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THE CAPITAL DEVELOPMENT AUTHORITY
ORDINANCE, 1960
(XXIII OF 1960)
(As modified up to the 30th April, 1997)
CONTENTS
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Declaration of Capital site.
CHAPTER II.-CONSTITUTION OF THE AUTHORITY
4. Constitution of the Authority
5. Management.
6. Constitution of the Board.
7. Remuneration and conditions of service.
8. Disqualification of the members.
9. Duties and functions of Chairman and
other members.
10. Headquarters of the Authority and
meetings of the Board.
CHAPTER III.-POWERS AND DUTIES OF THE
AUTHORITY
11. Master-Plan and master-Program.
12. Preparation of schemes by local bodies or
agencies.
13. Preparation of schemes by authority.
14. Manner and form, etc., of scheme.
14A. Classification of plots.
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14B. Disposal of residential plots.
14C. Criteria for allotment of residential plots
against quotas
14D. Disposal of community buildings and
facilities plots.
14E. Disposal of commercial and business plots,
act etc.
14F. Allotment of administrative buildings, public
offices and governmental residential plots.
14G. Industrial plots.
14H. Allotment of plots for diplomatic enclaves.
14I. development and maintenance of public
park etc.
14J. disposal of agro-farming and agro-industries
plots.
14K. disposal of plots in agro-villages and suburban
centers.
14L. Prohibition against conversion and
exchange of plots.
14M. Consequences of violation etc.
15. Power of the Authority.
15A. Municipal function.
16. Borrowing powers.
17. Execution of schemes etc., through local
bodies and agencies.
18. Utilization of building material.
19. Amendment of schemes.
20. Removal, etc., of buildings after hearing.
21. Schemes to be executed after calling
objections.
CHAPTER IV.-ACQUISITION OF LAND
22. Liability to acquisition.
23. Entry upon land, Preliminary survey etc.
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24. Compensation for damage.
25. Power to acquire land.
26. Land to be marked out, measured and
planned.
27. Notice t persons interested.
28. Enquiry and award by Deputy
Commissioner.
29. Compensation.
30. Matters to be considered in determining
compensation.
31. Factors to be ignored in determining
compensation.
32. Vesting of land in the Authority.
33. Acquisition in cases of urgency.
33A. Temporary occupation and use of land.
33B. Payment of compensation to persons under
disability and heirs of deceased persons.
34. Power of Deputy Commissioner to call for
information.
35. Power of Authority to give directions to
Deputy Commissioner.
36. Appeal and review.
36A. Deputy Commissioner and Commissioner to
have powers of civil court, etc.
36.B Fees on applications.
Chapter V.- Establishment.
37. Appointment of officers and servants, etc.
38. Recruitment, conditions of service and
disciplinary powers.
39. Members, officers, experts-public
servants.
40. Indemnity.
41. Delegation of powers to Chairman, etc.
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Chapter VI.- Finance
42. Capital Development Authority fund.
43. Budget.
44. Audit and Accounts.
45. Consultation with the Financial Advisor.
Chapter VII.- Penalty and Procedure
46. Penalty.
46A. Causing damage to property.
46B. Disobedience of orders.
46C. Attempts and abetment.
46D. Summary trial offences.
47. Cognizance f offences by court.
Chapter VIII.- Miscellaneous
48. Submission of yearly reports and returns,
etc.
49. Power to dispose of land.
49A. Recovery of dues, etc.
49B. Summary ejectment of unauthorized
occupants.
49C. Removal of building, etc., erected or used
in contravention of this Ordinance.
49D. Police assistance.
49E. Jurisdiction of courts barred.
49F. Admissibility of document of entry as
evidence.
50. Power to make rules.
51. Power to make regulations.
52. Dissolution of Authority and transfer of its
assets and liabilities to the Federal Government
and other agency determined by that
Government.
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The Schedule
-----------------------------------------------
LIST OF ABBREVIATIONS USED
Amdt…………………………………………………………………………..
for amendment
Ins……………………………………………………………………………..
for Inserted
S. ……………………………………………………….
…………………….. for Section
Subs……………………………………………………..……………………..
for Substituted
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ORDINANCE NO. XXIII OF 1960
(27
th June, 1960)
An Ordinance to establish a Capital Development
Authority.
