KOH-E-SULEMAN DEVELOPMENT AUTHORITY ACT 2016
XXIII of 2016)
[20 April 2016]
An Act to provide for the
establishment of [Koh-e-Suleman]
necessary in public interest to establish an Authority
to develop Koh-e-Suleman as a
tourist resort to promote domestic and international tourism; to execute
necessary developmental plans; to improve the socio-economic conditions of
the local people; and, to make other provisions.
Be it enacted by Provincial
Assembly of the Punjab
1. Short title, extent and commencement.–
This Act may be cited as the
Koh-e-Suleman Development Authority Act 2016.]
It shall extend to such areas of Koh-e-Suleman
and Tribal Area of District Rajanpur, as the Government may, by notification
in the official gazette, specify.]
(3) It shall come into force at once.
In this Act:
(a) “agency” means any department or
organization of the Federal or the Provincial Government or of the local
government in Dera Ghazi Khan;
(b) “area” means the area notified by the
Government for purposes of this Act;
“Authority” means the Koh-e-Suleman Development
Authority established under the Act.]
(d) “Government” means Government of the Punjab;
means Chairperson of the Authority;
(f) “Director General” means Director
General of the Authority;
(g) “local government” 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
means a member of the Authority and includes the Chairperson;
includes an individual, company, firm, institution, government agency,
cooperative society or association of individuals, whether incorporated or
(j) “prescribed” means prescribed by the
rules or regulations made under the Act.
3. The Authority.–
(1) The Government may
establish an Authority to be known as
Development Authority for carrying out the purposes of the Act.
The Authority shall be a body corporate, with perpetual succession and a
common seal, with powers to acquire and hold property, and may sue and be
sued by the said name.
The Authority shall consist of the Chairperson who
shall be the Chief Minister or any other person nominated by him, and the
one local member of Provincial Assembly of the
Punjab, to be nominated by the Government;
(b) Chairman of
District Council, Dera Gazi Khan or the Union
Council concerned nominated by the Government;
(c) Chairman, Planning
and Development Board of the Government;
(d) Secretary to the
Government, Finance Department;
(e) Secretary to the
Government, Housing, Urban Development and Public Health Engineering
(f) Secretary to the
Government, Local Government and Community Development Department;
(g) Commissioner of
Dera Gazi Khan Division;
Coordination Officer, Dera Gazi Khan;
(i) Director General
of the Authority; and
four technical experts to be nominated by the
(4) The ex-officio
members mentioned from (c) to (f) may be represented by an officer of the
concerned department not below the rank of an Additional Secretary.
(5) The Government may, by
notification in the official Gazette, increase the membership of the
The members, other than the ex-officio members, shall hold office for
a period of three years unless removed earlier by the Government at any time
without assigning any reason.
non-official member may, by notice in writing under his hand addressed to
the Chairperson, resign from his office.
The Government may designate a member of the
Authority as Vice Chairperson of the Authority.
(9) The Vice Chairperson
shall perform such functions as may be prescribed or assigned to him by the
No act or proceedings of the Authority shall be
invalid merely on the ground of the existence of any vacancy or defect in
the constitution of the Authority.
* *] The headquarters of the Authority shall be at Dera Ghazi Khan.
Disqualification of members.–
No person shall be, or shall continue to be a
is or, at any time, has been convicted of an
offence involving moral turpitude;
is or, at any time, has been adjudicated
is found to be a lunatic or of unsound mind;
is a minor; or
has a financial interest in any scheme or a
conflicting interest, directly or indirectly, between his interest as a
member and his private interest, and has failed to disclose such interest in
writing to the Government.
5. Functions of the Authority.–
(1) Subject to the provisions of this Act and
the rules, the Authority may exercise such powers and take such measures as
may be necessary for carrying out the purposes of the Act.
(2) The Authority may:
(a) develop and
improve the area for purposes of tourism, taking full advantage of regional
and international trends and developments so that it can significantly
contribute to the improvement of quality of life whilst promoting the
cultural heritage of the country;
prepare, implement and enforce schemes for
promotion of tourism and cultural heritage;
transform the area into a hill resort and improve
infrastructure as well as socio-economic condition of the local people;
conduct promotional programmes, activities and
events for attracting tourists and promotion of tourism;
make arrangements for preservation of objects or
places of historical, archaeological, cultural and recreational importance;
implement and execute master heritage
conservation and re-development plans;
identify, assess and authenticate heritage value,
prepare and execute schemes, conserve heritage of the area, and preserve
and promote culture;
coordinate with various agencies and other local
and international organizations and institutes for the due discharge of its
seek information or assistance from any person or agency pertaining to its
property, both movable and immovable;
(k) sell, lease, exchange or otherwise
dispose of any property in the prescribed manner;
(l) procure machinery, instruments or any
other material required by it;
(m) enter into contracts;
(n) cause studies, surveys, experiments or
technical researches to be made or contribute towards the cost of any such
studies, surveys, experiments or technical researches;
(o) cause removal of any works obstructing
the execution of its schemes;
(p) constitute such financial, technical
and advisory committees as may be deemed necessary for carrying out the
purposes of this Act and assign functions to the committees;
perform such other functions as are incidental to
the above functions or as may be prescribed or as the Government may assign.
