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  "title": "LAHORE ARTS COUNCIL ORDINANCE, 2002",
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  "text": "THE LAHORE ARTS COUNCIL ORDINANCE, 2002 \r\n(LXIII of 2002) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Definitions \r\n3. Incorporation \r\n4. Territorial jurisdiction of the Council \r\n5. Functions of the Council \r\n6. Funds \r\n7. Endowment Fund Trust \r\n8. Board of Governors \r\n9. Functions of the Board \r\n10. Meetings of the Board \r\n11. Absence of members from Board meetings \r\n12. Honorary capacity of the Board members \r\n13. Curtailment of the tenure of Board \r\n14. Committees of the Board \r\n15. Executive Director \r\n16. Accounts \r\n17. Application of Government rules \r\n18. Power to make rules \r\n19. Power to make regulations \r\n20. Ordinance to override other laws \r\n21. Savings \r\n \r\nTEXT \r\n1\r\nTHE LAHORE ARTS COUNCIL ORDINANCE, 2002 \r\n(LXIII of 2002) \r\n[4th October, 2002] \r\nAn \r\nOrdinance \r\nto provide for the management of the Lahore Arts Council. \r\nPreamble.– Whereas  it is expedient to provide for a governing statute for the better \r\nmanagement of the Lahore Arts Council and for matters connected therewith and \r\nincidental thereto; \r\n And whereas the Provincial Assembly of the Punjab is dissolved and the \r\nGovernor is sat isfied that circumstances exist which render it necessary to take \r\nimmediate action; \r\n And whereas  under Article 4 of the Provisional Constitution (Amendment) \r\nOrder No.9 of 1999, as amended by the Chief Executive Order No.11 of 2000, the \r\nGovernor of a Province may issue and promulgate an Ordinance; \r\n Now, therefore,  in exercise of the aforesaid powers and all other powers \r\nenabling him in that behalf, the Governor of the Punjab is pleased to make and \r\npromulgate the following Ordinance:– \r\n1. Short title and comme ncement.– (1) This Ordinance may be called the \r\nLahore Arts Council Ordinance, 2002. \r\n (2) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless the subject or context otherwise \r\nrequires, the following expressions shall have the meanin gs hereby respectively \r\nassigned to them, that is to say− \r\n(a) “Board” means the Board of Governors of the Lahore Arts Council \r\nconstituted under section 8; \r\n(b) “Chairperson” means the Chairperson of the Board and includes a \r\nperson deputed by the \r\n2\r\n[Chief Minister] to perform the functions of the \r\nChairperson when the Board is not in existence; \r\n(c) “Committee” means a committee constituted by the Board for the \r\nexamination of a matter referred to it and for the formulation of \r\nproposals or recommendations thereon;  \r\n                                                           \r\n1Promulgated by the Governor of the Punjab on 4 October 2002; and published in the Punjab Gazette (Extraordinary), dated 4 \r\nOctober 2002, pages 3007 -11. Under Article 4 of the Provisional Constitution (Amendment) Order 1999 (9 of 1999), it will \r\nremain in force notwithstanding the maximum limit of three m onths prescribed under Article 128 of the Constitution of the \r\nIslamic Republic of Pakistan. \r\n2Substituted for the word “Governor” by the Lahore Arts Council (First A mendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n(d) “Convenor” means a Convenor of the Committee constituted by the \r\nBoard; \r\n(e) “Council” means the Lahore Arts Council; \r\n(f) “Department” means Information, Culture and Youth Affairs \r\nDepartment; \r\n(g) “Endowment Fund” means the Endowment Fund established by  the \r\nCouncil;  \r\n(h) “Executive Director” means the Executive Director of the Council; and \r\n(i) “\r\n3\r\n[Chief Minister]” means the \r\n4\r\n[Chief Minister] of the Punjab. \r\n3. Incorporation.– (1) The Council shall be incorporated in accordance with the \r\nprovisions of this Ordinance. \r\n (2) The Council shall be a body corporate having perpetual succession \r\nand a common seal with power to acquire, hold and dispose of movable and \r\nimmovable property and may sue and be sued by the said name. \r\n4. Territorial jurisdiction of the Counci l.– (1) Subject to the provisions of this \r\nOrdinance, the area of jurisdiction of the Council shall be the territorial area \r\ncomprising the defunct Lahore Division. \r\n (2) The Council shall have its headquarters located at Lahore. \r\n5. Functions of the Council.