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THE
(Pb Act XIX of 1976)
C O N T E N T S
Sections
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Declaration of any area to be a city and alteration of the limits thereof.
4. Application
of this Act and establishment of an Authority.
5. Disqualification of members.
6. Meetings.
CHAPTER II
POWERS AND FUNCTIONS
OF THE AUTHORITY
7. Powers and functions of Authority.
8. Delegation.
9. Appointment of officers and employees.
10. Committees.
CHAPTER III
DIRECTOR-GENERAL
11. Appointment and terms of office.
CHAPTER IV
PREPARATION AND
EXECUTION OF SCHEMES
12. Preparation of schemes.
13. Modification of schemes.
14. Power to give directions.
15. Power to execute any schemes.
CHAPTER V
GENERAL
16. Directions by Government.
16-A. Transfer of functions, etc.
17. Controlled area.
18. Power to act as local council.
19. Power to remove sources of pollution.
20. Beautification.
21. Borrowing money.
22. Power to levy betterment fee.
23. Assessment of betterment fee.
CHAPTER VI
ACQUISITION
24. Liability to acquisition.
25. Application of Act No. VIII of 1973.
CHAPTER VII
FINANCE, ACCOUNTS AND AUDIT
26. Authority Fund.
27. Rates and fees.
28. Fees on tubewells.
29. Accounts.
30. Budget.
31. Audit.
CHAPTER VIII
PENALTY AND PROCEDURE
32. Penalty and procedure.
33. Causing damage to property and disobedience of orders.
34. Cognizance of offence by courts.
CHAPTER IX
MISCELLANEOUS
35. Annual report.
36. Recovery of dues.
37. Conversion of property to a different use.
38. Summary ejectment of unauthorised occupants.
39. Removal of building etc. erected or used in contravention of this Act.
40. Members, officers and employees to be public servants.
41. Immunity of the Authority and its employees.
42. Jurisdiction of courts barred.
43. Power to make rules.
44. Power to make regulations.
45. This Act to prevail over other laws.
46. Authority to replace the Improvement Trust.
CHAPTER X
REPEAL
47. Repeal and savings.
48. Repeal of Pb. Ordinance No. XI of 1976.
[1]THE
(Pb Act XIX of 1976)
[
An Act to provide for
the development of cities in the
Preamble.– WHEREAS it is expedient in the public interest to establish a comprehensive system of planning and development in order to improve the quality of life in the cities of the Punjab, establish an integrated development approach and a continuing process of planning and development, to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes, relating to the improvement of the environment of housing, industrial development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal and matters connected therewith and incidental thereto:
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.– (1) This Act may be called the Punjab Development of Cities Act, 1976.
(2) It
shall extend to the whole of the Province of the
[2][(3) It applies to the cities of
2. Definitions.– In this Act, unless the context otherwise requires–
(a) “agency” means an agency established by the Authority to perform one or more of its functions under this Act;
(b) “area” means the whole or any part of the city;
(c) “Authority” means the Development Authority created under section 4 of this Act;
(d) “Chairman” means the Chairman of the Authority;
(e) “City” means an area declared by the Government to be a city for the purpose of this Act;
(f) “Controlled Area” means an area notified as such by the Authority;
(g) “[4][District Coordination Officer]” means the
[5][District Coordination Officer] of the district
concerned and includes any other officer appointed by the Authority to exercise
all
or any of the powers and discharge any of the functions under this Act;
[6][(gg) “District Government” means District Government consisting of Zila Nazim and District Administration as provided in section 13 of the Punjab Local Government Ordinance, 2001 (XIII of 2001);
(h) “Government” means the Government of the
(i) “Government Agency” includes:-
(i) a division, department, bureau, section, commission, board, office, or unit of the Government;
[7][(ii) a local government as defined in the Punjab Local Government Ordinance, 2001 (XIII of 2001);]
(iii) a developmental or any other public authority, company or corporation (whether autonomous or semi-autonomous) owned or controlled by Government or a [8][local government];
(j) “land” includes earth, water and air, above, below or on the surface and any improvements in the structure customarily regarded as land and benefits arising out of land and things attached to earth or permanently fastened to earth;
(k) “member” means a member of the Authority and includes its Chairman;
[9][(kk) “Nazim” means Zila Nazim or Tehsil Nazim, as
the case may be;]
(l) “person” includes an individual, company, firm, cooperative society or association of individuals whether incorporated or not; [10][* * *]
(m) “prescribed” means prescribed by rules or regulations [11][; and]
[12][(n) “Tehsil Municipal Officer” means Tehsil Municipal Officer of the Tehsil Municipal Administration concerned.]
