Whereas it is expedient in the public interest to provide for measures for prevention and removal of encroachments in the Province of Sindh;

Now, therefore, in exercise powers conferred by MLO-3, issued by Chief Martial Law Administrator, I, Lieutenant General S.M. Abbasi, Martial Law Administrator Zone ‘C’ herby make and promulgate the following Martial Law Order:-

1. (a) This order may be called the Removal of Encroachment Order, 1980.

(b) It shall come into force at once.

2. In this order, unless there is anything repugnant in the subject or context-

(a) “Encroachment” means unlawful trespass upon or unauthorized use or occupation of, or undue interference with public property;

(b) “Public Property” means immovable property such as land, building, place or premises, or rights or privileges accruing from such property, vesting in, or under the management or control of-

(i) The Federal or Provincial Government;

(ii) An Autonomous Corporation Authority or Board established by the Federal or Provincial Government under any law for the time being in force;

(iii) A Local Council constituted under the Sindh Local Government Ordinance, 1979; or

(iv) Any Housing Society or such other Public or Co-operative Body registered under any law for the time being in force.

3. This order shall have effect notwithstanding anything contained in any law, rule, agreement or contract for the time being in force.

4. Government or any authority or an officer authorize by the Government or the authority in this behalf, may, by an order, require the person directly or indirectly responsible for encroachment to remove such encroachment together with structures, if any, raised by him on the public property, within such period as may be specified in the Order.

5. If any person refuses or fails to vacate the public property or remove the encroachment or the structure raised on the said property within the specified period, he shall be ejected by such force as may be necessary by the officer authorized under paragraph 4 and the cost incurred on removal of the structure, if any, shall be recovered from him.

6. Any person who contravenes or attempts to contravene or abet the contravention of this Order or any order made thereunder shall be punished under MLR-14.

7. Government may, by notification, appoint committees to oversee the implementation of this order and such committee may, if necessary, revise, modify or cancel any order made under this Martial Law Order.

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KARACHI Lieutenant General

Dated: 8.7.1980 Martial Law Administrator Zone ‘C’

(S.M. Abbasi)

2. Now, therefore, in exercise of the powers conferred by Martial Law Order No. 3, issued by the Chief Martial Law Administrator I, Lieutenant General S.M. Abbasi, Martial Law Administrator Zone ‘C’, hereby make and promulgate the Martial Law Order.

3. The MLO shall come into force at once and shall be deemed to have taken effect on 8th day of July, 1980 and all actions taken under MLO 130 shall be deemed to have been taken under this MLO 130 shall be deemed to have been taken under this MLO and are hereby validated.

4. In this order, unless there is anything repugnant in the subject or context;-

(a) “Encroachment” means trespass upon or unauthorized use or occupation of or undue interference with, public property;

(b) “Government” means Government of Sindh; and

(c) “Government Property” means any immovable property vesting in, or under the management or control of:

(i) the Federal Government;

(ii) the Government of Sindh;

(iii) any statutory body or a corporation including councils established by or under any law; or

(iv) any Housing Society or such other public or co-operative body registered under any law for the time being in force.

5. This order shall have effect notwithstanding anything contained in any law, rule, agreement or contract for the time being in force.

6. Government may, by notification, authorize any officer to exercise the powers and to perform the functions under this order in relation to any area.

9. Where an order has been passed under paragraph 8, the authorized officer shall, by an order in writing, require the person responsible for the encroachment to remove such encroachment together with the structure, if any, raised by him on a public property, within such period as may be specified in the order.

10. If any person refuses or fails to vacate the public property or remove the encroachment or the structure raised thereon within the period specified in the order under paragraph 9, he shall be deemed to have contravened this order and shall be liable to be ejected by such force as may be considered necessary by the authorized officer and the cost incurred on the removal of the encroachment shall be recovered from him.

11. Any person who contravenes or attempts to contravene or abets the contravention of this order shall also be punishable under Martial Law Regulation No. 14.

12. If any officer authorized to take action under this order requires police assistance in exercise of his powers, he may send a requisition to the officer incharge of a Police Station who shall on such requisition, render the required assistance.

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KARACHI Lieutenant General

Dated: 2.5.1983 Martial Law Administrator Zone ‘C’

(S.M. Abbasi)

No. PAS/LEGIS/BILL-5/75:- The Sindh Public Property (Removal of Encroachment) Bill, 1975 having been passed by the Provincial Assembly of Sindh on the 18th March, 1975 and assented to by the Governor of Sindh on 5th April, 1975 is hereby published as an Act of the Legislature of Sindh:-

Preamble :- Whereas it is expedient to provide measures for removal of encroachment from public and for matters ancillary thereto; It is hereby enacted as follows:

1. Short title and commencement:- (1) This Act may be called the Sindh Public Property (Removal of Encroachment) Act, 1975.

(2) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) “autonomous body” means a board, corporation, institution, organization, authority or body established by Government or, by or under law, with the aid, wholly or partly, of the revenues of the Province.

(b) “building” means a building or part thereof and includes plinth, wall, steps, platform, covered area of any kind, tent, Jhuggi, enclosure and the land appurtenant therof;

(c) “encroachment” means unauthorized occupation of or undue interference with public property;

(d) “Government” means Government of Sindh;

(e) “land” includes land under water, well, pootpath, road, tunnel, culvert, nala, bridge and street;

(f) “local council” means a council under the Sindh People’s Local Government Ordinance, 1972 (Sindh Ordinance II of 1972);

(g) “prescribed” means prescribed by rules made under this Act;

(h) “public property” means a building, land, place or premises vesting in, or under the management or control of Government, local council, autonomous body, or such other authority;

(i) Tribunal” means a Tribunal established under Section 12.

3. Removal of structures.- (1) Government or any authority or officer authorized by Government in this behalf may require the person directly or indirectly responsible for encroachment to remove such encroachment together with the structure, if any, raised by him on the public property, within the period not less than three days as may be specified in the order.

Explanation:- Lessee or license who after the expiry of the period of lease or license or on determination of such lease or license, continues to retain possession of any public property shall, for the purpose of this sub-section, be deemed to be responsible for encroachment.

(1) The order under sub-section (1) may be served by-

(a) giving or tendering it to the person responsible for the encroachment of any adult male person residing with him; or

(b) affixing it at a conspicuous place on or near the public property to which it relates.

4. Review.- (1) Any person dis-satisfied by the order passed under Section 3 may, within seven days from the service thereof, prefer a review petition to Government or any authority or officer who has passed such order.

(2) Government or, as the case may be, the authority or officer as aforesaid may, after pursuing the review petition field under sub-section (1) and giving an opportunity to the petitioner or his duly authorized agent of being heard, confirm, modify or vacate the order.

5. Eviction.- (1) If any person refuses or fails to vacate the public property or remove the structure raised thereon after seven days from the order under Section 3 is dully served on him, or if review petition is filled against such order, after such review petition is dismissed, he shall be evicted by such force as may be necessary, by an officer authorized by Government in this behalf and the structure, if any, raised by such person on the public property shall vest in Government, Local Council or autonomous body, as the case may be.

(2) If any officer authorized to take under sub-section (1) requires police assistance he may send usch requisition to the officer incharge of a police station within the local limits of which the public property is situated and such police officer shall on such requisition ender the required assistance.

6. Cost of demolition and removal of structure.- Where any structure is demolished or removed on eviction under Section 5 the cost of demolition or removal of such structure may be recovered as arrears of land revenue from the person responsible for the encroachment.

7. Recovery of arrears or rent.- If arrears of-rent are payable in respect of any public property by the person evicted therefrom, the amount of such arrears with interest, if any, accrued thereon shall be recovered from such person as arrears of land revenue.

8. Punishment.- (1) Any person responsible for encroachment, may be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to three thousand rupees or with both.

(2) The officer appointed for prevention of encroachment in any area who directly or indirectly connives at, or assists in, the commission of the offence of encroachment or persistence of such offence or due to whose negligence of duty such offence is committed or persists shall be punished as an abettor.

(3) If the officer incharge of police station willfully fails to avoid to provide the necessary police assistance under sub-section (2) of Section 5 he shall be punished as an abettor of the offence of encroachment.

9. Cognizance of offence and mode of trial.- (1) No court shall take cognizance of an offence under this Act, except on a complaint made by an officer authorized by Government in this behalf.

(2) Government may by notification direct that an offence under this Act, shall be tried in summary way in accordance with the procedure prescribed by Chapter XXII of the Code of Criminal Procedure, 1898 (Act V of 1898)

10. Delegation of powers.- Government may, by notification in the official Gazette, direct that any power exercisable by it under this Act, may be exercised by any officer sub-ordinate to it or local council, autonomous body or such other authority.

11. Bar of jurisdiction and abatement of suits.- (1) No Civil Court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation to a dispute that any property is not a public property, or that any lease or license in respect of such public property has not been determined, for the purpose of this Act, or anything done or intended to be done under the Act.

(2) All suits, appeals and applications relating to, encroachment and dispute that any property is not a public property or, that any lease or license in respect of such property has been determined, for the purpose of this Act, shall abate on coming into force of this Act:

Provided that a party to such suit, appeal or application may; within thirty days of the coming into force of this Act, file a suit a before a Tribunal in case of a dispute that any property is not a public property or that any lease or license in respect of such public property has not been determined.

12. Tribunal.- (1) Government may by notification in the official Gazette, establish a Tribunal and specify the area in which such Tribunal shall exercise its jurisdiction.

(2) Government may appoint a District Judge, Additional District Judge or District Magistrate or Additional District Magistrate with experience of not less than tree years as such Magistrate as a Tribunal.

13. Exclusive jurisdiction.- A Tribunal shall be exclusive jurisdiction to adjudicate upon a dispute that any property is not public property or that any lease or license in respect of such public property has not been determined for the purpose of this Act.

14. Procedure and Powers of the Tribunal.- (1) Tribunal shall decide any suite or application in such manner and in accordance with such procedures as may be prescribed.

(2) Any order made by the Tribunal which conclusively determines the rights of the parties with regards to all or any of the matters in controversy shall be final and binding on the parties.

(3) The Tribunal shall have powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), as to-

(a) Summoning and enforcing the attendance of any person and examining him oath;

(b) receiving evidence on affidavit;

(c) compiling the production of documents;

(d) issuing commission for examination of witness or documents.

(4) The proceedings before the Tribunal shall be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act LV of 1860).

