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CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976

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THE CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976 (XIV of 1976)

TEXT 1THE CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976 (XIV of 1976) [21st July, 1976] An Act to provide for the establishment of Cholistan Development Authority. Preamble.– WHEREAS it is expedient to establish an authority for the speedy development and better administration of Cholistan area of Bahawalpur Division;

It is hereby enacted as follows:– CHAPTER-I PRELIMINARY

Section 1. Short title, extent and commencement

(1) This Act may be called the Cholistan Development Authority Act, 1976.

(2) It shall extend to such area as may be notified as Cholistan Area by the Government.

(3) It shall come into force at once.

Section 2. Alterations of boundaries

The boundaries of the Cholistan area may, from time to time, be altered by the Government through a notification in the official Gazette.

Section 3. Definitions

(1) In this Act, unless the context otherwise requires,–

(a) “Authority” means the Cholistan Development Authority established under this Act;

(b) “Chairman” means Chairman of the Authority;

(c) “Government” means Government of the Punjab;

(d) “Managing Director” means the Managing Director of the Authority;

(e) “Member” means a member of the Authority;

(f) “Prescribed” means prescribed by rules;

(g) “Specified” means specified by Government through written instructions; and

(h) “Rules” means Rules made under this Act.

(2) Words and expressions used but not defined in this Act shall, unless the context otherwise requires, have the same meanings as are assigned to them in the Punjab Land Revenue Act, 1967.

1This Act was passed by the Punjab Assembly on 7th July, 1976; assented to by the Governor of the Punjab on 21st July, 1976; and, published in the Punjab Gazette (Extraordinary), dated 21st July, 1976, pages 2034-2043.

CHAPTER-II ORGANIZATION

Section 4. Establishment and Constitution

(1) As soon as may be, after the commencement of this Act, the Government shall, by notification in the official Gazette, establish an Authority known as the Cholistan Development Authority.

(2) The Authority shall be a body corporate, and shall have the power to acquire and hold property, both movable and immovable, and shall have perpetual succession and a common seal and shall by the said name, sue and be sued.

(3) The Authority shall consist of:-

(a) a Minister nominated by the Government;

Chairman.

(b) three members 2[including at least one female member] from Bahawalpur Division from amongst the Members of the Provincial Assembly of the Punjab or the National Assembly of Pakistan nominated by the Government;

Members.

(c) Commissioner, Bahawalpur Division, Bahawalpur; Member.

(d) Chief Engineer, Irrigation, Bahawalpur;

Member.

(e) Superintending Engineer, Public Health Engineering, Bahawalpur 3[;] Member.

(f) Conservator of Forests, Bahawalpur;

Member.

(g) Deputy Director Agriculture, Bahawalpur; Member.

(h) Deputy Director, Livestock, Poultry and Dairy Development, Bahawalpur;

Member.

(i) Deputy Registrar, Co-operative Societies, Bahawalpur; and Member.

(j) Managing Director. Member/Secretary.

(4) Government may by notification in the official Gazette alter, increase or decrease the membership of the Authority.

(5) The Members, except the ex-officio Members shall, unless replaced earlier, hold office for a term of three years; provided that a Member ceasing to hold a public office by virtue of which he became such Member shall cease to be such member, notwithstanding that the terms of three years has not expired.

(6) A Chairman or a Member of the Authority may resign his office by submitting his resignation to the Government in writing.

(7) No act or proceedings of the Authority shall be invalid merely by reason of any vacancy or defect in the constitution of the Authority.

[4] Section 4A. Vice Chairman

(1) The Government may designate a member as Vice- Chairman of the Authority.

2Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014); and published in the Gazette of Punjab (Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.18.

3Not printed in the original Gazette.

(2) The Vice Chairman shall perform such functions including the functions of the Managing Director as may be assigned to him by the Authority.]

Section 5. Managing Director

(1) The Managing Director shall be the principal executive officer of the Authority and shall be appointed by the Government for a period of three years on such terms and conditions as may be determined by Government.

(2) The Managing Director shall,–

(a) be a whole time officer of the Authority;

(b) perform such duties as may be specified by Government or assigned to him by the Authority;

(c) on the expiry of his term of office continue to perform his functions for a period of three months or till such time as his successor is appointed whichever is earlier; and

(d) receive such salary and allowances as Government may determine.

(3) Nothing contained in this section shall preclude the Government from extending the term of office of a Managing Director for such period as Government may determine.

Section 6. Disqualifications of Managing Director

No person shall be appointed as Managing Director or shall continue to be a Managing Director who–

(a) is or at any time has been, convicted of an offence involving moral turpitude;

(b) is or at any time has been, disqualified for appointment in or dismissed from Government service;

(c) is, or at any time has been adjudged insolvent;

(d) is found to be a lunatic or becomes of unsound mind;

(e) is not a citizen of Pakistan; or

(f) is less than twenty-five years of age.