3. Declaration of any area to be a city and alteration of the limits thereof.– (1) For the purpose of this Act, the Government may, by notification, declare any area to be a city.
(2) The Government may, at any time, extend, curtail or otherwise alter the limits of a city.
4. Application of this Act and establishment of an Authority.– (1) The Government may [13][* * *] establish an Authority for the city to which this Act has been applied [14][:]
[15][Provided that in the case of the cities of Multan and Lyallpur[16] declared as such under sub-section (1) of section 3 of the Punjab Development of Cities Ordinance, 1976 (XI of 1976), the Multan Development Authority and the Lyallpur[17] Development Authority shall be deemed to have been validly established with effect from the 22nd of October, 1976.]
(2) The Authority shall be known by the name as may be specified by the Government.
(3) The Authority shall be a body corporate, having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire, hold and transfer property both movable and immovable, and may, by its name sue or be sued.
[18][(4) The Authority shall consist of:
(a) Tehsil Nazim of the Tehsil Municipal
Administration (TMA) in which maximum area falling within the jurisdiction of
the Authority
is located. |
Member/ Chairman |
(b) Tehsil Municipal Officers of the TMAs whose
areas fall within the jurisdiction of the Authority. |
Members |
(c) Director General of the Authority. |
Member |
(d) Representative of the Planning and
Development Board, |
Member |
(e) Representative of the Finance Department. |
Member |
(f) Representative of the Housing, Urban
Development and Public Health Engineering Department. |
Member |
(g) Representative of the Local Government and
Rural Development Department. |
Member |
(h) Representative
of the District Government concerned. |
Member |
(i) Managing Director of the Water and
Sanitation Agency (WASA). |
Member] |
[19][(5) The membership of the Authority may be altered, increased or decreased by the Tehsil Municipal Administration, in which maximum area falling within the jurisdiction of the Authority is located, with the approval of Government.]
(6) [* * * * * * * * * * *]
(7) No
act or proceedings of the Authority shall be invalid merely by reason of any
vacancy in, or defect in, the constitution of the
Authority.
[20][(8) The
Government may designate one or more members of the Authority as Vice Chairman.
(9) A
Vice Chairman shall perform such functions as may be assigned to him by the
Authority.]
5. Disqualification of members.– No person shall be, or shall continue to be a member who–
(a) is or, at any time, has been convicted of an offence involving moral turpitude; or
(b) is or, at any time, has been adjudicated insolvent; or
(c) is found to be a lunatic or of unsound mind; or
(d) is a minor; or
(e) has a financial interest in any scheme or a conflicting interest, directly or indirectly, between his interests as a member and his private interest, and has failed to disclose such interest in writing to the Government.
6. Meetings.– (1) The Authority shall meet at such place and at such time and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed.
[21][(2) The meetings of the Authority shall be presided over by –
(i) the Chairman;
(ii) in the absence of the Chairman, the Vice Chairman;
(iii) in case there are more than one Vice Chairmen, in accordance with such priority as may be determined by the Authority; and
(iv) in the absence of the Chairman as well as the Vice Chairman, by a member of the Authority elected for the purpose by the members present, from amongst themselves.]
CHAPTER II
POWERS AND FUNCTIONS
OF THE AUTHORITY
7. Powers and functions of Authority.– (1) Subject to the provisions of this Act and any rules framed thereunder, the Authority 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 provisions of the foregoing sub-section, the Authority may–
(i) initiate
and maintain a continuous process of comprehensive development planning for the
area with the objective of preparing a development
plan;
(ii) periodically update such a development plan and coordinate its implementation by the Authority or Government agencies within the area;
(iii) develop, operate and maintain water supply, sewerage and drainage system within the area;
(iv) prepare Annual
Development Programme for the area, ensure compliance of the Annual Development
Programme with priorities established
in the development plan after its
preparation and evaluate performance under the Annual Development Programme at
the end of each
year;
(v) establish,
maintain and periodically revise as necessary, planning controls and building
regulations for the area to:-
(a) provide appropriate urban design and protect public safety; and
(b) ensure compliance with the development plan after its preparation.
