Punjab Katchi Abadis Act 1992

THE PUNJAB KATCHI ABADIS ACT, 1992 (Pb Act !III "# 1992$ C%NTENTS SECTI%NS 1 2 & ' ( ) * + 9 1, 11 12 1& 1' 1( 1) 1* 1+ 19 2, 21 22 2& Short title, extent and commencement. Definitions. Appointment of Director-General. Powers and functions of the Director-General. Constitution of Implementation Committees. Declaration of Katchi Abadis and Ac uisition of !and. Schemes. Shiftin" of #ccupants of Katchi Abadis. Katchi Abadis $und. !oans, "rants, aid and "ifts. Custod% and in&estment. 'tili(ation of the $und. Accounts. Audit. Surchar"e. )etterment fee. Dele"ation of powers. Committees. Power of Go&ernment to "i&e Directions. #ffences and their Co"ni(ance. *alidation. Power to ma+e ,ules. ,emo&al of difficulties.

1-1.

THE PUNJAB KATCHI ABADIS ACT, 1992

(Pb Act !III "# 1992$
-./ September .//01

An Act to ma+e pro&isions for re"ularisation, de&elopment and impro&ement of Katchi Abadis P/0a1b20 3 2hereas it is expedient to ma+e pro&isions for re"ularisation of Katchi Abadis and to pro&ide for de&elopment and impro&ement thereof. It is hereb% enacted as follows31 Sh"/t tit20, 04t0nt and c"110nc010nt 3 4.5 6his Act ma% be called the Pun7ab Katchi Abadis Act, .//0. 405 485 It shall extend to the whole of the Pro&ince of the Pun7ab. It shall come into force at once.

2 D0#initi"ns 3 4.5 In this Act, unless there is an%thin" repu"nant in the sub7ect or context9
2-2.

-4i5 :6ehsil ;unicipal Administration< means a 6ehsil ;unicipal Administration constituted under the Pun7ab !ocal Go&ernment #rdinance, 0==. and includes a 6own ;unicipal Administration constituted in a Cit% District>1 4ii5 :De&elopment Authorit%< means a De&elopment Authorit% constituted under an% law, for the time bein" in force> 4iii5 :Director-General< means the Director-General of Katchi Abadis, Pun7ab> 4i&5 :Dwellin" 'nit< means a house or an% similar structure, built of an% material, and used wholl% or partiall% for human habitation> 4&5 :Implementation Committee< means a Committee constituted under Section &-&. -?1 of this Act> 4&i5 :Katchi Abadi< means an% area declared as such under Section '-'.-@1 of this Act>

.-1.6his Act was passed b% the Pun7ab Assembl% on /th September, .//0> assented to b% the Go&ernor of the Pun7ab on
.?th September, .//0> and, was published in the Pun7ab Ga(ette 4Axtraordinar%5, dated ./th September, .//0, Pa"es 8=8?-I to 8=8?-B.

0-2.Substituted b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05, which will remain in force
under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

8-&.Ibid., for the fi"ure EFG. C-'.Substituted for the fi"ure EDG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05, which will
remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

