DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013
The Defence Housing Authority Islamabad Act, 2013, is a significant piece of legislation in Pakistan that establishes the legal framework for the Defense Housing Authority (DHA) in Islamabad. Enacted in 2013, this act outlines the powers, functions, and responsibilities of DHA Islamabad in the planning, development, and management of housing projects within its jurisdiction. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.
CONTENTS
- Short title, extent, and commencement
- Definitions
- The Authority
- Governing Body
- Executive Board
- Powers and functions of Executive Board
- Powers of the Executive Board to borrow
- Administrator
- Powers and functions of the Administrator
- Meetings
- Appointments
- Annual report and accounts
- Delegation of powers
- Committees.
- Authority Fund
- Budget, audit and accounts
- Power to cancel allotment
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- Conversion of property to a different use
- Removal of building erected or used in contravention of the Act.
- Power to make regulations
- Act not to override other laws
- Transfer and savings
- Appeal
- Validation
- Removal of difficulty
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DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013
ACT NO XII OF 2013
[19th March, 2013]
An Act to provide for establishment of Defence Housing Authority Islamabad
WHEREAS it is expedient to establish Defence Housing Authority Islamabad for the purpose
and object of carrying out schemes and projects of land development, inter alia for welfare of the
bereaved families of martyrs, war injured, disabled and other persons of the defence forces of
Pakistan to boost their morale; to provide financial security in recognition of their selfless services
for the defence of the nation; and to provide for ancillary matters;
It is hereby enacted as follows: —
CHAPTER I
- Short title, extent and commencement. — (1) This Act may be called the Defence
Housing Authority Islamabad Act, 2013.
(2) It extends to the specified area in Islamabad Capital Territory.
(3) It shall come into force at once and shall be deemed to have taken effect on and from the
15th August, 2010.
- Definitions. — In this Act, unless there is anything 1
[repugnant] in the subject or context,
—
(a) “Administrator” means the Administrator appointed under section 8;
(b) “Authority” means the Defence Housing Authority Islamabad established
under section 3;
(c) “Chairman” means Chairman of the Governing Body;
(d) “Executive Board” means Executive Board constituted under this Act;
(e) “Governing Body” means Governing Body constituted under section 4;
(f) “Government” means the Federal Government;
(g) “member” means a member of the Authority and includes the Chairman;
(h) “prescribed” means prescribed by 1
[**] regulations made under this Act;
(i) “President” means President of the Executive Board;
1Subs. and omitted by Act XL of 2023, s.2.
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1
[(j) “project” means any project of construction, repair, renovation, maintenance,
up-gradation and development of any facility or land or area undertaken or
planned by the Authority to achieve a particular aim in the specified area;
(k) “scheme” means any scheme, plan, facility or project for development of land
for residential, commercial or other use, undertaken, planned or made and
approved by the Authority under this Act;]
(l) “Secretary” means Secretary of the Authority;
(m) “specified area” means all land owned, purchased or procured by or vested in
or leased to the Army Welfare Housing Scheme or the Defence Housing
Authority Islamabad constituted under any law before the commencement of
this Act in Islamabad Capital Territory and such other land as may, from time
to time, be purchased or procured by or leased to the Authority in Islamabad
Capital Territory and notified by the Government; and
1
[(n) * * * * * * *]
1
[(o) “welfare and rehabilitation activities” mean activities done or undertaken by or
through the Authority for the purpose of welfare and rehabilitation of serving
or retired personnel of the defence forces, inter alia, officers, soldiers,
bereaved families of Shuhada, war wounded or disabled personnel or other
people.]
- The Authority. — (1) There shall be established an Authority to be known as Defence
Housing Authority Islamabad for carrying out purposes of this Act.
(2) The Authority shall be a body corporate having perpetual succession and common seal
with power to purchase, procure, sell, exchange, hold and dispose of property and shall by the said
name, sue and be sued.
(3) The head office of the Authority shall be at Islamabad.
(4) While designing, planning and executing a scheme in the specified area, the Authority
shall adhere to the master plan of Islamabad and ensure that all public roads and revenue paths
leading to and from the adjoining areas and access to graveyards shall, as far as possible, be
maintained and no change or alteration shall be made in such roads, paths or access except with prior
approval of the Government.
(5) Subject to the financial viability of a Scheme, the Authority shall reserve in a scheme in
the specified area at least fifty per-cent quota for the bereaved family of the martyrs, war injured,
disabled and junior ranks from sepoys to junior commissioned officers of the defence forces of
Pakistan.
