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Bangladesh Shilpakala Academy Act, 1989

An Act made to repeal the Shilpakala Academy Act, 1974, and to re-enact it with some amendments

Whereas it is expedient to repeal the Bangladesh Shilpakala Academy Act and to re-enact it with some amendments;

Therefore it is enacted as follows:-

1. Short title.- This Act may be called the Bangladesh Shilpakala Academy Act, 1989.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

(a) "Academy" means the Shilpakala Academy established under this Act;
(b) "Director-General" means the Academy's director-general;
(c) "Secretary" means the Academy's secretary;
(d) "Parishad" means the Parishad founded under section 5.

4. Regular Management.- The Parishad shall be endowed with the regular management and administration of the Academy, and the Parishad may use all the powers and take all the actions as may be used and taken by the Academy.

5. Parishad.- (1) The Parishad shall consist of the following members, namely:-

(a) the minister in charge of the ministry or department of culture who shall also be the chairman of the Parishad;
(b) the secretary in charge of the ministry or department of culture who shall also be the co-chairman of the Parishad;
(c) the secretaries of the ministries or departments of finance, education and information, or one representative from each of the said ministries or departments nominated by the said secretaries;
(d) the culture advisor of the ministry or department of culture;
(e) the director-general of the national broadcasting authorities, and successively the directors-general of the Bangla Academy and the National Museum;
(f) the director of the Institute of Fine Arts of Dhaka University, successively;
(g) one woman nominated by the Government who is an accepted personality on the fields of art, literature and culture;
(h) the Vice-chancellor of Dhaka University, successively;
(i) an editor of a national daily newspaper nominated by the Government;
(j) one eminent private person from every administrative division nominated by the Government;
(k) three persons, respectively one from the fields of music, dance and theatre nominated by the Government;
(l) the supervisor of the Academy who shall also be the secretary of the Parishad;
(m) three Members of Parliament nominated by the Government.

7. Powers and responsibilities of the Academy.- The Academy shall have the following powers and responsibilities, namely:-

(a) effectuating the uplift, growth and circulation of national culture and practise in accordance with national aspirations, and creating favourable conditions for their uplift;
(b) inviting workshops, seminars and discussions through talented, learned and skilled artists;
(c) providing for short-time higher training in the special fields of fine arts or culture or for the purpose of practicing excellence in manners;
(d) providing for training of art students for the purpose of achieving the development of talent;
(e) providing financial help in a procedure determined by regulation, for talented students in need, especially in the fields of dance and vocal and instrumental music;
(f) finding out unknown or ill-known talented artists and providing favourable conditions for the development of their talent;
(g) evaluating the contribution of institutions dedicated to fine arts and culture, supplying financial help if deemed expedient, and helping to increase the efficacy of students and teachers of such an institution;
(h) inviting competition in artistic matters and reward expert artists;
(i) encouraging artistic discussion by showing films on various topics related to fine arts, that are either to be imported or to be produced;
(j) making known to the Bangladeshi artists and art-lovers the artistic skills of progressive foreign groups of artists by inviting them, in order to inform the Bangladeshi artists and art-lovers about newly invented skills and conceptions in the field of fine arts;
(k) organise cultural performances for national purposes;
(l) accepting research programmes of expert persons for the solutions of problems in the fields of fine arts and culture, and providing for the publication and selling of such papers;
(m) organising various performances and exibitions to present the country's art to the people;
(n) sending cuiltural/artistic groups to foreign countries, with the prior approval of the Government, in order to project Bangladeshi culture abroad;
(o) taking other actions incidental or supplementary to the actions mentioned above.

(a) Department of Fine Arts;
(b) Theatre Department;
(c) Music and Dance Department;
(d) Planning Department;
(e) Department of Photography;
(f) Department of Administration and Finance.

