(Pb. Act XII of 1998)
[30 November 1998]
Preamble.— Whereas it is expedient to regulate the
disposal of land by the Development Authorities, in the manner hereinafter
appearing;
It
is hereby enacted as follows:-
1. Short title and commencement.— (1) This Act may be called the Disposal of
Land by Development Authorities (Regulation) Act 1998.
(2) It shall come into force at once and
shall be deemed to have taken effect on the day the Disposal of Land by
Development Authorities (Regulation) Ordinance 1998 (XVIII of 1998) stands
repealed under Article 128(2) of the Constitution.
2. Definitions.— In this Act, unless there is anything
repugnant to the subject or context—
(1) “destitute”
means a disabled person permanently incapacitated, otherwise than in the
performance of public duty, to earn his livelihood or a widow or a minor orphan
whose monthly income does not exceed Rs.2000/- per month;
(2) “Development
Authority” means the Lahore Development Authority, the Bahawalpur Development
Authority, the Dera Ghazi Khan Development Authority, an Authority established
under the Development of Cities Act, 1976, a Trust established under the Punjab
Town Improvement Act, 1922 and the Directorate General of Housing and Physical
Planning Punjab;
(3) “disabled”
means a person who on account of injury received by him in the performance of
his functions or voluntary service for or in aid of the Government is
handicapped for undertaking any gainful profession or employment to earn his
livelihood and is declared as such by a medical board constituted by the
Government;
(4) “exemption policy” means the policy approved for a housing scheme
whereunder allotment through exemption has been allowed to the land owners in
exchange for the land acquired from them;
(5) “housing
scheme” means a housing scheme prepared by a Development Authority; and
(6) “land”
means a plot, a site or a constructed unit.
3. Categorization of plots, etc.— (1) At the time of sanction of a housing
scheme—
(a) the
plots in the scheme shall be categorized as residential, commercial, industrial
and public amenity plots; and
(b) the
number of plots, the area covered by the plots and the public utility areas
shall be indicated in the scheme.
(2) No alteration of the scheme shall be made
without the approval of the competent authority.
(3) No
alteration of a housing scheme which is transferred from one Development Authority
to another shall be made except with the approval of the competent authority in
the transferee Development Authority.
4. Disposal of land.— In the housing schemes, the land shall be
disposed of in the following manner—
(a) plots
falling in the zone of above ten marlas and all constructed units shall be
disposed of through open auction; [2][2][provided
that allotment of 3 to five marla residential units, multi-storey flats/
apartments shall be made through ballot;]
[3][3][(b) (1) plots
falling in the zone of above 5 marla to 10 marla and upto 5 marla shall be
disposed of in the following manner—
Sr. No.
|
Manner of disposal
|
Percentage
|
(i)
|
through open auction.
|
|
(ii)
|
allotment by GHQ to the
defence personnel who become permanently disabled or the legal heirs of the
defence personnel who lay down their lives in the discharge of official
duties.
|
|
(iii)
|
allotment
by the Governor to such persons who become permanently disabled in the
performance of functions or voluntary services in relation to the affairs of
the Government or the legal heirs of the persons who die while performing
such functions or services.
|
(2) Plots falling in the zone of upto 5 marla shall
be disposed of through allotment in the following manner:-
Sr. No.
|
Manner of disposal
|
Percentage
|
(i)
|
General public (by ballot)
|
80%
|
(ii)
|
allotment
by GHQ to the defence personnel who become permanently disabled or the legal
heirs of the defence personnel who lay down their lives in the discharge of
official duties.
|
5%
|
(iii)
|
allotment
by the Governor to such persons who become permanently disabled in the
performance of functions or voluntary services in relation to the affairs of
the Government or the legal heirs of the persons who die while performing
such functions or services.
|
2%
|
(iv)
|
a) Government servants as well
as employees of Autonomous/Semi-Autonomous Bodies (by ballot).
|
5%
|
b) retired Government servants
including widows and dependants of deceased Government servants who died
before retirement and did not own a plot (by ballot)
|
2%
|
|
(v)
|
minorities
(by ballot)
|
1%
|
(vi)
|
destitutes
(by ballot)
|
5%]
|
(c) The
provisions of this section shall apply to the housing schemes in which
allocation for defence personnel and Government servants had been made only to
the extent the said allocation has not been exhausted.
