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  "title": "PUNJAB HERITAGE FOUNDATION ACT 2005",
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  "text": "THE PUNJAB HERITAGE FOUNDATION ACT 2005 \r\n(I of 2005) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the Foundation \r\n4. Purpose of the Foundation \r\n5. Punjab Heritage Fund \r\n6. Board of Governors \r\n7. Powers and Functions of the Board \r\n8. Executive Committee \r\n9. Tajdeed-e-Lahore Committee \r\n10. Criteria for expenditure from the Fund \r\n11. Panel of experts \r\n12. Audit of accounts \r\n13. Restriction on alteration, etc \r\n14. Recovery of amounts \r\n15. Public servants \r\n16. Rules \r\n17. Regulations \r\n18. Repeal and savings \r\nTEXT \r\n1\r\nTHE PUNJAB HERITAGE FOUNDATION ACT 2005 \r\n(I of 2005) \r\n[25th January, 2005] \r\nAn \r\nAct \r\nto establish the Punjab Heritage Foundation in the Province of the Punjab. \r\nPreamble.– Whereas it is expedient to establish the Punjab Heritage Foundation in the \r\nProvince of the Punjab in order to conserve, maintain, rehabilitate and develop the \r\nPunjab Heritage and make provisions for matters connected therewith or incidental \r\nthereto; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Heritage Foundation Act 2005. \r\n (2) It shall extend to the whole of the Province of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “Board” means the Board of Governors constituted under section 6 of \r\nthis Act; \r\n(b) “Chief Minister” means the Chief Minister of the Punjab; \r\n(c) “Committee” means the Executive Committee constituted under section 8 \r\nof this Act; \r\n(d) “expert” means a person having a recognized standing at national or \r\ninternational level in the field of archaeology or architecture; \r\n(e) “Foundation” means the Punjab Heritage Foundation established under \r\nsection 3 of this Act;  \r\n(f) “Fund” means the Punjab Heritage Fund created under section 5 of this \r\nAct; \r\n(g) “Government” means the Government of the Punjab; \r\n(h) “local government” means a local government established under the \r\nPunjab Local Government Ordinance, 2001 (XIII of 2001); \r\n(i) “prescribed” means prescribed by rules made under this Act; \r\n(j) “project” means a scheme approved by the Board for a Punjab \r\nHeritage; \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab on 19 January \r\n2005; and, was published in the Punjab Gazette (Extraordinary), dated 25 January 2005, pages 2559-2563. \r\n(k) “Punjab Heritage” means an archaeological, architectural, historical or \r\ncultural site notified to be a Punjab Heritage by the Government; and \r\n(l) “site” means any land, building, structure, remains, park, garden or any \r\nother place or location and shall include any part thereof. \r\n3. Establishment of the Foundation.– (1) As soon as may be, after the  \r\ncommencement of this Act, the Government shall, by notification in the official \r\nGazette, establish the Punjab Heritage Foundation to carry out the purposes of this \r\nAct. \r\n (2) The Foundation shall be a body corporate, with perpetual succession and \r\na common seal, with powers, subject to the provisions of this Act, to hold, acquire and \r\ndispose of property, both moveable and immoveable, and may, sue and be sued by the \r\nsaid name. \r\n4. Purpose of the Foundation.– The primary purpose of the Foundation shall \r\nbe the p reservation, conservation, maintenance and rehabilitation of the Punjab \r\nHeritage through various means, including technical or financial assistance and to \r\ncreate awareness among the people for preservation of the Punjab Heritage. \r\n5. Punjab Heritage  Fund.– (1) There shall be a f und of the Foundation to be \r\nknown as the Punjab Heritage Fund. \r\n (2) The Fund shall consist of the following:– \r\n(a) grants-in-aid from the Federal Government, the Government or a local \r\ngovernment; \r\n(b) voluntary contributions in the form  of aid and assistance from \r\nindividuals, public or private organizations, local, national or \r\ninternational agencies; \r\n(c) income from lease made in the prescribed manner; \r\n(d) sale proceeds of such property, made in such manner, as may be \r\nprescribed; \r\n(e) sale proceeds of tickets for entry into a Punjab Heritage; and \r\n(f) income from any other source. \r\n (3) The Fund shall be a permanent measure and the amounts credited to \r\nthe Fund shall not lapse at the end of a financial year. \r\n6. Board of Governors.