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PROPOSED DRAFT

JUDICIAL WELFARE FUND MIRPURKHAS FOR JUDICIAL DISTRICT MIRPURKHAS.

PRE-AMBLE

WHEREAS, keeping in view the question of welfare of the Judicial Staff of Judicial District Mirpurkhas, it has been found necessary to form a Judicial Welfare Fund with name & style of “Judicial Welfare Fund for Judicial Staff, Mirpurkhas which would not only stand with judicial staff in events of need (s) but will also play a vital role in eliminating the cause (s) which lead staff towards corruption in name of such need(s).

1. OBJECTIVE

The objective and aim of setting up the Judicial Welfare Fund, Mirpurkhas is to minimize financial as well as social problems of regular employees and to stand up with them in their matters of urgent need (s).

(2). INTERPRETATION:

(i). “FUND” means Judicial Welfare Fund for judicial staff of Mirpurkhas.

(ii). “Welfare Committee” means Management Committee, which shall comprise of;

District & Sessions Judge, Mirpurkhas

1st Additional District & Sessions Judge, Mirpurkhas

1st Senior Civil Judge, Mirpurkhas;

1st Civil Judge & J.M, Mirpurkhas

(iii) "Chairperson" means the District & Sessions Judge, Mirpurkhas of Judicial District Mirpurkhas

(iv).“Member” means every single regular staff of the Judicial District Mirpurkhas regardless of its cadre and grade. The Member” shall be classified in two categories;

“Clerical staff” which shall include every regular employee serving in BPS-7 to up-words but shall not include Judicial Officer(s);

“Non-clerical staff” which shall include all other regular employees;

It shall be compulsory for each and every serving regular employee of the Judicial District Mirpurkhas to become member;

(v) The “urgent need” shall include the matter (s) of:-

(1) Death of the member (s);

(2)) marriage of daughter of the member(s);

(3) major accident of the member(s);

(4) Health issue of children of any of the member(s);

(5) or any other matter of the Member (s) which the Welfare Committee, so determine and approve as, “urgent need”;

The decision of the Welfare Committee in respect of matter (s) of urgent need shall be final;

vi) The “Account” of the Fund shall mean the “Account” which will be opened in National Bank of Pakistan, Main Branch, Mirpurkhas in the name of the “Judicial Welfare Fund for Judicial staff of Judicial District, Mirpurkhas”.

vii) The “Financial assistance” shall mean the amount, approved by Welfare Committee, and extended to any of the Member (s) in matter of urgent need, which shall be refundable in installments as determined by Welfare Committee;

viii) The “Financial Aid” shall mean the amount, approved by Welfare Committee, and extended to L. Rs of the Member on unfortunate death of such Member during service, which shall not be refundable;

3. CHAIRPRSON

The designation of the “District & Sessions Judge” shall by virtue of his / her office, shall be the Chairperson of the Fund;

4. SECRETARY

The designation of the “Superintendent, District & Sessions Court, Mirpurkhas” by virtue of his / her office, shall be the Secretary to the Fund;

5. ACCOUNTANT

The Accountant of the District & Sessions Court, Mirpurkhas shall be the Accountant of the fund or other person among the Members so approved and assigned with such duty by the Welfare Committee;

6. FUNCTIONS

1. The Function (s) of the “Welfare Committee” shall be to;

i) determine the issue (s) relating to the Urgent need (s) and to determine the quantum of financial aid for such purpose;

ii) approve the quantum of financial aid for matter (s) falling within meaning of Section-2(iv)(5);

Provided that such Financial Assistance or Financial Aid shall not exceed the available limit of Fund.

iii) determine the quantum of installment (s) for return of such financial assistance;

iv)determine the measure (s) against the member, committed default in repayment of the financial assistance, which may include deduction of default amount from his / her salary in monthly installments, as decided by the Welfare Committee ;

v) accept the donation, if offered by any of the members in addition to his/her regular liability or from any person other than the member.

Provided that donation shall not be against the object of Judicial Welfare Fund or against the law, for the time being in force.

vi) terminate the membership of any of the member (s) on the grounds that his/her conduct is adversely affecting the reputation or dignity of the Fund or that, he/she contravenes any of the provisions of the Fund.