(d) A
plot allotted against an allocation shall not be transferable until all the
terms and conditions of the allotment are fulfilled.
(e) In
the case of non-residential plots—
(i) commercial and industrial plots, sites and constructed units shall
be sold through open auction;
(ii) public amenity plots sites for mosques and graveyards shall be
allotted in such manner and on such conditions as may be prescribed;
(iii) sites for petrol pumps shall be leased out through open auction;
and
(iv) agricultural
lands shall be leased out for cultivation only through open auction.
(f) In
a scheme where compensation is required to be given in the shape of developed
plots, the apportionment of plots for the allocations mentioned in clauses
(b)(ii), (b)(iii) and (b)(iv) shall be made after deducting the plots to be
exempted under the provisions of the Punjab Acquisition of Land (Housing) Act,
1973 read with the Punjab Acquisition of Land (Housing) (Repeal) Act, 1985 or
the exemption policy as the case may be.
[7][7][(g) Notwithstanding anything contained in this
section Government may allow sale and disposal of land in special circumstances
at such rate and on such terms and condition as it may determine.]
5. Conversion.— No public utility area or public amenity
plot in a housing scheme shall be converted to any other use [8][8][:]
[9][9][Provided that the
Government may permit conversion of cinema site for commercial use with the
condition that adequate facilities for cinema and projection theater are
provided in the binding to be raised at such site.]
6. Penalty for conversion.— The conversion of a plot or site to a use or
purpose other than the one provided in the sanctioned housing scheme, except in
the prescribed manner, shall be punishable with imprisonment for a term which
may extend to one year or with fine which may extend to Rs.1000/- per day from
the date of conversion till the default continues or with both.
7. Removal of buildings, etc.— (1) If any building or structure is erected
or used in contravention of the provisions of this Act or any rule made
thereunder, the Development Authority concerned may, by order in writing,
require the owner, occupier, user or person in control of such building or
structure to remove, demolish or alter the building, structure or work or to
use it in such manner so as to bring such structure or use in accordance with
the provisions of this Act.
(2) If an order under sub-section (1) in
respect of any building or structure, is not complied with within such time, as
may be specified therein, the Development Authority may, after giving the
person affected by the order, an opportunity of being heard, remove, demolish
or alter the building or structure 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 structure, construction or use of the building or structure, in
contravention of the provisions as aforesaid.
8. Appeal.— An order passed by any officer of a
Development Authority affecting allotment, sale, lease or any matter
consequential thereto shall be appealable in such manner as may be prescribed.
9. Rules.— The Government may make rules for carrying
out the purposes of this Act.
[1][1]This Act was passed by the
Punjab Assembly on 27th November, 1998; assented to by the Governor of the
Punjab on 28th November, 1998; and, was published in the Punjab Gazette
(Extraordinary), dated 30th November, 1998, pages 4215 to 4217.
[2][2]Added by
the Disposal of Land by Development Authorities (Regulation) (Third Amendment)
Ordinance, 2002 (XLVII of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[3][3]Substituted by the Disposal
of Land by Development Authorities (Regulation) (Amendment) Ordinance, 2002 (V
of 2002), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[4][4]Substituted
for the figures “95%” by the Disposal of Land by Development Authorities
(Regulation) (Third Amendment) Ordinance, 2002 (XLVII of 2002), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[7][7]Added by the Disposal of Land
by Development Authorities (Regulation) (Second Amendment) Ordinance, 2002
(XLVI of 2002), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[8][8]Substituted for the “full-stop”
by the Disposal of Land by Development Authorities (Regulation) (First
Amendment) Ordinance, 2002 (XL of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
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