PUNJAB KATCHI ABADIS ACT, 1992

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THE PUNJAB KATCHI ABADIS ACT, 1992
(VIII of 1992)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Appointment of Director-General
4. Powers and functions of the Director-General
5. Constitution of Implementation Committees
6. Declaration of Katchi Abadis and Acquisition of Land
7. Schemes
8. Shifting of Occupants of Katchi Abadis
9. Katchi Abadis Fund
10. Loans, grants, aid and gifts
11. Custody and investment
12. Utilization of the Fund
13. Accounts
14. Audit
15. Surcharge
16. Betterment fee
17. Delegation of powers
18. Committees
19. Power of Government to give Directions
20. Offences and their Cognizance
21. Validation
22. Power to make Rules
23. Removal of difficulties
TEXT
1
THE PUNJAB KATCHI ABADIS ACT, 1992
(VIII of 1992)
[19th September, 1992]
An
Act
to make provisions for regularisation, development and improvement of Katchi
Abadis.
Preamble.– Whereas it is expedient to make provisions for regularization of Katchi
Abadis and to provide for development and improvement thereof.
It is hereby enacted as follows:–
1. Short title, extent and commencement .– (1) This Act may be called the
Punjab Katchi Abadis Act, 1992.
(2) It shall extend to the whole of the Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.– (1) In this Act, unless there is anything repugnant in the subject
or context–
2
[(i) * * * * * * * * * * * ]
3
[(ii) * * * * * * * * * * * ]
(iii) ‘Director-General’ means the Director -General of Katchi Abadis,
Punjab;
(iv) ‘Dwelling Unit’ means a house or any similar s tructure, built of any
material, and used wholly or partially for human habitation;
4
[(iv-a) “Government” means Government of the Punjab;]
5
[(iv-b) “Governmental Agency” means–
1This Act was passed by the Punjab Assembly on 9th September, 1992; assented to by the Governor of the Punjab on 15th
September, 1992; and, was published in the Punjab Gaze tte (Extraordinary), dated 19th September, 1992, Pages 3035 -I to
3035-N.
2Omittedby the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009) , w.e.f.17.11.2009, s.2; and published in the Punjab
Gazette (Extraordinary), pages 1623-1625. This Act was ori ginally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
3Omitted by thePunjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.2; and published in the Punjab
Gazette (Extraordinary), pages 1623 -1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
4Inserted by thePunjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.2; and published in the Punjab
Gazette (Extraordinary), pages 1623 -1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the S upreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
5Inserted by thePunjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.2; and published in the Punjab
Gazette (Extraordinary), pages 1623 -1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
(a) a local government established under the Punjab Local
Government Ordinance, 2001 (XIII of 2001), a cantonment
declared as such under the Cantonments Act, 1924 (II of 1924) or
under the Cantonments Ordinance, 2002 (CXXXVIII of 2002) or a
Development Authority established under any law for the time
being in force; or
(b) a division , attached department, bureau, section, commission,
board, office, company, statutory body or unit of the Government.]
(v) ‘Implementation Committee’ means a Committee constituted under
Section
6
[5] of this Act;
(vi) ‘Katchi Abadi’ means any area declared as such under Section
7
[6] of
this Act;
(vii) ‘Prescribed’ means prescribed by rules; and
(viii) ‘Rules’ means rules framed under this Act.
(2) Words and expression not defined in this Act shall, unless the context
otherwise requires, have the meanings ass igned to them in the Punjab
Local Government Ordinance,
8
[2001 (XIII of 2001)].
3. Appointment of Director -General.– (1) There shall be appointed by
Government a Director-General for carrying out the purposes of this Act.
(2) The Director-General shall be provided with such officers and staff as
is considered necessary by the Government for the efficient performance of the
functions of the Director-General.
4. Powers and functions of the Director-General.– (1) Subject to the provisions
of this Act and general control of the Government, the Director-General, shall exercise
such powers and perform such functions and duties as may be necessary for carrying
out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing provision, the
Director-General shall–
(i) implement policies formulated by the Government for the
regularisation, development and improvement of a Katchi Abadi;
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
6Substituted for the figure “7” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002) , w.e.f.11.1.2002, s.2;
and published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999
(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be
subject to any limitation as to duration prescribed in the Constitution.
