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  "title": "PUNJAB KATCHI ABADIS ACT, 1992",
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  "text": "THE PUNJAB KATCHI ABADIS ACT, 1992\r\n(VIII of 1992)\r\nCONTENTS\r\n1. Short title, extent and commencement\r\n2. Definitions\r\n3. Appointment of Director-General\r\n4. Powers and functions of the Director-General\r\n5. Constitution of Implementation Committees\r\n6. Declaration of Katchi Abadis and Acquisition of Land\r\n7. Schemes\r\n8. Shifting of Occupants of Katchi Abadis\r\n9. Katchi Abadis Fund\r\n10. Loans, grants, aid and gifts\r\n11. Custody and investment\r\n12. Utilization of the Fund\r\n13. Accounts\r\n14. Audit\r\n15. Surcharge\r\n16. Betterment fee\r\n17. Delegation of powers\r\n18. Committees\r\n19. Power of Government to give Directions\r\n20. Offences and their Cognizance\r\n21. Validation\r\n22. Power to make Rules\r\n23. Removal of difficulties\r\nTEXT\r\n1\r\nTHE PUNJAB KATCHI ABADIS ACT, 1992\r\n(VIII of 1992)\r\n[19th September, 1992]\r\nAn\r\nAct\r\nto make provisions for regularisation, development and improvement of Katchi\r\nAbadis.\r\nPreamble.– Whereas it is expedient to make provisions for regularization of Katchi\r\nAbadis and to provide for development and improvement thereof.\r\nIt is hereby enacted as follows:–\r\n1. Short title, extent and commencement .– (1) This Act may be called the\r\nPunjab Katchi Abadis Act, 1992.\r\n(2) It shall extend to the whole of the Province of the Punjab.\r\n(3) It shall come into force at once.\r\n2. Definitions.– (1) In this Act, unless there is anything repugnant in the subject\r\nor context–\r\n2\r\n[(i) * * * * * * * * * * * ]\r\n3\r\n[(ii) * * * * * * * * * * * ]\r\n(iii) ‘Director-General’ means the Director -General of Katchi Abadis,\r\nPunjab;\r\n(iv) ‘Dwelling Unit’ means a house or any similar s tructure, built of any\r\nmaterial, and used wholly or partially for human habitation;\r\n4\r\n[(iv-a) “Government” means Government of the Punjab;]\r\n5\r\n[(iv-b) “Governmental Agency” means–\r\n1This Act was passed by the Punjab Assembly on 9th September, 1992; assented to by the Governor of the Punjab on 15th\r\nSeptember, 1992; and, was published in the Punjab Gaze tte (Extraordinary), dated 19th September, 1992, Pages 3035 -I to\r\n3035-N.\r\n2Omittedby the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009) , w.e.f.17.11.2009, s.2; and published in the Punjab\r\nGazette (Extraordinary), pages 1623-1625. This Act was ori ginally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n3Omitted by thePunjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.2; and published in the Punjab\r\nGazette (Extraordinary), pages 1623 -1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n4Inserted by thePunjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.2; and published in the Punjab\r\nGazette (Extraordinary), pages 1623 -1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the S upreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n5Inserted by thePunjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.2; and published in the Punjab\r\nGazette (Extraordinary), pages 1623 -1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\n(a) a local government established under the Punjab Local\r\nGovernment Ordinance, 2001 (XIII of 2001), a cantonment\r\ndeclared as such under the Cantonments Act, 1924 (II of 1924) or\r\nunder the Cantonments Ordinance, 2002 (CXXXVIII of 2002) or a\r\nDevelopment Authority established under any law for the time\r\nbeing in force; or\r\n(b) a division , attached department, bureau, section, commission,\r\nboard, office, company, statutory body or unit of the Government.]\r\n(v) ‘Implementation Committee’ means a Committee constituted under\r\nSection\r\n6\r\n[5] of this Act;\r\n(vi) ‘Katchi Abadi’ means any area declared as such under Section\r\n7\r\n[6] of\r\nthis Act;\r\n(vii) ‘Prescribed’ means prescribed by rules; and\r\n(viii) ‘Rules’ means rules framed under this Act.\r\n(2) Words and expression not defined in this Act shall, unless the context\r\notherwise requires, have the meanings ass igned to them in the Punjab\r\nLocal Government Ordinance,\r\n8\r\n[2001 (XIII of 2001)].\r\n3. Appointment of Director -General.– (1) There shall be appointed by\r\nGovernment a Director-General for carrying out the purposes of this Act.\r\n(2) The Director-General shall be provided with such officers and staff as\r\nis considered necessary by the Government for the efficient performance of the\r\nfunctions of the Director-General.\r\n4. Powers and functions of the Director-General.– (1) Subject to the provisions\r\nof this Act and general control of the Government, the Director-General, shall exercise\r\nsuch powers and perform such functions and duties as may be necessary for carrying\r\nout the purposes of this Act.