(W.P. Ordinance I of 1969)
[18 March 1969]
An
Ordinance to establish a Welfare Fund for the relief and security of the
employees of the [3][3][Punjab] Government and their families
Preamble.— WHEREAS it is expedient to establish Welfare
Fund for the relief and security of the employees of the [4][4][Punjab] Government and their families;
AND
WHEREAS the Provincial Assembly of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
NOW,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short title, application and
commencement.— (1) This
Ordinance may be called the [5][5][Punjab] Government Employees Welfare Fund
Ordinance, 1969.
(2) It shall apply to all Government
servants, as hereinafter defined provided that Government may, by notification,
exempt any class of Government servants from the operation of this Ordinance.
(3) It shall come into force on such date as
Government may, by notification, appoint in this behalf.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them:-
(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; and
(iv) parents, sisters and minor brothers, if residing with and wholly
dependant upon him or her;
[6][6][(b) “Gazetted
Government Servant” means a Government servant holding a post in National Pay
Scale 16 and above];
(d) “Government
servant” means a person who is a member of a civil service of the Province of [8][8][Punjab], or who holds any civil post in
connection with the affairs of the Province, but does not include a member of
an All-Pakistan Service;
(e) “non-gazetted
Government servant” means a Government servant other than gazetted Government
servant’
(f) “prescribed”
means prescribed by rules made under this Ordinance;
(g) “rules”
means rules made under this Ordinance;
(h) “Welfare
Fund” means the Welfare Fund established under this Ordinance.
3. Welfare Fund.— (1) There shall be established a fund to be
called the [9][9][Punjab] Employees Welfare Fund.
(2) To the credit of the Fund shall be
placed—
(a) all
contributions received under section 6 from Government servants;
(b) the
contributions made to the Fund by Government, the Government Servants
Benevolent Fund or the Police Welfare Fund; and
(c) any
interest or profit accruing on such contributions.
(3) The
Welfare Fund shall be divided into two parts: Part I for gazetted Government
servants and Part II for non-gazetted Government servants and each such part
shall be maintained and administered separately in accordance with the
provisions of this Ordinance.
(4) The contributions from gazetted
Government servants received under section 6 shall be credited into Part I of
the Welfare Fund and the contributions received from non-gazetted Government
servants shall be credited into Part II of the Fund.
(5) The moneys credited into the Welfare
Fund shall be kept in such bank or banks as may be prescribed.
(6) The Welfare Fund shall be utilized for
meeting the expenses on arrangements to be made with an insurance company or
other insurer for the insurance of Government servants.
(7) Any sums
remaining in the Welfare Fund after defraying the expenses referred to in
sub-section (6) may be utilized for such benefits to Government servants and
their families as may be prescribed.
4. Constitution and powers of the Welfare
Boards.— (1) As soon as may
be, Government shall constitute the following Welfare Boards, namely:-
(a) the
Provincial Welfare Board (Gazetted);
(b) the
Provincial Welfare Board (Non-Gazetted); and
(c) a
Divisional Welfare Board for each Division.
(2) Part I of the Welfare Fund shall vest in
the Provincial Welfare Board (Gazetted), and Part II of the Welfare Fund shall
vest in the Provincial Welfare Board (Non-Gazetted), and each of the said
Boards shall administer the part of the Welfare Fund vesting in it in such
manner as may be prescribed.
(3) Subject to such rules as may be made in
this behalf and to such directions as may be issued by Government, the
Provincial Welfare Boards—
(a) shall
from time to time, arrange for the insurance of the Government servants with
which they are concerned in the sums specified in the Schedule with such
insurance company or other insurer as it deems fit;
(b) shall
have the power to sanction expenditure connected with the administration and
management of that part of the Welfare Fund which vests in them; and
(c) may
do or cause to be done all the things ancillary or incidental to any of the
aforesaid powers or to the purposes of the Welfare Fund.
(4) The Divisional Welfare Board shall
exercise such powers and perform such functions in relation to Part II of the
Welfare Fund as may be prescribed or as may be delegated to them by the
Provincial Welfare Board (Non-Gazetted).
5. Arrangement with insurance company.— [10][10][(1)] The arrangement to be made with an
insurance company or other insurer under clause (a) of sub-section (3) of
section 4 shall be to the effect that on the death [11][11][caused due to any reason other than war,
invasion or civil war], of a Government servant of the class specified in
column 1 of the Schedule, the sum specified against that class of Government
servant in column 2 of the Schedule be paid—
(a) to
such member or members of his family as he may have nominated for the purpose,
in full or in the shares specified by him at the time of making the nomination;
[12][12][*]
(b) where no valid nomination by the Government
servant exists at the time of his death, the sum assured shall be paid to his
family, and in the absence of a family, to his surviving relatives, if any, in
the manner and in the shares in which the gratuity of a deceased Government
servant is payable under the [13][13][* * *] Pension Rules, as in force for the time
being [14][14][; and]
[16][16][(2) Where
death of a Government servant is caused as a result of war, invasion or civil
war, the sum, as specified in column 2 of the Schedule shall be paid by
Government in the same manner as is provided in clauses (a) and (b) of
subsection (1).]
[17][17][(3) The
insurance coverage shall extend to five years after the retirement of a
Government servant without requiring the retired Government servant to pay
premium after his retirement.]
6. Payment of contributions.— (1) Every Government servant shall be liable
to pay to the Welfare Fund as his contribution such sum of money as may be
prescribed, and the amount of such contribution shall, as far as possible, be
deducted at the source from his pay and credited or remitted to the Welfare
Fund.
(2) Where the contribution cannot for any
reason be deducted from the pay of the Government servant, he shall remit to
the prescribed officer, the amount of the contribution payable by him.
(3) Any contribution remaining unpaid due to
inadvertence or negligence of the Government servant or otherwise shall be
recoverable from him together with interest.
7. Powers to
make rules.— Government may make rules for the purposes of giving effect to all or
any of the provisions of this Ordinance.
SCHEDULE
[See SECTIONS 4 and 5]
The
sums in which various classes of Government servants are to be insured–
Class of Government servant sum
assured
Rs.
BS 1 to 4 1,20,000
BS 5 to 10 1,40,000
BS 11 to 15 2,40,000
BS 16 3,60,000
BS 17 4,80,000
BS 18 7,00,000
BS 19 8,40,000
BS 20 and above 10,00,000]
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 17th March, 1969; published in
the West Pakistan Gazette (Extraordinary), dated 18th March, 1969, pages
423-427; and, saved first by Proclamation of Martial Law Order, dated 25th
March, 1969 and, then, by Article 281 of the Interim Constitution of the
Islamic Republic of Pakistan (1972).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[6][6]Substituted by the Punjab
Government Employees’ Welfare Fund (Amendment) Ordinance 1980 (I of 1980).
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West
Pakistan”.
[10][10]Section 5 re-numbered as
section 5 (1) by the West Pakistan Government Employees Welfare Fund (Punjab
Amendment) Act, 1975 (VI of 1975).
[12][12]The word “and”, deleted by
the Punjab Government Employees’ Welfare Fund (Amendment) Act, 1997 (VII of
1997).
[13][13]The words “West Pakistan” deleted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
[14][14]Substituted for full-stop by
the Punjab Government Employees’ Welfare Fund (Amendment) Act, 1997 (VII of
1997).
[16][16]Added by the West Pakistan
Government Employees Welfare Fund (Punjab Amendment) Act, 1975 (VI of 1975).
[18][18]Substituted by the Punjab
Government Employees’ Welfare Fund (Amendment) Ordinance, 2002 (LIV of 2002),
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.
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