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  "title": "PUNJAB SOCIAL PROTECTION AUTHORITY ACT 2015",
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  "text": "THE PUNJAB SOCIAL PROTECTION AUTHORITY ACT \r\n2015 \r\n(XXII of 2015) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the Authority \r\n4. Qualifications of non-official members \r\n5. Removal of non-official members \r\n6. Functions of the Authority \r\n7. Meetings \r\n8. Committees \r\n9. Chief Executive Officer \r\n10. Delegation \r\n11. Appointment of officers and employees \r\n12. Public servants \r\n13. Liability for loss \r\n14. Directions by the Government \r\n15. Transfer of functions \r\n16. Fund \r\n17. Budget \r\n18. Accounts and audit \r\n19. Annual report \r\n20. Immunity of the Authority and its employees \r\n21. Power to make rules \r\n22. Power to make regulations \r\n23. Act to prevail over other laws \r\n24. Obligation to produce documents and provide information \r\n25. Repeal and savings \r\n26. Repeal \r\nTEXT \r\n1\r\nTHE PUNJAB SOCIAL PROTECTION AUTHORITY ACT 2015  \r\n(XXII of 2015) \r\n[14th April, 2015] \r\nAn \r\nAct \r\nto provide for the establishment of the Punjab Social Protection Authority. \r\n Whereas it is expedient to establish the Punjab Social Protection Authority to \r\nprovide a comprehensive, efficient, effective and inclusive social protection system to \r\nthe poor and vulnerable in the Punjab; and to deal with ancillary matters; \r\nIt is enacted as follows:– \r\n1. Short title, extent and commencement.– (1) This Act may be cited as the  \r\nPunjab Social Protection Authority Act 2015. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) \"Auditor\" includes Chartered Accountant appointed to conduct an audit \r\nunder section 18 of the Act; \r\n(b) “Authority” means the Punjab Social Protection Authority established \r\nunder section 3 of the Act; \r\n(c) “Chairperson” means Chairperson of the Authority; \r\n(d) “Chief Executive Officer” means Chief Executive Officer of the \r\nAuthority; \r\n(e) “Government” means Government of the Punjab;  \r\n(f) “member” means a member of the Authority; \r\n(g) “poor \r\n2\r\n[”] means an individual or household who or which is living below \r\npoverty line as may be determined by  the Authority; \r\n(h) “prescribed” means prescribed by rules or regulations made under the \r\nAct; \r\n(i) \"region\" means an area designated as region by the Authority under \r\nsection 6 of the Act; \r\n(j) “social protection” means all public and private  initiatives that provide \r\nincome or consumption transfers to the poor, protect the vulnerable \r\nagainst livelihood risks, and enhance the social status and rights of the \r\nmarginalized with the overall objective of reducing the economic and \r\nsocial vulnerability of poor, vulnerable and marginalized groups;  \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 6th April 2015; assented to by the Governor of the Punjab on 10th April 2015; \r\nand was published in the Punjab Gazette (Extraordinary), dated 14th April 2015, Pages 4733-4739. \r\n2Misprinted in the Gazette as “hyphen”. \r\n(k) “Vice Chairperson” means Vice Chairperson of the Authority; and \r\n(l) “vulnerable” means a state in which an individual or household lack \r\ncapacity to combat the impact of adverse shocks pushing any \r\nhousehold into poverty and poor into deeper poverty. \r\n3. Establishment of the Authority .– (1) The Government shall establish the \r\nAuthority to be called the Punjab Social Protection Authority for carrying out  the  \r\npurposes of this Act. \r\n(2) The Authority shall be a body corp orate, having perpetual succession \r\nand a common seal with power to acquire, hold and dispose of property and shall by \r\nthe said name sue and be sued.   \r\n(3) The Authority shall consist of the following: \r\n(a) Chief Minister, Punjab; Chairperson \r\n(b) a person who holds  at least a master’s \r\ndegree recognized by Higher Education \r\nCommission with at least five years’ \r\nexperience in social sector, to be \r\nnominated by the Chairperson; \r\nVice Chairperson \r\n(c) Minister for Food; Member \r\n(d) Minister for Health; Member \r\n(e) Additional Chief Secr etary of the \r\nGovernment; \r\nMember \r\n(f) Chairman, Planning & Development Board \r\nof the Government; \r\nMember \r\n(g) Secretary to the Government, Finance \r\nDepartment or his nominee not below the \r\nrank of an Additional Secretary; \r\nMember \r\n(h) Secretary to the Government, Social \r\nWelfare and Bait-ul-Maal Department or his \r\nnominee not below the rank of an \r\nAdditional Secretary; \r\nMember \r\n(i) Secretary to the Government, Industries \r\nDepartment or his nominee not below the \r\nrank of an Additional Secretary; \r\nMember \r\n(j) Secretary to the Government, Zak at and \r\nUshr Department or his nominee not below \r\nthe rank of an Additional Secretary;  \r\nMember \r\n(k) Secretary to the Government, Labour and \r\nHuman Resource Department  or his \r\nnominee not below the rank of an \r\nAdditional Secretary; \r\nMember \r\n(l) Secretary to the Governmen t, Women \r\nDevelopment Department or his nominee \r\nMember \r\nnot below the rank of an Additional \r\nSecretary; \r\n(m) six members of the Provincial Assembly of \r\nthe Punjab including at least two female \r\nmembers of the Assembly  to be nominated \r\nby the Speaker of the Provincial Assembly;    \r\nMembers \r\n(n) six representatives of civil society \r\norganizations to be nominated by the \r\nGovernment; and \r\nMembers \r\n(o) Chief Executive Officer. Member/Secretary \r\n(4) In the absence of Chairperson, the Vice Chairperson shall exercise all \r\npowers of the Chairperson.  \r\n(5) The Chairperson or in his absence, the Vice Chairperson may co-opt \r\nany other person as a member of the Authority for a specified period  or for a \r\nspecified purpose.  \r\n(6) The tenure of the non -official members including Vice Chairperson \r\nshall be three years extendable for another one year. \r\n(7) No act or proceeding of the Authority shall be invalid merely by reason of \r\nany vacancy or defect in the constitution of the Authority.   \r\n4. Qualifications of non -official members.– A person shall be eli gible to be a \r\nnon-official member who: \r\n(a) is a citizen of Pakistan and is not less than twenty five years of age; \r\n(b) has not been convicted by a court on charge of corrupt practice, moral \r\nturpitude or misuse of power or authority under any law;  \r\n(c) is not an undischarged insolvent;  \r\n(d) does not have a financial interest in any scheme or a conflicting \r\ninterest, directly or indirectly, between his interests as a member and \r\nhis private interests; and \r\n(e) has at least five years of experience in social sector.  \r\n5. Removal of non -official members .– The Government may remove a  non-\r\nofficial member if he: \r\n(a) ceases to be a citizen of Pakistan; or \r\n(b) resigns by tendering resignation in writing; or \r\n(c) is declared by the court as an insane person; or \r\n(d) is found guilty of misconduct; or \r\n(e) is convicted and sentenced to imprisonment. \r\n6. Functions of the Authority .– The Authority shall perform the following \r\nfunctions: \r\n(a) to formulate social protection policy for the Punjab in consultation with all \r\nstakeholders and synergize efforts in formulation of the policy with the \r\nFederal Government, national and international institutions; \r\n(b) to consolidate and coordinate all public social protection initiatives through \r\npolicy framework for each sector including Federal Government’s \r\ninitiatives; \r\n(c) to formulate policies and propose legislation for the welfare and benefit of \r\nthe poor and vulnerable; \r\n(d) to formulate policies for the protection of legal rights of poor and \r\nvulnerable; \r\n(e) to ensure equitable allocation of resources in line with carefully identified \r\nobjectives; \r\n(f) to prepare, store and disseminate data regarding eligible poor and \r\nvulnerable under various categories of poverty; \r\n(g) to evaluate performance of social sector programs; \r\n(h) to determine and notify eligibility criteria for assistance under social \r\nprotection programs; \r\n(i) to formulate policies for effective and efficient mechanisms for relevant \r\nagencies and to evaluate performance of such agencies; \r\n(j) to formulate and execute policies for social protection which may include \r\nfood, education, health, social assi stance, social inclusion  and labour \r\nmarket regulations; \r\n(k) to conduct research and formulate proposals for new interventions into the \r\nexisting social protection