7Substituted for the figure “8” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.2;
and published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999
(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be
subject to any limitation as to duration prescribed in the Constitution.
8Substituted for the figures, brackets , full -stops and the words “1 979 (Pb. Ord. VI of 1979)” by the Punjab Katchi Abadis
(Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages
83-84. Under Article 5A of the Provisional Constitution Order 1999 (I of 1999) , as amended, read with Article 270AA of the
Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed i n the
Constitution..
(ii) lay-down guidelines for the imp lementation of such policies by the
concerned authorities;
(iii) identify an area to be declared as a Katachi Abadi under this Act;
(iv) arrange or carry out detailed physical survey, and census of occupants
of the Katchi Abadis and prepare or cause to be prepared plans and
amelioration plans and designs of infrastructural works in connection
with the regularisation and development of the Katchi Abadis;
(v) formulate development and financial programmes in respect of the
Katchi Abadis and determine implem entation strategy of such
programme;
(vi) oversee the operation of the fund;
(vii) acquire, hold, control and administer, movable or immovable property
or dispose of such property;
(viii) prepare or cause to be prepared schemes and execute or cause to be
executed such schemes;
(ix) undertake, where necessary, low cost housing and redevelopment
schemes for resettlement of shiftees from the Katchi Abadis and the
areas which are not regularisable as Katchi Abadis;
(x) enter into and perform contracts;
(xi) incur expenditure for carrying out the purposes of this Act;
(xii) arrange civic amenities and civic services in the Katchi Abadis through
9
[a Governmental Agency or a donor agency of Pakistan or foreign
origin];
(xiii) take such steps as may be necessary or conducive to the attainment of
the objects of the appointment of the Director-General;
(xiv) inspect or cause to be inspected the development schemes of Katchi
Abadis and may is sue such instructions as may be necessary with
regard to the sanctioning and preparation of such schemes;
(xv) call for the record of any of the proceedings of the Implementation
Committee and to alter its decisions if deemed proper subject to the prior
approval of the Government;
(xvi) evict or cause to be evicted unauthorised persons or remove or cause
to be removed encroachments from Katchi Abadis in accordance with
the law for the time being in force;
10
[(xvii) decide, with the prior approval of the Government, all disputes between
an Implementation Committee and a Governmental Agency with regard
9Substituted for the words , comma and sla shes “the Tehsil Municip al Administration/Development Authorities/Cantonment
Boards, other concerned agencies or donor agencies of Pakistan or foreign origin” by the Punjab Katchi Abadis (Amendment)
Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.3; and published in the Punjab Gaze tte (Extraordinary), pages 1623-1625. This Act
was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon
the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was l aid in the Assembly; and was enacted
as Act XIII of 2009 .which were earlier substituted  for the words “Local Councils” by the Punjab Katchi Abadis (Amendment)
Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s. 3; and published in the Punjab Gazette (Extraor dinary), pages 83-84. Under
Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the
Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.
to a survey list, fixation of market price of the land and all matters
concerning the regularization or development of Kachi Abadis; and]
(xviii) issue directions with regard to Survey Lists, fixation of market price and
development charges.
5. Constitution of Implementation Committees.–
11
[(1) The Government shall
constitute an Implementation Committee for a district in which a Katchi Abadi is located.]
(2) The Committee shall consist of a Chairman and such other members
as Government may appoint.
(3) The Committee may co-opt any person as its member for any particular
purpose.
(4) The Committee shall–
(i) assist the Government and the Director -General in the perf ormance of
their functions;
(ii) be responsible for effective co -ordination of the activities of the
Director-General pertaining to Katchi Abadis with those of the
concerned Agencies in the respective areas;
(iii) ensure prevention of encroachments in Katchi Abadis;
(iv) take such steps as may be necessary or conducive to the attainment of
the objectives of this Act; and
(v) perform such other functions as may be assigned to it by the
Government.
(5) The Committee shall function in such manner as the Gover nment may
specify.
