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  "title": "PUNJAB HOUSING AND TOWN-PLANNING AGENCY ORDINANCE, 2002",
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  "text": "THE PUNJAB HOUSING AND TOWN-PLANNING AGENCY \r\nORDINANCE, 2002 \r\n(LXXVIII of 2002) \r\nCONTENTS \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER-II \r\nPUNJAB HOUSING AND TOWN PLANNING AGENCY \r\n3. Establishment of the Punjab Housing and Town Planning Agency \r\n4. Powers and functions of the Agency \r\n5. Meetings \r\nCHAPTER-III \r\nDIRECTOR GENERAL AND COMMITTEES \r\n6. Appointment and term of office \r\n7. Delegation \r\n8. Appointment of officers and employees \r\n9. Committees \r\nCHAPTER-IV \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n10. Preparation of schemes \r\n11. Modification of schemes \r\n12. Power to give directions \r\n13. Power to execute any scheme \r\nCHAPTER-V \r\nGENERAL \r\n14. Directions by Government \r\n15. Controlled Area \r\n16. Borrowing money \r\nCHAPTER-VI \r\nACQUISITION \r\n17. Liability to acquisition \r\nCHAPTER-VII \r\nFINANCE, ACCOUNTS AND AUDIT \r\n18. Housing and Town Planning Fund \r\n19. Rates and fees \r\n20. Accounts \r\n21. Budget \r\n22. Audit \r\nCHAPTER VIII \r\nPENALTY AND PROCEDURE \r\n23. Offences \r\n24. Notice and Authorization \r\n25. Cognizance of offences \r\n26. Punishments and penalties \r\n27. Compounding of offences \r\n28. Rights of citizens not affect \r\nCHAPTER IX \r\nMISCELLANEOUS \r\n29. Annual Report \r\n30. Recovery of dues \r\n31. Conversion of property to a different use \r\n32. Summary ejectment of unauthorized occupant \r\n33. Removal of building, etc. erected or used in contravention of this \r\nOrdinance \r\n34. Members, officers and employees to be public servants \r\n35. Indemnity \r\n36. Jurisdiction of courts barred \r\n37. Power to make rules \r\n38. Power to make regulations \r\n39. Overriding effect \r\n40. Succession \r\n41. Government servants in the Agency \r\nTEXT \r\n1\r\nTHE PUNJAB HOUSING AND TOWN-PLANNING AGENCY ORDINANCE, \r\n2002 \r\n(LXXVIII of 2002) \r\n[4th November, 2002] \r\nAn \r\nOrdinance \r\nto provide for establishment of the Punjab Housing and Town-Planning Agency. \r\nPreamble.– Whereas it is expedient to establish the Punjab Housing and Town -\r\nPlanning Agency in order to provide shelter to the shelterless and to establish a \r\ncomprehensive system of Town Planning at provincial, regional, district, tehsil and \r\nunion council level in order to ensure systematic, integrated growth of urban and \r\nrural areas in the Province of the Punjab and to make provisions for matters \r\nconnected therewith and ancillary thereto; \r\nAnd whereas  the Provincial Assembly of the Punjab is dissol ved and the \r\nGovernor is satisfied that circumstances exist which render it necessary to take \r\nimmediate action; \r\nAnd whereas  under Article 4 of the Provisional Constitution (Amendment) \r\nOrder No.9 of 1999, as amended by the Chief Executive Order No.11 of 2000 , the \r\nGovernor of a Province may issue and promulgate an Ordinance; \r\nNow, therefore , in exercise of the aforesaid powers and all other powers \r\nenabling him in that behalf, the Governor of the Punjab is pleased to make and \r\npromulgate the following Ordinance:– \r\nCHAPTER-I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Punjab Housing and Town-Planning Agency Ordinance, 2002. \r\n(2) It shall extend to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless the subject or context otherwise \r\nrequires– \r\n(a) “Agency” means the Punjab Housing and Town Planning Agency \r\nestablished under section 3 of this Ordinance; \r\n(b) “area” means the area to which this Ordinance applies; \r\n(c) “Chairman” means the Chairman of the Agency; \r\n                                                           \r\n1Promulgated by the Governor of the Punjab on 4 November 2002; and published in the Punjab Gazette (Extraordinary), dated \r\n4 November 2002, pages 3131 -3140. Under Article 4 of the Provisional Constitution (Amendment) Order 1999 (9 of 1999), it \r\nwill remain in force notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of th e \r\nIslamic Republic of Pakistan. \r\n(d) “Government” means the Government of the Punjab; \r\n(e) “Government Agency” includes– \r\n(i) a division, department, bureau, section, commission, board, \r\noffice, or unit of the Government; \r\n(ii) 2[local government ] and a De velopment Agency or any other \r\nbody, company or corporation (whether autonomous or semi -\r\nautonomous) owned or controlled by Government; \r\n(f) “Housing and Physical Planning” means the Housing and Physical \r\nPlanning Department, Government of the Punjab; \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\nbenefits arising out of land and things attached to earth or permanently \r\nfastened to earth; \r\n(h) “member” means a member of the Agency and includes its Chairman; \r\n(i) “person” includes an individual, company, firm, cooperative society or \r\nassociation of individuals whether incorporated or not; and \r\n(j) “prescribed” means prescribed by rules or regulations framed under \r\nthis Ordinance. \r\nCHAPTER-II \r\nPUNJAB HOUSING AND TOWN PLANNING AGENCY \r\n3. Establishment of the Punjab Housing and Town Planning Agency .