THE PUNJAB
CENTRAL BUSINESS DISTRICT DEVELOPMENT AUTHORITY ACT 2021
(Act VI of 2021)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. [Omitted].
4. Establishment of the Authority.
5. The Board.
6. Disqualifications of members.
7. Powers and Functions of the Authority.
8. Meetings.
9. Chairman of the Board.
10. Chief Executive Officer.
11. Delegation.
12. Appointment of employees.
13. Termination from service.
14. Liability for loss.
15. Committees.
16. Preparation of schemes and projects etc.
17. Establishment of housing schemes, projects
etc.
18. Land use.
19.
Control of Master Plan.
20. Power to give directions.
21. Power to execute schemes.
22. [Omitted].
23. Transfer of functions.
24. Controlled area.
25. Powers to remove sources of pollution.
26.
Beautification and horticulture.
27. Borrowing money.
28. Power to levy betterment fee.
29. Assessment of betterment fee.
30. Liability to acquisition.
31. Acquisition of land.
32.
Use of public and private land.
33. Purchase, lease or exchange of property.
34.
Joint ventures and outsourcing.
35. Fund.
36. Rates and fees.
37. Fees on tube-wells.
38. Recovery of dues.
39. Conversion of property to a different use.
40. Ejectment of unauthorized occupants.
41. Removal of buildings.
42. Accounts.
43. Budget.
44.
Audit.
45.
Annual report.
46. Members, officers and employees to be public
servants.
47. Immunity.
48. Jurisdiction of courts barred.
49. Overriding effect.
50. Amendment of Schedule.
51. Removal of difficulties.
52. Power to make rules.
53. Power to frame regulations.
54. Municipal and local government functions.
55. Penalty.
56. Offences and cognizance.
57. Repeal.
SCHEDULE
[1]THE PUNJAB CENTRAL BUSINESS DISTRICT
DEVELOPMENT AUTHORITY ACT 2021
ACT VI OF 2021
[17th May 2021]
An Act to establish [2][Punjab] Central Business District Development
Authority.
It is necessary to make
provisions for establishment of [3][Punjab] Central
Business District Development Authority for development, promotion and
regulation of the state-of-the-art vertical construction in the area [4][of the Authority] both for residential and commercial purposes while
maintaining highest environmental standards, quality of life and modern
facilities so as to develop a healthy and prosperous business community in the
Area.
Be it enacted by Provincial Assembly of the Punjab as
follows:
1. Short title, extent and commencement.– (1) This
Act may be cited as the [5][Punjab] Central Business District Development Authority Act 2021.
[6][(2) This Act extends to Walton Airport Area Lahore including its surrounding
areas and such other areas, cities, urban centres and
towns as the Government may, by notification in the official Gazette, specify.]
(3) It shall come into force at once.
2. Definitions.– In this Act:
(a) “Agency” means an Agency established by
the Authority to perform one or more of its functions under this Act;
[7][(b) “Area” means the area of the Authority as specified in the FIRST
SCHEDULE;]
(c) “Authority” means [8][Punjab] Central
Business District Development Authority constituted under section 4 of this
Act;
(d) “Board” means the Board of the Authority
established under section 5 of this Act;
(e) “CEO” means Chief Executive Officer of
the Authority appointed under section 10 of this Act;
(f) “Chairman” means the Chairman of the
Board;
(g) “Collector” means Land Acquisition
Collector under the Land Acquisition Act, 1894 (I of 1894);
(h) “compensation” means the compensation
given under this Act;
(i) “concession” means the grant by the
Authority of any of its rights, privileges or functions to a person in
consideration of the investment made or arranged by such person at the instance
of the Authority on any development project;
(j) “conversion” means any change in use of
land or property from the one originally provided in an approved scheme or the
Master Plan;
(k) “Director General” means the principal
executive of an Agency;
(l) “District Collector” means Collector of
the District under the Punjab Land Revenue Act, 1967 (XVII of 1967);
(m) “fee” means an amount levied by the
Authority on the land, area, scheme or property on account of any privilege,
benefit, services, transfer of rights and interests, issuance of a license or
permission or any cost and includes charges for provision of water supply,
construction, maintenance and network of roads, drainage, sewerage and other
services;
(n) “finance” shall have the same meanings
as assigned thereto in the Financial Institution (Recovery of Finances)
Ordinance 2001;
(o) “financial institutions” shall have the
same meanings as assigned thereto in the Financial (Recovery of Finances)
Ordinance 2001;
(p) “Fund” means the [9][Punjab] Central
Business District Development Authority Fund created under this Act;
(q) “Government” means Government of the
Punjab;
(r) “Government agency” includes–
(i) a Department, Bureau, section,
commission, board, office, or unit of the Government;
(ii) a local government; and
(iii) a developmental or any other public
authority, company or corporation owned or controlled by the Government or a
local government;
(s) “housing scheme” means a scheme which
provides for multi-story residential sites, houses or apartments including
ancillary land in the Area such as:
(i) high rise building and other facilities
for health, education, commercial, recreation, sports, culture, transportation,
communication and shopping;
(ii) environmental improvement; and
(iii) utility services such as water supply,
drainage, sewerage, sanitation, electricity, fuel and other related services;
(t) “joint venture” means entering into an
agreement as partner;
(u) “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;
[10][(v) “local government” means a
local government as defined in the relevant law on local governments for the
time being in force;]
(w) “Master Plan” means the independent
master plan of the Area notified and prepared in the traditional method for
presenting a set of land usage, allocation and control measures in the form of
a map or in graphical form and is supported by written statement of goals and
objectives, strategy, financial implications and policies for planning and
development for an area and includes a structure plan, an outline development
plan, a spatial plan, peri-urban structure plan;
[11][(x) “member” means a member of
the Board and includes an ex officio member or his nominee;]
(y) “person” includes an individual,
company, firm, institution, Government agency, co-operative society or
association of individuals whether incorporated or not;
(z) “person interested” includes a person
claiming an interest in the compensation to be made on account of the
acquisition of land under the Act;
(aa) “prescribed” means prescribed by the rules
or the regulations made or framed under this Act;
(bb) “regulations” means the regulations framed
under this Act;
(cc) “rules” means the rules made under this
Act;
(dd) “Schedule” means [12][a] schedule appended
to this Act;
(ee) “scheme” means a project approved for
urban development, redevelopment or renewal and includes larger area plan,
areas specified and notified for specific use, traffic control plans,
classification and reclassification plans, housing scheme or zoning scheme in
the Area; or infrastructure and services including transportation systems and
road networks, healthcare facilities, recreational facilities, parks and theme
parks, educational facilities, cultural facilities, communication and civic
facilities, water supply and drainage systems, sewerage and sanitation, energy
generation, procurement, transmissions and distribution systems including for
electric powers, through any energy source, and gas (LNG, LPG, etc) or industrial estates and all systems and facilities
or works ancillary thereto, planned, made, undertaken and or supervised and or
approved by the Authority under this Act;
(ff) “service area” means an area to be
notified as such by the Authority and in which an Agency provides services;
(gg) “sponsor” means the sponsor or developer
of a commercial or housing scheme and, in case of any liability or offence
includes the chief executive, director or any other individual in charge of the
scheme on behalf of sponsor entity; and
(hh) “toll” means a charge levied and collected
for the use of a road, bridge, flyover, underpass or similar other facility.
