NOTIFICATION

COMPETITION COMMISSION (SERVICE) REGULATIONS, 2007

[Gazette of Pakistan, Extraordinary, Part-II, 9th October, 2014]

S. R. O. 920 (I)/2014, dated 2.10.2014.--In exercise of the powers conferred under Section 58 of the Competition Act, 2010 (the “Act”), the Competition Commission of Pakistan (the “Commission”) is pleased to make the following further amendments in the Regulations, namely:--

In the above Regulations,--

1.       Para 20 (Leave Account) of Chapter 10 shall be substituted with the following, namely:--

        20.    Leave Account.--Leave account in respect of each employee shall be maintained as part of his service.

          (1)      All the employees shall submit leave applications, duly approved by the Competent Authority, to Administration Department at least three working days before proceeding on leave.

          (2)      In case of leave where prior approval is not mandatory, the employee shall submit the approval of leave to Administration Department on the day he is back in office before closing of office hours. A leave application submitted after the said time period shall not be entertained and the leave shall be treated as leave without pay.

          (3)      All employees are expected to register their arrival/departure at the office premises through the Biometric Attendance System installed at entrance and strictly follow the office timings i.e. 0900-1715 hours. An employee arriving 30 minutes after the starting time will be considered late. To ensure office discipline, late arrivals shall be dealt as follows:

          (a)      Arrival of any employee after 11 a.m. will be considered as half day leave and arrival of any employee after 1 p.m. will be recorded as one casual leave.

          (b)      Three late arrivals shall be treated as one day casual leave.

          (c)      If authorized casual leave balance of an official has been exhausted, the three late arrivals shall be counted as one day's balance and be treated as leave without pay.

2.       In Appendix (Basic Salary Structure and Allowances) to Para 10 of Chapter 3, in Row 5, 3rd Column, the following is added:

          Director General

          (a)      monetized value as per policy.

          (b)      monetized value as per policy.

3.       In Appendix (Basic Salary Structure and Allowances) to Para 10 of Chapter 3, in Row 5, 4th Column, the existing words will be replaced by:

          (a)      monetized value as per policy.

          (b)      monetized value as per policy.

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RULES, 2014

GILGIT-BALTISTAN (AMENDMENT) JUDICIAL SERVICE RULES, 2014

[Gazette of Pakistan, Extraordinary, Part-II, 9th October, 2014]

S.R.O. 909(I)/2014, dated 4.9.2014.--In exercise of power conferred by Article 79 of the Gilgit-Baltistan (Empowerment & Self Governance) Order 2009, the Chief Judge, Gilgit-Baltistan Chief Court with the approval of the Governor, Gilgit-Baltistan hereby make the following amendments in Sections 6, 7 and 12 of the Gilgit-Baltistan Judicial Service Rules 2010:--

Preamble.--WHEREAS it is expedient further to amend the Gilgit-Baltistan Judicial Service Rules, 2010 for the purposes hereinafter appearing.

It is enacted as follows:--


3.  Short title and commencement.--(1) these rules may be called the Gilgit-Baltistan (Amendment) Judicial Service Rules 2014.

(4)  They shall come into force at once.

6.     Substitution of sub-section (1) and (1)(a).

In Section 6 sub-sections (1) & (1) (a), the following shall be substituted namely.

(1)      In case of initial recruitment as Civil Judge-cum-Judicial Magistrate if he is less than twenty-two years and more than thirty five years of age. The maximum age limit would be thirty Five (35) years.

(c)      In case of Government servant who has served in connection with the affairs of the Federal or the Gilgit-Baltistan Government or in any other department function in Gilgit-Baltistan for a period not less than 05 years, the upper age limit shall be thirty seven years (37 years).

No relaxation in upper age limit would be allowed, including the (relaxation of upper age limit) Rules 1993, in any case.

7.     Explanation.--In Section 7 at the end of Explanation, the following shall be inserted “and Assistant Registrar”.

12.  Substitution of Section 12 of the Gilgit-Baltistan Judicial Service Rules 2010; In Section 12, the following shall be substituted namely:--

“The Chief Judge may relax any of these rules subject to reason in writing, if the Chief Judge is satisfied that a strict application of the rules would cause undue hardship and his decision shall be final in such matter.”

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RULES, 2014

PAKISTAN LEGAL PRACTITIONERS & BAR COUNCILS (AMENDMENT) RULES, 2014

[Gazette of Pakistan, Extraordinary, Part-II, 8th September, 2014]

S.R.O. 784(I)/2014, dated 30.8.2014.--In exercise of the powers conferred By Section 55 of the Legal Practitioners & Bar Councils Act, 1973 (XXXV of 1973) and other enabling provisions in this behalf, the Pakistan Bar Council hereby makes and notifies the following amendments in the Pakistan Legal Practitioners & Bar Councils Rules, 1976.

1.     Short Title and commencement:

(i)       These Rules may be called the “Pakistan Legal Practitioners & Bar Councils (Amendment) Rules, 2014.”

(ii)      They shall come into force at once

2.     Amendment of Rule 177:

(i)       In clauses (a) and (d) of Rule 177 the figure “5000” may be substituted by the figure “10000”.

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REGULATIONS, 2014

BROADBAND QUALITY OF SERVICE REGULATIONS, 2014

[Gazette of Pakistan, Extraordinary, Part-II, 13th August, 2014]

S.R.O. 731(I)/2014, dated 27.6.2014.--In exercise of the powers conferred under clause (o) of sub-section (2) of Section 5 of the Pakistan Telecommunication (Re-organization) Act, 1996 the Pakistan Telecommunication Authority is pleased to make the following regulations:

PART-I

PRELIMINARY

1.  Short title and commencement.--(1) These Regulations may be called the Broadband Quality of Service Regulations, 2014.

(2)  These Regulations shall come into force from the date of gazette notification.

2.     Definitions.--(1) In these Regulations, unless there is anything repugnant in the subject or context otherwise requires:

(a)      “Act” means Pakistan Telecommunication (Re-organization) Act, 1996;

(b)      “Authority” means Pakistan Telecommunication Authority established under Section 3 of the Act;

(c)      “AAA” means the Authentication, Authorization, and Accounting server which provides authentication, authorization and accounting services for access to computer resources.


(d)      “Bandwidth” means, in terms of computer networks, the data transfer rate i.e. the amount of data that can be carried from one point to another in a given time period. Bandwidth is expressed in bits (of data) per second (bps);

(e)      “Broadband” means 'always on' services with a data rate equal to or greater than 256 Kbps or as adopted by the Authority from time to time in line with policy issued by the Federal Government;

(f)       “Broadband Service Provider” (BSP) means fixed local loop, wireless local loop and class data licensee;

(g)      “Network Termination Point” (NTP) means Network Termination point which is any point of termination on a telecommunication system at which the terminal equipment may be connected;

(h)      “Rules” means all rules issued by the Federal Government under Section 57 of the Act; and

(i)       “Regulations” means all regulations issued by the Authority.

(2)  Words and expressions used but not defined in these regulations shall have the same meaning assigned to them in the Act, Rules and Regulations.

3.     Scope and Applicability.--These Regulations shall apply to all BSP (s) in order to define the key performance indicators (KPIs) for Broadband services. These KPIs shall act as quantifiable benchmarks for determining quality of service for Broadband service.

PART - II

TESTING METHODOLOGY

4.     Quality of Service Testing Methodology.--The following factors shall be considered while testing the KPIs for Broadband, where applicable:

(a)      All network related parameters be applicable at the NTP. For wireless application the last mile air interface shall be considered as the NTP;

(b)      Use of realistic, real time traffic instead of using test lines for measurements;

(c)      Maintain consistency across all similar BSPs;

(d)      All tests to be carried out at a designated place defined by the Authority, without mobility;

(e)      Testing, where applicable shall be performed at-least during peak and off-peak traffic hours;

(f)       Test areas shall be identified by the Authority after obtaining coverage information from operators;

(g)      Test lines shall be provided by the BSPs within one week of Authority request;

(h)      Information on different service packages shall be collected prior to initiating the testing.

(i)       Duration of each test and number of samples shall be approved by the Authority before each survey; and

(j)       Authorized officer of the Authority shall ensure that his/her testing equipment to check the customer premises equipment has proper power back up before commencement of the test.

PART – III

BROADBAND QUALITY OF SERVICE STANDARDS [TECHNICAL]

5.     Technical Quality of Service Standards.--(1) All BSPs shall adopt the performance parameters as prescribed below and in Annex-A to these Regulations:

Provided further that the Authority may modify, delete or add key performance indicators and/or their rating tables on the basis of the extent of coverage, new deployments and the Quality of service factors provided at Annex-A, as and when required.

(2)      In case a test is performed at multiple times for multiple days then the result shall be calculated for the mean of all values. It shall be ensured that the test shall be conducted at least during peak and off-peak traffic hours.

(3)      All monitoring by the Authority shall be performed at the NTP of the BSPs and checked against the following parameters:

(a)    Network Availability.--The parameter shall check the availability of the network or service, as is claimed or “advertized” by the BSP. This shall verify operator coverage claims. It is a binary check. The network availability shall be checked for all the broadband service providers in a manner identified in Table 1 in Annex A. Coverage maps may be obtained from service providers before the actual verification/testing is done.

(b)    Link Speed.--The link speed (LS) shall be checked against the advertised speeds. Actual link rates shall be measured during the proposed `T' test times. Once a link has been established successfully, sustainability of the service shall be checked. The link speed shall be checked in a manner identified in Table 2 in Annex A.

(c)    Service Availability (in %).--The metric shall check for the availability of the internet service.

          During testing if N attempts are made to connect to the internet and if the attempt failed F times then:

          Availability = (1-F/N) x 100%

          An attempt is declared as a failure, if internet connection is not established within 75 seconds for FLL communications and 120 seconds for WLL communications. The availability shall be checked in a manner identified in Table 3 in Annex A.

          Under this KPI following two parameters shall be checked:--

          (1)      Connect time (for instances when the modem is started afresh or after a rest)

          (a)      Transceiver connect time is 45 seconds through FLL access and 75 seconds through WLL access respectively.

          (b)      AAA Authentication Time is 30 seconds through FLL access and 45 seconds through WLL access respectively.

          (2)      Service Availability: For clarity following assumption is added:

          (a)      Within the same Home Location Register;

          (b)      User identification number (UID)/password has to be given explicitly;

          (c)      Within 3 Km of radial distance from the switch (For copper only loops extending from exchange to customer premises);

          (d)      Customer terminal powered up (fresh boot up for every applicable test);

          (e)      Laptop is powered up; and

          (f)       75 seconds for FLL communications and 120 seconds for WLL communications.

The availability of service shall exclude service downtime for the purpose of upgrading or routine maintenance of the network system provided that users are informed in advance of any such up-gradation or maintenance actions. Subsequent grading shall be applied as provided in table 3.1 in Annex-A.

(d)    Retainability. This KPI shall check the retainability of the service over a period of 60 minutes. No disconnection over a period shall be termed as Grade A. Subsequent grading shall be applied as provided in Table 4 in Annex A.

          Recurring tests shall be performed prior to the expiry of automatic log-off (session clearance) time. The time decided/determined by the Authority shall be programmed by all BSPs.

(e)    Bandwidth.

(i)       Download Speed (kbps/Mbps). The actual download speed available to the subscriber shall be measured. Keeping the reasonable loading level in the intra network links up to ISP node, and the fact that in general for normal broadband operations data rate is lower than the advertised/planned data rate, the data speed must be at least 60% of the advertised speed of broadband service plan, of both download and upload, and this must be experienced at least 70% of the time. For example, if the broadband download service plan is 1000 Kbps, a pass result shall be considered if data speed is 600 Kbps or better. The Download Speed shall be checked in a manner identified in Table 5 in Annex A. Subsequent grading shall be applied as provided in table 5.1 in Annex A.

          Data download speed = Size of the test file (data) in ISP Server (in MB)/Transmission Time (in seconds) required for error free transfer of the entire data.

          Size of test file should be at least 10MB. It should be downloaded from website of the BSP and/or PTA's website as long as the choice is consistent for all. For other download packages the file size shall be adjusted accordingly to maintain the same anticipated download time.

(ii)      Upload Speed (Kbps/Mbps): Methodology used for calculating upload speeds shall be similar to download speeds. The Upload speed shall be checked in a manner identified in Table 5.2 in Annex A, for e.g. if the Broadband upload service plan is 256 Kbps a pass result shall be considered if data speed is 153.6 Kbps. Subsequent grading shall be applied as provided in table 5.3 in Annex A.

(iii)     Download/ Upload Speed Ratio:

          This KPI shall be intimated first by the service provider to be followed by the Authority to check for conformity through test measurements. This shall be calculated as indicated in Table 5.4 in Annex A.

(iv)     Contention Ratio:

          It is the ratio of peak bandwidth utilization of a BSP averaged for the last three months obtained from operator's Multi-Router Traffic Grapher (MRTG), to the total sum of the individual bandwidth sold to the residential subscribers of the same operator. Same shall be recorded against Table indicated in Table 5.5 in Annex A. If required, contention ratio for business subscribers may be calculated separately.

          Contention Ratio = Avg. of three months Peak BW (MRTG): ∑BW sold to relevant subscribers

(f)       Round Trip Time (RTT, milli-sec).--RTT shall be measured upto the Broadband Remote Access Server (BRAS). A packet must have a delay of no longer than 110 ms based on a minimum standard packet size of 32 bytes. RTT shall be tested using 'ping' and shall be from the destination address provided by operator within its network as identified in Table 6 in Annex A. Subsequent grading shall be applied as provided in table 6.1 in Annex A.