Section 7. Removal of Managing Director

The Government may, by order in writing, remove the Managing Director, after giving him an opportunity of being heard, if he–

(a) refuses or fails to discharge, or becomes, in the opinion of Government, incapable of discharging his responsibilities under this Act;

(b) has, in the opinion of Government, abused his position as Managing Director; or

(c) has knowingly acquired or continues to hold, without the permission in writing of the Government, directly or indirectly or through a partner any share or interest in any contract or employment or in any property,

4Added by the Cholistan Development Authority (Amendment) Act, 1999 (XIII of 1999); and published in the Punjab Gazette (Extraordinary), dated 4.9.1999, s.2.

which, in his knowledge, is likely to benefit or has benefitted him as a result of the operations of the Authority.

Section 8. Resignation by or removal of Managing Director

Notwithstanding anything contained in this Act, the Managing Director may at any time before the expiry of his term and upon three months’ notice, resign his office or upon similar notice, be removed from office by Government without assigning any reason:

Provided that Government may upon payment of three months’ salary and allowances in lieu of notice, remove a Managing Director immediately without assigning any reason.

Section 9. Delegation of powers

The Authority may, by general or special order, delegate to the Chairman, Managing Director, or any member, officer, advisor, expert or employee of the Authority any of its powers, duties or functions under this Act or the rules made thereunder, subject to such conditions as it may deem fit to impose.

Section 10. Appointment of Officers

The Authority may subject to such general or special orders, as Government may give, appoint such officers, advisors, experts or employees as may be necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.

Section 11. Headquarters of Authority

The Headquarters of the Authority shall be at Bahawalpur.

CHAPTER III

CONDUCT OF BUSINESS

Section 12. Financial and Technical Advisory Committees

The Authority may constitute such financial, technical and advisory committees as may be deemed necessary for carrying out the purposes of this Act.

Section 13. Meetings of the Authority

(1) The meetings of the Authority shall be held at such time and place as may be prescribed:

Provided that until rules are made in this behalf, meetings shall be held at such time and place as may be determined by the Chairman.

(2) The quorum required for transacting business at a meeting of the Authority shall be four, one of whom shall be an official member.

(3) Each member, including the Chairman, shall have one vote but in the event of equality of votes, the Chairman shall have a casting vote.

5[(4) The meetings of the Authority shall be presided over by the Chairman and in his absence by the Vice-Chairman and in the absence of both by the member of the Authority elected for the purpose by the members present from amongst themselves.]

(5) No act or proceedings of the Authority shall be invalid on the ground of the existence of any vacancy in or any defect in the Constitution of the Authority.

5Substituted by the Cholistan Development Authority (Amendment) Act, 1999 (XIII of 1999); and published in the Punjab Gazette (Extraordinary), dated 4.9.1999, s.3.

(6) The Authority shall frame its own regulations for the conduct of its meetings.

Section 14. Power to associate other persons for assistance or advice

The Authority may associate with itself any person in such manner and on such terms and for such period as it may deem fit, whose assistance or advice it may require in carrying out the provisions of this Act:

Provided that a person so associated shall not have right to vote and shall not be deemed to be a member of the Authority for that or any other purpose.

CHAPTER IV

FUNCTIONS POWERS AND DUTIES

Section 15. Functions of the Authority

Subject to such conditions as Government may impose, the Authority may undertake any work for any or all of the functions detailed below within the area of its jurisdiction:–

(a) The breaking up, cultivation, afforestation, plantation, levelling or reclamation of land for the production of foodgrains, fruits, vegetables, fuel, fodder and the like;

(b) to grant land to any person on any conditions it thinks fit and for that purpose issue statement or statements of conditions;

(c) to provide means of irrigation and irrigational channels;

(d) to provide drinking water for human beings and cattle;

(e) to carry out extensive ground water survey to locate sweet water points and sinking of wells and tubewells for drinking and irrigation purposes;

(f) the lay out and construction of town, mandi villages and settlements and their up-keep and development;

(g) the provision of communication facilities, including the lay out and construction of roads and parks;

(h) the provision of livestock farms, dairy farms, sheep farms, poultry farms, etc;

(i) the installation and management, maintenance and encouragement of public utility undertakings, rural trades and crafts, industries and works;

(j) arrangements for the marketing of the produce and goods of Cholistan;

(k) the conservation, preservation of forests, and multiplication of wildlife and natural vegetation and exploration of mineral resources of Cholistan;

(l) the doing of all acts intending to promote health, well-being and prosperity of the residents of Cholistan and their cattle heads and establishment of civil and veterinary hospitals and dispensaries;

