[1]THE
CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976
(Act XIV of 1976)
[21 July 1976 ]
Preamble.– WHEREAS it is expedient to
establish an authority for the speedy development and better administration of
Cholistan area of Bahawalpur Division;
It is hereby enacted as follows:-
Chapter I
Preliminary
1. Short
title, extent and commencement.– (1) This Act may be called the Cholistan Development
Authority Act, 1976.
(2) It
shall extend to such area as may be notified as Cholistan area by the
Government.
(3) It
shall come into force at once.
2. Alterations
of boundaries.–
The boundaries of the Cholistan area may, from time to time, be altered by the
Government through a notification in the official Gazette.
3. Definitions.– (1) In this Act, unless the context
otherwise requires,–
(a) “Authority”
means the Cholistan Development Authority established under this Act;
(b) “Chairman”
means Chairman of the Authority;
(c) “Government”
means Government of the Punjab ;
(d) “Managing
Director” means the Managing Director of the Authority;
(e) “member”
means a member of the Authority;
(f) “prescribed”
means prescribed by rules;
(g) “specified”
means specified by Government through written instructions; and
(h) “rules”
means rules made under this Act.
(2) Words
and expressions used but not defined in this Act shall, unless the context
otherwise requires, have the same meanings as are assigned to them in the
Punjab Land Revenue Act, 1967.
Chapter II
Organization
4. Establishment
and constitution.–
(1) As soon as may be, after the commencement of this Act, the Government
shall, by notification in the official Gazette, establish an Authority known as
the Cholistan Development Authority.
(2) The
Authority shall be a body corporate, and shall have the power to acquire and
hold property, both movable and immovable, and shall have perpetual succession
and a common seal and shall by the said name, sue and be sued.
(3) The
Authority shall consist of:-
(a) a
Minister nominated by the Government;
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Chairman.
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(b) three members [2][including at least one female
member] from Bahawalpur Division from amongst the Members of the Provincial
Assembly of the
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Members.
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(c) Commissioner,
Bahawalpur Division,
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Member.
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(d) Chief
Engineer, Irrigation,
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Member.
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(e) Superintending
Engineer, Public Health Engineering,
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Member.
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(f) Conservator
of Forests,
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Member.
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(g) Deputy
Director Agriculture,
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Member.
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(h) Deputy
Director, Livestock, Poultry and Dairy Development,
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Member
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(i) Deputy
Registrar, Co-operative Societies,
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Member.
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(j) Managing
Director.
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Member/
Secretary.
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(4) Government
may by notification in the official Gazette alter, increase or decrease the
membership of the Authority.
(5) The members, except the ex-officio members shall, unless
replaced earlier, hold office for a term of three years; provided that a member
ceasing to hold a public office by virtue of which he became such member shall
cease to be such member, notwithstanding that the terms of three years has not
expired.
(6) A
Chairman or a Member of the Authority may resign his office by submitting his
resignation to the Government in writing.
(7) No
act or proceedings of the Authority shall be invalid merely by reason of any
vacancy or defect in the constitution of the Authority.
[3][4A. Vice Chairman.– (1) The
Government may designate a member as Vice Chairman of the Authority.
(2) The Vice Chairman shall perform such
functions including the functions of the Managing Director as may be assigned
to him by the Authority.]
5. Managing
Director.–
(1) The Managing Director shall be the principal executive officer of the
Authority and shall be appointed by the Government for a period of three years
on such terms and conditions as may be determined by Government.
(2) The
Managing Director shall,–
(a) be
a whole time officer of the Authority;
(b) perform
such duties as may be specified by Government or assigned to him by the
Authority;
(c) on
the expiry of his term of office continue to perform his functions for a period
of three months or till such time as his successor is appointed whichever is
earlier; and
(d) receive
such salary and allowances as Government may determine.
(3) Nothing
contained in this section shall preclude the Government from extending the term
of office of a Managing Director for such period as Government may determine.
