{ "schema_version": "qanun-law-text/1", "id": "punjab-code-d89522c3af838def", "title": "PUNJAB DEVELOPMENT OF CITIES ACT, 1976", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AzZWZVNlVGc-", "version": null, "source_snapshot": "2026-08-06T16:54:17Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "d841fbf91f91f327920a4b96455355a40175a1b6da9c66b23bd8aba9e3b8043e", "source_sha256": "d841fbf91f91f327920a4b96455355a40175a1b6da9c66b23bd8aba9e3b8043e", "text_version_id": "law:punjab-code-d89522c3af838def:sha256:d841fbf91f91f327920a4b96455355a40175a1b6da9c66b23bd8aba9e3b8043e", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB DEVELOPMENT OF CITIES ACT, 1976 \r\n(XIX of 1976) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Declaration of any area to be a city and alteration of the limits thereof \r\n4. Application of this Act and establishment of an Authority \r\n5. Disqualification of members \r\n6. Meetings \r\nCHAPTER II \r\nPOWERS AND FUNCTIONS OF THE AUTHORITY \r\n7. Powers and functions of Authority \r\n8. Delegation \r\n9. Appointment of officers and employees \r\n10. Committees \r\nCHAPTER III \r\nDIRECTOR-GENERAL \r\n11. Appointment and terms of office \r\nCHAPTER IV \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n12. Preparation of schemes \r\n13. Modification of schemes \r\n14. Power to give directions \r\n15. Power to execute any scheme \r\nCHAPTER V \r\nGENERAL \r\n16. Directions by Government \r\n16A. Transfer of functions, etc \r\n17. Controlled Area \r\n18. Power to act as Local [Government] \r\n19. Power to remove sources of pollution \r\n20. Beautification \r\n21. Borrowing money \r\n22. Power to levy betterment fee \r\n23. Assessment of betterment fee \r\nCHAPTER VI \r\nACQUISITION \r\n24. Liability to acquisition \r\n25. Application of Act No. VIII of 1973 \r\nCHAPTER VII \r\nFINANCE, ACCOUNTS AND AUDIT \r\n26. Authority Fund \r\n27. Rates & Fees \r\n28. Fees on tubewells \r\n29. Accounts \r\n30. Budget \r\n31. Audit \r\nCHAPTER VIII \r\nPENALTY AND PROCEDURE \r\n32. Penalty and procedure \r\n33. Causing damage to property and disobedience of orders \r\n34. Cognizance of offence by Courts \r\nCHAPTER IX \r\nMISCELLANEOUS \r\n35. Annual report \r\n36. Recovery of dues \r\n37. Conversion of property to a different use \r\n38. Summary ejectment of unauthorized occupants \r\n39. Removal of building etc. erected or used in contravention of this Act \r\n40. Members, Officers & employees to be public servants \r\n41. Immunity of the Authority and its employees \r\n42. Jurisdiction of courts barred \r\n43. Power to make rules \r\n44. Power to make regulations \r\n45. This Act to prevail over other laws \r\n46. Authority to replace the Improvement Trust \r\nCHAPTER X \r\nREPEAL \r\n47. Repeal & savings \r\n48. Repeal of Punjab Ordinance No. XI of 1976 \r\nSCHEDULE \r\nTEXT \r\n1\r\nTHE PUNJAB DEVELOPMENT OF CITIES ACT, 1976 \r\n(XIX of 1976) \r\n[16th December, 1976] \r\nAn \r\nAct \r\nto provide for the development of cities in the Punjab. \r\nPreamble.– WHEREAS it is expedient in the public interest to establish a \r\ncomprehensive system of planning and development in order to improve the quality \r\nof life in the cities of the Punjab, establish an integrated development approach and \r\na continuing process of planning and development, to ensure optimum utilization of \r\nresources, economical and effective utilization of land and to evolve policies and \r\nprogrammes, relating to the improvement of the environment of housing, industrial \r\ndevelopment, traffic, transportation, health, education, water supply, sewerage, \r\ndrainage, solid waste disposal and matters connected therewith and incidental \r\nthereto: \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\nPunjab Development of Cities Act, 1976. \r\n(2) It shall extend to the whole of the Province of the Punjab. \r\n2\r\n[(3) It applies to the cities of Multan and \r\n3\r\n[Faisalabad] declared as such \r\nunder sub-section (1) of section 3 of the Punjab Development of Cities Ordinance, \r\n1976 (No. XI of 1976), with effect from the 22nd October, 1976 and shall apply to \r\nsuch other city or cities as the Government may, by notification, specify from time to \r\ntime.] \r\n4\r\n[2. 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(b) “area” means the whole or any part of the city; \r\n(c) “Authority” means the Authority established under section 4 of the Act; \r\n \r\n1This Act was passed by the Punjab Assembly on 24th November, 1976; assented to by the Governor of the Punjab on 16th \r\nDecember, 1976; and, published in the Punjab Gazette (Extraordinary), dated 16th December, 1976, pages 2757-2770. \r\n2Substituted by the Punjab Development of Cities (Amendment) Ordinance, 1981 (VII of 1981); and published in the Punjab \r\nGazette (Extraordinary), dated 23.5.1981, pages 360-A to 360-B, s.2 (w.e.f. 16.12.1976). \r\n3Substituted for the word “Lyallpur” by the Punjab Development of Cities (Amendment) Act 2006 (XVI of 2006); and published in \r\nthe Punjab Gazette (Extraordinary), dated 2.11.2006, pages 1557-1559, s.2. \r\n4Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014); and published in the Punjab Gazette \r\n(Extraordinary), dated 