THE [1][KHYBER PAKHTUNKHWA], MINISTERS (SALARIES, ALLOWANCES AND PRIVILEGES) ACT, 1975.

[2][KHYBER PAKHTUNKHWA] ACT NO. IV OF 1975.

        [23^rd June, 1975.]

CONTENTS.

PREAMBLE

SECTIONS:

1.         Short title and commencement.

2.         Definitions.

3.         Salary.

4.         Allowance on taking up and laying down the office.

5.         Sumptuary Allowance.

[3][6.     Equipment Allowance.]

7.         Transport.

[4][7A. Electricity and gas charges.]       

8.         Official residence.

9.         Travelling allowance for touring in Pakistan.

        Journey by rail.

        Journey by steamer or launch.

        Journey by road.

10.     Compensation in case of air accident.

11.      Daily Allowance during halt.

12.     Travelling allowance for tour abroad.

[5][12A. Discretionary grant].

13.     Special privileges of the Chief Minister.

14.     Controlling Officer.

15.     Medical facilities.

16.     Leave.

17.     Personal Staff.

18.     Provident Fund.

19.     General.

20.     Repeal.

THE [6][KHYBER PAKHTUNKHWA], MINISTERS (SALARIES, ALLOWANCES AND PRIVILEGES) ACT, 1975.

[7][KHYBER PAKHTUNKHWA] ACT NO. IV OF 1975.

        [23^rd June, 1975.]

AN
ACT

to provide for the salaries, allowances and privileges of Ministers in the [8][Khyber Pakhtunkhwa]province.

            It is hereby enacted as follows: — 

            (2) It shall come into force at once.

(a)      “Constitution” means the Constitution of the Islamic Republic of Pakistan;

(b)      “family” means [10][the parents,] the wife, legitimate and step children residing with and wholly dependent upon the Minister;

(c)       “Government” means the Government of the [11][Khyber Pakhtunkhwa];

(d)      “maintenance” in relation to a residence includes the payment of water rates, local rate, local taxes, electricity, gas and fuel charges and the conservancy charges;

(e)       “Minister” means a Minister of Government and includes the Chief Minister;

(f)        “official residence” means the house reserved from time to time for use by a Minister and includes the staff quarters and other buildings appurtenant to and the gardens of the residence.

            (2) Words and expressions used in this Act and not defined shall have the meanings assigned to them in the Constitution.

            (2) No claim shall lie for any travel or transportation not performed within six months of the date of taking up or laying down office, as the case may be.

[19][6.     Equipment Allowance.]

            (2) The official residence of a Minister shall, subject to such conditions as may be imposed by Government from time to time, be maintained by Government and shall be furnished at a cost not exceeding [21][five hundred thousand] rupees. The term furniture will include carpets and curtains but will not include the cost of [22][two] Air-Conditioner and one Refrigerator to which a Minister is otherwise entitled.

            (3) If at the time of entering upon office an official residence is not available a Minister 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 [23][seventy thousand] rupees per mensem.

            (4) Where a Minister chooses to reside in his own house, he may be paid a monthly sum of [24][seventy thousand] rupees in lieu of the furnished accommodation so as to cover all expenses on its maintenance.

            [25][(5)] A Minister shall be entitled, without payment of rent, to the use of Government Gust Houses, Circuit Houses, or other Rest Houses wherever such accommodation is available, whenever he is on official duty.”

            (1) the actual air fare for economy class paid for himself, and the cost of transporting personal luggage not exceeding one hundred pounds, inclusive of the fare allowance given by the air company;

            (2) the actual air fare for economy class paid for one private servant.

            (3) A Minister travelling by air in a regular service may take with him one member of his personal staff.

            (4) When a journey by air is combined with a journey by any other means, a Minister may claim air mileage only for the air part of the journey, and for the rest of the journey he shall charge the usual allowance; provided that no mileage allowance shall be admissible in respect of surface transport which forms part of the air journey and is included in the fare paid for the air journey.

            (5) A Minister may if he considers necessary in the public interest, travel by a Government plane or a plane of the Pakistan Air Force if available.

            (6) If a Minister makes a return journey by air, he shall purchase a return ticket, if this would cost less than the purchase of two single tickets.

(a)      to requisition—

(i)        an ordinary first-cum-second class carriage or an “A” class tourist car, or a “B” class tourist car if an “A” class tourist car is not available; or

(ii)      an ordinary four berthed first class compartment or a two berthed air-conditioned (coupe) compartment, if the vehicles specified in clause (i) are not available: or are not desired;

(b)      to take with him in the reserved accommodation without payment of any fare, his wife when travelling in a requisitioned railway compartment;

(c)       to take with him not more than two servants by the lowest class of accommodation [26][.]

[27][(d) ………………………]   

            (8)  Any person, other than the wife of a Minister, travelling with the Minister in the reserved accommodation shall pay the usual fare to the Railway by the purchase of first class ticket, and in every bill for travelling allowance in respect of that journey the Minister reserving the accommodation shall specify the number of persons who so travelled with him and certify that necessary tickets were purchased by them.

(a)      to draw the actual fare paid for himself;

(b)      to take with him not more than two personal servants by the lowest class of accommodation; and

(c)       to the carriage of personal luggage not exceeding three maunds.

(a)      travelling allowance at the rate of [28][two rupees] and twenty paisa per kilo meter] for his own journey by road; and

(b)      actual expenses of the transport of two private servants and all personal luggage, including stores carried for consumption on tour.

            [31][Deleted].

            (2) The compensation shall be payable in the case of injury to a Minister, 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, and in the absence of such nomination to his heirs.

            (3) A nomination under sub-section (2) may be made, revoked, or altered by a notice in writing signed by a Minister and addressed to the Accountant-General [32][Khyber Pakhtunkhwa].

            Provided that:—

(a)      in respect of a place of halt, one-half daily allowance shall be admissible for—

(i)        the day of arrival;

(ii)      the day of departure; and

(iii)    the day of the arrival and departure if a Minister arrives and departs on the same day;

(b)      for such continuous halt on tour exceeding ten days daily allowance shall be admissible—

(i)        for the first ten days, at the full rate;

(ii)      for the next twenty days or part thereof at three-fourth of full rate; and.

(iii)    for the remaining period, at one-half of the full rate.

            Explanation:— A halt on tour shall be treated as continuous unless terminated by an absence at a distance from the halting place exceeding five miles, for a period including not less than seven nights.

            12A. Discretionary grant.— [34][A Minister shall be entitled to receive a discretionary grant at the rate of three hundred thousand per year.] 

            (2) If the leave granted under sub-section (1) is spent abroad, a Minister shall be entitled to draw his leave salary in Foreign Currency subject to such conditions and restrictions as may be imposed by the Federal Government.

(2) All furniture and furnishings provided in an official residence shall be marked by the Buildings Department, Government of [36][Khyber Pakhtunkhwa], for the purpose of identification.

            (3) When a Minister occupies an official residence it shall be the duty of the officer concerned of the Buildings Department, Government of [37][Khyber Pakhtunkhwa], to hand over the charge of the furniture and furnishing that residence to a Minister 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 Minister is about to vacate the official residence, he shall inform the officer concerned of the Buildings Department, Government of [38][Khyber Pakhtunkhwa], 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.

            (5) The officer concerned of the Buildings Department, Government of [39][Khyber Pakhtunkhwa], may from time to time, inspect an official residence, its furniture and furnishings with the prior approval of a Minister.