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  "title": "DEFENCE HOUSING AUTHORITY LAHORE ORDINANCE 1999",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VmNWZFFlVWY-",
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  "text": "THE DEFENCE HOUSING AUTHORITY LAHORE, \r\nORDINANCE, 1999 \r\n(LI of 1999) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Establishment of the Authority \r\n3. Management \r\n4. Administrator \r\n5. Delegation of Powers \r\n6. Committees \r\n7. Functions of the Authority \r\n8. Authority Fund. \r\n9. Budget, Audit and Accounts \r\n10. Recovery of sums due to the Authority \r\n11. Acquisition of land \r\n12. Appointment of officers, staff etc. \r\n13. Employees to be public servants \r\n14. Conversion of property to a different use \r\n15. Removal of building, etc., ere cted or used in contravention of this \r\nOrdinance \r\n16. Rules \r\n17. Regulations \r\n18. Dissolution of the Society, etc. \r\n19. Removal of Difficulties \r\nTEXT \r\n1\r\nTHE DEFENCE HOUSING AUTHORITY LAHORE, ORDINANCE, 1999 \r\n(LI of 1999) \r\n[29th September, 1999] \r\nAn \r\nOrdinance \r\nto establish the Defence Housing Authority Lahore\r\n2\r\n \r\nPreamble.– Whereas it is expedient to establish the Defence Housing Authority \r\nLahore; \r\n And whereas the Provincial Assembly of the Punjab is not in session and the \r\nGovernor of the Punjab is satisfied that immediate action is necessary; \r\n Now, therefore, in exercise of the powers conferred upon him under Article \r\n128 of the Constitution the Governor of the Punjab is pleased to make and \r\npromulgate the following Ordinance:– \r\n1. Short title and commencement .– (1) This Ord inance may be called the \r\nDefence Housing Authority Lahore, Ordinance, 1999. \r\n (2) It shall come into force at once and shall be deemed to have taken \r\neffect on the day the Defence Housing Authority Lahore , Ordinance, 1999 (XXXI of \r\n1999) stands repealed \r\n3\r\n under Article 128(2) of the Constitution. \r\n2. Establishment of the Authority.– (1) There shall be established an Authority \r\nto be known as the Defence Housing Authority Lahore. \r\n (2) The Authority shall be a body corporate, having perpetual succession \r\nand a comm on seal, with power to acquire and hold property and to enter into \r\ncontracts, and may by the said name sue and be sued. \r\n3. Management.– (1) The general direction and administration of the affairs of \r\nthe Authority shall vest in the Governing Body which shal l consist of the Corps \r\nCommander Lahore; the President Executive Board; the Administrator; the \r\nSecretaries to the Government of the Punjab in the Law, Finance and Housing \r\nDepartments or their nominees not below the rank of Additional Secretary, and the \r\nSecretary of the Authority as members. \r\n (2) The Corps Commander Lahore, and the President Executive Board \r\nshall be, the Chairman and the Vice Chairman of the Governing Body respectively. \r\n                                                           \r\n1It was Promulgated by the Governor on 26 September 1999; published in the Punjab Gazette, (Extraordinary), dated 29 September \r\n1999, pp. 1369-72. Under Article 4 of the Provisional Constitution (Amendment) Order 19 99 (9 of 1999), it will remain in force \r\nnotwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of  \r\nPakistan. \r\n2The word, comma and figure “Ordinance, 1999” are extra printed in the Gazette. \r\n3It stood repealed on 2 October 1999. \r\n (3) There shall be an Executive Board consisting of the GOC 11 Division ; \r\nthe Administrator of the Authority; one Coopted Member to be appointed by the \r\nGoverning Body; and the Secretary of the Authority as members. \r\n (4) The GOC 11 Division shall be the President of the Board. \r\n (5) The Executive Board shall subject to the contr ol of the Governing Body \r\nexercise all powers and do all acts and things which may be exercised or done by \r\nthe Authority. \r\n (6) No act or proceedings of the Governing Body or the Executive Board \r\nshall be invalid merely by reason of any vacancy in or defect i n the constitution \r\nthereof. \r\n4. Administrator.– (1) There shall be an Administrator of the Authority who shall \r\nbe appointed in such manner and shall perform such functions as may be \r\nprescribed. \r\n (2) Subject to the provisions of sub -section (1), the Vice Cha irman of the \r\nSociety holding office as such immediately before the establishment of the Authority \r\nunder this Ordinance shall be the first Administrator of the Authority. \r\n5. Delegation of Powers .