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Civil Servants Law - 1971 - Official Gazette No. 178, published 1971/03/10 (1349/12/19 A.P.)

CIVIL SERVANTS XXXX

19 Hoot 1349

(117 Articles)

(translation XXXX)

Print is not clear

TRANSIATION

THE GOVERNMENT OFFICIAL GAZETTS

Date 10 March 1971

The Government Civil Servants Law

CHAPTER I

GENERAL LAWS:

Article 1:

An official is a person who is employed in permanent government service in accordance with this law.

Article 2:

The officials relations with the department and similarly his rights privileges and duties shall be governed by the contents of this law.

Military officials and personnel of the Royal Afghan Army shall be subject to their own related laws and regulations.

Article 3:

The official is obliged to perform the duties entrusted him within the administrative framework and shall observe the proper.

Article 4:

At appointment the official shall take the following path: “I swear in the name of Holy God to be true to the country, king and people of Afghanistan and shall not be deceitful to my duty”.

The oath taking ceremony shall be observed in accordance with the related regulations.
Article 5: Age of an official shall be specified at appointment on basis of his identity card. Age of persons employed prior to issuance of new identification cards shall be specified in accordance with their Service Record File.
In case of differences in the identity card and file specified age the former shall hold good.

Article 6: The Central Civil Servants Administration shall be related directly to the prime ministry and consists of the following two organs:
1- Civil Service Commission
2- Civil Service Administration
Establishment and allocation of duties of the Central C.S.A. shall be in accordance with related laws and regulations.

CHAPTER II

Conditions of Employment:

Article 7: Persons having the following qualifications and fulfilling the following conditions shall be appointed:

• 1- Shall be an Afghan national.
• 2- Shall have completed the age of 18.
• 3- Shall have obtained health certification from the related authorities of the Health Ministry.
• 4- Shall not be XXXX to punishment for crime. Persons having been exonerated legally are not subject to this rule.
• 5- Shall have rendered his military service or have obtained written exemption or temporary exemption.

Persons between the ages of being appointed and waiting to be called for military service are exempt from this rule.
6- Shall have obtained baccalaureate or equivalent certificate. This rule applies only to those persons who may be appointed after enforcement of this law.
Government reserves the right to apply separate laws regarding appointment to technical and vocational poses.

Article 8: Person who may be appointed shall remain probationary upto one year.
After this period in case of his favorable report he shall become employed. During this probationary period the official shall be entitled to the salary of that post and if appointed permanently this period shall be taken XXXX the period of his service.

Article 9: An official can not be appointed to a post when the person ordering is his relative. In this instance the officials relatives are his parents, son and daughters, husband and wife, brother and sister.

Article 10: Government servants are divided into 4 grades and ten steps:

Grade A: Step One
Step Two

Grade B: Step Third
Step Four
Step Five

Grade C: Step Six
Step Seven
Step Eight

Grade D: Step Nine
Step Ten

Steps 11, 12 and 13 described in the Civil servants law dated 17 XXXX 1323 shall remain applicable in case of officials having this step at the time of enforcement of this law until the time of their promotion to the step 10 or dismissal from employment.

Article 11: Appointment, transfer, promotion and retirement of officials described in Article 10 shall be by the
following authorities:
Officials of Grade A on proposal of the Minister and approval of the Cabinet and the king:
Officials of Grade B on proposal by minister and approval of Prime Minister; Officials of Grade C an approval of Minister; Officials of Grade D of approval by Minister in the centre and in provinces of approval of the Governor.

Article 12: Step of official shall be specified at appointment according to education level, as follows:
Persons having finished high school (XXXX) or Equivalent at step 10: College graduates at step 9 and one year service. The graduation period here is four years but persons having longer graduation period or post graduation studies of more than four years this period shall be taken into account in their respective step of service.
When official is sent for vocational training and return without obtaining an educational certificate in this case the maximum of one year shall be added to his service.