– (1) The ma nagement, overall control and supervision \r\nof the affairs of the Foundation, shall vest in the Board of Governors. \r\n (2) The Board shall consist of the following members– \r\n(i) Chief Minister; Chairman \r\n(ii) Chief Secretary, Punjab; Vice Chairman \r\n(iii) Four members of the Provincial Assembly \r\nof the Punjab, three from the Treasury \r\nBenches to be nominated by the Chief \r\nMinister and one from the Opposition to \r\nMembers \r\nbe nominated by the Leader of the \r\nOpposition; provided that at least one \r\nmember shall be a woman; \r\n(iv) Secretary to Government of the Punjab, \r\nInformation, Culture and Youth Affairs \r\nDepartment; \r\nTreasurer/ \r\nSecretary/Member \r\n(v) Secretary to Government of the Punjab, \r\nFinance Department; \r\nMember \r\n(vi) Secretary to Government of the Punjab, \r\nLocal Government  and Rural \r\nDevelopment Department; \r\nMember \r\n(vii) Secretary to Government of the Punjab, \r\nReligious Affairs and Auqaf Department; \r\nMember \r\n(viii) Director General, Archaeology, Punjab Member \r\n(ix) Director, Lahore Museum; and Member \r\n(x) Five non -official mem bers to be \r\nnominated by the Chief Minister \r\nMembers. \r\n (3) The members of the Board, other than ex -officio members, shall hold \r\noffice for a term of two years and shall be eligible for re-appointment. \r\n (4) Meetings of the Board and all other matters ancillary to a meeting shall \r\nbe conducted in the manner as may be prescribed. \r\n (5) The members of the Board shall not be entitled to any remuneration or \r\nhonorarium. \r\n (6) No act or proceedings of the Board shall be invalid merely on the \r\nground of the existence of a vacancy or a defect in the constitution of the Board. \r\n (7) Notwithstanding anything contained in sub -section (3), the non -official \r\nmembers shall hold office during the pleasure of the Government and may be \r\nremoved without assigning any reason. \r\n7. Powers and Functions of the Board.– Subject to the provisions of this Act, \r\nthe Board shall perform such functions and exercise such powers as may be \r\nnecessary for carrying out the purposes of this Act, including the following:– \r\n(a) to take steps for the improvement, proper maintenance and utilization of \r\nthe Fund; \r\n(b) to undertake measures for the preservation, conservation, \r\nmaintenance and rehabilitation of the Punjab Heritage; \r\n(c) to prepare and approve projects, as may be deemed expedient and \r\nnecessary, for the p reservation conservation and rehabilitation of the \r\nPunjab Heritage; \r\n(d) to authorize expenditures from the Fund; \r\n(e) to acquire or take on lease any site having archeological, historical, \r\ncultural or architectural value; \r\n(f) to solicit financial and techni cal assistance for the development and \r\npreservation of the Punjab Heritage and for furtherance of academic, \r\nscientific and intellectual discourses on the subjects relevant thereto; \r\n(g) to undertake promotional and cultural activities at the Punjab Heritage; \r\n(h) to undertake and promote research and arrange materials for \r\npublication of periodicals, monographs, pamphlets, newspapers, books \r\nand posters in furtherance of the objects of this Act; \r\n(i) to frame and approve policy about the use of the Punjab Heritage; \r\nprovided that it shall not be allowed to be used for purposes other than the \r\nprescribed purposes; \r\n(j) to appoint employees of the Foundation and to determine terms and \r\nconditions of their service; \r\n(k) to form committee or committees for carrying out any of these functions \r\nand any such committee may include such persons as may be \r\nappointed by the Board; provided that the Board may, from time to \r\ntime, change the composition of any such committee; \r\n(l) to delegate any of its powers to the Committee, member or members \r\nthereof or any of the committee or committees of the Board; and \r\n(m) to exercise such powers or perform such functions as are ancillary or \r\nincidental to any of the above functions. \r\n8. Executive Committee.– (1) There shall be an Executive Committe e of the \r\nFoundation to exercise the executive authority of the Foundation in accordance with \r\nthe provisions of this Act. \r\n (2) The Committee shall comprise the following members:– \r\n(a) Chief Secretary, Punjab; Convener/Member \r\n(b) Secretary to Government of the Punjab, \r\nInformation, Culture and Youth Affairs \r\nDepartment; \r\nDeputy Convener/ \r\nMember \r\n(c) Secretary to Government of the Punjab, \r\nTourism and Resort Development \r\nDepartment; \r\nMember \r\n(d) Director General, Archaeology, Punjab; Secretary/Member \r\n(e) District Coordination Officer, Lahore; Member \r\n(f) Director General, Parks and Horticulture \r\nAuthority