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  "title": "NEW MURREE DEVELOPMENT AUTHORITY ACT 2004",
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  "text": "THE NEW MURREE DEVELOPMENT AUTHORITY ACT 2004 \r\n(I of 2004) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of New Murree Development Authority \r\n4. Constitution of the Authority \r\n5. Headquarters of Authority \r\n6. Director General \r\n7. Functions and powers of the Authority \r\n8. Appointment of officers and employees \r\n9. Employees to be public servants \r\n10. Indemnity \r\n11. Authority Fund \r\n12. Accounts \r\n13. Budget \r\n14. Audit \r\n15. Penalty \r\n16. Causing damage to property and disobedient of orders \r\n17. Cognizance of offences \r\n18. Water resources \r\n19. Taxes, rates, fees and other charges \r\n20. Recovery of dues \r\n21. Conversion of property to a different use \r\n22. Removal of building etc, erected or used in contravention of this Act \r\n23. Power to make rules \r\n24. Power to make regulations \r\n25. Act to override other laws \r\n26. Dissolution of Authority \r\n27. Removal of difficulties \r\n \r\nTEXT \r\n1\r\nTHE NEW MURREE DEVELOPMENT AUTHORITY ACT 2004 \r\n(I of 2004) \r\n[24th January, 2004] \r\nAn \r\nAct \r\nto provide for establishment of the New Murree Development Authority. \r\nPreamble.– Whereas it is expedient in the public interest to establish an Authority \r\nfor planning, development and management of a new township near Murree and to \r\nmake provisions for matters connected therewith and ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement. – (1) This Act may be called the \r\nNew Murree Development Authority Act 2004. \r\n(2)  It shall extend to such areas as may be notified by the Government \r\nfrom time to time. \r\n(3)  It shall come into force at once. \r\n2. Definitions.– In this Act, unless the subject or context otherwise requires,– \r\n(a)  “Agency” means any department or organization of Federal, Provincial \r\nor Local Government;  \r\n(b)  “area” means the a rea notified by th e Government from time to time to \r\nbe the area of the Authority;  \r\n(c)  “Authority” means the New Murree Development Authority established \r\nunder this Act;  \r\n(d)  “Government” means the Government of the Punjab; and  \r\n(e)  “prescribed” means prescribed by rules made under this Act. \r\n3. Establishment of New Murree Development Authority .– (1) As soon as \r\nmay be after the commencement of this Act, the Government shall establish an \r\nAuthority to be called the New Murree Development Authority for carrying out the \r\npurposes of this Act.  \r\n (2) The Authority shall be a body corporate, with perpetual succession and \r\na common 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\n4. Constitution of the Authority.- (1) The Authority shall consist of– \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 7 January 2004; assented to by the Governo r of the Punjab on 14 January \r\n2004; and, was published in the Punjab Gazette (Extraordinary), dated 24 January 2004, pages 153-158. \r\n(a) Chief Minister of the Punjab;  Chairman \r\n(ex-officio) \r\n(b) Chief Secretary, Government of the Punjab; Member (ex -\r\nofficio) \r\n(c) Chairman, Planning & Development Department, \r\nGovernment of the Punjab; \r\nMember (ex -\r\nofficio) \r\n(d) Secretary, Finance Department, Government of the \r\nPunjab; \r\nMember (ex -\r\nofficio) \r\n 2\r\n[(d-a) Secretary, Tourism & Resort Development \r\nDepartment  \r\nMember (ex -\r\nofficio) \r\n(e) Secretary, Housing, Urban Development & Public \r\nHealth Engineering Department, Government of the \r\nPunjab; \r\nMember (ex -\r\nofficio) \r\n(f) Secretary, Forestry , Wildlife \r\n3\r\n[and]  Fisheries \r\n4\r\n[*  * *] \r\nDepartment, Government of the Punjab; \r\nMember (ex -\r\nofficio) \r\n(g) Secretary, communication & Works Department. \r\nGovernment of the Punjab; \r\nMember (ex-\r\nofficio) \r\n(h) Secretary, Environment Protection Department, \r\nGovernment of the Punjab; \r\nMember (ex -\r\nofficio) \r\n(i) Director General, New Murree Development \r\nAuthority; and \r\nMember/Secr\r\netary (ex-\r\nofficio) \r\n(j) five non-official members to be appointed by the \r\nGovernment. \r\nMember  \r\n(2) The members except the ex -officio members shall hold office for a \r\nperiod of three years unless removed earlier by the Government at any time without \r\nassigning any reason.  \r\n(3) Any non-official member may, by a notice in writing under his hand \r\naddressed to the Chairman, resign from his office. \r\n(4) No act or proceedings of the Authority shall become invalid merely on \r\nthe ground of the existence of any vacancy or defect in the constitution of the \r\nAuthority. \r\n(5) Meetings of the Authority shall be he ld at such times and places and in \r\nsuch manner as the Chairman may decide. \r\n5. Headquarters of Authority. - Until the Authority establishe s its headquarters \r\nwithin the area, its headquarters may be situated at any place in the province of the \r\nPunjab as may be notified by the Government. \r\n                                                 \r\n2Inserted by the New Murree Development  Authority (Ame ndment) Act 2004 (XVII of 2004); and published in the Punjab \r\nGazette (Extraordinary), dated 17.6.2004, pages 1579-1580, s.2. \r\n3Substituted ibid., for the “comma”. \r\n4The words “& Tourism” omitted ibid. \r\n6. Director General. - (1) The Director General shall be appointed by the \r\nGovernment on such terms and conditions as may be determined  by the \r\nGovernment. \r\n(2)  The Director General shall be the Chief Executive of the Authority a nd \r\nshall–  \r\n(a)  be a whole time officer of the Authority; \r\n(b)  perform such duties as may be assigned to him and exercise such \r\npowers as may be delegated to him by the Authority; and  \r\n(c)  hold office for a term of three years unless removed earlier by the  \r\nGovernment without assigning any reason. \r\n(3) Nothing in this section shall preclude the Government form extending \r\nthe term of office of Director General for such period as the Government may \r\ndetermine. \r\n7. Functions and powers of the Authority .– (1) Subjec t to the provisions of \r\nthis Act and any rules framed there under, the Authority may exercise such powers \r\nand take such measures as may be necessary for the planning, development and \r\nmanagement of the area.  \r\n(2) Without prejudice to the generality of the for egoing sub -section, the \r\nAuthority may– \r\n(a)  prepare and approve a master plan and a phased master programme \r\nfor the development of the area; \r\n(b) pursuant to the approved master plan and the master programme, call \r\nupon any Agency to prepare or execute, in consu ltation with the \r\nAuthority, a scheme or schemes in respect of matters ordinarily dealt \r\nwith by such Agency and approval of such schemes shall vest with the \r\nAuthority; \r\n(c) establish, maintain and periodically revise as necessary, planning, \r\ncontrols and building regulations for the area in order– \r\n(i) to provide appropriate urban design and protect public safety; \r\nand \r\n(ii) to ensure compliance with the Master Plan after its preparation; \r\nand \r\n(d) take all steps and measures necessary for the implementation and \r\nenforcement of the provisions of clauses (a) to (c) above. \r\n(3)  Without restricting the scope of sub -sections (1) and (2), the Authority \r\nmay– \r\n(a) prepare, implement and enforce schemes for environmental \r\nimprovements, housing, water supply, sewerage, drainage, solid waste \r\ndisposal, transportation and traffic, health and education facilities and \r\npreservation of objects or places of historical, archaeological, scientific, \r\ncultural and recreational importance; \r\n(b) take any steps or adopt any measures for the beautification of the area; \r\n(c) acquire property, both moveable and immoveable; \r\n(d) sell, lease, exchange or otherwise dispose of any property vested in it; \r\n(e) undertake any works and incur any expenditure; \r\n(f) procure machinery, instruments or any other material required by it; \r\n(g) enter into contracts; \r\n(h) cause studies, surveys, experiments or technical researches to be \r\nmade or contribute towards the cost of any such studies, surveys, \r\nexperiments or technical researches; \r\n(i) issue interim development orders for areas for wh ich 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(j) cause removal of any works obstructing the execution of its schemes; \r\n(k) construct, maintain, upgrade and exclusively charge toll on roads, or \r\nsuch other facilities within the area; \r\n(l) 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; \r\n(m) constitute such financial, technical and advisory committees, as may \r\nbe deemed necessary for carrying out the purposes of this Act and \r\nsuch committees shall exercise such powers and perform such \r\nfunctions as may be delegated or assigned to them by the Authority; \r\n(n) by general or special orders, delegate to the Director General or any \r\ncommittee or member or officer of the Authority, any of its powers , \r\nduties or functions under this Act subject to such conditions as it may \r\ndeem fit to impose; and  \r\n(o) perform any or all civic functions including policing and watch and ward \r\nfor the enforcement of the provisions of this Act. \r\n(4) No planning or