\r\n(2) Without prejudice to the generality of the foregoing provision, the\r\nDirector-General shall–\r\n(i) implement policies formulated by the Government for the\r\nregularisation, development and improvement of a Katchi Abadi;\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n6Substituted for the figure “7” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002) , w.e.f.11.1.2002, s.2;\r\nand published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999\r\n(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be\r\nsubject to any limitation as to duration prescribed in the Constitution.\r\n7Substituted for the figure “8” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.2;\r\nand published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999\r\n(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be\r\nsubject to any limitation as to duration prescribed in the Constitution.\r\n8Substituted for the figures, brackets , full -stops and the words “1 979 (Pb. Ord. VI of 1979)” by the Punjab Katchi Abadis\r\n(Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages\r\n83-84. Under Article 5A of the Provisional Constitution Order 1999 (I of 1999) , as amended, read with Article 270AA of the\r\nConstitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed i n the\r\nConstitution..\r\n(ii) lay-down guidelines for the imp lementation of such policies by the\r\nconcerned authorities;\r\n(iii) identify an area to be declared as a Katachi Abadi under this Act;\r\n(iv) arrange or carry out detailed physical survey, and census of occupants\r\nof the Katchi Abadis and prepare or cause to be prepared plans and\r\namelioration plans and designs of infrastructural works in connection\r\nwith the regularisation and development of the Katchi Abadis;\r\n(v) formulate development and financial programmes in respect of the\r\nKatchi Abadis and determine implem entation strategy of such\r\nprogramme;\r\n(vi) oversee the operation of the fund;\r\n(vii) acquire, hold, control and administer, movable or immovable property\r\nor dispose of such property;\r\n(viii) prepare or cause to be prepared schemes and execute or cause to be\r\nexecuted such schemes;\r\n(ix) undertake, where necessary, low cost housing and redevelopment\r\nschemes for resettlement of shiftees from the Katchi Abadis and the\r\nareas which are not regularisable as Katchi Abadis;\r\n(x) enter into and perform contracts;\r\n(xi) incur expenditure for carrying out the purposes of this Act;\r\n(xii) arrange civic amenities and civic services in the Katchi Abadis through\r\n9\r\n[a Governmental Agency or a donor agency of Pakistan or foreign\r\norigin];\r\n(xiii) take such steps as may be necessary or conducive to the attainment of\r\nthe objects of the appointment of the Director-General;\r\n(xiv) inspect or cause to be inspected the development schemes of Katchi\r\nAbadis and may is sue such instructions as may be necessary with\r\nregard to the sanctioning and preparation of such schemes;\r\n(xv) call for the record of any of the proceedings of the Implementation\r\nCommittee and to alter its decisions if deemed proper subject to the prior\r\napproval of the Government;\r\n(xvi) evict or cause to be evicted unauthorised persons or remove or cause\r\nto be removed encroachments from Katchi Abadis in accordance with\r\nthe law for the time being in force;\r\n10\r\n[(xvii) decide, with the prior approval of the Government, all disputes between\r\nan Implementation Committee and a Governmental Agency with regard\r\n9Substituted for the words , comma and sla shes “the Tehsil Municip al Administration/Development Authorities/Cantonment\r\nBoards, other concerned agencies or donor agencies of Pakistan or foreign origin” by the Punjab Katchi Abadis (Amendment)\r\nAct 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\r\nwas originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon\r\nthe judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was l aid in the Assembly; and was enacted\r\nas Act XIII of 2009 .which were earlier substituted  for the words “Local Councils” by the Punjab Katchi Abadis (Amendment)\r\nOrdinance, 2002 (IV of 2002), w.e.f.11.1.2002, s. 3; and published in the Punjab Gazette (Extraor dinary), pages 83-84. Under\r\nArticle 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the\r\nIslamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.\r\nto a survey list, fixation of market price of the land and all matters\r\nconcerning the regularization or development of Kachi Abadis; and]\r\n(xviii) issue directions with regard to Survey Lists, fixation of market price and\r\ndevelopment charges.