THE PAKISTAN WAPDA EMPLOYEES (CONDUCT) RULES, 1978

THE PAKISTAN WAPDA EMPLOYEES

(CONDUCT) RULES, 1978

1. Short Title and Commencement

(1) These rules may be called the Pakistan Wapda Employees (Conduct) Rules, 1978.

(2) They shall come into force at once.

2. Extent of Application

These rules shall apply to all directly recruited Wapda employees, including those engaged on contract/re-employed, except the officials / officers serving the Authority on deputation.

3. Definition

1. In these rules, unless there is anything repugnant in the subject or context:

(a) "Authority" means, Pakistan Water and Power Development Authority;

(b) "Employee" means, an employee to whom these rules apply;

(c) ''Members of a Wapda employee's family" includes:

(i) his wife/wives, real/step children, residing with him and wholly dependent upon him.

(ii) any other relation of the Wapda employee or his wife, when residing and wholly dependent upon him.

2. Reference to a wife in clause (c) of sub-Rule (1) shall be construed as reference to the husband where the Wapda employee is a woman.

4. Gifts

(1) Save as otherwise provided in the Federal Government Instructions, no Wapda employee shall accept or permit any member of his/her family to accept from any person any gift, the receipt of which will place him/her under any form of official obligation to the donor.

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

*1 5. Acceptance of Foreign Awards

No Wapda employee shall except with the approval of the Chairman, Wapda, accept a foreign award, title or decoration.

*1 Detail instruction issued vide endorsement No. DG (S&GA)/D/(Rules)/07456/23/25703-883 dated 28-06-2000 (Annex-XXIV)

3

Explanation:- For the purposes of this Rule, the expression "approval of the Chairman" 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. Public Demonstration in Honour of Wapda Employee

No Wapda employee shall encourage meetings to be held in his/her honour or presentation of addresses of which the main purpose is to praise him/her.

7. 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/her professional services.

8. Subscriptions

No Wapda employee shall except with the previous sanction of the Authority, ask for, or accept, or in any way, participate in the raising of any subscription or other pecuniary assistance in pursuance of any object whatsoever.

9. Lending and Borrowing

(1) No Wapda employee shall lend money to, or borrow money from, or place himself/herself under any pecuniary obligation to, any person within the local limits of his/her authority or any person with whom he/she has any official dealings:

Provided that a Wapda employee may:-

(i) Deal in the ordinary course of business with a joint-stock Co., 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 Wapda employee is appointed or transferred to a post of such a nature that person from whom he/she has borrowed money or to whom he/she otherwise placed himself/herself under a pecuniary obligation will be subject to his/her official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, the Wapda employee shall forthwith declare the circumstances, if he is an officer in NPS-16 and above to the Authority, through the usual channel, and where he is in NPS-15 and below to the head of his office.

*1 10. Buying and Selling of Valuable Property, Novable and Immovable.

10(1) A Wapda employee who intends to transact any purchase, sale or disposal by other means of moveable or immovable property exceeding in value of Rs. 500,000/- (Five Hundred thousand rupees only) in case of officer in Grade-16 and above and Rs. 100,000/- (One hundred thousand rupees only), in case of employees in Grade-I5 and below with any person shall apply for *2permission to the Head of the Division or the Authority as the case may be. Any such application shall state fully the circumstances, the price offered or demanded and in the case of disposal otherwise than by sale, the method of disposal. Thereafter such Wapda employee shall act in accordance with such orders as may be passed by the Authority;

_____________________________________________________________________________

*1Substituted vide O.M. No. DG (S&GA) D(R)/07456/23/23047-24347 dt.20.03.06 (Annex-XXVI)

*2Competent authorities for according permission declared vide office order dt 23-11-1996 (Annex-XVI)

4

PROVIDED that all transactions with a person, who is an official subordinate of the Wapda employee should be reported to the next higher authority.

EXPLANATION:- In this Rule the term "Property" includes agricultural or urban land, bonds, shares or securities but does not include a plot purchased for the first time for building a house from a Co-operative Housing Society or a Government Housing Scheme.

10(2) A Wapda employee who intends to acquire more than one plot from one or more Cooperative Housing Societies or Government Housing Schemes or intends to dispose off any of plot acquired by him as such shall obtain prior permission of the competent authority, as the case may be, in the manner specified in sub Rule (1).

10-A. Construction of Building, etc,

No Wapda employee shall construct a building, whether intended to be used for residential or commercial purposes, except with the previous sanction of the Authority obtained upon an application made in this behalf disclosing the source from which the cost of such construction shall be met.