[13][3. * * * * *
* * * * * * * * * * * * * * * * * *]
4. Establishment of the Authority.– (1) As soon as,
after promulgation of the Lahore
Central Business District Development Authority Ordinance 2021 (IV of 2021), the Government shall,
by notification in the official Gazette, establish an Authority to be called as
the [14][Punjab] Central
Business District 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, carry on
development in the Area, and may, by the said name, sue and be sued.
(3) The Government shall review the
performance of the Authority and may, from time to time, give general policy
directions to implement such directions.
[15][5. The
Board.– (1) There shall be a Board of the Authority consisting of the
following:
(a) Chairman;
(b) three
ex officio members not below the rank of Secretaries to the Government
to be nominated by the Government;
(c) two
non-official members to be nominated by the Government for a period of three
years;
(d) two
technical expert members to be appointed by the Government for a period of
three years with following criteria:
(i) one expert in fields of
engineering or business with at least fifteen years post-qualification
experience in the relevant field; and
(ii) one expert in the
fields of Urban Planning, Architecture or smart cities with minimum of fifteen
years post qualification experience in the relevant field; and
(e) the CEO as member/secretary.
(2) The Board shall exercise all powers,
perform all functions and do all acts which may be exercised, performed or done
by the Authority.
(3) In case of a casual vacancy, a member
other than the Chairman shall be nominated by the Government for the remaining
term of the outgoing member.
(4) Subject to subsection (4) of section 8,
no act or proceeding of the Board shall be invalid merely by reason of any
vacancy or defect in the constitution of the Board.]
6. Disqualifications of members.– (1) 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; or
(b) is or, at any time, has been adjudicated
insolvent; or
(c) is found to be a lunatic or of unsound
mind; or
(d) is a minor; or
(e) has a financial interest in any scheme
or a conflicting interest, directly or indirectly, between his interests as a
member and his private interests, and has failed to disclose such interest in
writing to the Authority.
(2) A member, other than an ex-officio
member, may resign from his office at any time under his hand addressed to the
Government and such resignation shall be effective from the date of acceptance
by the Government.
(3) The Government may remove the Chairman or
a member, other than an ex-officio member, subject to notice and opportunity of
hearing, during the term of office if such member is:
(a) disqualified to be a member; or
(b) absent from three consecutive meetings of
the Board without prior permission of the Chairman; or
(c) found
guilty of misconduct.
7. Powers and Functions
of the Authority.– (1) The Authority, may in the Area:
(a)
initiate
and maintain a continuous process of master planning, urban planning, spatial
planning;
(b)
update and
amend the Master Plan and take all steps and measures necessary for the
implementation and enforcement of the Master Plan;
(c)
prepare and
periodically revise land use and building regulations to implement the Master
Plan;
(d)
plan, amend
or change the land use as it deems necessary;
(e)
outsource
one or more of its functions for smooth functioning and implementation of
Master Plan, building control and infrastructure development;
(f)
plan, promote,
organize and implement programmes for vertical
construction, high rise buildings, development, operations, repairs,
rehabilitation, security and maintenance of all infrastructure;
(g)
develop, operate,
maintain and manage water supply, sewerage, drainage, wastewater treatment,
improvement of groundwater level and fix any tariff as it may deem necessary
and enter into any agreement with any other agency for such purposes;
(h)
prepare,
plan, design and implement comprehensive transportation plan;
(i)
plan,
design and implement traffic engineering and traffic management programs;
(j)
prepare,
plan and implement solid waste management plan;
(k)
maintain green areas
and aquaculture;
(l)
prepare asset
management schemes regarding the properties;
(m)
prepare, implement and
enforce schemes for environmental improvements, housing, urban renewal
including slum improvement and redevelopment, health and educational facilities
and preservation of objects or places of historical, archaeological,
scientific, cultural and recreational importance;
(n)
prepare annual
development programmes and ensure compliance of such programmes;
(o)
prepare the annual
budget of the Authority;
(p)
take any steps or adopt
any measures for the face lifting, beautification, greenery and horticulture;
(q)
acquire, dispose of property
both movable and immovable or any interest in the property;
(r)
sell, lease, exchange [16][, auction] or otherwise dispose
of or grant license or concessions in respect of any property vested in it;
(s)
raise funds through
borrowing, investments, leasing of assets or any other means with the approval
of the Government;
(t)
enter into
and perform such contracts with local and international organizations including
but not limited to join venture agreements, as may be necessary for carrying
out the purposes of the Act;
(u)
award contracts for
projects or schemes to be undertaken through public financing or through public
private partnership;
(v)
enter into partnership
with national and international development agencies, organizations or
companies or through joint ventures;
(w)
undertake any works and
incur any expenditure within service area;
(x)
procure machinery,
instruments or any other material;
(y)
levy, collect or cause
to be collected tolls on the use of the roads, bridges, flyovers, underpasses,
any infrastructure or such other facilities and grant concession in respect
thereof;
(z)
establish different
directorates, sectors and wings, and delegate such powers to the directorates,
sectors and wings as are necessary for the efficient and effective performance
of its functions under the Act;
(aa)
disseminate and create
awareness about the Authority;
(bb)
collaborate with the
Government, the local government or any other public or private sector agency
for improvement of services and environment;
(cc)
organize road shows or
seminars to attract national and international investors, consultants and
contractors for infrastructure, road development works and master planning;
(dd)
ensure enforcement of
this Act in collaboration with the Government and the local governments;
(ee)
seek advice and
assistance for the preparation of any scheme, or for the execution of any
scheme from the Government or any person or agency;
(ff)
support training
and workshops of its human resource at local and international level for
capacity building; and
(gg)
perform such other
functions as the Government may assign to the Authority to achieve the
objectives of this Act.
[17][(hh) prepare, launch and execute real estate
investment trusts;
(ii) determine
the terms and conditions of the Chairman;
(jj) develop models and mode of compensation
for acquisition or purchase of land including through bonds, debentures,
annuities, alternate land, developed sites or a combination of two or more of
such forms; and
(kk) issue guarantees and indemnities for the
purposes of this Act.]
(2) The Authority shall have all the powers
of a local government as defined in Punjab Local Government Act 2019 (XIII of
2019), and the municipal authority independently for the purpose of carrying
out any function under this Act in the Area.
8. Meetings.– [18][(1) Subject to the regulations, the Board shall meet at such place and
at such time as it may determine from time to time.]
(2) The
meetings of the Board shall be presided over by the Chairman.
[19][(3) In the absence of the
Chairman, members present at a meeting shall elect a member from amongst them
to preside over a meeting.
(4) Five members of the
total members of the Board, including the Chairman, present in person or
through video conference or tele-conference shall constitute the quorum for a
meeting of the Board.]
(5) Subject to the quorum, the decisions of
the Board shall be taken by majority of the members present and voting and in
the event of equality of votes the Chairman or his nominee shall have casting
vote:
provided that a coopted
member shall not have any right to vote.
(6) The Board shall meet at least once in
every calendar quarter and a meeting of the Board shall be held on such date
and at such time and place as the Chairman may determine.
[20][(7) The CEO shall act as
Secretary of the Board.
(8) The Secretary of the
Board shall maintain or cause to be maintained the record of each meeting of
the Board including the minutes of the meetings.
(9) The Chairman may co-opt
any person other than a member to attend a meeting of the Board for the purpose
of advising or assisting the Board on any agenda item taken up for
consideration at such meeting but a co-opted member shall not have right to
vote.]
9. Chairman of the Board.– The Chairman of the Board shall be appointed
by the Government on such terms and conditions as may be determined by the [21][Board].
10. Chief Executive Officer.– (1) The Government
shall appoint the CEO to serve as a member of the Board, who shall, subject to
the provisions of this Act, be responsible for the management, administration
and operations of the Authority.
