Updated: Thursday August 25, 2016/AlKhamis
Thoul Ki'dah 22, 1437/Bruhaspathivara
Bhadra 03, 1938, at 02:46:16 PM
The
National
[17th September,
2002]
An Ordinance to provide for reconstitution
of the National Institute of Folk and Traditional Heritage (Lok Virsa) to
effectively preserve indigenous cultural heritage to project true identity of
Pakistan.
AND WHEREAS it is expedient to provide for the
reconstitution of the National Institute of Folk and Traditional Heritage (Lok
Virsa) and for matter connected herewith or ancillary thereto;
AND WHEREAS, the President is satisfied that
circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of
Emergency of the fourteenth day of October, 1999, and the Provisional
Constitution Order No. l of 1999, read with the Provisional Constitution
(Amendment) Order No-9 of 1999, and in exercise of all powers enabling him in
that behalf the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance:---
1. Short title and commencement---(1) This Ordinance may be called the
National Institute of Folk and Traditional Heritage (Lok Virsa) Ordinance,
2002.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.--In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) “Board”
means the Board of Governors of the Institute;
(b) “Chairman”
means the Chairman of the Board;
(c) “Executive
committee” means the Executive Committee of the Board;
(d) “Executive
Director” means the Executive Director of the Institute;
(e) “Fund”
means fund of the Institute;
(f) “Institute”
means the National Institute of Folk and Traditional Heritage (Lok Virsa)
established by the. Government of
(g) “prescribed”
means prescribed by rules or regulations;
(h) “regulations”
means the regulations made under this Ordinance; and
(i) “rules”
means the rules made under this Ordinance.
3. Establishment of the Institute.--(I) The National Institute of Folk and
Traditional Heritage (Lok Virsa) as reconstituted in accordance with the
provisions of this Ordinance shall be a body corporate having perpetual
succession and a common seal with powers, subject to the provisions of this
Ordinance, to acquire, hold and dispose of property, both movable
and immovable, and shall by the said name sue and be sued.
(2) The head office of the Institute shall
be at
(3) The Institute may, with the approval of
the Federal Government, from time to time establish regional offices, local
offices and research establishments at such places as it may deem fit.
4. Functions and Powers of the Institute.--The functions and powers of the Institute
shall be,---
(a) to engage
in research, systematic collection, documentation, scientific preservation,
projection and dissemination of oral tradition folklore and other aspects
of indigenous cultural heritage;
(b) to aim
at strengthening and nurturing the roots of
(c) to
establish cultural complexes and museums for the purpose of displaying living
arts ,and crafts, cultural artifacts and rare objects from all parts of
Pakistan;
(d) establish cultural
industries, art and craft galleries, artisan villages and to hold and organize
festivals;
(e) to retrieve
advance, knowledge of the general public and promotion of cultural heritage and
cultural industries of
(f) to
carry out studies, investigations, surveys, to collect data to prepare
feasibility report about schemes, projects and programmes to the
extent required for fulfilling the objects;
(g) to
arrange and provide training and technical assistance to its staff as well as
participating NGOs and community based organizations, educational institutions
through training programmes, purchase of existing services, workshops,
seminars, publications and
training programmes and scholarships within
(h) to improve knowledge,
understanding and practices of different aspects of indigenous cultural
heritage and to devise ways and mean”s for a broader dissemination through
employment of modern media technologies;
(i) to
establish centres of excellence and to activate existing institutions
and build or innovate new institutions and forge mutually beneficial
private/public sector partnerships;
(j) to prepare
and implement such other plans and programmes to promote cultural
heritage of
(k) to promote
cultural heritage such that it plays its rightful role in developmental issues
such as economic reforms, investment, industry, education,
literature, poverty alleviation, human rights and human development;
(l) to cause
to be prepared and implemented such schemes and programmes for the
promotion of welfare of its employees; and
(m) to do
all such other things as are necessary or incidental to the promotion or
advancement of the objects of the Institute.
5. Power of the Federal Government to issue
directives.—The
Federal Government may, as and when it considers necessary, issue directives to
the Institute on matters of policy, and such directives shall be binding
on the Institute, and if a question arises whether any matter is a policy
matter or not, the decision of the Federal Government shall be final.
