Punjab Katchi Abadis Act, 1992
(Pb. Act VIII of 1992)
1. Short title, extent
3. Appointment of
4. Powers and
functions of the Director-General.
5. Constitution of
6. Declaration of
Katchi Abadis and Acquisition of Land.
8. Shifting of
Occupants of Katchi Abadis.
9. Katchi Abadis Fund.
10. Loans, grants, aid
11. Custody and
12. Utilisation of the
16. Betterment fee.
17. Delegation of
19. Power of Government
to give Directions.
20. Offences and their
22. Power to make Rules.
23. Removal of
Punjab Katchi Abadis Act, 1992
(Pb. Act VIII of 1992)
An Act to make provisions for
regularisation, development and improvement of Katchi Abadis
Preamble.— Whereas it is expedient to
make provisions for regularisation of Katchi Abadis and to provide for
development and improvement thereof.
It is hereby enacted as follows:-
1. Short title, extent and
commencement.— (1) This Act may be called the Punjab Katchi Abadis Act,
(2) It shall extend to the
whole of the Province of the Punjab.
(3) It shall come into
force at once.
2. Definitions.— (1) In this
Act, unless there is anything repugnant in the subject or context—
‘Tehsil Municipal Administration’ means a Tehsil Municipal Administration
constituted under the Punjab Local Government Ordinance, 2001 and includes a
Town Municipal Administration constituted in a City District;]
(ii) ‘Development Authority’ means a
Development Authority constituted under any law, for the time being in
(iii) ‘Director-General’ means the
Director-General of Katchi Abadis, Punjab;
(iv) ‘Dwelling Unit’ means a house or
any similar structure, built of any material, and used wholly or partially
for human habitation;
(v) ‘Implementation Committee’ means
a Committee constituted under Section
of this Act;
(vi) ‘Katchi Abadi’ means any area
declared as such under Section
of this Act;
(vii) ‘Prescribed’ means prescribed by
(viii) ‘Rules’ means rules framed under
(2) Words and expression
not defined in this Act shall, unless the context otherwise requires, have
the meanings assigned to them in the Punjab Local Government Ordinance,
(XIII of 2001)].
3. Appointment of
Director-General.— (1) There shall be appointed by Government a
Director-General for carrying out the purposes of this Act.
(2) The Director-General
shall be provided with such officers and staff as is considered necessary by
the Government for the efficient performance of the functions of the
4. Powers and functions of the Director-General.—
(1) Subject to the provisions of this Act and general control of the
Government, the Director-General, shall exercise such powers and perform
such functions and duties as may be necessary for carrying out the purposes
of this Act.
(2) Without prejudice to
the generality of the foregoing provision, the Director-General shall—
(i) implement policies
formulated by the Government for the regularisation, development and
improvement of a Katchi Abadi;
(ii) lay-down guidelines
for the implementation of such policies by the concerned authorities;
(iii) identify an area to be
declared as a Katachi Abadi under this Act;
(iv) arrange or carry out detailed physical survey, and
census of occupants of the Katchi Abadis and prepare or cause to be prepared
plans and amelioration plans and designs of infrastructural works in
connection with the regularisation and development of the Katchi Abadis;
(v) formulate development
and financial programmes in respect of the Katchi Abadis and determine
implementation strategy of such programme;
(vi) oversee the operation
of the fund;
(vii) acquire, hold, control
and administer, movable or immovable property or dispose of such property;
(viii) prepare or cause to be
prepared schemes and execute or cause to be executed such schemes;
(ix) undertake, where
necessary, low cost housing and redevelopment schemes for resettlement of
shiftees from the Katchi Abadis and the areas which are not regularisable as
(x) enter into and perform
(xi) incur expenditure for carrying out the purposes of
(xii) arrange civic amenities and civic services in the
Katchi Abadis through the
Municipal Administration/ Development Authorities/Cantonment Boards], other
concerned agencies or donor agencies of
Pakistan or foreign origin;
(xiii) take such steps as may
be necessary or conducive to the attainment of the objects of the
appointment of the Director-General;
(xiv) inspect or cause to be
inspected the development schemes of Katchi Abadis and may issue such
instructions as may be necessary with regard to the sanctioning and
preparation of such schemes;
(xv) call for the record of
any of the proceedings of the Implementation Committee and to alter its
decisions if deemed proper subject to the prior approval of the Government;
(xvi) evict or cause to be
evicted unauthorised persons or remove or cause to be removed encroachments
from Katchi Abadis in accordance with the law for the time being in force;
(xvii) decide, with the prior approval of the Government, all
disputes between the District Implementation Committee and Local Authorities
with regard to Survey Lists, fixation of market price of the land and all
matters concerning the regularisation or development of Katchi Abadis; and
(xviii) issue directions with
regard to Survey Lists, fixation of market price and development charges.