(g)      Packet Loss (%). Packet loss shall be calculated using 'ping' as identified in Table 7 of Annex-A. The minimum number of packets that shall be tested at one time is 100, which may be reviewed by the Authority from time to time. The formula to measure packet loss is defined as follows:

          Packet Loss = [L/(L+R)]* 100

          Where,

          L = Number of Lost Packet

          R = Number of packets received

          Subsequent grading shall be applied as provided in table 7.1 in Annex A.

(h)      Jitter (ms).--Jitter shall be calculated using 'ping' as identified in Table 8 of Annex A. The minimum samples shall be 100. If RTT avg is the average RTT, derived out of 100 samples, and RTT 1, RTT 2....RTT 100 are the RTT for individual packets then jitter shall be calculated as follows:

          Jitter=E (RTTavg-RTTk)/100 (magnitude shall be used without '+/-' signs)

          Subsequent grading shall be applied as provided in table 8.1 in Annex A.

PART – IV

BROADBAND QUALITY OF SERVICE STANDARDS [NON-TECHNICAL]

6.  Non-Technical Quality of Service Standards.--All BSPs shall adopt the non-technical performance standards as follows:

(1)      Tariff Comparison. The cost of all the packages provided by each BSP shall be collected on business/residential, data/volume or any other package plans, if any. The cost shall be calculated in Pak Rupees, as identified in Table in Annex B.

(2)    Customer Service:

(a)    Unplanned Outage.--The BSPs unplanned outage process shall comply with the license conditions and Regulations. Reasons for outage shall be recorded by the BSP. The BSP shall keep logs with proper command line information, verifiable by the Authority as and when required;

(b)    Planned Outage.--The BSPs shall ensure compliance to the license conditions and Regulations when planning an outage.

(c)    Automated Ticketing System for Recording Complaints.--The availability of computerized customer complaint database shall be ensured by the BSP. The system should be capable of generating automated tickets to the complainants. If the automated system is not available in accordance with these regulations, the BSP must record the reasons under intimation to the Authority; and

(d)    Response to Assistance Requested.--The BSPs shall provide assistance to consumers in accordance with the license conditions and Regulations.

(3)    Service Provisioning and Billing Complaints.--Service Provisioning and billing complaints shall be processed in accordance with the license conditions and Regulations.

PART-V

BROADBAND SERVICE TESTING AND REPORTING REQUIREMENTS

7.  Quality of Service Testing.--(1) In addition to Authority's own conducted surveys and tests, all BSPs shall carry out quarterly testing of the quality of service of its Broadband service being provided in accordance with the parameters prescribed in these Regulations.

(2)  The Authority may depute its representatives to be present at the quality tests and surveys carried out by the BSPs.

(3)  Each BSPs shall maintain record of all data collected against each Quality of Service parameter/factor tested as prescribed by the Authority in these Regulations.

8.     Reporting Requirements.--(1) The data collected in the testing phase shall be submitted to the Authority within thirty (30) days of the end of each quarter to which the data relates or at such intervals as the Authority may direct from time to time, in the form and format as prescribed by the Authority.

(2)      The BSPs shall keep a record of the said quality tests and surveys, in such form and manner as the Authority may specify. This record shall at all times be open to inspection and audit by the designated representative of the Authority, with or without notice to the BSPs.

(3)      The record of all data shall be retained and maintained in the safe custody of the BSPs for a period of three (03) years.

9.     Inspection of Quality of Service.--(1) The Authority may conduct inspections, surveys, tests or make surprise checks through its designated representative or conduct performance audit of the quality of service offered by BSPs from time to time to ensure that services are provided in accordance with the standards prescribed in the license, these Regulations or as determined by the Authority from time to time.

(2)      In order to carry out the tests and surveys the BSPs shall provide test connections to PTA within one week of request (no more than 3 test connections per zonal office) and shall extend full co-operation and provide all required assistance to the designated representative.

(3)      The Authority may, if circumstances so require, engage a consultant to conduct the quality of service audit.

(4)      The designated representative shall prepare an inspection report of such Quality of service inspections, which clearly spell out the shortfalls, if any, observed during the inspection. This report shall be provided to the BSPs. The BSPs shall immediately take all remedial measures to remove the shortfalls identified in the report and submit a compliance report within thirty (30) days by confirming that all the specified shortfalls have been removed.

10.   Publication of Quality of Service Reports.--(1) The Authority may publish survey results, service test results and ratings of the BSPs as provided in Annex A for information of the general public. The tariff detail shall always be included while publicizing the survey results.

(2)  All survey results, service test results and ratings of the BSPs shall also be available for the information of the general public on the website of each BSP.

Annex-A

(See Regulation 5)

Sample Evaluation Tables

The following shall apply to the KEY PERFORMANCE INDICATORS as specified in these Regulations.

Broadband Service Providers (BSP) and Packages

The testing plan will benchmark all BSPs of Pakistan who offer similar Connection Plans.

Collection of Service Package Information of Operators

Package Details*

BSP-A

BSP-B

BSP-C

BSP-D

BSP-E

BSP-F

…….

 

B

R

B

R

B

R

B

R

B

R

B

R

 

 

Wired

Y/N

 

 

 

 

 

 

 

 

 

Wireless

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Etc…..

 

 

 

 

 

 

 

 

 

 

 

B= Business   R= Residential    BSP= Broadband Service Provider
Y=Yes  N=
No

*Package details may include information on speed, mode i.e. wired or wireless, and provisioning of voice / data, etc.

Table 1: Network Availability

Advertised Network Available Areas City Wise(ANAC)

(*Table shall be repeated for all BSPs)

BSP-A

 

ANAC 1

ANAC 2

ANAC 3

ANAC 4

ANAC 5

………

 

B

R

B

R

B

R

B

R

B

R

B

R

Network Availability

Y/N

 

 

 

 

 

 

 

 

 

 

 

B=Business  R=Residential  BSP=Broadband Service Provider

ANAC=Advertised Network Available Areas City Wise(By BSP)

Y=Yes  N=No

Network Coverage Maps may be obtained from BSPs before recording this KPI.

Table 2: Link Speed

Link Speed (Uplink, Downlink)

Speed/BSP

BSP-A

BSP-B

BSP-C

BSP-D

BSP-E

BSP-F

…….

 

B

R

B

R

B

R

B

R

B

R

B

R

 

 

128 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

256 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

512 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

…..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B= Business  R= Residential  BSP= Broadband Service Provider

Table 3: Service Availability

Service Availability (%)
BSP-A*
(*Table shall be repeated for all BSP’s Package)

 

T1

T2

T3

….

Average %

Day 1

 

 

 

 

Availability =
1-F/N) x 100%

 

 

 

 

 

N= Total No. of times the experiment is done for a single BSP/ Package
F=No. of times internet is unreachable

Table 3.1: Service Availability Grading

Service Availability(%)

Grade A

Grade B

Grade C

Grade D

Grade E

≥95%

<95% and ≥80%

<80% and ≥70%

<70% and ≥50%

< 50%

Table 4: Retainability

Retainability (minutes)

Grade A

Grade B

Grade C

Grade D

Grade E

60 min

<60 and ≥45

<45 and ≥30

<30 and ≥15

< 15 and ≥5

Table 5: Download Speed

Download Speed

Speed/BSP

BSP-A

BSP-B

BSP-C

BSP-D

BSP-E

BSP-F

…….

 

B

R

B

R

B

R

B

R

B

R

B

R

 

 

128 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

256 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

…..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B= Business   R= Residential   BSP= Broadband Service Provider
(Table Shall be repeated for T timings in a day

Table 5.1: Download Speed Grading

Download Speed

Grade A

Grade B

Grade C

Grade D

Grade E

≥Speed* 75%

<Speed*75% and ≥Speed*60%

<Speed*60% and ≥Speed*45%

<Speed*45% and ≥Speed* 30%

< Speed*30%

Speed implies to advertised speeds by BSPs

Table 5.2: Upload Speed

Upload Speed

Speed/BSP

BSP-A

BSP-B

BSP-C

BSP-D

BSP-E

BSP-F

…….

 

B

R

B

R

B

R

B

R

B

R

B

R

 

 

128 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

256 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

…..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B= Business   R= Residential   BSP= Broadband Service Provider
Table shall be repeated for T timings in a day

Table 5.3: Upload Speed Grading

Upload Speed

Grade A

Grade B

Grade C

Grade D

Grade E

≥Speed* 75%

<Speed*75% and ≥Speed*60%

<Speed*60% and ≥Speed*45%

<Speed*45% and ≥Speed* 30%

< Speed*30%

Speed implies to advertised speeds by BSPs

Table 5.4: Download/Upload Speed Ratio

Ratio of Download/ Upload Speed

 

BSP-A

BSP-B

1Mbps/128 Kbps

Plan A (Ratio)

 

 

1Mbps/1Mbps

 

 

 

….

 

 

 

Table 5.5: Contention Ratio

Contention Ratio

 

BSP-A

BSP-B

Contention Ratio= Avg. of three months Peak BW(MRTG) :∑BW sold to relevant subscribers

Table 6: Round Trip Time (RTT)

Round Trip Time
BSP-A
(*Table shall be repeated for all BSP's)

 

T1

T2

T3

Average(ms)

Day 1

 

 

 

 

 

 

 

 

 

 

Table 6.1: Round Trip Time (RTT) Grading

RTT(For Local Latency in ms)

Grade A

Grade B

Grade C

Grade D

< 70ms

> 70ms and <80ms

> 80ms and < 90ms

> 90ms and < 110ms

Table 7: Packet Loss

Packet Loss BSP-A (*Table shall be repeated for all BSP)

 

Time

Packets Status in RTT

Packet Loss
(%)

Packets Lost (L)

Packet Received
(R)

 

Day 1

T1

 

 

 

T2

 

 

 

T3

 

 

 

Day 2

T1

 

 

 

T2

 

 

 

T3

 

 

 

Table 7.1 Packet loss grading

Packet Loss

Grade A

Grade B

Grade C

Grade D

Grade E

< 2%

>2% and <3%

> 3% and < 4%

>4% and < 5%

>5%

Table 8: Jitter

Jitter BSP-A (*Table shall be repeated for all BSP)

BSP Name

Off Peak Traffic Time

Peak Traffic Time

Medium /Normal Traffic Time

Average RTT (msec)

 

 

Day 1

RTT1

 

RTT1

 

RTT1

 

 

RTT2

 

RTT2

 

RTT2

 

 

 

 

RTT100

 

RTT10

 

RTT100

 

 

 

Day 2

RTT1

 

RTT1

 

RTT1

 

 

RTT2

 

RTT2

 

RTT2

 

 

 

 

RTT100

 

RTT10

 

RTT100

 


Table 8.1: Jitter grading

Jitter

Grade A

Grade B

Grade C

Grade D

Grade E

< 15 ms

> 15ms and < 20ms

>20ms and < 25ms

> 25ms and < 30ms

>30ms

Annex-B

(See Regulation 6)

Cost Comparison

Tariff (Pak Rs.)

Down Load Speed/BSP

BSP-A

BSP-B

BSP-C

BSP-D

BSP-E

BSP-F

 

B

R

B

R

B

R

B

R

B

R

B

R

 

 

128 Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

256Kbps

 

 

 

 

 

 

 

 

 

 

 

 

 

 

….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B= Business       R = Residential        BSP= Broadband Service Provider

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RULES, 2014

OFFICE, OF FEDERAL OMBUDSMAN FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE (EMPLOYEES' SERVICE) RULES, 2014

[Gazette of Pakistan, Extraordinary, Part-II, 10th September, 2014]

S.R.O. 801(I)/2014, dated 9.9.2014.--In exercise of the powers conferred by Section 13 of the Protection against Harassment of women at the Workplace Act, 2010 (IV of 2010), the Federal Government is pleased to make the following rules, namely:--

CHAPTER-I

GENERAL

1.     Short title, application and commencement.--(1) These rules may be called the Office, of Federal Ombudsman for Protection against Harassment of women at the Workplace (Employees' Service) Rules, 2014.

(2)  They shall come into force at once.

2.  Definitions.--(1) In these rules, unless there is anything repugnant in the subject or context,--

(a)      “Act” means the Protection against women at the Workplace Act, 2010 (IV of 2010);

(b)      “appointing authority” in relation to a post means, the authority competent to make appointment to a post under these rules;

(c)      “basic pay scales” mean basic scales of pay sanctioned by the Federal Government from time to time;

(d)      “section” means a section of the Act of the Protection against Harassment of women at the Workplace Act 2010 (IV of 2010);

(e)      “duty” includes,--

          (i)       service as a probationer provided that such service is followed by confirmation;

          (ii)      joining time;

          (iii)     period of training undertaken, by an employee, with prior approval of the competent authority in or outside Pakistan;

          (iv)     compulsory waiting for posting; and

          (v)      attending obligatory departmental examination;

(f)       “initial appointment” means appointment made otherwise than by promotion or transfer;

(g)      “joining time” means the time allowed to an officer to join a post at the station to which he is posted;

(h)      “lien” means the title of an officer to hold substantively a permanent post on which he has been appointed substantively;

(i)       “Office” means the Secretariat of the Federal Ombudsman, appointed under Section 7 of the Act;

(j)       “pay” means the pay as defined under clause (d) of sub section (1) of Section 2 of the Civil Servant Act, 1973 (LXXI of 1973);

(k)      “permanent post” means a post as defined in clause (e) of sub-section (1) of Section 2 of the Civil Servants Act, 1973 (LXXI of 1973);

(l)       “regular appointment” means appointment made in the prescribed manner against posts likely to continue for an indefinite period whether by promotion or otherwise;

(m)     “Promotion and Selection Board” or “Promotion and Selection Committee” means Board or Committee constituted by the Federal Ombudsman for the purpose of recommending to appointing authority persons for initial appointment, promotion or appointment by transfer to a post in the office;

(n)      “schedule” means the Schedule to these rules;

(2)  All the words and expressions used but not defined in these rules shall have the same meanings as is assigned to them in the Act or, as the case may be, Civil Servants Act, 1973 (LXXI of 1973), and Rules made there under and explanation, amendments made by the Government from time to time.

