THE RAVI URBAN DEVELOPMENT AUTHORITY ACT 2020
(Act XVII of 2020)
C O N T E N T S
Section
1. Short title, extent and commencement.
2. Definitions.
3. Area of the Authority.
4. Establishment of the Authority.
5. Disqualifications of members.
6. Powers and functions of the Authority.
7. Meetings.
8. Appointment of the Chairman and term of office.
9. Resignation or removal of Chairman.
10. Delegation.
11. Appointment of officers and employees.
12. Termination from service.
13. Liability for loss.
14. Committees.
15. Preparation of schemes.
16. Establishment of housing schemes, projects.
17. Land use.
18. Control of Master Plan.
19. Power to give directions.
20. Power to execute schemes.
21. Directions by the Government.
22. Transfer of functions.
23. Controlled area.
24. Powers to remove sources of pollution.
25. Beautification and horticulture.
26. Borrowing money.
27. Power to levy betterment fee.
28. Assessment of betterment fee.
29. Liability to acquisition.
30. Acquisition of Land for the Authority.
31. Compensation.
32. Purchase, lease or exchange of property.
33. Joint venture, outsourcing and procurements.
34. Ravi Urban Development Authority Fund.
35. Rates and fees.
36. Fees on tube wells.
37. Accounts.
38. Budget.
39. Audit.
40. Penalty.
41. Offences and cognizance.
42. Annual report.
43. Recovery of dues.
44. Conversion of property to a different use.
45. Ejectment of unauthorized occupants.
46. Removal of building, erected or used in contravention of this Act.
47. Members, officers and employees to be public servants.
48. Immunity of the Authority and its employees.
49. Jurisdiction of courts barred.
50. Act to prevail over other laws.
51. Savings and transfer of actions.
52. Amendment of the Schedule.
53. Removal of difficulties.
54. Power to make rules.
55. Power to frame regulations.
56. Municipal and local government functions.
57. Repeal.
SCHEDULE
[1]THE RAVI URBAN DEVELOPMENT AUTHORITY ACT 2020
ACT XVII OF 2020
[11th August 2020]
An Act to establish the Ravi Urban Development Authority.
It is necessary in public interest to establish Ravi Urban Development Authority for the purpose of comprehensive system of planning and development in the area specified in Master Plan of the Authority to improve the quality of life in the area; to establish an integrated modern and regional development approach and a continuing process of planning and development by achieving the highest environmental standards, quality of life and modern standard facilities; to make a healthy and prosperous community in its area as determined by the Government from time to time; and, to rehabilitate water aquifer and the dying Ravi River into fresh perennial water body with a state-of-the-art water front and urban development on reclaimed and adjoining lands.
It is also necessary in public interest to evolve policy and programs relating to the improvement of the environment for housing, industrial development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal and other objectives on profit and non-profit basis; to carry out refurbishment, uplifting and maintenance of infrastructure and the performance of other modern civic and municipal ventures or tasks; and, to provide for the ancillary matters.
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement. (1) This Act may be cited as the Ravi Urban Development Authority Act 2020.
(2) It extends to such areas as the Government may, in the official Gazette, from time to time notify.
(3) It shall come into force at once.
2. Definitions. In this Act:
(a) Agency means an Agency established by the Authority to perform one or more of its functions under this Act;
(b) area means the area as defined under section 3;
(c) Authority means the Ravi Urban Development Authority established under section 4 of this Act;
(d) Chairman means the Chairman of the Authority appointed in terms of section 8 of this Act;
(e) Collector means Land Acquisition Collector under the Land Acquisition Act, 1894 (I of 1894).
