Updated: Monday August 04, 2014/AlEthnien
Shawwal 08, 1435/Somavara
Sravana 13, 1936, at 08:31:35 PM
[1][1]The Bab-e-Pakistan Foundation Act, 2014
(Act XVIII of 2014)
[26 June 2014]
An Act to establish
Bab-e-Pakistan Foundation.
Whereas Bab-e-Pakistan Trust has been dysfunctional
since long as the National Memorial Council has not been able to meet; death of majority of the members of the
National Memorial Council has made it impossible for the Bab-e-Pakistan Trust
to manage its affairs; interim governing body has also contributed in mismanagement
of the Trust; it is necessary to perform its functions and to take necessary
steps to achieve its objectives of the Bab-e-Pakistan Trust; therefore, it is
expedient to establish Bab-e-Pakistan Foundation to provide institutional
framework for carrying out the functions as envisaged in the memorandum and
articles of association of the Bab-e-Pakistan Trust for acknowledging
sacrifices made at the time of creation of Pakistan; to patronize, promote and
develop the arts, crafts and culture of Pakistan; and to deal with connected
matters;
It
is enacted as follows:---
1. Short title, extent and
commencement.– (1) This Act may be cited as the
Bab-e-Pakistan Foundation Act, 2014.
(2) It
shall extend to whole of the
(3) It
shall come into force at once.
2. Definitions.– In this Act:---
(a) “Board”
means Board of Governors of the Foundation;
(b) “Chairperson”
means Chairperson of the Board;
(c) “Foundation”
means Bab-e-Pakistan Foundation;
(d) “Government”
means Government of the
(e) “member” means a member of the Board and includes the
Chairperson, Vice Chairperson and Secretary of the Board;
(f) “prescribed” means prescribed by rules or regulations made
under the Act; and
(g) “Secretary”
means Secretary of the Foundation.
3. Establishment of the
Foundation.– (1) The Government may, by notification, establish a
Foundation to be known as Bab-e-Pakistan Foundation.
(2) The
Foundation shall be a body corporate having perpetual succession and a common
seal with power to acquire, hold and dispose of the property and shall sue and
be sued by the said name.
(3) The Foundation shall not, without prior approval of the Government, sell, mortgage or permanently alienate any of its property or raise loans or advances.
4. Functions.–The Foundation shall:---
(a)
construct and maintain national memorials for the people who sacrificed their
lives for or at the time of creation of
(b)
promote the ideology of
(c)
promote national and regional languages, arts, crafts, handicrafts and culture
of
(d)
organize regional, national or international social, cultural, industrial or
literary fairs, festivals and other programmes,
cultural ensembles and exhibitions, within
(e)
construct, establish and lease theme parks and allied facilities in furtherance
of its purposes;
(f)
conduct research, hold seminars and workshops and arrange publication and
printing of books, brochures and pamphlets in furtherance of its objectives;
(g)
construct display centers for paintings, books, handicrafts and other
intellectual products of
(h)
celebrate independence day and organize functions on national days of
(i)
establish art galleries and museum depicting struggle for the freedom, mass
migration and sacrifices for the establishment of
(j)
engage professionals, public and private sector organizations to undertake
research on social and historical matters relating to
(k)
undertake land development, grant lease of land or building in the prescribed
manner to achieve self-sustainability;
(l)
encourage culture of tolerance, peace and love as preached by the great sufi poets of
(m) promote love
and brotherhood among the people of various Provinces of Pakistan and integrate
regional diversities with national unity through art, craft and literature;
(n)
interact with cultural and literary institutions, organizations and libraries;
(o)
enter into agreement with local, national or international bodies for purposes
of promotion of art, culture and literature;
(p)
facilitate equal opportunities to women in all cultural undertakings;
(q)
provide financial, material and technical assistance for cultural development;
(r)
undertake cultural projects and programmes with local
or foreign collaboration; and
(s) perform any other function which is incidental to any of the above functions or as may be prescribed.
5. Board of Governors.– (1) There shall be a Board to manage and regulate the
affairs of the Foundation.
