CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960
(XXIII OF 1960)
1. Short title, extent and commencement.
3. Declaration of Capital site.
CHAPTER II.-CONSTITUTION OF THE AUTHORITY
4. Constitution of the Authority
6. Constitution of the Board.
7. Remuneration and conditions of service.
8. Disqualification of the members.
9. Duties and functions of Chairman and other members.
10. Headquarters of the Authority and meetings of the Board.
CHAPTER III.-POWERS AND DUTIES OF THE AUTHORITY
11. Master-Plan and master-Program.
12. Preparation of schemes by local bodies or agencies.
13. Preparation of schemes by authority.
14. Manner and form, etc., of scheme.
14A. Classification of plots.
14B. Disposal of residential plots.
14C. Criteria for allotment of residential plots against quotas
14D. Disposal of community buildings and facilities plots.
14E. Disposal of commercial and business plots, act etc.
14F. Allotment of administrative buildings, public offices and governmental residential plots.
14G. Industrial plots.
14H. Allotment of plots for diplomatic enclaves.
14I. development and maintenance of public park etc.
14J. disposal of agro-farming and agro-industries plots.
14K. disposal of plots in agro-villages and sub-urban centers.
14L. Prohibition against conversion and exchange of plots.
14M. Consequences of violation etc.
15. Power of the Authority.
15A. Municipal function.
16. Borrowing powers.
17. Execution of schemes etc., through local bodies and agencies.
18. Utilization of building material.
19. Amendment of schemes.
20. Removal, etc., of buildings after hearing.
21. Schemes to be executed after calling objections.
CHAPTER IV.-ACQUISITION OF LAND
22. Liability to acquisition.
23. Entry upon land, Preliminary survey etc.
24. Compensation for damage.
25. Power to acquire land.
26. Land to be marked out, measured and planned.
27. Notice t persons interested.
28. Enquiry and award by Deputy Commissioner.
30. Matters to be considered in determining compensation.
31. Factors to be ignored in determining compensation.
32. Vesting of land in the Authority.
33. Acquisition in cases of urgency.
33A. Temporary occupation and use of land.
33B. Payment of compensation to persons under disability and heirs of deceased persons.
34. Power of Deputy Commissioner to call for information.
35. Power of Authority to give directions to Deputy Commissioner.
36. Appeal and review.
36A. Deputy Commissioner and Commissioner to have powers of civil court, etc.
36.B Fees on applications.
Chapter V.- Establishment.
37. Appointment of officers and servants, etc.
38. Recruitment, conditions of service and disciplinary powers.
39. Members, officers, experts-public servants.
41. Delegation of powers to Chairman, etc.
Chapter VI.- Finance
42. Capital Development Authority fund.
44. Audit and Accounts.
45. Consultation with the Financial Advisor.
Chapter VII.- Penalty and Procedure
46A. Causing damage to property.
46B. Disobedience of orders.
46C. Attempts and abetment.
46D. Summary trial offences.
47. Cognizance f offences by court.
Chapter VIII.- Miscellaneous
48. Submission of yearly reports and returns, etc.
49. Power to dispose of land.
49A. Recovery of dues, etc.
49B. Summary ejectment of unauthorized occupants.
49C. Removal of building, etc., erected or used in contravention of this Ordinance.
49D. Police assistance.
49E. Jurisdiction of courts barred.
49F. Admissibility of document of entry as evidence.
50. Power to make rules.
51. Power to make regulations.
52. Dissolution of Authority and transfer of its assets and liabilities to the Federal Government and other agency determined by that Government.
Capital Development Authority Ordinance, 1960
NO. XXIII OF 1960
(27th June, 1960)
An Ordinance to establish a Capital Development Authority.
Whereas it is expedient to establish a Capital Development Authority for making all arrangements for the planning and development of Islamabad within the frame-work of a regional development plan;
Now, therefore in pursuance of proclamation of the seventh day 9 of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
CHAPTER I.- PRELIMINARY
1. Short title, extend and commencement:-
(1) This ordinance may be called the Capital Development Authority Ordinance, 1960.
(2) It extends to the specified areas.
(3) It shall come into force at once.
2. Definitions:- In this Ordinance, unless there is anything repugnant in the subject or context,-
(a) “agency” means any department or organization of the [Federal]or Provincial Government and includes a corporation, or other autonomous or semi-autonomous body set up by the [Federal]or Provincial Government.