(m) the establishment of educational institutions;

(n) to advance loans to the owners, occupiers or tenants of land upon such terms and conditions as may be prescribed for breaking up and cultivation of lands, construction of water courses, sinking of wells and

tube-wells, purchase of cattle and of agricultural implements and machinery, seed and fodder, cattle farm, construction of houses, godowns, and cattle sheds, and for any other purpose allied or subsidiary to agriculture;

(o) to promote and undertake, research on any matter;

(p) for any other matter with the permission of the Government, which may be deemed necessary to promote the general efficiency of a scheme and for the development of Cholistan;

(q) to promote tourism and establishment of national parks, holiday camps and villages; and

(r) to undertake any function which the Government may assign to it:

6[Provided that while undertaking the function under clause (f) provision of a plot or plots for construction of mosque shall be made.]

Section 16. Powers and duties of the Authority

(1) Subject to such rules as may be framed, the Authority shall have full powers to:–

(a) incur expenditure for the improvement and development of Cholistan or for completion of any work, plan or scheme undertaken by it within the area of its jurisdiction; and

(b) enter into and perform all such contracts as it may consider necessary or expedient for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the powers conferred under sub- section (1) the Authority may:–

(i) with approval of the Government grant land to any person on any condition it thinks fit and for this purpose issue a statement or statements of conditions on which the Authority is willing to grant land;

(ii) resume land so granted or in the alternative impose a penalty not exceeding Rs.500 when the tenant is proved to the satisfaction of the authority to have committed a breach of the conditions of the tenancy and shall resume the grant so made if the land forming the subject matter of the grant was acquired by mis-representation or concealment of true facts:

Provided that before an order under clause (ii) above is made, the tenant shall be given an opportunity to appear and state his objections:

Provided further that, in a case of resumption, the tenant shall be liable to restore possession of the land to the Authority forthwith, but shall be entitled to compensation for the standing crops and for improvements made by him during his tenancy;

(iii) take over and manage Government lands or any other assets and property on such terms and conditions as may be agreed upon between the Authority and the Government;

6Added by the Cholistan Development Authority (Amendment) Ordinance, 1984 (XXXVI of 1984); and published in the Punjab Gazette (Extraordinary), dated 17.12.1984, s.2.

(iv) regulate by general or special order,–

(a) the use of land and restrict or prohibit the carrying of any offensive or any unwholesome trade or construction of buildings or structures;

(b) clearing or breaking up of land for cultivation;

(c) the quarrying of stone and the burning of lime and charcoal;

(d) the admission, herding, parking and retention of cattle;

(e) the filling, girdling, looping, taping, or burning of any tree, timber or vegetable; and

(f) the kindling, keeping or carrying of any fire;

(v) undertake breaking up of land, planting of trees, construction of water courses and do all necessary acts to bring land vested in it under cultivation;

(vi) advance money either by way of grant or by way of loan or partly by way of grant and partly by way of loan to any person in furtherance of the objects of this Act on such terms and conditions as may be prescribed.

Section 17. Transfer of functions to different Government Departments or autonomous Bodies

The Authority may, with the approval of the Government, and if the Government so directs, shall, transfer any of its functions and powers to a department of the Government or a semi-autonomous Body or Local Authority on such terms and conditions as may be determined by Government or agreed upon between the parties.

Section 18. Development work is to be undertaken with the approval of Authority

(1) No person or a Government agency shall continue or undertake any development work or a project within the area of jurisdiction of the Authority without the prior approval of the Authority in writing.

(2) The Authority may require a Government agency or a local body to undertake any specific developmental activity in the Cholistan area and to ensure its compliance failing which the Authority may take over such developmental activity and complete itself.

CHAPTER V

FINANCES

Section 19. Cholistan Development Authority Fund

(1) There shall be formed a fund to be known as “Cholistan Development Authority Fund” which shall vest in the Authority and shall be utilised by the Authority in connection with its functions under this Act including the payment of salaries and other remunerations to the members, officers, servants, experts and consultants of the Authority.

(2) The fund shall consist of–

(a) Grants-in-aid by the Government or Federal Government;

(b) Loans obtained from the Government;

(c) Loans obtained from the State Bank of Pakistan or scheduled banks with special or general sanction of the Government;

(d) Foreign Aid/loans obtained through the Government;

(e) All fees, rates and service charges received by the Authority;

(f) Sale proceeds by way of disposal of assets of the Authority; and

(g) All other money received by the Authority.

Section 20. Power to borrow money

The Authority shall be deemed to be a Local Authority under the Local Authorities Loans Act, 1914 (Act No. IX of 1914) for the purpose of borrowing money, under the said Act:

Provided that no local or foreign loans shall be obtained by the Authority without the prior sanction of the Government.