– (1) \r\nAs soon as may be, after the commencement of this Ordinance, the Government \r\nshall establish an Agency to be called the Punjab Ho using and Town Planning \r\nAgency for carrying out the purposes of this Ordinance. \r\n(2) The Agency shall be a body corporate having perpetual succession \r\nand a common seal with power, subject to the provisions of this Ordinance, to \r\nacquire and hold property, bo th moveable and immovable, and may sue and be \r\nsued, by the said name. \r\n(3) The Agency shall consist of– \r\n(a) Minister for Housing, Urban Development & \r\nPublic Health Engineering Department; \r\nMember/Chairman \r\n(b) Secretary for Housing, Urban Development & \r\nPublic Health Engineering Department; \r\nMember \r\n(c) a representative of Planning & Development \r\nDepartment not below the rank of Additional \r\nSecretary/Chief of Section; \r\nMember \r\n(d) a representative of Finance Department not \r\nbelow the rank of Additional Secretary; \r\nMember \r\n                                                           \r\n2Substituted for the expression “ District Government, Tehsil Municipal Administration ” by the Punjab Laws (Amendment) \r\nOrdinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259 -8267, s. 2 read \r\nwith the Schedule, item 27. \r\n(e) a representative of 3[Local Government and \r\nCommunity Development Department] not \r\nbelow the rank of Additional Secretary; \r\nMember \r\n(f) Secretary (Colonies), Board of Revenue; Member \r\n(g) two representatives of the Builders / \r\nConstruction Industry and architects \r\n4\r\n[preferably one woman];  \r\nMembers \r\n(h) Director General of the Agency; and Member/Secretary \r\n(i) such other persons \r\n5\r\n[including at least two \r\nwomen] as may be appointed by the \r\nGovernment. \r\nMembers \r\n(4) The membership of the Agency may be alter ed, increased or \r\ndecreased by the Government. \r\n(5) The members, except the ex officio  members, shall hold office for a \r\nterm of three years. \r\n(6) No act or proceeding of the Agency shall be invalid merely by reason of \r\nany vacancy in, or defect in the constitution of the Agency. \r\n4. Powers and functions of the Agency .– (1) Subject to the provisions of this \r\nOrdinance and any rules framed thereunder, the Agency may exercise such powers \r\nand take such measures as may be necessary for carrying out the purposes of thi s \r\nOrdinance. \r\n(2) Without prejudice to the generality of the foregoing sub -section, the \r\nAgency shall– \r\n(i) facilitate provision of housing inputs including land, finance, building \r\nmaterials through institutional and legal frame -work and develop \r\nindigenous and cost effective approaches; \r\n(ii) implement parameters of the national housing policy, coordinate and \r\nliaise with the Federal Government  6[and the local government ], \r\nconcerned departments and agencies; \r\n(iii) identify state and other lands for developing lo w income and low cost \r\nhousing schemes; \r\n(iv) facilitate construction of multi storey flats (Low Cost Housing) in \r\ncollaboration with 7[and the local government ] by arranging finances \r\n                                                           \r\n3Substituted for the expression “ Local Government and Rural Development Department ” by the Punjab Laws (Amendment) \r\nOrdinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259 -8267, s. 2 read \r\nwith the Schedule, item 27. \r\n4Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated12.3.2014, pages 2733-2744, see s.2 and the Schedule, at serial No.33. \r\n5Inserted by the Punjab Fair Representa tion of Women Act 2014 (IV of 2014)  ; and published in the Punjab Gazette \r\n(Extraordinary), dated12.3.2014, pages 2733-2744, see s.2 and the Schedule, at serial No.33. \r\n6Substituted for the expression “, District Governments, Tehsil Municipal Administrations” by the Punjab Laws (Amendment) \r\nOrdinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259-8267, s. 2 read \r\nwith the Schedule, item 27. \r\nfrom the House Building Finance Corporation, Development