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  "title": "MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, 1986",
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  "text": "THE MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, \r\n1986 \r\n(I of 1987) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nESTABLISHMENT AND CONSTITUTION \r\nOF THE AUTHORITY \r\n3. Establishment and constitution \r\n4. Members of the Authority \r\nCHAPTER III \r\nPOWERS AND FUNCTIONS \r\n5. Powers and functions \r\n6. Delegation \r\n7. Appointment of officers etc. and association of other persons \r\n8. Committees \r\nCHAPTER IV \r\nDIRECTOR-GENERAL \r\n9. Appointment and terms of office \r\nCHAPTER V \r\nEXECUTIVE POWERS AND CONDUCT OF BUSINESS \r\n10 Executive authority \r\n11. Disposal of business \r\n12. Meetings \r\nCHAPTER VI \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n13. Preparation of schemes \r\n14. Modification of schemes \r\n15. Power to give directions \r\nCHAPTER VII \r\nGENERAL \r\n16. Directions by the Government \r\n17. Borrowing money \r\n18. Power to levy betterment fee \r\n19. Assessment of betterment fee \r\nCHAPTER VIII \r\nFINANCES, ACCOUNTS AND AUDIT \r\n20. Authority Fund \r\n21. Rates and Fees \r\n22. Accounts \r\n23. Budget \r\n24. Audit \r\nCHAPTER IX \r\nPENALTY AND PROCEDURE \r\n25. Penalty \r\n26. Procedure \r\nCHAPTER X \r\nMISCELLANEOUS \r\n27. Annual Report \r\n28. Recovery of dues \r\n29. Removal of building etc. erected or used in contravention of this Act \r\n30. Members, Officers and employees to be public servants \r\n31. Immunity of the authority and its employees \r\n32. Power to make rules \r\n33. Power to make regulations \r\n34. This Act to prevail over other laws \r\n35. Power of the Government \r\n36. Dissolution \r\n \r\nTEXT \r\n1\r\nTHE MURREE-KAHUTA DEVELOPMENT AUTHORITY ACT, 1986 \r\n(I of 1987) \r\n[12th January, 1987] \r\nAn \r\nAct \r\nto provide for the establishment of the Murree-Kahuta Development Authority \r\nPreamble.– WHEREAS it is expedient to establish an Authority for the development \r\nof Murree and Kahuta Tehsils of Rawalpindi; \r\nIt 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\nMurree-Kahuta Development Authority Act, 1986. \r\n(2) It shall extend to such areas of Murree and Kahuta Tehsils of \r\nRawalpindi District as may, from time to time, be notified by the Government. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) ‘Authority’ means the Murree-Kahuta Development Authority; \r\n(b) ‘Area’ means the area of the jurisdiction of the Authority as notified; \r\n(c) ‘Chairman’ means Chairman of the Authority; \r\n(d) ‘Director-General’ means Director-General of the Authority; \r\n(e) ‘Government’ means Government of the Punjab; \r\n(f) ‘Government Agency’ includes– \r\n(i) a division, department, bureau section, commission, board, \r\noffice, or unit of the Government; \r\n(ii) a Local Council; and \r\n(iii) a development or any other public authority, company or \r\ncorporation owned or controlled by Government o r a Local \r\nCouncil; \r\n(g) ‘Land’ includes earth, water and air above below or on the surface and \r\nany improvements in the structure customarily regarded as land and \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 21st December, 1986; assented to by the Governor of the Punjab on 5th \r\nJanuary, 1987; and, was published in the Punjab  \r\nbenefit arising out of land and things attached to earth or permanently \r\nfastened to earth; \r\n(h) ‘member’ means a member of the Authority and includes its Chairman; \r\n(i) ‘person’ includes an individual, company, firm, co -operative society or \r\nAssociation of individuals whether incorporated or not; and \r\n(j) ‘prescribed’ means prescribed by rules or regula tions made under this \r\nAct. \r\nCHAPTER-II \r\nEstablishment and Constitution of the Authority \r\n3. Establishment and constitution .– (1) As soon as may be after the \r\ncommencement of this Act, the Government may, by notification, establish an Authority \r\nknown as “The Murree-Kahuta Development Authority”. \r\n(2) The Authority shall be a body corporate having perpetual succession \r\nand a common seal with powers, subject to the provisions of this Act, to acquire, \r\nhold and transfer property, both movable and immovable and may by its name sue \r\nor be sued. \r\n4. Members of the Authority .