(b) “Authority” means the Capital Development Authority established under section 4;
(c) “Board” means the Board constituted under section 6;
(d) “building” includes any factory, industrial or business establishment, shop, godown, warehouse, house, outhouse, hut, hutment, shed, garage, stable, well or platform, and any other structure, whether meant for residential or business proposes or not, made of masonry, bricks, wood, mud, thatch, metal or any other material, but does not include a temporary structure made for purposes connected with agriculture;
(e) “Capital Site” means the part or parts of the Specified Areas declared to be the site for the Pakistan Capital under section 3;
(f) “Chairman” means the Chairman of the Authority;
(g) “Commissioner” means the Commissioner of the Division concerned, and includes any other officer appointed by the Authority to exercise the powers of the Commissioner under this Ordinance;
(h) “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 all or any of the functions of the Deputy Commissioner under this ordinance;
(i) “Land” includes buildings and benefits arising out of land and things attached to the earth or permanently fastened to any thing attached to the earth;
(j) “Local body” means [the local body] the local council or the municipal body as defined in clauses (23) (24)] and (27) of Article 3 of the Basic Democracies Order, 1959 (P.O 18 of 1959), or the Cantonment Board, having jurisdiction in the area concerned, and includes an Improvement Trust with 9in such area;
[(k) ‘market value’ means,-
(i) in relation to land acquire before the first day of January, 1968, the average market value thereof prevailing during the period commencing the first day of January, 1954, and ending n the thirty-first day of December, 1958;
(ii) in relation to land acquired on or after the first day of January, 1968, the aggregate of the average market value as foresaid determined with reference to its classification recorded in the Register of Haqdaran Zamin as in fore on that day and twenty-five per cent of such value.] [; and ]
[(iii) in relation to land acquired on or after the first day of January, 1996, the market value as may be determined in accordance with the provision of the land Acquisition Act, 1894, applicable in the Province of the Punjab.]
(l) “Member” means a member of the Authority;
(m) “Regulations” means regulation s made under this Ordinance;
(n) “Rules” means rules made under this Ordinance;
(o) “Scheme” means a planning scheme or a development scheme made under this Ordinance;
(p) “Specified Areas” means the area specified in the Schedule and such other area or areas as my form time to time be included therein by the 1[Federal] Government by notification in the official Gazette;
(q) “Vice-Chairman” means the Vice-Chairman of the Authority.
3. Declaration of Capital Site:-
(1) The [Federal] Government may from time to time, by notification in the official Gazette, declare any part or parts of the Specified Area to be the site for the Pakistan Capital.
(2) Notwithstanding anything contained in this Ordinance or in any other law, any such notification as aforesaid may be made so as to be retrospective to any day not earlier that the first day of June, 1959, and where a notification is so made, the provisions of this Ordinance, shall, in so far as they affect the Capital site, apply as if this Ordinance were promulgated on the day to which the notification is made retrospective.
CHAPTER II- CONSTITUTION OF THE AUTHORITY
4. Constitution of the Authority:-
(1) There shall be established an authority to be known as the Capital Development Authority for carrying out the purposes of this Ordinance.
(2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire and hold property, both movable and immovable, and shall be the said name sue and be sued.
(1) The general direction and administration of the Authority and its affairs shall vest in the Board which may Exercise all powers and do all acts and things which may be exercised or done by the Authority.
(2) The Board in discharging its functions shall act on sound principles of development, town planning and housing, and shall be guided in questions of policy by such directions as the 1[Federal] Government may from time to time give.
(3) If any question arises as to whether any matter is a matter of policy or not the decision of the [Federal] Government shall be final.
6. Constitution of the Board:-
(1) The Board shall consist of not less than three members, to be appointed by the1[Federal] Government.
(2) The [Federal] Government shall appoint a Chairman, Vice-Chairman and a financial advisor from amongst the members.
(3) The Chairman and other members shall hold office during the pleasure of the [Federal] Government and unless sooner removed the Chairman and Financial Advisor shall hold office for a period of five years and other members shall hold office for a period of four years.
(4) Any person, ceasing to e Chairman, Vice-Chairman, or member of the Board, by reason of the expiry of the term of his office, shall be eligible for reappointment for another term or for such shorter term as the 1[Federal] Government may decide.
(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in or any defect in the constitution of the Board.
(6) The Chairman or any member may at any time resign:
Provided that his resignation shall not take effect until accepted by the [Federal] Government.
7. Remuneration and conditions of service:- The Chairman and 3 each member shall receive such salary and allowances and shall be subject to such conditions of service as may be determined by the [Federal] Government.
8. Disqualification of the members:- No person shall be or shall continue to be a member who-
(a) is or, at any time, has been, convicted of an offense 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 confliction interest directly or indirectly between his inters as member an his private interests and has failed to disclose such interest in within to the [Federal] Government.
