PUNJAB HERITAGE FOUNDATION ACT 2005

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THE PUNJAB HERITAGE FOUNDATION ACT 2005 
(I of 2005) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Establishment of the Foundation 
4. Purpose of the Foundation 
5. Punjab Heritage Fund 
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 
TEXT 
1
THE PUNJAB HERITAGE FOUNDATION ACT 2005 
(I of 2005) 
[25th January, 2005] 
An 
Act 
to establish the Punjab Heritage Foundation in the Province of the Punjab. 
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 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 constituted under section 6 of 
this Act; 
(b) “Chief Minister” means the Chief Minister of the Punjab; 
(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 Punjab; 
(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; 
                                                 
1This 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. 
(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 p reservation, 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. Punjab Heritage  Fund.– (1) There shall be a f und of the Foundation to be 
known as the Punjab Heritage Fund. 
 (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 ma nagement, 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, Punjab; 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 
Members 
be nominated by the Leader of the 
Opposition; provided that at least one 
member shall be a woman; 
(iv) Secretary to Government of the Punjab, 
Information, Culture and Youth Affairs 
Department; 
Treasurer/ 
Secretary/Member 
(v) Secretary to Government of the Punjab, 
Finance Department; 
Member 
(vi) Secretary to Government of the Punjab, 
Local Government  and Rural 
Development Department; 
Member 
(vii) Secretary to Government of the Punjab, 
Religious Affairs and Auqaf Department; 
Member 
(viii) Director General, Archaeology, Punjab Member 
(ix) Director, Lahore Museum; and Member 
(x) Five non -official mem bers 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 p reservation 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 techni cal 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 Committe e 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, Punjab; Convener/Member 
(b) Secretary to Government of the Punjab, 
Information, Culture and Youth Affairs 
Department; 
Deputy Convener/ 
Member 
(c) Secretary to Government of the Punjab, 
Tourism and Resort Development 
Department; 
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 t hat 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 m easure 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 th e 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, liabil ity 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 aga inst 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.