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AN
ACT
to provide for establishment of a
Board for the common benefit of the Provincial employees of the Government
and to provide for their group insurance and the matters connected therewith
or ancillary thereto.
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Preamble.
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WHEREAS, it is expedient to provide for establishment of the Balochistan Provincial
employees Group Insurance to regulate the Group Insurance of the Provincial
employees of the Government of Balochistan and to promote and protect their
legitimate interests in the same; and to provide for their group insurance and
the benefits attach
therewith;
It is hereby enacted as follows: —
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CHAPTER-I
PRELIMINARY
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Short
title, extent and commencement.
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1. (1) This Act may be called the Balochistan
Provincial Employees Group Insurance Act, 2009.
(2) It extends to
whole of the Province of the Balochistan except the Tribal Areas and shall
apply to every employee wherever he may be.
(3) It shall come
into force at once.
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Definitions.
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2.
In this Act, unless
there is anything repugnant in the subject or context, —
(a)
“Act” means the Balochistan
Provincial Employees Group Insurance Act,2009
(b) “Board” means the Board of Trustees set
up under section 4 of this Act;
(c) “Employees” means any person who is a member
of civil service of the Province or who holds a civil
post
in connection with the affairs of the Province; and includes any such person,
officer, servant or member of the staff who is -
(i)
on deputation elsewhere or on
foreign service within the meanings of the Fundamental Rules,
(ii)
undergoing study or training in or
outside Pakistan.
(iii) on leave, or
(iv) under orders of suspension
(d) “family” means -
(i)
in the case of a male employee,
the wife or wives, and in the case of
female employee the husband of the employee, and
(ii)
mother;
(iii) father;
(iv) unmarried sisters below the age of
21 years and widowed sisters; and
(v)
brothers below the age of 21
years.
(e) “Government” means the Government of
Balochistan.
“Government” means the Government
of Balochistan.
(f) “Group Insurance” means the Provincial
Employees Group Insurance established under section 10 of this Act;
(g) “Insurance Fund” means the Provincial
Employees Insurance Fund established under section 12 of this Act;
(h) “Member” means a member of the Board of
Trustees.
(i) “Prescribed” means prescribed by
rules;
(j) “Retired Government Employee” Retired
Government employee includes an employee who opt to retire after completing
25 years qualifying service or who has attained the age of superannuation; and
(k) “Rules” mean rules made under this Act;
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Act
to override other laws.
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3. The provisions of this Act shall have
effect notwithstanding anything to the contrary contained in any other law
for time being in force and the rules made thereunder:
Provided that nothing
herein contained shall affect the right to receive any pension, provident
fund, gratuity or other benefits accruing to an employee on his retirement or
invalidation or to his family upon his death otherwise than under this Act.
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CHAPTER-II
BOARD OF TRUSTEES
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Board
of Trustees.
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4. (1) There shall be set up a Board to be
known as the Board of Trustees of the ‘Provincial Employees Insurance Fund
which shall consist of the following namely: -
(a)
Chief Secretary -- Chairman.
Balochistan.
(b)
Secretary Finance -- Member.
Govt.
of Balochistan.
(c)
Secretary Labour -- Member.
Govt.
of Balochistan.
(d)
Secretary, Industries -- Member.
Govt.
of Balochistan.
(e)
Additional Secretary -- Member.
Law
Department.
(f)
Additional Secretary -- Member.
S&GA
Department.
(g)
Additional Secretary -- Member.
C&W
Department.
(h)
Additional Secretary -- Member/
Finance
Department. Secretary
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Board
to be body corporate.
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5. The Board shall be a body corporate
having perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire, hold and dispose of property both movable
and immovable and may be sue or be sued by its name.
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Head
Office.
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6. The head office of the Board shall be
at Quetta and it may have regional Offices at such places as it may decided.
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Function
and powers of the Board.
