THE BENAZIR INCOME SUPPORT PROGRAM ACT, 2010

The Benazir Income Support Program (BISP) Act of 2010 is a significant piece of legislation in Pakistan that established the Benazir Income Support Program. Named after former Prime Minister Benazir Bhutto, the program aims to provide financial assistance and support to vulnerable and low-income households across the country. The BISP Act outlines the objectives, functions, and legal framework for the implementation of this social safety net program.

SECTIONS:

Short title, extent and commencement.
Definitions.
Establishment of the Programme.
Objective and Purposes of the Programme.
Governance of the programme.
Powers and functions of the Board.
Powers and functions of the Chairperson.
Establishment of the Council.
Powers and functions of the council.
Powers and functions of Management.
Eligible persons or families for financial assistance.
Disbursement Procedure.
Fund.
Budget of the Programme.
Maintenance of Accounts and internal control.
Audit.
Annual report.
Employees of the Programme.
Public servants.
Indemnity.
Redressal of grievance.
Act not to prejudice other laws.
Power to make regulations.
Validity of proceedings.
Removal of difficulties.

Page 1 of 10

THE BENAZIR INCOME SUPPORT PROGRAMME ACT, 2010

ACT No. 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 wellbeing 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 programs, 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

PRELIMINARY

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.

Definitions.__n this Act, 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;

Page 2 of 10

(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

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 setup outside the country shall be made with the approval of the Council.

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

groups.

Page 3 of 10

CHAPTER III

GOVERNANCE OF THE PROGRAMME

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, nongovernmental

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 nongovernmental 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.

Power’s 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;

Page 4 of 10

(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.

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..

(6) The Chairperson shall have the power to enter into any agreement, contract, understanding

with any international organization or institution or donor agency or counterpart entity, on the advice

of the Council and approval of the Board.

(7) The Chairperson shall assist the Council in publicizing the Programme as well as raising funds.

CHAPTER IV

ESTABLISHMENT OF THE COUNCIL

Establishment of the Council.___There shall be a Council of the Programme with the

President of Pakistan as its Chief Patron and the Prime Minister as its Executive Patron. The Council

shall comprise highly reputable, distinguished and well accomplished national and international

individuals who shall be appointed by the Chief Patron on the advice of the Executive Patron. The

Chairperson shall be the ex officio Member of the Council.

Powers and functions of the Council.___

(l) The powers and functions of the Council shall

___

Page 5 of 10

(a) to mobilize financial resources for the Programme; and

(b) to advise the Board on the following matters, namely:___

(i) policies on poverty reduction;

(ii) enhancement of the Programme;

(iii) reach out to the donors through the Chairperson of the Programme; and

(iv) the Boards affairs and performance of its functions.

(2) The Council shall meet at least once in a year.

_________

CHAPTER V

POWERS AND FUNCTIONS OF MANAGEMENT

Powers and functions of Management.___The Management shall exercise powers and

perform functions that are necessary to achieve the objects and purposes of this Act, namely:___

(a) to execute the policies and plans approved by the Board;

(b) to adopt modern and effective processing and distribution mechanism without any

intermediaries so that the financial assistance or funds are provided to eligible persons

and families;

(d) to determine terms and conditions of the employees and grant additional allowances or

any other incentives to them by making regulations to that effect;

(e) to take appropriate measures for effective administration, monitoring and evaluation of

the Programme;

(f) to engage any person or entity on contract basis to carry out assignments or for the

consultancy in accordance with the regulations;

(g) to establish administrative structures at the field level for the efficient implementation and

accessibility of the Programme;

(h) to implement mechanisms and processes that facilitate the removal of grievances and

complaints related to the Programme’s operations as provided in the regulations; and

(i) submit quarterly progress reports to the Board on the financial and operational aspects of

the Programme.

Page 6 of 10

CHAPTER VI

ELIGIBILITY FOR PROGRAMME BENEFITS AND ITS DISBURSEMENT

Eligible persons or families for financial assistance.__ The Board shall determine, from

time to time, criteria for eligibility of persons and families for financial assistance from the

Programme.

Disbursement procedure.___Funds of the Programme shall be disbursed to eligible persons

and families in a manner approved by the Board and prescribed in the regulations.

_________

CHAPTER VII

FUND, ACCOUNTS AND AUDIT

Fund.___

(1) There shall be established a fund known as Benazir Income Support Fund.

