N.-W.F.P. Urban Development Board (Dissolution) Ordinance 2002

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NORTH-WEST FRONTIER PROVINCE PROVINCIAL

URBAN DEVELOPMENT BOARD (DISSOLUTION) ORDINANCE, 2002

ORDINANCE XVI OF 2002

An Ordinance to provide for the dissolution of the Provincial Urban Development Board, North-West Frontier Province

[Gazette of N.-W.F.P., Extraordinary, 14th May, 2002]

No. Legis.1(21)74-II/3269/3336, dated 14-5-2002.---The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information.

Whereas it is expedient to provide for the dissolution of the Provincial Urban Development Board, North-West Frontier Province, established under sections of the North-West Frontier Province Urban Planning Ordinance, 1978 (N.-W.F.P. Ordinance No. IV of 1978);

And whereas the Governor of the North-West Frontier Province is satisfied that 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, as amended uptodate, and the Provisional Constitution Order No. 1 of 1999, as amended uptodate, read with Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance;

1. Short title and commencement. ---(1) This Ordinance may be called the North-West Frontier Province Urban Development Board (Dissolution) Ordinance, 2002.

(2) It shall come into force on the appointed day.

2. Definitions. ---In this Ordinance, unless the context otherwise requires.

(a) "appointed day" means the 1st day of May, 2002, or such other date as Government may, by notification in the Official Gazette, specify;

(b) "Board" means the Provincial Urban Development Board established under section 3 of the Ordinance;

(c) "District Government" means a District Government established under the North-West Frontier Province Local Government Ordinance, 2001 (N.-W.F.P. Ordinance No. XIV of 2001);

(d) "Government" means the Government of the North-West Frontier Province;

(e) "Governor" means the Governor of the North-West Frontier Province; and

(f) "Ordinance" or "repealed Ordinance" means the North-West Frontier Province Urban Planning Ordinance, 1978 (N.-W.F.P. Ordinance No. IV of 1978).

3. Dissolution and repeal.---On the appointed day the Board shall stand dissolved, and as a corollary thereof, the Ordinance shall stand repealed.

4. Consequential responsibilities.---Consequent upon the repeal of the Ordinance, the District Government of the District concerned shall be responsible to deal with the subject-matters of the Board so dissolved in accordance with the provisions contained in section 182 of the North-West Frontier Province Local Government Ordinance, 2001 (N.-W.F.P. Ordinance XIV of 2001):

Provided that the assets and liabilities of the Peshawar Development Authority, a Local Area Authority created under section 15 of the repealed Ordinance, shall stand transferred to, and be the assets and liabilities of the Department created under subsection (3) of section 54 of the North-West Frontier Province Local Government Ordinance, 2001 (N.-W.F.P. Ordinance No. XIV of 2001), and all functions, powers duties and responsibilities of the defunct Peshawar Development Authority, with effect from the appointed day, notwithstanding anything to the contrary contained in the said section, shall be exercised, performed and owned by the said Department.

5. Transfer of assets and liabilities.--- (1) Notwithstanding anything, to the contrary contained in the repealed Ordinance, or in any law, agreement or contract for the time being in force, but subject to the provisions of section 4, the Governor may, at any time before the appointed day, by order direct that any business, project, undertaking or property (movable or immovable) of the Board, shall be transferred to Government on such date, in such manner and to such extent as may be specified in the order, and the business, project, undertaking and property, if any, so transferred shall vest in Government and shall be disposed of in such manner as may be prescribed by rules made under this Ordinance.

(2) Government may set up a committee, consisting of such members as deemed appropriate which will be responsible to resolve the difficulty, if any, arising out of the dissolution of the Board and make recommendations for appropriate action.

(3) Government may appoint one or more officers and staff members, who shall be responsible for carrying out the action in consequence of the dissolution of the Board and to take necessary steps in that behalf.

6. Employees of the Board.---The employees of the Board shall be dealt with in accordance with the terms and conditions of their appointment under the Board.

7. Supplemental powers.---Without prejudice to the provisions of this Ordinance, the Governor may, in such manner as he may consider necessary or expedient, provide for the removal of difficulties arising out of, or in connection with, the dissolution of the Board or for effectively carrying out the purposes of this Ordinance.

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