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GOVERNMENT OF SINDH SERVICES AND GENERAL ADMINISTRATION DEPARTMENT NOTIFICATION The 1st September 1966 THE SINDH GOVERNMENT SERVANTS (CONDUCT) RULES, 1966 1. Short title and commencement. --- (1) These rules may be called the Sindh Government Servants (Conduct) Rules, 1996. (2) They shall come into force at once. 2. Extent of application.--- These rule apply to all persons, whether on duty or on leave, within or without Sindh, serving in connection with the affairs of the Province of Sindh, including the employees of the Provincial Government, deputed to serve with a Statutory Corporation or with a non-Government employer, but excluding--- (a) members of an All-Pakistan Service serving in connection with the affairs of the Province; (b) holders of such posts in connection with the affairs of the Province of Sindh, as the Provincial Government may, by notification in the official Gazette, specify in this behalf. 3. Definition. --- (1) In these rules, unless there is anything repugnant in the subject or context: -- (a) “Government” means the Government of Sindh; (b) “Government servant” means a person to whom these rules apply; (c) “Member of a Government servant’s family” includes--- (i) his wife, children and step children, parents, sisters and minor brothers, residing with and wholly dependent upon the Government servants; and (ii) any other relative of the Government servant or his wife when residing with and wholly dependent upon him;

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Page 1: GOVERNMENT OF SINDH SERVICES AND GENERAL … RULE.pdf · GOVERNMENT OF SINDH SERVICES AND GENERAL ADMINISTRATION DEPARTMENT NOTIFICATION The 1st September 1966 THE SINDH GOVERNMENT

GOVERNMENT OF SINDH SERVICES AND GENERAL ADMINISTRATION DEPARTMENT

NOTIFICATION

The 1st September 1966

THE SINDH GOVERNMENT SERVANTS (CONDUCT) RULES, 1966

1. Short title and commencement. --- (1) These rules may be called the Sindh Government Servants (Conduct) Rules, 1996. (2) They shall come into force at once. 2. Extent of application.--- These rule apply to all persons, whether on duty or on leave, within or without Sindh, serving in connection with the affairs of the Province of Sindh, including the employees of the Provincial Government, deputed to serve with a Statutory Corporation or with a non-Government employer, but excluding--- (a) members of an All-Pakistan Service serving in connection with the affairs of the Province; (b) holders of such posts in connection with the affairs of the Province of Sindh, as the Provincial Government may, by notification in the official Gazette, specify in this behalf. 3. Definition. --- (1) In these rules, unless there is anything repugnant in the subject or context: -- (a) “Government” means the Government of Sindh; (b) “Government servant” means a person to whom these rules apply; (c) “Member of a Government servant’s family” includes--- (i) his wife, children and step children, parents, sisters and minor brothers, residing with and wholly dependent upon the Government servants; and (ii) any other relative of the Government servant or his wife when residing with and wholly dependent upon him;

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2 but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him or of whose custody the Government servant has been deprived by law. (d) “Province” means the Province of Sindh. (2) Reference to a wife in clause (c) of sub-rule (1) shall be construed as reference to the husband where the Government servant is a woman. 4. Repeal of previous Conduct Rules. --- The following rules in so far as they applied to the persons to whom these rules apply are hereby repealed but such repeal shall not affect anything done or suffered under these rules: --

(i) The Government Servants Conduct Rules, issued by the late N.W.F.P. Government;

(ii) The Government Servants Conduct Rules, 1950, issued by the late Punjab Government;

(iii) The Bahawalpur State Servants Conduct Rules;

(iv) The Sindh Civil Services Conduct, Discipline and Appeal Rules in so far as they concern the Conduct of Government Servants.

5. Gifts (1) Save as otherwise provided in this rule, no Government Servant shall, except with the previous sanction of Government accept, or permit any member of his family to accept, from any person any gift the receipt of which will place him under any form of official obligation to the donar. If the offer of a gift cannot be refused without giving un-due offence, it may be accepted and delivered to Government for decision as to its disposal.

(2) If any question arises whether receipt of a gift places a Government servant under any form of official obligation to the donor, the decision of Government thereon shall be final.

(3) If any gift is offered by the head of representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If, however, he cannot do so he shall accept the gift and shall report its receipt to Government for orders as to its disposal.

(4) A Government Servant may accept gifts offered abroad or within Pakistan by institutions or official dignitaries of Foreign Government of comparable or higher level; provided that the value of such gift in each case does not exceed rupees one thousand.

2.Substitute for “West Pakistan” vide State Notification No. SOFF-Regs(S&GAD)2/E-2-73 dt. 24-2-1981, SGG, Rt. IV-A. 1991 (P-12).

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(5) A Govt. Servant desirous of retaining gift value of which exceeds rupees one thousand may retain it on payment of difference, after evaluation of the gift by a Committee headed by the Chief Secretary provided that the gift shall first be offered for sale to the person who received it from the foreign dignitary.

6. Acceptance of foreign awards:--- No Govt. Servant shall except with the approval of the Governor of Sindh, accept a foreign award, title or decoration.

Explanation.-- For the purposes of this rule, the expression “approval of the Governor means prior approval in ordinary cases and ex-post facto approval in special cases where sufficient time is not available for obtaining prior approval.

6-A. Civil Servant not to become Member of a Foreign Cultural Association: -- No Govt. Servant shall without the prior Permission of Govt. in writing become a member or office bearer of any foreign cultural association.

Explanation.--- For the purpose of this rule, “Foreign Cultural Association” means all Association, by whatever name called having as its object the promotion of cultural and friendly relations between Pakistan and a foreign country and includes a branch of such association.]

7. Public demonstration in honour of Government servants. --- No Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to praise him.

8. Gift to medical officers: --- Subject to the departmental rules in this behalf, a medical officer may accept any gift of moderate value offered in good faith by any person or body of persons in recognition of his professional services.

9. Subscriptions. --- No Government servant shall, except with the previous sanction of Government, ask for or accept or in any way participate in the raising of any subscription or other pecuniary assistance in pursuance of any object whatsoever.

________________________________________________________________________

1. Sub. Rule 4, 5 in Rule 5 added under Notification No. SO(IX) Reg. (S&GAD)2/E/2-73 dated 26th September, 1974.

3. No. Rule 6-A inserted vide S&GAD Notification No. SOIX-R(S&GAD)2/E-2-73 dt.10-5-1977 SGG Pt. IV-A. 1977 iP 47)

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10. Lending and borrowing. ---- (1) No Government servant shall lend money to, or borrow money from, or place himself under any pecuniary obligation to, any person within the local limits of his authority or any person with whom he has any official dealings :

Provided that a Government servant may ---

(i) deal in the ordinary course of business with a Joint-Stock Company, bank or a firm of standing or the House Building Finance Corporation;

(ii) accept a purely temporary loan of small amount, free of interest, from a personal friend or the operation of a credit account with a bonafide tradesman.

(2) When a Government servant is appointed or transferred to a post of such a nature that a person from whom he has borrowed money or to whom he has otherwise placed himself under a pecuniary obligation will be subject to his official authority, or will reside, posses immovable property, or carry on business within the local limits of such authority, the Government servant shall forthwith declare the circumstances, when he is a Gazetted Officer, to Government through the usual channel, and where he is a non-gazetted Government servant, to the head of his office.

(3) This rule in so far as it may be construed to relate to loans given to or taken from Co-operative Societies registered under the Co-operative Societies Act, 1925 (Sindh Act VII of 1925), or under any law for the time being in force relating to the registration of co-operative Societies, by the Government servants shall be subject to any general or special restrictions or relaxations made or permitted by Government.

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11. Buying and selling of movable and immovable property: ---

2[(1)] A Government servant, who intends to purchase, sale or dispose by other means any movable or immovable property exceeding twenty-five thousand rupees in value, shall do so obtaining permission of: --

(a) Government, in case such Government Servant is the Secretary to Government or Head of Department; and

(b) The Head of Department or the Secretary to Government, in case such Government Servant is in BS-17 and above not covered under clause (a).

(c) The Regional Head or Head of Office as the case may be in BS-18, in case such a Government Servant is in any scale below BS-17 working under him.”

(2) An application for permission under sub-rule (1) shall state fully the circumstances, the price offered or demanded and, in the case of disposal otherwise than by sale, the method of disposal,

(3) All transactions relating to purchase, sale or disposal of property referred to in sub-rule (1) with a person who is an official sub-ordinate of the Government Servant shall be reported to the next higher authority.

4[Explanation.--- In this rule, the term “property” includes agricultural or urban land, bounds, shares and securities but does not includes : (1) a plot purchased for building a house from a co-operative housing society or a Government housing scheme; and (11) bonds, shares as certificates purchased for the purpose of claiming income tax rebate as such bonds, shares or certificates sold after specified period.”

________________________________________________________________________

1. Substituted by Government of Sindh Services and General Administration Department under their notification No. SOIX-REG(S&GAD)2/E/2-73 dated 21st April, 1975. For Original Rule 11.

2. Subs. vide Notification No. IXReg(S&GAD)2/E/2-73 dated 29th June, 1951.

3. Rs. 25,000/- Substituted for Rs. 5000/- vide Notification No. SIOIX Reg.(S&GAD)2/E/2-73 12C sub R(1) of R-II.

4. Subs. vide No. IX-Reg.(S&GAD)21/E/2-73 dated 21st March, 1984.

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4[11-A. Construction of building, etc.---- No Government servant shall construct a building, whether intended to be used for residential or commercial purposes, except with the previous sanction of Government obtained upon an application made in this behalf disclosing the source from which the cost of such construction shall be met.

12. Declaration of property.---- (1) Every Government servant shall, at the time of entering Government service, make a declaration to Government, through the usual channel, of all immovable properties including shares, certificates, securities, insurance policies, cash jewellery having a total value of Rs.50,000 (Fifty thousand rupees) or more belonging to or held by him or by a member of his family individually or collectively and such declaration shall----

(a) state the district within which the property is situated.

(b) show separately individual items of jewellery exceeding Rs.50,000 (Fifty thousand rupees) in value; and

(c) give such further information as Government may, by general or and such declaration shall ----

(2) Every Government servant shall submit to Government, through usual channel, an annual return of assets in the month of December showing any increase or decrease of property as shown in the declaration under sub-rule (1) or, as the case may be, the last annual return.

13. Disclosure of assets, immovable, movable and liquid.--- A Government servant shall, as and when he is so required by Government by a general or special order, furnish information as to his assets disclosing liquid assets and all other properties, immovable and movable, including shares, certificates, insurance policies, cash, jewellery.”

14. Speculation and investment---- (1) No Government servant shall speculate in investments. For the purpose of this sub-rule, the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments.