programs and execute the same; \r\n(l) to prepare strategic reports that set out policies over a specified period to \r\nmeet the targets for social protection; \r\n(m) to compile a set of common indicators which show how progress towards \r\nthe goals of social protection is achieved; \r\n(n) to notify procedure for the identification , coverage and delivery \r\nmechanisms for the welfare beneficiaries; \r\n(o) to notify the disbursement procedures of the social interventions for each \r\nrelevant Government department or agency;  \r\n(p) to approve the budget of the Authority and to re-appropriate funds; \r\n(q) to evaluate and monitor the implementation of the dec isions of the \r\nAuthority; \r\n(r) to monitor existing social protection programs and recommend to the \r\nGovernment their reorganization, consolidation or amalgamation with \r\nother social protection programs in the interest of efficiency and utility;  \r\n(s) to designate regions for discharge of obligations under this Act and \r\ndevelop social protection framework for each region;  \r\n(t) to oversee the establishment of social protection centers in each region \r\nto provide legal and social protection assistance and promote social \r\nawareness; \r\n(u) to engage any person or entity on contract basis to carry out assignments \r\nin accordance with the rules and regulations; and \r\n(v) any other function assigned to the Authority by the Government. \r\n7. Meetings.– (1) The Authority shall meet at least once in a quar ter, at such \r\nplace and at such time and shall observe such procedure in regard to transaction of \r\nbusiness at its meetings as may be prescribed. \r\n(2) The meetings of the Authority shall be p resided over by the \r\nChairperson and, in the absence of the Chairperson, by Vice Chairperson and in case of \r\nabsence of both, a member of the Authority elected for the purpose by the members \r\npresent in the meeting. \r\n(3) Twelve members shall constitute quorum for a meeting of the Authority. \r\n8. Committees.– (1) The Authority ma y constitute Social Protection \r\nCoordination Committee consisting of such members as the Authority may notify. \r\n(2) The Social Protection Coordination Committee shall coordinate with the \r\nFederal Government or other agencies for functional linkage between the  Federal \r\nand Provincial Government ’s initiatives in various social sectors and the Committee \r\nshall supervise and oversee any joint ventures or mutually identified programs. \r\n(3) The Authority may constitute  committees such as  financial, technical \r\nand adviso ry committees , as may be deemed necessary for carrying out the \r\npurposes of this Act and such committees shall exercise such powers and perform \r\nsuch functions as may be delegated or assigned to them by the Authority.  \r\n(4) No committee under this Act shall b e constituted without the \r\nrepresentation of two non -official members including at least one member of the \r\nProvincial Assembly of the Punjab.  \r\n(5) A committee formed under this section , through a majority vote, may \r\nco-opt one or more non-members for technic al advice  and the c o-opted member \r\nmay advice the committee but shall not vote.   \r\n9. Chief Executive Officer.– (1) There shall be a Chief Executive Officer and a \r\nDeputy Chief Executive Officer of the Authority to be appointed by the Government. \r\n(2) The Chief Executive Officer shall: \r\n(a) be the head of the management and Principal Accounting Officer of the \r\nAuthority and shall act as Secretary to the Authority; \r\n(b) be responsible to the Authority for implementation of the decisions of \r\nthe Authority; \r\n(c) be responsible to the Authority in respect of all matters relating to the \r\nstructure, administration and personnel of the Authority; and \r\n(d) have such powers regarding appointment, transfer, promotion, \r\ndismissal and other matters affecting the staff of the Authority as may \r\nbe pr escribed in the regulations or as may be delegated by the \r\nAuthority. \r\n(3) The Deputy Chief Executive Officer shall perform the duties of the \r\nChief Executive Officer when the latter is absent or is prevented from acting.  \r\n(4) The Chief Executive Officer may assign to the Deputy Chief Executive \r\nOfficer the responsibility for certain services or delegate to him any of his own \r\npowers under this Act, the rules and the regulations. \r\n10. Delegation.