15. Transfer.- Government may transfer any case from one Tribunal to the other.

16. Indemnity.- No suit or legal proceeding shall lie against Government or any authority or person in respect of anything which is intended to be, or has been done under this Act.

17. Power to make rules.- Government may make rules for carrying out the purpose of this Act.

18. Repeal.- The West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance, 1966 and the West Pakistan Autonomous Bodies Immovable Property (Ejectment of Un-authorised Occupants) Ordinance, 1965, are hereby repealed.

Whereas there exists a shortage of drinking water in Karachi Division, and whereas it is expedient to provide for measures to ensure equitable and efficient distribution of water in Karachi Division.

Now, therefore, in exercise of the powers conferred by Martial Law Order No. 3, promulgated by the Chief Martial Law Administrator, the Martial Law Administrator Zone ‘C’ is pleased to make and promulgate the following Martial Law Order;-

1. (1) This Martial Law Order shall be called the Supply of drinking water (Karachi Division) Order.-

(2) It extends to the whole of Karachi Division.

(3) It shall come into force at once.

2. In this order, unless there is anything repugnant in the subject or context:-

(a) “Authority” means the Karachi Development Authority;

(b) “Authorized Officer” means an officer, authorized by the Government as the General Manager;

(c) “Board” means the Karachi Water Management Board established under the Karachi Water Management Board, Ordinance 1981 (Sindh Ordinance X of 1981);

(d) “General Manager” means the General Manager of the Board and includes any person discharging the duties of the General Manage for the time being;

(e) “Government” means the Government of the Province Sindh

3. The authority shall provide to the Board a minimum quantity of 206 million gallons of water per day for distribution as per schedule to be issued by the Board from time to time;

Provided that if at any time the authority is unable to provide the stipulated quantity of water to the Board, it shall inform the Board in writing as soon as possible giving out reasons thereof.

4. The General Manager, or the authorized officer as the case may be, shall where the water is to be supplied by means of tankers, fix the rates, from time to time, to be charged from the consumers per tanker or for part thereof and no person shall collect or pay higher rates then those fixed.

5. The Karachi Electric Supply Corporation shall as for as practicable provide uninterrupted electric supply to all water supply installations and in case of any failure shall within 12 hours inform the Board in writing of the reasons thereof.

6. The drinking water supplied by the Board shall not be used for:-

(1) Swimming Pools except for the purposes of official sports with prior permission of the General Manager;

(2) Construction for multi-storyed buildings where a tube well is required to be installed as per existing law, rules or instructions;

(3) Agricultural purposes where facility of under ground water through a tube well or any other source is available, and;

(4) For any purpose not authorized or which is liable to wastage of water.

7. The General Manager or the authorized officer as the case may be, may, after informing the occupant or the owner, enter any premises to inspect or verify the presence of unauthorized connections or devices of drawing water.

8. No person shall tamper with the water supply system by installation of suction pumps or tap water mains or distribution lines by means of unauthorized connections, or draw water in excess of authorized quantity, or cause damage to any part of public water supply system including pipe lines, public water supply stand posts, hydrants, water tankers and connected infrastructure or interrupt in any other manner the normal supply of water.

9. No person or functionary concerned or dealing with water supply, particularly a valveman, hydrant man, water tanker driver or supervisor, shall commit any act which results in a variation or interruption of the schedule or results in wastage or wrongful or unauthorized supply of water to any persons, institutions established or locality.

10. The Government may be notification in the official Gazette make rules for the purpose of carrying into effect the objects of this order and such rule shall be deemed to form part of this order.

11. Whoever contravenes any provision of this order or whoever in any manner or by any means whatsoever, interrupts or impedes the water supply or obstruct in any manner whatsoever any person acting under the directions of the authority, Board General Manager or the Government shall on trial be liable to be punished with such punishment as is provided in MLR 14.

12. Martial Low Order No. 63 is hereby cancelled without prejudice to any action which may have been taken thereunder.

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KARACHI Lieutenant General

Dated: 22.6. 1982 Martial Law Administrator Zone ‘C’

(S.M. Abbasi)

No. SKAA/ADM/NOT/220/1240. In exercise of the powers conferred under Section 41 of the Sindh Katchi Abadis Act 1987, (Sindh Act No. 1; of 1987) and in suppressions of all previous orders, directives and instructions issued in this behalf, the Sindh Katchi Abadis Authority make the following Regulations:

1. Short title and Commencement.- (1) These regulations may be called the “SINDH KATCHI ABADIS AUTHORITY, (REGULATION, IMPROVEMENT, AND DEVELOPMENT) REGULATIONS 1993”.

(2) They shall come into force at once.

2. Definitions.- (1) In these regulations, unless the context otherwise provides, the following words shall have the respective meaning assigned to them us under:

(a) “Act” means the Sindh Katchi Abadis Act. 1987;

(b) “Authority” means the Sindh Katchi Abadis Authority established under Section 4, of the Act, 1987;

(c) “Amelioration Plan” means the improvement plan of a katchi abadi;

(d) “Committees” means the department advisory or working committees constituted by the Director General;

(e) “Council” means the metropolitan or municipal corporation, municipal committee or town committee;

(f) “Dwelling unit or housing unit” means a structure where an occupant is residing;

(g) “Government” means Government of Sindh;

(h) “Katchi Abadi” means a katchi abadi declared under Section 19, Sub-Section 1 of the Act;

(i) “Original unauthorized occupant” means a person who occupied land prior to 23rd March 1985 but holds no documentary evidence;

(j) “Present unauthorized occupant” means a person who has occupied a piece of land in katchi abadi un-authorisedly after 23rd March, 1985 or is a non-occupant of land belonging to an “original unauthorised occupant;

(k) “Regularization” means the regularization of land in any katchi abadi, by the authority under a regularization scheme, prepared under the Act;

(l) “Scheme” means scheme prepared by the Authority under Section 21 of the Act;

(m) “Section” means a section of the Act, 1987.

(n) “Schedule” means a schedule attached to the regulations;

(o) “Shiftee” means an unauthorized occupant who is not accommodated in the katchi abadi and is therefore required to be shifted to any other location under other scheme.

(p) “Unauthorised occupant” means a person who has been occupying any piece of land in any katchi abadi unauthorisedly from any date before 23rd March 1985;

(2) Every katchi abadi consisting of 40 (forty) or more dwelling units which fulfils the requirements laid down under the Act, after reconnaissance survey of such katchi abadi and listing such unauthorized occupants prior to 23-3-1985, shall be included in the MASTER LIST.

(3) The Authority may ask the unauthorized occupants to submit the following documents in order to prove their occupancy of land in the katchi abadi prior to 23rd March, 1985:-

(i) NIC;

(ii) Name in the voters’ list of the area pertaining to of 1985 or prior to that;

(iii) Electric, gas, telephone bill, if any;

(iv) Ration card issued prior to 23rd March 1985 on the present address;

(v) Area school certificate;

(vi) Any type of license (arms, driving etc.) issued prior to 23rd March 1985 on the address of plot in katchi abadi;

(vii) Death certificate showing the address of the deceased occupant;

(viii) Birth Certificate of the occupant born prior to the date fixed by the Act, with address of the katchi abadi;

(ix) Any other document (s) as required by the Authority;

4. Requirements before issue of notification.- (1) Before issue of a notification for declaration of katchi abadi, under Section 19, sub-section 1 of the Act, the Authority shall take into consideration the following;

(i) Status of katchi abadi in the Master List prepared by the Authority;

(ii) Status of land ownership as laid down in Section 19, of the Act, including the land belonging to any local council;

(iii) Revenue details of the land as per ecord of rights;

(iv) Physical survey of the area;

(v) Total area to be regularized and its clear demarcation;

(vi) Any other requirement which the Authority deems fit.

(2) The notification shall be issued by the Director General under his signature and seal.

(3) The Authority shall remove the encroachment in the katchi abadis as required under the Act.

(4) Rectification of errors in notification.- If any subsequent time, any error or discrepancy is found in the earlier issued notification relating to the area, ownership of land, location or boundaries, the Authority shall issue a revised or modified notification to this effect after completing the following formalities:

(a) A factual report shall be submitted by the concerned Director of the Divisional Office with full justification for revision or modification in the earlier notification, for consideration by the committee concerned.

(b) The report of the findings and recommendations of the committee shall be submitted to the Director General;

(c) The corrigendum or revised notification shall be issued by the Director General;

5. Preparation of Regularisation Scheme.- The Authority shall prepare or cause to prepare, after issuance of notification of a katchi abadi, a Regularisation Scheme for the katchi abadi as required under Section 21 of the Act.

6. Requirements of Regularisation Scheme.- (1) The Authority for the preparation of a regularization scheme shall undertake:

(a) A detailed physical survey of the katchi abadi and a detailed map on an appropriate scale;

(i) Total number of plots with numbering and their sizes;

(ii) Land use characteristics of the area including open spaces to be marked on a map of appropriate scale;

(iii) Type and level of services available;

(b) An occupancy survey of dwelling or housing units in the katchi abadi with a complete list of occupants residing on or before 23rd March, 1985, and issuance an occupancy survey card to the occupants to freez further encroachment;

(c) Any other survey necessary for the preparation of the Plan;

7. Contents of a Regulations Scheme.- The regularization scheme besides containing the information as required under the section 21 (4), of the Act shall also contain;

(b) Removal of encroachment, if any;

(c) Method of financing of the scheme;

(d) Registration of regularization documents;

(e) Preparation of amelioration Plan to improve the existing services like water supply, sewerage, electricity, gas, telephone, health, education, roads and other necessary services;

(f) Size of plots, minimum and maximum;

(g) Policies for involving Non-Government Organisations (NGOs) in the improvement of katchi abadi, if any;

(h) Any other information required by the Authority;

9. Invitation of Public Objection.- After preparation of the amelioration plan, an announcement should be made in the area concerned for inviting objections within the prescribed period.

10. Committee to examine the draft plan and objection.- (1) A committee constituted by the Director General (consisting of officials of the Authority) shall examine the draft scheme alongwith the objection.

(ii) The committee shall provide an opportunity to the person(s) who submitted objections to appear before the committee concerned and place the objections before it for a decision;

(iii) The committee may suggest amendments or approve the scheme and submit the same to the Director General;

(iv) The Director General shall consider the amendments and the objections and shall decide accordingly;

(v) When any building is required to be demolished according to the approved development scheme, the Authority shall compensate the owner in shape of allocating a minimum size open plot.