(f) Compensation means payment in the form of cash or, at the option of the land owner, in any other form such as bonds, debentures, annuities, alternate land, developed sites or a combination of two or more of such forms;
(g) concession means the grant by the Authority of any of its rights, privileges or functions to a person in consideration of the investment made or arranged by such person at the instance of the Authority on any infrastructure development project;
(h) conversion means any change in use of land or property from the one originally provided in an approved scheme or Master Plan of an area;
(i) Director General means the Director General of an Agency;
(j) District Collector means Collector of the District under the Punjab Land Revenue Act, 1967 (XVII of 1967);
(k) fee means an amount levied by the Authority on the land, area, scheme or property on account of any privilege, benefit, services, transfer of rights and interests, issuance of a licence or permission or any cost and includes charges for provision of water supply, construction, maintenance and network of roads, drainage, sewerage and other ancillary services;
(l) finance shall have the same meanings as assigned in the Financial Institutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001);
(m) financial institution shall have the same meanings as assigned in the Financial Institutions (Recovery of Finances) Ordinance, 2001 (XLVI of 2001);
(n) Fund means the Ravi Urban Development Authority Fund established under this Act;
(o) Government means Government of the Punjab;
(p) Government agency includes:
(i) a department, bureau, commission, board, office, or unit of the Government;
(ii) a local government; and
(iii) a developmental or any other public authority, company or corporation owned or controlled by the Government or a local government;
(q) housing finance means finance provided by a financial institution to the individuals, persons or companies for the construction, refurbishments or purchase of the residential houses and plots, commercial plots or buildings, projects, units or apartments;
(r) housing scheme means a scheme which provides for residential sites, houses or apartments including ancillary land in the area for uses such as:
(i) building and other facilities for health, education, recreation, culture, transportation, communication and shopping;
(ii) environmental improvement; and
(iii) utility services such as water supply, drainage, sewerage, sanitation, electricity, fuel and other related services;
(s) joint venture means entering into an agreement as partner;
(t) land includes earth, water and air, above, below or on the surface and any improvements in the structure customarily regarded as land and benefits arising out of land and things attached to earth or permanently fastened to earth;
(u) local government means a local government as defined in the Punjab Local Government Act, 2019 (XIII of 2019);
(v) Master Plan means the independent Master Plan of the Authority for the area notified and prepared in the traditional method for presenting a set of land usage, allocation and control measures in the form of a map or in graphical form and is supported by written statement of goals and objectives, strategy, financial implications and policies for planning and development for an area and includes a structure plan, an outline development plan, a spatial plan and a peri-urban structure plan;
(w) member means a member of the Authority;
(x) person includes an individual, company, firm, institution, Government agency, co-operative society or association of individuals whether incorporated or not;
(y) person interested includes a person claiming an interest in the compensation to be made on account of the acquisition of land under the Act;
(z) prescribed means prescribed by the rules or the regulations;
(aa) regulations means the regulations framed under this Act;
(bb) rules means the rules made under this Act;
(cc) scheme means projects approved for urban development, redevelopment, regeneration, or renewal, areas notified for specific use, traffic control plans, classification and reclassification plans, housing scheme or zoning scheme in the area; or infrastructure and services including transportation systems and road networks, healthcare facilities, recreational facilities, parks and theme parks, educational facilities, cultural facilities, communication and civic facilities, water supply and drainage systems, sewerage and sanitation, energy generation, procurement, transmission and distribution systems including for electric power through any other energy source or industrial estates and all systems and facilities or works incidental or ancillary thereto, planned, made, undertaken and / or supervised and/ or approved by the Authority under this Act;
(dd) Schedule means the Schedule appended to this Act;
(ee) service area means an area to be notified as such by the Authority and in which an Agency provides services;
(ff) sponsor means the sponsor or developer of a private housing scheme and, for the purpose of an offence liable to imprisonment under this Act, includes the chief executive officer, director or any other individual in charge of the scheme on behalf of the sponsor entity; and
(gg) toll means a charge levied and collected for the use of roads, bridges, flyovers, underpasses or similar other facilities.
3. Area of the Authority. The Government shall, by notification in the official Gazette, specify the area of the Authority as may be determined by the Government.
4. Establishment of the Authority. (1) The Government shall, by notification in the official Gazette, establish an Authority to be known as the Ravi Urban Development Authority for carrying out the purposes of this Act.
(2) 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.
(3) The Government shall review the performance of the Authority and may, from time to time, give general policy directions to implement such directions.
(4) The Authority shall be headed by a Chairman to be appointed by the Government, and shall consist of the following members:
(a) four ex-officio members not below the rank of Secretaries to the Government to be nominated by the Government;
(b) five non-official members to be nominated by the Government for three years, and in case of casual vacancy, a member, other than the Chairman, in like manner be nominated by the Government for the remaining unexpired term of the outgoing member; and
(c) two technical experts or professionals, to be appointed by the Government in such manner, on such criteria and on such terms and conditions as may be prescribed.
(5) No act or proceeding of the Authority shall be invalid merely by reason of any vacancy in, or defect in the constitution of the Authority.
5. Disqualifications of members. (1) No person shall
be, or shall continue to be a member who:
(a) is or, at any time, has been convicted of an offence involving moral turpitude; or
(b) is or, at any time, has been adjudicated insolvent; or
(c) is found to be a lunatic or of unsound mind; or
(d) is a minor; or
(e) has a financial interest in any scheme or a conflicting interest, directly or indirectly, between his interests as a member and his private interests, and has failed to disclose such interest in writing to the Authority.
(2) A member, other than an ex-officio member, may resign from his office at any time under his hand addressed to the Government and such resignation shall be effective from the date of acceptance by the Government.
