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  "title": "PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006",
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  "text": "THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND \r\nACCOUNTABILITY ACT 2006 \r\n(XII of 2006) \r\nCONTENTS \r\n1. Short title, extent, commencement and application \r\n2. Definitions \r\n3. Grounds for proceedings and penalty \r\n4. Penalties \r\n5. Initiation of proceedings \r\n6. Suspension \r\n7. Procedure where inquiry is dispensed with \r\n8. Action in case of conviction or plea bargain under any law \r\n9. Procedure to be followed by competent authority where inquiry is \r\nnecessary \r\n10. Procedure to be followed by inquiry officer or inquiry committee \r\n11. Powers of the inquiry officer or inquiry committee \r\n12. Duties of the departmental representative \r\n13. Order to be passed by the competent  authority on receipt of report from \r\nthe inquiry officer or inquiry committee \r\n14. Personal hearing \r\n15. Procedure of inquiry against officers lent to other governments, etc \r\n16. Departmental appeal and review \r\n17. Revision \r\n18. Appearance of counsel \r\n19. Appeal before the Service Tribunal \r\n20. Act to override other laws \r\n21. Proceedings under this Act \r\n22. Indemnity \r\n23. Jurisdiction barred \r\n24. Power to make rules \r\n25. Removal of difficulties \r\n26. Repeal \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND \r\nACCOUNTABILITY ACT 2006 \r\n(XII of 2006) \r\n[17th October, 2006] \r\nAn \r\nAct \r\nto provide for proceedings against the employees in government and corporation \r\nservice in relation to their efficiency, discipline and accountability. \r\nPreamble.– Whereas it is expedient and necessary in the public interest and for \r\ngood governance to provide measures for improvement of efficiency, discipline and \r\naccountability of e mployees in government and corporation service and matters \r\nconnected therewith or ancillary thereto; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent, commencement and application .– (1) This Act may be \r\ncalled the Punjab Employees Efficiency, Discipline and Accountability Act 2006. \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n(4) It shall apply to– \r\n(i) employees in government service; \r\n(ii) employees in corporation service; and \r\n(iii) retired employees of government and corporation se rvice; provided \r\nthat proceedings under this Act are initiated against them during their \r\nservice or within one year of their retirement. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) “accused” means a person  who is or has been an employee and \r\nagainst whom action is initiated under this Act; \r\n(b) “appellate authority ” means the authority next above the competent \r\nauthority to which an appeal lies against the orders of the competent \r\nauthority; \r\n(c) “appointing authority” in relation to an employee or class of employees \r\nmeans an appointing authority declared or notified as such by an order \r\nof the Government or organization or under the rules, etc ., as may be \r\napplicable to such employee or class of employees; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 2nd  October, 2006; assented to by the Governor of the Punjab on 13t h   \r\nOctober, 2006; and, was published in the Punjab Gazette (Extraordinary), dated 17th   October, 2006, pages 1385-1394. \r\n(d) “charge” means allegations framed against the accused pertaining to \r\nacts of omission or commission cognizable under this Act; \r\n(e) “Chief Minister” means the Chief Minister of the Punjab; \r\n(f) “competent authority” means– \r\n(i) the Chief Minister; or \r\n(ii) in relation to any employee or class of employees, any officer or \r\nauthority authorized by the Chief Minister to exercise the powers \r\nof competent authority under this Act ; provided that such officer \r\nor authority shall not be inferior in rank to the appointing authority \r\nprescribed for the post held by the employee against whom action \r\nis to be taken; or \r\n(iii) in relation to an employee of a tribunal or court, functioning \r\nunder the Government, the appointing authority or the chairman \r\nor presiding officer of such tribunal or court, as the case may be, \r\nauthorized by the appointing authority to exercise the powers of \r\ncompetent authority under this Act: \r\nProvided that where two or more employees are to be \r\nproceeded against jointly, the competent authority in relation to \r\nsenior most employee in rank shall be the competent authority \r\nin respect of all the accused: \r\nProvided further that where the competent authority, other than \r\nthe Chief Minister, has any interest in the result of proceedings \r\nunder this Act, and does not desire to act as competent \r\nauthority due to personal reasons, he shall not proceed with the \r\ncase and shall report the matter to the next higher authority who \r\nshall authorize another officer of the corresponding rank and \r\nstatus to act as the competent authority in a specific case; \r\n(g) “corruption” means– \r\n(i) accepting or obtaining or offering any gratification or valuable \r\nthing, directly or indirectly, other than legal remuneration, as a \r\nreward for doing or for bearing to do any official act; or \r\n(ii) dishonestly or  fraudulently misappropriating, or indulging in \r\nembezzlement or misusing Government property or resources; \r\nor \r\n(iii) possession of pecuniary sources or property by an employee or \r\nany of his dependents or any other person, through him or on \r\nhis behalf, which  cannot be accounted for and which are \r\ndisproportionate to his known sources of income; or \r\n(iv) maintaining standard of living beyond known sources of income; \r\nor \r\n(v) having a reputation of being corrupt; or \r\n(vi) entering into plea bargain under any law for  the time being in \r\nforce and return the assets or gains acquired through corruption \r\nor corrupt practices, voluntarily; \r\n \r\n(h) “employee” means a person– \r\n(i) in the employment of a corporation, corporate body, \r\nautonomous body, authority, statutory body or any other \r\norganization or institution set up, established, owned, managed \r\nor controlled by the Government, by or under any law for the \r\ntime being in force or a body or organization in which the \r\nGovernment has a controlling share or interest and includes the \r\nchairman and the chief executive and the holder of any other \r\noffice therein; and \r\n2\r\n[(ii) in Government service or who is a member of a civil service of \r\nthe province or who holds a civil post in connection with the \r\naffairs of the province or any employee servi ng in any court or \r\ntribunal set up or established by the Government but does not \r\ninclude– \r\n(aa) a Judge of the Lahore High Court or any court \r\nsubordinate to that Court or an employee of such courts; \r\nand \r\n (bb) an employee of Police.] \r\n(i) “Government” means the Government of the Punjab; \r\n(j) “hearing officer ” means an officer, senior in rank to the accused, \r\nappointed by any authority competent to appoint hearing officer, to \r\nafford an opportunity of personal hearing to the accused on behalf of \r\nthe authority concerned; \r\n(k) “inefficiency” means failure to–  \r\n(i) efficiently perform functions assigned to an employee in the \r\ndischarge of his duties; or  \r\n(ii) qualify departmental examination in three consecutive attempts; \r\n(l) “inquiry committee ” means a committee of two  or more officers, \r\nheaded by a convener, as may be appointed by the competent \r\nauthority under this Act;  \r\n(m) “inquiry officer” means an officer appointed by the competent authority \r\nunder this Act; \r\n(n) “misconduct” includes– \r\n(i) conduct prejudicial to good order or service discipline; or \r\n(ii) conduct contrary to the conduct rules, for the time being in \r\nforce; or \r\n(iii) conduct unbecoming of an officer and a gentleman; or  \r\n(iv) involvement or participation for gain directly or indirectly, in \r\nindustry, trade or speculative transactions by abuse or misuse of \r\nofficial position to gain undue advantage or assumption of such \r\n                                                           \r\n2Substituted by the Punjab Employees Efficiency, Discipline and  Accountability (Amendment) Act  2012 (XLVI of 2012) , w.e.f. \r\n30.7.2012, s.2; and published in the Punjab Gazette (Extraordinary), page 407. \r\nfinancial or other obligations in relation to private institutions or \r\npersons, as may compromise the performance of official duties \r\nor functions; or \r\n(v) any act to bring or attempt to bring outside influence directly or \r\nindirectly to bear on the Governor, the Chief Minister, a Minister, \r\nor any other authority in respect of any matter relating to the \r\nappointment, promotion, transfer, punishment, ret irement or \r\nother conditions of service; or \r\n(vi) making appointment or promotion or having been appointed or \r\npromoted on extraneous grounds in violation of any law or rules; \r\nor \r\n(vii) absence from duty without prior approval of leave; or \r\n(viii) acquittal by a court of law as a result of compounding of an \r\noffence involving moral turpitude or affecting human body; or \r\n(ix) conviction for an offence by a court of law;  \r\n(o) “prescribed” means prescribed by rules made under this Act; and  \r\n(p) “section” means section of this Act. \r\n3. Grounds for proceedings and penalty .– An employee shall be liable to be \r\nproceeded against under this Act, if he is– \r\n(i) inefficient or has ceased to be efficient for any reason; or  \r\n(ii) guilty of misconduct; or \r\n(iii) guilty of corruption or is reasonably considered to be corrupt; or \r\n(iv) engaged or is reasonably believed to be engaged in subversive \r\nactivities, and his retention in service is prejudicial to national security, \r\nor is guilty of disclosure of official secrets to any unauthorized person. \r\n4. Penalties.