PUNJAB SHEHR-E-KHAMOSHAN AUTHORITY ACT, 2017
(Act IX of 2017)
[31 May 2017]
An Act for establishing the
Punjab Shehr-e-Khamoshan Authority.
It is necessary,
in public interest, to found Punjab Shehr-e-Khamoshan Authority to
establish, manage and regulate model cemeteries or graveyards and
crematoriums and to provide to the public cemetery services, funeral
services, crematory services, transfer services and other related services
in the Punjab, and to deal with ancillary matters.
Be it enacted by the Provincial Assembly of
the Punjab as follows:
Short title, extent and commencement.–
(1) This Act may be cited as the Punjab Shehr-e-Khamoshan Authority Act
(2) It shall extend to whole of the
(3) It shall come into force at once.
In this Act:
Punjab Shehr-e-Khamoshan Authority established under the
a building as defined in the Punjab Local Government Act 2013 (XVIII of
a model cemetery or graveyard or crematorium which the Authority
establishes, maintains and regulates under the Act;
services” means the services provided by the Authority for the internment
or burial or cremation of dead human bodies and disposal of cremated human
means a building that is fitted with appliances for purposes of cremating
services” means the services provided for the cremation of dead human bodies
and disposal of cremated human remains;
“Director General” means the Director General of the Authority;
“fee” means an amount charged by the Authority for providing the Services
under the Act;
“funeral services” means the care and preparation of dead human bodies, the
coordination of rites and ceremonies with respect to dead human bodies but
does not include cemetery services and crematorium services;
“Government” means Government of the Punjab;
“Inspector” means an inspector appointed under the
(l) “land” means
the land as defined in the Land Acquisition Act, 1894 (I of 1894);
means a local government as defined in the Punjab Local Government Act 2013
(XVIII of 2013)
or in any other law for the time being in force;
means prescribed by rules or regulations;
means the regulations framed under the Act;
“rules” means the rules
made under the Act;
(q) “Services” means the cemetery services,
funeral services, crematorium services, transfer services and other related
or incidental services and include such other services as may be prescribed;
services” means the service to the public with respect to the disposition of
dead human bodies, including transportation of dead human bodies and
necessary documentation with respect to the disposition of dead human
The Government may, by notification in the official Gazette, establish an
Authority to be known as Punjab Shehr-e-Khamoshan Authority for carrying out
the purposes of the Act.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal, with power to enter into
contracts, and acquire or, subject to subsection (3), dispose of property,
and may by the said name sue or be sued.
(3) The Authority shall not dispose of its
immovable property without prior approval, in writing, of the Government.
4. Composition of the Authority.–
(1) The Authority shall consist of the Chairperson who shall be nominated by
the Chief Minister, and the following members:
not less than two members of
Provincial Assembly of the Punjab, including at least one woman
member, to be nominated by the Government;
Secretary to the Government, Local
Government and Community Development Department,
or a representative not below the rank of an Additional Secretary
nominated by the Secretary;
Director General (member/secretary);
Director (Architecture and
Director (Administration and Finance);
not less than three philanthropists,
including one woman, to be nominated by the Government; and
than two technocrats to be nominated by the Government.
(2) Subject to subsection (3), the tenure of
the Chairperson and members, other than ex officio members, shall be
three years but the Government may appoint anyone of them for another term
of three years.
(3) The Government may remove the Chairperson
or a member, other than ex-officio member, at any time and appoint
another person as the Chairperson or, as the case may be, the member for the
remaining term of the outgoing Chairperson or the member.
(4) No act or proceedings of the Authority
shall be invalid merely by reason of any vacancy or defect in the
constitution of the Authority.
(5) The Authority shall meet at least once in
a period of ninety days.
(6) A meeting of the Authority shall be held
on such date and time as the Chairperson may determine.
(7) The agenda of a meeting shall be approved
by the Chairperson.
(8) The Chairperson, and in his absence, the
member of the Authority nominated by the Chairperson shall preside over the
(9) The Government may, by notification,
increase the membership of the Authority in public interest.
5. Disqualifications of members.–
No person shall be appointed or continue as a member who:
is or, at any time, has been convicted of an
offence involving moral turpitude;
is or, at any time, has been adjudicated as an
is found to be of unsound mind; or
has a financial interest or an interest, directly
or indirectly, in conflict with the interest of the Authority and has failed
to disclose such interest in writing to the Government.
6. Functions and
powers of the Authority.–
(1) The Authority may perform such functions and exercise such powers as are
necessary for carrying out the purposes of the Act.
