CHAPTER IV: PREPARATION AND EXECUTION OF SCHEMES

 

  1. PREPARATION OF SCHEMES

(1) The Authority shall, in such form and in such manner as may be prescribed, prepare schemes for the area or any part thereof.

(2)  All schemes prepared by the Authority shall be submitted to the Government for its approval, except those schemes, the provisional estimated cost of which does not exceed such limit as may be prescribed by rules] or for which no loan or grant is required from the Government.

(3)  The Authority shall publish the sanctioning of any scheme in the official Gazette and shall forthwith proceed to execute the scheme.

(4)  The publication of a sanction under sub-section (3), shall be conclusive evidence that the scheme has been duly framed and sanctioned.

(5) A person, local body or Government agency shall not, within the area, prepare a planning or development scheme except with the concurrence of the Authority.

(6) In case of a private housing scheme, the Authority may grant approval subject to the following conditions:-

(a)  mortgage of twenty percent plots of the scheme with the Authority against development and clearance of all kinds of default under applicable laws, rules and regulations;

(b)  transfer of minimum fifty percent area of public building sites in the name of the Authority up to a maximum of two percent of the scheme area;

(c)  transfer of land falling under roads, parks, open spaces, graveyards or other such services in the name of the Authority;

(d) such other conditions as may be prescribed.

(7)  The Authority shall decide the application for approval within six months from the date of completion of the conditions under subsection (6).

(8)  The approval of a farm housing schemes or a constructed houses scheme shall be subject to the conditions mentioned in subsection (6) and such other conditions or guarantees as may be prescribed.

(9)  The development of an approved scheme shall be completed within the period given hereunder:-

(a)  two years, in case of sub-division or an area up to 100 kanals;

(b)  three years, in case of an area from 101 kanals to 300 kanals; and

(c)  five years, in case of an area above 300 kanals.

(10) In every scheme, such provision for place of worship shall be made as may be prescribed.

13A. ESTABLISHMENT OF HOUSING SCHEMES, PROJECTS ETC.

(1) The Authority may prepare, establish and develop housing and any other schemes, buildings, infrastructure, services, commercial, semi-commercial projects or sites and for the purpose it may enter into an agreement with any person.

(2)  A housing scheme under subsection (1) shall be approved in the manner prescribed for the preparation of a scheme under this Act

  1. LAND USE CLASSIFICATION

The Authority may, at any time, modify a scheme prepared under this Act by way of change of land use through classification, reclassification or redevelopment in the prescribed manner and shall publish, in the official Gazette, such modification or change.

14A.  CONTROL OF MASTER PLAN, ETC.

(1) The Authority shall make, maintain, amend, manage, enforce and keep in its custody the master plan of the area.

(2)  The Authority shall, in the prescribed manner, exercise land use control and perform housing functions in the area.

(3)  Notwithstanding anything contained in any other law, a person shall be bound to adhere to the master plan, rules and regulations for land use control and housing functions as referred to in subsections (1) and (2).

(4)  In case any person contravenes any of the provisions of this section, the Authority may direct that till the time the contravention continues–

(a)  transfer of any immovable property shall be prohibited;

(b)  the Collector to impose a ban on the issuance of Fard Malkiat, registration of any document or attestation of mutation in favour of the said person; and

(c)  the local government, Agency or Government agency to stop or discontinue the provision of municipal services to such person.

  1. POWER TO GIVE DIRECTIONS

(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 that area;

(c)  to provide any amenity in relation to the land which in the opinion of the Authority ought to be provided; and

(d) to enforce regulations on behalf of the Authority.

(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.

  1. POWER TO EXECUTE ANY SCHEME

(1) Where the Authority is satisfied that any direction given by it under sub-section (1) of section 15 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 purposes 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.