(2) The CEO shall be a person of sound
integrity and competence with at least 15 years of relevant experience.
(3) The CEO shall be answerable to the Board
for all administrative, financial and technical matters of the Authority.
[22][(4) The CEO shall be appointed
for an extendable term of three years on such terms and conditions as may be
determined by the Board:
provided that the Board
shall review the performance of the CEO every year, and grant him such
increments and bonuses as may be approved in the annual budget of the Authority.
provided further that the CEO shall only be removed from service after
giving him a notice and right of hearing before the Government.
(5) The CEO may, at any time
before the expiry of his term and upon three months’ notice, resign his office.
(6) Subject to this Act and
general supervision and control of the Board, the CEO may exercise all powers
and perform all functions of the Authority and the Board.]
11. Delegation.– (1) The Board may
delegate its powers under this Act subject to such conditions as it may deem
fit.
[23][(2) The Board or the CEO may
establish, by special order, one or more Agencies.]
(3) The Director Generals of Agencies shall:
(a) be appointed by the CEO in consultation
with the Chairman on such terms and conditions as may be determined by the CEO;
(b) hold office for a period of three years
and shall be responsible for its administration and having such powers as may
be prescribed; and
(c) remain in office for three months expiry
of his term under clause (b) or until a successor in that office is appointed,
whichever is earlier.
(4) Nothing in this section shall preclude the
CEO from extending the term of office of the Director General of an Agency for
such period as he may determine.
(5) Notwithstanding anything contained in this
Act, the Director General of an Agency may, at any time before the expiry of
his term and upon three months’ notice, resign this office or, upon similar
notice, be removed by the Government without assigning any reason.
[24][12. Appointment
of employees.– (1) The Authority may appoint such employees
including advisors, experts and consultants as it considers necessary for the
efficient performance of its functions on such terms and conditions as may be
prescribed by the regulations:
provided that the Authority shall review the performance of its
employees every year, and may grant such increments and bonuses to them as may
be approved in the annual budget of the Authority.]
13. Termination from service.– Notwithstanding
anything contained in the terms and conditions of service, the Authority may,
at any time, remove any employee from service of the Authority or an Agency
after giving him one month notice and affording him an opportunity of being
heard.
14. Liability for loss.– Any person employed
by or serving under the Authority or an Agency or an agency acting on behalf of
the Authority or an agency or acting under a contract with the Authority or an
agency which is responsible for the loss, waste, misappropriation or
misapplication of any money or property belonging to the Authority or an
Agency, which is a direct consequence of his negligence or misconduct in the discharge
of his duties, shall be liable to pay the loss suffered by the Authority or
Agency as may be determined by the Authority after giving such person a
reasonable opportunity of being heard.
15. Committees.– The Board may
constitute such number of financial, technical and advisory committees or other
Committees as it may deem 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 Board.
[25][16. Preparation
of schemes and projects etc.– (1) subject to the provisions of this Act,
the Authority shall prepare projects for the area or any part thereof.
(2) Any planning or development scheme in
the area of the Authority may be carried out only with the concurrence of the
Authority.]
17. Establishment of housing schemes,
projects etc.– (1) The Authority may
prepare, establish and develop housing and any other schemes, buildings,
infrastructure, services, commercial, semi-commercial projects or sites in the
Area and for the purpose it may enter into an agreement including Joint Venture
Agreement with any [26][private person, government, governmental agency, entity or corporation
on revenue sharing basis].
(2) A scheme under subsection (1) shall be
approved in the manner prescribed for the preparation of a scheme under this Act.
18. Land use.– (1) The Authority
may, at any time, modify a scheme prepared under this Act by way of change of
land use through classification, reclassification, settlements or resettlements
or redevelopment in the Area in such manner as may be prescribed by the
regulations.
(2) The Authority shall, in such manner as may
be prescribed by the regulation, exercise land use control and perform
multi-storied commercial and housing functions.
(3) In case any person contravenes any of the provisions
of this section, he shall be punished with imprisonment for a term which may
extend to three years or with fine which may extend to five hundred thousand
rupees or with both.
19. Control of Master Plan.– [27][(1) The Authority may make, maintain, amend, manage, enforce and keep in
its custody a Master Plan or Master Plans if devised for the Area in different
cities, towns and urban centres.]
(2) The Authority shall, in the prescribed
manner, exercise land use control and perform housing functions in the Area
without having any interference from any other authority or local government or
Government Agency.
(3) Notwithstanding anything contained in any
other law, a person shall be bound to adhere to the Master Plan, rules and
regulations for land use control and housing functions as given under
subsections (1) and (2).
(4) If
any person contravenes any of the provisions of this section, the Authority may
direct that till the time the contravention continues–
(a) transfer of any immovable property of
such person shall be prohibited;
(b) the District Collector shall impose a ban
on the issuance of Fard Malkiat,
registration of any document or attestation of mutation in favour of the said
person; and
(c) a local government, an Agency or a Government agency shall stop or discontinue
the provision of municipal services to such person.
(5) Notwithstanding, anything contained in
any other law for the time being in force, the Master Plan shall be considered
as an independent Master Plan and shall have no nexus whatsoever with the
integrated master plans of any other Authority, agency or local government.
20. Power to give directions.– (1) The Authority
may require a Government agency, within whose jurisdiction any particular
locality or aspect of development covered by a scheme lies–
(a) to execute a scheme in consultation with
the Authority;
(b) to take over and maintain any of the
works and services in that area;
(c) to provide any amenity in relation to
the land which in the opinion of the Authority ought to be provided; and
(d) to enforce regulations on behalf of the
Authority.
(2) The expenditure incurred on the execution
of any scheme or on the taking over or maintenance of any work, or the
enforcement of regulation, under this section, shall be borne as may be agreed
to between the Authority and the Government agency and in the event of any
disagreement, as may be determined by the Government.
21. Power to execute schemes.– (1) Where the
Authority is satisfied that any direction given by it under section 20 with
regard to any scheme, has not been carried out by the Government agency, the
Authority may, itself, undertake any work for the execution of that scheme and
the cost thereof shall be borne as may be agreed between the Authority and the
Government agency, and, in the event of disagreement, as may be determined by
the CEO.
(2) Where any work is undertaken by the
Authority under subsection (1), it shall be deemed to have, for the purposes of
execution of such work, all the powers which may be exercised under any law for
the time being in force, by the Government agency concerned.
[28][22. * * * * *
* * * * * * * * * * * * * * * * * *]
23. Transfer of functions.– Where the Authority
ceases to perform a function and another Government agency or organization
assumes that function, the Government by notification in the official Gazette
may direct:
(a) that the employees of the Authority
connected with that function shall become servants of the Government agency or
organization on such terms and conditions as the Government agency or
organization may determine, subject to the condition that such terms and
conditions are not less favorable than those admissible to such employees as
employees of the Authority; and
(b) that such part of the Fund of the
Authority as the Government may determine, shall stand transferred to such
Government agency or organization.
24. Controlled area.– (1) The Authority
may, by notification in the official Gazette, declare any locality within the
Area to be a controlled area for purposes of this Act and may issue in respect
of such controlled area such directions as it considers fit and appropriate and
do all such things as may be necessary for the prevention of haphazard growth,
encroachments and unauthorized constructions in such area.
(2) The Authority may, by notification in
the official Gazette, notify any controlled area to be no longer such area.
(3) The Authority may, by notification in the
official Gazette, entrust any of its functions in any locality within the Area,
to any duly appointed agent or any Government agency.
