Updated: Sunday March 06, 2011/AlAhad
Rabi' Thani 01, 1432/Ravivara
Phalguna 15, 1932, at 05:58:53 PM
The New Murree Development Authority Act, 2004
(Pb. Act I of 2004)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Establishment of New Murree Development Authority.
4. Constitution of the Authority.
5. Headquarters of Authority.
6. Director General.
7. Functions and powers of the Authority.
8. Appointment of officers and employees.
9. Employees to be public servants.
10. Indemnity.
11. Authority Fund.
12. Accounts.
13. Budget.
14. Audit.
15. Penalty.
16. Causing damage to property and disobedient of orders.
17. Cognizance of offences.
18. Water resources.
19. Taxes, rates, fees and other charges.
20. Recovery of dues.
21. Conversion of property to a different use.
22. Removal of building etc., erected or used in contravention of this Act.
23. Power to make rules.
24. Power to make regulations.
25. Act to override other laws.
26. Dissolution of Authority.
27. Removal of difficulties.
[1][1]The New Murree Development Authority Act, 2004
(Act I of
2004)
[
An Act to
provide for establishment of the New Murree Development Authority.
Preamble.– Whereas it is expedient in the public interest to
establish an Authority for planning, development and management of a new
township near Murree and to make provisions for matters connected therewith and
ancillary thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.– (1) This
Act may be called the New Murree Development Authority Act, 2004.
(2) It shall
extend to such areas as may be notified by the Government from time to time.
(3) It
shall come into force at once.
2. Definitions.– In this Act, unless the subject or context otherwise requires,–
(a) “Agency” means any department or organization of Federal, Provincial or Local Government;
(b) “area” means the area notified by the Government from time to time to be the area of the Authority;
(c) “Authority” means the New Murree Development Authority established under this Act;
(d) “Government” means the Government of the
(e) “prescribed” means prescribed by rules made
under this Act.
3. Establishment of New Murree Development
Authority.– (1) As soon as may be after the commencement of this Act, the Government
shall establish an Authority to be called the New Murree Development Authority
for carrying out the purposes of this Act.
(2) The Authority shall be a body corporate,
with perpetual succession and a common seal, with powers, subject to the
provisions of this Act, to acquire 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)
|
Chief
Minister of the |
Chairman
(ex-officio) |
(b)
|
Chief
Secretary, Government of the |
Member
(ex-officio) |
(c)
|
Chairman,
Planning & Development Department, Government of the |
Member
(ex-officio) |
(d)
|
Secretary,
Finance Department, Government of the |
Member
(ex-officio) |
[2][2][(d-a) |
Secretary,
Tourism and Resort Development Department |
Member
(ex-officio)] |
(e)
|
Secretary, Housing, Urban Development & Public
Health Engineering Department, Government of the |
Member
(ex-officio) |
(f)
|
Secretary, Forestry, Wildlife [3][3][and]
Fisheries |
Member
(ex-officio) |
(g)
|
Secretary,
Communication & Works Department, Government of the |
Member
(ex-officio) |
(h)
|
Secretary,
Environment Protection Department, Government of the |
Member
(ex-officio) |
(i)
|
Director General, New Murree Development Authority; and |
Member/Secretary (ex-officio) |
(j)
|
five
non-official members to be appointed by the Government. |
Member |
(2) The members except 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.
(3) Any non-official member may, by a notice
in writing under his hand addressed to the Chairman, resign from his office.
(4) No act or proceedings of the Authority shall
become invalid merely on the ground of the existence of any vacancy or defect
in the constitution of the Authority.
(5) Meetings of the Authority shall be held
at such times and places and in such manner as the Chairman may decide.
5. Headquarters of
Authority.– Until the Authority establishes its headquarters
within the area, its headquarters may be situated at any place in the province
of the
6. 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 assigned to him
and exercise such powers as may be 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 Director General for such period as the Government may determine.
7. Functions and powers of the Authority.– (1) Subject to the provisions of this
Act and any rules framed thereunder, the Authority may exercise such powers and
take such measures as may be necessary for the planning, development and
management of the area.