*1 11. Declaration of property

Every Wapda employee shall submit to the Authority through the usual channel upto 15th July of each calendar year, an annual declaration of income, Assets and Expenses for each financial year (1st July to 30th June) on a new prescribed Proforma (Annex-A). The same duly filled in and signed shall be forwarded by the employee to their respective Head Offices, detailed as under:-

(1) For officers BPS 20 and above DG (HR&A)

(2) For officers BPS 16 to 19 GM (C&M) Water

*2GMF (Coord.) including offices of GMF P/W

CE (Admn) P

Chief Auditor

Dir (Est.)

(3) For official BPS 1 to 15 Respective GM/CE/Directors

“The Proforma shall be opened in the relevant offices, as above, each year and entered in the database of each employee’s Assets, Income, Expenses keeping it updated and complete in all respects”.

12. Disclosure of Assets, immovable, Movable and Liquid

A Wapda employee shall, as and when he/she is so required by the Authority, by a General, or Special order, furnish information as to his/her assets, disclosing liquid assets and all other properties, immovable or movable, including, shares, certificates, insurance policies, cash and jewellery.

_____________________________________________________________________________

*1Substituted Vide O.M.No. S/DD (Rules)/07456/23/23047-24347 dt. 20.3.06 (Annex-XXVI)

*2Post upgraded vide O.O No. SO (IMPL.)/12-29/Ins/Vol-I/7715-643 dt 24.5.12 (Annexure- )

5

13. Speculation and Investment

(1) No Wapda employee 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) (a) No Wapda employee shall make, or permit any member of his/her family to make, any investment likely to embarrass or influence him/her in the discharge of his/her official duties. .

*1(b) All Wapda employees shall furnish a declaration to the effect that :-

(i) None of his/her family members will engage in any contractual business with the Authority.

(ii) If any of his/her near relatives, not covered under (i) above, engage in any such business with Wapda, he/she shall inform the authority about it.

*2Note: Dependents of WAPDA employees will not seek employment in firms/companies doing business with WAPDA

(3) No Wapda employee shall make any investment information of the value of which is available to him/her as a Wapda employee and is not equally available to the general public.

(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 the Authority thereon shall be final.

*3 13-A No Wapda employee shall take up a course of study during evening at educational institutions without the prior permission of his appointing authority. No such permission shall be granted unless the competent authority is satisfied that the prosecution of studies will not interfere with the Wapda employee's official duties. Such permission may be withdrawn if the competent authority is convinced that the Wapda employee is taking part in politics or prosecution of such studies is interfering with the satisfactory performance of his duties.

*4 For both the Ph. D / Master Degree to execute a bond of Rs.50,000/- for two years where expenses are reimbursed by WAPDA.

*4 Surety Bond at Own Expense:

For Ph. D: To execute a bond to serve for 3 years or to pay Rs.200,000/-

For Master Degree: To execute a bond to serve for 2 years or to pay Rs.100,000/-

*5 Clarification

Rules 13-A of the "Pakistan Wapda Employees (Conduct) Rules, 1978" is quite clear. Permission of the appointing authority is not required in case an employee intends to appear in an examination as a private candidate and does not seek admission in the evening classes.

_____________________________________________________________________________

*1Added Vide O.M No. DG (S&GA)/DD(R)/07456/23/36168-37467 dated 25-09-97 (Annexure-XVII)

*2O.O No. GM (A)/AD(EI-A)/37507-38806 dt 9/14th Oct. 1999 (Annexure-XX)

*3Added Vide OM. No. S/DD (Rules)/07456/22/Vol-II/66588-67367, dated 31.8.83 (Annexure-V)

*4D/DD(Rules)/07456/46/44053-700 dt. 29.11.2007 (Annexure-XXVIII)

*5Clarification issued vide No. DG/DD(R)/07456/23/318 dt. 20.5.1985 (Annexure-X)

6

14. Private Trade, Employment or Work

(1) No Wapda employee shall except with the previous sanction of the Authority, engage in any trade, or undertake any employment or work, other than his/her official duties :

Provided that he/she 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/her official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his/her position or obligation as a Wapda employee; but he/she shall not undertake or shall discontinue such work if so directed by the Authority. A Wapda employee who has any doubt about the propriety of undertaking any particular work should refer the matter for the orders of the Authority:

Provided further that a Wapda employee (below Grade-16) may, without such sanction, undertake a small enterprise which absorbs family labour and where he/she does so, shall file details of enterprise, alongwith the declaration of assets.

(2) Notwithstanding anything contained in sub-rule (1), no Wapda employee shall associate himself/herself with any private trust, foundation *1Housing Society or similar other institution which is not sponsored by the Authority/Government.