(4) For purposes of subsection (3), the
Authority may enter into an agreement with a person or any entity on such terms
and conditions as may be mutually agreed including joint venture agreement [29][* * * * *].
25. Powers to remove sources of pollution.– (1) The Authority
shall have powers to take steps for improvement of the environment of the Area,
and to check, replace, eliminate, remove, demolish, conserve, resettle or
relocate the sources of environmental pollution such as milch cattle, horses or
other animals, tongas, vehicular exhaust, industrial
waste, solid waste, congestion, blight and slums and other such pollutants.
(2) The person affected by any action of the
Authority under subsection (1) shall be paid such compensation as may be
determined under this Act.
26. Beautification and horticulture.– (1) The Authority
shall also undertake beautification including but not limited to greenery, tree
plantation, horticulture services, green belts, parks of the area or part
thereof, in any manner as it deems fit.
(2) Notwithstanding
anything contained in the Parks and Horticulture Authority Act 2012 (XLVII of
2012) or rules made thereunder, this Act shall govern the matters of any
undertaking, work or scheme relating to the beautification or horticulture in
the Area.
27. Borrowing money.– (1) The Authority
shall be deemed to be a ‘Local Authority’ for the purpose of borrowing money
and any scheme or project prepared or undertaken by the Authority shall be
deemed to be “work” as defined in section 2 of the Local Authorities Loans
Ordinance, 1914 (IX of 1914).
(2) The Authority may,
in consultation with its financial advisors, borrow money from the financial
institutions or raise funds or finances by issuing bonds or debentures for
carrying out the purposes of this Act, at such rate of interest as may be
approved by the Authority.
(3) The Authority shall
have powers to arrange foreign direct investments on any of its schemes,
projects or undertakings.
28. Power to levy betterment fee.– Where, as a
consequence of any scheme having been executed by the Authority, the value of
any property in that locality, in the opinion of the Authority, has increased
or is likely to be increased, the Authority may levy fee upon the owner of the
property or any person having an interest therein such betterment fee in
respect of the increase in value of the property resulting from the execution
of the scheme as may be assessed by the Authority in such manner as may be
prescribed by the regulations.
29. Assessment of betterment fee.– (1) When it appears
to the Authority that any particular development scheme is sufficiently
advanced to enable the amount of the betterment fee to be determined, the
Authority may, by an order made in this behalf, declare that for the purpose of
determining the betterment fee, the execution of the scheme shall be deemed to
have been completed and shall thereupon give notice in writing to the owner of
the property, or any person having an interest therein that the Authority
proposes to assess the amount of the betterment fee in respect of the property.
(2) The betterment fee under subsection (1)
shall be assessed and be payable, in such manner as may be prescribed.
30. Liability to
acquisition.– (1) Notwithstanding anything contained in the Land
Acquisition Act, 1894 (I of 1894), or in any other law for the time being in
force, any land within the Area shall be liable to acquisition at any time in
accordance with the provisions of this Act.
(2) The Authority may acquire or purchase in a
transparent manner any immovable property or land for any public purpose including
development of housing, commercial purposes or any other scheme, urban renewal,
redevelopment, environmental improvement or removal of source of pollution or
traffic congestion.
[30][31. Acquisition
of land.– Subject to the provisions of this Act and the
regulations, the Authority may acquire an immovable property in the following
modes:
(a) under
the Land Acquisition Act, 1894 (I of 1894) and such acquisitions shall be deemed to be for public purpose;
(b) through
a contract of purchase, lease, exchange and through the Authority land procurement models as may be approved
by the Board; and
(c) by
way of transfer, lease or grant from the Government or the Federal Government.]
[31][32. Use
of public and private land.– Notwithstanding the provisions of any other law and subject to this
Act, the Authority may, with consent of respective Government or any person and
on such mutually agreed terms and conditions, use any state or private land
belonging to the Federal, Provincial Government or any private person for the
purpose of any scheme, project or phase of master plan on profit or revenue
sharing basis within the Area.]
33. Purchase, lease or
exchange of property.–
The Authority may, by negotiations [32][* * * *], purchase,
lease or exchange any land or building or any other property by entering into
any agreement with the owner of the property or a person competent to sell,
lease out or exchange such property or enter into joint venture for the
development of any site, project, building and scheme.
[33][34. Joint
ventures and outsourcing.– (1) Notwithstanding the provisions contained in the Punjab Public
Private Partnership Act 2019 (XXX of 2019) and the Punjab Procurement
Regulatory Authority Act, 2009 (VIII of 2009), and subject to such terms and conditions
as may be prescribed by the regulations and until so prescribed as may be
approved by the Board, for performance of its functions under this Act, the
Authority may:
(a) enter
into any joint venture agreement with any Government agency or organization,
any local or foreign company to manage, sale, develop, maintain, build and
transfer any land, plot, estate or property in the area including that vested
in or owned by the Authority; and
(b) outsource
any of its activities including development works through any mode including
public private partnership.
(2) The Joint Venture Agreements or public
private partnership Agreements under subsection (1) may be executed by the CEO
or any other employee of the Authority as may be authorized by the Board.
(3) Notwithstanding anything contained in the
Punjab Procurement Regulatory Authority Act, 2009 (VIII of 2009), any rules and
regulations made thereunder, the Authority may, by the regulations, prescribe
methods and procedures for undertaking public procurements under this Act and
such prescribed methods shall exclusively govern procurements by the Authority.]
35. Fund.– (1) There shall be
created a fund to be known as ‘the [34][Punjab] Central
Business District 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, pensions and other remunerations to
the members, officers, servants, experts and consultants of the Authority.
(2) The Fund
shall consist of:
(a)
grants and
loans made by the Government;
(b)
all moneys
received from Federal Government or the Government in a form of loans or any
inter-national agency by way of grants, donations loans, advances or revenues
from joint venture, outsourcing agreements or otherwise;
(c)
all fees,
rates and 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.
(3) The sums
under subsection (2) in respect of services related to water supply, sewerage
and drainage shall be credited separately to the head ‘water supply and
sanitation’ and all other sums to the head “[35][Punjab] Central
Business District Development”; and the sums credited to the head ‘water supply
and sanitation’ shall be exclusively utilized for the purposes of water supply,
sewerage and drainage.
(4) In case
of deficit revenue of the Authority, the Government may provide loans,
repayable in a prescribed manner, from its own revenues or from any other
source, such sum as may be necessary for the efficient performance of the
functions of the Authority under this Act.
(5) The
Authority may keep in current account of any scheduled bank or banks such sum
as may be [36][determined by it] by the regulation and any amount in excess of the
said amount may be invested in investments schemes of nation or international
institutions or may also be invested into Government securities, Government
sponsored saving schemes or in such manner as may be determined by the
Authority.
36. Rates and fees.–
(1) The Authority may raise adequate funds to meet the cost of planning,
expansion, execution, development, redevelopment, maintenance, zoning,
classification, reclassification, augmentation, supervision, regulation and
conversion of any property or any present and future scheme or any part of the
scheme, by imposing rates, fees, surcharge, other charges and fines in the
prescribed manner within the Area.
(2) The
Authority may, in the prescribed manner, impose fee on change of land use owing
to classification and reclassification.
(3) The rates, fees and other charges for
water supply, sewerage and drainage schemes shall be such as to provide
sufficient revenues:
(a) to cover the operating expenses
including taxes, if any, and interest to provide adequate maintenance and
depreciation;
(b) to meet repayments on long term
indebtedness to the extent that such repayments exceed the provision of
depreciation; and
(c) to finance the normal year to year
extension of any of such schemes and to provide a reasonable portion of the
cost of future major expansion of such schemes.
