{ "schema_version": "qanun-law-text/1", "id": "punjab-code-f0f9cfce07732187", "title": "PUNJAB SHEHR-E-KHAMOSHAN AUTHORITY ACT 2017", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UWQHMFFmVGM-", "version": null, "source_snapshot": "2026-08-06T17:00:39Z", "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": "e2e17098cec1d9652c2ab3d330b62c5af621b09bc571d7c569cac49885722b12", "source_sha256": "e2e17098cec1d9652c2ab3d330b62c5af621b09bc571d7c569cac49885722b12", "text_version_id": "law:punjab-code-f0f9cfce07732187:sha256:e2e17098cec1d9652c2ab3d330b62c5af621b09bc571d7c569cac49885722b12", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB SHEHR-E-KHAMOSHAN AUTHORITY ACT \r\n2017 \r\n(IX of 2017) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Punjab Shehr-e-Khamoshan Authority \r\n4. Composition of the Authority \r\n5. Disqualifications of members \r\n6. Functions and powers of the Authority \r\n7. Committees \r\n8. Director General \r\n9. Employees \r\n10. Advisory Board \r\n11. Inspectors \r\n12. Powers of Inspectors \r\n13. Police assistance \r\n14. Feasibility reports \r\n15. Consultation with the local government \r\n16. Cemeteries to be a Trust \r\n17. Prohibition \r\n18. Offences and penalties \r\n19. Cognizance \r\n20. Acquisition of land \r\n21. Punjab Shehr-e-Khamoshan Authority Fund \r\n22. Budget and accounts \r\n23. Audit \r\n24. Annual report \r\n25. Delegation of powers \r\n26. Immunity \r\n27. Other laws \r\n28. Power to make rules \r\n29. Power to frame regulations \r\n30. Repeal \r\nTEXT \r\n1\r\nTHE PUNJAB SHEHR-E-KHAMOSHAN AUTHORITY ACT 2017 \r\n(IX of 2017) \r\n[31st May 2017] \r\nAn \r\nAct \r\nfor establishing the Punjab Shehr-e-Khamoshan Authority. \r\nIt is necessary, in public interest, to found Punjab Shehr -e-Khamoshan \r\nAuthority to establish, manage and regulate model cemeteries or graveyards and \r\ncrematoriums and to provide to the public cemetery services, funeral services, \r\ncrematory services, transfer services and other related services in the Punjab, and to \r\ndeal with ancillary matters. \r\nBe it enacted by the Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Shehr-e-Khamoshan Authority Act 2017. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Authority” means Punjab Shehr -e-Khamoshan Authority established \r\nunder the Act; \r\n(b) “building” means a building as defined in the Punjab Local Government \r\nAct 2013 (XVIII of 2013); \r\n(c) “cemetery” means a model cemetery or graveyard or crematorium \r\nwhich the Authority establishes, maintains and regulates under the Act; \r\n(d) “cemetery services” means the services provided by the Authority for \r\nthe internment or burial or cremation of dead hu man bodies and \r\ndisposal of cremated human remains; \r\n(e) “crematorium” means a building that is fitted with appliances for \r\npurposes of cremating human remains; \r\n(f) “crematory services” means the services provided for the cremation of \r\ndead human bodies and disposal of cremated human remains; \r\n(g) “Director General” means the Director General of the Authority; \r\n(h) “fee” means an amount charged by the Authority for providing the \r\nServices under the Act; \r\n(i) “funeral services” means the care and preparation of dead human \r\nbodies, the coordination of rites and ceremonies with respect to dead \r\n \r\n1This Act was passed by the Provincial Assembly of the Punjab on 24 May 2017; assented to by the Governor of the Punjab on \r\n29 May 2017; and, was published in the Punjab Gazette (Extraordinary), dated: 31 May 2017, pp. 7659-7665 \r\nHuman bodies but does not include cemetery services and \r\nCrematorium services; \r\n(j) “Government” means Government of the Punjab; \r\n(k) “Inspector” means an inspector appointed under the Act; \r\n(l) “land” means the land as defined in the Land Acquisition Act, 1894 (I of \r\n1894); \r\n(m) “local government” means a local government as defined in the Punjab \r\nLocal Government Act 2013 (XVIII of 2013) or in any other law for the \r\ntime being in force; \r\n(n) “prescribed” means prescribed by rules or regulations; \r\n(o) “regulations” means the regulations framed under the Act; \r\n(p) “rules” means the rules made under the Act; \r\n(q) “Services” means the cemetery services, funeral services, crematorium \r\nservices, transfer services and other related or incidental services and \r\ninclude such other services as may be prescribed; and \r\n(r) “transfer services” means the service to the public with respect to the \r\ndisposition of dead human bodies, including transportation of dead \r\nhuman bodies and necessary documentation with respect to the \r\ndisposition of dead human bodies. \r\n3. Punjab Shehr-e-Khamoshan Authority. – (1) The Government may, by \r\nnotification in the official Gazette, establish an Authority to be known as Punjab \r\nShehr-e-Khamoshan Authority for carrying out the purposes of the Act. \r\n(2) The Authority shall be a body corporate, having perpetual succession \r\nand a common seal, with power to enter into contracts, and acquire or, subject to \r\nsubsection (3), dispose of property, and may by the said name sue or be sued. \r\n(3) The Authority shall not dispose of its immovable property without prior \r\napproval, in writing, of the Government. \r\n4. Composition of the Authority .