CHAPTER-II

ESTABLISHMENT AND APPOINTMENTS

3. Employees' establishment.--The regular establishment of employees in basic pay scales 1 to 20 (BPS-1 to 20) of the Office shall consist of posts mentioned in the Schedule with their scales of pay, appointment to the posts in the Office shall be made in the manner as prescribed in the Schedule.

4. Appointing authority.--The person specified in column (3) of the Table below shall be appointing authority for making, on recommendations of the appropriate Promotion and Selection Board or Committee, appointment to various posts in the Office as specified in column (2) thereof namely:--

TABLE

S.No

For appointment to posts in

Appointing Authority

(1)

(2)

(3)

1.

BPS-20 and above and equivalent.

Appointments made by the Federal Government on deputation.

2.

BPS-17 to 19

Federal Ombudsman.

3.

BPS-5 to 16.

An officer to be notified by the Federal Ombudsman

4.

BPS-1 to 4

An officer to be notified by the Federal Ombudsman

5. Method of appointment and qualification for appointment, etc.--(1) Appointment to various posts shall be made on regular basis by any of the following methods namely:--

(a)      by initial appointment;

(b)      by promotion; and

(c)      by transfer

(2)  The method of appointment, qualifications and other conditions applicable to various posts shall be as laid down in the Schedule.

6.     Promotion and Selection Board and Committee.--The following shall be various Promotion Board and Committees to recommend to be appointing authority persons for their initial appointment, promotion or, as the case may be, appointment by transfer against various posts in the Office, namely:--

S. No

Name of the Board or Committee

For appointment to posts in

Composition of the Board or Committee

(1)

(2)

(3)

(4)

1.

Promotion and Selection Board

BPS-19

(a) Federal Ombudsman

(b) Secretary

(c) Director

Chairperson

Member

Member-cum-Secretary

2.

Promotion and Selection Board

BPS-17 to 18

(a) Federal Ombudsman

(b) Secretary

(c) Director

Chairperson

Member

Member-cum-Secretary

3.

Promotion and Selection Committee-1.

BPS-5 to 16

(a) Secretary

(b) Director

(c) Deputy Director (Admn)

Chairperson

Member

Member-cum-Secretary

4.

Promotion and Selection Committee-1.

BPS-1 to 04

(a) Director

(b) Registrar

(c) Deputy Director (Admn)

Chairperson

Member

Member-cum-Secretary

7.  Initial appointment.--A person shall be eligible for initial appointment to a post in the Office if he,--

(a)      is a citizen of Pakistan;

(b)      satisfies the prescribed qualifications and experience for the post as provided in the Schedule; and

(c)      is within the not more age-limit specified against the post in the Schedule.

8.     Vacancies to be advertised.--All vacancies to be filled in by initial appointment shall be advertised in the newspapers in accordance with the laid down policies of the Federal Government.

9.     Merit, provincial and regional quotas.--Vacancies in various posts shall be filled on all-Pakistan basis in accordance with the merit and provincial and regional quotas prescribed by the Federal Government from time to time. (Women Quota, Minorities (Non-Muslim) Quota and Disabled Quota.

10.   Certificate of good conduct.--(1) A person who is not already in the service of the Federal Government or a Provincial Government or any corporation or autonomous body set up or controlled by any such Government shall not be considered for appointment unless he produces a certificate of good moral character from an officer in basic pay scale 17 or above in the service of the Federal Government or a Provincial Government or an officer of similar rank in the service of such corporation or autonomous body.

(2)  Character and antecedents of the candidate for appointment to any post, other than the one who is already in service of the Office or holding a post under the Federal Government or a Provincial Government, shall be verified and the appointment shall be made only, if in the opinion of the appointing authority, his character and antecedents are satisfactory.

11.   Medical fitness.--A candidate for appointment to any post must be in good mental and bodily health and free from physical defect likely to interfere with the discharge of his duties. A candidate who, after such medical examination as has been prescribed by the Federal Government officers is found not to satisfy these requirements, shall not be appointed.

12.   Appointment by promotion.--(1) An employee possessing the prescribed minimum educational and other qualifications, length of service and other conditions as set out in the Schedule shall be eligible for promotion to a higher post for the time being reserved under these rules for promotion.

(2)  When first appointment of a person was made in a post in basic pay scale 16 or below, one-half of service in basic pay scale 16 and one-fourth in basic pay scale 15 and below shall be counted as service in basic pay scale 17 for computing minimum length of service for purpose of promotion.

(3)  The period of extraordinary leave or any other period of service which is not reckoned as service qualifying for pension shall not be counted towards length of service for promotion.

(4)      The posts in basic pay scales 19 and below are non-selection posts. The promotion to those posts shall be made on the basis of seniority-cum-fitness.

(5)      The appropriate Promotion and Selection Board or Committee shall consider case of the eligible employee in order of his seniority and either--

(a)      recommend him for promotion;

(b)      recommend him for supersession on the ground of his being unfit for promotion; or

(c)      defer consideration of his promotion, if--

          (i)       disciplinary or criminal proceedings are pending against him;

          (ii)      he is on deputation aboard with a foreign government, private organization or an international agency;

          (iii)     he has not undergone the prescribed training or passed the departmental examination required, if any, for promotion; or

          (iv)     his seniority is sub-judice and some injunctive order has been passed:

                   Provided that in the case of deferment, a vacancy shall be reserved for him or, if it is filled, it shall be subject to condition that when he is subsequently promoted without having been superseded, he shall retain seniority with his original batch.

(6)      An employee who is superseded shall not be considered for promotion again unless he earns one more performance evaluation report for a full year.

(7)      An employee whose case is deferred shall be considered for promotion as soon as the reason for which his promotion was deferred cases to exist.

13.  Appointment by transfer.--(1) Appointment by transfer from one post to another post shall be made in the public interest with approval of the appointing authority or recommendation of the appropriate Promotion and Selection Board or Committee as specified in schedule to these rules.

(2)  Appointment to a post by transfer shall be made from amongst persons holding appointment on regular basis in the Federal Government or a Provincial Government in a post in the same basic pay scale or equivalent to or identical with the post to be filled, and only a person, possessing the qualification and meeting other conditions laid down for initial appointment to the post on which appointment by transfer is to be made, shall be considered for appointment by transfer on recommendations of the appropriate Promotion and Selection Board or Committee.

14.   Appointment on contract.--Appointment on contract basis to a post shall be made in accordance with the policy of the Federal Government.

15. Appointment on deputation.--The Federal Ombudsman may appoint on deputation against a post in the Office, a person who is holding an equivalent post on regular basis in the Federal Government or a Provincial Government or in a Corporation or in an Organization set up or controlled by such Governments. The terms and conditions of such appointment shall be settled with mutual consent of the lending authority and the Federal Ombudsman as per existing standard terms and conditions of the Federal Government.

16.   Appointment on acting charge basis.--Acting charge appointment shall be made in accordance with the provisions of the Civil Servants Act, 1973 (LXXI of 1973) and the rules made thereunder.

17.   Additional Charge.--Additional charge arrangement shall be made in accordance with the policy of the Federal Government.

18.   Current charge of higher post.--Grant of current charge of higher post shall be made in accordance with the policy of the Federal Government as amended from time to time.

19.   Probation.--(1) A person appointed to a post by initial appointment, by transfer or promotion shall be on probation for a period of one year.

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

(3)      On successful completion of the period of probation the appointing authority shall, by specific order, terminate the probation.

(4)      If no order is issued under sub-rule (3), on the expiry of first year of probation, it shall be deemed to have been extended for another year and if no order is passed after expiry of extended period of probation, the period of probation shall be deemed to have been completed satisfactorily.

(5)      Where in respect of any post, satisfactory completion of probation includes passing of any examination, test or course or successful completion of any training, a person appointed on probation to such post, who, before expiry of the original or extended period of probation, fails to pass such examination, test, Course or complete training, as the case may be, shall stand discharged from service or reverted to the post from which he was promoted, or transferred, or initially appointed.

(6)      An employee on initial appointment shall not be deemed to have completed his period of probation satisfactorily until his character and antecedents have been verified to the satisfaction of the appointing authority.

20.   Confirmation.--For the purpose of confirmation the employees shall be governed under the provisions of Civil Servants (Confirmation) Rules, 1993 as amended from time to time.

CHAPTER III

SENIORITY

21.   Seniority.--For the purpose of seniority the employees shall be governed under the provisions contained in the Civil Servants (Seniority) Rules, 1993 as amended from time to time.

CHAPTER IV

POSTING AND TRANSFER

22.  Liability to serve.--Unless otherwise provided for in these rules, an employee shall be liable to serve in any equivalent post in the Office anywhere in Pakistan:

Provided that where an employee is required to serve in a post outside his service or cadre his terms and conditions of service as to his pay shall not be less favourable that those to which he would have been entitled if he had been so required to serve.

23.   Transfer within the Office.--The Ombudsman may transfer employee from one post to another.

24.   Employee to serve for three years for fresh deputation.--An employee on repatriation from an earlier deputation shall not be considered for subsequent deputation until he serves in the Office for a minimum period of three years.

25.   Promotion of an employee during deputation.--An employee on deputation to a foreign service in Pakistan, if due for promotion, shall be considered for promotion only after he has resumed duly in the Office.

CHAPTER V

TERMINATION, REVERSION, RESIGNATION AND RETIREMENT

26.   Termination of service.--For the purpose of termination of service, the employees shall be governed under Section 11 of the Civil Servants Act, 1973 as amended from time to time.

27.   Reversion to lower post etc.--For the purpose of reversion to a lower post etc., the employees shall be governed under the provisions of Section 12 of the Civil Servants Act, 1973 as amended from time to time.

28.   Resignation from service.--(1) An employee may resign from his post in writing:

Provided that the resignation shall not become effective unless it is accepted by the appointing authority and till such time the employee shall continue to serve and shall not absent himself from duty without proper leave:

Provided further that the appointing authority shall within fourteen days, decide the resignation and communicate the decision to the employee.

(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 an employee withdraws his resignation after its acceptance by the appointing authority but before he is relieved, it shall be open to the authority which accepted the resignation to allow the employee to withdraw the resignation.

(4)      The resignation of an employee shall not be accepted if any disciplinary or criminal proceedings against him are contemplated or pending.

(5)      An employee before submitting his resignation shall be required to clear all dues payable to the Office by him.

(6)      The resignation shall be submitted by the employee through his immediate officer who shall forward it to the appointing authority alongwith the following information, namely:--

(a)      whether any disciplinary or criminal proceedings are contemplated or are pending against him;

(b)      whether the employee is required to serve the Office for any specified period in accordance with his terms and conditions of appointment or any bond or undertaking in connection with the grant of leave or training and whether the period of bond or undertaking has expired and if not, whether any money spent on his training is recoverable from him or has been paid by him; and

(c)      whether any other dues recoverable from him have been paid by him or not.

29.   Retirement.--For the purpose of Recruitment the employees shall be governed under Section 13 of Civil Servants Act, 1973 as amended from time to time.

30.   Employment after retirement--A retired employee shall not be re-employed in the office unless such re-employment is absolutely necessary in the public interest and does not block promotion of a junior employee. Such re-employment may be made with approval of the Prime Minister in accordance with the policy of re-employment issued by the Federal Government as amended from time to time. Further, persons dismissed/compulsory retired or retired on exercise of option before attaining the age of superannuation shall not be eligible for re-employment in any manner.

31.   Conduct.--For the purpose of conduct, the employees shall be governed under the provisions of Government Servants (Conduct) Rules, 1964 as amended from time to time.

32.   Efficiency and discipline.--In the matter of efficiency and discipline the employees shall be governed under the Government Servants (Efficiency & Discipline) Rules, 1973 as amended from time to time.

CHAPTER VII

MISCELLANEOUS

33.   Application of other rules, etc.--For matters not provided for under these rules, the employees shall be governed by the laws, rules, regulations, orders, instructions etc. as are applicable to civil servants of the same rank and status in the Federal Government.

34.   Repeal and savings.--Any rules, regulations, notifications, orders and instructions concerning terms and conditions of service of employees made or issued prior to commencement of these rules are hereunder repealed but the repeal thereof shall not affect any action taken or any thing done or suffered thereunder.

SCHEDULE

[See Rules 2(1)(n), 3, 5, 7 and 12]

TABLE-I

Sr. No.

Name of the post

Basic Pay Scale

(1)

(2)

(3)

1.

Secretary

20

2.

Director

19

3.

Private Secretary

17

4.

Deputy Director (Admn)

18

5.

Registrar

18

6.

Publication Officer

18

7.

Deputy Director (Accounts)

17/18

8.

Assistant Director (Admn)

16

9.

Assistant Registrar

16

10.

Assistant Accounts Officer

16

11.

Assistant Publication Officer

16

12.

Superintendent

16

SCHEDULE

[See Rules 2(1)(n), 3,5,7 and 12]

TABLE-II

S.No.

Name of the Post

Basic Pay Scale

(1)

(2)

(3)

1.

Stenographer

16

2.

Assistant In charge

15

3.

Assistant

14

4.

Stenotypist

14

5.

