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  "title": "PUNJAB EHSAAS PROGRAMME ACT 2022",
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  "text": "THE PUNJAB EHSAAS PROGRAMME ACT 2022 \r\n(XXXI of 2022) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of Programme \r\n4. Objective and purposes of Programme \r\n5. Secretariat of Programme \r\n6. Governance and administration of Programme \r\n7. Powers and functions of CEO \r\n8. Establishment of Ehsaas Council \r\n9. Powers and functions of Ehsaas Council \r\n10. Eligible persons or families for financial assistance \r\n11. Disbursement procedure \r\n12. Fund \r\n13. Budget of Programme \r\n14.  Employees of Programme \r\n15.  Public servants \r\n16.  Indemnity \r\n17. Maintenance of accounts and internal control \r\n18.  Audit \r\n19.  Annual report \r\n20.  Redressal of grievance \r\n21.  Act not to prejudice other laws \r\n22.  Power to make rules \r\n23.  Power to frame regulations \r\n24.  Removal of difficulties \r\n \r\n  \r\nTEXT \r\n1\r\nTHE PUNJAB EHSAAS PROGRAMME ACT 2022 \r\n(XXXI of 2022) \r\n    [14 November 2022] \r\n \r\nAn \r\nAct \r\nto provide for establishment of the Punjab Ehsaas Programme.  \r\nIt is necessary to provide for establishment of the Punjab Ehsaas Programme  \r\nas a new umbrella social protection and poverty alleviation programme of the \r\nGovernment to develop new programmes and to reform, reorganize and consolidate \r\nthe existing initiatives of poverty alleviation and social protection in the Punjab to \r\noptimize their effectiveness, efficiency and responsiveness. \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 Ehsaas Programme Act 2022. \r\n(2) This Act extends to whole of the Punjab. \r\n(3) This Act shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Chairperson” means Chairperson of the Ehsaas Council; \r\n(b) “CEO” means the Chief Executive Officer of the Programme; \r\n(c) “Ehsaas Council” means the Executive Council of the Progra mme \r\nconstituted under section 8 of this Act; \r\n(d) “Government” means Government of the Punjab; \r\n(e) “implementing agencies” means: \r\n(i) in case of the public sector, the administrative departments, \r\nattached departments, corporations, autonomous bodies, \r\norganizations or trusts notified under this Act; and  \r\n(ii) in case of the private sector, all NGOs, trusts or development \r\npartners responsible for executing any poverty alleviation and \r\nsocial protection programme, including the Programme, whether \r\nunder any relevant Federal, Prov incial or local law, or, as the \r\ncase may be, its charter, memorandum of association or other \r\nconstitutional or governing document, adopted voluntarily, or \r\nunder the poverty alleviation and social protection policy \r\nframework of the Government; \r\n(f) “member” means a member of the Ehsaas Council; \r\n(g) “Non-Governmental Organization (NGO)” means any not -for-profit \r\nentity established under any law for the time being in force for the \r\npurpose of promoting social welfare, charity or any other useful object; \r\n(h) “Programme” means the Punjab Ehsaas Programme established under \r\nsection 3 of this Act; \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 01 November 2022; and was deemed to have been assented to \r\nby Governor of the Punjab in terms of Article 116(3) of the Constitution; and was published in the Punjab Gazette \r\n(Extraordinary), dated: 14 November 2022, pp.1989-1994. \r\n(i) “regulations” means the regulations framed under this Act; and \r\n(j) “rules” means the rules made under this Act. \r\n3. Establishment of Programme .– (1) There shall be a Programme  of the \r\nGovernment to be known as the Punjab Ehsaas Programme for carrying out the \r\npurposes of this Act. \r\n(2) The Programme shall be a body corporate having perpetual \r\nsuccession and a common seal with powers, subject to the provisions of this Act, to \r\nacquire and hold property, movable and immovable, and to sue and be sued in its \r\nname. \r\n(3) The principal office of the Programme shall be at Lahore, and \r\nadditional offices of the Programme may be established at any other places in the \r\nprovince of the Punjab with approval of the Ehsaas Council. \r\n4. Objective and purposes of Programme.