[1]THE PUNJAB GOVERNMENT SERVANTS HOUSING
FOUNDATION ACT 2004
( X of
2004)
[10th
March, 2004]
An
Act
to provide for the
establishment of Housing Foundation for the Government servants.
Preamble. – Whereas it is expedient to
establish the Punjab Government Servants Housing Foundation in order to
introduce a scheme for providing houses, [2][3][or
plots] on no profit no loss basis to Government
servants on their retirement, or to their families in case of death during
service and to make provisions for matters connected therewith or ancillary
thereto. It is hereby enacted as follows:-
1.
Short title,
extent, commencement and application. – (1) This Act may be called the
Punjab Government Servants Housing Foundation Act 2004.
(2)
It extends to the whole of the Province of the Punjab.
(3)
It shall come into force at once but shall take effect
on such date as may be notified by the Government in the official Gazette.
(4)
It shall apply to all Government servants.
2.
Definitions.
– In this Act, unless there is anything repugnant in the subject or
context, the following expressions shall have the meanings hereby respectively
assigned to them, that is to say–
(a)
“Board” means the Board of Directors of the Foundation;
(b)
“family” in relation to a Government servant means his
or her relations in the following order:-
(i)
wife, wives or husband, as the case may be;
(ii)
children, if residing with and wholly dependent upon
him or her;
(iii)
parents, sisters and minor brothers, if residing with
and wholly dependent upon him or her;
(c)
“Foundation” means the Punjab Government Servants
Housing Foundation
established under this Act;
(d)
“fund” means the fund established under this Act;
(e)
“Government” means the Government of the Punjab;
(f)
“Government servant” means a person holding a
Government post and includes–
(i)
a person who is a member of a civil service of the
Province of the Punjab; or
(ii)
a person who holds any civil post of any scale of pay
from BS-1 to BS-22, in connection with the affairs of the Province; or
(iii)
a member of the Civil Service of Pakistan who, while
serving under the Provincial Government, has opted to become a member of the
Foundation and satisfies such other conditions as may be prescribed:
[4]["(ff)
"house" includes a flat or quarter of any category to be allocated to
a member;]
Provided that
such a person is not employed on contract or on work-charge basis, or is paid
from contingencies;
(g)
“member” means a Government servant who is a member of
the Foundation; [5]["(gg)
"plot" means a residential plot of any category to be allocated to a
member;".]
(h)
“prescribed” means prescribed by the rules made under
this Act;
(i)
“regulations” means the regulations framed under
section 22 of this Act; and (j) “rules”
means the rules made under section 21 of this Act.
3.
Establishment
of the Foundation. – (1) As soon as may be after the commencement of this
Act, the Government shall establish a foundation to be known as the Punjab
Government Servants Housing Foundation.
(2)
The Foundation shall be a body corporate, having
perpetual succession and a common seal with power, subject to the provisions of
this Act, to acquire land in accordance with law and hold properties both
movable and immovable and may sue and be sued by the said name.
(3)
The Government may, from time to time, transfer state
or nazul land, free of cost, to be utilized for the purpose for which the
Foundation is established.
4.
Board of
Directors. – (1) The Foundation shall have a Board of Directors comprising
the following:-
|
(a)
|
Chief Secretary to the Government of the
Punjab;
|
Chairman/
Director
|
|
(b)
|
Additional Chief Secretary to the
Government of the Punjab;
|
Director
|
|
(c)
|
Chairman, Planning and Development Board
Punjab;
|
Director
|
|
(d)
|
Senior Member, Board of Revenue, Punjab;
|
Director
|
|
(e)
|
Secretary to Government of the Punjab,
Finance Department;
|
Director
|
|
(f)
|
Secretary to Government of the Punjab,
Housing, Urban Development and Public
Health Engineering Department;
|
Director
|
|
(g)
|
three civil servants of the Punjab, [6][including
at least one female civil servant] one representing the civil servants from
BS-1 to BS-17, to be appointed by the Government for a specified period;
|
Directors
|
|
(h)
|
three other persons [7][including
at least one woman] as may be appointed by the Government for a specified
period; and
|
Directors
|
|
(i)
|
Managing Director of the Foundation
|
Director/
|
Secretary.