(2) The
Board shall consist of not more than fifteen members including the Chairperson,
Vice Chairperson and Secretary.
(3) The
Government shall appoint the Chairperson, Vice Chairperson and other members of
the Board.
(4) A
non-official member shall be appointed for a term of two years but shall be
eligible for reappointment.
(5) One
half of the total members shall constitute the quorum for a meeting of the
Board.
(6) All
decisions of the Board shall be made by majority of votes of members present
and voting and, in case of a tie, the person presiding
shall have the casting vote.
(7) The
Chairperson or, in his absence, the Vice Chairperson shall preside over a
meeting of the Board, and, in the absence of the Vice Chairperson, the members
present at a meeting shall nominate a member to preside at that meeting.
(8) A
member, other than the Secretary, shall perform the duties without any
remuneration except such travelling and daily allowance as may be prescribed.
6. Authentication of decisions.– All
the decisions of the Board shall be authenticated by the signatures of the
person presiding the meeting and the Secretary.
7. Disqualifications.– No person shall be appointed or shall continue as the
Chairperson, Secretary or member, if he:---
(a) has been convicted of an offence involving moral turpitude;
or
(b) has been found guilty of misconduct; or
(c) has been declared to be of unsound mind by a competent court; or
(d) has been or is adjudged as un discharged insolvent; or
(e) is incapable of discharging his duties
by reason of physical or mental infirmity and has been so declared by a Special
Medical Board appointed by the Government; or
(f) is an employee or member of the staff of the Board other
than the Secretary; or
(g) fails
to disclose any conflict of interest at or within the time provided for such
disclosure by or under this Act or contravenes any of the provisions of the
Act; or
(h) stands disqualified by
the order of the Court to hold any public office; or
(i) fails to attend more than three consecutive meetings of the
Board without leave.
8. Casual vacancy.– The Government shall fill a casual vacancy caused
owing to removal or permanent absence of a member, other than an ex-officio
member, for the unexpired period of the term of the member.
9. Resignation.– A member, other than an ex-officio member, may resign
his office by tendering his resignation in writing to the Government.
10. Removal.– The Government may, at any time, remove a member,
other than an ex-officio member, from the Board without assigning any reason.
11. Committees.– (1) The Board may constitute such executive,
financial, technical, advisory and other committees as may be prescribed or as
may be deemed necessary for carrying out the purposes of this Act.
(2) The
committee shall perform such functions as may be assigned to it by the Board.
12. Delegation.– The Board may, subject
to such conditions and limitations as it may impose, delegate any of its
functions to the Chairperson, Vice Chairperson, Secretary, a committee or to an
institution or authority established under any law except the function to:---
(a) make, amend or repeal regulations;
(b) constitute a committee or fill a vacancy in a committee; or
(c) approve any project, annual budget, audited accounts and
annual report of the Foundation.
13. Secretary.– (1) The Government shall appoint a Secretary for a
period not exceeding three years on such terms and conditions as the Government
may determine.
(2) The Secretary shall be the Secretary of
the Board and shall hold office during the pleasure of the Government.
(3) Notwithstanding
the expiration of the term, the Secretary shall continue to hold office on the
same terms and conditions for a period of three months or till his successor
enters upon office, whichever is earlier.
(4) Nothing contained in this
section shall preclude the Government from appointing the same person as
Secretary for another term.
(5) The Secretary may resign his office
subject to one month’s prior notice in writing to the Government or on payment
of one month’s pay in lieu of the notice.
(6) The
Secretary shall:---
(a) perform such functions as are assigned to him under this
Act; and
(b) have such powers, including the powers of appointment,
transfer, promotion, dismissal, and other matters affecting the staff and
employees, as are delegated by the Board or as may be prescribed.
14. Staff.– (1) The Foundation may employ such persons as may be
necessary for the efficient performance of its functions in such manner and on
such terms and conditions as may be prescribed.
(2) The
employees of the Foundation shall hold office during the pleasure of the
Foundation and shall, subject to notice
and opportunity of hearing, be liable to such disciplinary action as may
be prescribed.
