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The NWFP Housing Authority (PHA) was created through an Act of 2005, for implementation of National Housing Policy (NHP) 2001. Section 33 of the Act requires that 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. The Act inter-alia describes the objectives, composition, functions and mandate of the Authority. It also contains the composition and functions of the Special Committee under the chairmanship of the Chief Secretary NWFP. The major objectives of the PHA as per its Act are “to establish a comprehensive system of town planning at different levels in the Province to ensure systematic growth of urban and rural areas and to achieve the objective of “Housing for All including housing for shelter less Government Servants”. The PHA started its functions in January, 2007. It has implemented ADP Schemes, conducted feasibility studies for two housing schemes at Mera Jalozai, District Nowshera and Moza Shiekhan, District Kohat. It has identified big chunks of private land as per NHP, but due to financial constraints it could not procure private land and, therefore, could not launch any housing scheme so far. It has made all out efforts to carry out its functions transparently and in accordance with the PHA Act, Rules and Regulations. The PHA under Section 9 of the Act has constituted different committees including a District Housing Committee under the Chairmanship of concerned DCO for identification of private land and further process for acquisition as per Laws / Rules. The PHA is headed by a Director General, who shall be a degree holder in Civil Engineering and shall be the Chief Executive of the Authority, vide Section 6 of the Act. The Annual Report covers the period from July, 2007 to June, 2009 and is submitted to Government. Any suggestions for improvement shall be duly acknowledged and considered.
PREFACE The NWFP Housing Authority (PHA) was created through an Act of 2005, for implementation of National Housing Policy (NHP) 2001. Section 33 of the Act requires that 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. The Act inter-alia describes the objectives, composition, functions and mandate of the Authority. It also contains the composition and functions of the Special Committee under the chairmanship of the Chief Secretary NWFP. The major objectives of the PHA as per its Act are “to establish a comprehensive system of town planning at different levels in the Province to ensure systematic growth of urban and rural areas and to achieve the objective of “Housing for All including housing for shelter less Government Servants”. The PHA started its functions in January, 2007. It has implemented ADP Schemes, conducted feasibility studies for two housing schemes at Mera Jalozai, District Nowshera and Moza Shiekhan, District Kohat. It has identified big chunks of private land as per NHP, but due to financial constraints it could not procure private land and, therefore, could not launch any housing scheme so far. It has made all out efforts to carry out its functions transparently and in accordance with the PHA Act, Rules and Regulations. The PHA under Section 9 of the Act has constituted different committees including a District Housing Committee under the Chairmanship of concerned DCO for identification of private land and further process for acquisition as per Laws / Rules. The PHA is headed by a Director General, who shall be a degree holder in Civil Engineering and shall be the Chief Executive of the Authority, vide Section 6 of the Act. The Annual Report covers the period from July, 2007 to June, 2009 and is submitted to Government. Any suggestions for improvement shall be duly acknowledged and considered. Dated: 30/06/2009 Director General Provincial Housing Authority CHAPTER-1 INTRODUCTION / BACKGROUND Since the adoption of Universal Declaration of Human Rights and its subsequent re-affirmation at the 1996, UN Habitat Conference, ―ADEQUATE SHELTER FOR ALL‖ has been recognized as a basic human need. All Governments were made to realize the provision of adequate housing for its citizens. The housing situation in Pakistan has continuously deteriorated for past many years and most of the policies announced were not implemented. The latest being that of 1992. A Housing Advisory Board (HAB) was constituted in ministry of housing and works in Islamabad to formulate a comprehensive, workable housing policy with a special emphasis on low cost housing by creating affordability for middle and low income groups. The national housing policy was presented to the President of Pakistan on June 22, 2001. The policy was approved by the cabinet on December 5, 2001 known as NHP-2001. President of Pakistan Recommendations Regarding NHP-2001 President of Pakistan in a meeting held on 15th April, 2004 issues the following recommendations. Provision of trunk infrastructure such as electricity, roads, water sewerage facilities gas and telephone connection. Resolution of issues relating to Land Acquisitions Act by the Provincial Government in consultation with the representatives of builders and developers. Reduction of transfer fee. Streamlining of the procedure to reduce to 90 days the period for issuance of NOC to builders and developers. 1 Annual Report Revision of rent control for creating a balance between owners and tenants. Prime Minister of Pakistan Guidelines for Implementation of the NHP 2001 The Prime Minister of Pakistan during a meeting held under in his chairmanship on 17/01/2004 approved the following guidelines. (a) Housing Schemes for Government employees will be launched in all the Districts of the Country immediately. For this purpose Provincial Govt. will provide 100 Acrs of State land in each District at affordable price. (b) Housing Scheme for government employees will be developed on public–private partnership basis. (c) Federal/Provincial/District Governments should facilitate and provide all necessary support to banks/developers. (d) Federal/Provincial Governments will ensure the provision of trunk infrastructures at project site. (e) Provincial Government should identify lands and rationalize the rates of registration fee, stamps duty and property tax etc. (f) Provincial governments will make necessary legislation, if required for transfer of state land at realistic/affordable rates for the government employees housing schemes. (g) Federal/Provincial governments will submit proposals regarding grant of proprietary rights to dwellers of Katchi Abadies located on the Federal Government land for consideration and decision. Due to population explosion the population of Pakistan increased from 84.2 million in 1981 to 130.58 million in 1998, showing overall increase of 55% approximately. The expected population by now is more than 160 million. (Based on average growth rate of 2.61 % per annum); 2 Annual Report According to 1998 census the NWFP has population of 17.73 million and there are about 2.21 million of housing units. There is a shortage of 7,50,000 housing units keeping in view 7.50 persons per house. If the population growth rate is taken in to consideration, then the present population has been raised to more than 21 million approximately and according to this census a total 130,000 units will be required annually, while annual construction rate is 90,000 units and thus 40,000 units is the backlog and roughly there is a shortage of more than 1.100 million units in the province. Keeping in view the implementation of the NHP 2001, in NWFP a full fledge Housing Department was required for execution of the works, as the erstwhile physical planning and Housing Department along with the management board i.e. Provincial Urban Development Board (PUDB) were devolved during the devolution process in 2001. To cater for the fundamental human needs of the Housing, the Government of NWFP has again established an independent housing Department in 2004 and raised Provincial Housing Authority under Housing Department vide PHA Act, published on 3rd August, 2005 for establishment of Housing Schemes in various Districts of NWFP for Provincial Government Servants and General Public according to NHP. The Government has established a fund as per PHA Act 2005 initially with a Grant-in-Aid of Rs.50.00 million. According to NHP–2001, PHA will emphasis to acquire Government land where it is available and which can cope with the requirement of a Housing Scheme. Further PHA will also acquire private land where suitable Government land is not available both for the retired Government Servants and General Public Housing Schemes. Both the schemes will be taken simultaneously by PHA after procurement of land. Schemes for Government Servants will be planned as per entitlement approved by the Government in NHP while for Scheme for General Public will be planned as per NHP–2001. 3 Annual Report Entitlement of Retired Government Servants Each member of the PHA shall be entitled to a built-up house of the type as indicated below, according to the category he belongs to:Category BPS – 1 to 7 BPS – 8 to 16 BPS – 17 & 18 BPS – 19 & above Type of House Type ‗D‘ Type ‗C‘ Type ‗B‘ Type ‗A‘ Size of House 5 Marlas 7 Marlas 10 Marlas 1 kanal Disposal of Residential Plots The PHA Regulations prescribes the mode of allotment of plots as follows: (a) 93% of Plots falling in the zone of above 05 Marlas and all constructed units excluding 3 to 5 Marla residential units, multi storey flats and apartments shall be processed through open auction by District Housing Committee. (b) Two percent of plots in the zone of five Marlas and above shall be reserved for allotment to PHA and Housing Department employees from BPS-1 to 22 including deputationists / contract employees who remained on regular Payroll and have rendered minimum two years service. The eligibility of the said employees for size of plot shall be according to categories as mentioned above. (c) Five per cent to serving Govt. Servants in BPS-17 & above as per entitlement of area of built up houses. (d) Final approval to the recommendation of the Committee only for auction of plots and flats as at (a) above shall be obtained from the Government through Director General, PHA. (e) Residential units, multi storey flats and apartments of 3 to 5 Marla shall be disposed off through ballot by the Committee; 4 Annual Report (f) Plots falling in the zone of upto 5 Marla shall be disposed of in the following manner:(i) 82% shall be allotted to the general public through ballot by the Committee. (ii) 5% shall be allotted to the Government servants in BPS-17 & above as well as such employees of autonomous/semi autonomous bodies through ballot by the Committee. (iii) 5% shall be allotted to the Government servants in BPS-1 to 16 as well as such employees of autonomous/semi autonomous bodies through ballot by the Committee. (iv) 3% shall be allotted, through ballot by the Committee, to the retired Government servants including the widows and dependents of deceased Government servants who died before retirement and did not own a plot in any PHA Housing Schemes. (v) 5% shall be allotted to the destitute through ballot by the Committee amongst the persons so recommended by the Secretary, Zakat and Social Welfare Department. The PHA in Phase–I of the program has selected six Districts viz Peshawar, Nowshera, Kohat, Bannu, Sawat and Hazara (out of Abbottabad, Manshera and Haripur one District will be selected on merit) for feasibility study and then launching of Housing Schemes for retired Government Servants and General Public. PC–II for Rs 43.71 Million has been approved for the feasibility study and detailed planning of the Housing Schemes in the above Six Districts while Three Districts i.e. Peshawar, Nowshera and Kohat have been taken into consideration as a first part of the program. 