11. Approval of Scheme by Govt.-The final Regularisation scheme shall be submitted to the Government for approval as required under Section 21 of the Act, which shall preferably approve or suggest amendments within on month of submission of such a scheme if no action is suggested by the Government, the Director General shall be deemed to have been authorized to approve such scheme (s).

12. Development Scheme.- The Authority may itself or through consuitant(s) prepare a development scheme. Such development scheme may provide all or any of the following matters:

(a) Housing, re-housing including low cost housing;

(b) Community facilities including water supply with distribution network, underground sewerage including disposal system, treatment plant, electricity supply, gas and other public utilities, where required;

(c) Improvements of existing roads & streets and opening of new streets;

(d) The closing alteration or demolition and improvement of dwelling units or portion(s) thereof unfit for human habitation;

(e) Parks, playgrounds or other open spaces;

(f) Reclamation of land for markets and gardens or any other matter related with the development scheme.

13. Preparation of a Development Scheme.- While preparing the scheme, the Authority shall take into consideration:

(a) The existing community facilities available in the katchi abadi, and the physical survey;

(b) The level of income of various group (s) and their affordability level;

(c) The nature and level of services(s) available in neighbouring or adjoining areas;

(d) Capacity of the community and NGOs of the area for participation in the development process starting with planning, implementation and maintenance of services;

(e) Any other information the Authority thinks appropriate.

14. Contents of Development Scheme.- The Development scheme besides requirements laid down in Section 21 (4) of the Act shall cover;

(a) The total cost of the scheme including cost of land, cost of development (both internal and external) and the cost which shall be recovered from the occupants of the katchi abadi in any shape including lease charge;

(b) Wherever necessary the external water supply and sewerage disposal shall be financed by the Authority. On receipt of a request from the community, the Authority shall assist them in designing and supervising the work of internal development. The expenditure for internal development shall be borne by the community concerned.

(c) Any other requirements as the Authority thinks fit.

15. Public Participation in Preparation of Development Scheme.- The Authority may constitute a committee consisting of officers of the Authority, community leaders and representatives of Non-Government Organisations of the area, if any, to assist the Authority in preparation of the development scheme;

(b) The Authority may implement the approved development scheme itself or through the concerned local council or through any agency, under overall control and supervision of the Authority.

16.(a) When such a scheme has been approved, no person shall, without the permission of the Authority, erect, re-erect, add, or alter any building, or wall or any projection beyond the street alignment or beyond the building line shown in any plan so adopted by the Authority;

(b) When any building is required to be demolished according to the approved development scheme, the Authority shall compensate the owner in shape of allocating a minimum size open plot;

17. Matters to be provided for by Improvement Scheme.- An improvements scheme may provide for all or any of the following matters namely;

(a) The clearance or improvement of congested areas;

(b) The construction of house, flats and other kind of residential premises and of industrial, commercial and other building for community facilities such as schools, dispensaries etc;

(c) The closing, alteration of demolition of any dwelling or portion thereof unfit for human habitation;

(d) The demolition of buildings inconsistent with the approved scheme;

(e) The construction and re-construction of any building by the Authority or by the owner or by the Authority on default by the owner;

(f) The sale, lease, exchange or disposal in any other manner of any property vested in or acquired by the Authority;

(g) The leveling, paving, metalling, flagging, channeling, sewerage, draining of the streets so constructed or altered, and the provision therein for lighting and sanitary facilities;

(h) Sanitation and conservancy for the area comprised in the scheme, including the prevention of contamination to rivers and canals and other sources means of water supply;

(i) Drains and sewers for the improvement of any ill-drained or in-sanitary locality;

(j) Means of access and communication;

(k) Re-claimation of land, the raising, lowering, leveling of the land;

(l) The recovery of betterment fee from owners of properties improved by the scheme as under Section 27 of the Act;

(m) Any other matter for which in the opinion of the Authority, it is expedient to prepare or scheme.

18. Producers to be followed for framing scheme.

(a) The Authority may or through any other agency prepare the schem;

(b) The Authority shall established a committee consisting of officials of the Authority, representatives of the area and representatives of non-government organization, if any, to assist in framing the scheme.

19. Matters to be considered for framing scheme.- When framing an improvement scheme, the Authority shall have regard to:

(a) The nature and the conditions of neighbouring areas of the city as a whole;

(b) The directions in which the city appears likely to expand; and

(c) The likelihood of improvement schemes for other parts of the city.

20. Combination of improvement scheme.- The Authority may at any time include in a combined scheme, the improvement schemes framed or proposed to be framed for two or more adjoining katchi abadis.

21. Procedures.- (1) At the initial stage of regularization of katchi abadis, the “unauthorized occupiers,” shall be issued an application form prescribed by the Authority which shall contain all necessary information, and documents to be produced alongwith the application. Procedures for formalities are shown in Scheduel A of the Katchi Abadis Regulations 1993.

(2) The application shall be submitted to the Authority within the prescribed period.

(3) Regularisation shall be done according to the approved scheme of the katchi abadi.

(4) Bifularisation or amalgamation of the Plots shall be done according to planning policies laid down for the katchi abadis.

(5) If an occupant is in possession of more than one housing or dwelling units, only one housing or dwelling unit shall be regularized and the rest shall be disposed of as per procedures lad down by these regulations.

(6) While disposing of the units under sub-section (5), preference will be given to blood relations of the owner.

(7) If the occupant listed in occupancy list has died, legal heirs of the deceased shall be considered for issuing individuals or a joint lease, as the case may be, provided the heirs prove that they reside in the same premises.

(8) All open and amenity plots in the notified katchi abadi meant for hospitals, schools and religious institutions and other scheme of the Authority etc. shall be allotted preferably to the philanthropic societies or organizations, if any established for the charitable or other purpose, through committee established by the Director General on the prescribed terms and conditions.

(9) Industrial or commercial establishment(s) which produce environmental pollution shall not be regularized.

(10) No industry which produces hazards to life and environments of the katchi abadi shall be allowed to be established.

(11) Prescribed fee shall be charged by the Authority for re-measurement, in case the occupant is not satisfied with the measurement taken by the Authority. The measurement shall be taken in the presence of the occupier or his/her representative.

(12) If a bonafide, occupant enlisted in the occupancy list desires to substitute his/her name with the name of his/heirs, a surcharges of 25% on the total amount of the occupancy challan shall be charged.

(13) If there is an additional area adjacent to the plot, it shall be first offered to the occupant of the plot on the market value as given in Schedule C of the regulations otherwise it will be disposed of through public auction.

(14) In special cases exemption from payment of lease money and development charges shall be given to the orphans, widows, handicapped and infirm persons who have no source of income provided the recommendations from the Divisional Officer of the Authority and Certification from atleast to notables of the community namely the Chairman Local Zakat Committee, MNA MPA or Councillor of the area etc. are submitted. This exemption shall be subject to the clearance by the committee concerned.

(15) In case the unauthorized occupant has no documentary evidence relating to his possession prior to 23rd March, 1985, the Director or Deputy Director shall inspect the unit in question to asses the situation. He shall collect evidence from the residents living prior to 23rd March, 1985, and after making such enquiries on the spot decide such claims on case to case basis. If it is proved that the applicant is fresh encroacher, he/she may be served notices for removal of such encroachment otherwise the minimum market rate be charged according to the provision at foot note 4, of Schedule C, of the Sindh Katchi Abadis Regulations, 1993.

(16) Lease to the owner shall be granted only when he/she clears all dues of the Authority.

22. Conversion of amenity plots to other uses.- (1) The Authority shall, immediately after any scheme is sanctioned under the provision of the Act, submit to the Commissioner of the concerned of the concerned Division the details including the survey numbers, areas and location of each plot reserved for roads, hospitals, schools, colleges, libraries, playgrounds, gardens, parks, community centres, mosques, graveyards or such other purpose and the Commissioner shall notify such details in the Official Gazette.

(2) The Authority or any other body may at any time prior to the utilization of any plot reserved for the purpose mentioned in sub-regulation (1), shall recommend/apply to the Commissioner for conversion of such plot to any other purpose.

(3) The Commissioner shall, on receipt of an application under sub-regulation (2), invite objection from the general public through a notice in a vernacular leading local daily newspaper and the objections, if any shall be submitted to the Commissioner within 30 days. He shall also call for the recommendations of the Authority on such an application.

(4) The Commissioner shall, after considering the objections received under sub-regulations (3), and hearing such persons as he may consider necessary, forward his recommendations alongwith the application and other connected papers to the Chairman S.K.K.A/Government for orders.

(2) Every lease deed shall be registered with the Register on the form prepared by the Authority for this purposes under the Registration Act 1908 (16 of 1908).

(3) The Authority may cancel the lease in case of breach of any condition by the lesee and resume the plot.

(4) The challan(s) to the occupant(s) shall be issued by the Divisional Officer or his nominee, in respect of cost of land, development and other charges, before issuance or registration of lease documents.

(5) Lease rate of various categories such as residential, residential-cum-commercial, commercial, industrial, amenity etc. for different sizes of plots shall be chargeable in the following three categories:

(i) Municipal Corporation (Karachi, Hyderabad, Sukkur)

(ii) Municipal Committee

(iii) Municipal Committee for small towns and Town Committees.

(6) Lease rates for different categories and sizes of constructed units as shown in Schedule B of the Sindh Katchi Abadis Regulations 1993, shall be charged subject to revision and when required.

(7) Fees for transfer of lease/permission to mortgage/mutation etc. shown in schedule C of the Sindh Katchi Abadis Regulations 1993, shall be charged subject to revision from time to time.

(8) The minimum market rate shall be double of the rate of different categories of various sizes of plots, falling within the jurisdiction of Karachi, Hyderabad, Sukkur and Larkana Divisions, and shall be charged proportionally double for the part area, exceeding beyond a category sizes plots upto its next stage.

(9) Notice(s) shall be served to person (s) who fail to pay the lease challan during the period of 15 days.

(10) A penalty of minimum 1% shall be imposed on those defaulter(s) who fail to make payment within the specified time.

(11) If any occupant fails to make payment inspite of the notice (s) issued by the Divisional Office, action or his/her ejections shall be taken under Section 11, sub section 7 of the Act.