– The objective and purposes of the \r\nProgramme shall be to: \r\n(a) develop new programmes and reform, reorganize and consolidate the \r\nexisting initiatives involving poverty alleviation and socia l protection to \r\noptimize their effectiveness, efficiency and responsiveness, to promote \r\nthe social and economic well-being of the people;  \r\n(b) provide an integrated policy and strategy for new as well as existing \r\npoverty alleviation and social protection programmes in order to reduce \r\ngaps and eliminate overlaps, so that deserving persons are equitably \r\nassisted, and resources are optimally utilized for socio -economic uplift \r\nof the poor; \r\n(c) facilitate coordination, identify gaps, and induce synergy amongst \r\nimplementing agencies with regard to new as well as existing poverty \r\nalleviation and social protection programmes in the context of social \r\nsafety nets, livelihood support, and financial access to health, \r\neducation, nutrition and allied matters;  \r\n(d) reduce inequalities , build human capital and resilience to shocks, \r\nincrease financial inclusion and provide care, food and shelter to the \r\nneedy; and \r\n(e) employ modern technology and data analytics, develop and maintain \r\ndatabases, and invest in effective governance, to insulate p overty \r\nalleviation and social protection institutions from abuse and \r\nmalpractices, misuse of discretion, and political interference, and to \r\nenhance efficiency, responsiveness, transparency and merit -based \r\ndelivery. \r\n5. Secretariat of Programme .– The Plannin g and Development Board of the \r\nGovernment shall provide secretarial support to the Programme. \r\n6. Governance and administration of Programme.– (1) There shall be a CEO \r\nof the Programme, who shall be appointed by the Government on such terms and \r\nconditions as it may determine. \r\n(2) The CEO shall be responsible for the day to day management and \r\nadministration of the Programme, and shall also serve as the principal accounting \r\nofficer of the Programme. \r\n(3) Any specific scheme established under and pur suant to the \r\nProgramme, or the related implementing agency designated under subsection (4), \r\nmay have its own principal accounting officer.  \r\n(4) The Ehsaas Council may, from time to time, by notification in the \r\nofficial Gazette, designate any implementing a gency for purposes of administering, \r\nmanaging and implementing any specific scheme established under and pursuant to \r\nthe Programme in view of the capacity of such implementing agency as well as its \r\nexpertise, personnel, resources, powers, functions and scope of work: \r\nprovided that the name or title of every scheme established under and \r\npursuant to the Programme shall commence with the word “Ehsaas” or shall \r\notherwise have the word “Ehsaas” included therein.  \r\n7. Powers and functions of CEO.– (1) The CEO shal l, as administrative in \r\ncharge of the Programme, prepare its budget and ensure consistency of operations \r\nwith the Programme policies approved by the Ehsaas Council. \r\n(2) The Ehsaas Council shall provide strategic guidance to the Programme \r\nand ensure impleme ntation of the Programme in accordance with its decisions and \r\nthe provisions of this Act.  \r\n(3) The CEO shall execute the decisions of the Ehsaas Council for the \r\npurposes of the Programme.  \r\n(4) The CEO shall have the power to enter into an agreement, contra ct or \r\nmemorandum of understanding with any international organization, institution, donor \r\nagency or other counterparty with the approval of the Ehsaas Council. \r\n(5) The CEO shall assist the Ehsaas Council in publicizing the Programme \r\nas well as raising funds. \r\n8. Establishment of Ehsaas Council.