ACT XXXIII OF 2012
ACT 2012
An Act further to amend the
[Gazette of
No.PAP-Legis-2(118)/2012/575.--The Punjab Katchi Abadis (Amendment) Bill
2012, originally passed by the Provincial Assembly of the Punjab on the 8th day
of March 2012, was sent to the Governor of the Punjab for assent. The Governor
returned the Bill for reconsideration by the Assembly. The Provincial Assembly
of the
Preamble.--Whereas it is expedient further to amend the
Punjab Katchi Abadis Act, 1992 (VIII of 1992), for purposes hereinafter
appearing;
It is enacted as follows:--
1. Short
title and commencement:--(1)
This Act, may be cited as the Punjab Katchi Abadis (Amendment) Act, 2012.
(2) It
shall come into force at once.
2. Amendment
in Section 6 of Act, VIII of 1992.--In the Punjab Katchi Abadis Act, 1992 (VIII of 1992), in Section 6, in
sub-section (1), for the figures "2006", the figures "2011"
shall be substituted.
-------------------------
ACT XXXIV OF 2012
An Act further to amend the
Ordinance, 2001.
[Gazette of
No.PAP-Legis-2(117)/2012/576.
The Punjab Local Government
(Second Amendment) Bill 2012, originally passed by the Provincial Assembly of
the
Preamble.--Whereas it is expedient further to amend the
Punjab Local Government Ordinance, 2001 (XIII of 2001), for purposes
hereinafter appearing;
It is enacted as follows:--
1. Short
title and commencement.--(1)
This Act, may be cited as the Punjab Local Government (Second Amendment) Act, 2012.
(2) It
shall come into force at once.
2. Amendment
in Section 179-A of Ordinance XIII of 2001.--In the Punjab Local Government Ordinance, 2001 (XIII of 2001), in Section
179-A, after sub-section (5), the following sub-section (5a) shall be inserted:
"(5a) The Government may, subject to previous publication and by
notification in the official Gazette, change the boundaries of a union, tehsil
or town and such change shall take effect from the date of the
notification."
----------------------
ACT XXXV OF 2012
An Act to amend the
[Gazette of
No.
PAP-Legis-2(115)/2011/577.--The
Punjab Environmental Protection (Amendment) Bill 2011, originally passed by the
Provincial Assembly of the Punjab on the 7th day of March 2012, was sent to the
Governor of the Punjab for assent. The Governor returned the Bill for
reconsideration by the Assembly. The Provincial Assembly of the
Preamble.--Whereas it is expedient to amend the Pakistan
Environmental Protection Act, 1997 (XXXIV of 1997) for purposes hereinafter
appearing;
It is enacted as follows:--
1. Short
title and commencement.--(1)
This Act, may be cited as the Punjab Environmental Protection (Amendment) Act, 2012.
(2) It
shall come into force at once.
2. Amendments
in Act, XXXIV of 1997.--In
the Pakistan Environmental Protection Act, 1997 (XXXIV of 1997), hereinafter
referred to as the said Act--
(a) for
the words "Federal Government", wherever occur, the word
"Government” shall be substituted;
(b) for
the words "Federal Agency", wherever occur, the words
"Provincial Agency" shall be substituted; and
(c) for
the word "National", wherever occurs, the word "
3. Amendments
in Section 1 of Act, XXXIV of 1997.--In the said Act, in Section 1--
(a) in
sub-section (1), for the word "
(b) in
sub-section (2), for the word "
4. Amendments
in Section 2 of Act, XXXIV of 1997.--In the said Act, in Section 2--
(a) in
clause (v), for the word "
(b) in
clause (ix), for the words "Federal Agency or a Provincial Agency",
the words "Provincial Agency" shall be substituted;
(c) clause
(xiv) shall be omitted;
(d) for
clause (xvi), the following shall be substituted:--
"(xvi) "Government" means Government of
the
(e) for
clause (xvii), the following shall be substituted:--
"(xvii) "Government Agency" includes--
(a) a department, an attached department or
any other office of the Government; and
(b) a development authority, local
authority, company or a body corporate established or controlled by the
Government;"
(f) clause
(xx) shall be omitted;
(g) in
clause (xxv), for the words "Federal Government or a Provincial
Government", the word "Government" shall be substituted;
(h) clause
(xxix) shall be omitted;
(i) for
clause (xxxiv), the following shall be substituted:--
"(xxxiv) "prescribed" means prescribed by the rules or
regulations;"
(j) for
clause (xxxvii), the following shall be substituted:--
"(xxxvii) "Provincial Agency" means the
Provincial Environmental Protection Agency established under the Act, or any
Government Agency, local council or local authority exercising the powers and
functions of the Provincial Agency;"
(k) after
clause (xxxvii), the following clause (xxxvii-a) shall be inserted:--
"(xxxvii-a) "Punjab Environmental Quality
Standards" mean the standards prepared by the Provincial Agency and
approved by the Council;" and
(l) clause
(xliii) shall be omitted.
5. Amendments
in Section 3 of Act, XXXIV of 1997.--In the said Act, in Section 3--
(a) in
the marginal heading, for the word "
(b) for
sub-section (1), the following shall be substituted:--
"(1) The Government shall, by notification in
the official Gazette, establish a Council to be known as the Punjab
Environmental Protection Council consisting of--
|
(i) Chief
Minister of the |
Chairperson |
|
(ii) Minister
Incharge of the Environment Protection Department; |
Vice Chairperson |
|
(iii) such
other persons not exceeding thirty five as the Government may appoint, of
which at least twenty five shall be non-official including at least three
Members of the Provincial Assembly of the Punjab, five representatives of the
Chambers of Commerce and Industry and one or more representatives of the
Chambers of Agriculture, Medical and legal profession, trade unions and
non-governmental organizations concerned with the environment and sustainable
development, and scientists, technical experts and educationalists; and |
Member |
|
(iv) Secretary
to the Government, Environment Protection Department. |
Member |
6. Amendments in Section 5 of Act, XXXIV of 1997.--In the said Act, in Section 5--
(a) in
the marginal heading, for the word "
(b) for
sub-section (1), the following shall be substituted:--
"(1)
The Government shall, by notification in the official Gazette, establish the
Provincial Environmental Protection Agency to exercise the powers and perform
the functions assigned to it under this Act, the rules and the
regulations."