5. Constitution of Implementation
Committees.— (1) There shall be an Implementation Committee in each
Development Authority or
Municipal Administration/Cantonment Board] in which a Katchi Abadi is
(2) The Committee shall
consist of a Chairman and such other members as Government may appoint.
(3) The Committee may
co-opt any person as its member for any particular purpose.
(4) The Committee shall:-
(i) assist the Government and
the Director-General in the performance of their functions;
(ii) be responsible for
effective co-ordination of the activities of the Director-General pertaining
to Katchi Abadis with those of the concerned Agencies in the respective
(iii) ensure prevention of
encroachments in Katchi Abadis;
(iv) take such steps as may be
necessary or conducive to the attainment of the objectives of this Act; and
(v) perform such other
functions as may be assigned to it by the Government.
(5) The Committee shall
function in such manner as the Government may specify.
6. Declaration of Katchi Abadis and
Acquisition of Land.— (1) Subject to the provisions of sub-sections (2),
(3), (4) and (5) and the directions, if any, of Government, the
Director-General may, after such enquiry as he deems fit, by notification in
the official Gazette, declare any area or part thereof which was occupied
unauthorisedly before the 23rd of March, 1985 and continues to be so
occupied and has at least forty dwelling units on it to be a Katchi Abadi:
Provided that the Government may
notification from time to time re-determine the number of dwelling units for
the purpose of declaration of a Katchi Abadi.
(2) No area belonging to the Federal Government or
any authority or Corporation or body established or controlled by the
Federal Government shall be declared as Katchi Abadi without the consent of
the Federal Government.
(3) Except as otherwise
provided, no area owned by a person or a society shall be declared as Katchi
Abadi except with the consent of such person or society and the Katchi Abadi
so declared shall be subject to such terms and conditions as may be agreed
to between such person or, as the case may be, society and the
(4) Except as otherwise
directed by the Government, no area which is reserved for the purposes of
roads, streets, water supply arrangements, sewerage or other conservancy
arrangements, hospitals, schools, colleges, libraries, playgrounds, gardens,
mosques, graveyards, railways, high tension lines, or similar other purposes
or is not safe from flood hazard, shall be declared to be a Katchi Abadi.
(5) Where the Government is
of the opinion that the area referred to in sub-section (3) cannot be
acquired by consent or agreement, the area may be acquired under the
provisions of the Land Acquisition Act, 1894 (I of 1894).
(6) An area declared to be a Katchi Abadi shall, subject
to the agreement referred to in sub-section (3), vest in the Development
Authority or the
Municipal Administration] within whose area it falls.
7. Schemes.— (1) The
Director-General shall prepare or cause to be prepared schemes for
development, improvement, or regularisation of Katchi Abadis including the
grant of proprietary rights in Katchi Abadis to the dwellers thereof and the
schemes so prepared shall have effect on being sanctioned by the Government.
(2) The schemes may relate
(i) community planning,
housing, re-housing including low cost housing and amelioration;
(ii) rehabilitation of
occupants of Katchi Abadi in the same Katchi Abadi or where it is not
possible in some other area or locality;
(iii) community facilities
including water supply, sewerage disposal, electricity supply, gas and other
public utilities or amenities;
(iv) roads and streets; and
(v) any subject or matter
incidental or ancillary to the purposes of this Act.
(3) Government may, by notification in the official
Gazette, alter or amend the list of subjects given in sub-section (2), and
any such addition or modification shall take effect as if it had been
enacted in this Act.
(4) All schemes shall be
prepared in such manner and form as Government may specify, and shall
contain, among other things, the following information, namely:-
(i) description of the scheme
and the manner of its execution;
(ii) estimate of costs and
(iii) allocation of costs to the
various purposes to be served by the scheme;
(iv) date of commencement; and
(v) date of completion.
(5) At any time after
sanctioning of any scheme but before its completion, Government may, on its
own motion or on the recommendation of the Director-General, alter it.
(6) The Director-General,
and if so directed by him the concerned Development Authority or
Municipal Administration], shall execute or
cause to be executed the sanctioned schemes and take such measures and
exercise such powers including the power of removal of encroachments in
accordance with the law for the time being in force as may be necessary for
8. Shifting of Occupants of Katchi Abadis.—
(1) Occupants of any Katchi Abadi may, with the prior approval of the
Government, be shifted by the Director-General if the land under a Katchi
Abadi or a part thereof—
(a) is not transferred by the owner of
(b) is required for providing civic
amenities in the Katchi Abadis;
(c) is low-lying and its development is
not economical; or
(d) is required for any public purpose.
9. Katchi Abadis Fund.— (1)
There shall be a separate fund of each concerned Development Authority or
Municipal Administration] to be known as Katchi
(2) The fund shall consist
(i) grants and subsidy
received from the Federal Government, the Provincial Government or any Local
(ii) loans raised or obtained
by the Development Authority or the
(iii) contributions or donations, aid or gifts received by the
the Development Authority
* *]; and
(iv) price of land and
development charges, recovered under this Act and other charges, if any, for
services rendered by the Development Authority or the
10. Loans, grants, aid and gifts.—
The Director-General may, with the previous sanction of and on such terms
and conditions as may be approved by Government, obtain—
(i) loans from banks and other
sources for carrying out the purposes of this Act; and
(ii) grants, aid, or gifts from
donor agencies of
or foreign origin.