5 Annual Report 10,037 kanal land at Jalozai District Nowshera and 5,217 kanal land at Shiekhan District Kohat has been identified by the concerned District Housing Committee and feasibility study for these two areas have been completed and a report submitted to the Provincial Government for approval. In district Peshawar, however, suitable chunk of land has not yet been identified. The DOR Peshawar is in the process of identification of suitable land in the vicinity of the urban center of Peshawar. The same too, when identified will be notified under Section-IV of the Land Acquisition Act and handed over to the already hired consultants for feasibility study under a TOR duly approved by the DCSC in PC-II of the ADP Scheme. 6 CHAPTER-2 COMPOSITION & FUNCTIONS OF NWFP HOUSING AUTHORITY (PHA ACT, 2005) The Federal Government announced National Housing Policy 2001 with the main objectives of providing Housing for Retired/Retiring Government Servants and plots for the poor segments of population at affordable cost. To implement the NHP, besides other important functions, which is elaborately explained separately in the PHA Act 2005; the Government of NWFP created independent Housing Department during 2004–05. Subsequently the Government established a Body viz Provincial Housing Authority (PHA, the executing body) through an Ordinance in July, 2005 which was made as an Act on 3rd August, 2005. The PHA (Authority) is headed by Minister in charge as Chairman and the special committee is headed by the Chief Secretary, NWFP. The functions of the Provincial Housing Authority under Section–4 of the PHA mostly include the functions of the Local Authorities / PUDB in Chapter – III of the Urban Planning Ordinance 1978. Provincial Housing Authority (PHA) As per PHA Act, 2005, the Authority shall be a body corporate having perpetual succession & a common seal with powers. The Authority comprising the following: (1) (2) Minister for Housing Secretary to Govt: of NWFP Housing Department Chairman Member 7 Annual Report (3) Representative of Planning & Development Department (Not below the rank of Additional Secretary) Member (4) Representative of Finance Department (Not below the of Additional Secretary) Member (5) Representative of Local Govt, Election & Rural Development Department (Not below the rank of Additional Secretary) Member (6) (7) Member Board of Revenue Three Representatives of the builders/ construction Industry & Architect & Consultants Member Member Member (8) (9) Mufti Ghulam Rehman Any two persons to be nominated by the Govt. from amongst the retired Engineers Member Member/Secretary (10) Director General PHA Powers and Functions of the Authority Apart from the others the following Mandate has been given to PHA according to PHA Act, 2005. (a) Facilitate provision of housing inputs, including land, finance, building materials though institutional and legal frame-work and develop indigenous and cost effective approaches; (b) Identify state and other lands for developing low income and low cost housing schemes for low income group of general public and Retired/Retiring Govt. Servants. 8 Annual Report (c) Facilitate construction of multi story flats (low cost housing) in collaboration with the district Governments and Tehsil and Town Municipal Administrations by arranging finance from the House Building Finance Corporation, Finance Institution and commercialized banks for developments; (d) provide cost wise affordable, housing schemes especially for the low income group and families out of the Revolving Fund: (e) facilitate public and private partnership or ventures in housing and development of recreational activities; (f) promote environment for friendly and standardized construction activities; (g) prepare guidelines, long term and short-term plans, for implementing the low cost housing schemes and programme in the North-West Frontier Province; (h) facilitate land availability through various innovative measures, develop a comprehensive land information system to cater for the planning and development requirement for a period of five to ten years; (i) mobilize resources and generate funds in order to provide finance for housing specially to the low income group; (j) develop packages in which prime state land occupied by kachi abadi shall be offered to the private developers for commercial use; provided they arrange finance up gradation or relocation of kachi abadi; (k) suggest measures to check growth of slums and kachi abadi formulate resettlement and relocation plans; (l) plan a comprehensive programme or the development of satellite, intermediate, secondary and industrial towns to reduce migration and drift to big settlements; 9 Annual Report For detail function of the authority please refer to the PHA Act, 2005 Serial No. 4 Chapter–II Section–2 (Annexure-I). Special Committee A Special Committee has been constituted under the chairmanship of Chief Secretary NWFP under Section 10 of the Act to look after and decide the matters relating to Govt Servant Housing Schemes, which shall consist of the following. (a) (b) (c) (d) (e) (f) (g) (h) Chief Secretary, NWFP Additional Chief Secretary NWFP Senior Member Board of Revenue Secretary Finance Department Secretary Establishment Department Secretary Administration Department Secretary Housing Department Three civil servants (One representing each of the Employees in BS-1 to 16, BS-17&18 and BS-19 and above to be nominated by the Government) (i) Three other persons as may be appointed by Govt for a specified periods (j) Director General, PHA Members Member/Secretary Members Chairman Member Member Member Member Member Member The members appointed under clause (h) and (i) of sub–section shall hold office for a period of three years. 10 Annual Report Decisions shall be taken by the Special Committee by simple majority and in case of equality of votes; the chairman shall have a second or casting vote. Functions of the Special Committee The Special Committee has to perform the following functions assigned to it under Section 11 of the PHA Act: (a) To identify and recommend the steps for the establishment of a fund in the manner hereinafter provided, for carrying out the purpose, including incurring of expenditure and investment of money. (b) To arrange, purchase and acquire land, wherever necessary, within the Province. (c) To exercise control over the housing scheme for Government servants in the manner as may be prescribed. (d) To adopt such measures and mechanism / procedure for allotment of the houses to Government servants in the prescribed manner. (e) To authorize the PHA for spending from the fund established under section 12 for housing schemes for Government servants ; and (f) To do such other acts as are ancillary and incidental to the above functions. 11 CHAPTER-3 POLICY – VISION – STRATEGY / ACTION PLAN Approval of Policy The Policy formulation, vision and future strategy of PHA to implement the schemes and achieve the objectives of goals as approved by the Authority in its meeting held on 8th October, 2008 are broadly reproduced below. 1) General Public: To introduce a system to provide residential plots to poor segment of population at affordable rates. 2) Government Servant: To introduce a programme in each district Headquarter that to each Govt. Servant on his retirement or in case of death, to his family a residential house will be provided on the basis of self finance on subsidized cost. Vision 1) General Public: 03-05 Marla plots will be allotted through ballot to those poor segment of the general public whose certified monthly income is less than Rs. 5000/(Certification will be made by the concern DCO). 07 Marla, 10 Marla and 1 Kanal plots will be allotted to General Public through open auction. 2) Government Servants: NWFP Housing Department/PHA will provide built up houses to the government servants from BPS-1 to BPS-22 on retirement or in case of death to his family as per PHA Regulations. 12 Strategy / Action Plan 1) Short Term Development of schemes at Hayatabad, Dera Ismail Khan. Consultants for site selection at Six Selected Districts of NWFP that is Peshawar, Nowshera, Kohat, Swat Bannu and Hazara ( out of Abbottabad, Mansehra and Haripure one district will be selected on merit ). Enhancing of in house capacity of PHA. Identifying areas for land bank creation. Establishment of Project Management Unit (PMU) in PHA / Housing Department. 2) Medium Term Implementation of the PMU and its out put. Procurement of land. Development of schemes on selected sites. Partnership with private developers / land owners / financial institutions / donors. 3) Long Term Development of Schemes in various districts of the Province. Enhancement of Land Bank. Provision of recreational facilities. Land use planning. 13 CHAPTER-4 MEETINGS & DECISIONS Meetings of the Authority Since creation of the authority under PHA Act passed by the Provincial Assembly on 3rd August, 2005, two meetings of the Authority were held on 15/05/2006 and 08/10/2008. Major decisions taken in the said meetings are briefly reproduced below. First Meeting of the Authority First meeting of the authority was held under the Chairmanship of Chief Minister NWFP (Minister In charge Housing Department) on 15th of May, 2006. Item No 1. Agenda Item Grant for establishment of ―Fund‖ and ―Revolving Fund‖ for the NWFP Housing Authority. Decision Taken Rs. 100 Million were sanctioned and released as per following. a) Rs. 50 Million for ―Fund‖ under Section 12 of the PHA Act, 2005. b) Rs. 50 Million for ―Revolving Fund‖ under section 23 of the Act. These funds on release were deposited in the Shariah compliant / Islamic banking branch of Bank of Khyber Hayatabad Peshawar as per instructions of the Finance Department. 