(2) Without
prejudice to the generality of the foregoing sub-section, the Authority may–
(a) prepare and approve a master plan and a phased
master programme for the development of the area;
(b) pursuant to the approved master plan and the
master programme, call upon any Agency to prepare or execute, in consultation
with the Authority, a scheme or schemes in respect of matters ordinarily dealt
with by such Agency and approval of such schemes shall vest with the Authority;
(c) establish, maintain and periodically revise as
necessary, planning, controls and building regulations for the area in order –
(i) to provide appropriate urban design and
protect public safety; and
(ii) to ensure compliance with the Master Plan
after its preparation; and
(d) take all steps and measures necessary for the
implementation and enforcement of the provisions of clauses (a) to (c) above.
(3) Without restricting the scope of
sub-sections (1) and (2), the Authority may–
(a) prepare, implement and enforce schemes for environmental
improvements, housing, water supply, sewerage, drainage, solid waste disposal,
transportation and traffic, health and education facilities and preservation of
objects or places of historical, archaeological, scientific, cultural and
recreational importance;
(b) take any steps or adopt any measures for the
beautification of the area;
(c) acquire property, both moveable and
immoveable;
(d) sell, lease, exchange or otherwise dispose of
any property vested in it;
(e) undertake any works and incur any expenditure;
(f) procure machinery, instruments or any other
material required by it;
(g) enter into contracts;
(h) cause studies, surveys, experiments or
technical researches to be made or contribute towards the cost of any such
studies, surveys, experiments or technical researches;
(i) issue interim development orders for areas for
which a scheme is under preparation and restrict or regulate by general or
special order any change in the use of land and alteration in building
structures and installations;
(j) cause removal of any works obstructing the
execution of its schemes;
(k) construct, maintain, upgrade and exclusively
charge toll on roads, or such other facilities within the area;
(l) seek and obtain advice and assistance for the
preparation of any scheme, or for the execution of any scheme from any
Government Agency or person;
(m) constitute such financial, technical and
advisory committees, as may be deemed necessary for carrying out the purposes
of this Act and such committees shall exercise such powers and perform such
functions as may be delegated or assigned to them by the Authority;
(n) by
general or special orders, delegate to the Director General or any committee or
member or officer of the Authority, any of its powers, duties or functions
under this Act subject to such conditions as it may deem fit to impose; and
(o) perform any or all civic functions including
policing and watch and ward for the enforcement of the provisions of this Act.
(4) No
planning or development scheme shall be prepared by any person or by agency in
the area except with the concurrence of the Authority.
(5) Any
scheme prepared under this Act may at any time be amended or modified by the
Authority.
(6) No person shall, without the prior
written consent of the Authority, allocate, exploit or in any manner utilize
any natural resources used as construction material in the area.
(7) Notwithstanding anything contained in
any other law for the time being in force, the Authority may exercise and
perform any or all powers and functions of the local government as defined and
provided under the Punjab Local Government Ordinance, 2001 (XIII of 2001).
8. Appointment
of officers and employees. – (1) The Authority may, from time to time 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.
(2) The Authority may acquire the services
of such officers, advisers, experts and employees on deputation from any agency
as it considers necessary.
9. Employees
to be public servants.– All persons acting or purporting to act in
pursuance of any of the provisions of this Act 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 Chairman, any member, officers, servants,
experts and consultants of the Authority in respect of anything done or
intended to be done in good faith under this Act.
11. Authority Funds.– (1) There shall be formed a fund to be known
as the “New Murree Development Authority Fund” which shall vest in the
Authority and shall be utilized by the Authority in connection with its
functions under this Act including the payment of salaries and other
remunerations to the members, officers, servants, experts and consultants of
the Authority.
(2) Following
shall be credited to the “New Murree Development Authority Fund”:-
(a) grants and loans made by the Government;
(b) all moneys received from Government or any
international agency by way of grants, loans, advances or otherwise;
(c) all
taxes, fees, rates and other charges received by the Authority under this Act;
(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
urban development and environmental sanitation; and
(f) all other sums receivable by the Authority.
12. Accounts.– The Authority shall maintain proper accounts
and other relevant records and prepare annual statement of accounts in such
form as may be prescribed.
13. Budget.– The Authority shall prepare and approve
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 Authority.
14. Audit.– The accounts of the Authority shall be audited
annually by duly qualified auditors appointed by the Authority.
15. Penalty.– Whoever contravenes any provision of this Act, or any rules or
regulations made thereunder shall, if no other penalty is provided for such
contravention, be punishable with imprisonment for a term which may extend to
six months or with fine or with both.
16. Causing damage to property and
disobedience of orders.– (1) Whoever willfully causes damage, or allows
damage to be caused to any property which vests in the Authority or which is
intended to be acquired by 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 or with both.
