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  "title": "Naya Pakistan Housing and Development Authority Act (NPHDA), 2020",
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  "text": "Page 1 of 25 \r\n \r\n \r\n \r\n \r\nTHE NAYA PAKISTAN HOUSING AND DEVELOPMENT \r\nAUTHORITY ACT, 2020 \r\n \r\n \r\n \r\n \r\n \r\n  CONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\n1. Short title, extent, commencement and application \r\n2. Application \r\n3. Definitions \r\n             CHAPTER II \r\nINCORPORATION AND FUNCTIONS \r\n4. Authority \r\n5. Functions of the Authority \r\n       CHAPTER III \r\nPATRON, POLICY BOARD AND ADMINISTRATION \r\n \r\n6. Patron and Policy Board \r\n7. Disqualification of members \r\n8. Removal of a member \r\n9. Functions of the Policy Board \r\n10. Chairman and Acting Chairman \r\n11. Functions and Powers of Chairman \r\n12. Appointments of employees   \r\n \r\n13. Delegation of functions \r\n14. Conflict of interest \r\n15. Committees and sub-committees  \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 25 \r\n \r\nCHAPTER IV \r\nFEDERAL LAND BANK ETC. \r\n16. Federal Land Bank \r\n17. Vesting of Property \r\n18. Regulation of Transfers etc. \r\n      CHAPTER V \r\nDEVELOPMENT OF SCHEMES AND PROCUREMENTS ETC. \r\n \r\n19. Development of schemes \r\n20. Procurement, Outsourcing and public private partnership etc. \r\n21. Re-development schemes \r\n      CHAPTER VI \r\nREGISTER OF TITLES \r\n22. Registrar \r\n23. Record of titles \r\n24. Registration of Properties \r\n       CHAPTER VII \r\nHOUSE FINANCE AND MORTGAGES \r\n \r\n25. House finance for a scheme \r\n26. Process for Mortgage and Auction \r\n        CHAPTER VIII \r\nCOMMON PROPERTY \r\n \r\n27. Common property \r\n       CHAPTER IX \r\nTAXES, FEES AND CHARGES \r\n \r\n28. Authority to be exempt from taxation \r\n29. Authority to collect property tax \r\n30. Authority to levy fee and charges \r\n31. Additional charge or surcharge \r\n      CHAPTER X \r\nOFFENCES, ENFORCEMENT AND ADJUDICATION \r\n \r\n32. Penalty \r\n33. Offences and cognizance \r\n34. Offences to be cognizable and bailable \r\n35. Offences by companies \r\n36. Administrative penalties \r\n \r\nPage 3 of 25 \r\n \r\n37. Administrative penalty and offence \r\n38. Enforcement inspectors \r\n39. Power to enter \r\n40. Ejectment of unauthorized  occupants  \r\n41. Adjudicator \r\n42. Inquiry and decision \r\n43. Review \r\n44. Recovery of dues \r\n45. Appeals \r\n46. Bar of jurisdiction \r\n        CHAPTER XI \r\nFINANCIAL PROVISIONS \r\n47. Fund \r\n48. Bank accounts \r\n49. Budget and accounts \r\n50. Audit \r\n           CHAPTER XII \r\nMISCELLANEOUS \r\n \r\n51. Duty to assist the Authority \r\n52. Authentication of instruments of Authority \r\n53. Annual report \r\n54. Public servants \r\n55. Immunity \r\n56. Act to prevail over other laws \r\n57. Rules \r\n58. Regulations \r\n59. Removal of Difficulties \r\n60. Savings \r\nSCHEDULE \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 25 \r\n \r\nTHE NAYA PAKISTAN HOUSING AND DEVELOPMENT AUTHORITY \r\nACT, 2020 \r\n \r\nACT NO. V OF 2020 \r\n \r\n[14th January, 2020] \r\n \r\nAn Act to provide for housing and real estate development and other activities related to land and \r\nconstruction through the establishment of             Naya Pakistan Housing and Development Authority \r\n \r\nWHEREAS the Constitution of the Islamic Republic of Pakistan, 1973, requires the State to \r\nendeavour to provide housing, a basic necessity of life, to its citizens; \r\n \r\nAND W HEREAS it is expedient to establish the Naya Pakistan Housing and   Development \r\nAuthority for the purposes of planning, development, construction and management of real estate \r\ndevelopment schemes and projects, including housing, and matters connected therewith and ancillary \r\nthereto so as to pursue philanthropic  and other objectives on profit and non­profit basis and to carry \r\nout refurbishment,  uplift or establishment and maintenance  of infrastructure, roads  etc. and the  \r\nperformance of other civic and municipal ventures or tasks; \r\n \r\nIt is enacted as follows:— \r\n \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent, commencement and application. — (1) This Act shall be called the \r\nNaya Pakistan Housing and Development Authority Act, 2020. \r\n \r\n            (2) It extends to the whole of Pakistan. \r\n \r\n            (3) It shall come into force at once. \r\n \r\n            2. Application.— This Act shall apply to the works, lands and buildings          owned or acquired by, \r\nvested in or in the possession of the Federal Government in the specified area and  the schemes \r\ndeveloped or re­developed under this Act. \r\n \r\n            3. Definitions.— In this Act,— \r\n \r\n(a) “Acting Chairman” means the Acting Chairman of the Authority appointed in terms \r\nof sub­sections (6) or (7), respectively, of section 10; \r\n \r\n(b) “Adjudicator” means an Adjudicator of the Authority appointed in accordance with \r\nsection 41; \r\n \r\n(c) “Appellate Tribunal” means the Appellate Tribunal of the Authority    established \r\npursuant to this Act; \r\n \r\n(d) “Authority” means Naya Pakistan Housing and Development Authority established \r\nunder this Act; \r\n \r\n \r\nPage 5 of 25 \r\n \r\n(e) “certificate of title” includes a certificate of title with regard to the entitlement to an \r\nimmovable property in terms of a lease, tenancy, license, allotment or allocation or \r\nany other mode of grant issued by   the Registrar, in the manner and on such terms \r\nand conditions as may  be prescribed; \r\n \r\n(f) “Chairman” means the Chairman of the Authority; \r\n \r\n(g) “enforcement inspector” means an employee of the Authority designated as  \r\nenforcement inspector in accordance with section 38; \r\n \r\n(h) “Federal Land Bank” means the Federal Land Bank constituted under           section 16; \r\n \r\n(i) “finance” shall have the same meaning as assigned thereto in the  Financial \r\nInstitutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001); \r\n \r\n(j) “financial institution” shall have the same meaning as assigned thereto         in the Financial \r\nInstitutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001); \r\n \r\n(k) “Fund” means Naya Pakistan Housing and Development Authority  Fund created \r\nunder this Act; \r\n \r\n(1) “house finance” means finance provided by financial institutions to individuals for \r\nthe construction, refurbishment or purchase of residential          houses, units or apartments \r\nor for purchase of residential plots and construction thereon; \r\n \r\n(m) “management association” means a body, association, trust, body corporate, society \r\nor any other entity, registered or otherwise, established and mandated by the \r\nAuthority, in the prescribed manner,        for managing a scheme or part thereof; \r\n \r\n(n) “member” means a member of the Policy Board; \r\n \r\n(o) “Policy Board” means the Policy Board of the Authority constituted         under this Act; \r\n \r\n(p) “prescribed” means prescribed by rules or regulations under this Act; \r\n \r\n(q) “Patron” means the Patron of the Authority; \r\n \r\n(r) “Registrar” means a registrar appointed under Section­22 of this Act; \r\n \r\n(s) “Schedule” means a Schedule appended to this Act; \r\n \r\n \r\n(t) “scheme” means a scheme or schemes, plan, facility or project, on profit  or non­profit \r\nbasis, comprising development or redevelopment of: \r\n(i) new or existing cities, towns and islands, or \r\n(ii) mix­use, housing, commercial and/or  public amenity plots,  buildings and/or \r\nunits and related infrastructure, or \r\n(iii) infrastructure and services including transportation systems and        road networks, \r\n \r\nPage 6 of 25 \r\n \r\ntraffic management systems, healthcare facilities, educational facilities, \r\nrecreational and cultural facilities, municipal and civic facilities and services, \r\ncommunications systems and  facilities, utilities infrastructure and network \r\n(including water supply, drainage, sewerage, sanitation), or \r\n(iv) energy generation, procurement, transportation, transmission and   distribution \r\nsystems including for electric power (through any  energy source) and gas \r\n(LNG/RLNG, LPG etc.), or \r\n(v) industrial estates and parks, and \r\n(vi) all facilities, systems and works incidental or ancillary thereto,  planned, made, \r\nundertaken and/or supervised and/or approved  by the Authority under this Act. \r\n(u) “Secretary” means the Secretary of the Authority appointed in       accordance with \r\nsection 6 (7) of this Act; \r\n(v) “section” means a section of this Act; and \r\n(w) “specified area” includes an area in which the Authority may pursue a  scheme; \r\n \r\nCHAPTER II \r\n \r\nINCORPORATION AND FUNCTIONS \r\n \r\n             4. Authority.