[1]THE
PUNJAB COUNCIL OF THE ARTS ACT, 1975
(Act XXIV of 1975)
[31 March 1975 ]
Preamble.– WHEREAS it is
expedient to provide for the establishment of a Punjab Council of the Arts for
the patronage, promotion and development of the arts and culture and for
matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be called the Punjab Council of the Arts
Act, 1975.
(2) It
extends to the whole of the Punjab .
(3) It
shall come into force at once.
2. Definitions.– In this Act, unless there is
anything repugnant in the subject or context–
(a) “Board” means the Board of Governors of the
Council constituted under section 4;
(b) “Chairman” means the Chairman of the Board;
(c) “Council” means Punjab Council of the Arts
established under section 3;
(d) “Executive Committee” means the Executive
Committee of the Council;
(e) “Executive Director” means the Executive
Director of the Council;
(f) “Government” means the Government of the Punjab ; and
(g) “patron” means the patron of the Council.
3. Establishment of the Council.– (1) As soon as
may be after the commencement of this Act, the Government may, by notification
in the official Gazette, establish a Council to be called the Punjab Council of
the Arts.
(2) The Council shall be a body corporate
having perpetual succession and a common seal with power to acquire, hold and
dispose of property, both movable and immovable, and shall sue and be sued, by
the said name.
4. Board
of Governors.–
(1) The management, over-all control and supervision of the affairs of the
Council shall vest in a Board of Governors consisting of the following members,
namely:-
(a) The Chief Minister, Government of the Punjab : Patron;
(b) The Minister incharge of Information, Culture
and Tourism, Government of the Punjab :
Chairman;
(c) Secretary to Government, Department of
Information, Culture and Tourism: Vice-Chairman;
(d) five members [2][including at least two female members] of the Provincial Assembly of the Punjab ;
(e) a nominee of the Federal Ministry of Education;
(f) Secretary to Government, Finance Department;
(g) Chairman, Lahore Museum, Lahore ;
(h) Director, Public Relations, Government of the Punjab ;
(i) Principal, National College of Arts, Lahore ;
(j) Head, Department of Fine Arts, University of
the Punjab, Lahore ;
(k) all Executive Heads of Divisional Councils of
Arts; and
(l) sixteen persons [3][including at least five women] to be nominated by the Chairman
from amongst outstanding scholars and artists in the fields of performing arts,
plastic arts and literature, including four women and also including four
persons to be nominated in consultation with representative Associations of
artists, duly recognised by the Government.
(2) The
Board shall have power to co-opt members from amongst persons who are
specialists in their respective fields for advice on particular projects and
matters under consideration.
(3) The members of the Board, excepting the ex-officio members, shall hold office
for a term of three years and shall be eligible for re-nomination.
(4) A
member of the Board, excepting the ex-officio
member, may, by writing under his hand addressed to the Chairman, resign his
office.
(5) The
Chairman may remove any member of the Board nominated by him without assigning
any reason.
(6) Any casual vacancy in the office of a
member of the Board shall be filled by a person nominated by the Chairman and
the person so nominated shall hold office for the unexpired period of the term
of his predecessor.
5. Executive
Committee.–
The Council shall have an Executive Committee consisting of the following
members:-
(a) Secretary to Government, Information, Culture
and Tourism Department: Chairman;
(b) Director, Public Relations, Government of the Punjab : Vice-Chairman;
(c) four eminent artists and scholars to be
nominated by the Chairman from amongst the members of the Board;
(d) two members of the Punjab Provincial Assembly
to be nominated by the Chairman from amongst the members of the Board;
(e) Secretary to Government, Finance Department or
his nominee; and
(f) Executive Director of the Council:
Member-Secretary.
6. Quorum.– (1) Four
members, including the Chairman or the Vice-Chairman, shall constitute quorum
at the meeting of the Executive Committee.
(2) In
the absence of the Chairman, the Vice-Chairman shall preside at the meetings of
the Executive Committee and shall exercise all powers of the Chairman.
7. Functions
of the Executive Committee.– (1) The business of the Council shall be conducted by the
Executive Committee or by such member or members authorised by the Executive
Committee to act on its behalf in the manner approved by it.
(2) The
Executive Committee shall have power to incur all expenditure out of the funds
of the Council for execution of its business and activities in accordance with
the aims and objects of the Council.
(3) The
Executive Committee may delegate its powers to the Chairman or the
Vice-Chairman of the Executive Committee or a sub-committee to be appointed by
the Chairman of the Executive Committee.