Article 13: An official can not be paid for two duties within the official duration at one and the same time.

Article 14: Official working as head or member of government their period of employment shall be taken into consideration in their step of service.

Article 15: Right of official becoming assembly member or elections is reserved. If after completion of these responsibilities he again wishes to join his previous duties the said period shall be taken into account in his service step.

Article 16: Administration may if necessary appoint an official who is competent and efficient and who may have served for the period of at least one promotion in a higher grade than
his actual grade. In this case the official is entitled to full payment for the new XXXX. Persons who have been appointed to higher than their own grades prior to this law their salary shall be paid on the basis of one grade higher than their grade. Government may appoint an official who is competent enough after completing one cycle of promotion to upto higher grades then his own in view of efficiency or post graduate studies. In this case also the official shall be paid full salary of the post to which he may be appointed.

CHAPTER III

RESPONSIBILITIES:

Article 17: The official is obliged to fulfill the orders of superior within limits of rules and laws. In case he considers the orders against rules he is obliged to communicate the same in writing.

If after receiving the written intimation the superior concurs the same in writing the official is obliged to fulfill the order but shall not be responsible for it.

Article 18: Official is obliged to refrain from any action causing deiny or his ruption in matters.

Article 19: Official is obliged not to divulge information gathered during performance of duty except when legally necessary.

Article 20: The official is responsible for the authority invested in him.
Article 21: The official is obliged to enter information regarding his property and other personal information of specific form.

Article 22: The official cannot utilize the authority officially invested in him for personal purposes.

CHAPTER IV

PRIVILEGES:

Article 23: The official has the following privileges:

• 1- Salary and allocations
• 2- Legal and other leave
• 3- Promotion
• 4- Pension
• 5- Other privileges allocated in accordance with laws.
  

Part I- Salary and allocations:

Article 24: Salary is the amount allocated to an official in lieu of his service according to salary schedule each month.

Article 25: Salary is equal to the sum of two figures, one monthly salary index and other multiplier in the salary schedule (10). Increase of multiplier may take place in view of financial possibilities by government.

Article 26: In addition to salary the following allowances may be allocated:

• 1- When official may have obtained an educational certificate from an academy or have obtained membership in the educational centre of a university.
• 2- When serving in difficult climatic, working or living conditions.
• 3- When serving where his life or health may be XXXX danger.
• 4- When official serves in special technical or specialized fields.
• 5- When official works XXXX working hours on orders of him superiors.
• 6- When such allowances may be allocated in accordance with the law. Salary allowances if permanent shall be included in his pension.
  

Article 27: Allowance due to overtime outside of his working hours shall be paid on the basis of the hours of work according to one and during holidays according to one-half of the salary with allowances.
Overtime hours during working days shall not exceed half working day hours and overtime during holidays cannot exceed total day of working day.

Article 28: Estimate and conditions of allowances described in Article 26 shall be in accordance with rules and regulations.

Part II- Legal and Other Leave

Article 29: Annual leave of an official is as follows:
1- The official is entitled to 20 days leave annually (recreation) the official shall take this leave on approval of his superior within that year.
2- Official may for necessity take 10 days leave each year.

Article 30: In case of sickness the official may take the following:
1- In case of short sickness official may take upto 5 days of sick-leave without doctor’s confirmation, condition to that this loss not exceed 20 days annually.
When official takes more than 5 continuous days leave or more than the allocated 20 days sick-leave a year, he is entitled to his sick-leave in accordance with this law
and on doctor’s confirmation. When official is member of government health insurance, in this case confirmation of the insurance doctor or a medical doctor or where doctor may not be available the confirmation of his superior holds good. Days of sick-leave over the allotted days shall be considered as his annual leave.
2- When long sickness may hinder an official from performing his duties, he may on confirmation of a medical group take the following leave:

1. If his period of service be 5 years 3 months.
2. If period of service be over 5 years 6 months.
3. When period of service is over 10 years one year.