Whereas it is expedient to establish a Capital
Development Authority for making all arrangements for
the planning and development of Islamabad within the
frame-work of a regional development plan;
Now, therefore in pursuance of proclamation of the
seventh day 9of October, 1958, and in exercise of all
powers enabling him in that behalf, the President is
pleased to make and promulgate the following
Ordinance:-
CHAPTER I.- PRELIMINARY
1. Short title, extend and commencement:-
(1) This ordinance may be called the Capital
Development Authority Ordinance, 1960.
(2) It extends to the specified areas.
(3) It shall come into force at once.
2.
anything repugnant in the subject or context,-
(a) “agency” means any department or
organization of the
Government and includes a corporation, or
other autonomous or semi-autonomous
body set up by the
Government.
(b) “Authority” means the Capital Development
Authority established under section4;
(c) “Board” means the Board constituted under
section 6;
(d) “building” includes any factory, industrial or
Definitions:- In this Ordinance, unless there is1[Federal]or Provincial1[Federal]or Provincial
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business establishment, shop, godown, warehouse,
house, outhouse, hut, hutment, shed,
garage, stable, well or platform, and any
other structure, whether meant for
residential or business proposes or not,
made of masonry, bricks, wood, mud,
thatch, metal or any other material, but
does not include a temporary structure
made for purposes connected with
agriculture;
(e) “Capital Site” means the part or parts of the
Specified Areas declared to be the site for
the Pakistan Capital under section 3;
(f) “Chairman” means the Chairman of the
Authority;
(g) “Commissioner” means the Commissioner of
the Division concerned, and includes any
other officer appointed by the Authority to
exercise the powers of the Commissioner
under this Ordinance;
(h) “Deputy Commissioner” means the Deputy
Commissioner of the District concerned,
and includes any other officer appointed by
the Authority to exercise all or any of the
powers and discharge all or any of the
functions of the Deputy Commissioner
under this ordinance;
(i) “Land” includes buildings and benefits arising
out of land and things attached to the earth
or permanently fastened to any thing
attached to the earth;
(j) “Local body” means
council or the municipal body as defined in
clauses (23)
of the Basic Democracies Order, 1959 (P.O
18 of 1959), or the Cantonment Board,
having jurisdiction in the area concerned,
and includes an Improvement Trust with
9in such area;
1[the local body] the local1[,(24)] and (27) of Article 3
2
(i) in relation to land acquire before the first
day of January, 1968, the average
market value thereof prevailing
during the period commencing the
first day of January, 1954, and
ending n the thirty-first day of
December, 1958;
(ii) in relation to land acquired on or after
[(k) ‘market value’ means,-3[ ]
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the first day of January, 1968, the aggregate of
the average market value as
foresaid determined with reference
to its classification recorded in the
Register of Haqdaran Zamin as in
fore on that day and twenty-five per
cent of such value.]
3[; and ]
3
the first day of January, 1996, the
market value as may be determined
in accordance with the provision of
the land Acquisition Act, 1894,
applicable in the Province of the
Punjab.]
(l) “Member” means a member of the
Authority;
(m) “Regulations” means regulation s
made under this Ordinance;
(n) “Rules” means rules made under this
Ordinance;
(o) “Scheme” means a planning scheme
or a development scheme made under this
Ordinance;
(p) “Specified Areas” means the area
specified in the Schedule and such other
area or areas as my form time to time be
included therein by the
Government by notification in the official
Gazette;
(q) “Vice-Chairman” means the Vice-
Chairman of the Authority.
3.
[(iii) in relation to land acquired on or after1[Federal]Declaration of Capital Site:-
(1) The
time to time, by notification in the official Gazette,
declare any part or parts of the Specified Area to
be the site for the Pakistan Capital.
(2) Notwithstanding anything contained in
this Ordinance or in any other law, any such
notification as aforesaid may be made so as to be
retrospective to any day not earlier that the first
day of June, 1959, and where a notification is so
made, the provisions of this Ordinance, shall, in so
far as they affect the Capital site, apply as if this
Ordinance were promulgated on the day to which
the notification is made retrospective.
1[Federal] Government may from
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CHAPTER II- CONSTITUTION OF THE AUTHORITY
2
4. Constitution of the Authority:-
(1) There shall be established an authority to
be known as the Capital Development Authority for
carrying out the purposes of this Ordinance.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal,
with power, subject to the provisions of this
Ordinance, to acquire and hold property, both
movable and immovable, and shall be the said
name sue and be sued.
5.
