Updated: Monday January 20, 2014/AlEthnien
Rabi' Awwal 19, 1435/Somavara
Pausa 30, 1935, at 07:45:04 PM
The Badin Development Authority Act, 1995
ACT VII OF 1995
An Act to make provisions for the development,
improvement and beautification of the areas comprising Badin District and to
establish an authority for such purpose
[Gazette of Sindh, Extraordinary, Part IV, 25th
October, 1995]
No. PAS/Legis-B-11/95, dated 25-10-1995.--The Badin
Development Authority Bill, 1995 having been passed by the Provincial Assembly
of Sindh on 14th September, 1995 and assented to by the Governor of Sindh on
8th October 1995 is hereby published as an Act of the Legislature of Sindh.
Preamble.--Whereas it is expedient to make provisions
for the development, improvement and beautification of the areas comprising
Badin District and establish an authority for such purpose.
It is hereby enacted as follows:---
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.--(1) This
Act may be called the Badin Development Authority Act, 1995.
(2) It shall extend to the areas comprising Badin
District.
(3) It shall come into force at once.
2. Definition.-In this Act unless there is anything repugnant
in the subject or context,---
(a) "Authority" means the Badin Development
Authority established under section 3;
(b) "Chairman" means the Chairman of the
Authority;
(c) "Government" means the Government of
Sindh;
(d) "Director-General" means the Director
General of the Authority;
(e) "Member" means a member of the
Authority;
(f) "Prescribed" means prescribed by rules
or regulations made under this Act;
(g) "Regulations" means regulations made
under this Act;
(h) "Rules" means rules made under this Act.
CHAPTER-II
CONSTITUTION AND FUNCTIONS OF THE
AUTHORITY
3. Authority and its incorporation.--(1) There
shall be an authority to be called the Badin Development Authority for carrying
out the purpose of this Act.
(2) The Authority shall be a body corporate, having
perpetual succession and a common seal with power, to require and hold
property, both movable and immovable and may by the said name, sue and be sued.
4. Constitution of the Authority.--(1) The Authority
shall consist of,---
(a) Minister for Planning and Development or any other
Minister nominated by the
Chief Minister. Chairman
(b) Commissioner of the
(c) Director-General Member
(d) Such other non-official members not exceeding three
and official members as may be appointed by Government. Member
(2) A non-official member shall hold office for a
period of three years, unless he resigns or is removed earlier, provided that a
non-official member shall not be removed unless he is given an opportunity of being
heard.
(3) Any person appointed in a casual vacancy in the
office of nonofficial members shall hold office for the unexpired portion of
the term of such vacancy.
5. Appointment and duties of the
Director-General.--(1) The Director-General shall be appointed by Government on
such terms and conditions as Government may determine.
(2) The Director-General shall be the Chief Executive
of the Authority, and shall perform such duties and exercise such powers as may
be delegated to him by the Authority.
(3) Where the Director-General is absent from duty for
any reason or is unable to perform the functions of his office, Government may
nominate any official member to perform the duties of the Director-General.
6. Officers and other staff of the Authority.--For
efficient performance of its functions, the Authority may, appoint such
officers, experts, consultants and employees on such terms and conditions as
may be prescribed.
7. Functions of the Authority.--Subject to the
general or special directions of Government the Authority shall,---
(i) be responsible for overall development,
improvement and beautification of the areas within its jurisdiction;
(ii) formulate, implement and enforce schemes;
(iii) provide, develop, operate, and maintain public
works relating to water supply, drainage, sewerage and disposal of solid waste;
(iv) take such measures and exercise such powers as
may be necessary for carrying out the purposes of this Act;
(v) perform such other functions as may be assigned to
it by Government.
8. Selection of the Authority.--The Authority
shall meet at such place and time and in such manner and observe such rules of
procedure as may be prescribed; provided that until the manner or procedure is
prescribed the meeting shall be held as directed by the Chairman.
9. Constitution of the Committee.--The Authority may,
constitute Committees such as Finance Committee, Technical Committee or
Advisory Committee for carrying out the purposes of this Act.
10. Delegation of powers.--The Authority may,
by general or special order, delegate any of its powers, functions and duties,
to the Chairman, Director-General or any official member.
