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THE
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
3. Establishment
of the
4. Powers and functions of the Agency
5. Meetings
CHAPTER-III
DIRECTOR GENERAL AND COMMITTEES
6. Appointment and term of office
7. Delegation
8. Appointment of officers and employees
9. Committees
CHAPTER-IV
PREPARATION AND EXECUTION OF SCHEMES
10. Preparation of schemes
11. Modification of schemes
12. Power to give directions
13. Power to execute any scheme
CHAPTER-V
GENERAL
14. Directions by Government
15. Controlled Area
16. Borrowing money
CHAPTER-VI
ACQUISITION
17. Liability to acquisition
CHAPTER-VII
FINANCE, ACCOUNTS AND AUDIT
18. Housing and Town Planning Fund
19. Rates and fees
20. Accounts
21. Budget
22. Audit
CHAPTER VIII
PENALTY AND PROCEDURE
23. Offences
24. Notice and Authorization
25. Cognizance of offences
26. Punishments and penalties
27. Compounding of offences
28. Rights of citizens not affect
CHAPTER IX
MISCELLANEOUS
29. Annual Report
30. Recovery of dues
31. Conversion of property to a different use
32. Summary ejectment of unauthorized occupant
33. Removal of building, etc. erected or used in contravention of this Ordinance
34. Members, officers and employees to be public servants
35. Indemnity
36. Jurisdiction of courts barred
37. Power to make rules
38. Power to make regulations
39. Overriding effect
40. Succession
[1]THE
[
AN
ORDINANCE
to provide
for establishment of the Punjab Housing and Town-Planning Agency.
Preamble.—
Whereas it is expedient to
establish the Punjab Housing and Town-Planning Agency in order to provide
shelter to the shelterless and to establish a
comprehensive system of Town Planning at provincial, regional, district, tehsil and union council level in order to ensure
systematic, integrated growth of urban and rural areas in the Province of the
Punjab and
to make provisions for matters connected therewith and ancillary
thereto;
And whereas the Provincial
Assembly of the
And whereas under Article 4
of the Provisional Constitution (Amendment) Order No.9 of 1999, as amended by
the Chief Executive Order No.11 of
2000, the Governor of a Province may issue
and promulgate an Ordinance;
Now, therefore, in exercise
of the aforesaid powers and all other powers enabling him in that behalf, the
Governor of the Punjab is pleased to make
and promulgate the following
Ordinance:-
PRELIMINARY
1. Short
title, extent and commencement.— (1) This Ordinance may be called the
Punjab Housing and Town-Planning Agency Ordinance, 2002.
(2) It shall extend to the whole of the
(3) It shall come into force at once.
2. Definitions.— In
this Ordinance, unless the subject or context otherwise requires-
(a) “Agency”
means the Punjab Housing and Town Planning Agency established under section 3
of this Ordinance;
(b) “area”
means the area to which this Ordinance applies;
(c) “Chairman”
means the Chairman of the Agency;
(d) “Government” means the Government of the
(e) “Government Agency” includes-
(i) a division, department, bureau,
section, commission, board, office, or unit of the Government;
(ii) District Government, Tehsil
Municipal Administration and a Development Agency or any other body, company or
corporation (whether autonomous or semi-autonomous)
owned or controlled by
Government;
(f) “Housing and Physical Planning” means
the Housing and Physical Planning Department, Government of the
(g) “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;
(h) “member” means a member of the Agency
and includes its Chairman;
(i) “person” includes an individual,
company, firm, cooperative society or association of individuals whether
incorporated or not; and
(j) “prescribed” means prescribed by rules
or regulations framed under this Ordinance.
3. Establishment
of the Punjab Housing and Town Planning Agency.—(1) As soon as may be,
after the commencement of this Ordinance, the Government shall establish an
Agency to be called the Punjab
Housing and Town Planning Agency for carrying
out the purposes of this Ordinance.
(2) The Agency shall be a body corporate
having perpetual succession and a common seal with power, subject to the
provisions of this Ordinance,
to acquire and hold property, both moveable and
immovable, and may sue and be sued, by the said name.