(vi) prepare, implement and
enforce schemes for environmental improvements, housing, urban renewal
including slums improvement and re-development,
solid waste disposal,
transportation and traffic, health and education facilities and preservation of
objects or places of historical,
archaeological, scientific, cultural and
recreational importance;
(vii) take any steps or adopt any measures for the face lifting and beautification of the area;
(viii) acquire property, both movable and immovable;
(ix) sell, lease, exchange or otherwise dispose of any property vested in it;
(x) undertake any works and incur any expenditure;
(xi) procure machinery instruments or any other material required by it;
(xii) enter into contracts;
(xiii) cause studies, surveys, experiments, technical researches or contribute towards the cost of any such studies, surveys, experiments or technical researches made by any other Agency;
(xiv) issue interim development order for the area for which a scheme is under preparation and restrict or regulate by general or special order, any change in the use of land and alteration in building structure and installation;
(xv) seek and obtain advice
and assistance for the preparation of any scheme, or for the execution of any
scheme from any Government agency
or person and such agency or person shall
give the advice and assistance sought by the Authority to the best of its
ability, knowledge
and judgement and the additional expenditure, if any,
involved in giving such advice or assistance shall be borne by the Authority;
and
(xvi) establish an agency/agencies and entrust to it such powers and functions as it may deem fit with the approval of the Government.
8. Delegation.– The Authority may, by general or special orders, delegate to the Director-General or a Committee constituted under section 10 or a member or an officer of the Authority, any of its powers, duties or functions under this Act, subject to such conditions as it may think fit to impose.
9. Appointment of officers and employees.– The Authority may appoint such officers, advisors, 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.
10. Committees.– The Authority may constitute such financial, technical and advisory committees as may be deemed necessary for carrying out the purposes of this Act and such committees shall exercise such powers and perform such functions as may be delegated or assigned to them by the Authority.
CHAPTER III
DIRECTOR-GENERAL
11. Appointment and terms of office.– (1) The Director-General shall be appointed by Government on such terms and conditions as may be determined by the Government.
(2) The Director-General shall be the Chief Executive of the Authority and shall–
(a) be a whole time [22][or part time] officer of the Authority; and
(b) perform such duties as may be assigned to him and exercise such powers as may be delegated to him by the Authority.
CHAPTER IV
PREPARATION AND
EXECUTION OF SCHEMES
12. Preparation of schemes.– (1) The Authority shall, in such form and in such manner as may be prescribed, prepare schemes for the area or any part thereof and execute or have them executed in the prescribed manner.
(2) All such schemes prepared by the Authority
shall be submitted to the Government for its approval, except those schemes,
the provisional
estimated cost of which does not exceed such limit as may be
prescribed by rules or for which no loan or grant is required from the
Government.
(3) The Authority shall publish the sanctioning of any scheme in the official Gazette.
(4) The publication of a sanction under
sub-section (3), shall be conclusive evidence that the scheme has been duly
framed and sanctioned.
(5) No planning or development scheme shall be
prepared by any person or
[23][local government as defined in the Punjab Local
Government Ordinance, 2001 (XIII of 2001)] or Government agency within the area
except
with the concurrence of the Authority.
[24][(6) In every scheme provision for a plot or plots for mosques shall be made.]
13. Modification of schemes.– Any scheme prepared under this Act, may at any time, be amended, modified or abandoned by the Authority, in such form and in such manner as may be prescribed.
14. Power to give directions.– (1) The Authority may require a Government agency within whose jurisdiction any particular locality or aspect of development covered by a scheme lies:-
(a) to execute a scheme in consultation with the Authority;
(b) to take over and maintain any of the works
and services in the area.
(c) to provide any amenity in relation to the land which in the opinion of the Authority ought to be provided; and
(d) to enforce regulations, on behalf of the Authority.