19..3.2014, pages 2817-2821, s.2 \r\n(d) “Chairman” means Chairman of the Authority; \r\n(e) “Chief Officer” means the Chief Officer of the Municipal Corporation; \r\n(f) “city” means an area declared by the Government to be a city for \r\npurposes of this Act; \r\n(g) “Commissioner” means Commissioner of the Division; \r\n(h) “controlled area” means an area notified as controlled area by the \r\nAuthority; \r\n(i) “Director General” means the Director General of the Authority \r\nappointed under section 11 of this Act; \r\n(j) “District Coordination Officer” means the District Coordination Officer of \r\nthe District and includes any other officer appointed by the Government \r\nto exercise all or any of the powers and discharge any of the functions \r\nof the District Coordination Officer by whatever designation called; \r\n(k) “Government” means Government of the Punjab; \r\n(l) “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(m) “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\nthe benefits arising out of land and things attached to earth or \r\npermanently fastened to earth; \r\n(n) “local government” means a local government as defined in the Punjab \r\nLocal Government Act 2013 (XVIII of 2013) or under any other law for \r\nthe time being in force; \r\n(o) “Mayor” means the Mayor of the Municipal Corporation concerned; \r\n(p) “member” means a member of the Authority and includes its Chairman; \r\n(q) “person” includes an individual, company, firm, institution, Government \r\nagency, co-operative society or association of individuals whether \r\nincorporated or not; and \r\n(r) “prescribed” means prescribed by rules or regulations.] \r\n3. Declaration of any area to be a city and alteration of the limits thereof.– \r\n(1) For the purpose of this Act, the Government may, by notification, declare any \r\narea to be a city. \r\n(2) The Government may, at any time, extend, curtail or otherwise alter the \r\nlimits of a city. \r\n4. Application of this Act and establishment of an Authority.– (1) The \r\nGovernment may \r\n5\r\n[* * *] establish an Authority for the city to which this Act has been \r\napplied \r\n6\r\n[:] \r\n7\r\n[Provided that in the case of the cities of Multan and \r\n8\r\n[Faisalabad] declared as \r\nsuch under sub-section (1) of section 3 of the Punjab Development of Cities \r\nOrdinance, 1976 (XI of 1976), the Multan Development Authority and the \r\n9\r\n[Faisalabad] Development Authority shall be deemed to have been validly \r\nestablished with effect from the 22nd of October, 1976.] \r\n(2) The Authority shall be known by the name as may be specified by the \r\nGovernment. \r\n(3) The Authority shall be a body corporate, having perpetual succession \r\nand a common seal with powers, subject to the provisions of this Act, to acquire, \r\nhold and transfer property both movable and immovable, and may, by its name sue \r\nor be sued. \r\n10\r\n[(4) The Authority shall consist of the Chairman who shall be the Chief \r\nMinister or any other person nominated by him, and the following members:– \r\n(a) three members, including one woman member, of Provincial Assembly \r\nof the Punjab to be nominated by the Government; \r\n(b) Mayor; \r\n(c) Chairman Planning and Development Board or his representative not \r\nbelow the rank of Additional Secretary; \r\n(d) Secretary to Government, Finance Department or his representative \r\nnot below the rank of Additional Secretary; \r\n(e) Secretary to Government, Housing, Urban Development and Public \r\nHealth Engineering Department or his representative not below the \r\nrank of Additional Secretary; \r\n(f) Secretary to Government, Local Government and Community \r\nDevelopment Department or his representative not below the rank of \r\nAdditional Secretary; \r\n(g) Commissioner; \r\n(h) District Coordination Officer; \r\n(i) Director General; \r\n \r\n5The commas and words “by notification,” deleted by the Punjab Development of Cities (Amendment) Ordinance, 1981 (VII of \r\n1981); and published in the Punjab Gazette (Extraordinary), dated 23.5.1981, pages 360-A to 360-B, s.3 (w.e.f 16th December, \r\n1976). \r\n6Substituted ibid, for a full-stop. \r\n7Added ibid. \r\n8Substituted for the word “Lyallpur” by the Punjab Development of Cities (Amendment) Act 2006 (XVI of 2006); and published in \r\nthe Punjab Gazette (Extraordinary), dated 2.11.2006, pages 1557-1559, s.4. \r\n9Ibid. \r\n10Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.3. Earlier substituted by the Punjab Development of Cities (Amendment) \r\nAct 2006 (XVI of 2006); and published in the Punjab Gazette (Extraordinary), dated 2.11.2006, pages 1557-1559, s.4 and by \r\nthe Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002); and published in the Punjab Gazette \r\n(Extraordinary), dated 8.8.2002, pages 2589-2593, s.3. \r\n(j) all Managing Directors; and \r\n(k) two technical experts to be nominated by the Government \r\n11\r\n[.]] \r\n \r\n12\r\n[(5) The Government may, by notification, alter, increase or \r\ndecrease the membership of the Authority.] \r\n(6) \r\n13\r\n[* * * * * * * * * * * ] \r\n(7) No act or proceedings of the Authority shall be invalid merely by reason \r\nof any vacancy in, or defect in, the constitution of the Authority. \r\n14\r\n[(8) The Government may designate one or more members of the Authority \r\nas Vice Chairman. \r\n(9) A Vice Chairman shall perform such functions as may be assigned to \r\nhim by the Authority.] \r\n5. Disqualification of members.