(3) The Agency shall consist of-
(a) |
Minister
for Housing, Urban Development & Public Health Engineering Department; |
Member/Chairman |
(b) |
Secretary
for Housing, Urban Development & Public Health Engineering Department; |
Member |
(c) |
a
representative of Planning & Development Department not below the rank of
Additional Secretary/Chief of Section; |
Member |
(d) |
a
representative of Finance Department not below the rank of Additional
Secretary; |
Member |
(e) |
a
representative of Local Government and Rural Development Department not below
the rank of Additional Secretary; |
Member |
(f) |
Secretary
(Colonies), Board of Revenue; |
Member |
(g) |
two
representatives of the Builders / Construction Industry and architects; |
Members |
(h) |
Director
General of the Agency; and |
Member/Secretary |
(i) |
such other
persons as may be appointed by the Government. |
Members |
(4) The membership of the Agency may be
altered, increased or decreased by the Government.
(5) The members, except the ex officio members, shall hold office
for a term of three years.
(6) No act or proceeding of the Agency shall
be invalid merely by reason of any vacancy in, or defect in the constitution of
the Agency.
4. Powers
and functions of the Agency.— (1) Subject to the provisions of this
Ordinance and any rules framed thereunder, the Agency
may exercise such powers and take such measures as may be necessary for
carrying out the purposes of this Ordinance.
(2) Without prejudice to the
generality of the foregoing sub-section, the Agency shall-
(i) facilitate provision of housing inputs
including land, finance, building materials through institutional and legal
frame-work and
develop indigenous and cost effective approaches;
(ii) implement parameters of the national
housing policy, coordinate and liaise with the Federal Government, District
Governments, Tehsil Municipal Administrations,
concerned departments and agencies;
(iii) identify state and other lands for
developing low income and low cost housing schemes;
(iv) facilitate construction of multi storey
flats (Low Cost Housing) in collaboration with the District Governments and Tehsil Municipal Administrations by arranging finances from
the House Building Finance Corporation, Development Finance Institutions and commercialized banks;
(v) provide affordable, cost efficient
housing schemes especially for the low income group and families out of the
Revolving Fund;
(vi) facilitate public and private partnership
or ventures in housing and development of recreational activities (Theme
Parks);
(vii) promote environment for friendly and
standardized construction activities (Cluster Housing);
(viii) prepare guidelines, long-term and
short-term plans for implementing the low cost housing schemes and programmes in the
(ix) facilitate land availability through
various innovative measures, develop a comprehensive land information system
(Land Bank) to cater
for the planning and development requirements for a period
of five to ten years (Forward Planning);
(x) mobilize resources and generate funds in
order to provide finance for housing especially to the low income group;
(xi) develop land disposal systems which are
unified, transparent and market oriented with open auction policy and exception
for special
needs;
(xii) develop packages in which prime state land
occupied by katchi abadis,
shall be offered to the private developers for commercial use; provided they
arrange and finance upgradation or relocation of katchi abadis;
(xiii) suggest measures to check growth of slums
and katchi abadis,
formulate resettlement and relocation plans;
(xiv) propose suitable amendments in Land
Acquisition laws to make provisions for unified, transparent and market
oriented system of land
acquisition;
(xv) formulate provincial land use policy, plan
and prepare regional development plans (Inter district spatial planning –
Master plans)
for an integrated, coordinated and systematic planning to ensure
orderly growth and development of physical infrastructure such as
highways,
railways, industrial zones, conservation of forest reserves and provision of
electricity, telephone, sui gas, etc.;
(xvi) plan a comprehensive programme
for the development of satellite, intermediate, secondary and industrial towns
to reduce migration and drift to big settlements;
(xvii) develop Geographic Information System (GIS)
for efficient land documentation and information related to Housing and Town
Planning;
(xviii) provide technical assistance to the District
Governments and Tehsil Municipal Administrations
towards capacity building in all matters related to Housing and Town-Planning;
(xix) coordinate with Federal, District
Governments and Tehsil Municipal Administrations for
implementing the development plans and programmes
pertaining to Housing and Town Planning;
(xx) assist provincial agencies such as Workers
Welfare Board and Government Servants Housing Scheme, etc., in the areas of low
cost housing;
(xxi) formulate policy parameters to ensure
liberalization in the existing regulatory measures, and to streamline the
affairs of private
housing schemes; and
(xxii) perform such other functions as may be
assigned to the Agency from time to time by the Provincial Government, the
District Governments
or, as the case may be, the Tehsil
Municipal Administrations.
