[1]THE
DERA GHAZI KHAN DEVELOPMENT AUTHORITY ACT 1991
(Pb. Act VI of 1991)
[30 March 1991 ]
Preamble.— Whereas it is expedient to provide
for the establishment of Dera Ghazi Khan Development Authority for the
development of the areas comprising the Revenue Division of Dera Ghazi Khan in
the manner hereinafter appearing;
It
is hereby enacted as follows:-
1. Short title, commencement and extent.— (1) This Act may be called the Dera
Ghazi Khan Development Authority Act 1991.
(2) It shall come into force at once.
(3) The areas of Jurisdiction of the
Authority shall be such as may be determined by the Government by Notification.
2. Definitions.— In this Act, unless there is
anything repugnant in the subject or the context—
(a) ‘Authority’ means the Dera Ghazi Khan
Development Authority;
(b) ‘area’ means the area of jurisdiction of the
Authority as may be notified;
(c) ‘Chairman’ means Chairman of the Authority;
(d) ‘Director General’ means Director General of
the Authority;
(e) ‘Government’ means Government of the Punjab ;
(f) ‘Government Agency’ includes—
(i) a division, department, bureau, section,
commission, board, office or unit of the Government;
(ii) a Local Council; and
(iii) a development or any other public authority, company or corporation
(whether autonomous or semi-autonomous) owned or controlled by the Government
or a Local Council;
(g) ‘land’ includes earth, water and air above,
below or on the surface and any improvement in the structure customarily
regarded as land and benefit arising out of land and things attached to earth
or permanently fastened to earth;
(h) ‘member’ means member of the Authority and
includes its Chairman;
(i) ‘person’ includes an individual, company,
firm, cooperative society or association of individuals whether incorporated or
not;
(j) ‘prescribed’ means prescribed by rules or
regulations.
3. Establishment of the Authority.— (1) As soon as may be after the
commencement of this Act, the Government may establish an Authority known as
‘Dera Ghazi Khan Development Authority’.
(2) The Authority shall be a body corporate
having power to acquire and hold property, movable and immovable, shall have
perpetual succession and a common seal and shall by the said name sue and be
sued.
4. Constitution of the Authority.— (1) The Authority shall consist of
such members as may be notified by the Government.
(2) The Government shall appoint one of the
members of the Authority as its Chairman.
5. Powers and functions.— (1) Subject to the provisions of
this Act and the rules framed thereunder, the Authority may exercise such
powers and take such measures as may be necessary for carrying out the purpose
of this Act.
(2) Without prejudice to the generality of
the foregoing sub-section, the Authority may—
(a) prepare, implement and enforce schemes for
development of agriculture and industry, forest conservation and development,
development of irrigation facilities, development of means of communication,
development of mineral resources, construction and development of housing,
water supply, sewerage, drainage, promotion of tourism, environmental
improvement, urban renewal including slums clearance and re-development, solid
waste disposal, health and education facilities and preservation of objects or
places of historical, archaeological, scientific, cultural and recreational
importance;
(b) acquire property, both movable and immovable;
(c) sell, lease, exchange or otherwise dispose of
any property vested in it;
(d) undertake any works and incur any expenditure;
(e) procure machinery, instruments or any other
material required by it;
(f) enter into contracts;
(g) 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;
(h) issue interim development orders for areas 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
structures and installations;
(i) cause removal of any works obstructing the
execution of its schemes;
(j) 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
(k) undertake any other function which the
Government may assign to it.
(3) The Authority, with the approval of the
Government may, and if directed by the Government, shall undertake the
maintenance and regulation of such schemes and other activities of a Government
Agency as may be necessary, and when a scheme or any activity is undertaken by
the Authority, the assets and liabilities connected therewith shall also stand
transferred to the Authority.
(4) The Authority, with the approval of the
Government may, and if directed by the Government, shall transfer any of its
functions and powers to a Government Agency on such terms and conditions as it
may deem fit.
(5) The Government on its own or on a
resolution of the Authority, may delegate all or any of its functions and
powers including powers to levy or recover a tax to the Authority to such
extent and for such period as may be necessary.