– (1) There shall be an Executive Council \r\nof the Programme to be known as the Ehsaas Council consisting of the following: \r\n(a) Chief Minister, Punjab; Chairperson \r\n(b) a person who holds at least a master’s degree \r\nrecognized by the Higher Education Commission \r\nestablished under the Higher Education Commission \r\nOrdinance, 2002 (LIII of 2002) with at least five years’ \r\nexperience in the social sector, to be nominated by \r\nthe Chairperson; \r\nVice Chairperson \r\n(c) Chairman, Pl anning and Development Board of the \r\nGovernment or his nominee not below the rank of an \r\nAdditional Secretary; \r\nmember \r\n(d) Additional Chief Secretary (Home) to the \r\nGovernment, Home Department or his nominee not \r\nbelow the rank of an Additional Secretary; \r\nmember \r\n(e) Secretary to the Government, Social Welfare and \r\nBait-ul-Maal Department or his nominee not below the \r\nrank of an Additional Secretary; \r\nmember \r\n(f) Secretary to the Government, Zakat and Ushr  \r\nDepartment or his nominee not below the rank of an \r\nAdditional Secretary; \r\nmember \r\n(g) Secretary to the Government, Labour and Human \r\nResource Department or his nominee not below the \r\nrank of an Additional Secretary; \r\nmember \r\n(h) three representatives of civil  society to be nominated \r\nby the Government; and \r\nmembers \r\n(i) the CEO. member/Secretary \r\n(2) In absence of the Chairperson, the Vice Chairperson of the Ehsaas  \r\nCouncil shall exercise all powers of the Chairperson. \r\n(3) The Chairperson or in his absence, the Vice Chairperson of the Ehsaas \r\nCouncil, may co -opt any other person as a member for a specified period or for a \r\nspecified purpose. \r\n(4)  The term of the member s mentioned at clause (h) of subsection (1) \r\nshall be three years extendable for another term of one year. \r\n(5) The members of the Ehsaas Council, except the CEO, shall serve in \r\nhonorary capacity, and shall be entitled only to such facilities and privileges in the \r\nnature of compensatory costs as the Government may, from time to time, determine. \r\n(6) The Ehsaas Council shall have the powers to conduct its business and \r\nregulate its proceedings as it may prescribe by the regulations from time to time. \r\n(7) The Ehsaas Council may, through a majority decision of its members \r\nand subject to such conditions as it deems necessary, delegate any of its functions \r\nand powers to the CEO or any member.  \r\n(8) All actions taken in the exercise of all such delegated functions and \r\npowers shall be submitted to the Ehsaas Council for approval in the subsequent \r\nEhsaas Council meeting.  \r\n(9)  No act or proceeding of the Ehsaas Council shall be invalid merely by \r\nreason of any vacancy or defect in the constitution of the Ehsaas Council.  \r\n9. Powers and functions of Ehsaas Council.– (1) The powers and functions of \r\nthe Ehsaas Council shall be to: \r\n(a) provide integrated policy guidelines for the Programme  to enable \r\nefficient co-ordination with the implementing agencies; \r\n(b) approve the budget of the Programme prepared by the CEO; \r\n(c) take decisions on the financial aspects of the Programme submitted by \r\nthe CEO for consideration of the Ehsaas Council; \r\n(d) monitor the P rogramme in an apolitical, merit -based and transparent \r\nmanner; \r\n(e) mobilize financial resources for the Programme; \r\n(f) direct the CEO on poverty reduction policies, enhancement of the \r\nProgramme, and reaching out to donors through the Chairperson; and \r\n(g) make regulati ons and approve policies and manuals in order to carry \r\nout the purposes of this Act. \r\n(2) The Ehsaas Council shall meet at least four times in a year and a \r\nspecial meeting of the Ehsaas Council may be convened by the Chairperson or on \r\nthe request of three m embers at any time by giving a reasonable notice of such \r\nmeeting: \r\nprovided that the Ehsaas Council shall meet at such time and place and in \r\nsuch manner as may be laid down by the Ehsaas Council and until such time as \r\ndetermined by the Chairperson. \r\n10. Eligible persons or families for financial assistance .– All individuals or \r\nfamilies who fall below the poverty line as notified by the Government shall be \r\neligible to receive financial assistance from the Programme. \r\n11. Disbursement procedure .– Funds of the Pr ogramme shall be applied \r\ntowards providing assistance and support to eligible persons and families in cash or \r\nin kind or both in such manner as may be prescribed by the regulations: \r\nprovided that all cash disbursements under the Programme shall be made \r\nsolely through proper banking channels, into bank accounts held in the direct names \r\nof eligible persons and families. \r\n12. Fund.