– (1) The Authority shall consist of the following \r\nmembers:– \r\n(a) Chief Minister; \r\n(b) Minister Incharge; \r\n(c) All members of the Provincial and National Assembly whose \r\nconstituency falls partly or wholly within the region; \r\n(d) Chairman, Planning and Development Board; \r\n(e) Secretary, Finance Department; \r\n(f) Secretary, Forest, Wildlife and Tourism; \r\n(g) Secretary, Housing and Physical Planning Department; \r\n(h) Secretary, Communications & Works Department; \r\n(i) Commissioner, Rawalpindi Division, Rawalpindi; \r\n(j) Director-General; and \r\n(k) Such other persons as may be nominated by the Government. \r\n(2) The Chief Minister shall be the Chairman of the Authority. \r\n(3) The Government may, by notification, alter the membersh ip of the \r\nAuthority or increase or decrease the number of its members. \r\n(4) A member may resign his office by submitting his resignation in writing \r\nto the Government. \r\n(5) A member other than an official member shall stand removed from the \r\nmembership of the Authority on his removal from the seat of the Provincial Assembly \r\nor the National Assembly, as the case may be. \r\nCHAPTER-III \r\nPowers and Functions \r\n5. Powers and functions .– (1) Subject to the provisions of this Act and the \r\nrules framed thereunder, the Author ity may exercise such powers and take such \r\nmeasures as may be necessary for carrying out the purposes of this Act. \r\n(2) Without prejudice to the generality of the foregoing sub -section, the \r\nAuthority may– \r\n(a) prepare, implement and enforce schemes for devel opment of \r\neducation, health, agriculture and industry, forest conservation and \r\ndevelopment, preservation of wildlife, promotion of tourism, \r\nimprovement of water supply, land slide management, development of \r\nirrigation facilities, development of means of co mmunication, \r\nconstruction and development of housing, sewerage, drainage, \r\nenvironmental improvement and slum clearance; \r\n(b) acquire property, both movable and immovable; \r\n(c) sell, lease, exchange or otherwise dispose of any property vested in it; \r\n(d) undertake any works and incur any expenditure; \r\n(e) procure machinery, instruments or any other material required by it; \r\n(f) enter into contracts; \r\n(g) cause studies, surveys, experiments, technical resea rches or \r\ncontribute towards the cost of any such studies, s urveys, experiments \r\nor technical researches, made by any other Agency; \r\n(h) issue interim development orders for areas for which a scheme is \r\nunder preparation and restrict or regulate by general or special order, \r\nany change in the use of land and alteration  in building structure and \r\ninstallations; \r\n(i) cause removal of any works obstructing the execution of its schemes; \r\n(j) seek and obtain advice and assistance for the preparation of any \r\nscheme, or for the execution of any scheme from any Government \r\nAgency or  person, and such Agency or person shall give the advice \r\nand assistance sought by the Authority to the best of its ability, \r\nknowledge and judgement and the additional expenditure if any, \r\ninvolved in giving such advice or assistance shall be borne by the \r\nAuthority; and \r\n(k) undertake any other function which the Government may assign to it. \r\n(3) The Authority with the approval of the Government may, and if directed \r\nby the Government, shall undertake the maintenance and regulation of schemes and \r\nother activities of a Government Agency as may be necessary and when a scheme \r\nor any activity is undertaken by the Authority, the assets and liabilities connected \r\ntherewith shall also stand transferred to the Authority. \r\n(4) The Authority with the approval of the Governme nt may, and if directed \r\nby the Government, shall transfer any of its functions and powers to a Government \r\nAgency on such terms and conditions as it may deem fit. \r\n6. Delegation.– (1) The Government may delegate to the Authority all or any of \r\nits functions and powers including powers to levy or recover a tax. \r\n(2) The Authority may, by general or special order, delegate to the \r\nDirector-General or a Committee constituted under section 8 or a member or any \r\nofficer of the Authority any of its powers, duties and f unctions under this Act, subject \r\nto such conditions as it may impose. \r\n7. Appointment of officers etc. and association of other persons .