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  "title": "LAHORE DEVELOPMENT AUTHORITY ACT, 1975",
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  "text": "THE LAHORE DEVELOPMENT AUTHORITY ACT, 1975 \r\n(XXX of 1975) \r\nCONTENTS \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Alteration of boundaries \r\n3. Definitions \r\nCHAPTER-II \r\nLAHORE DEVELOPMENT AUTHORITY \r\n4. Establishment of the Lahore Development Authority \r\n4-A. Vice Chairman \r\n5. Disqualifications of the member \r\n6. Powers and Functions of the Authority \r\n7. Meetings \r\nCHAPTER-III \r\nDIRECTOR GENERAL AND COMMITTEES \r\n8. Appointment and term of office \r\n9. Resignation by or removal of Director General \r\n10. Delegation \r\n11. Appointment of officers and employees \r\n11A. \r\n11B. Liability for loss \r\n12. Committees \r\nCHAPTER-IV \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n13. Preparation of Schemes \r\n13A. Establishment of housing schemes, projects etc \r\n14. Land use classification \r\n14A.  Control of master plan, etc. \r\n15. Power to give directions \r\n16. Power to execute any scheme \r\nCHAPTER-V \r\nGENERAL \r\n17. Directions by Government \r\n17-A. Transfer of functions, etc \r\n18. Controlled Area \r\n19. Assigning functions of a local government \r\n20. Powers to remove sources of Pollution \r\n21. Beautification. \r\n22. Borrowing money \r\n23. Power to levy betterment Fee \r\n24. Assessment of betterment Fee \r\nCHAPTER-VI \r\nACQUISITION \r\n25. Liability to acquisition \r\n25.A Application of Land Acquisition Act \r\n25.B Compensation \r\n25.C Tribunal. \r\n25.D Inquiry and decision \r\n25.E Patent errors \r\n26. Purchase, lease or exchange of property \r\nCHAPTER-VII \r\nFINANCE, ACCOUNTS AND AUDIT \r\n27. Lahore Development Authority Fund \r\n28. Rates and Fees \r\n29. Fees on Tube-wells \r\n30. Accounts \r\n31. Budget \r\n32. Audit \r\nCHAPTER-VIII \r\nPENALTY AND PROCEDURE \r\n33. Penalty. \r\n34. Penalty against sponsors \r\n34.A Extension in time \r\n34.B Cancellation of approved scheme \r\n35. Offences and cognizance \r\nCHAPTER-IX \r\nMISCELLANEOUS \r\n36. Annual Report \r\n37. Recovery of dues \r\n38. Conversion of property to a different use \r\n39. Ejectment of unauthorized occupants \r\n40. Removal of building, etc., erected or used in contravention of this Act \r\n41. Members, officers and employees to be public servants \r\n42. Immunity of the Authority and its employees \r\n43. Jurisdiction of courts barred \r\n44. Power to make rules \r\n45. Power to make regulations \r\n46. This Act to prevail over other laws \r\n47. Succession \r\nCHAPTER-X \r\nREPEAL \r\n48. Repeal and Savings \r\nFIRST SCHEDULE \r\n[See Section 10(3] \r\nSECOND SCHEDULE \r\n[See Section 35] \r\n \r\n \r\nTEXT \r\n1\r\nTHE LAHORE DEVELOPMENT AUTHORITY ACT, 1975 \r\n(XXX of 1975) \r\n[3rd April, 1975] \r\nAn \r\nAct \r\nto provide for the Constitution of the Lahore Development Authority. \r\nPreamble.– WHEREAS it is expedient in the public interest to establish a \r\ncomprehensive system of metropolitan planning and deve lopment in order to \r\nimprove the quality of life in the \r\n2\r\n[area of Lahore  Division], establish an integrated \r\nmetropolitan and regional development approach and a continuing process of \r\nplanning and development, to ensure optimum utilization of resources, econ omical \r\nand effective utilization of land and to evolve policies and programmes relating to the \r\nimprovement of the environment of housing, industrial development, traffic, \r\ntransportation, health, education, water supply, sewerage, drainage, solid waste \r\ndisposal and matters connected therewith and incidental thereto; \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\nLahore Development Authority Act, 1975. \r\n3\r\n[(2) It shall extend to Lahore Division.] \r\n(3) It shall come into force at once. \r\n2. Alteration of boundaries .– The boundaries of the  Lahore \r\n4\r\n[Division] may, \r\nfrom time to time, be altered by the Government through a notification in the official \r\nGazette. \r\n5\r\n[3. Definitions.– In this Act– \r\n(a) “Agency” means an Agency established by the Authority to perform \r\none or more of its functions under the Act; \r\n \r\n1This Act was passed by the Punjab Assembly on  5th March, 1975, assented to by the Gover nor of the  Punjab on 3rd April, \r\n1975; and, published in the Punjab Gazette (Extraordinary), dated 3rd April, 1975, pages 499-514. \r\n2Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated: 16 December 2013, pp. 1809-1819, s.2. \r\n3Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated: 16 December 2013, pp. 1809-1819, s.3. \r\n4Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013), published in the Punjab Gazette \r\n(Extraordinary), dated: 16 December 2013, pp. 1809-1819, s.4. \r\n5Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.5. \r\n(b) “Authority” means Lahore Development Authority constituted under \r\nsection 4 of the Act; \r\n(c) “area” means the area of Lahore Division; \r\n(d) “Chairman” means the Chairman of the Authority; \r\n(e) “Collector” means the Collector of a district appointed under the Punjab \r\nLand Revenue Act, 1967 (XVII of 1967)  and includes any officer \r\nspecially appointed by the Board of Revenue, Punjab to perform the \r\nfunctions of Collector under this Act; \r\n(f) “Commissioner” means the Commissioner of  Lahore Division;  \r\n(g) “compensation” means payment in the form of cash or, at the option of \r\nthe land owner in any other form such as bonds, debentures, annuities, \r\nalternate land, developed sites or a combination of two or more of such \r\nforms; \r\n(h) “concession” means the grant by the Authority of any of its rights, \r\nprivileges or functions to a person in consideration of the investment \r\nmade or arranged by such person at the instance of the Authority in a \r\npublic utility infrastructure project;  \r\n(i) “conversion” means any change in use of land or property from the one \r\noriginally provided in an approved scheme or master plan of an area; \r\n(j) “Director General” means the Director General of the Authority; \r\n(k) “fee” means an amount l evied by the Authority on the land, area, \r\nscheme or property on account of any privilege, benefit, services, \r\ntransfer of rights and interests, issuance of a licence or permission or \r\nany cost and includes charges for provision of water supply, \r\nconstruction, maintenance and network of roads, drainage, sewerage \r\nand other services;  \r\n(l) “Government” means Government of the Punjab; \r\n(m) “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 government; and \r\n(iii) a developmental or any other public authority, company or \r\ncorporation owned or controlled by the Government or a local \r\ngovernment; \r\n(n) “housing scheme” means a scheme which provides for residential \r\nsites, houses or apartments including ancillary land uses such as– \r\n(i) building and other facilities for health, education, recreation, \r\nculture, transportation, communication and shopping; \r\n(ii) environmental improvement; and \r\n(iii) utility services such as water supply, drainage, sewerage, \r\nsanitation, electricity, fuel and other related services; \r\n(o) “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\nbenefits arising out of land and things attached to earth o r permanently \r\nfastened to earth; \r\n(p) “local government” means a local government as defined in the Punjab \r\nLocal Government Act 2013 (XVIII of 2013) or in any other law; \r\n(q) “Managing Director” means the principal executive of an Agency; \r\n(r) “master plan” means the traditional method for presenting a set of land \r\nusage, allocation and control measures in the form of a map or in \r\ngraphical form and is supported by written statement of goals and \r\nobjectives, strategy, financial implications and policies for plann ing and \r\ndevelopment for an area and includes a structure plan, an outline \r\ndevelopment plan, a spatial plan, peri -urban structure plan and a \r\nmetropolitan plan; \r\n(s) “member” means a member of the Authority and includes its Chairman; \r\n(t) “person” includes an individual, company, firm, institution, Government \r\nagency, co -operative society or association of individuals whether \r\nincorporated or not; \r\n(u) “person interested” includes a person claiming an interest in the \r\ncompensation to be made on account of the acquisition of land under the \r\nAct; \r\n(v) “prescribed” means prescribed by rules or regulations; \r\n(w) “scheme” means a project approved for urban development, \r\nredevelopment or renewal and includes larger area plan, areas \r\nspecified and notified for specific use, traffic control plans, classification \r\nand reclassification plans, housing scheme or zoning scheme; \r\n(x) “service area” means an area to be notified as such by the Authority and \r\nin which an Agency provides services;  \r\n(y) “sponsor” means the sponsor or developer of a private housing scheme \r\nand, for the purpose of an offence liable to imprisonment under the Act, \r\nincludes the chief executive, director or any other individual incharge of \r\nthe scheme on behalf of sponsor entity;  \r\n(z) “toll” means a charge levied and c ollected for the use of a road, bridge, \r\nflyover, underpass or similar other facility; and \r\n(aa) ‘tribunal’ means a tribunal constituted under the Act.] \r\nCHAPTER II \r\nLAHORE DEVELOPMENT AUTHORITY \r\n4. Establishment of the Lahore Development Authority.