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PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR HOUSING SCHEMES ACT 2021

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THE PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR HOUSING SCHEMES ACT 2021 (XXXIII of 2021)

TEXT

1THE PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR HOUSING SCHEMES ACT 2021 (XXXIII of 2021)

[04 October 2021] An Act to make provisions for establishment of a Commission 2[on] irregular housing schemes. 3[Whereas it is expedient to establish a Commission to examine the matters of private housing schemes and land sub-divisions which are being developed or have been developed in an irregular manner or without the approval of the competent authority. And whereas the Government feels the need to ensure due compliance of the laws and to discourage illegal and irregular housing schemes and as far as possible to alleviate the grievances of the affectees and residents of such schemes and land sub-divisions in a judicious, transparent and sustainable manner keeping in mind the public interest.] Be it enacted by Provincial Assembly of the Punjab as follows:

Section 1. Short title, extent, commencement and exemption

‎ (1) This Act may be cited as the Punjab Commission for Regularization of Irregular Housing Schemes Act 2021.

(2) This Act extends to whole of the Punjab other than the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), and such other areas under possession and direct control of the Armed Forces of Pakistan that may be notified by the Government for this purpose.

4[(2-a) This Act shall not apply to any land:

(i) owned by the Federal Government;

(ii) owned by the Government;

(iii) owned by any local government; and

1 This Act was passed by Provincial Assembly of the Punjab on 30 September 2021; assented to by the Governor of the Punjab on 01 October 2021; and, was published in the Punjab Gazette (Extraordinary), dated: 04 October 2021, pp.1329-1333.

2 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.2.

3 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.3.

4 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.4.

(iv) vesting in the Evacuee Trust Property Board or waqf property taken under the Punjab Waqf Properties Ordinance, 1979 (IV of 1979). (2-b) Any illegal or irregular housing scheme in the aforesaid area excluded from the operation of this Act shall not be regularized under this Act but shall be dealt with by the competent authority in accordance with the applicable laws.]

(3) This Act shall come into force at once.

(4) The Government may, by notification in the official Gazette, exempt any area from any or all of the provisions of this Act.

Section 2. Definitions

‎ (1) In this Act:

(a) “applicable laws”‎ includes‎ the‎ following‎ laws‎ and‎ the‎ rules‎ and‎ regulations made thereunder:

(i) Punjab Local Government Act, 2019 (XIII of 2019);

(ii) Lahore Development Authority Act, 1975 (XXX of 1975);

(iii) Punjab Development of Cities Act, 1976 (XIX of 1976);

(iv) Cooperative Societies Act 1925 (VII of 1925); and

(v) Punjab Housing and Town Planning Agency Ordinance, 2002 (LXXVIII of 2002);

5[(aa)‎“built‎up‎area”‎means‎an‎area‎established‎in‎a‎non-planned area;]

(b) “Chairperson”‎means‎the‎Chairperson‎of‎the‎Commission;

(c) “Commission”‎means‎the‎Commission‎constituted‎under‎this‎Act;

(d) “competent‎authority”‎means‎the‎relevant‎authority‎empowered‎to‎ approve a private housing scheme 6[or land sub-division] under the applicable laws;

(e) “Government”‎means‎Government of the Punjab;

(f) “Government‎agency”‎includes:

(i) a department, bureau, section, commission, board, office or unit of the Government;

(ii) a local government; and

(iii) a development authority or any other public authority, company or corporation owned or controlled by the Government or a local government;

5 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.5.

6 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.5.

7[(fa) “illegal‎ housing‎ scheme”‎ means‎ a‎ housing‎ scheme‎ that‎ is‎ wholly‎ or‎

partially on land owned by the Federal Government, owned by the

Government, owned by any local government, vesting in the Evacuee

Trust Property Board or waqf property taken under the Punjab Waqf

Properties Ordinance, 1979 (IV of 1979) or is wholly or partially in non-

conforming use as defined in section 2 (1)(ha);]

(g) “irregular‎housing‎scheme”‎means‎a‎private‎housing scheme or a land sub-division or a built-up area which has been developed or a part of which is being developed or sold without approval of the competent authority or in violation of the approved layout plan or the applicable laws or with the approval of the authority not competent to approve the housing scheme;

(h) “member”‎means‎a‎member‎of‎the‎Commission‎and‎includes‎the‎ Chairperson;

8[(ha) “non-conforming‎use”‎means‎the‎land‎use‎that‎does‎not‎conform‎to‎the‎

permitted or permissible land use but it is existing at site;

(hb) “non-planned‎area”‎means‎an‎area‎of‎the‎local‎government‎other‎than‎

the planned area;