(2) No Government servant shall make, or permit any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties.

(3) No Government servant shall make any investment the value of which is likely to be affected by some event of which information is available to him as a Government servant and is not equally available to the general public.

________________________________________________________________________

1. Rule 11-A was inserted and rule 12 and 13 were substituted by Government of West Pakistan Services and General Administration Department Notification No. (R)3110 1 1168-S.O.XIII dated the 14th February 1969.

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2. Substituted vide Notification No. SO IX-Reg (S&GAD)2/E/2-73 dated 22nd September 1985.

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(4) If any question arises whether a security or an investment is of the nature referred to in any of the foregoing sub-rules, the decision of Government thereon shall be final.

15. Promotion and management of companies, etc.--- No Government servant shall, except with the previous sanction of Government, take part in the promotion, registration or management of any bank or company;

Provided that a Government servant may, subject to the provisions of any general or special order of Government, takes part in the promotion, registration or management of a Co-operative Society registered under the Co-operative Societies Act, 1925 (Sindh Act, VII of 1925), or under any similar law.

16. Private trade, employment or work.--- (1) No Government servant shall, except with the previous sanction of Government, engage in any trade or undertake, any employment or work, other than his official duties;

Provided that he may, without such sanction, undertake honorary work of a religious, social or charitable nature or occasional work of a literary or artistic character, subject to the condition that his official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his position or obligation as a Government servant; but he shall not undertake or shall discontinue such work if so directed by Government. A Government servant who has any doubt about the propriety of undertaking any particular work should refer the matter for the orders of Government:

[Provided further that a non-Gazetted Government servant may, without such sanction, undertake as small enterprise which absorbs family labour and where he does so shall file details of the enterprise alongwith the declaration assets.

(2) Notwithstanding anything contained in sub-rule (1), no Government servant shall associate himself with any private trust, foundation or similar other institution which is not sponsored by Government.

(3) This rule does not apply to sports activities and memberships of recreation Clubs.

16-A. Subletting of residential accommodation allotted by Government---- No Government servant shall, except with the prior permission of the Head of the Department sublet residential accommodation or any portion thereof let him by Government.

________________________________________________________________________

1. Proviso to rule 16 rules 16-A and 16-B were inserted by Government of West Pakistan Notification 1,0, S (B) 3110-1-19/68 S.O. III dated 24th February 1969.

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16-B. Government servant not to live beyond his means, etc. No Government servant shall live beyond his means or indulge in ostentation on occasions of marriage or other ceremonies].

17. Insolvency and habitual indebtedness. ---- (1) A Government servant shall avoid habitual indebtedness. If a Government servant is adjudged or declared insolvent or if the whole of that portion of his salary which is liable to attachment is frequently attached for debt has been continuously so attached for a period of two years, or is attached for a sum which, in ordinary circumstances, he cannot repay within a period of two years, he shall be presumed to have contravened this rule unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had to control and has not proceeded from extravagant or dissipated habits.

(2) Government servant who applies to be or is adjudged or declared insolvent shall forthwith report his insolvency to the Head of the office or Department or to the Secretary of the Administrative Department, as he case may be in which he is employed.

18. Unauthorized communication of official documents or information. --- No Government servant shall, except in accordance with any special or general order of Government, communicate directly or indirectly any official information or the contents of any official document to a Government servant not authorized to receive it, or to a non-official person, or to the press.

19. Approach to Members of the Assemblies etc.---- No Government servant shall, directly or indirectly approach any Member of the National Assembly or a Provincial Assembly to any other non-official person to intervene on his behalf in any matter.

20. Management etc., of Newspaper or Periodicals.--- No Government servant shall except with the previous sanction of Government, own wholly or in part, or conduct or participate in the editing or management of, any newspaper or other periodical publication.

21. [Radio Broadcast, Television Programme and Communication to the press. --- No Government servant shall except with the previous sanction of Government or any other authority empowered by it in this behalf, or in the bonafide discharge of his duties, participate in a radio broadcast or television programme, or contribute any article or write any letter either anonymously or in his own name or in any other name, to any newspaper or periodical:

Provided that such sanction shall generally be granted if such broadcast, television programme, contribution or letter is not, or may not be considered likely to jeopardize the

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integrity of the Government servant, the security of Pakistan or friendly relations with foreign States, or to offered public order, decency or morality or to amount to contempt of court, defamation or incitement to an offense:

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Provided further that no such sanction shall be required if such broadcast, television programme, contribution or letter is of a purely literary, artistic or scientific character or, in respect of a member of the teaching profession, relates to his specialized discipline].

[22. (1) Publication of information, public speeches and television programmes capable of embarrassing Government.---- No Government servant shall, in any document published, or in any public utterance or radio broadcast delivered, or any television programme attended by him, make any statement of fact or opinion or act in a manner which is capable of embarrassing the Central or any Provincial Government.

(2) Technical staff (both Gazetted and Non-Gazetted) may publish research papers on technical subjects, if such papers do not express views on political issues or an Government Policy and do not include any information of a classified nature.

Members of the teaching profession (Gazetted and Non-Gazetted) may publish such articles, papers, letters, books and research material on the subjects related to their specialized discipline as do not offered against the provisions of these rules.]

23. Evidence before Committee.----

(1) No Government servant shall give evidence before a public committee except with the previous sanction of Government.

(2) No Government servant giving such evidence shall criticize the policy or decisions of the Central or any Provincial Government.

(3) This rule shall not apply to evidence given before statutory committees which have power to compel attendance and the giving of answers nor to evidence given in judicial inquiries.

24. Taking part in politics and elections----

(1) No Government servant shall take part in, subscribe in aid of or assist in any way, any political movement in Pakistan or relating to the affairs of Pakistan.

________________________________________________________________________

1. Rule 21 substituted by Sindh Government Notification No. S.O.I (S&GAD) 24/73/71 dated 20th July 1971.

2. Rule 22 substituted by Notification No. S.O.IX-Reg(S&GAD)24/73/71 dated 20th June 1971.

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(2) No Government servant shall permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or indirectly to be, subversive of Government as by law established in Pakistan.

(3) No Government servant shall canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere:

Provided that a Government servant who is qualified to vote at such election may exercise his right to vote; but if he does so, he shall give no indication of the manner in which he proposes to vote or has voted.

[(4) No Government servant shall allow any member of his family dependent on him to indulge in any political activity, including the forming of a political association or being a member of any such association or to act in the manner in which the Government servant himself is prohibited to act under sub-rule (3).]

(5) A Government servant who issues an address to electors or in any other manner publicly announces himself or allows himself to be publicly announced as candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-rule (3) to have taken part in an election to such body.

(6) The provisions of sub-rules (3) and (5) shall, so far as may, be apply to elections to local authorities or bodies, save in respect of Government servants required or permitted by or under any law or order of Government, for the time being in force, to be candidates at such elections.

(7) If any question arises whether any movement or activity falls within the scope of this rule, the decision of Government thereon shall be final.

25. Propagation of Sectarian creeds, etc.--- No Government servant shall propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partially and favoritism as are likely to affect his integrity in the discharge of his duties or to embarrass the administration or create feelings of discontent or displeasure amongst the Government servants in particular and amongst the people in general.

________________________________________________________________________

1. Sub. R-(4) added vide Notification No. S.O. IX.Reg. (S&GAD)2/E/2-71 dated 10th December, 1976.

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11 25-A. Government Servant not to express views against ideology of Pakistan: No Government Servant shall express views detrimental to the ideology or integrity of Pakistan. 25-B. Prohibition to take part or assist certain public demonstration: -- No Government Servant shall take part in, or any manner assist any public demonstration directed against a Government decision or policy or permit any member of his family dependent on him to do so. 26. Nepotism, favoritism and victimization, etc.--- No Government servant shall indulge in provincialism parochialism, nepotism, favoritism, victimization, or willful abuse of office. 27. Vindication by Government servants of their public acts or character--- (1) A Government servant may not, without the previous sanction of Government, have recourse to any Court or to the press for the vindication of his public acts or character from defamatory attacks. When Government grants sanction to a Government servant to have recourse to a Court, Government will ordinarily bear the cost of the proceedings, but may leave the Government servant to institute them at his own expense. In the later case, if he obtains a decision in his favour, Government may reimburse him to the extent of the whole or any part of the cost. (2) Nothing in this rule limits or otherwise affects the right of a Government servant to vindicate his private acts or character. ________________________________________________________________________ 1. Sub. Rule 25-A added vide Notification No. S.O.IX-Reg (S&GAD)2/E/2-73 dated 24th February, 1984. 2. Sub. 25-B inserted vide Notification No. SO. IX Reg (S&GAD)2/E/2-73 dated 14th April, 1985.

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12 28. Membership of Service Associations : (1) No government servant shall be a member, representative or office bearer of any association representing or purporting to represent government servants or any class of government servants, unless such association satisfies the following condition, namely: --- (a) Membership of the association shall be confined to the government servants serving in one and the same “functional unit” and if there is no such functional unit, it shall be formed by the government servants borne on and serving in a specific single cadre; and (b) Office bearers of the association shall be elected from amongst the members of the association. (c) The association shall neither affiliate nor associate itself with any other body or a association belonging to any other cadre. (d) The association shall not in any way, be associated with, contribute to or seek support from any political party or organization or engage in any political activity. (e) The association shall confirm its activities to matters of general interests of the government servants whom it represents and shall not involve itself in individual cases of its members, and the office bearers and members of the association shall not participate in the activities of the association at the cost of their official duties. (f) The association shall not engage in any activity or pursue a course of action which its members are individually prohibited to engage in or pursue under these rules or any instructions issued by Government or any law or rules concerning conduct of the government servants and service discipline. (g) The association shall not, in any way support or assist any candidate in an election to a legislative body, or to a local authority or body, whether in

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Pakistan or elsewhere nor shall it pay or contribute towards any expenses incurred in connection with such election. (h) The association shall not: -- (i) issue or maintain any periodical publication except in accordance with any general or special order of Government; and

13 (ii) Publish any representation on behalf of its members, whether in the press or otherwise except with the previous sanction of government. (i) The association shall submit annual statement of its accounts and lists of its members and office bearers to the appointing authority referred to in sub- rule (3) before 1st September every year. (j) The association may with the previous approval of the appointing authority frame its byelaws, which may be amended in the same way or the direction of the appointing authority. (2) The association shall not represent or purport to represent Government servants unless it is recognized by the competent authority. (3) The appointing authority in respect of a cadre shall be the authority competent to recognize the association of that cadre; provided that where the cadre consists of higher and lower grades, the authority competent to recognize the association shall be the appointing authority in respect of the highest post in the cadre. (4) An association shall submit its representations to the concerned appointing authority and decisions on such representations shall be communicated to the association by the appointing authority. (5) A government servant who deals with the establishment matters pertaining to an association and is also a member of such association shall not become office-bearer of such association nor shall he take part in any activity of the association. (6) The appointing authority may at any time and on the direction of government shall withdraw recognition of an association if in its opinion such association does not satisfy or has violated any of the aforesaid conditions and the order passed by the Government in this behalf shall be final. 29. Use of Political or other influence---- No Government servant shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on Government or any Government servant in support of any claim arising in connection with his employment as such. 30. Approaching Foreign Missions and Aid-Giving Agencies---- No Government servant shall approach, directly or indirectly, a foreign Mission in Pakistan or any foreign

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aid-giving agency in Pakistan or abroad to secure for himself invitations to visit a foreign country or to elicit offers of training facilities abroad. 31. Delegation of Powers.---- Government may, by general or special order delegate to any officer or authority subordinate to all or any of its powers under these rules and may, by such order, prescribe the channel through which reports shall be made to Government and the officers receipt by whom of such reports shall be regarded as receipts of the reports by Government within the meaning of these rules. 32. Rules not to be in derogation of any law, etc.---- Nothing in these rules shall derogate from the provisions of any law, or of any order or any competent authority, for the time being in force, relating to the conduct of Government servants.

