Amendments Fmda

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An Act 

to provide for the establishment of Fort Monroe An Act to provide for the establishment of Fort Monroe
Development Authority. Development Authority.
It is necessary in public interest to establish an Authority to  
develop Fort Monroe as a tourist resort to promote domestic Whereas it is necessary in public interest to ensure a holistic,
and international tourism; to execute necessary comprehensive and integrated legal framework and
developmental plans; to improve the socio-economic specialized institutional arrangement
conditions of the local people; and, to make other to develop Fort Monroe as a tourist resort to promote
provisions. domestic and international tourism, to make other
  provisions for planning and development of infrastructure,
regulation of the tourism and related commercial
activities  and ancillary matters; and to improve the socio-
economic conditions of the local people.
 

Short title, extent and commencement.– (1) This Act may be 1.   Short title, extent and commencement.– (1) This Act may
cited as the Fort Monroe Development Authority Act 2016. be cited as the Fort Monroe Development Authority Act
(2)  It shall extend to such areas of Fort Monroe as the 2017.
Government may, by notification in the official Gazette,     (2)  It shall extend to such areas of Fort Monroe as the
specify. Government may, by notification in the official Gazette,
(3)        It shall come into force at once. specify.
(3)        It shall come into force at once.

.   Definitions.– In this Act–


  (i)        “Act” means the Walled Cities and Historic Areas of
(a)        “agency” means any department or organization of the Punjab ( Amendment) Act 2016
the Federal or the Provincial Government or of the local
government in Dera Ghazi Khan;
 

(xiv)   “Government Agency” includes– (xiv)   “Government Agency” includes–


(xvi)        a department, attached department, bureau, (xvi)        a department, attached department, bureau,
section, commission, board, office, or unit of the section, commission, board, office, or unit of the
Government; Government;
                        (b)  a local government as defined in the                         (b)  a local government as defined in the
Punjab Local Government Ordinance, 2001 (XIII of 2001) or Punjab Local Government Act, 2013 ( Act XVIII of 2013)or in
in any other law relating to local governments for the time any other law relating to local governments for the time
being in force; and being in force; and
                        ©  a developmental or any other public                         ©  a developmental or any other public
authority, company or corporation owned or controlled by authority, company or corporation owned or controlled by
the Government or a local government; the Government or a local government;
   

(xv)    “group of buildings” means group of separate or (xv)    “group of buildings” means group of separate or
connected buildings which, because of their architecture, connected buildings which, because of
their homogeneity, neighborhood or their place in the their history,architecture, their homogeneity, neighborhood
landscape, are of heritage value; or their place in the landscape, are of heritage value
(xvi)   “heritage” means historic, cultural, archeological,
(xvi)   “heritage” means architectural, archeological, monumental, architectural, artistic, aesthetic or
monumental, historic, artistic, aesthetic, cultural or social aspects, reflections, elements, features of an area, a
social aspects, reflections, elements, features of a building, city, a building, group of buildings, structure, building
group of buildings, structure, building fabric, urban fabric, fabric, urban fabric, urban open space, public area, public
urban open space, public area, public crossings or public crossings or public passage and environment of the Walled
passage and environment of the Walled City and includes Cities and Historic Areas of the Punjab and includes
intangible heritage; intangible heritage;

(xvi-a)“heritage area” means any area of heritage value


declared as heritage area for purposes of the Act;
(xvi-b)“historic area” means any area of heritage value
declared as historic area by the Government for the
purposes of the Act;
(xvii) "heritage property" means any building, land, (xvii) "heritage property" means any building, land,
structure, fabric or work of heritage value declared as structure, fabric or work of heritage value declared as
heritage property for purposes of the Act; heritage property for purposes of the Act and includes any
antiquity, immovable antiquity, national monument and
protected antiquity under the Antiquities Act, 1975 (Act VII
of 1976) and Special Premises under the Punjab Special
Premises (Preservation) Ordinance, 1985 (Pb. Ord. XXXIV of
1985);
  (xviii)    “heritage value” includes architectural,   (xviii)                “heritage value” includes architectural,
archaeological, monumental, historic, artistic, aesthetic, archaeological, monumental, historic, artistic,
cultural or social value, age value and commemorative aesthetic, visual, cultural or social value, age value and
value, use value, place value, of the heritage as identified commemorative value, use value, place value, of the
and assessed for establishing authenticity; heritage as identified and assessed for establishing
authenticity;
 (xxiii)   “master conservation and re-development plan” “master conservation and re-development plan” means the
means the comprehensive plan for conservation and re- comprehensive plan forconservation of the heritage and re-
development of the heritage, prepared by the Authority development for each walled city or historic area, prepared
under section 15 of the Act; by the Authority under section 15 of the Act.
(xli) "Walled City" means the areas specified in the Schedule (xli) "Walled City" means any area within a historic walled
appended to the Act; city  of heritage value declared as walled city by the
Government for the purposes of the Act;
3.   Establishment and constitution of the Authority.– (1) The 3.   Establishment and constitution of the Authority.– (1) The
Government may, by notification in the official Gazette, Government may, by notification in the official Gazette,
establish an Authority for the Walled City to be known as establish an Authority for the Walled Cities and Historic
the Walled City of Lahore Authority. Areas of the Punjab to be known as the Punjab Walled Cities
      (2)  The Authority shall be a body corporate with and Historic Areas Authority.
perpetual succession and a common seal, with power to       (2)  The Authority shall be a body corporate with
acquire, hold and dispose of property, and it may sue or be perpetual succession and a common seal, with power to
sued in its name. acquire, hold and dispose of property, and it may sue or be
sued in its name.

