GOVERNMENT SERVANTS HOUSING FOUNDATION ACT 2004
(Act X of
An Act to provide for
the establishment of
Housing Foundation for the Government servants.
Whereas it is expedient to establish the Punjab
Government Servants Housing Foundation in order to introduce a scheme for
providing houses [or
plots] on no profit no loss basis to Government servants
* *] or to their families in case of death during service and to make
provisions for matters connected therewith or ancillary thereto.
It is hereby enacted
1. Short title, extent,
commencement and application.–
(1) This Act may be called
the Punjab Government Servants Housing Foundation Act 2004.
(2) It extends to
the whole of the Province of the Punjab.
(3) It shall come
into force at once but shall take effect on such date as may be notified by
the Government in the official Gazette.
(4) It shall apply
to all Government servants.
In this Act, unless there is anything
repugnant in the subject or context, the following expressions shall have
the meanings hereby respectively assigned to them, that is to say–
(a) “Board” means
the Board of Directors of the Foundation;
in relation to a Government servant means his or her relations in the
wife, wives or husband, as the case may be;
children, if residing with and wholly dependent
upon him or her;
parents, sisters and minor brothers, if residing
with and wholly dependent upon him or her;
means the Punjab Government Servants Housing Foundation established under
means the fund established under this Act;
means the Government of the Punjab;
servant” means a person holding a Government post and includes–
a person who is a member of a civil service of
the Province of the Punjab; or
a person who holds any civil post of any scale of
pay from BS-1 to BS-22, in connection with the affairs of the Province; or
a member of the Civil Service of Pakistan who,
while serving under the Provincial Government, has opted to become a member
of the Foundation and satisfies such other conditions as may be prescribed:
that such a person is not employed on contract or on work-charge basis, or
is paid from contingencies;
“house” includes a flat or quarter of any category to be allocated to a
means a Government servant who is a member of the Foundation;
“plot” means a residential plot of any category to be allocated to a
means prescribed by the rules made under this Act;
means the regulations framed under section 22 of this Act; and
means the rules made under section 21 of this Act.
3. Establishment of
(1) As soon as may be after the commencement of this Act, the Government
shall establish a foundation to be known as the Punjab Government Servants
(2) The Foundation
shall be a body corporate, having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire land in
accordance with law and hold properties both movable and immovable and may
sue and be sued by the said name.
(3) The Government
may, from time to time, transfer state or nazul land, free of cost, to be
utilized for the purpose for which the Foundation is established.
4. Board of Directors.–
(1) The Foundation shall have a Board of Directors comprising the
Chief Secretary to the Government of the Punjab;
Additional Chief Secretary to the Government of the
Chairman, Planning and Development Board Punjab;
Senior Member, Board of Revenue, Punjab;
Secretary to Government of the Punjab,
Secretary to Government of the Punjab,
Housing, Urban Development and Public Health Engineering Department;
three civil servants of the Punjab,
at least one female civil servant]
representing the civil servants from BS-1 to BS-17, to be appointed
by the Government for a specified period;
three other persons
at least one woman]
as may be appointed by the Government for a specified period; and
Managing Director of the Foundation
(2) Six Directors including at least three ex-officio
Directors shall constitute quorum in a meeting of the Board.
(3) Decisions shall
be taken by the Board by simple majority and the Chairman shall have the
casting vote in case of equality of votes.
5. Removal of a
Director.– (1) A
Director, not being an ex-officio Director, shall hold office during the
pleasure of the Government.
(2) Government may
remove any such Director during the tenure of his office in the prescribed
6. Casual vacancy.–
Any vacancy caused due to the death,
resignation or removal of a Director, other than an ex-officio Director,
shall be filled in by the Government through appointment of another person
as Director and such appointee shall, subject to the provisions of section
4, hold such office for the unexpired period of the term of his predecessor.
7. Power and functions
of the Board.– Subject to the provisions of
this Act, the Board shall exercise such powers and take such measures as may
be necessary for carrying out the purposes of this Act, including–
to take steps for the establishment of a Fund in
the manner hereinafter provided, for carrying out the purposes of the
Foundation including incurring of expenditure and investment of money;
to arrange, purchase or acquire land, wherever
necessary, within the Province of the Punjab;
(c) to develop the
land for the purpose of setting up
schemes with provisions for houses or plots, commercial area] and social,
recreational, educational, health or other activities necessary for the
benefit and welfare of the members and their families;
to prepare a master plan for the development of
establish housing schemes for] the members in accordance with the provisions
of this Act and the rules;
to create organizations and employ such persons
as may be necessary for running affairs of the Foundation;
to exercise control over the housing schemes and
look after the operation and maintenance of all essential services;
to receive such fees and other user charges as
may be prescribed;
to sell or dispose of assets, movable or
immovable, of the Foundation in such a manner as may be determined by the
to appoint employees and determine their terms
and conditions of service;
to authorize spending from the fund;
to delegate any of these powers and functions to
a person or to a body of persons; and
to do such acts as are ancillary and incidental
to the above functions.
authority and management of the Foundation shall vest in the Board.