6. Board of Governors.--(1) The overall control, direction and
superintendence of the affairs of the Institute shall vest in a Board of
Governors consisting of the following members, namely:---
|
(a)
Minister for Culture |
Chairman |
|
(b)
Secretary (Culture) |
Vice-Chairman |
|
(c)
Financial Adviser |
Member |
|
(d)
Executive Director |
Member |
|
(e)
Three eminent persons in the field of cultural heritage. |
Members |
|
(f)
Three persons from non-Government financial and corporate sector |
Members |
(2) The members, other than ex-officio
members, shall be appointed by the Federal Government and shall hold office
during the pleasure of the Federal Government.
(3) The Executive Director shall act as
Secretary of the Board.
7. Terms of Office of the Members of the
Board.--(1) Subject to
sub-section (2) of section 6 the members of the Board, other than ex officio
members, shall hold office for a term of three years and shall be eligible for
reappointment, but no person shall hold that office for more than two
consecutive terms:---
Provided that a person shall be eligible for
reappointment after break of one term of his office.
(2) Any causal vacancy in the office of a
member, other than ex-officio members, shall be filled by a person nominated by
the Federal Government and the person so nominated shall hold office for
remainder of the term of office.
(3) A member of the Board, other than
ex-officio member may resign from office by submitting his resignation in
writing to the Chairman:---
Provided that the resignation shall take
effect from the date it is accepted by the Federal Government.
8. Meetings.--(1)The meeting of the Board shall be held at
least twice a year and shall be presided over by the Chairman.
(2) Subject to the provisions of sub-section
(1), the meeting of the Board and of the Executive Committee shall be held at
such time and at such place and in such manner as may be prescribed by
regulations:---
Provided that until regulations are made in
this behalf, such meeting shall be convened by the Chairman.
(3) Unless otherwise prescribed one-third of
the total members in case of the Board and one-half of the total members in
case of the Executive Committee shall form a quorum at the meeting of the Board
or, as the case may be, the Executive Committee.
(4) The Vice-Chairman shall act as Chairman
in the absence of the Chairman.
9. Executive Committee.--The Board shall be assisted by an Executive
Committee, consisting of not less than three members, to be constituted from
amongst members of the Board and perform such functions, as may be prescribed
by the regulations.
10. Executive Director. The Executive Director shall be the overall
inchage of technical and administrative work of the Institute and shall be
appointed by the Federal Government on such terms and conditions as it may
determine.
(2) The Executive Director shall exercise
such powers and perform such functions as may be prescribed.
11. Delegation of Powers.--The Board may, from time to time delegate to
the Chairman, the Executive Committee and Executive Director such of its powers
and functions and subject to such conditions as it may consider necessary.
12. Validity of Proceedings.--No act, proceedings, decision or order of
the Institute, Board or Executive Committee shall be invalid by reason
only of the existence of a vacancy in, or any defects in the
constitution of, the Institute, Board or Executive Committee.
13. Appointment of Officers etc.--The Institute may, from time to time,
appoint such Officers, servants, experts and consultants as it may consider
necessary for the efficient performance of its functions on such terms and
conditions as may be prescribed, by rules.
14. Members, officers etc., to be
public servants.--Every
member of the Board and every officer servant, expert, consultant and employee
of the Institute shall, when acting or purporting, to act in pursuance of any
of the provisions of this Ordinance or the rules, or regulations
made thereunder shall be deemed to be public servant within the
meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
15. Funds.--There shall be established a fund to be
called the National Institute of Folk and Traditional Heritage (Lok Virsa) Fund
which shall consist of,---
(a) grant-in-aid from
the Federal Government, the Provincial Governments, local bodies and statutory
or non-statutory corporations;
(b) collections,
subscriptions, and donations from any person, body association or organization;
(c) receipts
from other sources as may be approved by the Federal Government including sale
proceeds, from the Institute”s products, publications, and holding of
exhibitions, programmes, festivals and projects as a self-generated fund,
which the Institute may, with the approval of the Board, retain and
spend therefrom and the balance, if any, shall be deposited in the
self-generated fund account maintained by the Institute separately for this
purpose in the scheduled banks;
(d) generation of
funds through multi-media productions, cultural telecasts, broadcasts, etc;
and
(e) such funds
as it may generate through private-public partnerships.
