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  "title": "PUNJAB GOVERNMENT SERVANTS HOUSING FOUNDATION ACT 2004",
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  "text": "THE PUNJAB GOVERNMENT SERVANTS HOUSING \r\nFOUNDATION ACT 2004 \r\n(X of 2004) \r\nCONTENTS \r\n1. Short title, extent, commencement and application \r\n2. Definitions \r\n3. Establishment of the Foundation \r\n4. Board of Directors \r\n5. Removal of a Director \r\n6. Casual vacancy \r\n7. Power and functions of the Board \r\n8. Management \r\n9. Committees \r\n10. Managing Director \r\n11. Annual progress report \r\n12. Establishment of fund \r\n13. Membership of the Foundation \r\n14. Termination of membership \r\n15. Manner of collection of contributions and maintenance of accounts \r\n16. Disposal of houses or plots \r\n17. Location etc. of houses and plots \r\n18. Budget and audit \r\n19. Directions by Government \r\n20. Public servants \r\n21. Power to make rules \r\n22. Power to make regulations \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB GOVERNMENT SERVANTS HOUSING FOUNDATION ACT \r\n2004 \r\n(X of 2004) \r\n[10th March, 2004] \r\nAn \r\nAct \r\nto provide for the establishment of Housing Foundation for the Government servants. \r\nPreamble.– Whereas it is expedient to establish the Punjab Government Servants \r\nHousing Foundation in order to introduce a scheme for providing houses  \r\n2\r\n[or plots]  \r\non no profit no loss basis to Government servants  \r\n3\r\n[* * *], or to their families in case \r\nof death during service and to make provisions for matters connected therewith or \r\nancillary thereto. \r\n It is hereby enacted as follows:– \r\n1. Short title, extent, commencement and application .– (1) This Act may be \r\ncalled the Punjab Government Servants Housing Foundation Act 2004. \r\n (2) It extends to the whole of the Province of the Punjab. \r\n (3) It shall come into force at once but shall take effect on such date as \r\nmay be notified by the Government in the official Gazette. \r\n (4) It shall apply to all Government servants. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext, the following expressions shall have the meanings hereby respectively \r\nassigned to them, that is to say– \r\n(a) “Board” means the Board of Directors of the Foundation; \r\n(b) “family” in relation to a Government servant means his or her relations \r\nin the following order– \r\n(i) wife, wives or husband, as the case may be; \r\n(ii) children, if residing with and wholly dependent upon him or her; \r\n(iii) parents, sisters and minor brothers, if residing with and wholly \r\ndependent upon him or her; \r\n(c) “Foundation” means the Punjab Government Servants Housing \r\nFoundation established under this Act; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 23 February 2004; assented to by the Governor of the Punjab on 9 March 2004; \r\nand, published in the Punjab Gazette (Extraordinary), dated 10 March 2004, pages 717 to 720. \r\n2Inserted by the Punjab Government Servant Hou sing Foundation (Second Amendment) Act, 2012 (Act I of 2013) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 5.1.2013, pages 1953-1954, s.2. \r\n3The expression “on their retirement,” was omitted by the Punjab Government Servants Housing Foundation (Amendment) Act \r\n2018 (XXII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8139-8140 s. 2. \r\n(d) “fund” means the fund established under this Act; \r\n(e) “Government” means the Government of the Punjab; \r\n(f) “Government servant” means a person holding a Government post and \r\nincludes– \r\n(i) a person who is a member of a civil service of the Province of \r\nthe Punjab; or \r\n(ii) a person who holds any civil post of any scale of pay from BS-1 to \r\nBS-22, in connection with the affairs of the Province; or \r\n(iii) a member of the Civil Service of Pakistan who, while serving \r\nunder the Provincial Government, has opted to become a \r\nmember of the Foundation and satisfies su ch other conditions \r\nas may be prescribed: \r\nProvided that such a person is not employed on contract or on \r\nwork-charge basis, or is paid from contingencies; \r\n4\r\n[\"(ff) \"house\" includes a flat or quarter of any category to be allocated to a \r\nmember;] \r\n(g) “member” means a Government servant who is a member of the \r\nFoundation; \r\n5\r\n[(gg) \"plot\" means a residential plot of any category to be allocated to a \r\nmember;] \r\n(h) “prescribed” means prescribed by the rules made under this Act; \r\n(i) “regulations” means the regulations f ramed under section 22 of this \r\nAct; and \r\n(j) “rules” means the rules made under section 21 of this Act. \r\n3. Establishment of the Foundation .