AN
ACT
to provide for the well-being, comfort and dignity of the
senior citizens of the Province of the Khyber Pakhtunkhwa.
WHEREAS it is expedient to provide for the well-being, comfort
and dignity of the senior citizens of the Province of the Khyber Pakhtunkhwa;
AND WHEREAS the Constitution of Islamic Republic of Pakistan,
enjoins on the State to alleviate the sufferings of all the citizens,
irrespective of sex, caste, creed or race;
PART-I
PRELIMINARY
It
is hereby enacted as follows:-
1. Short title, extent and commencement.---(1) This
Act may be called the Khyber Pakhtunkhwa Senior Citizens Act,
2014.
(2) It shall extend to the whole of the Province
of the Khyber Pakhtunkhwa.
(3) It shall come into force at once.
2. Definitions.---In this Act, unless the
context otherwise requires, the following expressions shall have the meanings
hereby respectively assigned to them, that is to say,-
(a) “Chairperson” means the Chairperson of
the Council;
(b) “Council” means the Khyber Pakhtunkhwa
Senior Citizens Welfare Council established under section 3;
(c) “Fund” means the Khyber Pakhtunkhwa
Senior Citizens Welfare Fund established under section 10;
(d) “Government” means the Government of the
Khyber Pakhtunkhwa;
(e) “prescribed” means prescribed by rules
or regulations;
(f) “Province” means the Province of the Khyber
Pakhtunkhwa;
(g) “regulations” mean regulations made
under this Act;
(h) “rules”
mean rules made under this Act;
(i) “senior citizen” means a citizen of the
Province of the age of 60 years and above;
(j) “welfare” includes all such services
relating to social, economic, boarding, lodging and legal protection of senior
citizens; and
(k) “welfare packages or grants” mean
welfare and social security packages or grants announced for welfare of the
senior citizens by Government on the recommendations of the Council.
PART-II
SENIOR CITIZEN WELFARE COUNCIL
3. Establishment of the Council.---(1) As
soon as after the commencement of this Act, Government shall establish a Council
to be known as the Khyber Pakhtunkhwa Senior Citizens Welfare Council.
(2) The Council shall be a body corporate
having perpetual succession and a common seal with power, subject to the
provisions of this Act, to enter into contracts, acquire, purchase, hold and
dispose of both movable and immovable property and shall by its name, sue or be
sued.
4. Composition of the Council.---(1) The
Council shall consist of-
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(a) Minister for Social Welfare, Special
Education and Women Empowerment Department;
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Chairperson
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(b) Secretary to Government, Social
Welfare, Special Education and Women Empowerment Department;
(c) two
members of the Provincial
Assembly Khyber Pakhtunkhwa, one from the Treasury Benches and the
other from the Opposition;
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Vice-Chairperson
Members
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(d) Secretary to Government, Health
Department;
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Ex-officio
Member
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(e) Secretary to Government, Planning and
Development Department;
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Ex-officio
Member
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(f) Secretary to Government, Finance
Department;
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Ex-officio
Member
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(g) Secretary to Government, Local
Government, Elections and Rural Development Department;
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Ex-officio
Member
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(h) Commissioner,
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Ex-officio
Member
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(i) four representatives, two from senior
citizen organizations and two from other Non-Governmental Organizations preferably
working for senior citizen nominated by Government through a proper selection
by a committee chaired by the Chief Secretary or his nominee; and
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Members
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(j) Director, Social Welfare, Special
Education and Women Empowerment Department.
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Ex-officio Member-cum-Secretary.
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(2) The Council shall have powers to
co-opt members from amongst persons who are experts in their respective fields,
for advice on particular matters under consideration.
(3) The members of the Council, other then
ex-officio members, shall be nominated for a term of three years which may be
extended for another term of three years if approved by the Council.
(4) If a member of the Council, other than
ex-officio member, is unable to perform as member of the Council, he shall
inform the Council and the Council after receiving such information, may cancel
his membership.
(5) Any casual vacancy of a member, other
than an ex-officio member, shall be filled in by a person nominated by
Government and the person so nominated shall hold office for the unexpired
period of the term of his predecessor.
5. Powers
and functions of the Council.---(1) Subject to the provisions of this Act and rules, the Council shall exercise such powers
and perform such functions, as may be necessary for carrying out the purposes
of this Act.