7. Amendment
in Section 6 of Act, XXXIV of 1997.--In the said Act, in Section 6, in sub-section (1)--
(a) in
clauses (b) and (c), the word "national" shall be omitted; and
(b) clause
(g) be substituted as under--
"(g)
establish standards for the quality of the ambient air, water and land, by
notification in the official Gazette;"
8. Amendment
in Section 7 of Act, XXXIV of 1997.--In the said Act, in Section 7, for clause (k), the following shall be
substituted:--
"(k) establish
the Punjab Environmental Coordination Committee comprising the Director General
as its convener and such other members as the Government may appoint to
exercise such powers and perform such functions as may be delegated or assigned
to it by the Government for carrying out the purposes of this Act."
9. Omission
of Section 8 of Act, XXXIV of 1997.--In the said Act, Section 8 shall be omitted.
10.
Amendments in Section 9 of Act, XXXIV of 1997.--In the said Act, in Section 9--
(a) for
sub-section (1), the following shall be substituted:--
"(1)
There shall be established a Provincial Sustainable Development Fund.";
and
(b) in
sub-section (2), in clause (a), for the words "Federal Government or the Provincial
Governments", the words "Government or the Federal Government" shall
be substituted.
11.
Amendment in Section 10 of Act, XXXIV of 1997.--In the said Act, in Section 10, for
sub-section (1), the following shall be substituted:--
"(1) The Provincial Sustainable Development Fund shall be managed
by a Board known as the Provincial Sustainable Development Fund Board
consisting of--
|
(i) Chairman,
Planning and Development Board; |
Chairperson |
|
(ii) Such
officers of the Government, not exceeding six, as the Government may appoint
including Secretaries incharge of the Finance, Industries and Environment
Departments; |
Members |
|
(iii) such
non-official persons not exceeding ten as the Government may appoint
including representatives of the Chamber of Commerce and Industry, non-governmental
organizations and major donors; and |
Members |
|
(iv) Director
General of the Provincial Agency. |
Member/ Secretary” |
12.
Substitution of Section 13 of Act, XXXIV of 1997.--In the said Act, for Section 13, the
following shall be substituted:--
"13.
Prohibition of import of hazardous waste.--No person shall import hazardous waste into the
13.
Amendments in Section 16 of Act, XXXIV of 1997.--In the said Act, in Section 16--
(a) for
sub-section (1), the following shall be substituted:--
"(1)
Where the Provincial Agency is satisfied that the discharge or emission of any
effluent, waste, air pollutant or noise, or the disposal of waste, or handling
of hazardous substance, or any other act or omission is likely to occur, or is
occurring, or has occurred, in violation of any provision of this Act, rules or
regulations or of the conditions of a license, or is likely to cause, or is
causing, or has caused an adverse environmental effect, the Provincial Agency
may, after giving the person responsible for such discharge, emission,
disposal, handling, act or omission an opportunity of being heard, by order,
direct such person to take such measures as the Provincial Agency may consider
necessary within such period as may be specified in the order.";
(b) in
sub-section (2), in clause (d), for the words and comma "Federal Agency
or, Provincial Agency", the words "Provincial Agency" shall be
substituted; and
(c) in
sub-section (3), for the words "Federal Agency or Provincial Agency",
the words "Provincial Agency" shall be substituted.
14.
Amendments in Section 17 of Act, XXXIV of 1997.--In the said Act, in Section 17--
(a) in
sub-section (1), for the words "one million", the words "five
million" shall be substituted;
(b) in
sub-section (2)--
(i) for the words "Federal Agency or
Provincial Agency", the words "Provincial Agency" shall be
substituted; and
(ii) for the words "one hundred
thousand", the words "five hundred thousand" shall be
substituted;
(c) in
sub-section (5), in clause (e), for the words and commas "Federal Agency
or, as the case may be, Provincial Agency", the words "Provincial
Agency" shall be substituted;
(d) in
sub-section (6), for the words "Federal Agency or of a Provincial
Agency", the words "Provincial Agency" shall be substituted; and
(e) in
sub-section (7)--
(i) for the words "Federal Agency or
of a Provincial Agency", the words "Provincial Agency" shall be
substituted; and
(ii) for the words and commas "Federal
Agency or, as the case may be, Provincial Agency", the words
"Provincial Agency" shall be substituted.
15.
Amendment in Section 20 of Act, XXXIV of 1997.--In the said Act, in Section 20, for
sub-section (4), the following shall be substituted:--
"(4) A decision of an Environmental
Tribunal shall be expressed in terms of the opinion of the majority, or if the
case has been decided by the Chairperson and only one of the members and there
is a difference of opinion between them, the decision of the Environmental
Tribunal shall be expressed in terms of the opinion of the Chairperson."
16.
Amendments in Section 21 of Act, XXXIV of 1997.--In the said Act, in Section 21--
(a) in
sub-section (3), in clause (b), for the words and comma "Federal Agency,
or the Provincial Agency concerned", the words "Provincial
Agency" shall be substituted; and
(b) in
sub-section (7), for the words "Federal Agency or of Provincial
Agency", the words "Provincial Agency" shall be substituted.
17.
Amendment in Section 22 of Act, XXXIV of 1997.--In the said Act, in Section 22, in
sub-section (1), for the words "Federal Agency or any Provincial
Agency", the words "Provincial Agency" shall be substituted.
18.
Amendment in Section 24 of Act, XXXIV of 1997.--In the said Act, in Section 24, in
sub-section (3), in clause (a), for the words and comma "Federal Agency,
Provincial Agency", the words "Provincial Agency" shall be
substituted.
19.
Substitution of Section 26 of Act, XXXIV of 1997.--In the said Act, for Section 26, the
following shall be substituted:--
"26.