(12) If at any later stage it is disclosed that the challan was issued on the basis of fictitious documents, and sufficient proof in this respect has been obtained, the challan shall be cancelled after issuance a 7 days notice. The amount shall be forfeited by the Authority and penal action in the relevant law shall be taken against such a person and the employee of the Authority responsible.

(13) If an occupant informs that the original challan issued to him/her has been lost, a duplicate challan shall be issued by charging a fee of Rs. 100.00.

24.- (1) The Governing Body or the Director General of Authority, if authorized may revise the approved rates fees, charges etc. from time to time which shall be recovered from the occupant(s) either in lump sum or in installments. Maximum 4 installments shall be granted but the entire lease money shall be payable within a period of one year.

(2) The lease shall be executed between the allottee and the concerned Divisional Officer or his nominee on behalf of the Authority, as soon as the development charges and the cost of land has been fully paid by the allottee(s) in accordance with the terms & conditions of the lease deed.

25. Land Rent.- The lease shall pay to the lessons an annual land rent at the rate of thirty (30) paises per sq.yd per annum in advance, in the month of July of every year in respect of the plot. If the annual rent is not paid on the due date, surcharge at the rate of 15% of the rent fixed shall be charged by the Authority and shall be recoverable as arrears of land revenue. The surcharge may be revised by the Authority at any time.

26. Transfer of the Lessee’s Right.- (1) The lease shall be transferable to any person or agency and also by way to inheritance or mortgage to the House Building Finance Corporation, or a Schedule Bank for receiving house building loans, as per Government policy subject to issue of no objection certificate by the Authority on application by lessee on payment of fees which shall not be less than Re. 1/= per sq. yd. or as fixed by S.K.A.A. from time to time.

(2) The lessee will be at liberty subject to condition at (1) above, to sell, assign, mortgage or otherwise transfer his rights under this lease, but such transfer shall in every case take place subject to these terms and conditions and bye-laws at that time in force. Provided that the liability of such transfer under this lease shall continue during the currency of this deed.

(3) Every transfer by the lessee in any manner of the lessee in any manner of the lessee’s right shall be subject to the clearance of all outstanding dues including improvement charges in addition to all fees, rents, levies, taxes, charges, what-so-ever including the un-paid installments of improvement/lease money, if any, payable or due to the Authority at that time.

(4) The plot shall not be sub-divided or amalgamated without prior approval of the Authority and subject to such terms and payment of fees as fixed by the Authority from time to time.

27. Observance of other regulations in force.- (1) The said plot of land and the structure standing thereon shall be subject to all taxes, rates and charges at that time in force.

(2) The lessee shall comply with and observe building bye-laws and regulations as may be in force from time to time.

28. Use to the plot.- (1) The said plot and the structure(s) or building(s) built thereon shall be used for the purpose as per lease deed and shall not be used for any other purpose without the express and prior consent of the lessors in writing.

(2) If the plot(s) is required to be used for any other purpose than leased, the lessee should apply for conversion of the title of the plot, for which conversion charges fixed by the Authority shall be charged.

(3) Conversion charges fixed by the Authority shall be final.

(4) If the land adjoining the said plot(s) is the property or in occupation of the lessors or the Government, the lessee shall no open any windows, doors or other openings overlooking or trespassing on, or in any way interring with such land except with the previous permission of the lessors or the Government as the case may be.

(5) The lessee shall maintain proper and effective arrangements for the disposal of debris and other wastes, and shall at his own cost connect the house drainage system to the nearest public sewer, with prior permission from the concerned department.

(6) The lessee shall keep the said plot and the buildings and structure in clean and sanitary conditions according to the directions of the Authority or any officer authorized by it in that behalf.

(7) The lessee shall permit the lessors, at all reasonable times to enter upon the plot and buildings for purposes of ascertaining the observance of these regulations or maintaining, testing or repairing services mains, pipes, cables, drain sewer or culverts as may be necessary or as occasions may require.

(8) The lessee shall abide by all the bye-laws of utility organizations and not interfere with such services without proper authorization.

(9) The lessee shall indemnify the lessor, in case of any adverse decision of the competent Court of law in case of dispute over the ownership of the plot referred to herein.

29. Resumptions of the plot by the lessors.- Upon resumption of the plot, to the said plot of land shall stand ceased. The lessee shall remove the structure/building and materials from the said plot immediately on receipt of resumption order from the lessor. In case of his/her failure to remove the structure & building materials within the prescribed time, the same shall be deemed to have become the property of the lessor, who shall be authorized to dispose of the same.

30. Renewal of lease.- (1) On the expiry of the period of the lease, the lessors at its discretion shall renew the lease(s), under prevailing rules, for such further period and upon such revised terms as the lessors may determine subject to payment of such premium and land rent as may be determined by the lessor at that time.

(2) Should the lessee not desire such renewal, or not give his consent to any of the conditions intended to be imposed by the lessors as aforesaid, the said plot shall revert to the lessor, and all buildings, structures, building-materials etc. thereon shall become the property of the lessor. The lessee shall however, have the right to remove all such buildings, structures, building materials as are his/her property. Any building structure, building materials not removed within the period specified by the Authority shall become the absolute property of lessors, free from all encumbrances whatsoever.

31. Cancelllation of lease by way of fraud.- The Authority shall have the powers to terminate the lease by giving one month’s written notice, if it has been proved or reported with supporting evidence, documents(s) or otherwise, that the lease obtained fraudulently on the basis of fictitious or bogus document(s). After that a reference shall be made to the Court of component jurisdiction for further action relating to cancellation of lease.

32. Removal of Encroachment.- (1) Divisional Officer, or an officer authorized by him, may by a notice, require the person directly or indirectly responsible for encroachment, to remove such encroachments(s) together with structure(s), if any, raised by him on the public property and in the katchi abadi within such period as may be specified in the notice.

(2) Any person aggrieved with such a notice issued under (1), may appeal to the Director General who shall hear the person, and pass such orders as he may consider appropriate. His orders shall be final.

(3) The Divisional officer shall be responsible to stop the encroachments in the katchi abadi and shall take immediate action for their removal.

(4) The notice shall be issued by the Divisional Officer to the encroacher, to remove such encroachment(s) together with the structure, if any, within such period as may be specified in the notice.

(5) Notice shall be served to the occupant to voluntarily demolish the structure or a part therof which is affected by the amelioration plan, within the period of 15 days. After the lapse of that time, the Divisional Officer, with the help of civil administration shall remove the affected portion at the risk and cost of the occupant.

(6) If any officer authorized to take action under this chapter requires police assistance in exercise of his powers, he may send as requisition to the officer incharge of concerned police station who on receipt of such requisition shall render the required assistance.

(7) In case there is mutual agreement to demolish the house(s) or structure(s) it shall be implemented within 15 days from the date of agreement.

(8) The structure(s) in existence before the preparation of development or improvement scheme on any reservations or amenity areas required for implementation of the scheme shall be demolished subject to the condition that the affectees shall be relocated and rehabilitated. Sufficient time will be given to the owner for removal of such structures.

(9) If a affected by an approved scheme, original unauthorized occupant may be resettled by providing an open plot of not less than 80 sq.yd. in area, preferably within the same katchi abadi depending on the availability of land on the rates as mentioned in Schedule C of Sindh Katchi Abadis Regulations 1993. No cash compensation shall be given except the provision of an open plot mentioned above.

33.- (1) The department committee(s) may be constituted by the Director General with such powers and to perform such functions as laid down by him. Such committee(s) may be called advisory or working committee(s).

(2) Director General may seek cooperation of non-governmental organization(s) to facilitate regularization and development programme wherever necessary. Technical support may also be provided to such organization(s) who undertake development work on self-help basis.

(3) All development or upgradation work shall be self-financing.

(4) In katchi abadis where any improvement in prescribed services is essential, development and regularization work shall proceed simultaneously. Income from regularization shall finance the development work, completing both the activities in a fixed period. For this purpose cash flow charts shall be prepared and communities taken into confidence before starting the work.

(5) The Authority may create and evolve models/strategies for solving the problem(s) relating to regularization, improvement and development of katchi abadi(s), so that they become a demonstration and training area for local council(s) and other concerned agencies.

(6) Divisional Officer shall issue no objection certificate to the agencies concerned for the provision of basic service(s) after proper scrutiny in accordance with the provision(s) of the Act and the regulations for development or improvement schemes.

(7) Till such time rules under Section 4 of the Act are framed and approved by the Government, PWD rules pertaining to enlistment of contractors, execution of works and payments etc. shall be followed by the Authority.

(8) The administrative approval of the scheme for execution shall be issued by the Director General after clearance of such scheme by the committee concerned.

(9) The technical sanction on the execution of scheme shall be accorded as per delegation of powers defined in Schedule D of the Sindh Katchi Abadis Regulations 1993.

(10) The portfolio of the scheme shall be approved by the Chairman, S.K.A.A. or the Secretary of the administrative department.

(11) If any type of irregularity is found in regularisation, improvement and development work, the case shall be presented before the committee concerned for appropriate action.

(12) If any difficulty arises in giving effect to any clause of the regulations, the Director General may pass such order(s) as may appear necessary, subject to postfacto approval of the governing body of the Authority or the Government, as the case may be.

34. Institution of Suits and Compounding.- The Director General may:

(a) Institute, defend or withdraw form any legal proceedings under this Act;

(b) Compound any offence against this Act or the rules made there underin;

(c) Admit, compromise or withdraw any claim made under this Act or the rules made thereunder.

35. Notice of Suit Against the Authority.- No suit shall be instituted against the Authority or any member or any person associated with the Authority or against any servant of the Authority or against any person or person acting under the directions or authority of the Chairman or of any officer or servant of the Authority in respect of any act purporting to be done under this Act or the rules or regulations made thereunder until the expiration of two months from the delivery of a written notice at the Authority office.

36. Surveys and Power of Entry for Surveys.- (1) The Authority may collect all such information and statistics, survey of land etc. necessary for carrying out the purpose of this Act.

(2) Any person either generally or specially authorized by the Chairman or the Director General in this behalf may with or without assistance or workmen enter into or upon any land in order:

(a) To make any inspection, survey, measurements, valuation or enquiry;

(b) To take levels;

(c) To dig or bore into the such soil;

(d) Te set out boundaries;

(e) To do any other thing which is necessary to do so provided that:

(i) Such entry shall be made between sunset and sunrise and sufficient notice not less twenty four hours served.

(ii) The Authority shall not be responsible for any damage that may be caused in connection with work done sub- regulation ( II ).

