THE WALLED CITY OF LAHORE ACT 2012
( XXXVI OF
2012)
[18th April, 2012]
An
Act
to provide for the
conservation, planning, development, management and regulation of Walled City
of Lahore.
Preamble.– Whereas it is necessary in
public interest to ensure a holistic, comprehensive and integrated legal
framework and specialized institutional arrangement for the conservation of the
heritage of the Walled City of Lahore and to enhance the quality of life of the
people of the Walled City of Lahore and to provide for the planning,
development, management and regulation of the infrastructure and services
therein as well as conduct of business and commercial activity and ancillary matters;
It is enacted as follows:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.– (1) This Act may be cited as the Walled City of
Lahore Act 2012.
(2)
It shall extend to whole of the Walled City of Lahore.
(3)
It shall come into force at once.
2.
Definitions.–
In this Act–
(i)
“Act” means the Walled City of Lahore Act 2012;
(ii)
"alter" means to change in any manner and
includes any action that detracts from the heritage value;
(iii)
"Authority" means the Walled City of Lahore
Authority established under section 3 of the Act;
(iv)
“Board” means the Heritage Conservation Board
constituted under section 9 of the Act;
(v)
"building" includes any structure, house,
dwelling, depot, godown, hall, wall, gate, monument, grave, tomb, minaret,
shrine, shop, shelter, hut, porch, shed, dome, edifice, colonnade, gallery,
deck, den, fort, fountains, public baths, business place, place of worship, and
includes urban open space, covered streets, passages and paths connected to any
building or such other site as the Authority may notify;
(vi)
"building fabric" means all the physical
material of a building or a structure including components, fixtures, contents,
manner and material of construction, surface finishes and adornments, and
objects thereof;
(vii)
"Citizen Community Council" means the Citizen
Community Council set up under section 38 of the Act;
(viii)
"conservation" means any activity undertaken
to conserve the heritage or heritage value and includes identification,
preservation, protection, regeneration, redevelopment, revitalization,
rehabilitation, reconstruction maintenance, restoration, adaptation, structural
consolidation, for purposes of transmission of heritage value;
(ix)
"Directorate" means a Directorate established
under section 10 by the
Authority to perform one or more
of its functions under the Act;
(x)
"Director General" means the Director General
of the Authority;
(xi)
"encroachment" means any unauthorized
structure on a public area, public crossings, public passage or urban open
space, or unauthorized use of public area, public crossings, public passage or
urban open space;
(xii)
"environment" means air, physical space,
urban form, sensory qualities including vistas, views and sights;
(xiii)
"Government" means Government of the Punjab;
(xiv) "Government Agency"
includes–
(a)
a department, attached department, bureau, section,
commission, board, office, or unit of the Government;
(b)
a local government as defined in the Punjab Local
Government Ordinance, 2001 (XIII of 2001) or in any other law relating to local
governments for the time being in force; and
(c)
a developmental or any other public authority, company
or corporation owned or controlled by the Government or a local government;
(xv)
"group of buildings" means group of separate
or connected buildings which, because of their architecture, their homogeneity,
neighborhood or their place in the landscape, are of heritage value;
(xvi)
"heritage" means architectural,
archeological, monumental, historic, artistic, aesthetic, cultural or social
aspects, reflections, elements, features of a building, group of buildings,
structure, building fabric, urban fabric, urban open space, public area, public
crossings or public passage and environment of the Walled City and includes
intangible heritage;
(xvii)
"heritage property" means any building, land,
structure, fabric or work of heritage value declared as heritage property for
purposes of the Act;
(xviii)
"heritage value" includes architectural,
archaeological, monumental, historic, artistic, aesthetic, cultural or social
value, age value and commemorative value, use value, place value, of the
heritage as identified and assessed for establishing authenticity;
(xix)
"inhabitant" means a person, other than an
owner or an occupant, who is in active possession of a private building as a
tenant, lessee, licensee, or permissive possessor of a building;
(xx)
"intangible heritage" includes the customary
practices, representations, expressions, knowledge, lore, skills, traditions,
festive events, traditional craftsmanship, performing arts as well as the
instruments, objects, artifacts associated therewith and also includes the
evolution thereof;
(xxi)
"land" includes earth, water and air, above,
below or on the surface and any improvements in the structure customarily
regarded as land and benefits arising out of land and things attached to earth