6. Appointment of Director General.— (1) The Director General may be
appointed by the Government on such terms and conditions as the Government may
fix.
(2) The Director General shall—
(a) be a whole-time officer of the Authority;
(b) perform such duties as may be assigned to him
and exercise such powers as may be delegated to him by the Authority; and
(c) hold office during the pleasure of the
Government.
7. Appointment
of officers and association of other persons.— (1) The
Authority may, subject to such general or special orders as the Government may
give, 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.
(2) The Authority may associate with it, in such manner, on
such terms and for such purpose as it may deem fit, any person whose assistance
or advice may be required in carrying out the purposes of this Act.
8. Executive Authority.— (1) Save as otherwise provided, the
executive authority of the Authority shall vest in and be exercised by its Director
General.
(2) All acts of the authority shall be
expressed to be taken in the name of the Authority and shall be authenticated
by the Director General by affixation of his official seal.
9. Disposal of business.— (1) The business of the Authority
shall be disposed of at its meetings or at the meetings of its committees, or
by its Director General or servants or other functionaries.
(2) The Authority shall have power to
function notwithstanding any vacancy in its membership.
(3) No proceeding shall be invalid by reason
only that some persons who were not entitled to do so, sat and voted or
otherwise took part in the proceedings.
(4) The Authority may constitute such
financial, technical and advisory committees as it may deem necessary for
carrying out the purposes of this Act.
10. Meetings.— (1) The members of the Authority
shall meet at such place and at such time as the Authority may decide.
(2) The Authority may frame regulations for
the conduct of its meetings.
(3) The Chairman and in his absence any other
member of the Authority elected by the members for that purpose shall preside
over the meetings.
(4) The Authority shall hold at least one
meeting during each quarter of the year.
11. 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.
(2) No planning or development scheme shall
be prepared by any person, Local Council or Government Agency within the area
except with the concurrence of the Authority.
12. Notification
of schemes.—
Any scheme prepared under this Act may, at any time, be amended or modified by
the Authority in the same manner as may be prescribed for the preparation of a
scheme.
13. Power
to give directions.—
(1) The Authority may, with the prior approval of the Government, 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 work and
services in that 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 Government Agency and in the event of
disagreement, as may be determined by the Government.
14. Power
to execute any schemes.—
(1) Where the Authority is satisfied that any direction given by it under
sub-section (1) of section 13 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 purposes
of execution of such work, all the powers which may be exercised, under any
law, by the Government Agency concerned.
15. Power
to act as a Local Council.—
During such period and for such locality, as the Government may by notification
specify, the Authority may, notwithstanding anything contained in any other
law, exercise and perform such powers and functions as a Local Council may
exercise and perform in relation to its local area, under the Punjab Local
Government Ordinance 1979.
16. 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:
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.
17. Power to levy betterment fee.— Where as a
consequence of any scheme having been executed by the Authority, the value of
any property in that locality, in the opinion of the Authority, has increased
or will increase, the Authority shall, with the previous consent of the
Government, be entitled to levy upon owners of the property or any person
having an interest therein, a betterment fee in respect of the increase in
value of the property resulting from the execution of the scheme.
18. Assessment
of betterment fee.—
(1)Wherever 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 thereafter 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 betterment fee in respect
of the property mentioned in section 17.
(2) The
betterment fee under section 17 or under sub-section (1) of this section, shall
be assessed and be payable, in the manner prescribed.
19. 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 utilised by the Authority in
connection with its functions under this Act including payment of salaries and
other such remunerations by the Authority.
(2) To the Authority Fund, shall be credited—
(a) grants made by the Government;
(b) all moneys received from Federal Government or
any international agency 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 or immovable;
(e) proceeds from the self-financing schemes;
(f) loans obtained from the Government or State
Bank of Pakistan or any Scheduled Bank with special or general sanction of the
Government;
(g) all profits or interests accruing from
investment; and
(h) such proceeds from the sources of income or
disposal of assets of the Government, as the Government may direct to be placed
at the disposal of the Authority.
(3) The Authority may keep in current account
of any Scheduled Bank such sum as may be prescribed and any amount in excess of
the said amount shall be invested in the Government securities, the Government
sponsored saving schemes or in such manner as may be determined by the
Authority.
