Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 02:06:51 PM
[1][1]The [2][2][
(W.P. Ordinance XIV of 1960)
[
An
Ordinance to constitute a Benevolent Fund for relief of Government servants and
their families
Preamble.— WHEREAS it is expedient to constitute a
Benevolent Fund for relief of Government servants and their families in the
manner hereinafter appearing;
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958 and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:---
1. Short title, extent and commencement.— (1) This Ordinance may be called the [3][3][
(2) It shall apply to all Government
servants, as hereinafter defined; provided that Government may, by
notification, except[4][4] any class of Government servants from the
operation of this Ordinance.
(3) It shall come into force on such date[5][5] as Government may, by notification, appoint.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say,---
(a) “family”
in relation to a Government servant means his or her,---
(i) wife
or wives or husband, as the case may be;
(ii) legitimate
children and step children less than twelve years old;
(iii) legitimate
children and step children not less than twelve years old, if residing with and
wholly dependent upon him or her;
(iv) parents,
sisters and minor brothers, if residing with and wholly dependent upon him or
her.
(b) “Fund” means the fund constituted under this
Ordinance;
(c) “gazetted Government servant” means a
Government servant holding a post declared to be a gazetted post by Government
or any authority empowered by Government in this behalf;
(d) “Government”
means the [6][6][Provincial Government of the
[7][7][(e) “Government servant” means,---
(i) a
person who is a member of a civil service of the province; or
(ii) a
person who holds any civil post in connection with the affairs of the province,
including a member of the Civil Service of Pakistan who has opted for the fund,
but excluding any other servant of Pakistan;]
(f) “non-gazetted Government servant” means a
Government servant other than a gazetted Government servant;
(g) “prescribed” means prescribed by rules made
under this Ordinance.
3. Fund.— (1) As soon as may be,
Government shall constitute a fund to be known as the [8][8][
(2) The Fund shall
be divided into two parts; Part I for gazetted Government servants and Part II,
for non-gazetted Government servants.
(3) Each part of the Fund shall consist
of,---
(a) [9][9][compulsory contributions recovered from] the Government
servants at such rates as Government may, from time to time, prescribe[10][10];
(b) such grants as may, from time to time, be made
by Government;
(c) other contributions and donations;
(d) income from investments made under this
Ordinance.
(4) The
money credited to the Fund shall be held in such custody as may be prescribed.
4. Utilization of the Fund.— The Fund shall be utilized for,---
(a) the relief of Government servants and their
families by,---
(i) giving
financial assistance to the families of deceased Government servants;
(ii) giving
financial assistance to Government servants invalided out of service;
(iii) making special grants to
Government servants in exceptional cases;
(b) defraying expenditure incurred in respect of
management of the Fund.
Explanation— The benefit admissible under this section
will be in addition to the pensions, family pension or gratuities awarded under
the rules regulating the conditions of service of Government servants.
5. Accounts and audit.— (1) All contributions [11][11][recovered] under clause (a) of sub-section (3) of section 3 shall
be deducted at the source from the salaries of the Government servants
concerned.
(2) The Accountant-General, [12][12][
6. Constitution and powers of the Boards
of Management.— (1) As soon
as may be, Government shall, in such manner as may be prescribed, constitute
the following Boards of Management, namely:---
[14][14](a) the Provincial Board of Management (Gazetted);
[15][15](b) the Provincial Board of Management
(Non-Gazetted); [16][16][* * *];
[17][17](c) a [18][18][District] Board of Management for each [19][19][District] [20][20][;] [21][21][and]
[22][22][(d) the Secretariat Board of Management.]
(2) Subject to such directions as may be
issued by Government and such rules as may be made in this behalf,---
(a) the
Provincial Board of Management (Gazetted) shall be responsible for management
of Part I of the Fund and shall have the powers to invest money credited to
that part of the Fund and to incur expenditure therefrom;
(b) the
Provincial Board of Management (Non-Gazetted) shall be responsible for
management of Part II of the Fund and shall have the powers to invest moneys
credited to that part of the Fund and to make allocations therefrom to the [23][23][District] Boards of Management; [24][24][*]
(c) a
[25][25][District] Board of Management shall, subject
to such directions as may be issued by the Provincial Board of Management
(Non-Gazetted), deal with all matters connected with Part II of the Fund [26][26][except in so far as it concerns non-gazetted
servants serving or employed in the [27][27][Punjab Secretariat],] and in particular
shall have the power to sanction expenditure from the allocations made to it by
that Board [28][28][;] [29][29][and]
[30][30][(d) the Secretariat Board of Management shall,
subject to such directions as may be issued by the Provincial Board of
Management (non-gazetted), deal with Part II of the Fund in so far as it
concerns the non-gazetted Government servants serving or employed in the [31][31][Punjab Secretariat], and in particular shall have
the power to sanction expenditure from the allocations made to it by that
Board.]