— (1) The Patron shall, by notification in the official Gazette,   establish the Naya \r\nPakistan Housing and Development Authority. \r\n \r\n            (2) The Authority shall be a corporation having perpetual succession, a common seal and may \r\nsue or be sued in the name mentioned in sub­section (i) of this section 4. \r\n \r\n             (3) The head office of the Authority shall be at Islamabad and the Authority  may establish regional \r\nand/or such offices in such other parts of Pakistan as it may deem necessary. \r\n \r\n             5. Functions of the Authority.— (1) The Authority as may be prescribed, shall:— \r\n \r\n(a) identify immovable properties and projects suitable for the development          of schemes; \r\n \r\n(b) recommend to the Federal Government to provide or procure immovable property \r\nor a project through any means permissible under law, including compulsory \r\nacquisition; purchase, lease or license through  private agreement; donation by any \r\nprivate party or any state land or project by any government or other public \r\nauthority, on such terms as may be mutually agreed between the 1[Policy Board] \r\nand the relevant transferor or provider; \r\n \r\n(c) cause studies, surveys, experiments or technical researches to be  undertaken or \r\ncontribute towards the cost of any such studies, surveys, experiments or technical \r\nresearches, undertaken by any other entity; \r\n \r\n \r\n1Subs. by Act No. XXX of 2026, s.2. \r\n \r\n \r\nPage 7 of 25 \r\n \r\n \r\n(d) if necessary, prepare and approve a master or site plan of a specified area \r\ncontaining zoning, spatial or town planning, infrastructure development, land use \r\nand building control regulations in consonance with the planning under the \r\napplicable building and town­planning dispensation; \r\n(e) undertake, design, approve and execute a scheme or schemes in specified areas; \r\n \r\n(f) prescribe transparent criteria and procedure for registration, membership, \r\npossession, transfer and cancellation of immovable property in a scheme; \r\n \r\n(g) facilitate the low income segment for availing housing under this Act  or any other \r\nspecific programme or otherwise through the provision of  loans or other facilities; \r\n \r\n(h) develop procedures for allocation, allotment, lease or auction, if any,      of  any type \r\nof immovable property, including the procedure to transact or exchange the actual \r\nproperty or allotment/ allocation file thereof; \r\n \r\n(i) ensure maximum use of indigenous labour and construction material in the \r\ndevelopment of schemes; \r\n(j) formulate and, from time to time, vary the organogram, job descriptions, human \r\nresource policies and terms and conditions of employment of        all employees of the \r\nAuthority; \r\n \r\n(k) create or abolish posts and oversee the performance of its employees; \r\n \r\n(1) take disciplinary action against employees in the prescribed manner; \r\n \r\n(m) establish committees for assistance and advice in relation to the performance of its \r\nfunctions and determine the membership and terms          of reference of a committee; \r\n \r\n(n) develop and maintain public amenities and common areas in a scheme; \r\n \r\n(o) maintain updated record of immovable property including title, leasehold rights, \r\nmortgage, easement, license, tenancy and possession thereof; \r\n \r\n(p) publish geo­tagged title, leasehold rights, mortgage and other rights or  interests in \r\nan immovable property on its website; \r\n \r\n(q) collect all levies, taxes, duties, fees and charges on the transfer, or  possession of \r\nan immovable property, or any encumbrance thereon,           under any law after agreeing \r\non an arrangement with the relevant agency; \r\n \r\n(r) exercise control over maintenance of buildings, their common areas  and amenities \r\nin a scheme; \r\n \r\n(s) impose, levy and collect fines, fees, tolls, penalties, surcharges and charges as may \r\nbe prescribed; \r\n \r\n(t) coordinate with similar agencies or bodies at the federal, provincial and local level \r\n \r\nPage 8 of 25 \r\n \r\nfor the achievement of the objectives of this Act; \r\n \r\n(u) to undertake schemes for the purposes of raising funds for various  objects of the \r\nAct including funding for subsidies in low cost housing  projects and creation of \r\nemployment and opportunities; and \r\n(v) perform any ancillary functions or a function under this Act. \r\n \r\n2. The Authority, as may be prescribed, may.— \r\n \r\n(a) raise funds through any means considered appropriate in the circumstances \r\nincluding through real estate investment trusts, bonds, sukuk and other forms of \r\nfinances obtained on the basis of participation term certificate (PTC), musharika \r\ncertificates, term finance certificates (TFC) or any other financial or debt \r\ninstruments or securities; \r\n \r\n(b) raise funds and obtain finance or loans from donor agencies, governmental bodies, \r\nand financial institutions, including on the security of its Fund or any portion thereof; \r\n \r\n(c) provide or facilitate and support the provision of finance, including  housing \r\nfinance, for the achievement of the objectives of the Act; \r\n \r\n(d) generate electricity or obtain utilities in bulk or otherwise and carry out, maintain, \r\narrange, manage and provide all facilities, services and utilities, including water, gas \r\nand sewerage in schemes; \r\n \r\n(e) manage and maintain utilities; \r\n \r\n(f) assign any function to a local government or local authority and vice versa on \r\nmutually agreed terms and conditions; \r\n \r\n(g) outsource any function through public private partnership or any other  mode; \r\n \r\n(h) hire or utilize services for undertaking of schemes including design, technical \r\nevaluation and monitoring thereof; \r\n \r\n(i) provide and release receipts, guarantees, indemnity bonds, cheques and enter into \r\ncontracts, deeds, instruments, arrangements, joint  ventures and agreements with \r\nany person or grant concessions, for the working of the Authority, for the preparation, \r\nplanning, development, execution, implementation and  maintenance of  schemes \r\nand for carrying out the purposes of this Act; \r\n \r\n(j) to set up agencies, companies, subsidiaries, trusts, societies, associations, \r\njoint­ventures (whether contractual or incorporated) or   any other vehicles for the \r\npurposes of carrying out its objectives; \r\n \r\n(k) incur any expenditure and procure plant, machinery, equipment,  instruments and \r\nnecessary materials; \r\n \r\n(l) plan, approve and execute mergers and amalgamations with other housing schemes \r\n \r\nPage 9 of 25 \r\n \r\nor cooperative housing societies subject to the approval   of the competent authorities \r\nof those housing schemes or housing societies for such merger or amalgamation; \r\n(m) impose, vary, and recover development charges and transfer fees in respect of any \r\nimmovable property within any scheme; \r\n \r\n(n) lease, purchase, procure, sell, exchange, mortgage, rent out or otherwise  dispose of or \r\ndeal with any property under the management and control       of  the Authority; \r\n \r\n(o) cancel or re­plan any scheme or part thereof; \r\n \r\n(p) do all such acts, deeds and things that may be necessary or expedient          for  the purpose \r\nof proper preparation, planning, development, execution, implementation, \r\nmanagement and maintenance of schemes; \r\n \r\n(q) frame, amend or repeal service, conduct of business and other regulations \r\nnecessary for carrying out the purposes of the Act; \r\n \r\n(r) make recommendations to the Patron for prescription of rules under    this Act; \r\n \r\n(s) institute, commence, prosecute, defend, compromise, settle any and   all actions, \r\ndisputes, suits and legal proceedings whether civil or criminal before any court, \r\ntribunal, administrative body or authority; and \r\n \r\n(t) exercise any other power that is necessary for the performance of any function. \r\n \r\n(3) Except where any powers and functions of the Authority are specified   in this Act to be \r\nexercised or performed by the Policy Board or the Patron, all the   powers and discretions of the \r\nAuthority shall be exercised, and the functions and  duties of the Authority shall be performed, by the \r\nChairman. \r\nCHAPTER III \r\n \r\nPATRON, POLICY BOARD AND ADMINISTRATION \r\n \r\n               6. Patron and Policy Board.