(3) The Government may remove the Chairman or a member, other than an ex-officio member, subject to notice and opportunity of hearing, during the term of office if such member is:
(a) disqualified to be a member; or
(b) absent from three consecutive meetings of the Authority without prior permission of the Chairman; or
(c) found guilty of misconduct.
6. Powers and functions of the Authority.- Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of this Act, the Authority may, with the agreement of the local government concerned and on such terms and conditions as may be prescribed, shall have powers to:
(i) initiate and maintain a continuous process of master planning, urban planning, spatial planning for the area;
(ii) update or amend the Master Plan and take all steps and measures necessary for the implementation and enforcement of the Master Plan;
(iii) prepare and periodically revise land use and building regulations for the area to implement the Master Plan, and the land use in its area shall be the exclusive responsibility of the Authority;
(iv) outsource one or more of its functions for smooth functioning and implementation of the Master Plan, building controls and infrastructure development;
(v) plan, promote, organize and implement programmes for construction, development, operation, repair, rehabilitation, security and maintenance of the infrastructure;
(vi) develop, operate and maintain water supply, sewerage, drainage, wastewater treatment, disposal and groundwater level improvement, and water treatment plants and water management in its area shall be the exclusive responsibility of the Authority and it may fix any tariff as it deems necessary and / or enter into any agreement with any other person for the same purpose;
(vii) coordinate with Irrigation Department of the Government for regulating water flows within its area;
(viii) prepare, plan, design and implement a comprehensive transportation plan for the area;
(ix) plan, design and implement traffic engineering and traffic management programs;
(x) prepare, plan and implement solid waste management plan for the area;
(xi) maintain green areas and aquaculture in its area, preserve and develop forest lands and horticulture;
(xii) prepare asset management schemes regarding the property under its management;
(xiii) prepare, implement and enforce schemes for environmental improvements, housing, urban renewal including slum improvement and redevelopment, solid waste disposal, transportation and traffic, health and educational facilities and preservation of objects or places of historical, archaeological, scientific, cultural and recreational importance;
(xiv) prepare Annual Development Programmes for the area and ensure compliance of the Annual Development Programmes with established priorities;
(xv) prepare the annual budget of the Authority;
(xvi) take any steps or adopt any measures for the face lifting, beautification, greenery and horticulture of the area and the same shall be the exclusive responsibility of the Authority in its area and /or the Authority may enter into any agreement with any other entity, Agency or Authority for the purpose;
(xvii) acquire or dispose of property both movable and immovable or any interest in the property;
(xviii) sell, lease, exchange or otherwise dispose of or grant license or concessions in respect of any property vested in it;
(xix) raise funds through borrowing, investments, leasing of assets or any other means in the prescribed manner;
(xx) enter into and perform such contracts with local and international organizations including but not limited to join venture, as may be necessary for carrying out the purposes of the Act;
(xxi) award contracts for projects or schemes to be undertaken through public financing or through public private partnership;
(xxii) enter into partnerships with national and international development agencies, organizations or companies or through joint ventures;
(xxiii) undertake any works and incur any expenditure within area or service area;
(xxiv) procure machinery, instruments or any material required for carrying out the purpose of this Act;
(xxv) levy, collect or cause to be collected tolls on the use of the roads, bridges, flyovers, underpasses, any infrastructure or such other facilities within the area and grant concessions in respect thereof;
(xxvi) establish different committees, agencies, directorates, sectors and wings and delegate such powers to the such committees, agencies, directorates, sector and wings as are necessary for the efficient and effective performance of its functions under this Act;
(xxvii) disseminate information and create awareness about the Authority and the area;
(xxviii) collaborate with the Government, the local government or any other public or private sector agency or person for delivery and/or improvement of services and/or environment within the area;
(xxix) organize road shows or seminars to attract national and international investors, consultants and contractors for infrastructure, road development works and master planning for the area;
(xxx) develop enforcement system in coordination with the Government and the local governments;
(xxxi) 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, and such Government Agency or person shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgement and the additional expenditure, if any, involved in giving such advice or assistance shall be borne by the Authority;
(xxxii) support trainings and workshops for existing human resource at local and international level for capacity building;
(xxxiii) perform such other functions as the Government may assign to achieve the objectives of this Act; and
(xxxiv) The Authority shall enjoy all the powers of the Local Government as defined in Punjab Local Government Act 2019, and the Municipal Authority independently for the purpose of carrying out any functions under this Act in the area of jurisdiction within its Master Plan.
7. Meetings. (1) The Authority shall meet at such place and at such time and shall observe such rules/regulations and procedure with regard to transaction of business at its meetings as may be prescribed.
(2) The meetings of the Authority shall be presided over by the Chairman.