(2) The expenditure incurred on the execution of
any scheme or on the taking over or maintenance of any work, or the enforcement
of regulations,
under this section, shall be borne as may be agreed to between
the Authority and the Government agency and in the event of disagreement,
as
may be determined by the Government within a prescribed period.
15. Power to execute any schemes.– (1) Where the Authority is satisfied that any direction given by it under sub-section (1) of section 14, with regard to any scheme, has not been carried out by the Government agency, the Authority may, itself undertake any works for the execution of that scheme and the cost thereof shall be borne as may be agreed between the Authority and the Government agency and in the event of disagreement, as may be determined by the Government.
(2) Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purpose of execution of such work, all the powers which may be exercised under any law for the time being in force, by the Government agency concerned.
CHAPTER V
GENERAL
16. Directions by Government.– The Authority shall, in discharging its functions, act and be guided, by such directions as Government may give to it from time to time.
[25][16-A. Transfer of functions, etc.– Where the Authority ceases to perform a function and another organization controlled by the Government assumes that function, the Government may direct–
(i) that the servants of the Authority connected with that function shall become servants of the said organization on such terms and conditions as the said organization may determine, subject to the condition that the said terms and conditions are not less favourable than those admissible to them as servants of the Authority; and
(ii) that such part of the Fund of the Authority as the Government may determine shall stand transferred to the said organization.]
17. Controlled area.– The Authority may issue in respect of a controlled area such directions as it considers fit and appropriate and do all such things as may be necessary for the prevention of haphazard growth, encroachments and unauthorised constructions in such area.
18. Power to act as local [26][government].– The Government may, by a notification in the official Gazette, authorise the Authority to exercise and perform such powers and functions as a local [27][government] may exercise and perform in relation to its local area under the Punjab Local Government [28][Ordinance, 2001 (XIII of 2001)], in an area in which schemes are undertaken by the Authority or which is declared as controlled area.
19. Power
to remove sources of pollution.–
The Authority shall have full powers to undertake improvements of the
environment of the area or any part thereof and to check, replace,
eliminate,
remove, demolish, conserve, re-settle or relocate the sources of environmental
pollution such as milch cattle, horses
or other animals, tongas, vehicular
exhaust, industrial waste, solid waste, congestion, blight and slums etc:
Provided that the Authority shall provide alternate accommodation or compensation to be determined in accordance with the provisions in Chapter VI, to any person evicted from the premises owned by him.
20. Beautification.– The Authority shall also undertake beautification of the area or part thereof, in any manner it deems fit, or prepare schemes and prescribe environmental standards to be adopted by the Government agencies or persons or direct any Government agency or person to undertake any improvements or activities for beautification of the area or part thereof.
21. Borrowing money.– (1) The Authority shall be deemed to be a “Local Authority” for the purpose of borrowing money and any scheme or project prepared or undertaken by the Authority, shall be deemed to be “work” as defined in section 2 of the Local Authorities Loans Act, 1914 (Act No. IX of 1914):
Provided that no local or foreign loan shall be obtained by the Authority without the previous sanction of the Government.
(2) The Authority may, in consultation with the
Finance Department, Government of the Punjab, borrow money or raise funds by
issuing bonds
or debentures or otherwise for carrying out the purposes of this
Act at such rate of interest as may be approved by the Government.
22. Power
to levy betterment fee.– Where
any new scheme has been executed by the Authority by providing services or
amentities in any locality, the Authority may, with
the previous consent of
Government, levy upon the owner of the property or any person having an
interest therein, a betterment fee
on account of the execution of the scheme.
23. Assessment of betterment fee.– (1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment fee, the execution of the scheme shall be deemed to have been completed and shall, thereupon give notice in writing to the owner of the property or any person having an interest therein, that the Authority proposes to assess the amount of the betterment fee in respect of the property under section 22.
(2) The betterment fee under section 22 or under sub-section (1) of this section, shall be assessed and be payable in the manner prescribed.
CHAPTER VI
ACQUISITION
24. Liability to acquisition.– Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894, all land within the area shall be liable to acquisition at any time in accordance with the provisions of this Chapter.