or permanently fastened to earth;
(xxii)
"maintenance" means the continuous protective
care of the fabric and setting of a building, group of buildings, urban open
space, and includes the fencing, covering in renovating, repair, and cleansing
thereof;
(xxiii)
"master conservation and re-development plan"
means the comprehensive plan for conservation and re-development of the
heritage, prepared by the Authority under section 15 of the Act;
(xxiv)
"occupant" means any person in occupation of
a building in his own right and is not a tenant, lessee, licensee, without any
obligation to pay rent, fee or charge to any person in any manner whatsoever;
(xxv)
"owner" includes any person who is receiving
or is entitled to receive the rent of any building or land whether on his own
account or on behalf of himself and others or an agent or trustee, or who would
so receive the rent or be entitled to receive it if the building or land were
let to a tenant;
(xxvi)
"person" includes an individual, company,
firm, cooperative society or association of individuals;
(xxvii)
“prescribed” means prescribed by the rules made or
regulations framed under the Act;
(xxviii)"private
building" means a building which is in the ownership of a private person
irrespective of its nature or use;
(xxix)
"public area" means any place, or urban open space to which
public, subject to any restrictions deemed to be in the public interest, has a
free and unfettered access;
(xxx)
"public crossing" means any place, square,
courtyard or other urban open space, where two or more public passages
intersect and used by the public as a thoroughfare;
(xxxi)
"public passage" includes a road, street,
public crossing, cul-de-sac and path
whether or not a thoroughfare, over which the public have a right of way;
(xxxii)
"public utility building" includes any
building or urban open space constructed, built, or used for social, religious,
political, congregational, entertainment or amusement purpose;
(xxxiii)"regulations" means the regulations framed
under the Act;
(xxxiv)"rules" means the rules made under the Act;
(xxxv)
"scheme" means any scheme prepared by the Authority for purposes of giving
effect to any provisions of the Act;
(xxxvi)"structure"
means any type of construction or a covered space and includes ruins or remains
of a building or group of buildings;
(xxxvii) "Trade
and Business Council" means the Trade and Business Council of the Authority;
(xxxviii)
“transfer of property” means transfer of property as
defined in section 5 of the Transfer of Property Act, 1882 (IV of 1882);
(xxxix)
“urban fabric” includes monuments, ordinary buildings,
streets, urban open spaces, urban patterns defined by land parcels and streets,
street pavement, elements of the utility infrastructure, street furniture,
signage, and public facilities;
(xl)
“urban open space" includes gardens, parks,
playgrounds, walled spaces, playfields, recreational areas and open spaces
available to public;
(xli)
"Walled City" means the areas specified in
the Schedule appended to the Act; and
(xlii)
“zone of special value” means any area of special
architectural or historic interest or appearance which it is desirable to
preserve, enhance or develop, designated under section 24 of the Act.
CHAPTER II
WALLED CITY OF LAHORE AUTHORITY
3.
Establishment
and constitution of the Authority.– (1) The Government may, by notification
in the official Gazette, establish an Authority for the Walled City to be known
as the Walled City of Lahore Authority.
(2) The Authority
shall be a body corporate with perpetual succession and a common seal, with
power to acquire, hold and dispose of property, and it may sue or be sued in
its name.
4.
Members of
the Authority.– (1) The Authority shall consist of the following members:-
(i)
Chief Minister of the Punjab; Chairperson
(ii)
Chief Secretary of the Government Vice-Chairperson
(iii)
All members of the Provincial and National Assembly
whose Members constituency falls partly or wholly within the Walled City;
(iv)
Chairman, Planning and Development Board of the
Government; Member
(v)
Director General of the Authority; Member/Secretary
(vi)
Secretary to the Government, Finance Department; Member
(vii)
Chairperson of the Heritage Conservation Board; Member
(viiii) Zila Nazim, City District Government
Lahore; Member
(ix) four qualified persons to be
nominated by the Chairperson on the Members recommendation of all members of
the Provincial and National Assembly whose constituency falls partly or wholly
within the Walled City.
(2)
The person qualified to become a member of the
Authority–
(i)
shall be at least thirty years of age;
(ii)
shall be a prominent and well-reputed resident of the
Walled City;
(iii)
should not have any criminal record; and
(iv)
may not have served as member of the Authority for two
consecutive terms.
(3)
A member of the Authority, other than an ex-officio member, unless removed by the
Authority, shall hold the office for a period of three years.
(4)
A member who has a financial or personal interest in
any proceedings of the Authority shall not take part in the proceedings.
