Updated: Tuesday March 04, 2014/AthThulatha
Jamada El Oula 03, 1435/Mangalavara
Phalguna 13, 1935, at 05:56:39 PM
The Defence Housing Authority
ACT XI OF 2013
An Act to provide for the establishment of Defence
Housing Authority Rawalpindi
[Gazette of
No. PAP-Legis-2(161)/2013/818.--The Defence Housing Authority Rawalpindi Bill, 2013,
having been passed by the Provincial Assembly of the Punjab on 7 January 2013,
and assented to by the Governor of the Punjab on 12 January 2013, is hereby
published as an Act of the Provincial Assembly of the Punjab.
Preamble.--Whereas
it is expedient to establish Defence Housing Authority Rawalpindi for the
purpose and object of carrying out Schemes and projects of land development inter alia for the welfare of the
bereaved families of martyrs, war injured, disabled and other persons of the
defence forces to boost their morale; to provide financial security in
recognition of their selfless services for the defence of the nation; and, to
provide for ancillary matters;
It is enacted as
follows:---
1. Short title,
extent and commencement.--(1) This
Act may be called the Defence Housing Authority Rawalpindi Act, 2013.
(2) It extends to the Specified Area in
Rawalpindi District.
(3) It shall come into force at once and shall
be deemed to have taken effect on and from 15 August 2010.
2.
Definitions.--In this Act,---
(a) “Administrator” means the Administrator
appointed under the Act;
(b) “Authority” means Defence Housing Authority
Rawalpindi established under the Act;
(c) “Chairman” means Chairman of the Governing
Body;
(d) “Executive Board” means Executive Board
constituted under the Act;
(e) “Governing Body” means Governing Body
constituted under the Act;
(f) “Government” means Government of the
(g) “member” means a member of the Authority
and includes the Chairman;
(h) “prescribed” means prescribed by the
regulations framed under the Act;
(i) “President” means President of the
Executive Board;
(j) “project” means any project of development
of land undertaken or planned by the Authority in the Specified Area;
(k) “Scheme” means any Scheme, plan, facility
or project for development of land for residential or commercial use
undertaken, planned or made and approved by the Authority under the Act;
(l) “Secretary” means Secretary of the
Authority;
(m) “Specified Area” means all land owned,
purchased or procured by, or vested in or leased to the Army Welfare Housing
Scheme or the Defence Housing Authority Islamabad constituted under any law
before the commencement of the Act in Rawalpindi District and such other land
as may, from time to time, be purchased or procured by, or leased to the
Authority in Rawalpindi District and notified by the Government; and
(n) “Vice President” means Vice President of
the Executive Board.
3. The
Authority.--(1) There shall be
established an Authority to be known as Defence Housing Authority Rawalpindi
for carrying out the purposes of this Act.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal with power to purchase, procure,
hold and dispose of property and shall, by the said name, sue and be sued.
(3) The head office of the Authority shall be
at
(4) The Authority shall comply with all laws,
rules, regulations and bye-laws for the time being in force in the Specified
Area.
(5) While designing, planning and executing a
Scheme in the Specified Area, the Authority shall adhere to the master plan of
Rawalpindi District and ensure that all public roads and revenue paths leading
to and from the adjoining areas and access to graveyards shall, as far as
possible, be maintained and no change or alteration shall be made in such
roads, paths or access except with the prior approval of the Government.
(6) Subject to the financial viability of a
Scheme, the Authority shall reserve in a Scheme in the Specified Area at least
fifty percent quota for the bereaved families of the martyrs, war injured,
disabled and junior ranks from sepoys to junior commissioned officers of the
defence forces.
