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  "title": "PUNJAB PANAH GAH AUTHORITY ACT 2021",
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  "text": "THE PUNJAB PANAH GAH AUTHORITY ACT 2021 \r\n(II of 2022) \r\nCONTENTS \r\n1. Short title, extent and commencement.‎ \r\n2. Definitions.‎ \r\n3. Establishment of the Authority. \r\n4. Powers and functions of the Authority.‎ \r\n5. Composition of the Authority.‎ \r\n6. Qualification of non-official members.‎ \r\n7. Meetings of the Authority.‎ \r\n8. Chairperson.‎ \r\n9.  Removal of Chairperson or members.‎ \r\n10.  Director General. \r\n11. Delegation of powers. \r\n12. Appointments. \r\n13. Regional Boards.‎ \r\n14. Public servants.‎ \r\n15. Liability for loss.‎ \r\n16. Funds.‎ \r\n17. Accounts.‎ \r\n18. Budget.‎ \r\n19. Audit.‎ \r\n20. Performance Audit.‎ \r\n21. Annual report.‎ \r\n22. Indemnity.‎ \r\n23. Power to make rules.‎ \r\n \r\n \r\n24. Power to frame regulations.‎\r\nTEXT \r\n1\r\nTHE PUNJAB PANAH GAH AUTHORITY ACT 2021 \r\n(II of 2022)  \r\n[12th January, 2022] \r\nAn \r\nAct \r\nto establish the Punjab Panah Gah Authority. \r\nIt is necessary  to provide for  a comprehensive, efficient, effective and sustainable  \r\nsystem for protection and relief of shelterless persons by providing them place for \r\ntemporary stay; and to provide the ancillary matters. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:  \r\n1. Short title, extent and commencement. ‎−‎ (1) This Act may be cited as the \r\nPunjab Panah Gah Authority Act 2021. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.‎−‎ In this Act: \r\n(a) “Authority”‎means‎ Punjab Panah Gah Authority  established under this \r\nAct; \r\n(b) “Chairperson”‎means‎the‎Chairperson‎of‎the‎Authority; \r\n(c) “Director‎General”‎means‎the‎Director‎General of the Authority; \r\n(d) “Government”‎means‎Government‎of‎the‎Punjab; \r\n(e) “member”‎ means‎ a‎ member‎ of‎ the‎ Authority‎ or‎ a‎ Regional‎ Board, as \r\nthe case may be; \r\n(f) “Panah‎ Gah”‎ means‎ a‎ place‎ for‎ temporary‎ shelter‎ established‎ under‎\r\nthis Act for the shelterless;  \r\n(g) “prescribed”‎means‎prescribed‎by‎rules‎or‎regulations‎made‎ or framed \r\nunder this Act; \r\n(h) “regulations”‎means‎the‎regulations‎framed‎under‎this‎Act; \r\n(i) “rules”‎means‎the‎rules‎made‎under‎this Act; and \r\n(j) “shelterless”‎means‎a‎person‎who‎is‎a‎musafir, a lobourer or a destitute \r\nwho may be entitled to stay at a Panah Gah for a night or for such \r\nperiod as may be prescribed by the regulations or as may be \r\ndetermined by the Authority.  \r\n3. Establishment of the Authority. − (1) The Government shall, by notifi cation \r\nin the official Gazette, establish an Authority to be known as the Punjab Panah Gah \r\nAuthority to carry out the purposes of this Act. \r\n                                                      \r\n1This Act was passed by the Provincial Assembly of the Punjab on 12 January 2022; assented to by the Governor of the Punjab on 12 \r\nJanuary 2022; and, was published in the Punjab Gazette (Extraordinary), dated: 12 January 2022, pp. 3401-3406. \r\n \r\n \r\n(2) The Authority shall be a body corporate, having perpetual succession \r\nand a common seal, with power, subject to t he provisions of this Act, to acquire and \r\nhold property, both movable and immovable, and may, by the said name, sue and be \r\nsued. \r\n(3) The Authority shall not dispose of any immovable property without prior \r\napproval of the Government. \r\n4. Powers and functions  of the Authority. ‎−‎‎ The Authority shall, in such \r\nmanner as may be prescribed by the regulations, perform the following functions: \r\n(a) establish, maintain, monitor, operate and construct Panah Gahs; \r\n(b) identify potential partners to run the existing Panah Gahs; \r\n(c) handover complete or partial service delivery to partners in one or \r\nmore Panah Gahs;  \r\n(d) control, and oversee the administration and functioning of the Panah \r\nGahs; \r\n(e) execute the policies made by the Government for the  provision of  \r\nPanah Gahs; \r\n(f) determine the term s and conditions and enter into agreements for \r\nhanding over the established or constructed buildings of Panah Gahs \r\nto potential partners; \r\n(g) issue