(3) In the absence of the Chairman, any member nominated by the Chairman may preside over the meetings.
(4) Two third of the members, including the Chairman or his nominee present in person or through video conference or tele-conference shall constitute the quorum for the meeting of the Authority.
(5) Subject to the quorum, the decisions of the Authority shall be taken by majority of the members present and voting and in the event of equality of votes the Chairman or his nominee shall have casting vote.
(6) The Authority shall meet at least once in every calendar quarter and a meeting of the Authority shall be held on such date and at such time and place as the Chairman may determine.
(7) The Chairman shall appoint Secretary of the Authority on such terms and conditions as may be prescribed, and he shall perform such functions as the Chairman may direct.
(8) The Secretary of the Authority shall maintain or cause to be maintained the record of each meeting of the Authority including the minutes of the meetings in such manner as may be prescribed.
(9) The Chairman may co-opt any person other than a member, to attend a meeting of the Authority for the purpose of advising or assisting the Authority on any agenda item taken up for consideration at such meeting.
8. Appointment of the Chairman and term of office. (1) The Chairman shall be appointed by the Government on such terms and conditions as may be determined by the Government.
(2) The Chairman shall be a person of sound integrity and competence, meeting one of the following:
(a) he is serving officer of the Government in BS-21 or equivalent or a retired officer of the Government who had served in BS-21; or
(b) he is serving or retired officer of armed forces of Pakistan, not below the rank of a Major General or equivalent; or
(c) he is a professional of relevant field, not having less than twenty years of experience in the field.
Explanation: The serving eligible officer from the civil bureaucracy or the armed forces of Pakistan shall be appointed as Chairman on deputation as per the applicable laws and rules.
(3) The Chairman shall be the Chief Executive Officer of the Authority and shall:
(a) be a whole time officer of the Authority;
(b) perform such duties and exercise such powers as provided under this Act or as may be assigned to him by the Government;
(c) be responsible for the management, administration and operations of the Authority and subject to the provisions of this Act, exercise all powers and perform all functions and duties under this Act; and
(d) hold office for a term of three years and remain in office for three months thereafter or until a successor in that office is appointed, whichever is earlier.
(4) Nothing in this section shall preclude the Government from extending the term of office of Chairman for such period as may be determined by the Government.
9. Resignation or removal of Chairman. Notwithstanding anything contained in this Act, the Chairman may, at any time before the expiry of his term and upon three months notice, resign his office, or upon similar notice, be removed by the Government without assigning any reason.
10. Delegation. (1) The Chairman may, by general or special order, delegate to the Director General of an Agency, a committee constituted under section 14, an Agency, a member or an officer of the Authority, any of its powers, duties or functions under this Act or the regulations made thereunder subject to such conditions as it may deem fit.
(2) The Authority may establish, by special order, one or more Agencies, as many be prescribed.
(3) The Director Generals of Agencies shall:
(a) be appointed by the Chairman in consultation with the Patron in Chief on such terms and conditions as may be determined by the Chairman;
(b) hold office for a period of three years and shall be responsible for its administration in accordance with such powers as may be prescribed; and
(c) remain in office for three months thereafter or until a successor in that office is appointed, whichever is earlier.
(4) Nothing in this section shall preclude the Chairman from extending the term of office of the Director General of an Agency for such period as he may determine.
(5) Notwithstanding anything contained in this Act, the Director General of an Agency may, at any time before the expiry of his term and upon three months notice, resign this office or, upon similar notice, be removed by the Government without assigning any reason.
11. Appointment of officers and employees. The Authority may appoint such officers, advisors, experts, consultants and employees, as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed.
12. Termination from service. Notwithstanding anything contained in section 11 or any rules or regulations made or orders or instructions issued thereunder or contained in the terms and conditions of service of any person employed or serving under the Authority or an Agency, the Authority may, at any time, retire or remove from such service any person after informing him in writing of the grounds on which such action is proposed to be taken and giving him an opportunity of showing cause in writing within a period of fourteen days.
13. Liability for loss. Any person employed by or serving under the Authority or an Agency charged with the administration of the affairs of the Authority or an Agency or acting on behalf of the Authority or an Agency or acting under a contract with the Authority or an Agency who is responsible for the loss, waste, misappropriation or misapplication of any money or property belonging to the Authority or an Agency which is a direct consequence of his negligence or misconduct in the discharge of his duties shall be liable to pay the loss suffered by the Authority or an Agency on the same being determined by the Authority after giving the person concerned a reasonable opportunity of being heard.
14. Committees. The Authority may constitute such financial, technical and advisory committees, as it may deem 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 Authority.