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7. The Board shall have powers: -
(a)
to settle claims for sums assured
under this Act and all matters connected with such claims;
(b)
to sanction grant from the Group
Insurance to the employees or their families in accordance with the
provisions of this Act and the rules made thereunder;
(c)
to do or cause to be done all acts
and things necessary for the proper administration and management of the
moneys or properties in the Group Insurance;
(d)
to sanction expenditure connected
with the administration and management
of the Group Insurance;
(e)
to make arrangement for the
insurance of the life of the employees to give effect to the provisions of
this Act;
(f)
to invest moneys held in the Group
Insurance in profitable ventures;
(g)
to appoint or employ such persons
as it considers necessary for the efficient performance of its operations on
such terms and conditions as it may determine; and
(h)
to do or cause to be done all
things ancillary or incidental to any of the aforesaid powers or to the
purposes of the Group Insurance.
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Meeting
of the Board.
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8. (1) The
meetings of the Board shall be held at Quetta.
(2) To
constitute a quorum at a meeting of the Board, the number of members present
shall be five.
(3) Unless
otherwise prescribed by this Act, all orders and decisions of the Board shall be with a
majority view for which each Member shall have one vote; and in the event of
equality of votes on any matter, the Chairman shall have a casting vote.
(4) The
meetings of the Board shall be presided over by the Chairman and in his
absence by the Finance Secretary.
(5) All
orders and decisions of the Board shall be authenticated by the signature of
the Chairman or of such other member as may have been authorized by the
Board.
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Delegation
of powers.
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9.
The Board may delegate such of its powers and duties under the Act, to
any of the Member (s) individually or jointly, as it may deem necessary to
facilitate the discharge of its function and to ensure efficient operation of
the Insurance Fund, subject to such conditions and limitations if any, as may
be specified therein.
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CHAPTER-III
GROUP INSURANCE
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Insurance
of employees.
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10. Subject to the provisions of this Act in
the event of retirement or the death of an employee during employment,
occurring by whatsoever cause, the Board shall pay to the retired employee or
to the family of the deceased employee a sum as may be prescribed.
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Arrangements
with Insurance Company etc.
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11. The Board may from time to time if
considered necessary arrange for the insurance of the life of the employees
in sums as may be prescribed with such insurance company or other insurer and
for such period as it deems fit, and where any such arrangement subsists, the
liability to pay the said specified sums shall directly devolve upon the
insurance company or other insurer.
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Provincial
Employees Insurance Fund.
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12. (1) There
shall be established a fund to be called the Provincial Employees Insurance
Fund which shall vest in and be held and administered by the Board.
(2) All
sums received from the employees as premium for the group insurance of the
employees and any interest or profit accruing thereon shall be credited to
the Insurance Fund.
(3) The
moneys credited to the Insurance Fund shall be kept in such banks/financial
institutions as the Board may decide.
(4) All
payments made under section 10, the expenses on any arrangement entered into
by the Board with any insurance company or other insurer as provided for in
section 11 and all expenses on the administration of the Insurance Fund shall
be defrayed from the Insurance Fund.
(5) Any
sums remaining in the Insurance Fund after defraying the expenses referred to
in sub-section (4) may be utilized for such purposes connected with the
benefit of the employee and their families as the Board may direct.
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Payment
of premium.
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13. (1) Every
employee during continuance of his service shall pay a monthly payment to the
Provincial Group Insurance Fund at the rate specified in column 3 of the
schedule.
Provided that the
Government may from time to time, on the recommendations of the Board,
re-fixed the rates of the deduction
of premium specified in the Scheduled by a notification to be published in
the official Gazette.
(2) Where the amount of premium cannot for
any reason be deducted from
the pay of the employee, the employee shall
remit to the Insurance Fund the sum of
premium payable by him, and any premium remaining unpaid due to
inadvertence or negligence of the employee
or otherwise shall be recoverable from him in
such manner as may be
determined by the Board.