– No person shall be, or shall continue to be a \r\nmember 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 of unsound mind; or \r\n(d) is a minor; or \r\n(e) has a financial 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. 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\n15\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 \r\n11Misprinted in the Original Gazette as semi-colon. \r\n12Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.3. Earlier substituted by the Punjab Development of Cities (Amendment) \r\nAct 2006 (XVI of 2006); and published in the Punjab Gazette (Extraordinary), dated 2.11.2006, pages 1557-1559, s.4. \r\n13Deleted by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002); and published in the Punjab \r\nGazette (Extraordinary), dated 8.8.2002, pages 2589-2593, s.3, which will remain in force under the Provisional Constitution \r\n(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article \r\n128 of the Constitution of the Islamic Republic of Pakistan. \r\n14Added by the Punjab Development of Cities (Amendment) Act 1998 (IV of 1998); and published in the Punjab Gazette \r\n(Extraordinary), dated 8.5.1998, pages 775-776, s.2. \r\n15Substituted by the Punjab Development of Cities (Amendment) Act 1998 (IV of 1998) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 8.5.1998, pages 775-776, s.3. \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 \r\npresent, from amongst themselves.] \r\nCHAPTER II \r\nPOWERS AND FUNCTIONS OF THE AUTHORITY \r\n7. Powers and functions of Authority.– (1) Subject to the provisions of this Act \r\nand any rules framed thereunder, the Authority may exercise such powers and take \r\nsuch measures as may be necessary for carrying out the purposes of this Act. \r\n(2) Without prejudice to the generality of the provisions of the foregoing \r\nsub-section, the Authority may:– \r\n(i) initiate and maintain a continuous process of comprehensive \r\ndevelopment planning for the area with the objective of preparing a \r\ndevelopment plan; \r\n(ii) periodically update such a Development Plan and coordinate its \r\nimplementation by the Authority or Government agencies within the \r\narea; \r\n(iii) develop, operate and maintain water supply, sewerage and drainage \r\nsystem within the area; \r\n(iv) prepare Annual Development Programme for the area, ensure \r\ncompliance of the Annual Development Programme with priorities \r\nestablished in the development plan after its preparation and evaluate \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; and \r\n(b) ensure compliance with the development plan after its \r\npreparation. \r\n(vi) prepare, implement and enforce schemes for environmental \r\nimprovements, housing, urban renewal including slums 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 \r\nimportance; \r\n(vii) take any steps or adopt any measures for the face lifting and \r\nbeautification of the area; \r\n(viii) acquire property, both movable and immovable; \r\n(ix) sell, lease, exchange or otherwise dispose of any property vested in it; \r\n(x) undertake any works and incur any expenditure; \r\n(xi) procure machinery instruments or any other material required by it; \r\n(xii) enter into contracts; \r\n(xiii) cause studies, surveys, experiments, technical researches or \r\ncontribute towards the cost of any such studies, surveys, experiments \r\nor technical researches made by any other Agency; \r\n(xiv) issue interim development order for the area for which a scheme is \r\nunder preparation and restrict or regulate by general or special order, \r\nany change in the use of land and alteration in building structure and \r\ninstallation; \r\n(xv) seek and obtain advice and assistance for the preparation of any \r\nscheme, or for the execution of any scheme from any Government \r\nAgency or person and such Agency or person shall give the advice and \r\nassistance sought by the Authority to the best of its ability, knowledge \r\nand judgement and the additional expenditure, if any, involved in giving \r\nsuch advice or assistance shall be borne by the Authority; and \r\n(xvi) establish an agency/agencies and entrust to it such powers and \r\nfunctions as it may deem fit with the approval of the Government. \r\n8. Delegation.– The Authority may, by general or special orders, delegate to the \r\nDirector-General or a Committee constituted under section 10 or a member or an \r\nofficer of the Authority, any of its powers, duties or functions under this Act, subject \r\nto such conditions as it may think fit to impose. \r\n9. Appointment of officers and employees.– The Authority may appoint such \r\nofficers, advisors, 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\n10. Committees.– The Authority may constitute such financial, technical and \r\nadvisory committees as may be deemed necessary for carrying 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 III \r\nDIRECTOR-GENERAL \r\n11. Appointment and terms of office.