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QDA

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QDA Ordinance

 

INDEX

Section.                                         Heading.                                                   Page.

PRELIMINARY.

CHAPTER-I

Short title, extent and commencement.                                                        2.

2.                 Definitions.                                                                                                                2.

CHAPTER-II

CONSTITUTION AND FUNCTIONS OF AUTHORITY.

3.                 Establishment and incorporation.                                                               3.

4.                 Management.                                                                                                           4.

5.                 Constitution of the Governing Body.                                                          4.

6.                 Chairman and the Director General.                                                           4.

7.                 Member of the Governing Body.                                                                          4.

8.                 Appointment, punishment and Appeal.                                                              5.

9.                 Meeting of the Governing Body.                                                                 6.

10.             Offices                                                                                                               6.

1 1.      Power to sanction, reject or revise scheme.                                            6.

12.            Declaration of Controlled area and issue of appropriate directions.              7.

13.            Additional Powers of Authority to undertake work and incur expenditure. 7.

14.            Power of the Authority to undertake work entrusted to it by Provincial.      7. Government.

15.            Power of Government to make rules.                                                        8

16.            Power of the Authority to make regulations.                                                     8.

17.            Rules and regulations to be published in the official Gazette.               8.

CHAPTER-I”

FINANCE

18.            Funds of the Authority.                                                                                         8.

19.            Powers to borrow money.                                                                           9.

20.            Deposit Account.                                                                                           9.

21.            Investment of funds.                                                                                    9.

22.            22 _ Sinking of funds.                                                                                   9.

23.            Application of sinking fund.                                                                                   9.

24.            Annual examination of sinking fund.                                                                    9.

 

Section.                                          Heading.                                                   Page.

25.              Renewal and replacement of fund.                                                                     9.

26.              Audit.                                                                                                                        10.

27.              Accounts.                                                                                                       10.

28.              Annual report and budget proposals.                                                      10.

29.              Statement of accounts and the report of the Director Local Fund     10.                              Audit shall be laid before the Provincial Assembly.

CHAPTER-IV.

DEVELOPMENT, IMPROVEMENT, HOUSING AND OTHER SCHEMES.

30.              Schemes to be deemed to be for public purpose.                                  10.

31.       Matters to be provided for by improvement schemes.                               10.

32.              Types of improvement schemes.                                                                         1 1.

33.              Loans for housing etc.,                                                                                 12.

34.              General improvement scheme.                                                                  12.

35.              Rebuilding scheme.                                                                                      12.

36.              Rehousing scheme.                                                                                       13.

37.             Street scheme.                                                                                              1 3.

38.             Deferred street scheme.                                                                              14.

39.             Development scheme.                                                                                 14.

40.             Housing scheme.                                                                                            15.

41.     Town expansion scheme.                                                                            15.

42.             Zonal Plan scheme.                                                                                       16.

43.             Construction of all buildings, structures, etc., in a                                  16.                Area under Zonal Plan scheme.

PROCEDURE TO BE FOLLOWED IN FRAMING DEVELOPMENT, IMPROVEMENT, HOUSING AND OTHER SCHEMES.

44.             Official representation.                                                                                         16.

45.             Consideration of official representation.                                                            17.

46.             Matters to be considered when framing improvement scheme.                   17.

47.             Preparation, publication and transmission of notice                                                       as to improvement Schemes and supply of documents to applicants.

48.             Transmission to the Authority of representation by a Municipality                18.                  etc., as to.

49.             Notice of proposed acquisition of land.                                                     18.

 

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Section

 

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(iii)

Heading.                                                  Page.

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Furnishing of copies or extracts from the assessment book of the Municipality etc.

Abandonment of improvement scheme, or application to Government

for sanction.

Notification of sanction of a scheme.

Alteration of improvement scheme after sanction.

Combination of improvement schemes.

Submission of lists of schemes to Government.

Width of streets and leveling, etc. thereof.

Transfer to the Authority for purposes of improvement Scheme of building or land vested in a Municipality etc., Transfer of private street or open space to Authority For purpose of improvement scheme.

Provision of drain or water work to replace another Situated on old land, vested in the Authority. Bar to application of Section 34 of the Municipal Act to streets.

Repairs and watering of streets.

Street repairs to be fenced and lighted.

Power to close streets during repairs.

Duty to provide alternative routes and amenities. Powers of Authority to turn or close public streets or open space vested in it.

Disputes to be referred to Tribunal.

Vesting of streets in Municipality.

Power of Authority to retain service passages.

CHAPTER-V.

BUILDINGS AND STREETS.

Prohibition of erection or re-erection of buildings Without permission.

Completion certificates and permission to occupy or use building.

Power of Authority to direct removal of persons

From land or building in which works are being

Unlawfully carried on or which are unlawfully occupied.

Provisions regarding buildings unfit for human habitation.

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(iv)

Section.                                         Heading.                                                   Page.

73.            Removal of building in ruinous or dangerous state.                                          25.

74.            Power of removal of unauthorized building.                                                       25.

75.            Power of removal of building under construction.                                              26.

76.            Eviction of occupier. 26. 77. Removal of building                                      26.

78.             Reclamation of low-lying sites.                                                                      26.

79.             Power to prohibit re-erection of building on Insanitary site.                             26.

80.             Expense incurred by Authority to have priority in lien.                                     26.

81.             Notice of intention to lay out new private street to be given to Authority.   26.

82.             Authority to grant or refuse application.                                                             27.

83.             New private street not to be made a building on                                     27.

Either side thereof not to be erected except in

Accordance with the direction or approval of Authority.

84.             Leveling and draining of private streets.                                                               27.

85.              Power to declare private street when

metalled, etc.,                                                                                                             28.

86.            Power to regulate future construction of certain Classes of building               28.                                                         in particular streets or localities.

87.            Authority to prescribe street line and building line.                                            28.

88.            Erection or re-erection of building beyond street Line prohibited.                   29.

89.            Setting back projecting building.                                                                             29.

90.            Setting forward of front to building line                                                                 30.

91.            Setting forward to the street line.                                                                           30.

92.            Building at corner of street.                                                                                     30.

93.            Preparation of standard plan for division of lands  Into building sites.            30.

CHAPTER VI

ACQUISION, DISPOSAL AND USE OF LAND BETTERMENT FEES.

94.            Power to purchase or lease by agreement.                                                31.

95.            Power to acquire land under the land Acquisition Act, 1894.                           32.

96.            Tribunal to be constituted.

97.            Modification of Land Acquisition Act, 1894.                                                         31.

98.            Constitution of Tribunal.                                                                                          32.

 

(v)

Section.                                    Heading.                          Page.

99.            Remuneration of members of Tribunal.                      32

100.        Officers and servants of Tribunal.                         32

101.        Payments by Authority on account                       33

of Tribunal.

102.        Powers to make rules for Tribunal.                      33.

103.        Award of Tribunal how to be determined.         33.

104.        Abandonment of acquisition on special payment.   33.

105.        Excess condemnation.                                                   34.

106.        Payment of betterment fee.                                         35.

107.        Assessment of betterment fee.                            35.

108.        Authority to give notice to person                              35.

liable to payment of betterment fee.                        35

109.        Agreement to make payment of                          35.

determent fee a charge on land.

110.        Recovery of money payable in pursuance of     36. Sections 106 and 108.

111.        Authority to appoint persons for enforcement of    36.  dues.

112.        Agreement for payment not to bar acquisition        36.

under a fresh declaration.

113.        Power to dispose of land.                                      36.

114.        Declaration of Use Areas and location                36.                          thereof.

CHAPTER-VII.

WATER SUPPLY.

115.        Supply of water to constituent bodies.               37.

116.        Supply of water to individual consumers.          37.

117.        Constituent bodies and individual                       37.

consumers to pay cost of supply.

118.        Summary recovery of dues.                                  37.

119.        Right of user in property.                                       37.

120.        Compensation for damage.                                   37.

121.        Penalties for obstruction etc.,          38.                                           in respect of water supply schemes.

CHAPTER-VI”.

MISCELLANEOUS PROVISIONS.

122. Officers, servants, etc., deemed             38.

to be public servants.

123.       Delegation of powers.

124.       Authority may in certain circumstances exercise power of Municipality under Municipal Act.

(vi)

Section.                                        Heading.

125.       Authority and Chairman to exercise powers and functions under the Municipal Act.

126.       Powers of the Authority for facilitating movement of the population.

127.       Saving of Telegraph, Railways and Electricity Acts.

128.       Cognizance of offences.

129.       Complaint of offence.

130.       Powers of Chairman as to institution composition etc,. of legal proceedings and obtaining legal advice.

131.       Indemnity to Authority etc.,

132.       Notice of suit against Authority, etc.,.

133.       Proof of consent etc., of Authority or Chairman or Officer or servant of Authority.

134.       Validation of acts and proceedings.

135.       General power of Authority to pay compensation.

136.       Compensation to be paid by offenders for damage caused by them.

137.       Public notice how to be made known.

138.       Newspapers in which advertisement or notice to be published.

139.       Stamping signature on notice or bills.

140.       Service how-to be effected.

141.       Power to make surveys or contribute towards their cost.

142.       Power of entry.

143.       Punishment for acquiring share or interest in contract, etc., with the Authority.

144.       Penalty for removing fence, etc., in street.

145.       Penalty for building within street alignment or building line.

146.       Penalty for failure to comply with requisition Made by Authority.

147.       Penalty for obstructing contractor removing marks.

148.       Penalty for breach of the provisions of this ordinance etc.,

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(vii)

Section.                                         Heading.                                                   Page.

149.       All sums due to the Authority shall be recoverable as arrears 44 of land revenue.

150.       Dissolution of Authority and transfer of its assets 44 And liabilities to the Provincial Government and other agency determined by that Government.

151.       Repeal etc.,.     45

152.       Winding up of the Authority.  45

SCHEDULE:                     45 to 48 AMMENDMENTS.

Notification dated at Qta, the 1 st April, 1985. 49 to 50 (ii) Notification Quetta, the 6th November, 1985. 51 to 53

 

GOVERNMENT OF BALOCHISTAN.

LAW DEPARTMENT.

NOTIFICATION.

Dated Quetta, the 15th February, 1978.

No. Legis: 1-38/Law/76. The following Ordinance made by the Government of Balochistan on the 27th of January, 1978 is hereby published for general information: –

BALOCHISTAN ORDINANCE NO.IV OF 1978.

THE QUETTA DEVELOPMENT AUTHORITY ORDINANCE, 1978.

AN

ORDINANCE

 

 

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(h)    “Corporation” means the Corporation as constituted under the Municipal Act;

(i)     “Governing Body” means the Governing Body constituted under Section 5;

(j)     “House” means any building intended for human habitation, together with the land upon which it is situated, comprising one or more family housing unit and structures appurtenant thereto;

(k)    “Improved area” means any area which is under an improvement scheme connected with housing, improvement, development, construction, sewerage, water supply, resettlement, financing and research and matters incidental thereto;

(l)     “Industrial trading Estate” means the Satellite Town and Low Cost Housing Schemes or any other Estate which may be established’

(m)  “Land” had the meaning assigned to it by clause (a) of the Land Acquisition Act, 1894 (Act No. I of 1894);

(n)    “Municipal Act” means the Balochistan Local Government Act, 1975 (Balochistan Act No. of 1975);

(o)    “Use area” means an area of land in private ownership which the Authority declares has been ripe for development and improvement, but which has remained unimproved and undeveloped for a period of two years from the date of such declaration;

(p)    “Prescribed” means prescribed by rules or regulations made under this Ordinance;

(q)    “Tribunal” means a Tribunal constituted under Section 96 and

(r)     “Unauthorized Building” means a building declared by the Authority to be unauthorized;

(2)                 All words and expressions not defined in this Ordinance and defined in the Municipal Act shall have the same meanings as respectively assigned to them by said Act.

(3)                 All references to anything done, required, authorized, permitted, forbidden, or made punishable, or to any power vested, by or under this Ordinance include anything done, required, authorized, permitted, forbidden , or made punishable, any power vested-

(a)                by or under any scheme made under the provisions of this Ordinance; or

(b)               by or under any provision of the Municipal Act which the Authority has, by virtue of this

Ordinance power to enforce.

CHAPTER-II

CONSTITUTION AND FUNCTIONS OF THE AUTHORITY.

Establishment and incorporation: – (l) As soon as may be after the commencement of this Ordinance the Provincial Government shall establish an Authority for the purposes of this Ordinance.

(2) The Authority established under sub-section (l) shall be a body corporate, by the name of Quetta Development Authority, having perpetual succession and a common seal, with power, subject to the provision of this Ordinance, to acquire and hold property, both movable and immovable and shall by the said name sue and be sued.

 

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4.          Management:- (l) The general direction and administration of the Authority and its affairs shall vest in the Governing Body which may exercise all powers and do all acts and things which may be exercised or done by the Authority.

(2) The Governing Body in discharging its functions shall act on sound principles of development, town planning and housing with special regard to the re-housing of affected persons.

5.          Constitution of the Governing Body:- (l) The Governing Body shall consist of a Chairman, a Director- General, and ten other Members to be appointed by the Provincial Government.

(2)               The Director-General, shall be a whole-time Member.

(3)               The Government of Balochistan may appoint an officer or a public representative as

Chairman of the Government body.

6.          ( l) The Chairman and the Director-General shall be appointed on such terms and conditions and shall hold office for such period as Provincial Government may determine.

(2)        The Director-General shall exercise such power and perform such functions as may be prescribed.

(3)        When the Director-General is on leave or is absent outside Pakistan on the business of the Authority, the Secretary, Quetta Development Authority shall exercise the functions of the Director-general.

(l)     Every Member who is a public representative other than the Director-General, shall-

(a)               hold office for a period of three years unless sooner removed, and may be re-appointed thereafter for such period or periods, not exceeding three years at a time, as the Provincial Government may in each case determine;

(b)               receive such remuneration, fees or allowances as may be prescribed by rules or as the Provincial Government may determine;

(c)               perform such functions and duties as may be prescribed by regulations or as the Authority may assign to him.

(2) A casual vacancy in the office of a Member shall be filled by the Provincial Government, and the person appointed in such vacancy shall hold office for the unexpired period of the term of his Predecessor.

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  1. Appointment, Punishment and Appeal: – (l) The Authority may appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions, on such terms and conditions as it may deem fit.
  • Notwithstanding anything contained in sub-section (l), or sub-section (3), the provincial Government may, from time to time, specify the posts under the Authority, which shall be filled by persons belonging to the Provincial Unified Group of Functionaries of Local Councils constituted under Section 43 of the Municipal Act, and in, relation to the said posts and the persons appointed thereto, the provisions of Chapter VII of the said Act and any rules framed in pursuance thereof shall mutates mutandis apply and as if any reference in the said provisions and the rules to-
  • a local council, were a reference to the authority;
  • the controlling authority, were a reference to the provincial Government; and
  • the Municipal Act were a reference to this Ordinance.
  • Subject to any rule for the time being in force, the power of making appointments and promotions to posts in the service of the authority, of granting leave to officer and servants holding such posts, of censuring, fining, withholding promotion from, reducing, suspending, removing or dismissing, such officers and servants for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct, and or discharging such officers and servants from the service of the Authority for any other reason, shall be exercised by the under mentioned authorities :(a) in the case of posts lying in grade 1 to 17, the Director-General; and

(b)            in the case of posts lying in grade 18 and above, the Governing body:

Provided that a servant of the Central Government or the Provincial Government or a Local Authority whose services have been lent to the Authority Shall not be so punished except by an authority which have been competent to inflict such punishment if his services had not been so lent, and the Director-general, or the Governing Body, as the case may be, shall be entitled only to make recommendations in that behalf to such authority.

  • Notwithstanding anything contained in sub-sections (l) and (3), the person shall be appointed to the post of legal adviser to the Authority, by whatever designation called or known , or to advice the Authority in regard to legal matters, save with the approval of Government, and no legal practitioner shall be entrusted by the Authority with any matter pending in any Civil, Revenue or Criminal Courts or a tribunal exercising civil or revenue powers in which the Authority is a party or has any interest, —Jess the name of such legal practitioner is on the approved list of Government.

 

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(5) An officer or servant of the Authority against whom an order under sub-section (2) imposing any punishment has been passed, may appeal-

(a)               to the Governing Body, if the order was passed by the Director-General; and

(b)               to the Provincial Government, if the order was passed by the Governing Body.