(3) This rule does not apply to sports activities and membership of recreation clubs.

14-A. Subletting of Residential Accommodation Allotted by the Authority

No Wapda employee shall, except with the prior permission of the Authority, sublet residential accommodation or any portion thereof, let to him/her by the Authority.

14-B. Wapda Employee not to Live Beyond his Means etc.

No Wapda employee shall live beyond his/her means or indulge in ostentation on occasions of marriage or other ceremonies.

15. Insolvency and Habitual Indebtedness

A Wapda employee shall avoid habitual indebtedness. If a Wapda employee is adjudged or declared insolvent or if the whole of that portion of his/her 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/she cannot repay within a period of two years, he/she shall be presumed to have contravened this rule unless he/she proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence he/she could not have foreseen, or over which he/she had no control and has not proceeded from extravagant or dissipated habits.

(2) A Wapda employee who applies to be or is adjudged or declared insolvent, shall forthwith report his/her insolvency to respective Head of the Division/Authority, as the case may be.

16. Unauthorized Communication of Official Documents or Information

No Wapda employee shall, except in accordance with any special or general order of the Authority, communicate directly or indirectly any official information or the contents of any official

_____________________________________________________________________________

*1Added vide O.M. No. DG (S&GA)/DD (R)/07456/22/III/51134-52409 dt. 21-09-92 (Annex-XV)

7

documents, to a Wapda employee not authorized to receive it, or to a non-official person, or to the press.

17. Approach to Members of the Assemblies, etc.

No Wapda employee shall, directly or indirectly, approach any Member of the National Assembly or Provincial Assembly or any other non-official person, to intervene on his/ her behalf, in any matter.

*1 17 -A. Approach to President/Senior Officers of the Government

No Wapda Officer/employee should address representations direct to the President of Pakistan/Senior Officers of the Government.

18. Management etc., of Newspapers or Periodicals

No Wapda employee shall, except with the previous sanction of the Authority, own wholly, or in part, or conduct, or participate in the editing, or management of any newspaper or other periodical or publications. .

19. Radio Broadcast or T.V. Programme and Communications to the Press

No Wapda employee shall, except with the previous sanction of the Authority or any other authority empowered by it in this behalf, or in the bonafide discharge of his/her duties, participate in a radio broadcast or T.V. Programme, or contribute any article or write any letter, either anonymously or in his/her own name, or in the name of any other person, to any newspaper or periodical:

Provided that such sanction shall generally be granted, if such broadcast or T.V. Programme, or such contribution, or letter is not, or may not be considered likely to jeopardize the integrity of the Wapda employee, 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 or T.V. Programme or such contribution or letter is of a purely literary artistic or scientific character.

19-A Where a Wapda employee submits the draft of a literary, artistic or scientific article or book for obtaining previous sanction for its publication, he shall be informed within three months of his doing so whether he has or has not such sanction; and, if no communication is issued to him within that period, he shall be entitled to presume that the sanction asked for has been granted.

*2 20. Publication of Information and Public speeches capable of embarrassing the Authority/Government

No Wapda employee shall, in any document, published or in any public utterance, or T.V. Programme or in any Radio broadcast delivered by him, make any statement of fact or opinion which is capable of embarrassing the Authority/Government:

*1Added vide OM. No. S/DD (Rules) 07456/22/Vol.III/111605-2404, dated 24-12-1984 (Annex-IX)

*2Substituted Vide OM. No. S/DD (Rules)/07456/22/312-1191 dated 3-1-1984 (Annex-VII)

8

Provided that technical staff (of all grades) may publish research papers on technical subjects if such papers do not express views on political issues, or on the Authority's/ Government's policy and do not include any information of a classified nature.

21. Evidence before Committee

(1) No Wapda employee shall give evidence before a public committee, except with the previous sanction of the Authority.

(2) No Wapda employee, giving such evidence, shall criticize the policy or decision of the Authority.

(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.

22. Taking Part in Politics and Elections

(1) No Wapda employee 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 Wapda employee 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 Wapda employee shall canvass or otherwise interfere or use his/her influence in connection with or take part in any election to a legislative body, whether in Pakistan, or elsewhere:

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

(4) No Wapda employee shall permit any member of his/her family to act in a manner in which he/she himself/herself is not permitted by sub-rule (3) to act.

(5) A Wapda employee who issues an address to electors, or in any other manner, publicly announces himself/herself, or allows himself/herself 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-rule (3) and (5) shall so far, as may be, apply to elections to local authorities or bodies, save in respect of Wapda employees required or permitted by, or under any law or order of the Authority, 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 the Authority thereon shall be final.