9. Director-General.- (1) The Academy shall have a director-general.
(2) The director-general shall be appointed by the Government, and the conditions of his service shall be determined by the Government.
(3) If the director-general's post is vacant, or if for reasons of sickness or others the director-general is unable to discharge his functions, the secretary shall function as director-general until either a newly appointed director-general takes up work or the director-general becomes again able to discharge his functions.
(4) The director-general shall be the Academy's permanent main executive officer, and he-

(a) shall exercise the powers and discharge the functions given by the Parishad;
(b) shall be responsible for the implementation of the Parishad's resolutions;
(c) shall manage the Academy's administration.

11. The director and other officers and employees.- (1) The Academy may appoint directors in necessary numbers for the management of its departments.
(2) The Academy may appoint other officers and employees in order to discharge its functions well.
(3) The conditions of appointment and service of the directors and the other officers and employees shall be determined by regulation.

12. Meetings of the Parishad.- (1) The Parishad shall hold a meeting at least once in three months, and the chairman shall determine date, time and place of the meeting.
(2) If it seems expedient, the chairman may at any time summon special meetings of the Parishad.
(3) The presence of at least nine members shall render the meeting valid.
(4) Every member of the Parishad shall have one vote, and in case of equality of votes the chairman of the meeting shall have a casting vote in addition to his own.

13. Executive committee.- (1) The Academy shall have an executive committee to help the supervisor in discharging his functions.
(2) This committee shall consist of not more than seven members to be elected by the Parishad.
(3) The supervisor shall be the committee's chairman, and the secretary its secretary.
(4) The committee shall hold a meeting at least once every month, but the chairman may summon special meetings whenever it seems expedient.

14. Selling of Academy's properties.- If it seems necessary in the interest of the Academy, the Parishad may with the prior approval of the Government, sell or transfer in other ways any property of the Academy.

15. The Academy's fund.- (1) The Academy shall have a fund in which governmental grants, grants from local authorities and other institutions, and any other money acquired by the Academy shall be comprised.
(2) This fund shall be deposited in the name of the Academy at any bank approved by the Parishad.
(3) Necessary expenses of the Academy shall be met from this fund.

16. Annual budget statement.- The Academy shall every year within a determined time present a budget account for the following year to the Government, and therein shall be mentioned to what extent the Academy shall need money from the Government in the said year.

17. Accounts and audit.- (1) The Academy shall accurately make its accounts and prepare an annual report. (2) The controller and auditer-general of Bangladesh, hereinafter referred to as auditer-general, shall examine the accounts of the Academy every year, and shall present one copy each of his examination to the Government and to the Academy.
(3) According to sub-section(2), the auditer-general any other person put into charge by him, may, for the purpose of examination, audit any record, document, manuscript, cash money or money deposited on banks, security, storage house or properties of other kinds, and may question the chairman, members, director-general, directors, secretary or any other officer or employee of the Academy.

18. Report.- The Government may require any report on whatever subject from the Academy, and the Academy shall be obliged to transmit it to the Government.

19. Delegation of powers.- (1) The Parishad may, under well-defined conditions, delegate whatever power or responsibility to the supervisor.
(2) Apart from the powers under sub-section(1) the supervisor may under well-defined conditions, delegate the powers he possesses in accordance with the provision of this Act.

20. Power to make regulations.- The Academy may, with the prior approval of the Government, make regulations for the purpose of this Act.

21. Repeal and savings.- (1) The Bangladesh Shilpakala Academy Act, 1974 (XXXI of 1974), hereinafter referred to as the said Act, is herewith repealed.
(2) With the repeal of the said Act-

(a) the Bangladesh Shilpakala Academy, established under the said Act and hereinafter referred to as the abolished Academy, is abolished.
(b) All properties, rights, powers and conveniences, and all immovable and movable properties, cash money and money on bank accounts and all other claims and rights shall be handed over to the Academy, and the Academy shall have the rights over them.
(c) Whatever loans, debts and responsibilities the abolished Academy had, all these shall be the Academy's.
(d) All suits that were filed by or against the abolished Academy shall be deemed to have been filed by or against the Academy.
(e) All officers and employees of the abolished Academy shall be transferred to the Academy, and they shall be deemed officers and employees appointed by the Academy, and they shall be appointed under the same conditions of service under the Academy which they had before being transferred, until the Academy changes them.