4. Governing
Body.--(1) The general
administration, supervision and control of the affairs of the Authority shall
vest in the Governing Body, which shall consist of,---
(a) Secretary,
Government of
(b) Adjutant
General Pakistan Army; Vice
Chairman
(c) Director
General, Welfare and Rehabilitation,
(d) Commissioner,
(e) Administrator; Member
(f) Director
General,
(g) Secretary. Member/Secretary
(2) The Governing Body shall,---
(a) review the progress and activities of the
Authority;
(b) lay down policy for the guidance of the
Executive Board;
(c) consider and approve the budget and audit
reports of the Authority; and
(d) transact such other business of the
Authority as the Executive Board may place before it.
5. Executive
Board.--(1) There shall be an
Executive Board which shall exercise such administrative, executive and
financial powers of the Authority and do all such acts and things as the
Governing Body may delegate or assign to it.
(2) The Executive Board shall consist of,---
(a)
(b) a serving or retired Major General of
by the Chief of Army Staff; Vice President
(c) Administrator; Member
(d) Secretary of the Authority to be appointed
by the President; and Secretary
(e) two residents of Schemes of the Authority. Co-opted Members
(3) The Government shall, for a period not
exceeding five years at a time, appoint the co-opted members in accordance with
the regulations but they shall serve during the pleasure of the Government.
(4) In the performance of its functions, the
Executive Board shall comply with the directions of the Governing Body.
6. Powers and
functions of the Executive Board.--(1)
Subject to all applicable laws and provisions of this Act, the Executive Board
may take such measures and exercise such powers as may be necessary for the
proper planning and development of the Specified Area and for carrying out the
purposes of the Act.
(2) Without prejudice to the generality of the
foregoing powers, the Executive Board may, in accordance with all applicable
laws, rules and regulations,---
(a) purchase, procure, hold, manage, reclaim
and take possession of any property in the Specified Area;
(b) prepare, plan, develop, notify, execute,
implement, maintain, manage and regulate any Scheme in the Specified Area;
(c) enter into contracts, arrangements, joint
ventures, and agreements with any person, for the preparation, planning,
development, execution, implementation and maintenance of Schemes in the
Specified Area and for carrying out the purposes of this Act;
(d) incur any expenditure and procure plant,
machinery, equipment, instruments and necessary materials;
(e) carry out, maintain, arrange, manage and
provide all facilities, services and utilities, including water, electricity,
gas and sewerage in Schemes in the Specified Area so as to ensure that the
property is maintained up to the required standards for the benefit of the
residents;
(f) plan, approve and execute mergers and
amalgamations with other housing Schemes or cooperative housing societies
subject to the approval of the competent authorities of those housing Schemes
or housing societies for merger or amalgamation;
(g) impose, vary, and recover development
charges and transfer fees in respect of any land within any Scheme in the
Specified Area;
(h) lease, purchase, procure, sell, exchange,
mortgage, rent out or otherwise dispose of any property vested in the
Authority;
(i) cancel or re-plan any Scheme or part
thereof in the Specified Area;
(j) apply for acquisition of land to the
Government for initiation and completion of the process of land acquisition in
accordance with the law governing land acquisition; and
(k) do all such acts, deeds and things that may
be necessary or expedient for the purpose of proper preparation, planning,
development, execution, implementation, management and maintenance of
residential and commercial facilities in the Schemes in the Specified Area.
(3) The Executive Board shall meet as and when
required or considered necessary by the Administrator in consultation with the
President.
(4) The Executive Board shall transact such
business at a meeting as the Administrator may place before it.
7. Powers of
the Executive Board to borrow.--Subject
to the Government rules and guidelines, the Executive Board may obtain loans
for purposes of generating capital for its Schemes.
8.
Administrator.--(1) The Chief
of Army Staff shall nominate a person not below the rank of Brigadier (serving
or retired) of Pakistan Army as Administrator of the Authority.
(2) The Administrator shall be the Chief
Executive Officer of the Authority.
9. Powers and
functions of the Administrator.--(1)
Subject to the provisions of this Act and the regulations, the Administrator
shall exercise all executive powers of the Authority delegated or otherwise, in
accordance with the policy laid down by the Governing Body and the directions
or decisions of the Executive Board.