Section 21. Power to levy tax

The Authority may with the previous sanction of the Government levy rates, fees and charges to cover expenses for the development of the Cholistan area.

Section 22. Budget

The Authority shall prepare its annual budget estimates and submit the same to the Provincial Government by the end of the month of March preceding the commencement of the financial year to which it relates and the Provincial Government may modify the said estimates to such extent as it may consider necessary.

Section 23. Audit

(1) The Auditor General shall audit and check the accounts of the Authority at least once in a financial year.

(2) The Authority shall produce all accounts, books and connected documents and furnish such explanation and information as the Auditor-General or any officer authorised by him in this behalf, may require at the time of audit.

(3) The statement of audit and accounts referred to in sub-section (1) shall be furnished to Government by the Authority within a period of 3 months after close of financial year.

Section 24. Accounts

The Authority shall maintain complete and accurate accounts and other relevant record including the Annual Statement of accounts showing profit and loss accounts in such form as be prescribed.

CHAPTER VI

MISCELLANEOUS

Section 25. Power to make rules

(1) Subject to the provisions of this Act, Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for any of the matters incidental, consequential or supplemental to the provisions of this Act.

Section 26. Reports

(1) The Authority shall furnish to Government such reports as may be required by Government from time to time.

(2) 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.

Section 27. Members and officials to be public servants

The Chairman, Members, Managing Director, other officers, advisers, experts and employees of the Authority shall when acting or purporting to act in pursuance of any provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code 1860.

Section 28. Bar of jurisdiction

No court shall have jurisdiction in any matter relating to the disposal of estate land vesting in the Authority and no order passed or proceedings taken by the Authority, its Chairman or any officer shall be called into question in any court of Law.

Section 29. Recovery of sums due to Authority

All sums due to the Authority under an award of an arbitrator or decree of any court in respect of a contract or a tenancy granted under the provisions of this Act or rules and conditions made or issued thereunder and all sums due on account of penalty shall be recoverable as arrears of Land Revenue.

Section 30. Immunity of the Authority and its employees

No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairman, the Managing Director, any Member, Officer, Expert, Consultant or employee of the Authority, in respect of any thing done or intended to be done in good faith under this Act.

Print contents from the source
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Alterations of boundaries 
3. Definitions 
CHAPTER II 
ORGANIZATION 
4. Establishment and constitution 
4A. Vice Chairman 
5. Managing Director 
6. Disqualifications of Managing Director 
7. Removal of Managing Director 
8. Resignation by or removal of Managing Director 
9. Delegation of powers 
10. Appointment of Officers 
11. Headquarters of Authority 
CHAPTER III 
CONDUCT OF BUSINESS 
12. Financial and Technical Advisory Committees 
13. Meetings of the Authority 
14. Power to associate other persons for assistance or advice 
CHAPTER IV 
FUNCTIONS POWERS AND DUTIES 
15. Functions of the Authority 
16. Powers and duties of the Authority 
 
17. Transfer of functions to different Government D epartments or 
autonomous Bodies 
18. Development work is to be undertaken with the approval of Authority 
CHAPTER V 
FINANCES 
19. Cholistan Development Authority Fund 
20. Power to borrow money 
21. Power to levy tax 
22. Budget 
23. Audit 
24. Accounts 
CHAPTER VI 
MISCELLANEOUS 
25. Power to make rules 
26. Reports 
27. Members and officials to be public servants 
28. Bar of jurisdiction 
29. Recovery of sums due to Authority 
30. Immunity of the Authority and its employees
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THE CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976 
(XIV of 1976) 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Alterations of boundaries 
3. Definitions 
CHAPTER II 
ORGANIZATION 
4. Establishment and constitution 
4A. Vice Chairman 
5. Managing Director 
6. Disqualifications of Managing Director 
7. Removal of Managing Director 
8. Resignation by or removal of Managing Director 
9. Delegation of powers 
10. Appointment of Officers 
11. Headquarters of Authority 
CHAPTER III 
CONDUCT OF BUSINESS 
12. Financial and Technical Advisory Committees 
13. Meetings of the Authority 
14. Power to associate other persons for assistance or advice 
CHAPTER IV 
FUNCTIONS POWERS AND DUTIES 
15. Functions of the Authority 
16. Powers and duties of the Authority 
 
17. Transfer of functions to different Government D epartments or 
autonomous Bodies 
18. Development work is to be undertaken with the approval of Authority 
CHAPTER V 
FINANCES 
19. Cholistan Development Authority Fund 
20. Power to borrow money 
21. Power to levy tax 
22. Budget 
23. Audit 
24. Accounts 
CHAPTER VI 
MISCELLANEOUS 
25. Power to make rules 
26. Reports 
27. Members and officials to be public servants 
28. Bar of jurisdiction 
29. Recovery of sums due to Authority 
30. Immunity of the Authority and its employees 
 
