NEW MURREE DEVELOPMENT AUTHORITY ACT 2004

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: a38ffff9ed7ae0a74a419244bf1e1920d6f4337e6a5d770e26289edbc697ed52.

THE NEW MURREE DEVELOPMENT AUTHORITY ACT 2004 
(I of 2004) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Establishment of New Murree Development Authority 
4. Constitution of the Authority 
5. Headquarters of Authority 
6. Director General 
7. Functions and powers of the Authority 
8. Appointment of officers and employees 
9. Employees to be public servants 
10. Indemnity 
11. Authority Fund 
12. Accounts 
13. Budget 
14. Audit 
15. Penalty 
16. Causing damage to property and disobedient of orders 
17. Cognizance of offences 
18. Water resources 
19. Taxes, rates, fees and other charges 
20. Recovery of dues 
21. Conversion of property to a different use 
22. Removal of building etc, erected or used in contravention of this Act 
23. Power to make rules 
24. Power to make regulations 
25. Act to override other laws 
26. Dissolution of Authority 
27. Removal of difficulties 
 
TEXT 
1
THE NEW MURREE DEVELOPMENT AUTHORITY ACT 2004 
(I of 2004) 
[24th January, 2004] 
An 
Act 
to provide for establishment of the New Murree Development Authority. 
Preamble.– Whereas it is expedient in the public interest to establish an Authority 
for planning, development and management of a new township near Murree and to 
make provisions for matters connected therewith and ancillary thereto; 
It is hereby enacted as follows:– 
1. Short title, extent and commencement. – (1) This Act may be called the 
New Murree Development Authority Act 2004. 
(2)  It shall extend to such areas as may be notified by the Government 
from time to time. 
(3)  It shall come into force at once. 
2. Definitions.– In this Act, unless the subject or context otherwise requires,– 
(a)  “Agency” means any department or organization of Federal, Provincial 
or Local Government;  
(b)  “area” means the a rea notified by th e Government from time to time to 
be the area of the Authority;  
(c)  “Authority” means the New Murree Development Authority established 
under this Act;  
(d)  “Government” means the Government of the Punjab; and  
(e)  “prescribed” means prescribed by rules made under this Act. 
3. Establishment of New Murree Development Authority .– (1) As soon as 
may be after the commencement of this Act, the Government shall establish an 
Authority to be called the New Murree Development Authority for carrying out the 
purposes of this Act.  
 (2) The Authority shall be a body corporate, with perpetual succession and 
a common seal, with powers, subject to the provisions of this Act, to acquire and 
hold property, both movable and immovable, and may, by the said name, sue and be 
sued. 
4. Constitution of the Authority.- (1) The Authority shall consist of– 
                                                 
1This Act was passed by the Punjab Assembly on 7 January 2004; assented to by the Governo r of the Punjab on 14 January 
2004; and, was published in the Punjab Gazette (Extraordinary), dated 24 January 2004, pages 153-158. 
(a) Chief Minister of the Punjab;  Chairman 
(ex-officio) 
(b) Chief Secretary, Government of the Punjab; Member (ex -
officio) 
(c) Chairman, Planning & Development Department, 
Government of the Punjab; 
Member (ex -
officio) 
(d) Secretary, Finance Department, Government of the 
Punjab; 
Member (ex -
officio) 
 2
[(d-a) Secretary, Tourism & Resort Development 
Department  
Member (ex -
officio) 
(e) Secretary, Housing, Urban Development & Public 
Health Engineering Department, Government of the 
Punjab; 
Member (ex -
officio) 
(f) Secretary, Forestry , Wildlife 
3
[and]  Fisheries 
4
[*  * *] 
Department, Government of the Punjab; 
Member (ex -
officio) 
(g) Secretary, communication & Works Department. 
Government of the Punjab; 
Member (ex-
officio) 
(h) Secretary, Environment Protection Department, 
Government of the Punjab; 
Member (ex -
officio) 
(i) Director General, New Murree Development 
Authority; and 
Member/Secr
etary (ex-
officio) 
(j) five non-official members to be appointed by the 
Government. 