15. Preparation of schemes. (1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of this Act, the Authority shall, in such form and in such manner as may be prescribed, prepare schemes for the area or any part thereof.
(2) All schemes prepared shall be submitted to the Authority for its approval, and after the approval of every scheme, the Authority shall execute it in such manner as may be prescribed.
(3) The Authority shall publish the sanctioning of any scheme in the official Gazette and shall forthwith proceed to execute the scheme.
(4) The publication of a sanction under subsection (3), shall be conclusive evidence that the scheme has been duly framed and sanctioned.
(5) A person, local government body or Government agency shall not, within the area, prepare a planning or development scheme except with the concurrence of the Authority.
16. Establishment of housing schemes, projects. (1) The Authority may prepare, establish and develop housing and any other schemes, buildings, infrastructure, services, commercial, semi-commercial projects or sites, and for the purpose, it may enter into an agreement including joint venture with any person.
(2) A housing scheme under subsection (1) shall be approved in the manner prescribed for the preparation of a scheme under this Act.
17. Land use. The Authority may, at any time, modify a scheme prepared under this Act, by way of change of land use through classification, reclassification, settlement or resettlement or redevelopment in the area in the prescribed manner and shall publish, in the official Gazette, such modification or change.
18. Control of Master Plan. (1) The Authority may make, maintain, amend, manage, enforce and keep in its custody the Master Plan of the area.
(2) The Authority shall, in the prescribed manner, exercise land use control and perform housing functions in the area without having any interference from any other authority or local government or Government Agency.
(3) Notwithstanding anything contained in any other law, a person shall be bound to adhere to the Master Plan, rules and regulations for land use control and housing functions as given under subsections (1) and (2).
(4) If any person contravenes any of the provisions of this section, the Authority may direct that till the time the contravention continues
(a) transfer of any immovable property shall be prohibited;
(b) the District Collector to impose a ban on the issuance of Fard Malkiat, registration of any document or attestation of mutation in favour of the said person; and
(c) a local government, an Agency or a Government agency to stop or discontinue the provision of municipal services to such person.
(5) Notwithstanding, anything contained in any other law for the time being in force, the Master Plan of the Authority shall be considered as an independent Master Plan and shall have no nexus whatsoever with the integrated master plans of any other Authority, agency or local government.
19. 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.
20. Power to execute schemes. (1) Where the Authority is satisfied that any direction given by it under section 19 with regard to any scheme, has not been carried out by the Government Agency, the Authority may, itself, undertake any work 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 Chairman.
(2) Where any work is undertaken by the Authority under subsection (1), it shall be deemed to have, for the purposes 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.
21. Directions by the Government. The Authority shall, in discharging its functions under this Act be guided by such directions as the Government may give to it from time to time.
22. Transfer of functions. Where the Authority ceases to perform a function and another organization, Authority or agency controlled by the Government assumes that function, the Government by notification in the official Gazette 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 favorable than those admissible to them as servants of the Authority; and
(b) that such part of the Fund of the Authority as the Government may determine, shall stand transferred to the said organization.
23. Controlled area. (1) The Authority may, by notification in the official Gazette, declare any locality within the area to be a controlled area for the purposes of this Act and may issue in respect of such controlled area such directions as it considers appropriate and do all such things as may be necessary for the prevention of haphazard growth, encroachments and unauthorized constructions in such area.
(2) The Authority may, by notification in the official Gazette, notify any controlled area to be no longer such area.
(3) The Authority may, by notification in the official Gazette, entrust any of its functions in any locality within the area, to any duly appointed agent or any Government Agency.
(4) For purposes of subsection (3), the Authority may enter into an agreement with a person or any entity on such terms and conditions as may be mutually agreed including joint venture, in a prescribed manner.
24. Powers to remove sources of pollution. The Authority shall have 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:
provided that the Authority shall provide alternate accommodation or compensation, to be determined in accordance with the provisions mentioned in section 29, to any person evicted from the premises owned by him.
25. Beautification and horticulture. (1) The Authority shall also undertake beautification including but not limited to greenery, tree plantation, horticulture services, green belts, parks of the area or part thereof, in any manner as it deems fit.
(2) Notwithstanding anything contained in the Parks and Horticulture Authority Act 2012 (XLVII of 2012) or rules made thereunder, the provisions of this Act shall govern the matters of any undertakings, works or schemes relating to the beautification or horticulture in the area.
26. 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 (IX of 1914).
(2) The Authority may, in consultation with its financial advisors, borrow money from the financial institutions or raise funds or finances by issuing bonds or debentures or otherwise for carrying out the purposes of this Act at such rate of interest as may be approved by the Authority.
(3) The Authority shall also have the powers or mandate to arrange foreign direct investments on any of its schemes, projects or undertakings.
