[1]THE
PUNJAB DEVELOPMENT OF CITIES ACT, 1976
(Act XIX of 1976)
[16 December 1976 ]
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 Punjab .
[2][(3) It
applies to the cities of Multan and [3][Faisalabad ]
declared as such under sub-section (1) of section 3 of the Punjab Development
of Cities Ordinance, 1976 (No. XI of 1976), with effect from the 22nd October, 1976 and
shall apply to such other city or cities as the Government may, by
notification, specify from time to time.]
(a) “Agency” means an Agency established by the
Authority to perform one or more of its functions under the Act;
(b) “area” means the whole or any part of the
city;
(c) “Authority” means the Authority established
under section 4 of the Act;
(d) “Chairman” means Chairman of the Authority;
(e) “Chief Officer” means the Chief Officer of the
Municipal Corporation;
(f) “city” means an area declared by the
Government to be a city for purposes of this Act;
(g) “Commissioner” means Commissioner of the
Division;
(h) “controlled area” means an area notified as
controlled area by the Authority;
(i) “Director General” means the Director General
of the Authority appointed under section 11 of this Act;
(j) “District Coordination Officer” means the
District Coordination Officer of the District and includes any other officer
appointed by the Government to exercise all or any of the powers and discharge
any of the functions of the District Coordination Officer by whatever
designation called;
(k) “Government” means Government of the Punjab ;
(l) “Government agency” includes–
(i) a division, department, bureau, section,
commission, board, office, or unit of the Government;
(ii) a local government; and
(iii) a developmental or any other public authority,
company or corporation owned or controlled by the Government or a local
government;
(m) “land” includes earth, water and air, above,
below or on the surface and any improvements in the structure customarily
regarded as land and the benefits arising out of land and things attached to
earth or permanently fastened to earth;
(n) “local government” means a local government as
defined in the Punjab Local Government Act 2013 (XVIII of 2013) or under any
other law for the time being in force;
(o) “Mayor” means the Mayor of the Municipal
Corporation concerned;
(p) “member” means a member of the Authority and
includes its Chairman;
(q) “person” includes an individual, company,
firm, institution, Government agency, co-operative society or association of
individuals whether incorporated or not; and
(r) “prescribed” means prescribed by rules or
regulations.]
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 [5][* * *] establish an Authority for
the city to which this Act has been applied [6][:]
[7][Provided that in the case of the
cities of Multan and [8][Faisalabad] 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 [9][Faisalabad] 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.
[10][(4) The Authority shall consist of the Chairman
who shall be the Chief Minister or any other person nominated by him, and the
following members:-
(a) three members, including one woman member, of
Provincial Assembly of the Punjab to be
nominated by the Government;
(b) Mayor;
(c) Chairman Planning and Development Board or his
representative not below the rank of Additional Secretary;
(d) Secretary to Government, Finance Department or
his representative not below the rank of Additional Secretary;
(e) Secretary to Government, Housing, Urban
Development and Public Health Engineering Department or his representative not
below the rank of Additional Secretary;
(f) Secretary to Government, Local Government and
Community Development Department or his representative not below the rank of
Additional Secretary;
(g) Commissioner;
(h) District Coordination Officer;
(i) Director General;
(j) all Managing Directors; and
(k) two technical experts to be nominated by the
Government.]
[11][(5) The
Government may, by notification, alter, increase or decrease the membership of
the Authority.]
(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.
(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.
(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–
(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 [16][local government as defined in the [17][Punjab Local Government Act 2013
(XVIII of 2013)]] or Government agency within the area except with the
concurrence of the Authority.
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.
[19][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 [20][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 [21][government]
may exercise and perform in relation to its local area under the [22][Punjab Local Government Act 2013
(XVIII of 2013)], 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
[23][24. Acquisition.– The Authority may, in accordance
with law, acquire any land or property within the controlled area.]
Chapter VII
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.
[25][(5) In case of deficit revenue of the Authority,
the [26][* * *]
Government shall provide, from its own revenue or from any other source, such
sum as may be necessary for the efficient performance of the functions of the
Authority.]