– (1) The Authority shall consist of the \r\nChairperson who shall be nomi nated by the Chief Minister, and the following \r\nmembers: \r\n(a) not less than two members of Provincial Assembly of the Punjab, \r\nincluding at least one woman member, to be nominated by the \r\nGovernment; \r\n(b) Secretary to the Government, Local Government and Community \r\n(c) Development Department, or a representative not below the rank of an \r\nAdditional Secretary nominated by the Secretary; \r\n(d) Director General (member/secretary); \r\n(e) Director (Architecture and Engineering); \r\n(f) Director (Administration and Finance); \r\n(g) not less than three philanthropists, including one woman, to be \r\nnominated by the Government; and \r\n(h) not more than two technocrats to be nominated by the Government. \r\n(2) Subject to subsection (3), the tenure of the Chairperson and members, \r\nother than ex officio members, shall be three years but the Government may appoint \r\nanyone of them for another term of three years. \r\n(3) The Government may remove the Chairperson or a member, other \r\nthan ex-officio member, at any time and appoint another person as the Cha irperson \r\nor, as the case may be, the member for the remaining term of the outg oing \r\nChairperson or the member. \r\n(4) No act or proceedings of the Authority shall be invalid merely by \r\nreason of any vacancy or defect in the constitution of the Authority. \r\n(5) The Authority shall meet at least once in a period of ninety days. \r\n(6) A meeting of the Authority shall be held on such date and time as the \r\nChairperson may determine. \r\n(7) The agenda of a meeting shall be approved by the Chairperson. \r\n(8) The Chairperson, and in his absence, the member of the Authority \r\nnominated by the Chairperson shall preside over the meeting. \r\n(9) The Government may, by notification, increase the membership of the \r\nAuthority in public interest. \r\n5. Disqualifications of members .– No person shal l be appointed or continue \r\nas a member who: \r\n(a) is or, at any time, has been convicted of an offence involving moral \r\nturpitude; \r\n(b) is or, at any time, has been adjudicated as an insolvent; \r\n(c) is found to be of unsound mind; or \r\n(d) has a financial interes t or an interest, directly or indirectly, in conflict \r\nwith the interest of the Authority and has failed to disclose such interest \r\nin writing to the Government. \r\n6. Functions and powers of the Authority .– (1) The Authority may perform \r\nsuch functions and exer cise such powers as are necessary for carrying out the \r\npurposes of the Act. \r\n(2) Without prejudice to the generality of functions and powers mentioned \r\nin subsection (1), the Authority may: \r\n(a) construct, maintain and monitor cemeteries; \r\n(b) initiate compreh ensive plans or update and revise such plans for the \r\nestablishment, administration and management of the cemeteries; \r\n(c) establish, maintain and periodically revise planning and building \r\ncontrols in respect of the cemeteries; \r\n(d) acquire both movable and immovable property for purposes of the Act; \r\n(e) undertake any works and incur any expenditure in the prescribed \r\nmanner; \r\n(f) enter into contracts; \r\n(g) seek advice and assistance from any Government agency or officer for \r\nthe preparation of a scheme relating t o cemeteries or the execution of \r\na scheme; \r\n(h) prevent and remove encroachments in a cemetery; \r\n(i) formulate architectural plans, prepare financial statements and \r\nfeasibility reports, provide administrative approval, issue technical \r\nsanction, and initiate tendering and procurement processes for the \r\nconstruction of cemeteries in accordance with law; \r\n(j) consult the stake-holders, where necessary; \r\n(k) carry out all the administrative functions; \r\n(l) approve the budget of the Authority and re -appropriate funds in the \r\nprescribed manner; \r\n(m) monitor and evaluate the construction of cemeteries; \r\n(n) submit its financial proposals to the Government for purposes of \r\nrequesting for any grants; \r\n(o) provide the requisite funds to a committee for carrying out the \r\nprescribed functions; \r\n(p) allocate separate areas in a cemetery or create a separate cemetery \r\nfor purposes of internment or burial or cremation of dead human bodies \r\nof non-Muslim communities; and \r\n(q) perform such other functions as may be incidental to the function s \r\nmentioned above or as the Government may assign or as may be \r\nprescribed by rules. \r\n7. Committees.