37. Fees on tube-wells.–
(1) The Authority shall have the exclusive right to use ground water resources
within the Area.
(2) No person shall install a tube-well in
the Area without the permission of the Authority.
(3) The Authority may, in the prescribed
manner, levy rate on any person who has installed or intends to install
tube-well within the Area.
(4) Any person violating the provisions of
subsection (2) shall be liable to punishment under this Act along with closure
or sealing of the tube-well by the Authority.
38. 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.
39. Conversion of property
to a different use.– If a person converts a property to a different use or
purpose than the one provided under a scheme, Master Plan or classification map
without the previous approval in writing of the Authority, he shall be liable
to punishment of fine which may extend to ten thousand rupees 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.
40. Ejectment of
unauthorized occupants.–
(1) Subject to an opportunity of hearing, the CEO or any person authorized by
the CEO may summarily eject any person in unauthorized occupation of any land
or property vested in the Authority and may for such ejectment use such force
as may be necessary.
(2) Subject to
an opportunity of hearing, the CEO or any person authorized by him may, on his
own motion or on the application of the owner, summarily eject any person in
unauthorized occupation of any land or plot in a housing scheme developed and
controlled by the Authority and may, for such ejectment, use such force as may
be necessary.
(3) Nothing
contained in subsections (1) and (2) shall prohibit the CEO or any person
authorized by him to proceed against such person on commission of an offence as
provided in this Act.
41. Removal of buildings.–
(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 CEO or any person authorized by him or the Authority 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 subsection (1) in respect of any building, structure, work or land
is not complied with within such time as may be specified therein, the CEO or
any person authorized by him, may, after giving the person affected by the
order an opportunity of being heard, remove, demolish or alter the building,
structure or work, or stop the use of the land by sealing the premises or land
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, structure, work or land in contravention of the
provisions as aforesaid.
42. Accounts.–
The Authority shall maintain proper accounts and other relevant records and
prepare annual statement of accounts in such form as may be [37][determined].
[38][43. Budget.– The CEO shall prepare a budget in respect of the financial year next
ensuing showing the estimated receipts and expenditure of the Authority and
each of its Agencies and shall submit the same to the Board for approval:
provided that the Authority shall maintain its own schedule of rates and
costs for its projects and schemes to be approved by the Board, and until such
schedule is approved, the rates determined through engineering estimates by
approved engineering consultants shall be used by the Authority.]
44. Audit.– The accounts of the Authority shall be maintained
and audited in such manner as may be prescribed.
45. 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
Government shall lay the annual report of the Authority in the Provincial
Assembly of the Punjab.
46. Members, officers and
employees to be public servants.– The members, CEO, officers, servants, experts and
consultants of the Authority or the Director General shall, when acting or
purporting to act under this Act in pursuance of any of the provisions of this
Act, be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code, 1860 (XLV of 1860).
47. Immunity.– No suit,
prosecution or any other legal proceedings shall lie against the Authority,
CEO, any member, officer, servant, expert or consultant of the Authority or
the Director General, in respect of
anything done or intended to be done in good faith under this Act.
48. Jurisdiction of courts barred.– Save as otherwise
provided by this Act, no court or authority shall have jurisdiction to question
the legality of anything done or any action taken under this Act, by or at the
instance of the Authority.
49. Overriding effect.– In the event of any
conflict or inconsistency between the provisions of this Act and the provisions
of any other law, the provisions of this Act shall prevail to the extent of
such inconsistency or conflict.
50. Amendment of Schedule.– The Government may, by
notification in the official Gazette, amend the [39][Schedules].
51. Removal of difficulties.–If any difficulty
arises in giving effect to any provision of this Act, the Government, at any
time, may make such orders or give such directions as are necessary to remove
such difficulty.
52. Power to make rules.–The Government may by
notification in the official Gazette, make rules for carrying out the purpose
of this Act.
53. Power to frame regulations.–Subject to the
provisions of this Act, the Board may make regulations as may be necessary, to
carry out the purposes of this Act.
54. Municipal and local government functions.– (1) Notwithstanding
anything contained in any other law for the time being in force , the
Government may, by notification in the official Gazette, specify that the
Authority may exercise and perform such powers and functions for the Area as
municipal administration or local government may exercise and perform in
relation to municipal function under the law for time being in force.
(2) Notwithstanding anything contained in
the Punjab Local Government Act, 2019 (XIII of 2019), any rules and regulations
made thereunder or any other law for time being in force, the Authority may by
regulations, prescribe methods and procedures for undertaking municipal and
local government functions under this Act, and such regulations shall exclusively
govern the local government function by the Authority.
55. Penalty.– (1) If a person
contravenes any provision of this Act, or any rules or regulations made under
this Act, he shall, if no other penalty is provided for such contravention, be
punishable with imprisonment for a term which may extend to one year or with
fine which may extend to two 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 in accordance with the provisions of sections 260 to 265 of
the Code of Criminal Procedure, 1898 (V of 1898).
56. Offences and cognizance.–
(1) If a person commits an offence specified in:
(a) Part-A
of the [40][SECOND SCHEDULE], such person shall be liable to imprisonment for a
term which may extend to seven years or fine which may extend to seven 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 for the period the
accused has persisted in the offence from the date of its commission; and
(b) Part-B of the [41][SECOND SCHEDULE], he shall be liable to imprisonment for a term which
may extend to three years or 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 ten thousand rupees per day for the period the offence
continues.
(2) An
offence punishable under subsection (1) shall be cognizable on a complaint in
writing of an officer authorized by the Authority.
57. Repeal.– The Lahore
Central Business District Development Authority Ordinance 2021 (IV of 2021) is hereby
repealed.
[42][FIRST SCHEDULE
[See section 2(b)]
Area of the Authority
1. Lahore:
A.
Walton Airport and
Bab-e-Pakistan (3128 kanals
approximately) having the following details:
(i)
Boundary references:
|
World
Geodetic System 1984 (WGS 84) |
|
|
Coordinate System |
Geographic Coordinate
System/ Latitude and Longitude (GCS Lat Long
WGS84) |
|
Boundary |
Reference Point ID |
Longitude |
Latitude |
|
East |
E1/N10 |
74° 21' 18.540” E |
31° 29' 21.175” N |
|
E2 |
74° 21' 9.227” E |
31° 29' 4.064” N |
|
|
E2/S1 |
74° 21' 40.095” E |
31° 28' 53.763” N |
|
|
North |
N1/W12 |
74° 19' 55.720” E |
31° 30' 23.665” N |
|
N2 |
74° 20' 8.509” E |
31° 30' 25.507” N |
|
|
N3 |
74° 20' 9.325” E |
31° 30' 24.095” N |
|
|
N4 |
74° 20' 21.776” E |
31° 30' 32.365” N |
|
|
N5 |
74° 20' 23.261” E |
31° 30' 31.476” N |
|
|
N6 |
74° 20' 11.824” E |
31° 30' 21.564” N |
|
|
N7 |
74° 20' 35.843” E |
31° 29' 58.208” N |
|
|
N8 |
74° 20' 34.110” E |
31° 29' 56.822” N |
|
|
N9 |
74° 21' 11.941” E |
31° 29' 22.683” N |
|
|
West |
W1/S3 |
74° 21' 0.422” E |
31° 28' 51.433” N |
|
W2 |
74° 21' 10.057” E |
31° 29' 9.837” N |
|
|
W3 |
74° 21' 3.170” E |
31° 29' 21.601” N |
|
|
W4 |
74° 20' 55.843” E |
31° 29' 16.368” N |
|
|
W5 |
74° 20' 49.028” E |
31° 29' 30.205” N |
|
|
W6 |
74° 20' 52.268” E |
31° 29' 31.439” N |
|
|
W7 |
74° 20' 10.430” E |
31° 30' 13.288” N |
|
|
W8 |
74° 20' 4.309” E |
31° 30' 8.270” N |
|
|
W9 |
74° 20' 2.651” E |
31° 30' 11.543” N |
|
|
W10 |
74° 19' 56.738” E |
31° 30' 9.908” N |
|
|
W11 |
74° 19' 53.694” E |
31° 30' 17.049” N |
|
|
South |
S2 |
74° 21' 27.605” E |
31° 28' 40.524” N |
(ii)
Boundary description:
NORTH:
The Northern Boundary
of jurisdiction starts from the reference point N1/W12 moving along the
northern boundary of Saint Mary Park (National Bank Park) (Including side road)
towards East, up to reference point N2 falling exactly on Hali Road till N3 and
it moves towards northeast up to the reference point N4 exactly on Main
Boulevard Road towards Liberty Square and then up to the reference point N4 it
moves towards N5 near United Christian Hospital. From reference point, N5 moves
towards the southwest on Main Boulevard Road towards Kalma
Square up to the reference point N6 and move towards the south along Falcon
Complex Road till N7, excluding the boundary of Falcon Complex, move up to
reference point N8. From N8 it moves towards southeast along the Falcon Complex
Boundary excluding model Colony Up to the reference point N9 and towards the
reference point E1/N10 on Railway Line.