Member  
(2) The members except the ex -officio members shall hold office for a 
period of three years unless removed earlier by the Government at any time without 
assigning any reason.  
(3) Any non-official member may, by a notice in writing under his hand 
addressed to the Chairman, resign from his office. 
(4) No act or proceedings of the Authority shall become invalid merely on 
the ground of the existence of any vacancy or defect in the constitution of the 
Authority. 
(5) Meetings of the Authority shall be he ld at such times and places and in 
such manner as the Chairman may decide. 
5. Headquarters of Authority. - Until the Authority establishe s its headquarters 
within the area, its headquarters may be situated at any place in the province of the 
Punjab as may be notified by the Government. 
                                                 
2Inserted by the New Murree Development  Authority (Ame ndment) Act 2004 (XVII of 2004); and published in the Punjab 
Gazette (Extraordinary), dated 17.6.2004, pages 1579-1580, s.2. 
3Substituted ibid., for the “comma”. 
4The words “& Tourism” omitted ibid. 
6. Director General. - (1) The Director General shall be appointed by the 
Government on such terms and conditions as may be determined  by the 
Government. 
(2)  The Director General shall be the Chief Executive of the Authority a nd 
shall–  
(a)  be a whole time officer of the Authority; 
(b)  perform such duties as may be assigned to him and exercise such 
powers as may be delegated to him by the Authority; and  
(c)  hold office for a term of three years unless removed earlier by the  
Government without assigning any reason. 
(3) Nothing in this section shall preclude the Government form extending 
the term of office of Director General for such period as the Government may 
determine. 
7. Functions and powers of the Authority .– (1) Subjec t to the provisions of 
this Act and any rules framed there under, the Authority may exercise such powers 
and take such measures as may be necessary for the planning, development and 
management of the area.  
(2) Without prejudice to the generality of the for egoing sub -section, the 
Authority may– 
(a)  prepare and approve a master plan and a phased master programme 
for the development of the area; 
(b) pursuant to the approved master plan and the master programme, call 
upon any Agency to prepare or execute, in consu ltation with the 
Authority, a scheme or schemes in respect of matters ordinarily dealt 
with by such Agency and approval of such schemes shall vest with the 
Authority; 
(c) establish, maintain and periodically revise as necessary, planning, 
controls and building regulations for the area in order– 
(i) to provide appropriate urban design and protect public safety; 
and 
(ii) to ensure compliance with the Master Plan after its preparation; 
and 
(d) take all steps and measures necessary for the implementation and 
enforcement of the provisions of clauses (a) to (c) above. 
(3)  Without restricting the scope of sub -sections (1) and (2), the Authority 
may– 
(a) prepare, implement and enforce schemes for environmental 
improvements, housing, water supply, sewerage, drainage, solid waste 
disposal, transportation and traffic, health and education facilities and 
preservation of objects or places of historical, archaeological, scientific, 
cultural and recreational importance; 
(b) take any steps or adopt any measures for the beautification of the area; 
(c) acquire property, both moveable and immoveable; 
(d) sell, lease, exchange or otherwise dispose of any property vested in it; 
(e) undertake any works and incur any expenditure; 
(f) procure machinery, instruments or any other material required by it; 
(g) enter into contracts; 
(h) cause studies, surveys, experiments or technical researches to be 
made or contribute towards the cost of any such studies, surveys, 
experiments or technical researches; 
(i) issue interim development orders for areas for wh ich a scheme is 
under preparation and restrict or regulate by general or special order 
any change in the use of land and alteration in building structures and 
installations; 
(j) cause removal of any works obstructing the execution of its schemes; 
(k) construct, maintain, upgrade and exclusively charge toll on roads, or 
such other facilities within the area; 
(l) seek and obtain advice and assistance for the preparation of any 
scheme, or for the execution of any scheme from any Government 
Agency or person; 
(m) constitute such financial, technical and advisory committees, as may 
be deemed necessary for carrying out the purposes of this Act and 
such committees shall exercise such powers and perform such 
functions as may be delegated or assigned to them by the Authority; 
(n) by general or special orders, delegate to the Director General or any 
committee or member or officer of the Authority, any of its powers , 
duties or functions under this Act subject to such conditions as it may 
deem fit to impose; and  
(o) perform any or all civic functions including policing and watch and ward 
for the enforcement of the provisions of this Act. 