ADMINISTRATIVE INSTRUCTION ON

CONDUCT RULES

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INDULGENCE OF GOVERNMENT SERVANTS POLITICS/SUBVERSIVE ACTIVITIES

Instructions have been issued from time to time bringing to the notice of the Government Servants, rules under which their participation and the activities of political organization is prohibited. In the context of the present situation (it is necessary to bring the provisions of the relevant law/rules to the notice of all Government Servants for their guidance. 2. Action against the defaulting Government Servants can be taken under the following law/rules :--- (i) The Pakistan Essential Services (Maintenance) Act, 1952. (ii) The Government Servants (Conduct) Rules, 1964. (iii) The Government Servants (Efficiency and Discipline) Rules. (i) Pakistan Essential Services (Maintenance) Act, 1952 :--- If a Government Servant, whose employment has been declared essential under Rule 3 of Pakistan Essential Services (Maintenance) Act, 1952, disobeys a lawful order or abandons work without reasonable excuse or departs from any area---- specified in an order of a competent authority, he can be prosecuted under the Act and punished with imprisonment upto one year and with fine. (ii) Government Servants (Conduct) Rules, 1964 :--- Rule 24 of the Government Servants (Conduct) Rules, 1964 prohibits Government Servants from taking part in, subscribing in aid of, relating to the affairs of Pakistan. Government Servants are therefore, debarred from joining any political party. A defaulting Government Servant may be proceeded against under the Efficiency and Discipline Rules on the charge of mis-conduct. (iii) Government Servants (Efficiency and Discipline) Rules :--- A Government Servant can be proceeded against, if he is guilty of mis-conduct or is found to be engaged in subversive activities independently or in association with other under Rule 3 of the said Rules. For subversive activities, the penalty can be compulsory retirement, removal or dismissal from service.

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3. Ministries/Divisions are requested kindly to bring these Rules to the knowledge of Government Servants under their administrative control for strict observance. They may be warned that any violation of these rules will be dealt with strictly. (AUTHORITY :---O.M. No. 3/1/69-D.II, dated the 19th February, 1969). INTERNATIONAL CONFERENCE : It has been notified that individuals and delegations from Pakistan are some times proceeding abroad to attend International Conferences/Meetings/Symposiation on invitations received directly by them. This practice is a contravention of those Government directives which expressly forbid individuals and organizations from accepting invitations addressed to them directly and which have not been cleared by the Ministry of Foreign Affairs and other security agencies concerned.

18 2. The Prime Minister has taken strong exception to the contravention of this rule and has been pleased to direct that in future no individual or delegation will be allowed to proceed abroad to attend any international conference etc; if their invitation has been received by such individual or organization directly and not routed through proper Government Channel. 3. The Prime Minister’s orders are being circulated to all Ministries/Divisions concerned for strict compliance. Ministry of Foreign Affairs No. UN(II)-2/3/75, dated 2-1-1976. Subject :--- RESORTING TO PRESS OR OTHER PUBLIC MEDIA BY CIVIL SERVANTS. It has been observed that some civil servants are resorting to Press for airing their views. It should be brought to the notice of all civil servants that under the “Conduct” Rules they are forbidden to write to the Press (either anonymously or in their own name or in any other name) or to use any other public media---- except as duty--- without previous permission of Government. 2. In this connection, attention is invited specifically to the following provisions of the Sindh Government Servants (Conduct) Rules, 1966 :--- (i) Rule 21 forbids a civil servant to write a letter to any newspaper or periodical, anonymously or otherwise, without sanction of Government unless it is of purely literary, artistic or scientific character or his specialised subject. (ii) Rule 22 forbids a civil servant to make any statement of fact or opinion in any document, public utterance or radio/T.V. programme or act in a manner which is capable of embarrassing Government.

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(iii) Rule 27 forbids a civil servant to have recourse to the Press for the vindication of his public acts or character from defamatory attacks, without previous sanction of Government. (iv) Rule 28 (d) (ii) forbids an Association of civil servants to publish on behalf of its member, whether in the press or otherwise, without previous sanction of Government.

19 3. The Martial Law Administrator, Zone ‘C’ has taken a serious view and has desired that disciplinary action under rules should be taken against these Government officials who are found indulging in activities in violation of the aforesaid rules. No. SOIX-REG(S&GAD)/2/E/2-77, Karachi, dated 6th October, 1977. Subject :--- UNAUTHORISED INTERVIEWS BY GOVERNMENT SERVANTS TO LOCAL OR FOREIGN NEWS MEDIA. I am directed to invite your attention to this Department letter of even No. dated 6th August, 1977 and 6th October, 1977 on the subject noted above and to stress that under the Conduct Rules no Government servant is to grant interviews to local or foreign media unless specifically permitted to do so. Attention in this connection is drawn to rules 18, 21, 22 and 27 of the Sindh Government Servants (Conduct) Rules, 1966, which prohibit unauthorised communication of official documents or information to a government servant, not authorised to receive it, or to a non-official person or to the press and making of any statement of fact or opinion which is capable of embarrassing the Government. 2. Instructions have also been issued by the Government in this regard from time to time as referred to above. Provisions of the above rules and instructions may please be brought to the notice of all government servants with a view to ensuring that no government servant grants an interview to local or foreign media unless specifically permitted to do so. And when such a permission is granted the government servant concerned should be thoroughly briefed and parameters of interview should be clearly laid down by the competent authority. 3. Violation of the above instructions is liable to attract disciplinary action against the government servant concerned. No. SOR-I/2-18/86, Karachi, dated 8th September, 1986. Subject :-- PARTICIPATION IN INTERNATIONAL CONFERENCES ETC.

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In supersession of all previous orders on the above subject issued from time to time, the undersigned is directed to say that hence forth the following procedure shall be followed in regard to proposals for participation in International Conferences/Seminars/ Symposia, Workshops, etc :-- (a) The delegations to International Conferences / Seminars / Workshops etc, shall be referred to the Cabinet Division for clearance irrespective of the fact whether such delegations are carrying a Government brief or not and regardless of whether the delegation is being financed from our own resources or from some Technical Assistance Programme.

20 (b) Proposals for participation in International Conferences / Seminars / Workshops etc, financed through Technical Assistance Programme shall be referred by the Economic Affairs Division to the Cabinet Division, after receiving nominations from the Ministers / Divisions / Provincial Government concerned. (c) The approval of the Secretary-General, Finance and Economic Co- ordination shall be obtained only in cases where foreign exchange is to be expended on the delegation from our own funds. Where foreign exchange involved on participation is to be met under some Technical Assistance Programme, the approval of the Cabinet Division shall be treated as final, after the case has been processed through the Economic Affairs Division. (d) Invitations received direct by Pakistanis, officials and non-officials or private bodies from International Organizations, where expenditure on travel per diem etc. is being met by the foreign agency concerned, shall be considered by the Administrative Ministry/Division concerned. In case of non-officials clearance of the DIB should invariably be obtained before referring the case to the Cabinet Division. (e) All cases of participation in International Conferences etc, shall be cleared by the Cabinet Division on receipt from the Ministries/Divisions concerned and would not be referred to the Central Selection Board. However, the Cabinet Division would consult the Ministry of Foreign Affairs where “territorial implications” are involved or where it considers such consultation necessary. (f) Cases of delegations led by a Grade-22 officer/the Secretary of a Ministry or a Division shall be submitted to the CMLA for approval as at present through the Secretary General Finance and Economic Coordination and Secretary General in Chief.

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It is requested that strict compliance of the foregoing instructions may pleased be ensured. Any instruction issued by a Ministry/Division or the Provincial Governments which are not in conformity with the above decisions should please be treated as cancelled. Proposals which do not confirm to the revised procedure stated above will be returned to the sponsoring Ministries / Divisions approved. Cabinet Sectt : No. 8/148/74-Cord-I, dated 1st January, 1978.

21 Subject :-- DECLARATION OF ASSETS BY CIVIL SERVANTS.--- I am directed to invite attention to Rule 12 of the Sindh Government Servants (Conduct) Rules, 1966, according to which--- (i) Every Civil Servant, at the time of entering Government service, make a declaration to Government, through the usual channel, of all immovable and moveable properties including shares, certificates* securities, insurance policies, cash, Jewellery having a total value of Rs.50,000 (fifty thousand rupees) or more belonging to or held by him or by a member of his family individually or collectively; and (ii) Every civil servant shall submit, through usual channel, an annual return of assets in the month of December, showing any increase or decrease of property as shown in the declaration in the last return 2. All Administrative Secretaries are requested to formulate mechanism to ensure that the above provisions of law are complied with in respect of all civil servants working under their administrative control. 3. The declarations should be obtained in duplicate in the form in Annexture ‘A’ and should be kept in safe custody by the Administrative Departments in respect of officers in grade-16 and above, and by the appointing authorities in other cases. 4. These instructions should also be conveyed to the Autonomous Bodies established under the Provincial Government and working under the control of Administrative Department concerned for similar compliance in respect of their employees. [*] Since raised to Rs. 50,000/- (Rupees fifty thousand) from Rs. 10,000/- (Rupees ten thousand). ________________________________________________________________________

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No. SOIX-REG(S&GAD)2/E/2-73(Pt.-I) dated the 3rd Jannuary, 1978.

22

“ANNEXTURE-’A’”

DECLARATION OF ASSETS.

