Without prejudice to the generality of the provisions of the foregoing sub-section, the Authority may:-

i)             Initiate and maintain a continuous process of comprehensive development planning for the area with the objective of preparing a development plan;

ii)            Periodically update such a Development Plan and coordinate its implementation by the Authority or Government Agencies within the area;

iii)        To monitor its sub-Agency in the shape of developing, operating and maintaining water supply, sewerage and drainage system within the area;

iv)          Prepare Annual Development Programme for the area, ensure compliance of the Annual Development Programme with priorities established in the Development Plan after its preparation and evaluate performance under the Annual Development Programme at the end of each year;

v)            Establish, maintain and periodically revise as necessary, planning controls and building regulations for the area to: -

a)               Provide appropriate urban design and protect public safety; and

b)               Ensure compliance with the Development Plan after its preparation.

vi)          Prepare, implement and enforce schemes for environmental improvements, housing, urban renewal including slums improvement and re-development. Solid waste disposal, transportation and traffic, health and education facilities and preservation of objects or places of historical, archaeological, scientific, cultural and recreational importance;

vii)        Take any steps or adopt any measures for the face lifting and beautification of the area;

viii)         Acquire property, both movable and immovable;

ix)          Sell, lease, exchange or otherwise dispose of any property vested in it;

x)           Undertake any works and incur any expenditure;

xi)          Procure machinery, instruments or any other material required by it;

xii)         Enter into contracts;

xiii)     Cause studies, surveys, experiments, technical researches or contribute towards the cost of any such studies surveys, experiments or technical researches made by any other Agency;

xiv)       Issue interim development order for the area for which a scheme is under preparation and restrict or regulate by general or special order, any change in the use of land and alteration in building structure and installation;

xv)        Seek and obtain advice and assistance for the preparation of any scheme, or for the execution of any scheme from the Government Agency or person and such Agency or person and such Agency or personal 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; and

xvi)      Establish an Agency/Agencies and entrust to it such powers and functions as it may deem fit with the approval of the Government.

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

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 within a prescribed period.

1)  Where the Authority is satisfied that any direction given by it under sub-section (1) of Section 14, with regard to any scheme, has not been carried out by the Government Agency, the Authority may, itself undertake any works 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 Government.

2)  Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purpose 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.

The Authority shall, in discharging its functions, act and be guided, by such directions as Government may give to it from time to time.

The Authority may issue in respect of a controlled area such directions as it considers fit and appropriate and do all such things as may be necessary for the prevention of haphazard growth, encroachments and unauthorized constructions in such area.

The Government may, by a notification in the official gazette, authorize the Authority to exercise and perform such powers and functions as a Local Government may exercise and perform in relation to its local area under the Punjab Local Government (Ordinance, 2001 (XIII of 2001) in an area in which schemes are undertaken by the Authority or which is declared as controlled area.

The Authority shall have full powers to undertake improvements of the environment of the area or any part thereof and to check, replace, eliminate, remove, demolish, conserve, re-settle or re-locate the sources of environmental pollution such as cattle, horses or other animals, tongas, vehicular exhaust, industrial waste, solid waste, congestion, blight and slums etc;

Provided that the Authority shall provide alternate accommodation or compensation to be determined in accordance with the provisions in Chapter VI to any person evicted from the premises owned by him.

The Authority shall also undertake Beautification of the area or part thereof, in any manner it deems fit, or prepare schemes and prescribe environmental standards to be adopted by the Government Agencies or persons or direct any Government Agency or person to undertake any improvements or activities for Beautification of the area or part thereof.

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 (Act No.IX of 1914).

                Provided that no local or foreign loan shall be obtained by the Authority without the previous sanction of the Government. 

2)     The Authority may, in consultation with the Finance Department, Government of the Punjab, borrow money or raise funds 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 Government.