(4) No planning or development  scheme shall be prepared by any person 
or by agency in the area except with the concurrence of the Authority. 
(5) Any scheme prepared under this Act may at any time be amended or 
modified by the Authority. 
(6)  No person shall, without the prior written consent of the Authority, 
allocate, exploit or in any manner utilize any natural resources used as construc tion 
material in the area. 
(7) Notwithstanding anything contained in any other law for the time being 
in force, the Authority may exercise and perform any or all powers and functions of 
the local government as defined and provided under the Punjab Local Go vernment 
Ordinance, 2001 (XIII of 2001). 
8. Appointment of officers and employees .– (1) The Authority may, from time 
to time appoint su ch officers, adviso rs, experts, consultants and employees as it 
considers necessary for the efficient performance of its functions on such terms and 
conditions as it may deem fit. 
 (2) The Authority may acquire the services of such officers, advisors, 
experts and employees on deputation from any agency as it considers necessary. 
9. Employees to be public servants.– All persons acting or purporting to act in 
pursuance of any of the provisions of this Act shall be deemed to be public servants 
within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860). 
10. Indemnity.– No suit, prosecution or other legal proc eedings shall lie against 
the authority, the Chairman, any member, officers, servants, experts and consultants 
of the Authority in respect of anything done or intended to be done in good faith 
under this Act. 
11. Authority Funds.– (1) There shall be formed a fund to be known as the “New 
Murree Development Authority Fund” which shall vest in the Authority and shall be 
utilized by the Authority in connection with its functions under this Act including the 
payment of salaries and other remunerations to the mem bers, officers, servants, 
experts and consultants of the Authority. 
(2) Following shall be credited to the “New Mu rree Development Authority 
Fund”:– 
(a) grants and loans made by the Government; 
(b)  all moneys received from Government or any international agency by 
way of grants, loans, advances or otherwise; 
(c)  all taxes, fees, rates and other charges received by the Authority under 
this Act; 
(d)  all moneys  received by the Authority from the disposal of lands, 
buildings and other properties, movable and immovable; 
(e)  proceeds from the self -financing schemes of urban development and 
environmental sanitation; and 
(f) all other sums receivable by the Authority. 
12. Accounts.– The Authority shall maintain proper accounts and other relevant 
records and pre pare annual statement of accounts in such form as may be 
prescribed. 
13. Budget.– The Authority shall prepare and approve every year, in such form 
and at such time as may be prescribed, a budget in respect of the financial year next 
ensuing showing the estimated receipt and expenditure of the Authority. 
14.  Audit.– The accounts of the Authority shall be audited annually by duly 
qualified auditors appointed by the Authority. 
15. Penalty.– Whoever contravenes any provision of this Act, or any rules or 
regulations made thereunder shall , if no other penalty is provided for such 
contravention, be punishable with imprisonment for a term which may extend to six 
months or with fine or with both. 
16. Causing damage to property and disobedience of orders.– (1) Whoever 
willfully causes damage, or allows damage to be caused to any property which vests 
in the Authority or which is intended to be acquired by the Authority or unlawfully 
converts it to his own or to the use of any other person shall be punished with 
imprisonment for a term which may extend to one year or with fine or with both. 
(2) Whoever refuses or neglects to provide any officer or servant of the 
Authority with the means necessary for entering into any premises for the purpose of 
collecting any informatio n or making an examination or enquiry shall be punishable 
with imprisonment which may extend to one year or fine or with both. 
(3) Whoever attempts to commit or abets the commission of an offence 
punishable under this Act, shall be deemed to have committed that offence. 
(4) Whoever negligently does any act in the performance of his duties  
which causes loss of money or property to the Authority, shall be liable to be 
punished with imprisonment for a term which may extend to two years or fine or with 
both. 
17. Cognizance of offences.– (1) No court shall take cognizance of any offence 
punishable under this Act except on a complaint in writing made by an officer 
authorized for the purpose by the Authority. 
