Updated: Friday January 15, 2016/AlJumaa
Rabi' Thani 05, 1437/Sukravara
Pausa 25, 1937, at 07:33:21 PM
The
(XXXIV of 2015)
[11th December, 2015]
An
Ordinance
to provide for the
establishment of
It is necessary in public interest to establish an
Authority to develop
Provincial Assembly of the Punjab is not in session
and Governor of the
In exercise of the powers conferred under clause
(1) of Article 128 of the Constitution of the Islamic Republic of Pakistan,
Governor of the Punjab is pleased to make and promulgate the following
Ordinance:---
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.– (1)
This Ordinance may be cited as the Fort Monroe Development Authority Ordinance
2015.
(2) It shall extend to such areas of
(3) It shall come into force at once.
2. Definitions.– In
this Ordinance:
(a) “agency” means any department or organization
of the Federal or the Provincial Government or of the local government in Dera Ghazi
Khan;
(b) “area” means the area notified by the
Government for purposes of this Ordinance;
(c) “Authority” means Fort Monroe Development
Authority established under the Ordinance;
(d) “Government” means Government of the
(e) “Chairperson” means Chairperson of the Authority;
(f) “Director General” means Director General of
the Authority;
(g) “local government” means a local government as
defined in the Punjab Local Government Act 2013 (XVIII of 2013) or in any other
law for the time being in force;
(h) “member” means a member of the Authority and
includes the Chairperson;
(i) “person” includes an individual, company, firm,
institution, government agency, cooperative society or association of individuals,
whether incorporated or not; and
(j) “prescribed” means prescribed by the rules or
regulations made under the Ordinance.
CHAPTER II
3. The Authority.– (1)
The Government may establish an Authority to be known as Fort Monroe
Development Authority for carrying out the purposes of the Ordinance.
(2) The Authority shall be a body corporate, with
perpetual succession and a common seal, with powers to acquire and hold
property, and may sue and be sued by the said name.
(3) The Authority shall consist of the Chairperson
who shall be the Chief Minister or any other person nominated by him, and the
following members:---
(a) three members of Provincial Assembly of the
(b) Chairman of District Council, Dera Gazi Khan or
the Union Council concerned nominated by the Government;
(c) Chairman, Planning and Development Board of the
Government;
(d) Secretary to the Government, Finance
Department;
(e) Secretary to the Government, Housing, Urban
Development and Public Health Engineering Department;
(f) Secretary to the Government, Local Government
and Community Development Department;
(g) Commissioner of Dera Gazi Khan Division;
(h) District Coordination Officer, Dera Gazi Khan;
(i) Director General of the Authority; and
(j) two technical experts to be nominated by the
Government.
(4) The ex-officio members
mentioned from (c) to (f) may be represented by an officer of the concerned
department not below the rank of an Additional Secretary.
(5) The Government may, by notification in the
official Gazette, increase the membership of the Authority.
(6) The members, other than the ex-officio
members, shall hold office for a period of three years unless
removed earlier by the Government at any time without assigning any reason.
(7) A non-official member may, by notice in writing
under his hand addressed to the Chairperson, resign from his office.
(8) The Government may designate a member of the
Authority as Vice Chairperson of the Authority.
(9) The Vice Chairperson shall perform such
functions as may be prescribed or assigned to him by the Authority.
(10) No act or proceedings of the Authority shall
be invalid merely on the ground of the existence of any vacancy or defect in
the constitution of the Authority.
(11) Until the Authority establishes its
headquarters at Forte Monroe, the headquarters of the Authority shall be at
Dera Ghazi Khan.
4. Disqualification of members.– No
person shall be, or shall continue to be a member who:---
(a) is or, at any time, has been convicted of an
offence involving moral turpitude;
(b) is or, at any time, has been adjudicated
insolvent;
(c) is found to be a lunatic or of unsound mind;
(d) is a minor; or
(e) has a financial interest in any scheme or a
conflicting interest, directly or indirectly, between his interest as a member
and his private interest, and has failed to disclose such interest in writing
to the Government.
5. Functions of the Authority.– (1)
Subject to the provisions of the Ordinance and the rules, the Authority may
exercise such powers and take such measures as may be necessary for carrying
out the purposes of this Ordinance.
