CHAPTER IX: MISCELLANEOUS

 

  1. ANNUAL REPORT:The Authority shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date, as may be prescribed.

 

  1. RECOVERY OF DUES: Any sum due to the Authority from, or any sum wrongly paid by the Authority to, any person under this Act, shall be recoverable as arrears of land revenue.

 

  1. CONVERSION OF PROPERTY TO A DIFFERENT USE: If a person converts a property to a different use or purpose than the one provided under a scheme, master plan or classification map without the previous approval in writing of the Authority, he shall be liable to punishment of fine which may extend to ten thousand rupees per day from the date of its conversion till the default continues or with imprisonment for a term which may extend to one year or with both.

 

  1. EJECTMENT OF UNAUTHORIZED OCCUPANTS: (1) Subject to an opportunity of hearing, the Director General or any person authorized by the Director General may summarily eject any person in unauthorized occupation of any land or property vested in the Authority and may for such ejectment use such force as may be necessary.

(2)  Subject to an opportunity of hearing, the Director General or any person authorized by the Director General may, on his own motion or on the application of the owner, summarily eject any person in unauthorized occupation of any land or plot in a housing scheme developed and controlled by the Authority and may, for such ejectment, use such force as may be necessary.

(3)  Nothing contained in subsections (1) and (2) shall prohibit the Director General or any person authorized by the Director General to proceed against such person on commission of an offence, as provided in the Act.

 

  1. REMOVAL OF BUILDING, ETC. ERECTED OR USED IN CONTRAVENTION OF THIS ACT:(1) If any building, structure, work or land is erected, constructed or used in contravention of the provisions of this Act or of any rule, regulation or order made thereunder the Director General or any person authorized by him or the Authority in this behalf, may, by order in writing, require the owner, occupier, user or person in control of such building, structure, work or land to remove, demolish or alter the building, structure or work or to use it in such manner so as to bring such erection, construction or user in accordance with the said provisions of this Act.

(2)  If an order under sub-section (1) in respect of any building, structure, work or land is not complied with within such time as may be specified therein, the Director General or any person authorized by him or the Authority in this behalf, may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land by sealing the premises or land and, in so doing, may use such force as may be necessary and may also recover the cost therefor, from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions as aforesaid.

 

  1. MEMBERS, OFFICERS AND EMPLOYEES TO BE PUBLIC SERVANTS: The Chairman, Vice Chairman, members, Director-General, officers, servants, experts and consultants of the Authority or the Managing Director of an Agency shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.

 

  1. IMMUNITY OF THE AUTHORITY AND ITS EMPLOYEES: No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairman, Vice Chairman, the Director General, any member, officer, servant, expert or consultant of the Authority or the Managing Director of an Agency, in respect of anything done or intended to be done in good faith under this Act.

 

  1. JURISDICTION OF COURTS BARRED: Save as otherwise provided by this Act, no court or other Authority shall have jurisdiction to question the legality of anything done or any action taken under this Act, by or at the instance of the Authority.

 

  1. POWER TO MAKE RULES: Subject to the provisions of this Act, Government may make rules for carrying into effect the purposes of this Act.

 

  1. POWER TO MAKE REGULATIONS: Subject to the provisions of this Act, and the rules framed thereunder the Authority may make regulations as may be necessary, to carry out the purposes of this Act.

 

  1. ACT TO PREVAIL OVER OTHER LAWS:  In the event of any conflict or inconsistency between the provisions of this Act and the provisions of any other law, the provisions of this Act shall, to the extent of such conflict or inconsistency, prevail particularly in matters of master plan, land use and housing functions.

 

  1. SUCCESSION: On the establishment of the Authority under this Act–

(i)  all functions and powers with respect to the formulation, sanction and execution of schemes, and all functions with regard to water supply, sewerage and drainage within the area, heretofore performed by the Lahore Improvement Trust, shall be exercised and performed by the Authority.

(ii)  all properties, assets and liabilities pertaining to the Lahore Improvement Trust, shall vest in and be the properties, assets and liabilities, as the case may be, of the Authority.