Pakistan (Punjab) Legislation

THE PUNJAB INSTITUTE OF LANGUAGE, ART AND CULTURE ACT 2004

(Act XXI of 2004)

Section Heading

1. Short title, extent and commencement.

2. Definitions.

3. Establishment of the Institute.

4. Objectives of the Institute.

5. Board of Governors.

6. Functions of the Board.

7. Executive Committee.

8. Powers and functions of the Executive Committee.

9. Director General.

10. Headquarters.

11. The Fund.

12. Maintenance of Accounts.

13. Recruitment.

14. Protection of Action taken under this Act.

15. Power to make Rules.

16. Regulations.

17. Dissolution and Savings.

^[1]THE PUNJAB INSTITUTE OF LANGUAGE, ART AND CULTURE ACT 2004

(Act XXI of 2004)

[30 September 2004]

An Act to provide for the establishment of the

Punjab Institute of Language, Art and Culture.

Preamble.- Whereas it is expedient to provide for the establishment of the Punjab Institute of Language, Art and Culture for the patronage, promotion and development of language, art and culture in the Punjab and 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 Institute of Language, Art and Culture Act 2004.

(2) It extends to the whole of the Punjab.

(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 of the Institute constituted under section 5;

(b) "Chairman" means the Chairman of the Board;

(c) "Director General" means the Director General of the Institute;

(d) "Executive Committee" means the Executive Committee of the Institute;

(e) "Government" means the Government of the Punjab;

(f) "Institute" means the Punjab Institute of Language, Art and Culture established under section 3; and

(g) "prescribed" means prescribed by rules made under this Act.

3. Establishment of the Institute.- (1) As soon as may be after the commencement of this Act, the Government may, by notification in the official Gazette, establish an Institute to be called the Punjab Institute of Language, Art and Culture.

(2) The Institute shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall sue and be sued, by the said name.

4. Objectives of the Institute.- The Institute shall be responsible for the promotion and development of the Punjabi language, art and culture, and shall-

(a) advise the Government on all matters of policy relating to promotion of the Punjabi language, art and culture;

(b) facilitate and patronise research activities and programmes regarding the Punjabi language, literature, art and culture representing various regions of the Punjab;

(c) collect, preserve and arrange books of classical and modern Punjabi literature and set up a reference library with modern facilities and provisions for the common users and research scholars;

(d) promote art and crafts of the people of the Punjab;

(e) project the Punjab, its people, culture and folklore on national and international forums in their true perspective;

(f) preserve the folk-arts, folk-culture, folk-crafts and folk-songs in their purest and simplest form;

(g) publish and print books, journals and literature relating to the Punjabi language, art and culture;

(h) facilitate the translation of best books of Urdu and English languages and literature of other languages in the Punjabi language;

(i) encourage culture of tolerance, peace and love as preached by the great sufi-poets of the Punjab;

(j) promote love and brotherhood among the people of various Provinces of Pakistan and integrate regional diversities with national unity through art and literature;

(k) enrich Punjabi language enabling it to absorb the advancements in Science and Technology, and progress of modern society;

(l) prepare or cause to prepare dictionaries and encyclopedia in the Punjabi language;

(m) enable the Punjabi language to serve as a rich source for broadening the scope, usages and dimensions of the Urdu language;

(n) interact with cultural and literary institutions, organizations, and libraries in the Punjab and other Provinces of Pakistan engaged in the promotion of language and culture;

(o) arrange surveys and make recommendations for the preservation of archaeological sites, historical monuments and religious shrines relating to various periods of the history of the Punjab;

(p) interact and collaborate with various institutions, established all over the world, with a view to promoting Punjabi language, art and culture;

(q) use and develop spoken and written word of all forms of the Punjabi language and to preserve or reform their folkways and customs;

(r) expand the role of intellectuals of the Punjab;

(s) facilitate equal opportunities to women for all cultural undertakings;

(t) provide financial, material and technical assistance for cultural development;

(u) establish linkages with districts, tehsils and union councils for the promotion of language, art and cultural affairs;

(v) establish linkages with educational institutions for promotion of the Punjabi language, art and culture;

(w) develop a model cultural village; and

(x) undertake cultural projects and programmes with foreign collaboration.

5. Board of Governors.- (1) The management, overall control and supervision of the affairs of the Institute shall vest in a Board of Governors consisting of the following members, namely:-

(a) Chief Minister, Punjab; Chairman

(b) Minister for Culture and Youth Affairs, Punjab; Member

(c) three Members of the Provincial Assembly Members

of the Punjab, two from the Treasury 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;

(d) Secretary to Government of the Punjab, Member

Information, Culture and Youth Affairs Department;

(e) Secretary to Government of the Punjab, Member

Finance Department;

(f) Secretary to Government of the Punjab, Member

Education Department;

(g) Director General of the Institute; Member/

Secretary

(h) Executive Director, Punjab Council of the Arts; Member

(i) Executive Director, Lahore Arts Council; Member

(j) Chairman, Department of Punjabi Language and Member

Literature, University of the Punjab, Lahore;

(k) Head of Department of Saraiki, Islamia University, Member

Bahawalpur; and

(l) five non-official members ^[2][including at least two Members

women] to be nominated by the Chairman.

