[1]THE
DEFENCE HOUSING AUTHORITY RAWALPINDI ACT 2013
(Act XI of 2013)
[14 January 2013]
An Act to provide for the establishment of
Preamble.– Whereas it is expedient to establish Defence
Housing Authority Rawalpindi for the
purpose and object of carrying out Schemes and projects of land development inter alia for the welfare of the
bereaved families of martyrs, war injured, disabled and other persons of the
defence forces to boost their morale; to provide financial security in
recognition of their selfless services for the defence of the nation; and, to
provide for ancillary matters;
It is enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be called the
Defence Housing Authority Rawalpindi Act 2013.
(2) It
extends to the Specified Area in Rawalpindi District.
(3) It
shall come into force at once and shall be deemed to have taken effect on and
from 15 August 2010.
2. Definitions.– In this Act–
(a) “Administrator” means the Administrator appointed
under the Act;
(b) “Authority”
means Defence Housing Authority Rawalpindi established under the Act;
(c) “Chairman”
means Chairman of the Governing Body;
(d) “Executive Board” means Executive Board
constituted under the Act;
(e) “Governing Body” means Governing Body
constituted under the Act;
(f) “Government”
means Government of the Punjab ;
(g) “member”
means a member of the Authority and includes the Chairman;
(h) “prescribed”
means prescribed by the regulations framed under the Act;
(i) “President”
means President of the Executive Board;
(j) “project”
means any project of development of land undertaken or planned by the Authority
in the Specified Area;
(k) “Scheme”
means any Scheme, plan, facility or project for development of land for
residential or commercial use undertaken, planned or made and approved by the
Authority under the Act;
(l) “Secretary”
means Secretary of the Authority;
(m) “Specified
Area” means all land owned, purchased or procured by, or vested in or leased to
the Army Welfare Housing Scheme or the Defence Housing Authority Islamabad
constituted under any law before the commencement of the Act in Rawalpindi
District and such other land as may, from time to time, be purchased or
procured by, or leased to the Authority in Rawalpindi District and notified by
the Government; and
(n) “Vice
President” means Vice President of the Executive Board.
3. The
Authority.– (1) There shall be established an
Authority to be known as Defence Housing Authority Rawalpindi for carrying out
the purposes of this Act.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal with power to purchase, procure,
hold and dispose of property and shall, by the said name, sue and be sued.
(3) The head office of the Authority shall be
at Rawalpindi .
(4) The Authority shall comply with all laws,
rules, regulations and bye-laws for the time being in force in the Specified
Area.
(5) While
designing, planning and executing a Scheme in the Specified Area, the Authority
shall adhere to the master plan of Rawalpindi District and ensure that all public
roads and revenue paths leading to and from the adjoining areas and access to
graveyards shall, as far as possible, be maintained and no change or alteration
shall be made in such roads, paths or access except with the prior approval of
the Government.
(6) Subject to the financial viability of a
Scheme, the Authority shall reserve in a Scheme in the Specified Area at least
fifty percent quota for the bereaved families of the martyrs, war injured,
disabled and junior ranks from sepoys to junior commissioned officers of the
defence forces.
4. Governing
Body.– (1) The general administration,
supervision and control of the affairs of the Authority shall vest in the
Governing Body, which shall consist of–
(a)
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Secretary, Government of
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Chairman
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(b)
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Adjutant
General Pakistan Army;
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Vice Chairman
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(c)
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Director
General, Welfare and Rehabilitation,
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Member
|
(d)
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Commissioner,
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Member
|
(e)
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Administrator;
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Member
|
(f)
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Director
General,
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Member
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(g)
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Secretary.
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Member/Secretary
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(2) The Governing Body shall–
(a) review
the progress and activities of the Authority;
(b) lay
down policy for the guidance of the Executive Board;
(c) consider
and approve the budget and audit reports of the Authority; and
(d) transact
such other business of the Authority as the Executive Board may place before
it.
5. Executive
Board.– (1) There shall be an Executive
Board which shall exercise such administrative, executive and financial powers
of the Authority and do all such acts and things as the Governing Body may
delegate or assign to it.
(2) The Executive Board shall consist of–
(a)
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President
|
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(b)
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a serving or retired Major General
of
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Vice President
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(c)
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Administrator;
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Member
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(d)
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Secretary of the Authority to be
appointed by the President; and
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Secretary
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(e)
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two residents of Schemes of the
Authority.
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co-opted Members
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(3) The Government shall, for a period not
exceeding five years at a time, appoint the co-opted members in accordance with
the regulations but they shall serve during the pleasure of the Government.
(4) In the performance of its functions, the
Executive Board shall comply with the directions of the Governing Body.
6. Powers and
functions of the Executive Board.–
(1) Subject to all applicable laws and provisions of this Act, the Executive
Board may take such measures and exercise such powers as may be necessary for
the proper planning and development of the Specified Area and for carrying out
the purposes of the Act.