Power to delegate.--The
Government may, by notification in the official Gazette, delegate any of its or
of the Provincial Agency's powers or functions under this Act, the rules or the
regulations to any Government Agency, local council or local authority."
20.
Substitution of Section 27 of Act, XXXIV of 1997.--In the said Act, for Section 27, the
following shall be substituted:--
"27.
Power to give directions.--In
the performance of its functions, the Provincial Agency shall be bound by the
directions given to it in writing by the Government."
21.
Substitution of Section 28 of Act, XXXIV of 1997.--In the said Act, for Section 28, the
following shall be substituted:--
"28.
Indemnity.--No suit,
prosecution or other legal proceedings shall lie against the Government, the
Council, the Provincial Agency, the Director General of the Provincial Agency,
members, officers, employees, experts, advisors, or consultants of the
Provincial Agency or the Environmental Tribunal, an Environmental Magistrate or
any other person for anything which is in good faith done or intended to be
done under this Act, or the rules or the regulations."
22.
Amendment in Section 29 of Act, XXXIV of 1997.--In the said Act, in Section 29, for the words
"Federal Agency or Provincial Agency", the words "Provincial
Agency" shall be substituted.
23.
Amendment in Section 34 of Act, XXXIV of 1997.--In the said Act, in Section 34, sub-section
(3) shall be omitted.
-----------------------
ACT XXXVI OF
2012
WALLED CITY
OF
An
Act to provide for the conservation, planning, development, management and
regulation of
[Gazette
of
No.PAP-Legis-2(103)/2011/578.--The Walled City of Lahore Bill 2011,
originally passed by the Provincial Assembly of the
Preamble.--Whereas it is necessary in public interest to
ensure a holistic, comprehensive and integrated legal framework and specialized
institutional arrangement for the conservation of the heritage of the Walled
City of Lahore and to enhance the quality of life of the people of the Walled
City of Lahore and to provide for the planning, development, management and
regulation of the infrastructure and services therein as well as conduct of
business and commercial activity and ancillary matters;
It is enacted as follows:--
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement.--(1) This Act, may be cited as the Walled City
of Lahore Act, 2012.
(2) It
shall extend to whole of the Walled City of Lahore.
(3) It
shall come into force at once.
2. Definitions.--In this Act--
(i) "Act"
means the Walled City of Lahore Act, 2012;
(ii) "alter"
means to change in any manner and includes any action that detracts from the
heritage value;
(iii) "Authority"
means the Walled City of Lahore Authority established under Section 3 of the
Act;
(iv) "Board"
means the Heritage Conservation Board constituted under Section 9 of the Act;
(v) "building"
includes any structure, house, dwelling, depot, godown, hall, wall, gate,
monument, grave, tomb, minaret, shrine, shop, shelter, hut, porch, shed, dome,
edifice, colonnade, gallery, deck, den, fort, fountains, public baths, business
place, place of worship, and includes urban open space, covered streets,
passages and paths connected to any building or such other site as the
Authority may notify;
(vi) "building
fabric" means all the physical material of a building or a structure
including components, fixtures, contents, manner and material of construction,
surface finishes and adornments, and objects thereof;
(vii) "Citizen
Community Council" means the Citizen Community Council set up under Section
38 of the Act;
(viii) "conservation"
means any activity undertaken to conserve the heritage or heritage value and
includes identification, preservation, protection, regeneration, redevelopment,
revitalization, rehabilitation, reconstruction maintenance, restoration,
adaptation, structural consolidation, for purposes of transmission of heritage
value;
(ix) "Directorate"
means a Directorate established under Section 10 by the Authority to perform
one or more of its functions under the Act;
(x) "Director
General" means the Director General of the Authority;
(xi) "encroachment"
means any unauthorized structure on a public area, public crossings, public
passage or urban open space, or unauthorized use of public area, public
crossings, public passage or urban open space;
(xii) "environment"
means air, physical space, urban form, sensory qualities including vistas,
views and sights;
(xiii) "Government"
means Government of the
(xiv) "Government
Agency" includes--
(a) a department, attached department,
bureau, section, commission, board, office, or unit of the Government;
(b) a Local Government as defined in the
Punjab Local Government Ordinance, 2001 (XIII of 2001) or in any other law
relating to Local Governments for the time being in force; and
(c) a developmental or any other public
authority, company or corporation owned or controlled by the Government or a Local
Government;
(xv) "group
of buildings" means group of separate or connected buildings which,
because of their architecture, their homogeneity, neighborhood or their place
in the landscape, are of heritage value;
(xvi) "heritage"
means architectural, archeological, monumental, historic, artistic, aesthetic,
cultural or social aspects, reflections, elements, features of a building,
group of buildings, structure, building fabric, urban fabric, urban open space,
public area, public crossings or public passage and environment of the Walled
City and includes intangible heritage;
(xvii) "heritage
property" means any building, land, structure, fabric or work of heritage
value declared as heritage property for purposes of the Act;
(xviii) "heritage
value" includes architectural, archaeological, monumental, historic,
artistic, aesthetic, cultural or social value, age value and commemorative
value, use value, place value, of the heritage as identified and assessed for
establishing authenticity;
(xix) "inhabitant"
means a person, other than an owner or an occupant, who is in active possession
of a private building as a tenant, lessee, licensee, or permissive possessor of
a building;
(xx) "intangible
heritage" includes the customary practices, representations, expressions,
knowledge, lore, skills, traditions, festive events, traditional craftsmanship,
performing arts as well as the instruments, objects, artifacts associated
therewith and also includes the evolution thereof;
(xxi) "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;
(xxii) "maintenance"
means the continuous protective care of the fabric and setting of a building,
group of buildings, urban open space, and includes the fencing, covering in
renovating, repair, and cleansing thereof;
(xxiii) "master
conservation and re-development plan" means the comprehensive plan for conservation
and re-development of the heritage, prepared by the Authority under Section 15
of the Act;
(xxiv) "occupant"
means any person in occupation of a building in his own right and is not a
tenant, lessee, licensee, without any obligation to pay rent, fee or charge to