(6) The Governing Body, may upon appeal made to it under clause (a) of sub- section (3) chance the punishment awarded by the Director-General, but an appeal shall lie to the Provincial Government against such enhancement.

9.                  Meeting of the Governing body: – (l) The meeting of the Governing Body shall be held at such times and at such places as may be prescribed by Regulations:

Provided that until such Regulations are made, such meetings shall be convened by the Chairman.

(2)        No business shall be transacted at: –

(a)               an ordinary meeting unless a quorum of one-third of the total number of members is present throughout the meeting.

(b)               A special meeting unless a quorum of one half of the total number of members is present throughout the meeting.

(3)        The Chairman shall president every meeting at which he is present, and if the Chairman is absent from, a meeting, a member of the Governing Body present and chosen for the purpose by the Members present shall preside at the meeting.

(4)        Each Member, including the Chairman, shall have one vote, and in the event of an equality of votes, the Chairman shall have a second or casting vote.

10.              Office: – The Authority shall establish its office in Quetta.

11.              Power to sanction, reject or revise scheme:- (l) The Authority shall, as soon as feasible, prepare, and from time to time submit for the approval of the Provincial Government an outline programme for the development and Improvement or such areas within all Municipal Committees of Quetta, and Quetta Tehsil of Quetta District, as it may consider necessary for the purpose, listing such areas and the approximate order of their development and outlining the proposed Improvements, including, the water supply; sewerage and building required for residential, and other purposes incidental thereto.

(2)        The Provincial Government shall, within such time as may be prescribed by rules, either approve or disapprove any programme referred to in sub-section (l) or approve with such additions or modifications as, in consultation with the Authority, it deems fit to make.

(3)        The Authority shall within such time as may be prescribed by rules, prepare specific schemes set forth in the outline programme, including any other scheme or schemes which the Provincial Government in writing directs the Authority to prepare, and all such schemes shall contain plans for the proposed development, including approximations of posts proposed, methods of financing, ejectment, and resettlement or re- housing of affected

Provided that the Authority may execute any scheme the provincial estimated cost of which does not exceed rupees ten lacs for which no loan or grant is required from Government.

(4)        The Provincial Government may sanction, with or without modification, or may refuse to sanction, or may return for reconsideration, any scheme submitted to it under sub-section (3), or may call for such further details or information about the scheme, or may direct such further examination of the scheme as it may consider necessary.

 

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(5)                 Where the Provincial Government has sanctioned an outline programme it shall be lawful

Authority to execute and maintain all works and carry out all operations required for the execution such programme.

(6)                 As soon as may be after the commencement of this Ordinance, the Provincial  may upon such terms and conditions as may be laid down, transfer-to the Authority any -erne sanctioned or undertaken by the Provincial Government or by any local authority or other body and us. On place at the disposal of the Authority any properties, movable or immovable connected with or n:iltary or appurtenant to any such scheme and any scheme so transferred shall be deemed to be a scheme snctioned by the Provincial Government under this Ordinance.

(7)                 It shall be lawful for the Authority to execute and maintain all works and carry out all c-•finished works and operations required for the execution of any scheme transferred under sub-section (6).

(8)                 the Provincial Government may, upon such terms and conditions as may be laid down, p:.ace at the disposal of the Authority any properties or funds held by the Provincial Government or by any bcal authority or other body, or permit the Authority to levy and retain duties which, immediately before commencement of this Ordinance, were leviable by such Government, authority or body and thereupon Authority shall hold such properties or funds and levy such duties in accordance with such terms and conditions.

12.               Declaration of Controlled area and issue of appropriate directions:- The Authority may, by notification in the official Gazette, declare any area to be a controlled area for the ptirposed of this Ordinance, and may issue in respect of any such area such directions as it considers fit and appropriate, and do all such things as may be necessary for the prevention of haphazard growth of colonies, building and operations in such area.

13.               Additional powers of Authority to undertake work and incur expenditure: – The Authority may, subject to such directions as the Provincial Government may give: –

(l ) prepare or arrange for the preparation of such land use and Master plans as may be required and for such modifications thereof as may from time to time be deemed necessary.

(2)                 establish and maintain Housing Research Stations and conduct scientific industrial research on housing including research on low cost housing.

(3)                 sponsor, for the purpose of giving effect to any of the provisions of this Ordinance limited liability under the Companies Act, 1913 (VII of 1913), Co-operative Societies under the Cooperative Act, 1912 (Il of 1912), or Registered Societies under the Literary Scientific and Charitable Societies Act, 1860 (X XI 1860), and upon its request be represented on the Management of any such company or society.

(4)                 undertake any work connected with or incidental to the purposes of this Ordinance that may be assigned to it by tilted Provincial Government from time to time.

14.               Power of the Authority to undertake work entrusted to it by Provincial Government: – ( l ) Notwithstanding anything contained in this Ordinance, the Authority may; upon such terms and conditions as may be laid down by the Provincial Government, undertake and execute any housing scheme of the Provincial Government entrusted to it by Government.

(2)                 The Authority shall comply with all instructions issued to it from time to time by the provincial Government in relation to the schemes entrusted to it.

(3)                 Necessary funds shall from time to time be placed by the Provincial Government at the disposal of the Authority to the execution of the schemes entrusted to it.

(4)                  Che Authority shall render complete accounts of the funds advanced to it by Provincial

Government under sub-section (3).

 

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(5)                  It shall be open to the Provincial Government to authorize the Director, Local Fund Audit, Finance Department to conduct a test or other audit of the accounts submitted to it on such terms and conditions as the Provincial Government may determine.

(6)                  The Authority shall submit to the Provincial Government progress reports in respect of the schemes entrusted to it by the Government and such other reports as the Provincial Government may require from time to time.

15.               Power of Government to make rules: – The Provincial Government may make rules not inconsistent with this Ordinance for the purpose of giving effect to the provisions of this Ordinance and where the rules made under this Section are inconsistent the regulations made under the next succeeding Section the rules shall prevail.

16.               Power of the Authority to make regulation: – (l) The Authority may make regulations not inconsistent with this Ordinance or with the rules made under Section 15, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power such regulations may provide for

(a)               the meeting of the Governing Body and the manner in which business shall be conducted at such meeting;

(b)               the expenditure of the funds placed at the disposal of the Authority;

(c)                recruitment policy;

(d)               conditions and terms of service including provident fund and pensions, if any; and

any other matter for which provision is required for the efficient discharge of the business of the Authority.

17.               Rules and regulations to be published in the official Gazette: – All rules and regulations made under this Ordinance shall be published in the official Gazette and shall come into force upon such publication.

CHAPTER-111

FINANCE.

18.               Funds of the authority: – (l) Necessary funds shall from time to time be. placed by the Provincial Government the disposal of the Authority for the execution of its schemes and for the conduct of its business. upon such terms and conditions as may be laid down in each case.

(2)                A Municipality shall contribute to the Authority every year by such date as may be prescribed such percentage of the proceeds of the property taxes realized by the Municipality during the previous financial year as the Provincial Government may determine.

(3)                If the Municipality fails to make the contribution referred to in sub-section (2), the Provincial Government may make an order directing the Bank in which any moneys of the Municipality are deposited or the person incharge of the Local Government treasury or any other place of security in which the moneys of the Municipality are deposited, to pay such contribution from such moneys as may be standing to the credit of the Municipality in such Bank or may be in the hands of such persons or as may from time to time, be received from or on behalf of the Municipality by way of deposit by such bank or person and such Bank or person shall be bound to obey such order.

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  1. Powers to borrow money: – The Authority may, from time to time, with the previous sanction of the Provincial Government, and on such terms and conditions as may be approved by the Provincial Government borrow money necessary for the purpose of defraying any cost, charges, expenses, incurred or to be incurred-
    • for the execution of any work authorized by or under this Ordinance, or
    • for the payment of compensation for any land acquired for the purpose of this Ordinance or
    • for the paymerit of a loan raised under this Ordinance, or
    • for any other purpose within the intendment of this Ordinance.
  2. Deposit Account: – The Authority may open a deposit account with the State Bank of Pakistan or with any
  3. Investment of funds: – in any security of the Central Government or Provincial Government or in any security that has been declared as approved security by the Provincial Government.
  4. Sinking fund:- The Authority may if it so decides and shall, if the Provincial Government so requires, establish a sinking fund for the repayment of any loan borrowed by the Authority and shall pay into that fund such sums as well, with accumulations of interest be sufficient after the payment of all expenses to pay off the loan:

Provided that if at any time the sum standing at credit in such fund is such as will, if allowed, to accumulate with interest, be sufficient to repay the loan within the period of the loan, then further payment into such fund may be discontinued.

  1. Application of sinking fund: – Every sinking fund shall be applied in the first place to the repayment of the loan in respect of which such fund was established and shall not, until such loan is fully discharged, be applied to any other purpose.
  2. Annual Examination of sinking fund:- (l) Every sinking fund established by the Authority shall be examined every year by the Director, Local Fund Audit, Finance Department, who shall certify the total assets represented by the cash and the current market value of the securities standing at credit in such fund at the time of examination.
    • If the Director Local Fund Audit, Finance Department, certifies that such assets are less than the assets which would have stood at credit had payments into the fund be.n made on the due dates and had the rate of interest considered to be obtainable when the fund was established been obtained, the authority shall forth with pay into the fund a sum equivalent to the difference so certified. Except in cases where private loans to the Authority are outstanding, the Provincial Government may by previous-general or special order, sanction the payment of such sum into the fund by installments or permit the difference to be made up in any other manner.
    • If any dispute arises between the Authority and the Director Local Fund Audit, Finance Department as to the accuracy of any certificate under sub-section (2), the Authority may, after making the payment referred to in that sub-section but always subject to any general or special order in that behalf as aforesaid refer the matter to the Provincial Government whose decision shall be final.
  3. Renewal and replacement of fund:- The Authority may, if it so decides and shall, if the Provincial Government so require, for the purpose of the renewal and replacement of any or all works and property vested in it, maintain a fund or funds in such manner and subject to such conditions as the Authority may prescribe.

 

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26.               Audit:- (l) The Authority shall with the previous approval of the Provincial Government appoint Auditors who shall be chartered Accountants within the meaning of the Chartered Accountants Ordinance. 1961 (X of 1961).

(2)                A statement of accounts in the prescribed form “audited” and by the Auditors referred to in the preceding sub-section shall be furnished to the Provincial Government as soon as possible after the end of every financial year.

(3)                It shall be open to the Provincial Government to authorise the Director Local Fund Audit, Finance Department, to conduct a test or other audit of the account submitted to it in the form prescribed under Section 27 on such terms and conditions as the Provincial Government may determine.

27.               Accounts:- The accounts of the Authority shall be maintained in such form as the Authority may prescribe.

28.               Annual report and budget proposals:- The Authority shall, within three months after the end of every financial year, submit to the Provincial Government an annual report on the conduct of its affairs for the year. It shall also prepare and approve its proposals and budget estimates for the next ensuing financial year at least one month before the commencement of such year.

29.               (l) The Statement of Accounts of the Authority referred to in sub-section (2) of Section 26 together with the report of the Director Local Fund Audit, Finance Department, if any, on the test or other audit made under sub-section (3) thereof arid the annual report referred to in Section 28 shall be laid before the Provincial Assembly of Balochistan as soon as may be following the receipt thereof by the Provincial Government, and the Provincial Assembly shah refer the same to its Committee on Public Accounts for scrutiny.

(2)                The Committee on Public Accounts shall scrutinize and examine the reports referred to in under sub-section (l) in the same manner as, and shall in respect thereof perform the same functions and exercise the same powers as, are required by it to be performed and exercised in respect of the Appropriation Accounts of the Provincial Government and the report of the Director Local Fund Audit, Finance Department, thereon.

(3)                The Authority shall produce such documents and furnish such explanation and information to the Committee referred to in sub-section (l) as the Committee may require at the time of examination of the Accounts.

CHAPTER-IV.

DEVELOPMENT, IMPROVEMENT, HOUSING AND OTHER SCHEMES.

30.               Schemes to be deemed to be for public purpose:- All schemes framed under this Ordinance and operated by the Authority or by an organization sponsored by the Authority’ shall be deemed to be schemes for a public purpose.

31.               Matters to be provided for by improvement schemes:- An improvement scheme may provide for all or any of the following matters, namely:-

(a)            the development of land for housing or re-housing ;

 

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(b)              the clearance or improvement of congested areas ;

(c)               the construction of houses, flats and other kinds of residential premises and of industrial, commercial and other buildings for community-facilities, such as slaughter-houses, vocational training centers and amenity buildings like schools, dispensaries and maternity or community development centers ;

(d)              the acquisition by purchase, exchange or otherwise of any property or interest therein necessary for or affected by the execution of the scheme ;

(e)               the laying out afresh of any land comprised in the scheme ; the re-distribution of sites belonging to owners or property comprised in the scheme ;

(g)               the closing, alteration or demolition of any dwelling or portion thereof unfit sfor human habitation ,

(h)               the demolition of any building or portion thereof unfit for the purpose for which it is being used or which obstructs light or air or projects beyond the building line ;

the demolition of any building inconsistent with the scheme ;

(j)                the construction and re-construction of any building by the Authority or by the owner or by the Authority on default by the owner ;

(k)               the sale, lease, exchange, or disposal in any other manner of any property vested in or acquired by the Authority ;

the construction and alteration of streets (including bridges, cause ways and culverts) and back lanes, and the provision of foot-paths and sidewalks ;

(m)             the leveling, paving, metalling, flagging, sewering and draining of the streets so constructed or altered and the provision therein for lighting and sanitary facilities ;

(n)               barks, playing-grounds and other open spaces for the benefit of persons residing in any area comprised in the scheme or any adjoining area and the extension of existing park, play-grounds and other open spaces and approaches to the same ;

(o)               sanitation and conservancy for the area comprised in the scheme, including, the prevention of contamination to rivers and canals and other sources and means of water supply ;

(p)               drains and sewers for the improvement of any ill-drained or in sanitary locality ;

(q)               accommodation for any class of inhabitants ;

(r)                means of access and communication ;

(s)                the reclamation or reservation of land for markets and gardens ; for afforestation and to provide fuel and grass and supply the other needs of persons in the said area ; the raising , lowering, leveling or reclamation of any land comprised in the scheme ;

(u)              the recovery of a betterment fee from owners of properties improved by the scheme ; and

(v)              any other matter for which, in the opinion of the Authority, it is expedient to make provision with a view to the improvement ofany area comprised in the scheme or of any adjoining area for the genera/ efficiencg ofthe scheme.

32. Types of improvement scheme:- An improvement scheme shall be of one of the following kinds or a combination of any two or more of such kinds or of any special incidents thereof, namely:-

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(a)               a general improvement scheme;

(b)               a re-building scheme ; (c)         a re-housing scheme ;

(d)               a street scheme ;

(e)                a deferred street scheme ;

a development scheme ; a housing accommodation scheme ‘

(h) a town-expansion scheme ; a zonal plans scheme ;

(j)                 a transport scheme ;

(k)               a drainage and sewage disposal scheme ; a scheme for the re-distribution of sites ; and

(m)          health and welfare scheme.

33.              Loans for housing etc:- The Authority shall not advance loan for the construction of a house nor it shall arrange the loan.

34.              General improvement scheme:- Whenever it appears to the Authority:-

(a)               that an area is in need of development, or

(b)               that, in any area, any buildings used or intended or likely to be used as dwelling places are unfit for human habitation, or

(c)               that danger to the health of the inhabitants of any building in any area or of any building in the neighbourhood of such area results or is likely to result from.

the narrowness, closeness, or bad arrangement or condition of streets or buildings or groups of building in such area, or

(ii)             the want of light, air, ventilation or proper conveniences in such area, or

(iii)          any other sanitary defects in such area,

the Authority may pass a resolution to the effect that such area is an insanitary area, and that a general improvement scheme ought to be farmed in respect of such area, and shall then proceed to frame such a scheme.

35.              Rebuilding scheme:- Whenever it appears to the Authority that any area is an insanitary area and that it is not possible or not desirable to frame a general improvement scheme in respect thereof, and that having regard to the value of buildings in such area and of the sites on which they stand, the most satisfactory method of dealing with the area or any part thereof is a re-building scheme the authority may pass a resolution to that effect and shall then proceed to frame such scheme, which may provide for the reservation of streets; and the enlargement of existing treets; the relaying out of the sites within in the Authority, or part thereof, upon the streets, so reserved or enlarged ; the demolition of existing buildings and their appurtenances upon such sites ; and the erection of buildings in accordance with the scheme.