\r\n5. Constitution of Implementation Committees.–\r\n11\r\n[(1) The Government shall\r\nconstitute an Implementation Committee for a district in which a Katchi Abadi is located.]\r\n(2) The Committee shall consist of a Chairman and such other members\r\nas Government may appoint.\r\n(3) The Committee may co-opt any person as its member for any particular\r\npurpose.\r\n(4) The Committee shall–\r\n(i) assist the Government and the Director -General in the perf ormance of\r\ntheir functions;\r\n(ii) be responsible for effective co -ordination of the activities of the\r\nDirector-General pertaining to Katchi Abadis with those of the\r\nconcerned Agencies in the respective areas;\r\n(iii) ensure prevention of encroachments in Katchi Abadis;\r\n(iv) take such steps as may be necessary or conducive to the attainment of\r\nthe objectives of this Act; and\r\n(v) perform such other functions as may be assigned to it by the\r\nGovernment.\r\n(5) The Committee shall function in such manner as the Gover nment may\r\nspecify.\r\n6. Declaration of Katchi Abadis and Acquisition of Land .– (1) Subject to the\r\nprovisions of sub -sections (2), (3), (4) and (5) and the directions, if any, of\r\nGovernment, the Director -General may, after such enquiry as he deems fit, by\r\nnotification in the official gazette, declare any area or part thereof which was\r\noccupied unauthorisedly before the\r\n12\r\n[31st December\r\n13\r\n[2011] ] and continues to be so\r\noccupied and has at least forty dwelling units on it to be a Katchi Abadi:\r\n10Substituted by the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.3; and published in the\r\nPunjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n11Substituted by the Punjab Katchi Abad is (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.4; and published in the\r\nPunjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequ ent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n12Substituted for the words,the comma and the figures “23rd of March, 1985” by the Punjab Katchi Abadis (Amendment) Act\r\n2009 (XIII of 2009), w.e.f.17.11.2009, s.5; and published in the Punjab Gazette (Extraordinary), pages 1623-1625. This Act was\r\noriginally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon the\r\njudgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as\r\nAct XIII of 2009.\r\n13Substituted for the figure “2006” by the Punjab Katchi Abadis (Amendment) Act 2012 (XXXIII of 2012) , w.e.f.18.4.2012, s.2;\r\nand published in the Punjab Gazette (Extraordinary), page 41057.\r\nProvided that the G overnment may\r\n14\r\n[by] notification from time to time re -\r\ndetermine the number of dwelling units for the purpose of declaration of a Katchi\r\nAbadi.\r\n(2) No area belonging to the Federal Government or any authority or\r\nCorporation or body established or controlled by the Federal Government shall be\r\ndeclared as Katchi Abadi without the consent of the Federal Government.\r\n(3) Except as otherwise provided, no area owned by a person or a society\r\nshall be declared as Katchi Abadi except with the consent of such person or society\r\nand the Katchi Abadi so declared shall be subject to such terms and conditions as\r\nmay be agreed to between such person or, as the case may be, society and the\r\nDirector-General.\r\n(4) Except as otherwise directed by the Government, no area which is\r\nreserved for the purposes of roads, streets, water supply arrangements, sewerage or\r\nother conservancy arrangements, hospitals, schools, colleges, libraries,\r\nplaygrounds, gardens, mosques, graveyards, railways, high tension lines, or similar\r\nother purposes o r is not safe from flood hazard, shall be declared to be a Katchi\r\nAbadi.\r\n(5) Where the Government is of the opinion that the area referred to in sub-\r\nsection (3) cannot be acquired by consent or agreement, the area may be acquired\r\nunder the provisions of the Land Acquisition Act, 1894 (I of 1894).\r\n(6) An area declared to be a Katchi Abadi shall, subject to the agreement\r\nreferred to in sub -section (3), vest in the Development Authority or the\r\n15\r\n[Tehsil\r\nMunicipal Administration] within whose area it falls.\r\n7. Schemes.– (1) The Director -General shall prepare or cause to be prepared\r\nschemes for development, improvement, or regularisation of Katchi Abadis including\r\nthe grant of proprietary rights in Katchi Abadis to the dwellers thereof and the\r\nschemes so prepared shall have effect on being sanctioned by the Government.