For the Year ending 31st December, 19 I, ___________________________employed in _________________Department/Office, as______________________here declare that no immovable and moveable property i.e. bonds, shares, certificates, securities, insurance policies, jewellery and motor vehicles having a total value of Rs.50,000 or more, held by me and Members (*) of my family, except as stated below :-- ________________________________________________________________________ In whose Province and Nature of Approximate

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23 I am directed to refer to your letter No. 117-Conf/77, dated the 16th February, 1978 on the subject noted above and to advice you to send the declarations of assets of Mukhtiarkars to their appointing authority viz: the Board of Revenue. Similarly such declaration or of other officers be sent to their respective appointing authorities rather then to Regulations Wing in Services and General Administration Department. No. SOIX-REG(S&GAD)8/E/2-73(Pt.I), dated the 2nd March, 1978.

OFFICE MEMORANDUM Subject :-- RULES FOR THE ACCEPTANCE AND DISPOSAL OF GIFTS BY GOVERNMENT SERVANTS, EMPLOYEES OF GOVERNMENT CONTROLLED CORPORATIONS, AUTO- NOMOUS AND SEMI AUTONOMOUS BODIES AND NATIONALIZED INSTITUTIONS. The undersigned is directed to state that the Government of Pakistan has partially modified the existing Rules regarding the acceptance and disposal of gifts received by Government servants etc. The decisions taken by the Government in this regard are given below :--- (1) The responsibility for reporting the receipt of the gift shall continue to devolve on the individual receipient. All gifts received by a Government Servant, irrespective of their prices must be reported to the Toshakhana in the Cabinet Division, Government of Pakistan. The gifts are generally given when foreign dignitaries or delegations come to Pakistan or our VIPs or delegations go abroad. If the Chief of Protocol or his representative has been attached to a visiting dignitary or a foreign delegation, it shall be his responsibility to supply a list of the gifts together with the names of the recipients to the Cabinet Division. In the case of other delegations or visiting dignitaries with whom the Chief of Protocol is not associated, the Ministry sponsoring the visit shall be

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responsible to supply the details of gifts received and the list of recipients to the Cabinet Division and the Ministry of Foreign Affairs.

24

In the case of outgoing delegations or visits abroad of our VIPs it shall be the responsibility of the Ambassador of Pakistan in the country concerned to report the receipt of the gifts together with the name of the recipient to the Cabinet Division through the Ministry of Foreign Affairs. If on checking the list it is found that an individual has not reported the receipt of a gift, appropriate action will be taken against him under the relevant rules. (2) Government officials except those belonging to Grades 1 to 4, are prohibited from receiving cash awards offered by the visiting foreign dignitaries. These may please be politely refused. In case, however, it becomes impossible to refuse without causing offense to the visiting dignitary, the amount should be immediate- ly deposited in the treasury under the head given hereafter. (3) Government officials are prohibited from receiving gift of any kind for their persons or for members of their families from Diplomatic Consular and other foreign Government representatives or their employees, who are stationed in Pakistan. As the Heads of Missions in Pakistan have been informed of this decision no offense would be caused by the return of the gift. If, however, due to very exceptional reasons the gift cannot be returned, it should invariably be deposited in the Toshakhana. These instructions, however, would not apply to gifts/donations made to institutions. (4) The value of the gifts will be assessed by the Cabinet Division which will devise an improved and practical system of assessing, in the country, wherever possible, the value of all gifts received. (5) The monetary limits upto which the gifts could be retained by the recipient have been revised. The new limits are as follows :-- (a) Gifts valued upto Rs.1000/- may be allowed to be retained by the recipients.

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(b) Gifts valued between Rs.1000/- and Rs.5000/- may be allowed to be retained by a recipient if he is willing to pay 25% of the values of the gift after deducting Rs.1000/- from its assessed value.

25 (c) Gifts of the value beyond Rs.5,000/- may be allowed to be retained by a recipient if he is willing to pay 25% of the value between Rs.1,000/- and Rs.5,000/- and 15% of the value above Rs.5000/-. (6) The Head of Account of Toshakhana in which the amounts are to be deposited is “1390----Others (NES)(Misc.) Receipts of Darbar Presents (Central). (7) Presents deposited in Toshakhana which are fit for display, shall be properly catalogued and then displayed in the public rooms of the Foreign Office and in the residences of the Head of the State, the Head of the Federal Government and the Governors. Such articles would be properly entered in the Toshakhana register and in the stock registers of the respective offices. An annual verification preferably in the first week of January shall be carried out in respect of such articles and a report submitted to the Cabinet Secretary. (8) Gifts which are not fit to be retained or displayed shall be disposed of by periodical sales to be arranged by the Cabinet Division, Government of Pakistan. The Cabinet Division will ensure a Winder circulation of the periodic restricted sale of such gifts sales could be negotiated also on the basis of a reserve price, if no buyers are available in the restricted auctions. These auctions will be held once or twice a year. The list of gifts to be sold in such auctions will be circulated to all Federal Government officers and officers of the Armed Forces. (9) These rules also apply to the employees of the Government controlled corporations, autonomous and semi-autonomous bodies and all nationalized institutions. Estt : Div : No. 8/19/77-TK, dated 30th March, 1978.

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I am directed to invite attention to Martial Law Instruction No. 8 (copy attached) and to forward a specimen proforma for necessary action by all civil servants under the administrative control of your department. 2. It is requested that all autonomous / semi-autonomous bodies working under your department may also be asked to take similar action. No. SOIX-REG(S&GAD)2/E/2-73, dated the 9th April, 1978.

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HEADQUARTERS

MARTIAL LAW ADMINISTRATOR

ZONE C MARTIAL LAW INSTRUCTION NO. 8 DATED 2ND APRIL, 1978

BY LIEUTENANT GENERAL MUHAMMAD IQBAL KHAN, S. Bt.

MARTIAL LAW ADMINISTRATOR SINDH ZONE ‘C’ DECLARATION OF ASSETS ----- GOVERNMENT SERVANTS

1. It has been decided by Martial Law Administrator Sindh Zone ‘C’ that with immediate effect all Government servants employed with the Province of Sindh (Civil Administration, Police, autonomous/semi autonomous bodies) shall declare their assets of moveable and immovable property. The assets declared shall also include assets of wife, children and other dependents.

2. The declaration shall be submitted as under :--

(a) Grade 18 and above officers to Chief Secretary. (b) Grade 16-17 to respective Secretary to Government. (c) Grade 12-15 to respective appointing authority with a copy to Commissioner of respective Division, where individual is posted. Secretariat staff to respective Departmental Heads. (d) Grade 4-11 to respective appointing authority with a copy to Deputy Commissioner of respective District where individual is posted. Secretariat staff to respective Departmental Heads. (e) Employees of autonomous / semi autonomous bodies, under the Provincial Government Control, will also submit their declaration forms in the same manner as laid down for Government servants in sub paragraphs told above.

3. Asset return upto 31st March, 1978 shall be submitted to above designated officers by all concerned by 30th April, 1978. Thereafter these returns shall be submitted

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on yearly basis by the 15th of January every year to the above designated officers (para 2) by all concerned.

4. Chief Secretary will issue specimen proforma for the return to all concerned.

5. On receipt of return the designated officer (para 2) shall scrutinise the returns and submit a statement to next superior with his observations. Current returns shall be scrutinised by 30th May 1978, and next superior in formed.

KARACHI : Martial Law Administrator Sindh Zone ‘C’ Lieutenant General Dated 2nd April, 1978. (Muhammad Iqbal Khan).

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STATEMENT OF ASSETS UPTO 31ST MARCH, 1978.

I,______________________employed in __________________ Department/Office, as ____________________ hereby declare that no immovable and moveable property i.e. cash, bonds, shares, certificates, securities, insurance policies, jewellery and motor vehicles having a total value of Rs.10,000 or more, are held by me/my spouse, my children and other dependents except as stated below :--

________________________________________________________________________

Name In whose Province and Nature of Approx How

________________________________________________________________________

________________________________________________________________________

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29

Subject :-- TAKING PART IN POLITICS BY GOVERNMENT SERVANTS AND EMPLOYEES OF CORPORATIONS AND OTHER INSTITUTIONS SET UP UNDER THE MANAGEMENT AND CONTROL OF THE PROVINCIAL GOVERNMENT.

I am directed to forward a copy of rule 24 of the Sindh Government Servants (Conduct) Rules, 1966 which places a ban on Government servants taking part in politics and elections with a request that the contents of the rule should be brought to the notice of all Government servants serving under your administrative control. Any breach of the rule would be considered to be an act of grave misconduct and render the Government servant liable to serve disciplinary action. In case, according to the information available with you or in the lower formation, a Government servant has been taking part in politics, disciplinary action, should be initiated against him, on priority basis, under intimation to this Department.

2. The Government servants (Conduct) Rules do not apply to the employees of Local Bodies, Autonomous and Semi-Autonomous bodies established under the Provincial Government as these persons are not ‘Civil Servants’ as defined in the Sindh Civil Servants Act, 1973. The Local bodies, Corporations and Institutions established under the Provincial Government frame their own rules, some of them do not contain a Provision corresponding in all respects to rule 24 referred to above. They may be advised to incorporate such a rule and bring it to the notice of all their employees. The employees, including the Chairman and Members of the Boards of Directors may be warned that any violation of the rule would be dealt with severely.

Administrative Department, are requested to obtain confirmation from all Corporations, Institutions and other autonomous and semi-autonomous bodies under their administrative control that either a rule corresponding to rule 24 already exists in their service rules or it has since been incorporated, and that a warning as above has been issued to all employees.

3. The confirmation of the action taken as indicate in paras 1 and 2 may please be reported by 15th August, 1978.

4. The receipt of this communication may kindly be acknowledged.

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SOIX-REG (S&GAD)2/E/2-73, Dated 3rd July, 1978.

Rule 24. TAKING PART IN POLITICS AND ELECTIONS----

(1) No Government servant shall take part in subscribe in aid of or assist in any way, any political movement in Pakistan or relating to the affairs of Pakistan.

(2) No Government servant shall permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or indirectly to be subversive of Government as by law established in Pakistan.

30

(3) No Government servant shall canvass or otherwise, interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere :

Provided that a Government servant who is qualified to vote at such election may exercise his right to vote; but if he does so, he shall give no indication of the manner in which he proposes to vote or has voted.

(4) No Government servant shall allow any member of his family dependent on him to indulge in any political activity, including the forming of a political association or being a member of any such association or to act in the manner in which the Government servant himself is prohibited to act under sub-rule (3).

(5) A Government servant who issues an address to electors or in any other manner publicly announces himself or allows himself to be publicly announced as a candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-rule (3) to have taken part in an election to such body.

(6) The provisions of sub-rules (3) and (5) shall, so far as may, be apply to elections to local authorities or bodies, save in respect of Government servants required or permitted by or under any law or order of Government, for the time being in force, to be candidate at such elections.