-SD-

(TASNEEM AHMED SIDDIQUI)

DIRECTOR GENERAL

SKAA

No. SKAA/ADM/NOT/220/1249 Karachi, Dated 20th November, 1993.

A copy is forwarded for information and necessary action to :

1. The Secretary LG,PHE,RD & katchi abadi department, Government of Sindh

2. The Superintendent, Sindh Government Printing Press, Karachi for publication in the EXTRA ORDINARY GASETTE and to supply 200 copies thereof.

-SD-

(TASNEEM AHMED SIDDIQUI)

DIRECTOR GENERAL

SKAA

SHEDUEL-A

After issuance of order for starting regularization/lease work in katchi abadi, the following steps shall be taken:

(1) Issuance of prescribed application form to the bonafide “unauthorized occupant of plot” of katchi abadi as per occupancy list and scheme.

(2) To receive the files from the “unauthorized occupant” after completion of the formalities like documents showing their possession prior to 23rd March, 1985.

(3) Scrutiny of the documents submitted by the occupants.

(4) Site verification

(5) Issuance of challan as per the category and size of plots at the approved lease rate.

(6) After payment of challan the lease documents shall be issued by the Director or Dy. Director to the payee for registration of lease.

[Gazette of Sindh, Extraordinary , part I, 22nd April, 1980]

No. S. Legis. 1(7)/80.- The following Ordinance by the Governor of Sindh is hereby published for general information:

Preamble.- Whereas it is expedient to regulate the disposal residential plots and flat sites in the Province of Sindh:

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, and the Laws (Continuance in Force) Order, 1977, the Governor of Sindh is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement.- This Ordinance may be called the Sindh Disposal of Plots Ordinance, 1980.

(2) This section shall come into force at once and the remaining provisions shall come into force in such area or areas on such date or dates as Government may by notification specify.

2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context-

(a) “autonomous body” means an autonomous body under the control of Government and established under any law for the time being in force;

(b) “civil servant” means a civil servant as defined in the Sindh Civil Servants Act, 1973;

(c) “construction company” means a construction company, which is licensed as a builder under the Sindh Building Control Ordinance, 1973;

(d) “dependent” means the dependent wife or husband, at the case may be, and children including step children;

(e) “flat site” means a plot reserved for construction residential or commercial flats in any scheme;

(f) “Government” means the Government of Sindh;

(g) “prescribed” means prescribed by rules;

(h) “professional” means a lawyer, journalist, architect, accounting, engineer, doctor including any other person declared as such by Government but excluding a civil servant, employee of an autonomous body or Federal Government employee;

(i) “residential plot” means a plot reserved for constructing residential building in any scheme;

(j) “scheme” means a housing scheme sponsored by Government, a local authority or any other autonomous body for providing plots to the public for housing purpose.

(k) Schedule” means the Schedule to this Ordinance;

(l) “shiftee” means a person required to be shifted from the land occupied by him.

3. Disposal of plots.- The disposal of plots under any law for the time being in force shall be subject to the provisions of this Ordinance and the procedure laid down in or under such law shall stand modified to the extent of the provisions of this Ordinance.

4. Size of residential plots.- No residential plot shall, as far as possible exceed one thousand square yards in area.

5. Division and disposal of residential plots.- (1) The residential plots not exceeding four hundred square yards shall be divided into the categories specified in the Schedule and be disposed of to the personas mentioned therein according to the reservations made for them in the said Schedule.

Provided that a marginal adjustment due to the situation of any plot upto ten percent of the area shall be permissible.

(2) The plots reserved for defence personnel under sub-section (1) shall be placed at the disposal of the General Headquarters for allotment to such persons and in such manner as it deems fit.

(3) Government may at any time modify the Schedule in any manner, as it deems fit.

6. Disposal of plots by auction.- Unless otherwise directed by Government no residential plot exceeding four hundred square yards in are shall be disposed of except by auction.

7. Eligibility.- (1) No person shall be eligible to apply for a residential plot under Section 5, if he or any of his dependence owns a residential plot, flat or house in any District Headquarter town in Pakistan.

(2) No civil servant or employee of an autonomous body or Federal Government employee who has less than fifteen years service as such at his credit or has retired from service by way of punishment, shall be eligible to apply against the quota reserved for such civil servant or employee under Section 5.

8. Application for allotment.- No application for allotment of a residential plots shall be entertained unless-

(i) it is accompanied by an affidavit to the effect that neither the applicant nor any of his dependents owns a residential plot, flat or house in any District Headquarter Town.

(ii) in the case of a civil servant or employee of an autonomous body or Federal Government employee it is received through their respective heads of Departments or offices duly certified that he has fifteen years service at his credit;

(iii) in case of retired civil servant, employee of an autonomous body or Federal Government employee, it accompanied by a copy of retirement Order and an affidavit to the effect that he has not retired by way of punishment;

(iv) in the case of the professionalist is received through Departments or institutions specified by Government.

9. Flat sites.- (1) Unless otherwise directed by Government upto fifty percent of the flat sites may be disposed in accordance with prescribed procedure on the reserved price to the-

(i) financial sound Construction Companies having experience in construction of flats with unblemished past, for construction of housing units of seven hundred square feet or below of covered area for people of low income group specified by Government at a price predetermined by the authority appointed as such under the Sindh Buildings Control Ordinance, 1979;

(ii) Government or Semi Government Organisation mainly on the condition that such sites shall be utilized for housing their employees or for any other similar purpose but shall in no case be sublet.

(2) The flat sites remaining to be disposed of after allotment under sub section (1) shall be disposed of by auction amongst the Construction Companies.

10. Disposal of Applications.- (1) If the number of applications for any category of plots exceeds the number of plots available, the plots in such category shall be allocated ballot.

(2) No person shall be allotted more than one plot.

11. Supervision.- The Karachi Development Authority and Hyderabad Development Authority in relation to the schemes sponsored by them and the District Housing Committees appointed by Government of Sindh in relation to other schemes, shall supervise the implementation of this Ordinance.

12. Commercial plots.- Commercial plots will be disposed of by the District Housing Committee / Development Authority through public auction only.

13. Amenity / Public utility / Industrial Plots.- Amenity / Public utility / Industrial Plots will be disposed of by the District Housing Committees / Development Authorities in accordance with the rules prescribed in this behalf by Government.

14. Rules.- Government may make rules for the purpose of giving effect to the provisions of this Ordinance

15. Relaxation.- Any provision contained in this Ordinance may be relaxed in any case if Government is satisfied that strict application thereof, would cause Lordship in that case or is otherwise expedient.

The categories of residential plots and reservations I respect thereof.

1. Residential plots upto 80 square yards:

(a) general public by ballot 60%

(b) civil servants and employees of

autonomous bodies up to Grade 10. 8%

(c) retired civil servants and retired employees 2%

of autonomous bodies upto grade 10 and

their widows or orphans.

(d) defence personnel 5%

(e) on compassionate ground and cases of 5%

hardships approved by Government

(f) shiftees 20%

2. Residential plots of area exceeding 80 square yards but not exceeding 120 square yards;

(a) general public by ballot 75%

(b) civil servants and employees of autonomous 12.5%

bodies from Grade 11 to Grade 16.

(c) retired civil servants and employees of 12.5%

autonomous bodies from Grade 11 to Grade

16 and their widows or orphans

(d) Defence Personnel 5%

(d) Federal Government employees including 5%

retired employees of Federal Government

upto Grade 16 and their widows or orphans.

3. Residential plots of area exceeding 120 square yards but not exceeding 400 square yards.

(a) general public by ballot 65%

(b) civil servants and employees of autonomous 8%

bodies (Grade 17 and above) and Judges of

the High Court.

(c) retired civil servants and employees of 3%

autonomous bodies (Grade 17 and above)

and their widows or orphans.

(d) Defence personnel 5%

(e) Federal Government employees including 4%

retired employees of Federal Government

(Grade 17 and above) and their widows or

orphans and Judges of the Supreme Court.

(f) Professionals 8%

(g) outstanding sportsmen, artists, poets,

authors and men of letters. 2%

(h) Pakistanis living abroad, if they make the

payment in foreign exchange 5%

No. PAS/Legis.B-6/87, dated 16-8-1987.- The Sindh Goth-Abad (Housing Scheme) Bill 1987 having been passed by the Provincial Assembly of Sindh on 25th June, 1987 and assented to by the Governor of Sindh on 27th July, 1987 is hereby published as an Act of the Legislature of Sindh.

Preamble.- Whereas it is expedient to make provision for housing facilities to the deserving persons in the rural areas of the Province of Sindh and to provide for matters connected therewith or ancillary thereto;

It is hereby enacted as follows:

1. Short title extent and commencement.- (1) This Act may be called the Sindh Goth-Abad (Housing Scheme) Act, 1987.

(2) It shall come into force at once.

(3) It shall apply to all rural areas in the Province except the rural areas as may be excluded by Government, from the operation of this Act, by notification in the Official Gazette.

2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context-

(a) “allottee” means the deserving person who has been allotted land under this Act.

(b) “allotment Committee” means a Committee consisting of not more than seven persons setup by the Collector in the prescribed manner for one or more dehs;

(c) “Asaish” means the land adjacent to a village and reserved for grazing and other common use of the village community;

(d) “Collector” means the Collector of the District and includes any officer specially empowered by Government to perform the functions of the Collector under this Act;

(e) “deh” means a deh or estate as defined in the Sindh Land Revenue Act, 1967;

(f) “deserving person” means a person residing in rural area who is in genuine need of residential accommodation in a village;

(g) “Government” means the Government of Sindh;

(h) “grant” means the grant of the proprietary rights in land;

(i) “housing scheme” means a scheme prepared under Section 4;

(j) “land” means land owned by Government and includes land acquired for the purposes of this Act;

(k) “prescribed” means prescribed by rules;

(l) “rules” means rules made under this Act;

(m) “village” means a settlement or habitation including Goth, wahan or Tando, but excluding urban area as defined in the Sindh Local Government Ordinance, 1979.

(2) Save as otherwise provided in this Act or where the context otherwise requires all expressions used but not defined in this Act shall bear the same meaning as they bear in the Sindh Land Revenue Act, 1967 and the Sindh Local Government Ordinance, 1979.

3. Allotment of land.- Subject to the other provisions of this Act, the Collector may on the recommendations of the Allotment Committee allot land not exceeding two ghuntas for construction of a house to deserving person in the union terms and conditions as may be prescribed.