(5)
No act or proceedings of the Authority shall be invalid
merely by reason of any vacancy or defect in the constitution of the Authority.
5.
Meetings and
conduct of business by the Authority.– (1) The Authority shall meet at
least three times in a calendar year.
(2)
The Director General shall convene a meeting of the
Authority with the prior approval of the Chairperson or upon receiving written
request of five or more members.
(3)
The request under sub-section (2) shall be accompanied
by the proposed agenda for the meeting.
(4)
The meetings of the Authority shall be presided over
by–
(i)
the Chairperson; or
(ii)
in the absence of the Chairperson, the Vice
Chairperson; or
(iii)
in the absence of the Chairperson as well as the
Vice-Chairperson, by a member of the Authority elected for the purpose by the
members present at a meeting.
(5) The Authority shall transact its
business in accordance with the prescribed manner.
6.
Director
General.– (1) The Chairperson may, on the recommendation of the Authority,
appoint the Director General on such terms and conditions as may be prescribed.
(2)
The Director General shall be a person selected
directly through public advertisement having, among other qualifications,
fifteen years’ experience of management or academics in the fields of heritage,
culture, or urban planning.
(3)
An officer of the Government of the rank and status of
BS-20 or above and possessing the requisite expertise mentioned in sub-section
(2) shall be eligible for appointment as the Director General.
(4)
The Director General shall be the Chief Executive of
the Authority and shall–
(i)
be a whole time officer of the Authority;
(ii)
perform such duties and exercise such powers as are
assigned to him under the Act or as may be prescribed or as may be delegated to
him by the Authority; and
(iii)
hold office for a term of three years but shall remain
in office for three months thereafter or until a successor in that office is
appointed, whichever is earlier.
(5)
Nothing in the preceding sub-section shall preclude the
Chairperson from extending the term of office of the Director General for such
period as the Authority may determine.
(6)
The Director General, who is not a Government servant,
may resign by tendering his resignation to the Chairperson and shall cease to
hold office upon acceptance of his resignation.
(7)
The Chairperson, on the recommendation of the
Authority, may remove or, as the case may be, transfer the Director General
during the term of his office.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
7.
Functions of
the Authority.– (1) Subject to the provisions of the Act, rules or
regulations, the Authority shall perform such functions and take such measures
as may be necessary for carrying out the purposes of the Act.
(2)
Without prejudice to the generality of the provisions
of sub-section (1), the Authority shall–
(i)
implement and execute master heritage conservation and
re-development plans;
(ii)
prepare and execute schemes;
(iii)
identify, assess and authenticate heritage value;
(iv)
conserve heritage of the Walled City;
(v)
establish, maintain and periodically revise planning
controls and building regulations for purposes of the Act;
(vi)
regulate the transfer of property;
(vii)
preserve and promote culture;
(viii)
develop and maintain an urban open space;
(ix)
conserve and upgrade the environment;
(x)
regulate the use of public places, urban open spaces,
public crossings or public passages for purposes of public communication,
ceremonies, or ritual events;
(xi)
prepare, implement and enforce schemes for
environmental improvements, urban renewal, including solid waste disposal,
transportation and traffic,
health and education facilities;
(xii)
maintain the record of heritage properties;
(xiii)
cause studies, surveys, technical researches to be made
or contribute towards the cost of any such studies, surveys, technical
researches;
(xiv)
issue interim development order for proceeding with the
conservation and structural consolidation of a building under imminent threat
of structural damage of any nature; and
(xv)
perform other functions as are incidental to the above
functions or as the Government may assign to the Authority for purposes of the
Act.
8.
Powers of
the Authority.– (1) The Authority shall have all powers necessary to
perform its functions under the Act.
(2)
In particular, and without prejudice to the generality
of the foregoing powers, the Authority shall exercise the following powers:-
(i)
undertake any work, incur any expenditure for the
implementation of the master conservation and re-development planned schemes;
(ii)
provision of civic utilities and municipal services;
(iii)
regulation of building construction and granting
permits for demolition and reconstruction;
(iv)
regulation of trade, calling and occupation in the
Walled City;
(v)
removal of encroachments;
(vi)
promotion of tourism and sports;
(vii)
promotion of investment for development of Walled City;
(viii)
community mobilization and poverty alleviation;
(ix)
eviction of illegal occupants of private or public
utility buildings;
(x)
acquire property, both movable and immovable;
(xi)
procure machinery instruments or any other material
required by it;
(xii)
enter into contracts;
(xiii)
coordinate with various Government agencies and other
local and international organizations and institutes for smooth implementation
of the Act;
(xiv)
establish separate Directorates of the Authority;
(xv)
enforce the provisions of the Act, rules and
regulations;
(xvi)
seek or call for any information from any person or Government
agency, as may be required for carrying out the purposes of the Act;
(xvii)
seek from any Government agency assistance in the
discharge of its functions; and
(xviii)
exercise such other powers as the Government may, from
time to time, assign to the Authority.