(7) If any question arises whether any movement or activity falls within the scope of this rule, the decision of Government thereon shall be final.

TAKING PART IN POLITICS AND ELECTIONS.

1. Co-operation with Public :--- In accordance with the Government Servants (Conduct) Rules, no Government servant can take part in subscribe in aid of, or assist in any way, any political party or movement in Pakistan. This is a perfectly sound principle and must be strictly adhered to because a Government servant must remain aloof from the rough and tumble of politics, do justice between man and man without any discrimination and carry out the policies of the Government in letter and spirit.

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2. It was, however, brought to any notice during the course of discussion in the last cabinet meeting on the level and extent of political activity in the Country that in violation of the above principle certain categories of Government servants, either still retain their affiliation with the previous Government or, not being fully in tune with the policies of this Government are not extending their full cooperation to those members of Public and Organizations which are assisting the administration in the maintenance of law and order and implementation of its policies. Any attempt, therefore, on the part of any Govt. servant to with-hold cooperation from such elements and any evidence of lack of total commitment on their part to the policies of this Government will be tantamount to misconduct and will be dealt with severely.

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3. I would be grateful if the contents of this directive are brought to the notice of all Government Servants for strict compliance.

(AUTHORITY :--- President and C.M.L.A’s note No. 57/1/CMLA, Dated the 2nd October, 1978.)

Subject :-- PARTICIPATION IN INTERNATIONAL CONFERENCES/ SYMPOSIA/MEETINGS ETC. INVITATIONS RECEIVED DIRECTLY BY INDIVIDUALS/ORGANIZATIONS.

Please refer to para 1 (d) of this Division’s O.M. No.8/148/74-Cord-I, dated the 1st January, 1978, on the above subject, which interalia lays down that invitation received direct by Pakistanis-officials and non-officials-or private bodies from International Agencies / Organizations, where expenditure on travel, daily allowance etc., is being met by the foreign concerned, shall be considered by the Cabinet Division on merits on the recommendation of the Ministry / Division concerned.

2. Prior to the above instructions, in terms of this Division’s O.M. No.8/148/74-Cord-I, dated 29th May 1976, no individual or organization was allowed to proceed abroad to attend any International Conference etc.; if the invitation had been received by such individual or organization directly and not routed through proper Government channels.

3. I find that during the recent past there has been a noticeable increase in the number of proposals referred to the Cabinet Division for clearance of individuals who had received direct invitations from foreign Agencies. The latest case was that of a Grade-16 Social Welfare Officer. He had been invited by name by the 3rd International Congress on Rehabilitation in psychiatry, Orebro, Sweden. This is an unhealthy tendency, and needs to be curbed.

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4. I would, therefore, request you to issue necessary instructions to officers serving in your Ministry/Division, its Attached Departments and other offices etc., that invitation received by name by Government officials from foreign agencies for participation in Conference/Meetings/Symposia etc., abroad would not be considered. Any exception to this procedure should not be referred to the Cabinet Division without the written approval of the Secretary-in-charge of the Division and the previous approval of the Minister concerned, alongwith a copy of the invitation and full justification in the prescribed form duly signed by an officer of the status of at least Joint Secretary. In this connection I would also invite your attention to this Division’s letter No.8/148/74-Cord-I, dated the 22nd October 1974 (copy enclosed).

Cab : Sectt-No. 9/19/79-T.K. dt. 9-8-7.

Subject :-- ACCEPTANCE OF GIFTS :

The undersigned is directed to state that according to the instructions contained in rule 5 of the Government Servants (Conduct) Rules, 1964, Government servants and

members of their families have been prohibited from accepting any gift from any person, the receipt of which could place them under any form of official obligation to the donor.

32

These instructions have been further amplified vide para 3 of the Cabinet Division office memorandum No. 8/19/77-TK dated 30th March, 1978 to cover the receipt of gifts from the diplomatic, consular and other representatives or employees of Foreign Governments stationed in Pakistan. A copy of these instructions is again enclosed for ready reference.

2. The Cabinet Division have observed, with regret that in disregard of the spirit and contents of the aforesaid rules and restrictions, gifts are still freely accepted by Government officials not only from Government organizations but even from private firms and factories, even in case where no offence is likely to be caused by a polite refusal to accept them. All Ministries/Divisions are, therefore, again requested that the officials working in the Government Departments/agencies or in corporations and other organizations under the control of Government, should exercise much greater caution and restrain in this matter appears to be the case at present.

3. These instructions may please be brought to the notice of all concerned for necessary compliance.

Subject :-- ENGAGEMENT IN TRADE AND BUSINESS, ETC. BY SPOUSES OF GOVERNMENT SERVANTS.

The undersigned is directed to say that under the Government Servants (Conduct) Rules, 1964, no Government servant is allowed to engage in any trade or undertake any employment or work, other than his official duties, except with the previous sanction of the Government. There is, however, no bar to the spouses of Government servants taking employment or engaging in any trade or profession. It has come to the notice of Government that the wives of some Government servants have been engaging in trade and business where influence of the husband could possible be misused. In such cases, the possibility of public interest being jeopardised cannot be ruled out.

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2. In order to safeguard the public interest in such cases, it has been decided that all Government officials whose spouses have undertaken some private job or are engaged in business and trade may be directed to render a certificate to the Secretary of the Ministry/ Division or the head of the department concerned that the profession, trade or business in which his or other spouse is engaged is in no way under his/her official influence. Cabinet Sectt: No. 7/1/79--D--IV dated 1-9-79 Adopted by Sindh Government under No. SOIX-Reg-(S&GAD)2/E/2-73, 11-9-79.

Subject :--- ENGAGEMENT IN TRADE AND BUSINESS ETC. BY SPOUSES OF GOVERNMENT SERVANTS :

I am directed to refer to the subject mentioned above and to forward a copy of O.M. No. 7/1/79-D.IV, dated the 1st September, 1979 from the Deputy Secretary to Government of Pakistan, Establishment Division, Cabinet Secretariat, Rawalpindi, for information and necessary compliance by all concerned as the same has been adopted by this Government.

33

Subject :--- TAKING OF PART IN POLITICS BY GOVERNMENT SERVANTS :

I am directed to say that it has come to the notice of the Government that some Government Servants are reported to be indulging in politics and are meeting political leaders. This is obviously the flagrant violation of Rule 24 of the Sindh Government Servant from taking part in or subscribing in aid of or assist in any way any political movement in Pakistan or relating to the affairs of Pakistan. Thus the Government Servants indulging in political activities are guilty of misconduct and are liable to disciplinary action under the Sindh Civil Servants (Efficiency & Disciplinary) Rules, 1973.

2. It is, therefore, requested that all concerned may be impressed upon that they should desist from such kind of activities failing which server disciplinary action would be taken against the defaulters.

Subject :-- PARTICIPATION OF GOVERNMENT SERVANTS IN “FRIENDSHIP ASSOCIATIONS” CULTURAL “CLUBS” ETC., SPONSORED BY FOREIGN MISSIONS :

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The undersigned is directed to refer to the instructions issued on the above subject from time to time................................ and to say that instances have come to notice where government servants have unwillingly allowed themselves to be associated with “friendship associations”, cultural “clubs” and similar other organizations and institutions sponsored by foreign missions in Pakistan, in breach of government instructions. It is therefore reiterated that while there is no objection to Government Servants, their wives and dependents becoming members of libraries and information centres maintained by some of the foreign missions, Government Servants, their wives and dependents are not permitted to accept any office or, join, or associate themselves with organisations or institutions, sponsored by foreign mission, which aim at promotion friendly relations, or which have a bearing upon relations, between Pakistan and one or more foreign countries.

2. It is requested that these instructions may please be brought to the attention of all concerned once again for strict compliance, and disciplinary action under rules may be taken in all cases of breach of these instructions that come to notice.

Ex. Division No.4/26/60-D11(D-IV) dated 1-7-82.

Subject :-- PARTICIPATION OF GOVERNMENT SERVANTS IN “FRIENDSHIP ASSOCIATIONS”, CULTURAL “CLUBS” ETC., SPONSORED BY FOREIGN MISSIONS :

I am directed to refer to the subject mentioned above and to forward a copy of office memorandum No.4/26/60-D-II(D-IV), dated the 1st July, 1980 from the Joint Secretary, Government of Pakistan, Establishment Division, Cabinet Secretariat Rawalpindi for information and necessary compliance with reference to this Department Notification No.SOIX-REG(S&GAD)2/E/2-73, dated the 10th May, 1977.

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Subject :-- MEETING WITH MEMBERS OF FOREIGN MISSIONS.

From time to time you may receive requests from the members of Foreign Missions based in Karachi that they would like to call on you. Since all such visits are co-ordinated by the Foreign Office, appointment should only be given when the Foreign Office has cleared this and conveyed through the Director of Protocol, Government of Sindh.

2. When the meeting is finally held with the representative of foreign governments, it is necessary to make a brief resume of the discussion. A copy of this may be sent under secret cover to : (i) Foreign Office, Deputy Chief of Protocol, Karachi. (ii) Secretary to the Martial Law Administrator. (iii) Director of Protocol.

For preparing this resume an officer of the level of Additional Secretary/Deputy Secretary of the concerned Department may be present during the discussion for recording the minutes.

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3. Similarly, all invitations received from Foreign Missions will be co-ordinated by the Foreign Office and conveyed through the Director of Protocol, Government of Sindh.

D.O. No. P(S&GAD)-M-9/81/878, dated 17th June, 1981.

Subject :--- ACCEPTANCE OF GIFTS :

The undersigned is directed to state that according to the instructions contained in Rules 5 of the Government Servants (Conduct) Rules, 1964, government servants and members of their families have been prohibited from accepting any gift from any person, the receipt of which would place them under any form of official obligation to the donor. These instructions have been further amplified vide para 3 of the Cabinet Division Office Memorandum No.8/19/77-TK dated the 30th March, 1978, to cover the receipt of gifts from the Diplomatic Consulars and other representatives or employees of foreign Government stationed in Pakistan. A copy of these instructions in again enclosed for ready reference.

2. The Cabinet Division have observed, with regret , that in disregard of the spirit and contents of the aforesaid rules and restrictions, gifts are still being freely accepted by Government Servants, not only from Government Organizations but even from private firms, even in cases where the offence is likely to be caused by a polite refusal to accept them. All Ministries/Divisions are, therefore, again requested that the officials working in the Government Departments/Agencies or in Corporations and other Organizations under the control of Government, should exercise much greater caution and restraint in this matter.