– (1) As soon as may \r\nbe after the commencement of this Act, the Government shall establish an Authority \r\nto be called the Lahore Development Authority for carrying out the purpose of this \r\nAct. \r\n(2) The Authority shall be a body corporate, with perpetual succession and \r\na co mmon seal, with powers, subject to the provisions of this Act, to acquire and \r\nhold property, both movable and immovable, and may by the said name sue and be \r\nsued.  \r\n \r\n6\r\n[(3) The Authority shall consist of the following Chairman and members– \r\n(a) Chief Minister Punjab; Chairman \r\n(b) six elected representatives to be nominated by the Government from \r\namongst the following:– \r\n(i) minimum two members of the Provincial Assembly of Punjab , \r\nnot more than one from each district of Lahore Division; \r\n(ii) minimum two members  of the local government who may be \r\nMayor of the Metropolitan Corporation, Lahore, Chairman of a \r\nMunicipal Committee or Chairman of a District Council, not more \r\nthan one from each district of Lahore Division  \r\n(iii) two members from either of the two catego ries as provided in \r\nclauses (i) and (ii); \r\n(c) Chairman Planning and Development Board of the Government; \r\n(d) Secretary to Government, Finance Department; \r\n(e) Secretary to Government, Housing, Urban Development and Public \r\nHealth Engineering Department; \r\n(f) Secretary to Government, Local Government and Community \r\nDevelopment Department; \r\n(g) Commissioner; \r\n(h) two technical experts to be appointed by the Government; \r\n(i) Director General; and \r\n(j) all Managing Directors.] \r\n(4) The membership of the Authority may be  altered, increased or \r\ndecreased by the \r\n7\r\n[* * *] Government. \r\n(5) \r\n8\r\n[* * * * * * * * * * *   ] \r\n(6) No act or proceeding of the Authority shall be invalid merely by reason of \r\nany vacancy in, or defect in the constitution of the Authority. \r\n9\r\n[4-A. Vice Chairman .– (1) The Government may designate from among the \r\nmembers not more than two Vice Chairmen of the Authority. \r\n \r\n6Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.6.   \r\n7Omitted the words “Zila Council with the approval of” by the Lahore Development Authority (Amendment) Act 2013 (XXVI of \r\n2013); and published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1809 -1819, s.6. The said words earlier \r\ninserted by the Lahore Development Authority (Amendment) Ordinance, 2002 (XLI of 2002) ; and published in the Punjab \r\nGazette (Extraordinary), dated 8.8.2002, s.5. \r\n8Deleted by the Lahore Development Authority (Amendment) Ordinance, 2002 (XLI of 2002) ; and publishe d in the Punjab \r\nGazette (Extraordinary), dated 8.8.2002, s.5. \r\n9Added by the Lahore Development Authority (Amendment) Act, 1992 (IX of 1992) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19..9.1992, s.2, and then substituted by the Lahore Development Authority (Amendment) Act, 1998 (III of \r\n1998); and published in the Punjab Gazette (Extraordinary), dated 8.5.1998, pages 773-774, s.2. \r\n(2) A Vice Chairman shall perform such functions as may be assigned to \r\nhim by the Authority.] \r\n5. Disqualifications of the member .– No person shall be,  or shall continue to \r\nbe, a member who– \r\n(a) is or, at any time, has been convicted of an offence involving moral \r\nturpitude; or \r\n(b) is or, at any time, has been adjudicated insolvent; or \r\n(c) is found to be a lunatic or a of unsound mind; or \r\n(d) is a minor; or \r\n(e) has a financi al interest in any scheme or a conflicting interest, directly \r\nor indirectly, between his interests as a member and his private \r\ninterests, and has failed to disclose such interest in writing to the \r\nGovernment. \r\n6. Powers and Functions of the Authority .– (1) Sub ject to the provisions of \r\nthis Act, and any rules framed thereunder, the Authority may exercise such powers \r\nand take such measures as may be necessary for carrying out the purposes of this \r\nAct. \r\n10\r\n[(2) Without prejudice to the generality of the foregoing sub -section, the \r\nAuthority shall– \r\n(i) initiate and maintain a continuous process of comprehensive \r\ndevelopment planning for the area with the objective of preparing \r\n11\r\n[and \r\nimplementing master plan]; \r\n(ii) periodically update such \r\n12\r\n[master plan] and co -ordinate its \r\nimplementation by the Authority \r\n13\r\n[and] other Government Agencies \r\n14\r\n[****] within the Area; \r\n(iii) develop, operate and maintain water -supply, sewerage and drainage \r\nsystems within the service area of the Water and Sanitation Agency to \r\nbe established under Section 10(2) of this Act; \r\n(iv) prepare Annual Development Programme for the area, ensure \r\ncompliance of the Annual Development Programme with priorities \r\nestablished in the \r\n15\r\n[master plan] after its preparation, and evaluate \r\n \r\n10Substituted and added by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the \r\nPunjab Gazette (Extraordinary), dated 17.4.1976, pages 827-834, s.4 (w.e.f. 12th February, 1976). \r\n11Substituted for the words “a Metropolitan Development Plan” by the Lahore Development Authority (Amendment) Act 2013 \r\n(XXVI of 2013); and published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.7. \r\n12Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.7. \r\n13Substituted for the “comma” by the Lahore Development Authority (Amendment) Ordinance, 2002 (XLI of 2002) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 8.8.2002, s.6 , which will remain in force under the Provisional \r\nConstitution (Amendment) Orde r 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed \r\nunder Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n14The words and comma “, and municipalities” omitted ibid. \r\n15Substituted for the words “Met ropolitan Development Plan” by the Lahore Development Authority (Amendment) Act 2013 \r\n(XXVI of 2013); and published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.5. \r\nperformance under the Annual Development Programme at  the end of \r\neach year; \r\n(v) establish, maintain and periodically revise as necessary, planning \r\ncontrols and building regulations for the Area to – \r\n(a) provide appropriate urban design and protect public safety; \r\n(b) ensure compliance with the \r\n16\r\n[master plan] after its pr eparation \r\nand \r\n(vi) take all steps and measures necessary for the implementation and \r\nenforcement of the provisions of clause (i) to (v) above.] \r\n17\r\n[(3) Without in any way restricting the scope of sub -section (1) and (2), the \r\nAuthority may– \r\n(i) prepare, implement and e nforce schemes for environmental \r\nimprovements, housing, urban renewal including slum improvement \r\nand re -development, solid waste disposal, transportation and traffic, \r\nhealth and education facilities and preservation of objects or places of \r\nhistorical archaeological scientific, cultural and recreational importance; \r\n(ii) take any steps or adopt any measures for the face lifting and \r\nbeautification of the area; \r\n(iii) acquire