THE ABBOTTABAD JOINT DEVELOPMENT BOARD ORDINANCE, 1962
ORDINANCE No. LXXI of 1962
[7th June, 1962]
An Ordinance to establish a Joint Development Board for Abbottabad.
WHEREAS it is expedient to establish a Joint Development Board for the development of Abbottabad, and thereby to control and regulate the building activities therein ;
Now, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and pro mulgate the following Ordinance :--
1.Short title, extent and commencement.-(1) This, Ordinance may be called the Abbottabad Joint Development Board Ordinance, 1962.
(2) It extends to the areas within the Cantonment and Muni cipal limits of Abbottabad, and shall extend to such other areas in the vicinity thereof as the Central Government may, by noti fication in the official Gazette, specify in this behalf.
(3) It shall come into force at once.
2.Definitions. In this Ordinance, unless there is anything repugnant I in the subject or context,-
(1) `Auditor-General' means the Comptroller and Auditor -General of Pakistan ;
(2) `Joint Board' means the Abbottabad Joint Develop ment Board established under section 3 ;
(3) `local body' means-
(a) in relation to the areas within the Cantonment limits of Abbottabad, the Cantonment Board, Abbottabad ;
(b) in relation to the areas within the Municipal limits of Abbottabad, the Municipal Committee, Abbottabad ; and
(c) in relation to the areas within any other local authority, that local authority,
and "local bodes" shall be construed accordingly.
3.Establishment of the Joint Board.-(1) As soon as may be after the commencement of this Ordinance there shall be established a board to be known as the Abbottabad Joint Development Board for the development of Abbottabad and for the control and regulation of building activities therein.
(2) The Joint Board shall be a body corporate, having per petual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
4.Composition of the Joint Board.-(1) The Joint Board shall consist of the Following mem bers, namely:-
(a) the Station Commander, Abbottabad;
(b) the Executive Officer of the Cantonment Board, Abbottabad;
(c) the Garrison Engineer of the M.E.S., Abbottabad;
(d) the Vice-President of the Cantonment Board, Abbot tabad;
(e) the Health Officer of the Cantonment Board, Abbot tabad;
(f) the Chairman of the Municipal Committee,. Abbot tabad;
(g) the Vice-Chairman of the Municipal Committee, Abbottabad;
(h) the Superintending Engineer, Public Works Depart ment, Abbottabad.
(2) The Station Commander, Abbottabad, shall be the Chairman, and the Executive Officer of the Cantonment Board, Abbottabad, shall be the Secretary, of the Joint Board.
5.Office of the Joint Board. The Office of the Joint Board shall be located in the office of the Cantonment Board, Abbottabad.
6.Meetings of the Joint Board.-(1) The Joint Board shall meet as often as is considered necessary by the Chairman:
Provided that it shall meet at least once in every quarter.
(2) The meetings of the Joint Board shall ordinarily be held in its office, but the Chairman may convene a meeting at any other place.
(3) The Chairman of the Joint Board and, in his absence, a member chosen for that purpose by the members present from amongst themselves shall preside at the meetings.
(4) Five members shall form a quorum at a meeting.
(5) The meetings shall be conducted in accordance with such procedure as may be prescribed by regulations made by the Joint Board and, until such regulations are made, in such manner as its Chairman may direct.
(6) No act or proceeding of the Joint Board shall be invalid merely on the ground of the existence of any vacancy in; or any defect in the constitution of, the Joint Board.
7.Master-Plan-(1) The Joint Board shall prepare a master-plan for the development of the area to which this Ordinance applies.
(2) The cost of the preparation of the master-plan shall be borne by the local bodies proportionately to the areas within their jurisdiction covered by the plan.
(3) No planning or development scheme shall be prepared and executed by any local body or agency without the prior concurrence of the Joint Board.
(4) Any directive issued by the Joint Board in connection with planning and development shall be binding on the local bodies.