4&ii5 :Prescribed< means prescribed b% rules> and 4&iii5 :,ules< means rules framed under this Act. 405 2ords and expression not defined in this Act shall, unless the context otherwise re uires, ha&e the meanin"s assi"ned to them in the Pun7ab !ocal Go&ernment #rdinance, (-(.-0==. 4HIII of 0==.51. & A55"int10nt "# Di/0ct"/670n0/a2 3 4.5 6here shall be appointed b% Go&ernment a Director-General for carr%in" out the purposes of this Act. 405 6he Director-General shall be pro&ided with such officers and staff as is considered necessar% b% the Go&ernment for the efficient performance of the functions of the Director-General. ' P"80/s and #uncti"ns "# th0 Di/0ct"/670n0/a2 3 4.5 Sub7ect to the pro&isions of this Act and "eneral control of the Go&ernment, the Director-General, shall exercise such powers and perform such functions and duties as ma% be necessar% for carr%in" out the purposes of this Act. 405 2ithout pre7udice to the "eneralit% of the fore"oin" pro&ision, the Director-General shall9 4i5 implement policies formulated b% the Go&ernment for the re"ularisation, de&elopment and impro&ement of a Katchi Abadi> 4ii5 la%-down "uidelines for the implementation of such policies b% the concerned authorities> 4iii5 identif% an area to be declared as a Katachi Abadi under this Act> 4i&5 arran"e or carr% out detailed ph%sical sur&e%, and census of occupants of the Katchi Abadis and prepare or cause to be prepared plans and amelioration plans and desi"ns of infrastructural wor+s in connection with the re"ularisation and de&elopment of the Katchi Abadis> 4&5 formulate de&elopment and financial pro"rammes in respect of the Katchi Abadis and determine implementation strate"% of such pro"ramme> 4&i5 o&ersee the operation of the fund> 4&ii5 ac uire, hold, control and administer, mo&able or immo&able propert% or dispose of such propert%> 4&iii5 prepare or cause to be prepared schemes and execute or cause to be executed such schemes> 4ix5 underta+e, where necessar%, low cost housin" and rede&elopment schemes for resettlement of shiftees from the Katchi Abadis and the areas which are not re"ularisable as Katchi Abadis> 4x5 enter into and perform contracts> ?-(.Ibid., for the fi"ures, brac+ets and words E./F/ 4Pb. #rd. *I of ./F/5G.

4xi5 incur expenditure for carr%in" out the purposes of this Act> 4xii5 arran"e ci&ic amenities and ci&ic ser&ices in the Katchi Abadis throu"h the )-). -6ehsil ;unicipal AdministrationI De&elopment AuthoritiesICantonment )oards1, other concerned a"encies or donor a"encies of Pa+istan or forei"n ori"in> 4xiii5 ta+e such steps as ma% be necessar% or conduci&e to the attainment of the ob7ects of the appointment of the Director-General> 4xi&5 inspect or cause to be inspected the de&elopment schemes of Katchi Abadis and ma% issue such instructions as ma% be necessar% with re"ard to the sanctionin" and preparation of such schemes> 4x&5 call for the record of an% of the proceedin"s of the Implementation Committee and to alter its decisions if deemed proper sub7ect to the prior appro&al of the Go&ernment> 4x&i5 e&ict or cause to be e&icted unauthorised persons or remo&e or cause to be remo&ed encroachments from Katchi Abadis in accordance with the law for the time bein" in force> 4x&ii5 decide, with the prior appro&al of the Go&ernment, all disputes between the District Implementation Committee and !ocal Authorities with re"ard to Sur&e% !ists, fixation of mar+et price of the land and all matters concernin" the re"ularisation or de&elopment of Katchi Abadis> and 4x&iii5 issue directions with re"ard to Sur&e% !ists, fixation of mar+et price and de&elopment char"es. ( C"nstituti"n "# I152010ntati"n C"11itt00s 3 4.5 6here shall be an Implementation Committee in each De&elopment Authorit% or *-*.-6ehsil ;unicipal AdministrationICantonment )oard1 in which a Katchi Abadi is located. 405 6he Committee shall consist of a Chairman and such other members as Go&ernment ma% appoint. 485 purpose. 4C5 6he Committee ma% co-opt an% person as its member for an% particular 6he Committee shall3-

4i5 assist the Go&ernment and the Director-General in the performance of their functions> @-).Substituted for the words E!ocal CouncilsG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of
0==05, which will remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

F-*.Substituted for

the word ECouncilG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05, which will remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