(4) The
Executive Committee shall have power to create posts and appoint persons
thereto to carry out its duties and functions on such terms and conditions as
it may determine.
(5) The
Executive Committee shall meet at least four times in a year.
8. Executive
Director.–
(1) There shall be an Executive Director who shall be appointed by the Chairman
of the Council on such terms and conditions as the Chairman may determine from
time to time.
(2) The
Executive Director shall be the Chief Executive of the Council and shall be
responsible to the Board and the Executive Committee for carrying out the
objectives of the Council.
(3) The
Executive Director shall act as Secretary to the Board and to the Executive
Committee.
(4) The
Executive Director, if he is not a Government employee, may resign his office
by writing under his hand addressed to the Chairman.
9. Headquarters.– The head quarters of the Council
shall be at Lahore .
10. Functions.– The Council shall–
(a) advice the Government on all matters of policy
relating to artistic and cultural activity;
(b) adopt measures for improving knowledge,
understanding and practice of the arts;
(c) co-ordinate, evaluate and supervise the
activities of the Arts Councils and such other artistic, cultural and literary
organizations as are in receipt of subsidy or grant directly or indirectly from
the Federal or the Provincial Government;
(d) set up Divisional and District Arts Councils;
(e) plan, establish and manage at academies, folk
museums, exhibition halls, art galleries, auditorial and similar other
institutions;
(f) organize cultural ensembles, exhibitions of
plastic arts and crafts, cultural fairs and festivals and similar other
activities;
(g) help establish and organise provincial/local
artists equities;
(h) arrange registration of cultural organizations
with a view to extending assistance to them and regulating their activities; and
(i) perform any other function in the field of the
arts, culture entrusted to it by the Government:
[4][Provided that no art shall be
patronized by the Council which has the tendency to inculcate or advance
eroticism, indecency, immorality or obscenity.]
11. Funds.– The funds of the Council shall be
derived from the following sources, namely:-
(i) grants from the Federal Government;
(ii) grants from the Provincial Government;
(iii) contributions and donations from individuals,
local bodies, corporations, institutions, organizations and agencies;
(iv) income derived from the activities of the
Council; and
(v) any other source approved by the Executive
Committee.
12. Audit of accounts.– The accounts of the Council shall
be audited in such manner as Government may direct from time to time.
13. Powers to take over Arts Councils and other
cultural bodies.–
(1) Government may, as and when required in public interest, take over
premises, functions, assets and liabilities of an Arts Council or any other body
engaged in carrying out literary, cultural or artistic activities:
[5][Provided that no order of such
acquisition shall be made without giving an opportunity of being heard to the
person or persons or body running the Arts Council whose property is sought to
be acquired].
[6][(1-A) Where any land, building or other property of an Arts Council or
any other body engaged in carrying out literary, cultural or artistic
activities, is taken over by the Government under sub-section (1), the amount
of compensation to be awarded shall be determined by the Collector on the basis
of the factors and considerations laid down in the Land Acquisition Act, 1894
(I of 1894)].
(2) Where it appears to the Council that
an organization engaged in artistic or cultural activity, which is in receipt
of any grant directly or indirectly from the Federal or Provincial Government
is conducting its activities in a manner contrary to the policy laid down by
the Council or is in any other way mismanaging its affairs, the Council may and
where the Government so directs, shall hold an enquiry into the affairs of such
organization and submit a report to the Government along with its
recommendations for consideration and such action as Government may deem fit in
that behalf.
14. Power to make rules.– Government may, by notification in
the official Gazette, make rules to carry out the purposes of this Act.
15. Power to make regulations.– The Council
may make such regulations as it may consider necessary for carrying the
provisions of this Act into effect.
16. Repeal of Punjab
Ordinance No. II of 1975.– The Punjab Council of
the Arts Ordinance, 1975 (Ordinance No. II of 1975), is hereby repealed.
[1]This Act was
passed by the Punjab Assembly on 18th February 1975; assented to by the
Governor of the Punjab on 31st March, 1975; and, published in the Punjab
Gazette (Extraordinary), dated 31st March, 1975, pages 237-G to 237-L.
[4]Added by the Punjab Council of the Arts (Amendment) Ordinance, 1984
(XI of 1984).
[5]Added by the Punjab Council of the Arts (Amendment) Ordinance, 1984
(XI of 1984).
[6]Added by the
Punjab Council of the Arts (Amendment) Ordinance, 1983 (XVI of 1983) and
substituted by the Punjab Council of the Arts (Amendment) Ordinance, 1984 XI of
1984).
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