property, both movable and immovable; \r\n(iv) sell, lease, exchange or otherwise dispose of \r\n18\r\n[or grant lic ence or \r\nconcessions in respect of] any property vested in it; \r\n(v) undertake any works and incur any expenditure; \r\n(vi) procure machinery, instruments or any other materiel required by it; \r\n(vii) enter in contracts; \r\n(viii) cause studies, surveys, experiments or technical researche s to be \r\nmade or contribute towards the cost of any such studies, surveys, \r\nexperiments or technical researches, made by any other Agency; \r\n(ix) 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 structures and \r\ninstallations; \r\n(x) cause removal of any works obstructing the execution of its schemes; \r\n19\r\n[(x-a) construct, maintain, upgrade and exclusively charge toll on roads, bridges, \r\nflyovers, underpasses or such other facilities within the area, grant \r\nconcession in respect thereof;] \r\n \r\n16Substituted ibid. \r\n17Inserted by the Lahore Development Authori ty (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.5 (w.e.f. 12th February, 1976). \r\n18Inserted by the  Lahore Development Authority (Amendment) Act, 1999 (III of 1999) ; and published i n the Punjab Gazette \r\n(Extraordinary), dated 4.2.1999, pages 267-268, s.3. \r\n19Added by the  Lahore Development Authority (Amendment) Act, 1999 (III of 1999) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 4.2.1999, pages 267-268, s.3. \r\n(xi) 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 suc h Agency or person shall give the advice \r\nand assistance sought by the Authority to the best of its ability, \r\nknowledge and judgment and the additional expenditure, if any, \r\ninvolved in giving such advice or assistance shall be borne by the \r\nAuthority; and \r\n(xii) establish as many Agencies as it may consider necessary.] \r\n7. Meetings.– (1) The Authority shall meet at such place and at such time and \r\nshall observe such rules of procedure in regard to transaction of business at its \r\nmeetings as may be prescribed. \r\n20\r\n[(2) The meetings of the Authority shall be presided over by–  \r\n(i) the Chairman; \r\n(ii) in the absence of the Chairman, the Vice Chairman; \r\n(iii) in case there are more than one Vice Chairmen, in accordance with \r\nsuch priority as may be determined by the Authority; and \r\n(iv) in the absence of the Chairman as well as the Vice Chairman, by a \r\nmember of the Authority elected for the purpose by the members present, \r\nfrom amongst themselves.] \r\nCHAPTER III \r\nDIRECTOR GENERAL AND COMMITTEES \r\n8. Appointment and term of office .– (1) The Dire ctor General shall be \r\nappointed by Government on such terms and conditions as may be determined by \r\nthe Government. \r\n(2) The Director General shall be the chief executive of the Authority and \r\nshall– \r\n(a) be a whole time officer of the Authority; \r\n(b) perform such duti es 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 for a term of three years and shall remain in office for three \r\nmonths thereafter or until a successor in that office is appointed, \r\nwhichever is earlier. \r\n(3) Nothing in this section shall preclude Government from extending the \r\nterm of office of Director General for such period as the Government may determine. \r\n9. Resignation by or removal of Director General .– Notwithstanding anything \r\ncontained in this Act, the Director General may, at any time before the expiry of his \r\nterm and upon three months’ notice, resign his office, or upon similar notice, be \r\nremoved by Government without assigning any reason: \r\n \r\n20Substituted by the Lahore Development Authority (Amendment) Act, 1998 (III of 1998) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 8.5.1998, pages 773-774, s.3. \r\n Provided that Government may upon payment of three mo nths' salary and \r\nallowances in lieu of the notice, remove him immediately without assigning any \r\nreason. \r\n21\r\n[10. Delegation.– (1) The Authority may, by general or special order delegate to \r\nthe Director -General, a Committee constituted under Section 12, an Age ncy, a \r\nmember or an officer of the Authority, any of its powers, duties or functions under \r\nthis Act or the rules made thereunder subject to such conditions as it may deem fit to \r\nimpose. \r\n(2) The Authority shall establish, by special order, an Agency, herein after \r\ncalled the Water and Sanitation Agency. \r\n(3) Save as provided in Sections 13, 14, 19, 22, 23, 24 and 28 of this Act \r\nand the matters specified in the \r\n22\r\n[First] Schedule, the Agency established under sub-\r\nsection (2) shall perform all functions and exerci se all powers of the Authority with \r\nregard to water supply, sewerage and drainage with power to collect rates, fees and \r\ncharges for water supply, sewrage and drainage. \r\n(4) The Managing Director of the Water and Sanitation Agency and other \r\nAgencies shall– \r\n(a) be appointed by Government on such terms and conditions as may be \r\ndetermined by Government; \r\n(b) hold office for a period of three years and will be responsible for its \r\nadministration in accordance with such powers as shall be prescribed; \r\nand \r\n(c) remain in office for three months thereafter or until a successor in that \r\noffice is appointed, whichever is earlier. \r\n(5) Nothing in this section shall preclude the Government from extending \r\nthe term of office of the Managing Director for such period as the Govern ment may \r\ndetermine. \r\n(6) Notwithstanding anything contained in this Act, the Managing Director \r\nmay, at any time before the expiry of his term and upon three months notice, resign \r\nhis office or upon similar notice be removed by Government without assigning a ny \r\nreason:  \r\nProvided that Government may, upon payment of three months salary and \r\nallowances, in lieu of the notice, remove him immediately without assigning any \r\nreason.] \r\n11. Appointment of officers and employees .– The Authority may appoint such \r\nofficers, advisers, experts, consultants and employees, as it considers necessary for \r\nthe efficient performance of its functions on such terms and conditions as it may \r\ndeem fit. \r\n \r\n21Substituted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.6 (w.e.f. 12th February, 1976). \r\n22Inserted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.8. \r\n23\r\n[11A. Notwithstanding anything contained in section 11 or any rules or regulations \r\nmade or orders or instructions issued thereunder or contained in the terms and \r\nconditions of service of any person employed or serving under the Authority or an \r\nAgency, the Authority may, at any time, retire or remove from such service any \r\nperson after informing him in writing of the grounds on which such action is proposed \r\nto be taken and giving him an opportunity of showing cause in writing against the \r\naction within a period of 14 days.] \r\n24\r\n[11B. Liability for loss.– Any person employed by or serving under the Authority or an \r\nAgency charged with the administration of the affairs of the Authority or an Agency or \r\nacting on behalf of the Authority or an Agency or acting under a contract with the \r\nAuthority or an Agency who is responsible for the loss, waste, misappr opriation or \r\nmisapplication of any money or property belonging to the Authority or an Agency which \r\nis a direct consequence of his negligence or misconduct in the discharge of his duties \r\nshall be liable to pay the loss suffered by the Authority or an Agency on the same being \r\ndetermined by the Authority after giving the person concerned a reasonable opportunity \r\nof being heard.] \r\n12. Committees.– The Authority may constitute such financial, technical and \r\nadvisory committees as may be deemed necessary for carryi ng out the purposes of \r\nthis Act and such committees shall exercise such powers and perform such functions \r\nas may be delegated or assigned to them by the Authority. \r\nCHAPTER IV \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n13. Preparation of Schemes .– (1) 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\n(2) All schemes prepared by the Authority shall be submitted to the \r\nGovernment for its approval, except those schemes, the provisional estimat ed cost \r\nof which does not exceed \r\n25\r\n[such limit as may be prescribed by Rules] or for which no \r\nloan or grant is required from the Government.  \r\n(3) The Authority shall publish the sanctioning of any scheme in the official \r\nGazette and shall forthwith proceed to execute the scheme.  \r\n(4) The publication of a sanction under sub -section (3) shall be conclusive \r\nevidence that the scheme has been duly framed and sanctioned.  \r\n26\r\n[(5) A person, local body or Government agency shall not, within the area, \r\nprepare a planning  or development scheme except with the concurrence of the \r\nAuthority.] \r\n \r\n23Added by the Lahore Development Authority (Amendment) Ordinance 1999 (XXXIX of 1999), which will remain in force under \r\nthe Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months \r\nprescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n24Ibid. \r\n25Substituted, for “Rs. 10 lacs”, by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976); and published in the \r\nPunjab Gazette (Extraordinary), dated 17.4.1976, pages 827-834, s.15 (w.e.f. 12th February, 1976). \r\n26Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.9. \r\n27\r\n[(6) In case of a private housing scheme, the Authority may grant approval \r\nsubject to the following conditions:– \r\n(a) mortgage of twenty percent plots of the scheme with the Authority \r\nagainst development and clearance of all kinds of default under \r\napplicable laws, rules and regulations; \r\n(b) transfer of minimum fifty percent area of public building sites in the \r\nname of the Authority up to a maximum of two percent of the scheme \r\narea; \r\n(c) transfer of land falling under roads, parks, open spaces, graveyards or \r\nother such services in the name of the Authority; \r\n(d) such other conditions as may be prescribed.  \r\n(7) The Authority shall decide the application for approval within six \r\nmonths from the date of completion of the conditions under subsection (6). \r\n(8) The approval of a farm housing schemes or a constructed houses \r\nscheme shall be subject to the conditions mentioned in subsection (6) and such \r\nother conditions or guarantees as may be prescribed. \r\n(9) The development of an approved scheme shall be completed within \r\nthe period given hereunder:–  \r\n(a) two years, in case of sub-division or an area up to 100 kanals; \r\n(b) three years, in case of an area from 101 kanals to 300 kanals; and \r\n(c) five years, in case of an area above 300  kanals. \r\n(10) In every scheme, such provision for place of worship shall be made as \r\nmay be prescribed.] \r\n28\r\n[13A. Establishment of housing schemes, projects etc .– (1) The Authority may \r\nprepare, establish and develop housing and any  other schemes, buildings, \r\ninfrastructure, services, commercial, semi -commercial projects or sites and for the \r\npurpose it may enter into an agreement with any person. \r\n(2) A housing scheme under subsection (1) shall be approved in the \r\nmanner prescribed for the preparation of a scheme under this Act.] \r\n29\r\n[14. Land use classification .– The Authority may, at any time, modify a scheme \r\nprepared under this Act by way of change of land use through classification, \r\nreclassification or redevelopment in the prescribed ma nner  and shall publish, in the \r\nofficial Gazette, such modification or change.] \r\n30\r\n[14A. Control of master plan, etc .– (1) The Authority shall make, maintain, \r\namend, manage, enforce and keep in its custody the master plan of the area. \r\n \r\n27Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.9. \r\n28Inserted by the Lahore Development Authority (Amendment) Act 2013 (XXVI  of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.10. \r\n29Substituted ibid., s.11. \r\n30Inserted ibid., s.12. \r\n (2) The Authority shal l, in the prescribed manner, exercise land use \r\ncontrol and perform housing functions in the area. \r\n (3) Notwithstanding anything contained in any other law, a person shall be \r\nbound to adhere to the master plan, rules and regulations for land use control and  \r\nhousing functions as referred to in subsections (1) and (2). \r\n (4) In case any person contravenes any of the provisions of this section, \r\nthe Authority may direct that till the time the contravention continues– \r\n(a) transfer of any immovable property shall be prohibited; \r\n(b) the Collector to impose a ban on the issuance of Fard Malkiat, registration \r\nof any document or attestation of mutation in favour of the said person; \r\nand \r\n(c) the local government, Agency or Government agency to stop or \r\ndiscontinue the provision of municipal services to such person.] \r\n15. Power to give directions .– (1) The Authority may require a Government \r\nAgency, within whose jurisdiction any particular locality or aspect of development \r\ncovered 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 area; \r\n(c) to provide any amenity in relation to the land which in the opinion of the \r\nAuthority 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\n16. Power to execute any scheme.– (1) Where the Authority is satisfied that any \r\ndirection given by it under sub -section(1) of Section 15 with regard to any scheme, \r\nhas not been carried out by the Government Agency, the Authority may, itself, \r\nundertake any works for the execution of that scheme and the cost thereof, shall be \r\nborne as may be agreed between the Authority and the Government Agency and in \r\nthe event of disagreement, as may be determined by the Government. \r\n(2) Where any work is undertaken by the Authority under sub-section (1), it \r\nshall be deemed to have, for the purposes of execution of such work, all the powers \r\nwhich may be exercised, under any law for the time being in force,  by the \r\nGovernment Agency concerned. \r\nCHAPTER V \r\nGENERAL \r\n17. Directions by Government.– The Authority shall, in discharging its functions, \r\nact and be guided, by such directions as Government may give to it from time to \r\ntime. \r\n31\r\n[17-A. Transfer of functions, et c.– Where the Authority ceases to perform a \r\nfunction and another organization controlled by the Government assumes that \r\nfunction, the Government may direct– \r\n(i) that the servants of the Authority connected with that function shall \r\nbecome servants of the said organization on such terms and conditions \r\nas the said organization may determine, subject to the condition that \r\nthe said terms and conditions are not less favourable than those \r\nadmissible to them as servants of the Authority; and \r\n(ii) that such part of the Fund of the Authority as the Government may \r\ndetermined shall stand transferred to the said organisation.] \r\n32\r\n[18. Controlled area .– (1) The Authority may, by notification in the official \r\nGazette, declare any locality within the area to be a controlled area f or purposes of \r\nthis Act and may issue in respect of such controlled area such directions as it \r\nconsiders fit and appropriate and do all such things as may be necessary for the \r\nprevention of haphazard growth, encroachments and unauthorized constructions in \r\nsuch area.  \r\n(2) The Authority may, by notification in the official Gazette, notify any \r\ncontrolled area to be no longer such area.  \r\n(3) The Authority may, by notification in the official Gazette, entrust any of \r\nits functions in any locality within the area,  to any duly appointed agent or any \r\nGovernment agency.  \r\n(4) For purposes of subsection (3), the Authority may enter into an \r\nagreement with a person or any entity on such terms and conditions as may be \r\nmutually agreed.] \r\n33\r\n[19. Assigning f unctions of a local government.– For any locality within the \r\narea, the local government may assign any of its functions to the Authority on such \r\nterms and conditions as may be mutually agreed and, while exercising such \r\nfunctions, the Authority may exercise the powers of the local government.] \r\n20. Powers to remove sources of Pollution .