development  scheme shall be prepared by any person \r\nor by agency in the area except with the concurrence of the Authority. \r\n(5) Any scheme prepared under this Act may at any time be amended or \r\nmodified by the Authority. \r\n(6)  No person shall, without the prior written consent of the Authority, \r\nallocate, exploit or in any manner utilize any natural resources used as construc tion \r\nmaterial in the area. \r\n(7) Notwithstanding anything contained in any other law for the time being \r\nin force, the Authority may exercise and perform any or all powers and functions of \r\nthe local government as defined and provided under the Punjab Local Go vernment \r\nOrdinance, 2001 (XIII of 2001). \r\n8. Appointment of officers and employees .– (1) The Authority may, from time \r\nto time appoint su ch officers, adviso rs, experts, consultants and employees as it \r\nconsiders necessary for the efficient performance of its functions on such terms and \r\nconditions as it may deem fit. \r\n (2) The Authority may acquire the services of such officers, advisors, \r\nexperts and employees on deputation from any agency as it considers necessary. \r\n9. Employees to be public servants.– All persons acting or purporting to act in \r\npursuance of any of the provisions of this Act shall be deemed to be public servants \r\nwithin the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860). \r\n10. Indemnity.– No suit, prosecution or other legal proc eedings shall lie against \r\nthe authority, the Chairman, any member, officers, servants, experts and consultants \r\nof the Authority in respect of anything done or intended to be done in good faith \r\nunder this Act. \r\n11. Authority Funds.– (1) There shall be formed a fund to be known as the “New \r\nMurree Development Authority Fund” which shall vest in the Authority and shall be \r\nutilized by the Authority in connection with its functions under this Act including the \r\npayment of salaries and other remunerations to the mem bers, officers, servants, \r\nexperts and consultants of the Authority. \r\n(2) Following shall be credited to the “New Mu rree Development Authority \r\nFund”:– \r\n(a) grants and loans made by the Government; \r\n(b)  all moneys received from Government or any international agency by \r\nway of grants, loans, advances or otherwise; \r\n(c)  all taxes, fees, rates and other charges received by the Authority under \r\nthis 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(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\n12. Accounts.– The Authority shall maintain proper accounts and other relevant \r\nrecords and pre pare annual statement of accounts in such form as may be \r\nprescribed. \r\n13. Budget.– The Authority shall prepare and approve every year, in such form \r\nand at such time as may be prescribed, a budget in respect of the financial year next \r\nensuing showing the estimated receipt and expenditure of the Authority. \r\n14.  Audit.– The accounts of the Authority shall be audited annually by duly \r\nqualified auditors appointed by the Authority. \r\n15. Penalty.– Whoever contravenes any provision of this Act, or any rules or \r\nregulations made thereunder shall , if no other penalty is provided for such \r\ncontravention, be punishable with imprisonment for a term which may extend to six \r\nmonths or with fine or with both. \r\n16. Causing damage to property and disobedience of orders.– (1) Whoever \r\nwillfully causes damage, or allows damage to be caused to any property which vests \r\nin the Authority or which is intended to be acquired by the Authority or unlawfully \r\nconverts it to his own or to the use of any other person shall be punished with \r\nimprisonment for a term which may extend to one year or with fine or with both. \r\n(2) Whoever refuses or neglects to provide any officer or servant of the \r\nAuthority with the means necessary for entering into any premises for the purpose of \r\ncollecting any informatio n or making an examination or enquiry shall be punishable \r\nwith imprisonment which may extend to one year or fine or with both. \r\n(3) Whoever attempts to commit or abets the commission of an offence \r\npunishable under this Act, shall be deemed to have committed that offence. \r\n(4) Whoever negligently does any act in the performance of his duties  \r\nwhich causes loss of money or property to the Authority, shall be liable to be \r\npunished with imprisonment for a term which may extend to two years or fine or with \r\nboth. \r\n17. Cognizance of offences.