5th March, 1981

[No. 4 (4) Admn/81 AFT. 4 March, 1981 In exercise of the powers conferred by section 6 of the Workers Children (Education) Ordinance, 1972 (XI of 1972) the Administrator, Islamabad Capital Territory is pleased to make the following Rules].

1. Short title and commencement (1) These Rules may be called the Islamabad Capital territory Workers Children Education Cess (Utilization) Rules, 1981.

(2) These shall come into force at once.

(3) These shall apply to the whole of Islamabad Capital Territory.

2. Definitions—-(I) In these Rules unless there is anything repugnant in the subject or context —-

(a) “Administrator” means the Administrator, Islamabad Capital Territory ;

(b) “Chairman” means the Chairman of the District Committee of Management;

(c) “Committee” means the District Committee of Management constituted under these Rules;

(d) “Education” means and includes all types of education, whether general, vocational, technical or professional in a recognized school, college, university or other Institution, provided by awarding a scholarship or stipend or other facilities such as text books, stationery, fees and funds payable to the institution or hostel and combination of more than one of these facilities and any other facility which the Islamabad Capital Territory may deem necessary for the purpose.

(e) “Member” means a Member of the Committee;

(f) “Non official member” means a Member other than an official Member;

(g) “Official Member” means a Member who is in service of Government

(h) “Ordinance” means Workers’ Children (Education) Ordinance,

(i) “Scholarship” means and includes any financial aid to be given on monthly basis to a student child of the worker for such period as the Committee may deem fit ;

(j) “Stipend” includes any assistance and facility in the shape of cash or text books, stationery etc. to be given . to a student child of the worker or payment of fees and dues payable by him to the institution or hostel in which he is studying or putting up.

(2) All expressions used but not defined in these rules shall have the meanings respectively assigned to them by Workers Children (Education) Ordinance, 1972.

3. The Committee shall comprise. —

(a) A Chairman, who shall be the Assistant Commissioner of Isla*mabad Capital Territory District ;

(b) Members, who shall be —

(i) A representative of the Ministry of Education;

(ii) Excise and Taxation Officer of the District;

(iii) Assistant Director/Deputy Director, Labour Welfare (Educa*tion), as Member Secretary to be nominated by the Regional Director of Labour Welfare;

(iv) Nor more than three representatives from workers ; and

(v) Not more than three representative from employers:

Provided that the representative from the workers and employers shall be nominated by the Administrator.

4. Tenure of Office of Members. (1) A non official member shall hold office for a period of one year from the date of Notification appointing him a member and shall be eligible for re nomination:

Provided that an outgoing member may continue in office until the appointment of his successor is notified:

Provided further that no act or proceedings of the Committee shall be invalid by reason only of existence of vacancy or defect in the constitution of the Committee.

(2) A person appointed as Member to fill a casual vacancy shall hold office for the unexpired period of his predecessor,

(3) A member may be writing in his own hand addressed to the con*cerned Chairman, resign his office or be may he removed by the Government if he is convicted of any offence which in the opinion of the Government involves moral turpitude or if be has been absent for three consecutive meetings without leave of absence obtained from the concerned Chairman.

5. Meetings. –(1) The meeting of the Committee as the case may be shall be held at least once in every three months.

(2) The meeting may be convened by the Chairman concerned whenever considered necessary.

(3) The quorum for the meeting of the Committee, shall be its Chair*man and three members of the Committee; provided that at least one member from workers is present.

(4) Decisions by the Committee shall be taken by the majority votes of the Committee. In case of au tie the Chairman shall have a second or a casting vote.

(5) The minutes of the meeting shall be recorded in a Minute Book to be kept by the Committee and shall be signed by the Chairman and shall be circulated amongst the, members present in Pakistan.

6. Disposal of Business. —–(i) Every quest inn which tee Committee is required to take into consideration shall be considered at a meeting.

(2) A resolution relating to a matter not can the agenda may be moves by stay member with the permission of the Chairman concerned and if the resolution is seconded, it shall be discussed, in the meeting of the Committee.

(3) The Committee may refer any particular matter to a Sub Committee for consideration and report and may also appoint a technical expert/adviser to assist the sub committee. The quorum for the meeting of the Sub-Committee shall be half of the member of such sub committee.

(4) The Chairman shall place the findings of the sub committee and the opinion expressed by the adviser before the Committee for decision.

7. Allowance for attending the meeting. –A non official member, an adviser or any other person specially invited by the Committee or the sub *Committee shall be entitled to the following allowances

(a) Travelling Allowance, —A non official member will be allowed the actual fare by rail or road. in a pubic transport paid by him for the journeys to and from his place of residence;

(b) Daily Allowance. (i) Daily allowance at the rate of Rs. 35 will be paid .for actual day of the meeting provided that no daily allowance shall be admissible to the non official member, adviser or other invitees residing at the place of the meeting. Such a member would, however, be entitled to actual taxi charges from his residence to the place of the meeting and .basic or a conveyance at Rs. 1.30 per mile in case he use Isis own car for the journey;

(ii) The travelling and daily allowance shall be sanctioned by the Chairman and will be met out of the funds of Workers Children Education Cess.

8. Utilization of Funds. –(1) The annual collection of Education Cess shall be Utilized for providing educational facilities to workers’ Children and improvement of schools located in or attached to the industrial under*takings and on administration of the District Committees. The total amount of the Cess excluding the expenditure on the administration of the District Committees may be utilized in the following manner :

(i) 25 per cent of the amount on the improvement of schools by providing teaching aids, equipment furniture and other things ancillary thereto, to the schools located .in the industrial areas or attached to the industrial undertakings;

(ii) 25 per cent of the amount for providing educational factories to the workers’ children up to Matriculation; and

(iii) the remaining 50 per cent of the amount shall be utilized for finan*cial help to the workers’ children for post matriculation studies *preferably in the field of technical and professional education.