9.
Heritage
Conservation Board.– (1) As soon as may be practicable, the Government may
constitute the Heritage Conservation Board to advise the Government and the
Authority on conservation of the heritage and other matters arising out of the
administration of the Act and to perform such other functions as are assigned
to it under the Act, the rules or the regulations, or by the Authority.
(2)
The Government, on the recommendation of the Authority,
shall nominate not more than seven members of the Heritage Conservation Board
and the members shall elect one of the members as the Chairperson and another
as the Deputy Chairperson of the Heritage Conservation Board.
(3)
A member of the Heritage Conservation Board shall be a
person having knowledge or experience in respect of one or more fields of
history, culture, archaeology, architecture, the preservation or conservation
of monuments, buildings or settlements, cities, town planning, tourism and
community development.
(4)
The Heritage Conservation Board shall meet at least
once in a calendar year.
10.
Directorates.–
The Authority may constitute such Directorates as may be deemed necessary for
carrying out the purposes of the Act and such Directorates shall exercise such
powers and perform such functions as may be delegated or assigned to them by
the Authority.
11.
Power to act
as local government.– The Government may, by a notification in the official
Gazette, authorize the Authority to exercise and perform such powers and
functions in respect of the Walled City as a local government under the Punjab
Local Government Ordinance 2001 (XIII of 2001) or under any other law relating
to local governments.
12.
Appointment
of employees.– (1) For the performance of its functions, the Authority may,
with prior approval of the Government, employ such persons and on such terms
and conditions as it may determine.
(2)
Without prejudice to the generality of the foregoing
powers, the Authority may appoint and remove its employees and exercise
discipline and control over them.
(3)
The Authority shall make regulations for appointment,
promotion, termination and other terms and conditions of employment of its
employees.
13.
Officials
and employees.– The officials and employees of the Authority shall be
deemed to be public servants within the meaning of section 21 of the Pakistan
Penal Code 1860 (XLV of 1860).
14.
Delegation.–
The Authority may, by general or special order, delegate to the
Director-General, a Directorate, a Government Agency, a member or an officer of
the Authority, any of its powers, duties or functions under the Act or the
rules or the regulations subject to such conditions as it may deem fit to
impose.
CHAPTER IV
CONSERVATION, PLANNING, DEVELOPMENT,
MANAGEMENT AND REGULATION OF WALLED CITY
15.
Master
conservation and re-development plan for Walled City.– (1) The Authority
shall, in consultation with the Heritage Conservation Board, in such form and
in such manner as may be prescribed, prepare a master conservation and
redevelopment plan for purposes of the Act and the Authority shall implement
and execute the same, after the approval of the Government.
(2)
The master conservation and re-development plan shall
not be detrimental to–
(i)
the territorial integrity of the Walled City;
(ii)
the heritage of the Walled City;
(iii)
the character and special place qualities of distinct
places and neighborhoods, as determined by the Heritage Conservation Board;
(iv)
neighborhood hierarchy;
(v)
quality of architectural assets;
(vi)
places of historic significance; (vii) historic open spaces; and (viii) intangible heritage.
(3)
Subject to sub-section (2), the master conservation and
re-development plan shall include–
(i)
a land use and zoning plan;
(ii)
a plan for conservation of heritage of Walled City;
(iii)
a plan for development, improvement and maintenance of
municipal
services;
(iv)
a plan for development, improvement and maintenance of
public passages, urban open spaces, public areas; and
(v)
a plan for development of enterprise and economic
activities.
16.
Preparation
of schemes.– (1) The Authority shall, in such form and in such manner as
may be prescribed, prepare schemes for purposes of the Act and execute or have
them executed in the prescribed manner.
(2)
No scheme shall be prepared and implemented or executed
by any person or Government Agency within the Walled City except with the
concurrence of the Authority.
17.