(2) The Administrator may, either by himself or
through any officer appointed by the Executive Board in this behalf, carry on
the correspondence and shall sign, verify, pursue and file all pleadings and
such other documents on behalf of the Authority, in any suit, appeal, petition
and proceedings which may be instituted, prepared and filed by or against the
Authority in or before any Court, tribunal or authority.
(3) The Administrator may, with the approval of
the Executive Board, delegate any of his specified powers to any of his subordinate
staff, including but not limited to signing contracts, pleadings or any other
legal instrument on behalf of the Authority.
(4) Subject to the conditions of delegation of
the authority, the authorized officer shall exercise the power of signing the
instrument after its approval by the Executive Board or, as the case may be,
the Administrator.
10. Meetings.--(1) The Governing Body shall meet at least once every
year, on such date, time and place as may be fixed by the Chairman.
(2) The Chairman and, in his absence, the Vice
Chairman of the Governing Body shall preside over the meeting of the Governing
Body.
(3) The President and, in his absence, the Vice
President shall preside over the meeting of the Executive Board.
(4) The quorum of a meeting of the Governing
Body or the Executive Board shall be a majority of the total membership, the
fraction being counted as one.
(5) The Secretary shall record, maintain and
keep the minutes of all the meetings of the Governing Body or the Executive
Board.
11. Appointments.--The Executive Board may in such manner and on such
terms and conditions as may be prescribed, appoint such officers,
functionaries, employees, staff, experts, consultants and advisors as may be
necessary for purposes of this Act.
12. Annual report
and accounts.--As soon as may be
after the conclusion of a financial year but before 31st day of December, the
Executive Board shall, submit to the Governing Body a general report on its
affairs including accounts, balance sheet and audit for the financial year.
13. Delegation
of powers.--Subject to this Act and
the specified conditions, the Governing Body, the Executive Board and the
Administrator may authorize any person to perform such functions and duties as
may be assigned to him in writing.
14.
Committees.--The Governing
Body or the Executive Board may constitute such committees as may be necessary
for the efficient performance of their respective functions and assign to such
committees such functions as may be deemed necessary.
15. Authority
Fund.--(1) There shall be a fund to
be known as the Defence Housing Authority Rawalpindi Fund which shall vest in
the Authority and to which shall be credited all moneys received by the
Authority.
(2) The fund shall be kept in a scheduled bank
or financial institution and shall be utilized and regulated in such manner as
may be prescribed.
(3) The funds may, with the approval of the
Executive Board, be invested in any banking, financial or non-banking financial
institution.
16. Budget,
audit and accounts.--The budget of
the Authority shall be approved by the Governing Body and its accounts shall be
maintained and audited in such manner as may be prescribed.
17. Power to
cancel allotment.--The Governing Body
or the Executive Board may cancel, revoke or rescind any allotment, transfer,
license, lease or agreement in respect of any plot or housing unit in a Scheme
in the Specified Area if the allottee, transferee, licensee or lessee fails to
pay the dues or installments, including development charges, in respect of such
plot, or housing unit within three months from the date of receipt of the
demand notice in writing or within such extended time as the Governing Body or
the Executive Board may, in special cases, fix and thereupon the plot or the
housing unit, with or without construction thereon, shall be resumed and shall
vest in the Authority.
18. Conversion
of property to a different use.--(1)
If a person converts any property in a Scheme in the Specified Area to a use or
purpose other than the one provided under the Scheme, without the previous
written approval of the Authority, such person shall be liable to fine which
may extend to two thousand rupees per day from the date of the conversion of
the property till the default continues.
(2) The Authority shall not impose the fine
under sub-section (1) unless the person concerned is afforded an opportunity of
hearing.