(2) Whoever
refuses or neglects to provide any officer or servant of the Authority with the
means necessary for entering into any premises for the purpose of collecting
any information or making an examination or enquiry shall be punishable with
imprisonment which may extend to one year or fine or with both.
(3) Whoever
attempts to commit or abets the commission of an offence punishable under this
Act, shall be deemed to have committed that offence.
(4) Whoever negligently does any act in the
performance of his duties which causes loss of money or property to the
Authority, shall be liable to be punished with imprisonment for a term which
may extend to two years or fine or with both.
17. Cognizance
of offences.– (1) No court shall take cognizance of any
offence punishable under this Act except on a complaint in writing made by an
officer authorized for the purpose by the Authority.
(2) A
court taking cognizance of the offences punishable under this Act shall try
such offences in a summary manner in accordance with the provisions of the Code
of Criminal Procedure, 1898 (Act V of 1898).
18. Water
resources.– The Authority shall have the exclusive right
to use water emanating from the main source situated outside the area and other
resources of supply within the area.
19. Taxes, rates, fees and other charges.– The Authority may levy and recover taxes,
rates, fees and other charges in the area for the purposes of this Act as may
be notified.
20. Recovery
of dues.– Any sum due to the Authority from or any sum
wrongly paid by the Authority to, any person under this Act shall be
recoverable as arrears of land revenue.
21. 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 Authority in writing,
shall be punishable with a fine which may extend to rupees one thousand 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.
22. Removal of building etc, erected or used
in contravention of this Act.– (1) If any building, structure, work or land is
erected, constructed or used in contravention of the provisions of this Act or
of any rule, regulation or order made thereunder, the Authority or any person
authorized by it in this behalf, may, by an 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 Act.
(2) If
an order under sub-section (1) in respect of any building, structure, work or
land is not complied within such time, as may be specified therein, the
Authority in this behalf may 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 thereof from the person responsible
for the erection, construction or use of the building, structure, work or land
in contravention of the provisions as aforesaid.
23. Power to make rules.– Government may, by notification in the
official Gazette, make rules for carrying into effect the purposes of this Act.
24. Power to make regulations.– The Authority may make regulations as may be
necessary, to carry out the purposes of this Act and rules framed thereunder.
25. Act to
override other laws.– In
the event of any conflict or inconsistency between the provisions of this Act
and the provisions of any other law for the time being in force, the provisions
of this Act, to the extent of such conflict or inconsistency, shall have an
overriding effect.
26. Dissolution of Authority.– (1) The Government may, by notification in the
official Gazette, declare that the Authority shall be dissolved on such date as
may be specified in such notification and the Authority shall stand dissolved
accordingly.
(2) (a) On the dissolution of the Authority
under this Act–
(i) all properties, funds and dues placed at the
disposal of the Authority by the Government; and
(ii) all properties, funds and dues exchanged for,
derived from or otherwise attributable to the properties, funds and dues
referred to in clause (i) which, immediately before the dissolution, were held
by or were releasable by the Authority, or were realizable by the Authority,
shall vest in, and be realizable by the Government;
(b) all properties, funds and dues, other than
those referred to in clause (a) which immediately before the dissolution were
vested in or were realizable by the Authority shall vest in and be realizable
by such Agency as the Government may determine and its decision thereon shall
be final;
(c) all liabilities which, immediately before the
dissolution were enforceable against the Authority shall be assumed by and be
enforceable against the Government or such Agency as the Government determines
under clause (b);
(d) for the purpose of completing the execution of
any scheme which has not been fully executed by the Authority and of realizing
properties, funds and dues referred to in clauses (a) and (b) the functions of
the Authority under this Act shall be discharged by the Government or by the
Agency determined by the Government under clauses (b) and (c); and
(e) the
Agency referred to in clauses (b), (c ) and (d) shall keep such accounts of all
moneys received and expended by it under this Act as the Government may
determine.
27. Removal of difficulties.– If any difficulty arises in giving effect to
any provision of this Act, the Government may give such directions, as it may
consider necessary for the removal of such difficulty.
[1][1]This Act was passed by the
Punjab Assembly on 7 January 2004; assented to by the Governor of the
[2][2]Inserted by the New Murree Development Authority (Amendment) Act 2004 (XVII of 2004).
[3][3]Substituted ibid., for the “comma”.
[4][4]The words “& Tourism” omitted ibid.
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