(2) Without prejudice to the generality of
the fore-going sub-section, the Council shall-
(a) formulate policy proposals on aging in
the light of national commitments on the welfare of senior citizens and submit
it to Government for the approval from time to time;
(b) conduct research and compile data on
various aspects of aging for the wellbeing of senior citizens for policy or
plan formulation;
(c) take steps towards introduction of
geriatrics as part of the syllabus of medical universities or colleges;
(d) propose arrangements in hospitals for
better medical attention to senior citizens;
(e) create facilities including clubs, for
better social inter-action among senior citizens;
(f) arrange workshops to educate senior
citizens about life changes required for a healthy and stratifying old age;
(g) formulate proposals to accommodate the
requirements of senior citizens in urban and rural planning and development;
(h) undertake social, economic and other
welfare activities in collaboration with public and private sectors for the
welfare of senior citizens;
(i) mobilize of financial resources for
welfare of the senior citizens;
(j) constitute committees to assess and
carry out welfare activities for senior citizens;
(k) co-ordinate with Government,
non-governmental and international social and welfare organizations at national
and international level to take steps for the welfare of senior citizens;
(l) make
regulations for proper functioning of the Council including regulations for
appointment of different categories of employees under the administrative
control of the Council;
(m) publish reports and other material for
guidance and welfare of senior citizens;
(n) grant of senior citizens awards in the
fields of their expertise;
(o) create awareness in the public through
organizing seminars, workshops, conferences and use of mass media;
(p) establish senior citizens homes to
accommodate homeless, deserted and indigent senior citizens; and
(q) encourage to setup organization of
senior citizen corps for utilization of their potential for service activities
and national development.
6. Meetings of the Council.---(1) The meetings of the Council
shall be held quarterly, and shall be presided over by the Chairperson or, in
absence, by the Vice Chairperson and in the absence of both of them by a member
nominated by the Chairperson for the purpose. One third of the total members
shall constitute the quorum and no quorum shall be necessary for adjourning the
meeting.
(2) All decisions of the Council shall be
taken with simple majority of the members of the Council present in the meeting.
The Chairperson shall have a casting vote in case of a tie.
(3) Decision of the Council shall be
recorded by the Secretary of the Council, who shall circulate such decisions
for confirmation to Chairperson and the members within fifteen days of each
meeting.
7. Head office of the Council.---The Head office of the Council shall be at Peshawar
8. Officers, employees,
etc.---To carry out the purposes of this Act, the Council may,
with the approval of Government, appoint advisors, consultants and experts,
having specialization and expertise in the related field and other officers and
employees on such terms and conditions as may be prescribed.
9. Privileges to senior
citizens.---(1) A senior citizen may, on completion of his sixty
(60) year of age, apply for the senior
citizen card.
(2) The procedure and criteria for
obtaining the senior citizen card shall be such, as may be prescribed by rules.
(3) The senior citizens shall be allowed
the following privileges on the basis of senior citizen card:
(a) free of charge entry to public
museums, libraries, parks and recreation facilities;
(b) financial supports to deserving senior
citizens;
(c) separate
counters for senior citizens in hospitals;
(d) concession
in medical and medicine charges;
(e) separate
medical wards; and
(f) membership of organization of senior
citizens corps.
10. Fund.---(1) There shall be established a Fund to be known as the
Khyber Pakhtunkhwa Senior Citizens Welfare Fund, consist of-
(a) all grants, allocations made by the
Federal Government or Government;
(b) donations, endowments, contributions
made by the private individual organizations within country and abroad; and
(c) all sums received by the Council from
any other source including Pakistan Bait-ul-Mal, Profits on Investment from
funds, funds generated by different motivated campaigns and received from any
lawful sources. Funds shall be invested only in scheduled banks, the National
Saving Centre or other “Blue Chip” secure schemes. No investment will be made
in stock market shares or used for speculation in any manner.
(2) The Fund shall be administered by the
Council, which shall make such allocations for specific activities, enumerated
in sections 8 and 9 of this Act and may deem appropriate in line with the performance
of functions of the Council.
(3) Government shall make annual budgetary
allocations for the establishment and other charges of the Council.
(4) The Fund shall be utilized for-
(a) the
establishment charges; and
(b) welfare
of the senior citizens.
(5) The Fund shall be maintained in a
scheduled bank and shall be operated in accordance with directions of the
Council.
(6) The Fund shall be regularly monitored
by the Council and audited in the same manner as in the case of the funds of
other Government Departments.
(7) The annual audit report of the Fund
shall be made available to the general public and submitted to the Provincial
Assembly.
11. Public servants.---All employees of the Council shall be deemed to be public servants
within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act No. XLV
of 1860).
12. Power to make rules.---Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
13. Power to make regulations.---Subject to the Provisions of
this Act and rules, the Council may
by notification in the official Gazette make regulations for carrying out the
purposes of this Act.
14. Repeal.--- The Khyber Pakhtunkhwa Senior Citizens Ordinance,
2014 (Khyber Pakhtunkhwa Ord: No. X of 2014) is hereby repealed.
BY ORDER OF MR. SPEAKER
PROVINCIAL ASSEMBLY OF KHYBER
PAKHTUNKHWA
__________________________________________________________________
(AMANULLAH)
Secretary
Provincial Assembly
of Khyber Pakhtunkhwa
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