BENAZIR INCOME SUPPORT PROGRAMME ACT, 2010
ACT XVIII OF 2010
[18th August, 2010]
An Act to provide for establishment of the Benazir Income Support Programme.
Whereas it is expedient to provide for establishment of Benazir Income Support Programme and to regulate its affairs and matters connected therewith or incidental thereto;
And whereas it is desirable to provide financial assistance and other social protection and safety net measures to economically distressed persons and families;
And whereas under the Principles of Policy as given in the Constitution of the Islamic Republic of Pakistan, the State is obliged to promote social and economic well-being of the people and to provide basic necessities of life;
And whereas it is expedient to bring a positive change in the lives of poor and destitute by providing various opportunities to them such as education, special education, vocational training, skill development, workfare programmes, livelihood programmes, health insurance, accident insurance and access to microfinance for improving their financial status;
And whereas it is expedient to establish an autonomous social safety net authority to coordinate the design and implementation of targeted programmes for the poor; It is hereby enacted as follows:___
CHAPTER – I
1. Short title, extent and commencement.___ (1) This Act may be called the Benazir Income Support Programme Act, 2010.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once and shall be deemed to have taken effect on and from the thirtieth day of April 2009.
2. Definitions.-–In this Ordinance, unless there is anything repugnant in the subject or context,___
(a) "applicant" means a person who applies for the provision of financial assistance under the Programme;
(b) "Board" means the Board of the Benazir Income Support Programme established under section 5;
(c) "Chief Patron" means the Chief Patron of the Council;
(d) "Council" means the Council of the Programme constituted under section 8;
(e) "eligible person" means a person or a family, as the case may be, eligible for financial assistance under section 11;
(f) "employee" means a person in the employment and service of the Programme;
(g) "Executive Patron" means the Executive Patron of the Council;
(h) "Management" means the Secretary, administrative and technical staff of the Programme;
(i) "Member means a member of the Board;
(j) "Programme" means the Benazir Income Support Programme established under section 3;
(k) "regulations" means the regulations made by the Board under this Act; and
(1) "Secretary" means Secretary of the Programme.
CHAPTER – II
PROGRAMME, ESTABLISHMENT, OBJECTS AND PURPOSES
3. Establishment of the Programme.___ (1) Upon the commencement of this Act, the Benazir Income Support Programme shall stand established for carrying out the purposes of this Act.
(2) The Programme shall be a body corporate having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire and hold property, movable and immovable, and to sue and be sued by its name.
(3) The principal office of the Programme shall be at Islamabad and it may set up offices at such place or places in the country and outside the country:
Provided that any set up outside the country shall be made with the approval of the Council.
4. Objective and purposes of the Programme.___The objective and purposes of the Programme shall be to___
(a) enhance financial capacity of the poor people and their dependent family members;
(b) formulate and implement comprehensive policies and targeted programmes for the uplift of underprivileged and vulnerable people; and
(c) reduce poverty and promote equitable distribution of wealth especially for the low income groups.
CHAPTER – III
GOVERNANCE OF THE PROGRAMME
5. Governance of the Programme.___ (l) The Chief Patron on the advice of the Executive Patron shall constitute the Board of the Programme.
(2) The Programme shall consist of the Chairperson, Members,Management and such structure as determined by the Board, and shall function in accordance with the regulations.
(3) The Board shall, at any time, consist of not less than nine and not more than eleven Members including the Chairperson to be appointed by the Chief Patron on the advice of the Executive Patron.
(4) The Members of the Board shall be appointed from amongst Government, non-governmental organizations and technical experts who have relevance to the purposes of the Programme having such qualifications and experience as may be determined by the Federal Government by notification in the official Gazette for a term of three years. The Members shall be appointed from Government and non-governmental organizations with equal representation.
(5) There shall be a Secretary who shall be appointed by the Federal Government. The Secretary shall be ex officio Member and Secretary of the Board and shall also be the Principal Accounting Officer of the Programme.
(6) The Chairperson and the Members shall serve in honorary capacity and shall be entitled to such facilities and privileges in the nature of compensatory costs as may be determined by the Federal Government from time to time.
(7) The Board shall meet at least four times in a year and a special meeting of the Board may be convened by the Chairperson or on the request of five Members at any time by giving a reasonable notice of such meeting:
Provided that the Board shall meet at such time and place and in such manner as may be laid down by the Board and until such time as determined by the Chairperson.
(8) The Board shall have the powers to conduct its business and regulate its proceedings as it may prescribe from time to time.
(9) Simple majority of the total membership of the Board shall constitute the quorum for a meeting of the Board, and the decisions of the Board shall be made by simple majority of the total membership of the Board. The Chairperson shall have in case of equality of votes a casting vote.
6. Powers and functions of the Board.___ (l) The Board's powers and functions shall be___
(a) to approve the budget of the Programme prepared by the Management;
(b) to take decisions on the financial aspects of the Programme submitted by the Management for Board's consideration;
(c) to monitor the Programme in a transparent manner;
(d) to make regulations and approve policies and manuals in order to carry out the purposes of this Act;
(e) to approve criteria of eligible families for financial assistance under the Programme; and
(f) to present annual progress reports to the Council and consider its recommendations.
(2) The Board may, through a majority decision of its Members and subject to such conditions as it deems necessary, delegate any of its functions and powers to the Chairperson or any Member. All actions taken in the exercise of all such delegated functions and powers shall be submitted to the Board for approval in the subsequent Board meeting.
7. Powers and functions of the Chairperson.___ (1) The Chairperson of the Board shall be the Chairperson of the Programme.
(2) The Chairperson shall be incharge ensuring consistency of operations with policies of the Programme approved by Board.
(3) The Chairperson shall provide strategic guidance to the Programme and ensure implementation of the Programme in accordance with the decisions of the Board and the provisions of this Act.
(4) The Chairperson shall in consideration of the advice of the. Council executes the Board decisions for enhancement of the Programme.
(5) The Chairperson shall be responsible for meeting all objectives and policies of the Programme and implementation thereof..