103 posts of different categories were sanctioned. Fifteen vehicles of different engine capacity were sanctioned. An office building occupied by the Agriculture Engineering Department FATA, at ATI Campus University Road Peshawar was ordered to be handed over to PHA. The appointment on contract basis of Mr. Fakhr-uz-Zaman Rtd. Additional Accountant General as Director Finance PHA and Mr. Muqarb Khan Rtd. Assistant of the works and Services Department as administrative 2. 3. 4. Staff for PHA Vehicle for PHA Office building for PHA 5. Arrangement of experienced staff for immediate management of PHA 14 Annual Report 6. Procurement of services of expert for Rules and Regulations of PHA. officer PHA was approved. The procurement of services of expert was approved for framing Rules and Regulations for the PHA. Honorarium equal to two months pay was also approved. Second Meeting of the Authority Second meeting of the Authority was held under the Chairmanship of Minster for Housing NWFP Item No 1. Agenda Item i. Feasibility study in launching of Housing Scheme at Jalozai District Nowshera. ii. Consultancy for construction of High Rise Flats at Phase–V Hayatabad. Decision Taken i. Progress on Jalozai Site shall be expedited when the feasibility is completed. The idea of public private partnership can be considered later on. ii. The consultancy for construction of High Rise Flats at Hayatabad shall be finalized within a week time. However, the case be expedited with CD&MD for provision of land at one site. iii. The site at Rakhzandani shall be developed on a fast track basis. Reservations reported & have been shown by the Agriculture Department must be countered, since this is the only sizeable chunk of state land as Housing development site and sizeable progress and expenditure has been made on this site. iv. Board of Revenue shall expedite the summary to the Chief Minister for allotment of 300 kanals land at Jarma Kohat. The PHA Rules have been approved by the Chief Minister NWFP through a summary and after detail discussion the Regulations were approved by the Authority under Section 42 of the Act and on the recommendation of the Special Committee of PHA. The Authority agreed that the applications will be invited from Provincial Civil iii.Housing Scheme for Government Servant and General Public at Rakhzandani D.I Khan. iv. Allotment of 300 kanals land at Jarma Kohat. 2. Approval of PHA Regulations 2008. 3. Invitation of membership Applications / Forms. 15 Annual Report 4. PHA Employees Medical Attendance Rules Approval of the PHA Budget Estimates 5. 6. 2% Quota of Plots for PHA Employees 7. Identification of Sites 8. Appointment of Director (Planning ) (BPS–19 ) 9. Delegation of Powers to Director General PHA. 10. 11. Hiring of Expert for preparing TORs for achieving the mandate Strategy Elaboration of the PHA existing mandate. Revolving Fund for acquisition of Land Servants who retired on or after 03/08/2005 and serving employees who will retire upto 30/06/2015. Non–refundable fee as per forms shall be charged as membership fee. The PHA Employees Medical Attendance Rules were approved by the Authority on exactly the same pattern as that of CD&MD. The PHA Revised Budget Estimates for the year 2006–07 & 2007–08 and Budget Estimates for 2008–09 were approved by the Authority as recommended by the sub committee. The Authority approved 2% Quota of plots of 5 Marlas and above for allotment to the employees of PHA / Housing Department and deputationists as per categories in Regulation No. 34. The Authority approved that the PHA will assign suitable sites besides already identified by District Housing Committees, to the consultants for carrying out feasibility study. The Authority approved that Housing Department shall recruit people from the market on contract according to the approved guidelines and procedure of the Provincial Government. The Authority approved that like the Chief Executive of similar organizations, all finical powers for incurring expenditure shall be delegated to DG PHA as in case of Category–I officer of the Government subject to availability of budget and observing all codal formalities. This shall exclude the power of approval of developmental schemes and re– appropriation of funds, with in the ADP schemes financed by the Government The Authority did not agree with the proposal of PHA for hiring of expert under Section 8 and 23 of the PHA Act, 2005 The Authority approved the enhancement of Revolving Fund for the acquisition of land and it was decided to move a summary to the Chief Minister for obtaining approval of the Provincial Government. 16 Annual Report Meetings of the Special Committee Two meetings of the Special Committee of PHA were held under the chairmanship of Chief Secretary NWFP on 18th October 2006 & 28th February 2008. First Meeting The first meeting of the Authority was held on 18th October 2006 under the chairmanship of the Chief Secretary NWFP. Following Decisions were taken in the meeting. Item No 1. Agenda Item Fund and revolving Fund for the NWFP Housing Authority. Provision of Building for PHA Decision Taken The Finance Department was Directed to release the balance amount of Rs.50 million in December 2006 / January 2007. Repair work etc may be started by PBMC as soon as possible. Other items etc may be arranged from ADP scheme No 616/40419 ―Infra Structure Development for PHA‖. A committee comprising Secretary Establishment as chairman was constituted with the directive to submit its recommendations with in one month. Member ship forms were not approved for want of Rules & Regulations as well as acquisition of land .It was directed that estimates of land and construction works should be prepared with a view to enable the Special committee/Govt; to assess the funds required and allocation of resources. As decided against item No. 4 above. 2. 3. Rules & Regulations for PHA. 4. Approval of member ship form for Govt. servants. 5. 6. Approval of rates of installments of Government servants. Formation of Sub committees in PHA. 7. Procurement of services of expert for Rules and Regulations of PHA. Against the Six proposed sub committees, the Special committee decided to reduce the number of committee to four by eliminating i. Housing allocation committee. ii. Works committee. The procurement of services of expert was approved for farming Rules & Regulations for the PHA. Honorarium equal to two months pay was also approved. It was also decided that houses when 17 Annual Report constructed shall be allocated to retiring / retired Govt servants who were member of the PHA as per Rules. The PHA should adopt ways and means to perform its functions without putting financial burden on Govt and provide houses and plots on low costs. The Housing Schemes should be started in suitable Districts but first in Peshawar. 8, 9,10 Advertisement of Housing Schemes. ii. Identification of land. iii. Establishment of land Bank. i. Regarding item No. 8 it was directed to obtain a report on land for proposed Phase–8 of Hayatabad from CD&MD and DOR Peshawar. The Housing Department was directed to work on the following points and prepare a report. In the first phase representative districts may be selected i.e. Peshawar one District of Hazara (Abbottabad, Manshera & Haripur) Swat, Kohat, Bannu and Nowshera. The chairman directed that in the proposed districts three suitable sites may be selected. The land for Housing schemes for Govt Servants and General Public should comprise of 2000 kanals and maximum 8000 kanals. In selection of land basic facilities and future extension may be kept in view, besides other TORs. Estimated expenditure on the construction of Houses including land for Govt Servants according to the No of Govt Servants (Members) to enable the committee to assess the expected expenditure and find out ways and means for its financing. For the performance of different functions, Financial and Administrative powers equivalent to their counterparts in the Provincial Government were approved for officers of the PHA. 11. Delegation of Financial and Administrative powers to officers of PHA. Second Meeting Second meeting of the Special Committee was held on 28/02/2008 under the chairmanship of Chief Secretary NWFP. Following decisions were taken in the meeting. 18 Annual Report Item No 01 Agenda Item Confirmation of the minutes of the meeting of the Special Committee 1st meeting held on 18/10/2006. Reduction of rate of stamp duty, Registration fee for the purchase of land for PHA sponsored schemes. Up-dation of Building bye laws. Confirmed Decision Taken 02 A summary has to be moved to the provincial government for the reduction of stamp duty ,registration fee etc; A committee under the chairmanship of Secretary Local Government was constituted which comprised members as Director General CD&MD, Director General PHA, Chief Engineer Works & Services, Director General BCA-CD&MD and Engineer from the concerned District Government. To review the existing Bye Laws and submit report along with their Recommendation by 20/03/2008. A committee under the chairmanship of Additional Chief Secretary NWFP was constituted comprising members as SMBR, Secretary Housing, Secretary Local Government, Secretary Finance, Director General CD&MD, Director General PHA, Chief Engineer Works & Services, Engineer Adam Khan (Retired Secretary C&W) and member of the nominated consultant from for any explanation if required. The Committee was given the task to decide the matter with a week time. Secretary to Government of NWFP Home & Tribal Affairs, Political Agent Khyber Agency, Director General CD & MD were asked to submit the report within a month regarding resolution of the dispute over the piece of 400 kanals land between Government & Koki Khel Tribe allocated to PHA. Board of Revenue & CD & MD were asked to carry out survey and submit a detail report of the land in the Shamshatoo Area Peshawar with in a week time and carry out survey of land around Northern By Pass, Ring Road up G.T Road via Inqilab Road with in 10-15 kilometer of Peshawar Municipality and submit report immediately. Highly subsidized or free of cost land will be provided for the Retired Government Servant 03 04 Appointment of consultant for the identification and selection of land for the Housing Schemes in six districts of NWFP as per Decision of the Special committee 1st meeting held on 18/10/2006. 