– (1) The \r\nAuthority may subject to such general or special order as the Government may give, \r\nappoint such officers, advis ers, experts, consultants and employees, as it considers \r\nnecessary for the efficient performance of its functions on such terms and conditions \r\nas it may deem fit. \r\n(2) The Authority may associate with it, in such manner, on such terms \r\nand for such purpose a s it may deem fit, any person whose assistance or advice it \r\nmay require in carrying out its functions. \r\n8. Committees.– The Authority may constitute such financial, technical and \r\nadvisory committees as may be deemed necessary for carrying out the purposes o f \r\nthis Act and such committees shall exercise such powers and perform such functions \r\nas may be delegated or assigned to them. \r\nCHAPTER-IV \r\nDIRECTOR-GENERAL \r\n9. Appointment and terms of office .– (1) The Director -General may be \r\nappointed by Government on such terms and conditions as it may determine. \r\n(2) The Director-General shall– \r\n(a) be a whole-time officer of the Authority; \r\n(b) perform such duties as may be assigned to him and exercise such \r\npowers as may be delegated to him by the Authority; and \r\n(c) hold office during the pleasure of the Governor. \r\nCHAPTER-V \r\nExecutive Powers and Conduct of Business \r\n10. Executive authority .– (1) Save as otherwise provided, the executive \r\nauthority of the Authority shall vest in, and be exercised by, its Director-General. \r\n(2) All acts of the Authority whether executive or not, shall be expressed \r\nand taken in the name of the Authority and shall be authenticated by the Director -\r\nGeneral by affixation of his official seal. \r\n11. Disposal of business .– (1) The business of the Authority sh all be disposed \r\nof at its meetings, or at the meetings of its committees, or by its Director -General or \r\nservants or other functionaries. \r\n(2) No act or proceedings of the Authority shall be invalid merely by reason \r\nof any vacancy in, or defect in, the constitution of the Authority. \r\n12. Meetings.– (1) The members of the Authority shall meet at such place and at \r\nsuch time as the Authority may decide. \r\n(2) The Authority may frame regulations for the conduct of its meetings. \r\n(3) The Chairman and in his absence an y other mem ber of the Authority \r\nelected by the members for that purpose shall preside over a meeting. \r\n(4) The Authority shall hold at least one meeting in each quarter of the \r\nyear. \r\nCHAPTER-VI \r\nPreparation and Execution of Schemes \r\n13. Preparation of schemes .– The Authority shall, in such form and in such \r\nmanner as may be prescribed, prepare schemes for the area or any part thereof. \r\n14. Modification of schemes .– A scheme prepared under this Act may, at any \r\ntime be amended, modified or abandoned by the Authorit y in such form and in such \r\nmanner as may be decided by the Authority. \r\n15. Power to give directions .– (1) The Authority may, with the prior approval of \r\nthe Government, require a Government Agency, within whose jurisdiction any \r\nparticular locality or aspect of development covered by a scheme lies– \r\n(a) to execute a scheme in consultation with the Authority; \r\n(b) to take over and maintain any of the works and services in that areas; \r\n(c) to provide any amenity in relation to the land which, in the opinion of \r\nthe Authority, ought to be provided; and \r\n(d) to enforce regulations on behalf of the Authority. \r\n(2) The expenditure incurred on the execution of any scheme or on the \r\ntaking over or maintenance of any work, or the enforcement of regulations, under \r\nthis section,  shall be borne, as may be agreed to between the Authority and the \r\nGovernment Agency and in the event of disagreement, as may be determined by the \r\nGovernment. \r\nCHAPTER-VII \r\nGENERAL \r\n16. Directions by the Government .– The Authority shall, in discharging its \r\nfunctions, act and be guided by such directions as the Government may give to it \r\nfrom time to time. \r\n17. Borrowing money .– (1) The Authority shall be deemed to be a “ Local \r\nAuthority” for the purpose of borrowing money and any scheme or project prepared \r\nor undertaken by the Authority shall be deemed to be ‘work’ as defined in section 2 \r\nof the Local Authorities Loans Act, 1914 (Act IX of 1914): \r\nProvided that no local or foreign loan shall be obtained by the Authority \r\nwithout the previous sanction of the Government. \r\n(2) The Authority may, in consultation with the Government, borrow money \r\nor raise funds by issuing bonds or debentures or otherwise for carrying out the \r\npurposes of this Act according to profit/loss as may be approved by the Government. \r\n18. Power to le vy betterment fee .