After expiry of above date or sick-leave the official shall be placed in waiting period without pay.

Article 31: Woman officials are entitled to 50 days maternity leave.

Article 32: When official is obliged to leave his duties he may with approval of his superior officer take leave without pay. When such leave does not exceed more than two months the officials posts shall be reserved in his favours otherwise he shall be placed in the without pay waiting position. Against each day of absence from duty three days salary shall be deducted, in case absence from duty exceed 20 days he shall be considered as having XXXX his position.
When an official the XXXX himself for duty but leaves without approval of his superior 5 days salary shall be deducted against every day of absence when such absence form duty exceeds 10 days, the XXXX shall be XXXX in his service file or records and this period shall not be taken as his service period.
Article 35: When a general holiday falls on a Friday, the next day shall be a general holiday. When a working day falls between two general holidays that day shall also be taken as a holiday.

Article 36: Average estimate of working hours of government officials during each year is 30 hours a weak. During Ramzan working hours shall be 30 hours per week. Beginning end and of working hours shall be fixed in accordance with separate rules.

Article 37: Working hours for teachers shall be specified in separate law.

Article 38: Working hours of project workers, labourers, industrial workers etc. shall be specified in separate laws.

Article 39: Working hours of specialized agencies and organizations shall be specified in accordance with special conditions by separate laws.

Article 40: Working hours of foreign employees shall be in accordance with this law but when otherwise stated by means of other contracts or law.

Article 41: Presence of officials shall be controlled by head of the organization and the personnel office.

PART III: PROMOTION

Article 42: Promotion of step consists of an officials being promoted to a higher or upper grade or step. Promotion in salary includes increase herein in accordance with the grade and step of the official.

Article 43: Officials shall be promoted to higher grade in accordance with the following conditions:

• 1- After completion of the specified period.
• 2- After obtaining favourable performance reports.
• 3- Availability of a vacant position. Teachers and professors are exempt from his rule.

When more then one person may be candidate for a post, it shall be allocated in accordance with reports, educational level, competence in performance of duty to the most deserving official.

Article 44: When an official fulfills the 1 and 2 conditions of Article 43 of this law but a suitable position may not be vacant he shall be given increase in salary as follows: Each year 20 percent difference of salary between the present and next grade. This increase continues upto five years of the officials eligibility. In case after he expiry of this period a position XXXX XXXX the official shall be promoted to that higher grade after fulfilling all related rules and regulations otherwise continues in his present position but reserves his right to the salary of the higher grade.

Official if falling short of favourable report shall not be entitled to increase of salary.

Article 45: Competence of the official shall be in accordance with his performance report.

Article 46: The administration is obliged to complete promotion forms two months prior to his promotions and enter the required information in the related forms and present them for approval of the superiors, each head of department within 10 days of receiving such forms shall fill them confidentially and send hem to the related authorities. The administrative office after confirming he veracity of the entries shall sent the forms to the promotions commission.

Article 47: The Promotions Commission shall be elected by the Minister in the center and by the governor in provinces.

Article 48: Time of allocation of promotions and pensions to officials in the month of XXXX and Hoot each year. Those persons shall retire or be promoted whose service period or age for retirement is XXXX after the month of XXXX.
Article 49: The government may for promoting officials in specialized or technical posts special conditions and standards in addition to those prescribed in the related promotion or retirement forms.

Officials Performance Report Form

Date Month Year

Place for Photo

Name Father Name

Grade and step of official

Duty and post

Date of birth and place of birth

Educational level and educational XXXX attended and place

Date of joining the post and initial step

Date of promotion to present step

Days of absence

Awards or disciplinary action taken against the official during the year.

