Civil Servants Retirement Benefits and Death Compensation Act, 2014
Download FeedBack| Department: | Finance Department | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Main Category: | Acts | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Specific Category Name: | Employee | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Year | 2014 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Promulgation Date: | 06-11-2014 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Details: | THE
KHYBER PAKHTUNKHWA CIVIL SERVANTS RETIREMENT BENEFITS AND DEATH COMPENSATION
ACT, 2014. (KHYBER
PAKHTUNKHWA ACT NO. XXVIII OF 2014) CONTENTS PREAMBLE SECTIONS Chapter-I Preliminary 1. Short title, application and
commencement. [1][1A. Claim
to retirement benefits and death compensation.] 2. Definitions. Chapter-II Board of Management 3. Board of Management. 4. Powers of the Board. 5. Meeting of the Board. 6. Management Committee. Chapter-III Retirement Benefit And Death Compensation Fund 7. Fund. 8. Payment of contribution. 9. Payment of retirement benefits and
death compensation. Chapter-IV General 10. Audit and accounts. 11. Protection of action taken in good faith. 12. Power to make rules. 13. Power to make regulation. 14. Removal of difficulties. 15. Repeal. SCHEDULE THE
KHYBER PAKHTUNKHWA CIVIL SERVANTS RETIREMENT BENEFITS AND DEATH COMPENSATION
ACT, 2014. (KHYBER
PAKHTUNKHWA ACT NO. XXVIII OF 2014) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 6th November,2014]. AN ACT to establish a
fund for the retirement benefits and death
compensation of the civil servants of the Province of
the Khyber Pakhtunkhwa. WHEREAS
it is expedient to establish a fund for the retirement benefits and death
compensation of the civil servants of the Province of the Khyber Pakhtunkhwa; It is hereby enacted as follows: Chapter-I Preliminary 1. Short
title, application and commencement.---(1) This Act may be called the
Khyber Pakhtunkhwa Civil Servants Retirement Benefits and Death Compensation
Act, 2014. (2) It
shall apply to all the civil servants of the Province of the Khyber
Pakhtunkhwa, employees of the Provincial Assembly Secretariat of Khyber
Pakhtunkhwa and Peshawar High Court, Peshawar. (3) It
shall come into force at once. [2][1A. Claim
to retirement benefits and death compensation .---Notwithstanding any claim
made or right accrued by a civil servant after the commencement of this Act,
for the payment of any amount on account of retirement benefits and death
compensation, shall be dealt in accordance with sub-section (1) of section 9 as
amended by section 4 of the Khyber Pakhtunkhwa Civil Servants Retirement
Benefits and Death Compensation (Amendment) Act, 2016.] 2. Definitions.---In this Act,
unless there is anything repugnant in the subject or context,- (a)
“Board” means the Board of
Management constituted under section 3 of this Act; (b)
“civil servant“ means a person as
defined in clause (b) of section 2 of the Khyber Pakhtunkhwa Civil Servants
Act, 1973 (Khyber Pakhtunkhwa Act No. XVII of 1973), including employees of the
Provincial Assembly Secretariat of Khyber Pakhtunkhwa and Peshawar High Court,
Peshawar; (c)
“death compensation” means an
amount approved by the Board, to be paid to the family of a deceased civil
servant on his death during service; (d)
“family” means and includes the
persons entitled to the pensionary benefits of the civil servant under the
Pension Rules for the time being in force; (e)
“Fund” means the Khyber
Pakhtunkhwa Civil Servants Retirement Benefit and Death Compensation Fund
established under section 7 of this Act; (f)
“Government” means the Government
of the Khyber Pakhtunkhwa; (g)
“prescribed” means prescribed by
rules; (h)
“retired civil servant” means and
includes a civil servant who opt to retire after completing twenty five (25)
years qualifying service or retired on attaining the age of superannuation i.e.
sixty (60) years or retired on medical grounds or compulsory retired and
receives the pension; (i)
“rules” mean rules made under
this Act; and (j)
“Schedule” means Schedule appended
to this Act. Chapter-II Board Of
Management 3. Board
of Management.---(1)
On the commencement of this Act, Government shall, constitute a Board to be
known as the Board of Management to
control, supervise and administer the Fund, established under section 7 of this
Act. (2) The Board shall consist of the
following, namely:
(3) The principal office of the Board shall
be at Peshawar. [3][(4) The Finance Department of the Government
shall provide secretariat assistance to the Fund. If more staff is required for
maintenance of the Fund, the Board may appoint the required staff on such terms
and conditions, as may be prescribed. The expenditure to be incurred on account
of payment of salary to the employees and other expenses for maintenance of the
Fund, as may be determined from time to time, shall be met from the Fund.] 4. Powers
of the Board.---The
Board shall- (a)
settle claims for retirement and
death compensation benefits and all matters connected with such claims; (b)
sanction grant from the Fund to
the civil servants or their families in accordance with the provisions of this
Act and the rules made thereunder; (c)
invest surplus money held in the
Fund in profitable ventures especially in Islamic mode of investment; (d)
control, supervise and administer
the assets of the Fund in such manner as to promote the purpose for which the Fund
is established; (e)
determine and revise the rates of
contribution and amounts of benefit as it may deem necessary; (f)
make arrangement, if considered
necessary for the life insurance of civil servants in lieu of payment of death
compensation with insurance company or other insurer and for such period as it
may deem fit; and (g)
do or cause to be done all things
ancillary or incidental to any of the aforesaid powers or to the purposes of
the Fund. 5. Meeting
of the Board.---(1)
The meeting of the Board shall be convened at least once in every three months
or earlier as may be directed by the Chairman and shall be held at Peshawar or at any other place as may be
decided by the Chairman. (2) Six
members including Chairman shall constitute a quorum for the meeting of the
Board. (3) All
decisions of the Board shall be taken by majority of votes; provided that in
case of equality of votes, the Chairman shall have a casting vote. (4) The
