THE
(Ordinance
LXIII of 2002)
C O N T E N T S
Section Heading
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
(Ordinance 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 [5][including
at least four women] and six
ex-officio members. Non-official members shall be appointed by the [6][Chief
Minister] for a term of three years, reckoned from the date of appointment,
from [7][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. [8][* *
*]. [9][* * *
* *]
(2) The
[10][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 Punjab,
(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 [11][Chief
Minister] from amongst the non-official members.
(5) The
Chairperson and the members shall hold office during the pleasure of the [12][Chief
Minister].
(6) A
non-official member may by writing under his hand addressed to the [13][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 [14][Chief
Minister] through Secretary Information, Culture and Youth Affairs Department,
resign his office. On acceptance of the resignation, the [15][Chief
Minister] shall nominate a new Chairperson from amongst the members.
(8) A
non-official member may be removed by the [16][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 [17][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]Substituted for the word
“Governor” by the Lahore Arts Council (First Amendment) Act, 2003 (VI of 2003).
[4]Ibid.
[5]Inserted by the
[6]Substituted
for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003
(VI of 2003).
[7]Substituted for the words “a
panel of twenty four individuals” by the Lahore Arts Council (Amendment)
Ordinance, 2002 (LXXIII of 2002). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[8]The words “The panel shall be
put up by the Department” deleted by the Lahore Arts Council (Amendment)
Ordinance, 2002 (LXXIII of 2002). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[9]The expression
“No non-official
member shall be appointed for two consecutive terms.” omitted by the Lahore Arts
Council (Amendment) Act 2015 (XXI of 2015).
[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]Ibid.
[16]Ibid.
[17]Substituted
for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003
(VI of 2003).