05 400 kanals disputed land at Regi Lalma town ship. 06 07 Identification and assessment of cost of land in the Shamshatoo Area Peshawar and land around Northern By Pass ,Ring Road up GT Road via Inqilab Road with in 1015 kilometer of Peshawar Municipality. Provision of free of cost land for the retired government 19 Annual Report servant Housing Schemes. 08 09 Member ship form for the Retired Government Servants. Housing Scheme. Member ship form was approved with the amendments that both Husband and Wife shall be made eligible for the allotment of independent house on their retirement. In this connection clarification may also be asked from the DHA and Federal PHA. The word Government sponsored scheme in Application Forms shall be replaced by PHA sponsored scheme to avoid complications later on... The proposed monthly installments and application fee was approved. The Proposal was approved. The proposal was approved as per procedure and practice invouge in the other Departments. Approval was granted regarding feasibility study over 2057 kanals land at Rakhzandani D.I.Khan. Approval was granted regarding construction & Procedure of the High Rise Flats at Phase V Hayatabad for the Retired Government Servants. A committee was constituted under the chairman ship of Secretary Finance with members as Secretary Local Government, Secretary P&D, Secretary Housing, Director General PHA, Director General CD&MD and members of the Bank of Khyber to find out ways and means for financing of the scheme. Establishment Department shall provide a list of all those employees who stood retired on or after 3rd August 2005 including APUG Officer employees who posses the NWFP domicile and served for 05 years or more for the affairs of the Province and those who posses the other Provinces domicile and served for the affairs of NWFP for 08 years or more. The list was required to be submitted with in a week time. BOR was directed to hand the piece of 300 kanals state land available at Jarma Kohat. 10 11 12 Monthly installments and application fee. Down payment for the allotment of house. TA/DA for the nonGovernment members participating in the meeting of PHA. Feasibility study over 2057 kanals land at Rakhzandani D.I.Khan. High Rise Flats at Phase V Hayat Abad for the Retired Government Servants. 13 14 15 List of retired Government Servants. 16 300 kanals land at Jarma Kohat. 20 CHAPTER-5 ACTIVITIES / ACHIEVEMENT After adoption of NHP-2001, the Government of NWFP created the Housing Department in 2004 and Provincial Housing Authority its executional arm on 3rd August, 2005 through an Act passed by the Provincial Assembly. Apart from the other mandate mentioned in the PHA Act, 2005, the main objective of the Housing Department / PHA has to provide Houses to the retired Government servants and plots to the poor segment of the population at affordable cost. The Director General PHA was appointed in January, 2006 followed by re-employment of two experienced Government officers viz Mr. Fakhr-uz-Zaman Additional Accountant General NWFP (Rtd.) as Director Finance in September 2006 and Mr. Muqarab Khan Retired Assistant W&S Department as Administrative Officer in July 2006 with the approval of the Competent Authority. The PHA stared its activities with in the office premises of the Housing Department by provision of a single room. Later one Deputy Director (Technical), one Assistant Director (Accounts), one Steno Typist, one Senior Clerk, one Junior Clerk, one Internal Audit Officer and one LAC were posted on Deputation from W&S Department, Local Government Department, BOR and Pakistan Audit Department respectively. After shifting to the new building situated in ATI Campus Peshawar other staff comprised Director, Dy. Director & Assistant Director (Planning), Director (HQ) etc; were also posted on deputation from Local Government Department from time to time, as per staff details given in Chapter 8. Since the establishment of PHA, two meetings of the Authority and two meetings of the Special Committee were held. Keeping in view the decisions arrived in those meetings, PHA made the following achievements. 21 Annual Report 1) Rules and Regulations for Provincial Housing Authority The Rules and Regulations for Provincial Housing Authority as per PHA Act, 2005 were framed with the help of experts and were scrutinized by a committee headed by the Special Secretary (Regulations) Establishment Department. Rules were approved by the Chief Minister NWFP through a summary in July, 2007 while Regulations were approved by the Authority in its 2nd meeting held on 8th October, 2008 the recommendations of the Special Committee. 2) Appointment of consultants for Identification and selection of sites for launching of Housing Schemes for Government servants and General public in six districts of NWFP. The Special Committee in its meeting held on 18th October 2006 directed the appointment of consultants for the identification and selection of private land in six districts of the province viz Peshawar, Nowshera, Kohat, Bannu, Swat, and Hazara (out of Abbott Abad, Mansehra and Haripur one district will be selected on merit). The process for hiring of consultant was started and TORs for the work was published in the press on 17th November, 2006 (copy of the same is annexed in report). After going through the process of approval of PC-II for the consultancy through DDWP & DCSC, M/S Umar Munshi and Associates Karachi was selected as consultant for the work for their highest weight-age on 10th March, 2007 at a total cost of Rs.3.059m. Being unique nature of assignment in the Province, DCSC was of the opinion that before issuance of the acceptance letter, the nominated firm should give a presentation to the DCSC regarding the methodology and procedure for the identification and selection of sites. After going through a long process of correspondence and meetings M/S Umar Munshi and Associates did not come up for a contract agreement for the work and hence the DCSC in its meeting held on 16th May, 2007, decided to terminate the consultancy process. The Committee further decided to re-invite the Financial Proposals from the remaining short listed firms. The process was restarted and M/S ACE Lahore, was nominated as consultant for the Job at total cost of Rs.28.00m on 7th August, 2007. As per PHA Act, 2005 the recommendations were submitted to the Special Committee on 13th August, 2007, for obtaining its concurrence and also for the arrangement of funds for the consultancy as well as for the acquisition of land of selected sites. The Special Committee in its 22 Annual Report second meeting, held on 28th February, 2008, constituted a sub committee under the chairmanship of Additional Chief Secretary NWFP. The sub committee was to examine the need of consultancy before identification of sites and as to whether it was required or otherwise. The sub committee in its meeting held on 5th March, 2008 decided to terminate the present process of consultancy and carry out the identification of sites through District Housing Committees headed by DCOs of the districts concerned. Technical aspects of the site consultants should be engaged to carry out feasibility and report on final selection of suitable sites. Fresh TORs were drafted in a meeting held in Housing Department on 12th March, 2008. The District Housing Committees under the chairmanship of DCOs were given the task to identify suitable chunk of land, minimum 200 kanals, in their respective districts. The District Housing Committees, accordingly identified 35 different sites in 08 districts of the province viz Peshawar, Nowshera, Kohat, Bannu, Swat, and Hazara (out of Abbott Abad, Mansehra and Haripuer one district will be selected on merit). PC-II for Rs.43.71(m) for the Feasibility study and Detail planning of Housing schemes for Government servants and General Public was approved on 6th August, 2008. The consultants were appointed for the work initially in three districts viz Peshawar, Nowshera and Kohat as a 1st part of the programme. Section-4 of the Land Acquisition Act, 1894 was issued by the concerned DORs for 10,037 kanals land at Mera Jalozai, District Nowshera and 5,217 kanals land at Moza Shiekhan, District Kohat. Feasibility study for 10,037 kanals land at Jalozai District Nowshera and 5,217 kanals land at Shiekhan District Kohat have been completed and the sites are declared feasible for the launching of Housing Schemes. PC-Is for the acquisition of land were prepared on the basis of rates provided by the concerned DOR and submitted to P&D Department for consideration and approval. Arrangement of funds is a bottleneck which is yet to be decided by the Govt. Suitable sites in District Peshawar, however, have not yet been identified; therefore, work order to consultants is yet to be issued. 23 Annual Report 3) Launching of Housing Scheme at Rakhzandani, D.I.Khan 2,057 Kanals land was earmarked in Rakhzandani D.I.Khan for the housing Schemes for Retired/Retiring govt. Servants/General Public. After approval of Special committee arrived in its second meeting held on 28/02/2008, the PC-II for the said scheme was prepared and approved for 3.010 million for the feasibility study and detail planning of the Housing Scheme for Government Servants and General Public on 16/04/2008.The work was awarded to JV of M/S EPAC & CIV Tech at a total cost of Rs 3.086 million. The process of consultancy was split up in two parts i.e. (i) Feasibility and (ii) Detailed Planning, Designing and PC-I etc. Feasibility study of the site was completed in October, 2008 while balance work stopped by the competent authority vide P&D department letter No. Chief/INF/P&D/411/10/2008/1972-76 dated 01/11/2008 payment of Rs 0.485 million for the Feasibility study made to the consultant. 4) Construction of High Rise Flats at Hayatabad for Retired Govt. Servants. 12.50 Kanals land in Phase-VI &11.68 Kanals land in Sector A-2/ Phase-V Hayatabad were earmarked for Construction of High Rise Flats for Retired/ Retiring Govt Servant of BPS-1-6 and BPS 17 & above respectively. M/S Anwar Ali and Associates Lahore was selected as consultant for the Planning /Designing and full time supervision of the work at a total cost of Rs 9.80 million. Before issuance of the work order the notification was withdrawn as per P&D Department letter No Chief/INF/P&D/411/09/2008/1285-89 dated 17/06/2008. Later on the above two sites were changed and one site measuring 28 kanals in sector A-I phase V Hayat Abad was allotted at a cost of Rs 22.549 million for ―Construction of High Rise Flats for the retired Government Servants of BPS 17 & above‖. The consultancy was re-advertised as per P&D Department letter No Chief/INF/P&D/411/09/2008/1873-74 dated 14/10/2008 and M/s Pervez Iqbal and Associates was selected as consultant for the work planning, designing and top supervision of the work. Preliminary planning has been approved by the Competent Authority while further work is in progress. 