5. Meetings.—
(1) The Agency shall meet at such place and at such time and shall observe
such rules of procedure in regard to transaction of business
in its meetings as
may be prescribed.
(2) The Chairman shall preside over the
meetings of the Agency and in his absence any other member of the Agency,
elected by the members
present, shall preside over the meeting.
6. Appointment
and term of office.— (1) The Director General shall be appointed by
Government for a period of four years.
(2) The Director General
shall be the Chief Executive of the Agency and shall perform such duties as may
be assigned to him and exercise
such powers as may be delegated to him by the
Agency.
7. Delegation.— The Agency may, by general
or special order, delegate to the Director General, a Committee constituted
under section 9, a member
or an officer of the Agency, any of its powers,
duties or functions under this Ordinance or the rules made thereunder
subject to such conditions as it may deem fit.
8. Appointment of officers and employees.—
The Agency may appoint such officers, advisers, 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. Qualified women
shall be given fair representation
in the Agency.
9. Committees.— The Agency may constitute
such financial, technical and advisory committees as may be deemed necessary
for carrying out the purposes
of this Ordinance and such committees shall
exercise such powers and perform such functions as may be delegated or assigned
to them
by the Agency.
CHAPTER-IV
10. Preparation
of schemes.— (1) The Agency in consultation with the Government Agency
concerned shall, in such form and in such manner as may be prescribed,
prepare
schemes for the area or any part thereof.
(2) All schemes prepared by
the Agency shall be submitted to the Government for approval, except those
schemes, the estimated costs whereof
do not exceed such limit as may be
prescribed by rules or for which no loan or grant is required from the
Government.
(3) The Agency shall publish
the sanctioning of any scheme in the official Gazette and shall forthwith
proceed to execute the scheme in
collaboration with the Government Agency
concerned.
(4) The publication of a
sanction under sub-section (3), shall be conclusive evidence that the scheme
has been duly framed and sanctioned.
11. Modification
of schemes.— Any scheme prepared under this Ordinance may, at any time, be
amended or modified by the Agency in consultation with the Government
Agency
concerned in the same manner as may be prescribed for the preparation of a
scheme.
12. Power
to give directions.— (1) The Agency may require a Government Agency within
whose jurisdiction any particular locality or aspect of development covered
by
the scheme lies-
(i) to execute a scheme in consultation
with the Agency;
(ii) to take over and maintain any of the
works and services in that area; and
(iii) to provide any amenity in relation to the
land which in the opinion of the Agency ought to be provided.
(2) The expenditure incurred on the
execution of any scheme or on the taking over of maintenance of any work, under
this section, shall
be borne as may be agreed between the Agency and the
Government Agency concerned and in the event of disagreement, as may be
determined
by the Government.
13. Power
to execute any scheme.— (1) Where the Agency is satisfied that any
direction given by it under sub-section (1) of section 12 with regard to any
scheme has
not been carried out by the Government Agency concerned, the Agency
may itself undertake any work for the execution of that scheme
and the cost
thereof shall be borne as may be agreed between the Agency and the Government
Agency concerned and in the event of disagreement,
as may be determined by the
Government.
(2) Where any work is
undertaken by the Agency under sub section (1), it shall be deemed to have, for
the purposes of execution of such
work, all the powers which may be exercised,
under any law for the time being in force, by the Government Agency concerned.
CHAPTER-V
GENERAL
14. Directions
by Government.— The Agency shall, in
discharging its functions, act and be guided by such directions as the
Government may give to it from time to
time.
15. Controlled
Area.— The Agency may, by notification in the official Gazette, declare any
locality to be a Controlled Area, for the purposes of this Ordinance
and may
issue in respect of such locality 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 unauthorized construction in such area.
16. Borrowing
money.— (1) The Agency shall be deemed to be a local authority for the purpose
of borrowing money and any scheme or project prepared or undertaken
by the
Agency shall be deemed to be “work”, as defined in section 2 of the Local
Authorities Loans Act, 1914 (Act IX of 1914):
Provided that no local or foreign
loan shall be obtained by the Agency without the previous sanction of the
Government.
(2) The Agency 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 Ordinance, at such rate of interest as may be approved
by the Government.
CHAPTER-VI
ACQUISITION
17. 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 Ordinance.