Provided that the aforesaid limit shall not apply to the land or Asaish whereupon a deserving person has built a house before the coming into force of this Act with a view to taking up permanent residence.

4. Housing Scheme.- (1) To give effect to the provisions of Section 3, the Collector may, in consultation with the Allotment Committee, prepare a housing scheme in the prescribed manner.

(2) The scheme under sub-section (1) may include a village situated on the private land but no such land shall be included in the scheme without obtaining the consent of the owner in writing.

5. Grant of land.- The proprietary rights in respect of the land allotted under Section 3 shall be conferred on the allottee by a grant in the form and in the manner and on the terms and conditions as may be prescribed.

6. Cancellation of allotment or grant.- Notwithstanding the allotment of land or conferment of propriety rights in respect thereof the Collector may, after giving the allottee or grantee an opportunity of being heard, cancel the allotment or grant and resume the land if he is satisfied that the allottee or grantee has-

(a) furnished wrong information for securing allotment or grant; or

(b) committed a breach of the conditions of the allotment or grant;

Provided that before the land is resumed for breach of any conditions of the allotment or grant the allottee or grantee may be given reasonable time to rectify such breach.

7. Re-entry.- (1) Where land has been resumed under Section 6, the Collector shall issue an order requiring the allottee or grantee to remove all buildings, structures and other property, if any, belonging to him from the site and to deliver vacant passions of the site to the Collector within a period not exceeding sixty days from the date of the order.

(2) If the allottee or grantee fails to comply with the order issued under sub-section (1) the Collector may re-enter, take possession of the land and execute the order under sub-section (1).

(3) In the case of re-entry under sub-section (2), the building, structure and other property mentioned in sub-section (1) shall be sold.

(4) The cost incurred in connection with the resumption of land shall be recovered from the sale proceeds occurring under sub-section (3) or where there is no or insufficient sale proceeds, the cost will be recoverable as areas of land revenue.

Provided that the land or residential sites shall not be acquired if the house is built by the owner of such land or residential site.

9. Appeal.- (1) An appeal shall lie to the Collector of the District from any order passed by any officer under this Act and to the Commissioner from the order passed by the Collector not being an appellate order of the Collector.

(2) Appeal under sub-section (1) shall be heard and disposed in the manner as may be prescribed.

10. Over-riding effect.- This Act shall have over-riding effect northwithstanding, anything contained in the Colonization of Government Lands Act, 1912 and any rule, policy or order made thereunder.

11. Relaxation.- Nothing in this Act or in any rule shall be construed to limit or abridge the power of Government to deal with any case in such manner as may appear to it to be just and equitable.

12. Power to make rules.- Government may make rules to give effect to the purpose of this Act.

13. Repeal.- The Sindh Goth-Abad (Housing Scheme) Ordinance, 1987, is hereby repealed.

No. PAS/Legis-B-1/87, dated 26-3-1987. The Sindh Katchi Abadis Bill, 1987 having been passed by the provisional assembly of Sindh on 19th February, 1987 and assented to by the Governor of Sindh on 11th March, 1987 is hereby published as an Act of the Legislature of Sindh.

Preamble : Whereas it is expedient to make provision for the development and improvement of the areas of the Katchi Abadis and regularization of such Katchi Abadis and to establish an Authority for the purpose;

It is hereby enacted as follows:-

1. Short title, extent and commencement.- (1) This Act may be called the Sindh Katchi Abadis Act, 1987.

(2) It shall extend to the whole of the Province of Sindh.

(3) Government may be notification exclude any area from operation of all or any of the provisions of this Act.

(4) It shall come into force at once and shall be deemed to have taken effect on and from the 7th day of April, 1986.

2. Overriding effect.- This Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

3. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context-

(i) “Authority” means the Sindh Katchi Abadis Authority established under Section 4;

(ii) “budget” means the official statement of annual income and expenditure of the Authority;

(iii) “Chairman” means the Chairman of the Governing Body;

(iv) “Committee” means a Coordination Committee set up under this Act;

(v) “Council” means a Metropolitan Corporation Municipal Corporation, Municipal Committee, or a Town Committee constituted under Sindh local Government Ordinance, 1979;

(vi) “Director” means the Director General of the Authority;

(vii) “Fund” means the fund of Authority;

(viii) “Governing Body” means the Governing Body constituted under Section 6;

(ix) “Government” means the Government of Sindh;

(x) “Katchi Abadi” means a Katchi Abadi declared as such under this Act and includes the Katchi Abadis so declared under any law before the coming into force of this Act;

(xi) “Member” means a member of the Authority and includes the Chairman;

(xii) “prescribed” means prescribed by rules or regulations;

(xiii) “regulations” means regulations made under this Act;

(xiv) “rules” means rules made under the Act;

(xv) “Scheme” means a scheme prepared, undertaken or executed under this Act;

(xvi) “Tribunal” means a Tribunal established under this Act.

(2) Words and expressions not defined in this Act shall, unless the context otherwise requires, have the meanings assigned to them in the Sindh Local Government Ordinance, 1979.

4. Establishment of the Authority.- (1) There shall be established an Authority to be known as the Sindh Katchi Abadis Authority, for carrying out the purpose 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 hold and dispose of property, both moveable and immovable and shall be the said name, sue and be sued.

(3) The headquarters of the Authority shall be at Karachi.

5. Administration of the Authority.- (1) The general direction and administration of the Authority and its affairs shall vest in a Governing Body, which may exercise all powers and do all acts and things, which may be exercised or done by the Authority.

(2) The Governing Body in discharging its functions shall act on sound principles of planning, development and re-development of and housing and re-housing in the Katchi Abadis and shall be guided on question of policy by such directions as Government may, from time to time, give.

(3) If a question arises as to whether any matter is of policy or not, the decision of Government shall be final.

6. Constitution of the Governing Body.- (1) The Governing Body shall consist of-

(i) Minister for Katchi Abadis. Chairman

(ii) Secretary, Local Government

Department Official Member

(iii) Member (Land Utilization) Board

of Revenue “ ”

(iv) Commissioner, Karachi Division “ ”

(v) Commissioner, Hyderabad Division “ ”

(vi) Commissioner, Sukkur Division. “ ”

(vii) Director General “ ”

(viii) Director, Finance and Administration

of the Authority “ ”

(ix) Mayor, Metropolitan Corporation

Karachi Non Official Member

(x) Mayor, Municipal Corporation

Hyderabad. “ ”

(xi) Mayor, Municipal Corporation, Sukkur “ ”

(xii) Four Members of the Provincial

Assembly to be appointed by

Government “ ”

(2) The Director, Finance and Administration shall be the Secretary fo the Governing Body.

(3) Government may at any time change the constitution of the Governing Body by appointing any person as official or non-official member in place of an existing member or otherwise.

(4) The Governing Body may co-opt any person as a member for a particular purpose but no such person shall have right of vote.

(5) The Chairman may nominate any member to act as Chairman in his absence.

(6) An official member appointed by virtue of his office shall cease to be member on vacating such office.

(7) A non- official member appointed by Government shall hold office at the pleasure of Government but may at any time resign from membership by addressing a letter to Government.

7. Disqualification of the members.- No person shall be or continue to be a member who….

(i) has been removed or dismissed from Government service or from the service of a statutory body;

(ii) is or has been mentally or physically incapacitated;

(iii) is or has been convicted for an offence involving moral turpitude;

(iv) has acted or is acting in contravention of the provisions of this Act;

(v) has financial interest directly or indirectly in any project or scheme of the Authoirty;

(vi) has any interest directly or indirectly in conflict with the interest of the Authority.

8. Remuneration and allowance to members.- The Authority may allow such remuneration, allowance or other privilege to the non-official members as it may determine with the approval of Government.

9. Appointment and removal of Director-General.- (1) Government shall appoint a personal as Director-General possessing such qualification and on such terms and conditions as it may determine.

(2) The Director-General shall be a whole time officer of the Authoirty

(3) Government may remove the Director General if he-

(a) refuse or fails to discharge or becomes incapable of discharging his functions and responsibilities under this Act;

(b) abuses his position as Director-General;

(c) has directly or indirectly acquired or attempted to acquire any share or interest in any property, scheme or other concern of the Authority.

(4) The Director General shall not be removed from his office without affording him an opportunity of being heard.

10. Appointment of Officers, Advisors and employees.- (1) The Authority may for efficient performance of its functions appoint such advisors, officers including Director Finance and Administration and Deputy Directors-General and other staff possessing such professional, technical, ministerial or secretarial qualifications and experience in such manner and on such terms and conditions as may be prescribed by rules.

(2) The officers, staff and employees of the Authority shall be liable to such disciplinary action and in such manner as may be prescribed by rules.

11. Powers and Functions of the Authority.- (1) Subject to the provisions of this Act the Authority shall exercise such powers and perform such functions as may be necessary for carrying out the purpose of this Act.

(2) Without prejudice to the generally of the foregoing powers, the Authority may-

(j) implement policies formulated by Government for the development or improvement of the areas of the Katchi Abadis and regularizations of such Katchi Abadis.

(ii) lay-down guidelines for the implementation of such policies by the concerned authorities;

(iii) identify the Katchi Abadis or areas thereof which may be developed, improved or regularized under this Act and also identify the Katchi Abadis or areas which cannot be regularized as Katchi Abadis;

(iv) arrange or carry out detailed physical surveys, census of occupants of the Katchi Abadis and prepare or cause to be prepared plans and amelioration plans and designs of infrastructural works in connection with the regularization and development of the Katchi Abadis;

(v) formulate development and financial programme in respect of the Katchi Abadis and determine implementation strategy of such programme.

(vi) oversee the operation of the fund;

(vii) evict or cause to be evicted unauthorized person or remove or cause to be remove encroachments from a Katchi Abadis or any area which is not regularizable as Katchi Abadi in accordance with the law for the time being in force;

(viii) acquire, hold, control and administer, movable or immovable property or dispose of such property;

(ix) prepare or cause to be prepared scheme or schemes and execute or cause to be executed such scheme or schemes;

(x) undertake where necessary, low cost housing and re-development schemes for resettlement of shiftees from the Katchi Abadis and the areas, which are not regularizable as Katchi Abadis;

(xi) enter into and perform contracts;

(xii) incur expenditure for carrying out the purpose of this Act;

(xiii) arrange civic amenities and civic services in the Katchi Abadis through the Councils or other concerned agencies;

(xiv) take such steps as may be necessary or conductive to the attainment of the objects of the Authority;

12. Disposal of the business and Meetings of the Authoirty.- (1) All business of the Authority shall, to the extent and in the manner prescribed by regulations, be disposed of at the meetings of the Governing Body.

