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  "title": "CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976",
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  "text": "THE CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976 \r\n(XIV of 1976) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Alterations of boundaries \r\n3. Definitions \r\nCHAPTER II \r\nORGANIZATION \r\n4. Establishment and constitution \r\n4A. Vice Chairman \r\n5. Managing Director \r\n6. Disqualifications of Managing Director \r\n7. Removal of Managing Director \r\n8. Resignation by or removal of Managing Director \r\n9. Delegation of powers \r\n10. Appointment of Officers \r\n11. Headquarters of Authority \r\nCHAPTER III \r\nCONDUCT OF BUSINESS \r\n12. Financial and Technical Advisory Committees \r\n13. Meetings of the Authority \r\n14. Power to associate other persons for assistance or advice \r\nCHAPTER IV \r\nFUNCTIONS POWERS AND DUTIES \r\n15. Functions of the Authority \r\n16. Powers and duties of the Authority \r\n \r\n17. Transfer of functions to different Government D epartments or \r\nautonomous Bodies \r\n18. Development work is to be undertaken with the approval of Authority \r\nCHAPTER V \r\nFINANCES \r\n19. Cholistan Development Authority Fund \r\n20. Power to borrow money \r\n21. Power to levy tax \r\n22. Budget \r\n23. Audit \r\n24. Accounts \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n25. Power to make rules \r\n26. Reports \r\n27. Members and officials to be public servants \r\n28. Bar of jurisdiction \r\n29. Recovery of sums due to Authority \r\n30. Immunity of the Authority and its employees \r\n \r\nTEXT \r\n1\r\nTHE CHOLISTAN DEVELOPMENT AUTHORITY ACT, 1976 \r\n(XIV of 1976) \r\n[21st July, 1976] \r\nAn \r\nAct \r\nto provide for the establishment of Cholistan Development Authority. \r\nPreamble.– WHEREAS it is expedient to establish an authority for the speedy \r\ndevelopment and better administration of Cholistan area of Bahawalpur Division; \r\n It is hereby enacted as follows:– \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement. – (1) This Act may be called the \r\nCholistan Development Authority Act, 1976. \r\n (2) It shall extend to such area as may be notified as Cholistan Area by the \r\nGovernment. \r\n (3) It shall come into force at once. \r\n2. Alterations of boundaries.– The boundaries of the Cholistan area may, from \r\ntime to time, be altered by the Government through a notification in the official \r\nGazette. \r\n3. Definitions.– (1) In this Act, unless the context otherwise requires,– \r\n(a) “Authority” means the Cholistan Development Authority established \r\nunder this Act; \r\n(b) “Chairman” means Chairman of the Authority; \r\n(c) “Government” means Government of the Punjab; \r\n(d) “Managing Director” means the Managing Director of the Authority; \r\n(e) “Member” means a member of the Authority; \r\n(f) “Prescribed” means prescribed by rules; \r\n(g) “Specified” means specified by Government through written \r\ninstructions; and \r\n(h) “Rules” means Rules made under this Act. \r\n (2) Words and expressions used but not defined in this Act shall, unless \r\nthe context otherwise requires, have the same meanings as are assigned to them in \r\nthe Punjab Land Revenue Act, 1967. \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 7th July, 1976; assented to by the Governor of the Punjab on 21st July, \r\n1976; and, published in the Punjab Gazette (Extraordinary), dated 21st July, 1976, pages 2034-2043. \r\n \r\nCHAPTER-II \r\nORGANIZATION \r\n4. Establishment and C onstitution.– (1) As soon as may be, after the \r\ncommencement of this Act, the Government shall, by notification in the official \r\nGazette, establish an Authority known as the Cholistan Development Authority. \r\n (2) The Authority shall be a bo dy corporate, and shall have the power to \r\nacquire and hold property, both movable and immovable, and shall have perpetual \r\nsuccession and a common seal and shall by the said name, sue and be sued. \r\n (3) The Authority shall consist of:- \r\n(a) a Minister nominated by the Government; Chairman. \r\n(b) three members \r\n2\r\n[including at least one female \r\nmember] from Bahawalpur Division from amongst \r\nthe Members of the Provincial Assembly of the \r\nPunjab or the National Assembly of Pakistan \r\nnominated by the Government; \r\nMembers. \r\n(c) Commissioner, Bahawalpur Division, Bahawalpur; Member. \r\n(d) Chief Engineer, Irrigation, Bahawalpur; Member. \r\n(e) Superintending Engineer, Public Health \r\nEngineering, Bahawalpur \r\n3\r\n[;] \r\nMember. \r\n(f) Conservator of Forests, Bahawalpur; Member. \r\n(g) Deputy Director Agriculture, Bahawalpur; Member. \r\n(h) Deputy