[32][32][6-A. Power to recover rents and lease
moneys as arrears of land revenue.— Any sum due as rent or lease-money in respect of
property acquired or constructed by a Board of Management constituted under
section 6 and the management whereof vests in any such Board, if not paid
within thirty days of its having become due, may notwithstanding anything
contained in any law, decree or order of any Court, agreement, deed or
instrument, be recovered as arrears of land-revenue.]
[33][33][6-B. Protection of action taken under this
Ordinance.— No suit, prosecution or other legal proceedings shall be instituted
against a Board of Management constituted under section 6 or against any
officer or servant of such Board for anything which is in good faith done or
intended to be done under this Ordinance or the rules made thereunder.]
7. Power
to make rules.— Government may make rules[34][34] for bringing into effect the
provisions of this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 19th April, 1960; published in
the West Pakistan Gazette (Extraordinary), dated 23rd April, 1960; pages
1773-76; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Government servants in Police
Department and such Government servants of Anti-Corruption Department as are
contributing towards the Police Welfare Fund, all officers and men of West
Pakistan Rangers, Advocate-General and Additional Advocate-General of West
Pakistan, Public Prosecutors and Additional and Assistant Public Prosecutor
excepted from the provisions of the Ordinance, see “Gazette of West Pakistan”, 1961, Pt. I, pp. 386,499,645 and
646.
[5][5]The Ordinance came in force
from 27th December, 1960,-vide Finance
Department notification No.F.D-S.O.I(SR)-1109/60, dated 27th December, 1960, see Gazette of West Pakistan 1960,
(Extraordinary), p.4839.
[6][6]Substituted, for “Government
of West Pakistan”, by the
[7][7]Substituted by the West
Pakistan Government Servant’s Benevolent Fund (Amendment) Ordinance, 1962 (XIII
of 1962).
[8][8]Substituted, for “West
Pakistan”, by the
[9][9]Substituted by the West
Pakistan Government Servant’s Benevolent Fund (Amendment) Ordinance, 1962 (XIII
of 1962) for “contributions made by”.
[10][10]See rule
2 of the rules under section 7.
[11][11]Substituted for the word
“made” by the West Pakistan Government Servant’s Benevolent Fund (Amendment)
Ordinance, 1962 (XIII of 1962).
[12][12]Substituted, for “West
Pakistan”, by the
[16][16]The word “and” deleted by the
West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance, 1969
(XXIII of 1969).
[18][18]The word “Divisional” substituted by the Punjab
Government Servants Benevolent Fund (Amendment) Ordinance, 2001 (XXI of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[20][20]Substituted for the
full-stop, by the West Pakistan Government Servants Benevolent Fund (Amendment)
Ordinance, 1969 (XXIII of 1969).
[21][21]Added ibid.
[22][22]Ibid.
[23][23]The word “Divisional” substituted by the Punjab Government Servants Benevolent Fund (Amendment) Ordinance, 2001 (XXI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[24][24]The word “and” deleted by the
West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance, 1969
(XXIII of 1969).
[25][25]The word “Divisional” substituted by the Punjab Government Servants Benevolent Fund (Amendment) Ordinance, 2001 (XXI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[26][26]Inserted by the
[27][27]Substituted, for “West
Pakistan Secretariat”, by the
[28][28]Substituted for the full-stop
by the West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance,
1969 (XXIII of 1969).
[29][29]Added ibid.
[30][30]Ibid.
[31][31]Substituted, for “West
Pakistan Secretariat,” by the
[32][32]Added by the
[33][33]Ibid.
[34][34]For the West Pakistan
Government Servants Benevolent Fund Rules, 1960, see Gazette of West Pakistan, 1960, (Extraordinary), pp.4513-4516.
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