– (1) As soon as may be after the \r\ncommencement of this Act, the Government shall establish a foundation to be known \r\nas the Punjab Government Servants Housing Foundation. \r\n (2) The Foundation shall be a body corporate, having perpetual \r\nsuccession and a common seal with power, subject to the provisions of this Act, to \r\nacquire land in accordance with law and hold properties b oth movable and \r\nimmovable and may sue and be sued by the said name. \r\n (3) The Government may, from time to time, transfer state or nazul land, \r\nfree of cost, to be utilized for the purpose for which the Foundation is established. \r\n4. Board of Directors .– (1) The Foundation shall have a Board of Directors \r\ncomprising the following:– \r\n(a) Chief Secretary to the Government of the Chairman/Director \r\n                                                           \r\n4Inserted by the Punjab Government Servant Housing Foundation (Second Amendment) Act, 2012 (Act I of 2013); and \r\npublished in the Punjab Gazette (Extraordinary), dated 5.1.2013, pages 1953-1954, s.3. \r\n5Inserted ibid. \r\nPunjab; \r\n(b) Additional Chief Secretary to the Government of \r\nthe Punjab; \r\nDirector \r\n(c) Chairman, Planning and Development Board \r\nPunjab; \r\nDirector \r\n(d) Senior Member, Board of Revenue, Punjab; Director \r\n(e) Secretary to Government of the Punjab, \r\nFinance Department; \r\nDirector \r\n(f) Secretary to Government of the Punjab, \r\nHousing, Urban Development and Public Health \r\nEngineering Department; \r\nDirector \r\n(g) three civil servants of the Punjab, \r\n6\r\n[including at \r\nleast one female civil servant]  one representing \r\nthe civil servants from BS -1 to BS -17, to be \r\nappointed by the Government for a specified \r\nperiod; \r\nDirectors \r\n(h) three other persons  \r\n7\r\n[including at least one \r\nwoman] as may be appointed by the \r\nGovernment for a specified period; and \r\nDirectors \r\n(i) Managing Director of the Foundation Director/ \r\nSecretary. \r\n (2) Six Directors including at least three ex -officio Directors shall constitute \r\nquorum in a meeting of the Board. \r\n (3) Decisions shall be taken by the Board by simple majority and the \r\nChairman shall have the casting vote in case of equality of votes. \r\n5. Removal of a Director.– (1) A Director, not being an ex -officio Director, shall \r\nhold office during the pleasure of the Government. \r\n(2) Government may remove any such Director during the tenure of his \r\noffice in the prescribed manner. \r\n6. Casual vacancy .– Any vacancy caused due to the death, resignation or \r\nremoval of a Director, other than a n ex -officio Director, shall be filled in by the \r\nGovernment through appointment of another person as Director and such appointee \r\nshall, subject to the provisions of section 4, hold such office for the unexpired period \r\nof the term of his predecessor. \r\n7. Power and functions of the Board. – Subject to the provisions of this Act, \r\nthe Board shall exercise such powers and take such measures as may be necessary \r\nfor carrying out the purposes of this Act, including– \r\n                                                           \r\n6Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial NO.43. \r\n7Inserted ibid. \r\n(a) to take steps for the establishment of a Fund i n the manner hereinafter \r\nprovided, for carrying out the purposes of the Foundation including \r\nincurring of expenditure and investment of money; \r\n(b) to arrange, purchase or acquire land, wherever necessary, within the \r\nProvince of the Punjab; \r\n(c) to develop t he land for the purpose of setting up \r\n8\r\n[housing schemes \r\nwith provisions for houses or plots, commercial area]  and social, \r\nrecreational, educational, health or other activities necessary for the \r\nbenefit and