meeting of the Board shall be presided by the Chairman and in absence of the
Chairman, Secretary to Government, Finance Department shall preside the
meeting. (5) All
orders and decisions of the Board shall be authenticated by the signature of
the Chairman or of such other person as authorized by the Board. 6. Management Committee.---(1) The Board shall, as soon as possible,
constitute a Management Committee, for the efficient and speedy disposal of
claims of civil servants and their families and incurrence of expenditure on
management of the Fund, which shall consist of the following:
(2) The
Management Committee shall perform such functions and exercise such powers as
delegated to it by the Board. Chapter-III Retirement
Benefit And Death Compensation
Fund 7. Fund.---(1) There shall
be established a Fund to be called the Retirement Benefits and Death
Compensation Fund which shall vest in the Board and be administered by it. (2) The
Fund established under the Khyber Pakhtunkhwa Government Employees Welfare Fund
Ordinance, 1969, shall be deemed to be a part of this Fund. (3) All
sums received from the civil servants as contribution for the Fund and any
interest or profit accruing thereon and any grant by Government and any other
amount related to the Fund shall be credited to the Fund. (4) The
moneys credited to the Fund shall be kept in such banks and financial
institutions as the Board may decide. 8. Payment
of contribution.---(1)
Every civil servant shall be liable to pay to the Fund such sum of money as
prescribed in the Schedule or may be determined by the Board from time to time
as contribution and the amount of such contribution shall as far as possible be
deducted at the source from his pay and credited or remitted to the Fund. (2) In
case of deduction of contribution at the source from the pay of a civil
servant, the Accountant General, after compilation of accounts with all
District Account offices and other offices, as the case may be, shall transfer
the amount to the accounts of the Fund, up to the tenth day of each month. (3) Where
the amount of contribution cannot, for any reason, be deducted from the pay of
the civil servant, the civil servant shall remit to the Fund, the sum of
contribution payable by him, and any balance remaining unpaid due to
inadvertence or negligence of the civil servant or otherwise shall be
recoverable from him in such manner as may be prescribed. (4) Default
in the payment of contribution, either for the reason that the pay of the
employee was not drawn or due to his negligence or fault or for any other
reason whatsoever, shall not affect the right of the civil servant or his
family to receive the amount of said benefit in the event of retirement or
death of the civil servant. (5) In
case of proceeding on leave without pay, a civil servant shall pay the amount
of his contribution through pay order, crossed cheque and in any other manner
as may be prescribed. (6) In
case of retirement, the civil servant shall deposit to the Fund the unpaid amount
and on the death of a civil servant the amount unpaid may be recovered from the
amount admissible to him or his family, as the case may be. 9. Payment
of retirement benefits and death compensation.--- [4][(1) At the time
of retirement of civil servant, the amount shall be paid to him with the
following percentage: (a)
the amount of benefit on
retirement during the first five years, on the commencement of this Act, shall
be twenty five percent; (b)
the amount of benefit on
retirement during the second five years, on commencement of this Act, shall be
fifty percent; (c)
the amount of benefit on
retirement during the third five years, on the commencement of this Act, shall
be seventy five percent; and (d)
the amount of benefit on
retirement after fifteen years, on
commencement of this Act, shall be hundred percent.] (2) A civil servant, who is dismissed,
removed, terminated or resigned from service, shall be entitled for the amount
to the extent he had actually contributed to the Fund. (3) If
a civil servant dies while in service, his family shall be paid full amount as
prescribed for his grade of pay from the Fund. (4) The
amount shall be paid to the civil servant or his family at the time of
retirement or death according to his last pay scale or grade. In case a civil
servant is given promotion from retrospective effect after his retirement or
death the differential amount shall be paid according to the revised grade or
pay, subject to payment of difference in monthly contribution for the uncovered
period; and (5) The
retired civil servant or the family of the deceased civil servant shall submit
the application on the form prescribed by the Board for the grant of retirement
benefit. Chapter-IV General 10. Audit
and accounts.---(1)
The accounts of the Fund shall be maintained in such manner as the Board may,
from time to time, direct and by such officer as the Board may appoint. (2) The
accounts of the Fund shall be audited by Auditor General of Pakistan. (3) Audit
report of the accounts shall be submitted to the Board for appropriate action. 11. Protection
of action taken in good faith.---No suit, prosecution or other
proceedings shall lie against the Board or any officer or other authorized
person for anything done in good faith or purporting to have been done in
pursuance of this Act or the rules made there under. 12. Power
to make rules.---Government
may, make rules for carrying out the purposes of this Act. 13. Power
to make regulation.---The Board may, make regulation for carrying out the
purposes of this Act. 14. Removal
of difficulties.---(1)
If any difficulty arises in giving effect to any of the provisions of this Act,
Government may make such orders, not inconsistent with the provisions of this
Act, as may appear to him to be necessary for the purpose of removing the
difficulty. (2) Government
may exercise this power up to one year from the commencement of this law. 15. Repeal.---The Khyber
Pakhtunkhwa Government Employees Welfare Fund Ordinance, 1969, is hereby
repealed.
SCHEDULE [see section 10] Rate Of
Contribution And Amount Of
Benefit The rate of contribution to the
retirement benefit and death compensation fund by a civil servant and the
amount of benefit and death compensation to be paid to a civil servant or to
the family of a civil servant shall be as under:
|