Upper Division Clerk

9

6.

Lower Division Clerk

7

7.

Staff Car Driver

4

8.

Dispatch Rider

4

9.

Duplicating Machine Operator

4

10.

Naib Qasid

1

11.

Chowkidar

1

12.

Mali

1

13.

Farash

1

14.

Sanitary Worker

1

A- METHOD OF APPOINTMENT

TABLE-III

S.No.

Name of the Post

By Promotion

By initial appointment or by appointment by transfer

(1)

(2)

(3)

(4)

1.

Secretary

--

To be filled through Federal Government on deputation

2

Director

50%

50%

3.

Deputy Director (Admn)

100%

 

4.

Registrar

100%

 

5.

Publication Officer

100%

 

6.

Deputy Director (Accounts)

50%

50%

7.

Private Secretary

100%

 

8.

Assistant Director (Admn)

100%

 

9.

Assistant Registrar

100%

 

10.

Assistant Publication Officer

100%

 

11.

Assistant Accounts Officer

100%

 

12.

Assistant Private Secretary

50%

50%

13.

Superintendent

100%

 

B.-CONDITIONS OF PROMOTION

TABLE-IV

Promotion to a post in column (2) of the table below shall be made by from amongst the persons who hold the post specified in column (4) of that table on regular basis and possess the qualification and experience prescribed in column (5), thereof namely.

S.No.

Nomenclature of the post

BPS

Person eligible for promotion

Conditions for promotion

(1)

(2)

(3)

(4)

(5)

1.

Director

19

Deputy Director (BPS-18)

12 years service in BPS-17 and above or 07 years service I BPS-18 in case of direct recruitment I BPS-18

2.

Deputy Director

18

Assistant Director (BPS-16), and Superintendents (BPS-16)

In the absence of intermediatory post in BPS-17 the conditions regarding length of service should be 08 years in BPS-16.

3.

Assistant Director (Admn)

16

Assistant-in-Charge (BPS-15) and Assistant (BPS-14)

03 years service as Assistant Incharge (BPS-15) or 05 years service as Assistant (BPS-14)

4.

Assistant Registrar

16

Assistant Incharge (BPS-15 and Assistant (BPS-14)

03 years service as Assistant Incharge (BPS-15) or 05 years service as Assistant (BPS-14) having bachelors degree in Law from any recognized university.

5.

Assistant Publication Officer

16

Assistant Incharge (BPS-15) and Assistant (BPS-14)

03 years service as Assistant Incharge (BPS-15) and 05 years service as Assistant (BPS-14).

6.

Assistant Accounts Officer

16

Assistant Incharge (BPS-15) and Assistant (BPS-14)

03 years service as Assistant Incharge (BPS-15) and 05 years service as Assistant (BPS-14).

7.

Private Secretary

16

Assistant Private Secretary (BPS-16)

03 years experience as Assistant Private Secretary.

8.

Superintendent

16

Assistant-in-charge (BPS-15) and Assistant (BPS-14)

03 years service as Assistant Incharge (BPS-15) or 05 years service as Assistant (BPS-14).

NOTE.--If no suitable person is available for promotion, the post reserved for promotion shall be filled in by initial appointment and failing that by transfer.

C - QUALIFICATIONS, EXPERIENCE AND AGE LIMIT FOR INITIAL APPOINTMENTS

On the closing date for receipt of applications as fixed in the relevant advertisement, a candidate for initial appointment to a post must possess the educational qualifications and experience and must be within the age limit as mentioned against the post concerned:

Provided that the maximum age limit shall be relaxable in respect of the different categories of candidates to the extent as provided in the Initial Appointment to a Civil Posts (Relaxation of Upper Age Limit) Rules, 1993.

TABLE-V

S. No.

Nomenclature of the post

BPS

Age

Academic Qualification

Minimum

Maximum

(1)

(2)

(3)

(4)

(5)

(6)

1.

Director

19

32

40

Second Class or Grade “C” Master's Degree from any recognized University Social Science and Law.

12 years service in BPS-17 and above or

07 years service in BPS-18 in case of direct recruitment.

2.

Deputy Director

18

25

35

Second Class or Grade “C” Master's Degree from any recognized University Social Science and Law. 05 years experience in BPS-17.

3.

Registrar

18

25

35

Second Class or Grade “C Master's Degree from any recognized University Social Science and Law.

05 years experience in BPS-17.

4.

Assistant Private Secretary

16

20

28

(i)  Second class or Grade “C Bachelor's degree from a University recognized by HEC

(ii)           A minimum speed of 100/50 w.p.m. in shorthand/ typing respectively

(iii)         Must be computer literate.

5.

Assistant Registrar

16

22

30

Second Class or Grade “C” Bachelors Degree from any recognized University in Social Science and Law.

6.

Assistant Accounts Officer

16

22

39

i.   2nd Class or grade “C” B.Com/IBBA/BCS from a University recognized by the High Education Commission; and

ii.  Final Examination of Association of Accounting Technicians of Pakistan (AAT); or

iii. Foundation Examination of Institute of Chartered Accounts of Pakistan (ICAP). Or

2nd Class or grade “C” Master's Degree in Commerce/ Business Administration/Finance/ Accounts from a University recognized by the High Education Commission.

7.

Assistant Director

16

22

30

Second Class or Grade “C'“ Bachelor's Degree from any recognized University Social Science and Law.


35.  This issues with the approval of the Establishment Division vide their O.M. No. 6/4/2013-R-II, dated 24-1-2014 and Finance Division vide their U.O. No.3(4) R-14/2014-24, dated 07-02-2014.

------------------------

REGULATIONS, 2015

BOOK BUILDING REGULATIONS, 2015

[Gazette of Pakistan, Extraordinary, Part-II, 16th January, 2015]

S.R.O. 35(I)/2015, dated 15.1.2015.--In exercise of the powers conferred by Section 40 of the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of 1997) the following draft Regulations are hereby published for the information of all persons likely to be affected thereby and notice is hereby given that objections or suggestions, if any, received within a period of thirty days from the date of its publication in the official Gazette, shall be taken into consideration.

CHAPTER I

PRELIMINARY

1.     Short title and Commencement.--(1) These Regulations shall be called the Book Building Regulations, 2015.

(2)      They shall come into force at once.

(3)      They shall apply to;

(i)       offer of shares for sale by the issuer or the Offerer through Initial Public Offerings by way of book building;

(ii)      the issuer and the Offerer;

(iii)     the Lead Manager;

(iv)     the Book Runner;

(v)      associated companies and associated undertakings of the issuer, the Offerer, the Lead Manager and the Book Runner;

(vi)     the Designated Institution;

(vii)    employees of the Lead Manager and Book Runner;

(viii)   Key Employees of the issuer or the Offerer, as the case may be;

(ix)     Related Employees; and

(x)      the Banker to the Book Building.

2.     Definitions.--(1) In these Regulations unless there is anything repugnant in the subject or context,--

(a)      “Act” means the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of 1997);

(b)      “Banker to the Book Building” means any of the schedule banks with whom an account is opened and maintained by the issuer or the Offerer, as the case may be, for keeping the Bids Amount received for bidding of shares under the Book Building Portion of the issue;

(c)      “Bid Amount” means the amount equal to the product of the number of shares bid for and the Bid Price;

(d)      “Bid Collection Centre” means a pre-determined place where bids are received and may include designated offices of the Book Runner, specified branches of any of the schedule banks designated as the Bid Collection Centers and offices of any other institution specified by the Commission;

(e)      “Bidder” means the Institutional Investors and the High Net-Worth Individual Investors who make bids for shares in the Book Building process;

(f)       “Bidding Period” means the period during which bids for subscription of shares are received;

(g)      “Bid Price” means the price at which bid is made for a specified number of shares;

(h)      “Book Building Portion” means that part of the total allocated for subscription through the Book Building;

(i)       “Book Building” means a process undertaken to elicit demand for shares offered for sale. Under this process bids are collected from the Bidders and a book is built which depicts demand for the shares at different price levels;

(j)       “Book Runner or Joint Book Runner” means a broker or TREC holder of any of the domestic stock exchange registered with the Commission or any other institution specified by the Commission and appointed by the issuer or the Offer, as the case may be, as the book runner, through an agreement in writing for the purpose of collecting Bids;

(k)      “Commission” means the Securities and Exchange Commission of Pakistan established under Section 3 of the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of 1997);

(l)       “Designated Institution” means the stock exchange, Central Depository Company of Pakistan Limited or National Clearing Company of Pakistan Limited that provides System for conducting Book Building;

(m)     “Floor Price” means the minimum price per share set by the issuer or the Offerer, as the case may be, in consultation with the Lead Manager and the Book Runner. A bid placed below the Floor Price shall not be entertained;

(n)      “High Net-Worth Individual Investor” means an individual investor who makes bid for shares of the value, as prescribed by the Commission from time to time, in the Book Building and have valid National Tax Number issued by the Federal Board of Revenue;

(o)      “Institutional Investor” means a company, body corporate and any other investor that is not an individual and includes both local and foreign institutional investors;

(p)      “Issue” means offer of new shares for sale by an issuer;

(q)      “Key Employee” means the chief executive officer, the director, the chief financial officer, the chief operating officer and the company secretary;

(r)      “Lead Manager” means a broker, or a schedule bank or a developmental financial institution or an investment finance company appointed as Lead Manager by the issuer or the Offerer, as the case may be;

(s)      “Limit Price” means the maximum price a prospective Bidder is willing to pay for a share under the Book Building;

(t)      “Limit Bid” means a bid by the Bidder at a Limit Price;

(u)      “Offer Size” means the total number of shares offered for sale comprising allocation to the Book Building Portion and allocation to the retail portion excluding pre-IPO placement, if any;

(v)      “Offer For Sale” means an offer of shares for sale by an Offerer;

(w)     “Offerer” means a person who directly or indirectly holds more than 10% shares of a public limited company or a body corporate and offer such shares for sale, in full or in part, to the public;

(x)      “Ordinance” means the Companies Ordinance, 1984 (XLVII of 1984);

(y)      “Regulations” means the Book Building Regulations, 2015;

(z)      “Related Employee” means an employee of the issuer, the Offerer, the Lead Manager or the Book Runner who is directly involved in the Transaction;

(aa)    “Step Bid” means a series of Limit Bids at increasing prices;

(bb)    “Strike Price” means the price per share determined on the basis of Book Building;

(cc)     “System” means an online electronic system developed and owned by the Designated Institution and used for conducting the Book Building; and

(dd)    “Transaction” means offer of shares for sale under these Regulations.

(2)  All words and expressions used but not defined in these Regulations shall, have the same meaning as assigned to them in the Act, the Ordinance and the Securities and Exchange Ordinance, 1969 (XVII of 1969).

CHAPTER II

ELIGIBILITY AND THE PROCEDURE

3.     Eligibility.--(1) The following persons are eligible to issue or offer shares for sale through the Book Building process under these Regulations:

(i)       a public unlisted company or an unlisted body corporate that intends to issue shares to the public;

(ii)      an Offerer that intends to offer shares for sale held in a public unlisted company or an unlisted body corporate; and

(iii)     the Government of Pakistan if offer shares for sale held directly or indirectly in a company or body corporate already listed.

4.     Conditions for Offer of Shares through Book Building.--The issuer or the Offerer, as the case may be, may offer shares for sale under these Regulations if it fulfills the following conditions namely:

(i)       the issuer meets the minimum capital requirement as required under the Listing Regulations of the stock exchange where the company is to be listed;

(ii)      the total Offer Size is not less than such shares, as prescribed by the Commission from time to time;

(iii)     out of the total Offer Size the Book Building Portion and the retail portion of the Issue shall be prescribed by the Commission from time to time;

(iv)     the company has filed application for listing with any of the stock exchange under Section 9 of the Securities and Exchange Ordinance, 1969;

(v)      it has obtained grading of the issue from a credit rating agency registered with the Commission;

(vi)     it has appointed a Lead Manager, through an agreement in writing, for floatation of the issue and its name is disclosed in the prospectus. An issuer or Offeror, as the case may be, need not to appoint a Lead Manager, if so desired by it, provided such issuer or Offeror is eligible to act as Lead Manager under these Regulations;

(vii)    it has appointed a Book Runner, through an agreement in writing, for undertaking the Book Building and its name is disclosed in the prospectus. More than one Book Runners can be appointed for same issue and in such a case all the Book Runners shall act as the Joint Book Runner.

(viii)   nothing in these Regulations shall restrict an issuer or Offerer to appoint a single person as Book Runner and Lead Manager;

(ix)     the issuer or the Offerer, as the case may be, has entered into an agreement in writing with the Designated Institution. The agreement shall specify inter-alia, the rights, duties, responsibilities and obligations of both parties to the agreement and may provide for a dispute resolution mechanism between the issuer or the Offer, as the case may be and the Designated Institution;

(x)      it has established the Bid Collection Centers and addresses and contact detail of the persons appointed there for collecting bids are disclosed in the prospectus in the form and manner as provided in Appendix-A;

(xi)     the issuer or the Offerer, as the case may be, has obtained approval of the Commission for issue, circulation and publication of the prospectus for sale of the shares;

(xii)    the prospectus is issued, circulated and published at least seven days prior to the commencement of the subscription period for the retail portion of the Issue, as required under Section 53(2) of the Ordinance, however, gap between closing of the bidding period for the book building and commencement of the subscription period for retail portion of the Issue is not more than such days, as prescribed by the Commission from time to, time; and

(xiii)   within two working days of the closing of the Bidding Period, an addendum shall be published for public information atleast in all those Newspapers in which the prospectus is published. The addendum shall contain the Strike Price, the Offer Price, total number of shares to be offered under retail portion of the Issue, names of the underwriters and number of shares underwritten by each of them, underwriting commission, take up commission, if any, justification for premium, if any, list of additional material contracts.