Custody and investment.— The
amounts credited in the fund shall be operated, kept and invested in such
manner as may be prescribed.
12. Utilisation of the Fund.— The
amount credited in the fund shall be utilised for carrying out the purposes
of this Act.
13. Accounts.— (1) The accounts of
the fund shall be maintained in such manner and form as may be prescribed.
(2) An annual statement of
the accounts shall be prepared by the Development Authority or
Municipal Administration] after the close of
every financial year and shall be transmitted to the Director-General by
such date as may be prescribed.
14. Audit.— The accounts of the fund
shall be audited by such Audit Agency as may be prescribed.
15. Surcharge.— Every member,
official or servant of a Development Authority or a
Municipal Administration] and every person
charged with the administration of the fund or acting on behalf of a
Development Authority or a
Municipal Administration] under this Act shall
for misappropriation or misapplication of any money of the fund which is a
direct consequence of his negligence or misconduct, be liable to pay such
surcharge as may be determined by Government after giving the person
concerned a reasonable opportunity of being heard and such amount shall be
recoverable by the Director-General as arrears of land revenue.
16. Betterment fee.— (1) Where the
Government is of the opinion that in consequence of the execution of any
scheme the value of any property involved in such scheme has increased or
will increase, it may levy upon such property a betterment fee and collect
or cause to be collected the same from the owner thereof or any person in
possession thereof or having interest therein.
(2) The betterment fee
shall be levied at such rate as may be determined by the Government:
Provided that such fee shall not
be more than half of the amount by which the value of the property on the
completion of the execution of the scheme exceeds the value of the property
prior to such execution.
(3) When it appears to the
Government that any scheme is sufficiently advanced to enable the
determination of the betterment fee, the Government may, by an order made in
this behalf, declare, that for the purpose of levying the betterment fee,
the execution of the scheme shall be deemed to have been completed and
thereupon give notice in writing to the owner of the property or any person
in possession thereof or having interest therein that the Government
proposes to determine the betterment fee in respect of such property.
(4) The Government shall at
the expiry of fifteen days after the service of the notice under sub-section
(3) or if any representation is received by the Government against the
determination of betterment fee, after decision on such representation
proceed to levy and collect or cause to be collected betterment fee in such
manner and in accordance with such procedure as may be prescribed.
17. Delegation of powers.— (1) The
Government may delegate any of its powers under this Act to the
(2) The Director-General may, with the previous approval
of the Government and subject to such conditions as it may impose, delegate
to any person, agency or authority any of his powers, duties or functions
under this Act, not being the powers delegated to him under sub-section (1).
18. Committees.— The
Director-General may constitute financial, technical or advisory committees
with such constitution and functions as the Government may specify.
19. Power of Government to give
Directions.— (1) Government may, from time to time, give such directions
as it considers necessary for the guidance and compliance by the
(2) The Government may
require the Director-General, the Development Authority or the
Municipal Administration] to furnish to it any
document, return, statement or any other information regarding any matter
under this Act, and the Director-General, the Development Authority or the
Municipal Administration] shall comply with
20. Offences and their Cognizance.—
(1) Whoever obstructs or causes to obstruct any person in the discharge of
his duties or execution of any scheme or work under this Act or contravenes,
attempts to contravene or abets the contravention of the order or direction
given under this Act or rules in connection with the execution of such
scheme or work shall be punished with imprisonment for a term which may
extend to one year or with fine which may extend to twenty thousand rupees
or with both.
(2) No court shall take cognizance of any offence under
this Act except on a complaint in writing made by the Government, the
Director-General or by a person duly authorised by it or him in this behalf.
(3) No court, inferior to
that of a Magistrate of the First Class shall be competent to take
cognizance of an offence under this Act.
21. Validation.— All appointments or
regulations made, notifications, orders, instructions or notices issued,
Katchi Abadis declared, schemes prepared, or caused to be prepared, surveys
conducted or caused to be conducted, contracts entered into, rights acquired
or granted, claims made, proceedings or actions taken before the
commencement of this Act by the Government or any officer or authority in
exercise of powers derived from the Government with regard to regularisation
or development of Katchi Abadis shall be deemed to have been respectively
made, issued, declared, prepared or caused to be prepared, conducted, caused
to be conducted, entered into, acquired, granted, made, or taken under this
22. Power to make Rules.— The
Government may make rules for carrying out the purposes of this Act.
23. Removal of difficulties.— If any
difficulty arises in giving effect to any of the provisions of this Act, the
Government may make such orders as may appear necessary or expedient for the
purpose of removal of the difficulty.