– (1) The competent authority may, notwithstanding anything \r\ncontained in any law or the terms and conditions of service of the accused, by an \r\norder in writing, impose one or more of the following penalties, namely:– \r\n(a) Minor penalties– \r\n(i) censure; \r\n(ii) withholding of increment or increments, for a specific period, \r\nsubject to a maximum of five years; \r\n(iii) fine not exceeding basic pay of one month; \r\n(iv) reduction to a lower stage or stages in pay scale, subject to a \r\nmaximum of five stages \r\n3\r\n[for a specific period]; and \r\n(v) withholding of promotion for a specific period, subject to a \r\nmaximum of five years; provided that this period shall be \r\n                                                           \r\n3Inserted by the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act 201 7 (XXV of 2017), published \r\nin the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.2 \r\n \r\ncounted from the date when a person junior to the accused is \r\nconsidered for promotion and is prom oted on regular basis for \r\nthe first time; \r\n(b) Major penalties– \r\n(i) recovery from pay, pension or any other amount payable to the \r\naccused, the whole or a part of any pecuniary loss caused to \r\nthe Government or the organization in which he was employed, \r\nand if the amount due from any such person cannot be wholly \r\nrecovered from the pay, pension or any other amount payable to \r\nhim, such amount shall be recovered under the law for the time \r\nbeing in force; \r\n(ii)  reduction to a lower post and pay scale from the subs tantive or \r\nregular post for a specific period subject to a maximum of five \r\nyears;  \r\n(iii) forfeiture of past service for a specific period subject to a \r\nmaximum of five  years; \r\n(iv) compulsory retirement; \r\n(v) removal from service; and \r\n(vi) dismissal from service; and \r\n(c) Penalties after retirement– \r\n(i) withholding of pension or any part thereof  \r\n4\r\n[for a specific period \r\nkeeping in view the loss caused to the Government;] \r\n(ii) withdrawing of pension or any part thereof  \r\n5\r\n[for a specific period \r\nkeeping in view the loss caused to Government;] \r\n(iii) recovery from pension or any other amount payable to the \r\naccused, of pecuniary loss caused to the Government or the \r\norganization in which he was employed, and if the amount due \r\nfrom any such person cannot be wholly recove red from the \r\npension or any other amount payable to him, such amount shall \r\nbe recovered under the law for the time being in force. \r\n(2) Dismissal from service under this Act shall disqualify the employee for \r\nfuture employment under the Government or under a ny organization to which the \r\nprovisions of this Act apply.  \r\n(3) Any penalty under this Act shall not absolve an employee or accused \r\nfrom liability to any punishment to which he may be liable for an offence, under any \r\nlaw, committed by him while in service. \r\n                                                           \r\n4Inserted by the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act 2017 (XXV of 2017), published \r\nin the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.2 \r\n5Inserted by the Punjab Employee s Efficiency, Discipline and Accountability (Amendment) Act 2017 (XXV of 2017), published \r\nin the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.2 \r\n5. Initiation of proceedings .– (1) If on the basis of its own knowledge or \r\ninformation placed before it, the competent authority is of the opinion that there are \r\nsufficient grounds for initiating proceedings against an employee under this Act, it \r\nshall either– \r\n(a) proceed itself against the accused by issuing a s how cause notice \r\nunder section 7 and , for reasons to be recorded in writing, dispense \r\nwith the inquiry:  \r\nProvided that no opportunity of showing cause or personal hearing \r\nshall be given where– \r\n(i) the competent authority is satisfied that in the interest of security \r\nof Pakistan or any part thereof, it is not expedient to give such \r\nan opportunity; or \r\n(ii) an employee has entered into plea bargain under any law for the \r\ntime being in force or has been convicted of the charges of \r\ncorruption which have led to a sentence of fine or imprisonment; \r\nor  \r\n(iii) an employee is involved in subversive activities; or \r\n(iv) it is not reasonably practicable to give such an opportunity to the \r\naccused; or \r\n(b) get an inqu iry conducted into the charge or charges against the \r\naccused, by appointing an inquiry officer or an inquiry committee, as \r\nthe case may be, under section 10:  \r\nProvided that the competent authority shall dispense with the inquiry \r\nwhere– \r\n(i) an employee has been convicted of any offence other than \r\ncorruption by a court of law under any law for the time being in \r\nforce; or \r\n(ii) an employee is or has been absent from duty without prior \r\napproval of leave: \r\nProvided further that the competent authority may dispense  with \r\nthe inquiry where it is in possession of sufficient documentary \r\nevidence against the accused or , for reasons to be recorded in \r\nwriting, he is satisfied that there is no need to hold an inquiry. \r\n(2) The orders of inquiry or the show cause notice, as t he case may be, \r\nshall be signed by the competent authority; provided that where the Chief Minister is \r\nthe competent authority, the same shall be signed by such officer as may be \r\nauthorized by him in this behalf. \r\n6. Suspension.