any person in any manner whatsoever;
(xxv) "owner"
includes any person who is receiving or is entitled to receive the rent of any
building or land whether on his own account or on behalf of himself and others
or an agent or trustee, or who would so receive the rent or be entitled to
receive it if the building or land were let to a tenant;
(xxvi) "person"
includes an individual, company, firm, cooperative society or association of
individuals;
(xxvii) "prescribed"
means prescribed by the rules made or regulations framed under the Act;
(xxviii) "private
building" means a building which is in the ownership of a private person
irrespective of its nature or use;
(xxix) "public
area" means any place, or urban open space to which public, subject to any
restrictions deemed to be in the public interest, has a free and unfettered
access;
(xxx) "public
crossing" means any place, square, courtyard or other urban open space,
where two or more public passages intersect and used by the public as a thoroughfare;
(xxxi) "public
passage" includes a road, street, public crossing, cul-de-sac and path whether
or not a thoroughfare, over which the public have a right of way;
(xxxii) "public
utility building" includes any building or urban open space constructed,
built, or used for social, religious, political, congregational, entertainment
or amusement purpose;
(xxxiii) "regulations"
means the regulations framed under the Act;
(xxxiv) "rules"
means the rules made under the Act;
(xxxv) "scheme"
means any scheme prepared by the Authority for purposes of giving effect to any
provisions of the Act;
(xxxvi) "structure"
means any type of construction or a covered space and includes ruins or remains
of a building or group of buildings;
(xxxvii) "Trade
and Business Council" means the Trade and Business Council of the
Authority;
(xxxviii) "transfer of property"
means transfer of property as defined in Section 5 of the Transfer of Property
Act, 1882 (IV of 1882);
(xxxix) "urban
fabric" includes monuments, ordinary buildings, streets, urban open
spaces, urban patterns defined by land parcels and streets, street pavement,
elements of the utility infrastructure, street furniture, signage, and public
facilities;
(xl) "urban
open space" includes gardens, parks, playgrounds, walled spaces, playfields,
recreational areas and open spaces available to public;
(xli) "
(xlii) "zone
of special value" means any area of special architectural or historic
interest or appearance which it is desirable to preserve, enhance or develop,
designated under Section 24 of the Act.
CHAPTER
II
WALLED CITY OF
3. Establishment
and Constitution of the Authority.--(1) The Government may, by notification in the official Gazette,
establish an Authority for the
(2) The Authority shall be a body corporate with
perpetual succession and a common seal, with power to acquire, hold and dispose
of property, and it may sue or be sued in its name.
4. Members
of the Authority.--(1) The
Authority shall consist of the following members:--
(i) Chief
Minister of the
(ii) Chief Secretary of the Government Vice-Chairperson
(iii) All
members of the Provincial and
National Assembly whose constituency
falls partly or wholly within the
(iv) Chairman,
Planning and Development
Board of the Government; Member
(v) Director General of the Authority; Member/
Secretary
(vi) Secretary
to the Government,
Finance Department; Member
(vii) Chairperson
of the Heritage
Conservation Board; Member
(viiii) Zila
Nazim, City District
Government Lahore; Member
(ix) four
qualified persons to be nominated,
by the Chairperson on the recommend-
ation of all members of the Provincial
and National Assembly whose constituency
falls partly or wholly within the
(2) The
person qualified to become a member of the Authority--
(i) shall
be at least thirty years of age;
(ii) shall
be a prominent and well-reputed resident of the
(iii) should
not have any criminal record; and
(iv) may
not have served as member of the Authority for two consecutive terms.
(3) A member of the Authority, other than an
ex-officio member, unless removed by the Authority, shall hold the office for a
period of three years.
(4) A member who has a financial or personal
interest in any proceedings of the Authority shall not take part in the
proceedings.
(5) No act or proceedings of the Authority
shall be invalid merely by reason of any vacancy or defect in the Constitution
of the Authority.
5. Meetings
and conduct of business by the Authority.--(1) The Authority shall meet at least three times in a calendar year.
(2) The Director General shall convene a
meeting of the Authority with the prior approval of the Chairperson or upon
receiving written request of five or more members.
(3) The request under sub-section (2) shall
be accompanied by the proposed agenda for the meeting.
(4) The meetings of the Authority shall be
presided over by--
(i) the
Chairperson; or
(ii) in
the absence of the Chairperson, the Vice Chairperson; or
(iii) in
the absence of the Chairperson as well as the Vice-Chairperson, by a member of
the Authority elected for the purpose by the members present at a meeting.
(5) The Authority shall transact its business
in accordance with the prescribed manner.
6. Director
General.--(1) The
Chairperson may, on the recommendation of the Authority, appoint the Director
General on such terms and conditions as may be prescribed.
(2) The Director General shall be a person
selected directly through public advertisement having, among other
qualifications, fifteen years' experience of management or academics in the
fields of heritage, culture, or urban planning.
(3) An officer of the Government of the rank
and status of BS-20 or above and possessing the requisite expertise mentioned
in sub-section (2) shall be eligible for appointment as the Director General.
(4) The Director General shall be the Chief
Executive of the Authority and shall--
(i) be
a whole time officer of the Authority;
(ii) perform
such duties and exercise such powers as are assigned to him under the Act, or
as may be prescribed or as may be delegated to him by the Authority; and
(iii) hold
office for a term of three years but shall remain in office for three months
thereafter or until a successor in that office is appointed, whichever is
earlier.
(5) Nothing in the preceding sub-section
shall preclude the Chairperson from extending the term of office of the
Director General for such period as the Authority may determine.
(6) The Director General, who is not a
Government servant, may resign by tendering his resignation to the Chairperson
and shall cease to hold office upon acceptance of his resignation.
(7) The Chairperson, on the recommendation of
the Authority, may remove or, as the case may be, transfer the Director General
during the term of his office.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
7. Functions
of the Authority.--(1)
Subject to the provisions of the Act, rules or regulations, the Authority shall
perform such functions and take such measures as may be necessary for carrying
out the purposes of the Act.