\r\n(2) The schemes may relate to–\r\n(i) community planning, housing, re -housing including low cost housing\r\nand amelioration;\r\n(ii) rehabilitation of occupants of Katchi Abadi in the same Katchi Abadi or\r\nwhere it is not possible in some other area or locality;\r\n(iii) community facilities including water supply, sewerage disposal, electricity\r\nsupply, gas and other public utilities or amenities;\r\n(iv) roads and streets; and\r\n(v) any subject or matter incidental or ancillary to the purposes of this Act.\r\n14Substituted for the word “be” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.5;\r\nand published in the Punjab Gazette (Extraordinary), pages 83-84. Under Article 5A of the Provisional Constitution Order 1999\r\n(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be\r\nsubject to any limitation as to duration prescribed in the Constitution.\r\n15Substituted for the word “Council” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002,\r\ns.6; and published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Const itution Order\r\n1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not\r\nbe subject to any limitation as to duration prescribed in the Constitution.\r\n(3) Government may, by notification in the officialgazette, alter or amend the\r\nlist of subjects given in sub-section (2), and any such addition or modification shall take\r\neffect as if it had been enacted in this Act.\r\n(4) All schemes shall be prepared in such manner and form as\r\nGovernment may specify, and shall contain, among other things, the following\r\ninformation, namely:–\r\n(i) description of the scheme and the manner of its execution;\r\n(ii) estimate of costs and benefits;\r\n(iii) allocation of costs to the various purposes to be served by the scheme;\r\n(iv) date of commencement; and\r\n(v) date of completion.\r\n(5) At any time after sanctioning of any scheme but before its completion,\r\nGovernment may, on its own motion or on the recommendation of the Director -\r\nGeneral, alter it.\r\n(6) The Director -General, and if so directed by him the\r\n16\r\n[Governmental\r\nAgency], shall execute or cause to be executed the sanctioned schemes and take\r\nsuch measures and exercise such powers including the power of removal of\r\nencroachments in accordance with the law for the time being in force as may be\r\nnecessary for the purpose.\r\n8. Shifting of Occupants of Katchi Abadis .– (1) Occupants of any Katchi\r\nAbadi may, with the prior approval of the Government, be shifted by the Director -\r\nGeneral if the land under a Katchi Abadi or a part thereof–\r\n(a) is not transferred by the owner of the land;\r\n(b) is required for providing civic amenities in the Katchi Abadis;\r\n(c) is low-lying and its development is not economical; or\r\n(d) is required for any public purpose.\r\n9. Katchi Abadis Fund.– (1) There shall be a separate fund of each concerned\r\n17\r\n[Governmental Agency] to be known as Katchi Abadis Fund.\r\n(2) The fund shall consist of–\r\n(i) grants and subsidy received from the Feder al Government, the\r\nProvincial Government or\r\n18\r\n[a Governmental Agency];\r\n16Substituted for the words “concerned Development Authority or Tehsil Municipal Administration” by the Punjab Katchi Abadis\r\n(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.6; and published in the Punjab Gazette (Extraordinary), pages 1623 -\r\n1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,\r\nconsequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;\r\nand was enacted as Act XIII of 2009.\r\n17Substituted for t he words “Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis\r\n(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.7; and published in the Punjab Gazette (Extraordinary), pages 1623 -\r\n1625. This Act was originally pr omulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,\r\nconsequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;\r\nand was enacted as Act XIII of 2009.\r\n18Substituted for the words “ any Local Authority ” by the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009),\r\nw.e.f.17.11.2009, s.7; and published in the Punjab Gazette (Extraordinary), pages 1623 -1625. This Act was originally\r\npromulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgment\r\n(ii) loans raised or obtained by the\r\n19\r\n[Governmental Agency];\r\n(iii) contributions or donations, aid or gifts received by the Director -General\r\n20\r\n[* * *]\r\n21\r\n[or] the\r\n22\r\n[Governmental Agency]\r\n23\r\n[* * *]; and\r\n(iv) price of land and development charges, recovered under this Act and\r\nother charges, if any, for services rendered by the\r\n24\r\n[Governmental\r\nAgency].\r\n10. Loans, grants, aid and gifts .– The Director-General may, with the previous\r\nsanction of and o n such terms and conditions as may be approved by Government,\r\nobtain–\r\n(i) loans from banks and other sources for carrying out the purposes of\r\nthis Act; and\r\n(ii) grants, aid, or gifts from donor agencies of Pakistan or foreign origin.