(2) The Authority may:---
(a) develop and improve the area for purposes of
tourism, taking full advantage of regional and international trends and
developments so that it can significantly contribute to the improvement of
quality of life whilst promoting the cultural heritage of the country;
(b) prepare, implement and enforce schemes for
promotion of tourism and cultural heritage;
(c) transform the area into a hill resort and
improve infrastructure as well as socio-economic condition of the local people;
(d) conduct promotional programmes, activities and
events for attracting tourists and promotion of tourism;
(e) make arrangements for preservation of objects
or places of historical, archaeological, cultural and recreational importance;
(f) implement and execute master heritage
conservation and redevelopment plans;
(g) identify, assess and authenticate heritage
value, prepare and execute schemes, conserve heritage of the area, and preserve
and promote culture;
(h) coordinate with various agencies and other
local and international organizations and institutes for the due discharge of
its functions;
(i) seek information or assistance from any person
or agency pertaining to its functions;
(j) acquire property, both movable and immovable;
(k) sell, lease, exchange or otherwise dispose of
any property in the prescribed manner;
(l) procure machinery, instruments or any other
material required by it;
(m) enter into contracts;
(n) cause studies, surveys, experiments or
technical researches to be made or contribute towards the cost of any such
studies, surveys, experiments or technical researches;
(o) cause removal of any works obstructing the
execution of its schemes;
(p) constitute such financial, technical and
advisory committees as may be deemed necessary for carrying out the purposes of
this Ordinance and assign functions to the committees; and
(q) perform such other functions as are incidental
to the above functions or as may be prescribed or as the Government may assign.
(3) The Authority may, with the consent of the
local government:---
(a) conceive, prepare, approve and execute any
scheme pertaining to the functions of the local government, if the local
government is unable to execute it because:---
(i) of lack of capacity or expertise to undertake
the scheme;
(ii) the scheme spills over to more than one local
government; or
(iii) the scheme is beyond the financial capacity
of the local government;
(b) exercise control over land-use, spatial
planning, land-subdivision, land development and zoning by public and private
sectors for purposes of commerce, markets, shopping, residential, recreation, parks,
entertainment, passenger and transport freight and transit stations,
commercialization and approval of private housing schemes;
(c) provide, manage, operate, maintain and improve
the municipal infrastructure and services including:---
(i) water supply and control and development of
water resources, drainage, sewerage and sewerage treatment and disposal; and
(ii) construction and maintenance of roads and
streets;
(d) provide, improve and maintain public open
spaces and landscaping and beautification of the area;
(e) establish and maintain parking stands and levy
parking fee within the area; and
(f) establish club houses, waterfalls, zoo, golf
club, cinemas, water amusement parks and other recreational facilities.
(4) The Authority may, at any time, amend or modify
any scheme prepared under this Ordinance.
6. Meetings.– (1) The Authority
shall meet at such time and place as the Chairperson may determine, and shall
observe such rules of procedure with regard to the transaction of business at
its meetings as may be prescribed.
(2) The meetings of the Authority shall be presided
over by:---
(a) the Chairperson;
(b) the Vice Chairperson, in the absence of the
Chairperson; and
(c) by a member of the Authority elected for the
purpose, by the members present, from amongst themselves in the absence of the Chairperson
as well as the Vice Chairperson.
CHAPTER III
DIRECTOR GENERAL and
EMPLOYEES
7. Director General.– (1)
The Director General shall be appointed by the Government on such terms and
conditions as may be determined by the Government.
(2) The Director General shall be the chief
executive of the Authority and shall:---
(a) be a whole time officer of the Authority;
(b) perform such duties as may be prescribed or as
may be assigned or delegated to him by the Authority; and
(c) hold office for a term of three years unless
removed earlier by the Government without assigning any reason.
(3) Nothing in this section shall preclude the
Government from extending the term of office of the Director General for such
period as the Government may determine.
8. Appointment of officers and employees.– (1)
The Authority may, in the prescribed manner and on the prescribed terms and
conditions, appoint such officers, advisors, experts, consultants and employees
as it considers necessary for the efficient performance of its functions.
(2) The Authority may acquire the services of such
officers, advisors, experts and employees on deputation from any agency as it
deems necessary.