4ii5 be responsible for effecti&e co-ordination of the acti&ities of the DirectorGeneral pertainin" to Katchi Abadis with those of the concerned A"encies in the respecti&e areas> 4iii5 ensure pre&ention of encroachments in Katchi Abadis> 4i&5 ta+e such steps as ma% be necessar% or conduci&e to the attainment of the ob7ecti&es of this Act> and 4&5 perform such other functions as ma% be assi"ned to it b% the Go&ernment. 4?5 6he Committee shall function in such manner as the Go&ernment ma% specif%. ) D0c2a/ati"n "# Katchi Abadis and Ac9uisiti"n "# :and 3 4.5 Sub7ect to the pro&isions of sub-sections 405, 485, 4C5 and 4?5 and the directions, if an%, of Go&ernment, the Director-General ma%, after such en uir% as he deems fit, b% notification in the official Ga(ette, declare an% area or part thereof which was occupied unauthorisedl% before the 08rd of ;arch, ./D? and continues to be so occupied and has at least fort% dwellin" units on it to be a Katchi Abadi3 Pro&ided that the Go&ernment ma% +-+.-b%1 notification from time to time redetermine the number of dwellin" units for the purpose of declaration of a Katchi Abadi. 405 Bo area belon"in" to the $ederal Go&ernment or an% authorit% or Corporation or bod% established or controlled b% the $ederal Go&ernment shall be declared as Katchi Abadi without the consent of the $ederal Go&ernment. 485 Axcept as otherwise pro&ided, no area owned b% a person or a societ% shall be declared as Katchi Abadi except with the consent of such person or societ% and the Katchi Abadi so declared shall be sub7ect to such terms and conditions as ma% be a"reed to between such person or, as the case ma% be, societ% and the Director-General. 4C5 Axcept as otherwise directed b% the Go&ernment, no area which is reser&ed for the purposes of roads, streets, water suppl% arran"ements, sewera"e or other conser&anc% arran"ements, hospitals, schools, colle"es, libraries, pla%"rounds, "ardens, mos ues, "ra&e%ards, railwa%s, hi"h tension lines, or similar other purposes or is not safe from flood ha(ard, shall be declared to be a Katchi Abadi. 4?5 2here the Go&ernment is of the opinion that the area referred to in subsection 485 cannot be ac uired b% consent or a"reement, the area ma% be ac uired under the pro&isions of the !and Ac uisition Act, .D/C 4I of .D/C5. 4@5 An area declared to be a Katchi Abadi shall, sub7ect to the a"reement referred to in sub-section 485, &est in the De&elopment Authorit% or the 9-9.-6ehsil ;unicipal Administration1 within whose area it falls. D-+.Substituted for the word EbeG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05, which will
remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

/-9.Ibid., for the word ECouncilG.

* Sch010s 3 4.5 6he Director-General shall prepare or cause to be prepared schemes for de&elopment, impro&ement, or re"ularisation of Katchi Abadis includin" the "rant of proprietar% ri"hts in Katchi Abadis to the dwellers thereof and the schemes so prepared shall ha&e effect on bein" sanctioned b% the Go&ernment. 405 6he schemes ma% relate to9

4i5 communit% plannin", housin", re-housin" includin" low cost housin" and amelioration> 4ii5 rehabilitation of occupants of Katchi Abadi in the same Katchi Abadi or where it is not possible in some other area or localit%> 4iii5 communit% facilities includin" water suppl%, sewera"e disposal, electricit% suppl%, "as and other public utilities or amenities> 4i&5 roads and streets> and 4&5 an% sub7ect or matter incidental or ancillar% to the purposes of this Act. 485 Go&ernment ma%, b% notification in the official Ga(ette, alter or amend the list of sub7ects "i&en in sub-section 405, and an% such addition or modification shall ta+e effect as if it had been enacted in this Act. 4C5 All schemes shall be prepared in such manner and form as Go&ernment ma% specif%, and shall contain, amon" other thin"s, the followin" information, namel%34i5 description of the scheme and the manner of its execution> 4ii5 estimate of costs and benefits> 4iii5 allocation of costs to the &arious purposes to be ser&ed b% the scheme> 4i&5 date of commencement> and 4&5 date of completion. 4?5 At an% time after sanctionin" of an% scheme but before its completion, Go&ernment ma%, on its own motion or on the recommendation of the Director-General, alter it. 4@5 6he Director-General, and if so directed b% him the concerned De&elopment Authorit% or 1,-1,.-6ehsil ;unicipal Administration1, shall execute or cause to be executed the sanctioned schemes and ta+e such measures and exercise such powers includin" the power of remo&al of encroachments in accordance with the law for the time bein" in force as ma% be necessar% for the purpose. .=-1,.Substituted for the words ECouncilG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05,
which will remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