3. It has further been noticed that in certain cases receipants of gifts either fail to declare the gifts or they declare the receipt of the gifts very late. It is requested that this practice should be avoided and the receipt of gifts should invariably be reported to the Toshakhana of the Cabinet Division without delay.

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4. These instructions may please be brought to the notice of all concerned for necessary compliance.

Cab : Div : No. 8/19/77-TK, dated 10th September, 1981.

Subject :--- EXTRANEOUS INFLUENCE BY GOVERNMENT SERVANTS IN RESPECT OF SERVICE MATTERS.

It has been brought to the notice of Government that some civil servants attempt to bring extraneous influences in respect of service matters, such as posting, transfer and deputation etc. These acts are not only in breach of Sindh Government Servants (Conduct) Rules, 1966 but also constitution misconduct in terms of Rule 2 (4) of the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 which is reproduced below :--

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“Mis-conduct” means conduct prejudicial to good order or service discipline or contrary to Government Servant (Conduct) Rules, 1966 or unbecoming of an officer and a gentleman and includes any act on the part of government servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the government or any government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of Civil Servant.”

(2) The Civil Servants are, therefore advised in their own interest to scrupulously observe provisions of aforementioned Rules. In future if any Civil Servant attempts to brings extraneous influence in respect of his posting, transfer and deputation etc., a note to this effect will be placed in his C.R. dossier, unless of course, proposal on these matter are made by the Departments themselves formally to the Services and General Administration Department.

(3) The contents of this letter may please be brought to the notice of all Civil Servants working in the Departments/Autonomous and Semi-Autonomous Bodies under your administrative control.

(4) This issues with the approval of Chief Secretary.

No. SOIX-REG.(S&GAD)2/E/2-73, dated the 5th June, 1982.

Subject :--- RULES FOR THE ACCEPTANCE AND DISPOSAL OF GIFTS SERVANTS, EMPLOYEES OF GOVERNMENT CONTROLLED CORPORATIONS, AUTONOMOUS AND SEMI-AUTONOMOUS BODIES AND NATIONALIZED INSTITUTIONS :--

In continuation of this Department circular letter of even number dated 9th August, 1979 on the subject noted above I am directed to forward a copy of Office Memorandum No. 8/19/77-TK, dated 4th November, 1982 from the Deputy Secretary (Administration) to Government of Pakistan Cabinet Division, Cabinet Secretariat, with request to ensure strict compliance of the standing instructions.

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No. SOIX-REG(S&GAD)2/E/3-74, dated 3rd January, 1983.

OFFICE MEMORANDUM

Subject :-- ACCEPTANCE OF GIFTS :--

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The undersigned is directed to invite attention of all the Federal Ministries/ Divisions and the Provincial Governments to the Cabinet Division O.M. No. 8/19/77-TK., dated the 2nd April, 1979 on the subject mentioned above and to state that it has generally been observed that restraint is not being exercised to the extent it is required in accepting the gifts presented to the officers by the foreign government representatives, despite instructions to the contrary issued from time to time. Relevant extract of the Rules governing the acceptance or otherwise of the Rules governing the acceptance or otherwise of the gifts is once again forwarded herewith for strict compliance by all concerned :--

“Government officials are prohibited from receiving gifts of any kind for their persons or for members of their families from Diplomatic, Consular and other Pakistan. As the Heads of the Missions in Pakistan have been informed of this decision no offense would be caused by the return of the gift. If however, due to very exceptional reasons the gifts cannot be returned, it should invariably be deposited in the Toshakhana. These instructions, however, would not apply to gifts/donations made to institutions.

Subject :-- MEETING WITH MEMBERS OF FOREIGN MISSIONS.

You may kindly recall that detailed instructions have been issued by the Chief Secretary vide this Department’s demi-official letter of even number dated 17th June, 1981, to regulate contacts with foreign dignitaries and members of foreign diplomatic missions. A copy of the d.o. letter referred to above is enclosed for ready reference.

2. The President and CMLA has again directed that the above mentioned instructions should be carefully followed by all concerned. He has further emphasized that after a meeting with foreign dignitary or diplomat has taken place, the gist of the discussions with him should be communicated to the Foreign Officer (Deputy Chief of Protocol, Karachi) under intimation to the Secretary (CA) to M.L.A. and the Director of Protocol, Sindh, in all cases without exception, even if the meeting may be of a routine nature or a simple courtesy call.

3. I am accordingly desired to request that the orders of the President together with the existing Government instructions on this important subject, should please be strictly followed in practice.

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Subject :-- DECLARATION OF ASSETS HELD AND ACQUIRED BY GOVERNMENT SERVANTS AND CORPORATION EMPLOYEES.

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I am directed to say that instructions regarding Declaration of Assests have been issued from time to time. However, in order to clarify the matter the following communications issued by the Establishment Division are enclosed for information, guidance and strict compliance :---

1. D.O. No. 2/2/81-DA/D.I ...... Dated 19-09-1982.

2. No. 2/2/81-DA ..... Dated 11-10-1982.

3. No. 2/2/81-DA ..... Dated 20-10-1982.

4. No. 2/2/81-DA ..... Dated 26-10-1982.

5. No. 2/2/81-DA ..... Dated 01-10-1982.

6. D.O. No. 2/2/81-DA ..... Dated 09-01-1983.

2. It is requested that these instructions may please be brought to the notice of all persons serving under your administrative control, including employees serving in Attached Departments/Regional Offices as well as employees of the Corporations or Autonomous Semi-Autonomous Bodies concerned, for compliance.

3. The receipt of this letter may please be acknowledged.

No. S.O.III(S&GAD)5-8/81 dated the 19th February, 1983.

D.O. No. 2/2/81-DA/D.I. Dated, the 19th September, 1982.

Subject :-- DECLARATION OF ASSETS HELD AND ACQUIRED BY THE GOVERNMENT SERVANTS AND CORPORATION EMPLOYEES.

Instructions regarding Declaration of Property and Assets have been issued from time to time, but unfortunately these have been either insufficiently understood or dealt with in routine. As a result, the compliance of these instructions by the Ministers / Divisions / Department etc. and by the officials themselves has remained sporadic. The President has also taken notice of this unsatisfactory state of affairs.

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2. The instructions on the filing of Declaration of Assets have been revised and consolidated for strict compliance by all concerned, as follows :

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I. The Declaration of Assets are to be submitted by :--

(a) all government servants of all grades.

(b) all re-employed government servants.

(c) all persons employed on contract.

(d) Provincial civil servants and corporation employees serving on deputation in the Federal Government;

(e) all officers and employees of corporations/autonomous bodies set up and / or controlled by the Federal Government;

(f) conmissioned and non-commissioned officers of the Armed Forces serving on secondment in civil posts and in corporations / autono- mous bodies.

II. (a) The Declaration of Assets should be submitted by all concerned on first appointment and thereafter annually on 31st December, each year, on the attached proforma which should be filled in and signed by the Declarant himself.

(b) The revised proforma for declaration of assets provides for affixing of photographs of the officers of Grade-17 and above on the first submission of declaration of assets under these instructions.

III. The Declarations are to be made in respect of Property and Assets held in the name of government servant himself and members of his family as defined in Rule 3(1) (c) of the Government Servants (Conduct) Rules, 1964 (as amended), reproduced below :--

‘(Member of a Government servants family includes :---

(i) his wife, child or step-child, whether residing with the Government servant or not; and

(ii) any other relative of the Government Servant or his wife, when residing with and wholly dependent upon the Government servant, but does not include a wife legally separated from the government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the government servant has been deprived by law.

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IV. The Declaration should include the description/details of immovable property such as land, houses acquired, built, or under construction including the property which is under mortage or which is otherwise encumbered and movable property such as motor vehicles, investment or ownership (part or otherwise) of business enterprises, stocks, shares securities, certificates, prize bonds, insurance policies and jewelery having a total value of Rs.10,000/- or more, in terms of Rule 12 of the Government Servants (Conduct) Rules.

V. (a) It will be responsibility of Ministeries / Divisions / Departments / Corporations / autonomous bodies to obtain the declaration of assets in respect of persons serving under them. Failure to file the declarations on the prescribed date or within fifteen days thereof will be construed as misconduct and the defaulters will be liable to disciplinary action under the Rules. Action against the defaulting persons will be taken by the respective Ministeries / Divisions / Departments / Organizations etc. under whom the official is serving for the time being in accordance with the relevant disciplinary rules.

(b) A certificate to the effect that such declarations have been obtained from all officials should be forwarded to the Establishment Division by all Ministries/Divisions/Departments by 1st March, of each year.

VI. (a) The Declaration of Assets should be maintained and handled in the same manner as the confidential reports. These should be kept on separate files for each individual official and maintained as companion files of the C.R. dossiers of the officials concerned. The declaration of assets of the officials whose C.R. dossiers are not required to be maintained under the relevant instructions, should be kept in the above manner as companion files their service books.

(b) The Ministry/Division/Department/Corporation or autonomous body which maintains the original C.R. dossier/Service Book of the officers/staff will be responsible for custody and maintenance of the files of Declaration of Assets in the prescribed manner.

(c) For this purpose the Declarations should be forwarded, alongwith lists to the respective Secretaries of the Ministers/Divisions/Heads of attached Departments/Corporations/autonomous bodies who are responsible for the maintenance of the C.R. dossiers of the concerned officials by 1st March, of each year.

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VII. Under a directive of the President, the Secretaries of the Ministries / Divisions and Heads of Departments etc. are to be held responsible for any case of corruption in the Ministry/Department etc. under them. In cases where the Secretary has reasons to believe that the assets have not been correctly reported, or are in excess of known means of income, he may order an investigation through an internal inquiry or by FIA, to be followed by proceedings under disciplinary rules in the event of such charges having been prima facie established.

3. The various instructions issued from time to time, regarding filling of Declaration of Assets are deemed to have been modified to the extent stated above.

4. The Ministries/Divisions may please bring these instructions to the notice of the officials Ministries serving under them and the Attached Departments/sub-offices and Heads of Corporations/autonomous bodies for compliance.

5. The receipt of this letter may please be acknowledge. Estt : Div : No. 2/281-DA dated 20th October, 1987.

CIRCULAR

Subject :-- DECLARATION OF ASSETS HELD AND ACQUIRED BY THE GOVERNEMNT SERVANTS AND CORPORATION EMPLOYEES.

In continuation of this Division’s d.o. letter of even number dated the 19th September, 1982 it is requested that while submitting the Declaration of Assets the following obligations should be observed :--

(1) The Declaration of Assets should be submitted by all concerned on first appointment and thereafter annually on 31st December each year on calander year basis.

(2) The officers of Grade 17 and above will affix their photographs with the Declaration of Assets to be submitted on 31st December, 1982.

(3) The declaration of assets belonging to officers of APUG/OMG only will be forwarded to the Establishment Division on 31st December, 1982.

