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GILGIT ACT NO. III OF 2012

ADVISORS (SALARIES, ALLOWANCES AND PRIVILEGES) ACT, 2012

An Act to determine the salaries, allowances and privileges of the Advisors, Gilgit-Baltistan Council

[Gazette of Pakistan, Extraordinary, Part-I, 6th June, 2012]

No. C-1(2)/2012 GBC.—The following Act, passed by the Gilgit-Baltistan Council on 21st March, 2012 and authenticated by the Chairman, Gilgit-Baltistan Council/Prime Minister of Pakistan, is hereby published for general information.

WHEREAS it is expedient to determine the salaries, allowances and privileges of the Advisors and for matters connected therewith;

It is hereby enacted as follows:-

1.       Short title and commencement.—(1) This Act may be called the Advisors (Salaries, Allowances and Privileges) Act, 2012.

(2)  It shall come into force at once and shall be deemed to have taken effect on the 7th day of October, 2011.

2.       Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—

(a)     "Advisor" means an Advisor appointed under clause (13) of Article 33 of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;

(b)     "Council" means the Gilgit-Baltistan Council established under the Article 33 of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009;

(c)     "family" means the parents, spouse, legitimate children and step children residing with and wholly dependent upon the Advisor;

 

(d)     "maintenance" in relation to a residence includes the maintenance of furniture and furnishing, the payment of local rates and taxes and the provision of electricity and water;

(e)     "official residence" means the house reserved from time to time for use by an Advisor and includes the staff quarters and other building appurtenant to, and the gardens of, the residence but does not include Federal Lodges, Parliament Lodges, Government Hostel and a Government Rent House;

(f)      "prescribed" means prescribed by rules made by the Council; and

(g)     "year" means a year commencing on the 1st day of July and ending on the 30th day of June next following.

(2)  The words and expressions used in this Act and not defined shall have the meanings assigned to them in Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009.

3.       Salary.—An Advisor shall receive a salary of seventy thousand three hundred and thirty one rupees per mensum:

Provided that if a person who, by virtue of his holding an office of profit in the service of Pakistan or the service of Gilgit-Baltistan declared by law not to disqualify its holder from being appointed as Advisor, is entitled to receive a salary, the amount of the salary to which he is entitled under this Act shall be only such amount as would not, together with the amount of salary calculated on a monthly basis to which he is entitled by virtue of his holding such an office, exceed seventy thousand three hundred and thirty one rupees per mensum.

4.       Equipment allowance.—On his first appointment, an Advisor may draw five thousand rupees, as an allowance for equipment himself:

Provided that, during the ten years immediately preceding to said appointment, he had not drawn an allowance for the same purpose upon election or appointment to the office of Governor, Speaker or Minister.

5.       Allowance on taking up and laying down the office.—(1) An Advisor shall be entitled to claim actual expenses to the extent mentioned below from his ordinary place of residence to the seat of the Council on taking up office and from the seat of the Council to his ordinary place of residence on laying down office.

(a)     the actual traveling expenses for himself and his family;

(b)     the cost of transportation personal servants, not exceeding two, by the lowest class of accommodation;

(c)     the cost of transporting household effects, not exceeding one hundred and twenty maunds, by goods train, steamer or other craft, excluding aircraft, and his personal car, if any.

(2)  No claim shall lie for any travel or transportation not performed within six months of the date of taking up or laying down office, as the case may be.

6.       Sumptuary allowance.—Every Advisor shall receive sumptuary allowance at the rate of six thousand rupees per mensum.

7.       Transport—(1) Every Advisor and the members of his family shall be entitled to the use of an official car maintained at the cost of the Council in accordance with the rules framed by the Council for the use of staff cars.

(2)  An Advisor who resigns his office but is not re-appointed may be allowed the use of the staff car provided to him for the same period for which he is allowed to retain official residence, but, during this period, he shall pay for the petrol and oil and for the official driver who will remain in charge of the car.

8.       Official residence.—(1) Every Advisor shall be entitled, without payment of rent, to the use of a residence throughout his term office, and for a period of fifteen days immediately thereafter, and no charge shall fall on him personally in respect of its maintenance.

(2)     The assessed rent of a house hired for the use of an Advisor shall in no case exceed seventy five thousand rupees per mensum.

(3)     The official residence of an Advisor shall be furnished by the Council at a cost not exceeding one hundred thousand rupees in accordance with such scale as may be prescribed by the Council from time to time:

Provided that spending of the whole of the aforesaid amount on any one item of furnishing shall not be permissible.

(4)     Lumpsum utility allowance of twenty two thousand rupees per mensum shall be paid to an Advisor for payment of utility bills.

(5)     All furniture and furnishing provided in the official residence shall be marked for the purpose of identification.

(6)     When an Advisor occupies an official residence, it shall be the duty of the officer concerned of the Council to hand over charge of the furniture and furnishings in that residence to the Advisor, or to a person authorized by him in writing, according to an inventory to be drawn up and signed.