Management:-
(1) The general direction and administration
of the Authority and its affairs shall vest in the
Board which may Exercise all powers and do all
acts and things which may be exercised or done by
the Authority.
(2) The Board in discharging its functions
shall act on sound principles of development, town
planning and housing, and shall be guided n
questions f policy by such directions as the
1
[Federal] Government may from time to time give.
(3) If any question arises as to whether any
matter is a matter of policy or not the decision of
the
6.
1[Federal] Government shall be final.Constitution of the Board:-
(1) The Board shall consist of not less than
three members, to be appointed by the
Government.
(2) The
a Chairman, Vice-Chairman and a financial advisor
from amongst the members.
(3) The Chairman and other members shall
hold office during the pleasure of the
Government and unless sooner removed the
Chairman and Financial Advisor shall hold office for
a period of five years and other members shall
hold office for a period of four years.
(4) Any person, ceasing to e Chairman, Vice-
Chairman, or member of the Board, by reason of
1[Federal]1[Federal] Government shall appoint1[Federal]
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the expiry of the term of his office, shall be eligible for
reappointment for another term or for such shorter
term as the
(5) No act or proceeding of the Board shall be
invalid merely on the ground of the existence of
any vacancy in or any defect in the constitution of
the Board.
(6) The Chairman or any member may at any
time resign:
Provided that his resignation shall not take effect
until accepted by the
7.
1[Federal] Government may decide.1[Federal] Government.Remuneration and conditions of service:-
The Chairman and 3each member shall receive
such salary and allowances and shall be subject to
such conditions of service as may be determined
by the
8.
shall be or shall continue to be a member who-
(a) is or, at any time, has been, convicted of
an offense 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
confliction interest directly or indirectly
between his inters as member an his
private interests and has failed to disclose
such interest in within to the
Government.
1[Federal] Government.Disqualification of the members:- No person1[Federal]
2
membership of any body established by or
under any law for the time being in force of
which the constituent members are wholly
or partly chosen by means of election.]
9.
members:-
[(f) if he is for the time being disqualified forDuties and functions of Chairman and other
(1) The Chairman and other members shall
discharge such duties and perform such
functions are assigned to them by or under
this Ordinance.
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(2) Until the Board is duly constituted shall subject
to such directions as the
Government may from time to time give,
exercise the powers discharge the duties
and perform the functions of the Board.
(3) The Vice-Chairman shall have such powers,
duties and functions as may be delegated
to him by the Chairman.
10.
the Board:-
1[Federal]Headquarters of the Authority and meetings of
(1) Until the Authority establishes its headquarters
elsewhere within the specified Areas, its
headquarters shall be situated at
Rawalpindi.
(2) The Meetings of the Board shall be held at such
times and places and in such manners as
the regulations may provide:
Provided that until regulations are made in this
behalf, the meetings of the board shall be held as and
then convened by the Chairman.
CHAPTER III .- POWERS AND DUTIES OF THE
AUTHORITY
(11)
Master-plan and master-program:-
The Authority shall prepare a master plan and a
phased master program for the development of
the Capital Site, and may prepare a similar plan
and program for the rest of the specified areas and
all such plans and programs shall be submitted to
the
(12)
agencies:-
1[Federal] Government.Preparation of schemes by local bodies or
(1) The Authority may pursuant to the
master plan and the master program call upon any
local body or agency operating in the specified
area to prepare, in consultation with the authority,
a scheme or schemes in respect of matters
ordinarily dealt with by such local body or agency,
and thereupon the local body or agency shall be
responsible for the preparation of the scheme or
schemes within a reasonable time.
(2) Such schemes, may relate to
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(a) Land use, zoning and land
reservation;
(b) Public buildings;
(c) Industry;
(d) Transportation and communications; highways,
roads, streets, railways,
aerodromes;
(e) Tele-communications, including
wireless, television, radio telephone;
(f) Utilization of water, power and
other natural resources;
(g) Community planning, housing,
slum clearance, amelioration;
(h) Community facilities including water supply,
sewerage drainage, sewage disposal,
electricity supply, gas supply and
other public utilities;
(i) Preservation of objects or places of historical or
scientific interest or natural beauty.
(3) The
notification in the official Gazette, add to , alter or
amend the list of subjects given in sub-section(2),
and any such addition, alteration or modification
shall take effect as if it had been enacted in this
Ordinance.
