NORTH-WEST FRONTIER PROVINCE GOVERNMENT SERVANTS BENEVLENT FUND ORDINANCE, 1972.

N. W. F. P. ORDINANCE NO. VII OF 1972.

THE NORTH-WEST FRONTIER PROVINCE GOVERNMENT
SERVANTS BENEVLENT FUND ORDINANCE, 1972.

Peshawar, the 31st March, 1972.

AN

ORDINANCE

to provide for certain modifications in the law relating the constitutions
of a Benevolent Fund for relief of Government servants and their families.

WHEREAS it is expedient to provide for certain modification in the law relating to constitution of a Benevolent Fund for relief of Government servants and their families;

Preamble,

NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Proclamation of 20th December, 1971, and the Provisional Constitution  Order, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:-

1.  (1)  This Ordinance may be called the North-West Frontier Province Government Servants Benevolent Fund Ordinance, 1972.

Short title, application and commencement

(2)        It shall apply to all Government servants, as hereinafter defined; provided that Government may, by notification, except any class of Government servants from the operation of this Ordinance.
(3)        It shall come into force at once.

2.         In the Ordinance, unless the context otherwise requires, the follow- ing expressions shall have the meanings hereby respectively assigned to them, that is to say-

Definitions.

(a)        “Family” in relation to a Government servant means his or her-
(i)         wife or wives or husband, as the case may be;
(ii)        legitimate children and step children less than twelve years old;
(iii)       legitimate children and step children not less than twelve years old, if residing with and wholly dependent upon him or her;
(iv)       parents, sisters and minor brother, if residing with and wholly dependent upon him or her;
(b)        “Fund” means the fund constituted under this Ordinance;
(c)        “gazetted Government servant” means a Government servant holding a post declared to be a gazetted post by Government or any authority empowered by Government in this behalf;

(d)        “Government” means the Government of the North-West Frontier Province;
(e)        “Government Servant” means-

(i)         a person who is a member of a civil service of the Province;
or

(ii)        a person who holds any civil post in connect in with the affairs of the Province, including a member of the Civil Service of Pakistan who has opted for the Fund, but excluding any other servant of Pakistan;

(f)         “non-gazetted Government servant” means a Government servant other than a gazetted Government servant;

(g)        “prescribed” means prescribed by rules made under this Ordinance.

Fund.

3.  (1)  As soon as may be, Government shall constitute a fund to be known as the North- West Frontier Province Government Servants Benevolent Fund.

(2)  The Fund shall be divided into two parts; part-I for gazetted Government servants and part-II for non-gazetted Government servants.

(3)        Each part of the Fund shall consist of-
(a)        compulsory contributions recovered from the Government servants at such rates as may, from time to time, be made by Government;
(b)        such grants as may, from time to time, be made by Government;
(c)        other contributions and donations;
(d)        income from investments made under this Ordinance.
(4)        The money credited to the Fund shall be held in such custody as may be prescribed.

Utilization of The Fund.

4.  The Fund shall be utilized for-

(a)        giving financial assistance to the families of deceased Government servants;

(i)         giving financial assistance to the families of deceased Government servants;
(ii)        giving financial assistance to Government servants Invalided out of services;
(iii)       giving financial assistance to serving Government servant in deserving cases;
(iv)       making special grant to Government servants in exceptional cases;

(b)        defraying expenditure incurred in respect of management of the Fund.
Explanation.- The benefits admissible under this section will be in tradition to the pension, family pension or gratuities awarded under the rules regulating the conditions of service of Government servants.

5.         (1) All contributions recovered under clause (a) of sub-section (3) of the Government servants concerned.

Account and audit.

(2)        The Comptroller, North-West Frontier Province, shall be responsible for keeping the accounts of the Fund. Audit of the assets of and expenditure from the Fund shall be conducted by such authority as may be prescribed.

6.         (1) As soon as may be, Government shall, in such manner as may be prescribed, constitute the following Boards of Management, namely;-

Constitution And Power of The Board Management.

(a)        the Provincial Board of Management (Gazetted);

(b)        the Provincial Board of Management (Non-Gazetted);

(c)        a divisional Board of Management for each Division;

(d)        a District Board of Management for each District.

2.         Subject to such directions as may be issued by Government and such rules as may be made in this behalf-

(a)        the Provincial Board of Management (Gazetted) shall be responsible for management of part – I of the Fund and shall have the powers to invest moneys credited to that part of the Fund and to incur expenditure there from;

(b)        the Provincial Board of Management (Non-Gazetted) shall be responsible for management of part II of the Fund and shall have the powers to invest moneys credited to that part of the Fund and to make allocations there from to the Divisional Boards of Management;

(c)        a Divisional Board of Management shall, subject to such directions as may be issued by the Provincial Board of Management (Non-Gazetted), deal with all matter connected with part – II of the Fund in so far as it concerns the non-gazetted Government servants serving or employed in the Divisional Offices, and in particulars shall have the power to sanction expenditure from the allocations made to it by that board and to make allocations there from to the District Board of Management;

(d)        a District Board of Management shall, subject to such directions as may be issued by the Provincial Board of Management (Non- Gazetted or the Divisional Board of Management of the Division concerned, deal with all matters connected with part-II of the Fund in so far as it concerns the non-gazetted Government servants serving or employed in the District Offices and in particular shall have the powers to sanction expenditure from the allocations made to it by the Divisional Board of Management of the Division concerned.

Provided that the Provincial Board of Management (Non-Gazetted_ shall deal with part- II of the Fund in so far as it concerns the Non-gazetted Government servants serving or employed in the North-West Frontier Province Secretariat.

Powers to recover rent and lease money as arrears of land revenue.

7.         Any sum due as rent or lease-money in respect of property acquired or constructed by a Board or Management constituted under section 6 and the management where of vests in any such Board, if not paid within thirty days of its having become due, may, notwithstanding anything contained in any law, decree or order of any Court, agreement, deed or instrument, be recovered as arrears of land revenue.

Power to make rules.	9.  Government may make rules for bringing into effect the provisions of this Ordinance.
Repeal and savings.	10.  (1)  The West Pakistan Government Servants Benevolent Fund Ordinance, 1960 (W.P. Ord: XIV of 1960), hereinafter referred to as the said Ordinance, in its application to the North-Wet Frontier Province, is hereby repealed.

            (2)        Notwithstanding the repeal of the said Ordinance, everything done, action taken, liability incurred, jurisdiction or powers conferred, contract entered into and proceeding instituted, rights and assets acquired officer appointed or person authorized, notification or order issued, Fund created and utilized or Board of Management constituted under any of the provisions of the said Ordinance and rules made thereunder, shall, if not inconsistent with the provisions of this Ordinance, and the rules made thereunder continue in force and, so far as may be, be deemed to have been respectively done, taken, incurred, conferred, entered into and instituted, acquired, appointed or authorized, issued, created and utilized or constituted under this Ordinance and the rules made thereunder.