4.   Members of the Authority.– (1) The Authority shall  Members of the Authority.– (1) The Authority shall consist
consist of the following members:- of the following members:-
      (i)  Chief Minister of Chairperson       (i)  Chief Minister of Chairperson
the Punjab; the Punjab;
     (ii)  Chief Secretary of the Vice-Chairperson      (ii)  Chief Secretary of the Vice-Chairperson
Government Government
    (iii)  All members of the Members     (iii)  All members of the Members
Provincial and National Provincial and National
Assembly whose Assembly whose
constituency falls partly or constituency falls partly or
wholly within wholly within each of the
the Walled City; Walled Cities and Historic
    (iv)  Chairman, Planning Member Areas of the Punjab;
and Development Board of     (iv)  Chairman, Planning Member
the Government; and Development Board of
     (v)  Director General of Member/Secretary the Government;
the Authority;
     (v)  Director General of Member/Secretary
    (vi)  Secretary to the Member
the Authority;
Government, Finance
    (vi)  Secretary to the Member
Department;
   (vii)  Chairperson of the Member Government, Finance
Department;
Heritage Conservation
Board;     (vi-a)  Secretary to the Member
(viiii)  Zila Nazim, City Member Government, Local  
District Government Lahore;  Government & Community
    (ix)  four qualified persons Members Development Department;
to be nominated by the    (vii)  Chairperson of the Member
Chairperson on the Heritage Conservation
recommendation of all Board;
members of the Provincial (viiii)  Mayor of the Member
and National Assembly Metropolitan or Municipal
whose constituency falls Corporation within
partly or wholly within territorial limits any of the
the Walled City. Walled Cities and Historic
      (2)  The person qualified to become a member of the Areas of the Punjab partly or
Authority– wholly falls; 
               (i)   shall be at least thirty years of age;     (ix)  two qualified persons Members
              (ii)   shall be a prominent and well-reputed resident to be nominated by
of the Walled City; theGovernmenton the
             (iii)   should not have any criminal record; and recommendation of all
             (iv)   may not have served as member of the members of the Provincial
Authority for two consecutive terms. and National Assembly from
      (3)  A member of the Authority, other than an ex- each of the Walled Cities and
officio member, unless removed by the Authority, shall hold Historic Areas of the Punjab.
the office for a period of three years.       (2)  The person qualified to become a member of the
      (4)  A member who has a financial or personal interest in Authority–
any proceedings of the Authority shall not take part in the                (i)   shall be at least thirty years of age;
proceedings.               (ii)   shall be a prominent and well-reputed resident
      (5)  No act or proceedings of the Authority shall be of the such Walled Cities and Historic Areas of the Punjab;
invalid merely by reason of any vacancy or defect in the              (iii)   should not have any criminal record; and
constitution of the Authority.              (iv)   may not have served as member of the
  Authority for two consecutive terms.
      (3)  A member of the Authority, other than an ex-
officio member, unless removed by the Authority, shall hold
the office for a period of three years.
      (4)  A member who has a financial or personal interest in
any proceedings of the Authority shall not take part in the
proceedings.
      (5)  No act or proceedings of the Authority shall be
invalid merely by reason of any vacancy or defect in the
constitution of the Authority.

