MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, 1986

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: b11688832ade88bd489da7240cc539fa99203c3e810b612458146c147efc1ae9.

THE MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, 
1986 
(I of 1987) 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
ESTABLISHMENT AND CONSTITUTION 
OF THE AUTHORITY 
3. Establishment and constitution 
4. Members of the Authority 
CHAPTER III 
POWERS AND FUNCTIONS 
5. Powers and functions 
6. Delegation 
7. Appointment of officers etc. and association of other persons 
8. Committees 
CHAPTER IV 
DIRECTOR-GENERAL 
9. Appointment and terms of office 
CHAPTER V 
EXECUTIVE POWERS AND CONDUCT OF BUSINESS 
10 Executive authority 
11. Disposal of business 
12. Meetings 
CHAPTER VI 
PREPARATION AND EXECUTION OF SCHEMES 
13. Preparation of schemes 
14. Modification of schemes 
15. Power to give directions 
CHAPTER VII 
GENERAL 
16. Directions by the Government 
17. Borrowing money 
18. Power to levy betterment fee 
19. Assessment of betterment fee 
CHAPTER VIII 
FINANCES, ACCOUNTS AND AUDIT 
20. Authority Fund 
21. Rates and Fees 
22. Accounts 
23. Budget 
24. Audit 
CHAPTER IX 
PENALTY AND PROCEDURE 
25. Penalty 
26. Procedure 
CHAPTER X 
MISCELLANEOUS 
27. Annual Report 
28. Recovery of dues 
29. Removal of building etc. erected or used in contravention of this Act 
30. Members, Officers and employees to be public servants 
31. Immunity of the authority and its employees 
32. Power to make rules 
33. Power to make regulations 
34. This Act to prevail over other laws 
35. Power of the Government 
36. Dissolution 
 
TEXT 
1
THE MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, 1986 
(I of 1987) 
[12th January, 1987] 
An 
Act 
to provide for the establishment of the Murree-Kahuta Development Authority 
Preamble.– WHEREAS it is expedient to establish an Authority for the development 
of Murree and Kahuta Tehsils of Rawalpindi; 
It is hereby enacted as follows:– 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement .– (1) This Act may be called the 
Murree-Kahuta Development Authority Act, 1986. 
(2) It shall extend to such areas of Murree and Kahuta Tehsils of 
Rawalpindi District as may, from time to time, be notified by the Government. 
(3) It shall come into force at once. 
2. Definitions.– In this Act unless there is anything repugnant in the subject or 
context– 
(a) ‘Authority’ means the Murree-Kahuta Development Authority; 
(b) ‘Area’ means the area of the jurisdiction of the Authority as notified; 
(c) ‘Chairman’ means Chairman of the Authority; 
(d) ‘Director-General’ means Director-General of the Authority; 
(e) ‘Government’ means Government of the Punjab; 
(f) ‘Government Agency’ includes– 
(i) a division, department, bureau section, commission, board, 
office, or unit of the Government; 
(ii) a Local Council; and 
(iii) a development or any other public authority, company or 
corporation owned or controlled by Government o r a Local 
Council; 
(g) ‘Land’ includes earth, water and air above below or on the surface and 
any improvements in the structure customarily regarded as land and 
                                                           
1This Act was passed by the Punjab Assembly on 21st December, 1986; assented to by the Governor of the Punjab on 5th 
January, 1987; and, was published in the Punjab  
benefit arising out of land and things attached to earth or permanently 
fastened to earth; 
(h) ‘member’ means a member of the Authority and includes its Chairman; 
(i) ‘person’ includes an individual, company, firm, co -operative society or 
Association of individuals whether incorporated or not; and 
(j) ‘prescribed’ means prescribed by rules or regula tions made under this 
Act. 
CHAPTER-II 
Establishment and Constitution of the Authority 
3. Establishment and constitution .– (1) As soon as may be after the 
commencement of this Act, the Government may, by notification, establish an Authority 
known as “The Murree-Kahuta Development Authority”. 
(2) The Authority shall be a body corporate having perpetual succession 
and a common seal with powers, subject to the provisions of this Act, to acquire, 
hold and transfer property, both movable and immovable and may by its name sue 
or be sued. 
4. Members of the Authority .– (1) The Authority shall consist of the following 
members:– 
(a) Chief Minister; 
(b) Minister Incharge; 
(c) All members of the Provincial and National Assembly whose 
constituency falls partly or wholly within the region; 
(d) Chairman, Planning and Development Board; 
(e) Secretary, Finance Department; 
(f) Secretary, Forest, Wildlife and Tourism; 
(g) Secretary, Housing and Physical Planning Department; 
(h) Secretary, Communications & Works Department; 
(i) Commissioner, Rawalpindi Division, Rawalpindi; 
(j) Director-General; and 
(k) Such other persons as may be nominated by the Government. 