TEXT 
1
THE CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976 
(XIV of 1976) 
[21st July, 1976] 
An 
Act 
to provide for the establishment of Cholistan Development Authority. 
Preamble.– WHEREAS it is expedient to establish an authority for the speedy 
development and better administration of Cholistan area of Bahawalpur Division; 
 It is hereby enacted as follows:– 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement. – (1) This Act may be called the 
Cholistan Development Authority Act, 1976. 
 (2) It shall extend to such area as may be notified as Cholistan Area by the 
Government. 
 (3) It shall come into force at once. 
2. Alterations of boundaries.– The boundaries of the Cholistan area may, from 
time to time, be altered by the Government through a notification in the official 
Gazette. 
3. Definitions.– (1) In this Act, unless the context otherwise requires,– 
(a) “Authority” means the Cholistan Development Authority established 
under this Act; 
(b) “Chairman” means Chairman of the Authority; 
(c) “Government” means Government of the Punjab; 
(d) “Managing Director” means the Managing Director of the Authority; 
(e) “Member” means a member of the Authority; 
(f) “Prescribed” means prescribed by rules; 
(g) “Specified” means specified by Government through written 
instructions; and 
(h) “Rules” means Rules made under this Act. 
 (2) Words and expressions used but not defined in this Act shall, unless 
the context otherwise requires, have the same meanings as are assigned to them in 
the Punjab Land Revenue Act, 1967. 
                                                 
1This Act was passed by the Punjab Assembly on 7th July, 1976; assented to by the Governor of the Punjab on 21st July, 
1976; and, published in the Punjab Gazette (Extraordinary), dated 21st July, 1976, pages 2034-2043. 
 
CHAPTER-II 
ORGANIZATION 
4. Establishment and C onstitution.– (1) As soon as may be, after the 
commencement of this Act, the Government shall, by notification in the official 
Gazette, establish an Authority known as the Cholistan Development Authority. 
 (2) The Authority shall be a bo dy corporate, and shall have the power to 
acquire and hold property, both movable and immovable, and shall have perpetual 
succession and a common seal and shall by the said name, sue and be sued. 
 (3) The Authority shall consist of:- 
(a) a Minister nominated by the Government; Chairman. 
(b) three members 
2
[including at least one female 
member] from Bahawalpur Division from amongst 
the Members of the Provincial Assembly of the 
Punjab or the National Assembly of Pakistan 
nominated by the Government; 
Members. 
(c) Commissioner, Bahawalpur Division, Bahawalpur; Member. 
(d) Chief Engineer, Irrigation, Bahawalpur; Member. 
(e) Superintending Engineer, Public Health 
Engineering, Bahawalpur 
3
[;] 
Member. 
(f) Conservator of Forests, Bahawalpur; Member. 
(g) Deputy Director Agriculture, Bahawalpur; Member. 
(h) Deputy Director, Livestock, Poultry and Dairy 
Development, Bahawalpur; 
Member. 
(i) Deputy Registrar, Co-operative Societies, 
Bahawalpur; and 
Member. 
(j) Managing Director. Member/Secretary. 
 (4) Government may by notification in the official Gazette alter, increase or 
decrease the membership of the Authority. 
 (5) The Members, except the ex-officio Members shall, unless replaced 
earlier, hold office for a term of three years; provided that a Member ceasing to hold 
a public office by virtue of which he became such Member shall cease to be such 
member, notwithstanding that the terms of three years has not expired. 
 (6) A Chairman or a Member of the Authority may resign his office by 
submitting his resignation to the Government in writing. 
 (7) No act or proceedings of the Authority shall be invalid merely by reason 
of any vacancy or defect in the constitution of the Authority. 
4
[4A. Vice Chairman .– (1) The Government may designate a member as Vice -
Chairman of the Authority. 
                                                 
2Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014 ); and published in the Gazette of Punjab 
(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.18. 
3Not printed in the original Gazette.  
 