– (1) No court shall take cognizance of any offence \r\npunishable under this Act except on a complaint in writing made by an officer \r\nauthorized for the purpose by the Authority. \r\n(2) A court taking cognizance of the offences punishable  under this Act \r\nshall try such offences in a summary manner in accordance with the provisions of \r\nthe Code of Criminal Procedure, 1898 (Act V of 1898). \r\n18. Water resources.– The Authority shall have the exclusive right to use water \r\nemanating from the main s ource situated outside the area and other resources of \r\nsupply within the area. \r\n19. Taxes, rates, fees and other charges. – The Authority may levy and recover \r\ntaxes, rates, fees and other charges in the area for the purposes of this Act as may \r\nbe notified. \r\n20. 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\n21. Conversion of property to a different 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 Authority in writing, shall be punishable \r\nwith a fine which may extend to rupees one thousand 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\n22. Removal of building etc, erected or used in contravention of this Act. – \r\n(1) If any building, structure, 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 Authority or any person authorized by it in this behalf, may, by an \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 \r\nor work or to use it in such manner so as to bring such erection, construction or use, \r\nin accordance with the provisions of this Act. \r\n (2) If an order under sub -section (1) in respect of any building, structure, \r\nwork or land is  not complied within such time, as may be specified therein, the \r\nAuthority in this behalf may remove, demolish or alter the building, structure or work, \r\nor stop the use of the land and , in so doing , may use such force as may be \r\nnecessary and may also recover the cost thereof from the person responsible for the \r\nerection, construction or use of the building, structure, work or land in contravention \r\nof the provisions as aforesaid. \r\n23. Power to make rules .– Government may, by notification in the official \r\nGazette, make rules for carrying into effect the purposes of this Act. \r\n24. Power to make regulations. – The Authority may make regulations as may \r\nbe necessary, to carry out the purposes of this Act and rules framed thereunder. \r\n25. Act to override other laws. – In the event of any conflict or inconsistency \r\nbetween the provisions of this Act and the provisions of any other law for the time \r\nbeing in force , the provisions of this Act, to the extent of such confli ct or \r\ninconsistency, shall have an overriding effect. \r\n26. Dissolution of Authority. – (1) The Government may, by notification in the \r\nofficial Gazette, declare that the Authority shall be dissolved on such date as may be \r\nspecified in such notification and the Authority shall stand dissolved accordingly. \r\n(2)(a) On the dissolution of the Authority under this Act– \r\n(i) all properties, funds and dues placed at the disposal of the \r\nAuthority by the Government; and  \r\n(ii) all properties, funds and dues exchanged for, derived from or \r\notherwise attributable to the properties, funds and dues referred \r\nto in clause (i) which , immediately before the dissolution, were \r\nheld by or were releasable by the Authority, or were realizable \r\nby the Authority, shall vest in, and be reali zable by the \r\nGovernment; \r\n(b)  all properties, funds and dues, other than those referred to in clause (a) \r\nwhich immediately before the dissolution were vested in or were \r\nrealizable by the Authority shall vest in and be realizable by such \r\nAgency as the Gover nment may determine and its decision thereon \r\nshall be final; \r\n(c) all liabilities which, immediately before the dissolution were enforceable \r\nagainst the Authority shall be assumed by and be enforceable against \r\nthe Government or such Agency as the Governm ent determines under \r\nclause (b); \r\n(d)  for the purpose of completing the execution of any scheme which has \r\nnot been fully executed by the Authority and of realizing properties, \r\nfunds and dues referred to in clauses (a) and (b) the functions of the \r\nAuthority under this Act shall be discharged by the Government or by \r\nthe Agency determined by the Government under clauses (b) and (c); \r\nand  \r\n(e)  the Agency referred to in clauses (b), (c) and (d) shall keep such \r\naccounts of all moneys received and expended by it under this Act as \r\nthe Government may determine. \r\n27. Removal of difficulties. – If any difficulty arises in giving effect to any \r\nprovision of this Act, the Government may give such directions, as it may consider \r\nnecessary for the removal of such difficulty.",
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