– (1) There shall be established a Fund to be known as Punjab Ehsaas \r\nProgramme Fund. \r\n(2) The Fund shall consist of: \r\n(a) revolving funds or budget amount approved by the Government; \r\n(b) grants made by local, domestic or international bodies, organizations, \r\nentities and the Government;  \r\n(c) aid given to the Government for the purpose of the Programme; \r\n(d) donations made by individuals or associations of persons; and \r\n(e) all other sums as may be received by the Programme. \r\n(3) The Fund shall be administered in such manner as may be prescribed \r\nby the regulations. \r\n(4) Notwithstanding anything contained in any other law for the time being \r\nin force, donations and grants received by the Programme shall be exempt from all \r\ntaxes. \r\n13. Budget of Programme.– (1) The CEO shall, in respect of each financial year, \r\nprepare the annual budget estimates of the Programme and submit the same to the \r\nEhsaas Council for approval in accordance with such financial procedures as may be \r\napproved by the Ehsaas Council. \r\n(2) The CEO shall have full powers to incur expenditure or re -appropriate \r\nfunds, subject to any general or specific instructions of the Ehsaas Council. \r\n14.  Employees of Programme.– The CEO may appoint such employees as he \r\nmay consider necessary on such terms and conditions as may be prescribed by the \r\nregulations: \r\nprovided that unt il such regulations are made to determine pay, pension and \r\nallowances as otherwise in vogue in the Government applicable to civil servants, the \r\nterms and conditions applicable to the employees immediately before the \r\ncommencement of this Act shall continue to apply in accordance with such directions \r\nas the Government may, in case of its employees, issue from time to time. \r\n15.  Public servants.– The employees of the Programme shall be deemed to be \r\npublic servants within the meaning of section 21 of the Pakist an Penal Code, 1860 ( \r\nXLV of 1860). \r\n16.  Indemnity.– No prosecution, suit or other legal proceedings shall lie against \r\nthe Ehsaas Council, its members, the CEO and other employees of the Programme \r\nfor anything done in good faith for carrying out the purpos es of this Act or rules or \r\nregulations or orders made or issued thereunder. \r\n17. Maintenance of accounts  and internal control .– (1) The Programme shall \r\nmaintain complete and accurate books of accounts in connection with the discharge \r\nof its responsibilities as may be prescribed by the Auditor General of Pakistan. \r\n(2)  The internal audit of the Programme shall be carried through an \r\nindependent internal audit officer who shall report directly to the Ehsaas Council, and \r\nthe internal audit reports shall be presented to the Ehsaas Council for comments and \r\nfollow up on the remedial actions. \r\n18.  Audit.– The accounts of the Programme shall be audited every year by the \r\nAuditor General of Pakistan in such manner as may be prescribed by him. \r\n19.  Annual report.– The Ehsaas Council shall approve the annual report of the \r\nProgramme, and cause such report to be laid before Provincial Assembly of the \r\nPunjab. \r\n20.  Redressal of grievance .– Any person or family aggrieved by a decision \r\ninvolving the eligibility under the Program me may, within thirty days of the decision \r\nby the relevant implementing agency, prefer an appeal to the prescribed authority of \r\nsuch implementing agency in such manner as may be prescribed by the rules. \r\n21.  Act not to prejudice other laws .– The provisions  of this Act shall be in \r\naddition to and not in derogation of any other law for the time being in force. \r\n22.  Power to make rules.– The Government may make rules for carrying out the \r\npurposes of this Act. \r\n23.  Power to frame regulations.– (1) The Ehsaas Co uncil may frame \r\nregulations for carrying out the purposes of this Act. \r\n(2)  Without prejudice to or limiting subsection (1), the regulations shall \r\nprovide, inter alia, for matters involving financial assistance, payment schedule, \r\ngrievance redressal, socia l audits and operation of all schemes established and \r\nimplemented under the Programme. \r\n24.  Removal of difficulties .– If any difficulty arises in giving effect to the \r\nprovisions of this Act, the Government may make such order, not inconsistent with \r\nprovisions of this Act or any other law regulating the implementing agencies, as is \r\nnecessary or expedient to remove such difficulty.",
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