(2) The Director-General shall be the Chief Executive of the Authority and shall:-
(a) be a whole time, or part time officer of the Authority; and
(b) perform such duties as may be assigned to him and exercise such powers as may be delegated to him by the Authority.
PREPARATION AND EXECUTION OF SCHEMES
12. Preparation of schemes.—(1) The Authority shall, in such form and in such manner as may be prescribed, prepare schemes for the area or any part thereof and execute or have them executed in the prescribed manner.
(2) All such schemes prepared by the Authority shall be submitted to the Government for its approval, except those schemes, the provisional estimated cost of which does not exceed such limit us may be prescribed by rules or for which no loan or grant is required from the Government.
(3) The Authority shall publish the sanctioning of any scheme in the official Gazette.
(4) The publication of a sanction under sub-section (3), shall be conclusive evidence that the scheme has been duly framed and sanctioned.
(5) No planning or development scheme shall be prepared by any person or Local Body or Government agency within the area except with the concurrence of the Authority.
13. Modification of schemes.—Any scheme prepared under this Act, may at any time, be amended, modified or abandoned by the Authority, in such form and in such manner as may be prescribed.
14. Power to give directions.—(1) The Authority may require a Government agency within whose jurisdiction any particular locality or aspect of development covered by a scheme lies:-
(a) to execute a scheme in consultation with the Authority;
(b) to take over and maintain any of the works and services in the area;
(c) to provide any amenity in relation to the land which in the opinion of the Authority ought to be provided; and
(d) to enforce regulations, on behalf of the Authority.
(2) The expenditure incurred on the execution of any scheme or on the taking over or maintenance of any work, or the enforcement of regulations under this section, shall be borne as may be agreed to between the Authority and the Government agency and in the event of disagreement, as may be determined by the Government within a prescribed period.
15. Power to execute any schemes.—(1) Where the Authority is satisfied that any direction given by it under sub-section (1) of Section 14, with regard to any scheme, has not been carried out by the Government agency, the Authority may, itself undertake any works for the execution of that scheme and the cost thereof shall be borne as may be agreed between the Authority and the Government agency and in the event of disagreement, as may be determined by the Government.
(2) Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purpose of execution of such work, all the powers which may be exercised under any law for the time being in force, by the Government agency concerned.
16. Directions by Government.—(1) The Authority shall, in discharging its functions, act and be guided, by such directions as Government may give to it from time to time.
(2) Where the Authority ceases to perform a function and another organization controlled by the Government assumes that function, the Government may direct—
(i) that the servants of the Authority connected with that function shall become servants of the said organization on such terms and conditions as the said organization may determine, subject to the condition that the said terms and conditions are not less favourable than those admissible to them as servants of the Authority; and
(ii) that such part of the Fund of the Authority as the Government may determine shall stand transferred to the said organization.
17. Controlled area.—The Authority may issue in respect of a controlled area such directions as it considers fit and appropriate and do all such things as may be necessary for the prevention of haphazard growth, encroachments and unauthorised constructions in such area.
18. Power to act as Local Body.—The Government may, by a notification in the official Gazette, authorise the Authority to exercise and perform such powers and functions as a local body may exercise and perform in relation to its local area or in an area in which schemes are undertaken by the Authority or which is declared as controlled area.
19. Power to remove sources of pollution.—The Authority shall have full powers to undertake improvements of the environment of the area or any part thereof and to check, replace, eliminate, remove, demolish, conserve, resettle or relocate the sources of environmental pollution such as milch cattle, horses or other animals, tongas, vehicular exhaust, industrial waste, solid waste, congestion, blight and slums etc:
Provided that the Authority shall provide alternate accommodation or compensation to be determined in accordance with the provisions in Chapter VI, to any person evicted from the premises owned by him.
20. Beautification.—The Authority shall also undertake beautification of the area or part thereof, in any manner it deems fit, or prepare schemes and prescribe environmental standards to be adopted by the Government agencies or persons or direct any Government agency or person to undertake any improvements or activities for beautification of the area or part thereof.
21. Borrowing money.—(1) The Authority shall be deemed to be a "Local Authority" for the purpose of borrowing money and any scheme or project prepared or undertaken by the Authority, shall be deemed to be "work" as defined in Section 2 of the Local Authorities Loans Act, 1914 (Act No. IX of 1914):
Provided that no local or foreign loan shall be obtained by the Authority without the previous sanction of the Government.
(2) The Authority may, in consultation with the Finance Department, Government of the Gilgit Baltistan, borrow money or raise funds by issuing bonds or debentures or otherwise for currying out the purposes of this Act at such rate of interest as may be approved by the Government.
22. Power to levy betterment fee.—Where any new scheme has been executed by the Authority by providing services or amenities in any locality, the Authority may, with the previous consent of Government, levy upon the owner of the property or any person having an interest therein, a betterment fee on account of the execution of the scheme.
23. Assessment of betterment fee.—(1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment fee, the execution of the scheme shall be deemed to have been completed and shall, thereupon give notice in writing to the owner of the property or any person having an interest therein, that the Authority proposes to assess the amount of the betterment fee in respect of the property under Section 22.
(2) The betterment fee under Section 22 or under sub-section (1) of this section, shall be assessed and be payable in the manner prescribed.