CHAPTER-VII
FINANCE, ACCOUNTS AND AUDIT
18. Housing
and Town Planning Fund.— (1) There shall be formed a fund to be known as
Revolving Fund which shall vest in the Agency and shall be utilized by the
Agency
in connection with its functions under this Ordinance including the
payment of salaries and other remunerations to the members, officers,
servants,
experts and consultants of the Agency.
(2) To
the credit of the Agency Fund, shall be credited -
(i) grants and loans by the Government;
(ii) all moneys received from Federal
Government or any international agency by way of grants, loans, advances or
otherwise;
(iii) all fees, rates and charges received by
the Agency under this Ordinance;
(iv) all moneys received by the Agency from
the disposal of lands, buildings and other properties moveable and immovable;
(v) proceeds
from the self financing schemes; and
(vi) all
other sums receivable by the Agency.
(3) In
case of deficit revenue of the Agency, Government shall provide from its own
revenues or from any other source, such sum as may
be necessary for the
efficient performance of functions of the Agency under this Ordinance.
(4) The
Agency may keep in current account of any scheduled bank such sum as may be
prescribed and any amount in excess of the said amount
shall be invested in
Government securities, Government sponsored saving schemes or in such manner as
may be determined by the Agency.
Explanation- For the purpose of this sub-section, Government includes Federal
Government.
19. Rates
and fees.— (1) With the previous
consent of the Government adequate funds may be raised by the Agency 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 shall
be such as to provide sufficient revenues-
(i)
to cover the operating expenses including taxes if any,
an interest to provide adequate maintenance and depreciation;
(ii)
to meet repayments on long term indebtedness to the
extent that such repayments
exceed the provision
of depreciation; 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.
20. Accounts.—
The Agency shall maintain proper accounts and other relevant records and
prepare annual statement of accounts in such form as may
be prescribed.
21. Budget.—
The Agency shall prepare every year, in such form and at such time as may
be prescribed, a budget in respect of the financial year
next ensuing showing
the estimated receipt and expenditure of the Agency and shall submit the same
to the Government for approval.
If the Government does not approve or modify
the budget within thirty days of its receipt, the budget as prepared by the
Agency shall
be deemed to be the approved budget.
22. Audit.—
The accounts of the Agency shall be audited annually by duly qualified
auditors appointed by the Agency in addition to the pre-audit
by the Government
Auditors.
CHAPTER VIII
PENALTY AND PROCEDURE
23. Offences.— An act or omission
specified in the Fourth Schedule to the Punjab Local Government Ordinance, 2001
(XIII of 2001) shall be an offence
liable to punishment by way of imprisonment
or penalty under this Ordinance.
24. Notice and Authorization.— The
Agency or Government Agency, as the case may be, shall authorize an officer or
officers under its administrative control -
(a) to issue legal notices for violation or
commission of any offence under this Ordinance, rules or byelaws;
(b) to take such measures and actions for
compliance of directions contained in the notices issued restraining violation
or commission
of any offence under this Ordinance, rules or byelaws; and
( c) to initiate legal proceedings, defend
any legal proceedings initiated against the Agency or Government Agency, as the
case may be,
attend court proceedings and represent the concerned Agency or
Government Agency as the case may be.
25. Cognizance of offences.— No court shall take cognizance of
any offence under this Ordinance except on a complaint in writing received from
the agency or an
officer or a person generally or specifically authorized by
the Agency or on a complaint filed by an affected citizen if no action
is taken
on the complaint made by him under sub section (2).
(2) The Agency on its own motion, or an officer or any other
person generally or specially authorized by the agency on his own motion,
or on
the complaint of any affected citizen, may institute any suit or initiate prosecution
or any other legal action against a person
committing an offence under this
Ordinance.
26. Punishments and penalties.— (1)
Whoever commits any of the offences specified in Part-I of the Fourth Schedule
to the Punjab Local Government Ordinance, 2001
shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to fifteen thousand
rupees, or with both and, if the offence is
continued, with a further fine which may extend to one thousand rupees for every
day
after the date of the first
commission during which period the offender has persisted in the offence.
(2) Whoever
commits any of the offences specified in Part-II of the Fourth Schedule of the
Punjab Local Government Ordinance, 2001 shall
be
punishable
with imprisonment which may extend to six months and with fine of one thousand
rupees for every day after the date of the
first commission during which period
the offender has persisted in the offence.