Finance \r\nInstitutions  and commercialized banks; \r\n(v) provide affordable, cost efficient housing schemes especially for the \r\nlow income group and families out of the Revolving Fund; \r\n(vi) facilitate public and private partnership or ventures in housing and \r\ndevelopment of recreational activities (Theme Parks); \r\n(vii) promote environment for friendly and standardized construction \r\nactivities (Cluster Housing); \r\n(viii) prepare guidelines, long -term and short -term plans for implementing \r\nthe low cost housing schemes and programmes in the Punjab; \r\n(ix) facilitate land availability through various innovative measures, develop \r\na comprehensive land information system (Land Bank) to cater for the \r\nplanning and development requirements for a period of five to ten \r\nyears (Forward Planning); \r\n(x) mobilize resources and generate funds in order to provide finance for \r\nhousing especially to the low income group; \r\n(xi)  develop land disposal systems which are unified, transparent and \r\nmarket oriented with open auction policy and exception for special \r\nneeds; \r\n(xii) develop packages in which prime state land occupied by katchi abadis, \r\nshall be offered to the private developers for commercial use; provided \r\nthey arrange and finance upgradation or relocation of katchi abadis; \r\n(xiii) suggest measures to check growt h of slums and katchi abadis, \r\nformulate resettlement and relocation plans; \r\n(xiv) propose suitable amendments in Land Acquisition laws to make \r\nprovisions for unified, transparent and market oriented system of land \r\nacquisition; \r\n(xv) formulate provincial land  use policy, plan and prepare regional \r\ndevelopment plans (Inter district spatial planning – Master plans) for an \r\nintegrated, coordinated and systematic planning to ensure orderly \r\ngrowth and development of physical infrastructure such as highways, \r\nrailways, industrial zones, conservation of forest reserves and provision \r\nof electricity, telephone, sui gas, etc.; \r\n(xvi) plan a comprehensive programme for the development of satellite, \r\nintermediate, secondary and industrial towns to reduce migration and \r\ndrift to big settlements; \r\n(xvii) develop Geographic Information System (GIS) for efficient land \r\ndocumentation and information related to Housing and Town Planning; \r\n                                                                                                                                                                                     \r\n7Substituted for the expression “, the District Governments and Tehsil M unicipal Administrations ” by the Punjab Laws \r\n(Amendment) Ordinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259 -\r\n8267, s. 2 read with the Schedule, item 27. \r\n(xviii) provide technical assistance to 8[and the local government]  towards \r\ncapacity building in all matters related to Housing and Town-Planning; \r\n(xix) coordinate with Federal 9[and the local government]  for implementing  \r\nthe development plans and programmes pertaining to Housing and \r\nTown Planning; \r\n(xx) assist provincial agencies such as Workers Welfare B oard and \r\nGovernment Servants Housing Scheme, etc., in the areas of low cost \r\nhousing; \r\n(xxi) formulate policy parameters to ensure liberalization in the existing \r\nregulatory measures, and to streamline the affairs of private housing \r\nschemes; and \r\n(xxii) perform such other functions as may be assigned to the Agency from \r\ntime to time by the Provincial Government 10[or the local government]. \r\n5. Meetings.– (1) The Agency shall meet at such place and at such time and \r\nshall observe such rules of procedure in regard to  transaction of business in its \r\nmeetings as may be prescribed. \r\n(2) The Chairman shall preside over the meetings of the Agency and in his \r\nabsence any other member of the Agency, elected by the members present, shall \r\npreside over the meeting.  \r\nCHAPTER-III \r\nDIRECTOR GENERAL AND COMMITTEES \r\n6. Appointment and term of office .– (1) The Director General shall be \r\nappointed by Government for a period of four years. \r\n(2) The Director General shall be the Chief Executive of the Agency and \r\nshall perform such duties as may  be assigned to him and exercise such powers as \r\nmay be delegated to him by the Agency. \r\n7. Delegation.– The Agency may, by general or special order, delegate to the \r\nDirector General, a Committee constituted under section 9, a member or an officer of \r\nthe Agency, any of its powers, duties or functions under this Ordinance or the rules \r\nmade thereunder subject to such conditions as it may deem fit. \r\n8. Appointment of officers and employees .