THE
WORKERS' WELFARE FUND RULES, 1976
[Gaz.
of Pak. Extr. Pt. II, Oct. 14, 1976, p. 2000.]
S. R. O. 1011 (I),176,
dated October 14, 1976.‑In exercise of the powers conferred by section 15 of
the Workers' Welfare Fund Ordinance, 1971 (XXXVI of 1971), the Federal
Government is pleased to make the following rules, namely :‑
1. Short title and
commencement‑(1) These rules may be
called the Workers' Welfare Fund Rules, 1976.
(2) They shall come into
force at once.
2. Definitions.‑In these rules, unless there is anything
repugnant in the subject or context,‑
(a) "Chairman"
means the Chairman of the Governing Body ;
(b) "member"
means a member of the Governing Body ;
(c) "non‑official
member" means a member of the Governing Body, other than an official member;
(d) "official
member'' means a member of the Governing Body who is in the service of
Government ; and
(e)
"Ordinance" means the Workers Welfare Fund Ordinance, 1971 (XXXV1 of
1971).
3. Tenure of office of
members.‑‑.(1) Subject to rule 4, a
member other than the Chairman shall hold office for a period of two years from
the date of the notification appointing him a member of the Governing Body and
shall be eligible for renomination
Provided that an
outgoing member may continue in office until the appointment of his successor
is notified.
(2) A person appointed
as member to fill a casual vacancy shall hold office for the unexpired period
of the term of his predecessor.
4. Resignation, etc.‑A member may, by writing under his hand
addressed to the Chairman, resign his office or may be removed by the Federal
Government if he‑
(a) is convicted of any
offence which in the opinion of the Federal Government involves moral turpitude
; or
(b) is absent from three
consecutive meetings of the Governing Body without leave of absence from the
Chairman.
5. Disposal of business.‑(1) Every question which the Governing Body is
required to take into consideration shall be considered either at its meeting
or, if the Chairman so directs, by sending the necessary papers to all members
present in Pakistan for their opinion.
(2) When a question is
referred for opinion, any member may request that the question be considered at
a meeting of the Governing Body and thereupon the Chairman may, and if the
request is made by three or more members shall, direct it to be so considered.
6. Time and place of
meeting.‑The Governing Body shall
meet at such places and times as may be fixed by the
Chairman.
7. Notice and agenda of
meeting.‑(1) Notice of not less
than fifteen days shall be given to every member present in Pakistan of the
time and place fixed for each ordinary meeting, and, each member shall be
furnished with the agenda of that meeting;
Provided that when an
emergent meeting is called by the Chairman such notice shall not be necessary.
(2) Subject to rule 12,
no business which is not on the agenda shall be considered at a meeting without
the permission of the Chairman.
8. Presiding at
meetings.‑(1) The Chairman shall
preside at every meeting of the Governing Body at which he is present.
(2) If the Chairman is
absent from any meeting, the member nominated by the Chairman for the purpose
shall preside at the meeting ; and the member so nominated shall at that
meeting exercise all the powers of the Chairman.
9. Quorum.‑No business shall be transacted at a meeting of
the Governing Body, whether ordinary or emergent, unless at least six members
are present, of whom at least three shall be official members
Provided that if at any
meeting a quorum is not present, the Chairman may adjourn the meeting to a date
not less than fourteen days later, informing the members present and
notifiying other members that the business of the adjourned meeting will be
disposed of even irrespective of there being a quorum, and it shall thereupon
be lawfull to dispose of the adjourned meeting irrespective of the number of
members attending.
10. Decision by
majority.‑The decision of the
Governing Body shall be expressed in terms of the opinion of the majority of
the members present and voting at a meeting and, in the event of equality of
votes, the Chairman or other person presiding shall have a casting vote.
11. Minutes of meeting.‑(1) The minutes of each meeting of the
Governing Body shall be circulated to all members present in Pakistan and
thereafter recorded in a minute book which shall be kept for permanent record.
(2) The record of the
minutes of each meeting shall be signed by the Chairman.