(2) The Chief Minister shall be the Chairman of the Authority. 
(3) The Government may, by notification, alter the membersh ip of the 
Authority or increase or decrease the number of its members. 
(4) A member may resign his office by submitting his resignation in writing 
to the Government. 
(5) A member other than an official member shall stand removed from the 
membership of the Authority on his removal from the seat of the Provincial Assembly 
or the National Assembly, as the case may be. 
CHAPTER-III 
Powers and Functions 
5. Powers and functions .– (1) Subject to the provisions of this Act and the 
rules framed thereunder, the Author ity may exercise such powers and take such 
measures as may be necessary for carrying out the purposes of this Act. 
(2) Without prejudice to the generality of the foregoing sub -section, the 
Authority may– 
(a) prepare, implement and enforce schemes for devel opment of 
education, health, agriculture and industry, forest conservation and 
development, preservation of wildlife, promotion of tourism, 
improvement of water supply, land slide management, development of 
irrigation facilities, development of means of co mmunication, 
construction and development of housing, sewerage, drainage, 
environmental improvement and slum clearance; 
(b) acquire property, both movable and immovable; 
(c) sell, lease, exchange or otherwise dispose of any property vested in it; 
(d) undertake any works and incur any expenditure; 
(e) procure machinery, instruments or any other material required by it; 
(f) enter into contracts; 
(g) cause studies, surveys, experiments, technical resea rches or 
contribute towards the cost of any such studies, s urveys, experiments 
or technical researches, made by any other Agency; 
(h) issue interim development orders for areas for which a scheme is 
under preparation and restrict or regulate by general or special order, 
any change in the use of land and alteration  in building structure and 
installations; 
(i) cause removal of any works obstructing the execution of its schemes; 
(j) seek and obtain advice and assistance for the preparation of any 
scheme, or for the execution of any scheme from any Government 
Agency or  person, and such Agency or person shall give the advice 
and assistance sought by the Authority to the best of its ability, 
knowledge and judgement and the additional expenditure if any, 
involved in giving such advice or assistance shall be borne by the 
Authority; and 
(k) undertake any other function which the Government may assign to it. 
(3) The Authority with the approval of the Government may, and if directed 
by the Government, shall undertake the maintenance and regulation of schemes and 
other activities of a Government Agency as may be necessary and when a scheme 
or any activity is undertaken by the Authority, the assets and liabilities connected 
therewith shall also stand transferred to the Authority. 
(4) The Authority with the approval of the Governme nt may, and if directed 
by the Government, shall transfer any of its functions and powers to a Government 
Agency on such terms and conditions as it may deem fit. 
6. Delegation.– (1) The Government may delegate to the Authority all or any of 
its functions and powers including powers to levy or recover a tax. 
(2) The Authority may, by general or special order, delegate to the 
Director-General or a Committee constituted under section 8 or a member or any 
officer of the Authority any of its powers, duties and f unctions under this Act, subject 
to such conditions as it may impose. 
7. Appointment of officers etc. and association of other persons .– (1) The 
Authority may subject to such general or special order as the Government may give, 
appoint such officers, advis ers, experts, consultants and employees, as it considers 
necessary for the efficient performance of its functions on such terms and conditions 
as it may deem fit. 
(2) The Authority may associate with it, in such manner, on such terms 
and for such purpose a s it may deem fit, any person whose assistance or advice it 
may require in carrying out its functions. 
8. Committees.– The Authority may constitute such financial, technical and 
advisory committees as may be deemed necessary for carrying out the purposes o f 
this Act and such committees shall exercise such powers and perform such functions 
as may be delegated or assigned to them. 
CHAPTER-IV 
DIRECTOR-GENERAL 
9. Appointment and terms of office .– (1) The Director -General may be 
appointed by Government on such terms and conditions as it may determine. 
(2) The Director-General shall– 
(a) be a whole-time officer of the Authority; 
(b) perform such duties as may be assigned to him and exercise such 
powers as may be delegated to him by the Authority; and 
(c) hold office during the pleasure of the Governor. 
CHAPTER-V 
Executive Powers and Conduct of Business 
10. Executive authority .– (1) Save as otherwise provided, the executive 
authority of the Authority shall vest in, and be exercised by, its Director-General. 
(2) All acts of the Authority whether executive or not, shall be expressed 
and taken in the name of the Authority and shall be authenticated by the Director -
General by affixation of his official seal. 
11. Disposal of business .– (1) The business of the Authority sh all be disposed 
of at its meetings, or at the meetings of its committees, or by its Director -General or 
servants or other functionaries. 