27. Power to levy betterment fee. Where, as a consequence of any scheme having been executed by the Authority, the value of any property in that locality, in the opinion of the Authority, has increased or is likely to increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein, a betterment fee in respect of the increase in value of the property resulting from the execution of such scheme.
28. 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.
(2) The betterment fee under subsection (1) shall be assessed and be payable, in such manner as may be prescribed.
29. Liability to acquisition. (1) Notwithstanding anything contained in the Land Acquisition Act, 1894 (I of 1894), or in any other law for the time being in force, any land within the area shall be liable to acquisition at any time in accordance with the provisions of this Act.
(2) The Authority may acquire or purchase in a transparent manner any immovable property or land for any public purpose including development of housing or any other scheme, urban renewal, redevelopment, environmental improvement or removal of source of pollution or traffic congestion.
30. Acquisition of Land for the Authority. The Authority may acquire an immovable property under this Act and the provisions of the Land Acquisition Act, 1894 (I of 1894) shall apply. Such acquisitions shall be deemed to be for the public purpose as specified in the Land Acquisition Act, 1894.
31. Compensation. (1) The Authority shall determine the mode of compensation in the form of cash, bonds, debentures, annuities, adjustments, alternate land, developed sites or in a combination of such forms:
provided that if the compensation of the acquired immovable property is in the form of developed sites then the authority shall not award such compensation unless the immovable property is transferred or mutated in the name of the Authority.
(2) Where the Authority determines any mode of compensation other than cash, the person interested shall have the option to receive compensation either in cash or in that mode or in both such forms if so determined by the Authority.
(3) Where the compensation is to be paid in cash, it shall be determined by the Collector.
(4) If any person has, by mistake, fraud or misrepresentation, received any compensation or any excess compensation, which was not payable to him, the Chairman, Collector or any other person authorized in his behalf shall call upon such person to refund such amount and in case of default the Authority may recover it as arrears of land revenue.
(5) The Authority shall not provide alternate land or developed site in any scheme except the scheme for which the property was acquired.
(6) Where provision of alternate land or developed site is part of a scheme but for any reasons, such land or developed site cannot be provided, the Authority shall pay compensation in cash at such rate as may be determined in the prescribed manner through regulation.
(7) If the Authority, after due diligence, satisfies any claim of compensation, the Authority shall not entertain any subsequent claim in respect of the property and the person who is subsequently declared as person interested shall recover the compensation from the person who earlier received compensation for the said property.
32. Purchase, lease or exchange of property. The Authority may, by negotiations, in the prescribed manner, purchase, lease or exchange any land or building or any other property by entering into an agreement with the owner of the property, or a person legally competent to sell, lease out or exchange such property or enter into joint venture for the development of any site, project, building and scheme.
33. Joint venture, outsourcing and procurements. (1) For the purpose of joint venture, the Authority may enter into any joint venture as a partner, with any person, company, agency, Authority or organization national or international to manage, sale, develop, maintain, build and transfer any land, plot, estate or property vested in the Authority.
(2) The joint venture may be executed or regulated, if necessary as mentioned in the section (1), by the Chairman.
(3) The Authority may outsource any of its activities including development works through any mode including public private partnership.
(4) Notwithstanding anything contained in Punjab Public Private Partnership Act 2019 (Act XXX of 2019), any rules and regulations made thereunder or any other law for the time being in force, the Authority may, by regulations in the prescribed manner, carry out methods and procedures for undertaking public private partnerships under this Act and such prescribed manner shall exclusively govern public private partnerships by the Authority.
(5) Notwithstanding any contained in provisions of the Punjab Procurement Regulatory Authority Act, 2009 (Act VIII of 2009) or any rules and regulations made thereunder or any other law for the time being in force, the Authority may, by regulations in the prescribed manner, carry out methods and procedures for undertaking public procurements under this Act and such prescribed manner shall exclusively govern procurements by the Authority.
34. Ravi Urban Development Authority Fund. (1) The Authority shall establish a Fund to be known as the Ravi Urban 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, pensions and other remunerations to the members, officers, servants, experts and consultants of the Authority.
(2) The Fund shall consist of:
(a) grants and loans made by the Government;
(b) all moneys received from Federal Government or Governments in the form of loans or any inter-national agency by way of grants, donations loans, advances or revenues from joint venture, outsourcing agreements or otherwise;
(c) all fees, rates and 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 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 aforesaid sums in respect of services related to water supply, sewerage and drainage shall be credited separately to the head water supply and sanitation and all other sums to the head Ravi Urban Development. The sums credited to the head water supply and sanitation shall be exclusively utilized for the purposes of water supply, sewerage and drainage.