Performance Standards

No Standard Allocation of Points given by Superior
Standard First/Second

1. Obedience Obedience to laws 1 1

and orders of 2 2
superiors 3 3

1. 4
2. 5
   
3. Self-discipline

ability to keep 1 1
official secrets 2 2
and dignity 3 3
4 4
5 5

Patience and
Durability in work

Platy and mastery
Of self

1. Devotion to duty

Attendance
Competence

1. Relations with

Others Attitude towards
People
Attitude with co-
Workers
Attitude to
Superiors
Social relations

1. Competence Level of the officials

intelligence and his
powers of grasping
problems

1. Smartness Personal cleanliness

cleanliness of office
Taste and decoration of office

1. XXXX of guiding and

administration XXXX of taking responsibility and decisions
initiative and thinking power

New ideas and useful suggestions

Power of coordination and cohesion of matters.

Competence to overcome difficulties and adoption to new situations in programs of work

XXXX in guiding workers and officials of lower XXXX

Total points given XXXX superior Total points given by second superior

officer

Average points

Remarks of first superior Remarks of second superior

Name and position of XXXX XXXX XXXX and position of second superior

XXXX of XXXX commission

Decision of the related authority.

SALARY SCHEDULE

Grade Years of service Salary Index
in each step

1. 570
2. 3 480
3. 4 390
4. 4 270
5. 4 240
6. 4 210
7. 7 180
8. 3 150
9. 2 135
10. 2 120
    

Multiplier: 10

EXPLANATION

Officer giving performance report shall give absolutely unbiased report of the officials performance in accordance with the following:

1- Competence of official in accordance with each point from one to five.

Point 1 is given when the officials performance is satisfactory

2 " " " is not satisfactory but can be improved

3 " " " when ability of official is average

4 " " " when official has distinctive ability

2- When judging the capability of the official his total performance shall be taken into view for example if his ability is highly distinctive he word five shall be written in the related column in letters.

3- When filling the performance report the position or the official is allocated in accordance with rules described in chapter 6 of this law.

4- Awards or disciplinary actions or absences are taken into view between the period of the last and present promotion and not transferred from one performance report to other.

For promotion to higher grade securing 4 points on the average and for salary increment 3 on the average are the required condition, in any case it is essential that level of points secured of 2 point of the XXXX is not less than 4 otherwise promotion of the official shall be suspended in the same period.

For officials who performance report in certain instances is not required the total points obtained by him shall not apply in his performance reports.
Article 50: For promotion to higher step the following period of service is required:

Step 10 2 Years
" 9 2 "
" 8 3 "
" 7 4 "
" 6 4 "
" 5 4 "
" 4 4 "
" 3 4 "
" 2 3 "

Period of service for promotion of 11, 12 and 13 years is 2 years

PART IV: XXXX

Article 51:XXXX shall be allocated in accordance with rules of Chapter 10 of this law.

CHAPTER V: TRANSFER

Article 52: Excepting instances specified in this law a civil servant shall not be transferred from his XXXX place to another in less than two years of service.

Article 53: In the following instances the related authorities may transfer an official:

• 1- Expertise, specialty in a field which may result in better results.
• 2- When unsatisfactory performance report is given to an official in accordance with Article 87 of this law.
• 3- Approval of both head of departments and of related superiors.
• 4- Punishment transfer in accordance with Article 71 of this law.

Article 54: Until the finalization of transfer matters the official shall work in his present position and duties.

CHAPTER VI: POSITIONS ON SITUATIONS

Article 55: During service an official shall be in one of the following positions actual position, Service position, Military position, Education position, XXXX or waiting.

1- Actual position is the position where the official performs his duty in a specified position

2- Service is the position where the official temporarily functions in a position other than his actual place of duty.

3- Military service or position where the official is under military service in accordance with laws. During this position the official shall not relent his rights as government official. But he shall not be paid his salary although his family may untilized his health, cooperation had other facilities.
This period of service shall be taken as the officials service period. If after completion of military service the official is taken into the Army his rights of civil service are reserved.

4- Educational position is where the official on approval of his superiors engages in education within or outside the country during this period his rights shall be subject to rules specified for this purpose.