(hc) “planned‎ area”‎ means‎ an‎ area‎ of‎ the‎ local‎ government‎ or‎ a‎ development authority with defined land uses as per approved schemes or master plan or Outline Development Plan;]

(i) “residents‎welfare‎association”‎means‎a‎society‎or‎an‎association‎ of owners or allottees of an irregular housing scheme or a built-up area registered under any law for the time being in force;

(j) “regularization”‎ means approval of an irregular housing scheme by the Commission; and

(k) “sponsor”‎means‎a‎firm,‎company,‎cooperative‎society,‎residents‎ welfare association, owner of a land or a scheme or any other person who has developed a scheme wholly or partly or is developing the scheme with or without approval under the applicable laws.

(2) The words, terms or expressions used but not defined in this Act shall have the same meaning as provided in the applicable laws.

Section 3. Establishment of Commission

‎ (1) The Government shall, by notification in the official Gazette, establish a Commission for carrying out the purposes of this Act.

(2) The Commission shall stand dissolved upon expiry of one year of promulgation of the Punjab Commission for Regularization of Irregular

7 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.5.

8 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.5.

Housing Schemes Ordinance 2021 (XVII of 2021) unless the Government, by notification in the official Gazette, extends its term for a further period of one

year.

Section 4. Composition

‎ (1) The Commission shall comprise the following:

(a) 9[a retired Judge of the Supreme Court of Pakistan or a retired Judge of the Lahore High Court, Lahore in consultation with the Chief Justice of the Lahore High Court, Lahore.] Chairperson

(b) a 10[town planner/architect] having at least twenty years experience and accreditation from national or international professional bodies;

member

(c) 11[* * * * *]

(d) 12[* * * * *]

(e) a legal expert having at least 13[fifteen] years experience in the applicable laws; and member

(f) any other expert of the relevant profession from public or private sector. Co-opted by the Commission

(2) Subject to subsection (1), the Government shall nominate the members.

(3) The 14[* * * * *] Government shall provide secretarial and logistic support to the Commission.

(4) The Government shall provide requisite funds for proper functioning of the Commission.

(5) The Commission 15[may] frame its regulations to conduct its business.

9 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

10 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

11 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

12 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

13 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

14 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

15 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

(6) Chief Minister, Punjab shall appoint a Registrar of the Commission from amongst the officers of the 16[* * * * *] Government, not below basic scale 19, to perform such duties as may be assigned by the Commission.

(7) The Commission may hire any 17[firm] professional or expert on such fee as the Commission may determine for carrying out any of its functions under this Act.

(8) The members and the Registrar of the Commission shall receive such honorarium as may be determined by the Chief Minister. 18[(9) In case of non-availability of any member or members, the functions of the Commission may be performed by the Chairperson and at least one other member.]

Section 5. Functions and powers

19[(1) The Commission shall have the powers to:

(a) take cognizance of any irregular housing scheme on an application or on its own;

(b) issue directions to a local government or a development authority concerned under the applicable laws for sustainable development of the area after taking into account the violation of planning standards in an irregular housing scheme;

(c) direct local government or development authority or any other agency concerned, on application of a resident / owner in any unapproved housing scheme to finalize long pending applications and cases under applicable laws within a stipulated period of time;

(d) direct a local government or a development authority or any other agency concerned to take punitive actions in accordance with the applicable laws including initiation of criminal proceedings under any other law against the sponsor of a housing scheme for any violation of law which cannot be regularized under this Act or the sponsor fails to seek regularization under this Act: provided that the Commission may direct the competent authority to exclude residents or a person having ownership in the said irregular housing scheme from the purview of such direction;

16 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

17 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

18 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.6.

19 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.7.

(e) impose any penalty upon sponsors under this Act;

(f) recommend disciplinary action including initiation of criminal proceedings against the officers and officials responsible for establishment of irregular housing schemes and for non- compliance of the directions of the Commission;

(g) warn public at large in respect of any illegal or irregular housing schemes through print and electronic media; and

(h) recommend amendments in the applicable laws and the rules

made thereunder.]

(2) In exercise of its functions, the Commission may:

(a) call for record of any land from the relevant Government agency;

(b) summon any officer of the relevant Government agency to produce requisite record, information and provide assistance; and

(c) summon the owners or 20[sponsors] of irregular housing schemes, or the persons having interest therein, or any other persons required for the purpose of disposal of the matter under consideration.

21[(2-a). Notwithstanding anything contained in subsection (1), the Commission shall not exercise its powers in respect of inquiries, investigations or references related to housing schemes which are under process with the National Accountability Bureau under the National Accountability Bureau Ordinance, 1999 (XVIII of 1999) regarding irregular housing schemes.]