\r\n11. Custody and inve stment.– The amounts credited in the fund shall be\r\noperated, kept and invested in such manner as may be prescribed.\r\n12. Utilization of the Fund.– The amount credited in the fund shall be utilised for\r\ncarrying out the purposes of this Act.\r\n13. Accounts.– (1) The accounts of the fund shall be maintained in such manner\r\nand form as may be prescribed.\r\n(2) An annual statement of the accounts shall be prepared by the\r\n25\r\n[Governmental Agency] after the close of every financial year and shall be\r\ntransmitted to the Director-General by such date as may be prescribed.\r\nof the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of\r\n2009..\r\n19Substitued for the words “ Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis\r\n(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s. 7; and published in the Punjab Gazette (Extraordinary), pages 1623 -\r\n1625. This Act was originally promulgated as Ordi nance XVIII of 2007; was given permanent life by PCO I of 2007; however,\r\nconsequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;\r\nand was enacted as Act XIII of 2009.\r\n20Omitted the Comma “,” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s. 7; and\r\npublished in the Punjab Gazette (Extraordinary), pages 83-84. Under Article 5A of the Provisional Constitution Order 1999 (I of\r\n1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject\r\nto any limitation as to duration prescribed in the Constitution.\r\n21Inserted by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.20 02, s.7; and published in the\r\nPunjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as\r\namended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any\r\nlimitation as to duration prescribed in the Constitution.\r\n22Substituted for the words “Development Authority” Substituted for the words “concerned Development Authority or Tehsil Municipal\r\nAdministration” by thePunjab Katchi Abadis ( Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s. 7; and published in the\r\nPunjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009.\r\n23 Deleted the words “or Council” by the Punjab Katchi Abadis (Amendment) Ordinance, 2002 (IV of 2002), w.e.f.11.1.2002, s.7;\r\nand published in the Punjab Gazette (Extraordinary), pages 83 -84. Under Article 5A of the Provisional Constitution Order 1999\r\n(I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be\r\nsubject to any limitation as to duration prescribed in the Constitution.\r\n24Substituted for the words “Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis\r\n(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.7; and published in the Punjab Gazette (Extraordinary), pages 1623 -\r\n1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,\r\nconsequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;\r\nand was enacted as Act XIII of 2009.\r\n14. Audit.– The accounts of the fund shall be audited by such Audit Agency as\r\nmay be prescribed.\r\n26\r\n[15. Surcharge.– Every member, official or servant of a Governmental Agency\r\nand every person charged with the administration of the fund or acting on behalf of a\r\nGovernmental Agency under this Act shall, for misappropriation or misapplication of\r\nany money of the fund which is a direct consequence of his negligence or\r\nmisconduct, be liable to pay such surcharge as may be determined by the\r\nGovernment after giving the person concerned a reasonable opportunity of being\r\nheard and such amount shall be recoverable by the Director General as arrears of\r\nland revenue.]\r\n16. Betterment fee.– (1) Where the Government is of the opinion that in\r\nconsequence of the execution of any scheme the value of any property involved in\r\nsuch scheme has increased or will increase, it may levy upon such property a\r\nbetterment fee and collect or cause to be collected the same from the owner there of\r\nor any person in possession thereof or having interest therein.\r\n(2) The betterment fee shall be levied at such rate as may be determined\r\nby the Government:\r\nProvided that such fee shall not be more than half of the amount by which the\r\nvalue of the proper ty on the completion of the execution of the scheme exceeds the\r\nvalue of the property prior to such execution.\r\n(3) When it appears to the Government that any scheme is sufficiently\r\nadvanced to enable the determination of the betterment fee, the Government may,\r\nby an order made in this behalf, declare, that for the purpose of levying the\r\nbetterment fee, the execution of the scheme shall be deemed to have been\r\ncompleted and thereupon give notice in writing to the owner of the property or any\r\nperson in possess ion thereof or having interest therein that the Government\r\nproposes to determine the betterment fee in respect of such property.