5- Abeyance is period of temporary abeyance of the official which shall be in the following conditions:

1. When he is to undergo trail in legal XXXX:
   
2. When an official may be imprisoned.
   

The official in abeyance period can not XXXX his official rights and privileges.
6- Waiting is when the official has not been given any work or when waiting for appointment without pay.

Article 56: The attorney General may place an official in abeyance in the following conditions upto one month:

1- When continuation of service by the official cause disruption of peace.

2- When continuation of duty of an official disrupt investigation etc.

3- When destruction of incriminating documents may be XXXX.

4- When destruction of pubic property is feared.

The attorney general shall after the expiry of the temporary XXXX of official give a detailed report explaining all events and the cases leading to XXXX abeyance, to the related authorities.

Article 57: Continuation of abeyance of an official as mentioned in the Article 56 of this law without XXXX of the appointing authority of an official does not hold good for more then one month.

Article 58: When after investigation the official is XXXX or the charges made against him are cleared by the attorney general the official shall be entitled to salary and all other rights of the abeyance period. This utilization to permissible upto a period of two years. If the official in question is not under investigation because of his duties, on exoneration he may utilize all abeyance rights upto two years excepting salary.

Article 59: In following instances an official waits for appointment with salary:

1. When the post he had is abolished
2. When in accordance with Article 52 and 53 another person may have been appointed in his place and his post has not been specified XXXX.
3. When returns to his office after military service.
4. After completion of duty as head of department or government member.
5. After and of XXXX or elections.
6. When sent for education abroad by government and returns successfully been to his department.
7. When no government approval serves in international or other agencies and returns to his own department after completion of not more than five years services. In this case his service shall be taken in his promotion, and pension matters.
8. When the XXXX period ends or the punishment period awarded his ends.
9. After removal of physical handicap.
   

A person in the waiting position with pay and all other official rights is obliged to fulfill orders of his superior officer.
Salary of waiting official shall be paid within the country on the basis of the XXXX was working in.

Article 60: Waiting position with pay is for one year duration. During this period if the official cannot be appointed to a suitable XXXX or refuses to work in a post best suited to his position and salary he shall be placed in waiting position without pay.

Article 61: XXXX and organization upto the time they have waiting officials with pay for appointment can not appoint new officials in the same posts and salaries.

Article 62: In following conditions an official shall be waiting without pay:

• 1- When official may resign for entering elections, is not elected but does not return to the department in accordance with Article 77 of this law.
• 2- In case of continuous illness in accordance with Article 30 of this law.
• 3- When after without pay leave does not return to his department according to Article 33 of this law.
• 4- When one-year XXXX expired from the date of his resignation or XXXX of duty.
• 5- When the dismissed officer is awarded person by the king.
• 6- When in accordance with court XXXX he may have completed three years imprisonment or existence.
• 7- In events described in Article 60 of this law.
  

CHAPTER VII: AWARD AND PUNISHMENT

Article 63: Official showing efficiency in the duties entrusted to them shall be awarded complimentary certificates and awards.

Article 64: Certificates of merit are divided into the following in view of their merit:

• 1- Merit certificate first grade
• 2- Merit certificate second grade
• 3- Merit certificate third grade
  

First grade merit certificate is awarded to officials who perform exceptional service on proposal by the related authorities or directly by the king. Officials receiving such a certificate shall be promoted by one step.

Second grade merit certificate is given to officials doing exceptional XXXX work on proposal by the related authorities and approval of the prime minister.

Official to whom second grade merit certificate is awarded shall be given one year additionally to his service record.

Third grade merit certificate is awarded to person showing efficiency in their work on proposal by the concerned authorities
or directly by the minister. Official to whom such certificate is given shall be XXXX XXXX salary with the related allowances.
Officials who are given the first grade merit certificate are entitled to 6 months salary with allowances and officials obtaining second class merit certificates are given four months salary with the related allowances.