Director General.– (1) The Chairperson may, on the    Director General.– (1) The Government  may, on the
recommendation of the Authority, appoint the Director recommendation of the Authority, appoint the Director
General on such terms and conditions as may be prescribed. General on such terms and conditions as may be prescribed.
      (2)  The Director General shall be a person selected       (2)  The Director General shall be a person selected
directly through public advertisement having, among other directly through public advertisement having, among other
qualifications, fifteen years’ experience of management or qualifications, fifteen years’ experience of management or
academics in the fields of heritage, culture, or urban academics in the fields of heritage, culture, or urban
planning. planning.
      (3)  An officer of the Government of the rank and status       (3)  An officer of the Government of the rank and status
of BS-20 or above and possessing the requisite expertise of BS-20 or above and possessing the requisite expertise
mentioned in sub-section (2) shall be eligible for mentioned in sub-section (2) shall be eligible for
appointment as the Director General. appointment as the Director General.
      (4)  The Director General shall be the Chief Executive of       (4)  The Director General shall be the Chief Executive of
the Authority and shall– the Authority and shall–
               (i)   be a whole time officer of the Authority;                (i)   be a whole time officer of the Authority;
              (ii)   perform such duties and exercise such powers               (ii)   perform such duties and exercise such powers
as are assigned to him under the Act or as may be as are assigned to him under the Act or as may be
prescribed or as may be delegated to him by the Authority; prescribed or as may be delegated to him by the Authority;
and and
             (iii)   hold office for a term of three years but shall              (iii)   hold office for a term of three years but shall
remain in office for three months thereafter or until a remain in office for three months thereafter or until a
successor in that office is appointed, whichever is earlier. successor in that office is appointed, whichever is earlier.
      (5)  Nothing in the preceding sub-section shall preclude       (5)  Nothing in the preceding sub-section shall preclude
the Chairperson from extending the term of office of the the Government from extending the term of office of the
Director General for such period as the Authority may Director General for such period as the Authority may
determine. determine.
      (6)  The Director General, who is not a Government       (6)  The Director General, who is not a Government
servant, may resign by tendering his resignation to the servant, may resign by tendering his resignation to the
Chairperson and shall cease to hold office upon acceptance Chairperson and shall cease to hold office upon acceptance
of his resignation. of his resignation.
        (7)   The Chairperson, on the recommendation of the         (7)   The Government, on the recommendation of the
Authority, may remove or, as the case may be, transfer the Authority, may remove or, as the case may be, transfer the
Director General during the term of his office. Director General during the term of his office.
   

  Functions of the Authority.– (1) Subject to the provisions of Functions of the Authority.– (1) Subject to the provisions of
the Act, rules or regulations, the Authority shall perform the Act, rules or regulations, the Authority shall perform
such functions and take such measures as may be necessary such functions and take such measures as may be necessary
for carrying out the purposes of the Act. for carrying out the purposes of the Act.
      (2)  Without prejudice to the generality of the provisions       (2)  Without prejudice to the generality of the provisions
of sub-section (1), the Authority shall– of sub-section (1), the Authority shall–
               (i)  implement and execute master heritage                (i)  implement and execute master heritage
conservation and re-development plans; conservation and re-development plansfor each Walled City
              (ii)  prepare and execute schemes; and Historic Area ;
             (iii)  identify, assess and authenticate heritage value;               (ii)  prepare and execute schemes for each Walled
             (iv)  conserve heritage of the Walled City; City and Historic Area;
              (v)  establish, maintain and periodically revise              (iii)  identify, assess and authenticate heritage value;
planning controls and building regulations for purposes of              (iv)  conserve and protect heritage of the  Walled
the Act; Citiesand Historic Areas of Punjab;
             (vi)  regulate the transfer of property;               (iv-a)  conserve and protect heritage buildings”
            (vii)  preserve and promote culture;                     (v)     establish, maintain and periodically revise
           (viii)  develop and maintain an urban open space; planning controls and building regulations for purposes of
             (ix)  conserve and upgrade the environment; the Act;
              (x)  regulate the use of public places, urban open              (vi)  regulate the transfer of property;
spaces, public crossings or public passages for purposes of             (vii)  preserve and promote culture;
public communication, ceremonies, or ritual events;            (viii)  develop and maintain an urban open space;
             (xi)  prepare, implement and enforce schemes for              (ix)  conserve and upgrade the environment;
environmental improvements, urban renewal, including               (x)  regulate the use of public places, urban open
solid waste disposal, transportation and traffic, health and spaces, public crossings or public passages for purposes of
education facilities; public communication, ceremonies, or ritual events;
            (xii)  maintain the record of heritage properties;              (xi)  prepare, implement and enforce schemes for
                (xiii)   cause studies, surveys, technical researches environmental improvements, urban renewal, including
to be made or contribute towards the cost of any such solid waste disposal, transportation and traffic, health and
studies, surveys, technical researches; education facilities;
           (xiv)  issue interim development order for proceeding             (xii)  maintain the record of heritage properties;
with the conservation and structural consolidation of a                 (xiii)   cause studies, surveys, technical researches
building under imminent threat of structural damage of any to be made or contribute towards the cost of any such
nature; and studies, surveys, technical researches;
            (xv)  perform other functions as are incidental to the            (xiv)  issue an interim order for proceeding with the
above functions or as the Government may assign to the protection. conservation and structural consolidation of a
Authority for purposes of the Act. building under imminent threat of structural damage of any
  nature;
(xiv) take over any immoveable antiquity or special
premises area declared or protected under the provisions of 
the Antiquities Act, 1975 and Punjab Special Premises
(Preservations) Ordinance, 1985; and
            (xv)  perform other functions as are incidental to the
above functions or as the Government may assign to the
Authority for purposes of the Act.