The Authority may, with the consent of the local
conceive, prepare, approve and execute any scheme
pertaining to the functions of the local government, if the local government
is unable to execute it because:
of lack of capacity or expertise to undertake the
the scheme spills over to more than one local
the scheme is beyond the financial capacity of
the local government;
(b) exercise control over land-use, spatial
planning, land-subdivision, land development and zoning by public and
private sectors for purposes of commerce, markets, shopping, residential,
recreation, parks, entertainment, passenger and transport freight and
transit stations, commercialization and approval of private housing schemes;
provide, manage, operate, maintain and improve
the municipal infrastructure and services including:
water supply and control and development of water
resources, drainage, sewerage and sewerage treatment and disposal; and
construction and maintenance of roads and
provide, improve and maintain public open spaces
and landscaping and beautification of the area;
establish and maintain parking stands and levy
parking fee within the area; and
establish club houses, waterfalls, zoo, golf
club, cinemas, water amusement parks and other recreational facilities.
The Authority may, at any time, amend or modify any scheme prepared under
(1) The Authority shall meet at such time and
place as the Chairperson may determine, and shall observe such rules of
procedure with regard to the transaction of business at its meetings as may
(2) The meetings of the
Authority shall be presided over by:
the Vice Chairperson, in the absence of the
by a member of the Authority elected for the
purpose, by the members present, from amongst themselves in the absence of
the Chairperson as well as the Vice Chairperson.
DIRECTOR GENERAL and EMPLOYEES
7. Director General.–
(1) The Director General
shall be appointed by the Government on such terms and conditions as may be
determined by the Government.
The Director General shall be the chief executive of the Authority and
(a) be a whole time officer of the
(b) perform such duties as may be
prescribed or as may be assigned or delegated to him by the Authority; and
(c) hold office for a term of three years
unless removed earlier by the Government without assigning any reason.
Nothing in this section shall preclude the Government from extending the
term of office of the Director General for such period as the Government may
8. Appointment of officers and employees.–
(1) The Authority may, in the prescribed manner and on the prescribed
terms and conditions, appoint such officers, advisors, experts, consultants
and employees as it considers necessary for the efficient performance of its
Authority may acquire the services of such officers, advisors, experts and
employees on deputation from any agency as it deems necessary.
9. Employees to be public servants.–
All persons acting or purporting to act in pursuance of any of the
provisions of this Act shall be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
No suit, prosecution or
other legal proceedings shall lie against the Authority, the Chairperson,
the Vice Chairperson, any member, officer, servant, expert and consultant of
the Authority in respect of anything done or intended to be done in good
faith under this Act.
FUNDS, FINANCE ACCOUNTS AND AUDIT
11. Authority Fund.–
(1) There shall be a Fund
to be known as the [Koh-e-Suleman]
Development 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 other remunerations to the members,
officers, servants, experts and consultants of the Authority.
The following shall be credited to
Development Authority Fund:
(a) all moneys received from the
Government or the Federal Government;
(b) all moneys received from any national
or international agency or organization by way of grant, loan, advance or
(c) all taxes, fees, rates and other
charges received by the Authority under the Act:
(d) all moneys received by the Authority
from the disposal of lands, buildings and other properties, movable and
(e) proceeds from the self-financing
schemes of development and environmental sanitation; and
(f) all other sums receivable by the
The Authority may, with the prior approval of the Government, raise loans or
funds or issue bonds for the performance of any of its functions under this
The Authority shall
maintain proper accounts and other relevant records and prepare annual
statement of accounts in such form as may be prescribed.
The Authority shall prepare every year, in such form and manner and at such
time as may be prescribed, a budget in respect of the next financial year
showing the estimated receipt and expenditure of the Authority and shall
submit it to the Government for approval.
The accounts of the Authority shall be audited annually by such duly
qualified auditors or a government audit
agency or both as may, with the approval of Government, be appointed by the
Authority shall also make such arrangements for pre-audit or concurrent
audit of accounts as may be necessary.
PENALTIES AND PROCEDURE
(1) A person who contravenes any provision of
this Act, or any rules or regulations made under the Act, shall, if no other
penalty is provided for such contravention, be liable to punishment with
imprisonment for a term which may extend to six months or with fine which
may extend to one hundred thousand rupees or with both.
(2) The Magistrate
competent to try an offence under subsection (1) may try the offence in a
summary manner under sections 260 to 265 of the Code of Criminal Procedure,
1898 (V of 1898).
17. Damage to property and disobedience of orders.–
(1) A person who 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 to the use of any
other person, shall be punished with imprisonment for a term which may
extend to one year or with fine which may extend
to one hundred thousand rupees or with both.
person who refuses or neglects to provide any officer or servant of the
Authority with the means necessary for entering into any premises for
purposes of collecting any information or making an examination or enquiry,
shall be liable to imprisonment which may extend to one year or fine or with
person who attempts to commit or abets the commission of an offence
punishable under this Act, shall be deemed to have committed that offence.
person who negligently does any act in the performance of his duties which
causes loss of money or property to the Authority, shall be liable to
imprisonment for a term which may extend to two years or fine or with both.