9

23. Propagation of Sectarian Creeds, etc.

No Wapda employee shall propagate such sectarian creeds or take part in such sectarian controversies or indulge in such sectarian partiality and favourtism, as are likely to affect his/her integrity in the discharge of his/her duties, or to embarrass the administration, or create feelings of discontent or displeasure amongst the Wapda employees.

23-A. Wapda Employees not to express views against ideology of Pakistan

No Wapda employee shall express views detrimental to the ideology or integrity of Pakistan.

*1 23-B. Wapda Employees not to take part in or assist, any public demonstration against Government/Wapda decisions etc.

No Wapda employee shall take part in, or in any manner assist, any public demonstration directed against a Government / Wapda decision or policy or permit any member of his family dependent upon him to do so.

24. Nepotism, Favouritism and Victimization, etc.

No Wapda employee shall indulge in provincialism, parochialism, nepotism, favouritism or wilful abuse of office.

25. Vindication by Wapda Employees of their Public Acts or Character

(1) A Wapda employee may not, without the previous sanction of the Authority, have recourse to any Court or to the Press, for the vindication of his/her public acts or character, from defamatory attacks. When the Authority grants sanction, to a Wapda employee to have recourse to a Court, the Authority will ordinarily bear the cost of the proceedings, but may leave the Wapda employee to institute them, at his own expense. In the later case, if he/she obtains a decision in his/her favour, the Authority may reimburse, him/her 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 Wapda employee to vindicate his/her private acts or character.

26. Membership of Service Associations

No Wapda employee shall be a member, representative or officer of any association, representing or purporting to represent Wapda employees or any class of Wapda employees, unless such association satisfies the following conditions, namely:

(a) Membership of the association and its office-bearers shall be confined to, a distinct class of Wapda employees and shall be open to all Wapda employees of that class.

*1 Substituted Vide O. M. No. S/DD (Rules)/07456/22/312-1191, dated 3.1.1984 (Annex-VII)

10

(b) The association shall not be in any way connected with, or affiliated to any association, which does not, or any federation of associations, which do not satisfy condition (a) above.

(c) The association shall not be in any way connected with any political party or organization, or engage in any political activity.

(d) The association shall not :

(i) issue or maintain any periodical publication except in accordance with any general or special order of the Authority; and

11

(ii) except with the previous sanction of the Authority, publish any representation on behalf of its members, whether in the press or otherwise.

(e) The association shall not, in respect of any election to a legislative body, or to a local authority or body, whether in Pakistan or elsewhere:-

(i) pay or contribute towards, any expenses incurred in connection with his/her candidature by a candidate for such election;

(ii) by any means support the candidature of any person for such election; or

(iii) undertake or assist in the registration of electors, or the selection of a candidate for such election.

(f) The association shall not:-

(i) maintain, or contribute towards the maintenance of, any member of a legislative body, or of any member of a local authority or body, whether in Pakistan or elsewhere ; or

(ii) Pay, or contribute towards the expenses of any trade union which has constituted a fund under section 16 of the Trade Unions Act, 1926 (XVI of 1926).

27. Use of Political or other Influence

No Wapda employee shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on the Authority or any Wapda employee in support of any claim arising in connection with his/her employment as such.

*1 28. Approaching Foreign Missions, Aid-Giving Agencies and submission of Applications for Employment etc. to other Organizations within the country and abroad

(a) No Wapda employee shall directly or indirectly:-

(i) approach a Foreign Mission in Pakistan or any Foreign Aid-Giving Agency etc. in Pakistan or abroad, to secure for himself/ herself invitation to visit a foreign country or to elicit offers of training facilities abroad; and

(ii) submit application for employment or training facilities etc. to other Organi-zations within the country or abroad except through the authority competent to accord such permission.

(b) Communication in any manner, whatsoever, written or verbal on service matters including postings and transfers etc. and forwarding advance copies of requests to the Agencies/Organizations referred to above shall not be made by any employee except through the appropriate channel within the Authority.

*1Substituted Vide O.M No. S/DD (Rules)/07456/22/83031-810 dated 19-10-1983 (Annexure-VI)

12

29. Delegation of Powers.

The Authority may, by general or special order, delegate to any officer or authority subordinate to it, all or any of its powers under these rules, and may, by such order, prescribe the channel through which reports shall be made to the Authority and the officers, receipt by whom of such reports shall be regarded as receipts of the reports by the Authority within the meaning of these rules.

30. 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 of any competent authority, for the time being in force, relating to the conduct of Wapda employees.