– (1) The Director-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 \r\n16\r\n[or part time] officer of the Authority; and \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. \r\n \r\n16Inserted by the Punjab Development of Cities (Amendment) Ordinance, 1982 (I of 1982); and published in the Punjab Gazette \r\n(Extraordinary), dated 27.2.1982, s.2. \r\nCHAPTER IV \r\nPREPARATION AND EXECUTION OF SCHEMES \r\n12. 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 and \r\nexecute or have them executed in the prescribed manner. \r\n(2) All such schemes prepared by the Authority shall be submitted to the \r\nGovernment for its approval, except those schemes, the provisional estimated cost \r\nof which does not exceed 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. \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\n(5) No planning or development scheme shall be prepared by any person \r\nor \r\n17\r\n[local government] as defined in the \r\n18\r\n[Punjab Local Government Act 2013 (XVIII \r\nof 2013)] or Government agency within the area except with the concurrence of the \r\nAuthority. \r\n19\r\n[(6) In every scheme provision for a plot or plots for mosques shall be \r\nmade.] \r\n13. Modification of schemes.– Any scheme prepared under this Act, may at any \r\ntime, be amended, modified or abandoned by the Authority, in such form and in such \r\nmanner as may be prescribed. \r\n14. 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 the 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\n \r\n17Substituted for the words “local council as defined in the Punjab Local Government Act, 1975” by the Punjab Development of \r\nCities (Amendment) Ordinance, 2002 (XLII of 2002) ; and published in the Punjab Gazette (Extraordinary), dated 8.8.2002, \r\npages 2589-2593, s.4, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), \r\nArticle 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic \r\nRepublic of Pakistan. \r\n18Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.4. \r\n19Added by the Punjab Development of Cities (Amendment) Ordinance, 1984 (XXVII of 1984); and published in the Punjab \r\nGazette (Extraordinary), dated 17.12.1984, pages 2023-2024, s.2. \r\nGovernment Agency and in the event of disagreement, as may be determined by the \r\nGovernment within a prescribed period. \r\n15. Power to execute any scheme.– (1) Where the Authority is satisfied that any \r\ndirection given by it under sub-section (1) of section 14, with regard to any scheme, \r\nhas not been carried out by the Government Agency, the Authority may, itself \r\nundertake any work 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 purpose 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\n16. 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\n20\r\n[16-A. Transfer of functions, etc.– 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\ndetermine shall stand transferred to the said organization.] \r\n17. Controlled Area.– The Authority may issue in respect of a controlled area \r\nsuch directions as it considers fit and appropriate and do all such things as may be \r\nnecessary for the prevention of haphazard growth, encroachments and unauthorised \r\nconstructions in such area. \r\n18. Power to act as Local \r\n21\r\n[Government].– The Government may, by a \r\nnotification in the official Gazette, authorise the Authority to exercise and perform \r\nsuch powers and functions as a local \r\n22\r\n[Government] may exercise and perform in \r\nrelation to its local area under the \r\n23\r\n[Punjab Local Government Act 2013 (XVIII of \r\n \r\n20Added by the Punjab Development Authorities Laws (Amendment) Act, 1999 (VII of 1999); and published in the Punjab \r\nGazette (Extraordinary), dated 11.2.1999, pages 315-316, s.2. \r\n21Substituted for the word “council” by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002) ; and \r\npublished in the Punjab Gazette (Extraordinary), dated 8.8.2002, pages 2589-2593, s.5, which will remain in force under the \r\nProvisional 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\n22Ibid. \r\n23Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.5. \r\n2013)], in an area in which schemes are undertaken by the Authority or which is \r\ndeclared as controlled area. \r\n19. Power 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, re-settle 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\n20. Beautification.– The Authority shall also undertake beautification of the area \r\nor part thereof, in any manner it deems fit, or prepare schemes and prescribe \r\nenvironmental standards to be adopted by the Government Agencies or persons or \r\ndirect any Government Agency or person to undertake any improvements or \r\nactivities for beautification of the area or part thereof. \r\n21. 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\n22. Power to levy betterment fee.– Where any new scheme has been executed \r\nby the Authority by providing services or amentities in any locality, the Authority may, \r\nwith the previous consent of Government, levy upon the owner of the property or any \r\nperson having an interest therein, a betterment fee on account of the execution of \r\nthe scheme. \r\n23. Assessment of betterment fee.