 (2) The Vice Chairman shall perform such functions including the functions 
of the Managing Director as may be assigned to him by the Authority.] 
5. Managing Director .– (1) The Managing Director shall be the principal 
executive officer of the Authority and shall be appointed by the Government for a 
period of three years on such terms and conditions as may be determined by 
Government. 
 (2) The Managing Director shall,– 
(a) be a whole time officer of the Authority; 
(b) perform such duties as may be specified by Government or assigned to 
him by the Authority; 
(c) on the expiry of his term of office continue to perform his functions for a 
period of three months or till such time as his successor is appointed 
whichever is earlier; and 
(d) receive such salary and allowances as Government may determine. 
 (3) Nothing contained in this section shall preclude the Government from 
extending the term of office of a Managing Director for such period as Government 
may determine. 
6. Disqualifications of Managing  Director.– No person shall be appointed as 
Managing Director or shall continue to be a Managing Director who– 
(a) is or at any time has been, convicted of an offence involving moral 
turpitude; 
(b) is or at any time has been, disqualified for appointment i n or dismissed 
from Government service; 
(c) is, or at any time has been adjudged insolvent; 
(d) is found to be a lunatic or becomes of unsound mind; 
(e) is not a citizen of Pakistan; or 
(f) is less than twenty-five years of age. 
7. Removal of Managing Dire ctor.– The Government may, by order in writing, 
remove the Managing Director, after giving him an opportunity of being heard, if he– 
(a) refuses or fails to discharge, or becomes, in the opinion of 
Government, incapable of discharging his responsibilities under this 
Act; 
(b) has, in the opinion of Government, abused his position as Managing 
Director; or 
(c) has knowingly acquired or continues to hold, without the permission in 
writing of the Government, directly or indirectly or through a partner any 
share or interest in any contract or employment or in any property, 
                                                                                                                                                        
4Added by the Cholistan Development Authority (Amen dment) Act, 1999 (XIII of 1999); and published in the Punjab Gazette 
(Extraordinary), dated 4.9.1999, s.2. 
 
which, in his knowledge, is likely to benefit or has benefitted him as a 
result of the operations of the Authority. 
8. Resignation by or removal of Managing Director .– Notwithstanding 
anything c ontained in this Act, the Managing Director may at any time before the 
expiry of his term and upon three months’ notice, resign his office or upon similar 
notice, be removed from office by Government without assigning any reason: 
 Provided that Government may upon payment of three months’ salary and 
allowances in lieu of notice, remove a Managing Director immediately without 
assigning any reason. 
9. Delegation of powers .– The Authority may, by general or special order, 
delegate to the Chairman, Managing Dir ector, or any member, officer, advisor, 
expert or employee of the Authority any of its powers, duties or functions under this 
Act or the rules made thereunder, subject to such conditions as it may deem fit to 
impose. 
10. Appointment of Officers.– The Autho rity may subject to such general or 
special orders, as Government may give, appoint such officers, advisors, experts or 
employees as may be necessary for the efficient performance of its functions on 
such terms and conditions as may be prescribed. 
11. Headquarters of Authority .– The Headquarters of the Authority shall be at 
Bahawalpur. 
CHAPTER III 
CONDUCT OF BUSINESS 
12. Financial and Technical Advisory Committees .– The Authority may 
constitute such financial, technical and advisory committees as may be dee med 
necessary for carrying out the purposes of this Act. 
13. Meetings of the Authority .– (1) The meetings of the Authority shall be held 
at such time and place as may be prescribed: 
 Provided that until rules are made in this behalf, meetings shall be held  at 
such time and place as may be determined by the Chairman. 
 (2) The quorum required for transacting business at a meeting of the 
Authority shall be four, one of whom shall be an official member. 
 (3) Each member, including the Chairman, shall have one v ote but in the 
event of equality of votes, the Chairman shall have a casting vote. 
 
5
[(4) The meetings of the Authority shall be presided over by the Chairman  
and in his absence by the Vice -Chairman and in the absence of both by the member 
of the Authority  elected for the purpose by the members present from amongst 
themselves.] 
 (5) No act or proceedings of the Authority shall be invalid on the ground of 
the existence of any vacancy in or any defect in the Constitution of the Authority. 
                                                 
5Substituted by the Cholistan D evelopment Authority (Amendment) Act, 1999 (XIII of 1999) ; and published in the Punjab 
Gazette (Extraordinary), dated 4.9.1999, s.3. 
 