welfare of the members and their families; \r\n(d) to prepare a master plan for the development of land \r\n9\r\n[to establish \r\nhousing schemes for] the members in accordance with the provisions of \r\nthis Act and the rules; \r\n(e) to create organizations and employ such persons as may be necessary \r\nfor running affairs of the Foundation; \r\n(f) to exercise control over the housing schemes and look after the \r\noperation and maintenance of all essential services; \r\n(g) to receive such fees and other user charges as may be prescribed; \r\n(h) to sell or dispose of assets, movable or immova ble, of the Foundation \r\nin such a manner as may be determined by the Board; \r\n(i) to appoint employees and determine their terms and conditions of \r\nservice; \r\n(j) to authorize spending from the fund; \r\n(k) to delegate any of these powers and functions to a person or to a body \r\nof persons; and \r\n(l) to do such acts as are ancillary and incidental to the above functions. \r\n8. Management.– Executive authority and management of the Foundation shall \r\nvest in the Board. \r\n9. Committees.– The Board may constitute such committees as may be \r\nnecessary for carrying out the purposes of this Act. \r\n10. Managing Director .– (1) There shall be a Managing Director of the \r\nFoundation who shall also be the chief executive of the Foundation. \r\n(2) The Managing Director shall be appointed by the Boa rd with the \r\napproval of the Government for a specified term. \r\n (3) The Managing Director shall exercise such powers and perform such \r\nfunctions as may be determined by the Board. \r\n                                                           \r\n8Substituted for the words “ residential colonies and units with provisions for market ” by the Punjab Government Servant \r\nHousing Foundation (Second Amendment) Act, 2012 (Act I of 2013) ; and published in the Punjab  Gazette (Extraordinary), \r\ndated 5.1.2013, pages 1953-1954, s.4. \r\n9Substituted for the words “in order to construct houses, flats, quarters or dwelling for ultimate transfer to” by the Punjab \r\nGovernment Servant Housing Foundation ( Second Amendment) Act, 201 2 (Act I of 2013)  ; and published in the Punjab \r\nGazette (Extraordinary), dated 5.1.2013, pages 1953-1954, s.4. \r\n(4) The Managing Director shall hold office during the pleasure of the \r\nBoard. \r\n(5) The Managing Director shall cease to hold office in the manner as may \r\nbe prescribed. \r\n11. Annual progress report .– (1) The Foundation shall prepare an annual \r\nprogress report at the end of each financial year. \r\n(2) This report shall be submitted in a meeti ng of the Board, whenever \r\nsuch meeting takes place after the preparation of the report. \r\n12. Establishment of fund.– (1) As soon as may be, after the commencement of \r\nthis Act, the Foundation shall arrange establishment of a fund with the help and \r\nassistance of the Government. \r\n(2) The fund shall consist of– \r\n(a) such grants as may, from time to time, be made by the Government; \r\n(b) other contributions and donations by private or public organizations; \r\n(c) such loans and advances as may be obtained from financial  institutions \r\nwith the help of the Government wherever necessary; \r\n(d) contributions made by members from time to time; \r\n(e) income and profits from investments from various sources; \r\n(f) fees or other user charges; \r\n(g) amounts received from sale or disposal of assets of the Foundation; \r\nand \r\n(h) all other sums received by the Foundation and income from any other \r\nsource. \r\n(3) The monies credited to the fund shall be kept in such custody as may \r\nbe prescribed. \r\n13. Membership of the Foundation .– (1) A Government ser vant may become \r\nmember of the Foundation in the manner as prescribed in the rules. \r\n(2) A member shall be liable to pay such monthly contribution as may be \r\ndetermined by the Board from time to time. \r\n10\r\n[14. Termination of membership.