The Board may constitute such committees as
may be necessary for carrying out the purposes of this Act.
10. Managing Director.–
(1) There shall be a Managing Director of the
Foundation who shall also be the chief executive of the Foundation.
(2) The Managing
Director shall be appointed by the Board with the approval of the Government
for a specified term.
(3) The Managing
Director shall exercise such powers and perform such functions as may be
determined by the Board.
(4) The Managing
Director shall hold office during the pleasure of the Board.
(5) The Managing
Director shall cease to hold office in the manner as may be prescribed.
11. Annual progress
report.– (1) The
Foundation shall prepare an annual progress report at the end of each
(2) This report
shall be submitted in a meeting of the Board, whenever such meeting takes
place after the preparation of the report.
12. Establishment of
fund.– (1) As soon
as may be, after the commencement of this Act, the Foundation shall arrange
establishment of a fund with the help and assistance of the Government.
(2) The fund shall
such grants as may, from time to time, be made by
other contributions and donations by private or
such loans and advances as may be obtained from
financial institutions with the help of the Government wherever necessary;
contributions made by members from time to time;
income and profits from investments from various
fees or other user charges;
amounts received from sale or disposal of assets
of the Foundation; and
all other sums received by the Foundation and
income from any other source.
(3) The monies
credited to the fund shall be kept in such custody as may be prescribed.
13. Membership of the
(1) A Government servant may become member of the Foundation in the manner
as prescribed in the rules.
(2) A member shall be liable to pay such monthly
contribution as may be determined by the Board from time to time.
Termination of membership.–
(1) The Managing Director of the Foundation may, in the prescribed manner
and after affording an opportunity of hearing, terminate the membership of a
Any person aggrieved from an order passed under
sub-section (1) may, within thirty days from the date of the communication
of the order, file representation against the order before the Board and the
Board shall pass appropriate orders on such representation after giving the
aggrieved person an opportunity of being heard.]
15. Manner of collection
of contributions and maintenance of accounts.–
(1) All monthly contributions shall be deducted at source from the salary of
the member concerned by the Accountant General or the District Accounts
Officers, as the case may be, within whose jurisdiction the disbursement of
salary is made to that member.
(2) The Accountant
General Punjab shall allocate a separate sub head for deduction of
contributions from the [salary]
of the Government servants and pass on the credit to the Foundation
regularly within one month of such deduction.
(3) The Foundation
shall maintain separate account in respect of each member and be responsible
to ensure that the amounts of contributions paid by the member or deducted
from his [salary]
by the Accountant General or the District Accounts Officer, as the case may
be, have been received and accounted for in the books of the Foundation.
16. Disposal of
or plots].– Subject to provisions of this Act,
the Foundation shall dispose of the
or plots] in favour of its members at the time of their retirement, or in
favour of their families in case of death during service:
that in case the number of houses or plots exceeds the above requirement,
they may be disposed of, in the prescribed manner, in favour of the serving
members who are not less than fifty eight years of age.]
Location etc. of houses and plots.– (1) The housing schemes shall be carried out at locations
as may be determined by the Board and a member may be given three options of
preference of the locations of his choice.
(2) The Board shall
allocate a house or plot to a member depending upon his option and
entitlement on the basis of seniority, date of retirement or any other
(3) The Board shall
determine price of a house or plot in a housing scheme.
(4) The Foundation
shall annually update all payments made by a member.
(5) The Foundation
shall not allot a house or plot to a member unless the member has paid in
full the price of the house or plot before draw.]
18. Budget and audit.–
The budget of the Foundation shall be approved
and its accounts shall be audited in the manner as may be prescribed.
19. Directions by
Government.– The Foundation shall, in
discharging its functions, act and be guided by such directions as the
Government may give to it from time to time.
20. Public servants.–
All persons acting or purporting to act in
pursuance of any provision of this Act, shall be deemed to be public
servants as defined in section 21 of the Pakistan Penal Code, 1860 (XLV of
21. Power to make rules.–
Government may make rules for carrying out the
purposes of this Act.
22. Power to make regulations.–
Subject to the provisions of this Act and the rules, the Board may frame
regulations to give effect to the provisions of this Act.