(2) Without
prejudice to the generality of the provisions of sub-section (1), the Authority
shall—
(i) implement
and execute master heritage conservation and re-development plans;
(ii) prepare
and execute schemes;
(iii) identify,
assess and authenticate heritage value;
(iv) conserve
heritage of the
(v) establish,
maintain and periodically revise planning controls and building regulations for
purposes of the Act;
(vi) regulate
the transfer of property;
(vii) preserve
and promote culture;
(viii) develop
and maintain an urban open space;
(ix) conserve
and upgrade the environment;
(x) regulate
the use of public places, urban open spaces, public crossings or public passages
for purposes of public communication, ceremonies, or ritual events;
(xi) prepare,
implement and enforce schemes for environmental improvements, urban renewal,
including solid waste disposal, transportation and traffic, health and
education facilities;
(xii) maintain
the record of heritage properties;
(xiii) cause
studies, surveys, technical researches to be made or contribute towards the
cost of any such studies, surveys, technical researches;
(xiv) issue
interim development order for proceeding with the conservation and structural
consolidation of a building under imminent threat of structural damage of any
nature; and
(xv) perform
other functions as are incidental to the above functions or as the Government
may assign to the Authority for purposes of the Act.
8. Powers
of the Authority.--(1) The
Authority shall have all powers necessary to perform its functions under the
Act.
(2) In
particular, and without prejudice to the generality of the foregoing powers,
the Authority shall exercise the following powers:--
(i) undertake
any work, incur any expenditure for the implementation of the master
conservation and re-development planned schemes;
(ii) provision
of civic utilities and municipal services;
(iii) regulation
of building construction and granting permits for demolition and reconstruction;
(iv) regulation
of trade, calling and occupation in the
(v) removal
of encroachments;
(vi) promotion
of tourism and sports;
(vii) promotion
of investment for development of
(viii) community
mobilization and poverty alleviation;
(ix) eviction
of illegal occupants of private or public utility buildings;
(x) acquire
property, both movable and immovable;
(xi) procure
machinery instruments or any other material required by it;
(xii) enter
into contracts;
(xiii) coordinate
with various Government agencies and other local and international organizations
and institutes for smooth implementation of the Act;
(xiv) establish
separate Directorates of the Authority;
(xv) enforce
the provisions of the Act, rules and regulations;
(xvi) seek
or call for any information from any person or Government agency, as may be
required for carrying out the purposes of the Act;
(xvii) seek
from any Government agency assistance in the discharge of its functions; and
(xviii) exercise
such other powers as the Government may, from time to time, assign to the
Authority.
9. Heritage
Conservation Board.--(1) As
soon as may be practicable, the Government may constitute the Heritage
Conservation Board to advise the Government and the Authority on conservation
of the heritage and other matters arising out of the administration of the Act,
and to perform such other functions as are assigned to it under the Act, the
rules or the regulations, or by the Authority.
(2) The Government, on the recommendation of
the Authority, shall nominate not more than seven members of the Heritage
Conservation Board and the members shall elect one of the members as the
Chairperson and another as the Deputy Chairperson of the Heritage Conservation
Board.
(3) A member of the Heritage Conservation
Board shall be a person having knowledge or experience in respect of one or more
fields of history, culture, archaeology, architecture, the preservation or
conservation of monuments, buildings or settlements, cities, town planning,
tourism and community development.
(4) The Heritage Conservation Board shall
meet at least once in a calendar year.
10.
Directorates.--The Authority
may constitute such Directorates as may be deemed necessary for carrying out
the purposes of the Act, and such Directorates shall exercise such powers and
perform such functions as may be delegated or assigned to them by the
Authority.
11.
Power to act as Local Government.--The Government may, by a notification in the official Gazette,
authorize the Authority to exercise and perform such powers and functions in
respect of the Walled City as a Local Government under the Punjab Local
Government Ordinance 2001 (XIII of 2001) or under any other law relating to Local
Governments.
12.
Appointment of employees.--(1)
For the performance of its functions, the Authority may, with prior approval of
the Government, employ such persons and on such terms and conditions as it may
determine.
(2) Without
prejudice to the generality of the foregoing powers, the Authority may appoint
and remove its employees and exercise discipline and control over them.
(3) The
Authority shall make regulations for appointment, promotion, termination and other
terms and conditions of employment of its employees.
13. Officials and employees.--The officials and employees of the Authority
shall be deemed to be public servants within the meaning of Section 21 of the
Pakistan Penal Code 1860 (XLV of 1860).
14. Delegation.--The Authority may, by general or special
order, delegate to the Director-General, a Directorate, a Government Agency, a
member or an officer of the Authority, any of its powers, duties or functions
under the Act, or the rules or the regulations subject to such conditions as it
may deem fit to impose.
CHAPTER
IV
CONSERVATION,
PLANNING, DEVELOPMENT, MANAGEMENT AND REGULATION OF WALLED CITY
15. Master conservation and re-development plan
for Walled City.--(1) The Authority
shall, in consultation with the Heritage Conservation Board, in such form and
in such manner as may be prescribed, prepare a master conservation and re-development
plan for purposes of the Act, and the Authority shall implement and execute the
same, after the approval of the Government.
(2) The
master conservation and re-development plan shall not be detrimental to--
(i) the
territorial integrity of the
(ii) the
heritage of the
(iii) the
character and special place qualities of distinct places and neighborhoods, as
determined by the Heritage Conservation Board;
(iv) neighborhood
hierarchy;
(v) quality
of architectural assets;
(vi) places
of historic significance;
(vii) historic
open spaces; and
(viii) intangible
heritage.
(3) Subject
to sub-section (2), the master conservation and re-development plan shall
include--
(i) a
land use and zoning plan;
(ii) a
plan for conservation of heritage of
(iii) a
plan for development, improvement and maintenance of municipal services;
(iv) a
plan for development, improvement and maintenance of public passages, urban
open spaces, public areas; and
(v) a
plan for development of enterprise and economic activities.
16. Preparation of schemes.--(1) The Authority shall, in such form and in
such manner as may be prescribed, prepare schemes for purposes of the Act, and
execute or have them executed in the prescribed manner.