 (6) The Authority s hall frame its own regulations for the conduct of its 
meetings. 
14. Power to associate other persons for assistance or advice .– The 
Authority may associate with itself any person in such manner and on such terms 
and for such period as it may deem fit, whos e assistance or advice it may require in 
carrying out the provisions of this Act: 
 Provided that a person so associated shall not have right to vote and shall not 
be deemed to be a member of the Authority for that or any other purpose. 
CHAPTER IV 
FUNCTIONS POWERS AND DUTIES 
15. Functions of the Authority.– Subject to such conditions as Government may 
impose, the Authority may undertake any work for any or all of the functions detailed 
below within the area of its jurisdiction:– 
(a) The breaking up, cultivat ion, afforestation, plantation, levelling or 
reclamation of land for the production of foodgrains, fruits, vegetables, 
fuel, fodder and the like; 
(b) to grant land to any person on any conditions it thinks fit and for that 
purpose issue statement or statements of conditions; 
(c) to provide means of irrigation and irrigational channels; 
(d) to provide drinking water for human beings and cattle; 
(e) to carry out extensive ground water survey to locate sweet water points 
and sinking of wells and tubewells for drinking and irrigation purposes; 
(f) the lay out and construction of town, mandi villages and settlements 
and their up-keep and development; 
(g) the provision of communication facilities, including the lay out and 
construction of roads and parks; 
(h) the provision of livestock farms, dairy farms, sheep farms, poultry 
farms, etc; 
(i) the installation and management, maintenance and encouragement of 
public utility undertakings, rural trades and crafts, industries and works; 
(j) arrangements for the marketing of the produce and goods of Cholistan; 
(k) the conservation, preservation of forests, and multiplication of wildlife 
and natural vegetation and exploration of mineral resources of 
Cholistan; 
(l) the doing of all acts intending to promote health, well -being and 
prosperity of the residents of Cholistan and their cattle heads and 
establishment of civil and veterinary hospitals and dispensaries; 
(m) the establishment of educational institutions; 
(n) to advance loans to the owners, occupiers or tenants of land upon such 
terms and conditions as may be prescribed for breaking up and 
cultivation of lands, construction of water courses, sinking of wells and 
 
tube-wells, purchase of cattle and of agricultural implements and 
machinery, seed and fodder, cattle farm, con struction of houses, 
godowns, and cattle sheds, and for any other purpose allied or 
subsidiary to agriculture; 
(o) to promote and undertake, research on any matter; 
(p) for any other matter with the permission of the Government, which may 
be deemed necessa ry to promote the general efficiency of a scheme 
and for the development of Cholistan; 
(q) to promote tourism and establishment of national parks, holiday camps 
and villages; and 
(r) to undertake any function which the Government may assign to it:  
 
6
[Provided that while undertaking the function under clause ( f) provision of a 
plot or plots for construction of mosque shall be made.] 
16. Powers and duties of the Authority .– (1) Subject to such rules as may be 
framed, the Authority shall have full powers to:– 
(a) incur expenditure for the improvement and development of Cholistan or 
for completion of any work, plan or scheme undertaken by it within the 
area of its jurisdiction; and 
(b) enter into and perform all such contracts as it may consider necessary 
or expedient for carrying out the purposes of this Act. 
 (2) Without prejudice to the generality of the powers conferred under sub -
section (1) the Authority may:– 
(i) with approval of the Government grant land to any person on any 
condition it thinks fit and fo r this purpose issue a statement or 
statements of conditions on which the Authority is willing to grant land; 
(ii) resume land so granted or in the alternative impose a penalty not 
exceeding Rs.500 when the tenant is proved to the satisfaction of the 
authority to have committed a breach of the conditions of the tenancy 
and shall resume the grant so made if the land forming the subject 
matter of the grant was acquired by mis -representation or concealment 
of true facts: 
Provided that before an order under cla use ( ii) above is made, the 
tenant shall be given an opportunity to appear and state his objections: 
Provided further that, in a case of resumption , the tenant shall be liable 
to restore possession of the land to the Authority forthwith, but shall be 
entitled to compensation for the standing crops and for improvements 
made by him during his tenancy; 
(iii) take over and manage Government lands or any other assets and 
property on such terms and conditions as may be agreed upon 
between the Authority and the Government; 
                                                 
6Added by the Cholistan Development Authority (Amendment) Ordinance, 1984 (XXXVI of 1984); and published in the Punjab 
Gazette (Extraordinary), dated 17.12.1984, s.2. 
 