24 Annual Report 5) State Land at Moza Jerma, Kohat In the Special Committee meeting it was decided that 300 Kanals state land in Moza Jarma, Kohat shall be handed over to Housing Department/PHA for launching of Housing Scheme. The Housing Department has been pursuing the Revenue Department for transfer of the said land. The issue is still to be decided by the competent authority. 6) High Rise Flats at Nasapa Payan Charsadda Road Peshawar. Pakistan Housing Authority had a project of 216 flats at Nasapa Payan Charsadda Road Peshawar. This project was under taken by the Pakistan Housing Authority under the Prime Minister of Pakistan Programme ―HOUSES FOR ALL‖ during 1999 but the physical work was started during 2001.In 2005 these flats were sold in bulk at a cost of Rs 123.752 million to the Government of NWFP through an agreement executed between Pakistan Housing Authority and Provincial Government through PBMC, Administration Department. According to agreement the PHA (F) has to complete the work in all respect and hand over to the provincial government with out any lien, encumbrances, and 3rd party rights and in a peaceful manner. Provincial Government made the payment amounting to Rs 105.56 million according to the schedule of payment as decided in the agreement but PHA (F) miserably failed to complete the flats but were rather abandoned since long period. The matter was thoroughly deliberated at various fora and at last it was decided by the Government to takeover these flats on ―as it is basis‖ and complete the balance work with out further delay. In a meeting held on 9/03/2009 these flats were taken-over by the committee constituted for the purpose and Provincial Housing Authority was directed to complete the balance work. It is pertinent to mention here that the unspent balance of Rs 14.38 million has also been refunded by the PHA (F). PC-II for the engagement of consultant has been approved by the DDWP on 18/6/2009 for Rs 4.04 million and allocation of Rs 97.00 million is also made in the ADP Budget for the year 20092010. After selection of consultants PC-I for the balance work shall be prepared and hopefully work will be resumed within the first quarter of year 2009-2010 after observing of all codal formalities. 25 Annual Report 7) Construction of High Rise Apartments at the existing site of Civil Quarters, Kohat Road, Peshawar. A study was carried out by the Works and Services Department with the Assistance of Administration Department through Private consultants M/S ACE Lahore for Race Course Garden as well as for the civil Quarters for the re-planning and construction of quarters for the civil servants of NWFP working in various Departments in Peshawar. PHA had carried a preliminary survey of the area and prepared a report for the Housing Department in light of the decision arrived in a meeting held on 11/10/2008 under the chairmanship of Chief Minister NWFP. The Housing Department moved a summary to the Provincial Government for the engagement of consultant as well as for the arrangement of funds. The summary was approved by the Chief Minister with certain Direction s to carry out the detail feasibility of the area with consultation of the administration Department. As per directions contained in the summary Administration Department was approached regarding the previous study and it was replied that the same can be held from the W&S Department or from the consultants. How ever a copy of the same is provided by the consultant, which reveals that the previous study was carried out for the individual units of 3M, 5M, 7M & 10marlas as per detail given below. S. No 1 2 3 4 Size of Plot (Marlas) 3(Marlas) 5(Marlas) 7(Marlas) 10(Marlas) Total No. of Plots. 340 185 71 27 623 During the meeting held on 11th October, 2008 the Chief Minister NWFP has issued the directions that ―Feasibility of construction of High Rise Buildings in Civil Quarters Kohat road Peshawar may be processed and dealt with separately by the Housing Department NWFP‖. The Summary moved by the Housing Department was based on the preliminary report prepared by the PHA. The report was briefly highlighted as follows. (a) (b) Total area of the civil Quarters Area left for open spaces and roads etc 300 Kanals approx. 90 kanals 26 Annual Report (c) Balance area for the residential purpose Utilization of balance area is proposed as under. 210 Kanals (i) (ii) (iii) Area for the serving Government Servants Area for the Retired Government Servants Area for commercial zone 90 Kanals. 50 Kanals. 70 kanals. On receipt of approval PC-II for the engagement of consultant was prepared for Rs 10.680 million and approved by the DDWP in its meeting held on 18th June, 2009. The project is proposed to be carried out on self finance basis with no burden on the Provincial exchequer .Against the present accommodation of 424 quarters and 16 rooms Hostel, it is proposed that about 1304 flats for the serving servants of the Provincial Government, 540 flats for the retired Govt servants and a commercial zone consisting of 504 flats and 756 shops (to met out the expenditure) shall be constructed. The tentative cost of the project is worked out as Rs 6.08 billion. Further work shall be taken in hand after receipt of Funds. Summarized Statement of PC-II and PC-I for various work approved so far are as per Annexure-VIII. 27 CHAPTER-6 ANNUAL DEVELOPMENT PROGRAMME In Annual Development Programmes Schemes were included but the same could not be implemented due to different reasons, the major being capacity of PHA. The PHA tried its best to hire the services of experienced officers on deputation from other departments / organizations, but is could not succeed in this respect. The following ADP Schemes allocated during 2005-06 to 2008-10, were executed to the extent noted against each. ADP 2005-2006 ADP No 40419 Name of Scheme Infra structure Dev for PHA Estimated Allocation Remarks Cost 50.00m 0.0100m Due to non approval of the schemes allocation surrendered 5.00m 1.000m Due to non approval of the schemes allocation surrendered 5.00m 0.500m Due to non approval of the schemes allocation surrendered Due to non approval of the schemes allocation surrendered 50191 50192 50193 Feasibility study & launching of housing scheme for government servants in all districts of NWFP Feasibility study & launching of housing scheme for General Public in all districts of NWFP Feasibility study for launching of housing scheme for government servants & general public at Rakh Zandani DIK Total 3.00m 0.500m 2.010 m ADP 2006-2007 ADP No 616 / 40419 Name of Scheme Infra structure Dev for PHA Estimated Allocation Remarks Cost 2.673 m 1.655 m Rs 2.673 m Phase I expenditure approved incurred through 28 Annual Report 617 / 50191 618 / 50192 615 / 50193 Feasibility study & launching of housing scheme for government servants in all districts of NWFP Feasibility study & launching of housing scheme for General Public in all districts of NWFP Feasibility study for launching of housing scheme for government servants & general public at Rakh Zandani DIK Total 28.137 m 2.00 m PBMC on account of purchase of furniture etc; Balance funds was arranged through Re- appropriation. Due to non approval of the schemes allocation surrendered Due to non approval of the schemes allocation surrendered Due to non approval of schemes allocation was surrendered As above (combined scheme) 3.00 m 1.500m 1.00 m 5.655 m ADP 2007-2008 ADP No. 611 / 40419 Name of Scheme Infra structure Dev for PHA Estimated Allocation Remarks Cost 50.00m 3.00m Surplus Phase II & allocation III remained surrendered un approved 28.137m 3.00m Surplus approved allocation surrendered 612 / 50191 613 / 50192 614 / 50193 Feasibility study & launching of housing scheme for government servants in all districts of NWFP Feasibility study & launching of housing scheme for General Public in all districts of NWFP Feasibility study for launching of housing scheme for government servants & general public at Rakh Zandani DIK Total As above (Combined) scheme 3.00m 3.500m Surplus allocation surrendered Allocation was not released. 0.500m 10.00 m 29 Annual Report ADP 2008-2009 ADP No 467 / 40419 Name of Scheme Infra structure Dev for PHA Estimated Cost 66.961 m Allocation 1.00m Actual Exp: 1.00 Remarks 100% utilization of the released amount on account of purchase of equipments for the official use. 4.400 m utilized on account of planning & designing of HRF at Phase V Hayat Abad & carried out F/S for launching of Housing Scheme at Jalozai & Shiekhan. Balance amount surrendered 0.694m utilized on account of F/S for launching of housing scheme at Jalozai & Shiekhan.2.549 m reappropriated to ADP scheme No. 472/80058 and balance amount surrendered 468 / 50191 Feasibility study & launching of housing scheme for government servants in all districts of NWFP 32.655 m 7.00m 4.400 469 / 50192 Feasibility study & launching of housing scheme for General Public in all districts of NWFP 21.855m 4.250m 0.694 30 Annual Report 470 / 50193 Feasibility study for launching of housing scheme for government servants & general public at Rakhzandani D.I.Khan 3.010 m 0.5m 0.485 472 / 80058 Acquisition & purchase of land for launching of Housing schemes for government servants and general public in various districts of NWFP 1600m 20.00m 22.549 473 / 80059 Establishment of PMU in Housing Department. 1.00m - 0.485 m expenditure incurred on account of F/S while balance amount of Rs0.015 m surrender and further work also stopped by the Competent Authority. A sum of Rs 22.549 m (20+2.549) paid to PDA on account of purchase of 28 kanals land. PCI / Scheme for acquisition of land 10037 kanals at Jalozai District Nowshera &5217 kanals at Shiekhan District Kohat submitted for approval. Scheme was not approved hence allocation was not released & surrendered Total 33.750 31 CHAPTER-7 BUDGET AND FUNDS MANAGEMENT Section 26 of the PHA Act, 2005 requires that: “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.” Accordingly the PHA submitted the budget estimates and Revised Estimates for the years 2006-07, 2007-08 and 2008-09 to the Housing Department. The Housing Department constituted its own committee for scrutiny of the proposed budget estimates. The said estimates after scrutiny were submitted to the Budget & Finance Committee of PHA as per Appendix-III to the PHA Regulations. All the budgets of the above three financial years were approved ex-post facto by the Authority in its meeting held on 8th October, 2008. The copies of said estimates are annexed. The PHA, at present has limited receipts like profit on investment, bid documents fee and petty miscellaneous income. The PHA therefore, meets its operational expenditure from the Revolving Fund of Rs.50.00 million initially sanctioned as seed money by Govt. during 2006-07. 