– Where as a consequence of any scheme \r\nhaving been executed by the Authority, the value of any property in that locality, in \r\nthe opinion of the Authority, has increased, the Authority, may with the previous \r\nconsent of the Government, levy  upon the owner of the property or any person \r\nhaving an interest therein, a betterment fee in respect of the increase in value of the \r\nproperty resulting from the execution of the scheme. \r\n19. Assessment of betterment fee .– (1) Where it appears to the Author ity that \r\nany particular development scheme is sufficiently advanced to enable the amount of \r\nthe betterment fee to be determined the Authority may, by an order made in this \r\nbehalf, declare that for the purpose of determining the betterment fee, the executio n \r\nof the scheme shall be deemed to have been completed and shall thereafter give \r\nnotice in writing to the owner of the property or any person having an interest therein \r\nthat the Authority proposes to assess the amount of betterment fee in respect of the \r\nproperty mentioned in Section 18. \r\n(2) The betterment fee under Section 18 or under sub -section (1) of this \r\nsection, shall be assessed and be payable, in the manner prescribed. \r\nCHAPTER-VIII \r\nFinances, Accounts and Audit \r\n20. Authority Fund .– (1) There shall be formed a fund to be known as the \r\n“Authority Fund” which shall vest in the Authority and shall be utilized by the Authority \r\nin connection with its functions under this Act including the payment of salaries and \r\nother remuneration to the members, officers, servants, experts and consultants of the \r\nAuthority. \r\n(2) To the credit of the Authority Fund, shall be credited– \r\n(a) grants made by the Government; \r\n(b) all moneys received from the Federal Government or any international \r\nagency by way of grants, loans, advances or otherwise; \r\n(c) all fees, rates and charges received by the Authority under this Act; \r\n(d) all moneys received by the Authority from the disposal of lands, \r\nbuildings and other properties movable or immovable; \r\n(e) proceeds from the self-financing schemes; \r\n(f) loans obtained from the Government or State Bank of Pakistan or any \r\nScheduled Bank with special or general sanction of the Government; \r\n(g) all profits or interests accruing from investment; and \r\n(h) such proceeds from the sources of income or disposa l of assets of the \r\nGovernment, as Government may direct to be placed at the disposal of \r\nthe Authority. \r\n(3) The Authority may keep in current account of any scheduled bank such \r\nsum as may be prescribed and any amount in excess of the said amount shall be \r\ninvested in any Government securities, Government sponsored saving schemes or \r\nin such other manner as may be determined by the Authority. \r\nExplanation.– For the purpose of this sub -section, Government includes Federal \r\nGovernment. \r\n21. Rates and Fees .– With the  previous consent of the Government, adequate \r\nfunds may be raised by the Authority from time to time, to meet the cost of its \r\nschemes by imposing rates, fees and other charges at such rates and in such \r\nmanner as may be prescribed. \r\n22. Accounts.– The Authority shall maintain proper accounts and other relevant \r\nrecords and prepare annual statement of accounts in such form as may be \r\nprescribed. \r\n23. Budget.– The Authority shall prepare, every year, in such form and at such \r\ntime as may be prescribed, a budget in respect of the financial year next ensuing \r\nshowing the estimated receipts and expenditure of the Authority and shall submit the \r\nsame to the Government for approval and if the Government does not approve the \r\nbudget, with or without modifications, within thi rty days of its receipt, the budget as \r\nprepared by the Authority shall be deemed to be the approved budget. \r\n24. Audit.– The account of the Authority shall be audited in such manner as may \r\nbe directed by the Government. \r\nCHAPTER-IX \r\nPenalty and Procedure \r\n25. Penalty.