9. Employees to be public servants.– All
persons acting or purporting to act in pursuance of any of the provisions of
this Ordinance shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
10. Indemnity.– No
suit, prosecution or other legal proceedings shall lie against the Authority,
the Chairperson, the Vice Chairperson, any member, officer, servant, expert and
consultant of the Authority in respect of anything done or intended to be done
in good faith under this Ordinance.
CHAPTER IV
FUNDS, FINANCE ACCOUNTS
AND AUDIT
11. Authority Fund.– (1)
There shall be a Fund to be known as the Fort Monroe Development Authority Fund
which shall vest in the Authority and shall be utilized by the Authority 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 Authority.
(2) The following shall be credited to Fort Monroe
Development Authority Fund:
(a) all moneys received from the Government or the
Federal Government;
(b) all moneys received from any national or
international agency or organization by way of grant, loan, advance or
otherwise;
(c) all taxes, fees, rates and other charges received
by the Authority under this Ordinance;
(d) all moneys received by the Authority from the
disposal of lands, buildings and other properties, movable and immovable;
(e) proceeds from the self-financing schemes of
development and environmental sanitation; and
(f) all other sums receivable by the Authority.
12. Borrowing money.– The
Authority may, with the prior approval of the Government, raise loans or funds
or issue bonds for the performance of any of its functions under this
Ordinance.
13. Accounts.– The Authority shall
maintain proper accounts and other relevant records and prepare annual
statement of accounts in such form as may be prescribed.
14. Budget.– The Authority shall
prepare every year, in such form and manner and at such time as may be prescribed,
a budget in respect of the next financial year showing the estimated receipt
and expenditure of the Authority and shall submit it to the Government for
approval.
15. Audit.– (1) The accounts of
the Authority shall be audited annually by such duly qualified auditors or a
government audit agency or both as may, with the approval of Government, be
appointed by the Authority.
(2) The Authority shall also make such arrangements
for pre-audit or concurrent audit of accounts as may be necessary.
CHAPTER V
PENALTIES AND PROCEDURE
16. Penalty.– (1) A person who
contravenes any provision of this Ordinance, or any rules or regulations made
under the Ordinance, shall, if no other penalty is provided for such
contravention, be liable to punishment 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.
(2) The Magistrate competent to try an offence
under subsection (1) may try the offence in a summary manner under sections 260
to 265 of the Code of Criminal Procedure, 1898 (V of 1898).
17. Damage to property and disobedience of
orders.– (1) A person who willfully causes damage, or allows damage to
be caused to any property which vests in the Authority or unlawfully converts
it to his own or to the use of any other person, shall be punished with
imprisonment for a term which may extend to one year or with fine which may
extend to one hundred thousand rupees or with both.
(2) A person who refuses or neglects to provide any
officer or servant of the Authority with the means necessary for entering into
any premises for purposes of collecting any information or making an
examination or enquiry, he shall be liable to imprisonment which may extend to
one year or fine or with both.
(3) A person who attempts to commit or abets the
commission of an offence punishable under this Ordinance, shall be deemed to
have committed that offence.
(4) A person who negligently does any act in the
performance of his duties which causes loss of money or property to the
Authority, shall be liable to imprisonment for a term which may extend to two
years or fine or with both.
(5) Any Magistrate empowered for the time being to
try in a summary way the offence specified in subsection (1) of section 260 of
the Code of Criminal Procedure, 1898 (V of 1898), may if such Magistrate thinks
fit, on application being made in this behalf by the prosecution, try an
offence punishable under this Ordinance, in accordance with the provisions
contained in sections 262 to 265 of the said Code.
18. Offences mentioned in the Schedule.– (1)
A person who commits an offence specified in:---
(a) Part-A of the Schedule appended to this
Ordinance, shall be liable to imprisonment for a term which may extend to seven
years or with fine which may extend to five hundred thousand rupees or with both
and where an accused was directed by the Authority for immediate discontinuance
of the offence, the Court may impose a further fine which may extend to fifty
thousand rupees for every day during the period the accused has persisted with
the offence from the date of its first commission; and
(b) Part-B of the Schedule appended to this
Ordinance, shall be liable to imprisonment for a term which may extend to three
years or with fine which may extend to one hundred thousand rupees or with both
and where an accused was directed by the Authority for immediate discontinuance
of the offence, the Court may impose a further fine which may extend to ten
thousand rupees for every day during the period the accused has persisted in
the offence from the date of its commission.