necessary instructions, directions or guidelines to any person or \r\nbody who is engaged in the functioning of Panah Gahs;  \r\n(h) formulate and ensure minimum standards, code of conduct and standard \r\noperating procedures (SOPs) to be followed by the persons or \r\norganizations engaged to run Panah Gahs; \r\n(i) undertake projects for the purposes of this Act; \r\n(j) approve the annual report about the key performance indicators, \r\noperations of the Panah Gahs and gaps  in the implementation of the \r\nPanah Gahs for submission to the Government;  \r\n(k) accept donations such as land, vehicles, equipment, money or human \r\nresource for smooth functioning of the Panah Gahs; \r\n(l) acquire property, both movable and immovable  to undertake  any \r\nworks, incur any expenditure and enter into contracts for this purpose; \r\n(m) seek assistance for the establishment of Panah Gahs  or for the \r\nexecution and operations of all Panah Gahs fro m any person, or any \r\nDepartment or agency of the Government; and \r\n(n) take such other measures and perform such other functions as may be \r\nassigned to it by the Government for carrying out the purposes of the \r\nAct. \r\n5. Composition of the Authority. ‎−‎ (1) The Authority shall consist of fifteen \r\nmembers including the Chairperson. \r\n(2) The non-official members shall be appointed by the Government. \r\n \r\n \r\n(3) The Authority shall have the following members: \r\n(a) Additional Chief Secretary or Secretary to      \r\nthe Government,  Home Department, as the \r\ncase may be; \r\nmember \r\n(b) Secretary to the Government, Finance \r\nDepartment; \r\nmember \r\n(c) Secretary to the Government, Social Welfare \r\nand Bait-ul-Maal Department; \r\nmember \r\n(d)  Secretary to the Government, Primary and           \r\nSecondary Healthcare Department; \r\nmember \r\n(e) Secretary to the Government, Specialized \r\nHealthcare and Medical Education \r\nDepartment; \r\nmember \r\n(f) Secretary to the Government, Local \r\nGovernment and Community Development \r\nDepartment; \r\nmember \r\n(g) eight non-official members; and  members \r\n(h)  Director General  member/ \r\nsecretary \r\n(4) The non-official members of the Authority shall hold office for a period \r\nof three years and shall be eligible for reappointment for another term. \r\n(5) A non-official member of the Authority may, by writing under his hand, \r\nresign from his office. \r\n(6) A non -official member of the Authority shall cease to hold office if he \r\nremains absent from three consecutive meetings of the Authority or from all the \r\nmeetings of the Authority for a co ntinuous period of three months, whichever is \r\nlonger. \r\n6. Qualification of non -official members. ‎−‎ A person may be considered for \r\nappointment as a non-official member of the Authority if he: \r\n(a) is a Pakistani citizen of sound mind and not less than thirty five years of \r\nage; \r\n(b) has not been convicted by a court on charges of corrupt practices, \r\nmoral turpitude or misuse of power or authority under any law; \r\n(c) is not an un-discharged insolvent; \r\n(d) does not have any conflict of interest with the purposes of  the Authority \r\nor any financial interest in any project or scheme, directly or indirectly, \r\nlaunched by the Authority; and \r\n(e) is a renowned social worker, technocrat, businessman or \r\nphilanthropist. \r\n7. Meetings of the Authority. ‎−‎ (1) The Authority shall m eet at least once in \r\nthree months at such time and place, and shall observe such procedure in regard to \r\n \r\n \r\ntransaction of its business and meetings as may be prescribed by the regulations \r\nand until so prescribed as the Authority may determine. \r\n(2) The meeting s of the Authority shall be  presided over by the \r\nChairperson and in the absence of the Chairperson, by a member elected for the \r\npurpose by the members present. \r\n(3) The quorum for a meeting of the Authority shall be one third of the total \r\nnumber of members including two non-official members. \r\n(4) No act or proceedings of the Authority shall be invalid by reason of any \r\nvacancy or defect in the constitution of the Authority. \r\n8. Chairperson.