Article 65: When an official performs his duties efficiently and XXXX in the centre directly by the related superior and in province by governor he shall be awarded meritorious service certificate or cash award not exceeding two months of his salary with related allowances.

Article 66: XXXX services certificates and other rewards awarded to an official shall be entered in his service record or files.

Article 67: Medals etc, awarded to civil servants shall be XXXX or given in accordance with the medal award law.

Article 68: Second and third grade merit certificate cannot be awarded to officials twice during XXXX period of promotion.

CHAPTER VIII: PENAL LAW.

Article 69: Disciplinary XXXX or penal action against an official for duty b shall be in the following instances:

• 1- Earning
• 2- XXXX XXXX from one to 15 days.
• 3- XXXX transfer.
• 4- XXXX of promotion for one year.

Article 70: In the following instances on official may be given warning:

• 1- Non-attendance to duty.
• 2- Negligence in duty.
• 3- XXXX to co-workers or superiors.
• 4- Negligence of office cleanliness and office XXXX.
  

Article 71: In the following instances the official may be given salary XXXX punishment; or transferred to another post;

• 1- XXXX of offense mentioned in Article 70 of this law.
• 2- Negligence in performance of or taking the required steps as indicated by law.
• 3- Insult to co-workers or people who may come to his.
• 4- XXXX in keeping official secrets.
• 5- Actions undignified to the position of an official.
• 6- Leaving duty without report to the administration.
• 7- Negligence in performance of orders not contrary to rules.
  

Article 72: XXXX of promotion shall be implemented in following events:

• 1- Repetition of offences mentioned in Article 71 or this law.
• 2- Using official authority for personal gain.
• 3- Insult to chief of department.
• 4- Taking part in disputes or auction the implementation of which may be the officials responsibility.
• 5- XXXX of action causing disruption of work or office discipline.
  

Article 73: Awarding penal punishment described in this chapter shall be authorized by the following authorities:

• 1- Warning by superior in 4 grade or above.
• 2- Pay XXXX on minister orders, deputy minister of heads of government departments and organizations.
• 3- Punishment transfer or XXXX of promotion on authorization or the minister only.
  

Article 74: In case offenses mentioned in this chapter be considered crime the offender may be XXXX in a XXXX.

CHAPTER IX: DESIGNATION OF SERVICE

PART I: DESIGNATION

Article 75: When an official may wish to resign he presents it in writing to the concerned officer. In case after the expiry of two weeks the official has still not changed his mind the application may be presented to the concerned authorities and the official is considered as resigned. During these two weeks the official cannot leave his duties.

Article 76: An official who may have resigned may ask for his pension after the expiry of one year after his resignation. The official may rejoin his post in accordance with Article 52 of this law at the same post and level.

Re-appointment of the official who may have resigned is not subject to probationary laws of civil servants.

Article 77: Resignation of an official for election purpose shall be subject to the following:

1- Official is considered as resigned from the date of the presentation of his resignation to his superior.

2- from the date of resignation and 10 days after XXXX of election results from the region of his XXXX his service rights are reserved. In case during this period the official dose not give XXXX XXXX for return to XXXX he shall be placed on waiting position without salary. XXXX between presentation of resignation and rejoining of the official in accordance with clause 2 of this article XXXX XXXX in his service record but XXXX official is not entitled to salary payments.

Print is not clear

XXXX or their dependents shall XXXX in proportion in the increment of salaries of government officials.

Article 83: To an official who is retiring a months salary along with the related allowances shall be paid in a lump sum, by the related department.

Article 84: Official shall participated in the pension fund as follows:

1- XXXX of the total salary and allowances which are paid to an official at the end of each month.
2- 25 salary and related allowances on the first month of being appointed to civil service.
3- Differences of salary for the first month of promotion.
4- 50 of total general increment in salaries for the first month.

Article 85: A civil servant may XXXX for pension in the following circumstances:
1- When waiting for positing in a salary-less position.
2- After the age of 50 or the end of 25 years of service.