 

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36.                 Re-housing scheme:- The Authority may frame re-housing scheme, for the construction, maintenance and management of such and so many dwellings an shops as it may consider necessary for persons whom

(a)               are affected by the execution of any improvement scheme sanctioned under this Ordinance, or

(b)               are likely to be affected by the execution of any improvement scheme which it intended to frame, or to submit to the Provincial Government for sanction under this Ordinance.

37.                 Street scheme:- (l) Whenever the Authority is of the opinion that for the purpose of

(a)               providing building site ; or

(b)               remedying defective ventilation ; or

(c)               creating or improving new or existing means of communication and passage for traffic or

(d)               providing better conservancy ;

It is expedient to lay out new streets or alter existing streets (including bridges ; cause-way and culverts) in any area, the Authority may pass a resolution to that effect and shall then proceed to frame a street scheme for such area.

(2)            A street scheme within the limits of the area comprised in the scheme may provide for the following matters, that is to say-

(a)               the acquisition of any land necessary in the opinion of the Authority for its execution :

(b)               the laying out afresh of all or any lands so acquired including the construction and reconstruction of building by the Authority or by persons authorized by the Authority in that behalf, and the laying out, construction and alteration of streets and thoroughfares ;

(c)               the draining, water supply and lighting of streets and thoroughfares so laid out, constructed or altered;

(d)               the raising, lowering or reclamation of any land vested in or to be acquired by the Authority for the purposes of the schemes ;

(e)               the provision of open spaces for the better ventilation of the area comprised in the scheme; and

 

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the acquisition of any land adjoining street, throughfare or open space to be formed under the scheme.

38.          Deferred street scheme:- (l) Whenever the Authority is of the opinion that it is expedient for any of purposes mentioned in Section 37 to provide for the ultimate widening of any street by drawing up new alignments therefor but that it is not expedient immediately to acquire all or any of the properties lying between the existing alignments, and the aforesaid new alignments, the Authority may pass resolution to that effect, and shall proceed to make a scheme to be called a “deferred street scheme” and draw up an alignment for each side of the street.

(2)            A deferred street scheme shall provide for-

(a)                the acquisition, within the time specified in the scheme (which may be extended by the Provincial Government), of the whole or any part of any property lying within the improved alignments ;

(b)               the laying out afresh of all or any such Vroperty including the construction and reconstruction of any building by the Authority or by any other person, and the formation and alteration of any street ;and

(c)                the drainage, water-supply and lighting of any street so formed or altered.

(3)             After a deferred street scheme has been sanctioned by the Provincial Government —

(a)               no person shall, except with the written permission of the Authority, erect, re-erect, add or alter any building or wall so as to make the same project beyond the improved alignment of the street ;

(b)               if the Authority fails to acquire or to institute proceedings for the acquisition of any property within the improved alignment of any street within the time limit specified in the scheme or extended by the Provincial Government, the owner of such property may at any time thereafter give the Authority notice requiring it to acquire or to institute proceedings for the acquisition of such property before the expiration of six months from the date of such notice, and thereupon the Authority shall itself acquire the property or institute proceedings to acquire the same, and if the Authority fails itself to acquire the property or to institute the proceeding it shall pay reasonable compensation to the owner for any damage sustained by him in consequence of such failure ;

(c)               before proceeding to acquire any property lying within the improved alignment of any street (other than property regarding which it has received a notice under clause (b), the Authority shall give six months notice to the owner of its intent on to acquire such property; and

(d)               not withstanding anything contained in the Municipal Act, a Municipality shall have no power to require any alignment of a street within the limits of the scheme and any alignment previously so required within such limits shall cease to be the alignment of the street.

39.          Development Scheme:- (l) In regard to any area the Authority may, and if so directed by the Provincial Government shall, prepare a scheme of proposed public streets with plans’ showing with reference to the locality to be developed and the purposes for Which particular portions of such locality are to be utilized the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details any may appear desirable.

(2) When such scheme has been notified under Section 47 the street to which it refers shall be deemed to be a projected public street.

 

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(3)                 No person shall, without the permission of the Authority, erect, re-erect, add to, or alter any building, or wall so as to make the same project beyond the street alignment or beyond the building line in any plan so adopted.

(4)                 If the Authority refuses to grant permission to any person to erect on his land any building or wall to project as aforesaid and if it does not proceed to acquire such land within one year from the date of such refusal, the Authority shall pay reasonable compensation to such person for any damage sustained by him in consequence of such refusal.

(5)                 When any building or wall projecting beyond or remaining behind the street alignment or building line shown in any plan adopted as aforesaid has fallen, or been demolished or otherwise damaged beyond repair, the Chairman may by written notice require or permit the same to be set back, or set forwarded, as the case may be, from or towards the street alignment or building line.

(6)                 When any building or wall is required under sub-section (5) to be set back or set forward and is so set back or set forwarded accordingly, the Authority shall make full compensation to the owner of the building or wall for any damage that he may sustain thereby.

(7)                 If the setting forward of any building or wall in pursuance of a notice under sub-section (5) brihgs within the precincts of the building or wall set forward any land belonging to the Authority, the notice shall operate as a conveyance of such land to the owner of the building or wall on the terms and conditions specified in the notice.

(8)                 Any owner aggrieved by any term or conditions aforesaid may within fifteen days of the communication to him of such term or condition, apply to the Chairman in writing for a reference of his case to the Tribunal and the Chairman shall forthwith refer the case to the Tribunal, and the decision of the Tribunal shall be final.

(9)                 When any scheme under this Section is sanctioned by the Provincial Government, then notwithstanding any thing contained in the Municipal Act, a Municipality shall have no power to require the alignment of any street within the limits of the scheme, and any alignment previously required within Nich limits shall cease to be the alignment of the street.

40. Housing scheme:- Whenever the Authority is of the opinion that it is expedient and for the public ai•.antage to provide housing accommodation for any class of the inhabitants of any area, the Authority may frame a scheme, to be called a “housing scheme”.

Town expansion scheme:- (l) Whenever the Authority is of the opinion that it is expedient and the public advantage to control and •provide for the future expansion or development of the City, the may, and if so directed by the Provincial Government shall, frame a scheme to be called a “town ecz•sion scheme”.

(2)                    Such scheme shall ordinarily be framed in respect of an area wholly without, wholly or partly within and partly without, the City ;

Provided that the Provincial Government shall, before giving its sanction to any such scheme itself that a development scheme under Section 39 in respect of the area would not be suitable.

(3)                    Such scheme shall specify the proposed lavoat area to be developed and the to which particular portions thereof are to be put.

After any such scheme has been notified no person shall, without •vvr;ae permission of •aam.:nty, erect, re-erect, add to or alter any building or wall within the area comprised in the scheme.

If the Authority refuses to grant permission to any person to erect, re-erect, add to orator or wall on his land in the area aforesaid and does not proceed to acquire such land within one date of such refusal the Authority shall pay reasonable copÄpensation to such person for any by him in consequence of such refusal.

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42.               Zonal Plan Schemes:- (l) The Authority may, from time to time, in regard to any area wholly within or wholly without partly within and partly without the City, make Zonal Plans showing the purpose for which any land in any area shall be primarily used ; such plans may indicate any area reserved for residential purposes, commercial purposes, industrial purposes, agricultural purposes, open spaces, height coverage, type, density, spacing and any other purpose, which the Authority may consider necessary.

(2)                 The procedure laid down in Section 38 for proposed deferred street scheme shall, so far as applicable apply to plans under sub-section (1).

(3)                 An order of the Provincial Government sanctioning the Zonal Plan Scheme shall be notified in the official Gazette and thereafter it shall be unlawful for any person to use or cause to be used any land for any purpose other than that laid down in the Zonal Plan Scheme unless he has been permitted to do so under sub-section (4).

(4)                 If any person desires to use any land for any purpose other than that laid down the Zonal Plan Scheme notified under sub-section (3), he may apply to the Authority for permission to do so and the Authority may order public hearing and give notice to all persons it deems affected.

(5)                 If the Authority refuses permission to any person, such person may within thirty days of the Authority’s refusal, move the Provincial Government for a revision ofthe case.

(5)         The decision of the Provincial Government on any such revision shall be final.

43.               Construction of all buildings, structures, etc., in an area under Zonal Plan Scheme:- (l) All plans with proposals for the erection of buildings or structures in any area covered by a Zonal Plan Scheme shall be submitted to the Authority in triplicate for sanction.

(2)                 The Authority may refuse sanction, if the purpose for which the proposed building or structure is to be used is contrary to the provision made in the Zonal Plan Scheme sanctioned by the Provincial Government, or if the proposed height coverage, or ele•mon of the proposed building or structure is unsuitable, for the locality or is likely to deteriorate the value of adjoining lands or on any other reasonable grounds.

(3)                 If the Authority refuses sanction under sub-section (2), it shall communicate the reasons for such refusal to the owner of the site and forward a copy of such refusal to the Municipality if the area. in respect of which such proposal for building has made is within the City.

(4)                 The owner of the site may, within a period of one month from the date of issue of the Authority’s refusal, move the Authority to review the case and the decision of the Authority thereon shall be final.

(5)                 The Municipality or any other local Authority shall refuse to grant permission for erection of any structure or building which is not sanctioned by the Authority.

(6)                 The Authority may make regulation, for giving effect to the provisions of this Section.

PROCEDURE TO BE FOLLOWED IN FRAMING DEVELOPMENT, IMPROVEMENT, HOUSING AND OTHER SCHEMES.

44.               Official representation:- An improvement scheme may be framed by the Authority of its own motion, or on an official representation by a Municipality, or the Cantonment Board of Quetta or on an order of the Provincial Government in writing.

 

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45.   Consideration of official representation:- (l) The Authority shall consider every official representation made under Section 44, and if satisfied of the necessity for an improvement scheme on the lines recommended therein and of the sufficiency of its resources for executing such scheme. It shall decide whether the scheme should be framed forthwith or not, and shall intimate its decision to the body which made the representation.

(2)    If the Authority decides that it is not necessary or that it is not expedient to frame any improvemeni scheme or to frame a scheme forthwith, it shall inform the aforesaid body of the reasons for its decision.

(3)    If the Authority fails, for a period of twelve months after the receipt of any official representation made under Section 44, to intimate its decision thereon to the body which made the representation, or intimate a decision that it is not necessary or that is not expedient to frame an improvement scheme forthwith or a decision to frame a scheme of a kind other than that recommended by the said body, the body may, if it thinks fit, refer the matter to the Provincial Government.

(4)    The Provincial Government shall consider every reference made to it under sub-section

(3), and

(b)               if it considers that the Authority ought, in the circumstance, to have made a decision within the period mentioned in sub-section (3) it shall direct the Authority to make a decision within such further period as the Provincial Government may think reasonable, or

(c)               if considers that it is, in the circumstances, expedient that a scheme should forth —with be framed, it shall direct the Authority to proceed forthwith to frame a scheme, and in giving such direction may prescribe the kind of scheme to be framed.

(5)    The Authority shall comply with every direction given by the Provincial Government under sub-section

46.   Matters to be considered when framing improvement schemes:- When framing an in-rprovement Scheme in respect of any area, the Authority shall have regard to (a) the nature and the conditions of neighbouring area of the City as whole ;

(b)               the directions in which the City appears likely to expand ; and

(c)                the likelihood of improvement schemes being required for other parts of the City.

Preparation, publication and transmission of notice as to improvement scheme and supply of

•aments to applicants:- (1) When any improvement scheme has been framed, the Authority shall give thereof specifying-

(a)            the boundaries of the area comprised in the schemes ; and

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(b)            the place at which particulars of the scheme may be seen at reasonable hours.

(2)           The Authority shall-

  • cause the said notice to be published weekly for three consecutive weeks in the official Gazette and in newspapers published in Quetta specifying the period within which objections will be received ; and
  • send a copy of the notice to the Chief Officer, Chairman of the Municipality or Cantonment Board, if any such scheme affects any such agency or has been undertaken at the request of any of them.

(3)            The Chairman shall cause copies of all documents containing particulars of the scheme to be delivered to any applicant on payment of the fee fixed by the Authority.

  1. Transmission to the Authority of representation by a Municipality etc, as to:- The Chief Officer, Chairman of the Municipality or Executive Officer of the Cantonment Board, to whom a copy of a notice has been sent under clause (b) of sub-section (2) of Section 47 shall, within a period of thirty days from the receipt of the said copy, forward to the Authority any representation which the Municipality thinks fit to make with regard to the scheme.
  2. Notice of proposed acquisition of land:- (1) During the thirty days foHowing the day on which the first notice required under Section 47 in respect of any improvement scheme is first published, the Authority shall serve a notice on:
    • every person whose name appears in the assessment list of the Excise and Taxation Department, Municipality or Cantonment Board as being primarily liable to pay property tax on any building or land which is proposed to acquire in executing the scheme, or in regard to which the Authority proposes to recover a betterment fee ;
    • very occupier (who need not be named) of premises entered in the assessment list of the Excise and Taxation Department, Municipality or Cantonment Board which the Authority proposes to acquire in executing the scheme ; and
    • the occupier of any land (who need not be named) within the Municipal Committees of Quetta, Sirki and Hudda and Quetta Tehsil of Quetta District in respect of which a local cess is payable under the Municipal Act.
    • Such notice shall:
    • state that the Authority proposes to acquire such land or to recover such betterment fee for the purpose of carrying out an improvement scheme ; and
    • require such person or occupier, if he objects to such acquisition or recovery, to state his reasons ih writing within a period of thirty days from the service of the notice.
    • Every such notice shall be signed by the Chairman or by a person authorised by him in that behalf.
  3. Furnishing of copies or extracts form the assessment book of the Municipality etc:- The excise and Taxation Officer, Chief Officer of the Municipality or the Executive Officer of the Cantonment Board shall furnish the Chairman at his request with a copy of, or extracts from, the assessment list of the Excise and Taxation Department, Municipality or Cantonment Board on payment of such fees as may be prescribed by rules.

               51.                   Abandonment of improvement scheme, or application to Government of sanction:- (l )

After considering any objection and representation received in pursuance of sub-section (2) of Section 47, Section 48 and clause (b) of sub-section (2) of Section 49 and after hearing all persons making any such objection or representation who may desire to be heard, the Authority may either abandon the scheme by an order published in the official Gazette or proceed therewith in accordance with the provision of this Ordinance.

 

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(2) Any person whose objection or representation has been refused may within 15 days after refusal appeal to the Provincial Government in writing and the Provincial Government shall dispose of r ••.thin 60 days thereafter and its decision shall be final.

Notification of sanction of a scheme:- (l) An order of the Provine;v.: Government sanctioning scheme shall be published in the official oazette and except in the case of a deferred street scheme, a r.elopment scheme or town expansion scheme, the Authority shall forthwith proceed to execute the same either directly or through an agency sponsored by it under Section 13.

(2) The publication of a sanction under sub-section (l) respect of any scheme shall be conclusive evidence that the scheme has been duty framed and sanctioned.

53.              Alteration of improvement scheme after sanction:- At any time after an improvement scheme has been sanctioned by the Provincial Government and before it has been completed, the Authority may alter it ; provided that —

(a)                If any alteration is considered likely to increaSe the estimated cost of executing a scheme by more than fifty percent, such alteration shall not be made without the previous sanction of the Provincial Government ;

(b)               If any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been sanctioned by the Provincial Government, the procedure mentioned in the foregoing sections of this Chapter shall, so far as applicable, be followed as if the alteration were a separate scheme ; and

(c)                If any alteration renders any land not previously liable under the scheme to the payment of a betterment fee liable to such payment the procedure prescribed in Sections 47, 49 and 51 shall so far as applicable be followed in regard to such land.

54.              Combination of improvement schemes:- The Authority may at any time include in a combiped scheme ; the improvement scheme framed or proposed to be framed for two or more areas.

55.              Submission of lists of schemes to Government:- The Authority shall, at the close of every financial year, submit to the Provincial Government in the prescribed form a list of all the schemes sanctioned under this Ordinance, showing the progress made with respect to each scheme.

56.              Width of streets and leveling, etc. thereof:- (l) No street laid or altered by the Authority shall be less than forty feet wide, if it is intended for vehicular traffic, or less than twenty feet wide, if it – is intended only for pedestrian traffic:

Provided that-

the width of an existing street need not be increased to the minimum required by this subsection if, in the opinion of the Authority, such increase is impracticable ; and

(ii)             nothing in this sub-section shall apply to service passages for sanitation.