(2)
Six Directors including at least three ex-officio
Directors shall constitute quorum in a meeting of the Board.
(3)
Decisions shall be taken by the Board by simple
majority and the Chairman shall have the casting vote in case of equality of
votes.
5.
Removal of a
Director. – (1) A Director, not being an ex-officio Director, shall hold
office during the pleasure of the Government.
(2)
Government may remove any such Director during the
tenure of his office in the prescribed manner.
6.
Casual
vacancy. – Any vacancy caused due to the death, resignation or removal of a
Director, other than an ex-officio Director, shall be filled in by the
Government through appointment of another person as Director and such appointee
shall, subject to the provisions of section 4, hold such office for the
unexpired period of the term of his predecessor.
7.
Power and
functions of the Board.– Subject to the provisions of this Act, the Board shall
exercise such powers and take such measures as may be necessary for carrying
out the purposes of this Act, including–
(a)
to take steps for the establishment of a Fund in the
manner hereinafter provided, for carrying out the purposes of the Foundation
including incurring of expenditure and investment of money;
(b)
to arrange, purchase or acquire land, wherever
necessary, within the Province of the Punjab;
(c)
to develop the land for the purpose of setting up [8][9][housing
schemes with provisions for houses or plots, commercial area] and social,
recreational, educational, health or other activities necessary for the benefit
and welfare of the members and their families;
(d)
to prepare a master plan for the development of land [10][to
establish housing schemes for] the members in accordance with the provisions of
this Act and the rules;
(e)
to create organizations and employ such persons as may
be necessary for
running affairs of the
Foundation;
(f)
to exercise control over the housing schemes and look
after the operation and maintenance of all essential services;
(g)
to receive such fees and other user charges as may be
prescribed;
(h)
to sell or dispose of assets, movable or immovable, of
the Foundation in such a manner as may be determined by the Board;
(i)
to appoint employees and determine their terms and
conditions of service;
(j)
to authorize spending from the fund;
(k)
to delegate any of these powers and functions to a
person or to a body of persons; and
(l)
to do such acts as are ancillary and incidental to the
above functions.
8.
Management.
– Executive authority and management of the Foundation shall vest in the
Board.
9.
Committees.
– The Board may constitute such committees as may be necessary for carrying
out the purposes of this Act.
10.
Managing
Director. – (1) There shall be a Managing Director of the Foundation who
shall also be the chief executive of the Foundation.
(2)
The Managing Director shall be appointed by the Board
with the approval of the Government for a specified term.
(3)
The Managing Director shall exercise such powers and
perform such functions as may be determined by the Board.
(4)
The Managing Director shall hold office during the
pleasure of the Board.
(5)
The Managing Director shall cease to hold office in the
manner as may be prescribed.
11.
Annual
progress report. – (1) The Foundation shall prepare an annual progress
report at the end of each financial year.
(2)
This report shall be submitted in a meeting of the
Board, whenever such meeting takes place after the preparation of the report.
12.
Establishment
of fund. – (1) As soon as may be, after the commencement of this Act, the
Foundation shall arrange establishment of a fund with the help and assistance
of the Government.
(2)
The fund shall consist of -
(a)
such grants as may, from time to time, be made by the
Government;
(b)
other contributions and donations by private or public
organizations;
(c)
such loans and advances as may be obtained from
financial institutions with the help of the Government wherever necessary;
(d)
contributions made by members from time to time;
(e)
income and profits from investments from various
sources;
(f)
fees or other user charges;
(g)
amounts received from sale or disposal of assets of the
Foundation; and
(h)
all other sums received by the Foundation and income
from any other source.