– (1) The Managing Directo r of the Foundation \r\nmay, in the prescribed manner and after affording an opportunity of hearing, terminate \r\nthe membership of a Government servant. \r\n(2) Any person aggrieved from an order passed under sub-section (1) may, \r\nwithin thirty days from the date of the communication of the order, file representation \r\nagainst the order before the Board and the Board shall pass appropriate orders on \r\nsuch representation after giving the aggrieved person an opportunity of being heard.] \r\n                                                           \r\n10Substituted by the Punjab Governme nt Servant Housing Foundation ( Second Amendment) Act, 2012 (Act I of 2013) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 5.1.2013, pages 1953-1954, s.5. \r\n15. Manner of collection of contribu tions and maintenance of accounts .– (1) \r\nAll monthly contributions shall be deducted at source from the salary of the member \r\nconcerned by the Accountant General or the District Accounts Officers, as the case \r\nmay be, within whose jurisdiction the disbursemen t of salary is made to that \r\nmember. \r\n(2) The Accountant General Punjab shall allocate a separate sub head for \r\ndeduction of contributions from the \r\n11\r\n[salary] of the Government servants and pass on \r\nthe credit to the Foundation regularly within one month of such deduction. \r\n(3) The Foundation shall maintain separate account in respect of each \r\nmember and be responsible to ensure that the amounts of contributions paid by the \r\nmember or deducted from his \r\n12\r\n[salary] by the Accountant General or the District \r\nAccounts Officer, as the case may be, have been received and accounted for in the \r\nbooks of the Foundation. \r\n16. Disposal of \r\n13\r\n[houses or plots ]– Subject to provisions of this Act, the \r\nFoundation shall dispose of the \r\n14\r\n[houses or plots] in favour of its members at the time \r\nof their retirement, or in favour of their families in case of death during service: \r\n15\r\n[Provided that in case the number  of houses  or plots  exceeds the above \r\nrequirement, they may be disposed  of, in the prescribed manner,  in favour  of the \r\nserving members who are not less than fifty eight years of age.] \r\n16\r\n[17. Location etc. of houses and plots .– (1) The housing schemes shall be \r\ncarried out at locations as may be determined by the Board and a member may be \r\ngiven three options of preference of the locations of his choice. \r\n(2) The Board shall allocate a house or plot to a member depending upon \r\nhis option and entitlement on the basis of seniority, date of retirement or any other \r\ndeserving circumstance. \r\n(3) The Board shall determine price of a house or plot in a housing \r\nscheme. \r\n(4) The Foundation shall annually update all payments made by a \r\nmember. \r\n(5) The Foundation shall not allot a house or plot to a member unless the \r\nmember has paid in full the price of the house or plot before draw.] \r\n18. Budget and audit .– The budget of the Foundation shall be approved and its \r\naccounts shall be audited in the manner as may be prescribed. \r\n                                                           \r\n11Substituted ibid., s.6, for the words “pay bills”. \r\n12Substituted ibid. \r\n13Substituted for the words “residential units”  by the Punjab Government Servant Housing Foundation ( Second Amend ment) \r\nAct, 2012 (Act I of 2013) ; and published in the Punjab Gazette (Extraordinary), dated 5.1.2013, pages 1953-1954, s.7. \r\n14Substituted ibid. \r\n15Substituted by the Punjab Government Servants Housing Foundation (Amendment) Act 2018 (XXII of 2018), published in the \r\nPunjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8139-8140 s. 3. \r\n16Substituted ibid., s.8. \r\n19. Directions by Government .– The Foundation shall, in discharging its \r\nfunctions, act and be guided by such directions as the Government may  give to it \r\nfrom time to time. \r\n20. Public servants.– All persons acting or purporting to act in pursuance of any \r\nprovision of this Act, shall be deemed to be public servants as defined in section 21 \r\nof the Pakistan Penal Code, 1860 (XLV of 1860). \r\n21. Power to make rules .– Government may make rules for carrying out the \r\npurposes of this Act. \r\n22. Power to make regulations. – Subject to the provisions of this Act and the \r\nrules, the Board may frame regulations to give effect to the provisions of this Act.",
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