(7)     When an Advisor is about to vacate an official residence, he shall inform the officer concerned of the Council and shall arrange for the furniture and furnishings of the official residence being handed over to that officer according to an inventory to be drawn up and signed.

(8)     The officer concerned of the Council may, from time to time, inspect an official residence, its furniture and furnishings with the prior approval of the Advisor.

9.       Payment on account of non-availability of official residence.—If, at the time of his entering upon office, an official residence as per entitlement is not available, an Advisor shall, until such residence is provided by the Council be paid subject to a maximum of seventy five thousand rupees per mensum.

10.     Payment in case of own house.—Where an Advisor chooses to reside in his own house, the Advisor may be paid a monthly sum of seventy five thousand rupees, in lieu of the furnished accommodation and to cover all expenses on its maintenance:

Provided that no furniture and furnishings shall be provided therein at the cost of the Council:

Provided further that, if the advisor holds his office in the house, the room used as his office shall be furnished at Council expenses:

Provided also that an Advisor shall be entitled utility allowance specified in sub-section (4) of Section 8.

11.     Residential telephone, etc.—(1) An Advisor shall be entitled to a telephone to be installed at his residence at Council expense and shall be exempted from payment of its rental and charges of calls made there from within Pakistan and Gilgit-Baltistan.

(2)  A casual telephone facility shall be provided to the Advisor during his tour within Pakistan and Gilgit-Baltistan.

12.     Travelling allowance for journeys within Pakistan and Gilgit-Baltistan.—(1) Subject to the provisions made hereafter, an Advisor travelling on official duty shall be treated an officer of BPS-22.

(2)  Journey by rail—An Advisor shall be entitled—

(a)     to requisition at the cost of the Council a two-berthed or four-berthed first class compartment, including an air-conditioned compartment, if available on the train;

(b)     to take with him not more than two personal servants by the lowest class of accommodation when traveling by a two-berthed or four-berthed railway compartment;

(c)     to the carriage of personal baggage not exceeding three maunds when traveling by a railway compartment;

(d)     to take with him without payment of fares his family members not exceeding four, when travelling in a requisitioned railways compartment; and

(e)     to draw an allowance of fifty rupees for every twenty-four hours of the period of journey and an allowance of twenty five rupees for a lesser period, in addition to the daily allowance admissible under Section 12.

(3)     Journey by steamer or launch.—An Advisor shall be entitled—

(a)     to draw the actual fare paid for himself;

(b)     to draw an allowance of fifty rupees for every twenty-four hours of the period of journey and twenty-five rupees for a lesser period, in addition to the daily allowance admissible under Section 13;

(c)     to take with him not more than two personal servants by the lowest class of accommodation; and

(d)     to the carriage of personal baggage not exceeding three maunds.

(4)     Journey by air.—An Advisor may, if the public interest so demands, travel by air, in which case, he shall be entitled—

(a)     to the actual economy plus class air fare, while travelling within Pakistan and Gilgit-Baltistan, and Business class air fare, while traveling abroad;

(b)     to the cost of transporting personal luggage not exceeding one hundred pounds inclusive of the free allowance given by the air company;

(c)     to requisition at the cost of Council, if he considers it necessary in the public interest, an aeroplane or a helicopter belonging to the Pakistan Air Force or Government of Gilgit-Baltistan, subject to the availability and in accordance with the rules framed by the relevant authority, or an aeroplane belonging to any flying club in Pakistan and Gilgit-Baltistan;

(d)     to take with him while travelling within Pakistan and Gilgit-Baltistan, one member of his family when traveling by a commercial aeroplane or four members of the family when traveling by a requisitioned aeroplane, provided that no non-official shall be allowed to travel in Pakistan Air Force aeroplane without the authority of the Ministry of Defence;

(e)     to the cost of transporting not more than two personal servants by the lower class of accommodation by rail or steamer;

(f)      to the carriage of personal luggage by rail or streamer subject to a maximum of three maunds; and

(g)     to take with him by air one personal servant or a peon in lieu of the entitlement in clauses (e) and (f).

(5)  Journey by road.—(a) An Advisor shall be entitled, for a journey performed by road beyond a radius of eight kilometres from his headquarters, to an allowance of five rupees per kilometres, if journey is performed by a private vehicle and in any other case to an allowance at the rate of fifty rupees per day:

Provided that the allowance mentioned in this sub-section shall be admissible only in respect of—

(i)      a journey or that part of a journey which has to be undertaken by road in the public interest or in the absence of railway communication; and

(ii)     a short journey which can not conveniently by undertaken by rail and which involves an absence from headquarters for more than eight consecutive hours.