(2) The Committee shall obtain on quarterly basis information from each industry or establishment paying Education Cess in respect of the number of workers covered cess collected and the number of Workers’ Children to be benefitted and shall maintain such record up to date. It shall ensure that industry or establishment the workers of which are being bene*fitted. paying the Education Cess.

(3) Application for nomination of one child to receive education under these rules shall be received by the Committee through the employer twice a year, i.e. in the month of April and the September, in Form. E I, appended to these Rules, from every workers employed in the Establishment, liable to pay Cess and located within the District.

(4) The Committee shall decide as to facilities and financial assistance in connection with education be given to the workers’ child.

(5) The decision of the Committee under. sub rule (4) shall be com*municated forthwith to the worker concerned, his employer, and the institu*tion where the child concerned is getting education.

(6) The amount of Scholarship or stipend or other facilities shall be provided to the child concerned through the head of his educational insti*tution who will submit such quarterly reports as may be desired by the Committee.

(7) The Committee may decide to withdraw a facility and financial assistance or stop payment of stipend or scholarship on expiry of an acade*mic year or on completion of a course or in case the worker concerned is dismissed, terminated or retrenched, or the student concerned fails in a class in two successive attempt.

(8) A worker aggrieved by the decision of the Committee may prefer a review petition to the Committee within 30 days of the communication thereof and the committee shall decide the matter afresh.

9. Maintenance of Account. —The Commute, shall maintain proper accounts of the funds at their disposal, and the funds will be audited in the same manner as the accounts of a Government office are audited.

10. Withdrawals. –(1) The Administrator, Islamabad Capita Territory will be the Drawing and Disbursing Officer for the funds of the Cess; provided that he may nominate any other officer as Drawing and Disbursing Officer on his behalf.

(2) The Committee shall place its demands for the next financial year with the Administrator by the 1st of March every year. In addition to other items of expenditure, the budget estimates statement must contain informa*tion regarding the amount of estimated expenditure on various items men*tioned in Rule 8(1).

(3) The Administrator will scrutinize and revise, if need be, the said demands and shall allocate funds to the committee for utilization.

(4) The funds allocated by the Administrator to the Committee shall be placed in the Persons Ledger Account in the name of the Chairman of the Committee.

(5) The Chairman of the Committee will be the Disbursing Officer of the funds placed at his disposal by the Administrator; provided that be may delegate his powers of withdrawal to a member of the Committee, whoa shall exercise such powers of withdrawal in such manner and subject to such con*ditions as are prescribed by the Chairman of the Committee.

(6) The Committee shall, by the 10th of each month, submit to the Administrator a monthly return relating to the preceding month showing the amount of allocation in band at the beginning of the month, the amount of further allocation, if any, received and the disbursement made during the month.

11. Miscellaneous. — (1) The Administrator shall have powers to call for any information from or to give directions to the Committee.

(2) The Committee shall furnish to the Administrator quarterly as well as annual reports giving the following information :

(i) Number of workers’ children provided with educational facilities during the period under report;

(ii) Types of facilities provided; and

(iii) The amount spent on each of such facilities during the period under report.

12. Accounting Procedure. The Excise and Taxation Department which collects Workers’ Children Education Cess, shall :

(i) Credit 2% of the Cess to Head Subs. for “0293 Education Cess” Gaz. of Pak. Extr. Pt. III. April 1, 1981. p. 178 1981 PLS 115[“1390 Collection fee on account of Education Cess.”]

(ii) Credit the remaining 98% of the proceeds under the Heads Subs. for “0293 Education Cess” by Noti. SRO 1157 (1) 82. Nov. 20. 1982, Gaz. of Pak. Extr. Pt. II. Nov. 24, 1982, p 1788 :1983 PLS 39.[“3500 Departmental Judicial Deposit 3548 Civil Deposits *Worker at Children Education Fund”.]
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FORM E 1
[See Rule 8 (3)]

I, Mr………………………………………………………………………………………..
resident of ……………………………………. Employed as………………………………..
in……………………………………………………………………….hereby nominate
Mr./Miss ………………………………………………….. who is my son/daughter as nay nominee for . the.. grant of. facilities ..of Free Education under the Workers Children (Education) Ordinance, 1972, and the Rules made thereunder.

1. Name of the Nominee………………………………………………………………..

2. Late of birth of the Nominee ………………………………………….. ………………………………

3. Class in which the Nominee is studying……………………………………………..

4. Name of they School/Institution in which the nominee is studying……………………..

I certify that the abode particulars are true to the best of nay knowledge tend belief.. I further certify that I have not nominated any other son/ daughter previously. Four attested photographs of the nominee arc attached herewith.

Signature of the Applicant.

Dated
VERIFICATION BY THE HEAD OF INSTITUTION

Verified that…………………………………………………………………………..
Son of………………………………………… ………………………………………….. …………is a bona fide student of class …………………………………. of this School/College/University/Institution.

Signature of Head of the Institution.

Dated:

Seal
VERIFICATION BY THE EMPLOYER

It is verified that the applicant is employed in this establishment for the last …………………months/years. It is also certified that the Worker is not Already enjoying the facility under Workers Children (Education) Ordinance. 1972 and that this establishment has not previously verified any nomination paper of this worker.

Signature of proprietor/Manager

of the establishment..

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