  Powers of the Authority.– (1) The Authority shall have all 8.   Powers of the Authority.– (1) The Authority shall have
powers necessary to perform its functions under the Act. all powers necessary to perform its functions under the Act.
      (2)  In particular, and without prejudice to the generality       (2)  In particular, and without prejudice to the generality
of the foregoing powers, the Authority shall exercise the of the foregoing powers, the Authority shall exercise the
following powers:- following powers:-
                        (i)    undertake any work, incur any                         (i)    undertake any work, incur any
expenditure for the implementation of the master expenditure for the implementation of the master
conservation and re-development planned schemes; conservation and re-development plans and schemes;
                 (ii)   provision of civic utilities and municipal                  (ii)   provision of civic utilities and municipal
services; services;
                (iii)   regulation of building construction and                 (iii)   regulation of building construction and
granting permits for demolition and reconstruction; granting permits for demolition and reconstruction;
                (iv)   regulation of trade, calling and occupation in                 (iv)   regulation of trade, calling and
the Walled City; occupation within walled cities and historic areas of Punjab;
                 (v)   removal of encroachments;                  (v)   removal of encroachments;
                (vi)   promotion of tourism and sports;                 (vi)   promotion of tourism and sports;
               (vii)   promotion of investment for development                (vii)   promotion of investment for
of Walled City; development of walled cities and historic areas of Punjab;
              (viii)   community mobilization and poverty               (viii)   community mobilization and poverty
alleviation; alleviation;
                      (ix)    eviction of illegal occupants of private or                       (ix)    eviction of illegal occupants
public utility buildings; of privateland or buildings, public utility
                 (x)   acquire property, both movable and buildings, public area, public passage or public crossing;
immovable;                  (x)   acquire property, both movable and
                (xi)   procure machinery instruments or any other immovable;
material required by it;                 (xi)   procure machinery instruments or any other
               (xii)   enter into contracts; material required by it;
              (xiii)   coordinate with various Government agencies                (xii)   enter into contractsand other arrangements;
and other local and international organizations and               (xiii)   coordinate with various Government agencies
institutes for smooth implementation of the Act; and other local and international organizations and
              (xiv)   establish separate Directorates of the institutes for smooth implementation of the Act;
Authority;               (xiv)   establish separate Directorates of the
               (xv)   enforce the provisions of the Act, rules and Authorityand Regional or local Directorates forwalled cities
regulations; and historic areas of Punjab;
              (xvi)   seek or call for any information from any                (xv)   enforce the provisions of the Act, rules and
person or Government agency, as may be required for regulations;
carrying out the purposes of the Act;               (xvi)   seek or call for any information from any
             (xvii)   seek from any Government agency assistance person or Government agency, as may be required for
in the discharge of its functions; and carrying out the purposes of the Act;
            (xviii)   exercise such other powers as the              (xvii)   seek from any Government agency assistance
Government may, from time to time, assign to the in the discharge of its functions; and
Authority.             (xviii)   exercise such other powers as the
Government may, from time to time, assign to the
Authority.

10. Directorates.– The Authority may constitute such


10. Directorates.– The Authority may constitute such Directorates of the Authority and Regional or local
Directorates as may be deemed necessary for carrying out
the purposes of the Act and such Directorates shall exercise Directorates for walled cities and historic areas of Punjab as
such powers and perform such functions as may be may be deemed necessary for carrying out the purposes of
delegated or assigned to them by the Authority. the Act and such Directorates shall exercise such powers
  and perform such functions as may be delegated or assigned
to them by the Authority.
11. Power to act as local government.– The Government
11. Power to act as local government.– The Government may, by a notification in the official Gazette, authorize the
may, by a notification in the official Gazette, authorize the Authority to exercise and perform such powers and
Authority to exercise and perform such powers and functions in respect of the Walled City as a local government
functions in respect of the Walled City as a local government under the Punjab Local GovernmentAct 2013 (
under the Punjab Local Government Ordinance 2001 (XIII of
2001) or under any other law relating to local governments.

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