32 Annual Report Investment of Funds The Funds under Regulation No. 27 is required to invest its, surplus funds, with the approval of the PHA Budget and Finance Committee or any other competent forum, in Riba Free Certificates (RFC) in Islamic Banking System. The funds so invested in the Bank of Khyber (Islamic Banking System) Branch, Hayatabad, are shown in Annexure-VI. The working balance too, is required to be kept in the Current Account of the same branch of Bank of Khyber. Internal Audit On the directives of the Secretary, Govt. of NWFP, Housing Department, internal audit of the accounts and stocks of PHA upto 31st March, 2009, has been carried out. The report is under process of rectification and regularization of shortcomings as per rules. 33 CHAPTER-8 CAPACITY BUILDING OF PHA The PHA when established in August, 2005 was without staff. 103 No. posts in different grades, to provide a skeleton as per attached organogram, were sanctioned by the Authority on 15th May, 2006. The PHA through the Housing Department made all out efforts to procure experienced officers and staff from the sister organizations, but it could not succeed. The obvious reasons were that no special incentive could be given to the intending deputationists of other departments. Even office accommodation was also not available during the period from August, 2005 to June, 2007. So much so the deputationists as mentioned in the Statement-I, had to manage their repatriation within a period of one month to 12 months without giving tangible input but drawing salaries including Deputation Allowance, Pension Contributions, Share of C.P Fund and other service benefits. Statement-II would indicate the detail of deputationists who having being working hard for the present and are expected to complete initial sanctioned period of 03 years. Statement-III would show the vacant posts as on 30th June, 2009 is also attached. The PHA, therefore, ably dealt with its assignment and responded to all the correspondence, preparation of PC-Is & PC-IIs and implementation of the approved schemes with the meager staff of 07-09 officers in BPS-17 and above. The enhancement of in-house capacity by appointment of officer/staff against the vacant posts was in process but was suspended due to imposition of ban by the Govt. 34 Annual Report Statement–I Showing Details of Deputationists, Repatriated to Parent Department / Organization S. No 1. 2. 3. 4. 5. 6. 7. 8. Name Mr. Jan Ali Alam Zeb Johar Ejaz Shah Muhammad Iqbal Anwar Zeb Muhammad Farooq Yahya shah Mr.Shujaat Ali BPS in BPS Parent Post held in Date of in Depart PHA Joining PHA ment: 20 Director 20 14/07/2008 General 18 Director 18 22/08/2008 (HQ) 18 Dy:Director 18 15/08/2008 (Legal) 17 Dy:Director 18 03/01/2007 (Finance) 17 LAC 17 09/02/2007 17 17 17 LAC IAO Asstt: Director (Planning) Tehsildar Tehsildar 17 17 17 17/03/2007 01/02/2007 07/07/2007 Date of Leaving 11/06/2009 26/12/2008 30/05/2009 23/05/2009 10/03/2007 21/07/2007. 31/05/2007 28/07/2008 Period 11 months 4 months 9 months 2 years 5 months 1 month 4 months 3 months 1 year 9. Fazli Qadir 16 16 16 16 01/03/2008 07/03/2007 30/05/2008 05/07/2007 2 months 4 months 10. Abdul Qadeer 35 Annual Report Statement–II Showing Details of Deputationists as on 30/06/2009 S. No 1. 2. 3. 4. 5. 6. 7. 8. 9. Name Muhammad Nawaz Salah-ud-Din Muhammad Israr Saeed Ullah Jan Kazim Hussain shah Shamshad Khan Faisal Nazir Saeed Ahamd Muhammad Aamir Siddiqui B.P.S in Parent Department: 17 17 17 16 16 16 14 14 09 Post held in PHA Director (T) Director (Plg) LAC IAO Tehsildar A.A.O Supdt: (Admn) Senior Auditor Senior Clerk B.P.S in PHA 17 17 17 16 16 16 14 14 09 Date of Joining 01/12/2006 30/06/2007 24/07/2007 10/01/2009 20/10/2008 05/12/2007 05/12/2007 12/12/2007 04/01/2007 36 Annual Report Statement-III Showing Details of Vacant Posts as on 30th June, 2009 Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Name of Post Director General Director Finance Director Town Planning Director Housing Scheme Director (Hqrs) Architect Land Acquisition Collector Deputy Directors Dy. Director Legal. Assistant Directors Programmer Internal Audit Officer. Tehsildar Admn: Officer Supdt: Accountant Stenographer/ Computer Assistant Head Draftsmen Draftsman Assistants Jr. Scale Stenographer/ Computer Assistant Accounts clerk Sr. Clerks. Patwaries Junior Clerk Tracer. Drivers Record lifter Naib Qasid. Chowkidars and Sweeper. Total: BPS 20 19 19 19 19 18 18 18 18 17 17 17 16 16 16 16 15 14 11 11 12 9 9 5 7 5 5 2 2 2 Sanctioned No of Post 01 01 01 01 01 01 01 04 01 04 01 01 01 01 01 01 05 01 02 06 05 02 02 02 10 01 15 01 25 04 103 Filled in 0 01 01 0 0 0 01 02 0 0 0 01 01 0 0 01 0 0 01 02 0 0 1 01 08 01 10 0 16 04 52 Vacant 01 0 0 01 01 01 0 02 01 04 01 0 0 01 01 0 05 01 01 04 05 02 1 01 02 0 05 01 09 0 51 37 CHAPTER-9 IDENTIFICATION OF SITES FOR HOUSING SCHEMES The Secretary Housing Department NWFP constituted District Housing Committees under the chairmanship of District Coordination Officers concerned vide Notification dated 15/03/2008 (Annexure-III). The Committees were assigned the task of identification / selection of suitable sites etc of land for PHA Housing Scheme. For the purpose the scope of TOR was duly set out. The District Housing Committee in respect of selected districts of Peshawar, Kohat, Bannu, Nowshera, Swat and Hazara (one district to be selected out of Haripur, Abbottabad and Mansehra) convened its meeting and identified various sites in their respective districts (detail of sites attached). Late on the sites were also studied by Director General PHA in accordance with Town Planning criteria and consequently the site of Mouza Sheikhan in Kohat District and Mauza Jalozai in Nowshera District were considered suitable for PHA Housing Scheme. As such on the directive of DG PHA, the area / land was notified under Section-IV of the Land Acquisition Act, 1894. A part from the above the land of Swabi Maira in Swabi District and Sohawa Margallah in Haripur District; was also inspected by PHA team and is under consideration & study for a Land Bank, at appropriate time. 38 CHAPTER-10 PROBLEMS AND BOTTLENECKS (1) Unlike Govt. of Punjab there is no suitable state land in the NWFP for launching PHA Housing Scheme for Govt. Servants & General Public. Alternatively the PHA is in search of big chunks of suitable private land which is a costly option. A number of proposals & Estimates for acquisition of land were considered but the Provincial Govt. could not afford to provide funds for compensation of land. (2) The Prime Minister of Pakistan through Ministry of Housing & Works has established a Housing Advisory Board (HAB) of which the Secretary Housing Department NWFP & Director General PHA are also members. A number of meetings of the HAB were held but no tangible progress or support has been given to NWFP. (3) The PHA has a heavy mandate interalia contained in the Section 4(2) of the PHA Act, 2005 which encircles the whole of the province. The PHA in its organizational structure does not have any field offices at District level to facilitate implementation of the mandate & to achieve the targets. During July, 2007 the Local Area Authorities of Local Govt. Election & Rural Development Department were transferred to Housing Department/PHA. The notification thereof was issued. The said notification was ordered to be withdrawn after a week of its issue. The implementation of the functions of PHA in letter and spirit is therefore remotely possible. 39 Annual Report (4) The Housing Department/PHA since its creation were making strenuous efforts to procure the skilled staff either on deputation or through initial recruitment. But it could not succeed to arrange the requisite staff against the sanctioned posts of BPS-16 & above. Without offering incentive such special allowance like FATA Development Authority or Civil Secretariat, the procurement of skilled staff would remain an obstacle in the implementation of PHA mandate as per Act. (5) The structure of Governing body ―Authority‖ on the one hand is weaker than the structure of Special Committee besides the heavy volume of both the bodies. An amendment in the PHA Act needs consideration to reduce the number of membership in both the bodies & also to shift the membership of Administrative Secretaries to the ―Authority‖ presently included in the Special Committee. 40 Annexure – I EXTRAORDINARY GOVERNMENT REGISTERED NO: P.Ill GAZETTE North-West Frontier Province Published by Authority PESHAWAR, WEDNESDAY 3rd AUGUST, 2005 PROVINCIAL ASSEMBLY SECRETARIAT THE NORTH-WEST FRONTIER PROVINCE. Dated 3rd August, 2005. No. PA/NWFP/Legis:I/2005/21330-35. — The North-West Frontier Province Housing Authority Bill, 2005 having been passed by the Provincial Assembly of North-West Frontier Province on the 13.07.2005 and assented to by the Governor of the North-West Frontier Province on 28.07.2005 is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province. THE NORTH-WEST FRONTIER PROVINCE HOUSING AUTHORITY ACT, 2005. (N.-W.F.P. ACT NO. XI OF 2005.) (First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of the N.-W.F.P. (Extraordinary), dated the 3rd August, 2005). AN ACT to provide for the establishment of a Housing Authority in the North-West Frontier Province. Preamble:- WHEREAS it is expedient to establish a comprehensive system of town planning at different levels in the province to ensure systematic integrated growth of urban and rural areas and to achieve the object of "Housing for All" including housing for shelter-less Government servants and to that end to create an Authority for proper achievement of the objects aforesaid; It is hereby enacted as follows:- NOTIFICATION Annexure - I CHAPTER-I PRELIMINARY 1. Short title, extent and commencement. —(1) This Act may be called the North-West Frontier Province Housing Authority Act, 2005. (2) (3) 2. It extends to the whole of the North-West Frontier Province. It shall come into force at once. Definitions.