PUNJAB ADVISORS (SALARY, ALLOWANCES AND PRIVILEGES) ORDINANCE, 2002

THE PUNJAB ADVISORS (SALARY, ALLOWANCES AND PRIVILEGES) ORDINANCE, 2002 ( LXXVII OF  2002)

[28  October,  2002]

An

Ordinance

to provide for appointment, salary, allowances and privileges of Advisors to the Chief Minister of the Punjab.

Preamble. – Whereas it is expedient to provide for appointment, salary, allowances and privileges of Advisors to the Chief Minister of the Punjab;

And whereas the Provincial Assembly of the Punjab is dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

And whereas under Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the Chief Executive’s Order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;

Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1.               Short title and commencement. – (1) This Ordinance may be called the Punjab Advisors ( Salary, Allowances and Privileges) Ordinance,  2002.

(2)            It shall come into force at once.

2.               Definitions. – In this Ordinance, unless the subject or context otherwise requires, the following expressions shall have the meanings hereby assigned to them respectively:

(a)            “Advisor” means a person appointed as Advisor to the Chief Minister under this Ordinance;

(b)            “Chief Minister” means the Chief Minister of the Punjab;

(c)            “family” means the wife and children residing with and wholly dependent upon the Advisor;

(d)            “Government” means the Government of the Punjab;

(e)            “maintenance” in relation to a residence includes the payment of local rates, tax and the provision of electricity, water and gas;

(f)              “official residence” means the house reserved from time to time for residence by an Advisor and includes out houses and gardens appurtenant thereto; and

(g)            “prescribed” means prescribed by rules framed under this Ordinance;

3.               Appointment and term of office. – (1) The Chief Minister may appoint not more than five Advisors who shall hold office during the pleasure of the Chief Minister.

(2)            An Advisor shall perform such functions as may be assigned to him by the Chief Minister.

4.               Salary. – The Salary of an Advisor shall be thirty thousand rupees per month.

5.               Sumptuary Allowance. – An Advisor shall be entitled to get four thousand rupees per month as sumptuary allowance.

6.               Transport. – An Advisor to the Chief Minister shall be entitled to the use of one official car throughout his term of office and for a period of fifteen days immediately thereafter; provided that the Chief Minister may withhold this facility to an Advisor who is removed from his office on the ground of misconduct.

7.               Official residence.– (1) An Advisor shall be entitled, without payment of rent, to the use of an official residence including accommodation on tour throughout his term of office, and for a period of fifteen days immediately thereafter, and the charges for its maintenance including the electricity and gas charges shall be borne by Government. The residence shall be furnished by Government at a cost not exceeding one hundred thousand rupees.

(2)            If at the time of entering upon office, an official residence is not available, an Advisor shall, until such residence is provided by Government, be paid the actual expenditure incurred by him on furnished accommodation for himself and his family, subject to a maximum of twenty thousand rupees per month.

(3)            Where an Advisor chooses to reside –

(i)              in his own house; or

(ii)             in a rented house occupied by him before his appointment as an Advisor;

He may be paid a monthly sum of twenty thousand rupees in lieu of the official furnished accommodation and to cover all expenses on its maintenance. The charges for consumption of electricity and gas in respect of the said house shall be borne by Government.

8.               Travelling allowance. – (1) Subject to the provisions made hereafter an Advisor travelling on official duty shall be treated as a first grade officer.

(2)            An Advisor may, if the public interest so demands, travel by air in which case he shall be entitled to –

(a)            business class airfare paid for himself;

(b)            cost of transporting personal luggage up to forty five kilograms, inclusive of the free allowance given by the air company;

(c)            take with himself the spouse when travelling by a commercial aeroplane; and

(d)            claim the actual premium paid for insuring himself for the air journey for an amount not exceeding one lac rupees.

(3)            Wherever possible an Advisor shall purchase return air ticket.

(4)            An Advisor, when travelling on duty by rail in Pakistan, shall be entitled to – (a)   requisition at the cost of Government -

(i)              an ordinary first-cum-second class carriage or a ‘B’ class tourist car or an ‘A’ class tourist car, if a ‘B’ class tourist car is not available; or

(ii)             if the vehicles specified at (i) above are not available, or are not desired an ordinary four berthed first class compartment or a two berthed air-conditioned ( coupe) compartment;

(b)            take with himself in the reserved accommodation without payment of any fair, his family members not exceeding four when travelling in a requisitioned railway compartment or saloon;

(c)             take with himself up to two personal servants by the lowest class of accommodation available; and

(d)            the carriage of personal luggage up to one hundred and twenty kilograms when travelling by a railway compartment or up to two hundred and forty kilogram when travelling by a requisitioned railway saloon.