– The Governing Body, the Executive Board and the \r\nAdministrator may delegate to any person all or any of their functions including their \r\ndelegated functions under this Ordinance. \r\n6. Committees.– The Authority may constitute such Committees as may be \r\nnecessary for the efficient performance of its functions and assign to such \r\nCommittees such functions as it may deem necessary. \r\n7. Functions of the Authority .– The Authority may do all such acts and things \r\nas may be necessary for the planning and development of and for providing and \r\nregulating housing facilities in the area notified by the Government. \r\n8. Authority Fund .– (1) There shall be a fund to be known as the “Defence \r\nHousing Authority Lahore Fund” which shall vest in the Authority and to which shall \r\nbe credited all moneys received by the Authority. \r\n (2) The fund shal l be kept in such custody and shall be utilized and \r\nregulated in such manner as may be prescribed. \r\n9. Budget, Audit and Accounts .– The budget of the Authority shall be \r\napproved and its accounts shall be maintained and audited in such manner as may \r\nbe prescribed. \r\n10. Recovery of sums due to the Authority .– Any sum payable to the Authority \r\nshall be recoverable as arrears of land revenue. \r\n11. Acquisition of land .– The acquisition of any land or any interest in land for \r\nthe purposes of the Authority shall be de emed to be an acquisition for a “public \r\npurpose” within the meaning of the Land Acquisition Act, 1894 (I of 1894) \r\n4\r\n[.] \r\n                                                           \r\n4Misprinted in the Gazette. \r\n12. Appointment of officers, staff etc.– The Authority may appoint such persons \r\nin its service as may be necessary for the efficient perf ormance of its functions in \r\nsuch manner and on such terms and conditions as may be prescribed. \r\n13. Employees to be public servants .– All persons acting or purporting to act in \r\npursuance of any provisions of this Ordinance shall be deemed to be public serva nts \r\nwithin the meaning of section 21 of the Pakistan penal Code 1860. \r\n14. 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 prepared by the \r\nAuthority by a person withou t the previous approval of the Authority in writing, shall \r\nbe punishable with fine which may extend to two thousand rupees per day from the \r\ndate of its conversion till the default continues or with imprisonment for a term which \r\nmay extend to six months or with both. \r\n15. 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 used \r\nin contravention of the provisions of this Ordinance or any rules, regulations or orders \r\nmade thereunder, the Authority or any person  authorised by it in this behalf, may, by \r\norder in 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 to \r\nuse it in such manner as may bring such erection, construction or use in accordance \r\nwith 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 wi thin 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\nconcerned 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 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\n16. Rules.– The  Authority may with the approval of the Government may make \r\nrules for carrying out the purposes of this Ordinance. \r\n17. Regulations.– The Authority may make regulations not inconsistent with this \r\nOrdinance and the rules, for carrying out the purposes of this Ordinance. \r\n18. Dissolution of the Society, etc.– Upon the establishment of the Authority the \r\nLahore Cantt Cooperative Housing Society Limited Lahore registered under the \r\nCooperative Societies Act 1925 (VII of 1925) and all bodies constitu ted thereunder \r\nshall stand dissolved and upon such dissolution– \r\n(a) all persons in the service of the said Society shall stand transferred for \r\nservice under the Authority on the same terms and conditions as were \r\napplicable to them immediately before their transfer to the Authority; \r\n(b) all assets and liabilities of the said Society shall become the assets and \r\nliabilities of the Authority; and \r\n(c) all by-laws of the said Society in force immediately before the dissolution \r\nof the said Society shall continue in force until altered or repealed by rules \r\nor regulations made under this Ordinance. \r\n19. Removal of Difficulties.– If any difficulty arises in giving effect to any provision \r\nof this Ordinance, the Government may give such directions as it may consider \r\nnecessary for the removal of such difficulty.",
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