—In this Act, unless the subject or context otherwise requires,(a) "Authority" means the North-West Frontier Province Housing Authority established under section 3 of this Act to be also known as "PHA"; "Director General" means the Director General of the Authority; "Government" means the Government of the North-West Frontier Province; (d) "Government Agency" includes(i) a division, department, bureau, section, commission, board, office or unit of Government; and District Government, Tehsil and Town Municipal Administration, a Development Authority or any other body, company or corporation (whether autonomous or semiautonomous) owned or controlled by Government; (b) (c) (ii) (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; "member" means a member of the Authority and includes its Chairman; "person" includes an -individual, company, firm, cooperative society or association of individuals whether incorporated or not; "prescribed" means prescribed by rules or regulations made or framed under this Act; "regulations" means the regulations made under this Act; "Revolving Fund" means the fund established under section 23 of this Act; and (I) (g) (h) (i) (j) Annexure – I (k) "rules" means the rules made under this Act. CHAPTER-II NORTH-WEST FRONTIER PROVINCE HOUSING AUTHORITY 3. Establishment of the North-West Frontier Province Housing Authority.— (1) As soon as may be, after the commencement of this Act, Government shall establish an Authority to be called the North-West Frontier Province Housing Authority for carrying out the purposes of this Act. (2) The Authority shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and hold property, both movable and immovable and may, by the said name, sue and be sued. (3) The Authority shall consist of(i) Minister for Housing, North-West Frontier Province; Secretary to Government of North-West Frontier Province, Housing Department; a representative of Planning and Development Department not below the rank of an Additional Secretary; a representative of Finance Department not below the rank of an Additional Secretary; a representative of Local Government Election and Rural Development Department not below the rank of an Additional Secretary; Member Board of Revenue; Chairman. (ii) Member. (iii) Member. (iv) Member. (v) Member. (vi) Member. Member. (vii) three representatives of the Builders/Construction Industry and Architects and Consultants; (viii) any two persons to be nominated by Government from amongst the retired Engineers; and (ix) Director General of the Authority; Member. Member/ Secretary. (4) Government may, by notification in the Official Gazette, alter, increase or decrease the membership of the Authority. (5) A member, other than an ex-officio member, shall hold office for a term of three years. Annexure - I (6) No act or proceeding of the Authority shall be invalid merely by reason of any vacancy in, or defect in the constitution of the Authority. 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. (2) Without prejudice to the generality of the foregoing sub-section the Authority shall(i) facilitate provision of housing inputs, including land, finance, building materials through institutional and legal frame-work and develop indigenous and cost effective approaches; implement parameters of the national housing policy, coordinate and liaise with the Federal Government, District Governments, Tehsil and Town Municipal Administrations, concerned departments and Government Agencies; identify state and other lands for developing low income and low cost housing schemes; facilitate construction of multi storey flats (low cost housing) in collaboration with the District Governments and Tehsil and Town Municipal Administrations by arranging finances from the House Building Finance Corporation, Finance Institution and commercialized banks for developments; provide cost wise affordable, housing schemes especially for the low income group and families out of the Revolving Fund; facilitate public and private partnership or ventures in housing and development of recreational activities; promote environment construction activities; for friendly and standardized (ii) (iii) (iv) (v) (vi) (vii) (viii) prepare guidelines, long term and short-term plans, for implementing the low cost housing schemes and programmes in the North-West Frontier Province; (ix) facilitate land availability through various innovative measures, develop a comprehensive land information system to cater for the planning and development, requirements for a period of five to ten years; mobilize resources and generate funds in order to provide finance for housing specially to the low income group; develop land disposal systems which are unified, transparent and market oriented with open auction policy and exception for special needs; (x) (xi) Annexure – I (xii) develop packages in which prime state land occupied by katchi abady, shall be offered to the private developers for commercial use; provided they arrange finance upgradation or relocation of katchi abady; (xiii) suggest measures to check growth of slums and katchi abady, formulate resettlement and relocation plans; (xiv) propose suitable amendments in land acquisition laws to make provisions for unified, transparent and market oriented system of land acquisition; 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, conservation of forest reserves and provision of electricity, telephone, sui gas, etc; plan a comprehensive programme for the development of satellite, intermediate, secondary and industrial towns to reduce migration and drift to big settlements; (xv) (xvi) (xvii) develop Geographic Information System for efficient land documentation and information related to housing and town planning; (xviii) provide technical assistance to the District Governments and Tehsil and Town Municipal Administrations towards capacity building in all matters related to housing and town planning; (xix) coordinate with Federal Government, District Governments and Tehsil and Town Municipal Administrations for implementing the development plans and programmes pertaining to housing and town planning; assist Government Agency to plan/execute Government servants housing scheme, etc. in the areas of low cost housing; formulate policy parameters to ensure liberalization in the existing regulatory measures, and to streamline the affairs of private housing schemes; and (xx) (xxi) (xxii) perform such other functions as may be assigned to the Authority from time to time by Government. 5. Meeting.—(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. Annexure - I (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 6. Appointment and term of office.—(1) There shall be Director General of the Authority, who shall be appointed by Government from amongst the officers holding degree in Civil Engineering. (2) The Director General shall be the Chief Executive of the Authority and shall perform such duties as may be assigned to him, and exercise such powers as may be delegated to him, by the Authority. 7. Delegation.—The Authority may, by general or special order, delegate to the Director General, a committee constituted under section 9, a member or an officer of the Authority any of its powers, duties or functions under this Act or the rules made thereunder subject to such conditions as it may deem fit. 8. Appointment of officers and employees.— The Authority may appoint such officers, advisers, experts, consultants and employees, as it considers necessary for the efficient performance of its functions on such terms and conditions as it deem fit. 9. Committees.— The Authority may constitute such financial, technical and advisory committees as may be deemed necessary for carrying out the purposes of this Act and such committees shall exercise such powers and perform such functions as may be delegated or assigned to them by the Authority. CHAPTER-IV GOVERNMENT SERVANTS HOUSING SCHEME 10. Special Committee—(1) There shall be a Special Committee for Government servants housing scheme in order to introduce a plan for providing houses on no profit no loss basis to Government servants on their retirement, or to their families in case of death during service and to make provisions for matters connected therewith or ancillary thereto. (2) The Special Committee shall consist of the following: (a) (b) (c) (d) (e) Chief Secretary, North-West Frontier Province; Additional Chief Secretary North-West Frontier Province; Senior Member Board of Revenue; Secretary Finance Department; Secretary Establishment Department; Chairman. Member. Member. Member. Member Annexure – I (f) (g) (h) Secretary Administration Department; Secretary Housing Department; three civil servants, one representing each of the employees in BS-1 to 16, BS-17 to 18 and BS-1 9 and above to be nominated by Government; three other persons as may be appointed by Government for a specified period; and Director General, North-West Frontier Province Housing Authority. Member. Member. Members. (i) (j) Members Member/ Secretary. (3) The members appointed under clauses (h) and (i) of sub-section (2) shall hold office for a period of three years. (4) Decisions shall be taken, by the Special Committee by simple majority and in case of equality of votes the Chairman shall have a second or casting vote. 11. Functions of the Special Committee. —Subject to the provisions of this Act, the Special Committee shall for the purpose of this Chapter, undertake the following functions; (a) to identify and recommend the steps for the establishment of a fund in the manner hereinafter provided, for carrying out the purposes, including incurring of expenditure and investment of money: to arrange, purchase and acquire land, wherever necessary, within the Province; to exercise control over the housing scheme for Government servants, in the manner as may be prescribed; to adopt such measures and mechanism/procedure for allotment of the houses to Government servants in the prescribed manner; to authorize the PHA for spending from the fond established under section 12 for housing schemes for Government servants; and to do such other acts as are ancillary and incidental to the above functions. (b) (c) (d) (e) (f) 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. (2) The Fund shall consist of- Annexure - I (a) such grants as may, from time to time, be made by Government; contributions and donations by private or public organizations; loans and advances as may be obtained from Financial Institutions with the help of Government wherever necessary; contributions made by Government servants from time to time; income and profits from investments from various sources; fees or other user charges; amounts received from sale or disposal of assets vested in the Authority; and all other sums received by the Special Committee and income from any other source. (b) (c) (d) (e) (f) (g) (h) (3) The money credited to the Fund shall be kept in such custody as may be prescribed. 13. Manner of collection of contributions and maintenance of accounts.