(2) Without prejudice to the generality of
the foregoing powers, the Executive Board may, in accordance with all
applicable laws, rules and regulations–
(a) purchase,
procure, hold, manage, reclaim and take possession of any property in the
Specified Area;
(b) prepare,
plan, develop, notify, execute, implement, maintain, manage and regulate any
Scheme in the Specified Area;
(c) enter into contracts, arrangements, joint
ventures, and agreements with any person, for the preparation, planning,
development, execution, implementation and maintenance of Schemes in the
Specified Area and for carrying out the purposes of this Act;
(d) incur
any expenditure and procure plant, machinery, equipment, instruments and
necessary materials;
(e) carry
out, maintain, arrange, manage and provide all facilities, services and
utilities, including water, electricity, gas and sewerage in Schemes in the
Specified Area so as to ensure that the property is maintained up to the
required standards for the benefit of the residents;
(f) plan, approve and execute mergers and
amalgamations with other housing Schemes or cooperative housing societies
subject to the approval of the competent authorities of those housing Schemes
or housing societies for merger or amalgamation;
(g) impose, vary, and recover development charges
and transfer fees in respect of any land within any Scheme in the Specified
Area;
(h) lease,
purchase, procure, sell, exchange, mortgage, rent out or otherwise dispose of
any property vested in the Authority;
(i) cancel
or re-plan any Scheme or part thereof in the Specified Area;
(j) apply
for acquisition of land to the Government for initiation and completion of the
process of land acquisition in accordance with the law governing land
acquisition; and
(k) do
all such acts, deeds and things that may be necessary or expedient for the
purpose of proper preparation, planning, development, execution,
implementation, management and maintenance of residential and commercial
facilities in the Schemes in the Specified Area.
(3) The
Executive Board shall meet as and when required or considered necessary by the
Administrator in consultation with the President.
(4) The Executive Board shall transact such
business at a meeting as the Administrator may place before it.
7. Powers
of the Executive Board to borrow.– Subject to the
Government rules and guidelines, the Executive Board may obtain loans
for purposes of generating capital for its Schemes.
8. Administrator.– (1) The Chief of Army Staff shall nominate a person not
below the rank of Brigadier (serving or retired) of Pakistan Army as
Administrator of the Authority.
(2) The Administrator shall be the Chief
Executive Officer of the Authority.
9. Powers and
functions of the Administrator.–
(1) Subject to the provisions of this Act and the regulations, the
Administrator shall exercise all executive powers of the Authority delegated or
otherwise, in accordance with the policy laid down by the Governing Body and
the directions or decisions of the Executive Board.
(2) The Administrator may, either by himself
or through any officer appointed by the Executive Board in this behalf, carry
on the correspondence and shall sign, verify, pursue and file all pleadings and
such other documents on behalf of the Authority, in any suit, appeal, petition
and proceedings which may be instituted, prepared and filed by or against the
Authority in or before any court, tribunal or authority.
(3) The Administrator may, with the approval
of the Executive Board, delegate any of his specified powers to any of his
subordinate staff, including but not limited to signing contracts, pleadings or
any other legal instrument on behalf of the Authority.
(4) Subject
to the conditions of delegation of the authority, the authorized officer shall
exercise the power of signing the instrument after its approval by the
Executive Board or, as the case may be, the Administrator.
10. Meetings.– (1) The Governing Body shall meet at least once every
year, on such date, time and place as may be fixed by the Chairman.
(2) The Chairman and, in his absence, the
Vice Chairman of the Governing Body shall preside over the meeting of the
Governing Body.
(3) The President and, in his absence, the
Vice President shall preside over the meeting of the Executive Board.
(4) The quorum of a meeting of the Governing
Body or the Executive Board shall be a majority of the total membership, the
fraction being counted as one.
(5) The Secretary shall record, maintain and
keep the minutes of all the meetings of the Governing Body or the Executive
Board
11. Appointments.– The Executive Board may in such manner and on such terms
and conditions as may be prescribed, appoint such officers, functionaries,
employees, staff, experts, consultants and advisors as may be necessary for
purposes of this Act.
12. Annual report and accounts.– As soon as may be after the
conclusion of a financial year but before 31st day of December, the
Executive Board shall, submit to the Governing Body a general report on its
affairs including accounts, balance sheet and audit for the financial year.
13. Delegation of
powers.– Subject to this Act and the
specified conditions, the Governing Body, the Executive Board and the
Administrator may authorize any person to perform such functions and duties as
may be assigned to him in writing.
14. Committees.– The Governing Body or the Executive Board may constitute
such committees as may be necessary for the efficient performance of their
respective functions and assign to such committees such functions as may be
deemed necessary.
15. Authority Fund.– (1) There shall be a fund to be
known as the Defence Housing Authority Rawalpindi 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 a scheduled
bank or financial institution and shall be utilized and regulated in such
manner as may be prescribed.
(3) The funds may, with the approval of the
Executive Board, be invested in any banking, financial or non-banking financial
institution.
16. Budget,
audit and accounts.– The budget of the Authority shall
be approved by the Governing Body and its accounts shall be maintained and
audited in such manner as may be prescribed.