(2) Without prejudice
to the generality of functions and powers mentioned in subsection (1), the
maintain and monitor cemeteries;
comprehensive plans or update and revise such plans for the establishment,
administration and management of the cemeteries;
establish, maintain and periodically revise planning and building controls
in respect of the cemeteries;
acquire both movable and immovable property for purposes of the Act;
undertake any works and incur any expenditure in the prescribed manner;
enter into contracts;
seek advice and assistance from any Government agency or officer for the
preparation of a scheme relating to cemeteries or the execution of a scheme;
remove encroachments in a cemetery;
architectural plans, prepare financial statements and feasibility reports,
provide administrative approval, issue technical sanction, and initiate
tendering and procurement processes for the construction of cemeteries in
accordance with law;
stake-holders, where necessary;
carry out all the
budget of the Authority and re-appropriate funds in the prescribed manner;
evaluate the construction of cemeteries;
financial proposals to the Government for purposes of requesting for any
requisite funds to a committee for carrying out the prescribed functions;
areas in a cemetery or create a separate cemetery for purposes of internment
or burial or cremation of dead human bodies of non-Muslim communities; and
such other functions as may be incidental to the functions mentioned above
or as the Government may assign or as may be prescribed by rules.
(1) The Authority may constitute committees at district level for carrying
out the purposes of the Act.
The committee shall exercise such powers and perform such functions as may
be prescribed or assigned by the Authority.
8. Director General.–
(1) The Government shall appoint the Director General, possessing such
qualifications and experience as may be prescribed and until so prescribed,
as the Government may determine.
The Government shall determine the terms and conditions of service of the
The Director General shall be the Chief Executive Officer of the Authority
and, subject to the general supervision, control and direction of the
Authority, shall exercise such administrative and financial powers of the
Authority as the Authority may delegate to him or as may be prescribed.
(4) The Director General may resign from his office
by serving thirty days’ prior notice or on payment of thirty
days’ pay in lieu of the notice.
The Government may remove the Director General by serving thirty days’ prior
notice or on payment of thirty days’ pay in lieu of the notice.
(1) The Authority may appoint such employees as it considers necessary for
the performance of its functions on such terms and conditions as may be
Subject to the terms and conditions of appointment, the Authority may, at
any time, terminate the services of an employee by serving thirty days’
prior notice or on payment of thirty days’ pay in lieu of the notice in the
10. Advisory Board.– (1) As soon as may
be, the Government shall constitute an Advisory Board, consisting of the
Secretaries of the relevant departments of the Government and other members
to aid and advise the Government and the Authority for accomplishment of the
purposes of the Act.
(2) The Government shall nominate one of the
members as the Convener and another, as the Vice Convener of the Advisory
(3) The members, other than ex-officio
members, of the Advisory Board shall be persons having knowledge or
experience in the area of architecture, buildings or settlements and shall
hold office for a period of three years.
(4) The Government may remove a member, other
than ex-officio member, at any time and appoint another person as member for
the remaining term of the outgoing member.
(1) The Authority may appoint the Director Enforcement and as many
Inspectors as may be necessary in the prescribed manner to carry out the
purposes of the Act.
Inspectors shall serve under the general supervision and control of the
Authority may, through the Director Enforcement, direct an Inspector to take
such steps, including removal of illegal occupants or encroachments as may
12. Powers of
(1) An Inspector shall be responsible for keeping the cemetery under his
management and control free from all sorts of encroachments or unauthorized
construction or illegal occupation.
Inspector shall issue a notice to the person concerned, directing him to
remove the encroachment or unauthorized construction or hand over the vacant
possession of the illegally occupied land of a cemetery or take such other
corrective measures as are specified in the notice within fifteen days; and,
in the meanwhile, suspend any unauthorized construction work.
(3) If the person
fails to comply with the directions under subsection (2), the Inspector may
cause to demolish or remove any encroachment or unauthorized construction,
seize the goods and articles pertaining to the encroachment or unauthorized
construction and take over the possession of the land in a cemetery in
authorized possession and, for the purpose, use such force as may be
The police shall render such assistance as the Authority may require in the
discharge of its functions under the Act.
(1) The head of District Administration of
a district shall identify the needs for the cemeteries and provide
feasibility reports of such identified locations to the Authority.
The Authority shall assess the feasibility reports received under subsection
(1) and finalize the site after input from its Architectural and Engineering
15. Consultation with the local government.–
(1) The Authority shall perform its functions under the Act in
consultation with, and in support of, the concerned local government.
(2) A local government, in consultation
with the Authority and on the terms and conditions mutually agreed, may
assign any of its functions relating to the cemeteries or graveyards to the
Authority on such terms and conditions as may be mutually determined.
(3) The Authority may
receive proposals from a third party or initiate cemetery projects in
consultation with the concerned local government.
16. Cemeteries to be a Trust.– The entire land and
the appurtenances comprising a cemetery shall vest in the Authority and
shall be held by it in trust for use as a cemetery and for such other
ancillary purposes as may, in the opinion of the Government, be necessary
for the proper maintenance of the cemetery and provision of
(1) No person shall bury or cremate, or cause to be buried or cremated any
dead body in a cemetery without approval in writing of the Authority in the
(2) No person shall, without lawful
authority, disinter, dissect or otherwise harm the dead body of any person
buried in a cemetery.
Offences and penalties.–
(1) A person who violates the provisions of subsection (1) of section 17
shall be punishable with imprisonment which may extend to six months but
which shall not be less than ten days and with fine which may extend to
fifty thousand rupees but which shall not be less than five thousand rupees.