6. Disqualifications of Managing
Director.– No person shall be appointed as Managing Director or
shall continue to be a Managing Director who–
(a) is,
or at any time has been, convicted of an offence involving moral turpitude;
(b) is,
or at any time has been, disqualified for appointment in or dismissed from
Government service;
(c) is,
or at any time has been, adjudged insolvent;
(d) is
found to be a lunatic or becomes of unsound mind;
(e) is
not a citizen of Pakistan
(f) is
less than twenty-five years of age.
7. Removal
of Managing Director.–
The Government may, by order in writing, remove the Managing Director, after
giving him an opportunity of being heard, if he–
(a) refuses
or fails to discharge, or becomes, in the opinion of Government, incapable of discharging
his responsibilities under this Act;
(b) has,
in the opinion of Government, abused his position as Managing Director; or
(c) has
knowingly acquired or continues to hold, without the permission in writing of
the Government, directly or indirectly or through a partner any share or
interest in any contract or employment or in any property, which, in his
knowledge, is likely to benefit or has benefitted him as a result of the
operations of the Authority.
8. Resignation
by or removal of Managing Director.– Notwithstanding anything contained in this Act, the
Managing Director may, at any time before the expiry of his term and upon three
months’ notice, resign his office or upon similar notice, be removed from
office by Government without assigning any reason:
Provided that Government may, upon
payment of three months’ salary and allowances in lieu of notice, remove a
Managing Director immediately without assigning any reason.
9. Delegation
of powers.–
The Authority may, by general or special order, delegate to the Chairman,
Managing Director, or any Member, officer, advisor, expert or employee of the
Authority any of its powers, duties or functions under this Act or the rules
made thereunder, subject to such conditions as it may deem fit to impose.
10. Appointment of officers.– The Authority
may, subject to such general or special orders, as Government may give, appoint
such officers, advisors, experts or employees as may be necessary for the
efficient performance of its functions, on such terms and conditions as may be
prescribed.
11. Headquarters of Authority.– The headquarters of the Authority
shall be at Bahawalpur .
Chapter III
Conduct of
Business
12. Financial, technical & advisory
committees.–
The Authority may constitute such financial, technical and advisory committees
as may be deemed necessary for carrying out the purposes of this Act.
13. Meetings of the Authority.– (1) The meetings of the Authority
shall be held at such time and place as may be prescribed:
Provided that until rules are made
in this behalf, meetings shall be held at such time and place as may be
determined by the Chairman.
(2) The
quorum required for transacting business at a meeting of the Authority shall be
four, one of whom shall be an official member.
(3) Each
member, including the Chairman, shall have one vote but in the event of
equality of votes, the Chairman shall have a casting vote.
[4][(4) The
meetings of the Authority shall be presided over by the Chairman and in his
absence by the Vice Chairman and in the absence of both, by the member of the
Authority elected for the purpose by the members present from amongst
themselves.]
(5) No act or proceedings of the Authority
shall be invalid on the ground of the existence of any vacancy in or any defect
in the constitution of the Authority.
(6) The
Authority shall frame its own regulations for the conduct of its meetings.
14. Power to associate other persons for
assistance or advice.–
The Authority may associate with itself any person in such manner and on such
terms and for such period as it may deem fit, whose assistance or advice it may
require in carrying out the provisions of this Act:
Provided
that a person so associated shall not have right to vote and shall not be
deemed to be a member of the Authority for that or any other purpose.