— (1) The Prime Minister of the Islamic Republic of Pakistan \r\nshall be the Patron of the Authority, who shall review the performance of the Authority and may, from \r\ntime to time, give to the Authority general policy directions to implement the same, subject to the terms \r\nof this Act. \r\n \r\n              (2) The Patron shall, by notification in the official Gazette, constitute the   Policy Board \r\ncomprising not less than five and not more than eleven members (including the Chairman), for a term \r\nof five years. In case of any casual vacancy, a  member (other than the Chairman) may, in the like \r\nmanner, be nominated by the Patron for the remaining unexpired term of the outgoing member. \r\n \r\n              (3) The Chairman shall preside over the meetings of the Policy Board,  however, in his \r\nabsence, a member nominated by the Chairman may so preside. \r\n \r\n               (4)  A member, unless disqualified under this Act from holding office, may be re­appointed by \r\nthe Patron in the above manner, provided that no individual shall  serve for more than two consecutive \r\nterms as a member. \r\n \r\n               (5) Two thirds (2/3rd) of the members, including the Chairman [or his  nominee under \r\n \r\nPage 10 of 25 \r\n \r\nsub­section (3) of this Section 6] present in person or through video­ conference or tele­conference, shall \r\nconstitute the quorum for a meeting of the Policy Board. Subject to quorum, the decisions of the Policy \r\nBoard shall be taken by   majority of the members present and voting, provided that in the event of a tie, \r\nthe          Chairman [or his nominee under sub­section (3) of this Section 6 presiding at such  meeting] shall \r\nhave a second and casting vote. \r\n \r\n              (6) The Policy Board shall meet at least once in every calendar quarter  and a meeting of the \r\nPolicy Board shall be held on such date and at such time and  place, as the Chairman may determine. \r\n \r\n              (7) The Chairman shall appoint a Secretary of the Authority on such terms   and conditions as may \r\nbe prescribed and who shall perform such functions as the Chairman may direct. The Secretary of the \r\nAuthority shall also be the secretary of   the Policy Board and shall maintain or cause to be maintained, \r\nin the prescribed  manner, the record of each meeting of the Policy Board including the minutes of the \r\nmeetings as approved by the Chairman. \r\n \r\n              (8) The Chairman may invite any person other than a member to attend a  meeting of the Policy \r\nBoard for the purposes of advising or assisting the Policy  Board on any agenda item taken up for \r\nconsideration at such meeting. \r\n \r\n              (9) A member may resign from his office at any time by writing under his  hand addressed to the \r\nPatron and such resignation shall be effective from the date   of its acceptance by the Patron. \r\n \r\n              (10) No act or proceeding of the Policy Board shall be invalid merely by    reason of any \r\nvacancy in or defect in the constitution of the Policy Board. \r\n \r\n               7. Disqualification of members. — The Patron shall not nominate a  person as a member, \r\nwho:— \r\n(a) is or at any time, has been convicted of an offence involving moral       turpitude; \r\n \r\n(b) is or, at any time, has been adjudicated as an insolvent; \r\n \r\n(c) is found to be a lunatic or of unsound mind or otherwise physically incapacitated; \r\nor \r\n \r\n(d) is in a situation of irreconcilable conflict of interest with the Authority. \r\n \r\n             8. Removal of a member.— (1) The Patron may remove a member (including the Chairman) \r\nduring the term of office, if such member is:— \r\n \r\n(a) disqualified from being a member; or \r\n \r\n(b) absent from three consecutive meetings of the Policy Board without   leave of  \r\nabsence from the Policy Board; or \r\n \r\n(c) found guilty of misconduct. \r\n \r\n             (2) The Patron shall not remove a member (including the Chairman) under         sub­section (1) without \r\na show cause notice, provision of an opportunity of  hearing  and recording of reasons in writing. \r\n \r\n             \r\n \r\nPage 11 of 25 \r\n \r\n  9. Functions of the Policy Board. — (1) Subject to sub­section (1) of  section 6, the Policy \r\nBoard shall have the responsibility of laying down the policies,           plans and guidelines for carrying out the \r\npurposes of this Act. \r\n              \r\n (2) Without prejudice to the generality of the functions, mentioned in sub­ section (1), the Policy \r\nBoard shall— \r\n \r\n(a) establish and maintain strategic direction of the Authority; \r\n \r\n(b) oversee implementation of strategic objectives of the Authority; \r\n \r\n(c) monitor performance and review achievements of the Authority; \r\n \r\n(d) approve the audited accounts of the Authority; \r\n \r\n(e) arrange for, and oversee, the provision of funds for the Authority; \r\n \r\n(f) approve feasibility studies and proposals for development of scheme  or schemes \r\nin specified areas; \r\n \r\n(g) take measures for capacity building of the Authority for performing its     objectives \r\nunder this Act; and \r\n \r\n(h) transact such other business of the Authority as the Patron or the    Chairman \r\nmay place before it. \r\n              10. Chairman and Acting Chairman. — (1) The Patron shall appoint a       Chairman of the \r\nAuthority on such terms and conditions as may be prescribed. \r\n \r\n              (2) The Chairman shall be a person of sound integrity and competence,  meeting one of the \r\nfollowing:— \r\n(a) that he is a serving or retired officer of the Federal Government in the      BPS­22 or \r\nequivalent; or \r\n \r\n(b) that he is a serving or retired officer of the Armed Forces, not below   the rank of a \r\nLieutenant­General or equivalent; \r\n \r\nExplanation: The serving officers from the civil bureaucracy and the       Armed \r\nForces will be eligible to be appointed as the Chairman on  deputation or \r\nsecondment basis, as per the applicable laws and rules; or \r\n \r\n(c) that he is an experienced professional or business person, not having        less than \r\nthirty years of experience in his field and possesses:— \r\n \r\n(i) a Masters  degree recognized  by the Higher Education  Commission of \r\nPakistan, in the field of accounting, finance,  business administration, \r\nmanagement, commerce, engineering, economics, planning, law; or \r\n \r\n(ii) the qualification of chartered accountancy, cost and management           accountancy, \r\nbarrister­at­law, solicitor. \r\n \r\n              (3) The Chairman shall not be more than sixty two years of age on the date of first appointment \r\nas Chairman. \r\n \r\nPage 12 of 25 \r\n \r\n \r\n                (4) The Patron shall constitute an evaluation committee, comprising a least         one Minister and at \r\nleast two Secretaries, respectively, of the Federal Government, for the purposes of evaluating and \r\nrecommending suitable candidates to the Patron       for appointment as Chairman. For this purpose, the \r\nevaluation committee shall, on behalf of the Patron, solicit applications from candidates through \r\nadvertisement and       recommend at least three names to the Patron. If the Patron is not satisfied with the \r\nrecommendations of the evaluation committee, he may require further  recommendations in the \r\nlike manner. \r\n \r\n               (5) The Chairman shall, subject to this Act, hold office for a term of five  years and may be \r\nre­appointed by the Patron for an additional term of five years. \r\n \r\n  Explanation: In the event of reappointment as Chairman, sub­section (3)          of  this section, shall \r\nnot apply. \r\n             (6) In case of death, resignation or removal of the Chairman the Patron shall, in his discretion, \r\nappoint an Acting Chairman to exercise the powers and  discretions and discharge the functions and \r\nduties of the Chairman under this Act,  till a new Chairman is appointed, which shall be done within \r\nthree months of the occurrence of the vacancy. \r\n \r\n             (7) Immediately upon the notification of establishment of the Authority  under section 4 of this \r\nAct and pending appointment of the first Chairman, the Patron, in his discretion, may appoint an Acting \r\nChairman to exercise the powers and discretions and discharge the functions and duties of the Chairman \r\nunder this Act. \r\n \r\nExplanation: An Acting Chairman, appointed under this Act, shall not be  precluded from \r\nappointment as the permanent Chairman. \r\n \r\n            11. Functions and Powers of Chairman.