(2) No act or proceedings of the Authority shall be invalid merely by reason 
of any vacancy in, or defect in, the constitution of the Authority. 
12. Meetings.– (1) The members of the Authority shall meet at such place and at 
such time as the Authority may decide. 
(2) The Authority may frame regulations for the conduct of its meetings. 
(3) The Chairman and in his absence an y other mem ber of the Authority 
elected by the members for that purpose shall preside over a meeting. 
(4) The Authority shall hold at least one meeting in each quarter of the 
year. 
CHAPTER-VI 
Preparation and Execution of Schemes 
13. Preparation of schemes .– The Authority shall, in such form and in such 
manner as may be prescribed, prepare schemes for the area or any part thereof. 
14. Modification of schemes .– A scheme prepared under this Act may, at any 
time be amended, modified or abandoned by the Authorit y in such form and in such 
manner as may be decided by the Authority. 
15. Power to give directions .– (1) The Authority may, with the prior approval of 
the Government, require a Government Agency, within whose jurisdiction any 
particular locality or aspect of development covered by a scheme lies– 
(a) to execute a scheme in consultation with the Authority; 
(b) to take over and maintain any of the works and services in that areas; 
(c) to provide any amenity in relation to the land which, in the opinion of 
the Authority, ought to be provided; and 
(d) to enforce regulations on behalf of the Authority. 
(2) The expenditure incurred on the execution of any scheme or on the 
taking over or maintenance of any work, or the enforcement of regulations, under 
this section,  shall be borne, as may be agreed to between the Authority and the 
Government Agency and in the event of disagreement, as may be determined by the 
Government. 
CHAPTER-VII 
GENERAL 
16. Directions by the Government .– The Authority shall, in discharging its 
functions, act and be guided by such directions as the Government may give to it 
from time to time. 
17. Borrowing money .– (1) The Authority shall be deemed to be a “ Local 
Authority” for the purpose of borrowing money and any scheme or project prepared 
or undertaken by the Authority shall be deemed to be ‘work’ as defined in section 2 
of the Local Authorities Loans Act, 1914 (Act IX of 1914): 
Provided that no local or foreign loan shall be obtained by the Authority 
without the previous sanction of the Government. 
(2) The Authority may, in consultation with the Government, borrow money 
or raise funds by issuing bonds or debentures or otherwise for carrying out the 
purposes of this Act according to profit/loss as may be approved by the Government. 
18. Power to le vy betterment fee .– Where as a consequence of any scheme 
having been executed by the Authority, the value of any property in that locality, in 
the opinion of the Authority, has increased, the Authority, may with the previous 
consent of the Government, levy  upon the owner of the property or any person 
having an interest therein, a betterment fee in respect of the increase in value of the 
property resulting from the execution of the scheme. 
19. Assessment of betterment fee .– (1) Where it appears to the Author ity that 
any particular development scheme is sufficiently advanced to enable the amount of 
the betterment fee to be determined the Authority may, by an order made in this 
behalf, declare that for the purpose of determining the betterment fee, the executio n 
of the scheme shall be deemed to have been completed and shall thereafter give 
notice in writing to the owner of the property or any person having an interest therein 
that the Authority proposes to assess the amount of betterment fee in respect of the 
property mentioned in Section 18. 
(2) The betterment fee under Section 18 or under sub -section (1) of this 
section, shall be assessed and be payable, in the manner prescribed. 
CHAPTER-VIII 
Finances, Accounts and Audit 
20. Authority Fund .– (1) There shall be formed a fund to be known as the 
“Authority Fund” which shall vest in the Authority and shall be utilized by the Authority 
in connection with its functions under this Act including the payment of salaries and 
other remuneration to the members, officers, servants, experts and consultants of the 
Authority. 
(2) To the credit of the Authority Fund, shall be credited– 
(a) grants made by the Government; 
(b) all moneys received from the Federal Government or any international 
agency by way of grants, loans, advances or otherwise; 
(c) all fees, rates and charges received by the Authority under this Act; 
(d) all moneys received by the Authority from the disposal of lands, 
buildings and other properties movable or immovable; 
(e) proceeds from the self-financing schemes; 
(f) loans obtained from the Government or State Bank of Pakistan or any 
Scheduled Bank with special or general sanction of the Government; 
(g) all profits or interests accruing from investment; and 
(h) such proceeds from the sources of income or disposa l of assets of the 
Government, as Government may direct to be placed at the disposal of 
the Authority. 
(3) The Authority may keep in current account of any scheduled bank such 
sum as may be prescribed and any amount in excess of the said amount shall be 
invested in any Government securities, Government sponsored saving schemes or 
in such other manner as may be determined by the Authority. 
Explanation.– For the purpose of this sub -section, Government includes Federal 
Government. 