Provided further that a member whose suspension/expulsion is being discussed shall have the right to address the meeting at which his/her suspension/expulsion is to be considered;

vii) reinstate a member, whose membership is terminated on ground of default, on payment of the total amount of subscription outstanding against him;

7. CHAIRPERSON.

The function (s) of Chairperson shall be to ;

determine questions concerning the interpretation of these By-laws or any matters not provided for therein, errors and omissions shall be referred to the Chairman, whose decision(s) thereon shall be final and conclusive.

determine “investment of the fund (s) of the Fund in any of the scheme (s) or project for betterment and welfare of the Judicial staff with approval of Welfare Committee, if recommended or moved by majority of the members OR as the case may be;

operate Bank account of the Fund as being joint signatory;

decide finally requests of member (s) for Financial Assistance or Financial Aid, if there is disagreement in Welfare Committee;

take any step in matter of urgency in absence of Member(s) of the Welfare Committee, as the case may be;

8. SECRETARY

The function (s) of Secretary shall be to;

maintain the register of membership of the Fund.

collect and receive the request (s) of the Members for “Urgent need”;

approach the Chairperson for purpose of conduct of meeting of the Welfare Committee for purpose of “Financial Aid”

approach the Chairperson for purpose of conduct of meeting of the Welfare Committee on receipt of requests for “urgent need”;

place such request (s) before the Welfare Committee;

manage monthly meeting of the Welfare Committee;

communicate the decision (s) of the Welfare Committee to the Member (s) / applicant (s) about their request for urgent need (s);

communicate the terms and conditions of the return of the financial aid;

sign the cheque, being joint account holder, and to present the same before Chairperson for his signature;

9. ACCOUNTANT

The functions of the Accountant shall be to;

ensure collection of the membership fee & monthly fees;

deposit the amount, paid by the members, in the Bank account of the Fund;

deposit the amount, if generated by the donation, in the bank account of the Fund;

maintain a record of the amount of the fund and to place the same in the meeting of Welfare Committee;

prepare periodical account statement of Fund;

render the account (s) of the Fund before the Welfare Committee or before any other person, so assigned by Welfare Committee, with the duties of auditing the account of the Fund;

10. MEMBER

As there is a total strength of 134 regular employees for Judicial District Mirpurkhas, therefore, at the occasion of establishing of the Fund, every single member (both falling in clerical and non-clerical staff) shall render an amount of Rs.500/- as membership fee, which will enable the Fund to immediately meet its purpose and objective.

The member (s), falling with meaning of clerical staff shall deposit a monthly fee of Rs.300/- with Accountant of the Fund which shall be refundable on the termination, retirement or death of the member; the monthly fee shall be subject to variation if and when approved by the Welfare Committee;

The member (s), falling with meaning of Non-clerical staff shall deposit a monthly fee of Rs.200/- with Accountant of the Fund which shall be refundable on the termination, retirement or death of the member; the monthly fee shall be subject to variation if and when approved by the Welfare Committee;

11. MEMBERSHIP:

(a) Joining the Fund:

(i). All the regular employees of the Judicial District Mirpurkhas, by virtue of their regular services in Judicial District Mirpurkhas, shall compulsory be liable for membership of the Fund subject to payment of membership fee of Rs.500/- which shall be non-refundable.

(ii). In ordinary course the membership shall come to an end in the event of retirement or death of the member or on his transfer from the Judicial District Mirpurkhas to any other Judicial District;

iii). Any person who resigns, dies or retires from membership shall be entitled to refund of his/her subscriptions i.e deposited monthly fee only;

iv)Any member who falls in arrears with his/her monthly subscription for more than six months shall automatically cease to be a member of the Fund and his/her name shall be struck off-the register of members.

12. UTILIZATION OF “FUNDS”

The amount of the Fund shall only be used for the following purposes:

(i) Financial assistance, extended to the Members in the matter of “urgent need”;

(ii) Financial aid to the family of the Member in event of death of any of the members;

iii) Investment in any of the scheme (s), so approved by the Welfare Committee, for welfare and betterment of the member( s ) of judicial staff which shall be subject to a recommendation by majority of the Members OR as the case may be;

iv) No payment shall be taken out of the bank account without approval of the Welfare Committee;

13. POWER TO AMEND THE RULES.

The “Welfare Committee’, may amend, add, modify or omit any of the rule (s) of the Fund which shall be subject to a majority of the members but same shall, in no case, be in violation of the objective (s) of the Fund;

14. SAVING.

Since the Judicial Welfare Fund is being established on the self-help basis, therefore, nothing contained in the Rules of the Fund shall affect the legal obligation (s), duties and entitlement of the members within meaning of their status as “Civil Servant”. The rules shall be read and interpreted in add of any other Rules and Laws which regulate and govern the affairs of benefits, rights, claims and obligations of service affairs and shall not, at any time, be read or interpreted to harm such service benefits and claims.

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