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  "title": "MANAGEMENT AND TRANSFER OF PROPERTIES BY DEVELOPMENT AUTHORITIES ACT 2014",
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  "text": "THE MANAGEMENT AND TRANSFER OF PROPERTIES BY \r\nDEVELOPMENT AUTHORITIES ACT 2014 \r\n(XIX of 2014) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nTRANSFER AND MANAGEMENT \r\n3. Transfer of property \r\n4. Management of property \r\n5. Joint ventures \r\nCHAPTER III \r\nMECHANISMS \r\n6. Ballot \r\n7. Auction \r\n8. Single stage bidding \r\n9. Two-stage bidding \r\n10. Prequalification \r\nCHAPTER IV \r\nTRANSPARENCY \r\n11. Principles of bidding \r\n12. Public notice \r\n13. Public disclosure \r\n14. Geo-referenced inventory \r\n15. Compliance audit \r\n16. Appellate Tribunal \r\n17. Appeal \r\nCHAPTER V \r\nMISCELLANEOUS \r\n18. Categorization \r\n19. Special dispensation \r\n20. Rules \r\n21. Regulations \r\n22. Committees \r\n23. Power to delegate \r\n24.  Repeal and savings \r\n25.  Repeal \r\n \r\nTEXT \r\n1\r\nTHE MANAGEMENT AND TRANSFER OF PROPERTIES BY \r\nDEVELOPMENT AUTHORITIES ACT 2014 \r\n(XIX of 2014) \r\n[26th June, 2014] \r\nAn \r\nAct \r\nto enable the Development Authorities in the Punjab to strategically manage and \r\ntransfer immovable properties. \r\n Whereas it is expedient to manage immovable propertie s of the  \r\nDevelopment Authorities in a manner that furthers Government’s strategic goals, \r\nprevents underutilization of such properties, regulates transfer of properties in a \r\nmanner that realizes its full potential in a fair and transparent manner and, to d eal \r\nwith incidental matters; \r\n It is enacted as follows: \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nManagement and Transfer of Properties by Development Authorities Act 2014. \r\n(2) It extends to the whole of the Punjab.  \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Appellate Tribunal” means the Appellate Tribunal constituted under \r\nsection 16; \r\n(b) “Authority” means Lahore Development Authority, Bahawalpur \r\nDevelopment Authority, Dera  Ghazi Khan Development Authority, an \r\nAuthority established under the Development of Cities Act, 1976 (XIX \r\nof 1976), a Trust established under the Town Improvement Act, 1922 \r\n(IV of 1922) , the Punjab Housing and Town Planning Agency or any \r\nother body or entity notified by the Government; \r\n(c) “destitute” means a disabled person permanently incapacitated, \r\notherwise than in the performance of public duty, and cannot earn his \r\nlivelihood and includes a widow or a minor orphan whose monthly \r\nincome does not exceed such limit as may be prescribed; \r\n(d) “Government” means Government of the Punjab; \r\n(e) “government agency” means a department, attached department of the \r\nGovernment, Federal Government or any other Provincial Government, \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 24 June 2014; assented to by the Governor of the  Punjab on 25 June 2014; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 26 June 2014, pages 4185-4190. \r\na local government or a body corporate or an autonomou s body, \r\nowned or controlled by any of any such Government or a local \r\ngovernment; \r\n(f) “property” means a plot, a building, an immovable property or a site \r\nand includes earth, water, and air, above, below, or on the surface, and \r\nany improvements in the structure  customarily regarded as land, and \r\nbenefits arising out of land, and things attached to earth or permanently \r\nfastened to the earth; \r\n(g) “partner” means a private party or a government agency, with whom an \r\nAuthority enters into an agreement to undertake a joint venture; \r\n(h) “prescribed” means prescribed by rules or regulations made under the \r\nAct; \r\n(i) “private party” means a person, company, entity, firm, association, \r\nbody of individuals, or sole proprietor, other than a government agency; \r\n(j) “project” means a project appro ved for urban development, \r\nredevelopment, or renewal, and includes larger area plan, areas \r\nspecified and notified for special use, traffic control plans, classification \r\nand reclassification plans, a housing scheme or zoning scheme; \r\n(k) “scheme” means a develop ment scheme or housing scheme prepared \r\nby an Authority;  \r\n(l) “transaction” means transfer, disposal or lease of a property and \r\nincludes any contract for purposes of transfer or lease of a property of \r\nan Authority; and \r\n(m) “unsolicited proposal” means a proposal, o ffer or bid submitted by \r\nprivate party for a joint venture not in response to any formal or \r\ninformal request by an Authority. \r\nCHAPTER II \r\nTRANSFER AND MANAGEMENT \r\n3. Transfer of property .