(2) An offence punishable under subsection (1)
shall be cognizable on a complaint in writing of an officer authorized by the
Authority to the officer incharge of the police station.
CHAPTER VI
MISCELLANEOUS
19. Taxes, rates, fees and other charges.– The
Authority may levy and recover taxes, rates, fees and other charges in the area
for purposes of this Ordinance as may be prescribed.
20. Recovery of dues.– Any
sum due to the Authority from or any sum wrongly paid by the Authority to any
person under this Ordinance shall be recoverable as arrears of land revenue.
21. Delegation.– The
Authority may, by general or special order, delegate to the Chairperson, Vice
Chairperson, a member, committee, Director General or an officer of the
Authority any of its powers, duties or functions under this Ordinance subject
to such conditions it may think fit to impose but the following powers shall
not be so delegated:---
(a) framing of regulations;
(b) approval of budget and accounts;
(c) approval of the Annual Report; and
(d) major policy decisions.
22. Directions by Government.– The
Authority shall, in discharging its functions, act and be guided by such directions
as the Government may give to it.
23. Transfer of functions.–
Where the Authority ceases to perform a function and another organization
controlled by the Government assumes that function, the Government may direct:---
(a) that the servants of the Authority connected
with that function shall become servants of the said organization on such terms
and conditions as the said organization may determine, subject to the condition
that the said terms and conditions are not less favourable than those
admissible to them as servants of the Authority; and
(b) that such part of the Fund of the Authority as
the Government may determine shall stand transferred to the said organization.
24. Power to make rules.–
Government may, by notification in the official Gazette, make rules for
carrying into effect the purposes of this Ordinance.
25. Power to make regulations.–
Subject to this Ordinance and the rules, the Authority may make regulations to
carry out the purposes of the Ordinance.
26. Overriding effect.– (1)
In the event of any conflict or inconsistency between the provisions of this
Ordinance and the provisions of any other law except the laws relating to local
governments, the provisions of this Ordinance, to the extent of such conflict
or inconsistency, shall have prevails.
(2) If any conflict or inconsistency arises between
the provisions of this Ordinance and the Punjab Local Government Act 2013 or
any other law relating to local governments, the provisions of law pertaining
to local governments shall prevail to the extent of such conflict or
inconsistency.
27. Annual report.– (1)
The Authority 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.
(2) The report referred to in subsection (1) shall
be laid before the Provincial Assembly of the
28. Removal of difficulties.– If
any difficulty arises in giving effect to any provision of this Ordinance, the
Government may, witin one year from the commencement of this Ordinance, give
such directions, consistent with this Ordinance, as it may consider necessary
for the removal of such difficulty.
SCHEDULE
(see section 18)
Part-A
1. Discharging any dangerous chemical, inflammable,
hazardous or offensive article in any drain, or sewer, public water course or public
land vested in, managed, maintained or controlled by the Authority or an agency
in such manner as it causes or is likely to cause danger to persons passing by
or living or working in the neighbourhood, or causing risk or injury to
property or causing harm to the environment.
2. Failure of industrial or commercial concerns or
such property holders to provide adequate and safe disposal of affluent or prevention
of their mixing up with the water supply or sewerage system.
Part-B
1. Willfully obstructing any officer or servant of
Authority or any person authorized to exercise power conferred under this Ordinance.
2. Failure to deliver back possession of a property
to the Authority on expiration or cancellation of a lease or allotment.
3. Doing an act without license, approval or
permission when the doing of such act requires a license or permission under
any of the provisions of the Ordinance, the rules or regulations.
4. Establishing any parking stand on any property
or on any open space and public park or land vested in or managed, maintained
or controlled by the Authority or any agency.
5. Establishing temporary shops or running any
restaurant or vending stalls for eatables, wooden khokas or any sort of
commercial activity on any road, street, footpath, public place, over a drain,
or any other property vesting in the Authority.
6. Willfully causing damage, or allowing damage to
be caused to any property which vests in the Authority, or which is intended to
be acquired by the Authority, or unlawfully converting it to his own or any
other person’s use.
7. Without lawful excuse, failing or refusing to
comply with any direction or order issued by the Authority under this
Ordinance.
8. Unauthorized occupation of the property of the
Authority.
9. Attempting to commit or abetting the commission of an offence punishable under this Ordinance.
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