THE
(W.P. Ordinance XIV of 1960)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. Fund.
4. Utilization of the Fund.
5. Accounts and audit.
6. Constitution and powers of the Boards
of Management.
6-A. Power
to recover rents and lease moneys as arrears of land revenue.
6-B. Protection
of action taken under this Ordinance.
7. Power to make rules.
[1]THE [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][
(2) It shall apply to all Government servants, as hereinafter defined; provided that Government may, by notification, except[4] any class of Government servants from the operation of this Ordinance.
(3) It shall come into force on such date[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][Provincial
Government of the
[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][
(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][compulsory contributions recovered from] the Government servants at such rates as Government may, from time to time, prescribe[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][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][
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](a) the Provincial Board of Management (Gazetted) [15][which
shall include at least one female officer in BS-19 or above];
[16](b) the Provincial Board of Management (Non-Gazetted) [17][which shall include at least thirty-three percent women]; [18][* * *];
[19](c) a [20][District] Board of Management for each [21][District] [22][which shall include at least thirty-three
percent women] [23][;] [24][and]
[25][(d) the Secretariat Board of Management [26][which shall include at least one female officer in BS-19 or above].]
(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 [27][District] Boards of Management; [28][*]
(c) a [29][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 [30][except in so far as it concerns non-gazetted servants serving or employed in the [31][Punjab Secretariat],] and in particular shall have the power to sanction expenditure from the allocations made to it by that Board [32][;] [33][and]
[34][(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 [35][Punjab Secretariat], and in particular shall have the power to sanction expenditure from the allocations made to it by that Board.]
[36][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.]
[37][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[38] for bringing into effect the provisions of this Ordinance.
[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]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3]Ibid.
[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]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]Substituted,
for “Government of West Pakistan”, by the
[7]Substituted by the West
Pakistan Government Servant’s Benevolent Fund (Amendment) Ordinance, 1962 (XIII
of 1962).
[8]Substituted, for “West
Pakistan”, by the
[9]Substituted by the West
Pakistan Government Servant’s Benevolent Fund (Amendment) Ordinance, 1962 (XIII
of 1962) for “contributions made by”.
[10]See rule
2 of the rules under section 7.
[11]Substituted for the word
“made” by the West Pakistan Government Servant’s Benevolent Fund (Amendment)
Ordinance, 1962 (XIII of 1962).
[12]Substituted, for “West
Pakistan”, by the
[18]The word “and” deleted by the
West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance, 1969
(XXIII of 1969).
[20]Substituted for the word “Divisional”
by the Punjab Government Servants Benevolent Fund (Amendment) Ordinance, 2001
(XXI of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I
of 1999), as amended, read with Article 270AA of the Constitution of the
Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation
as to duration prescribed in the Constitution.
[21]Substituted for the word
“Division” by the Punjab Government Servants Benevolent Fund (Amendment)
Ordinance, 2001 (XXI of 2001). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[23]Substituted for the full-stop,
by the West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance,
1969 (XXIII of 1969).
[24]Added ibid.
[25]Added by the West Pakistan
Government Servants Benevolent Fund (Amendment) Ordinance, 1969 (XXIII of
1969).
[27]Substituted for the word
“Divisional” by the Punjab Government Servants Benevolent Fund (Amendment)
Ordinance, 2001 (XXI of 2001). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[28]The word “and” deleted by the
West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance, 1969
(XXIII of 1969).
[29]Substituted for the word
“Divisional” by the Punjab Government Servants Benevolent Fund (Amendment)
Ordinance, 2001 (XXI of 2001). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[30]Inserted by the
[31]Substituted,
for “West Pakistan Secretariat”, by the
[32]Substituted for the full-stop
by the West Pakistan Government Servants Benevolent Fund (Amendment) Ordinance,
1969 (XXIII of 1969).
[33]Added ibid.
[34]Ibid.
[35]Substituted,
for “West Pakistan Secretariat,” by the
[36]Added by
the
[37]Ibid.
[38]For the West Pakistan
Government Servants Benevolent Fund Rules, 1960, see Gazette of West Pakistan, 1960, (Extraordinary), pp.4513-4516.