‎−‎ (1) The Chairperson shall be appointed by the Government \r\nfrom amongst the non-official members of the Authority for a non -extendable term of \r\nthree years. \r\n (2) The Chairperson shall perform such functions as may be entrusted to \r\nhim by the Authority from time to time. \r\n (3) The Chairperson shall draw such remuneration, perks and privileges as \r\nthe Government may determine. \r\n9.  Removal of Chairperson or members. ‎−‎ The Government may remove the \r\nChairperson or a non-official member from office if he: \r\n(a) fails to discharge his duties or becomes incapable of discharging his \r\nduties under this Act; \r\n(b) has become insolvent; \r\n(c) has been convicted of an offence involving moral turpitude; and \r\n(d) has knowingly acquired or continued to hold without the permission in \r\nwriting of the Government directly or indirectly or through a partner any \r\nshare or interest in any contract or employment with or on behalf of the \r\nAuthority in any land or property which in his knowledge is likely to \r\nbeneficial for him as a result of operation of the Authority. \r\n10.  Director General.− (1) The Government shal l, on such terms and conditions \r\nas it may determine, appoint the Director General of the Authority. \r\n(2) The Director General shall be the Chief Executive of the Authority and \r\nshall: \r\n(a) be a whole time officer of the Authority; and \r\n(b) perform such duties as may be prescribed or as may be \r\nassigned or delegated to him by the Authority. \r\n(3) In case the office of Director General is vacant for any reason, the \r\nGovernment may make such temporary arrangements for the discharge of functions \r\nof the Director General as may be deemed appropriate. \r\n11. Delegation of powers .− The Authority may delegate to the Chairperson, a \r\nmember, Director General or an officer of the Authority any of its powers, duties or \r\nfunctions, except the powers to: \r\n (a) approve the annual budget; \r\n \r\n \r\n(b) approve the annual performance report; \r\n (c) frame regulations; and \r\n (d) make policy decisions. \r\n12. Appointments.‎−‎‎ (1) The Authority may, in such manner as may be \r\nprescribed by the regulations, appoint such officers, advisors and employees as it \r\nconsiders necessary for efficient performance of its functions and determine the \r\nterms and conditions of service. \r\n(2) The Authority may acquire the services of such officers, advisors and \r\nemployees on deputation from any agency as it deems necessary. \r\n13. Regional Boards.‎−‎ (1) The Authority shall, with approval of the Government, \r\nnotify a Regional Board for each Division of the Punjab. \r\n(2) A Regional Board shall consist of eleven members including the \r\nChairman. \r\n(3) A Regional Board shall have the following members: \r\n(a) Commissioner of the Division concerned; member \r\n(b) one officer of the Primary and Secondary \r\nHealthcare Department of the Government as \r\nmay be nominated by th e Commissioner of \r\nthe Division concerned \r\nmember \r\n(c) one Medical Superintendent of a hospital of \r\nthe Government to be nominated by the \r\nCommissioner of the Division concerned; \r\nmember \r\n(d) one officer of the Local Government and \r\nCommunity Department of the Government to \r\nbe nominated by the Commissioner of the \r\nDivision concerned; \r\nmember \r\n(e) six non-official members; and members \r\n(f) Divisional Director, Social Welfare and   Bait -\r\nul-Maal Department of the Government. \r\nmember/ \r\nSecretary \r\n(4) A non -official member of a Regional Board shall be appointed by the \r\nChief Minister for a period of three years, and shall be eligible for reappointment for \r\nanother term. \r\n(5) The Chairman of a Regional Bo ard shall be appointed by the Chief \r\nMinister from amongst the non -official members of the Regional Board for a non -\r\nextendable term of three years, and the Chairman shall perform such functions as \r\nmay be assigned by the Authority. \r\n(6) The Chairman or a non-official member may, by writing under his hand, \r\nresign from his office. \r\n \r\n \r\n(7) The provisions regarding qualification, appointment and removal of the \r\nChairman and members  of the Regional Boards shall be same as provided for \r\nqualification, appointment and removal for Chairperson and members of the \r\nAuthority under this Act. \r\n(8) The Regional Boards shall perform such functions as may be assigned \r\nby the Authority. \r\n14. Public servants.