(5)            An Advisor reserving accommodation in a railway shall be required before beginning the journey, to have the number and other details of the tickets purchased for the persons travelling with him in the reserved accommodation entered in the requisition form by the station master of the station from where the journey is to commence.

(6)            When an Advisor travels on duty, in the public interest, by road between places connected by Railway and chooses to forego the privileges granted under sub-section (4), he may, where the journey is performed in a vehicle not owned or maintained by Government, draw--

(a)            travelling allowance at the rate of three rupees per kilometer for his own journey by road, and

(b)            actual expenses of transport of –

(i)              two private servants; and

(ii)             all his personal luggage including stores carried for consumption on tour.

9.               Form of Certificate. – Every claim by an Advisor for travelling allowance or daily allowance shall be supported by a written certificate in the following form signed by him:

“Certified that the amount has not been claimed by me in any other bill or drawn by me from any other source.”

10.           Additional travelling allowance. – Notwithstanding anything contained in section 8, an Advisor shall also be entitled to a sum of forty thousand rupees per annum for travel by him or his family within Pakistan at any time:

Provided that, where a person becomes an Advisor during the course of the year, the value of cash with which he is provided during that year shall not exceed the value which bears the same proportion to forty thousand rupees as the un-expired portion of the year bears to a year.

11.           Compensation in case of air accident. – (1) If an Advisor, while travelling by air, on official duty, by any flight, scheduled or unscheduled (including flight in a Government owned aircraft of any type), dies or receives an  injury as a result of an accident, Government shall pay to the persons referred to in sub-section(2), a sum of three hundred thousand rupees, in case of death, and an amount to be determined by Government having regard to scales of compensation applied  by insurance companies in like cases, in case of injury.

(2)            The compensation shall be payable in case of injury to the Advisor and in case of death, to such member or members of his family, or if there be no such members, any other person or persons as may be nominated by him in this behalf, or, in the absence of such nomination, to his heirs:

Provided that the nominee shall distribute the amount received by him among the heirs of the deceased.

(3)            A nomination under sub-section (2) may be made, revoked or altered by a notice in writing signed by the Advisor and addressed to the Accountant General, Punjab:

12.           Daily allowance. – An Advisor shall, while on tour, be entitled to receive a daily allowance at the rate of five hundred and fifty rupees per day:

Provided that where the duration of tour is less than eight hours, one half daily allowance shall be admissible.

13.           Controlling Officer. – The Minister Finance shall, for purposes of travelling allowances, be the Controlling Officer of an Advisor.

14.           Travelling allowance for tour abroad. – An Advisor travelling on official business outside Pakistan shall be entitled to first class air fare and such allowance as may be specified by Government.

15.           Medical facilities. – An Advisor shall be entitled, for himself and for his parents, spouse, real and step sons and daughters, wholly dependent upon him, to medical facilities admissible in terms of the Special Medical Attendance Rules, 1950.

16.           Leave. –

(a)            The Chief Minister may grant, to an Advisor during his term of office at any one time or from time to time, leave of absence, for urgent reasons of health or private affairs, for a period not exceeding three months in the aggregate.

(b)            The leave allowance of an Advisor shall be the same as his salary.

17.           Personal Staff. – An Advisor, except while on leave, shall be entitled to have such personal staff as may be sanctioned from time to time by Government.

18.           General. – (1) all reasonable precautions shall be taken to see that the official residence, transport and furniture provided to an Advisor by Government are used with the same care with which a person’s own property is taken care of.

(2)            All furniture and furnishing provided in an official residence shall be marked by the Buildings Department, Punjab, for the purpose of identification.

(3)            When an Advisor occupies an official residence, it shall be the duty of the officers concerned of the said Department to hand over charge of the furniture and furnishings in that residence to the Advisor or to a person authorized by him in writing according to an inventory to be drawn up and signed by such officer.

(4)            When an Advisor is about to vacate the official residence, he shall inform the officers concerned of the said Department and shall arrange that the furniture and furnishings of the official residence are handed over to that officer according to an inventory to be drawn up and signed.

19.           Telephone. – An Advisor shall be entitled to one official telephone at office and one official telephone at the residence, both for official and private purposes; provided that the liability of Government in respect of the telephone installed at the residence shall not exceed an amount equal to eight thousand local calls.

20.           Power to make rules. – Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.