(2) The meeting of the Governing Body shall be held in such manner and at such time and place as may be prescribed by regulations:

Provided that until regulations are made in this behalf, the business shall be disposed and meetings shall be held as and when convened and in the manner as directed by the Chairman.

(3) Any matter required to be decided by the Authority shall be decided in a meeting of the Authority by vote of majority of members present in such meeting.

(4) Each member shall have one vote and in the case of equality of votes, the Chairman shall exercise as casting vote.

(5) One-third of the total membership of the Authority shall form a quorum for a meeting.

13. Powers and Functions of the Chairman.- The Chairman shall discharge such duties and perform such functions as are assigned to him by or under this Act.

14. Powers and Functions of Director-General.- (1) The Director-General shall be the Chief Executive of the Authority.

(2) Subject to the provisions of this Act and rules and the general control of the Chairman, the Director-General shall-

(a) exercise effective control over and be responsible for smooth functioning of the day to day affairs of the Authority;

(b) supervise the financial and executive administration of the Authority and perform functions assigned and exercise powers conferred on or delegated to him by or under this Act;

(c) be responsible for instituting or contesting legal proceedings for and on behalf of the Authority and for matters incidental thereto;

(d) be responsible for and have the authority for overseeing and implementing the orders of the Authority;

(e) have powers to exercise administrative control over the personnel of the Authority.

15. Constitution of the Coordination Committee.- (1) There shall be a Coordination Committee in each Division.

(2) The Committee shall consist of the Commissioner of the Division who shall be its Chairman and such other official and no-official members as may be appointed by Government.

(3) The Committee may co-opt any person as its member for any particular purpose.

16. Functions of the Coordination Committee.- (1) The Committee shall-

(i) assist the Authority in the performance of its functions;

(ii) be reasonable for effective coordination of activities of the Authority with other concerned agencies in the Division;

(iii) ensure prevention of encroachment in the Katchi Abadis;

(iv) take such steps as may be necessary or conductive to the attainment of the objectives of the Act;

(v) perform such other functions as may be assigned to it by the Authority.

(2) The Committee shall function in the manner as may be prescribed by regulations; provided that until such regulations are framed the Committee shall function in the manner as directed by the Chairman of the Committee;

17. Delegation of powers by the Authority, Chairman and Director General.- (1) The Authority may, with the previous approval of Government and subject to such conditions as it may impose, delegate any person, agency or authority any of its powers, duties or functions under this Act, rules or regulations.

(2) The Chairman or Director General may delegate to any officer or employee of the Authority any of his powers, duties or functions under this Act or the rules or regulations, not beign the powers delegated to him under sub-section (1).

18. Financial, Technical, Advisory Committee.- (1) The Authority may, constitute financial technical or advisory committees with such constitution and functions as may be prescribed by regulations.

(2) No area which is owned by the Federal Government shall be declared as Katchi Abadi without obtaining consent of the Federal Government.

(3) No are owned by private person or a cooperative society shall be declared as Katchi Abadi except with the consent of such person or society and the Katchi Abadi so declared shall be subject to such terms and conditions as may be agreed to between such person or, as the case may be, society and the Authority.

(4) Except as otherwise directed by Government, no area which is reserved for the purpose of roads, streets, water supply arrangements, sewerage or other conservancy arrangements, hospitals, schools, colleges, libraries, playgrounds, gardens, mosques, graveyards, railways, high tension lines, or such other purpose or is not safe from flood hazard, shall be declared to be a Katchi Abadi.

(5) Any area declared to be Katchi Abadi shall, subject to the agreement referred to in sub-section (3), vest in the Authority.

(a) References to the Authority, its Chairman and Member shall respectively be construed as the references to the Authority constituted under this Act, its Chairman and Member.

(b) The compensation for acquisition of the area shall be determined and award in that behalf shall be made by a Tribunal.

(c) The Tribunal shall have all the powers of a Collector exercisable by him while determining the compensation or making award.

(d) Reference to Collector in Sections 44,45 and 46 shall respectively be construed as reference to the Tribunal.

(7) Government may appoint any officer in BS-17 or 18 as Tribunal.

(8) Government may, by notification in the official Gazette establish a Tribunal and specify the area in which such Tribunal shall exercise its jurisdiction.

20. Development and improvement of Katchi Abadis.- (1) Subject to sub-section (2), the Authority shall develop, improve or regularize the Katchi Abadis in accordance with the provisions of this Act.

(2) The Katchi Abadis declared as such before the coming into force of this Act shall continue to vest in the Council in which such Katchi Abadis are situated for the purpose of improvement, development or regularization.

(3) The Authority may at any time take over the Katchi Abadis referred to in sub-section (2), whereupon all rights and interests enjoyed, possessed or vested in the Council and such liabilities legally subsisting against that Council as may be determined by Government shall pass to the Authority.

21. Schemes.- (1) The Authority shall prepare or cause to be prepared scheme or schemes for development, improvement or regularization of the Katchi Abadis and the scheme or schemes so prepared shall be submitted to Government for approval.

(2) The scheme may relate to-

(a) community planning, housing, re-housing including low cost housing and amelioration;

(c) community facilities including water supply sewage disposal, electricity supply, gas and other public utilities or amenities;

(d) roads and streets;

(e) terms and conditions of lease including period and procedure of lease and transfer of lease rights;

(f) lease money and development charges;

(g) any subject or matter incidental or ancillary to the purposes of this Act.

(3) Government may, by notification in the Official Gazette, alter or amend the list of subjects given in sub-section (2), and any such additional or modification shall take effect as if it had been enacted in this Act.

(4) All schemes shall be prepared in such manner and form as Government may specify, and shall contain among other things the following information, namely:-

(a) description of the scheme and the manner of its execution;

(b) estimate of costs and benefits;

(c) allocation of costs to the various purpose to be served by the scheme;

(d) date of commencement;

(e) date of completion.

(5) At any time after sanctioning any scheme but before its completion, Government may on its own or on the recommendation of the Authority alter it.

(6) The Authority shall execute or cause to be executed the approval scheme or schemes and take such measures and exercise such powers including the power of removal of encroachments in accordance with the law for the time being in force as may be necessary for the purpose.

(2) The fund shall consist of-

(a) grants and subsidy received from the Federal Government, Provincial Government or any local Authority;

(b) loans raised or obtained by the Authority;

(c) contributions or donations, aids or gifts received by the Authority;

(d) fees, premium, lease, money, development charges, commissions, rates, rent recovered under this Act and other charges for services rendered by the Authority.

(e) all other sums as are receivable by the Authority.

23. Loans, grants, aids and gifts: The Authority may, with the previous sanction of and on such terms and conditions as may be approved by Government, obtain-

(i) loans from bank or other sources for carrying out the purpose of this Act.

(ii) grants, aids, or gifts from donor agencies of Pakistan or foreign origin.

24. Investment and utilization of the fund.- (1) The amount credited in the fund shall be deposited in a Scheduled Bank approved by the Authority.

(2) The Authority may invest its funds in any security of the Federal Government or Provincial Government or any other security approved by Government.

(3) The Authority shall utilize the fund for carrying out the purposes of this Act including payment of-

(a) charges in connection with the regularization and development of Katchi Abadis and execution of a scheme;

(b) compensation of any property acquired under this Act;

(c) loans and interest thereon;

(d) salaries, and other remuneration to the members officers including Director-General, experts, consultant agencies employed for any work under this Act and other employees of the Authority.

25. Budget.- (1) The Authority shall prepare a statement of estimated receipts and expenditure for every financial year and submit such statement to Government at least two months before the commencement of such financial year.

(2) Government may sanction the budget submitted under sub-section (1) with or without modification.

(3) If the budget duly sanctioned by Government is not received before the commencement of the financial year, it shall be deemed to have been sanctioned.

26. Accounts and Audit.- (1) The Authority shall maintain or cause to be maintained complete and accurate accounts of the fund in such manner or form as may be prescribed by rules.

(2) The accounts of the Authority shall be audited at least once in every financial year by such auditors, as may be approved, by Government.

(3) A statement of the finally audited accounts under sub-section (2) in every financial year by such auditors as may be approved, Governing four months after the end of every financial year.

27. Betterment Fee.- (1) Where the Authority is of the opinion that in consequence of the execution of any scheme the value of any property involved in such scheme has increased or will increase, it may levy upon such property a betterment fee and collect the same from the owner thereof or any person in possession thereof or having interest therein.

(2) The betterment fee shall be levied at such rate as may be determined by the Authority with the approval of Government, provided that such fee shall not be more than half of the amount by which the value of the property on the completion of the execution of the scheme exceeds the value of the property prior to such execution.

(3) When it appears to the Authority that any scheme is sufficiently advanced to enable the determination of the betterment fee, the Authority may, by an order made in this behalf, declare, for the purpose of levying the betterment fee, the execution of the of the scheme to be deemed to have been completed and thereupon give notice in writing to the owner of the property or any person in possession thereof or having interest therein that the Authority proposes to determine the betterment fee in respect of such property.

(4) The Authority shall at the expiry of fifteen days after the service of the notice under sub-sanction (3) or if any representation is received by the Authority against the determination of betterment fee, after rejection of such representation proceed to levy and collect betterment fee in such manner and in accordance with such procedure as may be prescribed by rules.

28. Recovery of Dues.- All sums due to the Authority from any person or body of persons or agency shall recoverable as arrears of land revenue.

29. Penalty.- (1) Whoever obstructs or cause to obstruct any person in the discharge of his duties of execution of any scheme or work under this Act or contravenes, attempts to contravene or abets the contravention of the order or direction given under this Act, rules or regulation in connection with the execution of such scheme or work, shall be punished with imprisonment for a term. which may extend to one year or with fine which may extend to twenty thousand rupees or with both.

(2) Where the person referred to in sub-section (1) is a company or firm, the Director concerned, officer or agent thereof, who fails to prove that the offence was committed without his knowledge or that he exercised due diligence to prevent commission or such offence shall be deemed to be guilty of such offence.

30. Cognizance of offence.- (1) No Court shall take cognizance of any offence under this Act except on a complaint in writing made by the Director-General or by a person duly authorized by him in this behalf.