(3)
The monies credited to the fund shall be kept in such
custody as may be prescribed.
13.
Membership
of the Foundation. – (1) A Government servant may become member of the
Foundation in the manner as prescribed in the rules.
(2)
A member shall be liable to pay such monthly
contribution as may be determined by the Board from time to time.
[11][12][14. Termination of membership.– (1) The
Managing Director of the Foundation may, in the prescribed manner and after
affording an opportunity of hearing, terminate the membership of a Government
servant.
(2) Any person
aggrieved from an order passed under sub-section (1) may, within thirty days
from the date of the communication of the order, file representation against
the order before the Board and the Board shall pass appropriate orders on such
representation after giving the aggrieved person an opportunity of being
heard.]
15.
Manner of
collection of contributions and maintenance of accounts. – (1) All monthly
contributions shall be deducted at source from the salary of the member
concerned by the Accountant General or the District Accounts Officers, as the
case may be, within whose jurisdiction the disbursement of salary is made to
that member.
(2)
The Accountant General Punjab shall allocate a separate
sub head for deduction of contributions from the [13][14][salary]
of the Government servants and pass on the credit to the Foundation regularly
within one month of such deduction.
(3)
The Foundation shall maintain separate account in
respect of each member and be responsible to ensure that the amounts of
contributions paid by the member or deducted from his [15][16][salary]
by the Accountant General or the District Accounts Officer, as the case may be,
have been received and accounted for in the books of the Foundation.
16.
Disposal of [17][houses or plots] – Subject to
provisions of this Act, the Foundation shall dispose of the [18][houses
or plots] in favour of its members at the time of their retirement, or in
favour of their families in case of death during service:
Provided that in
case the number of [19][20][houses
or plots] exceeds the above requirement, the same may be disposed of in favour
of other members in the manner as may be prescribed. [21][17. Location etc. of houses and plots.–
(1) The housing schemes shall be carried out at locations as may be determined
by the Board and a member may be given three options of preference of the
locations of his choice.
(2)
The Board shall allocate a house or plot to a member
depending upon his option and entitlement on the basis of seniority, date of
retirement or any other deserving circumstance.
(3)
The Board shall determine price of a house or plot in a
housing scheme.
(4)
The Foundation shall annually update all payments made
by a member.
(5)
The Foundation shall not allot a house or plot to a
member unless the member has paid in full the price of the house or plot before
draw.]
18.
Budget and
audit. – The budget of the Foundation shall be approved and its accounts
shall be audited in the manner as may be prescribed.
19.
Directions
by Government. – The Foundation shall, in discharging its functions, act
and be guided by such directions as the Government may give to it from time to
time.
20.
Public
servants.– All persons acting or purporting to act in pursuance of any
provision of this Act, shall be deemed to be public servants as defined in
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
21.
Power to
make rules. – Government may make rules for carrying out the purposes of
this Act.
22.
Power to
make regulations.– Subject to the provisions of this Act and the rules, the
Board may frame regulations to give effect to the provisions of this Act.
[1] This Act was passed by the
Punjab Assembly on 23 February 2004; assented to by the Governor of the Punjab
on 9 March 2004; and, published in the Punjab Gazette (Extraordinary), dated 10
March 2004, pages 717 to 720.
[2]
Inserted by the Punjab Government Servant Housing Foundation ( Second Amendment)
Act, 2012 (Act I of
[3] )
[4]
Inserted by the Punjab Government Servant Housing Foundation ( Second
Amendment) Act, 2012 (Act I of
[5] Inserted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
2013)
[8] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[9] )
[10] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[11] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[12] )
[13] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[14] )
[15] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[16] )
[17] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
2013)
[18] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[19] Substituted by the Punjab
Government Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of
[20] )
[21] Substituted by the Punjab Government Servant
Housing Foundation ( Second Amendment) Act, 2012 (Act I of
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