(4) A certificate to the effect that such declaration have been obtained from all officials should be forwarded to the Establishment Division by all the Ministries/ Division by 1st March each year. The controlling Ministries/ Divisions will submit a consolidated certificate in respect of Departments etc. controlled by them.

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(5) It will be the responsibility of Ministries/Divisions/Departments/ Corporations/autonomous bodies to obtain the declaration of assets in respect of persons serving under, them and take disciplinary actions against the defaulting officers/officials who do not submit such declarations by the Prescribed date or within fifteen days thereof.

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Subject :-- DECLARATION OF ASSETS HELD AND ACQUIRED BY THE GOVERNMENT SERVANTS AND CORPORATION EMPLOYEES.

In continuation of this Division’s d.o. endorsement No.2/2/81-DA, dt. the 19th September, 1982, on the above subject the Provincial Government while forwarding the Declaration of Assets by the officers of APUG/OMG working under them it may please be kept in view that the officers of Grade 17 and above will affix their photographs in the proforma (enclosed along with the above d.o. endorsement) with their Declaration of Assets for the year ending 31st December 1982, this practice will be followed by all these who have already declared their Assets during the fiscal year 1981-82 or not.

Estt : Div : No.2/2/81-DA dated 29th October, 1987.

CORRIGENDUM

Please insert the word “immovable or” before the word “movable” in the overleaf of proforma enclosed alongwith our D.O. letter of even number dated 19th September, 1982 addressed to all Federal Secretaries.

Estt : Div : No. 2/2/81-DA, dated 29th October, 1987.

CIRCULAR

Subject :-- DECLARATION OF ASSETS HELD AND ACQUIRED THE GOVERNMENT SERVANTS AND CORPORATION EMPLOYEES.

In continuation of this Division’s circular of even number, dated the 11th October, 1982, it is requested that while submitting the fresh declaration of assets on 31st December, 1982 (as per our d.o. of even no. dated 19-9-1982) the valuation of moveable immoveable properties should be declared on purchase value basis.

Estt : Div : No. 2/2/81-DA dated 1-12-1982.

Subject :-- DECLARATION OF ASSETS HELD AND ACQUIRED BY THE GOVERNMENT SERVANTS & CORPORATION EMPLOYEES.

Please refer to Establishment Division Secretary’s d.o letter No. 2/2/81-DA, dated 19-9-1982 on the above subject, addressed to all Federal Secretaries and Chief Secretaries.

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2. It has now been decided that those officers who have submitted already their declarations according to fiscal year i.e. up to 30-6-1982 may submit their next return on 31-12-1983 covering the period 1-7-1982 to 31-12-1983.

Estt : Div : No. 2/2/81-DA dated 9-1-1983.

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Declaration of Assets for the

year ending on 31st December,

19 on

(initial appointment)

PHOTOGRAPH

(To be affixed by officers in Grade-17 & above only on the first declaration under the revised instructions).

1. Name and designation ___________________________________________________ with grade ____________________________________________________________ 2. Occupational __________________________________________________________ Group (if any)

3. Name of Organi- _______________________________________________________ zation where serving. __________________________________________________

DECLARATION

I __________________________________ S/o ______________________________ hereby declare that the Assets, immovable and moveable described in the proforma overleaf duly signed, are held by me and members of my family (family as defined in Rule 3 (1) (c) of the Government Servants (Conduct) Rules, 1964 on 31st December, 19 /on.

(the date of initial appointment)

Signature ____________________

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Designation ______________

Rule 3(1) (c) of Government Servants (Conduct) Rules, 1964.

“Member of a Government servant’s family” includes---

(i) his wife, child or step-child, whether residing with the Government servant or not; and

(ii) any other relative of the Government servant or his wife, when residing with and wholly dependent upon the Government servant, but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him or of whose custody the Government servant has been deprived by law”.

Reference to a wife shall be construed as reference to a husband where the Government Servant is a woman.

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for the year ending 31st December, 199

I, ____________________ S/o ____________________ employed. in ____________

hereby declare that no movable property i.e. bonds, shares, certificates, securities, insurance policies and jewellery etc. having a total value of Rs.10,000/- or more, is held by me and members of my family, except as stated below :--

________________________________________________________________________ Name In whose Province and Nature of Approximate How acquired

name held District in property and value of whether by

which the extent of property. purchase, gift

property is interest held or by inheri-

tance.

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Subject :-- DISCIPLINE GOVERNMENT SERVANTS.

In continuation of this Department circular letter of even No. dated the 3rd July, 1978 I am directed to stress once against that Government servants are prohibited under the rules to participate in politics. Any Government official supporting political parties, directly or indirectly wavering in the execution of his duties under political influence should be dealt with severely.

No. SOIX-REG(S&GAD)2/E/2-73 dated 30th June, 1986.

Subject :-- DISCIPLINE-GOVERNMENT SERVANTS.

Subject :-- RESORTING TO PRESS OR OTHER PUBLIC MEDIA BY CIVIL SERVANTS.

I am directed to state that instructions on the above subject have been issued from time to time by this department.

(a) SOIX. REG (S&GAD) 3/5-73, dated 17-10-1973

(b) SOIX. REG (S&GAD) 2/E/2-77, dated 06-08-1977

(c) SOIX. REG (S&GAD) 2/E/2-77, dated 06-10-1977

(d) SOR. I (S&GAD) I/2-18/86, dated 08-09-1986

for the information, guidance and compliance by all concerned vide Circular letters noted in the margin (their copies are enclosed for ready reference).

2. It has been observed that, of late, some civil servants have been giving press-interviews/briefings in violation of the above instructions. It has, therefore, been decided that in future no, repeat no Administrative Secretary/Head of Attached Department in Sindh should give any press-interview/briefing etc. without prior permission of Chief Secretary. Press Conferences/briefings have to be conducted by the Minister-Incharge and not by the civil servants. In special cases where it is considered necessary for a civil servant to do so, prior permission of Chief Secretary shall invariably be sought.

3. The above instructions will, however, not apply to handouts on development schemes, Prime Minister Junejo’s Five Points Programme or Law and Order effecting incidents of public interests. These handout may continue to be issued as before under the existing Govt. policy conveyed through Planning and Development, Information and Home Department.

4. This issues with the Approval of Chief Secretary.

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Subject :-- APPEARANCE OF GOVERNMENT OFFICIALS ON TELE- VISION OR RADIO PROGRAMMES OR HOLDING PRESS CONFERENCES/ISSUANCE OF PRESS STATEMENTS.

I am directed to state that it has been observed with concern that, of late government functionaries have been appearing in T.V. programmes or giving press interviews relating to official matters. During such itnerviews the official is often caught off guard and is made to answer questions involving policy matters. Spur of the moment reaction often leads to pre-emptive replies on some interrelated government decisions or divulging of sensitive information. Such disclosures are likely to create embarrassment for the government. In any case, projection through media is considered contrary to the established practice of deliberate amonymity and restrain from publicity which is expected to be exercised by government servants.

2. It has therefore been decided that in future public officials including Heads of Autonomous Bodies will have to seek the permission of the Head of the Department/Chief Secretary, Sindh before making any such appearance on Television or holding press conferences relating to matter of official duties.

3. In this connection, Rule 21 of the West Pakistan Government Servants (Conduct) Rules, 1966 is reproduced below for guidance :

“21. Radio Broadcast, Television Programme and Communication to the Press. No Government servant shall except with the previous sanction of Government or any other authority empowered by it in this behalf or in the bonafied discharge of this duties, participate in a radio broadcast or television programme, or conrtibute any article or write any letter either anonymously or in his own name or in any other name, to any newspaper or periodical :

Provided that such sanction shall generally be granted if such broadcast, television programme, contribution or letter is not, or may not be considered likely to jeopardize the integrity of the Government servant, the security of Pakistan or friendly relations with foreign States, or to offend public order, decency or morality or to amount to contempt of court, defamation or incitement to an offence :

Provided further that no such sanction shall be required if such broadcast, television programme, contribution or letter is of a purely literary, artictic or scientific character or, in respect of a member of the teaching profession, relates to his specialised discipline.”

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4. It is advised that these instruction may please be strictly adhered to in future. Failure to do so will render the government servant liable to be proceeded against under the relevant Rules.

SO-RI (S&GAD) 2/2-58, dated 3-2-1988.

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Subject :-- ACCEPTANCE OF FOREIGN AWARDS BY GOVERNMEN SERVANTS.

I am directed to invite your attention to Article 259 (1) of the Constitution of Pakistan read with Rule 6 of the Sindh Government Servants (Conduct) Rules, 1966 (extracts attached for ready reference) and to enclose a copy of the Establishment Division O.M. No. 6/10/88-D-3, dated 3-10-1988 on the subject noted above, which is self-explanatory.

2. I am further directed to request that rules position as well as contents of the enclosed O.M. may please be brought to the notice of all employees (including those in the Autonomous/Semi-Autonomous Bodies) under your administrative control for their information, guidance and strict compliance.

3. Kindly acknowledge receipt.

No. SOR-I (S&GAD) 2/E/3-74 (PT.1), dated 26th October, 1988.

EXTRACT OF RULE 6 OF THE SINDH GOVERNMENT SERVANTS (CONDUCT) RULES, 1966.

6. Acceptance of foreign awards.--- No Government servant shall except with the approval of the Governor of Sindh, accept a foreign award, title or decoration.

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

OFFICE MEMORANDUM

Subject :-- ACCEPTANCE OF FOREIGN AWARDS BY GOVERNMENT SERVANTS.

It is noted with regret that contrary to the laid down instructions there have been serveral instances where Government servants have accepted title, honour or decoration from foreign states. Invariably the excuse for haing accepted adwards by Government servants is ignorance of the rules.

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2. The competent authority has taken serious notice of this tendency and has been pleased to direct that all Ministries/Divisions/Departments may be asked to disseminate the rule position to Govt. servants for strict compliance. The Ministries/Divisions are requested to please bring the rule position as defined in Section 6 of the Government Servants (Conduct) Rules, 1964 and Article 259(1) of the Constitution of Pakistan, to the notice of all employees working under them and also to the employees of autonomous statutory bodies under their administrative control.

Estt : Div : No. 6/10/88-D-3, dated 3rd October, 1988.

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Subject :-- CONDUCT OF CIVIL SERVANTS

On occasions in the past attention of the civil servants has been drawn to rules 19 and 29 of the Sindh Government Servants (Conduct) Rules of 1966 and rule 2(4) of the Efficiency & Discipline Rules of 1973 which in esssence say that a government servant sho brings or attempts to bring political or other outside influence to bear on his promotion, transfer ro other matters relating to service shall be guilty of misconduct.