Lahore; and \r\nMember \r\n(g) such other persons, not exceeding four, at \r\nleast two of whom shall be from the panel of \r\nexperts established under section 11 of this \r\nAct, as may be appointed by the Board for a \r\nperiod of two years. \r\nMembers. \r\n (3) Notwithstanding anything contained in sub-section (2)(g), the non-official \r\nmembers of the Committee shall hold office during the pleasure of the Board. \r\n (4) Meetings of the Committee and other matters ancillary to a meeting \r\nshall be conducted in a manner as may be prescribed. \r\n (5) The members of the Committee shall not be entitled to any \r\nremuneration or honorarium. \r\n (6) The Committee shall monitor and execute projects approved by the \r\nBoard and shall perform such functions as may be prescribed or delegated to it by \r\nthe Board. \r\n (7) The Committee may delegate or assign any of its powers or functions \r\nto any of its members and may form sub-committees for such purpose. \r\n9. Tajdeed-e-Lahore Committee.– (1) There shall be a separate Committee \r\nwith functions as may be specified by the Board for preservation of cultural heritage \r\nwithin the revenue limits of Lahore District. \r\n (2) Such Committee may include persons nominated by the Board, \r\nprovided t hat the Board may, from time to time, change the composition of the \r\nCommittee. \r\n10. Criteria for expenditure from the Fund.– (1) Contributions, aid or \r\nassistance, made for a particular Punjab Heritage or for a particular purpose, shall \r\nonly be utilized for that Heritage or purpose. \r\n (2) The Board and the Committee, subject to this Act, shall follow the \r\ninstructions of the Government in discharge of their functions or in exercise of their \r\npowers in respect of utilization of the Fund. \r\n (3) It shall be the duty  of the treasurer to keep the amounts of the Fund in \r\nthe proper custody and to utilize the amounts in accordance with the provisions of \r\nthis Act. \r\n11. Panel of experts.– The Government may, by a notification, establish a panel of \r\nexperts, and an expert in the panel shall be competent to give advice, as and when \r\nrequired by the Board or the Committee, for the maintenance, conservation, \r\npreservation and development of the Punjab Heritage including planning and execution \r\nof a project. \r\n12. Audit of accounts .– (1) The accounts of the Foundation shall be annually \r\naudited in the manner as may be prescribed. \r\n (2) The Committee shall, immediately after its receipt, lay the audit report \r\nbefore the Board. \r\n13. Restriction on alteration, etc .– No alteration or any other m easure for \r\nimprovement, maintenance, conservation or preservation of the Punjab Heritage shall \r\nbe taken except in accordance with the provisions of this Act. \r\n14. Recovery of amounts .– The amount, to which the Foundation is entitled, \r\nshall be recoverable as arrears of land revenue. \r\n15. Public servants.– Every member of the Board or Committee, every expert or \r\nemployee exercising or purporting to exercise any function under this Act, shall be \r\ndeemed to be a public servant within the meaning of section 21 of th e Pakistan \r\nPenal Code, 1860 (XLV of 1860). \r\n16. Rules.– The Government may frame rules for carrying out the purposes of \r\nthis Act. \r\n17. Regulations.– Subject to the provisions of this Act and the rules made \r\nthereunder, the Board may make regulations, as may be necessary, to give effect to \r\nthe provisions of this Act. \r\n18. Repeal and savings .– (1) The Tajdeed -e-Lahore Board Ordinance, 2002 \r\n(LXII of 2002) is hereby repealed. \r\n (2) Notwithstanding the repeal of the Ordinance ibid, anything done, action \r\ntaken, liabil ity incurred, rights accrued, penalty imposed or punishment awarded, \r\ninquiry or proceeding commenced, persons appointed or authorized, rules made and \r\norder or notification issued under any of the provisions of the said Ordinance, suits \r\ninstituted by or aga inst the Tajdeed -e-Lahore Board, so far as they are not \r\ninconsistent with the provisions of this Act, shall be deemed to have been \r\nrespectively done, taken, incurred, accrued, imposed, awarded, commenced, \r\nappointed, authorized, made, issued and instituted under this Act. \r\n (3) The Foundation shall be the successor -in-interest of the Tajdeed -e-\r\nLahore Board and on its establishment, all the properties, assets and liabilities \r\npertaining to the Tajdeed -e-Lahore Board shall vest in and be the properties, assets \r\nand liabilities, as the case may be, of the Foundation.",
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