THE
(Pb. Act I of 2005)
C O N T E N T S
Sections
1. Short
title and commencement.
2. Definitions.
3. Establishment
of the Foundation.
4. Purpose
of the Foundation.
5.
6. Board
of Governors.
7. Powers
and Functions of the Board.
8. Executive
Committee.
9. Tajdeed-e-Lahore Committee.
10. Criteria
for expenditure from the Fund.
11. Panel
of experts.
12. Audit of accounts.
13. Restriction
on alteration, etc.
14. Recovery
of amounts.
15. Public
servants.
16. Rules.
17. Regulations.
18. Repeal and savings.
[1]THE
(Pb. Act I of 2005)
[
An Act to
establish the
Preamble. Whereas
it is expedient to establish the Punjab Heritage Foundation in the Province of
the Punjab in order to conserve, maintain, rehabilitate and develop the Punjab
Heritage and make provisions for matters connected therewith or incidental
thereto;
It is hereby enacted as follows:-
1. Short title, extent and
commencement. (1) This Act may be called the Punjab Heritage Foundation
Act 2005.
(2) It
shall extend to the whole of the Province of the
(3) It
shall come into force at once.
2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,
(a) Board means the Board of Governors constituted under
section 6 of this Act;
(b) Chief Minister means the Chief Minister of the
(c) Committee means the Executive Committee constituted under section 8
of this Act;
(d) expert means a person having a
recognized standing at national or international level in the field of
archaeology or architecture;
(e) Foundation means the Punjab Heritage
Foundation established under section 3 of this Act;
(f) Fund means the Punjab Heritage Fund
created under section 5 of this Act;
(g) Government means the Government of the
(h) local government means a local government established under
the Punjab Local Government Ordinance, 2001 (XIII of 2001);
(i) prescribed means prescribed by rules
made under this Act;
(j) project means a scheme approved by
the Board for a Punjab Heritage;
(k) Punjab Heritage means an
archaeological, architectural, historical or cultural site notified to be a Punjab
Heritage by the Government;
and
(l) site means any land, building,
structure, remains, park, garden or any other place or location and shall
include any part thereof.
3. Establishment of the Foundation. (1) As soon as may be, after the commencement of this Act,
the Government shall, by
notification in the official Gazette, establish the Punjab Heritage Foundation
to carry out the purposes of this Act.
(2) The Foundation
shall be a body corporate, with perpetual succession and a common seal, with
powers, subject to the provisions of this Act, to hold, acquire and dispose of
property, both moveable and immoveable, and may, sue and be sued by the said
name.
4. Purpose of the Foundation.The primary purpose of the Foundation shall be the preservation, conservation, maintenance
and rehabilitation of the Punjab
Heritage through various means, including technical or financial
assistance and to create awareness among the people for preservation of the Punjab Heritage.
5.
(2) The
Fund shall consist of the
following:-
(a) grants-in-aid
from the Federal Government, the Government
or a local government;
(b) voluntary
contributions in the form of aid and assistance from individuals, public or
private organizations, local, national or international agencies;
(c) income
from lease made in the prescribed
manner;
(d) sale
proceeds of such property, made in such manner, as may be prescribed;
(e) sale proceeds of tickets for entry into a Punjab Heritage; and
(f) income
from any other source.
(3) The
Fund shall be a permanent
measure and the amounts credited to the Fund
shall not lapse at the end of a financial year.
6. Board
of Governors. (1)
The management, overall control and supervision of the affairs of the Foundation, shall vest in the Board of Governors.
(2) The
Board shall consist of the
following members
|
(i) |
Chief Minister; |
Chairman |
|
(ii) |
Chief
Secretary, |
Vice Chairman |
|
(iii) |
Four
members of the Provincial Assembly of
the Punjab, three from the Treasury Benches to be nominated by the Chief
Minister and one from the Opposition to be nominated by the Leader of the
Opposition; provided that at least one member shall be a woman; |
Members |
|
(iv) |
Secretary
to Government of the |
Treasurer/ Secretary/Member |
|
(v) |
Secretary
to Government of the |
Member |
|
(vi) |
Secretary
to Government of the |
Member |
|
(vii) |
Secretary
to Government of the |
Member |
|
(viii) |
Director
General, Archaeology, |
Member |
|
(ix) |
Director,
|
Member |
|
(x) |
Five
non-official members to be nominated by the Chief Minister |
Members. |
(3) The
members of the Board, other than
ex-officio members, shall hold office for a term of two years and shall be
eligible for re-appointment.
(4) Meetings
of the Board and all other
matters ancillary to a meeting shall be conducted in the manner as may be prescribed.
(5) The members of the Board shall not be entitled to any remuneration or honorarium.
(6) No
act or proceedings of the Board
shall be invalid merely on the ground of the existence of a vacancy or a defect
in the constitution of the Board.
(7) Notwithstanding
anything contained in sub-section (3), the non-official members shall hold
office during the pleasure of the Government and may be removed without
assigning any reason.
