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The Pakistan Academy of Letters' Act, 2013

Act IX of 2013 · 9 pages

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                                                                  Updated till 4-4-2022




                     The Pakistan Academy of Letters’ Act, 2013




                                          CONTENTS
                                           ________
SECTIONS:

1.    Short title, extent and commencement
2.    Definitions
3.    Establishment of the Academy
4.    Board of Governors
5.    Functions and powers of the Board
6.    Delegation of powers
7.    Meeting of the Board
8.    Chairman of the Academy
9.    Privileges and perquisites of the Chairman of the Academy
10.   Director-General of the Academy
11.   Committees of the Academy
12.   Powers and functions of the Academy
13.   Appointment of employees, experts, etc., by the Academy
14.   Employees, experts, etc., to be public servants
15.   Pakistan Academy of Letters Fund
16.   Budget
17.   Audit and accounts
18.   Submission of yearly reports and returns
19.   Power to make rules
20.   Power to make regulations
21.   Indemnity
22.   Authorities to aid the Academy
23.   Removal of difficulties
24.   Repeal and savings




                                            Page 1 of 9
                           The Pakistan Academy of Letters’ Act, 2013
                                                       ACT No. IV OF 2013
                                                                                         [22nd February, 2013]
                         An Act to establish the Pakistan Academy of Letters
       WHEREAS it is expedient to establish the Pakistan Academy of Letters to provide for
promotion of Pakistani language, literature and for welfare of writers’ community throughout
Pakistan and to provide for matters connected therewith or ancillary thereto;

       It is hereby enacted as follows:—

      1. Short title, extent and commencement.—(1) This Bill may be called the Pakistan
Academy of Letters’ Act, 2013.

       (2) It extends to the whole of Pakistan.

       (3) It shall come into force at once.

       2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

                    (a)        “Academy” means the Pakistan Academy of Letters;
                    (b)        “Board” means the Board of Governors of the Academy;
                    (c)        “Chairman of the Board” means Chairman of the Board;
                    (d)          “Chairman of the Academy” means the Chairman of the Academy who shall
                                 be its chief executive;
                    (e)        “Director-General” means the Director-General of the Academy;
                    (f)          “employees” means an employee in the whole time employment of the
                                 Academy;
                    (g)        “Member” means a member of the Board;
                    (h)        “prescribed” means prescribed by rules;
                    (i)        “rules” means the rules made under this Act; 1[*]
                    (j)        “regulations” means the regulations made under this Act 1[; and]
                    1
                        [(k)   “secretary” means secretary of the division concerned.]

       3. Establishment of the Academy.—(1) The Pakistan Academy of Letters as reconstituted in
accordance with the provisions of this Act shall be a body corporate having perpetual succession and
common seal and power to acquire, hold and dispose of property.
       (2) The Academy shall be an autonomous body.
       (3) The main office of the Academy shall be at Islamabad and the Academy may set-up its
regional offices at such place or places as it may deem appropriate.


       1
           Omitted, subs. and added by Act, XXXIX of 2021, s. 2.


                                                               Page 2 of 9
       4. Board of Governors.—(1) The 1[division concerned] shall, by notification in the official
Gazette, constitute a Board of Governors of the Academy consisting the following, namely:—

       (a)           Chairman, Pakistan Academy of Letters, Islamabad.               Chairman
       1
           [(b)      joint secretary of the division concerned]                      Ex-officio Member

       (c)           One representative, not below the rank of Joint Secretary,      Ex-officio Member
                     of Ministry of Finance.

       (d)           representative of Higher Education Commission (HEC)              Member
                     (Not below the rank of a BS-20 officer).

       (e)           one representative of each of the provinces                Ex-officio Members
                      (to be nominated by the Provincial Government concerned).

       (f)           two representatives of the areas not forming part of any         Ex-officio Members
                     Province (to be nominated by name by the Minister
                     concerned) one from Islamabad Capital Territory and one
                      from 1[Azad Jammu and Kashmir and Gilgit-Baltistan]
                      by rotation)

       (g)           a man of letters of English language to be nominated by the      Member
                     Minister Concerned.

       (h)           a man of letters of Urdu language to be nominated by the         Member
                     Minister concerned.

       (i)           one man of letters of each of at least six regional languages    Member
                      to be nominated by the Minister concerned.

       (j)           Director-General, Pakistan Academy of Letters.                    Member

       (2)           The Director-General shall also act as Secretary of the Board.

