Pakistan (Punjab) Legislation

THE PUNJAB SPECIAL ASSISTANTS (SALARY, ALLOWANCES AND PRIVILEGES) ORDINANCE, 2002

(Ordinance LXXVI of 2002)

Section Heading

1. Short title and commencement.

2. Definitions.

3. Appointment and term of office.

4. Salary.

5. Sumptuary Allowance.

6. Transport.

7. Official residence.

8. Travelling Allowance.

9. Form of Certificate.

10. [Omitted]

11. Compensation in case of air accident.

12. Daily allowance.

13. Controlling Officer.

14. Travelling allowance for tour abroad.

15. Medical facilities.

16. Leave.

17. Personal Staff.

18. General.

19. Telephone.

20. Power to make rules.

[1]THE PUNJAB SPECIAL ASSISTANTS (SALARY, ALLOWANCES AND PRIVILEGES) ORDINANCE, 2002

(Ordinance LXXVI of 2002)

[28 October 2002]

An Ordinance to provide for appointment, salary, allowances and privileges of Special Assistants to the Chief Minister of the Punjab.

Preamble.- Whereas it is expedient to provide for appointment, salary, allowances and privileges of Special Assistants 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 Special Assistants (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) "Chief Minister" means the Chief Minister of the Punjab;

(b) "family" means the wife and children residing with and wholly dependent upon the Special Assistant;

(c) "Government" means the Government of the Punjab;

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

(e) "official residence" means the house reserved from time to time for residence by a Special Assistant and includes out houses and gardens appurtenant thereto;

(f) "prescribed" means prescribed by rules framed under this Ordinance; and

(g) "Special Assistant" means a person appointed as Special Assistant to the Chief Minister under this Ordinance.

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

(2) A Special Assistant shall perform such functions as may be assigned to him by the Chief Minister.

4. Salary.- [2][(1)] The salary of a Special Assistant shall be [3][one hundred thousand] rupees per month.

[4][(2) The Government shall, by notification, increase the salary mentioned in subsection (1) in proportion to the increase in the salary of the civil servants of highest grade.

Explanation.- The word "salary" in subsection (2) shall include any ad hoc relief or special allowance provided to the civil servants of the highest grade, having the effect of increase in the basic pay of the civil servants.]

5. Sumptuary allowance.- A Special Assistant shall be entitled to get [5][fifteen thousand] rupees per month as sumptuary allowance.

6. Transport.- A Special Assistant 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 a Special Assistant who is removed from his office on the ground of misconduct.

7. Official residence.- (1) A Special Assistant 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, a Special Assistant 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 a Special Assistant chooses to reside:-

(i) in his own house; or

(ii) in a rented house occupied by him before his appointment as a Special Assistant;

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 a Special Assistant travelling on official duty shall be treated as a first grade officer.

(2) A Special Assistant 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 a Special Assistant shall purchase return air ticket.

(4) A Special Assistant, 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 kilograms when travelling by a requisitioned railway saloon.

(5) A Special Assistant reserving accommodation in the 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 a Special Assistant travels on duty, in 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 a Special Assistant 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."

[6][10. * * * * * * * * * * * * *]

11. Compensation in case of air accident.- (1) If a Special Assistant, 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 Special Assistant and in case of death, to such member or members of his family, or if there be no such member, 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 Special Assistant and addressed to the Accountant General, Punjab.

12. Daily allowance.- A Special Assistant, while on tour, shall 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 a Special Assistant.

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

[7][15. Medical facilities.- A Special Assistant 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 a Special Assistant 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 a Special Assistant shall be the same as his salary.

17. Personal Staff.- A Special Assistant, except while on leave, shall be entitled to have such personal staff as may be sanctioned by Government.

18. General.- (1) All reasonable precautions shall be taken to see that the official residence, transport and furniture provided to a Special Assistant 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 a Special Assistant occupies an official residence, it shall be the duty of the officer concerned of the said Department to hand over charge of the furniture and furnishings in that residence to the Special Assistant or to a person authorized by him in writing according to an inventory to be drawn up and signed by such officer.

(4) When a Special Assistant is about to vacate the official residence, he shall inform the officer 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.- A Special Assistant 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 ten 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.