– (1) When it appears to the Authority that \r\nany particular development scheme is sufficiently advanced to enable the amount of \r\nthe betterment fee to be determined, the Authority may, by an order made in this \r\nbehalf, declare that for the purpose of determining the betterment fee, the execution \r\nof the scheme shall be deemed to have been completed and shall, thereupon 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 22. \r\n(2) The betterment fee under Section 22 or under sub-section (1) of this \r\nSection, shall be assessed and be payable in the manner prescribed. \r\nCHAPTER VI \r\nACQUISITION \r\n24\r\n[24. Acquisition.– The Authority may, in accordance with law, acquire any land or \r\nproperty within the controlled area.] \r\n25. \r\n25\r\n[* * * * * * * * * * * * ] \r\nCHAPTER VII \r\nFINANCE, ACCOUNTS AND AUDIT \r\n26. Authority Fund.– (1) There shall be formed a fund to be known as the \r\n“Authority Fund’ which shall vest in the Authority and shall be utilized by the Authority \r\nin connection with its functions under this Act including the payment of salaries and \r\nremunerations to the members, officers, servants, experts and consultants of the \r\nAuthority. \r\n(2) To the credit of the Authority Fund, shall be credited:– \r\na) all moneys received from Government; \r\nb) all moneys received from Federal Government or any international \r\nagency or any other body by way of grants, loans, advances or \r\notherwise; \r\nc) all fees, rates and charges received by the Authority under this Act; \r\nd) all moneys received by the Authority from the disposal of lands, \r\nbuildings and other properties movable and immovable; \r\ne) proceeds from the self financing schemes of urban development and \r\nenvironmental sanitation; and \r\nf) all other sums receivable by the Authority. \r\n(3) Authority Fund will have two separate heads namely “Urban \r\nDevelopment” and “Water Supply and Sanitation”. \r\n(4) 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 Government. \r\nExplanation.– For the purpose of this sub-section Government, includes Federal \r\nGovernment. \r\n26\r\n[(5) In case of deficit revenue of the Authority, the \r\n27\r\n[*****] Government shall \r\nprovide, from its own revenue or from any other source, such sum as may be \r\nnecessary for the efficient performance of the functions of the Authority.] \r\n \r\n24Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.6. \r\n25Omitted ibid., s.7. \r\n26Inserted by the Punjab Development of Cities (Amendment) Act 2006 (XVI of 2006) ); and published in the Punjab Gazette \r\n(Extraordinary), dated 2.11.2006, pages 1557-1559, s.5. \r\n27Omitted the words “City District” by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014); and published in \r\nthe Punjab Gazette (Extraordinary), dated 19..3.2014, pages 2817-2821, s.8 \r\n27. Rates & Fees.– (1) With the previous consent of the \r\n28\r\n[\r\n29\r\n[\r\n30\r\n[*****]]] Government, \r\nadequate funds may be raised by the Authority from time to time, to meet the cost of \r\nits schemes by imposing rates, fees and other charges. \r\n(2) The rates, fees and other charges 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 any, and interest to \r\nprovide adequate maintenance; \r\n(ii) to cover repayment of loans; and \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\n28. Fees on tubewells.– (1) The Authority shall have the exclusive right to use \r\nground water resources within the area. \r\n(2) No person shall, without the permission of the Authority install a \r\ntubewell, for commercial purposes, at such places within the area, as may be notified \r\nin the official Gazette by the Authority. \r\n(3) The Authority may levy rates on the persons or bodies who have \r\ninstalled or may install tubewells for commercial purposes, within its jurisdiction. \r\n29. Accounts.– The Authority 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\n31\r\n[30. Budget.– (1) The Authority shall prepare, in such manner and at such time as \r\nmay be prescribed, a budget in respect of the next ensuing financial year showing \r\nthe estimated receipts and expenditure of the Authority and each of its Agencies and \r\nshall submit the budget to the Government for approval. \r\n(2) If the Government fails to approve the budget, with or without \r\nmodifications, within thirty days of its receipt, the budget prepared by the Authority \r\nshall be deemed to be the approved budget of the Authority.] \r\n31. Audit.