12. Other matters to be
considered by the Governing Body.‑The Governing Body shall, besides carrying out its statutory
duties, also consider the budget and any other matter that may be laid before
it by the Chairman. The Chairman shall place before the Governing Body any
matter if a request to that effect is made by not less
than four members.
13. Terms and conditions
of appointment of members.‑A
non‑official member shall be entitled to the following allowance for attending
a meeting of the Governing Body or of a committee or sub‑committee appointed by
it .‑
(I) Traveling allowance
for journey between the place of normal residence of a non‑official member to
the place of meeting.
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(a) Ire respect of journey by
air Actual
economy class
return air fare.
(b) In respect
of journey by
rail Actual
ACC class
return
rail fare.
(c) In respect of journey by road‑
(i) between places not connected
by
rail: Rs.
1 per mile.
(ii) between places connected by
rail Amount
equivalent to the actual ACC class rail fare between these places.
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(II) Daily
allowance.
(a) A non‑official
member shall be entitled to receive daily allowance for each day of the meeting
and for the days of arrival at and `departure from the place of meeting at the
rate of Rs.100.
(b) No daily allowance
shall be admissible if the meeting is held at a place where a member ordinarily
resides. He would, however, be entitled to actual taxi charges from his
residence to the place of meeting and back or a conveyance allowance at the
rate of Re. 1 per mile in case he uses his private car for the journey,
14. Secretariat of the
Governing Body.‑‑(1) The Secretariat of
Governing body 'shall consist of a Secretary and such other employees as the
Governing Body may, with the previous approval of the Federal. Government,
appoint.
(2) The headquarters of
the secretariat shall be at Islamabad.
15. Powers and duties of
the Secretary.‑(1) The duties of the
Secretary shall be‑
(i) to act as the Chief
Executive Officer of the Fund ;
(ii) to convene, under
the orders of the Chairman, meeting of the Governing Body, or any committee or
subcommittee appointed by the Governing Body, to record minutes of such
meetings and to take actions to get the decisions, reached at such 'meetings,
implemented;
(iii) to execute bonds
on behalf of the Governing Body in accordance with the general or special
instructions of the Governing Body;
(iv) to maintain the
books of account of the Fund and furnish all returns and documents, required
under the Ordinance or these rules, to the Federal Government and to correspond
with the Federal Government and the Provincial Governments upon all matters
concerning the Fund ; and
(v) to undertake such
other duties and to exercise such other power as may from time to time be
entrusted or delegated to him the Governing Body.
(2) Subject to the
budget provisions, the Secretary may incur expenditure on administrative staff
and miscellaneous office expenses;
Provided that‑‑
(i) he shall have no
power to sanction the creation of a post on a salary of more than Its. 200 per
mensum and shall have only such powers of re‑appropriation as may be approved
by the Federal Government on the advice of the Governing Body ;
(ii) He shall, have no
power to incur expenditure on miscellaneous office expenses if the
cost of any single non‑recurring item exceeds Rs. 2,00 or single recurring item
exceeds Rs. 500.
(3) The Secretary shall
Jay before each meeting of the Governing Body a memorandum detailing
any grants made or expenditure incurred from the Fund since the last meeting.
16. Conditions of
allocations.‑‑(1) Where an
allocation is made by the Governing Body from ‑the Fund to a Provincial Government,
arty agency of the Federal Government, hereinafter referred to as the agency,
or a body corporate for any of the purposes mentioned in clauses (a) and (b)
of section 6 of the Ordinance, it may impose such conditions to the
allocation as it may consider necessary for ensuring‑‑
(a) that the work for
which the allocation :s made is duly and promptly executed and the
money is not utilised for a purpose other than that for which It is allocated ;
(b) that the date given
in the application for grants from the Fund, against which allocation is made,
is correct ;
(c) that any particulars
which the Governing Body may from time to time require for the proper
discharging of its ‑responsibilities are fully and promptly furnished;
(d) that all necessary
facilities am accorded for arty inspections by persons duly authorised by the
Governing Body for the purposes of clause (a) or for checking the correctness
of any information that may have been furnished under clause (c) or for the
selection of any such information ; and
(e) that proper accounts
of the money allocated are kept and submitted, whenever required, to
such persons for audit as the Governing Body may authorise in this behalf.