– An employee against whom act ion is proposed to be initiated \r\nunder section 5 may be placed under suspension for a period of ninety days, if in the \r\nopinion of the competent authority, suspension is necessary or expedient, and if the \r\nperiod of suspension is not extended for a further pe riod of ninety days within thirty \r\ndays of the expiry of initial period of suspension, the employee shall be deemed to \r\nbe reinstated: \r\n \r\n Provided that the continuation of the period of suspension shall require the \r\nprior approval of the competent authority for each period of extension.  \r\n7. Procedure where inquiry is dispensed with .– If the competent authority \r\ndecides that it is not necessary to hold an inquiry against the accused under section \r\n5, it shall–  \r\n(a) inform the accused by an order in writing, of the grounds for \r\nproceeding against him, clearly specifying the charges therein, \r\nalongwith apportionment of responsibility and the penalty or penalties \r\nproposed to be imposed upon him; \r\n(b) give him a reasonable opportunity of showing cause against the \r\nproposed action, within seven days of receipt of the order or within \r\nsuch extended period as the competent authority may determine; \r\n(c) on receipt of reply of the accused within the stipulated period or after \r\nthe expiry thereof, if no reply is received, determine whether the charge \r\nor charges have been proved against the accused or not: \r\nProvided that after receipt of reply to the show cause notice from the \r\naccused, the competent authority, except where the Chief Minister \r\nhimself is the competent authority, shall dec ide the case within a \r\nperiod of ninety days, excluding the time during which the post held by \r\nthe competent authority remained vacant due to certain reasons: \r\nProvided further that if the case is not decided by the competent \r\nauthority within the prescribed period of ninety days, the accused may \r\nfile an application before the appellate authority for early decision of his  \r\ncase, which may direct the competent authority to decide the case \r\nwithin a specified period. \r\n(d) afford an opportunity of personal hearing e ither itself or through the \r\nhearing officer, before passing any order of penalty under clause (f), if \r\nit is determined that the charge or charges have been proved against \r\nhim; provided that the hearing officer shall only be appointed where the \r\ncompetent au thority is of the rank of Secretary to Government of the \r\nPunjab or above; and  \r\n(e) exonerate the accused, by an order in writing, if it is determined that \r\nthe charge or charges have not been proved against him; and \r\n(f) impose any one or more penalties ment ioned in section 4, by an order \r\nin writing, if the charge or charges are proved against the accused:   \r\nProvided that– \r\n(i) where charge or charges of grave corruption are proved against \r\nan accused, the penalty of dismissal from service shall be \r\nimposed, in addition to the penalty of recovery, if any; and \r\n(ii) where charge of absence from duty for a period of more than \r\none year is proved against the accused, the penalty of \r\ncompulsory retirement or removal or dismissal from service shall \r\nbe imposed upon the accused. \r\n8. Action in case of conviction  or plea bargain under any law .– Where an \r\nemployee is convicted by a court of law or has entered into plea bargain or has been \r\nacquitted by a court of law as a result of compounding of an offence involving moral \r\nturpitude or affecting human body under any law for the time being in force, the \r\ncompetent authority, after examining facts of the case, shall – \r\n(a) dismiss the employee, where he has been convicted of charges of \r\ncorruption or has entered into plea bargain and ha s returned the \r\nassets or gains acquired through corruption or corrupt practices  \r\nvoluntarily; or \r\n(b) proceed against the employee under section 7, where he has been \r\nconvicted of charges other than corruption; or \r\n(c) proceed against the employee under sectio n 9, where he has been \r\nacquitted by a court of law as a result of compounding of an offence \r\ninvolving moral turpitude or affecting human body. \r\n9. Procedure to be followed by competent authority where inquiry is \r\nnecessary.– (1) If the competent authority de cides that it is necessary to hold an \r\ninquiry against the accused under section 5, it shall pass an order of inquiry in \r\nwriting, which shall include– \r\n(a) appointment of an inquiry officer or an inquiry committee; provided that \r\nthe inquiry officer or the co nvener of inquiry committee, as the case \r\nmay be, shall be of a rank senior to the accused and where two or \r\nmore accused are proceeded against jointly, the inquiry officer or the \r\nconvener of the inquiry committee shall be of a rank senior to the \r\nsenior most accused;  \r\n(b) the grounds for proceeding, clearly specifying the charges along  with \r\napportionment of responsibility; \r\n(c) appointment of the departmental representative by designation; and  \r\n(d) direction to the accused to submit written defence to the inquiry officer \r\nor the inquiry committee, as the case may be, within seven days of the \r\ndate of receipt of orders or within such extended period as the \r\ncompetent authority may determine. \r\n(2) The record of the case and the list of witnesses, if any, shall be \r\ncommunicated to the inquiry officer or the inquiry committee, as the case may be, \r\nalong with the orders of inquiry. \r\n10. Procedure to be followed by inquiry officer or inquiry committee .