Article 86: The related authorized XXXX may order retirement of a civil servant at the end of 30 years of service.

Article 87: An official shall be pensioned in the following instances:
1- Officials of grade (A) after the age of 60, officials of grade (B) after completing 55 years, officials of grade (C) after completing the age of 50 years and officials of grade (D) after completing the age of 65.
The government may in view of expertise of specialty extend the period of service of an official by five years before retiring him from service.
Extension of service period has all the privileges and rights but is not applicable to promotion to a higher grade.
2- When owing to the XXXX of a crime is sentenced to more than 3 years of imprisonment, in this case the pension rights shall be executed in accordance with Article 79 or this law (and article 80 of this law) but when the court may claim suspension of payment of pension rights.
3- An official who cannot after the expiry of two consecutive years obtain favourable report and is transferred to another department but is unable to obtain favourable report of the new superior shall be pensioned.

Article 88: Official who may retire in accordance with Article 86 and 87 of this law cannot be reappointed to civil service.

Article 89: The retired officials XXXX in official ceremonies shall be observed in accordance with the related rules to be complied by the government.

Article 90: Pension level is taken into account from the date of his appointment. A successfully completed period of education is also taken into account in estimating pension payments.

Article 91: In estimating pension payments six months or more shall be taken as one year of service. Pension fund shall be deducted from his salary when officiating as assembly member or elected member.

Article 92: Pension fund from officials who are elected XXXX XXXX XXXX return to their service in accordance with Article 14 and 15 of this law, subject to having rendered 30 years of service shall be paid on the basis of the last pay drawn by them within the country.
Article 93: In following circumstances shall an official be XXXX of his pension rights:
1- When changing his nationality.
2- When XXXX for crimes of treachery to government and country.
3- In the circumstances described in clause 2 or Article 87 of this law.

Article 94: In accordance with the rules XXXX in Article 88 of this law officials who may have retired but again join service, their pension shall be discontinued and this additional service period shall be added to the previous service period and the pension paid on the basis of this combined service.
In case the retired person has taken his pension in accordance with article 80 of this law his period of service in the second shall be taken into account separately.

Part II. Pension of handicapped or disabled Officers:

Article 95: In case an official is disable due to his duties or during official working time and be unable to perform his duties the salary of his post without taking into account his XXXX or service shall be paid to his as disability pension.

Article 96: In case an official on XXXX not cut to his duties and is XXXX to continue his responsibilities in the department his pension shall be paid to XXXX in accordance with the pension rights.

Article 97: Disability shall be certified by a Disability Commission and held good after confirmation of the Health Ministry.
Part III: Death of an Official:

Article 98: In case an official dies due to his duties or while performing his duties, the last salary drawn by him shall be paid to his heirs without consideration of his period of service as pension salary.

Article 99: In case an official dies not due to performance of duty his heirs shall be paid his pension rights in accordance with this law.

Article 100: Heirs of the XXXX here and in this context are the wife or husband, daughter unmarried and son less than 21 years of age or engaged in education or military service, parents, and similarly brother of less than 21 years age or engaged in studies or unmarried sister for whom the official provided XXXX also considered his heirs. Heirs shall be specified in accordance with legal procedures.

Article 101: Pension or disability salary of an official shall be divided so that one person shall be added to the heirs and the salary divided XXXX them after XXXX that one person is deducted end the rest is divided between the heirs.

Article 102: If wife of XXXX official be pregnant after birth pension rights shall be administered in accordance with Article XXXX of this law.

Article 103: Son and brother of the deceased after the age of 21 years or when engaged in study after the and of the education period loose their rights to pension payment. Similarly sister or daughter of the deceased official loose pension payment rights when they carry.
The amount which may be saved in accordance with this Article shall be added in other portions of the pension salary.

Article 104: Heirs who may be entitled to pension right from many sources shall be paid all the said pension payments.
Article 105: In case a XXXX official dies three months salary with the related allowances shall be paid by the related department for funeral expenses of the deceased to the deceased officials heirs.

