(W.P.
Ordinance I of 1969)
[18 March 1969]
An
Ordinance to establish a Welfare Fund for the relief and security
Preamble.– WHEREAS it is expedient to establish Welfare Fund for the
relief and security of the employees of the [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][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][(b)
“gazetted Government servant” means the Government servant holding a post in
basic scale BS 16 or above;]
[8][(d)
“Government servant” means a person, not being a member of an all Pakistan
service or a contract employee of the Government,–
(i) who is a member of civil service of the Province;
(ii) who holds a civil post in connection with the affairs of the
Province; or
(iii) who has retired as a member of civil service of the Province
after completing the age of superannuation and has not attained the age of
sixty five years;]
(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][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.–
[10][(1)
The Government shall constitute the following Welfare Boards:-
(a) the Provincial Welfare Board (Gazetted); and
(b) the Provincial Welfare Board (Non-Gazetted).]
(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.
[11][(4)
* * *].
5. Arrangement with
insurance company.– [12][(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 [13][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; [14][*]
(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 [15][*
* *] Pension Rules, as in force for the time being [16][;
and]
[17][(c)
in the absence of the persons referred to in clauses (a) and (b), to his
heirs.]
[18][(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).]
[19][(3)
* * *]
6. Payment of
contributions.– [20][(1) A Government servant, not being a retired
Government servant, shall pay as his contribution in the Welfare Fund the sum
of money as may be prescribed and the amount of his contribution shall, as far
as possible, be deducted at source from his pay and the same shall be credited
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
insured
|
|||
2
|
||||
BS
1-4
|
150000
|
|||
BS
5-10
|
175000
|
|||
BS
11-15
|
300000
|
|||
BS
16
|
450000
|
|||
BS
17
|
600000
|
|||
BS
18
|
875000
|
|||
BS
19
|
1050000
|
|||
BS
20 & above
|
1250000]
|
|||
[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]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
Pakistan”.
[6]Substituted
by the Punjab Government Employees’ Welfare Fund (Amendment) Act 2009 (IX of
2009), effective from 1st day of July 2007. This Act was originally
promulgated as Ordinance XVII of 2007; was given permanent life by PCO I of
2007; however, consequent upon the judgment of the Supreme Court of Pakistan
dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as
Act IX of 2009.
[7]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “Government of West Pakistan”.
[8]Substituted
by the Punjab Government Employees’ Welfare Fund (Amendment) Act 2009 (IX of
2009), effective from 1st day of July 2007. This Act was originally
promulgated as Ordinance XVII of 2007; was given permanent life by PCO I of
2007; however, consequent upon the judgment of the Supreme Court of Pakistan
dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as
Act IX of 2009.
[9]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “Government of West Pakistan”.
[10]Substituted
by the Punjab Government Employees’ Welfare Fund (Amendment) Act 2009 (IX of
2009), effective from 1st day of July 2007. This Act was originally
promulgated as Ordinance XVII of 2007; was given permanent life by PCO I of
2007; however, consequent upon the judgment of the Supreme Court of Pakistan
dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as
Act IX of 2009.
[11]Sub-section (4) omitted by the Punjab Government Employees’ Welfare Fund (Amendment)
Act 2009 (IX of 2009), effective from 1st day of July 2007. This Act
was originally promulgated as Ordinance XVII of 2007; was given permanent life
by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was
enacted as Act IX of 2009.
[12]Section 5
re-numbered as section 5 (1) by the West Pakistan Government Employees Welfare
Fund (Punjab Amendment) Act, 1975 (VI of 1975).
[13]Inserted by the West Pakistan Government Employees Welfare Fund (Punjab
Amendment) Act, 1975 (VI of 1975).
[14]The word “and”, deleted by the Punjab
Government Employees’ Welfare Fund (Amendment) Act, 1997 (VII of 1997).
[15]The words
“West Pakistan” deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1
of 1974).
[16]Substituted for full-stop by the Punjab
Government Employees’ Welfare Fund (Amendment) Act, 1997 (VII of 1997).
[18]Added by the West Pakistan Government Employees Welfare Fund (Punjab
Amendment) Act, 1975 (VI of 1975).
[19]Sub-section
(3) added by the Punjab Government Employees’ Welfare Fund (Amendment) Act,
1997 (VI of 1997) and omitted by the Punjab Government Employees’ Welfare Fund
(Amendment) Act 2009 (IX of 2009), effective from 1st day of July
2007. This Act was originally promulgated as Ordinance XVII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the
Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the
Assembly; and was enacted as Act IX of 2009.
[20]Substituted
by the Punjab Government Employees’ Welfare Fund (Amendment) Act 2009 (IX of
2009), effective from 1st day of July 2007. This Act was originally
promulgated as Ordinance XVII of 2007; was given permanent life by PCO I of
2007; however, consequent upon the judgment of the Supreme Court of Pakistan
dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as
Act IX of 2009.
No comments:
Post a Comment