27. Rates and fees.– (1) With the previous consent of
the [27][[28][[29][* * *]]] 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][30. Budget.– (1) The
Authority shall prepare, in such manner and at such time as may be prescribed,
a budget in respect of the next ensuing financial year showing the estimated
receipts and expenditure of the Authority and each of its Agencies and shall
submit the budget to the Government for approval.
(2) If
the Government fails to approve the budget, with or without modifications,
within thirty days of its receipt, the budget prepared by the Authority shall
be deemed to be the approved budget of the Authority.]
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
[31][32. Penalty.– (1) If a
person contravenes any provision of this Act, or any rules or regulations made
under this Act, he shall, if no other penalty is provided for such
contravention, be liable to punishment with an imprisonment for a term which
may extend to one year or with fine which may extend to two hundred thousand
rupees or with both.
(2) The Magistrate competent to try an
offence under subsection (1) may try the offence in a summary manner in
accordance with the provisions of sections 260 to 265 of the Code of Criminal
Procedure, 1898 (V of 1898).]
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.
(a) Part-A of the Schedule appended to this Act,
such person shall be liable to punishment with imprisonment for a term which
may extend to seven years or with fine which may extend to five hundred
thousand rupees or with both and where an accused was directed by the Authority
for immediate discontinuance of the offence, the Court may impose a further
fine which may extend to fifty thousand rupees for every day during the period
the accused has persisted in the offence from the date of its commission; and
(b) Part-B
of the Schedule appended to this Act, he shall be liable to punishment with
imprisonment for a term which may extend to three years or with fine which may
extend to one hundred thousand rupees or with both and where an accused was
directed by the Authority for immediate discontinuance of the offence, the
Court may impose a further fine which may extend to ten thousand rupees for
every day during the period the accused has persisted in the offence from the
date of its commission.
(2) An
offence punishable under subsection (1) shall be cognizable on a complaint in writing of an officer authorized
by the Authority to the officer incharge of the police station.]
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 [33][[34][[35][* * *]]]
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.
[36][37. Conversion of property to a
different use.– If a person converts a property to use or purpose other
than the one provided under a scheme, master plan or
classification map within the controlled area without the previous
approval in writing of the Authority, he shall be liable to punishment with
imprisonment for a term which may extend to one year or with fine which may
extend to ten thousand rupees per day from the
date of its conversion till the default continues 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.
[37][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, [38][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, [39][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.
[40][SCHEDULE
(see section 34)
Part-A
1. Discharging any dangerous chemical,
inflammable, hazardous or offensive article in any drain, or sewer, public
water course or public land vested in, managed, maintained or controlled by the
Authority or an Agency in such manner as causes or is likely to cause danger to
persons passing by or living or working in neighbourhood, or risk or injury to
property or causing harm to the environment.
2. Failure of industrial or commercial concerns
or such property holders to provide adequate and safe disposal of affluent or
prevention of their mixing up with the water supply or sewerage system.
Part-B
1. Willfully
obstructing any officer or servant of Authority or any person authorized to
exercise power conferred under this Act.
2. Failure
to deliver back possession of a property to the Authority on expiration or
cancellation of lease or allotment or exemption of a plot.
3. Doing
an act without license, approval or permission when the doing of such act
requires a license or permission under any of the provisions of the Act, the
rules or regulations.
4. Violation
of the master plan, building plan or sanctioned site development scheme
including the plans and schemes sanctioned under the repealed enactments,
allotting, selling or using the land for the purpose other than the approved
layout plan.
5. Erection or re-erection of building over set
back area or parking area or building line area required to be left open under
the rules or bylaws for using such space for any purpose which is not approved.
6. Changing or converting into any other use
any portion of a commercial or residential building or area specified or
earmarked for public parking or amenities.
7. Establishing
any parking stand on any property or on any open space and public park or land
vested in or managed, maintained or controlled by the Authority or any Agency.
8. Establishing temporary shops or running any
restaurant or vending stalls for eatables, wooden khokhas or any sort of
commercial activity on any road, street, footpath, public place, over a drain,
or any other property vesting in the Authority.
9. Obstructing
or tampering with any road, street, drain or sewer pipe or pavement or
tampering with any main pipe, meter or any apparatus or appliance for the
supply of water or sewerage system or laying out a drain or altering any drain
in a street or road.
10. Connecting
any house drain with a drain in a public street without approval of the
Authority.