CHAPER XI

Equivalence of Government and Private Agencies

Article 106: Officials of private agencies or other officials and civil servants having previous service record in private firms in case upto the date of enforcement of this law have not specified grades, shall be given grades and step in accordance dance with this law.

Article 107: In equivalence of private agency levels and grades the following 3 considerations shall be XXXX:

1- grade of official when appointment in private firm
2- period of service of he said official
3- salary level of the related grade in government departments and agencies.

Article 108: Grade of official when appointment in private concern shall be as follows:

1. When official may be appointed with the approval of his superior to the private agency
2. When official may have been pensioned owing to illness, disability or other pension from government service and has then XXXX private agency
3. When he resigned or dismissed taking into view reasons of resignation or dismissal.
   

2- If official may have joined private organization after completion of education the appointment grade of the offi-
cial shall be in accordance with Article 12 of this law and years of service of XXXX said official shall be accounted in accordance with the XXXX of this law and his step fixed.

3- In case official has XXXX the organization from other organization as free XXXX the grade at appointment according to him XXXX level or otherwise the level of appointment of an official in private organization shall be equivalent to step 11 of government departments.

Article 109: Period of service of official working in private organization shall be accounted in accordance with Article 50 of this law for promotion purposes. In case the official has been out of service owing to resignation or dismissal but XXXX or may have been suspended from promotion the result of resignation or dismissal or suspension of promotion shall be entered in his service record in accordance with rules of this law.

Article 110: Equivalence of private and government organization grades shall be specified on the basis of the grade equivalent as follows:
1- When salary of private firm official is the same as that of the government official in the same grade the step of the government official shall be the same as the private officials working in private organizations.
2- When salary of private organization worker is more than the government worked in the same grade and step the step of the private organization official shall be accounted as follows:
Annual grade salary of government official years of service Annual grade salary grade salary of XXXX official equal to a XXXX XXXX of service in government organization in specifying the level in accordance with above law-XXXX of private organization from 11-XXXX equivalent to
to grade 3 and 13 of the government organization XXXX and levels.

Grades and levels specified on the basis of this law shall hold good on approval of the concerned higher authorities. During the years when a percentage of the private officials salary may not have been deducted for the pension fund of the official in question after the specification of his grade it shall be XXXX in equal XXXX during later years.
Total participation of the said official is estimated and in transferred from the private organization budget and transformed to the treasury in one lump sum.

Article 112: When necessary the government may employ official of organization which may have been established in XXXX with the related laws and regulations in its own organizations. In this case the specification and equivalence of grade and step shall take place in accordance with the XXXX if this law.

CHAPTER XII

Miscellaneous Rules and Regulations

Article 113: The government shall pay to the officials pension fund in view of financial possibilities 3 to 5 percent additional funds as government participation to the government officials pension fund.

Article 114: codification of property and ownership of pension fund shall take place on approval of the pension funds high Council.
Article 115: Officer who may have served for over 25 years may on approval of government take their ten years pension dues in one lump sum, in cash. In this case their relations with the pension fund are out off. Similarly such retired officers in case they are not owners of more than 20 XXXX of land may on approval of the government take a plot of land in one of the government development projects. The price of this sick of land is taken from their ten pension years rights in a lump sum and they have no more XXXX with the treasury of the pension fund. In case their ten years pension salaries are more than one price of the place of land the rest of the money shall be paid to them in cash and in case the price of plot or land be higher than the pension for ten years the remaining money shall be taken from the official in cash. The rules of this law shall reply in the case of those officials who may retire after the enforcement of this law.

Article 116: Officials who may in race of need be officiating in private organization shall have their rights reserved in the original government organization where they were first appointed.

Article 117: This law comes into force after its publication in the government XXXX. After its publication the prior laws and regulations regarding Government Civil Servants and rendered null and void.