19. Removal of
building erected or used in contravention of the Act.--(1) If any land is used or building, structure, work
on land is erected, constructed or used in contravention of the provisions of
this Act or any regulations or orders made thereunder, or in contravention of
the Scheme or without the permission of the Authority, the Authority or any
person authorized by it in this behalf, may, by order in writing, require the
owner, occupier, user or person in control of such land, building, structure,
work on land to remove, demolish or alter the building, structure or work or to
use it in such manner as may bring such erection, construction or use in
accordance with the 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 in such
time, as may be specified therein, the Authority or any person authorized by it
in this behalf, may, after giving the person concerned an opportunity of being
heard, remove, demolish or alter the building, structure or work, or stop the
use of the land, or seal the building, premises 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.
20. Power to
frame regulations.--(1) The Governing
Body may, for carrying out the purposes of this Act, frame regulations, not
inconsistent with this Act or any other law, rules, regulations or bye-laws for
the time being in force in the Specified Area.
(2) The Executive Board may, with the prior
approval of the Governing Body, frame regulations relating to the terms and
conditions of service of employees, staff and consultants of the Authority.
21. Act not to
override other laws.--The provisions
of this Act shall be in addition to and not in derrogation of any other law for
the time being in force.
22. Transfer
and savings.--(1) After the repeal of
the Defence Housing Authority Islamabad Ordinance, 2010 (XV of 2010) and on
commencement of this Act, to the extent of the Specified Area in District
Rawalpindi,---
(a) all assets, rights, powers, authorities and
privileges and all property, movable and immovable, cash and bank balances,
reserve funds, investments and all other interests and rights in or arising out
of such property and all liabilities and obligations of whatever kind of the
Defence Housing Authority Islamabad, shall be transferred to and vested in the
Authority;
(b) all contracts and agreements entered into,
all rights acquired and all matters and things agreed to be done by, with or
for the Defence Housing Authority Islamabad shall be deemed to have been
entered into, acquired or agreed to be done by, with or for the Authority;
(c) all leases executed, all grants made and
all lands vested in the name of the Defence Housing Authority Islamabad shall
be deemed to be leases executed, grants made and, property vested in the name
of the Authority;
(d) all contracts, projects, Schemes, work
(whether in progress or not) and all guarantees, undertakings, obligations,
liabilities and mortgages, executed or subsisting in the name of the Defence
Housing Authority Islamabad shall be deemed to be contracts, projects, Schemes,
works, guarantees, undertakings, obligations, liabilities and mortgages of the
Authority;
(e) all pending disputes in respect of the
Defence Housing Authority Islamabad, shall stand transferred to and be decided
by the Administrator and any party aggrieved by his decision shall have the
right of appeal to the Executive Board whose decision thereon shall be final;
(f) all suits, petitions and other legal
proceedings instituted by or against the Defence Housing Authority Islamabad,
shall be deemed to be suits, petitions, and proceedings by or against the
Authority;
(g) all allotments and transfers of plots,
whether residential, commercial or otherwise, made by the Defence Housing
Authority Islamabad shall be deemed to be allotments and transfers made by the
Authority; and
(h) all bye-laws and regulations in force
immediately before the commencement of this Act made by the Defence Housing
Authority Islamabad, shall continue to remain in force until, altered or
repealed by the regulations framed under the Act.
(2) Notwithstanding anything contained in
sub-section (1), the Executive Board may,---
(a) alter the area of any plot involving
duplicate allotments and re-allot the same in such manner as it may consider
appropriate; and
(b) pass such orders in respect of transfer of
plots involving duplicate allotments as it may deem fit.
23. Appeal.--Any
person aggrieved by an order of cancellation under Section 17, or imposition of
fine under Section 18, or an order under Section 19, or an order of the
Executive Board under Section 22 may, within fifteen days of the communication
of the order, file an appeal before the Governing Body, whose decision shall be
final.
24.
Validation.--All actions taken
by the Authority from 15 August 2010 till the commencement of this Act shall,
to the extent they are consistent with this Act, be valid.
25. Removal of
difficulty.--If any difficulty arises
in giving effect to any provision of this Act, the Government may, within two
years of the commencement of this Act, give such directions, not inconsistent
with the provisions of the Act, as it may consider necessary for the removal of
such difficulty.
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