(3) In the discharge of its functions under this Act, the Commission shall have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908).

(4) All proceedings of the Commission shall be deemed to be judicial proceedings within the meanings of section 193 and section 228 of the Code of Criminal Procedure, 1898 (V of 1898).

(5) The Commission shall decide each application preferably not later than ninety days from the date of initiation of proceedings.

Section 6. Responsibility of local governments and development authorities

A local government or a development authority, as the case may be, shall be responsible to:

(a) provide secretarial support to the Commission;

20 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.7.

21 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.7.

(b) prepare and submit data bank of irregular housing schemes falling within its territorial jurisdiction to the Commission through representative of the local government or the development authority concerned;

(c) provide record of irregular housing schemes including all documents and lay-out plans, approved or unapproved, either under process or not in process with the concerned local government or a development authority, and in case record of an irregular housing scheme is not available with a local government or a development authority, the local government or the development authority shall obtain the record from the developers of such scheme for onward submission to the Commission; and

(d) provide any other information required by the Commission.

Section 7. Data bank

The data bank shall contain the following information:

(a) name of the housing scheme;

(b) name and Computerized National Identity Card number of the developer or the sponsor;

(c) complete description of the housing scheme comprising area, layout and ownership of land parcel on which the irregular housing scheme has been developed or a part of which has been developed or is being developed by moving an application for preliminary planning permission or sanction of the housing scheme;

(d) date of commencement of physical development of the irregular housing scheme;

(e) complete details of violations committed during development of the housing scheme including violation of layout plan, if approved by a local government or a development 22[authority] or any other authority concerned;

(f) categorization of irregular housing schemes according to nature of violations; and

(g) any other ancillary information.

[23] Section 8. Submission of applications

(1) A‎ residents’‎ welfare‎ association,‎ or‎ a‎ person having ownership or interest in the housing scheme shall be eligible to submit an application to the Commission for regularization of an irregular housing scheme existing prior to the date of the commencement of this Act.

22 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.8.

23 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.9.

(2) Notwithstanding the provisions of subsection (1), the following may also submit an application before the Commission for regularization of an irregular housing scheme existing prior to date of the commencement of this Act:

(a) a resident / owner to whom a notice has been served in respect of any violation under any of the applicable laws; or

(b) a person who is running an irregular housing scheme or a built-

up area.]

[24] Section 9. Regularization and fines

(1) The Commission may regularize, through an order an irregular housing scheme, after affording opportunity of being heard to the applicant and the concerned local government or, as the case may be, the concerned development authority.

(2) In case of non-payment of fine, non-rectification, non-fulfillment of a condition or any other penalty imposed under subsection (1) within the stipulated time, the order of regularization shall cease to have effect, and action shall be taken as per the applicable laws.

(3) The rectification or fine in case of the following violations shall be imposed as under:

Sr. No Type of Violation Rectification or fine 1 Missing parks or open spaces

(i) up to 25 percent missing as per planning standards

(i) Two times of the value of deficient land as per residential value in the latest applicable valuation table

(ii) more than 25 percent missing as per planning standards

(ii) Non compoundable and shall be vacated and developed as per planning standards 2 Missing graveyard Two times of the value of deficient land as per residential value in latest applicable valuation table or provision of alternate land within a radius up to five kilo meters from the irregular housing scheme 3 Public buildings

(i) up to 25 percent missing as per planning standards

(i)Three times of the value of deficient land as per residential value in the latest applicable valuation table

(ii) more than 25 percent missing as per planning standards

(ii) Non compoundable and shall be vacated and developed as per planning standards

24 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 (XXXIV of 2021), published in the Punjab Gazette (Extraordinary), dated: 04th October 2021, pp. 1335-1339, s.10.

4 Access road width is less than the required planning standards Access road abutting the irregular housing scheme shall be widened as per the required planning standards. In case of non- availability of land, as determined by the Commission, three times of the value of deficient land as per latest applicable residential valuation table 5

(i) Internal road width is less than the prescribed planning standards

(i) Two times of the value of deficient land as per latest applicable residential valuation table

(ii) Internal road width is less than the prescribed standards where plots are open on the entire street / road from one intersection to next

(ii) The shortened width shall be vacated from both sides plots 6 Missing development works Non-compoundable, the sponsor or registered society of residents may provide surety bond along with mechanism and schedule to execute the missing development works 7 Change of location of public amenities (parks, graveyard, public buildings etc.) If relocation of amenities does not change the required percentage under the rules, then the Commission may regularize after examining the technical details and subject to imposition of fine as determined by the Commission 8 Non-transfer of roads, amenities, parks, graveyard

etc. In case of built-up area and developer is not available, then registered society of residents shall submit an affidavit / surety duly registered from Sub-Registrar concerned regarding surrender of areas under roads, amenities, parks, graveyard etc. on behalf of developer

(4) The amount of fine collected under this Act shall be deposited into the account of the concerned local government or the concerned development authority, as the case may be, and the proceeds from the fine shall only be spent on provision of missing amenities in the regularized housing schemes.