1Subs. omitted and added by Act XL of 2023, s.2.
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1
[(6) In particular and without prejudice of the generality of the provisions of this Act, the
Authority shall take all such measures and exercise all such powers as may be necessary for carrying
out the purposes of this Act, as well as to carry out any other works or activities connected therewith,
or ancillary thereto.]
- Governing Body. — (1) The general administration, supervision and control of the affairs
of the Authority shall vest in the Governing Body, which shall consist of, —
(a) Secretary, Ministry of Defence; Chairman
(b) Adjutant General Pakistan Army; Vice-Chairman
(c) a serving or retired Major General of Pakistan Member
Army to be nominated by the Chief of Army Staff:
(d) Chief Commissioner, Islamabad; Member
(c) Administrator; Member
(f) Chairman, Capital Development Authority; and Member
(g) Secretary. Member-cumSecretary
(2) The Governing Body shall,—
(a) review progress and activities of the Authority;
(b) lay down policy for guidance of the Executive Board;
(c) consider and approve budget and audit reports of the Authority; and
(d) transact such other business of the Authority as the Executive Board may
place before it.
- Executive Board.—(1) There shall be an Executive Board which shall exercise such
administrative executive and financial powers of the Authority and do all such acts and functions as
the Governing Body may delegate or assign to it.
(2) The Executive Board shall consist of,—
(a) Adjutant General, Pakistan Army; President
(b) a serving or retired Major General of Pakistan Army
1
[member]
to be nominated by the Chief of Army Staff;
1Added and Subs. by Act XL of 2023, s3-4.
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(c) Administrator; Member
(d) Secretary of the Authority to be appointed by the and Secretary
President;
(e) two residents of Schemes of the Authority Co-opted
Members
(3) The Government shall, for a period not exceeding five years at a time, appoint the coopted members in accordance with the regulations but they shall serve during the pleasure of the
Government.
(4) In the performance of its functions, the Executive Board shall comply with the directions
of Governing Body.
- Powers and functions of Executive Board. — (1) Subject to all applicable laws and
provisions of this Act, the Executive Board may take such measures and exercise such powers as
may be necessary for proper planning and development of the specified area and for carrying out
purposes of this Act.
(2) Without prejudice to the generality of the foregoing powers, the Executive Board may, in
accordance with all applicable laws, rules and regulations, —
(a) purchase, procure, hold, manage, reclaim and take possession of any property
in the specified area;
(b) prepare, plan, develop, notify, execute, implement, maintain, manage and
regulate any scheme in the specified area;
(c) enter into contracts, arrangements, joint ventures, and agreements with any
person, for preparation, planning, development, execution, implementation
and maintenance of schemes in the specified area and for carrying out
purposes of this Act;
(d) incur any expenditure and procure plant, machinery, equipment, instrument
and necessary materials;
(e) carry out, maintain, arrange, manage and provide all facilities, services and
utilities, including water, electricity, gas and sewerage in schemes in the
specified area so as to ensure that the property is maintained up to the required
standards for benefit of the residents;
(f) plan, approve and execute mergers and amalgamations with other housing
schemes or cooperative housing societies subject to approval of the competent
authorities of those housing schemes or housing societies for merger and
amalgamation;
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1
[(g) impose, vary and recover any fee or charges for rendering any service within
any scheme in the specified area including registration fee, transfer fee,
management fee, development or re-development charges or additional
development charges and maintenance fee, dues and charges, etc.;]
(h) lease, purchase procure, sell, exchange, mortgage, rent out or otherwise
dispose of any property vested in the Authority;
(i) cancel or re-plan any scheme or part thereof in the specified area;
(j) apply for acquisition of land to the Government for initiation and completion
of process of land acquisition in accordance with the law governing land
acquisition; 1
[*]
1
[(ja) carryout welfare and rehabilitation activities in accordance with the
provisions of this Act;]
(k) do all such acts deeds and things that may be necessary or expedient for the
purpose of proper preparation, planning, development, execution,
implementation, management and maintenance of residential and commercial
facilities 1
[including arrangement of security] in the schemes in the specified
area.
(3) The Executive Board shall meet as and when required or considered necessary by the
Administrator, in consultation with the President.
(4) The Executive Board shall transact such business at a meeting as the Administrator may
place before it:
Provided that the Defence Housing Authority shall obtain N.O.C from civic amenities
providing agencies who are responsible for supply of services like water, sewerage and sanitation
etc, and civic utilities like electricity, gas and telephone etc. working as autonomous bodies.
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