Power to
prepare and enforce building and zoning regulations.– (1) The Authority
shall prepare and enforce such building and zoning regulations as shall be
necessary for regulating land use, zoning, building heights and densities, the
construction and use of new buildings, the architectural character of
buildings, the appearance and style of urban amenities, municipal signage,
signage used on public and private properties, and for regulating building
alteration and demolition.
(2)
The regulations, described in sub-section (1), shall supersede
all other zoning and building regulations and other related regulations that
may be currently in force in the Walled City.
18.
Power to
give directions.– The Authority may require a Government Agency, within
whose jurisdiction any particular aspect of a scheme lies–
(i)
to execute a scheme in collaboration or consultation
with the Authority;
(ii)
to takeover and maintain any of the works and services
in the Walled City;
(iii)
to provide any amenity which in the opinion of the
Authority ought to be provided; and
(iv)
to enforce regulations on behalf of the Authority.
19.
Power to
execute any scheme.– Where the Authority is satisfied that any direction
given by it under section 18 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 by the
Government Agency and in the event of disagreement, as may be determined by the
Government.
20.
Master
conservation and re-development plan and schemes for public purpose.– The
master conservation and re-development plan and a scheme prepared under the Act
shall be deemed to be for a public purpose.
21.
Schemes.–
A scheme mentioned in section 16 may include the following or a combination of
the following:-
(i)
a general planning and development scheme;
(ii)
an area conservation scheme;
(iii)
a scheme for the conservation of a building or a group
of buildings;
(iv)
a re-building or housing reconstruction scheme;
(v)
a tourism development scheme;
(vi)
an infrastructure development or improvement scheme;
(vii)
a scheme to promote cultural and sport activities and
festivals;
(viii)
a scheme to promote the visual and temporal arts;
(ix)
a scheme to promote and revitalize crafts;
(x)
a scheme for the improvements of traffic and
transportation, whether motorized, non-motorized or pedestrian transport
scheme;
(xi)
a social sector development scheme including health or
education;
(xii)
a resettlement scheme; and
(xiii)
any other scheme incidental to the purposes of the Act.
22.
Schemes to
follow master conservation and re-development plan.– The Authority shall
prepare and approve a scheme or take a development control decision in
accordance with the master conservation and re-development plan.
CHAPTER V
HERITAGE PROPERTIES AND ZONES OF SPECIAL VALUE
23.
Declaration
of heritage properties.– (1) The Authority may, in consultation with the
Heritage Conservation Board, for purposes of conservation of heritage and by
notification in the official Gazette, declare a building, structure, land,
building fabric, urban open space or work in the Walled City of heritage value
as heritage property in such manner as may be prescribed.
(2)
The Authority shall serve a notice in the prescribed
form on every owner or occupant of a building, group of buildings, structure,
land, building fabric, urban open space or work under sub-section (1), as the
case may be, stating that such building, structure, land, building fabric,
urban open space or work has been declared as heritage property.
(3)
The Authority shall establish and maintain a register
of heritage properties declared under sub-section (1) in such manner as may be
prescribed.
24.
Zones of
special value.– (1) The Authority may, in consultation with the Heritage
Conservation Board, designate any area of special architectural or historic
interest or appearance which it is desirable to preserve, enhance or develop,
as a zone of special value, in such manner as may be prescribed.
(2)
All buildings, lands, urban open spaces or public
passages, falling within the territorial limits of a zone of special value
designated under sub-section (1), shall be subject to such regulations as may
be framed by the Authority.
(3)
The Authority shall, in consultation with the Heritage
Conservation Board, prepare schemes for each zone of special value and such
schemes shall contain such planned programmes.
(4)
The scheme under sub-section (3) shall be included in
the master conservation and re-development plan.
25.
Conservation
of heritage property.– (1) For purposes of conservation of a heritage
property, the Authority may, by an order in writing, direct the owner or
occupant of such property, to take such measures for conservation of the
heritage property, and within such time and on such terms and conditions as may
be specified in the order.
(2)
If the owner or the occupier fails to take the measures
specified in the order under sub-section (1), the Authority may take such
measures for conservation as it may deem necessary at its own cost and shall be
entitled to recover the same from the owner or occupant as arrears of land
revenue.
(3)
The owner or occupant of a heritage property shall
provide necessary access, assistance and support and cooperate with the
Authority and its employees in carrying out purposes of the Act.
(4)
If in the opinion of the Authority, the requisite
conservation cannot be carried out while the owner or occupant is in active use
of heritage property, the Authority may temporarily acquire under agreement
such heritage property for a specified period with due compensation to the
owner or occupant of a heritage property in such manner as may be prescribed.