(2) A person who violates the provisions of subsection (2) of section 17
shall, in addition to any other punishment provided under any other law for
the time being in force, be punishable with imprisonment which may extend to
seven years but which shall not be less than six months and with fine which
may extend to one million rupees but which shall not be less than two
hundred thousand rupees.
person who willfully causes damage, makes any encroachment on, or erects any
unauthorized construction in any part of a cemetery shall be punishable with
imprisonment which may extend to six months but which shall not be less than
ten days and with fine which may extend to fifty thousand rupees but which
shall not be less than five thousand rupees.
(4) A person who obstructs any person acting on behalf of the Authority in
the discharge of his functions under the Act, shall be punishable with
imprisonment which may extend to two months but which shall not be less than
five days and with fine which may extend to thirty thousand rupees but which
shall not be less than three thousand rupees.
(5) A person who carries on any business or commercial or profit earning
activity within the declared area or precincts of a cemetery, without prior
approval of the Authority in the prescribed manner, shall immediately wind
up such activity and shall also be punishable with imprisonment for a term
which may extend to thirty days or with fine which may extend to one hundred
thousand rupees or with both.
(6) A person who contravenes any provision of the Act or the rules shall,
if no other penalty is provided for such contravention, be punished with
imprisonment for a term which may extend to twenty days or with fine which
may extend to thirty thousand rupees or with both.
(7) The person making encroachment or erecting any unauthorized
construction on, or occupying any part of the land of a cemetery without
lawful authority, shall remove such encroachment or construction and hand
over the vacant possession of the land to the Inspector but if he fails to
do so, the Inspector may forcibly evict him or remove the encroachment or
unauthorized construction at the risk and cost of the said person and
recover the cost from that person.
(1) Except in case of an offence mentioned in subsection (2) of section 17,
no court shall take cognizance of an offence under the Act except on a
complaint made, in writing, by the Authority or an officer authorized by the
Authority for the purpose.
(2) Except in case of an
offence mentioned in subsection (2) of section 17, an offence under the Act
shall be tried in a summary manner in accordance with the provisions of the
Code of Criminal Procedure 1898 (V of 1898).
20. Acquisition of land.–
The Authority may acquire land under the Land Acquisition Act, 1894
(I of 1894).
21. Punjab Shehr-e-Khamoshan
(1) There shall be formed a fund to be known as the “Punjab
Shehr-e-Khamoshan Authority Fund” which shall vest in the Authority.
(2) The Fund shall consist of:
the grants received
from the Government;
the grants received from any other authority or agency;
income from fees charged by the Authority;
(d) donations made
to the Authority; and
income from any other source.
The Fund shall be maintained in such manner as may be prescribed.
The Fund shall be utilized to meet the expenses of the Authority in
connection with the discharge of its functions under the Act.
The Authority shall not incur any debt.
Budget and accounts.–
(1) The Director General shall, before the commencement of a financial year,
prepare a statement of the estimated receipts and expenditure for the next
financial year and submit it to the Authority for approval.
The Authority shall maintain proper accounts and other records relating to
its financial affairs including its income and expenditure and its assets
and liabilities in such form and manner as may be prescribed.
As soon as may be, after the end of each financial year, the Authority
shall, for that financial year, prepare and approve in the manner
prescribed, statements of account of the Authority which shall include a
balance-sheet and an account of income and expenditure.
(1) The Auditor General of Pakistan shall annually audit the accounts of the
(2) The Government may, in addition to the audit under subsection (1),
cause the annual accounts of the Authority be
audited, in the prescribed manner by a Chartered Accountant or a firm of
24. Annual report.– (1) The
Director General shall, by 30 September each year, submit annual performance
report to the Authority enumerating all the activities, developmental
initiatives undertaken and targets achieved during the previous financial
year for the betterment of the cemeteries and the future plans and projects.
(2) The Authority shall submit the report to the Government which shall lay
the report in Provincial Assembly of the Punjab
within ninety days of its receipt.
25. Delegation of powers.-
The Authority may delegate any of its powers to the Chairperson, a member or
the Director General, except the powers to approve:
(a) a scheme or
(b) the annual
budget and annual accounts of the Authority;
(c) any request to
the Government for grants; and
(d) the regulations
or any amendment thereof.
No suit, prosecution or any other legal proceedings shall lie against the
Authority, the Chairperson, Vice Chairperson, members, Director General and
any employee of the Authority, in respect of anything done or intended to be
done in good faith under the Act
27. Other laws.–
The provisions of the Act
shall be in addition to and not in derogation of any other law for the time
being in force.
28. Power to make rules.–
The Government may, by notification in the official Gazette, make rules for
carrying out the purposes of the Act.
Power to frame regulations.–
Subject to the Act and the rules, the Authority may frame regulations in
respect of the matters not provided for in the Act or the rules.
Punjab Shehr-e-Khamoshan Authority
Ordinance, 2017 (III of 2017) is hereby repealed.