– (1) The Authority may constitute committees at district level for \r\ncarrying out the purposes of the Act. \r\n(2) The committee shall exercise such powers and per form such functions \r\nas may be prescribed or assigned by the Authority. \r\n8. Director General.– (1) The Government shall appoint the Director General, \r\npossessing such qualifications and experience as may be prescribed and until so \r\nprescribed, as the Government may determine. \r\n(2) The Government shall determine the terms and conditions of service of \r\nthe Director General. \r\n(3) The Director General shall be the Chief Executive Officer of the \r\nAuthority and, subject to the general supervision, control and direction o f the \r\nAuthority, shall exercise such administrative and financial powers of the Authority as \r\nthe Authority may delegate to him or as may be prescribed. \r\n(4) The Director General may resign from his office by serving thirty days’ \r\nprior notice or on payment of thirty days’ pay in lieu of the notice. \r\n(5) The Government may remove the Director General by serving thirty \r\ndays’ prior notice or on payment of thirty days’ pay in lieu of the notice. \r\n9. Employees.– (1) The Authority may appoint such employees as it con siders \r\nnecessary for the performance of its functions on such terms and conditions as may \r\nbe prescribed. \r\n(2) Subject to the terms and conditions of appointment, the Authority may, \r\nat any time, terminate the services of an employee by serving thirty days’ p rior notice \r\nor on payment of thirty days’ pay in lieu of the notice in the prescribed manner. \r\n10. Advisory Board.– (1) As soon as may be, the Government shall constitute an \r\nAdvisory Board, consisting of the Secretaries of the relevant departments of the \r\nGovernment and other members to aid and advise the Government and the Authority \r\nfor accomplishment of the purposes of the Act. \r\n(2) The Government shall nominate one of the members as the Convener \r\nand another, as the Vice Convener of the Advisory Board. \r\n(3) The members, other than ex-officio members, of the Advisory Board \r\nshall be persons having knowledge or experience in the area of architecture, \r\nbuildings or settlements and shall hold office for a period of three years. \r\n(4) The Government may remove a member , other than ex -officio \r\nmember, at any time and appoint another person as member for the remaining term \r\nof the outgoing member. \r\n11. Inspectors.– (1) The Authority may appoint the Director Enforcement and as \r\nmany Inspectors as may be necessary in the prescr ibed manner to carry out the \r\npurposes of the Act. \r\n(2) The Inspectors shall serve under the general supervision and control of \r\nthe Director Enforcement. \r\n(3) The Authority may, through the Director Enforcement, direct an \r\nInspector to take such steps, includi ng removal of illegal occupants or \r\nencroachments as may be necessary. \r\n12. Powers of Inspectors.– (1) An Inspector shall be responsible for keeping the \r\ncemetery under his management and control free from all sorts of encroachments or \r\nunauthorized construction or illegal occupation. \r\n(2) The Inspector shall issue a notice to the person concerned, directing \r\nhim to remove the encroachment or unauthorized construction or hand over the \r\nvacant possession of the illegally occupied land of a cemetery or take such oth er \r\ncorrective measures as are specified in the notice within fifteen days; and, in the \r\nmeanwhile, suspend any unauthorized construction work. \r\n(3) If the person fails to comply with the directions under subsection (2), \r\nthe Inspector may cause to demolish or remove any encroachment or unauthorized \r\nconstruction, seize the goods and articles pertaining to the encroachment or \r\nunauthorized construction and take over the possession of the land in a cemetery in \r\nauthorized possession and, for the purpose, use such force as may be necessary. \r\n13. Police assistance.– The police shall render such assistance as the Authority \r\nmay require in the discharge of its functions under the Act. \r\n14. Feasibility reports.