– (1) On \r\nreceipt of reply of the accused or on expiry of the stipulated per iod if no reply is \r\nreceived from the accused, the inquiry officer or the inquiry committee, as the case \r\nmay be, shall inquire into the charges and may examine such oral or documentary \r\nevidence in support of the charge or in defence of the accused as may be  \r\nconsidered necessary and where any witness is produced by one party, the other \r\nparty shall be entitled to cross examine such witness. \r\n(2) If the accused fails to furnish his reply within the stipulated period, or \r\nextended period, if any, the inquiry offic er or the inquiry committee, as the case may \r\nbe, shall proceed with the inquiry ex parte. \r\n \r\n(3) The inquiry officer or the inquiry committee, as the case may be, shall \r\nhear the case from day to day and no adjournment shall be given except for reasons \r\nto be recorded in writing, in which case it shall not be of more than seven days. \r\n(4) Where the inquiry officer or the inquiry committee, as the case may be, \r\nis satisfied that the accused is hampering or attempting to hamper the progress of \r\nthe inquiry, he or it shall administer a warning and if, thereafter, he or it is satisfied \r\nthat the accused is acting in disregard to the warning, he or it shall record a finding \r\nto that effect and proceed to complete the inquiry in such manner as may be \r\ndeemed expedient in the interest of justice. \r\n(5) If the accused absents himself from the inquiry on medical grounds, he \r\nshall be deemed to have hampered or attempted to hamper the progress of the \r\ninquiry, unless medical leave, applied for by him, is sanctioned on the \r\nrecommendation of a Medical Board; provided that the competent authority may, in \r\nits discretion, sanction medical leave up to seven days without recommendation of \r\nthe Medical Board. \r\n(6) The inquiry officer or the inquiry committee, as the case may be, shall \r\nsubmit his or its report, containing clear findings as to whether the charge or charges \r\nhave been proved or not and specific recommendations regarding exoneration or , \r\nimposition of penalty or penalties, to the competent authority within sixty days of the \r\ninitiation of inquiry: \r\n Provided that where the inquiry cannot be completed within sixty days, the \r\ninquiry officer or the inquiry committee, as the case may be, shall seek extension for \r\nspecific period from the competent authority, for reasons to be recorded in writ ing:  \r\n Provided further that the inquiry shall not be vitiated merely on the grounds of \r\nnon-observance of the time schedule for completion of inquiry: \r\n Provided further that the recommendations of the inquiry officer or the inquiry \r\ncommittee, as the case may be, shall not be binding on the competent authority. \r\n11. Powers of the inquiry officer or inquiry committee.– (1) For the purpose of \r\nan inquiry under this Act, the inquiry officer and the inquiry committee shall have the \r\npowers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V \r\nof 1908), in respect of the following:– \r\n(a) summoning and enforcing the attendance of any person and \r\nexamining him on oath;  \r\n(b) requiring the discovery and production of documents, and receiving \r\nevidence on affidavits; and \r\n(c) issuing commissions for the examination of witnesses or documents. \r\n(2) The proceedings under this Act shall be deemed to be judicial \r\nproceedings within the meaning of sections 193 and 228 of the Pakistan Penal \r\nCode, 1860 (Act XLV of 1860). \r\n12. Duties of the departmental representative.– The departmental representative \r\nshall perform the following duties, namely– \r\n(a) render full assistance to the inquiry officer or the inquiry committee or \r\nhearing officer or the authority concerned, a s the case may be, during \r\nthe proceedings where he shall be personally present and fully \r\nprepared with all the relevant record relating to the case, on each date \r\nof hearing;  \r\n(b) cross-examine the witnesses produced by the accused and with \r\npermission of th e inquiry officer or inquiry committee, as the case may \r\nbe, the prosecution witnesses in case of their turning hostile; and \r\n(c) rebut the grounds of defence offered by the accused before the \r\nhearing officer or the authority concerned. \r\n13. Order to be passe d by the competent authority on receipt of report from \r\nthe inquiry officer or inquiry committee .