(2) In every street laid out or altered by the Authority, the Authority shall make provision for levelling, paving, metalling, flagging, channelling, sewering and draining of the street and the provision *rein of lighting, water and sanitary conveniences ordinarily provided in a Municipality.

Transfer to the Authority for purposes of improvement schemes of building or land vested in Municipality etc:- (l) Whenever any building or any street, open space, or other land, or any part Nreof, which is situated in the Quetta, Sirki or Hudda Municipalities, and Quetta Tehsil of Quetta District is vested in the Authority or any other local authority is within the area of any improvement scheme zu is required for the purposes of such scheme, the Authority shall give notice accordingly to the Chief

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Officer of the Municipality or the President of the Cantonment Board or local Authority as the case may be and such building, street, open space, other land or part thereof shall thereupon vested in the Authority.

(2)   Where any land situated in the Municipalities of Quetta, Hudda and Sirki and Quetta Tehsil of Quetta District vests in the Authority under sub-section (l) and the Authority makes a declaration that such land shall be retained by the Authority only until it re-vests in the Municipality Cantonment Board or other local Authority as part of a street or an open space under Section 67 no compensation shall be payable by the Authority to the Municipality of Cantonment Board in respect ofthe land.

(3)   Where any land or building vests in the Authority under sub-section (l) and no declaration is made under sub-section (2) in respect of the land, the Authority shall pay to the Municipality, Cantonment Board or local authority, as the case may be, as compensation a sum equal to the market value of such land or building on the date of the publication of the sanction under Section 52 and where any value of such land or building on the date ofthe publication of the sanction under Section 52 and where any building situated on land in respect of which a declaration is made, by the Authority under subsection (2) is vested in the Authority under clause (l), like compensation shall be payable in respect of such building by the Authority.

(4)   If the Authority, having made a declaration in respect of any land under sub-section (2), retains or disposes of the land under sub-section (2) contrary to the terms of the declaration so that the land does not vest in the Municipality or Cantonment Board, or local authority , the Authority shall pay to the Municipality, Cantonment Board or local Authority compensation in respect of such land in accordance with the provision of sub-section (3).

(5)   If any question of dispute arises:

(a)                Whether compensation is payable under sub-section (3) or sub-section (4) ; or

(b)               As to the amount of the compensation paid or proposed to be paid under sub-section (3) ; or sub-section (4) ; or

-—whether any building or street, or open space or other land, or any part thereof is required for the purposes of the scheme, the matter shall be referred to the Provincial Government whose decision shall be final.

58. Transfer of private street or open space to Authority for purpose of improvement scheme:(l) Whenever any street or open space or part thereof which is not vested in the Authority or in a scheme, the Authority shall cause to be affixed in a conspicuous place in or near such street, open space or part, a notice signed by the Chairman or some one authorised by him and

(a)                stating the purpose for which the street, open space or part is needed, and

(b)               declaring that the Authority will, on or after to be specified in the notice, take over change of such street open space or part from the owner thereof, and shall simultaneously send a copy of such notice to the owner at his last known address.

(2)                After considering any objection received in writing before the date specified under clause (b) of sub-section (1), the Authority may take charge ofiuch street, open space or part, and the same shall thereupon vest in the Authority.

(3)                When the Authority alters or closes any street or open space or part thereof which has vested in it under sub-section (2) it shall pay reasonable compensation to the owner for the loss of his rights therein.

(4)                If the alteration of closing of any street, open space or part causes damage or substantial inconvenience to any having property right therein the Authority.

 

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shall forthwith provide some other reasonable means of access for the use of such person ;and

(ii) If the provision of such means of access does not sufficiently compensate him for such damage or inconvenience shall also pay him reasonable compensation in money.

Provision of drain or water work to replace another situated on old land, vested in the

Authority:- (l) Where in any building, or street, open space or other land, or part thereof, referred to in Sections 57 or 58 there is any drain, water-work, electric main or installation belonging to the Municipality, Cantonment Board, or other local authority, such drain, water-work , electric main installation shall not vest i the Authority until the Authority has provided, if such provision is necessary, another drain, water-work, eiectric main on installations.

(2) If any dispute arises whether an other drain, water-work or installation is necessary, or as the sufficiency of any drain, water-work electric main or installation provided by the Authority under sub-section (1) such dispute shall be referred to the Provincial Government, whose decision thereon shall final.’

60.                Bar to application of Section 34 of the Municipal Act to streets:- (1) Sub-section (18) of Section 34 of the Municipal Act shall not apply to any street which is vested in the Authority.

(2) Sub-section (l) of Section 34 of the Municipal Act shall apply when any drain vested in Municipality is open or broken up by the Authority orowhen any public street is under construction by the Authority.

61.                Repair and watering of streets:- Whenever the Authority allows any street vested in it, to be sed for public traffic it shall

(a)                as far as practicable, keep the street in good repair and do all things necessary for the safety and convenience of person using it ; and

(b)               cause the street to be watered, if it considers necessary to do so for the public convenience.

62.                Street repairs to be fenced and lighted:- Whenever any drain in, or the pavement or surface of my street vested in the Authority is at any place opened or broken up by the Authority for the purpose of carrying on any work, or whenever the Authority allows to be used for public traffic any street which it has Z”der construction and when is at any place only partly constructed, or not yet constructed, the Authority shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall *here necessary shore up and protect adjoining buildings, and shall with all convenient speed complete the said work, fill in the ground, and repair the said drains pavement or surface, and carry away any rubbish occasioned by the aforesaid operations or complete the construction of the said street as the case may be.

6.3. Power to close streets during repairs:- (l) when any work referred to in Section 62 is being executed by the Authority in any public street vested in it, or when any other work which may lawfully be a:oe is being executed by the “Authority in any street vested in it, Authority may direct that such street ..ll, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic zy specified description.

(2) when any such direction has been given, the Authority shall give notice in the official Zette of its intention to do so and set up in a conspicuous position in or near the street an order *Thiting traffic to the extent so directed and fix such bars chains or posts across or in the street as it may proper for preventing or restricting traffic therein.

Duty to provide alternative routes and amenities:- (l) When any work is being executed by the Authority in an public street vested in it, the Authority shall, so far as may reasonably be practicable, make adequate provision-

 

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(a)               for the passage or diversion of tramc;

(b)               for securing access to all premises approached form such street;

(c)               In respect of any drainage, water-supply or means of lighting interrupted by the execution of the work.

(2) The Authority shall pay reasonable compensation to any person who sustains special damage by reason ofthe execution ofany such work.

65.              Powers of Authority to turn or close public street or open space vested in it::- (l) The Authority may-

(a)               turn, divert, discontinue the public use of, or permanently close any public street vested in it or any part thereof, or

(b)               discontinue the public use of, or permanently close, any open space vested in it or any part thereof.

(2)                 whenever the Authority discontinues the public use of, or permanently closes, any public street vested in it, or any [art thereof, it shall pay reasonable compensation to every person who was entitled, other wise than as a member of the general public, to use such street or part as means of access and has suffered damage form such discontinuance or closing.

(3)                 . Whenever the Authority discontinues the public use of, or permanently closes, any open space vested in it, or any part thereof, it shall pay reasonable compensation to every person-

(a)               who was entitled, otherwise than a member of the general public to use such open space or part as a means of access, or

(b)               whose immovable property was ventilated by such open space or part and who has suffered damage-

in case (a) from such discontinuance or closing, or

in case (b) from the use to which the Authority has put such open space or part or has allowed the same to be put.

(4)                  In determining the compensation payable to any person under sub-section (2) or subsection (3), the Authority shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street or open space at or about the same time that the public street or part thereof on account of which the compensation is paid, is discontinued, or closed.

(5)                  When any public street or open space vested in the Authority, or any part thereof, is permanently close, the Authority may, subject to such conditions as may be prescribed, sell, lease or otherwise dispose off, so much of the same as is no longer required.

(6)                  In this Section the power to turn includes the power to alter the direction of traffic in that street, the gradient or levels of the sewers connected therewith.

66.              Disputes to be referred to Tribunal:- (l) If any dispute arise-

(a)               between the Authority and the previous owner of any street or open space or part thereof wh ich has vested in the Authority under Section 58 and has been altered or closed by it, as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) of that Section, or

(b)               between the Authority and any person who was entitled, otherwise than as a member of the general public, to use as a means of access any street or open space thereof which has vested in then Authority under Section 58:

 

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(i)                whether the alteration or closing of such street, open space or part caused damage or substantial inconvenience to owner of property adjacent thereto or to residents in the neighbourhood, or

(ii)               whether the other means of access provided or proposed to be provided under sub-section (4) of the said Section 58 are reasonably sufficient, or

(iii)             as to the sufficiency of any compensation paid or proposed to be paid under the said sub-section (4), or

(c) between the Authority and any person as to the sufficiency of any compensation paid or to him under Section 35,38,40,64,65, or 134 the matter shall be determined by the Tribunal if referred to it by the Authority or by the claimant within a period of three months from-

in case (a) or case (b) the date on which the street or open space or part thereof was altered or closed by the Authority, and

in case • (c) the date on which the said person was informed of the decision of the Authority fixing the amount of compensation to be paid to him or rejecting his claim to compensation, and the determination of the tribunal shall be final.

(2)              If a reference to the Tribunal is not made within the period prescribed by sub-section (l) the decision of the Authority shall be final.

(3)              For the purpose of determining any matter referred to it under sub-section (l) the Tribunal shall have all the powers with regard to witnesses, documents and costs which it would have if the Land Acquisition Act, 1894, as modify, by Section 97 of this Ordinance, were applicable to the case.

67.              Vesting of streets in Municipality:- (l) Whenever the Authority has completed any street or streets or open or recreational space in all respect, it shall so inform the Municipality, Cantonment Board or other local authority, as the case may be in writing and such streets or space shall thereupon vest in the Municipality, and shall thenceforth be maintained, kept in repair, lighted and cleaned by the Municipality.

(2) If any difference of opinion arises between the Authority and the Municipality in respect of any matter referred to in sub-section (l) the matter shall be referred to the Provincial Government whose decision shall be final.

68.              Power of Authority to retain service passages:- Notwithstanding anything contained in Section 67 the Authority may retain any service passage which it has laid out for sanitary purposes, and may enter ato an agreement with the Municipality or any person for the supervision, repair, lighting and management of any passage so retained.

CHAPTER-V.

BUILDINGS AND STREETS.

Prohibition of erection or re-erection of buildings without permission:- No person shall

(i)                erect or re-erect any building ; or

(ii)               make any material external alteration in or addition to any existing building; or

(iii)             construct or re-construct any projecting portion of a building in respect of which the Chairman is empov&ered by Section 90 to enforce an alteration or demolition or is empowered to give permission to construct or re-construct it unless the Authority has either by an order in writing granted permission or has failed to intimate within the prescribed period his refusal of permission for the erection or re-erection of the building or for the construction or re-construction of the projecting part of the building thereafter, such permission shall be valid for one year and shall be ineffective thereafter.

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  1. Completion certificates and permission to occupy or use building:- (l) Every person whomakes or extends any excavation in a controlled area ;
    • erects or re-erects any building ; or
    • makes any material external alteration in or addition to any existing building ; or
    • constructs or re-constructs any projecting projection of a building in respect of which the Authority is empowered under Section 90 to enforce an alteration or demolition or is empowered to give permission to construct or re-construct it ;

shall with- in one month of the completion of the work deliver to the Authority notice in writing of such completion and shall give to the Authority all necessary facilities for the inspection of such work.

  • After the receipt of the said notice the Authority shall promptly depute and officer to inspect such work and after such inspection, either approve or disapprove the building for occupancy or make such further order as it may decide.
  • No person shall occupy or permit to be occupied any such land, building or use or permit to be used any part affected by the re-erection of such building until the permission referred to in subsection (2) has been granted in the prescribed manner.
  1. Power of Authority to direct removal of persons from land or building which works are being unlawfully carried on or which are unlawfully occupied:- (l) If any person contravenes any provision of Section 70 or violates any order of the Authority it may direct cessation of such work and the use or occupancy of any land or building and take such measures as may be necessary to enforce its directions:

Provided that any person occupying or using such land or building or part thereof either as tenant or as owner in contravention of sub-section (3) of Section 70 shall be entitled to receive one week’s notice in writing before eviction.

Such notice shall not be required in cases where the Authority believes there is imminent danger to life or that occupancy is illegal or unauthorised.

  • All exienditure incurred in the enforcement of the provision of this Section may be recovered from the offending person.
  1. Provisions regarding buildings unfit for human habitation :- (l) If for any reason it shall appear to the Authority that any building or part thereof intended or used for human habitation or human occupation for any purposes whatever is unfit for such use, it shall signify its intention to prohibit the further use of such building or part of building and call upon the owner or occupier to state in writing his objection (if any) to such prohibition within seven days after the receipt of such notice. If no objection is raised by such owner or occupier within the prescribed period or if any objection which is raised appears to the Authority to be invalid or insufficient, the Authority may prohibition by an order in writing the further use of such building or part thereof. The owner or occupier of the building shall be given an opportunity of appearing before the Authority in person or by agent in support of his objection.
    • Notice of such prohibition shall be served in person or by mail upon the owner of any building or part of a building affected there by and also upon every occupier or use thereof (who need not -be named) stating the fact of such prohibition and appointing a day (not being less than fourteen days after the date of such notice) before which every such person shall remove himself and his property from the said building or part thereof ; and if on the day so appointed any such person has failed to remove himself and his property as aforesaid, the Authority may cause him and his property to be removed and may recover from him the cost of such removal.

 

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(3)                 When a building or part of a building has been vacated under sub-section (2) the shall mark it in the prescribed manner and no person except with the permission in writing of the •=hority and in accordance with the terms and conditions of such permission, shall enter into or remain in s:x-h building or part of a building.

(4)                 At any time after a building or part of a building has been vacated under sub-section (4), : the Authority considers that it can be rendered fit for human habitation by the structural alterations or epairs, the Authority may by notice in writing call upon the owner to commence within 30 days and to complete within a period of not more than six months .from the date of receipt of such notice, such structural alterations or repairs, as it deems necessary and if at the expiration of the aforesaid period such alterations or repairs have not been commenced or completed to its satisfaction, the Authority shall issue to the said owner a notice in writing ordering the demolition of such building or part thereof within a period of thirty days from the date of receipt of such notice, or the Authority may at its option repair such building at the owners expense.

If the Authority considers it impracticable to render such building or part thereof fit for human habitation, it may by notice in writing call upon the owner to demolish it within a period of thirty days from the receipt of such notice.

(6)                  If at the expiration of the period of thirty days and order to demolish a building or part of a building, issued under sub-section (4) or sub-section (5) has not been complied with, the Authority may direct, by an order in writing, the demolition thereof by any officer or servant or contractor of the Authority. The materials of the building or part of the building so destroyed shall hereupon be sold public or private sale anå there proceeds of the sale shall first be appropriated towards the cost of such destruction and sale. The balance if any of the cost of such destruction and sale after such appropriation, shall be recovered from the owner, and any surplus, if any, shall accrue to the owner ;

Provided that, before such order is given, the owner of the building shall have an opportunity of appearing before the Authority in person or by agent, and of showing cause why such order should not be ziven.

(7)                  For sufficient cause, the Authority may extend the time allowed under, or prescribed by, sub-section (4), (5) and (6).

(8)                  If any building or part of a building in respect of which an order under this Section has been made is the subject of a lease, such leases, shall be voidable at the option of the less with effect from the date on which the said order comes into-force.

73. Removal of building in ruinous or dangerous state:- (l) If in the opinion of the Authority, any building, wall, structure or anything affixed thereto is in a ruinous or dangerous state, the Authority may, by notice in writing, require the owner or occupier thereof forthwith either to remove the same or to causes such repairs to be made thereto as the Authority considers necessary for the public safety ; and if the danger appears to be imminent, the Authority may forthwith take such steps as may be required to avert such danger, including the forcible removal without notice from such building of all the occupiers thereof and their property,

(2)                  Any expense incurred by the Authority under sub-section (l), shall be paid the owner concerned.