        (3) The term of Members of Board of Governors except ex-officio Members, shall be three
years and the Members shall be eligible for reappointment for such term, or terms as the Government
may determine but shall cease to hold office on attaining the age of sixty-five years or the expiry of
the term, whichever is earlier.

       1
           Subs. by the Act, XXXIX of 2021, s. 3.




                                                    Page 3 of 9
        5. Functions and powers of the Board.—(l) The Board shall be responsible for setting of
objectives and policy guidelines of the Academy with the powers and functions provided in section
12.
        (2) The general direction and administration of the Academy and its affairs shall vest in the
Board which shall exercise all powers, perform all functions and do all acts and things which may be
exercised, performed or done by the Academy under this Act.
        (3) In particular and without prejudice to the generality of the foregoing powers, the Board
shall,—
                (a)     promote a modern system for the promotion of Pakistani languages, literature
                        and welfare of the writers’ community in the country;
                (b)     approve policies, plans and programmes of the Academy; and
                (c)     formulate procedures and necessary framework for utilization of funds
                        generated or acquired through services, donations or grants, etc.
        6. Delegation of powers.___ The Board may, by general or special orders in writing subject to
such limitations, restrictions or conditions, delegate all or any of its powers and functions to the
Chairman of the Academy or Director-General of the Academy.
        7. Meeting of the Board.—(1) Save as hereinafter provided, the Board shall regulate the
procedure for its meetings.
        (2) The meetings of the Board shall be convened by and under the directions of the Chairman
of the Board:
        Provided that the 1[Division concerned] may direct convening of a meeting of the Board at
any time on any matter requiring a decision by the Board.
        (3) The meeting of the Board shall be held at least twice a year.
        (4) A simple majority of the total membership shall constitute the quorum for a meeting of
the Board.
        (5) The decision of the Board shall be made by simple majority of the members present and
voting
        8. Chairman of the Academy.—(1) The Chairman of the Academy shall be an eminent
professional of known integrity, reputation, competence and expertise in the field of Pakistani
languages and literature.
        (2) The Chairman of the Academy shall be appointed by the 2[Prime Minister or a person
authorized by him] on such terms and conditions as it may be deem appropriate and shall hold the
office for a period of three years.
        (3) The Chairman of the Academy shall be the chief executive of the Academy. He shall
directly oversee the Director-General in the performance of his duties and responsibilities under this
Act, shall guide and direct him, as deemed necessary and shall liaise and consult with the
Government, on behalf of the Board, for carrying out the purposes of this Act.

       (4) The Chairman of the Academy may resign his office by writing under his hand addressed
      1
to the [Prime Minister or a person authorized by him].

      9. Privileges and perquisites of the Chairman of the Academy.____ The Chairman of the
Academy shall be entitled to such privileges and perquisites as may be prescribed by rules.

          1
              Subs. by the Act, XXXIX of 2021, s. 4.
          2
              Subs. by the Act, XXXIX of 2021, s. 5.


                                                       Page 4 of 9
       10. Director-General of the Academy.___ (1) There shall be a Director-General who shall be
appointed by the 1[Prime Minister or a person authorized by him] on such terms and conditions as
may be prescribed.

       (2) The Director-General shall comply with such directions that the 1[division concerned] or
the Board may give from time to time.

        (3) The Director-General shall be entitled to such remuneration and privileges as may be
prescribed.

        11. Committees of the Academy.—The Academy may, for carrying out its functions,
constitute such committees as may be considered appropriate.

        (2) The membership of a committee and conduct of business thereof shall be such as may be
prescribed by regulations.

        12. Powers and functions of the Academy.____ The powers and functions of the Academy
shall be to,—

                     (a)       administer and coordinate all government systems for the promotion of
                               Pakistani languages, literature and welfare of writer’s community in the
                               country under provisions of this Act and the rules and regulations made there
                               under;

                     (b)       advise the Federal Government on policy relating to promotion of Pakistani
                               languages, literature and welfare of writers’ community in the country;

                     (c)       determine research priorities in the field of language or literature and to
                               undertake research projects;

                     (d)       evaluate the performance of the various learned bodies and institutions dealing
                               with literature and literary activities and to scrutinize and assess their new
                               projects and to release grants to them;

                     (e)       set up a bureau of translation for the translation of selected works from and
                               into national and the regional languages with a view to promote great cohesion
                               and intellectual understanding among the people of different regions of the
                               country;

                     (f)       promote and supervise the production of standard works of reference e.g.
                               dictionaries, encyclopedias etc., in the national and regional languages;

                     (g)       establish a language laboratory, a language library and a documentation centre
                               to facilitate work on the national and regional languages in consonance with
                               the ideology of Pakistan;
                     (h)       undertake or recommend suitable measures for the promotion of creative
                               writing in the national and regional languages in consonance with the ideology
                               of Pakistan;
       1
           Subs. by the Act, XXXIX of 2021, s. 6.