11. Drawing
off, diverting or taking any water except with the permission required under
this Act, rules or regulations.
12. Willfully causing damage, or allowing damage to
be caused to any property which vests in the Authority, or which is intended to
be acquired by the Authority, or unlawfully converting it to his own or any
other person’s use.
13. Refusal
or willfully neglecting to provide any officer or servant of the Authority with
the means necessary for entering into any premises for purposes of collecting
any information or making an examination or enquiry in relation to any water
works.
14. Failure
or neglect of the sponsor to abide by or fulfill the commitment made to a
person regarding allotment of a plot, housing unit or price of the same in any
scheme.
15. Without
lawful excuse, filing or refusing to comply with any direction or order issued
by the Authority under this Act.
16. Unauthorized occupation without permission of
the owner of land or plot in a housing scheme developed and controlled by the
Authority.
17. Attempting
to commit or abetting the commission of an offence punishable under this Act.]
[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]Substituted for the word
“Lyallpur” by the Punjab Development of Cities (Amendment) Act 2006 (XVI of
2006).
[4]Substituted by the Punjab Development of Cities
(Amendment) Act 2014 (V of 2014).
[10]Substituted by the Punjab Development of Cities
(Amendment) Act 2014 (V of 2014).
[11]Substituted for sub-section (5) by the Punjab
Development of Cities (Amendment) Act 2014 (V of 2014), which is as under:-
“(5) Membership of the Authority may be altered, increased or decreased
by the Zila Council with the approval of the Government.”
[13]Added by the Punjab
Development of Cities (Amendment) Act 1998 (IV of 1998).
[14]Substituted by the Punjab Development of Cities (Amendment) Act 1998 (IV of
1998).
[15]Inserted by
the Punjab Development of Cities (Amendment)
Ordinance, 1982 (I of 1982).
[16]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).
[17]Substituted for “Punjab Local Government Ordinance,
2001 (XIII of 2001)”, by the Punjab
Development of Cities (Amendment) Act 2014 (V of 2014).
[18]Added by the Punjab Development of Cities (Amendment) Ordinance, 1984
(XXVII of 1984).
[19]Added by the Punjab
Development Authorities Laws (Amendment) Act, 1999 (VII of 1999).
[20]Substituted for the word
“council” by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII
of 2002).
[22]Substituted for “Punjab Local Government Ordinance,
2001 (XIII of 2001”, by the Punjab Development
of Cities (Amendment) Act 2014 (V of 2014).
[23]Substituted for section 24, by the Punjab Development
of Cities (Amendment) Act 2014 (V of 2014), which read as under:-
“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.”
[24]Section 25 “Application of Act No. VIII of 1973”
omitted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014).
[26]The words “City District” omitted by the Punjab
Development of Cities (Amendment) Act 2014 (V of 2014).
[28]Substituted for the words
“Tehsil Municipal Administration, in whose jurisdiction the scheme is located” by the Punjab Development of
Cities (Amendment) Act 2006 (XVI of 2006).
[29]The words “City District Government and the Provincial”
omitted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014).
[30]Section 30 has successively
been substituted; by the Punjab Ordinance, 2002 (XLII of 2002), by the Punjab
Development of Cities (Amendment) Act 2006 (XVI of 2006) and now by the Punjab
Development of Cities (Amendment) Act 2014 (V of 2014).
[31]Section 32 substituted by the
Punjab Development of Cities (Amendment) Act 2014 (V of 2014), which read as
under:-
“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.”
[32]Section 34 substituted by the Punjab
Development of Cities (Amendment) Act 2014 (V of 2014), which read as under:-
“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.”
[34]Substituted for the words and
commas “Tehsil Municipal Administration, in which the maximum area under the
jurisdiction of the Authority falls,” by the Punjab Development of Cities
(Amendment) Act 2006 (XVI of 2006).
[35]The words “City District Government and the Provincial”
omitted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014).
[36]Section 37 substituted by the
Punjab Development of Cities (Amendment) Act 2014 (V of 2014), which read as
under:-
“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.”
[37]Added by the Punjab Development of Cities (Amendment) Ordinance, 1984
(XXVII of 1984).
[40]Inserted by the Punjab Development of Cities
(Amendment) Act 2014 (V of 2014).
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