EAST:
From the reference
point E1/N10 moving towards west south along the railway line excluding Railway
Officers Colony Boundary, to the reference point E2. From the reference Point
E2, it moves towards the southeast direction along Bab e Pakistan boundary till
Walton Road at reference point E3/S1 excluding the Civil Service Academy Area
and including Bab-e-Pakistan area.
SOUTH:
From the reference
point E3/S1 moving along Walton Road till the reference point S2 and then move
towards the northwest along the Bab-e-Pakistan Road up to the reference point
W1/S3 crossing Hall Road and Railway Track.
WEST:
From the reference
point W1/S3 in the North-East direction including areas of the WCB, move
towards the reference point W2. From the reference point W2, it moves towards
Northwest direction up to the reference Point W3 excluding the Walton Airport
Military Area. From W3 move towards so southwest direction up to the reference
point W4 connecting to Yasir Shaheed Road. From W4 it moves towards the
northwest along Yasir Shaheed Road excluding the Pakistan Navy College and then
moves towards North East along Walton Boundary till reference Point W5. From W5
it moves towards W6 in the northeast direction along the Naval Complex boundary. From W6
in the northwest direction along the boundary of
Askari-V Flats, From reference point
W6
it continues moving along the Walton boundary till W7, and then it moves towards west
till reference point W8 (SW corner of the park), W9 North corner of the
park on Aqa Khail road. Along the nursery road,
it moves towards the west up to reference point W10 on Ferozepur Road. From reference point W10, it moves towards
North till Kalma
Square including the Kalma
Chowk Garden and Main Boulevard
Gulberg Road to W11 and then connects with the Saint Mary’s Park Road till the
reference point N1W12.
(iii) Boundary Map:
(iv) Boundary Coordinates:
|
ID |
Longitude |
Latitude |
ID |
Longitude |
Latitude |
|
1 |
31° 28' 40.524"
N |
74° 21' 27.605"
E |
39 |
31° 30' 25.269"
N |
74° 20'
6.362" E |
|
2 |
31° 28' 47.233"
N |
74° 21' 9.691" E |
40 |
31° 30'
24.684" N |
74° 20'
6.759" E |
|
3 |
31° 28' 51.325"
N |
74° 21' 0.308" E |
41 |
31° 30'
25.507" N |
74° 20'
8.509" E |
|
4 |
31° 29' 9.837" N |
74° 21' 10.057"
E |
42 |
31° 30'
24.095" N |
74° 20' 9.325"
E |
|
5 |
31° 29' 9.745" N |
74° 21' 7.783" E |
43 |
31° 30'
32.365" N |
74° 20'
21.776" E |
|
6 |
31° 29' 13.900"
N |
74° 21' 7.097" E |
44 |
31° 30'
31.476" N |
74° 20'
23.261" E |
|
7 |
31° 29' 14.454"
N |
74° 21' 7.386" E |
45 |
31° 30'
23.462" N |
74° 20'
11.651" E |
|
8 |
31° 29' 17.317"
N |
74° 21' 6.375" E |
46 |
31° 30'
21.564" N |
74° 20'
11.824" E |
|
9 |
31° 29' 21.601"
N |
74° 21' 3.170" E |
47 |
31° 30'
12.089" N |
74° 20'
20.953" E |
|
10 |
31° 29' 19.908"
N |
74° 20' 59.849"
E |
48 |
31° 29'
58.208" N |
74° 20'
35.843" E |
|
11 |
31° 29' 19.046"
N |
74° 21' 0.246" E |
49 |
31° 29'
56.822" N |
74° 20'
34.110" E |
|
12 |
31° 29' 16.368"
N |
74° 20' 55.843"
E |
50 |
31° 29'
42.086" N |
74° 20'
50.440" E |
|
13 |
31° 29' 16.799"
N |
74° 20' 55.266"
E |
51 |
31° 29'
22.683" N |
74° 21'
11.941" E |
|
14 |
31° 29' 17.538"
N |
74° 20' 55.266"
E |
52 |
31° 29'
23.145" N |
74° 21'
13.530" E |
|
15 |
31° 29' 29.161"
N |
74° 20' 49.417"
E |
53 |
31° 29'
21.175" N |
74° 21'
18.540" E |
|
16 |
31° 29' 30.238"
N |
74° 20' 49.092"
E |
54 |
31° 29'
16.665" N |
74° 21'
16.229" E |
|
17 |
31° 29' 31.439"
N |
74° 20' 52.268"
E |
55 |
31° 29'
14.815" N |
74° 21'
15.877" E |
|
18 |
31° 29' 36.863"
N |
74° 20' 47.703"
E |
56 |
31° 29'
13.623" N |
74° 21'
15.548" E |
|
19 |
31° 29' 37.232"
N |
74° 20' 47.956"
E |
57 |
31° 29'
12.232" N |
74° 21'
15.038" E |
|
20 |
31° 29' 47.133"
N |
74° 20' 36.618"
E |
58 |
31° 29'
10.334" N |
74° 21' 13.937"
E |
|
21 |
31° 29' 45.871"
N |
74° 20' 34.632"
E |
59 |
31° 29'
9.233" N |
74° 21'
13.299" E |
|
22 |
31° 29' 52.701"
N |
74° 20' 27.256"
E |
60 |
31° 29'
8.435" N |
74° 21'
12.836" E |
|
23 |
31° 29' 53.501"
N |
74° 20' 28.302"
E |
61 |
31° 29'
7.732" N |
74° 21'
11.987" E |
|
24 |
31° 29' 56.948"
N |
74° 20' 24.728"
E |
62 |
31° 29'
6.728" N |
74° 21'
10.774" E |
|
25 |
31° 29' 57.841"
N |
74° 20' 25.811"
E |
63 |
31° 29'
6.403" N |
74° 21'
10.382" E |
|
26 |
31° 29' 59.719"
N |
74° 20' 23.753"
E |
64 |
31° 29'
5.764" N |
74° 21'
10.066" E |
|
27 |
31° 30' 0.242" N |
74° 20' 24.078"
E |
65 |
31° 29'
4.064" N |
74° 21'
9.227" E |
|
28 |
31° 30' 2.386" N |
74° 20' 22.325"
E |
66 |
31° 29'
3.818" N |
74° 21'
9.840" E |
|
29 |
31° 30' 4.871" N |
74° 20' 19.294"
E |
67 |
31° 29'
4.095" N |
74° 21'
10.057" E |
|
30 |
31° 30' 5.566" N |
74° 20' 18.316"
E |
68 |
31° 29' 3.137"
N |
74° 21'
12.551" E |
|
31 |
31° 30' 13.288"
N |
74° 20' 10.430"
E |
69 |
31° 29'
1.571" N |
74° 21'
16.626" E |
|
32 |
31° 30' 9.908" N |
74° 19' 56.738"
E |
70 |
31° 29'
1.940" N |
74° 21'
17.492" E |
|
33 |
31° 30' 16.980"
N |
74° 19' 53.712"
E |
71 |
31° 29'
2.710" N |
74° 21' 17.998"
E |
|
34 |
31° 30' 17.910"
N |
74° 19' 56.909"
E |
72 |
31° 28'
58.735" N |
74° 21'
27.814" E |
|
35 |
31° 30' 23.665"
N |
74° 19' 55.720"
E |
73 |
31° 28'
53.763" N |
74° 21'
40.095" E |
|
36 |
31° 30' 23.840"
N |
74° 19' 57.348"
E |
74 |
31° 28'
47.143" N |
74° 21'
33.850" E |
|
37 |
31° 30' 24.282"
N |
74° 19' 57.264"
E |
75 |
31° 28'
40.591" N |
74° 21'
5.183" E |
|
38 |
31° 30' 24.930"
N |
74° 20' 4.196" E |
76 |
31° 28'
44.203" N |
74° 20'
56.349" E |
B. Wahdat Colony (1,771 kanals approximately) having the
following details:
(i)
Boundary references:
|
Datum and Spheroid |
World
Geodetic System 1984 (WGS 84) |
|
Coordinate System |
Geographic Coordinate