(2) No
scheme shall be prepared and implemented or executed by any person or Government
Agency within the
17. Power to prepare and enforce building and
zoning regulations.--(1) The
Authority shall prepare and enforce such building and zoning regulations as
shall be necessary for regulating land use, zoning, building heights and
densities, the construction and use of new buildings, the architectural
character of buildings, the appearance and style of urban amenities, municipal
signage, signage used on public and private properties, and for regulating
building alteration and demolition.
(2) The
regulations, described in sub-section (1), shall supersede all other zoning and
building regulations and other related regulations that may be currently in
force in the
18. Power to give directions.--The Authority may require a Government
Agency, within whose jurisdiction any particular aspect of a scheme lies—
(i) to
execute a scheme in collaboration or consultation with the Authority;
(ii) to
takeover and maintain any of the works and services in the
(iii) to
provide any amenity which in the opinion of the Authority ought to be provided;
and
(iv) to
enforce regulations on behalf of the Authority.
19. Power to execute any scheme.--Where the Authority is satisfied that any
direction given by it under Section 18 with regard to any scheme, has not been
carried out by the Government Agency, the Authority may itself undertake any
works for the execution of that scheme and the cost thereof shall be borne by
the Government Agency and in the event of disagreement, as may be determined by
the Government.
20. Master conservation and re-development
plan and schemes for public purpose.--The master conservation and re-development plan and a scheme prepared under
the Act, shall be deemed to be for a public purpose.
21. Schemes.--A scheme mentioned in Section 16 may include
the following or a combination of the following:--
(i) a
general planning and development scheme;
(ii) an
area conservation scheme;
(iii) a
scheme for the conservation of a building or a group of buildings;
(iv) a
re-building or housing reconstruction scheme;
(v) a
tourism development scheme;
(vi) an
infrastructure development or improvement scheme;
(vii) a
scheme to promote cultural and sport activities and festivals;
(viii) a
scheme to promote the visual and temporal arts;
(ix) a
scheme to promote and revitalize crafts;
(x) a
scheme for the improvements of traffic and transportation, whether motorized,
non-motorized or pedestrian transport scheme;
(xi) a
social sector development scheme including health or education;
(xii) a
resettlement scheme; and
(xiii) any
other scheme incidental to the purposes of the Act.
22.
Schemes to follow master conservation and re-development plan.—The Authority shall prepare and approve a
scheme or take a development control decision in accordance with the master
conservation and re-development plan.
CHAPTER
V
HERITAGE PROPERTIES AND ZONES OF SPECIAL VALUE
23. Declaration of heritage properties.--(1) The Authority may, in consultation with
the Heritage Conservation Board, for purposes of conservation of heritage and
by notification in the official Gazette, declare a building, structure, land,
building fabric, urban open space or work in the Walled City of heritage value
as heritage property in such manner as may be prescribed.
(2) The
Authority shall serve a notice in the prescribed form on every owner or
occupant of a building, group of buildings, structure, land, building fabric,
urban open space or work under sub-section (1), as the case may be, stating
that such building, structure, land, building fabric, urban open space or work
has been declared as heritage property.
(3) The
Authority shall establish and maintain a register of heritage properties declared
under sub-section (1) in such manner as may be prescribed.
24. Zones of special value.--(1) The Authority may, in consultation with
the Heritage Conservation Board, designate any area of special architectural or
historic interest or appearance which it is desirable to preserve, enhance or
develop, as a zone of special value, in such manner as may be prescribed.
(2) All
buildings, lands, urban open spaces or public passages, falling within the territorial
limits of a zone of special value designated under sub-section (1), shall be subject
to such regulations as may be framed by the Authority.
(3) The
Authority shall, in consultation with the Heritage Conservation Board, prepare
schemes for each zone of special value and such schemes shall contain such planned
programmes.
(4) The
scheme under sub-section (3) shall be included in the master conservation and
re-development plan.
25.
Conservation of heritage property.--(1) For purposes of conservation of a
heritage property, the Authority may, by an order in writing, direct the owner
or occupant of such property, to take such measures for conservation of the
heritage property, and within such time and on such terms and conditions as may
be specified in the order.
(2) If
the owner or the occupier fails to take the measures specified in the order under
sub-section (1), the Authority may take such measures for conservation as it
may deem necessary at its own cost and shall be entitled to recover the same
from the owner or occupant as arrears of land revenue.
(3) The
owner or occupant of a heritage property shall provide necessary access, assistance
and support and cooperate with the Authority and its employees in carrying out
purposes of the Act.
(4) If
in the opinion of the Authority, the requisite conservation cannot be carried
out while the owner or occupant is in active use of heritage property, the
Authority may temporarily acquire under agreement such heritage property for a
specified period with due compensation to the owner or occupant of a heritage
property in such manner as may be prescribed.
26. Prohibition against alteration in
heritage property.--No
person shall execute or cause to be executed any work for alteration in a
heritage property in any manner whatsoever without prior approval of the
Authority in such manner as may be prescribed.
27. Grant or loan for conservation of a
heritage property.--The
Authority may provide grant or loan for conservation of a heritage property on
the terms and conditions as may be prescribed.
CHAPTER
VI
BUILDING AND LAND USE CONTROL
28. Sanction of buildings.--(1) No person shall erect or re-erect a
building or commence to erect or re-erect a building except with the previous
sanction of the Authority in the prescribed manner.
(2) For
purposes of the Act, a person shall be deemed to erect or re-erect a building who--
(i) makes
any alteration or enlargement of any building;
(ii) converts
into a place for human habitation any building not originally constructed for
that purpose;
(iii) converts
a building or structure or land prescribed for one particular use or into
another use; and
(iv) makes
any alteration which there is reason to believe is likely to affect prejudicially
the stability or safety of any building.
(3) The
Authority may, for reasons to be recorded in writing, either refuse to sanction
the erection or re-erection, as the case may be, of the building, or may
sanction the same on such terms and condition as it may specify.