11. Master Programmes.--The Authority shall, as soon
as may be, prepare a Master scan for development, improvement, expansion and
beautification of such areas that need to be developed, improved, expanded and
beautified and submit such programme for approval of Government.
CHAPTER-III
MASTER PROGRAMMES AND SCHEMES
12. Schemes.--(1) The Authority shall prepare specific
scheme or schemes for the area within its jurisdiction or part thereof in such
form and such manner as may be prescribed.
(2) All schemes prepared by the Authority shall be
submitted to Government for its approval, except those schemes the provisional
estimated cost of which does not exceed such limit as may be prescribed or for
which no loan or grant is required from the Government.
13. Prevention of haphazard growth.--(1) The Authority
may, 'by notification issue such directions and do such things as may be
necessary for the prevention of haphazard growth encroachments, unauthorised
construction or operation in any area within its jurisdiction.
(2) The encroachment shall be removed in accordance
with the law for the time being in force.
14. Erection or re-erection of building.--(1) No
person shall, erect or re-erect any building, make any material external
alteration, in or addition to any existing building or construct or
re-construct any projecting portion thereof save with the permission of the
Authority, which may be granted in such manner and on such terms and conditions
as may be prescribed.
(2) Where any person contravenes the provisions of
subsection (1), the Authority may take such measures as may be necessary to
-enforce such provisions.
15. Funds for Scheme.--(1) The Authority may,
with prior consent of Government, raise funds from time to time for meeting the
cost of execution of the schemes and works by levying rates, fees and other
charges.
(2) The rates, fees and other charges shall be levied
and collected in such manner as may be prescribed.
16. Purchase, lease or exchange of property.--The
Authority may, by purchase, lease or exchange acquire any other movable or
immovable property or any interest therein by entering into an agreement with
the party concerned.
CHAPTER-IV
ACQUISITION OF PROPERTY
17. Acquisition of land. ---Where the Authority is of
the opinion that any land needed for any scheme or other public purpose cannot
be acquired under section 16, such land may be acquired in accordance with the
Hyderabad Development Authority Act, 1976.
CHAPTER - V
FINANCES
18. Fund of the Authority.--(1) There shall be
a separate fund known as the Badin Development Authority Fund which shall vest
in the Authority,---
(2) The Fund shall consist of,---
(a) grants made by Government or local councils;
(b) sale proceeds of movable or immovable property;
(c) all fees, receipts and charges received under this
Act;
(d) all other sums receivable and loans obtained by
the Authority.
19. Budget.--A statement of estimated receipts and
expenditure for every financial year shall be prepared and submitted to
Government for approval in the manner as may be prescribed.
20. Maintenance of Accounts.--(1) The accounts of the
Authority shall be maintained in such form and in such manner as may be
prescribed.
(2) The accounts maintained under subsection (1) shall
be audited by the Accountant-General.
21 Supply of water to Government Agency. The Authority
shall be responsible for production of potable water and its distribution at
such rate and subject to such terms and conditions as may be prescribed.
22. Report.--The Authority shall, at the close of
every calendar year, prepare a report of its activities during that year and
submit such report to Government.
23. On the coming into force of this Act all powers
and functions of a local council, local authority or body, in respect of
formulation, and execution of a scheme or in respect of providing, operating
and maintaining services such as water supply, sewerage and drainage in the
area within the jurisdiction of the authority or part thereof, shall be
exercised and performed by the Authority.
CHAPTER - VI
WATER SUPPLY
24. Recovery of dues.--Any sum due to the Authority or
wrongly paid by the Authority under this Act shall be recoverable as arrears of
land revenue.
25. Jurisdiction barred.--
26. Indemnity.--No suit or legal proceeding
shall lie against Government Authority, or any other person in respect of
anything done or intended to be done under this Act.
27. Power to make rules.--Government may make rules
for carrying out the purposes of this Act.
28. Power to make regulations.--(1) Subject to the
provisions of this Act and the rules the Authority may make regulations for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for,---
(i) the meetings and conduct of business in such
meetings;
(ii) terms and conditions of service of officers and
staff of the Authority.
29. Repeal.--The Badin Development Authority
Ordinance, 1995 is hereby repealed.
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