System/ Latitude and Longitude (GCS Lat Long
WGS84) |
|
Boundary |
Reference Point ID |
Longitude |
Latitude |
|
NORTH |
N1 |
31°31'14.10"N |
74°18'49.49"E |
|
N2 |
31°31'6.11"N |
74°18'14.50"E |
|
|
N3 |
31°31'4.14"N |
74°18'14.38"E |
|
|
N4 |
31°31'2.53"N |
74°18'11.05"E |
|
|
N5 |
31°31'5.33"N |
74°18'9.92"E |
|
|
EAST |
E1 |
31°31'1.41"N |
74°18'57.47"E |
|
SOUTH |
S1 |
31°30'41.61"N |
74°18'15.50"E |
|
WEST |
W1 |
31°31'4.51"N |
74°17'59.84"E |
(ii)
Boundary description:
EAST:
The Eastern boundary starts from Naqsha Stop
along Wahdat Road at reference point E1.
NORTH:
From reference point E1 it moves in north direction adjacent to Wahdat link road till T Junction at reference point N1
meeting at Shuja Road. From reference point N1 the
boundary moves west along Shuja road through the
points N2, N3, N4 and N5 respectively.
WEST:
From reference point N5, it moves to west connecting at reference point
W1 at Link Wahdat road opposite to Pak Block, Allama Iqbal Town.
SOUTH:
From reference point W1, it moves along Link Wahdat
Road to connect at point S1 at Wahdat Road.
(iii) Boundary Map:
(iv) Boundary Coordinates:
|
ID |
Longitude |
Latitude |
|
N1 |
31°31'14.10"N |
74°18'49.49"E |
|
N2 |
31°31'6.11"N |
74°18'14.50"E |
|
N3 |
31°31'4.14"N |
74°18'14.38"E |
|
N4 |
31°31'2.53"N |
74°18'11.05"E |
|
N5 |
31°31'5.33"N |
74°18'9.92"E |
|
E1 |
31°31'1.41"N |
74°18'57.47"E |
|
S1 |
31°30'41.61"N |
74°18'15.50"E |
|
W1 |
31°31'4.51"N |
74°17'59.84"E] |
[43][SECOND SCHEDULE]
(See section 56)
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, or controlled by Authority or an Agency of the
Authority in such manner as causes or is likely to cause danger to persons
passing by or living or working in neighborhood, or risk or injury to property
or causing harm to the environment.
2. Failure of commercial concern and
occupier of a property 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 Act.
2. Failure to deliver back
possession of property to the Authority on expiration and cancellation of lease
or allotment or exemption of plot.
3. Doing an act without
approval or permission when the doing of such act requires an approval or
permission under any of the provisions of this Act, the rules or regulations.
4. Violation of the Master
Plan, building plan or sanctioned site or development scheme as determined by
the Authority or any officer authorized on its behalf.
5. Erection or re-erection
of building over set back area or parking area or building line area required
to be left open under the rules or bylaws for using such space for any purpose
which is not approved.
6. Changing or converting
into any other use any portion of a commercial or residential building or area
specified or earmarked for public parking or amenities.
7. 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 an Agency.
8. 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.
9. Obstructing or tampering
with any road, street, drain or sewer pine or pavement or tampering with any
main pipe, meter or any apparatus or appliance for the supply of water or
sewerage system or laying out a drain or altering any drain in a street or
road.
10. Connecting any house
drain with a drain in a public street without approval of the Authority.
11. Drawing
off, diverting or taking any water except with the permission required under
this Act, rules or regulations.
12. 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.
13. Refusal or willfully neglecting 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 in relation to any water works.
14. Failure or neglect of the sponsor to
abide by or fulfill the commitment made to a person regarding allotment of a
plot, housing unit or price of the same in any scheme.
[1]This Act was passed by the Punjab Assembly
on 04 May 2021; assented to by the Governor of the Punjab on 11 May 2021; and
was published in the Punjab Gazette (Extraordinary), dated 17 May 2021; pages 9163-76.
[2]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[3]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[4]Inserted by the Lahore
Central Business District Development Authority (Amendment) Act 2022 (XVIII of
2022).
[5]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[6]Substituted by the
Lahore Central Business District Development Authority (Amendment) Act 2022
(XVIII of 2022), for the following:
“(2) It extends to Walton Airport Area
Lahore including its surrounding areas and such other areas as the Government may
determine by notification in the official Gazette.”
[7]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(b) “Area” means the area as notified under
section 3 of this Act;”
[8]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[9]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[10]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(v) “local government” means a local government as
defined in the Punjab Local Government Act, 2019 (XIII of 2019);”
[11]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(x) “member” means a member of the Board;”
[12]Substituted for the word “the” by the Lahore
Central Business District Development Authority (Amendment) Act 2022 (XVIII of
2022).
[13]The Following omitted by the Lahore Central
Business District Development Authority (Amendment) Act 2022 (XVIII of 2022):
“3. Area of the Authority.– As soon as after promulgation of the Lahore
Central Business District Development Authority Ordinance
2021 (IV of 2021), the Government shall by notification in the official
Gazette, specify Walton Airport Area Lahore including its surrounding areas and
such other areas as the Government may determine.”