– The Authority may, subject to such conditions as the Authority \r\nmay deem appropriate, delegate to the Chief Executive Officer , a committee \r\nconstituted under section 8, an agency, a member or an officer of the Authority, any \r\nof its functions under this Act or the rules except the functions of the Authority \r\nprovided in clauses (g), (j), (l) and (m) of section 6 and also provided in sections 17, \r\n19 and 22. \r\n11. Appointment of officers and employees .– Subject to the prior approval \r\nfrom the Authority, the Chief Executive Officer  may appoint such officers, advisors, \r\nexperts, cons ultants and employees, as he considers necessary for the efficient \r\nperformance of functions of the Authority on such terms and conditions as the \r\nAuthority deems fit in the prescribed manner. \r\n12. Public servants .– The Chief Executive Officer, Deputy Chief E xecutive \r\nOfficer and other employees of the Authority shall be deemed to be public servants. \r\n13. Liability for loss.– Any person employed by or serving under the Authority \r\ncharged with the administration of the affairs of the Authority or acting on behalf of \r\nthe Authority or acting under a contract with the Authority , who is responsible for the \r\nloss, waste, misappropriation or misapplication of any money or property belonging \r\nto the Authority which is a direct consequence of his negligence or misconduct in the \r\ndischarge of his duties, shall be liable to pay the loss suffered by the Authority on the \r\nsame being determined by the Authority after giving the person concerned a \r\nreasonable opportunity of being heard. \r\n14. Directions by the Government .– The Authority  shall, in discharging its \r\nfunctions, act on and be guided by , such directions as the Government may give to \r\nit. \r\n15. Transfer of functions .– Where the Authority ceases to perform a function \r\nand another organization controlled by the Government assumes that function, or the \r\nAuthority assumes a function previously performed by another organization , the \r\nGovernment may direct that: \r\n(a) in case another organization assumes any of the functions of Authority, \r\nthe employees of the Authority connected with that func tion shall \r\nbecome servants of the said organization on such terms and conditions \r\nas the said organization may determine, subject to the condition that \r\nthe said terms and conditions are not less favourable than those \r\nadmissible to them as employees of the Authority;  \r\n(b) in case the Authority assumes the functions of another Government \r\ncontrolled organization, the servants of that organization connected \r\nwith that function may become the employees of the Authority on such \r\nterms and conditions that the Authori ty may determine, subject to the \r\ncondition that the said terms and conditions shall not be less \r\nfavourable than those admissible to them as servants of that \r\norganization; and \r\n(c) such part of the funds of the Authority or the organization, as the \r\nGovernment may determine, shall stand transferred to the said \r\norganization or the Authority. \r\n16. Fund.– (1) There shall be established a Fund to be known as the Social \r\nProtection Authority Fund which shall vest in the Authority and shall be utilized in \r\nsuch manner as may be prescribed by the Authority.  \r\n(2) The Social Protection Authority Fund shall consist of: \r\n(a) grants made by the Government; \r\n(b) moneys received from the Federal Government or any agency by way of \r\ngrants; \r\n(c)  donations by persons or association of persons; \r\n(d) Zakat;  \r\n(e)  social protection cess on transfer of property and purchase of land; and \r\n(f) all other sums as may be received by the Authority.  \r\n(3) The Authority shall keep the donations and Zakat in separate bank \r\naccount and shall not be uti lized for any other purpose except for the welfare \r\ninitiatives under this Act. \r\n(4) Notwithstanding anything contained in any other law, all grants, \r\nmoneys, donations and income received by the Social Protection Authority Fund \r\nshall be exempt from all provincial taxes. \r\n17. Budget.