(4) The expenditure incurred on the
preparation of any such schemes as aforesaid shall
be borne as agreed to between the authority and
the local body or agency, and in the event of
disagreement between them as may be
determined by the
1[Federal] Government may, by1[Federal] Government.
2
shall be prepared by any person or by any local
body or agency except with the concurrence of the
Authority.]
13.
authority may pursuant to the master program,
itself prepare, when it considers it desirable to do
so in the public interest, schemes for the specified
areas relating to the matters enumerated in subsection
(2) of section 12.
14.
[(5) No planning or development schemePreparation of schemes by Authority:- TheManner and form, etc., of Scheme:- All schemes
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under section 12 and section 13 shall be prepared in such
manner and form as the
may specify, an shall contain among other things
the following information, namely:
(a) Description of the scheme and the
manner of its execution;
(b) Estimate of costs and benefits;
(c) Allocation of costs to the various purposes
to be served by the scheme.
1[Federal] Government
3
[14A. Classification of plots:-
In all schemes of the Authority the plots available
for sale shall be categorized as :-
(a) “Residential plots” being plots on which
buildings designed for human habitation
and for no other purpose, shall be
constructed;
(b) “Commercial and business plots” being plots on
which markets, departmental stores, shops,
business offices, restaurants, cafes, hotels,
cinemas, theaters, motel, marriage-halls,
petrol filling stations, corner shops and
flats, whether or without shops and offices,
shall be constructed;
(c) “Community buildings and facilities plots” being
plots on which religious and educational
institutions, hospitals, dispensaries,
maternity homes, libraries, art galleries,
museums, amenity buildings, police-station,
gymnasiums, amusement parks, transport
terminals, etc.,
(d) “Administrative buildings, public offices and
Government residential plots” being plots in
the administrative sector, Mauve Areas,
plots for special Institutions planned in ‘H’
series,
National Park Area, Jinnah Avenue, Markaz and Class-III
Shopping Centers, plots for the Ministries, agencies and
autonomous and semi-autonomous organizations of the
Government and plots for Government servants’
residences:
(e) “Industrial plots” being plots for
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(i) Very light industry and trading associated
with residential areas, e.g., laundries,
repair shops, bakeries, I&T Centers,
etc.;
(ii) Light manufacturing and service industries
and plots for constructional works to be
carried out in areas specified by the
Authority; and
(iii) Extractive industries, mining, quarrying,
crushing and brick kilns in areas
specified by the Authority;
(f) Diplomatic plots in the Diplomatic
Enclave for foreign Missions and residences of
foreign representatives;
(g) Public parks, playing fields, graveyards
and incidental open spaces and plots planned,
developed maintained by the Authority as
public parks, playing fields, graveyards and
open spaces;
(h) Agro-farming and agro-industry plots
planned and developed by the Authority for
farming and for processing agriculture produce;
and
(i) Plots in agro villages and sub-urban
Centers in model villages in the rural areas of
Islamabad developed as agro-villages and suburban
centers.
14B.
Disposal of residential plots:-
(1) All residential plots shall be disposed on
proprietary rights basis, in the following manner,
namely-
Plot
Size
Up to
200 Sq.
Yards
Above
200
Sq.
Yards
(a) Through open auction 83% 85%
(b) Federal government servants
including employees of
autonomous and semiautonomous
bodies
constituted or set-up by the
Federal Government and
10% 10%
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(2) The plots, other than those required to
be deposed of through open auction, shall
be allotted to the eligible applicants through
random ballot at the prices fixed by the
Authority.
14C. Criteria for allotment of residential plots against
quotas:- (1) For allotment of plots against reserved
quotas specified in sub-section (10 of section 14B, the
following criteria shall be observed, namely-
(a) A Federal Government servant referred to
in clause (b) of sub-section (1) of
section 14B shall be eligible for
allotment of plot if he has rendered at
least twenty-five years’ service and no
plot or house or flat in any Federal or
Provincial Scheme has been allotted to
him anywhere in Pakistan either in his
own name or in the name of his family.
Explanation: “Family” means the
spouse, dependent children and
dependent parents, who ordinarily
reside with the Federal Government
servants;
(b) a widow of a Federal Government servant
who has died during service, shall be
eligible for allotment from the 10%
quota reserved for Federal government
servants provided the deceased
employee had at least ten years’
continuous service to his credit and
fulfills the conditions specified in clause
(a);
(c) a defense services personnel shall be
allotted plot on the recommendation of
the GHQ, AC’s Branch Welfare and
Rehabilitation Directorate as per criteria
civilians paid out of Defense
Estimates.
