ACT NO XII OF 2013
DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013
An Act to provide for establishment of Defence Housing Authority Islamabad
[Gazette of Pakistan, Extraordinary, Part-I, 19th March, 2013]
No. F. 9(7)/2013-Legis:—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 16th March, 2013, is hereby published for general information:—
WHEREAS it is expedient to establish Defence Housing Authority Islamabad for the purpose and object of carrying out schemes and projects of land development, inter-alia for welfare of the bereaved families of martyrs, war injured, disabled and other persons of the defence forces of Pakistan to boost their morale; to provide financial security in recognition of their selfless services for the defence of the nation; and to provide for ancillary matters;
It is hereby enacted as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Defence Housing Authority Islamabad Act, 2013.
(2) It extends to the specified area in Islamabad Capital Territory.
(3) It shall come into force at once and shall be deemed to have taken effect on and from the 15th August, 2010.
2. Definitions.—In this Act, unless there is anything resurgent in the subject or context,—
(a) "Administrator" means the Administrator appointed under Section 8;
(b) "Authority" means the Defence Housing Authority Islamabad established under Section 3;
(c) "Chairman" means Chairman of the Governing Body;
(d) "Executive Board" means Executive Board constituted under this Act;
(e) "Governing Body" means Governing Body constituted under Section 4;
(f) "Government" means the Federal Government;
(g) "member" means a member of the Authority and includes the Chairman;
(h) "prescribed" means prescribed by rule or regulations made under this Act;
(i) "President" means President of the Executive Board;
(j) "project" means any project of development of land undertaken or planned by the Authority in the specified area;
(k) "Scheme” means any scheme, plan, facility or project for development of land for residential or commercial use undertaken, planned or made and approved by the Authority under this Act;
(l) "Secretary" means Secretary of the Authority;
(m) "specified area" means all land owned, purchased or procured by or vested in or leased to the Army Welfare Housing Scheme or the Defence Housing Authority Islamabad constituted under any law before the commencement of this Act in Islamabad Capital Territory and such other land as may, from time to time, be purchased or procured by or leased to the Authority in Islamabad Capital Territory and notified by the Government; and
(n) "Vice-President" means Vice-President of the Executive Board.
3. The Authority.—(1) There shall be established an Authority to be known as Defence Housing Authority Islamabad for carrying out purposes of this Act.
(2) The Authority shall be a body corporate having perpetual succession and common seal with power to purchase, procure, sell, exchange, hold and dispose of property and shall by the said name, sue and be sued.
(3) The head office of the Authority shall be at Islamabad.
(4) While designing, planning and executing a scheme in the specified area, the Authority shall adhere to the master plan of Islamabad and ensure that all public roads and revenue paths leading to and from the adjoining areas and access to graveyards shall, as far as possible, be maintained and no change or alteration shall be made in such roads, paths or access except with prior approval of the Government.
(5) Subject to the financial viability of a Scheme, the Authority shall reserve in a scheme in the specified area at least fifty per-cent quota for the bereaved family of the martyrs, war injured, disabled and junior ranks from sepoys to junior commissioned officers of the defence forces of Pakistan.
4. Governing Body.—(1) The general administration, supervision and control of the affairs of the Authority shall vest in the Governing Body, which shall consist of,—
(a) Secretary, Ministry of Defence; Chairman
(b) Adjutant General Pakistan Army; Vice-Chairman
(c) a serving or retired Major General of
Pakistan Army to be nominated by the
Chief of Army Staff: Member
(d) Chief Commissioner, Islamabad; Member
(c) Administrator; Member
(f) Chairman, Capital Development
Authority; and Member
(g) Secretary. Member-cum-Secretary
(2) The Governing Body shall,—
(a) review progress and activities of the Authority;
(b) lay down policy for guidance of the Executive Board;
(c) consider and approve budget and audit reports of the Authority; and
(d) transact such other business of the Authority as the Executive Board may place before it.
5. Executive Board.—(1) There shall be an Executive Board which shall exercise such administrative executive and financial powers of the Authority and do all such acts and functions as the Governing Body may delegate or assign to it.
(2) The Executive Board shall consist of,—
(a) Adjutant General, Pakistan Army ; President
(b) a serving or retired Major General
of Pakistan Army to be nominated by
the Chief of Army Staff; Vice-President
(c) Administrator; Member
(d) Secretary of the Authority to be
appointed by the President; and Secretary
(e) two residents of Schemes of the
(3) The Government shall, for a period not exceeding five years at a time, appoint the co-opted members in accordance with the regulations but they shall serve during the pleasure of the Government.
(4) In the performance of its functions, the Executive Board shall comply with the directions of Governing Body.