– (1) On receipt of the report from the \r\ninquiry officer or inquiry committee, as the case may be, the competent authority \r\nshall examine the report and the relev ant case material and determine whether the \r\ninquiry has been conducted in accordance with the provisions of this Act. \r\n(2) If the competent authority is satisfied that the inquiry has been \r\nconducted in accordance with the provisions of this Act, it shall fu rther determine \r\nwhether the charge or charges have been proved against the accused or not. \r\n(3) Where the charge or charges have not been proved, the competent \r\nauthority shall exonerate the accused by an order in writing. \r\n(4) Where the charge or charges hav e been proved against the accused, \r\nthe competent authority shall issue a show cause notice to the accused by which it \r\nshall– \r\n(a) inform him of the charges proved against him and the penalty or \r\npenalties proposed to be imposed upon him by the inquiry office r or \r\ninquiry committee; \r\n(b) give him reasonable opportunity of showing cause against the penalty \r\nor penalties proposed to be imposed upon him and to submit as to why \r\none or more of the penalties as provided in section 4 may not be \r\nimposed upon him and to s ubmit additional defence in writing, if any, \r\nwithin seven days of the receipt of the notice, before itself or the \r\nhearing officer, as the case may be; \r\n(c) indicate the date of personal hearing or appoint a hearing officer to \r\nafford an opportunity of person al hearing on his behalf; provided that  \r\nthe hearing officer shall only be appointed where the competent \r\nauthority is of the rank of Secretary to Government of the Punjab or \r\nabove.  \r\n(d) provide a copy of the inquiry report to the accused; and \r\n(e) direct the departmental representative to appear, with all the relevant \r\nrecord, on the date of hearing before himself or the hearing officer, as \r\nthe case may be. \r\n(5) After affording personal hearing to the accused or on receipt of the \r\nreport of the hearing officer,  the competent authority shall, keeping in view the \r\nfindings and recommendations of the inquiry officer or inquiry committee, as the \r\ncase may be, facts of the case and defen ce offered by the accused during personal \r\nhearing, by an order in writing– \r\n \r\n(i) exonerate the accused; or  \r\n(ii) impose any one or more of the penalties specified in section 4: \r\nProvided that– \r\n(i) where charge or charges of grave corruption are proved against \r\nan accused, the penalty of dismissal from service shall be \r\nimposed, in addition to the penalty of recovery, if any; and \r\n(ii) where charge of absence from duty for a period of more than \r\none year is proved against the accused, the penalty of \r\ncompulsory retirement or removal or dismissal from service shall \r\nbe imposed upon the accused. \r\n(6) Where the competent authority is satisfied that the inquiry proceedings \r\nhave not been conducted in accordance with the provisions of this Act or the facts \r\nand merits of the case have been ignored or there are other sufficient grounds, it \r\nmay, after recordi ng reasons  in writing,  either remand the inquiry to the inquiry \r\nofficer or the inquiry committee, as the case may be, with such directions as the \r\ncompetent authority may like to give, or may order a de novo inquiry. \r\n(7) After receipt of inquiry report, the  competent authority, except where \r\nthe Chief Minister himself is the competent authority, shall decide the case within a \r\nperiod of \r\n6\r\n[sixty days ], excluding the time during which the post held by the \r\ncompetent authority remained vacant due to certain reasons. \r\n7\r\n[(7a) The Cabinet Committee on Legislation may allow further time if it is \r\nsatisfied that the competent authority could not decide the case within sixty days for \r\nreasons beyond its control.] \r\n(8) If the case is not decided by the competent authority wit hin the \r\nprescribed period of \r\n8\r\n[sixty days ], the accused may file an application before the \r\nappellate authority for early decision of his case, which may direct the competent \r\nauthority to decide the case within a specified period. \r\n14. Personal hearing.– (1) The authority affording personal hearing or the \r\nhearing officer on receiving an order of his appointment shall, by an order in writing, \r\ncall the accused and the departmental representative, along  with relevant record of \r\nthe case, to appear before him for personal hearing on the fixed date and time.  \r\n(2) After affording personal hearing to the accused, the authority or the \r\nhearing officer shall, in relation to the case and the con tention of the accused during \r\nthe hearing, record his remarks in writing and, in case of hearing officer, submit a \r\nreport to the authority so appointed him which shall include– \r\n(i) summary of the inquiry report where inquiry was conducted under \r\nsection 10, or  summary of the defen ce offered by the accused to the \r\n                                                           \r\n6Substituted for the words “ninety days”   by the Punjab Employees Efficiency, Disc ipline and Accountability (Amendment) Act \r\n2017 (XXV of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.3 \r\n7Inserted by the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act 2017 (XX V of 2017), published \r\nin the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.3 \r\n8Substituted for the words “ninety days”  by the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act \r\n2017 (XXV of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.3 \r\nshow cause notice un der section 7, or grounds of appeal or review \r\nfiled under section 16, as the case may be; \r\n(ii) summary of defen ce offered by the accused during the hearing, if any;  \r\nand \r\n(iii) views of the departmental representative, if any. \r\n15. Procedure of inquiry against officers lent to other governments, etc.