2. The Chief Minister has now observed with grave concern a growing tendency on the part of civil servants to violate this code which constitutes the bedrock on which the discipline integrity and efficiency of public service rest. I expect you to abide by it and also so demand it from your subordinates.

3. While expecting a positive response from the civil servants it is a duty of their superiors at all levels to ensure that their grievances are heard and redressed promptly, their ligitimate carrier expectations are fulfilled and they are not victimised for doing their duty in the best public interest. If an immediate superior is unable or unwilling to help, the officer next above must quickly intervene. The effort should be that no government servant is driven to seek outside help in a service matter only because his superiors along the line are either indifferent or unsymathetic. In such a situation the moral, if not legal, authority to invoke the punitive provisions of the rules is severely impaired. Whenever therefore, a civil servant seeks outside support it should be an occasion to examine whether it is wilful or born out of apathy suffered from within the service hierarchy.

4. Let me avail this opportunity to draw your attention to the vanishing virtues of punctuality and accessibility to public. No doubt most government servants have to work late and at/odd hours. That should not detract from the merit of punctuality which lies in the disposal of files, especially those which need concentrated attention, in the undisturbed morning hours.

5. By now you might have seen a directive of the Prime Minister for setting aside a part of the day for seeing the public. Depending on the demand of each office it should not be less than an hour whether at the head office or on tour in your jurisdiction. The public meeting hour may be supplanted in emergency but not by routine commitments.

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6. While on this refrain let me underline the importance of humility the quiet essential virtue by which a public servant is ultimately judged by quoting from the holy Quran :

AND WALK NOT IN THE EARTH EXULTANT. NO THOU CANST NOT REND THE EARTH NOR CANST THOU STREACH TO THE HEIGHT OF THE HILLS.

7. Kindly acknowledge, and transmit to all those who are committed to your charge for service to the people.

Notification No. SOIX REG (S&GAD)2/E/2-73, Dated 21st February, 1978.

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Subject :-- CONDUCT OF CIVIL SERVANTS

Despite the advice contained in my letter of 21st Feb. 1989, it is sad to observe that some civil servants continue to invoke exteraneous influences for their posting, promotion and related service matters. Recently, an unfortunate element of collective protest has been added to it.

2. The Chief Minister has also viewed this attitude with concern and has desired me to convey it to you once again that all civil servants would be well advised to rely on their conduct and performance alone for their career prospects.

3. At the same time, as said earlier, it should be ensured at all levels that the legitimate interests and aspirations of the civil servants are protected and their grievances are given prompt attention.

No. SOIX-Reg (S&GAD)2/E/2-73, dated 21st May, 1989.

Subject :-- RESORTING TO PRESS OR OTHER PUBLIC MEDIA BY CIVIL SERVANTS.

The enclosed letters issued from time to time about government servants’ contact with the press, radio and television are circulated once again to ensure that no deviation from the prescribed policy guidelines takes place.

2. Kindly note their contents and ensure compliance.

No. SOR-I(S&GAD)2/E/2-77 dated 6th March, 1989.

Subject :-- RULES FOR THE ACCEPTANCE AND DISPOSAL OF GIFTS BY GOVERNMENT SERVANTS, EMPLOYEES OF GOVERNMENT CONTROLLED CORPORATIONS, AUTO- NOMOUS AND SEMI-AUTONOMOUS BODIES AND NATIONALIZED INSTITUTIONS.

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I am directed to say that rules regarding acceptance or otherwise and disposal of gifts by the Sindh Civil Servants are contained in Rule 5 of the Sindh Government Servants (Conduct) Rules, 1974.

2. In this connection, a copy of the instructions issued by the Federal Government vide Cabinet Division’s Office Memorandum No. 9/2/89TK, dated the 27-03-1989 together with its enclosure is forwarded herewith.

3. The matter of receipt of any gift (irrespective of its price) and cash award should be reported by the recipient to the Director Protocol, Government of Sindh, Services, General Administration and Wildlife Department, Karachi, immediately for further necessary action.

4. It is requested these instructions may please be brought to the notice of all employees (including those working in the autonomous/semi-autonomous bodies) under your administrative control for their information, guidance and strict compliance.

5. Kindly acknowledge receipt.

No. SOR-I(S&GAD)2/E/3-75(Pt. I), dated 25th May, 1989.

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I am presently writing this letter to you to draw your attention to a personnel policy which has a bearing on the moral and confidence of the civil servants. It has been observed that of late there is an increasing tendency to resist transfer and posting orders which as you are aware are issued, after taking approval of the Prime Minister.

2. The Prime Minister on being apprised of this predilection has directed that I should bring the matter to your personal attention with a view to curbing this attitude.

3. I need hardly emphasize that all orders issued by the Establishment emanate with the prior approval of the Prime Minister and any attempt to resist, interfere or defy such orders amounts to disobedience to her orders.

4. Not in requently, the Ministeries like to retain officers of their own choice against the police of rotation which eventually harms the promotion prospects of the officers themselves. The Secretaries who are administratively responsible for these matters influence the Ministers write demi-official letters recommending cancellation of postings, which in turn encourage the middling and lower bureaucrats to run around eliciting support to secure postings of their choice. This results in jeopardizing any rational and well considered personnel policy.

5. While the Ministers have the interest of their Ministries in view, the Establishment Division has to oversee the overall picture and, therefore, the point of view of the Ministers cannot always be accommodated.

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6. It has also been observed that some government servants including even those who had served the Martial Law regime with extral enthusiasm, and were overzealous in harassing and persecuting the democratic forces have found patrons within the system. The Establishment Division is thus flooded with their requests (Sifarish) of one type or the other. Whenever an officer who is occupying a favoured position is touched, he starts running around enlisting support of influential people. It seems that the public servants at the moment are doing nothing except lobbying for posting/transfers/promotions etc. I have never discouraged any officer of rank from coming and seeing me if he has a legitimate grievance or problems but it is in the interest of the party and the government to discourage the public servants from destroying the system. You are, therefore, requested to kindly ask an aggrieved officer to come and see me for redressal instead of creating a lobby within the party. It has been decided to enter a ‘red mark’ in the personal record of the officer who resort to ‘sifarish’ (those responsible method) nather than approaching the Establishment Division direct with his problem. If the Establishment Division delays a particular case, the officer concerned can always come with his complaint to me and I will ensure that the people responsible for delaying such cases in the Division are made accountable.

7. I need hardly say that I count on your support in counting these tendencise which are not conducive to good administration, discipline amount the government servants, and above all these image of the Government.

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Subject :-- USE OF INFLUENCE BY GOVERNMENT SERVANTS IN SERVICE MATTERS.

The Prime Minister, on being apprised of increasing tendency on the part of the government servants to resort to extraneous influences for redress of grievances and projection of personal advancement, has been pleased to direct that the instructions on the subject should once again be brought to the notice of the government servants.

2. The Establishment Division has been circulating Instructions, by way of reminding the officers about the Rules and prescribed procedures as also the need to refrain from using personal or family influences through elected representatives or politicians as well as other friends to bring pressure to bear in matter of promotion and postings. This, besides being contrary to the rules and isntructions, is also unbecomming of an officer to allow his personal independence and integrity compromised by securing a benefit which he otherwise deemed as his right or privilege. In this connection the earlier instructions on the subject were circulated as early as 1950 and 1958 vide O. Ms No.4/22/50-8-E.II, dated 24-10-1950 and No. 8/17/57-E-IV, dated 27-2-1958 were followed by circulars/letters by Mr. Vaqar Ahmed (No. 1/38/74-D.IV, dated 8-5-1974), Syed Ijlal Haider Zaidi (No. 5/4/82-R.II, dated 28-4-1982) (Pages 467 to 470 of ESTACODE 1989 Edition), and in 1989 by Rao Abdur Rashid Khan, Advisor to the Prime Minister for Establishment (No. 57-27/86-E.II, dated 25-5-1989---copy enclosed).

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3. You are no doubt aware of the rules which govern the conduct of the government servants in these matters. I would, however, once again draw your attention, particularly to Rule 19 of the Government Servants (Conduct) Rules, 1964, which reads---

“19. Approach to members of the Assemblies etc.-- No Government servant shall, directly or indirectly, approach any Member of the National Assembly or a Provincial Assembly or any other non-official person to intervene on his behalf in any matter.”

While the Government would not like to tamper with the right of government servants to seek redressing of their legitimate grievances in accordance with the rules and prescribed procedures, or by the same token interfere with the privileges of the elected representatives to focus the difficulties of the body of government servants in context of public policy, it is felt that the indiscriminate recourse to this for personal advancement is most regrettable. It is imperative that the government servants act with a sense of moral responsibility, self-discipline, and in manner as would become their senior positions, in all service matters, channel for seeking relief has been provided by way of representations, petitions and memorials, which also ensures self-respect and dignity of the individual officers and they are also saved of obligation to another person, may be a relative or a friend.

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4. I am directed to bring to your notice again and through you to the notice of all government servants serving under you, that any attempt to bring to bear political influence in service matters will be construed as “misconduct” and will be dealt with in accordance with Efficiency and Discipline Rules and other instructions. Besides, a note to this effect may be placed in the character roll dossier of the officials.

5. I would also request you to convey these instructions to heads of corporations and autonomous bodies under your administrative control for compliance by their employees.

Cab-sec : No. DO No. 5/4/82-D.I dated 27-5-1991.

Subject : USE OF INFLUENCE BY GOVERNMENT SERVANTS IN SERVICE MATTERS.

I am directed to invite your attention to this Department’s Circular letters issued from time to time on the subject noted above (details given in th margin) and to enclose photocopy of the Establishment Secretary’s D.O letter No. 5/4/82-D-I, dated 27-5-1990 addressed to all Secretaries to the Federal Government and copy endorsed to all Provincial Chief Secretaries, and its enclosure, on the subject noted above which is self-explanatory.

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(1) No. SOIX.REG (S&GAD) 2/E/2-73 dated 3-7-1978.

(2) No. SOIX.REG (S&GAD) 2/E/2-73 dated 5-6-1982.

(3) No. SOIX.REG (S&GAD) 2/E/2-73 dated 30-6-1986.

(4) No. SOIX.REG (S&GAD) 2/E/2-73 dated 21-2-1989.

(5) No. SOIX.REG (S&GAD) 2/E/2-73 dated 10-9-1989.

(6) No. SOIX.REG (S&GAD) 2/E/2-73 dated 21-5-1989.

2. It is requested that the enclosed instructions may kindly be brought to the notice of all civil servants (including those in the autonomous/Semi-autonomous bodies) under your administrative control for their information guidance and strict compliance.

No. SOR-IV(S&GAD)2/E-2/73, dated the 8th July, 1990.

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