– The Agency 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. Qualified women shall be given fair representation in the Agency. \r\n9. Committees.– The Agency may constitute such financial , technical and \r\nadvisory committees as may be deemed necessary for carrying out the purposes of \r\n                                                           \r\n8Substituted for the expression “, the District Governments and Tehsil Municipal Administrations ” by the Punjab Laws \r\n(Amendment) Ordinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 May 2018, pp. 8259 -\r\n8267, s. 2 read with the Schedule, item 27. \r\n9Ibid. \r\n10Substituted ibid., for the expression “, the District Governments or, as the case may be, the Tehsil Municipal Administrations” . \r\nthis Ordinance and such committees shall exercise such powers and perform such \r\nfunctions as may be delegated or assigned to them by the Agency. \r\nCHAPTER-IV \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n10. Preparation of schemes .– (1) The Agency in consultation with the \r\nGovernment Agency concerned shall, in such form and in such manner as may be \r\nprescribed, prepare schemes for the area or any part thereof. \r\n(2)  All schemes  prepared by the Agency shall be submitted to the \r\nGovernment for approval, except those schemes, the estimated costs whereof do \r\nnot exceed such limit as may be prescribed by rules or for which no loan or grant is \r\nrequired from the Government. \r\n(3) The Agency shall publish the sanctioning of any scheme in the official \r\nGazette and shall forthwith proceed to execute the scheme in collaboration with the \r\nGovernment Agency concerned. \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\n11. Modification of schemes.– Any scheme prepared under this Ordinance may, \r\nat any time, be amended or modified by the Agency in consultation with the \r\nGovernment Agency concerned in the same manner as may be prescribed for the \r\npreparation of a scheme. \r\n12. Power to give directions .– (1) The Agency may require a Government \r\nAgency within whose jurisdiction any particular locality or aspect of development \r\ncovered by the scheme lies– \r\n(i) to execute a scheme in consultation with the Agency; \r\n(ii) to take over and maintain any of the works and services in that area; \r\nand \r\n(iii) to provide any amenity in relation to the land which in the opinion of the \r\nAgency ought to be provided. \r\n(2) The expenditure incurred on  the execution of any scheme or on the \r\ntaking over of maintenance of any work, under this section, shall be borne as may be \r\nagreed between the Agency and the Government Agency concerned and in the \r\nevent of disagreement, as may be determined by the Government. \r\n13. Power to execute any scheme .– (1) Where the Agency is satisfied that any \r\ndirection given by it under sub -section (1) of section 12 with regard to any scheme \r\nhas not been carried out by the Government Agency concerned, the Agency may \r\nitself undertake any work for the execution of that scheme and the cost thereof shall \r\nbe borne as may be agreed between the Agency and the Government Agency \r\nconcerned and in the event of disagreement, as may be determined by the \r\nGovernment. \r\n(2) Where any work is undertak en by the Agency 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 t he \r\nGovernment Agency concerned. \r\nCHAPTER-V \r\nGENERAL \r\n14. Directions by Government .– The Agency shall, in discharging its functions, \r\nact and be guided by such directions as the Government may give to it from time to \r\ntime. \r\n15. Controlled Area .– The Agency may, by notification in the official Gazette, \r\ndeclare any local ity to be a Controlled Area, for the purposes of this Ordinance and \r\nmay issue in respect of such locality such directions as it considers fit and \r\nappropriate and do all such things as may be necessary for the prevention of \r\nhaphazard growth, encroachments and unauthorized construction in such area. \r\n16. Borrowing money.– (1) The Agency shall be deemed to be a local authority \r\nfor the purpose of borrowing money and any scheme or project prepared or \r\nundertaken by the Agency shall be deemed to be “work”, as defin ed in section 2 of \r\nthe Local Authorities Loans Act, 1914 (Act IX of 1914): \r\n Provided that no local or foreign loan shall be obtained by the Agency without \r\nthe previous sanction of the Government. \r\n(2) The Agency may, in consultation with the Finance Departm ent, \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 Ordinance, at such rate \r\nof interest as may be approved by the Government. \r\nCHAPTER-VI \r\nACQUISITION \r\n17. Liability to acquisition.