—(1) All monthly contribution shall, in the prescribed manner, be deducted at source from the salary of the Government servants by the Accountant General, North-West Frontier Province or the District Accounts Officer, as the case may be, within whose jurisdiction the disbursement of salary is made to the Government servant. (2) The Accountant General shall allocate a separate sub-head for deduction of contribution from the pay bill of Government servants and pass on the credit to the Special Committee regularly within one month of such deduction. (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. 14. Disposal of residential units.—Subject to the provisions of this Act, the Special Committee shall dispose of the residential units in favour of Government servants at the time of their retirement, or in favour of their families in case of death during service: 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. Annexure – I 15. Location, categorization, allocation and price of residential units.— (1) The housing schemes shall be carried out at such locations as may be determined by the Special Committee but initially a scheme shall be started at Peshawar as a pilot project at one or more suitable places and when the housing schemes are commenced at other locations a Government servant may be given three options of preference of the locations of his choice. (2) A Government servant shall be allocated by the Special Committee, a residential unit of a particular category, keeping in view his seniority, date of retirement or any other deserving special circumstance. (3) Price of each residential unit or each category of residential units shall be determined by the Special Committee. (4) All payments made by a Government servant and the mark-up accrued thereon at the rate determined by the Special Committees from time to time shall be updated annually. (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 EXEUCTIQN OF SCHEMES 16. Preparation of schemes.— (1) The Authority, in consultation with the Government Agency concerned, shall, in such form and in such manner as may be prescribed, prepare schemes for the purpose of this Act in various urban and rural areas. (2) All schemes prepared by the Authority shall be submitted to Government for approval, except those the estimated costs whereof do not exceed such limit as may be prescribed by rules or for which no loan or grant is required from Government. (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. (4) The publication of a sanction under sub-section (3), shall be conclusive evidence that the scheme has been duly framed and sanctioned. 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. 18. Power to give directions.—(1) The Authority may require a Government Agency within whose jurisdiction any particular locality or aspect of development covered by the scheme lies- Annexure - I (i) (ii) and (iii) to execute work in consultation with the Authority; to take over and maintain any of the works and services in that area; to provide any amenity in relation to the land which in the opinion of the Authority ought to be provided. (2) The expenditure incurred on the execution of any scheme or on the taking over of maintenance of any work, under this section, shall be borne as may be agreed between the Authority and Government Agency concerned and in the event of disagreement, as may be determined by Government. 19. Power to execute scheme.—(1) Where the authority is satisfied that any direction given by it under sub-section (1) of section 18 with regard to any scheme has not been carried out by the Government Agency concerned, the Authority may itself undertake any work for the execution of that scheme and the cost thereof shall be borne as may be agreed between the Authority and Government Agency concerned and in the event of disagreement as may be determined by 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 Government Agency concerned. CHAPTER-VI GENERAL 20. 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. 21. Controlled Area.— The Authority may, by notification in the Official Gazette, declare any locality to be a Controlled Area, for the purposes of this Act and may issue in respect of such locality 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 construction in such area. 22. 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 Loan Act, 1914 (Act IX of 1914): Provided that no local or foreign loan shall be obtained by the Authority without the previous sanction of Government. (2) The Authority may, in consultation with the Finance Department of Government, borrow money or raise funds by issuing bonds or debentures or otherwise for carrying out the purposes of this Act, in the prescribed manner. CHAPTER-VII FINANCE, ACCOUNTS AND AUDIT Annexure – I 23. Revolving Fund.—(1) There shall be established a fund to be known as Revolving Fund which shall vest in the Authority and shall be utilized by the Authority in connection with its functions under this Act including payment of salaries and other remuneration to the members, officers, servants, experts and consultants of the Authority. (2) The Revolving Fund shall consist of (i) (ii) grants and loans made by Government; all moneys received from Federal Government or any international agency by way of grants, loan, advances or otherwise; all fees, rates and charges received by the Authority under this Act; all money received by the Authority from the disposal of lands, buildings and other properties moveable and immovable; proceeds from the self financing schemes; and all other sums receivable by the Authority. (iii) (iv) (v) (vi) (3) In case of deficit revenue of the Authority, Government shall provide from its own revenues or from any other source, such sum as may be necessary for the efficient performance of functions of 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. Explanation.—For the purpose of this sub-section, Government includes Federal Government. 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) revenuesThe rates, fees and other charges shall be such as to provide sufficient (i) to cover the operating expenses including taxes and other maintenance and depreciation charges; to meet repayments on long term indebtedness to the extent that such repayments exceed the provision of the depreciation; and (ii) Annexure - I (iii) to finance the normal year to year extension of any of such schemes and to provide a reasonable portion of the cost of future major expansion of such schemes. 25. Accounts.— The Authority shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed. 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. 27. Audit.—The accounts of the Authority shall be audited annually by duly qualified auditors appointed by the Authority in addition to the pre-audit by Government Auditors. CHAPTER- VIII PENALTY AND PROCEDURE 28. Notice and authorization.— The Authority or Government Agency, as the case may be, shall authorize an officer or officers under its administrative control:(a) to issue legal notices for violation or commission of any offence under this Act, rules or regulations; to take such measures and actions for compliance of directions contained in the notices issued restraining violation or commission of any offence under this Act, rules or regulations; and to initiate legal proceedings or defend any legal proceedings initiated against the Authority or Government Agency, as the case may be attend court proceedings and represent the concerned Authority or Government Agency as the case may be. (b) (c) 29. Cognizance of offence.—(1) No court shall take cognizance of an offence under this Act except on a complaint in writing made by the Authority or an officer or a person generally or specifically authorized by the Authority or on a complaint filed by an affected citizen. (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. Annexure – I 30. Offences. — (1) All the offences specified in Fourth Schedule to the NorthWest Frontier Province Local Government Ordinance, 2001 (N.-W.F.P. Ord. No. XIV of 2001), shall also be deemed to be offences under this Ordinance 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. 31. Compounding of offences.— Subject to the provisions of section 345 of the Criminal Procedure Code, 1898 (V of 1898), except as otherwise provided, the Authority or Government Agency, as the case may be, or an officer or any other person generally or specially authorized by the Authority in this behalf, may, at any time or after the commission of the offence but before the conclusion of proceedings in, the court, compound any offence punishable under this Act. 32. Rights of citizens.—Nothing contained in section 29 shall restrict or limit the right of the citizens or residents of a local area to bring any suit or other legal proceedings against the Authority or Government Agency, as the case may be, its officers or other functionaries violating the right available to them under any law for the time being in force. 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. 35. Conversion of property to a different use.—Any conversion of property to a different use or purpose than the one provided under a scheme, by a person or agency without the previous approval of the Authority in writing, shall be punishable with a fine which may extend to rupees five hundred 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. 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. Annexure - I 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. (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, any person authorized by 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 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. 38. Members, officers and employees to be public servants.— The Chairman, members. Director General, officers, servants, experts and consultants of the Authority shall, when acting or purporting to act in pursuance of any provision of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860. 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. 40. Jurisdiction of courts barred.— Save as otherwise provided by this Act, no Court or other Agency 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. 41. Power to make rules.— Subject to the provisions of this Act, Government may make rules for carrying into effect the purposes of this Act. 42. Power to make regulations.— Subject to the provisions of this Act and the rules framed there under, the Authority may make regulations as may be necessary to carry out the purposes of this Act. 43. Repeal.— The North-West Frontier Housing Authority Ordinance, 2005 (N.W.F.P. Ord: No. 1 of 2005) is hereby repealed. BY ORDER OF MR. SPEAKER PROVINCIAL ASSEMBLY OF NORTH-WEST FRONTIER PROVINCE. NAZIR AHMAD Secretary, Provincial Assembly of N.-W.F.P.
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