(3)                  When the owner of any building, wall, structure of anything affixed thereto fails to execute the repairs required of him by the Authority under sub-section (l), the occupier of such building, wall, structure or anything affixed there to may, with the previous approval of the Authority carry out such repairs and without prejudice to any other right of recovery deduct the cost thereof from the rent which may become due and payable by him to the owner from time to time.

(4)                  Except with the permission in writing of the Authority no person shall enter into or remain in any building from which the occupier has been removed under sub-section (l ).

Power of removal of unauthorised building:- The Authority may by a notice served in the rescribed manner, direct the owner of an unauthorised building erected prior or subsequent to the date of

 

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coming into force this Ordinance to remove the same within the period mentioned in the notice or within such further period as may be granted by the Authority.

75.               Power of removal of building under construction:- The Authority may, by a notice served in the prescribed manner, direct the owner of an unauthorised under construction on the date of the commencement of this Ordinance not to proceed with the construction and to remove such building within the period mentioned in the notice or within such further period as may be granted by the Authority and the owner there of shall remove the same within the period aforesaid.

76.               Eviction of occupier:- (l) Simultaneously with the issuance of a notice to be serve don the owner of a building under Section 74, or under Section 75, the Authority may serve a notice on any occupier thereof to vacate such building within the period mentioned therein or within such further period as may be granted by the Authority.

(2)      If the occupier does not vacate the building within the aforesaid period in compliance with a notice issued under sub-section (l) he shall, notwithstanding anything contained any other law for the time being in force, be liable to summarily evicted therefrom by the Authority and the Authority may, in effecting such eviction, use such force as it deems necessary.

77.               Removal of building:- If any person fails to comply with any direction for the removal of any building given to him under Section 74 or Section 75 within the period fixed thereof, the Authority may cause the unauthorised building or the building under construction, as the case may be, to be removed at the owner’s expense.

78.               Reclamation of low-lying sites:- If it appears to the Authority that the level of a site on which it is proposed to erect a building is so low that such building is likely to become insanitary, dangerous or create a nuisance, it shall give to the owner thereof notice in writing calling upon him to raise the level of such site to a height prescribed by the Authority within a period fixed by it. If the owner fails to comply with the order, the Authority may forbidden any building or further building thereon, or at its option, raise the level of the site at the owner’s expense.

79.               Power to prohibit re-erection of building on insanitary site:- (l) If any building on a site in respect of which the Authority may make an order under Section 78 or any building which is situated in such a way as to be inaccessible to a fire-engine or to prevent a fire-engine from reaching other buildings is demolished or destroyed by fire or otherwise the Authority by notice in writing addressed to the owner or occupier of such site or to the owner of such building may direct that no building shall be erected in its place until the said site has been raised to such height and with such materials as the Authority may specify in such notice or that no building shall be erected which does not give a fire engine access to itself or other buildings as the case may be.

(2)      No person shall erect or re-erect any building in contravention of such notice.

80.               Expense incurred by Authority to have priority in lien:- Any expense incurred by the Authority under this Chapter shall have a priority in lien over other debts affecting the property and if unpaid shall be recoverable by sale of the land, and any deficiency, thereafter, remaining shall recoverable from the owner.

81.               Notice of intention to lay out new private street to be given to Authority:- Every person wh intends to make or layout a new private street shall file with the Authority an application for permission do so and shall simultaneously submit the following:-

(a) correct plans and section in duplicate of the proposed private street or streets which sh be drawn to a horizontal scale of not less than one inch to e very twenty feet and vertical of not less than one and a half inches to every ten fee, and shall show thereon level of the present surface of the ground above some known fixed datum, the level a rate of inclination of the intended new street, the level and inclination of the streets, Wii which it is intended to be connected and the widths which are proposed to be laid out carriage-ways and footpaths respectively ;

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specifications with detailed descriptions of the materials to be employed in the construction of the said street or streets and its carriage-way and footpaths ;

  • a plan showing the intended lines of drainage of such street or streets and of the buildings proposed to be erected the intended size, depth, and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains ; and
  • a scheme accompanied by plans and section for the laying out into street, plots and open spaces of the other land of such person or of so much of such other land as the Authority shall consider necessary.
  1. Authority to grant or refuse application:- The Authority shall either grant or refuse the application or return in for modification or additional information.
  2. New private street not to be made and buildings on either side thereof not to be erected except in accordance with the direction or approval of Authority:- (l) No person shall make or layout any new private street or erect any building either side thereof otherwise than in accordance with the direction of the Authority.
    • If any such new private street be made or laid out or any building on either side of any such street be erected, by any person in contravention of the above Sections the Authority may, by written notice, require the said person to show cause in writing or appear in person on or before a date specified in such notice why such street or building should not be altered abandoned, demolished or removed.
    • If such person shall fail to show sufficient cause as aforesaid, the Authority may cause the street or building to be altered, abandoned, demolished or removed and may recover the expense there from the said person.
  3. Levelling and draining of private streets:- (l) If any private street be not matalled, paid, lighted, sewered, drained, channeled or flagged to the satisfaction of the Authority it may by written notice require the owner of such street and the owner of the several premises fronting or adjoining the said street or a abutting thereon, or to which access is obtained through such street or who will benefit by works executed under this Section to metal, pave, light, sewer, drain, channel or flag the same in such manner as the Authority shall direct.
    • If such requisition be not complied with on or before the date specified in such notice, the Authority may do or cause such work to be done on its own account, and expense incurred in so doing shall be paid by the owners of the premises aforesaid in such proportion as the Authority shall think fit.
    • Not less than fifteen days before the commencement of any work under sub-section (2) the Authority shall give written notice to all the said owners of :(a) the nature of the intended work,
    • the estimated expenses thereof, and
    • the proportion of such expenses payable by each owner.
    • Any owner who is or opinion that the proportion of expenses payable by him in accordance with the order of the Authority under sub-section (2) is insured or unjust may appeal against such order to the Tribunal.
    • Any expenditure incurred by the Authority under Section 83 and 84 shall have a priority lieu over other debts affecting the properties, and shall, if unpaid, be recoverable by sale of the property, md any deficiency thereafter remaining shall be recoverable from such owner.

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  1. Power to declare private street when metalled, etc., public streets:- When any private street has been metalled. paved, made good lighted, sewered, drained, channeled and flagged to the satisfaction of the Authority it may upon receiving the consent of the-owner of the majority of the owners of such street by notice put up in any part of such street declare the same to be a public street. The said street, shall thereupon become a public street.
  2. Power to regulate future construction of certain classes of building in particular streets or . localities:- (l) The Chairman may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months.
    • that in any streets or portions of street specified in such notice the elevation and construction of the frontage of all buildings thereafter erected or re-erected shall, in respect of their architectuial features, be such as the Authority may consider suitable to the locality : or
    • that in any localities specified in such notice there shall be allowed the construction of only detached or semi-detached buildings or both, and that the land appurtenant to each building shall be of an area not less than that specified in such notice ; or
    • that in any localities specified in the notice the construction of more than specified number of houses on each acre of land shall not be allowed ; or
    • that in any streets, portions of streets, or localities specified in such notice the construction of shops, ware houses, factories, huts or buildings of a specified architectural character, or buildings designed for particular use shall not be allowed without the special permission of the Authority.
    • The Governing Body shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and of its opinion thereon to the Authority.
    • No objection received after the said period of three months shall be considered.
    • Within a period of two months after the receipt of the same the Authority shall submit all the documents referred to in sub-section (2), with or without a statement of its opinion thereon, to the Provincial Government.
    • The Provincial Government may pass such orders with respect to such declaration as it may think fit:

Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (l).

  • The declaration as confirmed or modified by the Provincial Government shall be published in the official Gazette and shall take effect from the date of such publication.
  • No person shall erect or re-erect any building in contravention of any such declaration.
  1. Authority to prescribe street line and building line:- (l) The Authority shall prescribe a street line and a building line on each side of every public street within the city, and may from time to time prescribe a fresh line in substitution for any line so prescribed or for any part thereof.

Provided that

  • at least one month before prescribing such line, as the case may be, the Chairman shall give public notice of the proposal in this respect inviting objections or suggestion in writing thereto within a specified period, and shall put up a special notice thereof in the street or part of a street for which such line or fresh line proposed to be prescribed ; and

 

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(b) the Chairman shall comply with any orders that may be passed by the Authority after gonsidering any written objection or suggestion in regard to such proposal which has been delivered at he office of the Authority within the specified period.

(2)               (a) No person shall construct or reconstruct any portion of any building within the street line without the permission of the Authority under Section 90.

(b)              when the Authority refuses permission to construct or reconstruct any building

in any area within the street line, such area shall, with the approval of the Authority be added to the street and shall thenceforth be deemed to be part of the public street and shall vest in the Authority.

(c)               Compensation shall be paid by the Authority to the owner of any land added to a street clause (b) for the loss of the said land, and to the owner of any building for any loss or damage or expense incurred by such owner in consequence of any action taken or order passed by the Authority under this subsection. In the case of dispute the amount of such compensation shall be ascertained and determined by the Collector or any officer specially authorised by him in this behalf in the manner prescribed :

Provided that no such compensation shall be payable in respect of buildings removed under Section 73

(3)               (a) The Chairman may direct that the construction or reconstruction of any building in contravention of the provision of sub-clause (2) be stopped.

(d)              The Authority may by written notice require such buildings or part thereof to be altered or demolished in acgordance with the directions contained in such notice.

SS. Erection or re-erection of building beyond street line prohibited:- (l) No person shall erect or re-erect a building or part of a building so as to project beyond a street-line fixed under Section 87.

(2) Any owner of land how is prevented by the provision of this Section from erecting or rea-ecting any building on his land may require the Authority to make compensation for any damage which Se may sustain by reason of such prevention and upon the payment of compensation in respect of any land situated within such street line, such land shall become part of the said street and shall vest in the Authority.

The Chairman may require the alteration or demolition of any building or part of a building which cav have been erected or re-erected in contravention of sub-section (l).

Setting back projecting buildings :- (l) If any part of a building other than a building used for eli2ious worship project beyond the street line of a public street as prescribed under Section 87 or beyond front of the building on either side thereof, the Authority may

If the projecting part thereof is a verandah, step or some other structure external to the main building then at any time, or

If the projecting part is not external structure as aforesaid, then whenever the grater portion of such building or any material portion of such projecting part has been demolished or destroyed by fire or has fallen, require by written notice that the part so projecting shall be removed or that such building when being re-built shall be set back to or towards the said line. The portion of the land added the street by such removal or setting back shall therefore deemed to be part of the public street and shall vest in the Authority.

If any land not vested in the Authority whether upon or enclosed, lies within the street s not occupied by building, or if a platform verandah, step or other external structure or portion s •ithin the street line, the Chairman may take possession on behalf of the Authority of the said

 

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land (together with its enclosing wall, hedge or fence), or of the said structure or any portion thereof after giving to the owner of the land or building not less than seven clear days written notice of his intention so to do, and if necessary, may clear the same ; and the land so taken possession of shall then forward be deemed to be paid of the public street and vest in the Authority.

(3)                 Notwithstanding the provisions of sub-section (I) and (2), no land or building vested in the Central Government or a Provincial Government shall be taken possession of as aforesaid without the previous sanction of that Government, nor shall any land or building vested in any Municipality incorporated by any law for the time being in force be taken possession of aforesaid without the previous sanction of the Provincial Government.

(4)                  Compensation payable by the Authority :- Compensation, the amount of which in case of dispute shall be ascertained and determined by the Collector or any officer specially authorised by him in this behalf, in the prescribed manner shall be paid by the authority to the owner of any land added to a public street under sub-section (I) or taken possession of under sub-section (2) and to the owner of any building for any loss, damage or expense incurred by such owner n consequence of any action taken by the Authority under either of the said sub-sections:

Provided that no such compensation payable under sub-section shall be payable in respect of buildings removed under Section 73.

(5)                 When the amount of the compensation payable under sub-section (4) has been so ascertained and determined, or when a ruinous or dangerous building falling under sub-section (l) has been taken down under the provisions of Section 73, the Authority, after rendering the amount of the compensation, if any be payable, may take possession of the land so added to the street, and if necessary may clear the same.

90.                Setting forward of front to building line :- (l) If the front of any building other than a building used for religious worship which abuts on a public street is behind a building line fixed under Section 87 and it is proposed to erect or re-erect such building in any manner involving the removal of such building or of the front portion thereof to an extent exceeding one-half of such building or portion thereof above the ground level (such halfto be measured in cubic feet), the Authority may, in any order relating to the erection or re-erection of such building, permit or require the front of such building to be set forward to the building line.

(2)                 Except with the permission of the Authority, no person shall erect or re-erect any building or any part of a building between a street line and a building fixed under section 87.

91.                Setting forward to the street line :- (l) The Authority may upon such terms as it thinks fit, allow any building to be set forward if the street line of the street in which such building is situated will be thereby improved .

(2)                 If any land which will be included in the premises of any person permitted to set forward a building under sub-section (l), vests in the Authority, The permission of the Authority to set forward the building shall be sufficient conveyance to the owner of the said building ; and the price to be paid to the Authority by the said owrrr for such land and any other terms and conditions of the conveyance shall be set forth in the said permission.

92.                Building at corner of street :- (l) The Authority may require any building intended to be erected at the corner of two streets to be rounded or splayed off to such height and in such manner as it may determine.

(2)                 The owner of the site of such building may require Authority to compensate him for the loss of any portion of such site resulting from any requirement under sub-section (l) and or payment of compensation thereof such portion of the site shall vest in the Authority.

93.                Preparation of standard plan for division of lands into building sites :- (l) The owner of any land which is intended for division into building sites shall prior to any division thereof prepare and submit for the Authority’s approval a plan drawn to a scale specified by the Authority and signed by a licensed

 

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showing the street which such owner proposes to construct on such land and the position and

.æ:z-es of the building sites into which he proposes to divide such land substantially as herein before set Section 81.

(2) On receipt of any plan prepared as aforesaid the Authority may approve or disapprove or of it or give such direction for such alteration and amendments to be made therein as it shall

If the said owner fails to submit the aforesaid plan within the period specified, the cause such plan as is prescribed in sub-section (1) to be prepared at his expense in with the instruction of the Authority, and shall cause a copy thereof to be delivered at the last of abode of such owner and to be affixed to some conspicuous position of the land.

When a plan has been approved by the Authority under sub-section (2) or has been the instructions of the Authority under sub-section (3) it shall be known as the “standard land and a copy thereof, signed by such person as may be authorised in his behalf, shall be in the Authority’s office and another copy similarly signed shall be supplied on application to the of such land.

Except with permission of the Authority and in accordance with the terms and conditions no person shall construct any street or erect any building on such land otherwise than in approved plan and sale or occupancy of any land or buildings not so approved shall

CHAPTER-VI.

ACQUISITION, DISPOSAL AND USE OF LAND BETTERMENT FEE.

Power to purchase or lease by agreement:- The Authority may enter into an agreement with any acquisition from his by purchase, lease, or exchange, of any land which the Authority is zzhorised to acquire, or any interest in such land.

Power to acquire land under the Land Acquisition Act 1894:- The Authority may, with p-e•.ious sanction of the Provincial Government, acquire for carrying out the purposes of this Ordinance ked under the provisions of the Land Acquisition Act, 1894 (l of 1894).

Tribunal to be constituted:- (1) The Provincial Government shall constitute a Tribunal as ided in Section 98 for the purpose of performing the function of the Court in reference to the ition of land for the acquisition Authority under the Land Acquisition Act, 1894 (1 of 1894).

(2)         The Tribunal shall-

perform the functions of the Court with reference to the acquisition of land for the Authority under the Land Acquisition Act, 1894 (l of 1894).

Decide disputes referred to it under Section 95.

Modification of Land Acquisition Act, 1894-For purposes relating to the acquiring of land Authority under the Land Acquisition Act, 1894, (1 of 1894):-

the said Act shall be subject to the modification specified in the Schedule to this Ordinance ; in case a Tribunal is constituted under Section 98-

the Tribunal shall (except for the purposes of Section 56 of the said Act) be deemed to be the Court, and the President of the Tribunal shall be deemed to be ed         the Judge thereof ;

 

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(ii)               the President of the Tribunal shall have the power to summon and enforce the attendance of witnesses, and to compel the production of documents by the same means, and (so far as may be) in the same civil court under the Code of Civil Procedure, 1908 (Act V of 1908) , when trying a civil suit ; and

(iii)             the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894 (l of 1894), and shall be final.