– (1) Subject to this section, an Authority shall transfer \r\nits property through open auction, allotment by ballot, or through a joint venture with \r\na partner whereby payment may be received in such instalments as determined by \r\nthe Authority. \r\n(2) An Authority shall categorise and transfer a property up to five marlas \r\nin the following manner: \r\nSr. # Category Percentage \r\n(a) By open auction or ballot, as may be determined by the \r\nAuthority, to the general public. \r\n90% \r\n(b) By ballot to defence personnel who become permanently \r\ndisabled or the legal heirs of the defence personnel who \r\nlay down their lives in the discharge of official duties. \r\n3% \r\n(c) By ballot to such persons who become permanently \r\ndisabled in the performance of functions or voluntary \r\nservices in relation to the affairs of the Government, other \r\nthan police personnel, or the legal heirs of the person who \r\ndie while performing such functions or services. \r\n3% \r\n(d) By ballot to police personnel who become permanently \r\ndisabled in the performance of duties or the legal heirs \r\nof the police personnel who lay down their lives in the \r\ndischarge of duties. \r\n3% \r\n(e) By ballot to a person declared destitute by the \r\nGovernment. \r\n1% \r\n(3) An Authority shall transfer a property mentioned at serial Nos.  (b) to (e) \r\nin subsection (2), if: \r\n(a) all the terms and conditions specified by the Authority f or the allotment \r\nof such category of property stand fulfilled; and \r\n(b) the property is available for transfer in a housing scheme. \r\n(4) An Authority shall not transfer a property under subsection (2) unless \r\nall claims of exemption by the landowners are sati sfied prior to categorization of \r\nproperties under that subsection. \r\n(5) An Authority shall transfer public  amenity and public utility property \r\nincluding property for health, education, mosques and graveyards in such manner \r\nand on such conditions as may be prescribed. \r\n(6) An Authority shall transfer other categories of properties including \r\nresidential, commercial and industrial properties through auction, ballot or through a joint \r\nventure with a partner, as may be prescribed. \r\n4. Management of property.– An Authority may give its property on lease or rent \r\nthrough auction, single or two-stage bidding, or manage through a joint venture with a \r\npartner, on such terms and conditions as may be prescribed. \r\n5. Joint ventures.– (1) An Authority may transfer manage its property by means of a \r\njoint venture with a partner, in which case, the Authority may: \r\n(a) provide equity in the form of la nd, structures, financial investment, \r\ndevelopment works, services, concession of rights, or a combination \r\nthereof; \r\n(b) receive in equi ty from the partner, financial investment, development \r\nworks, services, developed property, structures, or a combination \r\nthereof; and \r\n(c) receive from or share with the partner, financial profit, or property, in \r\nany proportion and combination. \r\n(2)  A propo sal for a joint venture submitted by a private party to an \r\nAuthority together with a written confirmation that it is financially viable shall be \r\ntreated an unsolicited proposal.  \r\n(3) An unsolicited proposal: \r\n(a) shall be accompanied by a feasibility study and a draft agreement; \r\n(b) shall be considered from all aspects, specifically technical, \r\nenvironmental and financial aspects by the Authority and it may seek \r\nadditional information from the party submitting the unsolicited \r\nproposal; and \r\n(c) if approved, sh all be taken to single or two -stage bidding as may be \r\nprescribed, provided that the private party that submitted the \r\nunsolicited proposal is given such preferential weightage in the overall \r\nevaluation as may be prescribed, and also the first right to match  or \r\nimprove the best offer received in response to the bidding.  \r\n(4) The provisions of the Punjab Public Private Partnership Act 2014 (IX of \r\n2014) or any other law on the subject shall not apply to a joint venture project \r\nundertaken under this section \r\n2\r\n[.] \r\n(5) The Authority shall select the partner for a joint venture through open \r\ncompetitive bidding through single or two -stage bidding as may be prescribed but \r\nmay enter into direct contracting through a joint venture with a government agency in \r\npublic interest. \r\n(6) If the party submitting the unsolicited proposal fails to match the best \r\noffer, the Authority shall direct the successful bidder to reimburse to the party that \r\nsubmitted the unsolicited proposal such reasonable cost incurred on the preparation \r\nof the unsolicited proposal as the Authority, after affording an opportunity of hearing \r\nto both the parties, may determine. \r\n(7)  For purposes of undertaking a joint venture, an Authority may \r\nincorporate a company or a special purpose vehicle, to which the Aut hority may \r\ntransfer its property intended for transferor management through joint venture.  \r\nCHAPTER III \r\nMECHANISMS \r\n6. Ballot.– An Authority shall conduct computerised ballot for public for the \r\ntransfer of property by registering, through public invitation,  applicants in advance \r\nand on receipt of such application fee as may be prescribed. \r\n7. Auction.– An Authority shall conduct ascending auction after registering in \r\nadvance and through public invitation the interested bidders and on receipt of such \r\nearnest money as may be prescribed. \r\n8. Single stage bidding .– (1) An Authority shall conduct bidding by receiving \r\nsealed technical and commercial proposals separately from each bidder, and after \r\ninitially evaluating the technical proposal on the criteria announced in advance, \r\nwithout opening the commercial proposal. \r\n(2) The Authority shall open the commercial proposals of only those \r\nbidders whose technical proposals have been approved and select the bidder \r\nmaking the best commercial offer. \r\n                                                 \r\n2Not printed in the original Gazette. \r\n9. Two-stage bidding.– (1) An Authority shall conduct the first stage of bidding \r\nby receiving sealed proposals containing a development option along with a \r\nbusiness plan of the proposed development on the basis of prior publication of basic \r\ninformation necessary to create a proposal. \r\n(2) The Authority shall select the best development proposal from the \r\nmultiple options proposed and adopt it as the criteria, after necessary modifications, \r\nfor the second stage of the bidding.  \r\n(3) The Authority shall conduct the second stage of the bi dding in the \r\nmanner of single -stage bidding as prescribed in section 8, provided that the b idder \r\nwhose proposal was selected under subsection(2) shall be allowed first right to \r\nmatch or improve the best commercial offer. \r\n10. Prequalification.– (1) An Authority may prequalify bidders in case of single or \r\ntwo stage bidding based on their legal, technical, managerial, or financial capacity, or \r\na combination thereof, provided that criteria for prequalification is published in \r\nadvance. \r\n(2) In case the process of  prequalification is adopted, the prequalified \r\nbidders alone shall be entitled to participate in the subsequent competition.  \r\n(3) If the prequalified bidder retains the lead role, he may form an \r\nassociation, alliance, joint venture, consortium, or any othe r form of partnership with \r\nany other person or non-prequalified bidder for submitting the bid. \r\nCHAPTER IV \r\nTRANSPARENCY \r\n11. Principles of bidding .– An Authority, while engaging in open competitive \r\nbidding, shall ensure that the bidding is conducted in a fai r and transparent manner \r\nwhich results in the best return to the Authority. \r\n12. Public notice.– An Authority shall give at least fifteen days prior public notice \r\nof any intended transaction by publishing it in at least two leading newspapers \r\nprinted in English and Urdu, as well as on its website. \r\n13. Public disclosure.– (1) An Authority shall publish results of a transaction on \r\nits website within ten days of the execution of the transaction. \r\n(2) An Authority shall publish an annual digest of the potential t ransactions \r\nthat are available with the authority. \r\n(3) The digest shall be available for sale at such price as the Authority may \r\nfix amongst other things to defray the cost on the publication and sale of the digest. \r\n(4) An Authority shall make public the p roceedings relating to all the \r\ntransactions along with related documents and shall maintain such records of \r\ntransactions for a minimum period of five years or for such additional period as the \r\nAuthority may determine. \r\n14. Geo-referenced inventory.