(c) Defense services personnel 5% 5%
(d) Deprived groups including
widows, orphans, destitute,
handicapped persons, etc.
2% 2%
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laid down by them;
(d) a person in the deprived group shall be
eligible for allotment only if he, or any
member of his family, does not own,
and was never allotted, any plot, house
or flat any where in Pakistan:
Provided that-
(i) a widow shall not be eligible if she has
re-married or her income is more then
the amount prescribed from time to
time.
(ii) an orphan shall be eligible if he is minor
and the income of his guardian is less
than the amount prescribed from time
to time.
(iii) A handicapped person shall be eligible only
if the extent of incapacity, whether
physical or mental, renders him
incapable of carrying on normal work.
(2) The size of plots for allotment to
various classes of Federal government
servants shall be as follows:-
14D. Disposal of commercial and business plots,
Category BPS or
equivalent
Area of
plot
I 20-22 600 Sq.
Yard
II 17-19 356 Sq.
Yard
III 14-16 272 Sq.
Yard
IV 11-13 200 Sq.
Yard
V 7-10 139 Sq.
Yard
VI 1-6 111 Sq.
Yard
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etc:- All commercial and business plots shall be sold
or leased through open auction.
14E. Disposal of community buildings and facilities
plots:- (1) Plots for primary schools shall be placed at
the disposal of the Federal government free of cost
and for Government Secondary and Higher Education
at such rates as the Authority may determine from
time to time.
(2) Land for mosques, churches
and other places of worship and
deeni madrassas established for
free religious education shall be
allotted free of cost.
(3) Plots for private institutional
purposes including educational
institutions, hospitals, maternity
homes, clinics, art-galleries,
gymnasiums, amusement parks,
etc., shall be sold or leased
through open auction in such
manner as the Authority may
determine provided that for
stated reasons the Authority may
make sales otherwise than
through open auction, but at
rates not less than the market
price.
(4) Plots for other community
buildings and facilities shall be
allotted to Government
organizations at such rates as
the Authority may determine
from time to time.
14F. Allotment of administrative buildings, public
offices and Governmental residential plots:-
Administrative buildings, public offices and Government
residential plots shall be allotted to respective
Government organizations by the Authority at such rates
as may be determined by it from time to time.
14G. Industrial plots:- Industrial plots shall be sold
or leased through open auction provided that plots for
extractive industries shall be allotted on licenses
terminable on three months’ notice and on payment of
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such periodical license fees as may be prescribed by the
Authority from time to time.
14H. Allotment of plots for diplomatic enclaves:-
Diplomatic plots shall be allotted on lease to
foreign Governments for their diplomatic missions or for
the residences of their diplomatic representatives on the
recommendation of the Ministry of Foreign Affairs at the
rates fixed by the Authority from time to time.
14I. Development and maintenance of public parks
etc.:- Plots for public parks, playing fields, graveyards
and incidental open spaces shall be developed and
maintained by the Authority perpetuity.
14J. Disposal of agro-farming and agro-industries
plots:-Agro-farming and agro-industries plots shall be
sold or leased through open auction subject such
reservation as may be required, for allotment to eligible
affectees whose lands had been acquired by the Authority
before the 1
14K. Disposal of plots in agro-villages and suburban
centers:-
Plots in agro-villages and sub-urban centers shall
be sold or leased through open auction subject to such
reservation, as may be required for allotment to eligible
affectees whose lands had been acquired by the Authority
before the 1
14L. Prohibition against conversion and exchange of
plots:- (1) In all schemes of the Authority space reserved
for roads, streets, footpaths, drains, parks, play grounds,
paring areas, green belts, service lanes, roundabouts,
traffic islands and such other similar uses as the Authority
may prescribe, shall not be converted to any other use or
permitted to be used in manner inconsistent with
prescribed use.
(2) In all schemes of the Authority, the
community buildings and facilities plots
shall not be converted to residential,
commercial or industrial use provided that
plot reserved for particular public use may
be converted to some other public use with
prior written permission of Authority.
st January, 1996.st January, 1996.
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(3) In all schemes of the Authority no plot
of whatever category shall be permitted to
be exchanged with any other plot of any
category within the same sector or with any
plot in any other sector.