(2) A court taking cognizance of the offences punishable  under this Act 
shall try such offences in a summary manner in accordance with the provisions of 
the Code of Criminal Procedure, 1898 (Act V of 1898). 
18. Water resources.– The Authority shall have the exclusive right to use water 
emanating from the main s ource situated outside the area and other resources of 
supply within the area. 
19. Taxes, rates, fees and other charges. – The Authority may levy and recover 
taxes, rates, fees and other charges in the area for the purposes of this Act as may 
be notified. 
20. Recovery of dues. – Any sum due to the Authority from or any sum wrongly 
paid by the Authority to, any person under this Act shall be recoverable as arrears of 
land revenue. 
21. Conversion of property to a different use. – Any conversion of property to a 
different use or purpose than the one provided under a scheme, by a person or 
agency, without the previous approval of the Authority in writing, shall be punishable 
with a fine which may extend to rupees one thousand per day from the date of its 
conversion till the default continues or with imprisonment for a term which may 
extend to one year or with both. 
22. Removal of building etc, erected or used in contravention of this Act. – 
(1) If any building, structure, work or land is erected, constructed or used in 
contravention of the provisions of this Act or of any rule, regulation or order made 
thereunder, the Authority or any person authorized by it in this behalf, may, by an 
order in writing, require the owner, occupier, user or person in control of such 
building, structure, work or land to remove ,  demolish or alter the building, structure 
or work or to use it in such manner so as to bring such erection, construction or use, 
in accordance with the provisions of this Act. 
 (2) If an order under sub -section (1) in respect of any building, structure, 
work or land is  not complied within such time, as may be specified therein, the 
Authority in this behalf may remove, demolish or alter the building, structure or work, 
or stop the use of the land and , in so doing , may use such force as may be 
necessary and may also recover the cost thereof from the person responsible for the 
erection, construction or use of the building, structure, work or land in contravention 
of the provisions as aforesaid. 
23. Power to make rules .– Government may, by notification in the official 
Gazette, make rules for carrying into effect the purposes of this Act. 
24. Power to make regulations. – The Authority may make regulations as may 
be necessary, to carry out the purposes of this Act and rules framed thereunder. 
25. Act to override other laws. – In the event of any conflict or inconsistency 
between the provisions of this Act and the provisions of any other law for the time 
being in force , the provisions of this Act, to the extent of such confli ct or 
inconsistency, shall have an overriding effect. 
26. Dissolution of Authority. – (1) The Government may, by notification in the 
official Gazette, declare that the Authority shall be dissolved on such date as may be 
specified in such notification and the Authority shall stand dissolved accordingly. 
(2)(a) On the dissolution of the Authority under this Act– 
(i) all properties, funds and dues placed at the disposal of the 
Authority by the Government; and  
(ii) all properties, funds and dues exchanged for, derived from or 
otherwise attributable to the properties, funds and dues referred 
to in clause (i) which , immediately before the dissolution, were 
held by or were releasable by the Authority, or were realizable 
by the Authority, shall vest in, and be reali zable by the 
Government; 
(b)  all properties, funds and dues, other than those referred to in clause (a) 
which immediately before the dissolution were vested in or were 
realizable by the Authority shall vest in and be realizable by such 
Agency as the Gover nment may determine and its decision thereon 
shall be final; 
(c) all liabilities which, immediately before the dissolution were enforceable 
against the Authority shall be assumed by and be enforceable against 
the Government or such Agency as the Governm ent determines under 
clause (b); 
(d)  for the purpose of completing the execution of any scheme which has 
not been fully executed by the Authority and of realizing properties, 
funds and dues referred to in clauses (a) and (b) the functions of the 
Authority under this Act shall be discharged by the Government or by 
the Agency determined by the Government under clauses (b) and (c); 
and  
(e)  the Agency referred to in clauses (b), (c) and (d) shall keep such 
accounts of all moneys received and expended by it under this Act as 
the Government may determine. 
27. Removal of difficulties. – If any difficulty arises in giving effect to any 
provision of this Act, the Government may give such directions, as it may consider 
necessary for the removal of such difficulty.