[14]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[15]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“5. Establishment of the Board.–
(1) There shall be a Board of the Authority consisting of the following
members:
(a)
Chairman;
(b) four ex-officio members not below the rank of
Secretaries to the Government, to be nominated by the Government;
(c) five non-official members to be nominated by
the Government for a term of three years, and in case of casual vacancy, a
member, other than the Chairman, in like manner be nominated by the Government
for the remaining unexpired term of the outgoing member;
(d) two
technical experts or professionals, to be appointed by the Government in such
manner, on such criteria and on such terms and conditions as may be prescribed;
(e) any other member as may be coopted by the
Board; and
(f)
the CEO.
(2) The Board shall exercise all powers, perform
all functions and do all acts which may be exercised, performed or done by the
Authority.
(3)
No act or proceeding of the Board shall
be invalid merely by reason of any vacancy in, or defect in the constitution of
the Board.”
[16]Inserted the expression by the Lahore
Central Business District Development Authority (Amendment) Act 2022 (XVIII of
2022).
[17]Inserted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022).
[18]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(1) The Board shall meet at such place and at such
time and shall observe such procedure with regard to transaction of business at
its meetings as may be prescribed by the regulation, and until so prescribed,
as may be determined by the Chairman.”
[19]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(3) In the absence of the Chairman, any member
nominated by the Chairman may preside over the meetings.
(4) Two third of the total number of members,
including the Chairman or his nominee present in person or through video
conference or tele-conference shall constitute the quorum for the meeting of
the Board.”
[20]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(7) The Chairman shall appoint Secretary of the
Board on such terms and conditions as may be prescribed, and he shall perform
such functions as the Chairman may direct.
(8) The Secretary of the Board shall maintain or
cause to be maintained the record of each meeting of the Board including the
minutes of the meetings in such manner as may be prescribed.
(9) The Chairman may co-opt any person other than
a member, to attend a meeting of the Board for the purpose of advising or
assisting the Board on any agenda item taken up for consideration at such
meeting.”
[21]Substituted for the
word “Government” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[22]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(4) The CEO shall be appointed for a term of three
years on such salary, terms and conditions of service as the Government may
determine.
(5) Notwithstanding anything contained in this
Act, the CEO may, at any time before the expiry of his term and upon three
months’ notice, resign his office, or upon similar notice, be removed by the
Government.”
[23]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(2) The Board may establish, by special order, one
or more Agencies, as may be prescribed.”
[24]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“12. Appointment of officers and employees.– The
Authority may appoint such officers, advisors, 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.”
[25]Substituted by the Lahore Central Business District
Development Authority (Amendment) Act 2022 (XVIII of 2022), for the following:
“16. Preparation
of schemes.– (1) Notwithstanding anything contained in any other law for
the time being in force and subject to the provisions of this Act, the
Authority shall, in such form and in such manner as may be prescribed, prepare
schemes for the Area or any part thereof.
(2) All schemes prepared shall be submitted to
the Board for its approval and after approval of every scheme, the Authority
shall execute it in such manner as may be prescribed.
(3) The Authority shall publish the sanctioning
of any scheme in the official Gazette and shall forthwith proceed to execute
the scheme.
(4)
The publication of a sanction under
sub-section (2), shall be conclusive evidence that the scheme has been duly
framed and sanctioned.
(5) A person, local government, or Government
agency shall not prepare a planning or development scheme within the Area
except with the concurrence of the Authority.”
[26]Substituted for the
word “person” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[27]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“(1) The Authority may make, maintain, amend, manage, enforce and keep
in its custody the Master Plan.”
[28]The Following omitted by the Lahore Central
Business District Development Authority (Amendment) Act 2022 (XVIII of 2022):
“22. Directions by the Government.– The Authority shall,
in discharging its functions under this Act, be guided by such directions as
the Government may give to it from time to time.”
[29]The expression “, in such manner as may be
prescribed” omitted by the Lahore Central Business District Development
Authority (Amendment) Act 2022 (XVIII of 2022).
[30]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“31. Acquisition of land.– (1) The Authority
may acquire an immovable property under the provisions of the Land Acquisition
Act, 1894 (I of 1894), and such acquisition shall be deemed to be for the
public purpose as specified in the Land Acquisition Act, 1894 (I of 1894).
(2) The Authority may acquire or purchase in a
transparent manner any immovable property or land for any public purpose.”
[31]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“32. Compensation.– (1)
The Authority shall determine the mode of compensation in the form of cash,
bonds, debentures, annuities, adjustments, alternate land, developed sites or
in a combination of such forms:
provided that if the compensation of the acquired immovable
property is in the form of developed sites then the Authority shall not award
such compensation unless the immovable property is transferred or mutated in
the name of the Authority.
(2) Where
the Authority determines any mode of compensation other than cash, the person
interested shall have the option to receive compensation either in cash or in
that mode or in both such forms as determined by the Authority.
(3) Where
the compensation is to be paid in cash, it shall be determined by the Collector.
(4) If
any person has, by mistake, fraud or misrepresentation, received any
compensation or any excess compensation, which was not payable to him, the CEO,
or Collector or any other person authorized in his behalf, shall call upon such
person to refund such amount and in case of default the Authority may recover
it as arrears of land revenue.
(5) The Authority shall not provide alternate
land or developed site in any scheme except the scheme for which the property
was acquired.
(6) Where provision of alternate land or
developed site is part of a scheme but for any reasons, such land or developed
site cannot be provided, the Authority shall pay compensation in cash at such
rate as may be prescribed by the regulation.
(7) If the Authority, after due diligence,
satisfies any claim of compensation, the Authority shall not entertain any
subsequent claim in respect of the property and the person who is subsequently
declared as person interested shall recover the compensation from the person
who earlier received compensation for the said property.”
[32]The expression “, in prescribed manner”
omitted by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[33]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“34. Joint
Ventures and outsourcing.– (1) For the purpose of joint venture agreements,
the Authority may enter into any joint venture agreement as a partner, with any
the Government agency or organization, person, company, agency, authority or
organization national or international to manage, sale, develop, maintain,
build and transfer any land, plot, estate or property vested in the Authority.
(2) The Joint Venture Agreements under
subsection (1) may be executed by the CEO.
(3) Notwithstanding anything contained in
Punjab Public Private Partnership Act 2019 (XXX of 2019), any rules and
regulations made thereunder, the Authority may by the regulation, prescribe
methods and procedures for undertaking public private partnerships under this
Act and such prescribed methods shall exclusively govern public private
partnerships by the Authority.
(4) Notwithstanding anything contained in the
Punjab Procurement Regulatory Authority Act, 2009 (VIII of 2009), any rules and
regulations made thereunder, the Authority may, by the regulation, prescribe
methods and procedures for undertaking public procurements under this Act and
such prescribed methods shall exclusively govern procurements by the Authority.”
[34]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[35]Substituted for the
word “Lahore” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[36]Substituted for the
word “prescribed” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[37]Substituted for the
word “prescribed” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[38]Substituted by the Lahore Central Business
District Development Authority (Amendment) Act 2022 (XVIII of 2022), for the
following:
“43. Budget.– The CEO
shall prepare, in such manner and at such time as may be prescribed, a budget
in respect of the financial year next ensuing showing the estimated receipts
and expenditure of the Authority and each of its Agencies and shall submit the
same to the Board for approval.”
[39]Substituted for the word
“Schedule” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[40]Substituted for the
word “Schedule” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[41]Substituted for the
word “Schedule” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).
[42]Inserted by the Lahore
Central Business District Development Authority (Amendment) Act 2022 (XVIII of
2022).
[43]Substituted for the
word “SCHEDULE” by the Lahore Central Business District Development Authority
(Amendment) Act 2022 (XVIII of 2022).