5.  Procedure for Issue or Offer of Shares through Book Building.--(1) The bidding shall be conducted electronically through the System developed and owned by the Designated Institution in a fair, just, efficient and transparent manner;

(2)      The bidding period shall not exceed such days, as prescribed by the Commission from time to time, except in case of the offer of shares for sale or offer of other equity convertible securities for sale by the Government of Pakistan.

(3)      Save as provided in Regulation 8, no extension in the bidding period shall be allowed;

(4)      In addition to the disclosures required to be made under various provisions of the Ordinance, the disclosures mentioned in Appendix-A to these Regulations shall be suitably made in the prospectus;

(5)      The prospectus shall be submitted to the Commission for approval under Section 57 or Section 62, as the case may be, of the Ordinance;

(6)      After approval of the prospectus by the Commission, the issuer or the Offeror, as the case may be, shall seek approval of the stock exchange for allocation of dates for the bidding and the retail subscription periods;

(7)      After approval of the prospectus by the Commission, the Lead Manager and the Book Runner may jointly conduct awareness campaigns like advertisement, road shows, presentations, meetings etc.;

(8)      The issuer or the Offeror, as the case may be, shall in consultation with the Lead Manager and the Book Runner shall place copy of the prospectus on the websites of the Lead Manager, the Book Runner, National Clearing Company of Pakistan Limited, Central Depository Company of Pakistan Limited and the stock exchange(s) at which the company is to be listed;

(9)      In case the issuer or the Offerer, as the case may be, does not receive bids for the number of shares allocated under the Book Building Portion of the Issue, at the Floor Price, it, save as provided in sub-regulation 10, shall withdraw the offer. The decision of withdrawal shall be taken within a period, as prescribed by the Commission from time to time, of the closing of the Bidding Period. The withdrawal shall be immediately intimated to the Commission, all the stock exchanges and the Designated Institution. In case of withdrawal, the margin money shall be refunded to the bidders within such days, as prescribed by the Commission from time to time, of the decision of withdrawal;

(10)    Before decision to withdraw the offer, the issuer or the Offerer, as the case may be, may give option to the bidders to increase their bids volume beyond the threshold as mentioned in Regulation 10(4) in order to obtain subscription for the unsubscribed shares, if any, of the Book Building Portion.

(11)  Save as provided in sub-regulation (10) above, the Book Building process will be considered as withdrawn if the total number of bids received is less than forty;

(12)    The associated companies and associated undertakings of the issuer or the Offeror, as the case may be, shall not in aggregate make bids for shares in excess of 5% of the Book Building Portion;

In order to check this, the issuer or the Offerer, as the case may be, shall provide names and Universal Identification Numbers of all its associated companies and associated undertakings to the Book Runner at least three working days before the commencement of the bidding;

(13)    The issuer or the Offeror, as the case may be, shall open two separate bank accounts for collection of applications' money, one each for the Book Building Portion and other for retail portion; and

(14)    The subscription money received against the bids accepted shall not be released to the issuer or the Offerer, as the case may be, by the Banker to the Book Building Portion of the Issue till credit and dispatch of all shares allocated under the retail portion of the issue or formal listing of the company except in case of sale of shares by the Government of Pakistan.

6.     The Floor Price.--The Floor Price shall be decided by the issuer or the Offerer, as the case may be, after due diligence and in consultation with the Lead Manager and the Book Runner. The issuer or the Offerer, as the case may be, shall have full liberty to set the Floor Price, however, full Justification for setting the Floor Price shall be provided to the Commission and disclosed in the Prospectus in case it is higher than the face value of the share.

7.     Basis of Allotment.--(1) In case the bids received are sufficient to allot the total number of shares offered for sale under the Book Building Portion, the allotment shall be made on the basis of highest bid priority that is the bid made at the highest price shall be considered first for allotment of shares.

(2)  In case all the bids made above the Strike Price are accommodated and shares are still available for allotment, such available shares will be allotted against the bids made at the Strike Price but strictly on time priority basis.

8.     Restriction on Extension in the Biding Period.--No extension in the bidding period shall be allowed except in case of closure of banks due to extra ordinary circumstances including law and order situation etc.

9.     Restriction on revision of the Floor Price.--The Floor Price once disseminated to the investors shall not be revised.

10.   Restrictions on Book Runners, Lead Managers and Investors.--(1) The Book Runner shall be independent and shall not be associated company or associated undertaking of the issuer or the Offeror, as the case may be;

(2)      The Lead Manager, the Book Runner and their employees shall not make bids for shares for themselves or their dependents;

(3)      Key employees of the issuer or the Offerer, as the case may be, and their employees involved in the Transaction shall not directly or indirectly make bids for shares for themselves or their dependents;

(4)      Save as provided in sub-regulation (10) of Regulation 5, a single Bidder shall not place bid for more than Rs. 10 million or 2.5% of the Book Building Portion whichever is higher;

(5)      An investor shall not make more than one bids either severely or jointly; and

(6)      No person shall make consolidated bid.

Explanation: For the purpose of this clause the term “Consolidated Bid” shall mean a bid which is fully or partially beneficially owned by persons other than the one named therein.

11.   Restriction on provisional listing.--The company whose shares are issued through Book Building shall not be provisionally listed.

12.   Registration of the Eligible Investors with the Designated Institution.--(1) The Book Runner in consultation with the issuer or the Offerer, as the case may be, and the Lead Manager may provide a mechanism for registration of the eligible investors with the Designated Institution before commencement of the Bidding Period;

(2)      In such a case the Designated Institution shall make all necessary arrangements for receiving bids and the instruments evidencing payment of the bid money;

(3)      The registration shall remain open for at least three days immediate before the commencement of the Bidding Period; and

(4)      At the time of collecting evidence of bid amount, the Designated Institution shall assign password and user id to the Bidder authorizing the Bidder to directly make, revise and withdraw bid.

13.   Offer of Shares to Retail Investors.--Shares allocated under the retail portion of the Issue may be offered for sale by subscribing through the System subject to such terms and conditions to be specified by the Commission.

CHAPTER III

DUTIES AND RESPONSIBILITIES

14.   Main Parties to the Issue and their Role and Responsibilities:

(1)  The Issuer or the Offerer: The issuer or the Offerer, as the case may be, shall be responsible to:

(i)       appoint, save as provided in Regulation 4(vi), the Lead Manager and the Book Runner;

(ii)      ensure that the Book Runner has adequate infrastructure and arrangement with the Designated Institution to carry out the Book Building on its behalf in a fair, just, efficient and transparent manner;

(iii)     obtain all approvals, consents, no objection certificates and clearance relating to the issue or the Offer;

(iv)     ensure that all disclosures as required under the Ordinance and these Regulations have been made in the prospectus;

(v)      submit to the Commission, final report about issue, circulation and publication of the prospectus; subscription received; strike price discovered; basis of allotment; refund made and related matters within thirty days of the closing of the public subscription;

(vi)     provide to the Book Runner, list of its associated companies, associated undertakings, Key Employees and Related Employees along with their respective Universal Identification Number, to be entered and locked in the System, before commencement of the Bidding Period;

(vii)    ensure that list provided under clause (vi) above is complete and updated in all respects; and

(viii)   ensure that format and contents of the Bidding Form and Bidding revision Form are on the same format as specified by the Commission and are made part of the prospectus.

(2)  The Lead Manager: The Lead Manager shall be responsible to:

(i)       conduct awareness campaigns like presentations, meetings, road shows etc. jointly with the Book Runner;

(ii)      ensure that all disclosures as required under the Ordinance and these Regulations have been made in the prospectus; and

(iii)     obtain, on behalf of the issuer or the Offerer, all approvals, consents, no objection certificates and clearance relating to the issue or the Offer.

(3)  The Book Runner: The Book Runner to the issue or the Offer shall be responsible to:

(i)       ensure that necessary infrastructure and electronic system is available to accept bids and to undertake the whole Book Building in a fair, just, efficient and transparent manner ;

(ii)      the Book Runner must be financially capable for honoring its commitments arising out of defaults by their client investors, if any;

(iii)     conduct awareness campaign like presentations, meetings, road show etc. jointly with the Lead Manager;

(iv)     collect margin money and subscription money from the Bidders in the manner as mentioned in these Regulations;

(v)      use the software provided by the Designated Institution for the Book Building on such terms and conditions as may be agreed through an agreement in writing;

(vi)     ensure that the software used for Book Building is based on Dutch Auction Method for display of the order book and determination of the strike price;

(vii)    ensure that the System used for Book Building is capable to perform such functions as prescribed in Appendix B.

(viii)   ensure that the bidders can access to the System and can revise their bids electronically using the user id and the password;

(ix)     ensure that it has established Bid Collection Centers in all major cities of the country at least in the Federal Capital and all the provincial capitals;

(x)      enter into an underwriting agreement with the issuer or the Offerer, as the case may be, with respect to underwriting of the Book Building Portion;

(xi)     maintain record of all the bids received;

(xii)    ensure that it has obtained list and Universal Identification Numbers of:

          (a)      the associated companies, associated undertakings, Key Employees and Related Employees of the issuer;

          (b)      the associated companies, associated undertakings and all employees of the Lead Manager; and

          (c)      the associated companies, associated undertakings and all employees of the Book Runner.

(xiii)   ensure that names and Universal Identification Numbers of all the persons mentioned in clause (xii) are entered and blocked into the System before commencement of the Bidding Period; and

(xiv)   ensure that no bid is made by the persons referred to in clause (xii) above.

(4)    Designated Institution:

(i)       The Designated Institution shall ensure that the System used for the book building is capable to perform such functions as prescribed under Appendix B.

(ii)      The Designated Institution shall ensure that:

          (a)      identity of the bidder is not displayed;

          (b)      no bid is entered into the System after such time, as prescribed by the Commission from time to time, even if received in the Bid Collection Centers; and

          (c)      no bid is withdrawn after such time, as prescribed by the Commission from time to time, on the last day of bidding.

(5)    The Banker to the Book Building:

(i)       The Banker to the Book Building can with prior written approval of the Commission act as a Book Runner pursuant to an agreement in writing with the issuer or the Offerer, as the case may be; and

(ii)      the Banker to the Book Building shall immediately enter in System, details of all the bids collected so.

CHAPTER IV

PROCEDURE FOR BIDDING

15.  Procedure for bidding.--(1) The procedure for bidding shall be as under:

(i)       Bids can be at a `limit price’ or can be a 'step bid':

          Provided that the minimum size of a limit bid shall be such amount as prescribed by the Commission from time to time and in case of a step bid, the amount of any step shall not be less than such amount as prescribed by the Commission from time to time:

          Provided further that the minimum number of shares bid for shall not be less than 5000 shares.

(ii)      The investors shall place their bids through any of the Bid Collection Centers specified by the Book Runner and the Banker to the Book Building, if any approved by the Commission;

(iii)     The persons at the Bid Collection Centers shall vet the bid applications and accept only such bid applications that are duly filled in and supported by pay order, demand draft or a bank receipt evidencing transfer of the bid money into the issuer's designated account;

          At the time of collection of bids in physical form at the bid collection center, the investor shall be issued a token through an electronic token machine. The token issued by the machine shall bear name of the book runner, name of the bidding center, date and time. The time format shall be in hours, minutes and seconds.

(iv)     Multiple bids that is more than one bid in the name of same person shall not be accepted;

(v)      Consolidated bids shall not be accepted;

(vi)     The bidding shall commence from such time and shall close at such time on all days of the Bidding Period, as prescribed by the Commission from time to time. The bids shall be collected till such time and entered into the system by the Book-Runner till such time as prescribed by the Commission from time to time;

(vii)    The investors shall have the right to revise their bids any time during the bidding period; and

(viii)   The investors shall have the right to withdraw their bids any time during the bidding period till such time, as prescribed by the Commission from time to time, on the last day of the Bidding Period. No withdrawal shall be allowed after such time, as prescribed by the Commission from time to time on the last day for the bidding.

(2)      The Book Runner shall collect an amount:

(a)      to the extent of such percentage, as prescribed by the Commission from time to time, of the bid money as margin money in respect of bids placed by the High Net-Worth Individual Investors; and

(b)      not less than such percentage, as prescribed by the Commission from time to time, of the bid money as margin money in respect of bids placed by the Institutional Investors.

