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BAHAWALPUR DEVELOPMENT AUTHORITY, ACT 1991

Sections      

         1.         Short title, extent and commencement.

         2.         Definitions.

         3.         Establishment of the Authority.

         4.         Constitution of the Authority.

         5.         Powers and Functions.

         6.         Appointment of Director General.

         7.         Appointment of officers and association of other persons.

         8.         Executive Authority.

         9.         Disposal of Business.

       10.         Meetings.

       11.         Preparation of schemes.

       12.         Notification of schemes.

       13.         Power to give directions.

       14.         Power to execute any schemes.

       15.         Power to act as a Local Council.

       16.         Borrowing money.

       17.         Power to levy betterment fee.

       18.         Assessment of betterment fee.

       19.         Authority fund.

       20.         Rates and Fees.

       21.         Accounts.

       22.         Budget.

       23.         Audit.

       24.         Penalty.

       25.         Causing damage to property and disobedience of orders.

       26.         Cognizance of offences by Court.

       27.         Annual report.

       28.         Recovery of dues.

       29.         Conversion of property to a different use.

       30.         Summary ejectment of unauthorised occupants.

       31.         Approval of buildings etc.

       32.         Members, officers and employees to be public servants.

       33.         Immunity of the authority and its employees.

       34.         Delegation of powers.

       35.         Jurisdiction of courts barred.

       36.         Power to make rules.

       37.         Power to make regulations.

       38.         The Act to prevail over other laws.

       39.         Repeal.

 

THE

BAHAWALPUR DEVELOPMENT AUTHORITY ACT 1991

(Pb. Act XI of 1991)

9th October 1991

An Act to provide for the establishment of Bahawalpur Development Authority

 

Preamble.— Whereas it is expedient to provide for the establishment of Bahawalpur Development Authority for the development of the area comprising the Revenue Division of Bahawalpur excluding the desert areas of the Division presently covered by the Cholistan Development Authority;

            It is hereby enacted as follows:-

 

1.         Short title, extent and commencement.—

    (1)    This Act may be called the Bahawalpur Development Authority Act 1991.

            (2)     It shall come into force at once.

           (3)    The area of jurisdiction of the Authority shall be such as may be determined by the Government by Notification.

 

2.         Definitions.— In this Act, unless there is anything repugnant  in the subject or the context—

      (a)  “Authority” means the Bahawalpur Development Authority;

      (b)  “area” means the area of jurisdiction of the Authority as may be notified;

      (c)  “Chairman” means Chairman of the Authority;

      (d)  “Director General” means Director General of the Authority;

      (e)  “Government” means Government of the Punjab;

      (f)   “Government Agency” includes—

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

              (ii)  a local council; and

             (iii) a development or any other public authority, company or corporation (whether autonomous or semi-autonomous) owned or controlled by the Government or a Local Council;

      (g)  “land” includes earth, water and air above, below or on the surface and any improvement in the structure customarily regarded as land and benefit arising out of land and things attached to earth or permanently fastened to earth;

      (h)  “member” means member of the Authority and includes its Chairman;

     (i)   “person” includes an individual, company, firm, co-operative society or association of individuals, whether incorporated or not;

      (j)   “prescribed” means prescribed by rules or regulations.

 

3.         Establishment of the Authority.—

    (1) As soon as may be after the commencement of this Act, the Government may establish an Authority known as ‘Bahawalpur Development Authority’.

            (2) The Authority shall be a body corporate having power to acquire and hold property, movable and immovable, shall have perpetual succession and a common seal and shall by the said name sue and be sued.

 

4.         Constitution of the Authority.—

    (1) The Authority shall consist of such members as may be notified by the Government.

            (2)  The Government shall appoint one of the members of the Authority as its Chairman.

 

5.         Powers and Functions.—

    (1) Subject to the provisions of this Act and the rules framed thereunder, 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 foregoing sub-section, the Authority may—

            (a)  prepare, implement and enforce schemes for development of agriculture and industry, forest conservation and development, development of irrigation facilities, development of means of communications, development of mineral resources, construction and development of housing, water supply, sewerage, drainage, promotion of tourism, environmental improvement, urban renewal including slums clearance and re-development, solid waste disposal, health and education facilities and preservation of objects or places of historical, archaeological, scientific, cultural and recreational importance;

            (b)  acquire property, both movable and immovable;

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

            (d)  undertake any works and incur any expenditure;

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

            (f)   enter into contracts;

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

            (h)  issue interim development orders for areas 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 structures and installations;

            (i)   cause removal of any works obstructing the execution of its schemes;

            (j)   seek and obtain advice and assistance for the preparation of any scheme, or for the execution of any schemes 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

            (k)  undertake any other function which the Government may assign to it.

            (3)        The Authority, with the approval of the Government may, and if directed by the Government, shall undertake the maintenance and regulation of such schemes and other activities of a Government Agency as may be necessary, and when a scheme or any activity is undertaken by the Authority, the assets and liabilities connected therewith shall also stand transferred to the Authority.

            (4)        The Authority, with the approval of the Government may, and if directed by the Government, shall transfer any of its functions and powers to a Government Agency on such terms and conditions as it may deem fit.

            (5)        The Government on its own or on a resolution of the Authority, may delegate all or any of its functions and powers including powers to levy or recover a tax to the Authority to such extent and for such period as may be necessary.

 

6.         Appointment of Director General.—

    (1)     The Director General may be appointed by the Government on such terms and conditions as the Government may fix.

            (2)        The Director General shall—

            (a)  be a whole-time officer of the Authority;

            (b)  perform such duties as may be assigned to him and exercise such powers as may be delegated to him by the Authority; and

            (c)  hold office during the pleasure of the Government.

 

7.         Appointment of officers and association of other persons.—

  (1)       The Authority may, subject to such general or special orders as the Government may give, appoint such officers, advisers, 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.

           (2)        The Authority may associate with it, in such manner, on such terms and for such purpose as it may deem fit, any person whose assistance or advice may be required in carrying out the purposes of this Act.

 

8.         Executive Authority.—

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