(2) The Fund shall consist of___

(a) revolving funds or budget amount approved by the Federal Government;

(b) grants made by the local, domestic or international bodies, organizations, entities and the

Government;

(d) donations made by the individuals or association of persons; and

(e) all other sums as may be received by the Programme.

(3) The Fund shall be administered in such manner as may be prescribed by the regulations.

(4) Notwithstanding anything contained in any other law for the time being in force, donations

and grants received by the Programme shall be exempt from all taxes.

Budget of the Programme.___

(1) The Secretary shall, in respect of each financial year, in

accordance with the financial procedures approved by the Board, prepare the annual budget

estimates of the Programme and submit the same to the Board for approval.

(2) The Secretary shall have full powers to incur expenditure or reappropriate funds, subject to

any general or specific instructions of the Board.

Maintenance of Accounts and internal control.___

(1) The Programme shall maintain

complete and accurate books of accounts in connection with the discharge of its responsibilities as

may be prescribed by the Auditor General of Pakistan.

(2) The internal audit of the Programme shall be carried through an independent

Page 7 of 10

internal audit officer who shall report directly to the Board. The internal audit reports shall be

presented to the Board for comments and follow up on the remedial actions.

Audit.__

(1) The accounts of the Programme shall be audited every year by the AuditorGeneral of Pakistan in such manner as may be prescribed.

(2) A copy of the audit report, submitted to the President, shall be sent to the Board for

information and remedial actions, if any, and to the Council as well as the Federal Government for

information.

Annual report.__ The Board shall approve the Programme’s annual report which will be laid

before the Council and the Parliament.

_________

CHAPTER VIII

EMPLOYEES OF THE PROGRAMME

Employees of the Programme.__ The Management may, for the purposes of efficient

performance of its functions or exercise of its powers, appoint such employees as it may consider

necessary on such terms and conditions as may be laid down under the regulations:

Provided that until such regulations are made to determine pay, pension and allowances as

otherwise in vogue in the Federal Government applicable to civil servants, the terms and conditions

applicable to the employees immediately before the commencement of this Act shall continue to

apply in accordance with such directions as the Federal Government may, in case of its employees,

issue from time to time.

Public servants.___The employees of the Programme shall be deemed to be public servants

within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

Indemnity.___No prosecution, suit or other legal proceedings shall lie against the Council,

Board, the Chairperson, Members, officers and other employees of the Programme for anything done

in good faith for carrying out the purposes of this Act or regulations or orders made or issued there

under.

_______

CHAPTER IX

MISCELLANEOUS

Redressal of grievance.___

(1) Any person or family aggrieved by a decision against the

eligibility may, within thirty days of the decision, file a representation in the form and to the authority

as may be prescribed by the regulations.

(2) The representation made under subsection (1) shall be examined for determining eligibility

for financial assistance under the Programme in accordance with the manuals approved by the Board.

Page 8 of 10

Act not to prejudice other laws.__ The provisions of this Act shall be in addition to and not

in derogation of any other law for the time being in force and the rules made thereunder.

Power to make regulations.__

(1) The Board may make regulations in order to carry out the

purposes of this Act.

(2) Without prejudice to the provision of subsection (1) the regulations shall provide, inter

alia financial assistance, payment schedule, grievance redressal, social audits and operation of

complementary graduation Programmes.

Validity of proceedings.__

(1) All acts, proceedings, decisions of orders of the Board so

constituted or reconstituted prior to the promulgation or repromulgation, as the case may be, of the

Benazir Income Support Programme Ordinance, 2009 (XIX of 2009) and the Benazir Income Support

Programme Ordinance, 2009 (LXI of 2009), shall, in so far as not inconsistent with the provisions of

the said Ordinance or hereunder, be deemed to have been validly made, taken or done in the exercise

of its powers or in pursuance thereof, or purported to have been made, taken or done by the

Management or an officer so authorized there under.

(2) No act, proceeding, decision or order of the Board shall be invalid by reasons only of the

existence of a vacancy.

Removal of Difficulties.__

If any difficulty arises in giving effect to the provisions of this Act,

the Federal Government may make such order, not inconsistent with provisions of this Act, as is

necessary or expedient to remove such difficulty.

Need more information

Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions.

AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site.
Personalized Assistance: For more specific queries or legal representation, reach out to us:
- Call: 0092 308 5510031
- WhatsApp: 0092 308 5510031
Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly

Error: Contact form not found.