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GILGI ACT NO. III OF 2012

GILGIT-BALTISTAN DEVELOPMENT OF 

CITIES, 2012

An Act to provide for The development of cities in 

the Gilgit-Baltistan

[Gazette of Pakistan, Extraordinary, Part-I, 15th October, 2012]

Preamble.—WHEREAS it is expedient in the public interest to establish a comprehensive system of planning and development in order to improve the quality of life in the cities of the Gilgit-Baltistan, establish an integrated development approach and a continuing process of planning and development, to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes, relating to the improvement at the environment of housing, industrial and trade development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal and matters connected therewith and incidental thereto:

2.  It is hereby enacted as follows:-

CHAPTER-I 

PRELIMINARY

1.       Short title, extent and commencement.—(1) This Act may be called the Gilgit-Baltistan Development of Cities Act, No. III of 2012.

(2)     It shall extend to the whole of the Gilgit-Baltistan.

(3)     It applies to the city or cities as the Government may, by notification, specify from time to time.

2.       Definitions.—In this Act, unless the context otherwise requires:–

 

(a)     "Agency" means an agency established by the Authority to perform one or more of its functions under this Act;

(b)     "Area" means the whole or any part of the city;

(c)     "Authority" means the Development Authority created under Section 4 of this Act;

(d)     "Chairman" means the Chairman of the Authority;

(e)     "City" means an area declared by the Government to be a city for the purpose of this Act;

(f)      "Controlled area" means an area notified as such by the Authority;

(g)     "Deputy Commissioner" means the Deputy Commissioner of the district concerned and includes any other officer appointed by the Authority to exercise all or any of the powers and discharge any of the functions under this Act;

(h)     "Government" means the Government of the Gilgit Baltistan;

(i)      "Government Agency" includes:–

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

(k)     a "Local Body" means the local body, the local council or the municipal body as established under law for the time being in force having jurisdiction in the area concerned.

(l)      a developmental or any other public authority, company or corporation (whether autonomous or semi-autonomous) owned or controlled by Government or a [local Body];

(m)    "land" includes earth, mountains, glaciers, water and air, above, below or on the surface and any improvements in the structure customarily regarded as land and benefits arising out of land and things attached to earth or permanently fastened to earth;

(n)     "Member" means a member of the Authority and includes its Chairman;

(o)     "Person" includes an individual, company, firm, cooperative society or association of individuals whether incorporated or not;

(p)     "Prescribed" means prescribed by rules or regulations;

(q)     "Rules" means rules made under this Act.

(r)      "Scheme" means a planning scheme or a development scheme made under this Act.

(s)      "Specified Area” means the areas specified in the schedule as notified by the Government, and such other area as may from time to time be included therein by the Government by notification in the official Gazette.

3.       Declaration of any area to be a city and alteration of the limits thereof.—(1) For the purpose of this Act, the Government may, by notification, declare any area to be a city.

(2)     The Government may, at any time, extend, curtail or otherwise alter the limits of a city.

4.       Application of this Act and establishment of an Authority.—(1) The Government may by notification establish an Authority for the city to which this Act has been applied.

(2)     The Authority shall be known by the name as may be specified by the Government.

(3)     The Authority shall be a body corporate, having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire, hold and transfer property both movable and immovable, and may, by its name sue or be sued.

(4)     The Authority shall consist of a Chairman and Members, whose number and qualification shall be ascertained by the Government.

(5)     Membership of the Authority may be altered, increased or decreased by the Government.

(6)     No act or proceedings of the Authority shall be invalid merely by reason of any vacancy in, or defect in, the constitution of the Authority.

(7)     The Government may designate one or more members of the Authority as Vice Chairman.

(8)     A Vice Chairman shall perform such functions as may be assigned to him by the Authority.

5.       Disqualification of members.—No person shall be, or shall continue to be a member who—

(a)     is or, at any time, has been convicted of an offence involving moral turpitude; or

(b)     is or, at any time, has been adjudicated insolvent; or

(c)     is found to be a lunatic or of unsound mind; or

(d)     is a minor; or

(e)     has a financial interest in any scheme or a conflicting interest, directly or indirectly, between his interests as a member and his private interest, and has failed to disclose such interest in writing to the Government.