26.
Prohibition
against alteration in heritage property.– No person shall execute or cause
to be executed any work for alteration in a heritage property in any manner
whatsoever without prior approval of the Authority in such manner as may be
prescribed.
27.
Grant or
loan for conservation of a heritage property.– The Authority may provide
grant or loan for conservation of a heritage property on the terms and
conditions as may be prescribed.
CHAPTER VI
BUILDING AND LAND USE CONTROL
28.
Sanction of
buildings.– (1) No person shall erect or re-erect a building or commence to
erect or re-erect a building except with the previous sanction of the Authority
in the prescribed manner.
(2)
For purposes of the Act, a person shall be deemed to
erect or re-erect a building who–
(i)
makes any alteration or enlargement of any building;
(ii)
converts into a place for human habitation any building
not originally constructed for that purpose;
(iii)
converts a building or structure or land prescribed for
one particular use or into another use; and
(iv)
makes any alteration which there is reason to believe
is likely to affect prejudicially the stability or safety of any building.
(3)
The Authority may, for reasons to be recorded in
writing, either refuse to sanction the erection or re-erection, as the case may
be, of the building, or may sanction the same on such terms and condition as it
may specify.
29.
Prohibition
of demolition and destruction of buildings or structures.– No building or
structure, located within the Walled City, shall be demolished, damaged,
destroyed or removed by any person in any manner whatsoever, except with the
previous sanction of the Authority in the prescribed manner.
30.
Removal of
encroachments.– (1) No person shall make an encroachment on any building,
public utility building, public place or any property vested in the Authority.
(2)
The Authority may, after such notice as may be
considered reasonable, remove such encroachment with such force as may be
necessary.
31.
Summary
ejectment of unauthorized occupants.– (1) The Authority may, for purposes
of the Act, summarily eject any person in unauthorized occupation of any
private building, public utility building, public place or any property vested
in the Authority, and may for the purpose use such force as may be necessary.
(2)
No action under this section shall be taken without
providing an opportunity of being heard to the person to be affected thereby.
32.
Removal of
building, etc. erected or used in contravention of the Act.– (1) If any
building or structure is erected, constructed or used in contravention of the
provisions of the Act, the rules or the regulations, the Authority may, by
order in writing, require the owner, occupant, user or person in control of
such building or structure to remove, demolish or alter the building, structure
or to use it in such manner so as to bring such erection, construction or use
in accordance with the provisions of the 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 Authority may, after giving the person affected by the order an
opportunity of being heard, remove, demolish or alter the building or
structure, or stop the use of the same and, in so doing, may use such force as
may be necessary and may also recover the cost therefor, from the person
responsible for the erection, construction or use of the building or structure.
CHAPTER VII
TRADE AND OCCUPATIONS
33. Restriction on trade, calling or occupation.– Subject to
sub-section (2) of section 36, no person shall carry on any trade, calling or
occupation in the Walled City unless he has applied for and obtained a license
from the Authority in such manner as may be prescribed.
CHAPTER VIII
TEMPORARY AND PERMANENT ACQUISITIONS
34.
Liability to
acquisition.– Notwithstanding anything to the contrary contained in the
Land Acquisition Act, 1894 (Act I of 1894), all land within the Walled City
shall be liable to acquisition by the Authority at any time in the prescribed
manner.
35.
Temporary
acquisition under agreement.– The Authority may acquire any building or
land on temporary basis under agreement for purposes of the Act in such manner
as may be prescribed.
CHAPTER IX
REGISTRATION OF OWNERS AND OCCUPANTS
AND REGULATION OF TRANSFER OF PROPERTY
36.
Registration
of owners and occupants of buildings.– (1) The Authority shall maintain a
record of owners and occupants of the buildings or immovable property located
in the Walled City in the prescribed manner.
(2) The Authority
shall notify at the time of the commencement of the Act, a date by which all
owners and occupants of buildings or immovable property shall get themselves
registered with the Authority.
37.
Regulation
of transfer of property.– The Authority shall regulate the transfer of
property in the Walled City in the prescribed manner.
CHAPTER X
REPRESENTATION OF INHABITANTS AND BUSINESS
COMMUNITY
38.
Citizen
Community Council.– (1) For purposes of achieving the objective of the Act
and for its effective implementation, the Authority shall set-up a Citizen
Community Council for the Walled City.