                                                     Page 5 of 9
              (i)       undertake or recommend suitable measures for the introduction of Pakistani
                        literature to the foreign readers;

              (j)       produce literary periodicals in Urdu, English and other Pakistani languages;

              (k)       provide an authoritative body of consultants for all matters relating to
                        language, literature and letters;

              (l)       nominate or recommend recipients for various literary awards and distinctions;

              (m)       represent or advise the Federal Government on international gatherings
                        relating to language, literature and letters;

              (n)       extend national recognition to eminent personalities for their services to
                        Pakistani languages, literature and letters and to undertake publication of
                        research work of national importance done by them;

              (o)       render monetary assistance to indigent writers and to safeguard the interests of
                        writers;

              (p)       provide for the printing and publication of literary works;

              (q)       recommend measures for the promotion of printing and publishing industry in
                        the country;

              (r)       create various posts and appoint persons thereto on such terms and conditions
                        as may be prescribed under regulations;

              (s)       govern and regulate the finances, accounts and investments of the Academy;

              (t)       liaise and interact with counterpart organizations in other countries for
                        capacity building and exchange of information;

              (u)       engage in human resource development of its officers and staff;

              (v)       carry-out such works or activities as may be deemed necessary with a view to
                        making the best use of its assets;

              (w)       co-ordinate implementation of foreign-aided technical assistance projects on
                        languages or literatures through 1[Division] concerned

              (x)       enter into, carry out, vary or cancel contracts; and

              (y)       perform and carry out any other thing or function relating to promotion of
                        Pakistani languages, literature and welfare of writers’ community in the
                        country assigned to it by the Board or the 1[division concerned].

1
    Subs. by the Act, XXXIX of 2021, s. 7.




                                               Page 6 of 9
       13. Appointment of employees, experts, etc., by the Academy.—(1) The Academy may,
with the prior approval of the 1[division concerned], create posts and may appoint such employees,
experts and consultants, as may be required for the function of the Academy on such terms and
conditions as may be prescribed under regulations.

       (2) The Academy, with the approval of the Board, shall devise procedures for the
appointment of its employees, experts and consultants.

        (3) The Academy, with the approval of the Board, shall determine the terms and conditions of
service of its employees, experts and consultants and shall also be competent to take disciplinary
action against them.

        14. Employees, experts, etc., to be public servants.—(1) The Chairman of the Academy,
Director-General, employees, experts, consultants of the Academy shall, when acting on purporting
to Act in pursuance of any of the provisions of this Act, be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

       (2) The regular employees of the Academy working immediately before commencement of
this Act shall be offered an option whether they or any one desire to continue to serve as civil
servants or to opt to become employee of the Academy. The employees shall convey their option
within six months of commencement of this Act. Option once exercised shall final and irrevocable.

        15. Pakistan Academy of Letters Fund.—(1) There shall be created a fund to be known as
Pakistan Academy of Letters Fund which shall vest in the Academy and shall be utilized by the
Academy to meet charges in connection with its functions under this Act including the payment of
salaries and other remuneration to the Chairman of the Academy, Director General, employees,
experts and consultants of the Academy.

      (2) The Pakistan Academy of Letters Fund shall be financed from the following sources,
namely:—

                     (a)       grants and loans made by the Federal Government or a Provincial
                               Government;
                     (b)       loans, aid and donations from the national or international agencies; and
                     (c)       revenue earned from the levy of various charges or fees, etc.

        (3) The Pakistan Academy of Letters Fund shall be kept in one or more accounts maintained
by the Academy, in local or foreign currency, in any branch of the National Bank of Pakistan and
shall be operated in accordance with the directions of the Board.

       16. Budget.—(1) The Academy shall, in respect of each financial year submit for approval of
the Federal Government, on such date as may be prescribed, a statement of the estimated receipts and
expenditure, including requirements of foreign exchange for the next financial year for provision of
annual funds for approval by the Federal Government. Head-wise budget will be approved by the
Board.
       1
           Subs. by the Act, XXXIX of 2021, s. 8.




                                                     Page 7 of 9
      (2) The 1[secretary of the division concerned] shall be the Principal Accounting Officer of the
Academy.

       (3) The Director-General shall be the Chief Accounting Officer of the Academy.