(3) Whoever
commits any of the offence, specified in Part-III to the Fourth Schedule to the
Punjab Local Government Ordinance, 2001 shall
be punishable with imprisonment
which may extend to one month, or with fine which may extend to five thousand
rupees, or with both
and, if the offence is continued, with a further fine
which may extend to one hundred rupees for every day after the date of first
commission during which period the offender has persisted in the offence.
27.
Compounding of offences.— Subject to the
provision of section 345 of the Code of Criminal procedure, 1989 (V of 1989),
except as otherwise provided, the Agency
or Government Agency, as the case may
be, or an officer or any other person generally or specially authorized by the
Agency in this
behalf, may, at any time or after the commission of the offence
but before the conclusion of proceedings in the court, compound any
offence
punishable under this Ordinance.
28.
Rights of citizens not affect.— Nothing
contained in section 25 shall restrict or limit the rights of the citizens or
residents of a local area to bring any suit
or other legal proceedings against
the Agency or Government Agency, as the case may be, its officers or other
functionaries violating
the rights available to them under any law for the time
being in force.
MISCELLANEOUS
29. Annual
Report.— The Agency shall prepare for every year a report of its activities
during that year and submit the report to the Government in such
form and on or
before such date, as may be prescribed.
30. Recovery
of dues.— Any sum due to the Agency
from, or any sum wrongly paid by the Agency to, any person under this
Ordinance, shall be recoverable as
arrears of land revenue.
31. 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 Agency in writing, shall be punishable
with a fine which may extend to rupees five hundred per day from
the date of
its conversion till the default continues or with imprisonment for a term which
may extend to one year, or with both.
32. Summary
ejectment of unauthorized occupant.— Any person
authorized by the Agency, in this behalf may summarily eject any person in
unauthorized occupation of any land or property
vested in the Agency, and may
for such ejectment use such force as may be
necessary:
Provided that no action
under this section shall be taken without providing an opportunity of being
heard to the persons to be affected
thereby.
33. Removal
of building, etc. erected or used in contravention of this Ordinance.— (1)
If any building, structure, work or land is erected, constructed or used in
contravention of the provisions of this Ordinance
or of any rule, regulation or
order made thereunder, any person authorized by the
Agency 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
provisions of this Ordinance.
(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, any person
authorized by the Agency 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 therefor, from the person responsible for the erection,
construction or use of the building, structure, work or land.
34. Members,
officers and employees to be public servants.— The Chairman, members,
Director General, officers, servants, experts and consultants of the Agency
shall, when acting or purporting
to act in pursuance of any provision of this
Ordinance, be deemed to be public servants within the meaning of section 21 of
the Pakistan
Penal Code, 1860.
35. Indemnity.— No suit, prosecution or any other legal proceedings shall lie
against the Agency, the Chairman, the Director General, any member,
officer,
servant, expert or consultant of the Agency, in respect of anything done or
intended to be done in good faith under this
Ordinance.
36. Jurisdiction
of courts barred.— Save as
otherwise provided by this Ordinance, no Court or other Agency shall have
jurisdiction to question the legality of anything
done or any action taken
under this Ordinance by or at the instance of the Agency.
37. Power
to make rules.— Subject to the provisions of this Ordinance, Government may
make rules for carrying into effect the purposes of this Ordinance.
38. Power
to make regulations.— Subject to the provisions of this Ordinance, and the
rules framed thereunder, the Agency may make
regulations as may be necessary to carry out the purposes of this Ordinance.
39. Overriding
effect.— Subject to the Constitution, in the event of any conflict or
inconsistency between the provisions of this Ordinance and the provisions
of
any other law for the time being in force, the provisions of this Ordinance
shall, to the extent of such conflict or inconsistency,
prevail.
40. Succession.—On
the establishment of the Agency under this Ordinance-
(i) all functions and powers with respect
to the formation, sanction and execution of schemes by the Housing and Physical
Planning shall
be exercised and performed by the Agency in collaboration with
the Government Agency concerned; and
(ii) all properties, assets and liabilities
pertaining to the Housing and Physical Planning shall vest in and be the
liabilities, as the
case may be, of the Agency.
[1]Promulgated by the Governor of the Punjab on 4 November 2002; and published in the Punjab Gazette (Extraordinary), dated 4 November 2002, pages 3131-40. Under Article 4 of the Provisional Constitution (Amendment) Order 1999 (9 of 1999), it will remain in force notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
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