THE [1][KHYBER PAKHTUNKHWA] SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS ETC.) ORDINANCE, 2000.

([2][KHYBER PAKHTUNKHWA] ORDINANCE NO. I OF 2000)

CONTENTS

PREAMBLE

SECTIONS

1.         Short title, extent and commencement.

2.         Rescission of certain orders.

3.         Removal of difficulties.

THE [3][KHYBER PAKHTUNKHWA] SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS ETC.) ORDINANCE, 2000

[4][KHYBER PAKHTUNKHWA] ORDINANCE NO.I OF 2000.

[22^nd April, 2000]

AN

ORDINANCE

to provide for rescission of certain orders relating

to Secretariat Allowance.

            WHEREAS it is expedient to provide for rescission of certain orders relating to Secretariat Allowance granted to certain employees of the Provincial Government and Provincial organizations etc, and to provide for matters connected therewith and incidental thereto;

            AND WHEREAS under the provisions contained in Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, the Governor of a province on the instruction of the Chief Executive may issue and promulgate an Ordinance, if the circumstances exist which render it necessary to take immediate action.

            AND WHEREAS the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

            NOW, THEREFORE, in exercise of powers aforesaid, and all other powers enabling him in that behalf, the Governor of the [5][Khyber Pakhtunkhwa], on the instructions of the Chief Executive, is pleased to make and promulgate the following Ordinance:

1.         Short title and commencement.---(1) This Ordinance may be called the [6][Khyber Pakhtunkhwa] Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000.

            (2)        It shall come into force at once and shall be deemed to have taken effect on the 15th of July, 1987.

2.         Rescission of certain orders.---(1)   The orders, letters, office memoranda, instructions and other instruments whereby the Secretariat Allowance was granted to certain Provincial Government Employees in the Provincial Secretariat, Governor’s Secretariat, Chief Minister’s Secretariat, Provincial Assembly Secretariat, other organizations of the Provincial Government and of the Provincial level and the orders, letters, office memoranda, instructions and other instruments amending the aforesaid orders, letters, office memoranda, instructions and other instruments, hereinafter referred to as the orders, converting the Secretariat Allowance into Personal Allowance are hereby rescinded and shall be deemed always to have been so rescinded on the 15^thday of July, 1987, and no financial benefit whatsoever, save and except as provided in sub-section (2), shall accrue or deemed to have accrued to become payable thereunder, to the persons employed in the aforesaid Secretariats and other organizations of the Provincial Government or at the Provincial level, notwithstanding any decision of any Court including a High Court and the Supreme Court of Pakistan.

            (2)        Any order made, instruction issued, decision of any Court including a High Court or the Supreme Court of Pakistan implemented immediately before the commencement of this Ordinance, shall be deemed to have been validly made, issued and implemented and the amount of Secretariat Allowance including Personal Allowance already paid thereunder shall be deemed to have been validly paid and shall not be recoverable from the recipients of such allowances.

3.         Removal of difficulties.---If any difficulty arises in giving effect to the provisions of this Ordinance, the Provincial Government may make such order as it may deem just and equitable to provide recompense for the benefit of the Provincial Government Servants who were recipient of the Secretariat Allowance or the Personal Allowance.