(3)      Payment of margin money shall be accepted only through demand draft, pay order or online transfer. Third party payment instruments shall not be accepted;

(4)      The Book Runner may on its own discretion accept bid without margin money if the bidder is a foreign institutional investor and the Book Runner guarantee payment of the entire subscription money in case the said bid is declared successful;

(5)      The Book Runner may reject any bid for reasons to be recorded in writing provided the reason of rejection is disclosed to such bidder. Decision of the Rook Runner shall not be challengeable by the bidder or its associates;

(6)      The Book Runner shall maintain record of all the bids received;

(7)      Bids can be revised either manually through the Bid Collection Centers or electronically through direct access to the System by the bidders. Revision shall, however, be subject to the condition that the bidder shall comply with the requirements of bidding under these Regulations and those disclosed in the prospectus;

(8)      The Designated Institution shall through the System display live throughout the bidding period an order book showing the demand for shares at various prices and the accumulated number of shares bid for alongwith percentage of the total shares offered. The order book should also show the revised bids and the bids withdrawn. The order book shall be accessible through websites, of the stock exchanges, National Clearing Company of Pakistan Limited and the Central Depository Company of Pakistan Limited via a weblink;

(9)      The order book shall display the bid prices in a descending order alongwith the quantity for each price level as well as the cumulative quantity at each price level;

(10)    At the close of the bidding period, the issuer or the Offeror, as the case may be, in consultation with the Lead Manager, if any, and the Book Runner shall determine the Strike Price on the basis of “Dutch Auction Method”. Under this Method, the Strike Price is determined by lowering the price to the extent that the total number of shares that the issuer or the Offeror, as the case may be, intends to offer shares for sale through the Book Building are subscribed;

(11)    Once the Strike Price is determined all those bidders whose bids are found successful shall become entitled for allotment of shares. The bidders, who have made bids at prices above the Strike Price, will be allotted shares at the Strike Price and the differential will be refunded. The bidders, who have made bids below the Strike Price, shall not qualify for allotment of shares and their margin money will be refunded;

(12)    Successful bidders shall be intimated, within one working day of the closing of the bidding period, the Strike Price and the number of shares provisionally allotted to each of them. The successful institutional bidders shall, within three working days of the closing of the bidding period, deposit the balance amount as consideration against allotment of shares. Where a successful bidder defaults in payment of shares allotted to it, the margin money deposited by such bidder shall be forfeited to the Book Runner;

(13)    Margin money of the unsuccessful bidders shall be refunded within two working days of the close of the bidding period;

(14)    Final allotment of shares out of the Book Building Portion shall be made after receipt of full subscription money from the successful bidders, however, shares to such bidders shall be credited at the time of credit and dispatch of shares out of the Retail Potion;

(15)    The successful bidders shall be issued shares in the form of book-entry to be credited in their respective CDS accounts. All the bidders shall, therefore, provide their CDC account numbers in the bid application; and

(16)    The Designated Institution shall continue to display on its website, the data pertaining to the Book Building and determination of the Strike Price for a period of atleast three working days after closure of the bidding period.

16.  Maintenance of Books and Records.--(1) The issuer or the Offerer, as the case may be, the Lead Manager, the Book Runner and the Designated Institution shall maintain record of the issue for a period of at least five years from the closing of the public subscription.

CHAPTER V

MISCELLANEOUS

17.   Relaxation.--Where the Commission is satisfied that it is not practicable to comply with any of the requirements of these Regulations, in a particular case or class of cases, the Commission may, for reason(s) to be recorded, relax such requirements subject to such conditions as it may deem fit and subject to payment of an amount of one million rupees as application processing fee for each relaxation sought.

18.   Penalty.--Whoever fails or refuses to comply with, or contravenes any provision of these Regulations shall in addition to any other penalty under the Ordinance, the Act and the Securities and Exchange Ordinance, 1969 be also punishable with a fine as provided under Section 40-A of the Act.

Appendix-A

[See Regulation 5(4)]

Disclosures to be made in the Prospectus

In addition to the disclosures requirements mentioned in Section 53 of the Ordinance read with second Schedule thereof, the Prospectus must contain the following disclosures:

(a)      the dates and time of opening and closing of the Bidding Period;

(b)      the method and process of bidding;

(c)      the Floor Price and justification for the same in case it is higher than the face value of the share;

(d)      particulars of the Lead Manager, the Book Runner, the Bankers to the Book Building Portion and the Share Registrar;

(e)      role and responsibilities of the Lead Manager, the Book Runner, and the Bankers to the Book Building Portion;

(f)       all expenses of the issue including fee and other charges to be paid to the Lead Manager, the Book Runner, the Designated Institution and the Bankers to the Book Building Portion;

(g)      the following accounting ratios shall be given in a separate Para under the heading, “'Financial Ratios” for each of the accounting periods for which the financial information is given in the prospectus;

          (i)       Earning Per Share, where applicable, as adjusted for changes in capital

          (ii)      Price Earning ratio, where applicable;

          (iii)     Break-up value per share/Net-Asset value per share; and

          (iv)     Return on Assets and return on equity.

Note: The accounting ratios disclosed in the prospectus should be calculated after giving effect to the consequent increase of capital on account of compulsory conversions outstanding, as well as on the assumption that the options outstanding, if any, to subscribe for additional capital shall be exercised.

(h)      the grading assigned to the issue by the Credit Rating Agency;

(i)       mechanism for determination of the Strike Price containing illustration, for easy understanding based on hypothetical data;

(j)       basis of allotment of shares out of Book Building Portion;

(k)      the addresses and contact details of the Bid Collection Centers in the following manner:

Name of City

Contact Person(s)

 

Phone (Direct & PABX)

 

Fax Number

 

Email

 

Postal Address

 

(l)       separate statements by the issuer or the Offeror, as the case may be, the Lead Manager and the Book Runner confirming that all the material information as required under the Ordinance and these Regulations have been fairly disclosed in the prospectus and that whatever stated in the prospectus and the documents submitted to the Commission alongwith application for approval of issue, circulation and publication of prospectus is true and correct to the best of their knowledge and belief and that nothing has been concealed;

(m)     separate statement by the chief executive and chief financial officer of the issuer certifying that the prospectus constitutes a full, true and plain disclosure of all material facts relating to the shares offered by the prospectus;

(n)      all the risk factors, contingent liabilities and material litigations;

(o)      interest of the Book Runner in the Issue and the issuer other than its role as a Book Runner; and

(p)      the mechanism for registration of the bidders before commencement of the Bidding Period, if any.

*****

Appendix-B

[See regulation 14]

Main Functions to be Performed by the System

1.       The System to be used for the Book Building must be capable to perform the following functions:

(i)       to record name, Universal Identification Number (UIN), National Tax Number (NTN), postal and email addresses, land line and cell numbers, bank account Number and branch address, Investor Account Number and Sub-Account Number of the bidder;

(ii)      to provide a mechanism for registration of the bidders before commencement of the bidding period and require the investors to provide at least such information as mentioned in Para (i) above;

(iii)     to generate bidders' Internet Protocol (IPs) address and keep record of all IP addresses from where the bids are placed;


(iv)     to record the number of shares bid for, the Bid Price, type of the bid i.e. Limit Bid or Step Bid, date and time of the entry of the bid;

(v)      to display the bids revised, bids withdrawn and date and time of the revision and withdrawal;

(vi)     not to accept the bids placed at a Bid Price that is below the Floor Price;

(vii)    to display live the total number of shares offered for sale, the Floor Price, total number of bids received, total number of shares bid for and indicative Strike Price;

(viii)   to build an order book showing demand for the shares at various price levels in a descending order alongwith the accumulated number of shares bid for and percentage of total shares offered under the Book Building Portion;

(ix)     to discover the strike price at the close of the Bidding Period; and

(x)      to generate alerts for the Bidders via Short Message Service through cell phones and emails upon entry of the bid, at the time of revision and withdrawal of the bid, and upon discovery of the strike price.

(2)  The System must provide the bidders the option to:

(i)       revise their bids online or through the Book Runner any time during the bidding period; and

(ii)      withdraw their bids online or through the Book Runner any time, as prescribed by the Commission from time to time.

--------------------------

RULES, 2015

DELIMITATION OF CONSTITUENCIES
RULES, 2015

[Gazette of Pakistan, Extraordinary, Part-II, 5th January, 2015]

S.R.O. 02(I)/2015, dated 1.1.2015.--In exercise of the powers conferred under Section 12 of the Delimitation of Constituencies Act, 1974 (Act No. XXXIV of 1974) and all other powers enabling it in this behalf, the Election Commission is pleased to make the following rules:--

1.     Short title and commencement.--(1) These rules may be called the Delimitation of Constituencies Rules, 2015.

(2)  These shall come into force at once.

2.     Definitions.--(1) In the rules, unless there is anything repugnant in the subject or context:--

(a)      “Act” means the Delimitation of Constituencies Act, 1974 (Act No. XXXIV of 1974);

(b)      “Assistant Delimitation Officer” means a person appointed as such under the rules;

(c)      “Council” means a local council as defined in the respective Federal or Provincial Local Government laws;

(d)      “Constituency” means a constituency delimited for the purpose of an election under the Act and the rules;

(e)      “Delimitation Authority” means an authority nominated/appointed by the Commission for hearing and disposal of representations and objections under the rules;

(f)       “Delimitation Officer” means an officer appointed under the rules;

(g)      “Elections” means election to National Assembly, a Provincial Assembly or a Local Government;

(h)      “Form” means forms appended to the rules;

(i)       “Local Government” means a local government established under a Federal or a Provincial law;

(j)       “Local Government Law” means a law enacted by a province or a Federal Government relating to Local Governments;

(k)      “Prescribed'' means prescribed under the rules;

(l)       “Publication” means publication in the official gazette;

(m)     “Publish” means and includes exhibition at a place accessible to the public;

(n)      “Ward” means an integrated area of a local government delimited for the purpose of an election under the Act and the rules.

(2)      All words and expression used in the rules but not defined shall have the same meaning as in the Act and the Local Government Laws.

3.  Appointment of Delimitation Officers etc.--(1) The Commission may appoint as many Delimitation Officers and Assistant Delimitation Officers from amongst the officers of the Commission, the Federal Government or the Provincial Government, Autonomous Bodies controlled by any such Government or the Authority, as may be necessary for the delimitation of constituencies under the Act and the rules.

(2)  A Delimitation Officer shall delimit the constituencies subject to the Act, the local government laws, the rules and such other instructions issued by the Commission.

(3)  An Assistant Delimitation Officer shall assist the Delimitation Officer in the performance of his functions and shall perform such other functions and duties as may be entrusted to him by the Delimitation Officer or as the Commission may direct, as the case may be.

4.     Function of Delimitation Officer.--Subject to the provisions of the Act or as the case may be, the local government laws, the rules and the directions of the Commission, the Delimitation Officer shall delimit the constituencies in the following manner:

The Delimitation Officer shall delimit each constituency in accordance with the principles of delimitation laid down in the Act or as the case may be the Local Government Laws, the rules and the instructions issued by the Commission.

Provided that constituencies so delimited for an assembly or as the case may be, a local government shall, as far as possible be equal in population and in case of variation, population difference may not be more than 10%.

5.  Assistance to the Delimitation Officer.--Subject to superintendence, direction and control of the Commission, the delimitation Officer may require any person or authority to perform such functions or render such assistance as may be required for the purposes of the Act and the Rules as he may direct.

The Federal or as the case may be the Provincial Government, subject to the direction of the Commission, shall provide the requisite maps, details of administrative and revenue units, Census data and number of constituencies, determined under the Constitution, the Act or as the case may be, the local government laws, for National Assembly, Provincial Assemblies or local governments for delimiting the constituencies.

6. Preliminary list of Constituencies.--(1) The Delimitation Officer shall prepare, on Form-I or as the case may be Form-IA, and publish a Preliminary Report and List of Constituencies specifying the areas proposed to be included in each constituency within 40 days from the commencement of the delimitation proceedings.

(2)  The list so prepared under sub-rule (1) shall be published for a period of 7 days for the purpose of inviting objections/ representations.

7.  Nomination of Delimitation Authority.--The Commission may nominate/appoint as many delimitation authorities as may be required for the hearing and disposal of objections and representations filed under Rule 8.

8.     Manner of making representation before the Delimitation Authority.--(1) Any person entitled to vote in the constituency may within 15 days from the expiry of the publication period make representation or prefer an objection before the Delimitation Authority.

(2)      The representation or objection shall be signed by the person making it and be presented either in person or by a duly authorized agent in writing.

(3)      The Delimitation Authority may hold inquiry; summon witnesses and record evidence as it may deem necessary and shall dispose of the matter within 15 days.

(4)      The Delimitation Authority as early as possible, but not later than 7 days, shall communicate his decisions to the delimitation officer.

(5)      The Delimitation Officer shall incorporate the decisions of the Delimitation Authority received by him under sub-rule (4) in the preliminary list of the constituencies and shall prepare, on Form-II or as the case may be Form-IIA, and publish final list of constituencies and send the same to the Provincial Election Commissioner, or as the case may be, the Commission for publication in the official gazette.

9.     Register of Representation or objection.--A register, on Form-III or as the case may be Form-IIIA, of representations or objections shall be maintained by the Delimitation Authority.

10.   Supply of copies etc.--Any person may obtain a copy of preliminary or final list of constituencies published under Rule 6 or sub-rule (5) of Rule 8 on payment of fee at the rate of rupees ten per page in the shape of Court fee stamps.

11.   Alteration in the Programme for Delimitation.--Notwithstanding anything contained in the Rules, in case of emergency or unforeseen events, the Commission may issue necessary instructions to the Delimitation Officers keeping in view the nature of event.

FORM-I

(See sub-rule (1) of Rule 6)

PRELIMINARY LIST OF CONSTITUENCIES

Name of Province: __________________________

National / Provincial Assembly

Serial No.

No. and Name of Company

Extent of the Constituency

Population

 

1

2

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature and Stamp of Delimitation Officer

Dated ______________

FORM-I A

(See sub-rule (1) of Rule 6)

PRELIMINARY LIST OF CONSTITUENCIES

Name (and number, if any) of Local Government: ___________________

Tehsil/Taluka: ____________________ District : _____________________

No. and Name of Constitutency

Extent of the Constituency

Population

Electoral Areas included in the Constituency

1

2

3

4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature and Stamp of Delimitation Officer

Dated _____________________

FORM-II

(See sub-rule(5) of Rule 8)

FINAL LIST OF CONSTITUTENCIES

Name of Province:______________________________________________

National / Provincial Assembly

Serial No.