– (1) The head of District Administration of a district shall \r\nidentify the needs for the cemeteries and provide feasibility reports of such identified \r\nlocations to the Authority. \r\n(2) The Authority shall assess the feasibility reports received under \r\nsubsection (1) and finalize the site after input from its Architectural and Engineering \r\nWing. \r\n15. Consultation with the local government.– (1) The Authority shall perform its \r\nfunctions under the Act in consultation with, and in support of, the concerned local \r\ngovernment. \r\n(2) A local government, in consultation with the Author ity and on the terms \r\nand conditions mutually agreed, may assign any of its functions relating to the \r\ncemeteries or graveyards to the Authority on such terms and conditions as may be \r\nmutually determined. \r\n(3) The Authority may receive proposals from a third party or initiate \r\ncemetery projects in consultation with the concerned local government. \r\n16. Cemeteries to be a Trust .– The entire land and the appurtenances \r\ncomprising a cemetery shall vest in the Authority and shall be held by it in trust for \r\nuse as a ce metery and for such other ancillary purposes as may, in the opinion of \r\nthe Government, be necessary for the proper maintenance of the cemetery and \r\nprovision of Services. \r\n17. Prohibition.– (1) No person shall bury or cremate, or cause to be buried or \r\ncremated any dead body in a cemetery without approval in writing of the Authority in \r\nthe prescribed manner. \r\n(2) No person shall, without lawful authority, disinter, dissect or otherwise \r\nharm the dead body of any person buried in a cemetery. \r\n18. Offences and pena lties.– (1) A person who violates the provisions of \r\nsubsection (1) of section 17 shall be punishable with imprisonment which may \r\nextend to six months but which shall not be less than ten days and with fine which \r\nmay extend to fifty thousand rupees but whic h shall not be less than five thousand \r\nrupees. \r\n(2) A person who violates the provisions of subsection (2) of section 17 \r\nshall, in addition to any other punishment provided under any other law for the time \r\nbeing in force, be punishable with imprisonment whi ch may extend to seven years \r\nbut which shall not be less than six months and with fine which may extend to one \r\nmillion rupees but which shall not be less than two hundred thousand rupees. \r\n(3) A person who willfully causes damage, makes any encroachment on, \r\nor erects any unauthorized construction in any part of a cemetery shall be \r\npunishable with imprisonment which may extend to six months but which shall not be \r\nless than ten days and with fine which may extend to fifty thousand rupees but which \r\nshall not be less than five thousand rupees. \r\n(4) A person who obstructs any person acting on behalf of the Authority in \r\nthe discharge of his functions under the Act, shall be punishable with imprisonment \r\nwhich may extend to two months but which shall not be less than five days and with \r\nfine which may extend to thirty thousand rupees but which shall not be less than \r\nthree thousand rupees. \r\n(5) A person who carries on any business or commercial or profit earning \r\nactivity within the declared area or precincts of a cemetery , without prior approval of \r\nthe Authority in the prescribed manner, shall immediately wind up such activity and \r\nshall also be punishable with imprisonment for a term which may extend to thirty \r\ndays or with fine which may extend to one hundred thousand rupees or with both. \r\n(6) A person who contravenes any provision of the Act or the rules shall, if \r\nno other penalty is provided for such contravention, be punished with imprisonment \r\nfor a term which may extend to twenty days or with fine which may extend to thi rty \r\nthousand rupees or with both. \r\n(7) The person making encroachment or erecting any unauthorized \r\nconstruction on, or occupying any part of the land of a cemetery without lawful \r\nauthority, shall remove such encroachment or construction and hand over the va cant \r\npossession of the land to the Inspector but if he fails to do so, the Inspector may \r\nforcibly evict him or remove the encroachment or unauthorized construction at the \r\nrisk and cost of the said person and recover the cost from that person. \r\n19. Cognizance.– (1) Except in case of an offence mentioned in subsection (2) of \r\nsection 17, no court shall take cognizance of an offence under the Act except on a \r\ncomplaint made, in writing, by the Authority or an officer authorized by the Authority \r\nfor the purpose. \r\n(2) Except in case of an offence mentioned in subsection (2) of section 17, \r\nan offence under the Act shall be tried in a summary manner in accordance with the \r\nprovisions of the Code of Criminal Procedure 1898 (V of 1898). \r\n20. Acquisition of land .