(4) In case of deficit revenue of the Authority, the Government shall provide loans, from its own revenues or from any other source, for the efficient performance of the functions of the Authority under this Act.
(5) The Authority may keep in current account of any scheduled bank such sum as may be prescribed and any amount in excess of the said amount may be invested in investments schemes of national or international institutions or may also be invested into Government securities, Government sponsored saving schemes or in such manner as may be determined by the Authority.
Explanation For the purpose of this subsection, Government includes Federal Government.
35. Rates and fees. (1) The Authority may raise adequate funds to meet the cost of planning, expansion, execution, development, redevelopment, maintenance, zoning, classification, reclassification, augmentation, supervision, regulation and conversion of any property or any present and future scheme or any part of the scheme, by imposing rates, fees, surcharge, other charges and fines in the prescribed manner within the area.
(2) The Authority may, in the prescribed manner, impose fee on change of land use owing to classification and reclassification.
(3) The rates, fees and other charges for water supply, sewerage and drainage schemes shall be such as to provide sufficient revenues
(i) to cover the operating expenses including taxes, if any, and interest to provide adequate maintenance and depreciation;
(ii) to meet repayments on long term indebtedness to the extent that such repayments exceed the provision of depreciation; and
(iii) 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.
36. Fees on tube wells. (1) The Authority shall have the exclusive right to use ground water resources within the area.
(2) No person shall, without the permission of the Authority, install a tube-well at such places within the area, as may be notified from time to time in the official Gazette by the Authority.
(3) The Authority may, in the prescribed manner, levy rate on any person who has installed or intends to install tube well within the area.
(4) Any person violating the provisions of subsection (2) shall be liable to punishment under this Act along with closure or sealing of the tube well by the Authority.
37. Accounts. The Authority shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form and manner as may be prescribed.
38. Budget. The Chairman shall prepare, in such manner and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and each of its Agencies and shall submit the same to the Authority for approval.
39. Audit. The accounts of the Authority shall be maintained and audited in such manner as may be prescribed.
40. Penalty. (1) If a person contravenes any provision of this Act, or any rules or regulations made thereunder, he shall, if no other penalty is provided for such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two 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 in accordance with the provisions of sections 260 to 265 of the Code of Criminal Procedure, 1898 (V of 1898).
41. Offences and cognizance. (1) If a person commits an offence specified in:
(a) Part-A of the Schedule, such person shall be liable to imprisonment for a term which may extend to seven years or fine which may extend to five hundred thousand rupees or with both and where an accused continues the offence despite directed by the Authority for immediate discontinuance, the Court may impose a further fine which may extend to fifty thousand rupees for every day for the period the accused has continued the offence from the date of its commission; and
(b) Part-B of the Schedule, he shall be liable to imprisonment for a term which may extend to three years or fine which may extend to one hundred thousand rupees or with both and where an accused continues the offence despite directed by the Authority for immediate discontinuance, the Court may impose a further fine which may extend to ten thousand rupees for every day for the period the accused has the offence from the date of its commission.
(2) An offence punishable under subsection (1) shall be cognizable on a complaint in writing of an officer authorized by the Authority.
42. Annual report. (1) The Authority shall submit annual report of its activities to the Government at the end of a financial year.
(2) The Government shall lay the annual report of the Authority in the Provincial Assembly of the Punjab.
43. 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.
44. Conversion of property to a different use. If a person converts a property to a different use or purpose other than the one provided under a scheme, Master Plan or classification map without the previous approval in writing of the Authority, he shall be liable to punishment of fine which may extend to ten thousand rupees 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.
45. Ejectment of unauthorized occupants. (1) Subject to an opportunity of hearing, the Chairman or any officer or person authorized by the Chairman may summarily eject any person in unauthorized occupation of any land or property vested in the Authority and may for such ejectment use such force as may be necessary.
(2) Subject to an opportunity of hearing, the Chairman or any officer or person authorized by the Chairman may, on his own motion or on the application of the owner, summarily eject any person in unauthorized occupation of any land or plot in a housing scheme developed and controlled by the Authority and may, for such ejectment, use such force as may be necessary.
(3) Nothing contained in subsections (1) and (2) shall prohibit the Chairman or any officer or person authorized by the Chairman to proceed against such person on commission of an offence, as provided in the Act.
46. Removal of building, 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, rules, regulations or order made thereunder, the Chairman or any officer or person authorized by him or the Authority 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 user in accordance with the provisions of this Act.
(2) If an order under subsection (1) in respect of any building, structure, work or land is not complied with within such time as may be specified therein, the Chairman or any officer or person authorized by him or the Authority 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 by sealing the premises or land and, in so doing, may use such force as may be necessary and may also recover the cost therefor, from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions of this Act.
