CHAPTER V: GENERAL

 

  1. DIRECTIONS BY GOVERNMENT

The Authority shall, in discharging its functions, act and be guided, by such directions as Government may give to it from time to time.

17-A. TRANSFER OF FUNCTIONS, ETC.

Where the Authority ceases to perform a function and another organization controlled by the Government assumes that function, the Government may direct–

(i)  that the servants of the Authority connected with that function shall become servants of the said organization on such terms and conditions as the said organization may determine, subject to the condition that the said terms and conditions are not less favourable than those admissible to them as servants of the Authority; and

(ii)  that such part of the Fund of the Authority as the Government may determined shall stand transferred to the said organisation.]

  1. CONTROLLED AREA

(1) The Authority may, by notification in the official Gazette, declare any locality within the area to be a controlled area for purposes of this Act and may issue in respect of such controlled area such directions as it considers fit and appropriate and do all such things as may be necessary for the prevention of haphazard growth, encroachments and unauthorized constructions in such area.

(2)  The Authority may, by notification in the official Gazette, notify any controlled area to be no longer such area.

(3)  The Authority may, by notification in the official Gazette, entrust any of its functions in any locality within the area, to any duly appointed agent or any Government agency.

(4)  For purposes of subsection (3), the Authority may enter into an agreement with a person or any entity on such terms and conditions as may be mutually agreed.

  1. ASSIGNING FUNCTIONS OF A LOCAL GOVERNMENT

For any locality within the area, the local government may assign any of its functions to the Authority on such terms and conditions as may be mutually agreed and, while exercising such functions, the Authority may exercise the powers of the local government.

  1. POWERS TO REMOVE SOURCES OF POLLUTION

The Authority shall have full powers to undertake improvements of the environment of the area or any part thereof, and to check, replace, eliminate, remove, demolish, conserve, resettle or relocate the sources of environmental pollution such as milch cattle, horses or other animals, tongas, vehicular exhaust, industrial waste, solid waste, congestion, blight and slums, etc:

Provided that the Authority shall provide alternate accommodation or compensation, to be determined in accordance with the provisions in Chapter VI, to any person evicted from the premises owned by him.

  1. BEAUTIFICATION

The Authority shall also undertake beautification of the area or part thereof, in any manner it deems fit, or to prepare schemes and prescribe environmental standards to be adopted by the Government Agencies or persons or to direct any Government Agency or person to undertake any improvements or activities for beautification of the area or part thereof.

  1. BORROWING MONEY

(1) The Authority shall be deemed to be a ‘Local Authority’ for the purpose of borrowing money and any scheme or project prepared or undertaken by the Authority shall be deemed to be “work” as defined in section 2 of the Local Authorities Loans Act, 1914, (Act No. IX of 1914):

Provided that no local or foreign loan shall be obtained by the Authority without the previous sanction of the Government.

(2)  The Authority may, in consultation with the Finance Department, Government of the Punjab, borrow money or raise funds by issuing bonds or debentures or otherwise for carrying out the purposes of this Act, at such rate of interest as may be approved by the Government.

  1. POWER TO LEVY BETTERMENT FEE

Where, as a consequence of any scheme having been executed by the Authority, the value of any property in that locality, in the opinion of the Authority, has increased or will increase, the Authority shall be entitled to levy upon the owner of the property or any person having an interest therein, a betterment fee in respect of the increase in value of the property resulting from the execution of the scheme.

  1. ASSESSMENT OF BETTERMENT FEE

(1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority may, by an order made in this behalf, declare that for the purpose of determining the betterment fee, the execution of the scheme shall be deemed to have been completed and shall, thereupon give notice in writing to the owner of the property, or any person having an interest therein, that the Authority proposes to assess the amount of the betterment fee in respect of the property under section 23.

(2)  The betterment fee under section 23 or under sub-section (1) of this section, shall be assessed and be payable, in the manner prescribed.