– The Autho rity may acquire land under the Land \r\nAcquisition Act, 1894 (I of 1894). \r\n21. Punjab Shehr-e-Khamoshan Authority Fund.– (1) There shall be formed a \r\nfund to be known as the “Punjab Shehr -e-Khamoshan Authority Fund” which shall \r\nvest in the Authority. \r\n(2) The Fund shall consist of: \r\n(a) the grants received from the Government; \r\n(b) the grants received from any other authority or agency; \r\n(c) income from fees charged by the Authority; \r\n(d) donations made to the Authority; and \r\n(e) income from any other source. \r\n(3) The Fund shall be maintained in such manner as may be prescribed. \r\n(4) The Fund shall be utilized to meet the expenses of the Authority in \r\nconnection with the discharge of its functions under the Act. \r\n(5) The Authority shall not incur any debt. \r\n22. Budget and accounts.– (1) The Director General shall, before the \r\ncommencement of a financial year, prepare a statement of the estimated receipts \r\nand expenditure for the next financial year and submit it to the Authority for approval. \r\n(2) The Authority shall maintain proper accounts and other records relating \r\nto its financial affairs including its income and expenditure and its assets and \r\nliabilities in such form and manner as may be prescribed. \r\n(3) As soon as may be, after the end of each financial year, the Authority \r\nshall, for that financial year, prepare and approve in the manner prescribed, \r\nstatements of account of the Authority which shall include a balance -sheet and an \r\naccount of income and expenditure. \r\n23. Audit.– (1) The Auditor General of Pakistan shall annual ly audit the accounts \r\nof the Authority. \r\n(2) The Government may, in addition to the audit under subsection (1), \r\ncause the annual accounts of the Authority be audited, in the prescribed manner by \r\na Chartered Accountant or a firm of Chartered Accountants. \r\n24. Annual report.– (1) The Director General shall, by 30 September each year, \r\nsubmit annual performance report to the Authority enumerating all the activities, \r\ndevelopmental initiatives undertaken and targets achieved during the previous \r\nfinancial year for the betterment of the cemeteries and the future plans and projects. \r\n(2) The Authority shall submit the report to the Government which shall lay \r\nthe report in Provincial Assembly of the Punjab within ninety days of its receipt. \r\n25. Delegation of powers .- The Authority may delegate any of its powers to the \r\nChairperson, a member or the Director General, except the powers to approve: \r\n(a) a scheme or project; \r\n(b) the annual budget and annual accounts of the Authority; \r\n(c) any request to the Government for grants; and \r\n(d) the regulations or any amendment thereof. \r\n26. Immunity.– No suit, prosecution or any other legal proceedings shall lie \r\nagainst the Authority, the Chairperson, Vice Chairperson, members, Director \r\nGeneral and any employee of the Authority, in respec t of anything done or intended \r\nto be done in good faith under the Act \r\n27. Other laws .– The provisions of the Act shall be in addition to and not in \r\nderogation of any other law for the time being in force. \r\n28. Power to make rules .– The Government may, by no tification in the official \r\nGazette, make rules for carrying out the purposes of the Act. \r\n29. Power to frame regulations .– Subject to the Act and the rules, the Authority \r\nmay frame regulations in respect of the matters not provided for in the Act or the \r\nrules. \r\n30. Repeal.– The Punjab Shehr -e-Khamoshan Authority Ordinance, 2017 (III of \r\n2017) is hereby repealed.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-f0f9cfce07732187:sha256:e2e17098cec1d9652c2ab3d330b62c5af621b09bc571d7c569cac49885722b12:chars-0-1778:550fbab3f4a621817f63954889b24e30a9d9fe907c386c5109086824b816b11a", "character_start": 0, "character_end": 1778, "utf8_byte_start": 0, "utf8_byte_end": 1786, "passage_sha256": "550fbab3f4a621817f63954889b24e30a9d9fe907c386c5109086824b816b11a", "reader_fragment": "p-0-1778-550fbab3f4a62181" }, { "passage_id": "law:punjab-code-f0f9cfce07732187:sha256:e2e17098cec1d9652c2ab3d330b62c5af621b09bc571d7c569cac49885722b12:chars-1778-3575:9f824cac9fea27b2486ebcc14d1c5c6001e66e806d97544dbd0056389d334f96", "character_start": 1778, "character_end": 3575, "utf8_byte_start": 1786, "utf8_byte_end": 3635, "passage_sha256": 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