[(f) if he is for the time being disqualified for membership of any body established by or under any law for the time being in force of which the constituent members are wholly or partly chosen by means of election.]
9. Duties and functions of Chairman and other members:-
(1) The Chairman and other members shall discharge such duties and perform such functions are assigned to them by or under this Ordinance.
(2) Until the Board is duly constituted shall subject to such directions as the [Federal] Government may from time to time give, exercise the powers discharge the duties and perform the functions of the Board.
(3) The Vice-Chairman shall have such powers, duties and functions as may be delegated to him by the Chairman.
10. Headquarters of the Authority and meetings of the Board:-
(1) Until the Authority establishes its headquarters elsewhere within the specified Areas, its headquarters shall be situated at Rawalpindi.
(2) The Meetings of the Board shall be held at such times and places and in such manners as the regulations may provide:
Provided that until regulations are made in this behalf, the meetings of the board shall be held as and then convened by the Chairman.
CHAPTER III .- POWERS AND DUTIES OF THE AUTHORITY
11. Master-plan and master-program:-
The Authority shall prepare a master plan and a phased master program for the development of the Capital Site, and may prepare a similar plan and program for the rest of the specified areas and all such plans and programs shall be submitted to the Federal Government.
12 Preparation of schemes by local bodies or agencies:-
(1) The Authority may pursuant to the master plan and the master program call upon any local body or agency operating in the specified area to prepare, in consultation with the authority, a scheme or schemes in respect of matters ordinarily dealt with by such local body or agency, and thereupon the local body or agency shall be responsible for the preparation of the scheme or schemes within a reasonable time.
(2) Such schemes, may relate to-
(a) Land use, zoning and land reservation;
(b) Public buildings;
(d) Transportation and communications; highways, roads, streets, railways, aerodromes;
(e) Tele-communications, including wireless, television, radio telephone;
(f) Utilization of water, power and other natural resources;
(g) Community planning, housing, slum clearance, amelioration;
(h) Community facilities including water supply, sewerage drainage, sewage disposal, electricity supply, gas supply and other public utilities;
(i) Preservation of objects or places of historical or scientific interest or natural beauty.
(3) The [Federal] Government may, by notification in the official Gazette, add to , alter or amend the list of subjects given in sub-section(2), and any such addition, alteration or modification shall take effect as if it had been enacted in this Ordinance.
(4) The expenditure incurred on the preparation of any such schemes as aforesaid shall be borne as agreed to between the authority and the local body or agency, and in the event of disagreement between them as may be determined by the [Federal] Government.
[(5) No planning or development scheme shall be prepared by any person or by any local body or agency except with the concurrence of the Authority.]
13. Preparation of schemes by Authority:- The authority may pursuant to the master program, itself prepare, when it considers it desirable to do so in the public interest, schemes for the specified areas relating to the matters enumerated in sub-section (2) of section 12.
14. Manner and form, etc., of Scheme:- All schemes under section 12 and section 13 shall be prepared in such manner and form as the [Federal] Government may specify, an shall contain among other things the following information, namely:
(a) Description of the scheme and the manner of its execution;
(b) Estimate of costs and benefits;
(c) Allocation of costs to the various purposes to be served by the scheme.
14A. Classification of plots:-
In all schemes of the Authority the plots available for sale shall be categorized as :-
(a) “Residential plots” being plots on which buildings designed for human habitation and for no other purpose, shall be constructed;
(b) “Commercial and business plots” being plots on which markets, departmental stores, shops, business offices, restaurants, cafes, hotels, cinemas, theaters, motel, marriage-halls, petrol filling stations, corner shops and flats, whether or without shops and offices, shall be constructed;
(c) “Community buildings and facilities plots” being plots on which religious and educational institutions, hospitals, dispensaries, maternity homes, libraries, art galleries, museums, amenity buildings, police-station, gymnasiums, amusement parks, transport terminals, etc.,
(d) “Administrative buildings, public offices and Government residential plots” being plots in the administrative sector, Mauve Areas, plots for special Institutions planned in ‘H’ series,
National Park Area, Jinnah Avenue, Markaz and Class-III Shopping Centers, plots for the Ministries, agencies and autonomous and semi-autonomous organizations of the Government and plots for Government servants’ residences:
(e) “Industrial plots” being plots for-
(i) Very light industry and trading associated with residential areas, e.g., laundries, repair shops, bakeries, I&T Centers, etc.;
(ii) Light manufacturing and service industries and plots for constructional works to be carried out in areas specified by the Authority; and
(iii) Extractive industries, mining, quarrying, crushing and brick kilns in areas specified by the Authority;
(f) Diplomatic plots in the Diplomatic Enclave for foreign Missions and residences of foreign representatives;
(g) Public parks, playing fields, graveyards and incidental open spaces and plots planned, developed maintained by the Authority as public parks, playing fields, graveyards and open spaces;
(h) Agro-farming and agro-industry plots planned and developed by the Authority for farming and for processing agriculture produce; and
(i) Plots in agro villages and sub-urban Centers in model villages in the rural areas of Islamabad developed as agro-villages and sub-urban centers.