– Notwithstanding anything to the contrary contained \r\nin the Land Acquisition Act, 1894, all land within the area shall be liable to acquisition \r\nat any time in accordance with the provisions of this Ordinance. \r\nCHAPTER-VII \r\nFINANCE, ACCOUNTS AND AUDIT \r\n18. Housing and Town Planning Fund .– (1) There shall be formed a fund to be \r\nknown as Revolving Fund which shall vest in the Agency and shall be utilized by the \r\nAgency in connection with its functions under this Ordinance including the payment \r\nof salaries and other remunerations to the members, officers, servants, experts and \r\nconsultants of the Agency. \r\n(2) To the credit of the Agency Fund, shall be credited– \r\n(i) grants and loans by the Government; \r\n(ii) all moneys received from Federal Government or any i nternational \r\nagency by way of grants, loans, advances or otherwise; \r\n(iii) all fees, rates and charges received by the Agency under this \r\nOrdinance; \r\n(iv) all moneys received by the Agency from the disposal of lands, \r\nbuildings and other properties moveable and immovable; \r\n(v) proceeds from the self financing schemes; and  \r\n(vi) all other sums receivable by the Agency. \r\n(3) In case of deficit revenue of the Agency, Government shall provide \r\nfrom its own revenues or from any other source, such sum as may be necessar y for \r\nthe efficient performance of functions of the Agency under this Ordinance. \r\n(4) The Agency 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 Government secu rities, Government sponsored saving schemes or in \r\nsuch manner as may be determined by the Agency. \r\nExplanation.– For the purpose of this sub -section, Government includes Federal \r\nGovernment. \r\n19. Rates and fees .– \r\n11\r\n[(1) The Agency may raise adequate funds, fro m time to \r\ntime, to meet the cost of its schemes by imposing rates, fees and other charges in \r\nsuch manner as may be prescribed.] \r\n(2) The rates, fees and other charges shall be such as to provide sufficient \r\nrevenues– \r\n(i) to cover the operating expenses inclu ding taxes if any, 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; and \r\n(iii) to finance the normal year to year extens ion of any of such schemes \r\nand to provide a reasonable portion of the cost of future major \r\nexpansion of such schemes. \r\n20. Accounts.– The Agency shall maintain proper accounts and other relevant \r\nrecords and prepare annual statement of accounts in such form as may be \r\nprescribed. \r\n21. Budget.– The Agency shall prepare every year, in such form and at such time \r\nas may be prescribed, a budget in respect of the financial year next ensuing showing \r\nthe estimated receipt and expenditure of the Agency and shall submit the same to \r\nthe Government for approval. If the Government does not approve or modify the \r\nbudget within thirty days of its receipt, the budget as prepared by the Agency shall \r\nbe deemed to be the approved budget. \r\n22. Audit.– The accounts of the Agency shall  be audited annually by duly \r\nqualified auditors appointed by the Agency in addition to the pre -audit by the \r\nGovernment Auditors.  \r\n                                                           \r\n11Substituted by the Punjab Housing and Town Planning Agency (Amendment) Act 2026 (XXXIII of 2026), published in the \r\nPunjab Gazette (Extraordinary), dated: 13 May 2026, p. 6043, s. 2. \r\n \r\nCHAPTER-VIII \r\nPENALTY AND PROCEDURE \r\n23. Offences.– An act or omission specified in the Fourth Schedule to 12[the \r\nPunjab Local Go vernment Act 2013 (XVIII of 2013)  or any other law for the time \r\nbeing in force ] shall be an offence liable to punishment by way of imprisonment or \r\npenalty under this Ordinance. \r\n24. Notice and Authorization.– The Agency or Government Agency, as the case \r\nmay be, shall authorize an officer or officers under its administrative control– \r\n(a) to issue legal notices for violation or commission of any offence under \r\nthis Ordinance, rules or byelaws; \r\n(b) to take such measures and actions for compliance of directions \r\ncontained in the notices issued restraining violation or commission of \r\nany offence under this Ordinance, rules or byelaws; and  \r\n(c) to initiate legal proceedings, defend any legal proceedings initiated \r\nagainst the Agency or Government Agency, as the case ma y be, \r\nattend court proceedings and represent the concerned Agency or \r\nGovernment Agency as the case may be. \r\n25. Cognizance of offences .