17. Power
to cancel allotment.– The Governing Body or the
Executive Board may cancel, revoke or rescind any allotment, transfer, license,
lease or agreement in respect of any plot or housing unit in a Scheme in the
Specified Area if the allottee, transferee, licensee or lessee fails to pay the
dues or installments, including development charges, in respect of such plot,
or housing unit within three months from the date of receipt of the demand
notice in writing or within such extended time as the Governing Body or the
Executive Board may, in special cases, fix and thereupon the plot or the
housing unit, with or without construction thereon, shall be resumed and shall
vest in the Authority.
18. Conversion of
property to a different use.– (1) If
a person converts any property in a Scheme in the Specified Area to a use or
purpose other than the one provided under the Scheme, without the previous
written approval of the Authority, such person shall be liable to fine which
may extend to two thousand rupees per day from the date of the conversion of
the property till the default continues.
(2) The Authority shall not impose the fine
under sub-section (1) unless the person concerned is afforded an opportunity of
hearing.
19. Removal of
building erected or used in contravention of the Act.– (1) If any land is used or building, structure, work on
land is erected, constructed or used in contravention of the provisions of this
Act or any regulations or orders made thereunder, or in contravention of the
Scheme or without the permission of the Authority, 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 land, building, structure, work on
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 Act.
(2) If
an order under sub-section (1), in respect of any building, structure, work or
land is not complied with in such time, as may be specified therein, the
Authority or any person authorized 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, or seal the building,
premises 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.
20. Power to
frame regulations.– (1) The Governing Body may,
for carrying out the purposes of this Act, frame regulations, not inconsistent
with this Act or any other law, rules, regulations or bye-laws for the time
being in force in the Specified Area.
(2) The Executive Board may, with the prior
approval of the Governing Body, frame regulations relating to the terms and
conditions of service of employees, staff and consultants of the Authority.
21. Act not to override other
laws.– The provisions of this Act shall be in
addition to and not in derrogation of any other law for the time being in
force.
22. Transfer and savings.– (1) After the
repeal of the Defence Housing Authority Islamabad Ordinance 2010 (XV of 2010)
and on commencement of this Act, to the extent of the Specified Area in
District Rawalpindi–
(a) all
assets, rights, powers, authorities and privileges and all property, movable
and immovable, cash and bank balances, reserve funds, investments and all other
interests and rights in or arising out of such property and all liabilities and
obligations of whatever kind of the Defence Housing Authority Islamabad, shall
be transferred to and vested in the Authority;
(b) all contracts and agreements entered into, all rights acquired and
all matters and things agreed to be done by, with or for the Defence Housing
Authority Islamabad shall be deemed to have been entered into, acquired or
agreed to be done by, with or for the Authority;
(c) all
leases executed, all grants made and all lands vested in the name of the
Defence Housing Authority Islamabad shall be deemed to be leases executed,
grants made and, property vested in the name of the Authority;
(d) all
contracts, projects, Schemes, work (whether in progress or not) and all
guarantees, undertakings, obligations, liabilities and mortgages, executed or
subsisting in the name of the Defence Housing Authority Islamabad shall be
deemed to be contracts, projects, Schemes, works, guarantees, undertakings,
obligations, liabilities and mortgages of the Authority;
(e) all
pending disputes in respect of the Defence Housing Authority Islamabad, shall
stand transferred to and be decided by the Administrator and any party aggrieved
by his decision shall have the right of appeal to the Executive Board whose
decision thereon shall be final;
(f) all
suits, petitions and other legal proceedings instituted by or against the
Defence Housing Authority Islamabad, shall be deemed to be suits, petitions,
and proceedings by or against the Authority;
(g) all
allotments and transfers of plots, whether residential, commercial or
otherwise, made by the Defence Housing Authority Islamabad shall be deemed to
be allotments and transfers made by the Authority; and
(h) all
bye-laws and regulations in force immediately before the commencement of this
Act made by the Defence Housing Authority Islamabad, shall continue to remain
in force until, altered or repealed by the regulations framed under the Act.
(2) Notwithstanding anything contained in
subsection (1), the Executive Board may–
(a) alter the area of any plot involving duplicate
allotments and re-allot the same in such manner as it may consider appropriate;
and
(b) pass
such orders in respect of transfer of plots involving duplicate allotments as
it may deem fit.
23. Appeal.– Any person
aggrieved by an order of cancellation under section 17, or imposition of fine
under section 18, or an order under section 19, or an order of the Executive
Board under section 22 may, within fifteen days of the communication of the
order, file an appeal before the Governing Body, whose decision shall be final.
24. Validation.– All actions taken by the Authority from 15 August 2010
till the commencement of this Act shall, to the extent they are consistent with
this Act, be valid.
25. Removal of
difficulty.– If any difficulty arises in
giving effect to any provision of this Act, the Government may, within two
years of the commencement of this Act, give such directions, not inconsistent
with the provisions of the Act, as it may consider necessary for the removal of
such difficulty.
[1]This Act was passed by the Punjab Assembly on 7 January 2013; assented
to by the Governor of the Punjab on 12 January
2013; and, was published in the Punjab Gazette (Extraordinary), dated 14
January 2013, pages 2029-34.
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