Explanation:

(a) only the violations mentioned in subsection (3) of section 9 may be regularized by the Commission;

(b) the violations and illegalities other than those mentioned in subsection (3) of section 9 shall be dealt with in accordance with the applicable laws; and

(c) any violation including those mentioned in subsection (3) of section 9 if committed after the coming into force of the Punjab Commission for Regularization of Irregular Housing Schemes Ordinance 2021 (XVII of 2021) shall not be regularized.]

Section 10. Indemnity

‎ The members shall be indemnified from any act done, function performed or power exercised in good faith under this Act.

Section 11. Jurisdiction of courts barred

‎ No court shall take cognizance of any matter covered under the provisions of this Act.

Section 12. Power to make rules

‎ The Government may make rules for carrying out the purposes of this Act.

Section 13. Power to frame regulations

‎ The Commission may frame regulations for carrying out the purposes of this Act.

Section 14. Overriding effect

‎ The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in

force.

Section 15. Repeal

The Punjab Commission for Regularization of Irregular Housing Schemes Ordinance 2021 (XVII of 2021) is hereby repealed.

Print contents from the source
CONTENTS 
 
1. Short title, extent, commencement and exemption  
 
2. Definitions  
 
3. Establishment of Commission  
 
4. Composition  
 
5. Functions and powers  
 
6. Responsibility of local governments and development authorities  
 
7. Data bank  
 
8. Submission of applications  
 
9. Regularization and fines  
  
10. Indemnity  
 
11. Jurisdiction of courts barred  
 
12. Power to make rules  
 
13. Power to frame regulations  
 
14. Overriding effect  
 
15. Repeal
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Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 036db532a3751cfe7fde6d79107f778166b59fadc8eca5b6aeed3349db3ff980.

THE PUNJAB COMMISSION FOR REGULARIZATION OF 
IRREGULAR HOUSING SCHEMES ACT 2021  
(XXXIII of 2021) 
CONTENTS 
 
1. Short title, extent, commencement and exemption  
 
2. Definitions  
 
3. Establishment of Commission  
 
4. Composition  
 
5. Functions and powers  
 
6. Responsibility of local governments and development authorities  
 
7. Data bank  
 
8. Submission of applications  
 
9. Regularization and fines  
  
10. Indemnity  
 
11. Jurisdiction of courts barred  
 
12. Power to make rules  
 
13. Power to frame regulations  
 
14. Overriding effect  
 
15. Repeal  
 
 
  
 
 
TEXT 
 
1THE PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR 
HOUSING SCHEMES ACT 2021 
  (XXXIII of 2021) 
    [04 October 2021] 
An 
Act 
to make provisions for establishment of a Commission 2[on] irregular housing 
schemes. 
3[Whereas it is expedient to establish a Commission to examine the matters of 
private housing schemes and land sub-divisions which are being developed or 
have been developed in an irregular manner or without the approval of the 
competent authority. 
And whereas the Government feels the need to ensure due compliance of the 
laws and to discourage illegal and irregular housing schemes and as far as  
possible to alleviate the grievances of the affectees and residents of such 
schemes and land sub -divisions in a judicious, transparent and sustainable 
manner keeping in mind the public interest.] 
Be it enacted by Provincial Assembly of the Punjab as follows:  
1. Short title, extent , commencement and exemption .–‎ (1) This Act 
may be cited as the Punjab Commission for Regularization of Irregular 
Housing Schemes Act 2021. 
(2) This Act extends to whole of the Punjab other than the areas 
notified as cantonments  under the Cantonments Act, 1924 (II of 1924), or the 
Cantonments Ordinance, 2002 (CXXXVII of 2002), and such other areas 
under possession and direct control of the Armed Forces of Pakistan that may 
be notified by the Government for this purpose. 
 4[(2-a) This Act shall not apply to any land: 
(i) owned by the Federal Government; 
(ii) owned by the Government; 
(iii) owned by any local government; and 
                                                      
1 This Act was passed by Provincial Assembly of the Punjab on 30 September 2021; assented to by the Governor of the 
Punjab on 01 October 2021; and, was published in the Punjab Gazette (Extraordinary), dated:  04 October 2021, pp.1329-1333. 
2 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.2. 
3 Substituted by the Punjab Commissi on for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.3. 
4 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.4. 
 