29. Prohibition of demolition and destruction
of buildings or structures.—No
building or structure, located within the Walled City, shall be demolished,
damaged, destroyed or removed by any person in any manner whatsoever, except
with the previous sanction of the Authority in the prescribed manner.
30. Removal of encroachments.--(1) No person shall make an encroachment on
any building, public utility building, public place or any property vested in
the Authority.
(2) The
Authority may, after such notice as may be considered reasonable, remove such
encroachment with such force as may be necessary.
31. Summary ejectment of unauthorized occupants.--(1) The Authority may, for purposes of the
Act, summarily eject any person in unauthorized occupation of any private
building, public utility building, public place or any property vested in the
Authority, and may for the purpose use such force as may be necessary.
(2) No
action under this section shall be taken without providing an opportunity of
being heard to the person to be affected thereby.
32. Removal of building, etc. erected or used
in contravention of the Act.--(1)
If any building or structure is erected, constructed or used in contravention
of the provisions of the Act, the rules or the regulations, the Authority may,
by order in writing, require the owner, occupant, user or person in control of
such building or structure to remove, demolish or alter the building, structure
or to use it in such manner so as to bring such erection, construction or use
in accordance with the provisions of the Act.
(2) If
an order under sub-section (1) in respect of any building or structure is not
complied with within such time as may be specified therein, the Authority may,
after giving the person affected by the order an opportunity of being heard,
remove, demolish or alter the building or structure, or stop the use of the
same 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 or structure.
CHAPTER
VII
TRADE AND OCCUPATIONS
33. Restriction on trade, calling or
occupation.--Subject to
sub-section (2) of Section 36, no person shall carry on any trade, calling or
occupation in the
CHAPTER
VIII
TEMPORARY AND PERMANENT ACQUISITIONS
34. Liability to acquisition.--Notwithstanding anything to the contrary
contained in the Land Acquisition Act, 1894 (Act, I of 1894), all land within
the
35. Temporary acquisition under agreement.--The Authority may acquire any building or
land on temporary basis under agreement for purposes of the Act, in such manner
as may be prescribed.
CHAPTER
IX
REGISTRATION OF OWNERS AND OCCUPANTS AND REGULATION OF TRANSFER OF PROPERTY
36. Registration of owners and occupants of
buildings.--(1) The
Authority shall maintain a record of owners and occupants of the buildings or
immovable property located in the
(2) The
Authority shall notify at the time of the commencement of the Act, a date by
which all owners and occupants of buildings or immovable property shall get
themselves registered with the Authority.
37. Regulation of transfer of property.--The Authority shall regulate the transfer of property
in the
CHAPTER
X
REPRESENTATION OF INHABITANTS AND BUSINESS COMMUNITY
38. Citizen Community Council.--(1) For purposes of achieving the objective
of the Act, and for its effective implementation, the Authority shall set-up a
Citizen Community Council for the
(2) The
Authority shall nominate four members of the Citizen Community Council from
amongst the elected representatives of the Local Governments of the area of the
(3) The
Director General shall be the Chairperson of the Citizen Community Council.
(4) The
Citizen Community Council shall act for--
(i) mobilization
of stakeholders for community involvement for conservation of heritage;
(ii) identification
of development and municipal needs of the inhabitants; and
(iii) recommendation
of proposals for preparation of any scheme to the Authority for civic up-lift
of infrastructure and conservation of heritage of the
39. Trade and Business Council.--(1) The Authority shall set-up a Trade and
Business Council for the
(2) The
Trade and Business Council shall act as coordinator between traders or businessmen
of the
(3) Trade
and Business Council shall consist of four elected representatives of the traders
and businessmen of the
(4) The
Director General shall be the Chairperson of the Trade and Business Council.
CHAPTER XI
FINANCE, TAXATION, ACCOUNTS & AUDIT
40.
Fund of the Authority.--(1) The Government shall establish a fund of
the Authority to be known as the Walled City Fund which shall vest in the
Authority.
(2) The
Authority shall maintain the Fund in the prescribed manner.
(3) The
Fund shall comprise--
(i) grants
received from the Government through budgetary allocations;
(ii) grants
received from the Government for master conservation plan or scheme;
(iii) money
received from the Federal Government or any international organization by way
of grant, loan, advance or others;
(iv) money
received from the disposal of movable and immovable property of the Authority;
(v) fee,
tax, rate, charge, rent or fine received by the Authority; and
(vi) any
other money received by the Authority.
41.
Power to borrow money.--The Authority may, with the prior approval of
the Government, borrow money for--
(i) execution
of a work authorized under the Act;
(ii) payment
of compensation for the land or property acquired for purposes of the Act;
(iii) payment
of loan raised under the Act; or
(iv) any
other purpose under the Act.
42. Audit.--(1) In addition to the pre-audit by the Government Auditors, the
Authority shall appoint or hire services of a Chartered Accountant or a firm of
Chartered Accountants for purposes of annual audit of its accounts.
(2) The
Director General shall, within six months of the close of a financial year,
submit the annual statement of accounts along with the report of the auditor to
the Authority.
43. Recovery of dues.--A sum due to the Authority shall be
recoverable as arrears of land revenue.
44. Levy of taxes, fees, charges, cesses and
rates by Authority.--The Authority
may, in a fair and equitable manner, levy taxes, cesses, fees, rates, rents,
tolls, charge, and levies on following subjects:--
(i) taxes
and fee on transfer of property;
(ii) maintenance
and updating various records by the Authority;
(iii) fee
for various utility services including but not limited to water supply, sewerage,
waste disposal;
(iv) fee
for grant of various licenses and permits;
(v) toll
on roads maintained by the Authority;
(vi) fee
for entertainment, amusement or sports events;
(vii) market
fees and shop taxes;
(viii) fee
on outdoor advertisements;
(ix) fee
for sanction of erection or re-erection of buildings;
(x) development
charges; and
(xi) land
use conversion charges.
CHAPTER
XII
OFFENCES, PENALTIES AND COGNIZANCE
45. Offences and penalties.--(1) A person who willfully causes damage, or
allows damage to be caused to any heritage property in a zone of special value
shall be punishable with imprisonment which may extend to one year or with fine
which may extend to one million rupees or with both.
