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  "title": "WEST PAKISTAN RAILWAY SERVANTS BENEVOLENT FUND ORDINANCE, 1969",
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  "text": "THE WEST PAKISTAN RAILWAY SERVANTS \r\nBENEVOLENT FUND ORDINANCE, 1969 \r\n(V of 1969) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Constitution of the Fund. \r\n4. Utilisation of the Fund. \r\n5. Account and Audit. \r\n6. Constitution and powers of the committees of management. \r\n7. Powers to make rules. \r\nTEXT \r\n1\r\nTHE WEST PAKISTAN RAILWAY SERVANTS BENEVOLENT FUND \r\nORDINANCE, 1969 \r\n(V of 1969) \r\n[13 June 1969] \r\nAn \r\nOrdinance \r\nto constitute Benevolent Fund for relief of Railway servants and their families \r\nWHEREAS it is expedient to constitute a Benevolen t Fund for relief of \r\nRailway servants and their families in the manner hereinafter appearing; \r\nNOW, THEREFORE,  in pursuance of the Martial Law Proclamation of 25th \r\nMarch, 1969, read with the Provisional Constitution Order, the Administrator of \r\nMartial Law, Zone „A‟, in exercise of the powers of the Governor of West Pakistan \r\nconferred on him by the Chief Martial Law Administrator, is pleased to make and \r\npromulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be ca lled \r\nthe West Pakistan Railway Servants Benevolent Fund Ordinance, 1969. \r\n(2) It shall apply to all Railway servants. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respect ively, assigned to \r\nthem, that is to say– \r\n(a) “family” in relation to a Railway servant means his or her– \r\n(i) wife or wives or husband, as the case may be; \r\n(ii) legitimate children and step children not exceeding ten years of \r\nage; \r\n(iii) legitimate children and step children over ten years old but less \r\nthan twenty years old, if wholly dependent upon him or her; and \r\n(iv) parents, unmarried sisters and minor brothers, if residing with \r\nand wholly dependent upon him or her; \r\n(b) “Fund” means the fund constituted under this Ordinance; \r\n(c) “Gazetted Railway Servant” means a Railway servant holding a post \r\ndeclared to be a gazetted post by Government or any authority \r\nempowered by Government in this behalf; \r\n(d) “Government” means the \r\n2\r\n[Federal Government]; \r\n                                                           \r\n1This Ordinance was pr omulgated by the Administrator, Martial Law, Zone „A‟ on 6th June, 1969; published in the West \r\nPakistan Gazette (Extraordinary), dated 13th June, 1969, pages 881-885, saved by Article 281 of the Interim Constitution of the \r\nIslamic Republic of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975). \r\n2Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “Government of West Pakistan”. \r\n(e) “Railway Servant” means a person employed in connection with the \r\nservice of or holding any post in the \r\n3\r\n[Pakistan Railway] and includes– \r\n(i) a Class I officer of the Railway Services whose services have \r\nbeen transferred to the Government of West Pakistan under the \r\nTransfer of Railways Order, 1962 (P.O. No.33 of 1962), and who \r\nhas opted for the Fund; \r\n(ii) a member of the Pakistan Railway Accounts Service who has \r\nopted for the Fund; \r\n(iii) any person who holds a post in the Railway Board; and \r\n(iv) any person on deputat ion or foreign service who holds a lien on any \r\npost in the Pakistan Western Railway, and who is regularly subscribing \r\nto the Fund; \r\n(f) “non-Gazetted Railway servant” means a Railway servant other than a \r\nGazetted Railway servant; \r\n(g) “prescribed” means prescribed by rules made under this Ordinance; \r\n(h) “Railway Board” means the \r\n4\r\n[* * *] Pakistan Railway Board constituted \r\nunder the Transfer of Railways Order, 1962 (P.O. No.33 of 1962). \r\n3. Constitution of the Fund .