6. Declaration of Katchi Abadis and Acquisition of Land .– (1) Subject to the
provisions of sub -sections (2), (3), (4) and (5) and the directions, if any, of
Government, the Director -General may, after such enquiry as he deems fit, by
notification in the official gazette, declare any area or part thereof which was
occupied unauthorisedly before the
12
[31st December
13
[2011] ] and continues to be so
occupied and has at least forty dwelling units on it to be a Katchi Abadi:
10Substituted by the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.3; and published in the
Punjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
11Substituted by the Punjab Katchi Abad is (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.4; and published in the
Punjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequ ent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
12Substituted for the words,the comma and the figures “23rd of March, 1985” by the Punjab Katchi Abadis (Amendment) Act
2009 (XIII of 2009), w.e.f.17.11.2009, s.5; and published in the Punjab Gazette (Extraordinary), pages 1623-1625. This Act was
originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as
Act XIII of 2009.
13Substituted for the figure “2006” by the Punjab Katchi Abadis (Amendment) Act 2012 (XXXIII of 2012) , w.e.f.18.4.2012, s.2;
and published in the Punjab Gazette (Extraordinary), page 41057.
Provided that the G overnment may
14
[by] notification from time to time re -
determine the number of dwelling units for the purpose of declaration of a Katchi
Abadi.
(2) No area belonging to the Federal Government or any authority or
Corporation or body established or controlled by the Federal Government shall be
declared as Katchi Abadi without the consent of the Federal Government.
(3) Except as otherwise provided, no area owned by a person or a society
shall be declared as Katchi Abadi except with the consent of such person or society
and the Katchi Abadi so declared shall be subject to such terms and conditions as
may be agreed to between such person or, as the case may be, society and the
Director-General.
(4) Except as otherwise directed by the Government, no area which is
reserved for the purposes of roads, streets, water supply arrangements, sewerage or
other conservancy arrangements, hospitals, schools, colleges, libraries,
playgrounds, gardens, mosques, graveyards, railways, high tension lines, or similar
other purposes o r is not safe from flood hazard, shall be declared to be a Katchi
Abadi.
(5) Where the Government is of the opinion that the area referred to in sub-
section (3) cannot be acquired by consent or agreement, the area may be acquired
under the provisions of the Land Acquisition Act, 1894 (I of 1894).
(6) An area declared to be a Katchi Abadi shall, subject to the agreement
referred to in sub -section (3), vest in the Development Authority or the
15
[Tehsil
Municipal Administration] within whose area it falls.
7. Schemes.– (1) The Director -General shall prepare or cause to be prepared
schemes for development, improvement, or regularisation of Katchi Abadis including
the grant of proprietary rights in Katchi Abadis to the dwellers thereof and the
schemes so prepared shall have effect on being sanctioned by the Government.
(2) The schemes may relate to–
(i) community planning, housing, re -housing including low cost housing
and amelioration;
(ii) rehabilitation of occupants of Katchi Abadi in the same Katchi Abadi or
where it is not possible in some other area or locality;
(iii) community facilities including water supply, sewerage disposal, electricity
supply, gas and other public utilities or amenities;
(iv) roads and streets; and
(v) any subject or matter incidental or ancillary to the purposes of this Act.
14Substituted for the word “be” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.5;
and published in the Punjab Gazette (Extraordinary), pages 83-84. Under Article 5A of the Provisional Constitution Order 1999
(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be
subject to any limitation as to duration prescribed in the Constitution.
15Substituted for the word “Council” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002,
s.6; and published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Const itution Order
1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not
be subject to any limitation as to duration prescribed in the Constitution.
(3) Government may, by notification in the officialgazette, alter or amend the
list of subjects given in sub-section (2), and any such addition or modification shall take
effect as if it had been enacted in this Act.
(4) All schemes shall be prepared in such manner and form as
Government may specify, and shall contain, among other things, the following
information, namely:–
(i) description of the scheme and the manner of its execution;
(ii) estimate of costs and benefits;
(iii) allocation of costs to the various purposes to be served by the scheme;
(iv) date of commencement; and
(v) date of completion.