– The accounts of the Authority and each of its agencies shall be \r\naudited annually by such duly qualified Auditors or Government Audit Agencies or \r\nboth as may be appointed by the Authority and each agency respectively, with the \r\n \r\n28Inserted the words “Tehsil Municipal Administration, in whose jurisdiction the scheme is located and the Provincial” by the \r\nPunjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002); and published in the Punjab Gazette \r\n(Extraordinary), dated 8.8.2002, pages 2589-2593, s.6 \r\n29The words “Tehsil Municipal Administration, in whose jurisdiction the scheme is located” was substituted for the words “City \r\nDistrict Government” by the Punjab Development of Cities (Amendment) Act 2006 (XVI of 2006); and published in the Punjab \r\nGazette (Extraordinary), dated 2.11.2006, pages 1557-1559, s.6 \r\n30Omitted the words “City District Government and the Provincial” by the Punjab Development of Cities (Amendment) Act 2014 \r\n(V of 2014); and published in the Punjab Gazette (Extraordinary), dated 19.3.2014, pages 2817-2821, s.9. \r\n31Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014); and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.10. Earlier substituted by the Punjab Development of Cities \r\n(Amendment) Act 2006 (XVI of 2006)); and published in the Punjab Gazette (Extraordinary), dated 2.11.2006, pages 1557-\r\n1559, s.7 and by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002); and published in the Punjab \r\nGazette (Extraordinary), dated 8.8.2002, pages 2589-2593, s.7. \r\napproval of Government. The Authority shall also make necessary arrangements for \r\npre-audit or concurrent audit of account. \r\nCHAPTER VIII \r\nPENALTY AND PROCEDURE \r\n32\r\n[32. 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 liable to punishment with an imprisonment for a term which may \r\nextend to one year or with fine which may extend to two hundred thousand rupees or \r\nwith 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 sections \r\n260 to 265 of the Code of Criminal Procedure, 1898 (V of 1898).] \r\n33. Causing damage to property and disobedience of orders.– (1) Whoever \r\nwilfully causes damage, or allows damage to be caused to any property which vests \r\nin the Authority or unlawfully converts it to his own or any other person’s use, shall \r\nbe punishable with imprisonment for a term which may extend to six months, or with \r\nfine or with both. \r\n(2) Whoever refuses or wilfully neglects to provide any officer or servant of \r\nthe Authority with the means necessary for entering into any premises for the \r\npurpose of collecting any information or making an examination or enquiry in relation \r\nto any water works, shall be punishable with imprisonment extending to one year or \r\nfine or with both. \r\n(3) Whoever without lawful excuse, fails or refuses to comply with any \r\ndirection or order issued by the Authority under this Act, shall be guilty of an offence \r\npunishable under Section 32. \r\n(4) Whoever attempts to commit or abets the commission of an offence \r\npunishable under this Act, shall be deemed to have committed that offence. \r\n(5) Any Magistrate empowered for the time being to try in a summary way \r\nthe offence specified in sub-section (1) of Section 260 of the Code of Criminal \r\nProcedure, 1898, may if such Magistrate thinks fit, on application being made in this \r\nbehalf by the prosecution, try an offence punishable under this Act, in accordance \r\nwith the provisions contained in Sections 262 to 265 of the said Code. \r\n33\r\n[34. Offences and cognizance.– (1) If a person commits an offence specified in– \r\n(a) Part-A of the Schedule appended to this Act, such person shall be \r\nliable to punishment with imprisonment for a term which may extend to \r\nseven years or with fine which may extend to five hundred thousand \r\nrupees or with both and where an accused was directed by the \r\nAuthority for immediate discontinuance of the offence, the Court may \r\nimpose a further fine which may extend to fifty thousand rupees for \r\n \r\n32Substituted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014); and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.11. \r\n33Substituted ibid., s.12. \r\nevery day during the period the accused has persisted in the offence \r\nfrom the date of its commission; and \r\n(b) Part-B of the Schedule appended to this Act, he shall be liable to \r\npunishment with imprisonment for a term which may extend to three \r\nyears or with fine which may extend to one hundred thousand rupees \r\nor with both and where an accused was directed by the Authority for \r\nimmediate discontinuance of the offence, the Court may impose a \r\nfurther fine which may extend to ten thousand rupees for every day \r\nduring the period the accused has persisted in the offence from the \r\ndate of its commission. \r\n(2) An offence punishable under subsection (1) shall be cognizable on a \r\ncomplaint in writing of an officer authorized by the Authority to the officer incharge of \r\nthe police station.] \r\nCHAPTER IX \r\nMISCELLANEOUS \r\n35. Annual report.– (1) The Authority shall prepare for every year a report of its \r\nactivities during that year and submit the report to the \r\n34\r\n[\r\n35\r\n[\r\n36\r\n[*****]]] Government in \r\nsuch form and on or before such date, as may be prescribed. \r\n(2) The report referred to in sub-section (1) shall be laid before the \r\nProvincial Assembly of the Punjab within six months of its receipt by the \r\nGovernment. \r\n36. 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\n37\r\n[37. Conversion of property to a different use.