THE NEW MURREE
DEVELOPMENT AUTHORITY ACT, 2004
(Pb. Act I of
1. Short title and
3. Establishment of
New Murree Development Authority.
Constitution of the Authority.
Headquarters of Authority.
Functions and powers of the Authority.
8. Appointment of
officers and employees.
9. Employees to be
11. Authority Fund.
16. Causing damage to
property and disobedient of orders.
17. Cognizance of
18. Water resources.
19. Taxes, rates, fees
and other charges.
20. Recovery of dues.
21. Conversion of
property to a different use.
22. Removal of building
etc., erected or used in contravention of this Act.
23. Power to make rules.
24. Power to make
25. Act to override
26. Dissolution of
27. Removal of
NEW MURREE DEVELOPMENT AUTHORITY ACT 2004
(Act I of 2004)
An Act to provide for establishment of the
New Murree Development Authority.
Preamble.– Whereas it is
expedient in the public interest to establish an Authority for planning,
development and management of a new township near Murree and to make
provisions for matters connected therewith and ancillary thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.–
(1) This Act may be called the New Murree Development Authority
It shall extend to such areas as may be notified by the Government from time
(3) It shall come into force at once.
2. Definitions.– In this Act, unless
the subject or context otherwise requires,–
(a) “Agency” means any department or
organization of Federal, Provincial or Local Government;
(b) “area” means the area notified by
the Government from time to time to be the area of the Authority;
(c) “Authority” means the New Murree
Development Authority established under this Act;
(d) “Government” means the Government
of the Punjab; and
(e) “prescribed” means prescribed by
rules made under this Act.
3. Establishment of New Murree
Development Authority.– (1) As soon as may be after the commencement of
this Act, the Government shall establish an Authority to be called the New
Murree Development Authority for carrying out the purposes of this Act.
The Authority shall be a body corporate, with perpetual succession and a
common seal, with powers, subject to the provisions of this Act, to acquire
and hold property, both movable and immovable, and may, by the said name,
sue and be sued.
Constitution of the Authority.–
The Authority shall consist
of the Punjab;
Secretary, Government of the
Planning & Development Department, Government of the
Finance Department, Government of the
Tourism and Resort Development Department
Housing, Urban Development & Public Health Engineering Department,
Government of the
Forestry, Wildlife [and]
[* * *]
Department, Government of the
Communication & Works Department, Government of the
Environment Protection Department, Government of the
General, New Murree Development Authority; and
non-official members to be appointed by the Government.
(2) The members except 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 a notice in writing under his hand addressed to
the Chairman, resign from his office.
(4) No act or proceedings of the Authority shall become invalid
merely on the ground of the existence of any vacancy or defect in the
constitution of the Authority.
(5) Meetings of the Authority
shall be held at such times and places and in such manner as the Chairman
Headquarters of Authority.–
Until the Authority establishes its headquarters within the area, its
headquarters may be situated at any place in the province of the
as may be notified by the Government.
Director General.– (1) The
Director General shall be appointed by the Government on such terms and
conditions as may be determined by the Government.
(2) The Director General shall be the Chief Executive of the
Authority and shall–
(a) be a whole time officer of
(b) perform such duties as may be assigned to him and exercise
such powers as may be 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
(3) Nothing in this section shall preclude the Government from
extending the term of office of Director General for such period as the
Government may determine.
Functions and powers of the Authority.– (1) Subject to the provisions
of this Act and any rules framed thereunder, the
Authority may exercise such powers and take such measures as may be
necessary for the planning, development and management of the area.
Without prejudice to the generality of the foregoing sub-section, the
(a) prepare and approve a master
plan and a phased master programme for the
development of the area;
(b) pursuant to the approved master plan and the master
programme, call upon any Agency to prepare or
execute, in consultation with the Authority, a scheme or schemes in respect
of matters ordinarily dealt with by such Agency and approval of such schemes
shall vest with the Authority;
(c) establish, maintain and
periodically revise as necessary, planning, controls and building
regulations for the area in order –
to provide appropriate urban design and protect public safety; and
(ii) to ensure compliance
with the Master Plan after its preparation; and
(d) take all steps and measures
necessary for the implementation and enforcement of the provisions of
clauses (a) to (c) above.
restricting the scope of sub-sections (1) and (2), the Authority may–
(a) prepare, implement and
enforce schemes for environmental improvements, housing, water supply,
sewerage, drainage, solid waste disposal, transportation and traffic, health
and education facilities and preservation of objects or places of
historical, archaeological, scientific, cultural and recreational
(b) take any steps or adopt any
measures for the beautification of the area;
(c) acquire property, both
moveable and immoveable;
(d) sell, lease, exchange or
otherwise dispose of any property vested in it;
(e) undertake any works and
incur any expenditure;
(f) procure machinery,
instruments or any other material required by it;
(g) enter into contracts;
(h) cause studies, surveys,
experiments or technical researches to be made or contribute towards the
cost of any such studies, surveys, experiments or technical researches;
issue interim development orders for areas for which a scheme is under
preparation and restrict or regulate by general or special order any change
in the use of land and alteration in building structures and installations;
(j) cause removal of any works
obstructing the execution of its schemes;
(k) construct, maintain,
upgrade and exclusively charge toll on roads, or such other facilities
within the area;
(l) seek and obtain advice and
assistance for the preparation of any scheme, or for the execution of any
scheme from any Government Agency or person;
(m) constitute such financial,
technical and advisory committees, as may be deemed necessary for carrying
out the purposes of this Act and such committees shall exercise such powers
and perform such functions as may be delegated or assigned to them by the
(n) by general or special
orders, delegate to the Director General or any committee or member or
officer of the Authority, any of its powers, duties or functions under this
Act subject to such conditions as it may deem fit to impose; and
(o) perform any or all civic
functions including policing and watch and ward for the enforcement of the
provisions of this Act.