\r\n(4) The Government shall at the expiry of fifteen days after the service of\r\nthe notice under sub -section (3) or if any represen tation is received by the\r\nGovernment against the determination of betterment fee, after decision on such\r\nrepresentation proceed to levy and collect or cause to be collected betterment fee in\r\nsuch manner and in accordance with such procedure as may be prescribed.\r\n17. Delegation of powers.– (1) The Government may delegate any of its powers\r\nunder this Act to the Director-General.\r\n(2) The Director -General may, with the previous approval of the\r\nGovernment and subject to such conditions as it may impose, delegateto any person,\r\n25Substituted for the words “Development Authority or the Tehsil Municipal Administration” by the Punjab Katchi Abadis\r\n(Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.8; and published in the Punjab Gazette (Extraordinary), pages 1623 -\r\n1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given permanent life by PCO I of 2007; however,\r\nconsequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;\r\nand was enacted as Act XIII of 2009.\r\n26Substituted by the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.9; and published in the\r\nPunjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated as Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009\r\nagency or authority any of his powers, duties or functions under this Act, not being the\r\npowers delegated to him under sub-section (1).\r\n18. Committees.– The Director General may constitute financial, technical or\r\nadvisory committees with su ch constitution and functions as the Government may\r\nspecify.\r\n19. Power of Government to give Directions .– (1) Government may, from time\r\nto time, give such directions as it considers necessary for the guidance and\r\ncompliance by the Director-General.\r\n27\r\n[(2) The Government may direct the Director General or the Governmental\r\nAgency to furnish to it any document, return, statement or any other information\r\nregarding any matter under this Act, and the Director General or the Governmental\r\nAgency shall act accordingly.]\r\n20. Offences and their Cognizance .– (1) Whoever obstructs or causes to\r\nobstruct any person in the discharge of his duties or execution of any scheme or\r\nwork under this Act or contravenes, attempts to contravene or abets the\r\ncontravention of the order or direction given under this Act or rules in connection with\r\nthe execution of such scheme or work shall be punished with imprisonment for a\r\nterm which may extend to one year or with fine which may extend to twenty\r\nthousand rupees or with both.\r\n(2) No court shall take cognizance of any offence under this Act except on\r\na complaint in writing made by the Government, the Director -General or by a person\r\nduly authorised by it or him in this behalf.\r\n(3) No court, inferior to that of a Magistrate of the First Class shall be\r\ncompetent to take cognizance of an offence under this Act.\r\n21. Validation.– All appointments or regulations made, notifications, orders,\r\ninstructions or notices issued, Katchi Abadis declared, schemes prepared, or caused\r\nto be prepared, surveys c onducted or caused to be conducted, contracts entered\r\ninto, rights acquired or granted, claims made, proceedings or actions taken before\r\nthe commencement of this Act by the Government or any officer or authority in\r\nexercise of powers derived from the Gover nment with regard to regularisation or\r\ndevelopment of Katchi Abadis shall be deemed to have been respectively made,\r\nissued, declared, prepared or caused to be prepared, conducted, caused to be\r\nconducted, entered into, acquired, granted, made, or taken under this Act.\r\n22. Power to make Rules .– The Government may make rules for carrying out\r\nthe purposes of this Act.\r\n23. Removal of difficulties.– If any difficulty arises in giving effect to any of the\r\nprovisions of this Act, the Government may make such orders as may appear\r\nnecessary or expedient for the purpose of removal of the difficulty.\r\n27Substitutedby the Punjab Katchi Abadis (Amendment) Act 2009 (XIII of 2009), w.e.f.17.11.2009, s.10; and published in the\r\nPunjab Gazette (Extraordinary), pages 1623-1625. This Act was originally promulgated a s Ordinance XVIII of 2007; was given\r\npermanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July\r\n2009, this Ordinance was laid in the Assembly; and was enacted as Act XIII of 2009",
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