Chief Executive Order 26, Defence Housing Authority Lahore Order 2002

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CHIEF EXECUTIVE'S ORDER 26 OF 2002

DEFENCE HOUSING AUTHORITY LAHORE ORDER, 2002

An Order to provide for the reconstitution of Defence Housing Authority at Lahore

[Gazette of Pakistan, Extraordinary, Part I, 19th September, 2002]

F.No.2(4)/2002-Pub. dated 19-9-2002.---The following Order promulgated by the Chief Executive is hereby published for general information:--

And whereas it is expedient to provide for the reconstitution of Defence Housing Authority at Lahore and to provide for the matters connected therewith or incidental thereto;

And whereas the Chief Executive is satisfied hat circumstances exist which render it necessary to take immediate action.

Now, therefore, in pursuance of the Proclamation of Emergency of the Fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, and in exercise of all power enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order:--

1. Short title and commencement. -- -(1) This Order may be called the Defence Housing Authority Lahore Order, 2002.

(2) It extends to the specified areas.

(3) It shall come into force at once.

2. Definitions.---In this Order, unless there is anything repugnant in the subject or context,--

(a) "Administrator" means the Administrator of the Authority appointed under clause (5) of Article 4;

(b) "Authority" means the Defence Housing Authority Lahore established under this Order;

(c) "Chairman" means the Chairman of the Governing Body;

(d) "Club" means the Defence Club Lahore;

(e) "Executive Board" means the Executive Board constituted under this Order;

(f) "Governing Body" means the Governing Body constituted under this Order.

(g) "Prescribed" means prescribed by the rules or regulation;

(h) "President" means the president of the Executive Board;

(i) "Project" means any project of housing or development of land undertaken or planned by the Authority;

(j) "Controlled area" means an area notified as such by the Authority;

(k) "Member" means a member of the Authority and includes its Chairman;

(l) "Regulation" means regulations made under this Order;

(m) "Rule" means rules made under this Order;

(n) "Scheme" means any financial scheme or development scheme undertaken, planned or made by the Authority;

(o) "Secretary" means the Secretary of the Authority;

(p) "Specified area" means all land acquired by or leased to the authority in any manner before the commencement of this Order and includes any land that may be acquired by, or leased to the Authority after such commencement; and

(q) "Vice-Chairman" means Corps Commander Lahore of the Pakistan Army.

3. Establishment of the Authority.--(1) There shall be an Authority established by the Federal Government to be known as the Defence Housing Authority Lahore for carrying out the purposes of this Order.

(2) The authority shall be a body corporate, having perpetual succession and a common seal; with power to acquire and hold property and to enter into contracts, and may by the said name sue and be sued.

4. Management.--(1) The general direction and administration of the affairs of the Authority shall vest in the Governing Body which shall consist of the following members, namely:--.

|-----------------------------------------|---------------| | (a) The Secretary, Ministry of defence. | Chairman | | (b) the Corps Commander, Lahore | Vice-Chairman | | (c) Administrator. | Member | | (d) two co-opted civilians | Member | | (e) Secretary of the Authority | Member |

(2) There shall be an Executive Board which shall exercise all the administrative, executive and financial powers and do all acts and things, which may be exercised or done by the Authority but under the guidance and directions on questions of policy by the Governing Body. The Executive Board shall be bound to carry out the instructions of the Governing Body issued from time to time.

(3) The Executive Board shall consist of Corps Commander Lahore Corps as its President and the Administrator of the Authority, two co-opted resident civilian members and the Secretary of the Authority as members.

(4) The co-opted resident members, to be appointed by the Governing Body and Executive Board above, shall be for a period not exceeding two years at a time and shall not have the right to vote.

(5) The Administrator shall be appointed by the Chief of the Army Staff who shall perform such functions as may be assigned to him by the Governing Body.

5. Meetings of Governing Body and Executive Board.--(1) The Governing Body shall meet at least once every year, on such date, time and place as may, be fixed by the Chairman, and at such meetings it shall approve the budget and audit report of the Authority laid before it by the Executive Board and review the progress and activities of the authority as well as to lay down the matters of policy for the guidance of the Executive Board and transact such other business as may be laid before it by the Executive Board.

(2) The Executive Board shall meet as often as may be required, or considered necessary by the Administrator in consultation with the President and at such meetings shall transact such business as may be laid before it by the Administrator.

(3) The meeting of the Governing Body shall be presided over by the Chairman and, in his absence, by the most senior member of the Governing Body.

(4) The meetings of the Executive Board shall be presided over by the President and; in his absence, by the most senior member of the Executive Board.

(5) All meetings of the Governing Body and the Executive Board shall be convened by the Secretary who shall record, maintain and keep the minutes of all such meetings.