– (1) \r\nWhere the services of an employee are transferred or lent to any other government, \r\ndepartment, corporation, corporate body, autonomous body, authority, statutory \r\nbody or any other organization or institution,  hereinafter referred to as the borrowing \r\norganization, the competent authority for the post against which such employee is \r\nposted in the borrowing organization may– \r\n(a) suspend him under section 6; and \r\n(b) initiate proceedings against him under this Act: \r\nProvided that the borrowing organization shall forthwith inform the \r\nlending organization of the circumstances leading to the order of his \r\nsuspension and the commencement of the proceedings:  \r\nProvided further that the borrowing organization shall obtain prio r \r\napproval of the lending organization before taking any action under this \r\nAct, against an employee holding a post in Basic Pay Scale 17 or \r\nabove. \r\n(2) If, in the light of the findings of the proceedings taken against the \r\naccused in terms of sub -section (1), the borrowing organization is of the opinion that \r\nany penalty may have to be imposed on him, it shall transmit the record of the \r\nproceedings to the lending organization, and the competent authority in the lending \r\norganization shall thereupon take action against the accused under section 13. \r\n(3) Notwithstanding anything to the contrary contained in sub -sections (1) \r\nand (2), the Chief Minister may, in respect of certain employees or class of \r\nemployees, authorize any officer or authority in the borrowing org anization to \r\nexercise all the powers of competent authority under this Act. \r\n16. Departmental appeal and review .– (1) An accused who has been awarded \r\nany penalty under this Act may, except where the penalty has been imposed by the \r\nChief Minister, within thi rty days from the date of communication of the order, prefer \r\ndepartmental appeal directly to the appellate authority:  \r\n Provided that where the order has been passed by the Chief Minister, the \r\naccused may , within the aforesaid period, submit a review petit ion directly to the \r\nChief Minister. \r\n(2) The authority empowered under sub-section (1) shall call for the record \r\nof the case and comments on the points raised in the appeal from the concerned \r\ndepartment or office, and on consideration of the appeal or the r eview petition, as \r\nthe case may be, by an order in writing– \r\n(a) uphold the order of penalty and reject the appeal or review petition; or \r\n(b) set aside the orders and exonerate the accused; or \r\n(c) modify the orders and reduce or enhance the penalty; or  \r\n \r\n(d) set aside the order of penalty and remand the case to the competent \r\nauthority, where it is satisfied that the proceedings by the competent \r\nauthority or the inquiry officer or inquiry committee, as the case may \r\nbe, have not been conducted in accordance wit h the provisions of this \r\nAct, or the facts and merits of the case have been ignored, with the \r\ndirections to either hold a de novo inquiry or to rectify the procedural \r\nlapses or irregularities in the proceedings:  \r\nProvided that where the appellate or review  authority proposes to \r\nenhance the penalty, it shall by an order in writing– \r\n(i) inform the accused of the action proposed to be taken against \r\nhim and the grounds of such action; and  \r\n(ii) give him a reasonable opportunity to show cause against the \r\naction and afford him an opportunity of personal hearing either \r\nitself or through a hearing officer ; provided that the hearing \r\nofficer shall only be appointed where the appellate or the review \r\nauthority is of the rank of Secretary to the Government of the \r\nPunjab or above. \r\n(3) An appeal or review preferred under this section shall be made in the \r\nform of a petition, in writing, and shall set forth concisely the grounds of objection to \r\nthe impugned order in a proper and temperate language. \r\n17. Revision.– (1) The Chie f Minister, Chief Secretary or the Administrative \r\nSecretary or any other appellate authority may call for the record of any proceedings \r\nwithin one year of the order of exoneration or imposition of a penalty, passed by the \r\ncompetent authority or the order o f appellate authority, as the case may be, for the \r\npurpose of satisfying himself as to the correctness, legality or propriety of such \r\nproceedings or order. \r\n(2) On examining the record of the case, such authority may– \r\n(i) uphold the orders of the competent authority or the appellate authority, \r\nas the case may be; or \r\n(ii) order the competent authority to hold de novo inquiry; or \r\n(iii) impose or enhance a penalty or penalties:  \r\nProvided that no order , prejudicial to the accused , shall be passed \r\nunder this sect ion unless the accused has been given a reasonable \r\nopportunity of showing cause against the proposed action and an \r\nopportunity of personal hearing.  \r\n18. Appearance of counsel .– The accused, at no stage of the proceedings \r\nunder this Act, except proceedings under section 19, shall be represented by an \r\nadvocate. \r\n9\r\n[19. Appeal before the Service Tribunal .– (1) An employee, other than the \r\nemployee mentioned in section 2(h)(i), aggrieved by a final order passed under \r\n                                                           \r\n9Substituted by the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act 2014 ( XV of 2014 ), w.e.f. \r\n29.5.2014, s.2; and published in the Punjab Gazette (Extraordinary), pages 3995-3996. \r\nsection 16 or 17 may, within thirty days from t he date of communication of the order, \r\nprefer an appeal to the Punjab Service Tribunal established under the Punjab \r\nService Tribunals Act 1974 (IX of 1974). \r\n(2) If the Appellate Authority or the Chief Minister does not pass any final \r\norder on the departmental appeal or the review petition filed under section 16 within a \r\nperiod of sixty days from the date of filing of the departmental appeal or the review \r\npetition, the aggrieved employee, not being the employee mentioned in section 2(h)(i), \r\nmay prefer an appeal to the Punjab Service Tribunal within ninety days of the filing of the \r\ndepartmental appeal or review petition. \r\n(3) On the exercise of the option in terms of subsection (2), the appeal or, \r\nas the case may be, the review pending before the Appellate Auth ority or the Chief \r\nMinister shall abate to the extent of such employee.]  \r\n10\r\n[Explanation.– The word “employee”, in this section, shall include a former \r\nemployee.] \r\n20. Act to override other laws .– The provisions of this Act shall have effect \r\nnotwithstanding anything to the contrary contained in any other law for the time \r\nbeing in force. \r\n21. Proceedings under this Act .– Subject to this Act, a ll proceedings initiated \r\nagainst the employee s having retired or in service, shall be governed by the \r\nprovisions of this Act and the rules made thereunder: \r\n \r\n11\r\n[Provided that in case of a retired employee, the proceedings so initiated \r\nagainst hi m shall be finalized within two years of his retirement and in case, such \r\nproceedings are not completed within two years, the compete nt authority may, for \r\nthe reasons to be recorded in writing, extend the time period for a specific duration. ] \r\n(2) The competent authority may, by an order in writing, impose one or \r\nmore penalties specified in clause (c) of section 4, if the charge or charg es are \r\nproved against the retired employee. \r\n22. Indemnity.– No suit, prosecution or other legal proceedings shall lie against \r\nthe competent authority or any other authority for anything done or intended to be \r\ndone in good faith under this Act or the rules,  instructions or directions made or \r\nissued thereunder. \r\n23. Jurisdiction barred .– Save as provided under this Act, no order made or \r\nproceedings taken under this Act, or the rules made thereunder, shall be called in \r\nquestion in any court and no injunction sh all be granted by any court in respect of \r\nany decision so made or proceedings taken in pursuance of any power conferred by, \r\nor under this Act, or the rules made thereunder. \r\n24. Power to make rules .– The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n                                                           \r\n10Added by the Punjab Employees Efficiency, Discipline and Accountability (Amendment) Act 2017 (XXV of 2017), published in \r\nthe Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3151 - 3152, s.4 \r\n11Substituted by the Punjab Employees Efficiency, Discipline and Acc ountability (Amendment) Act 20 26 (XVII of 20 26), \r\npublished in the Punjab Gazette (Extraordinary), dated: 25 February 2026, p 4551, s.2 \r\n \r\n25. Removal of difficulties .– If any difficulty arises in giving effect to any of the \r\nprovisions of this Act, the Chief Minister may make such order, not inconsistent with \r\nthe provisions of this Act , as may appear to him to be necessary for the purpose of \r\nremoving that difficulty. \r\n26. Repeal.– (1) The Punjab Removal from Service (Special Powers) Ordinance, \r\n2000 (Ord. IV of 2000), is hereby repealed. \r\n(2) Notwithstanding the repeal of the Punjab Remova l from Service \r\n(Special Powers) Ordinance, 2000  (Ord. IV of 2000) , all proceedings pending \r\nimmediately before the commencement of this Act against any employee under the \r\nsaid repealed Ordinance or under the Punjab Civil Servants Act, 1974 (Pb. Act, VIII \r\nof 1974), and the rules made thereunder, or any other law or rules shall continue \r\nunder that law and rules, in the manner provided thereunder.",
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