No. and Name of Constituency

Extent of the Constituency

1

2

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature and Stamp of Delimitation Officer

Dated _____________________

FORM-II A

(See sub-rule (5) of Rule 8)

FINAL LIST OF CONSTITUENCIES

Name (and number, if any) of Local Government:___________________

Teshil/Taluka :____________________ District: ______________________

No. and Name of Constituency

Extent of the Constituency

Electoral Areas included in the Constituency

1

2

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature and Stamp of Delimitation Officer

Dated _____________________

FORM-III

(See Rule 9)

DETAILS OF REPRESENTATIONS AND OBJECTIONS RECEIVED IN CONNECTION WITH DELIMITATION OF CONSTITUENCIES

PRELIMINARY LIST OF CONSTITUENCIES

Name of Province: ______________________________________________

National / Provincial Assembly

Sl. No.

Date of filing

Name and Address of Objector

No. and Name of Constituency Objected to

Date of hearing

Accepted/ Rejected

1

2

3

4

5

6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature and Stamp of Delimitation Officer

Dated _____________________

FORM-III A

(See Rule 9)

DETAILS OF REPRESENTATIONS AND OBJECTIONS RECEIVED IN CONNECTION WITH DELIMITATION OF CONSTITUENCIES

Name and Designation of Delimitation Authority: ___________________

Name (and Number, if any) of Local Government: __________________


Sl. No.

Date of filing

Name and Address of Objector

No. and Name of Constituency Objected to

Date of hearing

Accepted/ Rejected

1

2

3

4

5

6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature and Stamp of Delimitation Officer

Dated _____________________

By Order of the Election Commission of Pakistan.

--------------------

RULES, 2015

SMEDA (EMPLOYEES SERVICE) RULES, 2015

[Gazette of Pakistan, Extraordinary, Part-II, 9th March, 2015]

S.R.O. 26(KE)/2015, dated 26.2.2015:-

In exercise of the powers conferred by Section 36 of the Small and medium Enterprises Development Authority (SMEDA) Ordinance, 2002 (XXXIX of 2002), the Federal Government is pleased to make the following rules, namely:--

CHAPTER-I

1.     Short title and Commencement--(1) These Rules may be called the SMEDA (Employees Service) Rules, 2015.

(2)  They shall come into force at once.

2.     Applicability.--These rules shall apply to all employees of Small and Medium Enterprises Development Authority.

CHAPTER-II

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

(a)      “Appellate Authority” means the officer or the authority next above the authority competent to conduct disciplinary action proceedings as prescribed under Rule 39 of these Rules;

(b)      “Appointing Authority” means the authority(ies) referred to in Chapter III, Part I of these Rules;

(c)      “Authority” means the Small and Medium Enterprises Development Authority (SMEDA) established under Section 3 of the Ordinance;

(d)      “Board” means the Board of Directors of the Authority;

(e)      “Chief Executive Officer (CEO)” means the Chief Executive Officer of the Authority;

(f)       “Competent Authority” means, in relation to maintaining discipline and conducting disciplinary action proceedings, the officer(s) designated as such under Rule 31 of these Rules;

(g)      “Demotion” means any movement of an employee to a level lower than the level being held by such employee at the time of such demotion,

(h)      “Employee” means any officer or servant of the Authority.

(i)       “HR Department” means the Department of Human Resources of the Authority.

(j)       “HR Committee” means the committee constituted for recruitment for level 3 to level 8 as per the Regulations issued under Section 37 of the Ordinance.

(k)      “Initial appointment” means an appointment in accordance with these Rules other than an appointment by transfer and/or promotion, as the case may be.

(l)       “Level” means the employment level in the Authority as prescribed in sub-rule (5) of Rule 4 of these rules;

(m)     “MoLP means Ministry of Industries & Production, Government of Pakistan;

(n)      “Ordinance” means the Small, and Medium Enterprises Development Authority Ordinance, 2002;

(o)      “Post” means a position designated for employment within a level;

(p)      “Departmental Promotion Committee” means the committee(s) constituted for making promotion for level 3 to 7 as per the Regulations issued under Section 37 of the Ordinance;

(q)      “Rules” means the Small and Medium Enterprises Development Authority (Employees Service), Rules, 2015.

(r)      “Salary” means the amount of monetary compensation, as approved by the Board from time to time for all employment levels (L-8 to L-1), of the Authority, to which an employee is entitled in lieu of his/her employment with the Authority;

(s)      “Salary Range” means the salary prescribed by the Authority for a level from time to time and approved by the SMEDA Board;

(t)      “Selection Board” means the Board constituted for making selection for appointment in level 2 within the authority.

(2)  All other words, terms and expressions used but not defined herein shall have the same meanings as are assigned to them under the Ordinance.

CHAPTER-III

4.  Appointments within the Authority.--(1) Subject to provision contained in Chapter V Sections 12, 13 and 14 of the Ordinance, appointment in the authority to level 1, shall be made by the Federal Government on the recommendation of the Board as provided in Section 7 sub-section (xxxvii) of the Ordinance.

(2)      Subject to Rule 5 and Rule 9 hereof, appointment in the authority to level 2 shall be approved by the Minister for Industries & Production on the recommendation of selection Board consisting of Secretary, MOI&P as Chairman and concerned Joint Secretary, MOI&P as well as CEO, SMEDA as members.

(3)      Subject to Rule 5 and Rule 9 hereof all appointments within the Authority to the level 3 to 8 shall be made by the Chief Executive Officer in accordance with these Rules.

(4)      Appointments within the Authority shall only be made as per the methods of appointments prescribed in these Rules and not otherwise.

(5)      The Authority shall consist of following employment levels within which the employees shall be placed:

LEVEL

JOB TITLE (S)

1.

Chief Executive Officer.

2.

General Managers.

3.

Deputy General Managers.

4.

Managers.

5.

Assistant Managers.

6.

Management Associates, Senior Officers, Regional Business Coordinators.

7.

Technical Staff/Officers/Secretaries/Assistant/Coordinators.

8.

Semi-Technical Staff/Support Staff/Drivers (Admin Officer).

5.     Constitution of Committees for Recruitment of Employees.--There shall be constituted such committees as may be prescribed by the Board in the Regulations issued under Section 37 of the Ordinance for the purposes of making recommendations for appointments at different levels in the Authority.

6.     Creation and abolition of Posts.--(1) The Board may create or abolish any post and/or level in the interest of the Authority, subject to such conditions as the Board may impose from time to time.

Part-II

7.     Eligibility for Appointment.--(1) Subject to the provisions contained in the Ordinance and herein, a person, who is Pakistani National, shall be eligible for appointment to a post in the Authority, Provided that in case a Pakistani National is not available for appointment to any particular post, a person other than a Pakistani National may be appointed on such post on such terms and conditions and for such period as the Government may determine.

2.       To become eligible for appointment to a particular post, a candidate must possess such educational and other qualifications regarding experience, age limit and competency as may be prescribed for such post by the Board in the Regulations issued under Section 37 of the Ordinance:

Provided that keeping in view the educational qualifications exceptions can be made for suitable candidates regarding experience and age limit on a case to case basis upon recommendation of the HR or Selection Committee competent to make recommendations for appointment to a particular level.

3.       Vacancies in the Authority shall be filled on all Pakistan basis in accordance with open merit.

8.     Qualification for appointment of CEO.--(1) The Chief Executive officer shall be selected from amongst persons having knowledge and not less than 18 years post qualification relevant experience and possessing Masters/Bachelors Degree (minimum sixteen years of education) in Business Administration, Management, Marketing HR, Public Administration, Public Policy, Economics & Engineering, Finance & Accounts, Law, Social Science or Equivalent from a reputable foreign or HEC recognized institute/university.

9.     Initial Appointment.--(1) Initial appointment to posts in level 2 shall be approved by the Minister for Industries & Production on the recommendation of the Selection Board.

(2)  Initial appointments to posts in level 8 to 3 shall be made by the Chief Executive Officer on the recommendation of the relevant committee.

(3)  In case of death of an employee of level 8 during the service with the Authority, a widow/widower, one son or daughter fulfilling the prescribed criteria shall be entitled for employment with the Authority on regular basis without advertisement.

(4)      Appointment of an employee to a level may normally be made at the minimum of the salary range of that level. However, in exceptional circumstances, if qualifications and experience of a person so warrant, appointment may be made at such higher stage in the salary range as may be deemed fit by the Appointing Authority on the recommendation of HR or Selection committee to make recommendations for appointment to a particular level.

(5)      Provided further that the respective promotion committee as prescribed in Regulations under Section 37 of the Ordinance shall, for level 7 to 3 decide with reasons to be recorded in writing that internally a suitable candidate is not available for a particular position at a particular level and recommend that direct initial recruitment on such level/position may be made as per the applicable procedure.

Part-III

10.   Appointment/posting by transfer.--An employee may be appointed/posted on a particular post in the Authority through transfer from one department or region to another, in consequence of his/her transfer to such post:

Provided that where an employee is required to serve in a post outside his department or level or hometown his terms and conditions of service, as to his pay shall not be less favourable than those to which he/she would have been entitled if he/she had not been so required to serve.

Part-IV

11. Appointment on short term basis.--(1) Appointments may be made in the Authority on short term basis to fill in the vacant regular or created post. Provided that no appointment shall be made pursuant to this Rule for a period exceeding eleven months at one time and not exceeding twenty two months.

(2)  All short term appointments shall be made and regulated in accordance with the mode and manner prescribed by the Appointing Authority from time to time.

Part-V

12.   Appointment to be on probation.--(1) Person appointed by initial appointment not being on a short term appointment shall be on probation for a period of one year.

(2)  The period of probation may be extended by the appointing authority for another period not exceeding one year in the case of initial appointment.

13.   Termination of probation period.--On successful completion of the probation period, an employee will be considered a regular employee within the scope of his terms and conditions of employment unless otherwise informed by the Authority at the completion of his/her probation period.

14.   Discharge from Service upon unsatisfactory performance during probation.--Where, in the opinion of the Chief Executive Officer or the appointing authority, as the case may be, the conduct or performance of an employee during the original or extended period of probation has not been satisfactory, such employee may be discharged from his/her service by the Appointing Authority without any prior notice, assigning, any reason and/or bearing any liability/obligation in this regard.

Part-VI

15.   Appointment by promotion.--(1) An employee possessing such qualifications as prescribed herein and fulfilling other conditions, as are laid down by the Board from time to time in the Regulations, issued under Section 37 of the Ordinance shall be eligible for appointment through promotion to a higher level.

16.   Eligibility for Promotion.--(1) Subject to such conditions as may be prescribed in the Regulations issued under Section 37 of the Ordinance, promotions shall be given to employees, while taking into account following prerequisites/eligibility criteria. Fulfillment of these criteria, however, will not render promotion to be a vested right of any employee:

I.       Completion of minimum length of qualifying service required for promotion to next level.

II.      Fulfillment of minimum requirement of educational qualification prescribed for a certain position/level.

III.     Seniority within a level (total time since latest promotion/appointment).

IV.     Total employment period with Authority before latest promotion/appointment.

V.      Average marks obtained in all Personal Appraisals since latest promotion/appointment.

VI.     Professionalism, General conduct, Integrity.

VII.    Promotion shall be considered for eligible employees serving at the time of promotion. In case, an eligible employee is on leave without pay or on deputation at the time of promotion, he/she shall not be considered for promotion during his/her leave/deputation period.

17.  Procedure for Promotion.--(1) Departmental Promotion Committee(s) as may be constituted by the board in the Regulations, issued under Section 37 of the Ordinance shall consider, evaluate and recommend promotions of employees.

(2)  While considering promotions, the Promotion Committee shall follow such procedure and take into consideration such prerequisites/ eligibility criteria as may be prescribed in this regard by the Board in Regulations issued under section, 37 of the Ordinance from time to time. Fulfillment of such criteria, however, will not render promotion to be a vested right of any employee.

Part-VII

18.   Classification of Employees.--For the purpose of these Rules employees are classified into following categories:--

I.       Regular.

II.      Short term.

          I.        Regular:--Regular employee is an employee who shall be employed on regular basis and has satisfactorily completed the probationary period.

          II.      Short term:--Short term employee is an employee who shall be engaged for short term contract which is of a temporary nature:

                   Provided that any benefit conferred under these Rules shall not apply to short term employees, unless, otherwise expressly specified in their terms of employment.

Part-VIII

Seniority

19.   Seniority on Initial appointment.--(1) The seniority of a regular employee, not being a short term appointment, shall be reckoned in relation to other employees belonging to the same level whether serving in the same department or not.

(2)      For proper administration of a certain level of employment, the appointing authority shall cause a seniority list to be prepared of all the regular employees. However, nothing herein contained shall be construed to confer any vested right of an employee to a particular seniority in such level.

(3)      Seniority list may be circulated among all employees, as up-dated from time to time.

20.   Seniority on promotion.--Seniority in a level to which an employee is promoted shall take effect from the date of promotion of such employee to a post in that level.

CHAPTER-IV

Salary, Allowances / Perquisites / Benefits

21.  Salary on commencement of Service.--Salary shall accrue to an employee from the day on which he reports for duty in writing at the place and time intimated to him/her.

22.   Annual Increment.--An increment, if admissible, to an employee, shall be granted by the Authority on the basis of performance appraisal Regulations, issued under Section 37 of the Ordinance.

23.   Leave.--Employees shall be entitled to such leave as may be admissible to them under the Regulation, issued under Section 37 of the Ordinance.

24.   Allowances/Perquisites/Benefits.--The employees will be entitled to such allowances, perquisites and or benefits as may be admissible to them under the Regulations, issued under Section 37 of the Ordinance.