      17. Audit and accounts.—(1) The accounts of the Academy shall be maintained in the
manner prescribed by the Controller General of Accounts.

       (2). The Auditor-General of Pakistan shall conduct audit of the accounts of the Academy.

      (3) A copy of the audit report shall be submitted to the Board along with the comments of the
Academy.

        (4) The Board may issue directions to the Academy for the rectification of any item objected
to by the Auditor-General of Pakistan and the Academy shall comply with such directions.

        18. Submission of yearly reports and returns.—Within three months of the conclusion of
each financial year, the Academy shall submit an annual report to the 2[division concerned] in
respect of the activities of the Academy including the status of its existing programmes, projects and
further plans formulated in furtherance of its aims and objectives.

        19. Power to make rules.___ The 3[division concerned in consultation with the establishment
and finance divisions and all other concerned ministries and divisions] may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.

       20. Power to make regulations.—The Academy may, by notification in the official Gazette,
make regulations, not inconsistent with provisions of this Act or the rules, for exercising its powers
and carrying out its functions under this Act.

        21. Indemnity.___ No suit, prosecution or other legal proceedings shall lie against the Federal
Government or the Academy or any person acting under the Federal Government or the Academy for
anything which is in good faith done or intended to be done in pursuance of this Act or any rules or
regulation made there under.

       22. Authorities to aid the Academy.—All languages or literary or welfare authorities in the
Federation and the Provinces shall render such assistance to the Academy, as may be necessary, for
the promotion of Pakistani languages, literature and welfare of writers community in the country.

        23. Removal of difficulties.—If any difficulty arises in giving effect to any of the provisions
of this Act, the Federal Government may, for the purpose of removing such difficulty, make such
order, not inconsistent with the provisions of this Act, as it may consider expedient and any such
order shall be deemed to be, and given effect to, as a part of the provisions of this Act.

        24. Repeal and savings.—(1) The Ministry of Education’s Resolution No. 8-18/75/Cb, dated
the 7th July, 1976, hereinafter referred to as the repealed Resolution, is hereby repealed.
       1
         Subs. by the Act, XXXIX of 2021, s. 9
       2
         Subs. by the Act, XXXIX of 2021, s. 10
       3
         Subs. by the Act, XXXIX of 2021, s. 11




                                                  Page 8 of 9
(2) Upon the commencement of this Act,____

       (a)    all funds, properties, rights and interests of whatsoever kind issued, used,
              enjoyed, possessed, owned or vested in the Pakistan Academy of Letters in
              existence immediately before such commencement and all liabilities legally
              subsisting against the said Academy shall pass to the Academy as established
              under this Act;

       (b)    everything done, action taken, obligations or liabilities incurred, rights and
              assets acquired persons appointed or authorized jurisdiction or powers
              conferred, endowments, bequests, funds or trusts created, donations or grants
              made, orders issued under any of the provisions of the Acts, rules or
              regulations, applicable to the said Academy, shall remain in force and be
              continued and, having regard to the various matters which by this Act have to
              be regulated or prescribed by rules or regulations, be deemed to have been
              respectively done, taken, incurred, acquired, appointed, authorized, conferred,
              created, made, or issued under this Act and reference in any document to any
              of the provision of the said Acts or the rules or regulations made thereunder
              shall, so far as may be, be deemed to be reference to the corresponding
              provisions of this Act or the rules or regulations made or deemed to have been
              made thereunder; and

       (c)    any rules or regulations made under the repealed resolution shall, in so far as
              they are not inconsistent with the provisions of this Act or the rules and
              regulations made under this Act having regard to the various matters which by
              this Act have to be regulated or prescribed by rules or regulations respectively
              shall continue to be in force, until they are repealed, replaced, rescinded or
              modified in accordance with the provisions of this Act.

       (d)    Notwithstanding anything contained in any law, contract or agreement or in
              the terms and conditions of service, every person, other than employees of
              other Departments and members of regularly constituted Service Groups
              posted on deputation or employed in the Academy and serving in or under it
              immediately before the commencement of this Act shall cease to be civil
              servants and stand transferred to and become employees of the Academy on
              such terms and conditions as may be prescribed:

                      Provided the terms or conditions of the persons so transferred shall not
              be less favourable than those applicable to them before the commencement of
              this Act.

       (e)    Notwithstanding anything contained in any other law for the time being in
              force, no person who has been transferred to the Academy shall be entitled to
              any compensation on account of such transfer.




                               _________________



                                    Page 9 of 9


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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