(2) A
person who makes any alteration, or allows alteration to be made in a heritage property
or a property situated in a zone of special value in violation of Section 24,
shall be punishable with imprisonment which may extend to six months or with
fine which may extend to one hundred thousand rupees or with both.
(3) A
person who erects any unauthorized construction after coming into force of the Act,
shall be punishable with imprisonment for a term which may extend to six months
or with fine which may extend to one million rupees or with both.
(4) A
person who demolishes any building or part thereof, in violation of Section 28 shall
be punishable with imprisonment for a term which may extend to six months or with
fine which may extend to one million rupees or with both.
(5) A
person who makes any encroachment shall, in addition to payment of cost of removal
of encroachment to Authority, shall be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to five hundred thousand
rupees or with both.
(6) A
person who conducts any business, commercial, industrial or other profit earning
activity without the requisite permission or license under the Act, shall be punishable
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.
(7) A
person who obstructs any person who is acting on behalf of the Authority for the
removal of an unauthorized building or encroachment shall be punished with imprisonment
which may extend to thirty days or with fine which may extend to one hundred
thousand rupees or with both.
(8) A
person who, without any lawful cause, refuses or willfully neglects to provide
to any authorized officer of the Authority with the means necessary for
entering into any premises for purposes of collecting any information or making
an examination or enquiry for purposes of the Act, shall be punishable with
imprisonment which may extend to thirty days or with fine which may extend to
one hundred thousand rupees or with both.
(9) A
person who contravenes any provision of the Act, rules or regulations, shall,
if no other penalty is provided for such contravention, be punished with
imprisonment for a term which may extend to one month or with fine which may
extend to five hundred thousand rupees or with both.
(10) A
person who attempts to commit or abets the commission of an offence punishable
under the Act, shall be deemed to have committed that offence.
46. Cognizance of offences under the Act.--(1) A Court shall take cognizance of an
offence under the Act, on a complaint made in writing by an officer authorized
for the purpose by the Authority, in accordance with the provisions of Section
200 of the Code of Criminal Procedure, 1898 (V of 1898).
(2) The
competent authority may designate one Special Judicial Magistrate to try offences
under the Act.
(3) The
offences under the Act, shall be tried in a summary manner in accordance with
the provisions of sections 260 to 265 of the Code of Criminal Procedure 1898 (V
of 1898), except sub-section (2) of Section 262 thereof.
CHAPTER
XIII
GENERAL
47.
Appeal.--(1) A person aggrieved by any decision or
order of the Authority on the ground that it is contrary to the provisions of
the Act, may, within thirty days of the receipt of such decision or order,
appeal to the Lahore High Court in the manner prescribed by the said Court for
filing the first appeal and the Lahore High Court shall decide such appeal
within ninety days.
(2) A
person aggrieved by any decision or order of any officer of the Authority
acting under the delegated powers of the Authority may, within thirty days of
the receipt of the decision or order, appeal to the Authority in the prescribed
manner and the Authority shall decide such appeal within thirty days.
48. Entry and survey.--A person authorized by the Authority may, in
the prescribed manner and with due regard to the privacy, enter and survey any
premises in the
49. Power to make rules.--The Government may, by notification in the
official Gazette, make rules for giving effect to the provisions of the Act.
50. Power to frame regulations.--Subject to the Act, and the rules, the
Authority may, with the previous approval of the Government, frame regulations
for matters not provided for in the rules and for which provision is necessary
or expedient for carrying out the purposes of the Act.
51. Act, to have overriding effect.--The provisions of the Act, shall have effect
notwithstanding anything to the contrary contained in any other law.
52.
Jurisdiction of courts barred.--Save as otherwise provided by the Act, no Court
or other Authority shall have jurisdiction to question the legality of anything
done or any action taken under the Act, by or at the instance of the Authority.
53. Removal of difficulties.--The Government may, by order not being
inconsistent with the Act, provide for the removal of any difficulty which may
arise in giving effect to the provisions of the Act.
54.
Immunity.--No suit, prosecution or any other legal
proceedings shall lie against the Authority, the Director General, any member,
officer, servant, expert or consultant of the Authority in respect of anything
done or intended to be done in good faith under the Act.
55. Enforcement measures.--The Authority may issue directions for
effective enforcement of the provisions of the Act, the rules or the
regulations.
56. Administrative transition.--On coming into force of the Act, a Government
Agency shall continue to perform its function in the
57. Annual report.--(1) The Director General shall, within three
months of the end of a financial year, submit annual performance report to the
Authority enumerating all the activities, developmental initiatives undertaken
and targets achieved during the previous financial year for the betterment of
the Walled City.
(2) The
Authority shall publish the report for public information and submit the same
to the Government which shall lay the report in the Provincial Assembly of the
SCHEDULE
See Section
2(xli)
The areas of Walled City--
1. Walled
City, comprising Union Councils 27, 28, 29 and 30
2. The
Minto Park and
---------------------------
ACT XXXVII
OF 2012
An
Act to amend the
[Gazette
of
No.PAP-Legis-2(113)/2011/579.--The Punjab Government Servants Housing
Foundation (Amendment) Bill 2011, originally passed by the Provincial Assembly
of the Punjab on the 8th day of March 2012, was sent to the Governor of the Punjab
for assent. The Governor returned the Bill for reconsideration by the Assembly.
The Provincial Assembly of the
Preamble.--Whereas it is expedient to amend the Punjab
Government Servants Housing Foundation Act, 2004 (X of 2004) for purposes
hereinafter appearing;
It is enacted as follows:-
1. Short title and commencement.--(1) This Act, may be cited as the
(2) It
shall come into force at once.
2. Amendment in Section 17 of Act, X of
2004.--In the Punjab
Government Servants Housing Foundation Act, 2004 (X of 2004), in Section 17,
for sub-section (4), the following shall be substituted:--
"(4) All
payments made by a member shall be updated annually."
-------------------------s