Where any new scheme has been executed by the Authority by providing services or amenities in any locality, the Authority may, with the previous consent of Government, levy upon the owner of the property or any person having an interest therein, a betterment fee on account of the execution of the scheme.

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 under Section 22.

2)  The betterment fee under Section 22 or under sub-section (1) of this Section, shall be assessed and be payable in the manner prescribed,

Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894, all land within the area shall be liable to acquisition at any time in accordance with the provisions of this Chapter.

The Authority shall be deemed to be an “official Development Agency” and all schemes prepared by the Authority shall be deemed to be “Housing Schemes” as defined in Section 2 of the Punjab Acquisition of Land (Housing) Act, 1973 (Act No.VIII of 1973), for the purpose of acquiring land under this Act and the provisions of Section 4 to Section 20 of the said Act, shall with all necessary adaptations, mutatis mutandis, apply as if they have been enacted and form part of this Act.

1)  There shall be formed a fund to be known as the “Authority Fund” which shall vest in the Authority and shall be utilized by the Authority in connection with its functions under this Act including the payment of salaries and remunerations to the members, officers, servants, experts and consultants of the Authority.

2)  To the credit of the Authority Fund, shall be credited:

a)                All moneys received from Government;

b)                All moneys received from Federal Government or any international agency or any other body by way of grants, loans, advances or otherwise;

c)                All fees, rates and charges received by the Authority under this Act;

d)                All moneys received by the Authority from the disposal of lands, buildings and other properties movable and immovable;

e)                Proceeds from the self financing schemes of urban development and environmental sanitation; and

f)                 All other sums receivable by the Authority.

3)  Authority fund will have two separate heads namely “Urban Development” and “Water Supply and Sanitation.”

4)  The Authority may keep in current account of any scheduled Bank such sums as may be prescribed and any amount in excess of the said amount shall be invested in Government Securities, Government sponsored saving schemes or in such manner as may be determined by the Government.

Explanation—For the purpose of this sub-section, Government includes Federal Government

1)        With the previous consent of the [Tehsil Municipal Administration, in whose jurisdiction the scheme is located and the Provincial] Government adequate funds may be raised by the Authority from time to time, to meet the cost of its schemes by imposing rats, fees and other charges.

2)        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;

ii)   To cover repayment of loans; 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.

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, for commercial purposes, at such places within the area, as may be notified in the official Gazette by the Authority. 

3)        The Authority may levy rats on the persons or bodies who have installed or may install tube wells, for commercial purposes, within its jurisdiction.

The Authority and its Agencies shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed.

[The Authority shall prepare every year 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 through the Tehsil Municipal Administration, in which the maximum area under the jurisdiction of the Authority falls, to the concerned Tehsil Council for approval.  On approval, the budget of the Authority shall be reflected in the budget of the said Tehsil Municipal Administration.  If the Tehsil Council does not approve or modify the budget within sixty days of its submission to the Council, the budget as prepared by the Authority shall be deemed to be the approved budget.]

The accounts of the Authority and each of its Agencies shall be audited annually by such duly qualified Auditors or Government Audit Agencies or both as may be appointed by the Authority and each Agency respectively, with the approval of Government. The Authority shall also make necessary arrangements for pre-audit or concurrent audit of account.

Whoever contravenes any provision of this Act, or any rules or regulations made thereunder shall, if no other penalty is provided for such contravention, be punishable with simple imprisonment for a term which may extend to one month or with fine or with both.

1)        Whoever willfully causes damage, or allows damage to be caused to any property which vests in the Authority or unlawfully converts it to his own or any other person’s use, shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both.

2)        Whoever refuses or willfully neglects to provide any officer or servant of the Authority with the means necessary for entering into any premises for the purpose of collecting any information or making an examination or enquiry in relation to any water works, shall be punishable with imprisonment extending to one year or fine or with both.

3)        Whoever without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Act, shall be guilty of an offence punishable under Section 32.

4)        Whoever attempts to commit or abets the commission of an offence punishable under this Act, shall be deemed to have committed that offence.