14M. Consequences of violation etc:-
(1) Any allotment, sale, disposal or
conversion of a plot in violation of section 14B
to 14L shall be void and the plot together with
any building or structure constructed thereon
shall be liable to be forfeited to Authority
notwithstanding any transfer of such plot
whether by way of sale, or through operation
of law, or otherwise.
(2) It shall be the duty of every purchaser or
transferee of plot to satisfy himself that there
has been no violation of the provisions of
sections 14B to 14L with respect to such plot
and it shall be no defence to forfeiture under
sub-section (1) for any purchaser or transferee
to claim that he was unaware of such violation.
(3) No order for forfeiture under sub-section
(1) shall be passed except by the Chairman of
the Authority who shall give all persons likely
to be affected thereby a reasonable opportunity
of showing cause against such order.
(4) Any person aggrieved by an order of the
Chairman under sub-section (3) may, within
thirty days, prefer an appeal to the High Court
which shall decide such appeal within six
months.
15. Power of the Authority:-
(1) Subject to the other provisions of this
Ordinance and the rules, the Authority may take such
measures and exercise such powers as may be necessary
for the carrying out of the purposes of this Ordinance.
(2) Without prejudice to the generality of
powers conferred by sub-section (1), the Authority may:-
(i) Acquire any land in the Specified Areas in accordance
with the procedure laid down in Chapter IV;
(ii) Undertake any works in Specified Areas in pursuance
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of any scheme prepared under section 13;
(iii) Incur any expenditure;
(iv) Procure plant, machinery, instruments and materials
required for its use;
(v) Enter into and perform all such contracts as it may
consider necessary;
(vi) Cause studies, surveys, experiments and technical
researches to be made or contribute towards the cost of
any such studies, surveys, experiments or technical
researches made by any other agency at the request of
Authority;
(vii) Issue interim development orders for areas for which
a-master-plan is under preparation and restrict or prohibit
by general or special order any change in the use of land
and alteration in building’s structures and installations;
(viii) Cause removal of any works obstructing the
execution of its schemes;
(ix) Seek and obtain advice and assistance for the
preparation of any planning scheme or for the execution
of any schemes from any local body or agency and such
local body or agency shall give the advice and assistance
sought by the Authority to the best of its ability,
knowledge and judgment and the additional expenditure if
any, involved in giving such advice or assistance shall be
borne by the Authority.
15A. Municipal function:-
(1) During such period and for such areas
within the Islamabad Capital Territory as the
Federal Government may, by notification in the
official Gazette, specify, the Authority may,
notwithstanding anything contained in any
other law for the time being in force, exercise,
to a Municipality under the Municipal
Administration Ordinance, 1960.
(2) For the purpose of sub-section (1), the
provisions of sections 18,33 to 73,77 to
106,109,109,115 to 118 and 122 of the
Municipal Administration Ordinance, 1960, (X
of 1960 and Second, Third and Fifth Schedules
thereto shall, so far as may be, apply to
Islamabad Capital Territory as they apply to a
municipality, references therein
(a) to, or to the powers and functions of , the
Controlling Authority being omitted; and
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(b) to Municipal Committee and Government
being construed respectively as
references to the Authority and the
Federal Government.
16. Borrowing powers:-
(1) The Authority may, with
the previous approval in writing
of the Federal government,
raise funds for the purpose or
raising its working capital by
issuing bonds and debentures
carrying interest at such rates
as may be approved by the
Federal Government.
(2) The repayment of the
principal and the payment of
interest due on the bonds and
debentures issued by the
Authority shall be guaranteed
by the Federal Government.
17. Execution of schemes etc., through local
bodies and agencies:-
(1) The Authority may require a local body or agency
within whose jurisdiction any particular area 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 that areas’
(c) 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 local body or agency, and, in the event
of disagreement, as may be determined by the Federal
Government.
18. Utilization of building material:-
Notwithstanding anything contained in any other law for
the time being in force or in any contract or agreement,
no person shall, without the prior concurrence of the
Authority, allocate, exploit or in any manner utilize,
except for the purpose of his own personal use, such
natural resources used as building material as the
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Authority may, by notification in the official Gazette,
specify in this behalf.
19. Amendment of schemes:- Any scheme
prepared under 12 or section 13 may at any time be
amended or modified:-
(a) in cases where the amended or modified
scheme should exceed the financial powers of the
Authority, by the Authority with previous approval in
writing of the Federal Government, and
(b) in other cases, by the Authority.