– The Authority shall have full \r\npowers to undertake improvements of the environment of the Area or any part \r\nthereof, and to check, replace, eliminate, remove, demolish, conserve, resettle or \r\nrelocate the sources of environmental pollution such as milch cattle horses or other \r\nanimals, tongas, vehicular exhaust, industrial waste, solid waste, congestion, blight \r\nand slums, etc.:  \r\nProvided that the Authority shall provide alternate accommodation or \r\ncompensation to be determined in accordance with the provisions in Chapter VI to \r\nany person evicted from the premises owned by him. \r\n \r\n31Added by the  Punjab Development Authorities Laws (Amendment) Act, 1999 (VII of 1999 ); and published i n the Punjab \r\nGazette (Extraordinary), dated 11.2.1999, pages 315-316, s.2. \r\n32Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.13. \r\n33Substituted ibid., s.14., which were earlier substituted by the Lahore Development Authority (Amendment) Ordinance, 2002 \r\n(XLI of 2002); and published in the Punjab Gazette (Extraordinary), dated 8.8.2002, s.7. \r\n21. Beautification.– The Authority shall also undertake beautification of the Area \r\nor part thereof, in any manner it deems fit,  or to prepare schemes and prescribe \r\nenvironmental standards to be adopted by the Government Agencies or persons or \r\nto direct any Government Agency or person to undertake any improvements or \r\nactivities for beautification of the Area or part thereof. \r\n22. 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 No. 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 Finance Department, \r\nGovernment of the Punjab, borrow money or raise funds by issuing bonds or \r\ndebentures or otherwise for carrying out the purposes of this Act, at such rate of \r\ninterest as may be approved by the Government. \r\n23. Power to levy 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 or will increase, the Authority shall \r\n34\r\n[***] \r\nbe entitled to levy upon the owner of the property or any person having interest \r\ntherein, a betterment fee in respect of the increase in value of the property resulting \r\nfrom the execution of the scheme. \r\n24. Assessment of betterment Fee .– (1) When it appears to the Authority that \r\nany particular development scheme is sufficiently advanced to en able 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 execution \r\nof the scheme shall be deemed to have been completed and shall, thereup on 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 the betterment fee in respect of \r\nthe property under Section 23.  \r\n(2) The betterment fee under section 23 or  under sub -section (1) of this \r\nSection, shall be assessed and be payable, in the manner prescribed. \r\n \r\n34Omitted the words “,with the previous consent  of the Government,” by the Lahore Development Authority (Amendment) Act \r\n2013 (XXVI of 2013); and published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.15. \r\nCHAPTER VI \r\nACQUISITION \r\n35\r\n[25. Liability to acquisition .–(1) Notwithstanding anything contained in the Land \r\nAcquisition Act, 1894 (I of 1894) , any land withi n the area shall be liable to \r\nacquisition at any time in accordance with the provisions of this Chapter.  \r\n(2) The Authority may acquire or purchase in a transparent manner any \r\nimmovable property or land for any public purpose including development of housi ng \r\nor any other scheme, urban renewal, redevelopment, environmental improvement or \r\nremoval of source of pollution or traffic congestion. \r\n25A.  Application of Land Acquisition Act .– The Authority may acquire an \r\nimmovable property under this Act and, unless otherwise provided under this Act, \r\nthe provisions of the Land Acquisition Act, 1894 (I of 1894) shall apply. \r\n25B.  Compensation.– (1) The Authority shall determine the mode of \r\ncompensation in the form of cash, bonds, debentures, annuities, alternate land, \r\ndeveloped sites or in a combination of such forms. \r\n(2) Where the Authority determines any mode of compensation other than \r\ncash, the person interested shall have the option to receive compensation either in \r\ncash or in that mode or in both such forms if so determined by the Authority. \r\n(3) Where the compensation is to be paid in cash, it shall be determined \r\nby the Collector at the time of announcement of the award. \r\n(4) If any person has, by mistake, fraud or misrepresentation, received any \r\ncompensation or any excess compensation, which was not payable to him, the \r\nCollector shall call upon such person to refund such amount and in case of default \r\nthe Collector may recover it as arrears of land revenue. \r\n(5) The Authority shall not provide alternate land or develop ed site in any \r\nscheme except the scheme for which the property was acquired.  \r\n(6) Where provision of alternate land or developed site is part of a scheme \r\nbut for any reasons, such land or developed site cannot be provided, the Authority \r\nshall pay compensat ion in cash at such rate as is mentioned in the award of the \r\nCollector.  \r\n(7) If the Authority, after due diligence, satisfies any claim of \r\ncompensation, the Authority shall not entertain any subsequent claim in respect of \r\nthe property and the person who is subsequently declared as person interested shall \r\nrecover the compensation from the person who earlier received compensation for \r\nthe said property.  \r\n(8) The Collector, tribunal or a court may direct a beneficiary of \r\ncompensation to compensate any subsequen t bona fide claimant or person \r\ninterested. \r\n \r\n35Substituted ibid., s.16. \r\n25C. Tribunal.– (1) The Government shall constitute a tribunal to decide objections \r\nregarding the person interested, measurement of the land under acquisition, award, \r\napportionment or payment of compensation. \r\n(2) Notwithstanding anything contained in the Land Acquisition Act, 1894 \r\n(I of 1894) , any person aggrieved from an award of the Collector may, within sixty \r\ndays from the date of the award, submit objections against the award before the \r\ntribunal. \r\n(3) The tribun al shall consist of a President and two assessors, each of \r\nthem shall be called a member of the tribunal. \r\n(4) The president of the tribunal shall be: \r\n(a) a Senior Civil Judge or a Civil Judge First Class with at least five years’ \r\nexperience as Civil Judge; \r\n(b) an advocate of not less than seven years’ experience as advocate of \r\nHigh Court; or \r\n(c) a retired District and Sessions Judge or a retired Additional District and \r\nSessions Judge. \r\n(5) The Government shall appoint the President and assessors for a period \r\nof two years on such terms and conditions as may be prescribed but a person who is \r\nmore than sixty-five years of age shall not be appointed as the President or assessor. \r\n(6) The Government shall prescribe qualifications of an assessor. \r\n(7) The Government may– \r\n(a) dissolve the tribunal with effect from such date as may be mentioned in \r\nthe notification to be published in the official Gazette; and \r\n(b) provide in that notification the consequences of such dissolution. \r\n(8) The Government shall fill a vacancy in  the tribunal within a period of \r\nthirty days from the date of occurrence of the vacancy. \r\n(9)  The Government may, on the recommendations of the President, \r\ncreate such posts of officers and staff as may be necessary and appointment to \r\nsuch posts shall be made in the prescribed manner. \r\n(10) The Authority shall bear all expense of the tribunal, including \r\nremuneration of the members and other servants of the tribunal and such expense \r\nshall be a valid charge on the funds of the Authority. \r\n25D.  Inquiry and decision.– (1) The tribunal may– \r\n(a)  conduct an inquiry in any case; \r\n(b)  while inquiring into a case, exercise powers of a civil court under the \r\nCode of Civil Procedure, 1908 (V of 1908)  in respect of the following \r\nmatters:– \r\n(i)  summon and enforce attendance  of a person, compel a person \r\nto give oral or written evidence on oath and to produce a \r\ndocument or any other material; \r\n(ii)  receive evidence on affidavit;  \r\n(iii)  requisition information from any office; and \r\n(iv)  issue summons for witnesses or documents. \r\n(2) The tribunal shall not be constituted in the absence of the President \r\nbut the absence of an assessor or assessors shall not adversely affect the \r\nproceedings of the tribunal. \r\n(3) A decision of the tribunal shall be expressed in terms of the opinion of  \r\nthe majority, or if the case has been decided by the President and only one of the \r\nassessors and there is a difference of opinion between them, the decision of the \r\ntribunal shall be expressed in terms of the opinion of the President.  \r\n(4) The tribunal shall finally decide a case within six months from the date \r\nof initiation of proceedings and if it fails to decide the case within six months then it \r\nshall conduct day to day proceedings in the case till the final decision of the case. \r\n(5) The tribunal shall execute its decisions as if it is a civil court under the \r\nCode of Civil Procedure, 1908 (V of 1908). \r\n25E. Patent errors .– The Collector or the tribunal may, at any time, correct any \r\npatent error of law or any patent arithmetical or clerical error or mistak e in the award, \r\ndecision or order.] \r\n36\r\n[26. Purchase, lease or exchange of property .– The Authority may, by \r\nnegotiations, in the prescribed manner, purchase, lease or exchange any land or \r\nbuilding or any other property by entering into an agreement with the owner of the \r\nproperty, or a person legally competent to sell, lease out or exchange such property.] \r\nCHAPTER VII \r\nFINANCE, ACCOUNTS AND AUDIT \r\n27. Lahore Development Authority Fund .– (1) There shall be formed a fund to \r\nbe known as the \"Lahore Development Auth ority Fund\" which shall vest in the \r\nAuthority and shall be utilized by the Authority in connection with its functions under \r\nthis Act including the payment of salaries and other remunerations to the members, \r\nofficers, servants, experts and consultants of the Authority.  \r\n(2) To the credit of the Lahore Development Authority Fund, shall be \r\ncredited– \r\n(a) grants \r\n37\r\n[and loans] made by the Government; \r\n(b) all moneys received from 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 the Act; \r\n(d) all moneys received by the Authority from the disposal of lands, \r\nbuildings and other properties movable and immovable; \r\n \r\n36Substituted by the Lahore Development Aut hority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.17. \r\n37Inserted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.15 (w.e.f. 12th February, 1976). \r\n(e) proceeds from the self -financing schemes of urban development and \r\nenvironmental sanitation; and \r\n(f) all other sums receivable by the Authority. \r\n38\r\n[(3) The aforesaid sums in respect of services related to water supply, \r\nsewerage and drainage shall be credited separately to the Head \"Water Supply and \r\nSanitation\" and all other sums to the Head \"Urban Development\". The sums credited \r\nto the Head \"Water Supply and Sanitation\" shall be exclusively utilized for the \r\npurposes of water supply, sewerage and drainage]. \r\n(4) In case of deficit revenue of the Authority, the \r\n39\r\n[***] Government sh all \r\nprovide from its own revenues or from any other sources, such sum as may be \r\nnecessary for the efficient performance of the functions of the Authority under this \r\nAct.  \r\n(5) The Authority may keep in current account of any scheduled bank such \r\nsums as may be prescribed and any amount in excess of the said amount shall be \r\ninvested in Government securities, Government sponsored saving schemes or in \r\nsuch manner as may be determined by the Authority.  \r\nExplanation.– For the purpose of this sub -section, Governmen t includes Federal \r\nGovernment. \r\n28. Rates and Fees .– \r\n40\r\n[(1) The Authority may raise adequate funds to meet the \r\ncost of planning, expansion, execution, development, redevelopment, maintenance, \r\nzoning, classification, re -classification, augmentation, supervisi on, regulation and \r\nconversion of any property or any present and future scheme or any part of the \r\nscheme, by imposing rates, fees, surcharge, other charges and fines in the \r\nprescribed manner. \r\n(1) The Authority may, in the prescribed manner, impose fee on c hange of \r\nland use owing to classification and reclassification.] \r\n(2) The rates, fees and other charges \r\n41\r\n[for water supply, sewerage and \r\ndrainage schemes] shall be such as to provide sufficient revenues– \r\n(i) to cover the operating expenses including taxes, if a ny, an interest to \r\nprovide adequate maintenance and depreciation; \r\n(ii) to meet repayments on long term indebtedness to the extent that such \r\nrepayments exceed the provision of depreciation; \r\n(iii) to finance the normal year to year extension of any of such schemes \r\nand to provide a reasonable portion of the cost of future major \r\nexpansion of such schemes. \r\n \r\n38Substituted ibid., s.9. \r\n39Omitted the words “District” by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in \r\nthe Punjab Gazette (Extraor dinary), dated 16.12.2013, pages 1809 -1819, s.18. The words earlier inserted by the Lahore \r\nDevelopment Authority (Amendment) Ordinance, 2002 (XLI of 2002) ; and published in the Punjab Gazette (Extraordinary), \r\ndated 8.8.2002. \r\n40Substituted by the Lahore Deve lopment Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.19. \r\n41Inserted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punj ab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.10 (w.e.f. 12th February, 1976). \r\n29. Fees on Tube-wells.– (1) The Authority shall have the exclusive right to use \r\nground water resources within the area.  \r\n42\r\n[(2) No person shall, without the permission o f the Authority, install a tube -\r\nwell at such places within the Area, as may be notified from time to time in the official \r\nGazette by the Authority.] \r\n43\r\n[(3) The Authority may, in the prescribed manner, levy rate on any person \r\nwho has installed or intends to install tubewell within the area. \r\n(4)  Any person violating the provisions of subsection (2) shall be liable to \r\npunishment under this Act along with closure or sealing of the said tube -well by the \r\nAuthority.] \r\n30. Accounts.– The Authority \r\n44\r\n[and its Agencies] shall maintain proper accounts \r\nand other relevant records and prepare annual statement of accounts in such form \r\nas may be prescribed. \r\n45\r\n[31. Budget.– The Director General shall prepare, in such manner and at such \r\ntime as may be prescribed, a budget in res pect of the financial year next ensuing \r\nshowing the estimated receipts and expenditure of the Authority and each of its \r\nAgencies and shall submit the same to the Authority for approval.] \r\n46\r\n[32. Audit.– The accounts of the Authority and each of its Agencies shall be \r\naudited annually by duly qualified auditors appointed by the Authority and each \r\nAgency respectively. This will be in addition to the pre -audit by the Government \r\nAuditors.] \r\nCHAPTER VIII \r\nPENALTY AND PROCEDURE \r\n47\r\n[33. Penalty.– (1) If a person contravenes any provision of this Act, or any rules or \r\nregulations made under this Act, he shall, if no other penalty is provided for such \r\ncontravention, be punishable with imprisonment for a term which may extend to one \r\nyear or with fine which may extend to two hundred thousand rupees or with both.  \r\n(2) The Magistrate competent to try an offence under subsection (1) may \r\ntry the offence in a summary manner in accordance with the provisions of section \r\n260 to 265 of the Code of Criminal Procedure, 1898 (V of 1898).] \r\n \r\n42Inserted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.11 (w.e.f. 12th February, 1976). \r\n43Inserted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.20. \r\n44Inserted by the Lahore Development Au thority (Amendment) Act, 1976 (VI of 1976)  ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.13 (w.e.f. 12th February, 1976). \r\n45Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and p ublished in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.21. \r\n46Substituted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.15 (w.e.f. 12th February, 1976). \r\n47Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.22. \r\n48\r\n[34. Penalty against sponsors.