THE PUNJAB DEVELOPMENT OF CITIES ACT, 1976

(Act XIX of 1976) 16th December 1976

 

An Act to provide for the development of cities in the Punjab.

Preamble.– WHEREAS it is expedient in the public interest to establish a comprehensive system of planning and development in order to improve the quality of life in the cities of the Punjab, establish an integrated development approach and a continuing process of planning and development, to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes, relating to the improvement of the environment of housing, industrial development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal and matters connected therewith and incidental thereto:

      It is hereby enacted as follows:-

 

CHAPTER I: PRELIMINARY

 

  1. Short title, extent and commencement.–(1) This Act may be called the Punjab Development of Cities Act, 1976.

(2)  It shall extend to the whole of the Province of the Punjab.

(3)  It applies to the cities of Multan and Faisalabad declared as such under sub-section (1) of section 3 of the Punjab Development of Cities Ordinance, 1976 (No. XI of 1976), with effect from the 22nd October, 1976 and shall apply to such other city or cities as the Government may, by notification, specify from time to time.

  1. Definitions.– In this Act–

(a)  “Agency” means an Agency established by the Authority to perform one or more of its functions under the Act;

(b)  “area” means the whole or any part of the city;

(c)  “Authority” means the Authority established under section 4 of the Act;

(d)  “Chairman” means Chairman of the Authority;

(e)  “Chief Officer” means the Chief Officer of the Municipal Corporation;

(f)   “city” means an area declared by the Government to be a city for purposes of this Act;

(g)  “Commissioner” means Commissioner of the Division;

(h)  “controlled area” means an area notified as controlled area by the Authority;

(i)   “Director General” means the Director General of the Authority appointed under section 11 of this Act;

(j)   “District Coordination Officer” means the District Coordination Officer of the District and includes any other officer appointed by the Government to exercise all or any of the powers and discharge any of the functions of the District Coordination Officer by whatever designation called;

(k)  “Government” means Government of the Punjab;

(l)   “Government agency” includes–

(i)   a division, department, bureau, section, commission, board, office, or unit of the Government;

(ii)  a local government; and

(iii)   a developmental or any other public authority, company or corporation owned or controlled by the Government or a local government;

(m)  “land” includes earth, water and air, above, below or on the surface and any improvements in the structure customarily regarded as land and the benefits arising out of land and things attached to earth or permanently fastened to earth;

(n)  “local government” means a local government as defined in the Punjab Local Government Act 2013 (XVIII of 2013) or under any other law for the time being in force;

(o)  “Mayor” means the Mayor of the Municipal Corporation concerned;

(p)  “member” means a member of the Authority and includes its Chairman;

(q)  “person” includes an individual, company, firm, institution, Government agency, co-operative society or association of individuals whether incorporated or not; and

(r)   “prescribed” means prescribed by rules or regulations.]

  1. Declaration of any area to be a city and alteration of the limits thereof.–(1) For the purpose of this Act, the Government may, by notification, declare any area to be a city.

(2)  The Government may, at any time, extend, curtail or otherwise alter the limits of a city.

  1. Application of this Act and establishment of an Authority

(1) The Government may establish an Authority for the city to which this Act has been applied:

Provided that in the case of the cities of Multan and Faisalabad declared as such under sub-section (1) of section 3 of the Punjab Development of Cities Ordinance, 1976 (XI of 1976), the Multan Development Authority and the Faisalabad Development Authority shall be deemed to have been validly established with effect from the 22nd of October, 1976.

(2)  The Authority shall be known by the name as may be specified by the Government.

(3)  The Authority shall be a body corporate, having perpetual succession and a common seal with powers, subject to the provisions of this Act, to acquire, hold and transfer property both movable and immovable, and may, by its name sue or be sued.

(4) The Authority shall consist of the Chairman who shall be the Chief Minister or any other person nominated by him, and the following members:-

(a)  three members, including one woman member, of Provincial Assembly of the Punjab to be nominated by the Government;

(b)  Mayor;

(c)  Chairman Planning and Development Board or his representative not below the rank of Additional Secretary;

(d)  Secretary to Government, Finance Department or his representative not below the rank of Additional Secretary;

(e)  Secretary to Government, Housing, Urban Development and Public Health Engineering Department or his representative not below the rank of Additional Secretary;

(f)   Secretary to Government, Local Government and Community Development Department or his representative not below the rank of Additional Secretary;

(g)  Commissioner;

(h)  District Coordination Officer;

(i)   Director General;

(j)   all Managing Directors; and

(k)  two technical experts to be nominated by the Government.

(5)  The Government may, by notification, alter, increase or decrease the membership of the Authority.

(6) Repealed

(7)  No act or proceedings of the Authority shall be invalid merely by reason of any vacancy in, or defect in, the constitution of the Authority.

(8)  The Government may designate one or more members of the Authority as Vice Chairman.

(9)  A Vice Chairman shall perform such functions as may be assigned to him by the Authority.

  1. Disqualification of members: No person shall be, or shall continue to be a member who–

(a)  is or, at any time, has been convicted of an offence 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 conflicting interest, directly or indirectly, between his interests as a member and his private interest, and has failed to disclose such interest in writing to the Government.

  1. Meetings.–(1) The Authority shall meet at such place and at such time and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed.

(2) The meetings of the Authority shall be presided over by –

(i)  the Chairman;

(ii)  in the absence of the Chairman, the Vice Chairman;

(iii)  in case there are more than one Vice Chairmen, in accordance with such priority as may be     determined by the Authority; and

(iv)  in the absence of the Chairman as well as the Vice Chairman, by a member of the Authority elected for the purpose by the members present, from amongst themselves.