(2) The members of the Board, other than the ex-officio members, shall hold office for a term of two years and shall be eligible for re-nomination.

(3) A member of the Board, other than the ex-officio member, may by writing under his hand addressed to the Government, resign his office.

(4) Any casual vacancy in the office of a member of the Board shall be filled by a person nominated by the Government and the person so nominated shall hold office for the un-expired period of the term of his predecessor.

(5) Notwithstanding anything contained in sub-section (2), the non-official members shall hold office during the pleasure of the Government and may be removed without assigning any reason.

(6) The Board shall meet at least once in three months.

(7) The Chairman shall preside all meetings of the Board and in his absence a member selected by the majority of members shall preside the meeting.

6. Functions of the Board.- The Board shall perform all functions and exercise all powers necessary for carrying out the objectives of the Institute and may delegate any of its powers to the Executive Committee or Director General.

7. Executive Committee.- There shall be an Executive Committee comprising the following members:-

(a) Director General (Convener);

(b) two members of the Provincial Assembly of the Punjab to be nominated by the Chairman on the recommendation of the Speaker, Provincial Assembly of the Punjab;

(c) Additional Secretary, Government of the Punjab, Information, Culture and Youth Affairs Department;

(d) Additional Secretary, Government of the Punjab, Education Department;

(e) Additional Secretary, Government of the Punjab, Finance Department;

(f) Executive Director, Punjab Council of the Arts; and

(g) Executive Director, Lahore Arts Council.

8. Powers and functions of the Executive Committee.- (1) The Executive Committee shall exercise such administrative, executive and financial powers as may be delegated to it by the Board.

(2) The Executive Committee shall have power to incur all expenditure out of the funds of the Institute for conducting its business in accordance with the objectives of the Institute.

(3) Where the Board has not been constituted under section 5, all affairs of the Institute shall be conducted by the Executive Committee.

9. Director General.- (1) There shall be a Director General who shall be appointed by the Government on such terms and conditions as it may determine.

(2) The Director General shall be the Chief Executive of the Institute and shall be responsible to the Board for carrying out the objectives of the Institute.

(3) The Director General shall also act as Secretary to the Board and Convener of the Executive Committee.

(4) The Director General, if he is not a Government employee, may resign his office by writing under his hand addressed to the Government.

10. Headquarters.- The Headquarters of the Institute shall be at Lahore.

11. The Fund.- (1) There shall be established a fund to be known as the Punjab Institute of Language, Art and Culture Fund which shall vest in the Institute and shall be utilized by the Institute to meet charges related to the performance of its objectives under this Act including the payment of salaries and other remunerations to the Director General and employees of the Institute.

(2) The Fund shall consist of -

(i) grants made by the Federal Government;

(ii) grants made by the Provincial Government;

(iii) contributions and donations made by individuals, local bodies, corporations, institutions, organizations and agencies;

(iv) income derived from the activities of the Institute; and

(v) any other source approved by the Board.

12. Maintenance of Accounts.- (1) The accounts of the Institute shall be maintained in such form and manner as may be prescribed.

(2) The accounts of the Institute shall be audited every year in such manner as may be prescribed.

13. Recruitment.- (1) The Institute may, from time to time, recruit such employees as it may consider necessary for the performance of its functions.

(2) The Institute shall make regulations for the appointment of its employees and the terms and conditions of their service.

(3) Until the regulations are made under sub-section (2), the existing Government rules and regulations on the subject shall be applicable.

14. Protection of action taken under this Act.- No suit, prosecution or other legal proceeding shall be instituted or entertained against any employee of the Institute or any person, acting or purporting to act under this Act or the rules and regulations, in good faith, in furtherance of the objectives of the Institute.

15. Power to make Rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

16. Regulations.- The Institute may make regulations not inconsistent with this Act and the rules made thereunder.

17. Dissolution and Savings.- (1) Notwithstanding anything contained in the Societies Registration Act (Act XXI of 1860), upon the commencement of this Act, the Institute of the Punjabi Language and Culture established as a society on 15^th January, 2004 under the aforesaid Act, shall stand dissolved and all its assets and liabilities shall stand transferred to the Institute established under this Act.

(2) Notwithstanding the dissolution of the society, anything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceedings commenced, persons appointed or authorized, rules made and order or notification issued under any of the provisions of the Memorandum of Association of the said society, if not inconsistent with the provisions of this Act, shall be deemed to have been respectively done, taken, incurred, commenced, appointed, authorized, made and issued under this Act.