5)        Any Magistrate empowered for the time being to try in a summary way the offence specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898, may if such Magistrate thinks fit, on application being made in this behalf by the prosecution, try an offence punishable under this Act, in accordance with the provisions contained in Section 262 to 265 of the said Code.

No Court shall take cognizance of any offence punishable under this Act, except on a complaint in writing made by an officer authorized for the purpose, by the Authority.

1)        The Authority shall prepare for every year a report of its activities during that year and submit the report to the [Tehsil Municipal Administration,] in which the maximum area under the jurisdiction of the Authority falls, and the Provincial Government in such form and on or before such date, as may be prescribed.

2)        The report referred to in sub-section (1) shall be laid before the Provincial Assembly of the Punjab within six months of its receipt by the Government.

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.

Any conversion of property to a different use or purpose than the one provided under a scheme, by a person or agency without the previous approval of the Authority in writing, shall be punishable with a fine which may extend to rupees one hundred per day from the date of its conversion till default continues or with imprisonment for a term which may extend to six months or with both.

The Authority or any person authorized by it in this behalf 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.

1)        If any building, structure, work or land is erected, constructed or used in contravention of the provisions of this Act or any rules, regulations or order made thereunder, the Authority or any person authorized by it in this behalf, may, by order in writing require the owner, occupier, user or person in control of such building, structure work or land to remove, demolish or alter the building, structure or work or to use it in such manner so as to bring such erection, construction or use in accordance with the said provision of this Act.

2)        If an order under sub-section (1), in respect of any building, structure, work or land is not complied with within such time, as may be specified therein, the Authority or any person authorized by it 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 and in so doing, may use such force as may be necessary and may also recover the cost thereof from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provision as aforesaid.

The Chairman, Members, Director General, Officers, servants, Experts and Consultants of the Authority when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code.

No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairman, Director General, any Member, Officer, servant, Expert and Consultant of the Authority in respect of anything done or intended to be done in good faith under this Act.

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 under this Act by or at the instance of the Authority.

Subject to the provisions of this Act, Government may make rules for carrying into effect the purpose of this Act.

Subject to the provisions of this Act and the rules famed thereunder, the Authority may make regulations as may be necessary to carry out the purposes of this Act.

Subject to the constitution, in the event of any conflict or inconsistency between the provisions of this Act and the provisions of any other law for the time being in force, the provisions of this Act shall, to the extent of such conflict or inconsistency prevail.

On the establishment of the Authority under this Act-

i)           All functions and powers with respect to the formulation, sanction and execution of scheme, and all functions heretofore performed by the Improvement Trust, shall be exercised and performed by the Authority.

ii)          All properties, assets and liabilities pertaining to the Improvement Trust shall vest in and be the assets and liabilities, as the case may be, of the Authority.

1)        On the establishment of the Authority under this Act the Town Improvement Act, 1922, shall cease to apply to the area and all schemes, projects or works started under the said Act but not completed shall be taken over by the Authority and executed under the provisions of this Act.

2)        Notwithstanding the fact of the Town Improvement Act 1922, ceasing to apply to the Areas: -

i)      All rules, regulations and orders made, notifications issued, land acquired, schemes prepared, or executed, rates and fees imposed, penalties or other charges levied, contracts entered into suits instituted by or against the Improvement Trust or any other right accrued, or liability incurred or action taken, or proceedings initiated, shall so far as they are consistent with the provisions of this Act, continue in force and be deemed to have been made, imposed, levied, entered into, instituted, prepared, executed, accrued or incurred, taken and initiated under this Act.

ii)    The provisions of Sections 45, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 of the Town Improvement Act, 1922, shall continue to apply in so far as the acquisition made under the Land Acquisition Act, 1894, are concerned.

The Punjab Development of Cities Act, 1976 (Punjab Ordinance No.XI of 1976) is hereby repealed.