(2)
The Authority shall nominate four members of the
Citizen Community Council from amongst the elected representatives of the local
governments of the area of the Walled City or in their absence from amongst the
owners, occupants and inhabitants.
(3)
The Director General shall be the Chairperson of the
Citizen Community Council.
(4)
The Citizen Community Council shall act for–
(i)
mobilization of stakeholders for community involvement
for
conservation of heritage;
(ii)
identification of development and municipal needs of
the
inhabitants; and
(iii)
recommendation of proposals for preparation of any
scheme to the Authority for civic up-lift of infrastructure and conservation of
heritage of the Walled City.
39.
Trade and
Business Council.– (1) The Authority shall set-up a Trade and Business
Council for the Walled City which shall be responsible for coordinating
commercial activities in the Walled City.
(2)
The Trade and Business Council shall act as coordinator
between traders or businessmen of the Walled City and the Authority.
(3)
Trade and Business Council shall consist of four
elected representatives of the traders and businessmen of the Walled City.
(4)
The Director General shall be the Chairperson of the
Trade and Business Council.
CHAPTER XI
FINANCE, TAXATION,
ACCOUNTS & AUDIT
40.
Fund of the
Authority.– (1) The Government
shall establish a fund of the Authority to be known as the Walled City Fund
which shall vest in the Authority.
(2)
The Authority shall maintain the Fund in the prescribed
manner.
(3)
The Fund shall comprise–
(i)
grants received from the Government through budgetary
allocations;
(ii)
grants received from the Government for master
conservation plan or scheme;
(iii)
money received from the Federal Government or any
international organization by way of grant, loan, advance or others;
(iv)
money received from the disposal of movable and
immovable
property of the Authority;
(v)
fee, tax, rate, charge, rent or fine received by the
Authority; and (vi) any other money
received by the Authority.
41.
Power to
borrow money.– The Authority may, with the prior approval of the
Government, borrow money for–
(i)
execution of a work authorized under the Act;
(ii)
payment of compensation for the land or property
acquired for purposes of the Act;
(iii)
payment of loan raised under the Act; or (iv) any other purpose under the Act.
42.
Audit.–
(1) In addition to the pre-audit by the Government Auditors, the Authority
shall appoint or hire services of a Chartered Accountant or a firm of Chartered
Accountants for purposes of annual audit of its accounts.
(2)
The Director General shall, within six months of the
close of a financial year, submit the annual statement of accounts along with
the report of the auditor to the Authority.
43.
Recovery of
dues.– A sum due to the Authority shall be recoverable as arrears of land
revenue.
44.
Levy of
taxes, fees, charges, cesses and rates by Authority.– The Authority may, in
a fair and equitable manner, levy taxes, cesses, fees, rates, rents, tolls,
charge, and levies on following subjects:-
(i)
taxes and fee on transfer of property;
(ii)
maintenance and updating various records by the
Authority;
(iii)
fee for various utility services including but not
limited to water supply, sewerage, waste disposal;
(iv)
fee for grant of various licenses and permits;
(v)
toll on roads maintained by the Authority;
(vi)
fee for entertainment, amusement or sports events;
(vii)
market fees and shop taxes;
(viii)
fee on outdoor advertisements;
(ix)
fee for sanction of erection or re-erection of
buildings;
(x)
development charges; and
(xi)
land use conversion charges.
CHAPTER XII
OFFENCES, PENALTIES AND COGNIZANCE
45.
Offences and
penalties.– (1) A person who willfully causes damage, or allows damage to
be caused to any heritage property in a zone of special value shall be
punishable with imprisonment which may extend to one year or with fine which
may extend to one million rupees or with both.
(2)
A person who makes any alteration, or allows alteration
to be made in a heritage property or a property situated in a zone of special
value in violation of section 24, shall be punishable with imprisonment which
may extend to six months or with fine which may extend to one hundred thousand
rupees or with both.
(3)
A person who erects any unauthorized construction after
coming into force of the Act shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to one million
rupees or with both.
(4)
A person who demolishes any building or part thereof,
in violation of section 28 shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to one million
rupees or with both.
(5)
A person who makes any encroachment shall, in addition
to payment of cost of removal of encroachment to Authority, shall be punishable
with imprisonment for a term which may extend to six months or with fine which
may extend to five hundred thousand rupees or with both.
