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  "title": "BAB-E-PAKISTAN FOUNDATION ACT 2014",
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  "text": "THE BAB-E-PAKISTAN FOUNDATION ACT 2014 \r\n(XVIII of 2014) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the Foundation \r\n4. Functions \r\n5. Board of Governors \r\n6. Authentication of decisions \r\n7.  Disqualifications \r\n8. Casual vacancy \r\n9. Resignation \r\n10. Removal \r\n11. Committees \r\n12. Delegation \r\n13. Secretary \r\n14. Staff \r\n15. Disclosure of interest \r\n16. Fund \r\n17. Budget \r\n18. Accounts \r\n19. Audit \r\n20. Recovery of dues \r\n21. Ejectment of unauthorized occupants \r\n22.  Immunity \r\n23. Annual report \r\n24. Rules \r\n25. Regulations \r\n26. Dissolution and Savings \r\n27. Repeal \r\nTEXT \r\n1\r\nTHE BAB-E-PAKISTAN FOUNDATION ACT 2014 \r\n(XVIII of 2014) \r\n[26th June, 2014] \r\nAn \r\nAct \r\nto establish Bab-e-Pakistan Foundation. \r\n Whereas Bab-e-Pakistan Trust has been dysfunctional since long as the \r\nNational Memorial Council has not been able to meet;  death of majority of the \r\nmembers of the National Memorial Council has made it impossible for the Bab -e-\r\nPakistan Trust to manage its affairs; interim governing body  has also contributed in \r\nmismanagement of the Trust;  it is necessary to perform its functions and to take \r\nnecessary steps to achieve its objec tives of the Bab-e-Pakistan Trust; therefore, it is \r\nexpedient to establish Bab -e-Pakistan Foundation to provide institutional framework \r\nfor carrying out the functions as envisaged in the memorandum and articles of \r\nassociation of the Bab -e-Pakistan Trust fo r acknowledging sacrifices made at the \r\ntime of creation of Pakistan; to patronize, promote and develop the arts, crafts and \r\nculture of Pakistan; and to deal with connected matters; \r\n It is enacted as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nBab-e-Pakistan Foundation Act 2014. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Board” means Board of Governors of the Foundation; \r\n(b) “Chairperson” means Chairperson of the Board; \r\n(c) “Foundation” means Bab-e-Pakistan Foundation; \r\n(d) “Government” means Government of the Punjab; \r\n(e) “member” means a member of the Board and includes the \r\nChairperson, Vice Chairperson and Secretary of the Board; \r\n(f) “prescribed” means prescribed by rules or regulations made under the \r\nAct; and \r\n(g) “Secretary” means Secretary of the Foundation. \r\n3. Establishment of the Foundation .– (1) The Government may, by \r\nnotification, establish a Foundation to be known as Bab-e-Pakistan Foundation. \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 24 June 2014; assented to by the Governor of the  Punjab on 25 June 2014; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 26 June 2014, pages 4179-4184. \r\n(2) The Foundation shall be a body corporate having perpetual succession \r\nand a common seal with power to acquire, hold and dispose of the property and shall \r\nsue and be sued by the said name. \r\n(3) The Foundation shall not, without prior approval of the G overnment, \r\nsell, mortgage or permanently alienate any of its property or raise loans or advances. \r\n4.  Functions.– The Foundation shall: \r\n(a) construct and maintain national memorials for the people who \r\nsacrificed their lives for or at the time of creation of Pakistan; \r\n(b) promote the ideology of Pakistan; \r\n(c) promote national and regional languages, arts, crafts, handicrafts and \r\nculture of Pakistan; \r\n(d) organize regional, national or international social, cultural, industrial or \r\nliterary fairs, festivals and other programme s, cultural ensembles and \r\nexhibitions, within Pakistan or abroad, on its own or in collaboration \r\nwith a local or foreign institution;  \r\n(e) construct, establish and lease theme parks and allied facilities in \r\nfurtherance of its purposes;  \r\n(f) conduct research, hold seminars and workshops and arrange \r\npublication and printing of books, brochures and pamphlets in \r\nfurtherance of its objectives; \r\n(g) construct display centers for paintings, books, handicrafts and other \r\nintellectual products of Pakistan; \r\n(h) celebrate independence day and organize functions on national days of \r\nPakistan; \r\n(i) establish art galleries and museum depicting struggle for the freedom, \r\nmass migration and sacrifices for the establishment of Pakistan; \r\n(j) engage professionals, public and private sector organizations t o \r\nundertake research on social and historical matters relating to \r\nPakistan; \r\n(k) undertake land development, grant lease of land or building in the \r\nprescribed manner to achieve self-sustainability; \r\n(l) encourage culture of tolerance, peace and love as preached by t he \r\ngreat sufi poets of Pakistan; \r\n(m) promote love and brotherhood among the people of various Provinces \r\nof Pakistan and integrate regional diversities with national unity through \r\nart, craft and literature; \r\n(n) interact with cultural and literary institutions, organizations and libraries; \r\n(o) enter into agreement with local, national or international bodies for \r\npurposes of promotion of art, culture and literature; \r\n(p) facilitate equal opportunities to women in all cultural undertakings; \r\n(q) provide financial, material and techn ical assistance for cultural \r\ndevelopment; \r\n(r) undertake cultural projects and programmes with local or foreign \r\ncollaboration; and \r\n(s) perform any other function which  is incidental to any of the above \r\nfunctions or as may be prescribed. \r\n5. Board of Governors .