—The Chairman shall be the chief executive officer \r\nof the Authority responsible for the management, administration and operations of the Authority and, \r\nsubject to the provisions of this        Act, shall exercise all powers and discretions and perform all functions \r\nand duties of  the Authority under the Act. \r\n \r\n            12. Appointments of employees.— (1) The Authority may, in such manner and on such terms \r\nand conditions as may be prescribed by regulations,  appoint, remove and regulate the working of, the \r\nemployees, consultants and advisers  of the Authority as may be necessary for purposes of this Act. \r\n \r\n            1[(2) Appointment by deputation to a post m ay be made by the Authority by selection from \r\namongst the persons holding appointment on regular basis in any ministry, division, department, \r\norganization, etc. of the Federal Government in the same basic pay scale in which the post to be filled \r\nexists, subject to the condition that the person concerned possess es the qualifications and experience \r\nprescribed for initial appointment to the said vacant post and the terms and conditions of such \r\ndeputation shall be such as may be settled prior to such appointment by the Authority with mutual \r\nconsent of the borrowing mi nistry, division, department organization, etc. in accordance with their \r\napplicable rules and regulations for a period as mentioned in the Civil Servants Act, 1973 or rules \r\nmade thereunder.] \r\n \r\n1Subs. by Act No. XXX of 2026, s.3. \r\n \r\n \r\n \r\nPage 13 of 25 \r\n \r\n 13. Delegation of functi ons.—The Chairman may, through a written  order, delegate any \r\npowers, functions or duties of the Authority to any other employee   of the Authority and may at his \r\ndiscretion, through a written order, revoke and rescind such delegation. \r\n \r\n            14. Conflict of interest.—(1) A member of the Policy Board other than  the  Chairman, shall not \r\ndirectly or indirectly receive any remuneration for his position as the member except the reasonable \r\nexpenses incurred by the member in the performance of duties under this Act and such fee for attending \r\nthe meetings as may be prescribed. \r\n \r\n            (2) The pecuniary interests of the immediate family members or close  personal or business \r\nassociates of a member or an employee of the Authority shall  also be considered to be the pecuniary \r\ninterest of the member or employee. \r\n            (3) A member or an employee of the Authority shall be in conflict of interest if the member or \r\nemployee:— \r\n(a) is an employee or a consultant of a business entity that has, or of a trade association \r\nof business entities that have, a substantial pecuniary              interest in any of the functions \r\nof the Authority; \r\n \r\n(b) owns, controls or has directly or indirectly more than ten per cent  equity in a \r\nbusiness entity that has a substantial pecuniary interest in  any of the functions of \r\nthe Authority; \r\n \r\n(c) receives more than twenty­five per cent of his individual income from     a business \r\nentity that has a substantial pecuniary interest in any of the functions of the \r\nAuthority; or \r\n \r\n(d) benefits either directly or indirectly, financially or otherwise, from any other \r\norganization for being the member or employee of the Authority. \r\n \r\n             (4) An employee of the Authority shall disclose a potential, real or perceived  conflict of interest as \r\nsoon as he becomes aware of the potential conflict, to the  Chairman. A member of the Policy Board \r\n(other than the Chairman) shall disclose a        potential, real or perceived conflict of interest as soon as he \r\nbecomes aware of the        potential conflict, before the Policy Board or any of its committees seized of the \r\nmatter. The Chairman shall disclose a potential, real or perceived conflict of interest  as soon as he \r\nbecomes aware of the potential conflict, to the Patron. Any uncertainty or doubt on part of the disclosing \r\nparty with respect to the existence of conflict of  interest shall be decided by the corresponding person \r\nor forum as applicable to whom disclosure is to be made in terms of this sub­section. \r\n \r\n             (5) A member shall not take part in the proceedings of the Policy Board in        which any question \r\nof conflict of interest of the member is on the agenda. \r\n \r\n             (6) The disclosure of conflict of interest and the decision of the Chairman,        Policy Board or the \r\nPatron, as the case may be, shall be specifically recorded in writing and form part of the records of the \r\nAuthority. \r\n \r\n             15. Committees and sub-committees. —(1) The Chairman may constitute committees and \r\nsub­committees and assign specific tasks to the said  committees’ or sub­committees for efficient \r\n \r\nPage 14 of 25 \r\n \r\nperformance of the functions of the Authority. The committees or sub­committees, so constituted, shall \r\nperform their mandated tasks in the manner to be specified by the Chairman. \r\n            (2) A committee or sub­committee may comprise one or more members       of the Policy Board, \r\nemployees of the Authority and/or such experts or persons as         the Chairman may consider appropriate for \r\nthe relevant mandate of the said committee         or sub­committee. \r\n \r\n            (3) The committees or sub­committees, as applicable, shall submit their  reports to the  \r\nChairman. \r\nCHAPTER IV \r\nFEDERAL LAND BANK ETC. \r\n \r\n             16. Federal Land Bank.— (1) The Federal Government, on the recommendation of the \r\nAuthority, shall constitute a Federal Land Bank and for  which it may arrange or procure immovable \r\nproperty for the purposes of a scheme        through any means permissible under law, including provision \r\nof state land by any  government or public department, authority, agency or any corporation or entity  \r\nfalling thereunder, on such terms as may be mutually agreed between the 1[Policy Board]  and the \r\nrelevant transferor or provider; compulsory acquisition; purchase, lease or license through private \r\nagreement or donation by any private party, in the         prescribed manner. \r\n \r\n            (2) For the purposes of the Federal Land Bank, the Federal Government, Provincial \r\nGovernments, Local Governments and all other public departments,  authorities, agencies and all \r\ncorporations and entities falling thereunder shall cooperate       with the Authority to collect information of the \r\nimmovable property owned or possessed        by them and to furnish the same in the manner as prescribed. \r\n \r\n            (3) The information collected under sub­section (2) of this section shall be       compiled and recorded \r\nby the Authority in hardcopies and software containing  requisite  details, maps and geo­graphical location \r\nof the immovable properties. \r\n \r\n            17. Vesting of Property.