Professional Documents
Culture Documents
CONTENTS
PREAMBLE
SECTIONS
CHAPTER-I
PRELIMINARY
CHAPTER-II
3
[KHYBER PAKHTUNKHWA]
HOUSING AUTHORITY
1
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
2
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
3
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
4
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
CHAPTER-IV
GOVERNMENT SERVANTS
HOUSINGSCHEME
CHAPTER-V
PREPARATION AND EXEUCTION
OF SCHEMES
CHAPTER-VI
GENERAL
CHAPTER IX
MISCELLANEOUS
[First published after having received the assent of the Governor of the
7
[Khyber Pakhtunkhwa] in the Gazette of the 8[Khyber Pakhtunkhwa]
(Extraordinary), dated the 3rd August, 2005].
AN
ACT
to provide for the establishment of a Housing Authority
in the 9[Khyber Pakhtunkhwa].
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.---(1) This Act may be called the
10
[Khyber Pakhtunkhwa] Housing Authority Act, 2005.
11
(2) It extends to the whole of the [Province of the Khyber
Pakhtunkhwa].
5
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
6
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
7
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
8
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
9
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
10
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
11
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
12
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
(b) “Director General” means the Director General of the
Authority;
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(c) “Government” means the Government of [Khyber
Pakhtunkhwa];
(e) “land” includes earth, water and air, above, below or on the
surface and any improvement in the structure customarily
regarded as land and benefits arising out of land and things
attached to earth or permanently fastened to earth;
13
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
CHAPTER-II
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[KHYBER PAKHTUNKHWA]
HOUSING AUTHORITY
(5) A member, other than an ex-officio member, shall hold office for a
term of three years.
4. Powers and functions of the Authority. (1) Subject to the provisions of this
Act and any rules made thereunder, the Authority may exercise such powers and take
such measures as may be necessary for carrying out the purposes of this Act.
(iii) identify state and other lands for developing low income and
low cost housing schemes;
(xv) formulate provincial land use policy, plan and prepare regional
development plans (Inter District Spatial Planning-Master
Plans) for an integrated, coordinated and systematic planning
to ensure orderly growth and development of physical
infrastructure such as highways, railways, industrial zones,
19
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
20
Inserted vide Khyber Pakhtunkhwa Act No. XVI of 2014
conservation of forest reserves and provision of electricity,
telephone, sui gas, etc;
5. Meetings.---(1) The Authority shall meet at such place and at such time and
shall observe such rules of procedure with regard to transaction of business in its
meetings as may be prescribed.
(2) The Chairman shall preside over the meetings of the Authority and in
his absence any other member of the Authority, elected by the members present,
shall preside over the meeting.
CHAPTER-III
DIRECTOR GENERAL AND COMMITTEES
CHAPTER-IV
GOVERNMENT SERVANTS HOUSING SCHEME
(3) The members appointed under clauses (h) and (i) of sub-section (2)
shall hold office for a period of three years.
(e) to authorize the PHA for spending from the fund established
under section 12 for housing schemes for Government
servants; and
23
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
12. Establishment of Funds.---(1) As soon as may be, after the commencement
of this Act, there shall be established, for the purpose of this Chapter, a fund,
hereinafter referred as the Fund, with the help and assistance of the PHA and
Government.
(3) The money credited to the Fund shall be kept in such custody as may
be prescribed.
24
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
(3) The Special Committee shall maintain separate account in respect of
each Government servant and be responsible to ensure that the amounts of
contributions paid by Government servant or deducted from his pay bills by the
Accountant General or the District Accounts Officer, as the case may be, have been
received and accounted for in the books of the Committee.
Provided that in case the number of residential units exceeds the above
requirement, the same may be disposed of in favour of other Government servants in
the manner as may be prescribed.
(3) Price of each residential unit or each category of residential units shall
be determined by the Special Committee.
(5) Possession of a residential unit shall not be delivered unless the price
of the unit is paid in full.
(6) A Government servant shall not alienate the allocated residential unit
for a prescribed period.
CHAPTER-V
PREPARATION AND EXEUCTION
OF SCHEMES
(3) The Authority shall publish the sanctioning of any scheme in the
official Gazette and shall forthwith proceed to execute the scheme in collaboration
with the Government Agency concerned.
17. Modification of schemes.---Any scheme prepared under this Act may at any
time, be amended or modified by the Authority in consultation with Government
Agency concerned in the same manner as may be prescribed for the preparation of a
scheme.
(ii) to take over and maintain any of the works and services in that
area; and
CHAPTER-VI
GENERAL
CHAPTER-VII
FINANCE, ACCOUNTS AND AUDIT
(iii) all fees, rates and charges received by the Authority under this
Act;
(4) The Authority may keep in current account of any scheduled bank
such sum as may be prescribed and any amount in excess of the said amount shall be
invested in Government securities, Government sponsored saving schemes or in such
manner as may be determined by the Authority.
24. Rates and fees.---(1) With the previous consent of Government, adequate
funds may be raised by the Authority from time to time, to meet the cost of its
schemes by imposing rates, fees and other charges.
(2) The rates, fees and other charges shall be such as to provide sufficient
revenues-
26. Budget.---The Authority shall prepare every year, in such form and at such
time as may be prescribed, a budget in respect of the financial year next ensuing
showing the estimated receipt and expenditure of the Authority and shall submit the
same to Government for approval. If Government does not approve or modify the
budget within thirty days of its receipt, the budget as prepared by the Authority shall
be deemed to be the approved budget.
CHAPTER-VIII
PENALTY AND PROCEDURE
(2) The Authority on its own motion, or an officer or any other person
generally or specially authorized by the authority on his own motion, or on the
complaint of any affected citizen, may institute any suit or initiate prosecution or any
other legal action against a person committing an offence under this Act.
30. Offences.---All the offences specified in Fourth Schedule to the 25[Khyber
Pakhtunkhwa] Local Government Ordinance, 2001 (26[Khyber Pakhtunkhwa] Ord.
No. XIV of 2001), shall also be deemed to be offences under this Act and shall be
punishable with the same punishment as provided therein.
(2) Notwithstanding anything contained in any other law for the time
being in force, an act (not provided specifically in this Act) in contravention of the
provisions of this Act and rules or regulations issued from time to time by
Government or the PHA, shall be punishable with imprisonment or fine or both as
may be deemed appropriate by the court of competent jurisdiction.
CHAPTER IX
MISCELLANEOUS
33. Annual report.---The Authority shall prepare for every year a report of its
activities during that year and submit the report to Government in such form and on
or before such date, as may be prescribed.
34. 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.
25
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
26
Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011
36. Summary ejectment of unauthorized occupant.---Any person authorized
by the Authority in this behalf 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:
Provided that no action under this section shall be taken without providing an
opportunity of being heard to the persons to be affected thereby.
37. 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, any person authorized by 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 use, in
accordance with the provisions of this Act.
39. Indemnity.---No suit, prosecution or any other legal proceedings shall lie
against the Authority, the Chairman, the Director General, any member, officer,
servant, expert or consultant of the Authority, in respect of anything done or intended
to be done in good faith under this Act.