(2) Before making an
allocation from the Fund to a Provincial Government, any agency or a body
corporate., the Governing Body shall require such Provincial Government, agency
or, as the case may be, body corporate to execute a bond for fulfilment of the
conditions, if any, imposed by the Governing Body under sub‑rule (1).
(3) It shall be a
condition of every bond executed under sub‑rule (2) that in the event of any
Provincial Government, agency or body corporate violating any condition imposed
under sub-rule (1), such Provincial Government, agency or a body corporate shall
be liable to pay to the Governing Body such sure or sums of money as may be
specified in the bond.
17. Budget.‑(1) The Governing Body, on a day not later than
th tenth November in each year shall submit to the Federal Government in the
form set out in the Schedule to these rules‑
(a) estimates of
receipts and expenditures for the ensuing financial year ;
(b) revised estimates of
receipts and expenditures for current financial year ; and
(c) a statement showing
actual figures for the last eight months of the previous financial year and the
first four months of this current financial year.
(2) The estimates
submitted under sub‑rule (1), so far as modified by the Federal Government,
shall constitute the sanctioned budget estimates for the ensuing financial year
or, as the case may be, the revised estimates for the current financial year
for the Governing Body.
16. Maintenance of
accounts.‑(1) The Governing Body
shall keep or cause to be kept accounts of the Fund for each of the heads of
receipt ire the Fund and for each of the bead, on which under the
Ordinance or these rules, expenditure is authorised by the Governing Body.
(2) The Provincial
Government, any agency or a body corporate which receives an allocation from
the Fund shall maintain complete and accurate accounts in such form as the
Governing Body may, with the approval of the Federal Government, specify from
time to time, and the accounts shall be balanced or the thirtieth day of dune
each year.
19. Annual statement of
accounts.‑‑(1) The Governing Body
on the first day of June in each year shall submit to the Federal Government in
the form set out in the Schedule to these rules‑‑
(a) figures of actual
receipts and expenditure during the first eleven months of the current
financial year ;
(b) figures of
anticipated receipts and expenditure during the last one month of the current
financial year;
Provided that the
Governing Body may, immediately after close of the financial year, inform the
Federal Government of any variation between the figures under this clause and
those of actual.
(2) The Provincial
Government, any agency or a body corporate which receives an allocation from
the Fund shall prepare annual statement of accounts of the expenditure met out
of the allocations received from the Fund during a financial year in such form
as the Governing Body may, with the approval of the Federal Government, notify
in the official Gazette, as soon as possible after the end of the financial
year and in any case not later than the fifteenth day of September.
20. Auditing of
accounts.‑.(1) The accounts of
the Fund and of the expenditure met out of the allocations given to Provincial
Government agencies and bodies corporate shall be audited by the Auditor
General . Pakistan or by an auditor who is chartered accountant within the
meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), appointed by
the Governing Body.
(2) The annual statement
of accounts, pertaining to a financial year, prepared under rule 19‑sball be
produced before the auditors for scrutiny on or before the fifteenth day of
September in the next financial year;
Provided that, on the
application of the Governing Body, the Federal Government may extend the said
date by a period not exceeding ninety days.
21. Powers of auditor.‑The auditor may.‑
(i) by written notice, require the production
before bite or before any officer subordinate to him of any document which be
may consider necessary for the proper conduct of their audit ;
(ii) by written notice, require any person
accountable for or having the custody or control of‑any such document to appear
in person before him or before any officer subordinate to him ; and
(iii) require any person so appearing before him
or any officer subordinate to him to make and 'sign a declaration with respect
to such document or to answer any question or prepare and submit any statement,
22. Reports of auditor.‑(1) 'The report of the auditor on the accounts
audited under rule 20 shall be submitted to the Governing Body on a day not
later than the first day of March in the financial y‑sax following the year to
which the accounts pertain and its such farm as the Federal Government may
specify in this behalf and he shall state whether in his opinion the annual
statement of accounts is full and fair statement containing all necessary
particulars and properly drawn up as tee exhibit a true and correct view of the
state of affairs of the account and in case he has called for any explanation
or information in respect thereof, whether it has been given and whether it is
satisfactory.