16. Budget.--The Institute shall, in respect of each
financial year, by such date as may be determined by the Federal Government,
submit to it for approval a statement, to be called the annual budget
statement, in the prescribed manner, showing the estimated receipts and
expenditure and the sums likely to be required during the next financial year alongwith detail programme of
works for that year.
17.
Maintenance of accounts and audit.--The Institute shall maintain complete and accurate accounts and
other relevant records in such manner and form as may be prescribed by the
Federal Government in consultation with Auditor-General of
18. Annual Report.--The Institute shall, as soon as possible,
after the end of each financial year, but not later than the last day of
December, submit to the Federal Government a detailed report, called the Annual
Report, on the conduct of its affairs and its achievements during the preceding
financial year along with financial statements where necessary.
19. Indemnity.--No suit, prosecution or order legal
proceedings shall lie against the Board or any of its members, officers,
servants, experts or consultants of the Institute in respect of anything in
good faith done or intended to be done under this Ordinance, the rules or the
regulations, made thereunder.
20. Transfer of civil servants etc., to the
Institute.--(1)
Notwithstanding anything contained in any law, contract or agreement or in the
condition of service, every civil servant employed in the National Institute of
Folk and Traditional Heritage, existing immediately before the commencement of
this Ordinance, including persons on deputation to other organizations shall,
save as hereinafter provided, cease to be civil servants and stand transferred,
to and become an employee of the Institute as established in this Ordinance on
the same terms and conditions, including remuneration, tenure of service, rules
and privileges as to pension and gratuity and other matters as were applicable
to him immediately before the commencement of this Ordinance, until his
re-employment in the Institute is terminated in accordance with the conditions
of service or his terms and conditions are altered by regulation which shall
not be less favourable than those by which he was governed immediately before
his transfer to the Institute.
(2) Any person referred to in sub-section
(1) who is on deputation with the Institute shall continue in his employment of
the Institute on deputation in accordance with the terms of his deputation.
(3) Any person referred to in sub-section
(1) may, within three months from the commencement of this Ordinance, opt not
to be transferred to the service of the Institute and option so exercised shall
be final.
23. Winding
up.--No provision of
law relating to the winding up of the bodies corporate shall apply to the
Institute and the Institute shall not be wound up except by the order of the
Federal Government in such manner as the Federal Government may direct.
24.
Removal of difficulties.-If any difficulty arises in giving
effect to any provisions of this Ordinance, the Federal Government may make
such order, not inconsistent with the express provisions of this Ordinance, as
may appear to it to be necessary or expedient for the purpose of removing the
difficulty.
25. Repeal and savings.--(1) The Government of
(2) Upon the commencement of this Ordinance,---
(a) all funds,
properties, rights and interests of whatsoever kind issued, used, enjoyed and
possessed by the National Institute of Folk and Traditional Heritage
(Lok Virsa) in existence immediately before the commencement of this
Ordinance and all liabilities legally subsisting against the said Institute
shall pass to the Institute as established under this Ordinance;
(b) everything
done, action taken, obligation or liabilities incurred, rights and assets
acquired, persons appointed, or authorized, powers conferred, endowments,
bequest or funds created, donations or grants made, order issued under a
resolution, rules or regulations applicable to the said Institute
shall remain in force and be continued and, having regard to various matters
which by this Ordinance have to be regulated or prescribed by rules or
regulations, be deemed to have been respectively done, taken, incurred,
acquired, appointed, authorized, empowered, created, made or issued under this
Ordinance and reference in any document to any of the provisions of the
said Resolution, or the rules or regulations made thereunder, shall, so
far as may be, deemed to be reference to the corresponding provisions of this
Ordinance, or the rules or the regulations made or deemed to have been
made thereunder; and
(c) any
rules or regulations made Under the said resolution shall, in so far as they
are not inconsistent with the provisions of this Ordinance or the rules or the
regulations made thereunder having regard to various matters which by
this Ordinance have to be regulated or prescribed by rules or regulations
respectively shall continue in force, until they are repealed, replaced,
rescinded or modified in accordance with the provisions of this Ordinance.
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