(Pb Ord. LI of 1999)
[29 September 1999]
Preamble.— Whereas it is expedient to establish the
Defence Housing Authority Lahore;
And
whereas the Provincial Assembly of the Punjab is not in session and the
Governor of the Punjab is satisfied that immediate action is necessary;
Now,
therefore, in exercise of the powers conferred upon him under Article 128 of
the Constitution, the Governor of the Punjab is pleased to make and promulgate
the following Ordinance:-
1. Short title and commencement.— (1) This Ordinance may be called the Defence
Housing Authority Lahore Ordinance 1999.
(2) It shall
come into force at once and shall be deemed to have taken effect on the day the
Defence Housing Authority Lahore Ordinance 1999 (XXXI of 1999) stands repealed[2][2]
under Article 128(2) of the Constitution.
2. Establishment of the Authority.— (1) There shall be established an Authority
to be known as the Defence Housing Authority Lahore.
(2) The
Authority shall be a body corporate, having perpetual succession and a common
seal, with power to acquire and hold property and to enter into contracts, and
may by the said name sue and be sued.
3. Management.— (1) The general direction and administration
of the affairs of the Authority shall vest in the Governing Body which shall
consist of the Corps Commander Lahore; the President Executive Board; the
Administrator; the Secretaries to the Government of the Punjab in the Law,
Finance and Housing Departments or their nominees not below the rank of
Additional Secretary, and the Secretary of the Authority as members.
(2) The Corps Commander Lahore, and the
President Executive Board shall be, the Chairman and the Vice Chairman of the
Governing Body respectively.
(3) There shall be an Executive Board
consisting of the GOC, 11 Division; the Administrator of the Authority; one
Coopted Member to be appointed by the Governing Body; and the Secretary of the
Authority as members.
(4) The GOC, 11 Division shall be the
President of the Board.
(5) The Executive Board shall subject to the
control of the Governing Body exercise all powers and do all acts and things
which may be exercised or done by the Authority.
(6) No act or proceedings of the Governing
Body or the Executive Board shall be invalid merely by reason of any vacancy in
or defect in the constitution thereof.
4. Administrator.— (1) There shall be an Administrator of the
Authority who shall be appointed in such manner and shall perform such
functions as may be prescribed.
(2) Subject to the provisions of sub-section
(1), the Vice Chairman of the Society, holding office as such, immediately,
before the establishment of the Authority under this Ordinance shall be the
first Administrator of the Authority.
5. Delegation
of Powers.— The Governing Body, the Executive Board and the Administrator may
delegate to any person all or any of their functions including their delegated
functions under this Ordinance.
6. Committees.— The Authority may constitute such Committees
as may be necessary for the efficient performance of its functions and assign
to such Committees such functions as it may deem necessary.
7. Functions of the Authority.— The Authority may do all such acts and things
as may be necessary for the planning and development of and for providing and
regulating housing facilities in the area notified by the Government.
8. Authority Fund.— (1) There shall be a fund to be known as the
“Defence Housing Authority Lahore Fund”, which shall vest in the Authority and
to which shall be credited all moneys received by the Authority.
(2) The fund shall be kept in such custody
and shall be utilized and regulated in such manner as may be prescribed.
9. Budget, Audit and Accounts.— The budget of the Authority shall be
approved and its accounts shall be maintained and audited in such manner as may
be prescribed.
10. Recovery of sums due to the Authority.— Any sum payable to the Authority shall be
recoverable as arrears of land revenue.
11. Acquisition of land.— The acquisition of any land or any interest
in land for the purposes of the Authority shall be deemed to be an acquisition
for a “public purpose” within the meaning of the Land Acquisition Act, 1894 (I
of 1894).
12. Appointment of officers, staff, etc.— The Authority may appoint such persons in
its service as may be necessary for the efficient performance of its functions
in such manner and on such terms and conditions as may be prescribed.
13. Employees to be public servants.— All persons acting or purporting to act in
pursuance of any provisions of this Ordinance shall be deemed to be public
servants within the meaning of section 21 of the Pakistan penal Code 1860.
14. Conversion of property to a different use.— Any conversion of property to a different
use or purpose than the one provided under a scheme prepared by the Authority
by a person without the previous approval of the Authority in writing, shall be
punishable with fine which may extend to two thousand rupees per day from the
date of its conversion till the default continues or with imprisonment for a
term which may extend to six months or with both.
15. Removal of
building, etc., erected or used in contravention of this Ordinance.— (1) If any building,
structure, work or land is erected, constructed or used in contravention of the
provisions of this Ordinance or any rules, regulations or orders made
thereunder, the Authority or any person authorized 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 as may bring such
erection, construction or use in accordance with the provisions of this Ordinance.
(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 concerned 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.
16. Rules.— The authority may with the approval of the Government may make rules
for carrying out the purposes of this Ordinance.
17. Regulations.— The Authority may make regulations not
inconsistent with this Ordinance and the rules, for carrying out the purposes
of this Ordinance.
18. Dissolution of the Society, etc.— Upon the establishment of the Authority the
Lahore Cantt Cooperative Housing Society Limited Lahore registered under the
Cooperative Societies Act 1925 (VII of 1925) and all bodies constituted
thereunder shall stand dissolved and upon such dissolution —
(a) all persons in the
service of the said Society shall stand transferred for service under the
Authority on the same terms and conditions as were applicable to them
immediately before their transfer to the Authority;
(b) all assets and
liabilities of the said Society shall become the assets and liabilities of the
Authority; and
(c) all
by-laws of the said Society in force immediately before the dissolution of the
said Society shall continue in force until altered or repealed by rules or
regulations made under this Ordinance.
19. Removal of
Difficulties.— If any difficulty arises in giving effect to any provision of this
Ordinance, the Government may give such directions as it may consider necessary
for the removal of such difficulty.
[1][1]Promulgated
by the Governor on 26 September 1999; published in the Punjab Gazette, (Extraordinary),
dated 29 September 1999, pp. 1369-72. Under Article 4 of the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), it will remain in
force notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
No comments:
Post a Comment