(5) At any time after sanctioning of any scheme but before its completion,
Government may, on its own motion or on the recommendation of the Director -
General, alter it.
(6) The Director -General, and if so directed by him the
16
[Governmental
Agency], shall execute or cause to be executed the sanctioned schemes and take
such measures and exercise such powers including the power of removal of
encroachments in accordance with the law for the time being in force as may be
necessary for the purpose.
8. Shifting of Occupants of Katchi Abadis .– (1) Occupants of any Katchi
Abadi may, with the prior approval of the Government, be shifted by the Director -
General if the land under a Katchi Abadi or a part thereof–
(a) is not transferred by the owner of the land;
(b) is required for providing civic amenities in the Katchi Abadis;
(c) is low-lying and its development is not economical; or
(d) is required for any public purpose.
9. Katchi Abadis Fund.– (1) There shall be a separate fund of each concerned
17
[Governmental Agency] to be known as Katchi Abadis Fund.
(2) The fund shall consist of–
(i) grants and subsidy received from the Feder al Government, the
Provincial Government or
18
[a Governmental Agency];
16Substituted for the words “concerned Development Authority or Tehsil Municipal Administration” by the Punjab Katchi Abadis
(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.6; and published in the Punjab Gazette (Extraordinary), pages 1623 -
1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,
consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XIII of 2009.
17Substituted for t he words “Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis
(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.7; and published in the Punjab Gazette (Extraordinary), pages 1623 -
1625. This Act was originally pr omulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,
consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XIII of 2009.
18Substituted for the words “ any Local Authority ” by the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009),
w.e.f.17.11.2009, s.7; and published in the Punjab Gazette (Extraordinary), pages 1623 -1625. This Act was originally
promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgment
(ii) loans raised or obtained by the
19
[Governmental Agency];
(iii) contributions or donations, aid or gifts received by the Director -General
20
[* * *]
21
[or] the
22
[Governmental Agency]
23
[* * *]; and
(iv) price of land and development charges, recovered under this Act and
other charges, if any, for services rendered by the
24
[Governmental
Agency].
10. Loans, grants, aid and gifts .– The Director-General may, with the previous
sanction of and o n such terms and conditions as may be approved by Government,
obtain–
(i) loans from banks and other sources for carrying out the purposes of
this Act; and
(ii) grants, aid, or gifts from donor agencies of Pakistan or foreign origin.
11. Custody and inve stment.– The amounts credited in the fund shall be
operated, kept and invested in such manner as may be prescribed.
12. Utilization of the Fund.– The amount credited in the fund shall be utilised for
carrying out the purposes of this Act.
13. Accounts.– (1) The accounts of the fund shall be maintained in such manner
and form as may be prescribed.
(2) An annual statement of the accounts shall be prepared by the
25
[Governmental Agency] after the close of every financial year and shall be
transmitted to the Director-General by such date as may be prescribed.
of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of
2009..
19Substitued for the words “ Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis
(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s. 7; and published in the Punjab Gazette (Extraordinary), pages 1623 -
1625. This Act was originally promulgated as Ordi nance XVIII of 2007; was given permanent life by PCO I of 2007; however,
consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XIII of 2009.
20Omitted the Comma “,” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s. 7; and
published in the Punjab Gazette (Extraordinary), pages 83-84. Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject
to any limitation as to duration prescribed in the Constitution.
21Inserted by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.20 02, s.7; and published in the
Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as
amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
22Substituted for the words “Development Authority” Substituted for the words “concerned Development Authority or Tehsil Municipal
Administration” by thePunjab Katchi Abadis ( Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s. 7; and published in the
Punjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.
23 Deleted the words “or Council” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.7;
and published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999
(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be
subject to any limitation as to duration prescribed in the Constitution.
24Substituted for the words “Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis
(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.7; and published in the Punjab Gazette (Extraordinary), pages 1623 -
1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,
consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XIII of 2009.
14. Audit.– The accounts of the fund shall be audited by such Audit Agency as
may be prescribed.
