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THE
(Pb
Ord LXIII of 2002)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Incorporation.
4. Territorial jurisdiction of the Council.
5. Functions of the Council.
6. Funds.
7. Endowment Fund Trust.
8. Board of Governors.
9. Functions of the Board.
10. Meetings of the Board.
11. Absence of members from Board meetings.
12. Honorary capacity of the Board members.
13. Curtailment of the tenure of Board.
14. Committees of the Board.
15. Executive Director.
16. Accounts.
17. Application of Government rules.
18. Power to make rules.
19. Power to make regulations.
20. Ordinance to override other laws.
21. Savings.
[1]THE
(Pb Ord LXIII of 2002)
[
An Ordinance to
provide for the management of the
Preamble.− Whereas it is expedient to
provide for a governing statute for the better management of the Lahore Arts
Council and for matters connected
therewith and incidental thereto;
And whereas the Provincial Assembly of
the
And whereas under Article 4 of the
Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the
Chief Executive Order No.11 of
2000, the Governor of a Province may issue and
promulgate an Ordinance;
Now, therefore, in exercise of the
aforesaid powers and all other powers enabling him in that behalf, the Governor
of the Punjab is pleased to make
and promulgate the following Ordinance:-
1. Short title and commencement.− (1) This
Ordinance may be called the Lahore Arts Council Ordinance, 2002.
(2) It
shall come into force at once.
2. Definitions.− In this
Ordinance, unless the subject or context otherwise requires, the following
expressions shall have the meanings hereby respectively
assigned to them, that
is to say−
(a) “Board” means the Board of Governors of the
Lahore Arts Council constituted under section 8;
(b) “Chairperson” means
the Chairperson of the Board and includes a person deputed by the
[2][Chief Minister] to perform the functions of the Chairperson when the
Board is not in existence;
(c) “Committee” means a committee constituted by
the Board for the examination of a matter referred to it and for the
formulation of proposals
or recommendations thereon;
(d) “Convenor” means a Convenor of the Committee constituted by the Board;
(e) “Council” means the Lahore Arts Council;
(f) “Department” means Information, Culture and
Youth Affairs Department;
(g) “Endowment Fund” means the Endowment Fund established
by the Council;
(h) “Executive Director” means the Executive
Director of the Council; and
(i) “[3][Chief Minister]” means the
[4][Chief Minister]of the
3. Incorporation.− (1) The Council
shall be incorporated in accordance with the provisions of this Ordinance.
(2) The
Council shall be a body corporate having perpetual succession and a common seal
with power to acquire, hold and dispose of movable
and immovable property and
may sue and be sued by the said name.
4. Territorial jurisdiction of the Council.− (1) Subject to
the provisions of this Ordinance, the area of jurisdiction of the Council shall
be the territorial area comprising
the defunct Lahore Division.
(2) The
Council shall have its headquarters located at
5. Functions of the Council.− The Council
shall -
(a) develop and maintain facilities for all forms
of art including performing arts;
(b) provide facilities for art education and
organize workshops, seminars, etc.;
(c) undertake its own productions or solicit
Government or market support through sponsorship;
(d) institute and confer or, as the case may be,
award fellow-ships, scholarships, certificates, degrees, diplomas, medals,
grants, prizes,
gifts, aids, loans, advances and monetary or other benefits to
individuals or groups engaged in the promotion, study or research
of various
art forms;
(e) organize art or cultural fairs, festivals and
other programmes, cultural ensembles and exhibitions,
etc., within country and abroad, on its own or in collaboration with local and
foreign bodies;
(f) print, publish, issue books, periodicals and
publications relating to art and culture;
(g) document performers in various art forms and
organizations engaged in artistic activities;
(h) establish museums of musical instruments,
sculptures, Alhamra archives, folk-heritage,
galleries, libraries including audio-visual library; and
(i) implement the
provisions of the Dramatic Performances Act, 1876 (XIX of 1876), or any other
law in force relating to dramatic performances
and musical programmes.
6. Funds.− The funds of
the Council shall comprise -
(i) grants from the Federal Government or
Provincial Government;
(ii) contributions and donations from individuals,
local governments, corporations and other bodies;
(iii) income generated from various activities of
the Council like classes, rental charges of facilities, fees of consultancies
and services,
etc.;
(iv) sale proceeds of Council products; and
(v) any other source approved by the Board.
7. Endowment Fund
Trust.− The Council shall create from its own
sources a trust to be known as the Endowment Fund Trust. The Board shall
authorize expenditure
out of the capital whereas profit from investments shall
be transferred to the annual income of the Council.
8. Board of Governors.− (1) The
management, overall control and supervision of the affairs of the Council shall
vest in a Board of Governors consisting of
twelve non official members and six
ex-officio members. Non-official members shall be appointed by the
[5][Chief Minister] for a term of three years, reckoned from the
date of appointment, from
[6][amongst those]
who have some accomplishment in the field of art or are otherwise of an
artistic disposition and interested in the
promotion of art and culture.
[7][* * *]. No
non-official member shall be appointed for two consecutive terms.