Chapter IV
Functions,
Powers and Duties
15. Functions of the Authority.– Subject to such conditions as
Government may impose, the Authority may undertake any work for any or all of
the functions detailed below within the area of its jurisdiction:-
(a) The
breaking up, cultivation, afforestation, plantation, levelling or reclamation
of land for the production of foodgrains, fruits, vegetables, fuel, fodder and
the like;
(b) to
grant land to any person on any conditions it thinks fit and for that purpose
issue statement or statements of conditions;
(c) to
provide means of irrigation and irrigational channels;
(d) to
provide drinking water for human beings and cattle;
(e) to
carry out extensive ground water supply to locate sweet water points and
sinking of wells and tubewells for drinking and irrigation purposes;
(f) the lay out and construction of town,
mandi-villages and settlements and their up-keep and development;
(g) the
provision of communication facilities, including the lay out and construction
of roads and parks;
(h) the
provision of livestock farms, dairy farms, sheep farms, poultry farms, etc;
(i) the
installation and management, maintenance and encouragement of public utility
undertakings, rural trades and crafts, industries and works;
(j) arrangements
for the marketing of the produce and goods of Cholistan;
(k) the
conservation, preservation of forests, and multiplication of wildlife and
natural vegetation and exploration of mineral resources of Cholistan;
(l) the doing of all acts
intending to promote health, well-being and prosperity of the residents of
Cholistan and their cattle heads and establishment of civil and veterinary
hospitals and dispensaries;
(m) the
establishment of educational institutions;
(n) to
advance loans to the owners, occupiers or tenants of land upon such terms and
conditions as may be prescribed for breaking up and cultivation of lands,
construction of water courses, sinking of wells and tube-wells, purchase of
cattle and of agricultural implements and machinery, seed and fodder, cattle
farm, construction of houses, godowns, and cattle sheds, and for any other
purpose allied or subsidiary to agriculture;
(o) to
promote and undertake research on any matter;
(p) for
any other matter, with the permission of the Government, which may be deemed
necessary to promote the general efficiency of a scheme and for the development
of Cholistan;
(q) to
promote tourism and establishment of national parks, holiday camps and
villages; and
(r) to undertake any function which the Government
may assign to it:
[5][Provided that while undertaking the
function under clause (f) provision
of a plot or plots for construction of mosque shall be made.]
16. Powers and duties of the Authority.– (1) Subject to such rules as may be
framed, the Authority shall have full powers to–
(a) incur
expenditure for the improvement and development of Cholistan or for completion
of any work, plan or scheme undertaken by it within the area of its
jurisdiction; and
(b) enter
into and perform all such contracts as it may consider necessary or expedient
for carrying out the purposes of this Act.
(2) Without
prejudice to the generality of the powers conferred under sub-section (1) the
Authority may:-
(i) with
approval of the Government grant land to any person on any condition it thinks
fit and for this purpose issue a statement or statements of conditions on which
the Authority is willing to grant land;
(ii) resume
land so granted or in the alternative impose a penalty not exceeding Rs.500
when the tenant is proved to the satisfaction of the Authority to have
committed a breach of the conditions of the tenancy and shall resume the grant
so made if the land forming the subject matter of the grant was acquired by
misrepresentation or concealment of true facts:
Provided
that before an order under clause (ii)
above is made, the tenant shall be given an opportunity to appear and state his
objections:
Provided
further that, in a case of resumptions, the tenant shall be liable to restore
possession of the land to the Authority forthwith, but shall be entitled to
compensation for the standing crops and for improvements made by him during his
tenancy;
(iii) take
over and manage Government lands or any other assets and property on such terms
and conditions as may be agreed upon between the Authority and the Government;
(iv) regulate
by general or special order,–
(a) the
use of land and restrict or prohibit the carrying of any offensive or any
unwholesome trade or construction of buildings or structures;
(b) clearing
or breaking up of land for cultivation;
(c) the
quarrying of stone and the burning of lime and charcoal;
(d) the
admission, herding, parking and retention of cattle;
(e) the
filling, girdling, looping, taping, or burning of any tree, timber or
vegetable; and
(f) the
kindling, keeping or carrying of any fire;
(v) undertake
breaking up of land, planting of trees, construction of water courses and do
all necessary acts to bring land vested in it under cultivation;
(vi) advance
money either by way of grant or by way of loan or partly by way of grant and
partly by way of loan to any person in furtherance of the objects of this Act
on such terms and conditions as may be prescribed.
17. Transfer of functions to different Government
Departments or autonomous bodies.– The Authority may, with the approval of the government, and
if the Government so directs, shall transfer any of its functions and powers to
a department of the Government or a semi-autonomous body or local authority on
such terms and conditions as may be determined by Government or agreed upon
between the parties.
18. Development work is to be
undertaken with the approval of Authority.– (1) No person
or a Government agency shall continue or undertake any development work or a
project within the area of jurisdiction of the Authority without the prior
approval of the Authority in writing.
(2) The
Authority may require a Government agency or a local body to undertake any
specific developmental activity in the Cholistan area and to ensure its
compliance failing which the Authority may take over such developmental
activity and complete itself.