25. Application of Act No. VIII of 1973.– The Authority shall be deemed to be an “Official Development Agency” and all schemes prepared by the Authority shall be deemed to be “housing schemes” as defined in section 2 of the Punjab Acquisition of Land (Housing) Act, 1973 (Act No. VIII of 1973), for the purpose of Acquiring land under this Act and the provisions of section 4 to section 20 of the said Act, shall with all necessary adaptations, mutatis mutandis, apply as if they have been enacted and form part of this Act.
FINANCE,
ACCOUNTS AND AUDIT
26. Authority
Fund.– (1) There shall be formed
a fund to be known as the “Authority Fund’ which shall vest in the Authority
and shall be utilized by the
Authority in connection with its functions under
this Act including the payment of salaries and remunerations to the members,
officers,
servants, experts and consultants of the Authority.
(2) To the credit of the Authority Fund, shall be credited–
(a) all moneys received from Government;
(b) all moneys received from Federal Government or any international agency or any other body by way of grants, loans, advances or otherwise;
(c) all fees, rates and charges received by the Authority under this Act;
(d) all moneys received by the Authority from the
disposal of lands, buildings and other properties movable and immovable;
(e) proceeds from the self financing schemes of urban development and environmental sanitation; and
(f) all other sums receivable by the Authority.
(3) Authority Fund will have two separate heads namely “Urban Development” and “Water Supply and Sanitation”.
(4) The Authority may keep in current account of any scheduled bank such sums as may be prescribed and any amount in excess of the said amount shall be invested in Government securities, Government sponsored saving schemes or in such manner as may be determined by the Government.
Explanation– For the purpose of this sub-section Government, includes Federal Government.
27. Rates
and fees.– (1) With the previous
consent of the
[29][Tehsil Municipal Administration, in whose
jurisdiction the scheme is located and the Provincial] Government, adequate
funds may be
raised by the Authority from time to time, to meet the cost of its
schemes by imposing rates, fees and other charges.
(2) The rates, fees and other charges for water supply, sewerage and drainage schemes shall be such as to provide sufficient revenues–
(i) to cover the operating expenses including taxes, if any, and interest to provide adequate maintenance;
(ii) to cover repayment of loans; and
(iii) to finance the normal year to year extension of any of such schemes and to provide a reasonable portion of the cost of future major expansion of such schemes.
28. Fees on tubewells.– (1) The Authority shall have the exclusive right to use ground water resources within the area.
(2) No person shall, without the permission of the Authority install a tubewell, for commercial purposes, at such places within the area, as may be notified in the official Gazette by the Authority.
(3) The Authority may levy rates on the persons or bodies who have installed or may install tubewells for commercial purposes, within its jurisdiction.
29. Accounts.– The Authority and its agencies shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed.
30. Budget.–
[30][The Authority shall prepare every year and at
such time as may be prescribed, a budget in respect of the financial year next
ensuing
showing the estimated receipts and expenditure of the Authority and
each of its Agencies and shall submit the same through the Tehsil
Municipal Administration,
in which the maximum area under the jurisdiction of the Authority falls, to the
concerned Tehsil Council
for approval. On approval, the budget of the Authority
shall be reflected in the budget of the said Tehsil Municipal Administration.
If the Tehsil Council does not approve or modify the budget within sixty days
of its submission to the Council, the budget as prepared
by the Authority shall
be deemed to be the approved budget.]
31. Audit.– The accounts of the Authority and each of its agencies shall be audited annually by such duly qualified Auditors or Government Audit Agencies or both as may be appointed by the Authority and each agency respectively, with the approval of Government. The Authority shall also make necessary arrangements for pre-audit or concurrent audit of account.
CHAPTER VIII
PENALTY AND
PROCEDURE
32. Penalty and procedure.– Whoever contravenes any provision of this Act, or any rules or regulations made thereunder shall, if no other penalty is provided for such contravention, be punishable with simple imprisonment for a term which any extend to one month or with fine or with both.
33. Causing
damage to property and disobedience of orders.– (1) Whoever wilfully causes damage, or allows
damage to be caused to any property which vests in the Authority or unlawfully
converts
it to his own or any other person’s use, shall be punishable with
imprisonment for a term which may extend to six months, or with
fine or with
both.
(2) Whoever refuses or wilfully neglects to
provide any officer or servant of the Authority with the means necessary for
entering into
any premises for the purpose of collecting any information or
making an examination or enquiry in relation to any water works, shall
be
punishable with imprisonment extending to one year or fine or with both.