6. Annual report and accounts.--The Executive Board shall submit to the Governing Body, as soon as may be after the end of every financial year but before the thirty first day of December next following a general report on its affairs including accounts, balance sheet and audit report for the year.

7. Powers, duties and functions of Executive Board.--(1) Subject to other provisions of this Ordinance, the Executive .Board may take such measures and exercise such powers as may be necessary for carrying out the purposes of this Order.

(2) Without prejudice to the generality of the foregoing powers, the Executive Board may:--

(a) acquire any land in accordance with the Land Acquisition Act, 1894 (1 of 1894) in tile Province of Punjab;

(b) undertake any works in pursuance of any scheme or project;

(c) incur any expenditure.

(d) procure plant, machinery, instrument and necessary materials;

(e) impose, recover, alter, vary or enhance development charges, instalments, cost of apartments, housing units of scheme, commercial projects and transfer fees and other charges in respect of any property, plot or project within the area of the Authority;

(f) enter into contracts.

(g) plan, develop and execute new developments and projects through joint ventures with local and international agencies, institutions and individuals;

(h) plan approve and execute mergers and amalgamations with other adjoining housing schemes or cooperative housing societies that may be considered expedient for the overall growth of the Authority but subject to the approval of the Governing Body..

(i) lease, purchase, acquire, sell, exchange, rent out or otherwise dispose of any land/property vested in the authority;

(j) cancel or re-plan any housing, commercial or amenity unit, its planned housing project or scheme either in default of payment of instalments called for, or in violation of any terms and conditions for such project or scheme by all allottees, transferees or lessees;

(k) do all such acts, deeds and things that may be necessary or expedient for the purpose of proper planning and development of the specified area; and

(l) prepare and after its approval by the Governing Body, executive rules and regulations relating to the employment and termination of employees, staff and consultants working in the Authority.

8. Powers of the Executive Board to raise funds.--The Executive Board may raise funds for the purpose of generating its working capital in such manner as it may think proper, through loans or levy of any charges as it may by rules prescribe.

9. The Administrator, his powers, duties and functions.--(1) The Administrator shall 'be the chief executive officer of the Authority and shall exercise all executive powers of the Authority delegated or otherwise, in accordance with the policy laid down by the Governing Body and the directions or decisions of the Executive Board subject to the, provisions of this Order, the rules and regulations.

(2) The Administrator shall, either by himself or through any officer appointed by the Executive Board in this behalf, carry on the correspondence and shall sign, verify, peruse and file all plaints, written statements, memo of appeals, affidavits, petitions, applications, vakalatnamas and such other documents on behalf of the Authority, in any suit; appeal, petition and proceedings which may be instituted, prepared and filed by or against the Authority in or before any Court, Tribunal or Authority.

10. Appointment of officers and staff.--The Executive Board may appoint such officers, functionaries, employees, staff, experts", consultants and advisors as it may consider necessary for the performance of the functions of the Authority under this Order and in such manner and on such terms and conditions as may be prescribed by rules.

11. Delegation of powers.--The Governing Body, the Executive Board and the Administrator may delegate to any person, subject to such conditions as it may impose, all or any of their powers, duties and functions under this Order.

12. Committees.--The Authority, the Governing Body and the Executive Board may constitute such committees as may be necessary for the efficient performance of their respective functions and assign to such committees such functions as it may deem necessary.

**13. Functions of the Authority.--**The Authority may do all such acts and things as may be necessary for the planning and development of and for providing and regulating housing facilities in the area notified by the authority.

14. Authority Fund.--(1) There shall be fund to be known as the "Defence Housing Authority Lahore Fund" which shall vest in the Authority and to which shall be credited all moneys received by the Authority.

(2) The fund shall be kept in such custody and shall be utilized and regulated in such manners as may be prescribed.

15. Budget, Audit and Accounts.--The budget of the Authority shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed.

16. Recovery of sums due to the Authority.--Any sum payable to the Authority shall be recoverable as arrears of land revenue.

17. Power to cancel allotment.--The Governing Body or the Executive Board may cancel, revoke or rescind any allotment, transfer, licence, lease or agreement in respect of any plots or scheme in the specified area if the allottee, transferee or licensee fails to pay the dues or instalments including development charges in respect of such plot or housing unit within three months from the date of receipt of the demand in writing or within such extended time as the Governing Body or the Executive Board may, in special cases, fix and thereupon the plot or the housing unit, with or without construction thereon, shall be resumed and vest in the Authority.

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

19. Removal of building erected or used in contravention of this Order.--(1) If any building, structure, work or land is erected, constructed or used in contravention of the provisions of this order or any rules, regulations or orders made thereunder, the Authority or any person, authorised by it in this behalf, may be 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 as may bring such erection, construction or use in accordance with the provisions of this Order.