Director, Livestock, Poultry and Dairy \r\nDevelopment, Bahawalpur; \r\nMember. \r\n(i) Deputy Registrar, Co-operative Societies, \r\nBahawalpur; and \r\nMember. \r\n(j) Managing Director. Member/Secretary. \r\n (4) Government may by notification in the official Gazette alter, increase or \r\ndecrease the membership of the Authority. \r\n (5) The Members, except the ex-officio Members shall, unless replaced \r\nearlier, hold office for a term of three years; provided that a Member ceasing to hold \r\na public office by virtue of which he became such Member shall cease to be such \r\nmember, notwithstanding that the terms of three years has not expired. \r\n (6) A Chairman or a Member of the Authority may resign his office by \r\nsubmitting his resignation to the Government in writing. \r\n (7) No act or proceedings of the Authority shall be invalid merely by reason \r\nof any vacancy or defect in the constitution of the Authority. \r\n4\r\n[4A. Vice Chairman .– (1) The Government may designate a member as Vice -\r\nChairman of the Authority. \r\n                                                 \r\n2Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014 ); and published in the Gazette of Punjab \r\n(Extraordinary), dated 12.3.2014, pages 2733-2744, s.2 and Schedule, at serial No.18. \r\n3Not printed in the original Gazette.  \r\n \r\n (2) The Vice Chairman shall perform such functions including the functions \r\nof the Managing Director as may be assigned to him by the Authority.] \r\n5. Managing Director .– (1) The Managing Director shall be the principal \r\nexecutive officer of the Authority and shall be appointed by the Government for a \r\nperiod of three years on such terms and conditions as may be determined by \r\nGovernment. \r\n (2) The Managing Director shall,– \r\n(a) be a whole time officer of the Authority; \r\n(b) perform such duties as may be specified by Government or assigned to \r\nhim by the Authority; \r\n(c) on the expiry of his term of office continue to perform his functions for a \r\nperiod of three months or till such time as his successor is appointed \r\nwhichever is earlier; and \r\n(d) receive such salary and allowances as Government may determine. \r\n (3) Nothing contained in this section shall preclude the Government from \r\nextending the term of office of a Managing Director for such period as Government \r\nmay determine. \r\n6. Disqualifications of Managing  Director.– No person shall be appointed as \r\nManaging Director or shall continue to be a Managing Director who– \r\n(a) is or at any time has been, convicted of an offence involving moral \r\nturpitude; \r\n(b) is or at any time has been, disqualified for appointment i n or dismissed \r\nfrom Government service; \r\n(c) is, or at any time has been adjudged insolvent; \r\n(d) is found to be a lunatic or becomes of unsound mind; \r\n(e) is not a citizen of Pakistan; or \r\n(f) is less than twenty-five years of age. \r\n7. Removal of Managing Dire ctor.– The Government may, by order in writing, \r\nremove the Managing Director, after giving him an opportunity of being heard, if he– \r\n(a) refuses or fails to discharge, or becomes, in the opinion of \r\nGovernment, incapable of discharging his responsibilities under this \r\nAct; \r\n(b) has, in the opinion of Government, abused his position as Managing \r\nDirector; or \r\n(c) has knowingly acquired or continues to hold, without the permission in \r\nwriting of the Government, directly or indirectly or through a partner any \r\nshare or interest in any contract or employment or in any property, \r\n                                                                                                                                                        \r\n4Added by the Cholistan Development Authority (Amen dment) Act, 1999 (XIII of 1999); and published in the Punjab Gazette \r\n(Extraordinary), dated 4.9.1999, s.2. \r\n \r\nwhich, in his knowledge, is likely to benefit or has benefitted him as a \r\nresult of the operations of the Authority. \r\n8. Resignation by or removal of Managing Director .– Notwithstanding \r\nanything c ontained in this Act, the Managing Director may at any time before the \r\nexpiry of his term and upon three months’ notice, resign his office or upon similar \r\nnotice, be removed from office by Government without assigning any reason: \r\n Provided that Government may upon payment of three months’ salary and \r\nallowances in lieu of notice, remove a Managing Director immediately without \r\nassigning any reason. \r\n9. Delegation of powers .