8.Local bodies to bear recurring expenditure on development. The local bodies shall bear recurring expenditure on the development made by the Joint Board within their respective areas.
9.Power to require local bodies to do certain things. Joint Board may require the local bodies-
(1) to execute a scheme in that area in consultation with the Joint Board;
(2) to take over and maintain any of the works and ser vices-in any of that area;
(3) to enforce, on behalf of the Joint Board, regulations made by it;
(4) to bear expenditure incurred by it on-
(i) the execution of any scheme;
(ii) the taking over and maintenance of any work;
(iii) the enforcement of any regulation.
10. Standing regulations. The Joint Board shall frame standing regulations for the guidance of the local bodies which shall modify or amend their bye-laws in accordance with such regulations.
11. Appointment of officers and servants, etc. The Joint Board may, from time to time, appoint such officers, servants, experts or consultants as it may consider neces sary for the performance of its functions on such terms and con ditions as it may deem fit.
12. Members, officers, etc., to be public servants. The members, officers, servants, experts and consultants of the Joint Board shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.
13. Joint Board Fund.(1) There shall be established a fund to be known as the Joint Board Fund, which shall vest in the Joint Board and shall be utilized by it to meet charges in connection with its functions under this Ordinance, including payment of salaries and other remuneration to the officers, servants, experts and consultants.
(2) The Joint Board Fund shall be formed by contributions from the local bodies in proportion to the areas within their jurisdiction, and by such grants as the Central and Provincial Governments may make to it from time to time:
Provided that the initial contribution of the two local bodies shall be fixed by the Central Government in consultation with the Provincial Government.
14. Budget-(1) In the month of May each year, the Joint Board shall submit to the Central Government for approval a statement of the estimated receipts and expenditure in respect of the next financial year.
(2) The Central Government shall consult the Provincial Government before the estimates are approved under sub section (1).
15. Audit and Accounts.-(1) The Joint Board shall maintain accounts of its receipts and expenditure in such manner and form as may be prescribed by the Auditor-General.
(2) The accounts of the Joint Board shall be audited by the Auditor-General, or by an officer authorized by him every year in such manner as the Auditor-General may think fit.
(3) The Auditor-General shall, as soon as possible after completion of the audit, send to the Joint Board a report on the aid accounts and the Joint Board shall, with its comments thereon, forward it to the Central Government and the Pro vincial Government.
(4) The Joint Board shall take steps forthwith to remedy any defects or irregularities pointed out in the report under sub-section (3).
16.Power to issue directions. The Central Government may, from time to time, issue directions to the Joint Board to take such measures as it considers necessary for carrying out the purposes of this Ordi nance and the Joint Board shall comply with all such directions:
Provided that no direction, involving a question of policy or concerning important administrative matter, shall be issued without consulting the Provincial Government.
17.Power to make rules. The Central Government may, in consultation with the Provincial Government, make rules for carrying out the purposes of this Ordinance.
18.Power to make regulations. (1) The Joint Board may, with the approval of the Central Government, make regulations not inconsistent with this Ordinance and the rules made thereunder.
(2) The Central Government shall consult the Provincial Government before it gives approval to any regulation made under sub-section (1).
19. Ordinance to override other laws, etc. The provisions of this Ordinance, and the rules and regulations made thereunder, shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force, or in any contract, instrument or other document.
20.Indemnity. No suit, prosecution or other legal proceedings shall lie against the Joint Board, the Chairman, any member, officer, servant, expert or consultant of the Joint Board in respect of anything which is, in good faith, done or intended to be done under this Ordinance.
21.Dissolution of the Joint Board.-(1) The Central Government may, by notification in the official Gazette, declare that the Joint Board shall be dissol ved on such date as may be specified therein, and the Joint Board shall accordingly stand dissolved.
(2) On the dissolution of -the Joint Board, its assets and liabilities shall be apportioned by the Central Government in consultation with the Provincial Government between the local bodies,