14B. Disposal of residential plots:-
(1) All residential plots shall be disposed on proprietary rights basis, in the following manner, namely-
Up to 200 Sq. Yards
Above 200 Sq. Yards
Through open auction
Federal government servants including employees of autonomous and semi-autonomous bodies constituted or set-up by the Federal Government and civilians paid out of Defense Estimates.
Defense services personnel
Deprived groups including widows, orphans, destitute, handicapped persons, etc.
(2) The plots, other than those required to be deposed of through open auction, shall be allotted to the eligible applicants through random ballot at the prices fixed by the Authority.
14C. Criteria for allotment of residential plots against quotas:- (1) For allotment of plots against reserved quotas specified in sub-section (10 of section 14B, the following criteria shall be observed, namely-
(a) A Federal Government servant referred to in clause (b) of sub-section (1) of section 14B shall be eligible for allotment of plot if he has rendered at least twenty-five years’ service and no plot or house or flat in any Federal or Provincial Scheme has been allotted to him anywhere in Pakistan either in his own name or in the name of his family.
Explanation: “Family” means the spouse, dependent children and dependent parents, who ordinarily reside with the Federal Government servants;
(b) a widow of a Federal Government servant who has died during service, shall be eligible for allotment from the 10% quota reserved for Federal government servants provided the deceased employee had at least ten years’ continuous service to his credit and fulfills the conditions specified in clause (a);
(c) a defense services personnel shall be allotted plot on the recommendation of the GHQ, AC’s Branch Welfare and Rehabilitation Directorate as per criteria laid down by them;
(d) a person in the deprived group shall be eligible for allotment only if he, or any member of his family, does not own, and was never allotted, any plot, house or flat any where in Pakistan:
(i) a widow shall not be eligible if she has re-married or her income is more then the amount prescribed from time to time.
(ii) an orphan shall be eligible if he is minor and the income of his guardian is less than the amount prescribed from time to time.
(iii) A handicapped person shall be eligible only if the extent of incapacity, whether physical or mental, renders him incapable of carrying on normal work.
(2) The size of plots for allotment to various classes of Federal government servants shall be as follows:-
BPS or equivalent
Area of plot
600 Sq. Yard
356 Sq. Yard
272 Sq. Yard
200 Sq. Yard
139 Sq. Yard
111 Sq. Yard
14D. Disposal of commercial and business plots, etc:- All commercial and business plots shall be sold or leased through open auction.
14E. Disposal of community buildings and facilities plots:- (1) Plots for primary schools shall be placed at the disposal of the Federal government free of cost and for Government Secondary and Higher Education at such rates as the Authority may determine from time to time.
(2) Land for mosques, churches and other places of worship and deeni madrassas established for free religious education shall be allotted free of cost.
(3) Plots for private institutional purposes including educational institutions, hospitals, maternity homes, clinics, art-galleries, gymnasiums, amusement parks, etc., shall be sold or leased through open auction in such manner as the Authority may determine provided that for stated reasons the Authority may make sales otherwise than through open auction, but at rates not less than the market price.
(4) Plots for other community buildings and facilities shall be allotted to Government organizations at such rates as the Authority may determine from time to time.
14F. Allotment of administrative buildings, public offices and Governmental residential plots:- Administrative buildings, public offices and Government residential plots shall be allotted to respective Government organizations by the Authority at such rates as may be determined by it from time to time.
14G. Industrial plots:- Industrial plots shall be sold or leased through open auction provided that plots for extractive industries shall be allotted on licenses terminable on three months’ notice and on payment of such periodical license fees as may be prescribed by the Authority from time to time.
14H. Allotment of plots for diplomatic enclaves:- Diplomatic plots shall be allotted on lease to foreign Governments for their diplomatic missions or for the residences of their diplomatic representatives on the recommendation of the Ministry of Foreign Affairs at the rates fixed by the Authority from time to time.
14I. Development and maintenance of public parks etc.:- Plots for public parks, playing fields, graveyards and incidental open spaces shall be developed and maintained by the Authority perpetuity.