– The Authority, beside other steps, shall impose \r\nthe fine mentioned below on the sponsor, if he continues to develop the scheme \r\nwithout approval of layout plan and scheme plan or fails to develop the scheme or \r\nsub-division of the scheme after approval of plan within the stipulated period– \r\n(a) five thousand rupees per day till the default continues in respect of the \r\nschemes having area up to 300 Kanals; \r\n(b) ten thousand rupees per day till the default continues in respect of t he \r\nschemes having an area more than 300 kanals but up to 500 Kanals; \r\n(c) fifteen thousand rupees per day till the default continues for the \r\nschemes having an area more than 500 Kanals but up to 1000 kanals; \r\nand \r\n(d) twenty thousand rupees per day till the d efault continues for schemes \r\nhaving an area more than 1000 Kanals. \r\n34A.  Extension in time .– If a sponsor fails to complete the development work \r\nwithin the given time owing to reasons beyond his control, the Authority may, after \r\nrecording reasons, once ext end the period for completion of the development work \r\nup to two years on payment of penalty of ten thousand rupees per kanal per year or \r\npart of it, of the total area of the scheme. \r\n34B.  Cancellation of approved scheme .– (1) In case a sponsor is unable to  \r\ndevelop or complete an approved  scheme, he may apply to the Authority for the \r\ncancellation of the scheme subject to the condition that he has not sold any plot in \r\nthe scheme and provides such surety as the Authority deems appropriate. \r\n(2) Subject to the conditions mentioned in subsection (1), the Authority \r\nmay cancel the scheme on payment of all the outstanding dues including fine, and \r\nvalue of fifty percent of the public building sites transferred or liable to be transferred \r\nto the Authority. \r\n(3) The app roved evaluator of the Authority shall, in the prescribed \r\nmanner, assess the value of land under subsection (2).  \r\n(4) Nothing in this section shall be construed to absolve the sponsor from \r\nsatisfying any claim of a third person arising out of the cancellat ion of the approved \r\nplan or scheme. \r\n(5) A sponsor of an approved plan or scheme may hand over or transfer \r\nthe approved plan or scheme to another sponsor after obtaining a no objection \r\ncertificate from the Authority in the prescribed manner.] \r\n49\r\n[35. Offences and cognizance.– If a person commits an offence specified in– \r\n(a) Part-A of Second Schedule, such person shall be liable to \r\nimprisonment for a term which may extend to seven years or fine \r\nwhich may extend to five hundred thousand rupees or with both and \r\nwhere an accused was directed by the Authority for immediate \r\n \r\n48Substituted by the Lahore Development  Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.23. \r\n49Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.24. \r\ndiscontinuance of the offence, the Court may impose a further fine \r\nwhich may extend to fifty thousand rupees for every day for the period \r\nthe accused has persisted in the offence from the date of its \r\ncommission; and \r\n(b) Part-B of Second Schedule, he shall be liable to imprisonment for a \r\nterm which may extend to three years or fine which may extend to one \r\nhundred thousand rupees or with both and where an accused was \r\ndirected by the Authority for imm ediate discontinuance of the offence, \r\nthe Court may impose a further fine which may extend to ten thousand \r\nrupees for every day for the period the accused has persisted in the \r\noffence from the date of its commission. \r\n(2) An offence punishable under subsect ion (1) shall be cognizable on a \r\ncomplaint in writing of an officer authorized by the Authority to the officer incharge of the \r\npolice station.] \r\nCHAPTER IX \r\nMISCELLANEOUS \r\n36. Annual Report .– The Authority shall prepare for every year a report of its \r\nactivities during that year and submit the report to the \r\n50\r\n[Government] in such form \r\nand on or before such date, as may be prescribed. \r\n37. 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\n51\r\n[38. Conversion of property to a different use .– If a person converts a property \r\nto a different use or purpose than the one provided under a scheme, master plan or \r\nclassification map without the previous ap proval in writing of the Authority, he shall \r\nbe liable to punishment of fine which may extend to ten thousand rupees per day \r\nfrom the date of its conversion till the default continues or with imprisonment for a \r\nterm which may extend to one year or with both.] \r\n52\r\n[39. Ejectment of unauthorized occupants. – (1) Subject to an opportunity of \r\nhearing, the Director General or any person authorized by the Director General may  \r\nsummarily eject any person in unauthorized occupation of any land or property vested \r\nin the Authority and may for such ejectment use such force as may be necessary. \r\n(2) Subject to an opportunity of hearing, the Director General or any person \r\nauthorized by the Director General may, on his own motion or on the application of the \r\nowner, summarily eject any person in unauthorized occupation of any land or plot in a \r\nhousing scheme developed and controlled by the Authority and may, for such \r\nejectment, use such force as may be necessary. \r\n \r\n50Substituted ibid., s.25, for the words “District Government and Provincial Government”. The words earlier inserted by the \r\nLahore Development Authority (Amendment) Ordinance, 2002 (XLI of 20 02); and published in the Punjab Gazette \r\n(Extraordinary), dated 8.8.2002 \r\n51Substituted ibid., s.26. \r\n52Substituted ibid., s.27. \r\n(3) Nothing contained in subsections (1) and (2) shall prohibit th e Director \r\nGeneral or any person authorized by the Director General to proceed against such \r\nperson on commission of an offence, as provided in the Act.] \r\n40. Removal of building, etc. erected or used in contravention of this Act .– \r\n(1) If any building, struc ture, work or land is erected, constructed or used in \r\ncontravention of the provisions of this Act or of any rule, regulation or order made \r\nthereunder, the \r\n53\r\n[Director General] or any person authorized by him or the Authority \r\nin this behalf, may, by order wr iting, require the owner, occupier, user or person in \r\ncontrol of such building, structure, work or land to remove, demolish or alter the \r\nbuilding, structure or work or to use it in such manner so as to bring such erection, \r\nconstruction or user, in accordance with the said 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\n54\r\n[Director General] or any person authorized by him or the Authority in this behalf, \r\nmay, after giving the person affected by the order, an opportunity of being heard, \r\nremove, demolish or alter the building, structure or work, or stop the use of the land \r\n55\r\n[by sealing the premises or land]  and, in so doing m ay use such force as may be \r\nnecessary and may also recover the cost therefor, from the person responsible for \r\nthe erection, construction or use of the building, structure, work or land in \r\ncontravention of the provisions as aforesaid. \r\n41. Members, officers and employees to be public servants .– The Chairman, \r\n56\r\n[Vice Chairman,] Members, Director General, Officers, Servants, Experts and \r\nConsultants of the Authority \r\n57\r\n[or the Managing Director of an Agency] shall, when \r\nacting or purporting to act in pursuance of a ny of the provisions of this Act, be \r\ndeemed to be public servants within the meaning of Section 21 of the Pakistan Penal \r\nCode. \r\n42. Immunity of the Authority and its employees .– No Suit, prosecution or any \r\nother legal proceedings shall lie against the Autho rity, the Chairman, \r\n58\r\n[Vice \r\nChairman,] the Director - General, any Member, Officer, Servant, Expert or \r\nConsultant of the Authority \r\n59\r\n[or the Managing Director of an Agency] in respect of \r\nanything done or intended to be done in good faith under this Act. \r\n \r\n53Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.28. \r\n54Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.28. \r\n55Inserted by the Lahore Dev elopment Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.28. \r\n56Inserted by the  Lahore Development Authority (Amendment) Act, 1992 (IX of 1992) ; and published in the Pun jab Gazette \r\n(Extraordinary), dated 19..9.1992, s.4. \r\n57Inserted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.15 (w.e.f. 12th February, 1976). \r\n58Inserted by the  Lahore Development Authority (Amendment) Act, 1992 (IX of 1992)  ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19..9.1992, s.5. \r\n59Inserted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.16 (w.e.f. 12th February, 1976). \r\n43. Jurisdiction of courts barred .