– (1) There shall be a Board to manage and regulate \r\nthe affairs of the Foundation. \r\n(2) The Board shall consist of not more than fifteen members including the \r\nChairperson, Vice Chairperson and Secretary. \r\n(3) The Government shall appoint the Chairperson, Vice Chai rperson and \r\nother members of the Board. \r\n(4) A non -official member shall be appointed for a term of two years but \r\nshall be eligible for reappointment. \r\n(5) One half of the total members shall constitute the quorum for a meeting \r\nof the Board. \r\n(6) All decision s of the Board shall be made by majority of votes of \r\nmembers present and voting and, in case of a tie, the person presiding shall have \r\nthe casting vote. \r\n(7) The Chairperson or, in his absence, the Vice Chairperson shall preside \r\nover a meeting of the Board,  and, in the absence of the Vice Chairperson, the \r\nmembers present at a meeting shall nominate a member to preside at that meeting. \r\n(8) A member, other than the Secretary, shall perform the duties without \r\nany remuneration except such travelling and daily allowance as may be prescribed. \r\n6. Authentication of decisions .– All the decisions of the Board shall be \r\nauthenticated by the signatures of the person presiding the meeting and the \r\nSecretary. \r\n7.  Disqualifications.– No person shall be appointed or shall cont inue as the \r\nChairperson, Secretary or member, if he:  \r\n(a) has been convicted of an offence involving moral turpitude; or  \r\n(b) has been found guilty of misconduct; or  \r\n(c) has been declared to be of unsound mind by a competent  court; or  \r\n(d) has been or is adjudged as un discharged insolvent; or  \r\n(e) is incapable of discharging his duties by reason of physical or mental \r\ninfirmity and has been so declared by a Special Medical Board \r\nappointed by the Government; or  \r\n(f) is an employee or member of the staff of  the Board other than the \r\nSecretary; or  \r\n(g) fails to disclose any conflict of interest at or within the time provided for \r\nsuch disclosure by or under this Act or contravenes any of the \r\nprovisions of the Act; or  \r\n(h) stands disqualified by the order of the Court to hold any public office; or  \r\n(i) fails to attend more than three consecutive meetings of the Board \r\nwithout leave. \r\n8. Casual vacancy.– The Government shall fill a casual vacancy caused owing \r\nto removal or permanent absence of a member, other than a n ex-officio member, for \r\nthe unexpired period of the term of the member. \r\n9. Resignation.– A member, other than an ex -officio member, may resign his \r\noffice by tendering his resignation in writing to the Government. \r\n10. Removal.– The Government may, at any t ime, remove a member, other than \r\nan ex-officio member, from the Board without assigning any reason. \r\n11. Committees.– (1) The Board may constitute such executive, financial, \r\ntechnical, advisory and other committees as may be prescribed or as may be \r\ndeemed necessary for carrying out the purposes of this Act. \r\n(2) The committee shall perform such functions as may be assigned to it \r\nby the Board. \r\n12. Delegation.– The Board may, subject to such conditions and limitations as it \r\nmay impose, delegate any of its funct ions to the Chairperson, Vice Chairperson, \r\nSecretary, a committee or to an institution or authority established under any law \r\nexcept the function to: \r\n(a) make, amend or repeal regulations; \r\n(b) constitute a committee or fill a vacancy in a committee; or \r\n(c) approve any project, annual budget, audited accounts and annual \r\nreport of the Foundation. \r\n13.  Secretary.– (1) The Government shall appoint a Secretary for a period not \r\nexceeding three years on such terms and conditions as the Government may \r\ndetermine. \r\n(2) The Secretary shall be the Secretary of the Board and shall hold office \r\nduring the pleasure of the Government. \r\n(3)  Notwithstanding the expiration of the term, the Secretary shall continue \r\nto hold office on the same terms and conditions for a period of three months or till his \r\nsuccessor enters upon office, whichever is earlier. \r\n(4)  Nothing contained in this section shall preclude the Government from \r\nappointing the same person as Secretary for another term. \r\n(5)  The Secretary may resign his office subject to one month’s prior notice in \r\nwriting to the Government or on payment of one month’s pay in lieu of the notice. \r\n(6)  The Secretary shall:  \r\n(a) perform such functions as are assigned to him under this Act; and \r\n(b) have such powers, including the powers of  appointment, transfer, \r\npromotion, dismissal, and other matters affecting the staff and \r\nemployees, as are delegated by the Board or as may be prescribed. \r\n14.  Staff.– (1) The Foundation may employ such persons as may be necessary \r\nfor the efficient performa nce of its functions in such manner and on such terms and \r\nconditions as may be prescribed. \r\n(2)  The employees of the Foundation shall hold office during the pleasure \r\nof the Foundation and shall, subject to notice and opportunity of hearing,  be liable to \r\nsuch disciplinary action as may be prescribed.  \r\n15.  Disclosure of interest.– (1) If the Chairperson, Vice Chairperson, Secretary, \r\nmember, a staff or other employee, including an adviser, consultant, agent, actuary, \r\nvaluator, lawyer, and auditor or the famil y of such a person has, direct or indirect \r\ninterest in any matter relating financial transactions of the Foundation, such person \r\nshall forthwith disclose that interest to the Board and the Board may take such action \r\nas it may consider appropriate. \r\n(2)  If a person present at a meeting of the Board or of a c ommittee or his \r\nfamily or his professional or business partner or associate has direct or indirect \r\ninterest in the subject matter under consideration in that meeting, he shall:  \r\n(a) forthwith disclose the interest; and \r\n(b) withdraw from the meeting during the consideration of that matter. \r\n16. Fund.– (1) There shall be a Fund of the Foundation, which shall vest in the \r\nFoundation and to which shall be credited all moneys received by the Foundation. \r\n(2) The Fund shall consist of: \r\n(a) grants made or loans advanced by the Government or the Federal \r\nGovernment or any other Provincial Government; \r\n(b) aid and assistance, grants, advances, donations and other non -\r\nobligatory funds received from any person, body or ent ity, national or \r\ninternational agency; \r\n(c) loans and advances obtained from the financial institutions; and \r\n(d) any other income received from any other source. \r\n(3) The Foundation may receive, own and maintain a property transferred \r\nto it by any person, body or organization. \r\n17. Budget.– The Secretary shall prepare annual budget comprising the \r\nexpected income and expense for the ensuing financial year and submit it to the \r\nBoard for approval in such form and manner as may be prescribed. \r\n18. Accounts.– (1) Th e Foundation shall maintain proper accounts and other \r\nrecords relating to its financial affairs including its income and expenditure and its \r\nassets and liabilities in such form and manner as may be prescribed. \r\n(2) The Board may open and maintain its accoun ts in a scheduled bank \r\napproved by the Government.  \r\n(3) After the end of a financial year, the Foundation shall prepare the \r\nstatements of account which shall include a balance-sheet and an account of income \r\nand expenditure during the last financial year. \r\n19. Audit.– (1) The Auditor General of Pakistan shall annually audit the accounts \r\nof the Foundation. \r\n(2) The Government, in addition to the audit under subsection (1), may \r\ncause the accounts of the Foundation annually audited by a Chartered Accountant or \r\na firm of Chartered Accountants. \r\n20. Recovery of dues.– Any amount due to the Foundation may be recovered as \r\narrears of land revenue by an officer authorized for the purpose by the Board. \r\n21. Ejectment of unauthorized occupants.– Subject to an opportunity of hearing, \r\nthe Secretary, or any person authorized by the Board, may summarily eject any \r\nperson in unauthorized occupation of any land or property vested in the Foundation \r\nand may for such ejectment use such force as may be necessary. \r\n22.  Immunity.– No suit, prosecution or other legal proceedings shall lie against \r\nthe Government, Foundation, Chairperson, Vice Chairperson, member, Secretary, \r\nconsultant, officer or other employees of the Foundation in respect of anything done \r\nor intended to be done in good faith under this Act.  \r\n23. Annual report.– (1) The Foundation shall, within three months of the close of \r\na financial year, submit to the Government an annual report. \r\n(2) The report shall consist of: \r\n(a) the statement of accounts of the financial year; \r\n(b) a comprehensive statement of the work and activities of the Foundation \r\nduring the preceding financial year; \r\n(c) future plans and projects; and \r\n(d) such other matters as may be prescribed or as the Board may consider \r\nappropriate.  \r\n24. Rules.– The Government may, by notification, make rules for carrying out the \r\npurposes of this Act. \r\n25. Regulations.– Subject to this Act  and the rules, the Foundation may, by \r\nnotification, frame regulations to give effect to the provisions of the Act. \r\n26. Dissolution and Savings .– (1) Notwithstanding anything contained in the \r\nSocieties Registration Act, 1860 (XXI of 1860), on the establishment of the \r\nFoundation under this Act, the  Bab-e-Pakistan Trust, established as a society on \r\nJune 04, 1992 under the said Act, shall stand disso lved and all its assets and \r\nliabilities and staff shall stand transferred to the Foundation. \r\n(2) Subject to any other law but notwithstanding  the dissolution of the \r\nsociety, anything done, action taken, obligation, liability, penalty or punishment \r\nincurred, agreement signed, inquiry or proceedings commenced, persons appointed, \r\nregularized or authorized, rules made and order or notification issued under any of \r\nthe provisions of the Memorandum of Association of the said society, if not \r\ninconsistent with the p rovisions of this Act, shall be deemed to have been \r\nrespectively done, taken, incurred, commenced, appointed, authorized, made and \r\nissued under the Act. \r\n27. Repeal.– The Bab-e-Pakistan Foundation Ordinance 2014 (IV of 2014) is \r\nhereby repealed.",
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