‎− All persons acting or purporting to act under this Act shall \r\nbe deemed to be public servants within the meanings of section 21 of the Pakistan \r\nPenal Code, 1860 (XLV of 1860). \r\n15. Liability for loss. ‎−‎ Any person employed by or serving under the Authority, \r\ncharged with the administration of the affairs of the Authority, acting on behalf of the \r\nAuthority or acting under a contract with the Authority, shall be responsible for  any \r\nloss, waste, misappropria tion of any money or property belonging to the Authority; \r\nand shall be liable to compensate the Authority as determined by it after affording \r\nreasonable opportunity of being heard. \r\n16. Funds.‎−‎‎ (1) The Authority shall maintain two separate funds, both at \r\nProvincial and Divisional levels, one for the funds received from Government and \r\nsecond for the donations received.  \r\n(2) The Fund s shall vest in the Authority at the provincial level and shall \r\nvest in the Regional Board at the divisional level and shall be utilized by the Authority \r\nor the Regional Board, as the case may be, in connection with its functions under \r\nthis Act.  \r\n(3) The Funds shall consist of: \r\n(a) budgetary allocations; \r\n(b) grants made by the Federal Government,  the Government, or \r\nany other autho rity or agency including international agencies \r\nand donors; \r\n(c) donations received from individuals, philanthropists, private \r\norganizations and overseas Pakistanis; and \r\n(d) all such moneys as may be determined from time to time by the \r\nGovernment. \r\n (4) The Funds shall be kept in such custody, utilized and regulated in such \r\nmanner as may be prescribed by the rules.  \r\n17. Accounts.‎− The Authority shall cause its accounts to be kept in such form \r\nand manner as may be prescribed by the regulations. \r\n18. Budget.‎−‎ The Authority shall prepare and approve every year, in such form \r\nand manner and at such time as may be prescribed by the regulations, a budget in \r\nrespect of the next financial year showing the estimated receipts and expenditure of \r\nthe Authority. \r\n \r\n \r\n19. Audit.‎− (1) The public accounts of the Authority or Regional Board, whatever \r\nthe case may be, shall be audited by the Auditor General of Pakistan and the \r\ndonations’‎accounts‎by‎a‎firm‎of‎Chartered‎Accountants. \r\n(2) The Authority shall also make such arrangement s for pre -audit or \r\nconcurrent audit of accounts as may be necessary. \r\n20. Performance Audit.‎− (1) The Authority within its establishment shall develop \r\nquality standards for running the Panah Gahs. \r\n (2) The Government may, at any time, direct to have the pe rformance \r\naudit of the Authority or Regional Board, whatever the case may be, by a person or \r\nagency appointed by the Government. \r\n21. Annual report. ‎−‎ (1) The Director General shall, within three months of the \r\nend of a financial year, submit the annual per formance report to the Authority \r\nenumerating all activities, developmental initiatives undertaken, the targets achieved \r\nduring the previous financial year and the future plans. \r\n(2) The Authority shall publish the report for public information and submit \r\nit to the Government and the Government shall lay it before Provincial Assembly of \r\nthe Punjab within ninety days of its receipt. \r\n22. Indemnity.‎−‎ No suit, prosecution or any other legal proceedings shall lie \r\nagainst the Authority, the Director General, any member, officer, servant, expert or \r\nconsultant of the Authority, in respect of anything done or purported to be done in \r\ngood faith under this Act. \r\n23. Power to make rules. ‎−‎‎ The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n24. Power to frame regulations. ‎−‎ The Authority may, by notification in the \r\nofficial Gazette, frame regulations for carrying out the purposes of this Act.",
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