(iv) regulate by general or special order,– 
(a) the use of land and restrict or prohibit the carrying of any 
offensive or any unwholesome trade or construction of buildings 
or structures; 
(b) clearing or breaking up of land for cultivation; 
(c) the quarrying of stone and the burning of lime and charcoal; 
(d) the admission, herding, parking and retention of cattle; 
(e) the filling, girdling, looping, taping, or burning of any tree, timber 
or vegetable; and 
(f) the kindling, keeping or carrying of any fire; 
(v) undertake breaking up of land, planting of trees, construction of water 
courses and do all necessary acts to bring land vested in it under 
cultivation; 
(vi) advance money either by way of grant or by way of loan or partly by 
way of grant and p artly by way of loan to any person in furtherance of 
the objects of this Act on such terms and conditions as may be 
prescribed. 
17. Transfer of functions to different Govern ment Departments or 
autonomous B odies.– The Authority may, with the approval of the  Government, 
and if the Government so directs, shall , transfer any of its functions and powers to a 
department of the Government or a semi -autonomous Body or Local A uthority on 
such terms and conditions as may be determined by Government or agreed upon 
between the parties. 
18. Development work is to be undertaken with the approval of Authority .– 
(1) No person or a Government agency shall continue or undertake any development 
work or a project within the area of jurisdiction of the Authority without the prio r 
approval of the Authority in writing. 
 (2) The Authority may require a Government agency or a local body to 
undertake any specific developmental activity in the Cholistan area and to ensure its 
compliance failing which the Authority may take over such de velopmental activity 
and complete itself. 
CHAPTER V 
FINANCES 
19. Cholistan Development Authority Fund .– (1) There shall be formed a fund 
to be known as “Cholistan Development Authority Fund” which shall vest in the 
Authority and shall be utilised by the Au thority in connection with its functions under 
this Act including the payment of salaries and other remunerations to the members, 
officers, servants, experts and consultants of the Authority. 
 (2) The fund shall consist of– 
(a) Grants-in-aid by the Government or Federal Government; 
(b) Loans obtained from the Government; 
 
(c) Loans obtained from the State Bank of Pakistan or scheduled banks 
with special or general sanction of the Government; 
(d) Foreign Aid/loans obtained through the Government; 
(e) All fees, rates and service charges received by the Authority; 
(f) Sale proceeds by way of disposal of assets of the Authority; and 
(g) All other money received by the Authority. 
20. Power to borrow money .– The Authority shall be deemed to be a Local 
Authority under the Local Authorities Loans Act, 1914 (Act No. IX of 1914) for the 
purpose of borrowing money, under the said Act: 
 Provided that no local or foreign loans shall be obtained by the Authority 
without the prior sanction of the Government. 
21. Power to lev y tax .– The Authority may with the previous sanction of the 
Government levy rates, fees and charges to cover expenses for the development of 
the Cholistan area. 
22. Budget.– The Authority shall prepare its annual budget estimates and submit 
the same to the  Provincial Government by the end of the month of March preceding 
the commencement of the financial year to which it relates and the Provincial 
Government may modify the said estimates to such extent as it may consider 
necessary. 
23. Audit.– (1) The Audito r General shall audit and check the accounts of the 
Authority at least once in a financial year. 
 (2) The Authority shall produce all accounts, books and connected 
documents and furnish such explanation and information as the Auditor -General or 
any officer authorised by him in this behalf, may require at the time of audit. 
 (3) The statement of audit and accounts referred to in sub -section (1) shall 
be furnished to Government by the Authority within a period of 3 months after close 
of financial year. 
24. Accounts.– The Authority shall maintain complete and accurate accounts 
and other relevant record including the Annual Statement of accounts showing profit 
and loss accounts in such form as be prescribed. 
CHAPTER VI 
MISCELLANEOUS 
25. Power to make rules .– (1) Subject to the provisions of this Act, Government 
may make rules for carrying out the purposes of this Act. 
 (2) In particular and without prejudice to the generality of the foregoing 
powers, such rules may provide for any of the matters incidental, conse quential or 
supplemental to the provisions of this Act. 
26. Reports.– (1) The Authority shall furnish to Government such reports as may 
be required by Government from time to time. 
 
 (2) 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. 
27. Members and officials to be public servants .– The Chairman, M embers, 
Managing Director, other officers, advisers, experts and employ ees of the Authority 
shall when acting or purporting to act in pursuance of any provisions of this Act, be 
deemed to be public servants within the meaning of section 21 of the Pakistan Penal 
Code 1860. 
28. Bar of jurisdiction.– No court shall have jurisdic tion in any matter relating to 
the disposal of estate land vesting in the Authority and no order passed or 
proceedings taken by the Authority, its Chairman or any officer shall be called into 
question in any court of Law. 
29. Recovery of sums due to Author ity.– All sums due to the Authority under 
an award of an arbitrator or decree of any court in respect of a contract or a tenancy 
granted under the provisions of this Act or rules and conditions made or issued 
thereunder and all sums due on account of penalty shall be recoverable as arrears of 
Land Revenue. 
30. Immunity of the Authority and its employees .– No suit, prosecution or any 
other legal proceedings shall lie against the Authority, the Chairman, the Managing 
Director, any Member, Officer, Expert, Consultant or employee of the Authority, in 
respect of any thing done or intended to be done in good faith under this Act.
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Section 21 of Pakistan Penal Code 1860

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employ ees of the Authority shall when acting or purporting to act in pursuance of any provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code 1860. 28. Bar of jurisdiction.– No court shall have jurisdic tion in any matter relating to the disposal of estate land vesting in the Authority and no order passed or proceedings taken by the Authority, its Chairman or any offi

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