26
[15. Surcharge.– Every member, official or servant of a Governmental Agency
and every person charged with the administration of the fund or acting on behalf of a
Governmental Agency under this Act shall, for misappropriation or misapplication of
any money of the fund which is a direct consequence of his negligence or
misconduct, be liable to pay such surcharge as may be determined by the
Government after giving the person concerned a reasonable opportunity of being
heard and such amount shall be recoverable by the Director General as arrears of
land revenue.]
16. Betterment fee.– (1) Where the Government is of the opinion that in
consequence of the execution of any scheme the value of any property involved in
such scheme has increased or will increase, it may levy upon such property a
betterment fee and collect or cause to be collected the same from the owner there of
or any person in possession thereof or having interest therein.
(2) The betterment fee shall be levied at such rate as may be determined
by the Government:
Provided that such fee shall not be more than half of the amount by which the
value of the proper ty on the completion of the execution of the scheme exceeds the
value of the property prior to such execution.
(3) When it appears to the Government that any scheme is sufficiently
advanced to enable the determination of the betterment fee, the Government may,
by an order made in this behalf, declare, that for the purpose of levying the
betterment fee, the execution of the scheme shall be deemed to have been
completed and thereupon give notice in writing to the owner of the property or any
person in possess ion thereof or having interest therein that the Government
proposes to determine the betterment fee in respect of such property.
(4) The Government shall at the expiry of fifteen days after the service of
the notice under sub -section (3) or if any represen tation is received by the
Government against the determination of betterment fee, after decision on such
representation proceed to levy and collect or cause to be collected betterment fee in
such manner and in accordance with such procedure as may be prescribed.
17. Delegation of powers.– (1) The Government may delegate any of its powers
under this Act to the Director-General.
(2) The Director -General may, with the previous approval of the
Government and subject to such conditions as it may impose, delegateto any person,
25Substituted for the words “Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis
(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.8; and published in the Punjab Gazette (Extraordinary), pages 1623 -
1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,
consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XIII of 2009.
26Substituted by the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.9; and published in the
Punjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009
agency or authority any of his powers, duties or functions under this Act, not being the
powers delegated to him under sub-section (1).
18. Committees.– The Director General may constitute financial, technical or
advisory committees with su ch constitution and functions as the Government may
specify.
19. Power of Government to give Directions .– (1) Government may, from time
to time, give such directions as it considers necessary for the guidance and
compliance by the Director-General.
27
[(2) The Government may direct the Director General or the Governmental
Agency to furnish to it any document, return, statement or any other information
regarding any matter under this Act, and the Director General or the Governmental
Agency shall act accordingly.]
20. Offences and their Cognizance .– (1) Whoever obstructs or causes to
obstruct any person in the discharge of his duties or execution of any scheme or
work under this Act or contravenes, attempts to contravene or abets the
contravention of the order or direction given under this Act or rules in connection with
the execution of such scheme or work shall be punished with imprisonment for a
term which may extend to one year or with fine which may extend to twenty
thousand rupees or with both.
(2) No court shall take cognizance of any offence under this Act except on
a complaint in writing made by the Government, the Director -General or by a person
duly authorised by it or him in this behalf.
(3) No court, inferior to that of a Magistrate of the First Class shall be
competent to take cognizance of an offence under this Act.
21. Validation.– All appointments or regulations made, notifications, orders,
instructions or notices issued, Katchi Abadis declared, schemes prepared, or caused
to be prepared, surveys c onducted or caused to be conducted, contracts entered
into, rights acquired or granted, claims made, proceedings or actions taken before
the commencement of this Act by the Government or any officer or authority in
exercise of powers derived from the Gover nment with regard to regularisation or
development of Katchi Abadis shall be deemed to have been respectively made,
issued, declared, prepared or caused to be prepared, conducted, caused to be
conducted, entered into, acquired, granted, made, or taken under this Act.
22. Power to make Rules .– The Government may make rules for carrying out
the purposes of this Act.
23. Removal of difficulties.– If any difficulty arises in giving effect to any of the
provisions of this Act, the Government may make such orders as may appear
necessary or expedient for the purpose of removal of the difficulty.
27Substitutedby the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.10; and published in the
Punjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated a s Ordinance XVIII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July
2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009