— Upon arrangement or procurement of immovable properties in \r\nterms of section 16, the relevant immovable property shall,         unless already so vested, vest in and belong to, \r\nthe Federal Government. The Authority       shall, for and on behalf of the Federal Government, possess, \r\ncontrol, manage and deal with all such immovable property for the purposes, and in accordance with the \r\nprovisions, of this Act and any rules or regulations prescribed hereunder. \r\n \r\n           18.  Regulation of Transfers etc.— Dealings with immovable property in a scheme including \r\ntransfer, lease, license or encumbrance of such immovable property may be restricted and controlled \r\nin such manner and on such terms and conditions as may be prescribed under this Act. \r\n \r\nCHAPTER V \r\n \r\nDEVELOPMENT OF SCHEMES AND PROCUREMENTS ETC. \r\n \r\n           19. Development of schemes.— The Authority shall prepare or cause        to be prepared feasibility \r\nstudies for the development of a scheme or schemes and  determine the mode of development \r\naccordingly. \r\n \r\n          20. Procurement, Outsourcing and public private partnership etc.—(1) The Authority may \r\noutsource any of its activities, including development works, through any mode including public private \r\npartnership. \r\n \r\n 1Subs. by Act No. XXX of 2026, s.4. \r\n \r\nPage 15 of 25 \r\n \r\n \r\n (2)  Notwithstanding anything in the Public Private Partnership Authority Act, 2017 (Act No. \r\nVIII of 2017), any rules and regulations made thereunder or any similar laws, the Authority may, by \r\nregulations, prescribe the manner, methods and  procedures for undertaking public private partnerships \r\nunder this Act and such prescribed conditions shall exclusively govern public private partnerships by \r\nthe Authority. \r\n \r\n         (3)  Notwithstanding anything in the Public Procurement Regulatory Authority Ordinance 2002 \r\n(Ordinance No. XXII of 2002), any rules and regulations       made thereunder or any  similar laws, the \r\nAuthority may, by  regulations, prescribe  the manner, methods and procedures for undertaking \r\nprocurements under this Act       and such prescribed conditions shall exclusively govern procurements by the \r\nAuthority. \r\n \r\n          21. Re-development schemes.— (1) The Authority may undertake re­development (including \r\nrenewal, re­construction, or upgradation) of whole or a  part of a scheme. \r\n          (2) The provisions of this Act for development of a scheme shall, with necessary changes, apply \r\nto re­development under sub­section (1). \r\n \r\nCHAPTER VI \r\n \r\nREGISTER OF TITLES \r\n \r\n          22. Registrar.— (1) The Authority may appoint one or more Registrars of titles for a specified \r\narea or part thereof on the terms and conditions as may be prescribed in the regulations. \r\n \r\n          (2) In the course of performance of  his duties under this Act, the Registrar  may exercise the \r\npowers of a civil court under the Code of Civil Procedure, 1908 (as enforced in the Province or territory \r\nof the relevant Registrar) for summoning  any person, document, enforcing attendance of any person or \r\ncompulsory production          of any document or taking statement on oath. \r\n \r\n         23. Record of titles.— (1) The Authority may, in the prescribed manner  maintain the records of \r\ntitles itself or outsource the same in the specified; area or part thereof, to a central depository company \r\nor any other similar entity. \r\n \r\n         (2) The Authority may link the record of titles in the specified area with    the record of the National \r\nDatabase and Registration Authority on mutually agreed  terms and conditions. \r\n \r\n          (3) The Authority shall maintain computerized record of titles which may be exhibited on the \r\nwebsite of the Authority, in the prescribed manner. \r\n \r\n          24. Registration of Properties.— (1) Notwithstanding anything contained    in any other law, the \r\nAuthority, as prescribed, may enter into arrangements to effect          registration and transfer of properties and \r\nmaintain records in relation to any property or part there of falling in a scheme, with Provincial \r\nGovernments, and where applicable,        Local Governments or other bodies. \r\n \r\n         (2) The certificate of title issued by the Registrar shall be deemed to  constitute a title document \r\nof the relevant immovable property. \r\n \r\n         (3) The Registrar shall maintain, accurately and completely the current  facts about each \r\nimmovable property including certificate of title, leasehold rights,        mortgage, an easement, a right of \r\noccupation or any other right or interest which shall be available online on the website of the Authority \r\n \r\nPage 16 of 25 \r\n \r\nwith geo­tagged system, in  such manner as may be prescribed. \r\n \r\n          (4) The Registrar may issue certified copies of certificates of title in the  prescribed manner. \r\n \r\nCHAPTER VII \r\n \r\nHOUSE FINANCE AND MORTGAGES \r\n \r\n           25. House finance for a scheme. — (1) Where house finance has been  provided by a financial \r\ninstitution for immovable property in a scheme pursuant to an  arrangement between the Authority and the \r\nfinancial institution, all disputes between  the financial institution and the relevant borrowers in the scheme \r\nshall, notwithstanding           anything contained in any other law, be adjudicated upon by the Adjudicator. \r\nThe process and requirements for lodging and adjudication of a claim before the Adjudicator  shall be \r\nprescribed through regulations. \r\n \r\n           (2) Any party aggrieved of the final judgment of the Adjudicator under  sub­section (1) may, \r\nwithin thirty days of the final judgment, file an appeal before the Appellate Tribunal. The process and \r\nrequirements for lodging and adjudication  of an appeal before the Appellate Tribunal shall be prescribed \r\nthrough regulations. \r\n \r\n           (3) An appeal to the Supreme Court from a final judgment or order of the        Appellate Tribunal shall \r\nlie only if the Supreme Court grants leave to appeal. \r\n \r\n           26. Process for Mortgage and Auction. — Where house finance for immovable property in a \r\nscheme is or is proposed to be secured through mortgage     of such immovable property, the manner, \r\nmethod and procedure for creation and  registration of such mortgage, determination of liability, \r\nvaluation of mortgaged  property, fixation of reserve price, auction, bidding and sale of mortgaged \r\nimmovable  property shall be as prescribed. \r\n \r\nCHAPTER VIII \r\n \r\nCOMMON PROPERTY \r\n \r\n           27. Common property.— (1) The common property/common areas in a  scheme (including \r\ncommon areas in buildings) shall remain vested in the Federal  Government. The Authority shall \r\ncontrol, manage and deal with all such common           property/common areas for and on behalf of the Federal \r\nGovernment, for the purposes        of this Act. \r\n \r\n           (2) The Authority may delegate and regulate the management of the common property/common \r\nareas in a scheme in the prescribed manner. Without prejudice to the generality of the foregoing, such \r\nprescription may provide for the  establishment (including incorporation), composition, regulation, \r\noperations, powers           and functions and dissolution of management associations by whatever name called. \r\n \r\nCHAPTER IX \r\n \r\nTAXES, FEES AND CHARGES \r\n \r\n            28.  Authority to be exempt from taxation.— (1) Notwithstanding anything contained in any \r\nother law, for a period of five years starting from the date  of notification under sub­section (1) of section \r\n4, the Authority shall be exempt from  income tax. \r\n \r\n            (2) The Federal Government through a notification in the official Gazette   may extend the \r\nexemption mentioned in sub­section (1) of this section to such extent           and on such terms and conditions, \r\n \r\nPage 17 of 25 \r\n \r\nas it may deem fit. \r\n \r\n            29. Authority to collect property tax. — The Authority or, if authorized   by the Authority, \r\nmanagement association shall collect property tax, if any, and the Authority shall enter into an \r\narrangement with the concerned government for sharing         of proceeds of the property tax collected from \r\na scheme. \r\n \r\n            30. Authority to levy fee and charges.