– (1) As soon as may be, the Railway Board sha ll \r\nconstitute a fund to be known as the \r\n5\r\n[* * *] Pakistan Railway Servants Benevolent \r\nFund. \r\n(2) The Fund shall be divided into two parts– \r\n(i) Part I for Gazetted Railway servants. \r\n(ii) Part II for non-Gazetted Railway servants. \r\n(3) Each part of the Fund shall consist of– \r\n(a) compulsory contributions recovered from the Railway servants at such \r\nrates as the Railway Board may, from time to time, prescribe; \r\n(b) such grants as may, from time to time be made to the Fund by the \r\nRailway Board and Government; \r\n(c) other contributions and donations; and \r\n(d) income from investments made under this Ordinance. \r\n(4) The moneys credited to the Fund shall be held in such custody as may \r\nbe prescribed. \r\n4. Utilisation of the Fund.– The Fund shall be utilized for– \r\n(a) the relief of Railway servants and ex -Railway servants and their \r\nfamilies by– \r\n                                                           \r\n3Substituted ibid., for “Pakistan Western Railways.” \r\n4The word “West” deleted ibid. \r\n5Ibid. \r\n(i) giving financial assistance to the families of Railway servants \r\nwho die while in service or after retirement; \r\n(ii) giving financial assistance to Railway servants invalided out of \r\nservice; \r\n(iii) making special grants to Railway servants and ex -Railway \r\nservants and their families in exceptional cases; \r\n(b) defraying expenditure incurred in respect of management of the Fund. \r\nExplanation.– The benefits admissible under this section will be in addition to– \r\n(i) the pension, family pension or gratuity awarded under the pension \r\nrules; \r\n(ii) benefits admissible to the non -pensionable Railway servants by way of \r\ncontribution by the Railway to the State Railway Provident Fund and \r\nspecial contribution to the Provident Fund; and \r\n(iii) any other benefits admissible to Railway servants under any other law \r\nfor the time being in force. \r\n5. Account and Audit .– (1) Notwithstanding anything contained in section 7 of \r\nthe Payment of Wages Act, 1936 (IV of 1936), a ll contributions recoverable under \r\nclause (a) of sub -section (3) of section 3 shall be deducted at the source from the \r\nsalaries of the Railway servants concerned. \r\n(2) The Financial Adviser and Chief Accounts Officer, the Divisional \r\nAccounts Officers and th e Senior Accounts Officer Workshops, Pakistan Railway \r\nshall be responsible for keeping the accounts of the Fund. \r\n(3) Audit of the assets of, and expenditure from, the Fund shall be \r\nconducted by such authority as may be prescribed. \r\n6. Constitution and powers of the committees of management.– (1) As soon \r\nas may be, the Railway Board shall, in such manner as may be prescribed, \r\nconstitute the following committees of management, namely:– \r\n(a) The Central Committee of Management for Gazetted Railway servants; \r\n(b) The Central Committee of Management for non -Gazetted Railway \r\nservants ; and \r\n(c) A Divisional Committee of Management for each Division. \r\n(2) Subject to such directions as may be issued by the Railway Board and \r\nsuch rules as may be made in this behalf– \r\n(a) the Central Committee of Management for Gazetted Railway servants \r\nshall be responsible for the management of Part I of the Fund and shall \r\nhave the powers to invest moneys credited to that Part of the Fund and \r\nto incur expenditure therefrom; \r\n(b) the Central Committee of Management for non -Gazetted Railway \r\nservants shall be responsible for the management of Part II of the Fund \r\nand shall have the powers to invest money credited to that Part of the \r\nFund and to make allocations therefrom to the Divisional Committ ees \r\nof Management ; and \r\n(c) the Divisional Committees of Management shall, subject to such \r\ndirections as may be issued by the Central Committee of Management \r\nfor non -Gazetted Railway servants, deal with all matters connected \r\nwith Part II of the Fund and in  particular shall have the powers to \r\nsanction expenditure from the allocations made to it by that Committee \r\nof Management. \r\n7. Powers to make rules .– Government may make rules for bringing into effect \r\nthe provisions of this Ordinance.",
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