21. Rates and Fees .– With the  previous consent of the Government, adequate 
funds may be raised by the Authority from time to time, to meet the cost of its 
schemes by imposing rates, fees and other charges at such rates and in such 
manner as may be prescribed. 
22. Accounts.– The Authority shall maintain proper accounts and other relevant 
records and prepare annual statement of accounts in such form as may be 
prescribed. 
23. Budget.– The Authority shall prepare, every year, in such form and at such 
time as may be prescribed, a budget in respect of the financial year next ensuing 
showing the estimated receipts and expenditure of the Authority and shall submit the 
same to the Government for approval and if the Government does not approve the 
budget, with or without modifications, within thi rty days of its receipt, the budget as 
prepared by the Authority shall be deemed to be the approved budget. 
24. Audit.– The account of the Authority shall be audited in such manner as may 
be directed by the Government. 
CHAPTER-IX 
Penalty and Procedure 
25. Penalty.– (1) Whoever contravenes any provision of this Act, or any rules or 
regulations made thereunder shall, if no other penalty is provided for such 
contravention, be punishable with imprisonment for a term which may extend to six 
months or with fine upto one thousand rupees or with both. 
(2) Whoever refuses or willfully neglects to provide any Officer or servant 
of the Authority with the means necessary for entering into any premises for the 
purpose of collecting any information or making an examinatio n or enquiry in relation 
to any development works shall be punishable with imprisonment extending to one 
year or fine upto two thousand rupees or both. 
(3) Whoever, without lawful excuse, fails or refuses to comply with any 
direction or order issued by the  Authority under this Act, shall be guilty of an offence 
punishable under sub-section (1). 
(4) Whoever attempts to commit or abets the commission of an offence 
punishable under this Act shall be deemed to have committed that offence. 
26. Procedure.– No Court shall take cognizance of any offence punishable under 
this Act except on a complaint in writing made by an officer authorised for the 
purpose, by the Authority. 
CHAPTER-X 
Miscellaneous 
27. Annual Report.– (1) 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. 
(2) The report referred to in sub -section (1) shall be laid before the 
Provincial Assembly of the Punjab withi n six months of its receipt by the 
Government. 
28. Recovery of dues.– Any sum due to the Authority from, or any sum wrongly 
paid by the Authority to, any person under this Act, shall be recoverable as arrears of 
land revenue. 
29. Removal of building etc. erected or used in contravention of this Act.– (1) If 
any building, structure, work or land is erected, constructed or used in contravention 
of the provision of this Act or of any rule, regulation or order made thereunder, the 
Authority or any person authorised by it in this behalf may, by order in writing, require 
the owner, occupier, user or person in control of such building, structure or work to 
erect, construct or to use it in such manner so as to bring such erection, construction 
or user in accordance with the provisions of this Act. 
 (2) If an order under sub -section (1) in respect of any building, structure, 
work or land is not complied with within such time, as may be specified therein, the 
Authority or any person authorised by it in this behalf, may , after giving the person 
affected by the order, an opportunity or being heard, remove, demolish or alter the 
building, structure or work or stop the use of the land and, in so doing may use such 
force as may be necessary and may also recover the cost ther eof, from the person 
responsible for the erection, construction or use of the building, structure, work or 
land in contravention of the provisions as aforesaid. 
30. Members, Officers and employees to be public servants .– The Chairman, 
Members, Director -General, Officers, Servants, Experts and Consultants of the 
Authority shall, when acting or purporting to act in pursuance of any of the provisions of 
this Act, be deemed to be public servants within the meaning of Section 21 of the 
Pakistan Penal Code. 
31. Immunity of the authority and its employees .– No suit, prosecution or any 
other legal proceedings shall lie against the Authority, the Chairman, the Director -
General, any Member, Servant, Expert or Consultant of the Authority, in respect of 
anything done or intended to be done in good faith under this Act. 
32. Power to make rules.– Subject to the provisions of this Act, the Government 
may make rules for carrying into effect the purposes of this Act. 
33. Power to make regulations .– Subject to the provisions o f this Act, and the 
rules framed thereunder, the Authority may make such regulations as may be 
necessary, to carry out the purposes of this Act. 
34. This Act to prevail over other laws .– In the event of any conflict or 
inconsistency between the provisions of this Act and the provisions of any other law, 
the provisions of this Act shall, to the extent of such conflict or inconsistency, prevail. 
35. Power of the Government .– An order of the Government in relation to any 
matter pertaining to the Authority shal l prevail upon the decisions and orders of the 
Authority and its functionaries including committees and shall be binding on them. 
36. Dissolution.– The Government may, by notification, dissolve the Authority 
and make provisions for dealing with the consequences of such dissolution.