(6)
A person who conducts any business, commercial,
industrial or other profit earning activity without the requisite permission or
license under the Act, shall be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to one hundred thousand
rupees or with both.
(7)
A person who obstructs any person who is acting on
behalf of the Authority for the removal of an unauthorized building or
encroachment shall be punished with imprisonment which may extend to thirty
days or with fine which may extend to one hundred thousand rupees or with both.
(8)
A person who, without any lawful cause, refuses or
willfully neglects to provide to any authorized officer of the Authority with
the means necessary for entering into any premises for purposes of collecting
any information or making an examination or enquiry for purposes of the Act,
shall be punishable with imprisonment which may extend to thirty days or with
fine which may extend to one hundred thousand rupees or with both.
(9)
A person who contravenes any provision of the Act,
rules or regulations, shall, if no other penalty is provided for such
contravention, be punished with imprisonment for a term which may extend to one
month or with fine which may extend to five hundred thousand rupees or with
both.
(10)
A person who attempts to commit or abets the commission
of an offence punishable under the Act, shall be deemed to have committed that
offence.
46.
Cognizance
of offences under the Act.– (1) A Court shall take cognizance of an offence
under the Act on a complaint made in writing by an officer authorized for the
purpose by the Authority, in accordance with the provisions of section 200 of
the Code of Criminal Procedure, 1898 (V of 1898).
(2)
The competent authority may designate one Special
Judicial Magistrate to try offences under the Act.
(3)
The offences under the Act shall be tried in a summary
manner in accordance with the provisions of sections 260 to 265 of the Code of
Criminal Procedure 1898 (V of 1898), except sub-section (2) of section 262
thereof.
CHAPTER XIII
GENERAL
47.
Appeal.–
(1) A person aggrieved by any
decision or order of the Authority on the ground that it is contrary to the
provisions of the Act may, within thirty days of the receipt of such decision
or order, appeal to the Lahore High Court in the manner prescribed by the said
Court for filing the first appeal and the Lahore High Court shall decide such
appeal within ninety days.
(2)
A person aggrieved by any decision or order of any
officer of the Authority acting under the delegated powers of the Authority
may, within thirty days of the receipt of the decision or order, appeal to the
Authority in the prescribed manner and the Authority shall decide such appeal
within thirty days.
48.
Entry and
survey.– A person authorized by the Authority may, in the prescribed manner
and with due regard to the privacy, enter and survey any premises in the Walled
City to inspect any building for purposes of the Act.
49.
Power to
make rules.– The Government may, by notification in the official Gazette,
make rules for giving effect to the provisions of the Act.
50.
Power to
frame regulations.– Subject to the Act and the rules, the Authority may,
with the previous approval of the Government, frame regulations for matters not
provided for in the rules and for which provision is necessary or expedient for
carrying out the purposes of the Act.
51.
Act to have
overriding effect.– The provisions of the Act shall have effect
notwithstanding anything to the contrary contained in any other law.
52.
Jurisdiction
of courts barred.– Save as otherwise provided by the Act, no court or other
Authority shall have jurisdiction to question the legality of anything done or
any action taken under the Act, by or at the instance of the Authority.
53.
Removal of
difficulties.– The Government may, by order not being inconsistent with the
Act, provide for the removal of any difficulty which may arise in giving effect
to the provisions of the Act.
54.
Immunity.–
No suit, prosecution or any other legal proceedings shall lie against the
Authority, the 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 the Act.
55.
Enforcement
measures.– The Authority may issue directions for effective enforcement of
the provisions of the Act, the rules or the regulations.
56.
Administrative
transition.– On coming into force of the Act, a Government Agency shall
continue to perform its function in the Walled City without any interruption
till such time and to such extent as the Authority may, by notification,
specify.
57.
Annual
report.– (1) The Director General shall, within three months of the end of
a financial year, submit annual performance report to the Authority enumerating
all the activities, developmental initiatives undertaken and targets achieved
during the previous financial year for the betterment of the Walled City.
(2)
The Authority shall publish the report for public
information and submit the same to the Government which shall lay the report in
the Provincial Assembly of the Punjab.
SCHEDULE
See
section 2(xli)
The areas of Walled City–
1.
Walled City, comprising Union Councils 27, 28, 29 and
30 Ravi Town, Lahore, with their boundaries as on the commencing day of the Act
including the outer circumference of the circular road around the four Union
Councils.
2.
The Minto Park and Iqbal Park, situated in the north of
the Walled City including the road surrounding the twin parks.
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