The Nazaria-e-Pakistan Foundation Act, 1997 (Punjab Act No. XII of 1997)

Updated: Monday December 30, 2013/AlEthnien Safar 27, 1435/Somavara Pausa 09, 1935, at 05:54:19 PM

^{^[1]}^[1]The Nazaria-e-Pakistan Foundation Act, 1997

(Pb. Act XII of 1997)

[17 November 1997]

An Act to provide for the establishment of the Nazaria-e-Pakistan Foundation

Preamble.— Whereas it is expedient to establish the Nazaria-e-Pakistan Foundation for the purpose of taking over the functions, assets and liabilities of the Nazaria-e-Pakistan Trust and matters pertaining thereto;

It is hereby enacted as follows:---

1. Short title and commencement.— (1) This Act may be called the Nazaria-e-Pakistan Foundation Act, 1997.

(2) It shall come into force at once.

2. Definitions.— In this Act, unless the context other requires,---

(a) “Board” means the Board of Governors of the Foundation;

(b) “Foundation” means the Nazaria-e-Pakistan Foundation;

(d) ^{^[2]}^[2][* * * * * * * * * * * *]

(e) “Trust” means the Nazaria-e-Pakistan Trust registered under the Societies Registration Act (XXI of 1860).

3. Establishment of the Foundation.— (1) The Government may, by notification, establish a Foundation to be called the ‘Nazaria-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 property and shall by the said name sue and be sued.

4. Board.— (1) The management, over-all control and supervision of the affairs of the Foundation shall vest in a Board, which shall be appointed by the Government.

^{^[3]}^[3][(2) (a) The Board shall consist of not more than 24 founder members.

(b) The term of office of a member shall be 10 years.

(c) Vacancies in the Board shall be filled in by the Board and the term of office of the members so appointed shall be 3 years.

(3) (a) The Board shall elect one of its members as the Chairman of the Board.

(b) The term of office of the Chairman shall be 5 years.

(4) A member of the Board may be removed from his office by the Board by a vote of the majority of the members of the Board on the ground of misconduct or ineptitude or mental or physical incapacity after being given an opportunity of being heard.]

5. Secretary.— (1) There shall be a Secretary of the Foundation.

(2) The Secretary shall be appointed by the Government on such terms and conditions as it may determine.

(3) The Secretary shall be the Member-Secretary of the Board and Chief Executive of the Foundation and shall be responsible to the Board for carrying out the objectives of the Foundation.

6. Powers and functions.— (1) Subject to the provisions of this Act, and any rules framed thereunder, the Foundation may exercise such powers and take such measures as may be necessary for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing sub-section, the Foundation shall,---

(i) propagate and project the ideology of Pakistan;

(ii) preserve the spirit, memory and record of the Pakistan Movement;

(iii) trace, record and honour the contributions and sacrifices made for the establishment of Pakistan;

(iv) contribute to the endeavours to establish in Pakistan the promised social order based on Islam;

(v) promote national unity and fight against all forms of disunity and exploitation; and

(vi) work as a national, autonomous, ideological and democratic body to promote the aims and objects set out in the Objectives Resolution as enshrined in the Constitution.

^{^[4]}^[4][(3) The Board may set up Committees and Sub-committees and delegate any of its powers to such Committees or to any of its officers.]

7. Foundation fund.— There shall be a fund to be known as the Nazaria-e-Pakistan Foundation Fund which shall be vested in the Foundation and to which shall be credited all sums received by the Foundation.

8. Source of funds.— The Funds of the Foundation shall be derived from the following sources:---

(i) all moneys, rights, properties and assets standing in the name of the Trust;

(ii) grants of the Federal Government and the Provincial Governments;

(iii) contributions and donations from any source; and

(iv) such other sources as may be determined by the Government.

9. Budget, audit and accounts.— The budget of the Foundation shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed.

10. Officers, advisers, etc.— (1) The Foundation may appoint such officers, advisers, experts, consultants and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.

(2) All direct appointments shall be made on merit, determined through open competition, from amongst duly qualified persons.

11. Rules.— The Government may make rules for carrying out the purposes of this Act.

12. Regulations.— The Foundation may by notification make regulations, not inconsistent with the provisions of the rules, for the administration and management of the affairs of the Foundation.

13. Dissolution of Nazaria-e-Pakistan Trust.— On the establishment of the Foundation, the Trust shall stand dissolved and all its powers, rights, properties and assets shall vest in and its liabilities shall be the liabilities of the Foundation.

14. Repeal.— The Nazaria-e-Pakistan Foundation Ordinance, 1997 (XXIX of 1997) is hereby repealed.

[1][1]This Act was passed by the Punjab Assembly on 30th October, 1997; assented to by the Governor of the Punjab on 11th November, 1997; and, was published in the Punjab Gazette (Extraordinary), dated 17th November, 1997, pages 1879 to 1881.

[2][2]Deleted by the Nazaria-e-Pakistan Foundation (Amendment) Ordinance, 1999 (XLVII of 1999), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[3][3]Substituted by the Nazaria-e-Pakistan Foundation (Amendment) Ordinance, 1999 (XLVII of 1999), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[4][4]Added by the Nazaria-e-Pakistan Foundation (Amendment) Ordinance, 1999 (XLVII of 1999), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.