CHAPTER-V

Resignation and Termination of Service

25.   Resignation.--(1) Subject to sub-Rule (3) and (4), an employee may resign from his/her employment by giving one month's notice in writing addressed to the appointing authority or surrender one month's pay in lieu of such notice, as the case may be:

Provided that during the notice period the employee shall continue in service, and cannot absent himself/herself from his/her duty without grant of proper leave. Any violation of this provision shall amount to misconduct for the purpose of discipline:

Provided further that the provisions of this sub-rule regarding serving a notice shall not be applicable in the case of resignation by an employee during his/her period of probation.

(2)      Notwithstanding and without prejudice to the provisions contained in sub-Rule (1) and subject to sub-Rule (3) and (4) hereof, the appointing authority may, if the employee so request, waive the notice period requirement for acceptance of resignation, on the basis of special circumstances cited by the employee to the satisfaction of the competent authority.

(3)      Acceptance of resignation of an employee shall be subject to recovery of any dues adjudged or otherwise in the opinion of the Authority to be recoverable from such employee.

(4)  If proceedings on a disciplinary action are pending
against an employee, the dues, if any, admissible to such employee, will not be paid until the disciplinary proceedings are finalized against him/her.

26.  Termination of Employment by the Authority.--(1)The Authority may, at any time, by giving one month's notice in writing addressed, to an employee terminate his/her employment or pay one month's pay in lieu of such notice, as the case may be:

Provided that during the notice period, the employee shall continue in service and cannot absent himself from his/her duty without the grant of proper leave. Any violation of this provision shall amount to misconduct for the purposes of discipline:

Provided further that the provisions of this sub-rule regarding service of notice shall not be applicable in the case of termination of an employee during his/her period of probation.

(2)  In case of the abolition of a post or reduction in the number of posts, the service of the junior most employee(s) in that level will be terminated, he/she shall be given one (1) month's pay in lieu of notice period.

CHAPTER–VI

Conduct & Discipline

27.   Employees to abide by the Rules & Regulations.--Every employee shall abide by Rules and Regulations of the Authority and obey the orders issued by the competent authority including the authority under whose jurisdiction and supervision he is placed.

28.   Employees to inform if involved or convicted in an offence.--If any employee is involved or is convicted by a Court of law in an offence involving moral turpitude, he/she shall forthwith bring the fact of such involvement or conviction, as the case may be, to the notice of the Chief Executive Officer of the Authority.

29.   Unauthorized communication of official documents of information.--No employee shall communicate directly or indirectly any official document or information to an employee not authorized to receive it, or a non-official person, or to the press, or to any unauthorized person or organization except in accordance with an express order or permission.

30.   Employees not entitled to rights of privacy with respect to anything stored on the Authority's Information and data storage and retrieval system, etc.--An employee shall not be entitled to any right of privacy with respect to any Information, data statistic, message, whether private or official, stored on the Authority's Information and data storage and retrieval systems and technology resources.

31.  Competent Authority.--For the purposes of maintaining discipline and conducting disciplinary action proceedings on behalf of the Authority; the following officers are referred to as Competent Authority.

1.

For CEO

Federal Government

2.

For GM

Secretary, MOIP

3.

For DGM

Chief Executive Officer

4.

For Manager

Chief Executive Officer

5.

For Assistant Manager

Chief Executive Officer

6.

For Management Associates, Senior Officers, Regional Business Coordinators

Chief Executive Officer

7.

For other employees

Chief Executive Officer

32.   Misconduct.--For the purposes of this Rule misconduct includes the following:

(i)       Any conduct that is prejudicial to good order or service discipline or is unbecoming of an officer or gentleman;

(ii)      Involvement or participation for gains either directly or indirectly in industry, trade or speculative transactions without permission of the Authority;

(iii)     Abuse or misuse of the official position to gain undue advantage;

(iv)     Assumption of financial or any other obligations to private institutions or persons that may cause embarrassment in the performance of official duties and functions.

(v)      Absence from duty without proper authorization of the Authority.

33.   Inquiry.--(1) The Competent Authority may appoint an inquiry officer or constitute an inquiry committee to scrutinize the conduct of an employee who is guilty of misconduct or is alleged to have committed any of the acts or omissions constituting the misconduct.

(2)  Provided that the competent authority may, if the circumstances so require and for reasons to be recorded in writing, dispense with the conduct of inquiry and proceed with the adjudication of matter on the basis of a show-cause notice and after providing personal hearing to an employee and pass such orders as deemed appropriate including imposition of penalty (ies) under Rules 36 & 37 as the case may be.

34.   Powers of the Inquiry Officer or Committee.--For the purposes of holding an inquiry under these Rules, the inquiry officer or Committee, as the case may be, shall exercise following powers:

(a)      Summon and enforce attendance of any person and examine him on oath;

(b)      Ask for the production and discovery of a documents;

(c)      Receive evidence on affidavits;

(d)      Record evidence.

35.   Procedure to be followed by the Inquiry Officer/Committee.--(1) The inquiry Officer/Committee will be independent in regulating its own procedure, including fixing of time and place of its sitting and deciding whether to sit in public or private and in the case of the Committee to act notwithstanding the temporary absence of any of its members.

(2)      On scrutinizing the conduct of an employee no finding shall be recorded by the inquiry Officer or the Committee, as the case may be, unless such employee has been provided a reasonable opportunity of hearing:

Provided that the opportunity of hearing may not be given where the committee is satisfied that such circumstances exist that it is not expedient to provide such an opportunity in the interest of the security of Pakistan or a part thereof.

(3)      The inquiry Officer/Committee shall complete the inquiry, record its findings and make recommendations to the Competent Authority, ordinarily within 30 days of the reference made by the Competent Authority for holding the inquiry.

36.   Imposition of Penalties.--Where in the opinion of the Competent Authority an employee is;

(a)      Guilty of misconduct; or

(b)      Inefficient, or has ceased to be efficient for any reason; or

(c)      Engaged, or is reasonably believed to be engaged in subversive activities and his retention in service is prejudicial to national security; or

(d)      Guilty of disclosure of official secrets to an unauthorized person; or

(e)      Corrupt, or may be reasonably considered corrupt;

The Competent Authority, after holding inquiry into the allegation(s) against such employee, may, by an order in writing, take any or more of the following major penal actions against such employee:

(i)       Demotion.

(ii)      Termination from Service.

Provided that no employee shall be demoted from a level lower than the level of his initial appointment.

Provided further that no action against an employee shall be taken under this Rule, unless such employee has been given an opportunity of hearing by the Competent Authority:

Provided further that imposition of any one of the above mentioned penalties against an employee shall not absolve such employee from liability to any punishment to which he/she may be liable for an offence committed by him under any other law while he/she is in employment of the Authority.

37.   Minor Penalties.--Notwithstanding and without prejudice to the above, Competent Authority may also impose one or more of the following minor penalties against an employee:

(i)       Censure.

(ii)      Withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement.

(iii)     Recovery from pay of the whole or any part of any pecuniary loss caused to the Authority or the Government by negligence or breach of orders.

CHAPTER - VII

Right of Appeal and Review

38.   Review of orders.--(1) An employee aggrieved by a decision given or an order passed by the Competent Authority imposing upon him/her a penalty may apply to such Competent Authority for review of the decision given or order passed against him/her within fifteen (15) days of passing of such decision or order:

Provided that the Competent Authority may entertain a review application after fifteen days where a sufficient reason has been given by the applicant for not making the said application within the prescribed time.

(2)  The Competent Authority shall either accept or reject the review application ordinarily within fifteen days of the filing or such application.

39.   Appeal against orders.--(1) An employee (level 2 to 8) aggrieved by a decision given or order passed by the Competent Authority under Rule 38 shall be entitled to appeal to the Appellate Authority within a period of thirty (30) days from the date of communication of the order to such employee.

(2)      An employee (level 2 to 8) aggrieved by a decision given or order passed by the Appellate Authority shall be entitled to file second appeal to the Board within a period of thirty (30) days from the date of communication of the order to such employee.

(3)      An employee aggrieved by a decision given or order passed in an appeal by Chief Executive Officer pursuant to sub-Rule (1) may file second appeal to Secretary MOIP within thirty (30) days of the communication of the order passed in appeal:

Provided that the Appellate Authority may entertain an appeal after thirty days where a sufficient reason has been given by the appellant for not making the said appeal within the prescribed time.

40.   Employee to make separate appeal.--(1) Every employee preferring an appeal shall do so separately and in his own name.

(2)  No appeal shall lie for any joint or collective grievance under these Rules.

41.   Procedure for appeal.--(1) Every appeal shall be preferred in the form of a memorandum in writing signed by the employee making it and shall set froth concisely the grounds of objection to the decision appealed against and shall not contain disrespectful or improper language.

(2)      Every appeal shall be accompanied by a copy of the decision or order on which it is founded and any other document or evidence to which the appellant rely in his/her favor.

(3)      Every appeal shall be submitted through the HR department within the period prescribed for filing the appeal.

(4)      The HR department may obtain comments, if any, from the authority who has passed the order and forward the same along with the appeal within seven (07) days from the date of receipt of appeal to the Chief Executive Officer or the other Appellate Authority, as the case may be.

(5)      When considering the appeal, the Appellate Authority, shall ordinarily within thirty (30) days of the filing of appeal, confirm, set aside, or modify the decision or order appealed against and the aggrieved employee shall be informed in writing of the reasons for passing such an order:

Provided that no order in appeal shall be passed against the appellant unless a reasonable opportunity of hearing is provided to him/her.

42.   Rejection of appeal.--An appeal may be rejected by the Appellate Authority for, inter alia, the following reasons:--

(i)       It is an appeal in a case in which no appeal lies under these Rules; or

(ii)      It does not comply with provisions of Rule 41;

(iii)     It is not preferred within the time specified in Rule 39 and no reasonable or plausible cause is shown for the delay; or

(iv)     It is addressed to an authority to which no appeal lies under these Rules; or

(v)      It is repetition of a previous appeal which has already been decided, and no new facts, circumstances or reasons have been adduced which afford grounds for a reconsideration of the case:

          Provided that in every case in which an appeal is rejected, the aggrieved employee shall be informed of the fact and the reasons for it within thirty (30) days of it being so rejected.

43.   Duty to give effect to any order made in appeal.--(1) The Competent Authority against whose order an appeal is preferred under these Rules, shall give effect to any decision made or order passed in appeal by the Appellate Authority, in due course or where time has been specified in such decision or order for given effect thereto, within such time.

(2)  Where an appeal in respect of any matter arising out of a decision to impose a penalty is preferred under Rule 39, the Appellate Authority may by an order in writing prohibit continuance of any action, investigation or inquiry in pursuance of such an order against which an appeal has been preferred until the final disposal of appeal.

CHAPTER-VIII

44.   Posting on Deputation.--Every employee of the Authority shall be liable to serve in any post, department, office, project outside Authority, any Government organization, inter governmental organization/agency or International organizations/ agencies on deputation.

45.   Training.--In accordance with the Regulations issued under Section 37 and the instructions issued by the competent authority, an employee may be trained or asked to train others within the organization or in any other organization, in order to either gain or deliver expertise in his/her respective field.

46.   Overtime.--(1) Notwithstanding any thing contained in these Rules and subject to the Regulations prescribed by the Board in this behalf, an employee may be required to perform overtime duty if and when the exigency of work so demands.

(2)      The employees performing the overtime shall be entitled to remuneration at the rate prescribe by the Authority in the Regulations issued under Section 37 of the Ordinance.

(3)      Refusal to perform overtime work, if asked for, shall tantamount to misconduct warranting punishment in accordance with these Rules of the Authority.

47.   Discharge of medical grounds.--An employee may be discharged from the service of Authority for his mental or physical incapability or continued ill-health for which he/she would be required to appear before a Medical Board to be constituted by the Authority.

Provided that a regular employee so discharged as specified above will be entitled to receive one month's extra pay at the time of his/her discharge besides other benefits to which he/she may be entitled to receive under the provisions of these Rules.

48.   Deduction from Salary.--(1) The Authority may recover from any employee by deduction from his salary or from any other sums that may be due to him, for any loss or damage sustained by the Authority by reasons of negligence or misconduct of such employee, or for adjustment of any dues outstanding against an officer or employee.

(2)  For the purpose of the recovery under sub-rule (1) above, the decision of the Competent Authority in respect of the monetary valuation of the loss or damage or of the outstanding dues shall be final and binding on the employee concerned.

49. Delegation of Powers, Duties and Responsibilities.--The Chief Executive Officer of the Authority may, by a general or special order in writing, direct that any of the powers vesting in him under these rules shall in such circumstances and subject to such conditions as may be specified in the order, be exercised by an employee (s) of the Authority specified in the order.

50.   Interpretation of Rules.--The Authority shall be competent to interpret the meaning and sprit of these rules. In case of confusion or a need for clarification, a reference shall be made to the Federal Government whose opinion shall be final.

51.   Employees to be Governed by these Rules and subsidiary orders/Regulations.--(1) The terms and conditions
of service of an employee shall be governed by the provisions
contained in the Ordinance, these Rules, and/or in such subsidiary orders or Regulations, under Section 37 of the Ordinance, from time to time.

(2)  Any regulations, or instructions in respect of any terms and conditions of service duly made by, or issued with the approval of the Authority and immediately in force before the commencement of these rules, shall, in so for as such Regulations and instructions are not inconsistent with the provisions of these rules, be deemed to be instructions and regulations issued with the approval of the Authority in terms of sub-rule (1) above.

52.   Ratification.--Any rule, order or instructions made or issued by the Authority and enforced before the commencement of these rules, shall, in so far as they are not inconsistent with the provisions of these rules be deemed to have been made under these Rules.

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