24. Liability to acquisition.—Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894, all land within the area shall be liable to acquisition at any time in accordance with the provisions of this Chapter.
FINANCE, ACCOUNTS AND AUDIT
25. Authority Fund.—(1) There shall be formed a fund to be known as the "Authority Fund" which shall vest in the Authority and shall be utilized by the Authority in connection with its functions under this Act including the payment of salaries and remunerations to the members, officers, servants, experts and consultants of the Authority.
(2) To the credit of the Authority Fund, shall be credited—
(a) all moneys received from Government;
(b) all moneys received from Federal Government or any international agency or any other body by way of grants, loans, advances or otherwise;
(c) all fees, rates and charges received by the Authority under this Act;
(d) all moneys received by the Authority from the disposal of lands, buildings and other properties movable and immovable;
(e) proceeds from the self financing schemes of urban development and environmental sanitation; and
(f) all other sums receivable by the Authority.
(3) The Authority may keep in current account of any scheduled bunk such sums as may be prescribed and any amount in excess of the said amount shall be invested in Government securities, Government sponsored saving schemes or in such manner as may be determined by the Government.
Explanation.—For the purpose of this sub-section Government, includes Federal Government.
26. Rates and fees.—(1) With the previous consent of the Government, adequate funds may be raised by the Authority from time to time, to meet the cost of its schemes by imposing rates, fees and other charges.
(2) The rates, fees and other charges for water supply, sewerage and drainage schemes shall be such as to provide sufficient revenues—
(a) to cover the operating expenses including taxes, if any, and interest to provide adequate maintenance;
(b) to cover repayment of loans; and
(c) to finance the normal year to year extension of any of such schemes and to provide a reasonable portion of the cost of future major expansion of such schemes.
27. Accounts.—The Authority and its agencies shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed.
28. Budget.—(1) The Authority shall, at such time as may be prescribed, prepare an annual budget statement for the next financial year, showing the estimated receipts and expenditures of the Authority and its agencies and shall submit the same to the Government for approval.
(2) The Authority shall obtain specific sanction of the Government in respect of each individual scheme to be financed out of the Authority's Fund.
29. Audit.—The accounts of the Authority and each of its agencies shall be audited annually by such duly qualified Auditors or Government Audit Agencies or both as may be appointed by the Authority and each agency respectively, with the approval of Government. The Authority shall also make necessary arrangements for pre-audit or concurrent audit of account.
PENALTY AND PROCEDURE
30. Penalty and procedure.—Whoever contravenes any provision of this Act, or any rules or regulations made there under shall, if no other penalty is provided for such contravention, be punishable with simple imprisonment for a term which may extend to one month or with fine or with both.
31. Causing damage to property and disobedience of orders.—(1) Whoever willfully causes damage, or allows damage to be caused to any property which vests in the Authority or unlawfully converts it to his own or any other person's use, shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both.
(2) Whoever refuses or willfully neglects to provide any officer or servant of the Authority with the means necessary for entering into any premises for the purpose of collecting any information or making an examination or enquiry in relation to any water works, shall be punishable with imprisonment extending to one year or fine or with both.
(3) Whoever without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Act, shall be guilty of an offence punishable under Section 30.
(4) Whoever attempts to commit or abets the commission of an offence punishable under this Act, shall be deemed to have committed that offence.
(5) Any magistrate empowered for the time being to try in a summary way the offence specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898, may if such magistrate thinks fit, on application being made in this behalf by the prosecution, try an offence punishable under this Act, in accordance with the provisions contained in Sections 202 to 265 of the said Code.
32. Cognizance of offence by Courts.—No Court shall take cognizance of any offence punishable under this Act, except on a complaint in writing made by an officer authorized for the purpose, by the Authority.
33. Annual report.—(1) The Authority shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date, as may be prescribed.
(2) The report referred to in sub-section (1) shall be laid before the Gilgit Baltistan Legislative Assembly within six months of its receipt by the Government.
34. Recovery of dues.—Any sum due to the Authority from, or any sum wrongly paid by the Authority to, any person under this Act, shall be recoverable as arrears of land revenue.
35. Conversion of property to a different use.—Any conversion of property to a different use or purpose than the one provided under a scheme, by a person or agency without the previous approval of the Authority in writing, shall be punishable with a fine which may extend to rupees one thousand per day from the date of its conversion till default continues or with imprisonment for a term which may extend to six months or with both.
36. Summary ejectment of unauthorised occupants.—The Authority or any person authorised by it in this behalf may, after giving fifteen days notice, summarily eject any person in unauthorised occupation of any land or property vested in the Authority and may for such ejectment use such force as may be necessary.
37. Removal of building etc. erected or used in contravention of this Act.—(1) If any building, structure, work or land is erected, constructed or used in contravention of the provisions of this Act or any rules, regulations or orders made there under, the Authority or any person authorised by it in this behalf, may, by order in writing, require the owner, occupier, user or person in control of such building, structure, work or land to remove, demolish or alter the building, structure or work or to use it in such manner so as to bring such erection, construction or use in accordance with the said provisions of this Act.
(2) If an order under sub-section (1), in respect of any building, structure, work or land is not complied with within such time, as may be specified therein, the Authority or any person authorised by it in this behalf may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land and in so doing, may use such force as may be necessary and may also recover the cost thereof from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions us aforesaid.