7. Powers and Functions of the Board. Subject to the
provisions of this Act, the Board
shall perform such functions and exercise such powers as may be necessary for
carrying out the purposes of this Act, including the following:-
(a) to take steps for the improvement, proper
maintenance and utilization of the Fund;
(b) to
undertake measures for the preservation, conservation, maintenance and
rehabilitation of the Punjab Heritage;
(c) to
prepare and approve projects,
as may be deemed expedient and necessary, for the preservation conservation and
rehabilitation of the Punjab Heritage;
(d) to
authorize expenditures from the Fund;
(e) to
acquire or take on lease any site
having archeological, historical, cultural or architectural value;
(f) to solicit financial and technical assistance
for the development and preservation of the Punjab Heritage and for furtherance of academic, scientific and
intellectual discourses on the subjects relevant thereto;
(g) to
undertake promotional and cultural activities at the Punjab Heritage;
(h) to
undertake and promote research and arrange materials for publication of
periodicals, monographs, pamphlets, newspapers, books and posters in
furtherance of the objects of this Act;
(i) to frame and
approve policy about the use of the Punjab
Heritage; provided that it shall not be allowed to be used for purposes
other than the prescribed purposes;
(j) to
appoint employees of the Foundation and to determine terms and conditions of
their service;
(k) to
form committee or committees for carrying out any of these functions and any
such committee may include such persons as may be appointed by the Board; provided that the Board may, from time to time, change
the composition of any such committee;
(l) to
delegate any of its powers to the Committee,
member or members thereof or any of the committee or committees of the Board; and
(m) to
exercise such powers or perform such functions as are ancillary or incidental
to any of the above functions.
8. Executive Committee. (1) There shall be an Executive
Committee of the Foundation to
exercise the executive authority of the Foundation
in accordance with the provisions of this Act.
(2) The
Committee shall comprise the
following members:-
|
(a) |
Chief
Secretary, |
Convener/Member |
|
(b) |
Secretary to Government
of the |
Deputy Convener/ Member |
|
(c) |
Secretary to Government
of the |
Member |
|
(d) |
Director General, Archaeology, Punjab; |
Secretary/Member |
|
(e) |
District
Coordination Officer, Lahore; |
Member |
|
(f) |
Director
General, Parks and Horticulture Authority Lahore; and |
Member |
|
(g) |
such other persons, not exceeding four, at least two of
whom shall be from the panel of experts
established under section 11 of this Act, as may be appointed by the Board for a period of two years. |
Members. |
(3) Notwithstanding anything contained in
sub-section (2)(g), the non-official members of the Committee shall hold office
during the pleasure of the Board.
(4) Meetings
of the Committee and other
matters ancillary to a meeting shall be conducted in a manner as may be prescribed.
(5) The
members of the Committee shall
not be entitled to any remuneration or honorarium.
(6) The
Committee shall monitor and
execute projects approved by
the Board and shall perform
such functions as may be prescribed
or delegated to it by the Board.
(7) The
Committee may delegate or
assign any of its powers or functions to any of its members and may form
sub-committees for such purpose.
9. Tajdeed-e-Lahore
Committee. (1) There shall be a separate Committee with
functions as may be specified by the Board for preservation of cultural
heritage within the revenue limits of Lahore District.
(2) Such Committee may include persons nominated
by the Board, provided that the Board may, from time to time, change the
composition of the Committee.
10. Criteria for expenditure from the Fund. (1) Contributions, aid
or assistance, made for a particular Punjab
Heritage or for a particular purpose, shall only be utilized for that
Heritage or purpose.
(2) The
Board and the Committee, subject to this Act, shall
follow the instructions of the Government
in discharge of their functions or in exercise of their powers in respect of
utilization of the Fund.
(3) It
shall be the duty of the treasurer to keep the amounts of the Fund in the proper custody and to
utilize the amounts in accordance with the provisions of this Act.
11. Panel of experts.
The Government
may, by a notification, establish a panel of experts, and an expert
in the panel shall be competent to give advice, as and when required by the Board or the Committee, for the maintenance, conservation, preservation and
development of the Punjab Heritage
including planning and execution of a project.
12. Audit of accounts. (1) The accounts of the Foundation shall be annually audited
in the manner as may be prescribed.
(2) The
Committee shall, immediately
after its receipt, lay the audit report before the Board.
13. Restriction on alteration, etc. No
alteration or any other measure for improvement, maintenance, conservation or
preservation of the Punjab Heritage
shall be taken except in accordance with the provisions of this Act.
14. Recovery of amounts. The amount, to which the
Foundation is entitled, shall
be recoverable as arrears of land revenue.
15. Public servants. Every
member of the Board or Committee, every expert or employee exercising or purporting
to exercise any function under this Act, shall be deemed to be a public servant
within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of
1860).
16. Rules.
The Government may frame rules for carrying out the purposes
of this Act.
17. Regulations.
Subject
to the provisions of this Act and the rules
made thereunder, the Board may make regulations,
as may be necessary, to give effect to the provisions of this Act.
18. Repeal and savings. (1) The Tajdeed-e-Lahore Board Ordinance, 2002 (LXII of 2002) is hereby repealed.
(2) Notwithstanding the repeal of the Ordinance ibid,
anything done, action taken, liability incurred, rights accrued, penalty
imposed or punishment awarded, inquiry or proceeding commenced, persons
appointed or authorized, rules made and order or notification issued under any
of the provisions of the said Ordinance, suits instituted by or against the Tajdeed-e-Lahore Board, so far as they are not inconsistent
with the provisions of this Act, shall be deemed to have been respectively
done, taken, incurred, accrued, imposed, awarded, commenced, appointed,
authorized, made, issued and instituted under this Act.
(3) The Foundation shall be the successor-in-interest of the Tajdeed-e-Lahore Board and on its establishment, all the properties, assets and liabilities pertaining to the Tajdeed-e-Lahore Board shall vest in and be the properties, assets and liabilities, as the case may be, of the Foundation.
[1]This Act was passed by the
Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab
on 19 January 2005; and, was published in the Punjab Gazette (Extraordinary),
dated 25 January 2005, pages 2559-2563.