 
(iv) vesting in the Evacuee Trust Property Board or waqf property 
taken under the Punjab Waqf Properties Ordinance, 1979 (IV of 
1979). 
(2-b) Any illegal or irregular housing scheme in the aforesaid area excluded 
from the operation of this Act shall not be regularized under this Act but shall be 
dealt with by the competent authority in accordance with the applicable laws.] 
(3) This Act shall come into force at once. 
 (4) The Government may, by notification in the official Gazette, 
exempt any area from any or all of the provisions of this Act. 
 
2. Definitions.–‎ (1) In this Act: 
(a) “applicable laws”‎ includes‎ the‎ following‎ laws‎ and‎ the‎ rules‎ and‎
regulations made thereunder: 
(i)  Punjab Local Government Act, 2019 (XIII of 2019); 
(ii) Lahore Development Authority Act, 1975 (XXX of 1975); 
(iii) Punjab Development of Cities Act, 1976 (XIX of 1976); 
(iv) Cooperative Societies Act 1925 (VII of 1925); and 
(v) Punjab Housing and Town Planning Agency Ordinance, 
2002 (LXXVIII of 2002); 
 5[(aa)‎“built‎up‎area”‎means‎an‎area‎established‎in‎a‎non-planned area;] 
(b)  “Chairperson”‎means‎the‎Chairperson‎of‎the‎Commission; 
(c) “Commission”‎means‎the‎Commission‎constituted‎under‎this‎Act; 
(d) “competent‎authority”‎means‎the‎relevant‎authority‎empowered‎to‎
approve a private housing scheme  6[or land sub -division] under 
the applicable laws;  
(e) “Government”‎means‎Government of the Punjab; 
(f) “Government‎agency”‎includes: 
(i) a department, bureau, section, commission, board, office or 
unit of the Government; 
(ii) a local government; and 
(iii) a development authority or any other public authority, 
company or corpora tion owned or controlled by the 
Government or a local government; 
                                                      
5 Inserted by the Punjab Commission for  Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.5. 
6 Inserted by the Punjab Commission for Regularization of Irregular Housing S chemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.5. 
 
 
7[(fa)  “illegal‎ housing‎ scheme”‎ means‎ a‎ housing‎ scheme‎ that‎ is‎ wholly‎ or‎
 partially on land owned by the Federal Government, owned by the 
 Government, owned by any local government, vesting  in the Evacuee 
 Trust Property Board or waqf property taken under the Punjab Waqf 
 Properties Ordinance, 1979 (IV of 1979) or is wholly or partially in non -
 conforming use as defined in section 2 (1)(ha);] 
(g) “irregular‎housing‎scheme”‎means‎a‎private‎ho using scheme or a 
land sub-division or a built -up area which has been developed or 
a part of which is being developed or sold without approval of the 
competent authority or in violation of the approved layout plan or 
the applicable laws or with the approva l of the authority not 
competent to approve the housing scheme; 
(h) “member”‎means‎a‎member‎of‎the‎Commission‎and‎includes‎the‎
Chairperson;  
8[(ha) “non-conforming‎use”‎means‎the‎land‎use‎that‎does‎not‎conform‎to‎the‎
 permitted or permissible land use but it is existing at site; 
(hb) “non-planned‎area”‎means‎an‎area‎of‎the‎local‎government‎other‎than‎
 the planned area; 
(hc) “planned‎ area”‎ means‎ an‎ area‎ of‎ the‎ local‎ government‎ or‎ a‎
development authority with defined land uses as per approved 
schemes or master plan or Outline Development Plan;] 
(i) “residents‎welfare‎association”‎means‎a‎society‎or‎an‎association‎
of owners or allottees of an irregular housing scheme or a built -up 
area registered under any law for the time being in force; 
(j) “regularization”‎ means approval of an irregular housing scheme 
by the Commission; and 
(k) “sponsor”‎means‎a‎firm,‎company,‎cooperative‎society,‎residents‎
welfare association, owner of a land or a scheme or any other 
person who has developed a scheme wholly or partly or is 
developing the scheme with or without approval under the 
applicable laws. 
 (2) The words, terms or expressions used but not defined in this Act 
shall have the same meaning as provided in the applicable laws.  
 
3. Establishment of Commission. –‎ (1) The Government shall, by 
notification in the official Gazette, establish a Commission for carrying out the 
purposes of this Act. 
(2) The Commission shall stand dissolved upon expiry of one year of 
promulgation of the Punjab Commission for Regularization of Irr egular 
                                                      
7 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.5. 
8 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.5. 
 