(2) The
[8][Chief Minister] shall be Patron of the Council;
(3) The
following shall be ex-officio members of the Board:-
(i) Secretary to
Government of the
(ii) Secretary to Government of the
(iii) District Coordination Officer,
(iv) General Manager, Pakistan Television Corporation,
(v) Head of the Fine Arts Department, University
of the
(vi) Executive Director, Lahore Arts Council who
shall also be the Secretary of the Board.
(4) The
Chairperson of the Board shall be nominated by the
[9][Chief Minister]from amongst the non-official members.
(5) The
Chairperson and the members shall hold office during the pleasure of the
[10][Chief Minister].
(6) A
non-official member may by writing under his hand addressed to the
[11][Chief Minister], resign his office. The case to fill this
vacancy for the remaining tenure shall be initiated by the Department in
accordance with
sub section (1).
(7) The Chairperson may by writing under his hand
addressed to the
[12][Chief Minister] through Secretary
Information, Culture and Youth Affairs Department, resign his office. On
acceptance of the resignation, the
[13][Chief Minister] shall nominate a new
Chairperson from amongst the members.
(8) A
non-official member may be removed by the
[14][Chief Minister] if his conduct is prejudicial to the interests
of the Council or who is guilty of grave misconduct, and a member so removed
shall
not be reappointed.
9. Functions of the Board.− The Board shall−
(a) act as a resource and provide vision in the
light of the chartered functions of the Council leaving the routine work to the
functionaries
of the Council;
(b) formulate policies to promote art and culture
;
(c) approve budget of the Council ;
(d) approve development schemes for the Council ;
(e) frame rules for
various aspects of management of the Council such as contributory provident
fund, recruitment, promotion, etc.;
(f) create, abolish, upgrade, relegate or
re-designate posts in any grade; and
(g) approve financial and other cases not within
the competence of the Executive Director or, as the case may be, Chairperson.
10. Meetings of the Board.− (1) The Board
shall meet once in three months.
(2) The
Chairperson shall preside over all meetings of the Board and, in his absence, a
non-official member elected by a majority of the
present members shall
preside-over the meeting.
11. Absence of members from Board meetings.− A non-official
member shall cease to be a member of the Board if he does not attend three
consecutive meetings of the Board unless
his absence is intimated to the
Chairperson before the meeting and is condoned in writing by him on the basis
of grounds of absence
being satisfactory.
12. Honorary capacity of the Board members.− The Chairperson
and all members shall work in an honorary capacity and shall not be paid any
remuneration. The Chairperson shall be
provided an office with staff and one
telephone for official use by the Council. Normal expenses for the running of
his office shall
be met by the Council.
13. Curtailment of the tenure of Board.− In case the
[15][Chief Minister] is of the view that the Board is functioning in
a manner which is prejudicial to the smooth functioning of the Council, he may
curtail
the tenure of the Board and make such arrangement as deemed appropriate
to manage the Council.
14. Committees of
the Board.− The Board may constitute Committees to
which the Board may refer various matters for examination and formulation of
recommendations
for consideration by the Board. The convenor
of a Committee may, with the permission of the Board, co-opt any person whose
contribution is required in such matters. The Executive
Director shall attach
an officer of the Council with each Committee.
15. Executive Director.− The Executive
Director shall -
(a) be the Chief Executive of the Council and
shall be appointed by Government ordinarily for a period of three years which
period may
be extended by Government if deemed appropriate;
(b) act as Secretary to the Board and shall
maintain record of its proceedings; and
(c) act as Senior Purchase Officer for procurement
of stores in terms of the Purchase Manual.
16. Accounts.− (1) The
accounts of the Council shall be jointly operated by the Executive Director and
an Accounts Officer appointed by the Department
on the recommendation of
Finance Department.
(2) The
accounts of the Council shall be audited as may be prescribed.
17. Application of
Government rules.− Pending framing of rules
relating to various matters such as recruitment, promotion, discipline, etc.,
Government rules on the subject
shall be applicable to the Council.
18. Power to make rules.− Government may
make rules to carry out the purposes of this Ordinance.
19. Power to make regulations.− The Council may
make such regulations as it may deem necessary for carrying the provisions of
this Ordinance into effect.
20. Ordinance to override other laws.− This Ordinance
shall have overriding effect and its provisions shall apply notwithstanding
anything contained in any other law for
the time being in force.
21. Savings.− All acts done, powers exercised and expenditure incurred before the
promulgation of this Ordinance under the Lahore Arts Council Regulations,
2000
framed under Chapter IV of the Punjab Council of the Arts Regulations, 1982
shall, if not inconsistent with the provisions of
this Ordinance and the rules
or regulations made thereunder, be deemed to have
been done, exercised or incurred under this Ordinance.
[1]Promulgated by the Governor
of the
[2]Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003).
[3]ibid.
[4]ibid.
[5]Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003).
[6]Substituted for the words “a panel of twenty four
individuals” by the Lahore Arts Council (Amendment) Ordinance, 2002 (LXXIII of
2002),
which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[7]The words “the panel shall be
put up by the Department” deleted ibid.
[8]Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003).
[9]ibid.
[10]Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003).
[11]ibid.
[12]ibid.
[13]ibid.
[14]ibid.
[15]Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003).
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