(2) The auditor shall
submit to the Governing Body and the Federal Government a separate statement,
if necessary, in regard to‑‑‑ .
(i) any material
impropriety or irregularity which they may observe in the accounts audited , or
.
(ii) any loss or waste
of money or other property owned by or vested in the Fund or generated in full
or in part from as allocation front the Fund which has been caused by 'neglect
or misconduct, with the names of the reasons who in their opinion are directly
or indirectly responsible for such loss or waste.
(3) The Governing, Body
shall forthwith remedy or cause to be remedied any impropriety or irregularity
that may be pointed put by the auditors and shall, within nine days of the
receipt of the report of the auditors, report to the Federal Government the
actions taken by it thereon;
Provided that if there
is a difference of opinion between the Governing Body and the auditor, or if
the Governing Body does not remedy or cause to be‑remedied any impropriety or
irregularity within a. reasonable period the Federal Government may pass
such orders in the matter as it may think fit and the Governing Body shall
thereafter take action in accordance therewith within such time as may be
specified by the Federal Government.
23. Consideration of
report.‑‑(1) The annual report
on the work and activities of the Fund and Workers' Welfare Boards shall be
placed for adoption at a meeting of the Governing Body to be held before the
fifteenth day of December following the close of the financial year to which
they pertain.
(2) The annual statement
of accounts of financial year prepared under rule 19 together with the report
of the auditor thereupon shall be placed for adoption at a meeting of the
Governing Body to be held on a day not later than sixty days after the day of
submission of the report of the auditor.
(3) The annual statement
of accounts together with the report of the auditor thereupon and the annual
reports on the work and activities of the Fund and Workers' Welfare Boards as
adopted by the Governing Body shall be submitted alongwith minutes of dissent,
if any, to the Federal Government not later than the first day of June
following the close of the financial year to which they pertain;
Provided that if the
report of the auditor is not received by the first day of March following the
financial year to which it pertains, the annual accounts together with the
report of the auditor thereupon may be submitted to the Federal Government
separately from the annual report on the work and activities of the Fund.
24. Publication of
accounts.‑The Governing Body shall
publish the annual statement of accounts together with the report of the
auditor thereupon and the replies to each item included in the report within
three months of its approval by the Federal Government.
Schedule A'
HEADS AND SUB‑HEADS OF ACCOUNT
I‑RECEIPTS
Head
1. Tax received under
section 4.
2. Tax received under
section 4A.
3. Voluntary
Contributions (Cash).
4. Contributions/grants
made by the Federal Government/Provincial Governments.
5. Income froth Investments
in‑
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(i) 6.
Proceeds of sale of assets.
(ii) 7.
Loan raised by the Governing Body.
(iii) 8.
Interest.
(iv) 9.
Other income, if any.
(v) (i)
(vi) (ii)
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II‑EXPENDITURES
Head
1. At locations to
Provincial Governments, agencies of the Federal Government and bodies corporate
for (separate account of each Government, each agency of the Federal
Government and each body Corporate)‑
(a) The financing of
projects connected with the establishment of housing estates, construction of
houses or development of plots for workers ;
(b) the financing of
other measures for the welfare of worker;
2. Expenditure on
administration and management of Fund;-
(a) Pay of Officers.
(b) Pay of establishment.
(c) Allowances,
Honoraria, etc.
(d) Other Charges.
(e) Establishment
charges paid to / received from other Government Department, etc.
3. Discharge of loans
raised by the Government Body.
4. Approved investments.
5. Other expenditure, if
any
(i)
(ii)
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