– The Authority may, by general or special order, \r\ndelegate to the Chairman, Managing Dir ector, or any member, officer, advisor, \r\nexpert or employee of the Authority any of its powers, duties or functions under this \r\nAct or the rules made thereunder, subject to such conditions as it may deem fit to \r\nimpose. \r\n10. Appointment of Officers.– The Autho rity may subject to such general or \r\nspecial orders, as Government may give, appoint such officers, advisors, experts or \r\nemployees as may be necessary for the efficient performance of its functions on \r\nsuch terms and conditions as may be prescribed. \r\n11. Headquarters of Authority .– The Headquarters of the Authority shall be at \r\nBahawalpur. \r\nCHAPTER III \r\nCONDUCT OF BUSINESS \r\n12. Financial and Technical Advisory Committees .– The Authority may \r\nconstitute such financial, technical and advisory committees as may be dee med \r\nnecessary for carrying out the purposes of this Act. \r\n13. Meetings of the Authority .– (1) The meetings of the Authority shall be held \r\nat such time and place as may be prescribed: \r\n Provided that until rules are made in this behalf, meetings shall be held  at \r\nsuch time and place as may be determined by the Chairman. \r\n (2) The quorum required for transacting business at a meeting of the \r\nAuthority shall be four, one of whom shall be an official member. \r\n (3) Each member, including the Chairman, shall have one v ote but in the \r\nevent of equality of votes, the Chairman shall have a casting vote. \r\n \r\n5\r\n[(4) The meetings of the Authority shall be presided over by the Chairman  \r\nand in his absence by the Vice -Chairman and in the absence of both by the member \r\nof the Authority  elected for the purpose by the members present from amongst \r\nthemselves.] \r\n (5) No act or proceedings of the Authority shall be invalid on the ground of \r\nthe existence of any vacancy in or any defect in the Constitution of the Authority. \r\n                                                 \r\n5Substituted by the Cholistan D evelopment Authority (Amendment) Act, 1999 (XIII of 1999) ; and published in the Punjab \r\nGazette (Extraordinary), dated 4.9.1999, s.3. \r\n \r\n (6) The Authority s hall frame its own regulations for the conduct of its \r\nmeetings. \r\n14. Power to associate other persons for assistance or advice .– The \r\nAuthority may associate with itself any person in such manner and on such terms \r\nand for such period as it may deem fit, whos e assistance or advice it may require in \r\ncarrying out the provisions of this Act: \r\n Provided that a person so associated shall not have right to vote and shall not \r\nbe deemed to be a member of the Authority for that or any other purpose. \r\nCHAPTER IV \r\nFUNCTIONS POWERS AND DUTIES \r\n15. Functions of the Authority.– Subject to such conditions as Government may \r\nimpose, the Authority may undertake any work for any or all of the functions detailed \r\nbelow within the area of its jurisdiction:– \r\n(a) The breaking up, cultivat ion, afforestation, plantation, levelling or \r\nreclamation of land for the production of foodgrains, fruits, vegetables, \r\nfuel, fodder and the like; \r\n(b) to grant land to any person on any conditions it thinks fit and for that \r\npurpose issue statement or statements of conditions; \r\n(c) to provide means of irrigation and irrigational channels; \r\n(d) to provide drinking water for human beings and cattle; \r\n(e) to carry out extensive ground water survey to locate sweet water points \r\nand sinking of wells and tubewells for drinking and irrigation purposes; \r\n(f) the lay out and construction of town, mandi villages and settlements \r\nand their up-keep and development; \r\n(g) the provision of communication facilities, including the lay out and \r\nconstruction of roads and parks; \r\n(h) the provision of livestock farms, dairy farms, sheep farms, poultry \r\nfarms, etc; \r\n(i) the installation and management, maintenance and encouragement of \r\npublic utility undertakings, rural trades and crafts, industries and works; \r\n(j) arrangements for the marketing of the produce and goods of Cholistan; \r\n(k) the conservation, preservation of forests, and multiplication of wildlife \r\nand natural vegetation and exploration of mineral resources of \r\nCholistan; \r\n(l) the doing of all acts intending to promote health, well -being and \r\nprosperity of the residents of Cholistan and their cattle heads and \r\nestablishment of civil and veterinary hospitals and dispensaries; \r\n(m) the establishment of educational institutions; \r\n(n) to advance loans to the owners, occupiers or tenants of land upon such \r\nterms and conditions as may be prescribed for breaking up and \r\ncultivation of lands, construction of water courses, sinking of wells and \r\n \r\ntube-wells, purchase of cattle and of