(3) Default in the payment of premium either
for the reason that the pay of the employee was not drawn or due to his
negligence or fault or for any other reason whatsoever shall not affect the
right of the employee or his family to receive the sum assured in the event
of his retirement or death of the employee, but the premium remaining unpaid
at the time of his retirement or death may be recovered from the assured
amount.
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Payment
of the sum assured.
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14. (1) At the time of retirement or the death of an employee, the
sum assured shall be paid to the employee or such member or members of his
family as he might have nominated in accordance with the rules in full or in
the shares specified by him at the
time of making
the nomination or in absence of any
nomination to the family member(s) receiving
pension of deceased employee at the rate specified in column 2 of the
schedule within 60 days:
Provided that the employee
retiring before the 1st of January 2009 shall be paid the actual
amount of his contribution plus a reasonable increase not exceeding rupees
fifty thousands.
Provided further that the
Government may from time to time, on the recommendations of the Board,
re-fixed the rates of “sum assured” as specified in the Scheduled by a
notification to be published in the official Gazette.
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CHAPTER-IV
GENERAL PROVISIONS
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Audit
and accounts.
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15. (1) The
accounts of the Insurance Fund shall be maintained in such form and in such
manner as the Board may from time to time, direct and by such officer (s) as
the Board may appoint.
(2) The
accounts of the Insurance Fund shall be audited by Local Fund Audit or
Auditor General of Pakistan
or a registered Chartered Accountant as the Board may decide.
(3) Audit
Report of the Accounts shall be submitted to the Board for appropriate
action.
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Protection
of action taken in good faith.
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16. No
suit, prosecution or other proceedings shall lie against the Board or any
officer or other authorized person for anything done in good faith or
purporting to have been done in pursuance of this Act or the rules.
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Power
to make rules.
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17. The Government may make rules for
the purpose of giving effect to all or any of the provisions of this Act.
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Removal
of Difficulties.
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18. If
any difficulty arises in giving effect to any of the provisions of this Act
the Government may make such Order, not inconsistent with the provisions of
this Act, as may appear to him to be necessary for the purpose of removing
the difficulty.
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Repeal.
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19. The Provincial
Employees Group Insurance Ordinance, 2007 (Ordinance No.XII of 2007), is
hereby repealed.Ordinance
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Savings.
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20. (1) Notwithstanding any thing contained in
any other law, upon coming into force of this Act every thing done, action
taken, obligations or liabilities incurred, rights and assets acquired,
persons appointed or authorized, jurisdiction or powers conferred,
endowments, bequests, funds or trust created, donations or grants made,
Scholarships or privileges granted and orders issued under any of the
provisions of the Provincial
Employees Group Insurance Ordinance, 2007 (Ordinance
No. XII of 2007) or other legislative instruments or the statutes, the
Regulations and the Rules made or deemed to have been made thereunder, shall
if not inconsistent with the provisions or the Rules made under this Act, be
continued and, so far as may be deemed to have been respectively done, taken,
incurred, acquired, appointed, instituted, granted, and issued under this
Act, and any documents referring to any of the provisions of the said
Ordinance, other legislative instruments or statutes the Regulations, and the
Rules first referred shall so far as may be, be considered to refer to the
corresponding provisions of the Ordinance or the statutes, the Regulations
and the Rules made, under this Act.
(2) The offices
of the Board functioning in terms of the provisions of the Provincial Employees Group
Insurance
Ordinance, 2007 (Ordinance No. XII of 2007),
or other legislative instruments shall continue to function in terms of the
said Ordinance.
(3) Any statutes, Regulations or Rules made
or deemed to have been made under the Provincial
Employees Group Insurance Ordinance, 2007 (Ordinance
No. XII of 2007) or
other legislative instrument shall, if not inconsistent with the provisions
of this Act, be deemed to be statutes, Regulations or Rules made under this
Act having regard to the various matters which by the Ordinance have to be
regulated or prescribed by Statutes Regulations and Rules respectively, and
shall continue to be in force until they are repealed, rescinded or modified
in accordance with the provisions of the Act.
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