– If a person converts a property \r\nto use or purpose other than the one provided under a scheme, master plan or \r\nclassification map within the controlled area without the previous approval in writing \r\nof the Authority, he shall be liable to punishment with imprisonment for a term which \r\nmay extend to one year or with fine which may extend to ten thousand rupees per \r\nday from the date of its conversion till the default continues or with both.] \r\n38. Summary ejectment of unauthorised occupants.– The Authority or any \r\nperson authorised by it in this behalf may summarily eject any person in \r\nunauthorised occupation of any land or property vested in the Authority and may for \r\nsuch ejectment use such force as may be necessary. \r\n \r\n34Inserted the words “Tehsil Municipal Administration, in which the maximum area under the jurisdiction of the Authority falls, \r\nand the Provincial” by the Punjab Development of Cities (Amendment) Ordinance, 2002 (XLII of 2002); and published in the \r\nPunjab Gazette (Extraordinary), dated 8.8.2002, pages 2589-2593, s.8 \r\n35The words “Tehsil Municipal Administration, in which the maximum area under the jurisdiction of the Authority falls,” was \r\nsubstituted for the words “City District Government” by the Punjab Development of Cities (Amendment) Act 2006 (XVI of 2006); \r\nand published in the Punjab Gazette (Extraordinary), dated 2.11.2006, pages 1557-1559, s.6 \r\n36Omitted the words “City District Government and the Provincial” by the Punjab Development of Cities (Amendment) Act 2014 \r\n(V of 2014); and published in the Punjab Gazette (Extraordinary), dated 19.3.2014, pages 2817-2821, s.13. \r\n37Substituted ibid., s.14. \r\n38\r\n[Provided that no action under this section shall be taken without providing \r\nan opportunity of being heard to the person to be affected thereby.] \r\n39. 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 any rules, regulations or orders made \r\nthereunder, the Authority or any person authorised by it in this behalf, may, by order \r\nin writing, require the owner, occupier, user or person in control of such building, \r\nstructure, work or land to remove, demolish or alter the building, structure or work or \r\nto use it in such manner so as to bring such erection, construction or use in \r\naccordance 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\nAuthority or any person authorised by it in this behalf may, after giving the person \r\naffected by the order an opportunity of being heard, remove, demolish or alter the \r\nbuilding, structure or work, or stop the use of the land and in so doing, may use such \r\nforce as may be necessary and may also recover the cost thereof from the person \r\nresponsible for the erection, construction or use of the building, structure, work or \r\nland in contravention of the provisions as aforesaid. \r\n40. Members, Officers & employees to be public servants.– The Chairman, \r\n39\r\n[Vice Chairmen] members, Director-General, Officers, servants, Experts and \r\nConsultants of the Authority when acting or purporting to act in pursuance of any of \r\nthe provisions of this Act, be deemed to be public servants within the meaning of \r\nsection 21 of the Pakistan Penal Code. \r\n41. Immunity of the Authority and its employees.– No suit, prosecution or any \r\nother legal proceedings shall lie against the Authority, the Chairman, \r\n40\r\n[Vice \r\nChairmen] Director-General, any Member, Officer, Servant, Expert or Consultant of \r\nthe Authority in respect of anything done or intended to be done in good faith under \r\nthis Act. \r\n42. 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\n43. Power to make rules.– Subject to the provisions of this Act, Government \r\nmay make rules for carrying into effect the purposes of this Act. \r\n44. Power to make regulations.– Subject to the provisions of this Act and the \r\nrules framed thereunder, the Authority may make regulations as may be necessary \r\nto carry out the purposes of this Act. \r\n45. This Act to prevail over other laws.– Subject to the Constitution, in the \r\nevent of any conflict or inconsistency between the provisions of this Act and the \r\n \r\n38Added by the Punjab Development of Cities (Amendment) Ordinance, 1984 (XXVII of 1984); and published in the Punjab \r\nGazette (Extraordinary), dated 17.12.1984, pages 2023-2024, s.2. \r\n39Inserted by the Punjab Development of Cities (Amendment) Act 1998 (IV of 1998) ; and published in the Punjab Gazette \r\n(Extraordinary), dated 8.5.1998, pages 775-776, s.4. \r\n40Ibid., s.5 \r\nprovisions of any other law for the time being in force, the provisions of this Act shall, \r\nto the extent of such conflict or inconsistency, prevail. \r\n46. Authority to replace the Improvement Trust.– On the establishment of the \r\nAuthority under this Act– \r\n(i) all functions and powers with respect to the formulation, sanction and \r\nexecution of schemes, and all functions heretofore performed by the \r\nImprovement Trust, shall be exercised and performed by the Authority. \r\n(ii) all properties, assets and liabilities pertaining to the Improvement Trust \r\nshall vest in and be the assets and liabilities, as the case may be, of \r\nthe Authority. \r\nCHAPTER X \r\nREPEAL \r\n47. Repeal & savings.