– (1) Whoever contravenes any provision of this Act, or any rules or \r\nregulations made thereunder shall, if no other penalty is provided for such \r\ncontravention, be punishable with imprisonment for a term which may extend to six \r\nmonths or with fine upto one thousand rupees or with both. \r\n(2) Whoever refuses or willfully neglects to provide any Officer or servant \r\nof the Authority with the means necessary for entering into any premises for the \r\npurpose of collecting any information or making an examinatio n or enquiry in relation \r\nto any development works shall be punishable with imprisonment extending to one \r\nyear or fine upto two thousand rupees or both. \r\n(3) Whoever, without lawful excuse, fails or refuses to comply with any \r\ndirection or order issued by the  Authority under this Act, shall be guilty of an offence \r\npunishable under sub-section (1). \r\n(4) Whoever attempts to commit or abets the commission of an offence \r\npunishable under this Act shall be deemed to have committed that offence. \r\n26. Procedure.– No Court shall take cognizance of any offence punishable under \r\nthis Act except on a complaint in writing made by an officer authorised for the \r\npurpose, by the Authority. \r\nCHAPTER-X \r\nMiscellaneous \r\n27. Annual Report.– (1) The Authority shall prepare for every year a  report of its \r\nactivities during that year and submit the report to the Government in such form and on or \r\nbefore such date, as may be prescribed. \r\n(2) The report referred to in sub -section (1) shall be laid before the \r\nProvincial Assembly of the Punjab withi n six months of its receipt by the \r\nGovernment. \r\n28. Recovery of dues.– Any sum due to the Authority from, or any sum wrongly \r\npaid by the Authority to, any person under this Act, shall be recoverable as arrears of \r\nland revenue. \r\n29. Removal of building etc. erected or used in contravention of this Act.– (1) If \r\nany building, structure, work or land is erected, constructed or used in contravention \r\nof the provision of this Act or of any rule, regulation or order made thereunder, the \r\nAuthority or any person authorised by it in this behalf may, by order in writing, require \r\nthe owner, occupier, user or person in control of such building, structure or work to \r\nerect, construct or to use it in such manner so as to bring such erection, construction \r\nor user in accordance with the provisions of this Act. \r\n (2) If an order under sub -section (1) in respect of any building, structure, \r\nwork or land is not complied with within such time, as may be specified therein, the \r\nAuthority or any person authorised by it in this behalf, may , after giving the person \r\naffected by the order, an opportunity or being heard, remove, demolish or alter the \r\nbuilding, structure or work or stop the use of the land and, in so doing may use such \r\nforce as may be necessary and may also recover the cost ther eof, from the person \r\nresponsible for the erection, construction or use of the building, structure, work or \r\nland in contravention of the provisions as aforesaid. \r\n30. Members, Officers and employees to be public servants .– The Chairman, \r\nMembers, Director -General, Officers, Servants, Experts and Consultants of the \r\nAuthority shall, when acting or purporting to act in pursuance of any of the provisions of \r\nthis Act, be deemed to be public servants within the meaning of Section 21 of the \r\nPakistan Penal Code. \r\n31. Immunity of the authority and its employees .– No suit, prosecution or any \r\nother legal proceedings shall lie against the Authority, the Chairman, the Director -\r\nGeneral, any Member, Servant, Expert or Consultant of the Authority, in respect of \r\nanything done or intended to be done in good faith under this Act. \r\n32. Power to make rules.– Subject to the provisions of this Act, the Government \r\nmay make rules for carrying into effect the purposes of this Act. \r\n33. Power to make regulations .– Subject to the provisions o f this Act, and the \r\nrules framed thereunder, the Authority may make such regulations as may be \r\nnecessary, to carry out the purposes of this Act. \r\n34. This Act to prevail over other laws .– In the event of any conflict or \r\ninconsistency between the provisions of this Act and the provisions of any other law, \r\nthe provisions of this Act shall, to the extent of such conflict or inconsistency, prevail. \r\n35. Power of the Government .– An order of the Government in relation to any \r\nmatter pertaining to the Authority shal l prevail upon the decisions and orders of the \r\nAuthority and its functionaries including committees and shall be binding on them. \r\n36. Dissolution.– The Government may, by notification, dissolve the Authority \r\nand make provisions for dealing with the consequences of such dissolution.",
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