agricultural implements and \r\nmachinery, seed and fodder, cattle farm, con struction of houses, \r\ngodowns, and cattle sheds, and for any other purpose allied or \r\nsubsidiary to agriculture; \r\n(o) to promote and undertake, research on any matter; \r\n(p) for any other matter with the permission of the Government, which may \r\nbe deemed necessa ry to promote the general efficiency of a scheme \r\nand for the development of Cholistan; \r\n(q) to promote tourism and establishment of national parks, holiday camps \r\nand villages; and \r\n(r) to undertake any function which the Government may assign to it:  \r\n \r\n6\r\n[Provided that while undertaking the function under clause ( f) provision of a \r\nplot or plots for construction of mosque shall be made.] \r\n16. Powers and duties of the Authority .– (1) Subject to such rules as may be \r\nframed, the Authority shall have full powers to:– \r\n(a) incur expenditure for the improvement and development of Cholistan or \r\nfor completion of any work, plan or scheme undertaken by it within the \r\narea of its jurisdiction; and \r\n(b) enter into and perform all such contracts as it may consider necessary \r\nor expedient for carrying out the purposes of this Act. \r\n (2) Without prejudice to the generality of the powers conferred under sub -\r\nsection (1) the Authority may:– \r\n(i) with approval of the Government grant land to any person on any \r\ncondition it thinks fit and fo r this purpose issue a statement or \r\nstatements of conditions on which the Authority is willing to grant land; \r\n(ii) resume land so granted or in the alternative impose a penalty not \r\nexceeding Rs.500 when the tenant is proved to the satisfaction of the \r\nauthority to have committed a breach of the conditions of the tenancy \r\nand shall resume the grant so made if the land forming the subject \r\nmatter of the grant was acquired by mis -representation or concealment \r\nof true facts: \r\nProvided that before an order under cla use ( ii) above is made, the \r\ntenant shall be given an opportunity to appear and state his objections: \r\nProvided further that, in a case of resumption , the tenant shall be liable \r\nto restore possession of the land to the Authority forthwith, but shall be \r\nentitled to compensation for the standing crops and for improvements \r\nmade by him during his tenancy; \r\n(iii) take over and manage Government lands or any other assets and \r\nproperty on such terms and conditions as may be agreed upon \r\nbetween the Authority and the Government; \r\n                                                 \r\n6Added by the Cholistan Development Authority (Amendment) Ordinance, 1984 (XXXVI of 1984); and published in the Punjab \r\nGazette (Extraordinary), dated 17.12.1984, s.2. \r\n \r\n(iv) regulate by general or special order,– \r\n(a) the use of land and restrict or prohibit the carrying of any \r\noffensive or any unwholesome trade or construction of buildings \r\nor structures; \r\n(b) clearing or breaking up of land for cultivation; \r\n(c) the quarrying of stone and the burning of lime and charcoal; \r\n(d) the admission, herding, parking and retention of cattle; \r\n(e) the filling, girdling, looping, taping, or burning of any tree, timber \r\nor vegetable; and \r\n(f) the kindling, keeping or carrying of any fire; \r\n(v) undertake breaking up of land, planting of trees, construction of water \r\ncourses and do all necessary acts to bring land vested in it under \r\ncultivation; \r\n(vi) advance money either by way of grant or by way of loan or partly by \r\nway of grant and p artly by way of loan to any person in furtherance of \r\nthe objects of this Act on such terms and conditions as may be \r\nprescribed. \r\n17. Transfer of functions to different Govern ment Departments or \r\nautonomous B odies.– The Authority may, with the approval of the  Government, \r\nand if the Government so directs, shall , transfer any of its functions and powers to a \r\ndepartment of the Government or a semi -autonomous Body or Local A uthority on \r\nsuch terms and conditions as may be determined by Government or agreed upon \r\nbetween the parties. \r\n18. Development work is to be undertaken with the approval of Authority .– \r\n(1) No person or a Government agency shall continue or undertake any development \r\nwork or a project within the area of jurisdiction of the Authority without the prio r \r\napproval of the Authority in writing. \r\n (2) The Authority may require a Government agency or a local body to \r\nundertake any specific developmental activity in the Cholistan area and to ensure its \r\ncompliance failing which the Authority may take over such de velopmental activity \r\nand complete itself. \r\nCHAPTER V \r\nFINANCES \r\n19. Cholistan Development Authority Fund .