+ Shi#tin; "# %ccu5ants "# Katchi Abadis 3 4.5 #ccupants of an% Katchi Abadi ma%, with the prior appro&al of the Go&ernment, be shifted b% the Director-General if the land under a Katchi Abadi or a part thereof9 is not transferred b% the owner of the land> is re uired for pro&idin" ci&ic amenities in the Katchi Abadis> is low-l%in" and its de&elopment is not economical> or is re uired for an% public purpose. 9 Katchi Abadis <und 3 4.5 6here shall be a separate fund of each concerned De&elopment Authorit% or 11-11.-6ehsil ;unicipal Administration1 to be +nown as Katchi Abadis $und. 405 6he fund shall consist of9 4a5 4b5 4c5 4d5

4i5 "rants and subsid% recei&ed from the $ederal Go&ernment, the Pro&incial Go&ernment or an% !ocal Authorit%> 4ii5 loans raised or obtained b% the De&elopment Authorit% or the 12-12.-6ehsil ;unicipal Administration1> 4iii5 contributions or donations, aid or "ifts recei&ed b% the Director-General 1&-1&.-or1 the De&elopment Authorit% 1'-1'.-J J J1> and 4i&5 price of land and de&elopment char"es, reco&ered under this Act and other char"es, if an%, for ser&ices rendered b% the De&elopment Authorit% or the 1(-1(. -6ehsil ;unicipal Administration1. 1, :"ans, ;/ants, aid and ;i#ts 3 6he Director-General ma%, with the pre&ious sanction of and on such terms and conditions as ma% be appro&ed b% Go&ernment, obtain 9 4i5 Act> and loans from ban+s and other sources for carr%in" out the purposes of this

4ii5 "rants, aid, or "ifts from donor a"encies of Pa+istan or forei"n ori"in. 11 Cust"d= and in>0st10nt 3 6he amounts credited in the fund shall be operated, +ept and in&ested in such manner as ma% be prescribed. 12 Uti2isati"n "# th0 <und 3 6he amount credited in the fund shall be utilised for carr%in" out the purposes of this Act. 1& Acc"unts 3 4.5 6he accounts of the fund shall be maintained in such manner and form as ma% be prescribed. ..-11.Ibid. .0-12.Ibid. .8-1&.Ibid., for the EcommaG. .C-1'.6he words Eor CouncilG deleted ibid. .?-1(.Substituted ibid., for the word ECouncilG.

405 An annual statement of the accounts shall be prepared b% the De&elopment 1)-1). Authorit% or -6ehsil ;unicipal Administration1 after the close of e&er% financial %ear and shall be transmitted to the Director-General b% such date as ma% be prescribed. 1' Audit 3 6he accounts of the fund shall be audited b% such Audit A"enc% as ma% be prescribed. 1( Su/cha/;0 3 A&er% member, official or ser&ant of a De&elopment Authorit% or a -6ehsil ;unicipal Administration1 and e&er% person char"ed with the administration of the fund or actin" on behalf of a De&elopment Authorit% or a 1+-1+.-6ehsil ;unicipal Administration1 under this Act shall for misappropriation or misapplication of an% mone% of the fund which is a direct conse uence of his ne"li"ence or misconduct, be liable to pa% such surchar"e as ma% be determined b% Go&ernment after "i&in" the person concerned a reasonable opportunit% of bein" heard and such amount shall be reco&erable b% the Director-General as arrears of land re&enue.
1*-1*.

1) B0tt0/10nt #00 3 4.5 2here the Go&ernment is of the opinion that in conse uence of the execution of an% scheme the &alue of an% propert% in&ol&ed in such scheme has increased or will increase, it ma% le&% upon such propert% a betterment fee and collect or cause to be collected the same from the owner thereof or an% person in possession thereof or ha&in" interest therein. 405 6he betterment fee shall be le&ied at such rate as ma% be determined b% the Go&ernment3 Pro&ided that such fee shall not be more than half of the amount b% which the &alue of the propert% on the completion of the execution of the scheme exceeds the &alue of the propert% prior to such execution. 485 2hen it appears to the Go&ernment that an% scheme is sufficientl% ad&anced to enable the determination of the betterment fee, the Go&ernment ma%, b% an order made in this behalf, declare, that for the purpose of le&%in" the betterment fee, the execution of the scheme shall be deemed to ha&e been completed and thereupon "i&e notice in writin" to the owner of the propert% or an% person in possession thereof or ha&in" interest therein that the Go&ernment proposes to determine the betterment fee in respect of such propert%. 4C5 6he Go&ernment shall at the expir% of fifteen da%s after the ser&ice of the notice under sub-section 485 or if an% representation is recei&ed b% the Go&ernment a"ainst the determination of betterment fee, after decision on such representation proceed .@-1).Substituted for the word ECouncilG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05,
which will remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