(2) If an order` under subsection (1), in respect of any building, structure work or land is not complied within such time, as may be specified therein, the authority or any person authorized by it in this behalf, may, after giving the person concerned, 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 provisions as aforesaid.

20. Employees etc. deemed to be public servants.--All persons acting or purporting to act in pursuance of any provisions of this Order shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

**21. Indemnity.--**No suit or the proceedings shall lie against the Authority, the Governing Body, the Executive Board, the Administrator, or any of their members, or servants for anything done or purported to have been done by them in good faith under the Order, the rules or the regulations framed thereunder.

22. Power to make rules.--The Governing Body may, by notification in the official Gazette make rules for carrying out' the purposes of this Order.

23. Power to make regulations.--The Executive Board may, by notification in the official gazette, make such regulations not inconsistent with the provisions of this order and the rules as it may consider necessary or expedient for the administration and management of the affairs of the Authority.

24. Ordinance and override other laws.--The provisions of this Order shall have effect notwithstanding anything in any other law for the time being in force.

25. Repeal and savings.--(1) The Defence Housing Authority, Lahore Ordinance, 1999 (Punjab Ordinance LI of 1999), is hereby repealed.

(2) Upon the commencement of this Order the Defence Housing Authority, Lahore herein referred to as the Authority, shall stand dissolved and upon such dissolution,

(a) all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balance, reserve funds, investments and all other interests and rights 'in or arising out of such property and all liabilities and obligations of whatever kind of the authority shall be transferred to and vest in the Authority established under this Order.

(b) all contracts and agreements entered into, all rights acquired and all matters and things engaged to be done by, with or for the authority or before such dissolution shall be deemed to have been entered into, acquired or engaged to be done by, with or for the Authority established under this Order.

(c) all leases executed and all grants made and all lands vested in the name of the Authority before such dissolution shall be deemed to be leases executed and grants made and all land vested in the name of the Authority established under this Order;

(d) all contracts, projects, schemes, work (whether in progress or not) and all guarantees, undertakings, obligations, liabilities and mortgages, executed or subsisting in the name of the Authority before such dissolutions shall be deemed to be contracts, projects, schemes, works, guarantees, undertakings, obligations., liabilities and mortgages of the Authority established under this Order.

(e) all pending disputes in respect of the Authority under section 54 or any other provision of the Cooperative Societies Act, 1925 (Sindh Act VII of 1925), shall stand transferred to and be decided by the Administrator and any party aggrieved by his decision shall have the right of appeal to the Executive Board whose decision thereon shall be final;

(f) all appeals and revisions pending either before the Registrar of the Provincial Government under the provisions of the aforesaid act shall stand transferred to the Executive Board whose decision thereon shall be final;

(g) all suits, petitions and other legal proceedings instituted by or against the Authority, Club or Foundation before such dissolution shall be deemed to be suits, petitions, and proceedings by or against the Authority established under this Order and shall be proceeded or otherwise dealt with accordingly;

(h) all allotments and transfers of plots, whether residential, commercial or otherwise, made by the Authority before such dissolution shall be deemed to be allotments and transfers made by the Authority established under this Order:

Provided that the Executive Board may:--

(i) cancel such allotments which were made or issued in contravention of the bye-laws of the Authority or the resolution of the Managing Committee of the Authority;

(ii) alter the area of any plot involving duplicate allotments and re -allot the same in such manner as it may consider appropriate; and

(iii) pass such orders, in respect of transfer of plots involving duplicate allotments as it may deem fit; and

(i) all bye-laws, rules or regulations in force immediately before the dissolution of the Authority shall continue in force until altered or rescinded by rules or regulations made by the Authority established under this Order.

(j) notwithstanding anything to the contrary contained in any contract or agreement or in the conditions of service, every employee, functionary officer, staff, expert, consultant and adviser of the Defence Housing Authority, Lahore and the Defence Club shall on the commencement of this Order, stand transferred to the Authority established under this Order on the same terms and conditions as were applicable to him before such commencement until and unless his employment under the Authority is terminated in accordance with the terms and conditions of service; and

(k) notwithstanding anything contained in sub-clause (j) or in any contract of service, the Executive Board may alter the terms and conditions of service of the employees, staff functionaries, officers, experts, consultants and advisors in such manner as may be prescribed by rules provided that such alterations of conditions of services shall not be varied to the disadvantage of the employees concerned.

26. Removal of difficulties.--If any difficulty arises in giving effect to any provision of this Order, the Federal Government may give such directions as it may consider necessary for the removal of such difficulty.

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