98.              Constitution of Tribunal:- (l) The Tribunal shall consist of a President and two assessors.

(2)            The President of the Tribunal shall be an officer who has for at least three years served as a District Judge, or held judicial office not inferior to that of a Subordinate Judge of the first Class.

(3)            The President and the assessors of the Tribunal shall be appointed by the Provincial Government.

(4)            No person shall be appointed or continue as member of the Tribunal if he is a member of

the Governing Body or is, for any of the reasons mentioned in Section 7, disqualified for appointment as a member of the Governing Body.

(5)            The term of office of each member of the Tribunal shall be three years, but any member may subject to sub-section (4), be re-appointed at the end of that term.

(6)            The Provincial Goyernment may remove any member of the Tribunal from office on the ground of incapacity or misbehavior, or for any other good sufficient reason :

Provided that before action is taken under this sub-section the member shall be informed of the action proposed to be taken against him and give an opportunity to show cause why such action should not be taken against him.

(7)            Every vacancy, whether permanent or temporary, in the office of member of the Tribunal shall be filled in accordance with the provisions of sub-section (3).

(8)            All appointments made under this Section shall be notified in the official Gazette.

99.              Remuneration of members of Tribunal:- A member of the Tribunal shall be entitled to receive such remuneration, by way”of salary or fees, or both as may be prescribe.

100.           Officers and servants of Tribunal:- (l) The President ofthe Tribunal shall maintain a statement showing

(a)               the member on and the grades business of the ofclerks Tribunal.and other officers and servants whom he employees the for carrying

(b)               The salary to be paid to each such officer and servant, and

(c)               The contributions payable in respect Government.of each officer or servant who is in the service of Central Government or a Provincial

(2)            All statements prepared under sub-section (l) shall be subject to the previous sanctiot of the Provincial Government.

(3)            The President of the Tribunal shall, with the previous sanction of the Provincia Government make rules

(i) for regulating the grant of leave of absence, leave allowance and allowance to the officers and servants of the Tribunal :

Provided that servant of the Central Government or a Provincial Government employed as a:

officer or servant to the Tribunal shall not be entitled, to leave or leave allowance otherwise than i accordance with the conditions of his service under the Central Government or Provincial Governme relating to transfer to foreign service;

 

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(ii)              for establishing and maintaining a provident or annuity fund, for compelling all or any of the officers or servants of the Tribunal (other than any servant of the Central Government or Provincial Government, in respect of whom a contribution is paid), to subscribe to such fund, at such rates and subject to such conditions as may be prescribed, and with the sanction of the Authority, for supplementing such subscriptions out of the funds of the Authority

(iii)            for determining the conditions under which the officers and servants of the Tribunal, or any of them, shall on retirement receive a gratuity or compassionate allowance and the amount of such gratuity and compassionate allowance :

Provided that it shall be at the discretion of the Tribunal to determine subject to the previous of the Provincial Government, whether all such officers and servants or any and, if so, which of shall become entitled on retirement to any such gratuities or compassionate allowance as aforesaid.

(4) Subject to any rules made under sub-section (3) and for the time being in force, the of making appointments and promotion to posts in the service of the Tribunal ; of granting leave to officers and servants holding such posts of ensuring, fining, withholding promotion from, reducing, suspending, removing, or dismissing such officers and servants for any breach of departmental rules or $scipline, or for carelessness, unfitness, neglect of duty or other misconduct and of discharging such officers and servant from the service of the Tribunal for any other reason, shall be exercised by the President of the Tribunal.

Payments by Authority on account of Tribunal:- The amount necessary for the payment of rrnuneration, salaries, leave allowance and acting allowances in accordance with Section 99 and 100 shall by the Authority.

Power to make rules for Tribunal :w:.ction of the Provincial Government, make rules (l) not The inconsistent President with of the the Tribunal Code of may, Civil with Procedure, the previous1908 , Act of 1908), for the conduct of business by the Tribunal.

All such rules shall be published in the Official Gazette.

Award of Tribunal how to be determined :- (l) For the purpose of determining the award to be —de by the Tribunal under the Land Acquisition Act, 1894 (l of 1894), as amended for the purposes of

if there is any disagreement as to the measurement of land, or the amount of compensation or costs to be allowed, the opinion of the majority of the members of the Tribunal shall prevail ; questions relating to the determination of the persons to whom compensation is payable or the appointment of compensation may be tried and decided in the absence of the assessors if the President of the Tribunal considers their presence unnecessary, and when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal ; and

(c) notwithstanding anything contained in the foregoing clauses, the decision on all questions of law and procedure shall rest solely with the President of the Tribunal.

(2)               Questions as to the measurement of land or the amount of compensation or costs to be under award shall be decided in accordance with clause (a) sub-section (l).

(3)               Every award of the Tribunal, and every award made by the Tribunal for the payment of

•mrr•.. shall be enforceable by the Court of Small Causes, as if it were a decree of that Court.

 

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(l) In any case in which the Provinc; 104.                Abandonment of acquisition on special payment :-

Government has sanctioned the acquisition of land in any area comprised in an improvement scher1Å which is not required for the execution of the scheme, the owner of the land, or any person having interest therein, may make an application to the Authority, requesting that the acquisition of the land sh0& be abandoned in consideration of the payment by him of a sum to be fixed by the Authority in that behalf

(2)            The Authority shall admit every such application if it

(a)                reaches it before the time fixed by the Collector under Section 9 of the Land Acquisit•l Act, 1894 (l of 1894) for making claims in reference to the land, and

(b)               is made by all persons who have interests in the land greater than a lease for year havi seven years to run.

(3)              If the Authority decides to admit any such application, it shall forthwith inform Collector, and the Collector shall thereupon stay for a period of three months all further proceedings for acquisition of the land, and the Authority shall proceed to fix the sum in conside!ation of which : acquisition of the land may be abandoned.

(4)              Within the said period of three months, or with the permission of the Authority, at time before the Collector has taken possession of the land under Section 16 of the Land Acquisition A

1894 (l of 1 894), the person from whom the Authority has arranged to accept the sum so fixed may, if

Authority, is satisfied that the security offered by him is sufficient, execute an a agreement with

Authority, either

to pay the said sum three years after the date of the agreement or,

(ii) to leave the said sum outstanding as a charge on his interest in the land, sub to the payment in perpetuity of interest at such rate not exceeding six percent annum as the Provincial Government may fix by notification and to make first annual payment of such interest four years after the date of the agreemen

Provided that the Authority may, at any time before the Collector has taken possession of the under Section 16 of the Land Acquisition Act, 1894 (l of 1894), accept immediate payment of the sums instead of an agreement as aforesaid.

(5)         When any agreement has been executed in pursuance of sub-section (4), or when payment has been accepted in pursuance of the provision to that sub-section respect of any land. proceeding for the acquisition of the land shall be deemed to be abandoned.

(6)         Every payment due from any person under an agreement executed under sub-sectior shall be a charge on the interest of the person.

(7)         If any installment of interest payable under an agreement executed in pursuance of ea (ii) of sub-section (4) is not paid on the date on which is due, the sum fixed by the Authority under section (3) shall be payable on that date in addition fo the said installment.

(8)         At any time after an agreement has been executed in pursuance of clause (ii) of section (4) any person may pay off the charge created thereby, with interest, the rate fixed unde provisions of that sub-section up to the date of such payment.

(9)         When an agreement in respect of any land has been executed by any person in purs.l of sub-section (4) no suit with respect to such agreement shall be brought against the Authority b other person except an heir, executor or administrator of the person first aforesaid claiming to ha interest in the land.

105. Excess Condemnation:- In the event that the Authority decides that, as a result of an.\ development or improvement scheme, acquisition of adjoining land in excess of that needed for the improvement or scheme is desirable in the best interest of comprehensive development, the Authoriti in connection with such development or scheme acquire such excess land and may, after plann:l

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making the development or improvement, sell, lease or otherwise dispose of such excess land by public private sale or lease on such terms, conditions and requirement s for the future development of such excess land as it considers most suitable for the fulfillment of the development or scheme.

  1. Payment of betterment fee :- (l) When by the making of any improvement scheme, any land in the area comprised in the scheme which is not required for the execution thereof, is likely, in the opinion of the Authority, to be increased in the value the Authority in framing the scheme, may in lieu of proceeding to acquire such land, declare that a betterment fee shall be payable by the owner of the land or any; person having an interest therein in respect of the increase in value resulting from the execution of the scheme.
    • Such increase in value shall be the amount by which the value of the land on the completion of the execution of the Scheme estimated as if the land were clear of building exceeds the value of the land prior to the execution of the scheme estimated in the like manner, and the betterment fee shall be on-half of such increase in value.
    • No betterment fee shall be payable by
    • the Central Government or the Provincial Government in respect of any land which is the property of. or is managed by the Central Government or as the case may be, the Provincial Government ;
    • any local authority or any public institution in respect of any land belonging to such authority or institution if, and so long as, such land is used for public charitable or religious purposes.
  2. Assessment of betterment fee :- (l) When it appears to the Authority that an improvement schemes in sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority shall by a resolution passed in this behalf, declare that for the purpose of determining such fee the execution of the schemes shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of land to be assessed has been served under clause (a) of sub-section (l) of Section 49 or to the successor- in-interest of such person, as the case may be, that the ,Authority proposes to assess the amount of the betterment fee payable in respect of such land under Section 106.
    • The Authority shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of notice in writing of such assessment from the Authority, inform the Authority in uriting whether or not he accepts the assessment.
    • When the assessment proposed by the Authority is accepted by the person concerned within the period specified in sub-section (2) such assessment shall be final.
    • If the person concerned does not accept the assessment made by the Authority or fails to give the Authority the information required by sub-section (2) within the periou specified therein, the matter shall be determined by the Tribunal.
  3. Authority to give notice to person liable to payment of betterment fee:- When all betterment fees payable in respect of land have been determined under Section 106, the Authority shall, by a notice in writing to be served on all persons liable to pay the fee, fix a date by which such payment shall be made, md interest at the rate of six percent, per annum upon any amount due and unpaid shall be payable from hat date.
  4. Agreement to make payment of betterment fee a charge on land :- (l) Any person liable to pay a betterment fee in respect of any land may, at his option, instead of paying the same to the Authority, execute an agreement with the Authority to pay the betterment fee assessed in equal installment of 10

*Cent, of such fee until the assessment shall have been fully paid. Unpaid installment shall bear interest at rate of 6 % of any unpaid balance and shall be payable with each installment of the fee.

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  • Every payment due from any person in respect of a betterment fee and every charge referred to in sub-section (l). shall, notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equitable, created either before or after the commencement of this Ordinance, be the first charge upon interest of such person in such land.
  • If any installment of principal or interest due under an agreement executed in pursuance of sub-section (l) is not paid on the date on which it is due, the entire balance of the betterment fee shall, at the Authority’s option, become due together with any accrued interest on that date.
  • At any time after an agreement has been executed in pursuance of sub-section (l) any person may pay off the charge created thereby, with interest at six percent per annum up to the date of such payment.
  1. Recovery of money payable in pursuance of Sections 106 and 108 :- All betterment fee and interest thereon shall be recoverable by the Authority (together with interest due) from the said person or his successor-in-interest in such land as an arrear of land revenue or in the manner provided by the Municipal Act for the recovery’ of taxes levied under that Act, and if the said money is not so recovered the Chairman, after giving public notice of his intention to do so and not less than one month after the publication of such notice, may sell the interest of the said person or of his successor-interest by public auction and may deduct the said moneys due together with the expenses of the sale from the proceeds of the sale, and shall thereafter pay the balance if any, to the defaulter.

1 11. Authority to appoint persons for enforcement of dues :- The authority shall receive the cooperation of all other authorities or department s which enforce processes for recovery of taxes under the Municipal Act. Such authority or department shall aid the Authority in collecting such money as may be due under Section 109.

  1. Agreement for payment not to bar acquisition under a fresh declaration:- Assessment or payment of a betterment fee shall not be deemed to prevent the acquisition of the land subject to the fee if such land is thereafter required for any public purpose including an improvement scheme.
  2. Power to dispose of land :- (l) The Authority may retain, or may lease, sell, exchange, rent or otherwise dispose of any land vest in or acquired by it under this Ordinance.
    1. Whenever the Authority decides to lease or sell any land acquired by it under this

Ordinance from any person, it shall-

  • give notice through advertisement in newspapers published in the Quetta City.
  • Offer to the person or persons, from whom the land has been acquired, or their heirs, i executors or administrators, a prior right to lease or purchase such land, at rate to fixed by the Authority, if in its discretion it determines that such lease or sale is in the public interest.
  1. If in any case two or more persons claim to have the prior right referred to in clause (b) of sub-section (2) preference shall be given to the person who agrees to pay for the land at the highest rate ; not being a rate less than the rate fixed by the Authority under that clause.
  1. Declaration of Use Areas and location thereof :- (l) The Authority may, after giving notice in writing to the persons affected thereby and after giving such persons and opportunity of being heard, declare any area to be a use area.
    1. If within two years after such declaration has been notified in the official Gazette the area or any part thereof remains, in the opinion of the Authority, unreasonably unutilised or in adequately utilised, then upon suéh determination such area or part there of shall be valued by the Authority annually at the rate of 3 percent, of the value until such time as an improvement satisfactory to the Authority shall have been completed.

 

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(3) The tax revenues accruing under this Section shall belong to, and may be utilised for general purpose of the Authority.

CHAPTER-VII.

WATER SUPPLY.

115.           Supply of water to constituent bodies:- The Authority shall supply to each constituent body, subject to such terms and conditions (including the levy of an enhanced rate) as may be agreed upon between the Authority and the constituent body, or if the combined demands of the constituent bodies together are more than the Authority can supply, then such quantity as the Authority may determines in respect of such constituent body.

116.           Supply of water to individual consumers:- The Authority may supply water to any consumer-

(a)               if his residential or commercial premises is situated within such Authority’s schemes, which are under completion ; and

(b)               if the water is taken at a point outside the area subject to the jurisdiction of a Municipality under the Municipal Act : Provided that water is available after supplying water to the constituent bodies, under the agreement referred to in Section 1 15.

117.           Constituent bodies and individual consumers to pay cost of supply :- Save as provided in Section 1 15, every constituent body and individual consumers shall pay for the water supplied to it or to him at the rate and in the manner prescribed by regulations or tariff to be made or enforced by the .Authority.

118.           Summary recovery of dues:- If any constituent body fails, within one month of the receipt of a demand for any sum claimed by the Authority, to pay such sum in full summary recovery of dues may be effected in the manner prescribed by the regulations.

119.           Right of user in property :- (l) The Authority shall have the right to place and maintain Nueducts, conduits and lines of mains or pipes over, under along or across any immovable property Lithout acquiring such property, and shall have the right at any time for the purpose of examining, repairing, altering or removing any aqueduct, conduit or lines or mains or pipes, enter on any property, .•.er, under, along or across which the aqueduct, conduit or line of mains or pipes has been placed •

Provided that except as otherwise provided in this Ordinance the Authority shall not acquire any :-izht other than the rights as aforesaid in respect of any property over, under, along or across which any z;ueducts, conduits or line or mains or pipes, is placed.

(2) The powers conferred by sub-section (l) shall not be exercisable in respect of any soperty vested in or under the control or management of the Provincial Government or any local authority railway administration, save with the previous permission of the Provincial Government concerned or local authority or railway administration, as the case may be, and in accordance with any rules made in ms behalf under this Ordinance :

Provided that the Authority may, without such permisSion, repair, renew or amend any existing of which the character or position will not thereby be altered if such repair, renewal or amendment is necessary in order to maintain the supply of water without interruption, or is such that delay would z-zzerous to human life or property.

Compensation for damage :- In the exercise of the powers conferred upon it by Section 1 19 the shall cause as little damage and inconvenience as may be possible, and shall make reasonable compensation for any damage or inconvenience caused by it.