 
Housing Schemes Ordinance 2021  (XVII of 2021) unless the Government, by 
notification in the official Gazette, extends its term for a further period of one 
year. 
 
4. Composition.–‎ (1) The Commission shall comprise the following: 
 
(a) 9[a retired Judge of the Supreme Court of Pakistan 
or 
a retired Judge of the Lahore High Court, Lahore 
in consultation with the Chief Justice of the Lahore 
High Court, Lahore.] 
Chairperson 
(b) a 10[town planner /architect] having at least 
twenty years experience  and accreditation 
from national or international professional 
bodies; 
member 
(c) 11[* * * * *]  
(d) 12[* * * * *]  
(e) a legal expert having at least 13[fifteen] years 
experience in the applicable laws; and 
member  
(f) any other expert of the relevant profession from 
public or private sector. 
Co-opted by the 
Commission 
 
 (2) Subject to subsection (1), the Government shall nominate the 
members. 
 (3) The 14[* * * * *]  Government shall provide secretarial and logistic 
support to the Commission. 
  (4) The Government shall provide requisite funds for proper 
functioning of the Commission.  
 (5) The Commission 15[may] frame its regulations to conduct its 
business.  
                                                      
9 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
10 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
11 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
12 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
13 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
14 Omitted by the Punjab Commission f or Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
15 Substituted by the Punjab Commission for Regularization of Irregular Hous ing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
 
 
 (6) Chief Minister, Punjab shall appoint a Registrar of the 
Commission from amongst the officers of the 16[* * * * *]  Government, not 
below basic scale 19, to perform such duties as may be assigned by the 
Commission.  
 (7)  The Commission may hire any  17[firm] professional or expert on 
such fee as the Commission may determine for carrying out any of its 
functions under this Act.  
(8) The members and the Registrar of the Commission shall receive 
such honorarium as may be determined by the Chief Minister. 
18[(9) In case of non -availability of any member or members, the 
functions of the Commission may be performed by the Chairperson and at 
least one other member.] 
 
5. Functions and powers.– 19[(1) The Commission shall have the powers 
to:  
(a) take cognizance of any irregular housing scheme on an 
application or on its own; 
(b) issue directions to a local government or a development authority 
concerned under the applicable laws for sustainable development 
of the area after taking into account the violation of planning 
standards in an irregular housing scheme;  
(c) direct local government or development authority or any other 
agency concerned, on application of a resident / owner in any 
unapproved housing scheme to finalize long pending applications 
and cases under applicable la ws within a stipulated period of 
time; 
(d) direct a local government or a development authority or any other 
agency concerned to take punitive actions in accordance with the 
applicable laws including initiation of criminal proceedings under 
any other law again st the sponsor of a housing scheme for any 
violation of law which cannot be regularized under this Act or the 
sponsor fails to seek regularization under this Act: provided that 
the Commission may direct the competent authority to exclude 
residents or a per son having ownership in the said irregular 
housing scheme from the purview of such direction; 
                                                      
16 Omitted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
17 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
18 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.6. 
19 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.7. 
 
 
(e) impose any penalty upon sponsors under this Act; 
(f) recommend disciplinary action including initiation of criminal 
proceedings against the officers and officials res ponsible for 
establishment of irregular housing schemes and for non -
compliance of the directions of the Commission; 
(g) warn public at large in respect of any illegal or irregular housing 
schemes through print and electronic media; and 
 (h) recommend  amendments in the applicable laws and the rules 
  made thereunder.] 
 (2) In exercise of its functions, the Commission may:  
(a) call for record of any land from the relevant Government 
agency; 
(b) summon any officer of the relevant Government agency to 
produce requisite record, information and provide 
assistance; and 
(c) summon the owners or 20[sponsors] of irregular housing 
schemes, or the persons having interest therein, or any 
other persons required for  the purpose of disposal of the 
matter under consideration. 
 21[(2-a). Notwithstanding anything contained in subsection (1), the 
Commission shall not exercise its powers in respect of inquiries, investigations 
or references related to housing schemes which are under process with the 
National Accountability Bureau under the National Accountability Bureau 
Ordinance, 1999 (XVIII of 1999) regarding irregular housing schemes.] 
 (3) In the discharge of its functions under this Act, the Commission 
shall have the po wers as are vested in a Civil Court under the Code of Civil 
Procedure, 1908 (V of 1908). 
 (4) All proceedings of the Commission shall be deemed to be judicial 
proceedings within the meaning s of section 193 and  section 228 of the Code 
of Criminal Procedure, 1898 (V of 1898). 
 (5) The Commission shall decide each application preferably not later 
than ninety days from the date of initiation of proceedings. 
 