20. Removal, etc. of buildings after hearing:-
The Authority shall not order or cause any building in the
Specified Areas, excluding the Capital Site, to be removed
or demolished unless any opportunity of being heard has
been given to the owner or occupier thereof, and his
objections, if any, have been duly considered, and the
Authority is satisfied that removal or demolition of the
building is essential to the execution of its schemes.
21. Schemes to be executed after calling
objections:- The Authority shall not execute or
cause to be executed any scheme in the Specified Areas,
excluding the Capital Site, unless the persons whose
rights and interests are thereby affected have been given
a reasonable opportunity to file their objection to such
execution, and the Authority has heard such of them as it
considers necessary.
CHAPTER IV- ACQUISTION OF LAND
22. Liability to requisition:- All land within the
Specified Areas shall be liable to acquisition at any time in
accordance with the provisions of this Chapter.
23. Entry upon land, preliminary survey, etc.-
(1) It shall be lawful for the Authority, and any
member thereof, and for the Deputy Commissioner, and
any such person as may either generally or specially be
authorized by the Authority, in this behalf,-
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(a) to enter upon and survey and take levels
of any land;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to
ascertain whether land is adapted for the purposes of this
Ordinance;
(d) to set out the boundaries of the land
proposed to be acquired and the intended line of the
work, if any, proposed to be made thereon;
(e) to mark such levels, boundaries and line
by placing marks and cutting; and
(f) where it is necessary for the purposes of
the survey, taking of levels or marking of line, to cut
down and clear away any park of any standing crop, fence
or jungle.
(2) No person shall enter in to any building
or upon any enclosed court or garden attached to a
dwelling house (unless with the consent of the occupier
thereof) without previously giving such occupier at least
twenty-four hours’ notice in writing of his intention to do
so.
24.
damage is caused to any land in consequence of anything
done in pursuance of section 23, there shall be paid
compensation, the amount of which shall be determined
in the manner and in accordance with the provisions
hereinafter set out, that is to say:
a. Where the amount 9of compensation can
e fixed by agreement, it shall be fixed in accordance with
such agreement; and
b. Where no such agreement can be
reached, it shall be fixed by the Deputy Commissioner.
25.
Compensation for damage: Where anyPower to acquire land:
1. Subject to the other provisions of this
Ordinance, the rules made there under, and
the directions of the Authority, the Deputy
Commissioner may, by order in writing
acquire and land for the further purposes of
this Ordinance.
2. No order under sub-section (1) shall be
issued except on the receipt by the Deputy
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Commissioner of specific directions from the
Authority.
26.
planned:
acquired under section 25, the Deputy Commissioner
shall cause the land (unless it has been already marked
out) to be marked out and measured, and if no plan has
been made thereof, a plan to be made of the same.
27.
Land to be marked out, measured andWhere any land is proposed to beNotice to persons interested;
1. The Deputy commissioner shall then cause
public notice to be given of convenient
places on or near the land to be taken,
stating that the (Federal) Government
intends to take possession to the land, and
that claims to compensation for all interests
in such land may be made to him.
2. Such notice shall state that particulars of
the land so needed, and shall require all
persons interested in the land to appear
personally or by agent before the Deputy
Commissioner at a time and place therein
mentioned (such time not being earlier than
ten days after the date of publication of the
notice) and to state the nature of their
respective interested in the land and the
amount and particulars of their claims to
compensation for such interest, and their
objections, if any to the measurements
made under section 23, and the Deputy
commissioner may require any such
statement ot be made in writing and signed
by the party or his agent.
3. The Deputy commissioner shall also serve
notice to the same effect on the occupier, if
any of such land and no all such persons
known or believed to be interested therein,
or to be entitled to act for persons so
interested.
28.
Commissioner:
day to which the enquiry has been adjourned, the Deputy
Commissioner shall proceed to enquire into the
objections, if any, which any person interested has stated
pursuant to the notice given under section 27, and into
the market value of the land and into the respective
interest of the persons claiming the compensation, and
shall make an award of;
1. The true area of the land.
2. The compensation which in his opinion
should be allowed for the land.
Enquiry and award by DeputyOn the day so fixed, or on any other
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3. The apportionment of such compensation
among all the persons known or believed to be interested
in the land o f whom, or of whose claims he has
information, whether or not they have appeared before
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| Featured House |
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City: Islamabad
Area: 355 Square Yards
Price: Rs. 4,000,000.00 |
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