— The Authority shall fix fees or  charges for rendering \r\nof any service in a scheme including registration fee, water rate, sanitation fee, solid waste management \r\nfee, development or re­development charge and maintenance fee or any other fees, dues and charges. \r\n \r\n            31. Additional charge or surcharge.— If a person fails to pay a tax,       fee or charge to the \r\nAuthority, the Authority may in the prescribed manner, but  subject to the terms of  arrangement with \r\nthe concerned government, levy and collect       additional charge and surcharge for non­payment of dues \r\nwithin the specified time. \r\nCHAPTER X \r\n \r\nOFFENCES, ENFORCEMENT AND ADJUDICATION \r\n \r\n            32. Penalty.— (1) If a person contravenes any provision of this Act, or any rules or regulations \r\nmade under this Act, he shall, if no other penalty is provided         for such contravention, be punishable with \r\nimprisonment for a term which may extend to one year or with fine which may extend to two hundred \r\nthousand rupees         or with both. \r\n \r\n             (2)  The magistrate competent to try an offence under sub­section (1) may try the offence in a \r\nsummary manner in accordance with the provisions of  sections 260 to 265 of the Code of Criminal \r\nProcedure, 1898 (V of 1898). \r\n \r\n            33. Offences and cognizance.— (1) If a person commits an offence specified in— \r\n \r\n(a) Part­A of the Schedule, such person shall be liable to imprisonment  for a term \r\nwhich may extend to seven years or fine which may extend  to five hundred \r\nthousand rupees or with both and where an accused was directed by the Authority \r\nfor immediate discontinuance of the offence, the court may impose a further fine \r\nwhich may extend to fifty thousand rupees for every day for the period the accused \r\nhas persisted in the offence from the date of its commission; and \r\n \r\n(b) Part­B of Second Schedule, he shall be liable to imprisonment for a  term which \r\nmay extend to three years or fine which may extend to  one hundred thousand \r\nrupees or with both and where an accused was directed by the Authority for \r\nimmediate discontinuance of the offence,  the court may impose a further fine which \r\nmay extend to ten thousand       rupees for every day for the period the accused has \r\npersisted in the offence from the date of its commission. \r\n \r\n            (2) An offence punishable under sub­section (1) shall be cognizable on a          complaint in writing of \r\nan employee authorized by the Authority to the officer incharge of the police station. \r\n \r\n            34. Offences to be cognizable and bailable.— Notwithstanding anything  contained in the Code \r\nof Criminal Procedure, 1898 (Act V of 1898), offences under           this Act shall be bailable and cognizable by \r\nthe magistrate first class on the complaint          of an employee authorized by the Authority. \r\n \r\n           35. Offences by companies.— (1) Where an offence under this Act has   been committed by a \r\n \r\nPage 18 of 25 \r\n \r\ncompany, every person who at the time of commission of offence was in charge of and was responsible \r\nfor the conduct of its activities shall   be deemed to be guilty of the offence and shall be liable to be \r\nproceeded against under this Act. \r\n \r\n           (2) Nothing contained in this section shall render any such person liable if  it is proved that the \r\noffence was committed without the person’s knowledge or that      such person exercised due care to \r\nprevent the commission of the offence. \r\n \r\n             36. Administrative penalties.— (1) An Adjudicator may, in the prescribed manner, issue \r\ndirections to any person for compliance with any provision of this Act,  the rules or regulations within the \r\ntime and in the manner specified in such directions. \r\n \r\n            (2) If a person fails to comply with any direction of the Adjudicator within       such time as may be \r\nspecified in such direction or where violation is declared as grave under the regulations, the Adjudicator \r\nmay pass one or more of the following  orders, namely:— \r\n(a) direct the delinquent person to pay a fine as administrative penalty which may extend \r\nto one hundred thousand Rupees and in case the failure continues, with an additional \r\nfine which may extend to five  thousand Rupees for every day during which such \r\nfailure continues after the direction to pay fine for the first such failure is passed; \r\n \r\n(b) direct initiation of prosecution against the delinquent person for the  offence under \r\nsection 33; \r\n \r\n(c) seal (for a specified or unspecified period) the immovable property  where violation \r\nof this Act, rules or regulations has taken place; \r\n \r\n(d) direct the relevant employee of the Authority, a civic or utility agency to stop or \r\ndiscontinue the provision of municipal or utility services to  the immovable property in \r\noccupation of the delinquent person till such        time as the violation continues; \r\n \r\n(e) direct removal or construction of any structure by the Authority; \r\n \r\n(f) direct the enforcement inspector to dispossess an unauthorized occupant from an \r\nimmovable property and hand over peaceful possession of the property to the person \r\nentitled to the possession of  the property; and \r\n \r\n(g) direct cancellation of lease or allotment of the delinquent person and  resumption of \r\npossession of the immovable property by the Authority. \r\n \r\n           (3) The Adjudicator shall take cognizance of a case on the report of an enforcement inspector or \r\nan employee authorized by the Authority which shall contain          documentary evidence of the violation and \r\nidentification of the delinquent person. \r\n \r\n            (4) The Adjudicator shall not pass any final direction or order without  issuing a show­cause \r\nnotice in writing and affording an opportunity of hearing to the delinquent person, in the prescribed \r\nmanner. \r\n \r\n            37. Administrative penalty and offence.— (1) A person, on whom an administrative penalty \r\nis imposed under section 36, shall not be prosecuted for an        offence in respect of the same incident that \r\ngave rise to imposition of the administrative       penalty unless the Adjudicator directs prosecution of the \r\n \r\nPage 19 of 25 \r\n \r\nperson. \r\n \r\n            (2) A person charged with an offence may also be subject to an administrative  penalty in respect of \r\nthe same incident that gave rise to the charge of the offence. \r\n \r\n            38. Enforcement inspectors.— (1) The Authority shall devise and implement enforcement \r\nplans regarding the observance of this Act, rules and regulations. \r\n \r\n             (2) The Authority shall designate enforcement inspectors for the implementation of the \r\nenforcement plans in such manner as may be prescribed under the regulations. \r\n \r\n             (3) The enforcement inspectors shall exercise such powers, in such manner  and to such extent as \r\nis provided in this Act or as may be prescribed in the rules or  regulations. \r\n \r\n             (4) The Authority may, for discharge of its functions under this Act, seek         assistance and support \r\nfrom law enforcement agencies and other public bodies who shall provide all such assistance and \r\nsupport. \r\n             39. Power to enter.