(b)     In respect of a journey performed by road beyond a radius of five miles from his headquarter, an Advisor shall be entitled to claim the actual cost of transporting—

(i)      not more than two personal servants, provided that the servants travelled by a conveyance other than that by which the Advisor traveled; and

(ii)     up to a maximum of three mounds of personal luggage:

          Provided that the journey is performed to a place of halt in respect of which daily allowance is admissible.

13.  Daily allowance during halt.—(1) An Advisor, while on tour, shall be entitled, to receive a daily allowance at the rate of one thousand rupees for each day.

(2)     An Advisor who arrives at the place of duty or departs from such place shall be entitled to draw daily allowance at the full rate for the day of arrival, or the day of departure, as the case may be, irrespective of the time of arrival or departure:

Provided that not more than one daily allowance at the full rate may, in any case, be claimed in respect of any one day.

(3)     Where an Advisor on tour stays in a hotel because of non-availability of accommodation in any Government Guest House, or Rest House, he shall be entitled to the reimbursement of actual rent charges of a small suite paid by him for the period of stay in that hotel, in addition to the daily allowance:

Provided that an Advisor who does not wish to avail himself of such accommodation shall be paid a subsidy at the rate of fifty rupees for each day during any period of tour on duty.

14.     Travelling allowance bill.—An Advisor shall indicate on his travelling allowance bill whether he has travelled in a requisitioned railway saloon or compartment or aeroplane or as an ordinary first class passenger, specify the number and relationship of family members and other who traveled with him, certifying whether they purchased the necessary tickets, and also, certify that the journey was primarily under taken on official business,

15.     Controlling Officer.—An Advisor shall be his own controlling officer.

16.     Travelling allowance for journey abroad.—An Advisor traveling on official business outside Pakistan and Gilgit-Baltistan shall be entitled to such allowance as may be prescribed from time to time by the Council.

17.     Medical facilities.—An Advisor and his family shall be entitled to medical facilities admissible under the rules framed by the Council and shall be entitled to receive medical treatment at the residence.

18.     Leave.—(1) The Chairman may grant to an Advisor during his term of office at any one time or from time to time, leave of absence for urgent reasons of health or private affairs, for a period not exceeding in the aggregate three months:

Provided that an Advisor shall earn four days leave per month subject to a maximum of three months:

Provided further that an Advisor shall be entitled to avail himself of the unutilized period of the leave aforesaid immediately after laying down his office.

(2)  An Advisor shall be entitled to receive leave salary of fifty eight thousand seven hundred and twenty rupees per month.

19.     Personal staff.—Each Advisor, except while on leave, shall be entitled to have one Private Secretary, one Personal Assistant, one Urdu Stenographer or Stenotypist, one Qasid and one Naib-Qasid, with such status and conditions as are or may be laid down by the Council from time to time.

20.     Provident Fund.—(1) An Advisor may at his option, become a subscriber to the General Provident Fund; and if he so opts, he shall subscribe to the Fund as a compulsory subscriber in accordance with the General Provident Fund (Central Services) Rules.

(2)     A temporary advance may be granted to an Advisor from the amount standing to his credit in the General Provident Fund at the discretion of the Council for a purpose for which such advance may be granted to a subscriber under the said rules.

(3)     The grant of a temporary advance under sub-section (2), shall, unless the Council otherwise directs, be subject to the condition to which an advance granted to a subscriber under the aforesaid rules is subject.

21.     Compensation in case of air accident.—(1) If an Advisor, while traveling by air, on official duty, by any flight, scheduled or unscheduled (including flight in a Government-owned aircraft of any type), dies or receive an injury as a result of an accident, the Council shall pay to the person or persons referred to sub section (2), a sum of three hundred thousand rupees in the case of death, and an amount to be determined by the Council having regards to scale of compensation applied by insurance companies in like cases, in the case of injury.

(2)     The compensation shall be payable in the case of injury, to the Advisor and, in the case of death, to such member or members of his family, or, if there be no such members any other person or persons as may be nominated by him, and in the absence of such nomination to his heirs.

(3)     A nomination under sub-section (2) may be made, and may also be revoked or altered, by a notice in writing signed by the Advisor and addressed to the Accountant General of the Council.

22.     General.—(1) The family of an Advisor shall be entitled to travel by air or by rail from the headquarters of the Advisor to his hometown and back once a year at Council expense.

(2)  All reasonable precautions shall be taken by the Advisor to see that the official residence, transport and furniture and furnishings provided by the Council are used with the same care with which a person's own property is used.

23.     Act to have effect subject to instructions, etc.—This Act shall have effect subject to such instructions, rules, exceptions, further concessions, or easements as the Council may from time to time prescribed or grant.

24.     Increase in emoluments.—The salaries, allowances and privileges of Advisors shall automatically be increased by the Gilgit-Baltistan Council Secretariat in proportion to the increase in the emoluments of the civil servants.

25.     Power to make rules.—The Chairman may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

Passed by the Gilgit-Baltistan Council on the 21st March, 2012.