– No court shall take cognizance of any offence \r\nunder this Ordinance except on a complaint in writing received from the agency or an \r\nofficer or a person generally or specifically authorized by the Agency or on a \r\ncomplaint filed by an affected citizen if no action is taken on the complaint made by \r\nhim under sub section (2). \r\n(2) The Agency on its own motion, or an officer or an y other person \r\ngenerally or specially authorized by the agency on his own motion, or on the \r\ncomplaint of any affected citizen, may institute any suit or initiate prosecution or any \r\nother legal action against a person committing an offence under this Ordinance. \r\n26. Punishments and penalties .– (1) Whoever commits any of the offences \r\nspecified in Part -I of the Fourth Schedule to 13[the Punjab Local Government Act \r\n2013 (XVIII of 2013) or any other law for the time being in force ] shall be punishable \r\nwith impriso nment for a term which may extend to three years, or with fine which \r\nmay extend to fifteen thousand rupees, or with both and, if the offence is continued, \r\nwith a further fine which may extend to one thousand rupees for every day after  the \r\ndate of the firs t commission during which period the offender has persisted in the \r\noffence. \r\n(2) Whoever commits any of the offences specified in Part -II of the Fourth \r\nSchedule of 14[the Punjab Local Government Act 2013 (XVIII of 2013)  or any other \r\nlaw for the time being in  force] shall be punishable with imprisonment which may \r\n                                                           \r\n12Substituted for the expression “ the Punjab Local Government Ordinance, 2001 ( XIII of 2001 )” by the Punjab Laws \r\n(Amendment) Ordinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordinary), dated: 28 Ma y 2018, pp. 8259 -\r\n8267, s. 2 read with the Schedule, item 27. \r\n13Substituted for the expression “ the Punjab Local Government Ordinance, 2001 (XIII of 2001) ” by the Punjab Laws \r\n(Amendment) Ordinance 2018 (IV of 2018), published in the Punjab Gazette (Extraordi nary), dated: 28 May 2018, pp. 8259 -\r\n8267, s. 2 read with the Schedule, item 27. \r\n14Ibid. \r\nextend to six months and with fine of one thousand rupees for every day after the \r\ndate of the first commission during which period the offender has persisted in the \r\noffence. \r\n(3) Whoever commits any of  the offence, specified in Part -III to the Fourth \r\nSchedule to 15[the Punjab Local Government Act 2013 (XVIII of 2013)  or any other \r\nlaw for the time being in force ] shall be punishable with imprisonment which may \r\nextend to one month, or with fine which may e xtend to five thousand rupees, or with \r\nboth and, if the offence is continued, with a further fine which may extend to one \r\nhundred rupees for every day after the date of first commission during which period \r\nthe offender has persisted in the offence. \r\n27. Compounding of offences .– Subject to the provision of section 345 of the \r\nCode of Criminal procedure, 1989 (V of 1989), except as otherwise provided, the \r\nAgency or Government Agency, as the case may be, or an officer or any other \r\nperson generally or specially authorized by the Agency in this behalf, may, at any \r\ntime or after the commission of the offence but before the conclusion of proceedings \r\nin the court, compound any offence punishable under this Ordinance. \r\n28. Rights of citizens not affect .– Nothing contained in section 25 shall restrict \r\nor limit the rights of the citizens or residents of a local area to bring any suit or other \r\nlegal proceedings against the Agency or Government Agency, as the case may be, \r\nits officers or other functionaries violating the ri ghts available to them under any law \r\nfor the time being in force. \r\nCHAPTER-IX \r\nMISCELLANEOUS \r\n29. Annual Report .– The Agency 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 \r\non or before such date, as may be prescribed. \r\n30. Recovery of dues .– Any sum due to the Agency from, or any sum wrongly \r\npaid by the Agency to, any person under this Ordinance, shall be recoverable as \r\narrears of land revenue. \r\n31. Conversion of property to a dif ferent use.– Any conversion of property to a \r\ndifferent use or purpose than the one provided under a scheme, by a person or \r\nagency, without the previous approval of the Agency in writing, shall be punishable \r\nwith a fine which may extend to rupees five hundr ed per day from the date of its \r\nconversion till the default continues or with imprisonment for a term which may \r\nextend to one year, or with both. \r\n32. Summary ejectment of unauthorized occupant .