(3) Whoever without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Act, shall be guilty of an offence punishable under section 32.
(4) Whoever attempts to commit or abets the
commission of an offence punishable under this Act, shall be deemed to have
committed that
offence.
(5) Any magistrate empowered for the time being to try in a summary way the offence specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may if such magistrate thinks fit, on application being made in this behalf by the prosecution, try an offence punishable under this Act, in accordance with the provisions contained in sections 262 to 265 of the said Code.
34. Cognizance
of offence by courts.– No court
shall take cognizance of any offence punishable under this Act, except on a
complaint in writing made by an officer authorized
for the purpose, by the
Authority.
CHAPTER IX
MISCELLANEOUS
35. Annual
report.– (1) The Authority shall
prepare for every year a report of its activities during that year and submit
the report to the
[31][Tehsil Municipal Administration, in which the
maximum area under the jurisdiction of the Authority falls, and the Provincial]
Government
in such form and on or before such date, as may be prescribed.
(2) The report referred to in sub-section (1) shall be laid before the Provincial Assembly of the Punjab within six months of its receipt by the Government.
36. Recovery of dues.– Any sum due to the Authority from, or any sum wrongly paid by the Authority to, any person under this Act, shall be recoverable as arrears of land revenue.
37. Conversion of property to a different use.– Any conversion of property to a different use or purpose than the one provided under a scheme, by a person or agency without the previous approval of the Authority in writing, shall be punishable with a fine which may extend to rupees one hundred per day from the date of its conversion till default continues or with imprisonment for a term which may extend to six months or with both.
38. Summary ejectment of unauthorised occupants.– The Authority or any person authorised by it in this behalf may summarily eject any person in unauthorised occupation of any land or property vested in the Authority and may for such ejectment use such force as may be necessary.
[32][Provided that no action under this Section shall be taken without providing an opportunity of being heard to the person to be affected thereby.]
39. Removal
of building etc. erected or used in contravention of this Act.– (1) If any building, structure, work or land is
erected, constructed or used in contravention of the provisions of this Act or
any
rules, regulations or orders made thereunder, the Authority or any person
authorised by it in this behalf, may, by order in writing,
require the owner,
occupier, user or person in control of such building, structure, work or land
to remove, demolish or alter the
building, structure or work or to use it in
such manner so as to bring such erection, construction or use in accordance
with the
said provisions of this Act.
(2) If an order under sub-section (1), in respect
of any building, structure, work or land is not complied with within such time,
as may
be specified therein, the Authority or any person authorised by it in
this behalf may, after giving the person affected by the order
an opportunity
of being heard, remove, demolish or alter the building, structure or work, or
stop the use of the land and in so doing,
may use such force as may be
necessary and may also recover the cost thereof from the person responsible for
the erection, construction
or use of the building, structure, work or land in
contravention of the provisions as aforesaid.
40. Members, officers and employees to be public servants.– The Chairman, [33][Vice Chairmen] members, Director-General, officers, servants, experts and consultants of the Authority when acting or 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.
41. Immunity
of the Authority and its employees.– No suit, prosecution or any other legal proceedings shall lie against
the Authority, the Chairman,
[34][Vice Chairmen] Director-General, any member, officer,
servant, expert or consultant of the Authority in respect of anything done
or
intended to be done in good faith under this Act.
42. Jurisdiction of courts barred.– Save as otherwise provided by this Act, no court or other Authority, shall have jurisdiction to question the legality of anything done or any action taken under this Act by or at the instance of the Authority.
43. Power
to make rules.– Subject to the
provisions of this Act, Government may make rules for carrying into effect the
purposes of this Act.
44. Power to make regulations.– Subject to the provisions of this Act and the rules framed thereunder, the Authority may make regulations as may be necessary to carry out the purposes of this Act.
45. This Act to prevail over other laws.– Subject to the Constitution, in the event of any conflict or inconsistency between the provisions of this Act and the provisions of any other law for the time being in force, the provisions of this Act shall, to the extent of such conflict or in consistency, prevail.