47. Members, officers and employees to be public servants. The Chairman, members, Director General, officers, servants, experts and consultants of the Authority shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
48. Immunity of the Authority and its employees. No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairman, the Director General, any member, officer, servant, expert or consultant of the Authority, in respect of anything done or intended to be done in good faith under this Act.
49. Jurisdiction of courts barred. Save as otherwise provided by this Act, no court or other authority shall have jurisdiction to question the legality of anything done or any action taken in good faith under this Act, by or at the instance of the Authority.
50. Act to prevail over other laws. In the event of any conflict or inconsistency between the provisions of this Act and the provisions of any other law, the provisions of this Act shall prevail to the extent of such inconsistency or conflict.
51. Savings and transfer of actions. Notwithstanding the provisions of this Act, all actions taken and decisions made by the Lahore Development Authority or the Government before the commencement of this Act including the acquisition notices under the Land Acquisition Act, 1894 (I of 1894) or any other scheme of the Irrigation Department of the Government in the area shall be transferred to the Authority or any other activities relating to water and sanitations, solid waste managements, water treatments planning or plants shall be continued and deemed to have been validly made under the provisions of this Act.
52. Amendment of the Schedule. The Government may by notification in the official Gazette amend the Schedule.
53. Removal of difficulties. If any difficulty arises in giving effect to any provision of this Act, the Government at any time may make such orders or give such directions as are necessary to achieve the purposes of this Act.
54. Power to make rules. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
55. Power to frame regulations. Subject to the provisions of this Act and the rules, the Authority may frame regulations as may be necessary for carrying out the purposes of this Act.
56. Municipal and local government functions. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification in the official Gazette, specify, that the Authority may exercise and perform such powers and functions for the area as a municipal administration or local government may exercise and perform in relation to municipal functions under the law for the time being in force.
(2) Notwithstanding anything contained in the provisions of the Punjab Local Government Act, 2019, any rule and regulation made thereunder or any other law for the time being in force, the Authority may by regulations, prescribe methods and procedures for undertaking municipal and local government functions under this Act, and such regulations shall exclusively govern the local government functions by the Authority.
57. Repeal. The Ravi Urban Development Authority Ordinance 2020 (IX of 2020) is hereby repealed.
SCHEDULE
LIST OF OFFENCES
Part- A
1. Discharging any dangerous chemical, inflammable, hazardous or offensive article in any drain, or sewer, public water course or public land vested in, managed, or controlled by Authority or an Agency in such manner as causes or is likely to cause danger to persons passing by or living or working in neighborhood, or risk or injury to property or causing harm to the environment.
2. 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.
Part-B
1. Willfully obstructing any officer or servant of Authority or any person authorized to exercise power conferred under this Act.
2. Failure to deliver back possession of property to the Authority on expiration and cancellation of lease or allotment or exemption of plot.
3. Doing an act without license, approval or permission when the doing of such act requires a license or permission under any of the provisions of this Act, the rules or regulations.
4. Violation of the Master Plan, building plan or sanctioned site development scheme including the plans and schemes sanctioned under the repealed enactments, allotting, selling or using the land for the purpose other than the approved layout plan.
5. Erection or re-erection of building over set back area or parking area or building line area required to be left open under the rules or bylaws for using such space for any purpose which is not approved.
6. Changing or converting into any other use any portion of a commercial or residential building or area specified or earmarked for public parking or amenities.
7. 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 an Agency.
8. Establishing temporary shops or running any restaurant or vending stalls for eatables, wooden Khokhas or any sort of commercial activity on any road, street, footpath, public place, over a drain, or any other property vesting in the Authority.
9. Obstructing or tampering with any road, street, drain or sewer pine or pavement or tampering with any main pipe, meter or any apparatus or appliance for the supply of water or sewerage system or laying out a drain or altering any drain in a street or road.
10. Connecting any house drain with a drain in a public street without approval of the Authority.
11. Drawing off, diverting or taking any water except with the permission required under this Act, rules or regulations.
12. 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.
13. Refusal or willfully neglecting 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.
14. Failure or neglect of the sponsor to abide by or fulfill the commitment made to a person regarding allotment of a plot, housing unit or price of the same in any scheme.
15. Without lawful excuse, failing or refusing to comply with any direction or order issued by the Authority under this Act.
16. Attempting to commit or abetting the commission of an offence punishable under this Act.
[1]This Act was passed by the Punjab Assembly on 22 July 2020; assented to by the Governor of the Punjab on 28 July 2020; and was published in the Punjab Gazette (Extraordinary), dated 11 August 2020; pages 567-581.