24justice PK property law

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 Page 2 of 11 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 Page 3 of 11 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. Page 4 of 11 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. Page 5 of 11 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