6.       Meetings.—(1) The Authority shall meet at such place and at such time and shall observe such rules of procedure in regard to transaction of business al its meetings as may be prescribed.

(2)  The meetings of the Authority shall be presided over by—

(a)     the Chairman;

(b)     in the absence of the Chairman, the Vice Chairman;

(c)     in ease there are more than one Vice Chairmen, in accordance with such priority as may be determined by the Authority; and

(d)     in the absence of the Chairman as well as the Vice Chairman, by a member of the Authority elected for the purpose by the members present, from amongst themselves.

CHAPTER-II 

POWERS AND FUNCTIONS OF THE AUTHORITY

7.  Powers and functions of Authority.—(1) Subject to the provisions of this Act and any rules framed there under, the Authority may exercise such powers and take such measures as may be necessary for carrying out the purposes of this Act.

(2)  Without prejudice to the generality of the provisions of the foregoing sub-section, the Authority may—

(i)      initiate and maintain a continuous process of comprehensive development planning for the area with the objective of preparing a development plan;

(ii)     periodically update such a development plan and coordinate its implementation by the Authority or Government agencies within the area;

(iii)    develop, operate and maintain water supply, sewerage and drainage system within the area;

(iv)    prepare Annual Development Programme for the area, ensure compliance of the Annual Development Programme with priorities established in the development plan after its preparation and evaluate performance under the Annual Development Programme at the end of each year;

(v)     establish, maintain and periodically revise as necessary, planning controls and building regulations for the area to;

(vi)    provide appropriate urban design and protect public safety; and

(vii)   ensure compliance with the development plan after its preparation,

(viii)  prepare, implement and enforce schemes for environmental, improvements, housing, urban renewal including slums improvement and re-development, solid waste disposal. transportation and traffic, health and education facilities and preservation of objects or places of historical, archaeological, scientific, cultural and recreational importance;

(ix)    take any steps or adopt any measures for the face lifting and beautification of the area;

(x)     acquire property, both movable and immovable;

(xi)    sell, lease, exchange or otherwise dispose of any property vested in it;

(xii)   undertake any works and incur any expenditure;

(xiii)  procure machinery instruments or any other material required by it;

(xiv)  enter into contracts;

(xv)   cause studies, surveys, experiments, technical researches or contribute towards the cost of any such studies, surveys, experiments of technical researches made by any other Agency;

(xvi)  issue interim development order for the area for which a scheme is under preparation and restrict or regulate by general or special order, any change in the use of land and alteration in building structure and installation;

(xvii) seek and obtain advice and assistance for the preparation of any scheme, or for the execution of any scheme from any Government agency or person and such agency or person shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgment and the additional expenditure, if any, involved in giving such advice or assistance shall be borne by the Authority; and

(xviii)          establish an agency/agencies and entrust to it such powers and functions as it may deem fit with the approval of the Government.

(3)  The Authority may, or if so directed by the Government shall prepare master plan and phased master programmes for the development of any part or whole of the specified area of the District concerned and all such plans and programmes prepared from time to time shall be submitted to the Government for approval. Provided, that the Authority may issue interim development orders for areas for which master plan is being contemplated or is under preparation and restrict or prohibit by general or special order any change in the use of land and alteration in buildings, structures and installation.

8.  Delegation.—The Authority may, by general or special orders, delegate to the Director-General or a Committee constituted under Section 10 or a member or an officer of the Authority, any of its powers, duties or functions under this Act, subject to such conditions as it may think fit to impose.

9.       Appointment of officers and employees.—The Authority may appoint such officers, advisors, experts, consultants and employees, as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.

10.     Committees.—The Authority may constitute such financial, technical and advisory committees as may he deemed necessary for carrying out the purposes of this Act and such committees shall exercise such powers and perform such functions as may be delegated or assigned to them by the Authority.

CHAPTER-III 

DIRECTOR-GENERAL

11.     Appointment and terms of office.—(1) The Director-General shall be appointed by Government on such terms and conditions as may be determined by the Government.

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