Chapter V
Finances
19. Cholistan Development Authority Fund.– (1) There shall be formed a fund to
be known as “Cholistan Development Authority Fund” which shall vest in the
Authority and shall be utilised by the Authority in connection with its
functions under this Act including the payment of salaries and other
remunerations to the members, officers, servants, experts and consultants of
the Authority.
(2) The
fund shall consist of–
(a) grants-in-aid
by the Government or Federal Government;
(b) loans
obtained from the Government;
(c) loans
obtained from the State Bank of Pakistan
(d) foreign
aid/loans obtained through the Government;
(e) all
fees, rates and service charges received by the Authority;
(f) sale
proceeds by way of disposal of assets of the Authority; and
(g) all
other money received by the Authority.
20. Power to borrow money.– The Authority shall be deemed to be
a Local Authority under the Local Authorities Loans Act, 1914 (Act No. IX of
1914) for the purpose of borrowing money, under the said Act:
Provided that no local or foreign
loans shall be obtained by the Authority without the prior sanction of the
Government.
21. Power to levy tax.– The Authority may with the previous
sanction of the Government, levy rates, fees and charges to cover expenses for
the development of the Cholistan area.
22. Budget.– The Authority shall prepare its
annual budget estimates and submit the same to the Provincial Government by the
end of the month of March preceding the commencement of the financial year to
which it relates and the Provincial Government may modify the said estimates to
such extent as it may consider necessary.
23. Audit.– (1) The Auditor-General shall audit
and check the accounts of the Authority at least once in a financial year.
(2) The
Authority shall produce all accounts, books and connected documents and furnish
such explanation and information as the Auditor-General or any officer
authorised by him in this behalf, may require at the time of audit.
(3) The
statement of audit and accounts referred to in sub-section (1) shall be
furnished to Government by the Authority within a period of 3 months after
close of financial year.
24. Accounts.– The Authority shall maintain
complete and accurate accounts and other relevant record including the annual
statement of accounts showing profit and loss accounts in such form as be
prescribed.
Chapter VI
Miscellaneous
25. Power to make rules.– (1) Subject to the provisions of
this Act, Government may make rules for carrying out the purposes of this Act.
(2) In
particular and without prejudice to the generality of the foregoing powers,
such rules may provide for any of the matters incidental, consequential or
supplemental to the provisions of this Act.
26. Reports.– (1) The Authority shall furnish to
Government such reports as may be required by Government from time to time.
(2) The
Authority shall prepare for every year a report of its activities during that
year and submit the report to the Government in such form and on or before such
date, as may be prescribed.
27. Members and officials to be public
servants.–
The Chairman, members, Managing Director, other officers, advisers, experts and
employees of the Authority shall, when acting or purporting to act in pursuance
of any provisions of this Act, be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code, 1860.
28. Bar of Jurisdiction.– No court shall have jurisdiction in
any matter relating to the disposal of estate land vesting in the Authority and
no order passed or proceedings taken by the Authority, its Chairman or any
officer shall be called into question in any court of law.
29. Recovery of sums due to Authority.– All sums due to the Authority under
an award of an arbitrator or decree of any court in respect of a contract or a
tenancy granted under the provisions of this Act or rules and conditions made
or issued thereunder and all sums due on account of penalty shall be
recoverable as arrears of land revenue.
30. Immunity of the Authority and its
employees.–
No suit, prosecution or any other legal proceedings shall lie against the
Authority, the Chairman, the Managing Director, any member, officer, expert,
consultant or employee of the Authority, in respect of any thing done or
intended to be done in good faith under this Act.
[1]This Act was
passed by the Punjab Assembly on 7th July, 1976; assented to by the Governor of
the Punjab on 21st July, 1976; and, published in the Punjab Gazette
(Extraordinary), dated 21st July, 1976, pages 2034-2043.
[3]Added by the Cholistan
Development Authority (Amendment) Act, 1999 (XIII of 1999).
[4]Substituted by the Cholistan
Development Authority (Amendment) Act, 1999 (XIII of 1999)
[5]Added by the
Cholistan Development Authority (Amendment) Ordinance, 1984 (XXXVI of 1984).
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