– The Council shall– \r\n(a) develop and maintain facilities for all forms of art including performing \r\narts; \r\n(b) provide facilities for art education and organize workshops, seminars, \r\netc.; \r\n(c) undertake its own productions or solicit Government or market suppo rt \r\nthrough sponsorship; \r\n(d) institute and confer or, as the case may be, award fellow -ships, \r\nscholarships, certificates, degrees, diplomas, medals, grants, prizes, \r\ngifts, aids, loans, advances and monetary or other benefits to \r\nindividuals or groups engaged  in the promotion, study or research of \r\nvarious art forms; \r\n(e) organize art or cultural fairs, festivals and other programmes, cultural \r\nensembles and exhibitions, etc., within country and abroad, on its own \r\nor in collaboration with local and foreign bodies; \r\n(f) print, publish, issue books, periodicals and publications relating to art \r\nand culture; \r\n(g) document performers in various art forms and organizations engaged \r\nin artistic activities;  \r\n                                                           \r\n 3Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n4ibid. \r\n(h) establish museums of musical instruments, sculptures, Alhamra \r\narchives, folk-heritage, galleries, libraries including audio -visual library; \r\nand \r\n(i) implement the provisions of the Dramatic Performances Act, 1876 (XIX \r\nof 1876), or any other law in force relating to dramatic performances \r\nand musical programmes. \r\n6. Funds.– The funds of the Council shall comprise– \r\n(i) grants from the Federal Government or Provincial Government; \r\n(ii) contributions and donations from individuals, local governments, \r\ncorporations and other bodies; \r\n(iii) income generated from various activities  of the Council like classes, \r\nrental charges of facilities, fees of consultancies and services, etc.; \r\n(iv) sale proceeds of Council products; and \r\n(v) any other source approved by the Board. \r\n7. Endowment Fund Trust.– The Council shall create from its own sources a trust \r\nto be known as the Endowment Fund Trust. The Board shall authorize expenditure out \r\nof the capital whereas profit from investments shall be transferred to the annual income \r\nof the Council. \r\n8. Board of Governors .– (1) The management, overall co ntrol and supervision \r\nof the affairs of the Council shall vest in a Board of Governors consisting of twelve \r\nnon official members  \r\n5\r\n[including at least four women]  and six ex -officio members. \r\nNon-official members shall be appointed by the \r\n6\r\n[Chief Minister] for a term of three \r\nyears, reckoned from the date of appointment, from \r\n7\r\n[amongst those] who have \r\nsome accomplishment in the field of art or are otherwise of an artistic disposition and \r\ninterested in the promotion of art and culture. \r\n8\r\n[* * *]. \r\n9\r\n[*********]. \r\n (2) The \r\n10\r\n[Chief Minister] shall be Patron of the Council; \r\n (3) The following shall be ex-officio members of the Board:– \r\n(i) Secretary to Government of the Punjab, Information, Culture and Youth \r\nAffairs Department; \r\n(ii) Secretary to Government of the Punjab, Finance Department; \r\n                                                           \r\n5Inserted by the Punjab Fair Rep resentation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744,see s.2 and Schedule, at serial No.37. \r\n6Substituted for the word “Governor” by the Lahore Arts Council (First A mendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n7Substituted for the words “a panel of twenty four individuals” by the Lahore Arts Council (Amendment) Ordinance, 2002 (LXXIII \r\nof 2002); and published in  the Punjab Gazette (Extraordinary), dated 22.10.2002, pages 3091 -3092, s.2 (w.e.f. 4.10.2002) , \r\nwhich will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding \r\nthe maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n8The words “The panel shall be put up by the Department” deleted ibid. \r\n9Omitted the words “ No non-official member shall be appointed for two consecutive terms” by the Lahore Arts Council \r\n(Amendment) Act 2015 (XXI of 2015); and published in the Punjab Gazette (Extraordinary), dated 14.4.2015, page 4731, s.2. \r\n10Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n(iii) District Coordination Officer, Lahore; \r\n(iv) General Manager, Pakistan Television Corporation, Lahore; \r\n(v) Head of the Fine Arts Department, University of the Punjab, Lahore; \r\nand \r\n(vi) Executive Director, Lahore Arts Council who shall also be the \r\nSecretary of the Board.  \r\n (4) The Chairperson of the Board shall be nominated by the \r\n11\r\n[Chief \r\nMinister] from amongst the non-official members. \r\n (5) The Chairperson and the members shall hold office during the pleasure \r\nof the \r\n12\r\n[Chief Minister]. \r\n (6) A non-official member may by writing under his hand addressed to the \r\n13\r\n[Chief Minister], resign his office. The case to fill this vacancy for the remaining \r\ntenure shall be initiated by the Department in accordance with sub section (1). \r\n (7) The Chairperson may by writing under his hand addressed to the \r\n14\r\n[Chief \r\nMinister] through Secretary Information, Culture and Youth Affairs Department, resign \r\nhis office. On acceptance of the resignation, the \r\n15\r\n[Chief Minister] shall nominate a new \r\nChairperson from amongst the members. \r\n (8) A non -official member may be removed by the \r\n16\r\n[Chief Minister] if his \r\nconduct is prejudicial to the interests of the Council or who is guilty of grave \r\nmisconduct, and a member so removed shall not be reappointed. \r\n9. Functions of the Board.