46. Authority to replace the Improvement Trust.– On the establishment of the Authority under this Act–
(i) all functions and powers with respect to the formulation, sanction and execution of schemes, and all functions heretofore performed by the Improvement Trust, shall be exercised and performed by the Authority;
(ii) all properties, assets and liabilities pertaining to the Improvement Trust shall vest in and be the assets and liabilities, as the case may be, of the Authority.
CHAPTER X
REPEAL
47. Repeal and savings.– (1) On the establishment of the Authority under this Act, the town Improvement Act, 1922, shall cease to apply to the area and all schemes, projects, or works started under the said Act but not completed shall be taken over by the Authority and executed under the provisions of this Act.
(2) Notwithstanding the fact of the Town Improvement Act, 1922, ceasing to apply to the areas:-
(i) all
rules, regulations and orders made, notifications issued, land acquired,
schemes prepared or executed, rates and fees imposed,
penalties, or other
charges levied, contracts entered into, suits instituted by or against the
Improvement Trust or any other right
accrued, or liability incurred or action
taken, or proceedings initiated, shall so far as they are consistent with the
provisions
of this Act, continue in force and be deemed to have been made,
imposed, levied, entered into, instituted, prepared, executed, accrued
or
incurred, taken and initiated under this Act;
(ii) the provisions of sections 45,56,57,58,59,60,61,62,63,64 and 65 of the Town Improvement Act, 1922, shall continue to apply in so far as the acquisitions made under the Land Acquisition Act, 1894, are concerned.
48. Repeal of Pb. Ordinance No. XI of 1976.– The Punjab Development of Cities Ordinance, 1976 (Punjab Ordinance No. XI of 1976), is hereby repealed.
[1]This Act was passed by the
Punjab Assembly on 24th November, 1976; assented to by the Governor of the
Punjab on 16th December, 1976;
and, published in the Punjab Gazette (Extraordinary),
dated 16th December, 1976, pages 2757-2770.
[2]Substituted by the Punjab
Development of Cities (Amendment) Ordinance, 1981 (VII of 1981), effective from
16th December, 1976.
[3]Now ‘Faisalabad’.
[4]Substituted
for the words “Deputy Commissioner” by the Punjab Development of Cities
(Amendment) Ordinance, 2002 (XLII of 2002), 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.
[5]Ibid.
[6]Inserted
ibid.
[7]Substituted
ibid.
[8]Ibid., for
the words “municipal body”.
[9]Inserted
by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002),
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.
[10]The word
“and” omitted ibid.
[11]Substituted
ibid., for a “full-stop”.
[12]Added by
the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002),
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.
[13]The commas and words ‘by
notification’ deleted by the Punjab Development of Cities (Amendment)
Ordinance, 1981 (VII of 1981), effective
from 16th December, 1976.
[14]Substituted ibid, for a full-stop.
[15]Added ibid.
[16]Now ‘Faisalabad’.
[17]Ibid.
[18]Substituted
by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002),
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.
[19]Substituted
by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002),
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.
[20]Added by the Punjab
Development of Cities (Amendment) Act 1998 (IV of 1998).
[21]Substituted by the Punjab
Development of Cities (Amendment) Act 1998 (IV of 1998).
[22]Inserted by the Punjab
Development of Cities (Amendment) Ordinance, 1982 (I of 1982).
[23]Substituted for the words “local council as defined in the Punjab Local Government Act, 1975” by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002), 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.
[24]Added by
the Punjab Development of Cities (Amendment) Ordinance, 1984 (XXVII of 1984).
[25]Added by the Punjab
Development Authorities Laws (Amendment) Act, 1999 (VII of 1999).
[26]Substituted
for the word “council” by the Punjab Development of Cities (Amendment)
Ordinance, 2002 (XLII of 2002), 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.
[27]Substituted
for the word “council” by the Punjab Development of Cities (Amendment)
Ordinance, 2002 (XLII of 2002), 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.
[28]Substituted
ibid., for the word, comma and figures “Act, 1975”.
[29]Inserted by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002), 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.
[30]Substituted by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002), 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.
[31]Inserted by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002), 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.
[32]Added by
the Punjab Development of Cities (Amendment) Ordinance, 1984 (XXVII of 1984).
[33]Inserted by the Punjab Development of Cities (Amendment) Act 1998 (IV of 1998).
[34]Ibid.
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