– Save as otherwise provided by this Act, no \r\ncourt or other Authority shall have jurisdiction to question the legality of anything \r\ndone or any action taken under this Act, by or at the instance of the Authority. \r\n44. Power to ma ke rules .– Subject to the provisions of this Act, Government \r\nmay make rules for carrying into effect the purposes of this Act. \r\n45. Power to make regulations .– Subject to the provisions of this Act, and the \r\nrules framed thereunder, the Authority may make re gulations as may be necessary, \r\nto carry out the purposes of this Act. \r\n60\r\n[46. Act to prevail over other laws .– In the event of any conflict or inconsistency \r\nbetween the provisions of this Act and the provisions of any other law, the provisions \r\nof this Act sh all, to the extent of such conflict or inconsistency, prevail particularly in \r\nmatters of master plan, land use and housing functions.] \r\n47. Succession.– On the establishment of the Authority under this Act– \r\n(i) all functions and powers with respect to the formu lation, sanction and \r\nexecution of schemes, and all functions with regard to water supply, \r\nsewerage and drainage within the area, heretofore performed by the \r\nLahore Improvement Trust, shall be exercised and performed by the \r\nAuthority. \r\n(ii) all properties, assets  and liabilities pertaining to the Lahore \r\nImprovement Trust, shall vest in and be the liabilities, as the case may \r\nbe, of the Authority. \r\nCHAPTER X \r\nREPEAL \r\n48. Repeal and Savings .– (1) The  Lahore Water and Sewerage Authority Act, \r\n1975, is hereby repealed. \r\n(2) On the establishment of the Authority under this Act, the Town \r\nimprovement Act, 1922 shall cease to apply the Area and all schemes, projects or \r\nworks started under the said Act but not completed, shall be taken over by the \r\nAuthority and executed under the provision of this Act.  \r\n61\r\n[(3) Notwithstanding the repeal of the Lahore Water and Sewerage \r\nAuthority Act, 1975 and fact of the Town Improvement Act, 1922, ceasing to apply to \r\nthe Area-- \r\n(i) all rules, regulations and orders made, notification issued, land \r\nacquired, schemes prepared or executed, rates and fees imposed, \r\npenalties or other charges levied, contracts entered into suits instituted \r\nby or against Lahore Water and Sewerage Authority or the Lahore \r\nImprovement Trust or any other right accrued, or liabili ty incurred or \r\naction taken, or proceedings initiated, shall so far as they are \r\n \r\n60Substituted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 16.12.2013, pages 1809-1819, s.29. \r\n61Substituted by the Lahore Development Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.17 (w.e.f. 12th February, 1976). \r\nconsistent with the provisions of this Act continue in force and be \r\ndeemed to have been made, imposed, levied, entered into, instituted, \r\nprepared, executed, accrued or incurred , taken and initiated under this \r\nAct; \r\n(ii) the provisions of Sections 45, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 \r\nof the Town Improvement Act, 1922, shall continue to apply in so far as \r\nthe acquisitions made under the Land Acquisition Act, 1894, are \r\nconcerned and shall be deemed to have always applied.] \r\n62\r\n[\r\n63\r\n[FIRST] SCHEDULE \r\n(See Section 10(3) \r\n(1) Major questions of policy. \r\n(2) Determining tariff of rates, fees and charges. \r\n(3) Appointment of Managing Directors and officers immediately \r\nsubordinate to them. \r\n(4) Fixing salary structures and staffing levels. \r\n(5) Incurring long term loans. \r\n(6) Making of regulations.] \r\n \r\n64\r\n[SECOND SCHEDULE \r\n[see section 35] \r\nLIST OF OFFENCES \r\nPart-A \r\n1. Discharging any dangerous chemical, inflammable, hazardous or \r\noffensive article in any d rain, or sewer, public water course or public \r\nland vested in, managed, maintained or controlled by Authority or an \r\nAgency in such manner as causes or is likely to cause danger to \r\npersons passing by or living or working in neighborhood, or risk or \r\ninjury to property or causing harm to the environment. \r\n2. Failure of industrial or commercial concerns or such property holders to \r\nprovide adequate and safe disposal of affluent or prevention of their \r\nmixing up with the water supply or sewerage system. \r\nPart-B \r\n3. Willfully obstructing any officer or servant of Authority or any person \r\nauthorized to exercise powers conferred under this Act. \r\n4. Failure to deliver back possession of property to the Authority on \r\nexpiration or cancellation of lease or allotment or exemption of plot. \r\n5. Doing an act without license, approval or permission when the doing of \r\nsuch act requires a license or permission under any of the provisions of \r\nthe Act, the rules or regulations. \r\n6. Violation of the master plan, building plan or sanctioned si te \r\ndevelopment scheme including the plans and schemes sanctioned \r\nunder the repealed enactments, allotting, selling or using the land for \r\nthe purpose other than the approved layout plan. \r\n \r\n62Added by the Lahore Dev elopment Authority (Amendment) Act, 1976 (VI of 1976) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 17.4.1976, pages 827-834, s.18 (w.e.f. 12th February, 1976). \r\n63Inserted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.30. \r\n64Inserted by the Lahore Development Authority (Amendment) Act 2013 (XXVI of 2013); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.2013, pages 1809-1819, s.31. \r\n7. Erection or re-erection of building over set back area or parking a rea or \r\nbuilding line area required to be left open under the rules or bylaws for \r\nusing such space for any purpose which is not approved. \r\n8. Changing or converting into any other use any portion of a commercial \r\nor residential building or area specified or e armarked for public parking \r\nor amenities. \r\n9. Establishing any parking stand on any property or on any open space \r\nand public park or land vested in or managed, maintained or controlled \r\nby the Authority or an Agency. \r\n10. Establishing temporary shops or runni ng any restaurant or vending \r\nstalls for eatables, wooden Khokas or any sort of commercial activity \r\non any road, street, footpath, public place, over a drain, or any other \r\nproperty vesting in the Authority. \r\n11. Obstructing or tampering with any road, street , drain or sewer pipe or \r\npavement or tampering with any main pipe, meter or any apparatus or \r\nappliance for the supply of water or sewerage system or laying out a \r\ndrain or altering any drain in a street or road. \r\n12. Connecting any house drain with a drain i n a public street without \r\napproval of the Authority;  \r\n13. Drawing off, diverting or taking any water except with the permission \r\nrequired under this Act, rules or regulations. \r\n14. Willfully causing  damage, or allowing damage to be caused to any \r\nproperty wh ich vests in the Authority, or which is intended to be \r\nacquired by the Authority, or unlawfully converting it to his own or any \r\nother person’s use. \r\n15. Refusal or willfully neglecting to provide any officer or servant of the \r\nAuthority with the means necess ary for entering into any premises for \r\nthe purpose of collecting any information or making an examination or \r\nenquiry in relation to any water works. \r\n16. Failure or neglect of the sponsor to abide by or fulfill the commitment \r\nmade to a person regarding allo tment of a plot, housing unit or price of \r\nthe same in any scheme. \r\n17. without lawful excuse, failing or refusing to comply with any direction or \r\norder issued by the Authority under this Act. \r\n18. Unauthorized occupation without permission of the owner of la nd or \r\nplot in a housing scheme developed and controlled by the Authority. \r\n19. Attempting to commit or abetting the commission of an offence punishable \r\nunder this Act.]",
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