(5) Any Magistrate
empowered for the time being to try in a summary way the offence specified
in subsection (1) of section 260 of the
Code of Criminal Procedure, 1898 (V of 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 262 to 265 of the said Code.
18. Offences mentioned in the Schedule.–
(1) A person who commits an offence specified
(a) Part-A of the
Schedule appended to this Act, shall be liable to imprisonment for a term
which may extend to seven years or with fine which may extend to five
hundred thousand rupees or with both and where an accused was directed by
the Authority for immediate discontinuance of the offence, the Court may
impose a further fine which may extend to fifty thousand rupees for every
day during the period the accused has persisted with the offence from the
date of its first commission; and
(b) Part-B of the
Schedule appended to this Act, shall be liable to imprisonment for a term
which may extend to three years or with fine which may extend to one hundred
thousand rupees or with both and where an accused was directed by the
Authority for immediate discontinuance of the offence, the Court may impose
a further fine which may extend to ten thousand rupees for every day during
the period the accused has persisted in the offence from the date of its
(2) An offence punishable
under subsection (1) shall be cognizable on a complaint in writing of an
officer authorized by the Authority to the officer
incharge of the police station.
19. Taxes, rates, fees and other charges.–
The Authority may levy and
recover taxes, rates, fees and other charges in the area for purposes of
this Act as may be prescribed.
20. 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
The Authority may, by general or special order, delegate to the Chairperson,
Vice Chairperson, a member, committee, Director General or an officer of the
Authority any of its powers, duties or functions under this Act subject to
such conditions as it may think fit to impose but the following powers shall
not be so delegated:
(a) framing of regulations;
(b) approval of budget and accounts;
(c) approval of the Annual Report;
(d) major policy decisions.
22. Directions by
The Authority shall, in discharging its
functions, act and be guided by such directions as the Government may give
23. Transfer of
Where the Authority ceases to perform a
function and another organization controlled by the Government assumes that
function, the Government may direct:
(a) 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
that such part of the Fund of the Authority as
the Government may determine shall stand transferred to the said
24. Power to make rules.–
Government may, by
notification in the official Gazette, make rules for carrying into effect
the purposes of this Act.
25. Power to make regulations.–
Subject to this Act and
the rules, the Authority may make regulations to carry out the purposes of
26. Overriding effect.–
(1) In the event of
any conflict or inconsistency between the provisions of this Act and the
provisions of any other law except the laws relating to local governments,
the provisions of the Act, to the extent of such conflict or inconsistency,
any conflict or inconsistency arises between the provisions of this Act and
the Punjab Local Government Act 2013 or any other law relating to local
governments, the provisions of law pertaining to local governments shall
prevail to the extent of such conflict or inconsistency.
27. 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 subsection (1) shall be laid before the Provincial Assembly of the
Punjab within six months of its receipt by the Government.
28. Removal of difficulties.–
If any difficulty arises
in giving effect to any provision of this Act, the Government may, within
one year from the commencement of the Act, give such directions, consistent
with the Act, as it may consider necessary for the removal of such
Notwithstanding the repeal of the Fort Monroe Development Authority
Ordinance 2015 (XXXIV of 2015), any action of the Government or of the
Authority taken from the date of repeal of the said Ordinance and till the
date of commencement of this Act shall be deemed to have been taken under
Discharging any dangerous chemical, inflammable, hazardous or offensive
article in any drain, or sewer, public water course or public land vested
in, managed, maintained or controlled by the Authority or an agency in such
manner as it causes or is likely to cause danger to persons passing by or
living or working in the neighbourhood, or causing risk or injury to
property or causing harm to the environment.
Failure of industrial or commercial concerns or such property holders to
provide adequate and safe disposal of affluent or prevention of their mixing
up with the water supply or sewerage system.
Willfully obstructing any officer or servant of Authority or any person
authorized to exercise power conferred under this Act.
Failure to deliver back possession of a property to the Authority on
expiration or cancellation of a lease or allotment.
an act without license, approval or permission when the doing of such act
requires a license or permission under any of the provisions of the Act, the
rules or regulations.
Establishing any parking stand on any property or on any open space and
public park or land vested in or managed, maintained or controlled by the
Authority or any agency.
Establishing temporary shops or running any restaurant or vending stalls for
eatables, wooden khokas or any sort of
commercial activity on any road, street, footpath, public place, over a
drain, or any other property vesting in the Authority.
Willfully causing damage, or allowing damage to be caused to any property
which vests in the Authority, or which is intended to be acquired by the
Authority, or unlawfully converting it to his own or any other person’s use.
Without lawful excuse, failing or refusing to comply with any direction or
order issued by the Authority under the Act.
Unauthorized occupation of the property of the Authority.
Attempting to commit or abetting the commission of an offence punishable
under the Act.