6. Responsibility of local governments and development authorities. – 
A local government or a development  authority, as the case may be, shall be 
responsible to: 
(a) provide secretarial support to the Commission;  
                                                      
20 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.7. 
21 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.7. 
 
 
(b) prepare and submit data bank of irregular housing schemes 
falling within its territorial jurisdiction to the Commission 
through representative of the local government or the 
development authority concerned; 
(c) provide record of irregular housing schemes including all 
documents and lay -out plans, approved or unapproved, 
either under process or not in process with the concerned 
local government or  a development authority, and in case 
record of an irregular housing scheme is not available with 
a local government or a development authority, the local 
government or the development authority shall obtain the 
record from the developers of such scheme fo r onward 
submission to the Commission; and 
(d) provide any other information required by the Commission. 
 
7. Data bank.– The data bank shall contain the following information: 
(a) name of the housing scheme; 
(b) name and Computerized National Identity Card  number of 
the developer or the sponsor;  
(c) complete description of the housing scheme comprising 
area, layout and ownership of land parcel on which the 
irregular housing scheme has been developed or a part of 
which has been developed or is being develop ed by 
moving an application for preliminary planning permission 
or sanction of the housing scheme; 
(d) date of commencement of physical development of the 
irregular housing scheme;  
(e) complete details of violations committed during 
development of the housing scheme including violation of 
layout plan, if approved by a local government or a 
development 22[authority] or any other authority concerned; 
(f) categorization of irregular housing schemes according to 
nature of violations; and 
(g) any other ancillary information. 
 
23[8. Submission of applications .– (1) A‎ residents’‎ welfare‎ association,‎ or‎ a‎
person having ownership or interest in the housing scheme shall be eligible to submit 
an application to the Commission for regularization of an irregular housing scheme 
existing prior to the date of the commencement of this Act. 
                                                      
22 Inserted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.8. 
23 Substituted by the Punjab Commission for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.9. 
 
 
 (2) Notwithstanding the provisions of subsection (1), the following may 
also submit an application before the Commission for regularization of an irregular 
housing scheme existing prior to date of the commencement of this Act: 
(a) a resident / owner to whom a notice has been served in respect 
of any violation under any of the applicable laws; or  
(b) a person who is running an irregular housing scheme or a built -
 up area.] 
 
24[9. Regularization and fines .– (1) The Commission may regularize, through an 
order an irregular housing scheme, after affording opportunity of being heard to the 
applicant and the concerned local government or, as the case may be, the 
concerned development authority. 
 (2) In case of no n-payment of fine, non -rectification, non -fulfillment of a 
condition or any other penalty imposed under subsection (1) within the stipulated 
time, the order of regularization shall cease to have effect, and action shall be taken 
as per the applicable laws. 
 (3) The rectification or fine in case of the following violations shall be 
imposed as under: 
Sr. 
No Type of Violation Rectification or fine 
1 Missing parks or open 
spaces 
 
(i) up to 25 percent missing 
as per planning standards 
 
 
 
(i) Two times of the value of deficient land as 
per residential value in the latest applicable 
valuation table 
(ii) more than 25 percent 
missing as per planning 
standards 
(ii) Non compoundable and shall be vacated 
and developed as per planning standards  
2 Missing graveyard Two times of the value of deficient land as 
per residential value in latest applicable 
valuation table 
or 
provision of alternate land within a radius up 
to five kilo meters from the irregular housing 
scheme 
3 Public buildings 
 
(i) up to 25 percent missing 
as per planning standards 
 
 
(i)Three times of the value of deficient land 
as per residential value in the latest 
applicable valuation table 
(ii) more than 25 percent 
missing as per planning 
standards 
(ii) Non compoundable and shall be vacated 
and developed as per planning standards  
                                                      
24 Substituted by the Punjab Commissi on for Regularization of Irregular Housing Schemes (Amendment) Act 2021 ( XXXIV of 
2021), published in the Punjab Gazette (Extraordinary), dated:  04th October 2021, pp. 1335-1339, s.10. 
 