— (1) Subject to any rules or regulations, an enforcement inspector may, \r\nwhenever it is necessary for purposes of this Act and at        all reasonable times, enter upon any immovable \r\nproperty and— \r\n(a) make inspection, survey, measurement, valuation or enquiry; \r\n \r\n(b) take levels; \r\n \r\n(c) dig or bore into sub­soil; \r\n \r\n(d) set out boundaries and intended lines of work; \r\n \r\n(e) mark such levels, boundaries and lines by placing marks and cutting          trenches; \r\n \r\n(f) take electronic or other evidence; and \r\n \r\n(g) do such other acts or things as may be prescribed. \r\n \r\n              (2)  An enforcement inspector shall not enter any immovable property except; \r\n \r\n(a) with the consent of the occupant and with prior written notice specifying  date and time \r\nof inspection; or \r\n \r\n(b) when directed by a court or Adjudicator; or \r\n \r\n(c) without notice to prevent any disaster in an emergency. \r\n \r\n              40. Ejectment of unauthorized  occupants. — (1) Subject to an opportunity of hearing, the \r\nChairman, enforcement inspector or any other authorized     officer of the Authority may summarily eject \r\nany person in unauthorized occupation  of any immovable property under the management or control of \r\nthe Authority and        may for such ejectment use such force as may be necessary. \r\n \r\n             (2) Subject to an opportunity of hearing, the Chairman enforcement  inspector or any other \r\n \r\nPage 20 of 25 \r\n \r\nauthorized officer of the Authority, on his own motion or on  the application of the lawful occupier of \r\nan immovable property, summarily eject    any person in unauthorized occupation of such immovable \r\nproperty in a scheme and         may, for such ejectment, use such force as may be necessary. \r\n \r\n            (3) Nothing contained in sub­sections (1) and (2) shall prohibit the  Chairman, enforcement \r\ninspector or any other authorized officer of the Authority to  proceed against such person on commission \r\nof an offence, as provided in the Act. \r\n \r\n             41. Adjudicator.— (1) The Authority shall appoint one or more Adjudicators        for a specified area \r\nand if the Authority appoints more than one Adjudicators for a specified area, it shall specify \r\njurisdiction of each Adjudicator. The qualifications  and terms and conditions of appointment as \r\nAdjudicator shall be prescribed through  regulations. \r\n \r\n            (2) The Adjudicator shall hear and decide a case referred to him by the  Chairman, Registrar or \r\nan enforcement inspector under this Act, rules or regulations. \r\n             \r\n 42. Inquiry and decision.— (1) The Adjudicator may— \r\n \r\n(a) conduct an inquiry in any case; \r\n \r\n(b) while inquiring into a case, exercise powers of a civil court under the            Code of Civil \r\nProcedure 1908 (Act V of 1908) in respect of  the following          matters: \r\n \r\n(i) summon and enforce attendance of a person, compel a person  to give oral or \r\nwritten evidence on oath and to produce a document or any other material; \r\n \r\n(ii) receive evidence on affidavit; \r\n \r\n(iii) requisition information from any office; and \r\n \r\n(iv) issue summons for witnesses or documents. \r\n \r\n             (2) The Adjudicator shall execute his decisions as if he is a civil court under the Code of Civil \r\nProcedure, 1908 (Act V of 1908) or may direct an enforcement inspector to execute the decision in the \r\nmanner mentioned in the direction. \r\n \r\n             (3) During the course of any proceedings before him, and before passing       a final order, the \r\nAdjudicator may pass such interlocutory orders as he may consider          appropriate in the circumstances. \r\n \r\n             43. Review.— If no appeal is filed under section 45 against any decision      of the Adjudicator, \r\nthe Adjudicator may, at any time, review his decision to correct      any error or on proof of any other \r\nsufficient cause justifying review of the decision. \r\n \r\n             44. Recovery of dues. — (1) If a person fails to pay any amount due to  the Authority or a \r\nmortgagor fails to repay house finance in accordance with Section 25, the Adjudicator shall, on a \r\nreference from an authorized employee of  the Authority or the financial institution, as applicable, \r\nrecover the amount due  from the person or mortgagor as arrears of land revenue under the Land \r\nRevenue Act, 1967 (XVII of 1967). \r\n \r\n               \r\n \r\nPage 21 of 25 \r\n \r\n(2) In exercise of powers under this section, the Adjudicator shall exercise any power of collector \r\nunder the Land Revenue Act, 1967 (XVII of 1967). \r\n \r\n              45. Appeals.— (1) A person aggrieved from any final direction, decision or order of an \r\nAdjudicator may, within thirty days from the date of communication of  the same, file an appeal before an \r\nAppellate Tribunal of the Authority. \r\n \r\n              (2) The Appellate Tribunal shall be constituted and shall discharge its  functions in the \r\nprescribed manner. \r\n \r\n              (3) An appeal to the Supreme Court from a final judgment or order of the Appellate Tribunal \r\nshall lie only if the Supreme Court grants leave to appeal. \r\n \r\n                 46. Bar of jurisdiction.— Notwithstanding anything provided in any other      law for the time \r\nbeing in force, but save as expressly provided in this Act— \r\n \r\n(a) no court or other authority whatsoever shall have jurisdiction to  entertain, or to \r\nadjudicate upon, any matter which the Authority, the          Chairman, the Registrar or \r\na Adjudicator, enforcement inspector or  any other person is empowered by or \r\nunder this Act, or the rules or  regulations framed thereunder, to dispose of or to \r\ndetermine; \r\n \r\n(b) the validity of anything done or an order passed by the Authority, the       Chairman, \r\nthe Registrar or a Adjudicator, enforcement inspector or  any other person \r\nempowered by or under this Act, or the rules or  regulations framed thereunder, \r\nshall not be called in question in any  manner whatever before or by any court or \r\nother authority  whatsoever; and \r\n \r\n(c) no court or other authority whatsoever shall be competent to grant any injunction \r\nor pass any other order in relation to any proceedings  under this Act or any rules \r\nor regulations framed thereunder before  the Authority, the Chairman, the Registrar \r\nor  a  Adjudicator, enforcement  inspector or any other person empowered by or \r\nunder this Act, or the  rules or regulations framed thereunder. \r\n \r\nCHAPTER XI \r\n \r\nFINANCIAL PROVISIONS \r\n \r\n                47. Fund.— (1) The Authority shall establish a fund to be known as Naya Pakistan Housing \r\nand Development Authority Fund to be administered and       controlled by the Authority. \r\n \r\n                (2) The Fund shall consist of— \r\n \r\n(a) funds, loans or grants provided by the Federal Government or a  Provincial \r\nGovernment; \r\n \r\n(b) grants and loans negotiated and raised or otherwise obtained by the Authority; \r\n \r\n(c) fee, charges, rentals, tolls, fines and other moneys received or collected by the \r\n \r\nPage 22 of 25 \r\n \r\nAuthority; \r\n \r\n(d) income from the lease or sale of the property; \r\n \r\n(e) funds from, bonds, sukuk and other forms of finances obtained on the basis of \r\nparticipation term certificate (PLC), musharika certificates, term finance \r\ncertificates (TFC) or any other financial or debt instruments or securities issued \r\nby the authority; and \r\n \r\n(f) all other sums received by the authority. \r\n \r\n               (3) The fine imposed or the fee charged under this Act, the rules or regulations shall, on \r\nreceipt or recovery, be deposited in and shall form part of  Naya Pakistan Housing and Development \r\nAuthority Fund. \r\n \r\n               (4) The Authority shall meet all its expenses from the Fund and shall exercise prudence in its \r\nexpenditures from the Fund. \r\n               48. Bank accounts. — The Authority may open and maintain its bank  accounts at such \r\nscheduled banks as may be prescribed and until so prescribed, as         the Chairman may determine. \r\n \r\n               49. Budget and accounts.— (1) The Chairman shall cause to be prepared  the budget of the \r\nAuthority for each financial year commencing on first day of July       of a year and ending on thirtieth day \r\nof June of the succeeding year. \r\n \r\n              (2) The Chairman shall approve the budget at least forty five days prior to  the commencement \r\nof a financial year. \r\n \r\n              (3) The accounts of the Authority shall be maintained in such manner as         may be prescribed. \r\n \r\n              50. Audit.