– The Board shall− \r\n(a) act as a resource and provide vision in the light of the chartered \r\nfunctions of the Council leaving the routine work to the functionaries of \r\nthe Council;  \r\n(b) formulate policies to promote art and culture; \r\n(c) approve budget of the Council; \r\n(d) approve development schemes for the Council; \r\n(e) frame rules for various aspects of management of the Council such as \r\ncontributory provident fund, recruitment, promotion, etc.; \r\n(f) create, abolish, upgrade, relegate or re -designate posts in any g rade; \r\nand \r\n(g) approve financial and other cases not within the competence of the \r\nExecutive Director or, as the case may be, Chairperson.  \r\n                                                           \r\n11Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n12Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n13ibid. \r\n14ibid. \r\n15ibid. \r\n16ibid. \r\n10. Meetings of the Board.– (1) The Board shall meet once in three months. \r\n (2) The Chairperson shall preside over all  meetings of the Board and, in \r\nhis absence, a non -official member elected by a majority of the present members \r\nshall preside-over the meeting.  \r\n11. Absence of members from Board meetings .– A non-official member shall \r\ncease to be a member of the Board if he does not attend three consecutive meetings \r\nof the Board unless his absence is intimated to the Chairperson before the meeting \r\nand is condoned in writing by him on the basis of grounds of absence being \r\nsatisfactory. \r\n12. Honorary capacity of the Board membe rs.– The Chairperson and all \r\nmembers shall work in an honorary capacity and shall not be paid any remuneration. \r\nThe Chairperson shall be provided an office with staff and one telephone for official \r\nuse by the Council. Normal expenses for the running of his  office shall be met by the \r\nCouncil. \r\n13. Curtailment of the tenure of Board .– In case the \r\n17\r\n[Chief Minister] is of the \r\nview that the Board is functioning in a manner which is prejudicial to the smooth \r\nfunctioning of the Council, he may curtail the tenure of  the Board and make such \r\narrangement as deemed appropriate to manage the Council. \r\n14. Committees of the Board.– The Board may constitute Committees to which the \r\nBoard may refer various matters for examination and formulation of recommendations \r\nfor consideration by the Board. The convenor of a Committee may, with the permission \r\nof the Board, co -opt any person whose contribution is required in such matters. The \r\nExecutive Director shall attach an officer of the Council with each Committee. \r\n15. Executive Director.– The Executive Director shall–  \r\n(a) be the Chief Executive of the Council and shall be appointed by \r\nGovernment ordinarily for a period of three years which period may be \r\nextended by Government if deemed appropriate;  \r\n(b) act as Secretary to the Board a nd shall maintain record of its \r\nproceedings; and \r\n(c) act as Senior Purchase Officer for procurement of stores in terms of \r\nthe Purchase Manual. \r\n16. Accounts.– (1) The accounts of the Council shall be jointly operated by the \r\nExecutive Director and an Account s Officer appointed by the Department on the \r\nrecommendation of Finance Department.  \r\n (2) The accounts of the Council shall be audited as may be prescribed. \r\n17. Application of Government rules .– Pending framing of rules relating to \r\nvarious matters such as recruitment, promotion, discipline, etc., Government rules on \r\nthe subject shall be applicable to the Council. \r\n                                                           \r\n17Substituted for the word “Governor” by the Lahore Arts Council (First Amendment) Act 2003 (VI of 2003); and published in the \r\nPunjab Gazette (Extraordinary), dated 10.3.2015, page 351, s.2. \r\n18. Power to make rules .– Government may make rules to carry out t he \r\npurposes of this Ordinance. \r\n19. Power to make  regulations.– The Council may ma ke such regulations as it \r\nmay deem necessary for carrying the provisions of this Ordinance into effect. \r\n20. Ordinance to override other laws .– This Ordinance shall have overriding \r\neffect and its provisions shall apply notwithstanding anything contained in any other \r\nlaw for the time being in force. \r\n21. Savings.– All acts done, powers exercised and expenditure incurred before the \r\npromulgation of this Ordinance under the Lahore Arts Council Regulations, 2000 framed \r\nunder Chapter IV of the Punjab Council of the  Arts Regulations, 1982 shall, if not \r\ninconsistent with the provisions of this Ordinance and the rules or regulations made \r\nthereunder, be deemed to have been done, exercised or incurred under this Ordinance.",
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