(4) No planning or development scheme
shall be prepared by any person or by agency in the area except with the
concurrence of the Authority.
(5) Any scheme prepared under this Act
may at any time be amended or modified by the Authority.
(6) No person shall, without the prior
written consent of the Authority, allocate, exploit or in any manner utilize
any natural resources used as construction material in the area.
anything contained in any other law for the time being in force, the
Authority may exercise and perform any or all powers and functions of the
local government as defined and provided under the Punjab Local Government
Ordinance, 2001 (XIII of 2001).
8. Appointment of officers and employees.
– (1) The Authority may, from time to time appoint such officers,
advisers, experts, consultants and employees as it considers necessary for
the efficient performance of its functions on such terms and conditions as
it may deem fit.
(2) The Authority
may acquire the services of such officers, advisers, experts and employees
on deputation from any agency as it considers 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).
10. Indemnity.– No suit, prosecution or
other legal proceedings shall lie against the Authority, the Chairman, any
member, officers, servants, experts and consultants of the Authority in
respect of anything done or intended to be done in good faith under this
11. Authority Funds.– (1) There shall
be formed a fund to be known as the “New Murree 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.
(2) Following shall be credited to the
“New Murree Development Authority Fund”:-
(a) grants and loans made by the
(b) all moneys received from
Government or any international agency by way of grants, loans, advances or
(c) all taxes, fees, rates and
other 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;
(f) all other sums receivable by
12. Accounts.– The Authority shall
maintain proper accounts and other relevant records and prepare annual
statement of accounts in such form as may be prescribed.
13. Budget.– The Authority shall
prepare and approve every year, in such form and at such time as may be
prescribed, a budget in respect of the financial year next ensuing showing
the estimated receipt and expenditure of the Authority.
14. Audit.– The accounts of the
Authority shall be audited annually by duly qualified auditors appointed by
15. Penalty.– Whoever contravenes any
provision of this Act, or any rules or regulations made
thereunder shall, if no other penalty is provided for such
contravention, be punishable with imprisonment for a term which may extend
to six months or with fine or with both.
16. 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 which is
intended to be acquired by 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 or with both.
(2) Whoever refuses or 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 shall be punishable with imprisonment which
may extend to one year or fine or with both.
(3) Whoever attempts to commit or abets
the commission of an offence punishable under this Act, shall be deemed to
have committed that offence.
negligently does any act in the performance of his duties which causes loss
of money or property to the Authority, shall be liable to be punished with
imprisonment for a term which may extend to two years or fine or with both.
17. Cognizance of offences.– (1) 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
(2) A court taking cognizance of the
offences punishable under this Act shall try such offences in a summary
manner in accordance with the provisions of the Code of Criminal Procedure,
1898 (Act V of 1898).
18. Water resources.– The Authority
shall have the exclusive right to use water emanating from the main source
situated outside the area and other resources of supply within the area.
19. Taxes, rates, fees and other charges.–
The Authority may levy and recover taxes, rates, fees and other charges
in the area for the purposes of this Act as may be notified.
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 land revenue.
21. 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 the default continues or with imprisonment for a term which may extend
to one year or with both.
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 of any rule, regulation or order made
thereunder, the Authority or any person
authorized by it in this behalf, may, by an 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 provisions of this Act.
(2) If an order under sub-section (1)
in respect of any building, structure, work or land is not complied within
such time, as may be specified therein, the Authority in this behalf may
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 as aforesaid.
23. Power to make rules.– Government
may, by notification in the official Gazette, make rules for carrying into
effect the purposes of this Act.
24. Power to make regulations.– The
Authority may make regulations as may be necessary, to carry out the
purposes of this Act and rules framed thereunder.
to override other laws.–
In the event of any conflict or inconsistency between the provisions of this
Act and the provisions of any other law for the time being in force, the
provisions of this Act, to the extent of such conflict or inconsistency,
shall have an overriding effect.
26. Dissolution of Authority.–
(1) The Government may, by notification in the official Gazette, declare
that the Authority shall be dissolved on such date as may be specified in
such notification and the Authority shall stand dissolved accordingly.
(2) (a) On the dissolution of the
Authority under this Act–
all properties, funds and dues placed at the disposal of the Authority by
the Government; and
(ii) all properties,
funds and dues exchanged for, derived from or otherwise attributable to the
properties, funds and dues referred to in clause (i)
which, immediately before the dissolution, were held by or were releasable
by the Authority, or were realizable by the Authority, shall vest in, and be
realizable by the Government;
(b) all properties, funds and
dues, other than those referred to in clause (a) which immediately before
the dissolution were vested in or were realizable by the Authority shall
vest in and be realizable by such Agency as the Government may determine and
its decision thereon shall be final;
(c) all liabilities which,
immediately before the dissolution were enforceable against the Authority
shall be assumed by and be enforceable against the Government or such Agency
as the Government determines under clause (b);
(d) for the purpose of completing the execution of any scheme
which has not been fully executed by the Authority and of realizing
properties, funds and dues referred to in clauses (a) and (b) the functions
of the Authority under this Act shall be discharged by the Government or by
the Agency determined by the Government under clauses (b) and (c); and
(e) the Agency referred to in
clauses (b), (c ) and (d) shall keep such accounts of all moneys received
and expended by it under this Act as the Government may determine.
27. Removal of difficulties.– If any
difficulty arises in giving effect to any provision of this Act, the
Government may give such directions, as it may consider necessary for the
removal of such difficulty.