— (1) The Chairman shall appoint a firm of chartered accountants, which is placed \r\nin category ‘A’ by State Bank of Pakistan, for the annual audit of the accounts of the Authority. \r\n \r\n              (2) The auditors appointed under sub­section (2) shall submit the audit report to the Chairman \r\nand the Chairman shall cause the same to be placed before  the Policy Board for approval. \r\n \r\nCHAPTER XII \r\n \r\nMISCELLANEOUS \r\n \r\n             51. Duty to assist the Authority.— (1) The Authority may in the performance of its functions \r\nseek assistance of any office, authority or agency working under the Federal Government, a Provincial \r\nGovernment or a local government. \r\n \r\n(2) The office, authority or agency shall comply with the direction of the Authority under \r\nsub­section (1) unless, for reasons to be recorded in writing and  within thirty days of the direction, an \r\nofficer not below the rank of head of the office, authority or agency requests the Authority to place the \r\nmatter before the Chairman        whose decision, on such matter, shall be final. \r\n \r\n              \r\n \r\nPage 23 of 25 \r\n \r\n 52. Authentication of instruments of Authority.— All orders, decisions    and other \r\ninstruments of the Authority shall be authenticated by the signature of the  Chairman or any other \r\nemployee of the Authority authorized by the Chairman. \r\n \r\n             53. Annual report.— (1) The Authority shall, within three months of the      end of a financial \r\nyear, submit to the Patron art annual report. \r\n \r\n            (2) The Annual report under sub­section (1) shall consist of.— \r\n \r\n(a) the statement of accounts and audit reports of the Authority; \r\n \r\n(b) a comprehensive statement of the work and activities of the  Authority during the \r\npreceding financial year and its proposed  projects; and \r\n \r\n(c) such other matters as may be prescribed or as the Authority  may consider \r\nappropriate. \r\n \r\n \r\n              54. Public servants.— The Chairman, a member, Adjudicator, enforcement  inspector, Registrar \r\nand an employee, expert or consultant of the Authority shall  when acting or purporting to act in \r\npursuance of any of the provisions of this Act, be  deemed to be public servants within the meaning of \r\nsection 21 of the Pakistan Penal  Code, 1860 (Act XLV of 1860). \r\n \r\n             55. Immunity.—No suit, prosecution or any other legal proceedings shall lie against the \r\nChairman, a member, Adjudicator, enforcement inspector, Registrar or an employee, expert or \r\nconsultant of the Authority, in respect of anything done or  intended to be done in good faith under this \r\nAct. \r\n \r\n             56. Act to prevail over other laws.— (1) In the event of any conflict or  inconsistency between \r\nthe provisions of this Act and the provisions of any other law,  the provisions of this Act shall, prevail to \r\nthe extent of such conflict or inconsistency. \r\n \r\n             (2) If an instrument is required to be registered under this Act as also under any other law, the \r\ninstrument shall only be registered under this Act. \r\n \r\n              57. Rules.— The 1[Federal Government] may, on the recommendation of the Authority  and \r\nby notification in the official Gazette, make rules for carrying out the purposes  of this Act. \r\n \r\n              58. Regulations.— Subject to this Act and any rules prescribed hereunder,  the  Authority  may, \r\nby notification in the official Gazette and publication on its website,         make regulations, to give effect to the \r\nprovisions of this Act. \r\n \r\n             59. Removal of Difficulties.— If any difficulty arises in giving effect to  any provision of this \r\nAct, the Authority may, at any time, make such order, not  inconsistent with provisions of this Act and \r\nany rules made hereunder, as may appear        to it to be necessary for the purpose of removing the difficulty. \r\n \r\n1Subs. by Act No. XXX of 2026, s.5. \r\n \r\n \r\nPage 24 of 25 \r\n \r\n   60. Savings.— Notwithstanding the provisions of this Act, all actions taken  and decisions made \r\nby the Government for providing housing and real estate  development and other activities related to \r\nland and construction through the Naya Pakistan Housing and Development Authority till the \r\nenactment of this Act shall        continue and be deemed to have been validly made under the provisions of \r\nthis Act. \r\n \r\nSCHEDULE \r\n \r\n[see section 33] \r\n \r\nLIST OF OFFENCES \r\n \r\nPart­A \r\n \r\n1. Discharging any dangerous chemical, inflammable, hazardous or  offensive article in \r\nany drain, or sewer, public water­course or land in  a scheme in such manner as causes \r\nor is likely to cause danger to  persons passing by or living or working in the \r\nneighbourhood, or risk or  injury to property or causing harm to the environment. \r\n \r\n2. Failure of industrial or commercial concerns or such property holders         to provide adequate \r\nand safe disposal of affluent or prevention of their  mixing up with the water supply or \r\nsewerage system. \r\nPart­B \r\n \r\n3. Wilfully obstructing any officer or servant of the Authority or any person authorized to \r\nexercise powers conferred under this Act. \r\n \r\n4. Failure to deliver back possession of property to the Authority on  expiration or \r\ncancellation of lease or allotment or exemption of immovable property. \r\n \r\n5. Doing an act without license, approval or permission when the doing  of such act requires \r\na license or permission under any of the provisions          of the Act, the rules or regulations \r\nhereunder. \r\n \r\n6. Violation of the master plan, building plan or sanctioned site development            scheme including \r\nthe plans and schemes sanctioned under the repealed enactments, allotting, selling or \r\nusing the land for the purpose other  than the approved layout plan. \r\n \r\n7. Erection or re­erection of any structure which is not approved or  authorized by the \r\nAuthority. \r\n \r\n8. Changing or converting into any other use any portion of a commercial or residential \r\nbuilding or area specified or earmarked for public parking  or amenities. \r\n \r\n \r\n9. Establishing any parking stand on any property or on any open space            and public park or \r\nland managed, maintained or controlled by the Authority. \r\n \r\n10. Establishing temporary shops or running any restaurant or vending  stalls for eatables, \r\nwooden khokas or any sort of commercial activity         on any road, street, footpath, public \r\nplace, over a drain, or any other   property managed, maintained or controlled by the \r\nAuthority. \r\n \r\nPage 25 of 25 \r\n \r\n \r\n11. Obstructing or tampering with any road, street, drain or sewer pipe or pavement or \r\ntampering with any main pipe, meter or any apparatus or  appliance for the supply of \r\nwater or sewerage system or laying out a           drain or altering any drain in a street or road. \r\n \r\n \r\n12. Connecting any house drain with a drain in a public street without  approval of the \r\nAuthority. \r\n \r\n13. Drawing off, diverting or taking any water except with the permission  required under this \r\nAct, rules or regulations. \r\n \r\n14. Willfully causing damage, or allowing damage to be caused to any  property managed, \r\nmaintained or controlled by the Authority, or which  is intended to be managed, maintained \r\nor controlled by the Authority, or unlawfully converting it to his own or any other \r\nperson’s use. \r\n \r\n15. Refusal or willfully neglecting to provide any officer or servant of the Authority with the \r\nmeans necessary for entering into any premises for the purpose of collecting any \r\ninformation or making an examination or        enquiry in relation to any matter under the Act, \r\nrules or regulations. \r\n \r\n16. Without lawful excuse, failing or refusing to comply with any direction          or order issued by \r\nthe Authority under this Act. \r\n \r\n17. Unauthorized occupation immovable property in a scheme. \r\n \r\n18. Attempting to commit or abetting the commission of an offence  punishable under this \r\nAct. \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  RGN Dated: 07-04-2026",
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