 
4 Access road width is less 
than the required planning 
standards 
Access road abutting the irregular housing 
scheme shall be widened as per the required 
planning standards.  In case of non -
availability of land, as determined by the 
Commission, three times of the value of 
deficient land as per latest applicable 
residential valuation table 
5 (i) Internal road width is less 
than the prescribed planning 
standards 
(i) Two times of the value of deficient land as 
per latest applicable residential valuation 
table  
(ii) Internal road width is less 
than the prescribed 
standards where plots are 
open on the entire street / 
road from one intersection 
to next 
(ii) The shortened width shall be vacated 
from both sides plots 
6 Missing development works Non-compoundable, the sponsor or 
registered society of residents may provide 
surety bond along with mechanism and 
schedule to execute the missing 
development works 
7 Change of location of public 
amenities (parks, graveyard, 
public buildings etc.)  
If relocation of amenities does not change 
the required percentage under the rules, then 
the Commission may regularize after 
examining the technical details and subject 
to im position of fine as determined by the 
Commission 
8 Non-transfer of roads, 
amenities, parks, graveyard 
etc. 
In case of built -up area and developer is not 
available, then registered society of residents 
shall submit an affidavit / surety duly 
registered fro m Sub -Registrar concerned 
regarding surrender of areas under roads, 
amenities, parks, graveyard etc. on behalf of 
developer  
 
(4) The amount of fine collected under this Act shall be deposited into 
the account of the concerned local government or the concerned development 
authority, as the case may be, and the proceeds from the fine shall only be 
spent on provision of missing amenities in the regularized housing schemes. 
 
Explanation: 
(a) only the violations mentioned in subsection (3) of section 9 may be 
regularized by the Commission; 
(b) the violations and illegalities other than those mentioned in 
subsection (3) of section 9 shall be dealt with in accordance with the 
applicable laws; and 
 
 
(c) any violation including those mentioned in subsection (3) of section 9 
if committed after the coming into force of the Punjab Commission 
for Regularization of Irregular Housing Schemes Ordinance 2021 
(XVII of 2021) shall not be regularized.] 
 
10. Indemnity.–‎ The members shall be indemnified from any act done, 
function performed or power exercised in good faith under this Act.  
 
11. Jurisdiction of courts barred .–‎ No court shall take cognizance of any 
matter covered under the provisions of this Act. 
 
12. Power to make rules .–‎ The Government may make rules for carrying 
out the purposes of this Act.  
 
13. Power to frame regulations.–‎ The Commission may frame regulations 
for carrying out the purposes of this Act. 
 
14. Overriding effect .–‎ The provisions of this Act shall have effect 
notwithstanding anything contained in any other law for the time being in 
force. 
 
15. Repeal.– The Punjab Commission for Regularization of Irregular 
Housing Schemes Ordinance 2021 (XVII of 2021) is hereby repealed.
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Section 2(1)

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Property Board or waqf property taken under the Punjab Waqf Properties Ordinance, 1979 (IV of 1979) or is wholly or partially in non - conforming use as defined in section 2 (1)(ha);] (g) “irregular‎housing‎scheme”‎means‎a‎private‎ho using scheme or a land sub-division or a built -up area which has been developed or a part of which is being developed or sold without approval of the competent auth

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Section 193

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ourt under the Code of Civil Procedure, 1908 (V of 1908). (4) All proceedings of the Commission shall be deemed to be judicial proceedings within the meaning s of section 193 and section 228 of the Code of Criminal Procedure, 1898 (V of 1898). (5) The Commission shall decide each application preferably not later than ninety days from the date of initiation of proceedings. 6. Responsibilit

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Section 9

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ne shall only be spent on provision of missing amenities in the regularized housing schemes. Explanation: (a) only the violations mentioned in subsection (3) of section 9 may be regularized by the Commission; (b) the violations and illegalities other than those mentioned in subsection (3) of section 9 shall be dealt with in accordance with the applicable laws; and (c) any violation

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Section 9

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mentioned in subsection (3) of section 9 may be regularized by the Commission; (b) the violations and illegalities other than those mentioned in subsection (3) of section 9 shall be dealt with in accordance with the applicable laws; and (c) any violation including those mentioned in subsection (3) of section 9 if committed after the coming into force of the Punjab Commission for Regula

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Section 9

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subsection (3) of section 9 shall be dealt with in accordance with the applicable laws; and (c) any violation including those mentioned in subsection (3) of section 9 if committed after the coming into force of the Punjab Commission for Regularization of Irregular Housing Schemes Ordinance 2021 (XVII of 2021) shall not be regularized.] 10. Indemnity.–‎ The members shall be indemnifi

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Section 228 of Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cited by PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR HOUSING SCHEMES ACT 2021

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de of Civil Procedure, 1908 (V of 1908). (4) All proceedings of the Commission shall be deemed to be judicial proceedings within the meaning s of section 193 and section 228 of the Code of Criminal Procedure, 1898 (V of 1898). (5) The Commission shall decide each application preferably not later than ninety days from the date of initiation of proceedings. 6. Responsibility of local governments and development authorities. – A l

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228. When trial may proceed immediately after alteration. If the charge framed or alteration or addition made under 4[* * *] section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the c

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PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR HOUSING SCHEMES ACT 2021
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