– Any person authorized by \r\nthe Agency, in this behalf may summa rily eject any person in unauthorized \r\noccupation of any land or property vested in the Agency, and may for such ejectment \r\nuse such force as may be necessary: \r\n Provided that no action under this section shall be taken without providing an \r\nopportunity of being heard to the persons to be affected thereby.  \r\n                                                           \r\n15Ibid. \r\n33. Removal of building, etc. erected or used in contravention of this \r\nOrdinance.– (1) If any building, structure, work or land is erected, constructed or \r\nused in contravention of the provisions of this Ordi nance or of any rule, regulation or \r\norder made thereunder, any person authorized by the Agency in this behalf, may, by \r\norder in writing, require the owner, occupier, user or person in control of such \r\nbuilding, structure, work or land to remove, demolish or alter the building, structure or \r\nwork or to use it in such manner so as to bring such erection, construction or use, in \r\naccordance with the provisions of this Ordinance. \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, any \r\nperson authorized by the Agency in this behalf may, after giving the person affected \r\nby the order an opportunity of being heard, remove, demolish or alter the building, \r\nstructure or work, or stop the use of the land and, in so doing, may use such force as \r\nmay be necessary and may also recover the cost therefor, from the person \r\nresponsible for the erection, construction or use of the building, structure, work or \r\nland. \r\n34. Members, officers and employees to be public servants .– The Chairman, \r\nmembers, Director General, officers, servants, experts and consultants of the \r\nAgency shall, when acting or purporting to act in pursuance of any provision of this \r\nOrdinance, be deemed to be public  servants within the meaning of section 21 of the \r\nPakistan Penal Code, 1860. \r\n35. Indemnity.– No suit, prosecution or any other legal proceedings shall lie \r\nagainst the Agency, the Chairman, the Director General, any member, officer, \r\nservant, expert or consu ltant of the Agency, in respect of anything done or intended \r\nto be done in good faith under this Ordinance. \r\n36. Jurisdiction of courts barred .– Save as otherwise provided by this \r\nOrdinance, no Court or other Agency shall have jurisdiction to question the l egality of \r\nanything done or any action taken under this Ordinance by or at the instance of the \r\nAgency. \r\n37. Power to make rules .– Subject to the provisions of this Ordinance, \r\nGovernment may make rules for carrying into effect the purposes of this Ordinance. \r\n38. Power to make regulations .– Subject to the provisions of this Ordinance, \r\nand the rules framed thereunder, the Agency may make regulations as may be \r\nnecessary to carry out the purposes of this Ordinance. \r\n39. Overriding effect.– Subject to the Constitut ion, in the event of any conflict or \r\ninconsistency between the provisions of this Ordinance and the provisions of any \r\nother law for the time being in force, the provisions of this Ordinance shall, to the \r\nextent of such conflict or inconsistency, prevail. \r\n40. Succession.– On the establishment of the Agency under this Ordinance– \r\n(i) all functions and powers with respect to the formation, sanction and \r\nexecution of schemes by the Housing and Physical Planning shall be \r\nexercised and performed by the Agency in co llaboration with the \r\nGovernment Agency concerned; and \r\n(ii) all properties, assets and liabilities pertaining to the Housing and \r\nPhysical Planning shall vest in and be the liabilities, as the case may \r\nbe, of the Agency.  \r\n16\r\n[41. Government servants in the Age ncy.– (1) All employees of the \r\nGovernment serving in the Agency shall remain employees of the Government \r\nunless absorbed in the service of the Agency under this section. \r\n (2) An employee of the Government serving in the Agency may opt for \r\nabsorption in the service of the Agency in such manner as may be prescribed. \r\n (3) Notwithstanding anything contained in any law, the Government may \r\ndelegate disciplinary, administrative and financial powers on various functionaries of \r\nthe Agency to deal with the matters re lating to terms and conditions of service of the \r\nemployees of the Government serving in the Agency.] \r\n                                                           \r\n16Inserted by the Punjab Housing and Town Planning Agency (Amendment) Act 2012 (IX of 2013); and published in the Punjab \r\nGazette (Extraordinary), dated 5.1.2013, pages 2011-2012, s.2.",
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