Explanation.— For the purpose of this
sub-section, the Government includes Federal Government.
20. Rates
and fees.—
With the previous consent of the Government, funds may be raised by the Authority,
from time to time, to meet the cost of its schemes by imposing fees, rates and
other charges.
21. Accounts.— The Authority shall maintain proper
accounts and other relevant records and prepare annual statement of accounts in
such form as may be prescribed.
22. Budget.— The Authority shall prepare, every
year, in such form 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 shall submit the same to the Government for approval and
if the Government does not approve or modify the budget within thirty days of
its receipts, the budget as prepared by the Authority shall be deemed to be the
approved budget.
23. Audit.— The accounts of the Authority shall
be audited in such manner as may be directed by the Government.
24. Penalty.— Whoever contravenes any provisions
of this Act, or any rules or regulations made thereunder shall, if no other
penalty is provided for such contravention, be punishable with imprisonment for
a term which may extend to six months, or with fine which may extend to five
thousand rupees or with both.
25. Causing damage to property and disobedience
of orders.— (1) Whoever willfully causes damage, or allows damage to
be caused to any property which vests in the Authority, or which is intended to
be acquired by the Authority, or unlawfully converts it to his own or any other
person’s use shall, without prejudice to any other liability, be punishable
with imprisonment for a term which may extend to one year, or with fine which
may extend to ten thousand rupees or with both.
(2) Whoever refuses or willfully neglects to
provide any officer or servant of the Authority with the means necessary for
entering into any premises for the purposes of collecting any information or
making an examination or enquiry in relation to any water works shall be
punishable with imprisonment which may extend to one month or fine which may
extend to one thousand rupees 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 24.
(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 offences 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.
26. Cognizance
of offences by courts.—
No court shall take cognizance of any offence punishable under this Act except
on a complaint in writing made by an officer authorised for the purpose, by the
Authority.
27. Annual
Report.—
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 manner as
may be prescribed.
28. 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.
29. Conversion of property to a different use.— Any conversion
of property to a different use or purpose other 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 five
hundred 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 fine upto
ten thousand rupees or with both.
30. Summary
ejectment of unauthorised occupants.— The Authority may, in the manner prescribed, cause any
person in unauthorised occupation of any land or property vesting in the
Authority to be ejected by use of such force as may be necessary.
31. Removal
of buildings, etc.—
(1) Where any building or structure is erected or used or any land is used in
contravention of the provisions of this Act or of any rule, regulation or order
made thereunder, the Authority may, in the manner prescribed, cause 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 provisions of this Act.
(2) If any 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 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.
32. Members,
officers and employees to be public servants.— The Chairman, Members, Director
General, Officers, Servants, Experts and Consultants of the Authority shall be
deemed to be public servants within the meaning of section 21 of the Pakistan
Penal Code.
33. Immunity
of authority and its employees.— No suit, prosecution or any other legal proceedings shall
lie against the Authority, the Chairman, the Director General, any member, servant,
expert or consultant of the Authority, in respect of anything done or intended
to be done in good faith under this Act.
34. Delegation
of powers.—
(1) The Authority may, by general or special order, delegate to the Director
General, or any member, officer 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.
(2) The Director General may, subject to the
approval of the Authority, delegate any of his powers, duties or functions,
other than those delegated to him under sub-section (1), to any member, officer
or employee of the Authority.
35. Power
to make rules.—
Subject to the provisions of this Act, the Government may make rules for carrying
into effect the purposes of this Act.
36. 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 and the rules.
37. The
Act to prevail over other laws.— In the event of any conflict or inconsistency between the
provisions of this Act and the provisions of any other laws, the provisions of
this Act shall, to the extent of such conflict or inconsistency, prevail.
38. Repeal.— The Dera Ghazi Khan Development
Authority Ordinance 1991 (X of 1991) is hereby repealed.
[1]This Act was
passed by the Punjab Assembly on 13th March, 1991; assented to by the Governor
of the Punjab on 26th March, 1991; and, was published in the Punjab Gazette
(Extraordinary), dated 30th March, 1991, Pages 841 to 848.
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