15. Disclosure of interest.– (1) If
the Chairperson, Vice Chairperson, Secretary, member, a staff or other
employee, including an adviser, consultant, agent, actuary, valuator, lawyer,
and auditor or the family of such a person has, direct or indirect interest in
any matter relating financial transactions of the Foundation, such person shall
forthwith disclose that interest to the Board and the Board may take such
action as it may consider appropriate.
(2) If
a person present at a meeting of the Board or of a committee
or his family or his professional or business partner or associate has
direct or indirect interest in the subject matter under consideration in that
meeting, he shall:
(a) forthwith disclose the interest; and
(b) withdraw from the meeting during the consideration of that
matter.
16. Fund.– (1) There shall be a Fund of the Foundation, which
shall vest in the Foundation and to which shall be credited all moneys received
by the Foundation.
(2) The
Fund shall consist of:---
(a) grants made or loans advanced by the Government or the
Federal Government or any other Provincial Government;
(b) aid and
assistance, grants, advances, donations and other non-obligatory funds received
from any person, body or entity, national or international agency;
(c) loans and advances obtained from the financial institutions;
and
(d) any other income received from any other source.
(3) The
Foundation may receive, own and maintain a property transferred to it by any
person, body or organization.
17. Budget.–The Secretary shall prepare annual budget comprising
the expected income and expense for the ensuing financial year and submit it to
the Board for approval in such form and manner as may be prescribed.
18. Accounts.– (1) The Foundation shall maintain proper accounts and
other records relating to its financial affairs including its income and
expenditure and its assets and liabilities in such form and manner as may be
prescribed.
(2) The
Board may open and maintain its accounts in a scheduled bank approved by the
Government.
(3) After
the end of a financial year, the Foundation shall prepare the statements of
account which shall include a balance-sheet and an account of income and
expenditure during the last financial year.
19. Audit.– (1) The Auditor General of
(2) The
Government, in addition to the audit under subsection (1), may cause the
accounts of the Foundation annually audited by a Chartered Accountant or a firm
of Chartered Accountants.
20. Recovery of dues.– Any amount due to the Foundation may
be recovered as arrears of land revenue by an officer authorized for the
purpose by the Board.
21. Ejectment
of unauthorized occupants.– Subject to an opportunity of
hearing, the Secretary, or any person authorized by the Board, may summarily
eject any person in unauthorized occupation of any land or property vested in
the Foundation and may for such ejectment use such force as may be necessary.
22. Immunity.– No suit, prosecution or other legal proceedings shall
lie against the Government, Foundation, Chairperson, Vice Chairperson, member,
Secretary, consultant, officer or other employees of the Foundation in respect
of anything done or intended to be done in good faith under this Act.
23. Annual report.– (1) The Foundation shall, within three months of the close of a
financial year, submit to the Government an annual report.
(2) The
report shall consist of:---
(a) the statement of accounts of the financial year;
(b) a comprehensive statement of the work and activities of the
Foundation during the preceding financial year;
(c) future plans and projects; and
(d) such other matters as may be prescribed or as the Board may
consider appropriate.
24. Rules.– The Government may, by notification, make rules for
carrying out the purposes of this Act.
25. Regulations.– Subject to this Act and
the rules, the Foundation may, by notification, frame regulations to give
effect to the provisions of the Act.
26. Dissolution and Savings.–
(1) Notwithstanding anything contained in the Societies Registration Act,
1860 (XXI of 1860), on the establishment of the Foundation under this Act,
the Bab-e-Pakistan Trust, established as a society on June 04, 1992
under the said Act, shall stand dissolved and all its assets and liabilities
and staff shall stand transferred to the Foundation.
(2) Subject
to any other law but notwithstanding the dissolution of the society, anything
done, action taken, obligation, liability, penalty or punishment incurred,
agreement signed, inquiry or proceedings commenced, persons appointed,
regularized 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 the Act.
27. Repeal.–
The Bab-e-Pakistan Foundation Ordinance, 2014 (IV of
2014) is hereby repealed.
[1][1]This Act was passed by the
Punjab Assembly on 24 June 2014; assented to by the Governor of the
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