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121.           Penalties for obstruction, etc., in respect of water supply scheme :- (l) Any person who

(a)                willfully obstructs any person acting under the authority of the Authority in setting out the line or any works, or pulls up or removes any pillar, post or stake fixed in the ground for the purpose of setting out the line of such works, or defaces or destroys any works made for that purpose ; or

(b)               willfully or negligently breaks, injures or opens any lock, dock valve pipe or other water work belonging to the Authority ; or

(c)                unlawfully obstructs the flow of, or flushed, draws off, diverts or takes water from, any water work belonging to the Authority, or any water or steam by which any such water work is supplied ; or

(d)               unlawfully breaks or damages any electrical transmission lines maintained by the Authority ; or

(e)                obstructs any officer or servant of the Authority in the discharge of his duties under this Ordinance or refuses or willfully neglects to furnish him upon his request with the means necessary for making any entry, inspection, examination, or inquiry thereunder in relation to any water work ; or bathes in , at or upon water work, or washes, throws or causes to enter therein any animals or throws any rubbish, dirt, filth or other offensive matter into any water work, or washes or cleans therein any cloth, wool or leather or the skin of any animal, or causes or washes or cleans therein any cloth, wool or leather or the skin of any animal, or causes the water of any sink, sewer or drain of any steam engine or boiler or any other dirty water to return or be brought into any water work, or does any other act where by the water in any water work is fouled or likely to be fouled :

shall be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both.

(2)      No prosecution under sub-section (l) shall be instituted except upon a complaint signed

by the Chairman or by a person authorised by him in his behalf.

CHAPTER -Vill

MISCELLANEOUS PROVISIONS.

122.           Officers, servants, etc, deemed to be public servants :- Every member of the Governing Body, over officer and servant of the Authority , and every member, officer, and servant of the Tribunal, shall be deemed to be a public servant within the meaning of Section 21 of the Pakistan Penal Code (Act XLV 1860).

123.           Delegation of powers :- (l) Government may, by notification, delegate any of its powers under

this Ordinance or the rules or regulations to any officer subordinate to it or the Authority ;

(2)             The Authority may, with the previous sanction of Government, delegate any of its powers ,

under this Ordinance or the rules or regulation to its Chairman, Director General, Secretary or any of its I officers or member or sub-Committees.

(3)             An Officer may, delegate all or any of its powers under this Ordinance or the rules or regulations not being powers delegated to him under sub-section (2) to any of its subordinates.

124.           Authority may in certain circumstances exercise power of Municipality under Municipal’ Act:- In any area Provisional Government may, by notification in the official Gazette, declare that from sucl) date is may be specified therein the Municipality shall not exercise or discharge any powers functions under the Municipal Act and that subject to such restriction, and modification if any, as may specified in the notification, the powers and functions of the Municipality under the said Act shall exercised and discharged by the Authority :

Provided that if the Municipality deems it necessary that the Authority should take action any d the provision of the said Act, it may request the Authority to takes such action, and the Authority shalexcept here in after provided, comply with such request, and if the Authority does not comply with sua request it shall state the reasons there for and shall submit the matter to the Provincial Government, who* decision shall be final.

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Authority and Chairman to exercise powers and functions under the Municipal Act :- (l) In my area in respect of which an improvement scheme is in force, the Provincial Government may by t»tification declare that for the period during which such scheme remains in force and subject to such restrictions and modifications as may be prescribed_

the powers including the powers to levy taxes, and function of the Municipality or the Standing Committee thereof under the Municipal Act shall be exercised and discharged by the Authority ; and

(ii) the powers and the functions of the Chairman or Chief Officer of the Municipality under the said Act shall be exercised and discharged by the Chairman.

  • The Authority or the Chairman may delegate any function exercisable by it or him under sub-section (l) to any officer or servant of the Authority .
  • The exercise or discharge of any power of function delegated under sub-section (2) shall subject to such limitations, conditions and control as may be laid down by the Authority or the Chairman, as the case may be.

126. Powers of the Authority for facilitating movement of the population :- To facilitate transport

Ed communications in and around the city, the Authority may_ subject to any conditions it may think fit to impose

  • guarantee the payment or make advances, from funds at its disposal, of such sums as it may think fir, by way of interest or capital expended on the construction, maintenance, or working of means of transport ; or
  • make such payments as it may think fit for from the said funds, by way of subsidy to users or to persons, undertaking to provide, maintain and work means of transport ; or
    • by itself or in combination with any other person, construct, maintain and work any means of transport, under the provisions of any law applicable hereto ; or
    • construct, or widen, strengthen or other wise improve bridges :

Provided that no guarantee or subsidy shall be made under sub-section (I) and no means of z-nsport shall be constructed, maintained or work under sub-section (ii), without the previous sanction of m: Provincial Government.

  1. Saving of Telegraph, Railways and Electricity Acts :- Nothing in this Ordinance shall effect the aeration of the Telegraph Act, 1885 (Xll of 1885) , or the Railways Act, 1890 (IX of 1890), or the Electricity Act, 1910 (IX of 1910).

Cognizance of offences :- Notwithstanding anything contained in the Code of Criminal p—xedure, 1 898,mll offences under this Ordinance or any rule made thereunder shall, wherever committed, Sued by a Magistrate of the First Class.

(1) No Magistrate shall take cognizance of any offence punishable under this Ordinance, complaint of such offence is made:-

  • within six months next after the date of such offence ; or
  • if such date is not known or the offence is a continuing one, within six months next after the date on which the commission or existence of such offence was first brought to the notice of any officer or servant of the Authority whose duty is to report such offence to the competent officer of the Authority.

(2) When any person accused of an offence. under this Ordinance or any rule made which is punishable with fine only fails to appear before the Magistrate of the First Class, the may, notwithstanding anything in the Code of Criminal Procedure, 1898 (Act V of 1898), determine the case in his absence.

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130. Powers of Chairman as to institution composition etc,. of legal proceedings and obtaining legal advice:- The Chairman may, subject to the control of the Governing Body

  • institute, defend’of withdraw from any legal proceedings under this Ordinance or the rules made there under ;
  • compound any Offence against this Ordinance or the rules made there under which under any law for the time being in force, under the said rules may lawfully be compounded ;
  • admit, compromise, or withdraw any claim made under this Ordinance or the rules made there under ; and
  • obtain such legal advice and assistance as he may think necessary or expedite to obtain, or as he may be desired by the Authority to obtain, for any of the purposes referred to in the foregoing sub-section or for securing the lawful exercises or discharge of any power or duty vested in or imposed upon the Authority or any officer or servant of the Authority.
  1. Indemnity to Authority etc:- (l) No suit, prosecution, or proceedings shall lie against the Authority or any member, or any officer or servant of the Authority or any person or persons acting under the direction of the Authority or of the Chairman or any officer or servant to the Authority, for anything in good faith done or intended to be done under this Ordinance or a rule, regulation or order made there under.
    • The Authority shall not be responsible for any misfeasance, malfeasance or non-feasance of any officer or employee appointed under this Ordinance :

Provided that pothing in this Section shall protect the Authority from a suit in respect of damage to property or injury to person or any other loss sustained by a person or percents.

  1. Notice of suit against Authority, etc:- (l) No suit shall be instituted against the Authority or any member or any person associated with the Authority or against any servant of the Authority or against any person or persons acting under the direction or authority of the Chairman or of any officer or servant of the Authority, in respect of any act purporting to be done under this Ordinance or the rules or regulations made there-under until the expiration of one month from the delivery of written notice at the Authority office or the place of abode of such member, officer, servant or person, stating the cause of action, the name and place of the intending plaintiff, and the nature of the relief sought.
    • In every such suit the complaint shall complaint shall contain a statement that such notice has been so delivered.
    • Notwithstanding anything in the Limitation Act, 1908 (IX of 1908) no such suit as is described in sub-section (l) shall, unless it is a suit for the recovery of immovable ploperty or for a declaration of a title thereto, be commenced otherwise than within six months next after the accrual of the cause of action.
  2. Proof of consent etc., of Authority Chairman or officer or servant of Authority:- Whenever under this Ordinance or the rules or regulations made there under, the doing of a thing or the omission to do a thing or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of
    • the Authority or the Chairman, or
    • any officer or servant of the Authority, a written document signed in case (a) by the Chairman, and in case (b) by the said officer or servant, conveying or setting forth such approval, sanction, consent, concurrence, declaration, .opinion, or satisfaction, shall be Sufficient evidence of such approval, sanction, consent concurrence, declaration opinion or satisfaction.

 

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134.           Validation of acts and proceedings :- (l) No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of

(a)               the existence of any vacancy in or defect in the constitution of, the Authority or any Committee ; or

(b)               any person having ceased to be a member ; or

(c)               the failure to serve a notice under Section 49 on any person where no substantial injustice has resulted from such failure ; or

(d)               any omission, defect or irregularity not affecting the merits of the case.

Every meeting of the Authority, the minutes of the proceedings of which have been duly signed by the person presiding, shall be deemed to have been duly convened and to be free from all defect and irregularity.

135.           General power of Authority to pay compensation:- In any case not otherwise expressly provided for in this Ordinance the Authority may pay reasonable compensation to any person who sustains damage by reason of any exercise of the powers vested by or under this Ordinance in the Authority or the Chairman, or any officer or servant of the Authority.

136.           Compensation to be paid by offenders for damage caused by them:- (1) If on account of any act or omission any person has been convicted Of any offence against this Ordinance or any rule made thereunder and by reason of the same act or omission of the said person, damage has been caused to any property of the Authority, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.

(2)                 Any dispute as to the amount of such compensation shall be determined by a Magistrate of the First Class.

(3)                 If the amount of any compensation payable under this Section be not paid, the same shall be recovered under warrant issued by a Magistrate of the First Class as if it were a fine imposed by him on the said person.

137.           Public notice how to be made known:- Every public notice given under this Ordinance or the rules or regulation made there under shall be in writing and shall be made known to the locality to be affected there by in not less than two of the following three ways

(a)               by affixing copies there of conspicuously in public within the said locality,

(b)               by publishing the same by beat of drum, or

(c)               by advertisement in newspapers published in Quetta City and by any other means, if the Chairman thinks fit.

138.           Newspapers in which advertisement or notice to be published:- Whenever it is provided by this Ordinance or any rule made there under that notice shall be given by advertisement in newspapers published in the Quetta City or that a notification or any information shall be published in newspapers, such notice, notification or information shall be inserted, if practicable in four newspapers.

139.           Stamping signature on notice or bills :- (l) Every notice or bill required by this Ordinance or the rule made thereunder to be signed by the Chairman, or any other member or any officer or servant of the Authority, shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman, or of such other member or such officer or servant, as the case may be, stamped there upon.

 

 

42

(2)          Every notice other than a public notice, and every bill issued by the Authority under this Ordinance shall, unless it is otherwise provided, be served or presented in duplicate and the person concerned shall keep one part and sign and return the counter part there of to the Authority.

(3)          No notice issued by the Authority under this Ordinance shall be invalid by reason only of a defect in form.

140.        Service how to be effected:- When any notice, bill or other documents is required by this Ordinance or any rules or regulations made there under to be served upon, issued or presented, shall be effected :

(a)               by giving or tendering the document to him ; or

(b)               if he is not found, by leaving the document at his last known place of abode or by giving or tendering the same to some adult male member or servant of his family ; or

(c)               if he does not reside in the City and his address else where is known to the Chairman, by for- warding the document to him by registered post under cover bearing the said address , or

(d)               if none of the methods mentioned in the preceding sub-section can be use, by causing a copy of the document to be affixed on some conspicuous part of the building or land (if any) to which it relates.

141.        Power to make surveys or contribute towards their cost:- The Authority may :

(a)               collect all such information and statistics as may be necessary for carrying out the purposes of this Ordinance ;

(b)               cause a survey of and land to be made, whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Ordinance, and keep such survey uptodate ; and

(c)               contribute towards the cost of the collection of any such information or statistics, or any such survey made by and other local authority.

142.        Power of entry:- The Chairman or any person either generally or specially authorised by the

Chairman in this behalf may, with or without assistants or workman, enter into or upon any land, in order-

(a)               to make any inspection, survey, measurement, valuation or inquiry,

(b)               to take levels,

(c)               to dig or bore into the sub-soil,

(d)               to set out boundaries and intended lines of work,

(e)               to make levels, boundaries and line by placing mark’s and cutting trenches, or

to do any other thing, whenever it is necessary to do for any of the purposes of this Ordinance or the rule or scheme sanctioned thereunder or any scheme which the Authority intends to frame thereunder : Provided that :-

(a)               no such entry shall be made between unset and sunrise ;

(b)               no dwelling house and no public building or hut which is used as a dwelling place shall be so entered, unless with the consent of the occupier there of, without giving the said

 

43

occupier not less than twenty-four hour’s previous written notice of the intention to make such entry ;

(c)               sufficient notices shall in every instance be given, even when- any premises may otherwise be entered without notice, to enable inmates of any apartment appropriated to women to remove themselves to some part of the premises their privacy will not be disturbed ;

(d)               due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious ugaoes of the occupants of the premises entered.

(2) The Authority shall be responsible for any damage that may be caused in connection with work done under sub-section ( l ).

143.           Punishment for acquiring share or interest in contract etc, with the Authority:- If any member or any officer or any servant of the Authority knowingly acquires, directly, or indirectly, by himself or by any partner, employer or employee otherwise than as such member, officer or servant, any share or interest in any contract or employment with, by or, in behalf of, the Authority, he shall be deemed to have committed an offence punishable under Section 168 of the Pakistan Penal Code (Act XLV of 1860).

144.           Penalty for removing fence, etc, in street :- If any person, without lawful authority-

(a)                removes any fence or shoring timber, or removes or extinguishes any light set up by the Authority ; or

(b)               infringes any order given, or removes any bar, chain or post fixed under Section 63 of this Ordinance, he shall be punishable with a fine which may extend to fifty rupees.

145.           Penalty for building within street alignment or building line:- (l ) If any person, without the permission of the Authority, erects, re-erects adds to or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any deferred street scheme, development scheme or town expansion scheme, he shall be punishable-

(a)               with a fine which may extend, in the case of a wall or masonry building, to five hundred rupees, and in the case of a hut, to fifty rupees, and

(b)               with a further fine which may extend, in the case of a wall or masonry building, to one hundred rupees, and in the case of a hut, to ten rupees for each day after the first during which the projection continues.

(2) (a) The owner for the time being of the wall or building so erected, re-erected, added to or altered, may be required by a written notice issued by the Chairman to stop further work on such wall or building and to alter or demolish the same in such manner and within such time as may be specified in the notice.

(b) Where the alteration or demolition directed by any such notice is not carried out as directed therein, the Chairman may cause the wall or building or portion there of to be altered or demolished, as the case may be, and the Authority may recover the expenses incurred in so doing from the owner for the time being, in such manner as may be prescribed.

146.           Penalty for failure to comply with requisition made by Authority:- If any person fails to comply at once with any requisition under this Ordinance he shall be punishable(a) with a fine which may extend to one hundred rupees, or

(b) in case of a continuing failure, with a fine which may extend to fifty rupees for each day after the first during which the failure continues.

contract on duty or of of this

to the made or

any if no

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by the be fixed case of

Provincial by may be

by the

otherwise which Authority

which, and agency

;

the or as the

this properties, and Provincial sub-

44

147.        Penalty for obstruction contractor removing marks:- Whoever

  • obstructs or molests any person with whom the Chairman has entered into a behalf of the Authority in the performance or execution by such person of his anything which he is empowered or required to do by virtue or in consequence Ordinance or any rule or regulation made there under, or
  • removes mark set up for the purpose of indicating any level or direction necessary execution of works authorised by this Ordinance or any rule or regulations scheme sanctioned there under,

shall be punishable with a fine which may extend to two hundred rupees. 148.     Penalty for breach of the provisions of this Ordinance etc:-        Whoever  contravenes provision of this Ordinance or of any rules or regulation made or scheme sanctioned there under shall, other penalty is provided for such contravention, be punishable —

  • with a fine which may extend to one thousand rupees or, in default, with imprisonment which may extend to six months ; and
  • in case of continuing contravention, with a fine which may extend to one hundred. for each day after the first during which the contravention continues.
  1. All sums due to the Authority shall be recoverable as arrears of land revenue:

Provides that no sum shall be recovered unless three months ‘s notice has first been given Authority to the person liable to pay the same, that the may pay by such installments as may notice, and that upon his so paying every installment on or before the due date the outstanding in any default in any installment including the first.

  1. Dissolution of Authority and transfer of its assets and liabilities to the Government and other agency determined by that Government:- (l) The Provincial Government notification in the official Gazette, declare that the Authority shall be dissolved on such date as specified in such notification, and the Authority shall stand dissolved accordingly.