.F-1*.Ibid. .D-1+.Ibid.

to le&% and collect or cause to be collected betterment fee in such manner and in accordance with such procedure as ma% be prescribed. 1* D020;ati"n "# 5"80/s 3 4.5 6he Go&ernment ma% dele"ate an% of its powers under this Act to the Director-General. 405 6he Director-General ma%, with the pre&ious appro&al of the Go&ernment and sub7ect to such conditions as it ma% impose, dele"ate to an% person, a"enc% or authorit% an% of his powers, duties or functions under this Act, not bein" the powers dele"ated to him under subsection 4.5. 1+ C"11itt00s 3 6he Director-General ma% constitute financial, technical or ad&isor% committees with such constitution and functions as the Go&ernment ma% specif%. 19 P"80/ "# 7">0/n10nt t" ;i>0 Di/0cti"ns 3 4.5 Go&ernment ma%, from time to time, "i&e such directions as it considers necessar% for the "uidance and compliance b% the Director-General. 405 6he Go&ernment ma% re uire the Director-General, the De&elopment Authorit% or the 19-19.-6ehsil ;unicipal Administration1 to furnish to it an% document, return, statement or an% other information re"ardin" an% matter under this Act, and the Director-General, the De&elopment Authorit% or the 2,-2,.-6ehsil ;unicipal Administration1 shall compl% with such re uirements. 2, %##0nc0s and th0i/ C";ni?anc0 3 4.5 2hoe&er obstructs or causes to obstruct an% person in the dischar"e of his duties or execution of an% scheme or wor+ under this Act or contra&enes, attempts to contra&ene or abets the contra&ention of the order or direction "i&en under this Act or rules in connection with the execution of such scheme or wor+ shall be punished with imprisonment for a term which ma% extend to one %ear or with fine which ma% extend to twent% thousand rupees or with both. 405 Bo court shall ta+e co"ni(ance of an% offence under this Act except on a complaint in writin" made b% the Go&ernment, the Director-General or b% a person dul% authorised b% it or him in this behalf. 485 Bo court, inferior to that of a ;a"istrate of the $irst Class shall be competent to ta+e co"ni(ance of an offence under this Act. 21 !a2idati"n 3 All appointments or re"ulations made, notifications, orders, instructions or notices issued, Katchi Abadis declared, schemes prepared, or caused to be ./-19.Substituted for the word ECouncilG, b% the Pun7ab Katchi Abadis 4Amendment5 #rdinance, 0==0 4I* of 0==05,
which will remain in force under the Pro&isional Constitution 4Amendment5 #rder ./// 4/ of .///5, Article C, notwithstandin" the maximum limit of three months prescribed under Article .0D of the Constitution of the Islamic ,epublic of Pa+istan.

0=-2,.Ibid.

prepared, sur&e%s conducted or caused to be conducted, contracts entered into, ri"hts ac uired or "ranted, claims made, proceedin"s or actions ta+en before the commencement of this Act b% the Go&ernment or an% officer or authorit% in exercise of powers deri&ed from the Go&ernment with re"ard to re"ularisation or de&elopment of Katchi Abadis shall be deemed to ha&e been respecti&el% made, issued, declared, prepared or caused to be prepared, conducted, caused to be conducted, entered into, ac uired, "ranted, made, or ta+en under this Act. 22 P"80/ t" 1a@0 Au20s 3 6he Go&ernment ma% ma+e rules for carr%in" out the purposes of this Act. 2& A01">a2 "# di##icu2ti0s 3 If an% difficult% arises in "i&in" effect to an% of the pro&isions of this Act, the Go&ernment ma% ma+e such orders as ma% appear necessar% or expedient for the purpose of remo&al of the difficult%.

Cop%ri"ht K 0==? Pa+istan Go&ernment C"11"n:IIB Cop%ri"ht Polic% C Disclaimers C Pri&ac% Polic% C $eedbac+ ',!3 http://www.commonlii.org/pk/legis/pj/consol_act/pkaa1992155