– (1) The C hief Executive Officer  shall, in respect of each financial \r\nyear, in accordance with the financial procedures prescribed, prepare the annual \r\nbudget of the program and submit the same to the Authority for approval. \r\n(2) Subject to rules and regulations and any general or specific instructions \r\nof the Authority, the Chief Executive Officer may  incur expenditure for purposes of \r\nthis Act. \r\n18. Accounts and audit .– (1) The Authority shall maintain complete and \r\naccurate books of acc ounts in connection with discharge of its responsibilities under \r\nthis Act as may be prescribed by the Auditor General. \r\n(2) The Auditor General shall audit the accounts of the Authority every \r\nyear in such manner as is prescribed. \r\n(3) The Chairperson may, at any time, appoint a Chartered Accountant or \r\na firm of Chartered Accountants  to conduct an additional external audit of the \r\naccounts of the Authority and submit its report to the Authority. \r\n(4) The Authority shall produce all books of accounts and document s and \r\nfurnish such explanation and information as an Auditor may require for the purposes \r\nof audit. \r\n(5) The Chief Executive Officer shall, after the audit report is received, \r\nsubmit a copy of the audit report to the Authority for information and any remedi al \r\naction, if so required. \r\n19. Annual report.– The Authority shall prepare an annual report for every financial \r\nyear and shall, within four months from the closing of last financial year, submit the annual \r\nreport to the Provincial Assembly of the Punjab through the Government. \r\n20. Immunity of the Authority and its employees .– No suit, prosecution or any \r\nother legal proceedings shall lie against the Authority, the Chairperson, the Chief \r\nExecutive Officer, any member, officer, servant, expert or consultant of  the Authority, \r\nin respect of anything done or intended to be done in good faith under this Act. \r\n21. Power to make rules .– The Government may, by notification in the official \r\nGazette, make rules for carrying into effect the purposes of this Act. \r\n22. Power to make regulations.– Subject to this Act and the rules, the Authority \r\nmay, by notification in the official Gazette, make regulations for giving effect to the \r\nprovisions of the Act. \r\n23. Act to prevail over other laws .– In the event of any conflict or incon sistency \r\nbetween the provision of this Act and the provision of any other law, the provision of \r\nthe Act shall, to the extent of such conflict or inconsistency, prevail. \r\n24. Obligation to produce documents and provide information .– (1) The \r\nAuthority or the Chief Executive Officer  may require, in writing, any person, \r\nGovernment department, authority, statutory body, company or organization, as the \r\ncase may be, to provide any information or data held by that person, Government \r\ndepartment, authority, statutory body, company or organization, which, in the opinion \r\nof the Authority is required for purposes of formulation of policy or exercising the \r\npowers granted by the provisions of this Act. \r\n(2) Every person, Government department, authority, statutory body, \r\ncompany or organization shall furnish the information requisitioned by such officer \r\nunder sub-section (1), at the earliest. \r\n25. Repeal and savings .– (1) The Punjab Social Services Board Ordinance, \r\n1970 (II of 1970) is hereby repealed. \r\n(2) Notwithstanding the r epeal of the Punjab Social Services Board \r\nOrdinance, 1970 (II of 1970): \r\n(a)  any action taken or order or appointment made under the repealed \r\nOrdinance shall be deemed to have been taken or made under this \r\nAct; \r\n(b)  all rights, properties, assets or liabil ities of the Punjab Social Services \r\nBoard established under the repealed Ordinance shall stand \r\ntransferred to the Authority; and \r\n(c)  all employees of the Punjab Social Services Board established under \r\nthe repealed Ordinance shall be deemed to be the emplo yees of the \r\nAuthority but their terms and conditions of employment in the Authority \r\nshall not be less favourable than those as employees of the Punjab \r\nSocial Services Board. \r\n26. Repeal.– The Punjab Social Protection Authority  Ordinance, 2015  (VII of \r\n2015) is hereby repealed.",
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