– (1) An Authority shall maintain a geo-referenced \r\ninventory of its property with valuation, usage, and any income being earned from \r\nthe properties.  \r\n(2) An Authority shall publish the geo -referenced inventory on its website \r\nand shall annually update the inventory at the end of each fiscal year.  \r\n15. Compliance audit.– An Authority shall carry out an annual third-party audit of \r\neach transaction for evaluating regulatory and procedural compliance of the \r\ntransaction and shall take appropriate remedial and other necess ary action in the \r\nlight of the audit report. \r\n16. Appellate Tribunal.– (1) The Government shall, by notification in the official \r\nGazette, constitute an Appellate Tribunal. \r\n(2) Any person aggrieved from a final order passed by an officer, authority \r\nor agency of an Authority regarding transfer, lease or any other matter consequential \r\nthereto may, within fifteen days from the date of receipt of the order, prefer an appeal \r\nagainst the order to the Appellate Tribunal. \r\n(3) The Government may, in the prescribed man ner, regulate the \r\nprocedure and proceedings before the Appellate Tribunal. \r\n17. Appeal.– Any person aggrieved from a final order passed by the Appellate \r\nTribunal may, within thirty days, prefer an appeal against the order to the Lahore \r\nHigh Court. \r\nCHAPTER V \r\nMISCELLANEOUS \r\n18. Categorization.– (1) At the time of sanction of a scheme, an Authority shall: \r\n(a) categorize the properties or plots in the scheme as residential, \r\ncommercial, industrial, public building or public amenity properties and \r\nsuch other category as may be prescribed; and \r\n(b) indicate the  number of properties or plots, area covered by the \r\nproperties or plots and any public utility areas in the scheme. \r\n(2) An approved scheme shall not be altered or amended except with the \r\nprior approval of the Authority. \r\n19. Special dispensation .– Notwithstanding anything contained in this Act, the \r\nGovernment may, in such special circumstances as may be prescribed, allow \r\ntransfer or lease of a property in such manner, at such rate and on such terms and \r\nconditions as it may determine. \r\n20. Rules.– The Government may make rules for carrying out the purposes of \r\nthis Act. \r\n21. Regulations.– An Authority may, subject to this Act and the rules, make \r\nregulations for carrying out the purposes of the Act. \r\n22. Committees.– An Authority may constitute such financial, technical and \r\nadvisory committees as may be deemed necessary for carrying out the purposes of \r\nthis Act and the committee shall exercise such powers and perform such functions \r\nas may be delegated or assigned by the Authority or as may be prescribed. \r\n23. Power to delegate.– An Authority may, subject to such conditions as may be \r\nprescribed, delegate any of its functions under this Act to an officer of the Authority, \r\nor a committee, or an agency, or a company, or a speci al purpose vehicle legally \r\nestablished by the Authority, except the power to make regulations, approve the \r\nbudget or a scheme or a joint venture. \r\n24.  Repeal and savings .– (1) The Disposal of Land by Development Authorities \r\n(Regulation) Act 1998 (XII of 1998) is hereby repealed. \r\n(2)  The repealing of the Act under subsection (1) shall not: \r\n(a) revive anything not in force or existing at the time when the repeal takes \r\neffect;  \r\n(b) affect anything done, action taken, orders passed, instruments made, \r\nnotifications issued, proceedings initiated by an Authority under the \r\nrepealed Act; or \r\n(c) affect any obligation or liability acquired, accrued or incurred under the \r\nrepealed Act; or \r\n(d) affect any proceeding instituted, continued or enforced under the repealed \r\nAct, and any such proceeding instituted, continued or enforced under the \r\nrepealed Act, shall be deemed to be instituted, continued or enforced under \r\nthis Act. \r\n25.  Repeal.– The Management and Transfer of Properties by Development \r\nAuthorities Ordinance 2014 (III of 2014) is hereby repealed.",
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