– (1) On the establishment of the Authority under this Act, \r\nthe Town Improvement Act, 1922, shall cease to apply to the area and all schemes, \r\nprojects, or works started under the said Act but not completed shall be taken over \r\nby the Authority and executed under the provisions of this Act. \r\n(2) Notwithstanding the fact of the Town Improvement Act, 1922, ceasing \r\nto apply to the Areas:– \r\n(i) all rules, regulations and orders made, notifications issued, land \r\nacquired, schemes prepared or executed, rates and fees imposed, \r\npenalties, or other charges levied, contracts entered into, suits \r\ninstituted by or against the Improvement Trust or any other right \r\naccrued, or liability incurred or action taken, or proceedings initiated, \r\nshall so far as they are consistent with the provisions of this Act, \r\ncontinue in force and be deemed to have been made, imposed, levied, \r\nentered into, instituted, prepared, executed, accrued or incurred, taken \r\nand initiated under this Act; \r\n(ii) the provisions of Sections 45,56,57,58,59,60,61,62,63,64 and 65 of the \r\nTown Improvement Act, 1922, shall continue to apply in so far as the \r\nacquisitions made under the Land Acquisition Act, 1894, are \r\nconcerned. \r\n48. Repeal of Punjab Ordinance No. XI of 1976.– The Punjab Development of \r\nCities Ordinance, 1976 (Punjab Ordinance No. XI of 1976), is hereby repealed. \r\n41\r\n[SCHEDULE \r\n(see section 34) \r\nPart-A \r\n1. Discharging any dangerous chemical, inflammable, hazardous or offensive \r\narticle in any drain, or sewer, public water course or public land vested in, \r\nmanaged, maintained or controlled by the Authority or an Agency in such \r\nmanner as causes or is likely to cause danger to persons passing by or living \r\nor working in neighbourhood, or risk or injury to property or causing harm to \r\nthe 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 mixing up \r\nwith the water supply or sewerage system. \r\nPart-B \r\n1. Willfully obstructing any officer or servant of Authority or any person \r\nauthorized to exercise power conferred under this Act. \r\n2. Failure to deliver back possession of a property to the Authority on expiration \r\nor cancellation of lease or allotment or exemption of a plot. \r\n3. Doing an act without license, approval or permission when the doing of such \r\nact requires a license or permission under any of the provisions of the Act, the \r\nrules or regulations. \r\n4. Violation of the master plan, building plan or sanctioned site development \r\nscheme including the plans and schemes sanctioned under the repealed \r\nenactments, allotting, selling or using the land for the purpose other than the \r\napproved layout plan. \r\n5. Erection or re-erection of building over set back area or parking area or \r\nbuilding line area required to be left open under the rules or bylaws for using \r\nsuch space for any purpose which is not approved. \r\n6. Changing or converting into any other use any portion of a commercial or \r\nresidential building or area specified or earmarked for public parking or \r\namenities. \r\n7. Establishing any parking stand on any property or on any open space and \r\npublic park or land vested in or managed, maintained or controlled by the \r\nAuthority or any Agency. \r\n8. Establishing temporary shops or running any restaurant or vending stalls for \r\neatables, wooden khokas or any sort of commercial activity on any road, \r\nstreet, footpath, public place, over a drain, or any other property vesting in the \r\nAuthority. \r\n9. 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\n \r\n41Inserted by the Punjab Development of Cities (Amendment) Act 2014 (V of 2014) ); and published in the Punjab Gazette \r\n(Extraordinary), dated 19.3.2014, pages 2817-2821, s.15. \r\nappliance for the supply of water or sewerage system or laying out a drain or \r\naltering any drain in a street or road. \r\n10. Connecting any house drain with a drain in a public street without approval of \r\nthe Authority. \r\n11. Drawing off, diverting or taking any water except with the permission required \r\nunder this Act, rules or regulations. \r\n12. Willfully causing damage, or allowing damage to be caused to any property \r\nwhich vests in the Authority, or which is intended to be acquired by the \r\nAuthority, or unlawfully converting it to his own or any other person’s use. \r\n13. Refusal or willfully neglecting to provide any officer or servant of the Authority \r\nwith the means necessary for entering into any premises for purposes of \r\ncollecting any information or making an examination or enquiry in relation to \r\nany water works. \r\n14. Failure or neglect of the sponsor to abide by or fulfill the commitment made to \r\na person regarding allotment of a plot, housing unit or price of the same in any \r\nscheme. \r\n15. Without lawful excuse, filing or refusing to comply with any direction or order \r\nissued by the Authority under this Act. \r\n16. Unauthorized occupation without permission of the owner of land or plot in a \r\nhousing scheme developed and controlled by the Authority. \r\n17. 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