(2)          On and from the said date —

  • all properties, funds and dues placed at the disposal of the Authority Provincial Government ; and

(ii) all properties, funds and dues exchanged for, derived from, or attributable to the properties, funds and dues referred to in paragraph (i), immediately before said date, were held by or were realisable by the shall vest in, and be realisable by the Provincial Government ;

  • all properties, funds and dues, other than referred to in sub-section (a), immediately before the said date, were vested in or were realisable by the Authority the Chairman of the Authority respectively shall vest in and be realisable by such as the Provincial Government may determine, and its decision there on shall be final
  • all liabilities which, immediately before the said date, were enforceable against Authority shall be assumed by and be enforceable against the Provincial Government such agency as the Provincial Government has determined under sub-section (b), case by ;
  • for the purpose of completing the execution of any scheme sanctioned under Ordinance which has not been fully executed by the Authority and of realizing funds and dues referred to in sub-section (a) and (b), the functions of the Authority the Chairman of the Authority under this Ordinance shall be discharged by the Government or by the agency determined by the Provincial Government under section (b) and (c), as the case may by ; and

 

45

(e) the agency referred to in sub-section (b) , (c) shall keep such accounts of all money ‘s respectively received and expended by it under this Ordinance as the Provincial Government may prescribe.

151.            Repeal etc:- (l) The Town Improvement Act, 1922 (Punjab Act IV of 1922) (hereafter referred to as the said Act) is hereby repealed.

(2)      Any rule, order or appointment made, any nötification issued, any sanction or direction given, any fund, place .or any other thing done or any action taken or any proceedings commenced before the commencement of Quetta Development Authority Ordinance, 1976 (Balochistan Ordinance No. VI of 1976) shall be deemed to have been made, issued, given, placed, done, taken, or commenced under this Ordinance shall have effect accordingly:

(3)      Not with standing the aforesaid repeal:

all property held by the Quetta Improvement Trust shall vest in the Authority ;

(ii)             every appointment, order, rule and regulation made or issued under the said Act, or the said Ordinance and in force immediately before the commencement of this Ordinance shall so far as it is inconstant with the provisions of this Ordinance, be deemed to have been made or issued under this Ordinance, as if this Ordinance was in force at the time at which such appointment, order, rule or regulation were made or issued ;

(iii)           all debts and obligations incurred or contracts entered into or rights acquired and all matters and thing engaged to be done by, with or for, the Quetta improvement Trust or the Authority before the commencement of this Ordinance, shall be deemed to have been incurred, entered into acquired or engaged to be done, by with qr for, the Authority ;

(iv)           all sums of money due to the Quetta Improvement Trust or the Authority unpaid at the commencement of this Ordinance, shall be due and payable to the Authority ;

(v)             all suits and other legal proceedings instituted by or against the Quetta

Improvement Trust or the Authority before the commencement of this Ordinance may be continued by or against the Authority ; and

(vi)           references to the Quetta Improvement Trust in any instrument executed before the commencement of the Quetta Development Authority Ordinance, 1976 (Balochistan Ordinance No. VI of 1976) shall unless a different intention appears, be construed as references to the Authority.

152.            Winding up of the Authority:- “No provision of Law relating to the winding up of companies and Corporations shall apply to the Authority, and the Authority shall not be wound up except by order of the Government and in such manner as it may direct.

Quetta:     Mr. Justice Mir Khuda Bakhsh Marri Dated the 27dl January 1978.                Governor of Balochisan.

SCHEDULE

(See Section 97)

1.            After clause (e) section 3 of Land Acquisition Act 1894 (hereinafter in this Schedule referred to as the said Act), the following clause shall be deemed to be inserted, namely:

“(ee) the expression” local authority” includes the Quetta Development Authority, established under section 3 of the Quetta Development Authority Ordinance, 1977.

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46

2.                  (l) The first publication of a notice of an improvement scheme under Section 47 the Quetta Development Authority Ordinance, 1977, shall be substituted for and have the same effect as publication in the official Gazette and in the locality of a notification under sub-section (l) of section 4 of the said act except where a notification under sub-section (l) of section 4 or a declaration under section 6 of the said Act has been previously made and is in force.

(2)               Proceedings under Section 47 and sub-section (l) of Section 51 of the Quetta Development authority Ordinance, 1977, shall be substituted for and have the same effect as proceeding nder section 5A of the said Act.

(3)               Subject to the provisions of paragraph 6 and 7 of this Schedule, the issue of a notice under clause (c) of sub-section (3) of Section 38 of the Quetta Development Authority Ordinance, 1977, in the case of land proposed to be acquired in pursuance of that sub-section, and in any other case the publication of a notification under Section 52 of that Act shall be substituted for and have the same effect as a declaration under-section 6 of the said Act except where a declaration under the last mentioned section have been previously made and is in force.

3.                  In section I l the said Act the word “and” shall be omitted in clause (ii) and added at the end of clause (iii) and, after clause (iii) the following clause shall be inserted :

“(iv) the cost which, in his opinion, should be allowed to any person who is found to be entitled to compensation and who is not entitle to receive the additional sum of fifteen percent, mentioned in sub-section (2) of section 25 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector:

Provided that the Collector may disallow wholly or in part the costs incurred by any person if he considers that the claim made by such person is extravagant,.”

4.                  In section 15 of the said Act, for the word and figures “and 24” the figures, word and letter “24 and 24 A” shall be deemed to be substituted.

5.                  In sub-section (3) 17 of the said Act after the word and figures “Section 24” , the word, figures and letter “or section 24A”, shall be deemed to be inserted.

(2)               After sub-section (4) of section 17 of the said Act, the following sub-section shall be deemed be inserted, namely:

(5)               The provisions of sub-section (l) and (3) shall apply in the case of any area which is stated in a certificate granted by a magistrate ofthe first class to be unhealthy.

(6)               Before granting any such certificate, the magistrate shall cause notice to be served as promptly as may be on the person referred to in sub-section (3) of section 9 and shall hear without any avoidable delay any objection which may be urged by him.

(7)               When proceeding have been taken under this section for the acquisition of any land and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.”

6.                  After section 17 of the said Act, the following section shall be deemed to be inserted, namely:-

“17A. Transfer of land to Authority:- In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition make over charge of the land to the Authority, and the land shall thereupon vest in the Authority, subject to the liability of the Authority to pay any further costs which may be incurred on account of its acquisition.”

7 In sub-section (l) of section 23 of the said Act for clauses first and sixthly, the following clauses shall respectively be deemed to be substituted, namely :-

47

“first, the market value of the land at the date of the first publication of the notice under Section 47 of the Quetta Development authority Ordinance, 1977.

Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the date referred to in clause first and date on which the Collector takes possession of the land.”

  • In the same section, to sub-section (2), the following provision shall be deemed to added, namely :-

“Provided that this sub-section shall not apply to any land acquired under the Quetta Development authority Ordinance, 1977.”

  • In the same section, after sub-section (2) the following sub-section shall be deemed to be added, namely :-

(3)            For the purpose of clause first of sub-section (1 ) of this section:-

  • if the market value of the land has been increased or decreased owing to the land falling with or near to the alignment of a projected public street so much of the increase or decrease as may be due to such cause shall be disregarded ;
  • if any person, otherwise than in accordance with the provisions of the Quetta Development Authority Ordinance, 1977, erects, re-erects, adds to or alters any wall or building so as to make, the same project into the street’alignment or beyond the building line prescribed by any scheme made under that Ordinance, then any increase in the market value resulting from such erection, re-erection, addition or alteration, shall be disregarded ;
  • if the market value is exceptionally high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value Of the land if put to an ordinary use ;
  • if the market value of any building is exceptionally high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such over crowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without overcrowding ;

Provided that clause (d) shall not apply in the case of a building which is in the actual occupation of the owner or his family ;

  • the market value of the land shall be the value according to the use to which the land was put at the date with reference to which the market value is to be determined ;
  • if the market value has been increased by any improvement made by the owner or his predecessor within two years before the aforesaid date such increase shall be disregarded unless it is provided that the improvement so made was made tin good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act ;
  • when the owner of land or building has, after the commencement of the Quetta Development Authority Ordinance, 1977, and within the two years next preceding the date with reference to which the market value is to be determined, made a return under the Municipal Act, of the Aforesaid land or building the rent in such cases shall not be deemed to be grater than the rent shown in the latest return so made an the market value shall be determined on the basis of such return :

 

48

Provided that where addition to, or improvement, of such land or building has been made after the date of such return but previous to the date with reference to which the market value is to be determined. the Court may consider any increase in the letting value due to such addition or improvement.”

8.                  For clause seventhly of section 24 of the said Act, the following clauses shall be deemed to be substituted, namely :-

“Seventhly, any outlay on additions or improvements to land acquired, which was incurred after the date with reference to which the market value is to be determined, unless such additions or improvements were necessary for the maintenance ofany building in a proper state of repair.”

9.                  After section 24 of the said Act, the following section shall be deemed to be inserted, namely :-

“24 A. Further provisions for determining compensations:- In determining the amount to be awarded for any land acquired for the Authority under the Quetta Development authority Ordinance, 1977 regard shall also be had to the following provisions, namely :-

(l) When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value is to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land.

(2)               If, in the opinion of Court, any building is insanitary or is not in a reasonably good state of repair, the amount of compensation shall not exceed the sum which the Court considers the building •would be worth if it were made sanitary or put into a reasonably good state of repair ‘ as the case may be, minus the estimated cost of so making it or putting it into such condition.

(3)               If, in the opinion of the Court, any building used or intended or likely to-be used for human habitation, is not reasonably capable of being made fit for human habitation the amount of compensation shall not exceed the value of the materials of the building minus the cost of demolishing the building.”

10.               After section 48 of the said act, the following section shall be deemed to be inserted, namely:-

“48 A. Compensation for delay in making award — (1) Where the Collector has not made any award and section I I in respect of any land yithin a period of two years from the date of publication of the declaration under section 6 or of the issue of a notice under section 38 of the Quetta Development Authority Ordinance, 1977, or of the publication of a notification under Section 52 ofthat Ordinance, as the case may be, the owner of the land shall, unless he has been responsible to a material extent for the delay, be entitled to receive compensation for the damage suffered by him in consequence of the delay.

(2)               the provisions of par (Ill) of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.”

1 1. After sub-section (l) of section 49 of the said Act, the following shall be deemed to be inserted, namely :-

“(laa) For the purposes of sub-section (l) land which is held with and attached to a house and is reasonably requir.ed for the enjoyment and use of the house shall be deemed to be part of the house.”

Quetta:     Mr. Justice Mir Khuda Bakhsh Marri, Dated the 27th January, 1978   Governor of Balochistan.

Fakhrud-din H. Shaikh,

Secretary

Government of Balochistan, Law Department.

 

 

Preamble.

Short title and Commencement.

Amendment Of

Section 8 of Ordinance IV of 1978.

Amendment of

Section 31 of Ordinance IV of 1978.

Amendment of

Section 42 Of Ordinance IV of 1978.

Amendment of

Section 43 of Ordinance IV of 1978.

Amendment of

Section 51 of Ordinance IV of 1978.

Amendment of

Section 95 of Ordinance IV of 1978.

Amendment of

Para 3 of

Schedule of Ordinance IV of 1978.

Dated QUEITA,

The 25 th March, 1985.

50

WHEREAS it is expedient to amend the Quetta Development Authority Ordinance, 1978, for tE purpose hereinafter appearing ;

AND WHEREAS the Governor is satisfied that circumstances exist which render it necessary to tak:

immediate action ;

NOW, THEREFORE, in exercise of the powers conferred by Article 128 of the Constitution, with Article 2 of the Provisional Constitution Order, 1981 (C.M.L.A Order No.l of 1981), the Governor Balochistan is pleased to make and promulgate the following Ordinance:-

(I) This Ordinance may be called the Quetta Development Authority (Amendment) Ordinance, 1985

(2) It shall come into force at once and shall be deemed to have taken effect on the day of December, 1984.

2.                   In the Quetta Development Authority Ordinance, 1978, hereinafter referred to as of the said Ordinance, after sub-section (6) of section 8, the full stop occurring at the end shall be substituted by a colon and thereafter the following proviso shall be added, namely:-

“Provided that no appeal shall be decided unless the appellant or the person likely to be affected thereby is afforded an opportunity of being heard.”

3.                   In the said Ordinance, after clause (v) of section 31 a new clause shall be added, namely:-

“(w) construction of mosque, where ever necessary, in any residential area and earmarking of the plot for the said purpose.”

4.                   In the said Ordinance, in sub-section (6) of section 42, after the words “Provincial Government” and before the words” shall be final” the following words shall be inserted:-

“made after giving an opportunity of being heard to the person affected thereby.”

5.                   In the said Ordinance, in sub-section (4) of section 43, after the words “decision of the authority” and before the words “shall be final”, the following words shall be inserted:-

“made after giving an opportunity ofbeing heard to the owner”

6.                   In the said Ordinance, in sub-section (2) of section 51, after the words “and the Provincial Government” and before the word “shall” the words ” after affording him an opportunity.of being heard” shall be inserted.

7.                   In the said Ordinance, in section 95, for the words “or any other law for the time being in force” the words, bracket and figures “or the Quetta Acquisition Of Land (Housing and Development Schemes) Ordinance, 1979 (XVII of 1979)” , shall be substituted.

8.                   In the said Ordinance, in para 3 of the Schedule from clause (iv) of section I l of para 3 of Land Acquisition Act, 1894, the words “and who is not entitled to receive of the additional sum of fifteen percent” shall be omitted.

Lt. General K. K. Afridi, Governor Balochistan.

Qaisar Ahmad Hamidi,

Secretary

Government of Balochistan, Law Department.

 

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EXTRAORDINARY

REGISTERED No. S-2771.

THE BALOCHISTAN GAZETTE

PUBLISHED BY AUTHORITY

No. 271                           QUETTA WEDNESDAY NOVEMBER

BALOCHISTAN PROVINCIAL ASSEMBLY SECRÉTARIAT.

NOTIFICATION

Quetta, the 6th November, 1985.

No. LEGIS-III (6)/85. The Quetta Development Authority (Amendment) Bill, 1985 having been passed by the Provincial Assembly of Balochistan on 9th October,

1985 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly.

THE QUETTA DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 1985.

BALOCHISTAN ACT NO. VI OF 1985.

(First published after having received the assent ofthe Governor of Balochistan in the

Balochistan Gazette (Extra-ordinary) dated 6th November, 1985.)

ACT

To amend  the Quetta Development Authority Ordinance, 1978 (IV of 1978).

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Preamble

Short titled and

Commencement.

Amendment of section 8 of Ordinance IV of 1978.

Amendment of section 31 of Ordinance IV of 1978.

Amendment of section 42 of Ordinance IV of 1978.

Amendment of section 43 of Ordinance IV of 1978.

Amendment of section 51 of Ordinance IV of 1978.

Amendment of section 95 of Ordinance IV of 1978.

52

WHEREAS it is expedient to amend the Quetta Development Authority Ordinance, 1978, in the manner hereinafter appearing

It is hereby enacted as follows:-

1.                  (1) This Act may be called the Quetta Development Authority (Amendment) Act, 1985.

(2) It shall come into force at once and shall be deemed to have taken effect on the 1 st day of December, 1984.

2.                  In the Quetta Development Authority Ordinance, 1978, hereinafter referred to as the said Ordinance, after sub-section (6) of section 8, the full stop occurring at the end shall be substituted by a colon and thereafter the following proviso shall be added, namely:-

“Provided that no appeal shall be decided unless the appellant or the person likely to be affected thereby is afforded an opportunity of being heard.”

3.                  In the said ordinance, after clause (v) of section 31 a new clause shall be added, namely:-

“(w) construction of mosque, whereever necessary, in any residential area and earmarking of the plot for the said purpose.”

4.                  In the said Ordinance, in sub-section (6) of section 42, after the words “the Provincial Government on any such revision” and before the words “shall be final” the following words shall be inserted:-

“made after giving an opportunity of being heard to the person affected thereby.”

5.                  In the said Ordinance in sub-section (4) of section 43, after the words “the decision of the Authority there on” and before the words “shall be final” the following words shall be inserted:-

“made after giving an opportunity of being heard to the owner.”

6.                  In the said Ordinance, in the sub-section (2) of section 51, after the words “and the Provincial Government” and before the word “shall the words “after affording him an opportunity of being heard” , shall be inserted.

In the said OrdinanCe, in section 95, for the words “or any other law for the time being in force” the words, bracket and figures “or the Quetta Acquisition of Land (Housing and Development Scheme) Ordinance, 1979 (XVII of 1979)” shall be substituted.

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