– (1) There shall be formed a fund \r\nto be known as “Cholistan Development Authority Fund” which shall vest in the \r\nAuthority and shall be utilised by the Au thority in connection with its functions under \r\nthis Act including the payment of salaries and other remunerations to the members, \r\nofficers, servants, experts and consultants of the Authority. \r\n (2) The fund shall consist of– \r\n(a) Grants-in-aid by the Government or Federal Government; \r\n(b) Loans obtained from the Government; \r\n \r\n(c) Loans obtained from the State Bank of Pakistan or scheduled banks \r\nwith special or general sanction of the Government; \r\n(d) Foreign Aid/loans obtained through the Government; \r\n(e) All fees, rates and service charges received by the Authority; \r\n(f) Sale proceeds by way of disposal of assets of the Authority; and \r\n(g) All other money received by the Authority. \r\n20. Power to borrow money .– The Authority shall be deemed to be a Local \r\nAuthority under the Local Authorities Loans Act, 1914 (Act No. IX of 1914) for the \r\npurpose of borrowing money, under the said Act: \r\n Provided that no local or foreign loans shall be obtained by the Authority \r\nwithout the prior sanction of the Government. \r\n21. Power to lev y tax .– The Authority may with the previous sanction of the \r\nGovernment levy rates, fees and charges to cover expenses for the development of \r\nthe Cholistan area. \r\n22. Budget.– The Authority shall prepare its annual budget estimates and submit \r\nthe same to the  Provincial Government by the end of the month of March preceding \r\nthe commencement of the financial year to which it relates and the Provincial \r\nGovernment may modify the said estimates to such extent as it may consider \r\nnecessary. \r\n23. Audit.– (1) The Audito r General shall audit and check the accounts of the \r\nAuthority at least once in a financial year. \r\n (2) The Authority shall produce all accounts, books and connected \r\ndocuments and furnish such explanation and information as the Auditor -General or \r\nany officer authorised by him in this behalf, may require at the time of audit. \r\n (3) The statement of audit and accounts referred to in sub -section (1) shall \r\nbe furnished to Government by the Authority within a period of 3 months after close \r\nof financial year. \r\n24. Accounts.– The Authority shall maintain complete and accurate accounts \r\nand other relevant record including the Annual Statement of accounts showing profit \r\nand loss accounts in such form as be prescribed. \r\nCHAPTER VI \r\nMISCELLANEOUS \r\n25. Power to make rules .– (1) Subject to the provisions of this Act, Government \r\nmay make rules for carrying out the purposes of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npowers, such rules may provide for any of the matters incidental, conse quential or \r\nsupplemental to the provisions of this Act. \r\n26. Reports.– (1) The Authority shall furnish to Government such reports as may \r\nbe required by Government from time to time. \r\n \r\n (2) The Authority shall prepare for every year a report of its activities \r\nduring that year and submit the report to the Government in such form and on or \r\nbefore such date, as may be prescribed. \r\n27. Members and officials to be public servants .– The Chairman, M embers, \r\nManaging Director, other officers, advisers, experts and employ ees of the Authority \r\nshall when acting or purporting to act in pursuance of any provisions of this Act, be \r\ndeemed to be public servants within the meaning of section 21 of the Pakistan Penal \r\nCode 1860. \r\n28. Bar of jurisdiction.– No court shall have jurisdic tion in any matter relating to \r\nthe disposal of estate land vesting in the Authority and no order passed or \r\nproceedings taken by the Authority, its Chairman or any officer shall be called into \r\nquestion in any court of Law. \r\n29. Recovery of sums due to Author ity.– All sums due to the Authority under \r\nan award of an arbitrator or decree of any court in respect of a contract or a tenancy \r\ngranted under the provisions of this Act or rules and conditions made or issued \r\nthereunder and all sums due on account of penalty shall be recoverable as arrears of \r\nLand Revenue. \r\n30. Immunity of the Authority and its employees .– No suit, prosecution or any \r\nother legal proceedings shall lie against the Authority, the Chairman, the Managing \r\nDirector, any Member, Officer, Expert, Consultant or employee of the Authority, in \r\nrespect of any thing done or intended to be done in good faith under this Act.",
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