(2) No Court, inferior to that of a first class magistrate shall be competent to take cognizance of an offence under this Act, rules or regulations.

31. Power of Government to give directions.- (1) Government may require the Authority to furnish to it any document, returns, statement, statistics or any other information regarding any matter, under the control of the Authority and the Authority shall comply with such requisition.

(2) Government may, from time to time, give such directions as it considers necessary for the guidance of an compliance by the Authority.

32. Report on the conduct of the affairs of the Authority.- The Authority shall within three months of the expiry of a financial year furnish a report to Government on the conduct of its affairs for that financial year.

33. Transfer of Katchi Abadi.- Notwithstanding anything contained in this Act, the Authority may with the approval of Government, transfer the management and control of Katchi Abadi to the Council in which such Katchi Abadi is situated and the Council shall deal with such Katchi Abadi in accordance with the provisions of the Act until its management and control is taken back by the Authority.

34. Validation of acts and proceedings.- No act or proceeding of the Authority shall be invalid merely by reason of any vacancy in the Governing Body or defect in its constitution.

35. Exercise of powers of other Statutory Bodies.- Notwithstanding anything contained in any law for the time being in force, the Building Control Authority, Karachi Development Authority, Hyderabad Development Authority or other councils shall on and from the date as Government may by notification specify cease to perform in a Katchi Abadi all or any of its functions as mentioned in that notification and such functions shall, to the extent and subject to such conditions and restrictions as may be specified in the said notification be performed by the Authority.

(2) The appeal shall be disposed of in the manner as may be prescribed by rules and the order passed in appeal shall be final.

37. Functionaries of the Authority deemed to be public servants.- All persons including members of the Governing Body and any other Committee constituted under this Act, advisors, experts, consultants and employees of the Authority shall while acting or purporting to act under this Act, rules or regulations, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code.

38. Bar of Jurisdiction.- No Court shall have jurisdiction to entertain any proceeding, grant any injunction or make any order in relation to anything done or purported to have been done or intended to be done under this Act.

39. Indemnity.- NO suite, prosecution or other legal proceeding shall lie against the Authority or any member, officer employee or functionary of the Authority; or any person acting under the direction of the Authority or any of its functionaries in respect of anything done or intended to be done in good faith under this Act, rules or regulations.

40. Rules.- Government may make rules for carrying out the purposes of this Act.

41. Regulations.- Subject to the provisions of this Act and the rules, the authority may make regulations for carrying out the purposes of this Act.

42. Removal of difficulties.- If any difficulty arises in giving effect to any of the provisions of this Act, Government may make such order as may appear to it to be necessary or expedient for the purpose of removal of the difficulty.

43. Repeal.- The Sindh Katchi Abadis Ordinance, 1986 is herby repeated.

WHEREAS it is expedient to regularize and develop Katchi Abadis in the Province of Sindh.

NOW THEREFORE, in pursuance of Martial Law Order No. 3 issued by the Chief Martial Law Administrator, I, Lieutenant General S.M. Abbasi, Martial Law Administrator Zone ‘C’ hereby reconstitute Martial Law Order No. 110 as follows:-

1. (1) This order shall be called the Sind Katchi Abadis (Regularisation and Development) Order, 1982.

(2) It shall come into force at once and shall have effect notwithstanding anything contained in any other law for the time being in force.

2. (1) In this Order, unless there is anything repugnant in the subject or context,

(a) “Council” means the metropolitan corporation a corporation, municipal committee or town committee constituted under the Sindh Local Government Ordinance, 1979.

(b) “Directorate” means the directorate of Katchi Abadis and Evaluation set up under paragraph 11;

(c) “Fund” means the fund constituted under this Order;

(d) “Government” means the Government of Sindh;

(e) “Katchi Abadi” means a Katchi Abadi declared by the Government under paragraph 3,

(f) “Prescribed” means prescribed by rules

(g) “Rules” means rules made under this Order;

(h) “Scheme” means a scheme prepared under paragraph 6.

(2) Words not defined in this Order shall have the meanings assigned to them in the Sindh Local Government Ordinance, 1979

3. (1) A Council may, by resolution, apply to the Government or declaration of any area owned by it or a local authority or the Government, which was partially or wholly occupied unauthorisedly for residential purposes, before the first day of January, 1978 and continues to be occupied to be a Katchi Abadi.

(2) The Government may, after such enquiry as it deems fit, by notification in the official Gazette, declare any area specified in the resolution referred to in sub-paragraph (1) a part thereof to be a Katchi Abadi.

(3) The Government may, by notification in the official Gazette declare any area or part thereof which was partially or wholly occupied unauthorisedly for commercial or industrial purposes before the first day of January, 1978, and continues to be so occupied to be a Katchi Abadi.

(4) The Government may, by notification in the official Gazette, declare such area with the consent of the owner or an area to be a Katchi Abadi, and the Katchi Abadi so declared shall, subject to the conditions may be agreed to between such person and the government, be regularised and developed in accordance with the provisions of this Order.

(5) Save as otherwise provided in this Order, the declaration of any area to be a Katchi Abadi shall not confor any right on any person in occupation in the Katchi Abadies.

4. (1) Except as otherwise directed by Government, no area which is reserved for the purpose of roads, streets, water-supply arrangements, sewerage or other conservancy arrangement hospitals, schools, colleges, libraries, playgrounds, gardens, mosques, graveyards, railways, high tension lines, or such other purposes, or is not safe from flood hazard, shall be declared to be a Katchi Abadi.

(2) Any area declared to be a Katchi Abadi under Martial Law Order No. 67 or Mrtial Law Order No. 110 shall be deemed to have been declared to be a Katchi Abadi under this Order and any action taken or proceedings instituted under other of the said, orders shall be deemed to have been taken or instituted under this Order.

5. An area declared to be a Katchi Abadi shall subject to any agreement referred to in sub-paragraph(4) of paragraph 3. vest in the Council concerned for the purpose of regularization and development.

6. A Katchi Abadi shall be regularized and developed by the Council concerned in accordance with the provisions of this Order and the rules.

7. (1) Subject to the rule and the directions of the Govt; not inconsistent with the provisions of this Order, the Council concerned shall prepare a scheme for regularization and development of the Katchi Abadis.

(2) The scheme shall inter Alia provide for-

(a) the rehabilitation of the unauthorized occupants of a Katchi Abadi in the same Katchi abadi or where it is not possible, in any other locality by allotting plots of prescribed size;

(b) allotment and loaning out of plots on such terms and conditions, including period of loans as may be prescribed;

Provided that, no plot shall be leased out unless the terms and conditions of the allotment have been complied with by the allotees;

Provided that, no plot shell be leased out unless the terms and conditions of the allotment have been complied with the allottee;

Provided further that a lease granted under this Order shall not be transferable for such period as may be prescribed except by inheritance or mortgage against a house building loan to the House Building Finance Corporation, a Schedule Bank or any other agency approved by Government and

(c) recovery of lease money and development charges as may be prescribed.

(3) The Council concerned shall set up a separate unit of administration with appropriate staff to be called the Bureau of Katchi Abadies which shall perform such functions as may be assigned to it by the council under this Order;

(4) Provided that ‘in Karachi’, the Directorate shall perform the functions of the Bureau.

8. A percentage of the lease money, inclusive of the development charges, under this Order, as may be prescribed, shall be transferred to the Council, and the amount so transferred to the Council shall be deemed to be a soft term loan advanced by the Government or the local authority, as the case may be on such terms and conditions as may be prescribed.

9. Notwithstanding anything contained in the Registration Act 1908 (VI of 1908), Government, may, for registration of the lease deeds and other documents under this Order, declare any Katchi Abadi to be as sub-district for the purpose of that Act and appoint a Sub-Registrar for each Sub-District.

10. (1) In each Council there shall be a revolving fund consisting of-

(a) the lease money and development charges under this Order;

(b) grants and subsidies received from Government or the Federal Government or a local authority; and

(c) all sums payable to the Council under the rules.

(2) The Fund shall be utilized for regularization and development of Katchi Abadies or any matters incidental thereto.

(3) The Fund shall be maintained and operate in such manner as may be prescribed.

11. (1) There shall be a Directorate in each division consisting of such officers and staff as may be determined by Government from time to time.

Provided that the Directorate of Katchi Abadi and Evaluation in Karachi existing immediately before the coming into force of this Order, shall be deemed to be the Directorate and shall continue to function as an establishment of the Karachi Metropolitan Corporation.

(2) Except in the Karachi Division, the Directorate shall be supervised by the Commissioner of the Division.

(3) The Directorate shall, subject to the control of Government, co-ordinate the activity of regularization and development of Katchi Abadies in the division and shall perform such other functions and exercise such powers as may be prescribed.

12. The Councils and the Directorates shall submit to Govt. such periodical reports, documents and other information as may be called for the Government from time to time.

13. Notwithstanding anything contained in this Order, Govt, may establish a Re-Development Board for any Council consisting of a chairman and such members as it may appoint and the Board be constituted shall exercise such powers and perform such functions under this Order as may be assigned to it by the Government.

14. No suit, propucution or other legal proceedings shall lie against Government, the Directorate or any Council or any officer or person for anything which is in good faith done or purports to be done under this Order, or any rules made or directions given thereunder;

15. Government may make rules for carrying out the purposes of this Order.

16. If any difficulty arises in giving effect to any of the provisions of this Order, Government may make such order, not inconsistent with the Provisions of this Order, as may appear to it to be necessary for the purposes of removing the difficultly.

Sd/-

Lieutenant General

Martial Law Administrator Zone ‘C’

(S.M. Abbasi)

a) The process of the regularization and upgradation of the pre-1985 katchi abadis shall continue as per the current policy.

b) The concerned land owning agencies shall inventorize all katchi abadis which have come into existence after 1985.

c) From amongst the pre-1985 katchi abadis, those settlements which need to be relocated shall be identified. This exercise shall be completed by the Provincial Governors and the concerned Ministries by 28th February 2001.

d) The Provincial Governors shall identify appropriate land, preferably within the cities and towns, in coordination with the concerned Ministries, where the evictees of katchi abadis can be relocated, by 28th February 2001.

e) Resettlement plans for the residents of katchi abadis identified for relocation shall be drawn up by the end of June 2001.

f) The work of relocating evictees of katchi abadis shall commence by the end of June 2001. Until that time, there shall be no evictions.

g) The Capital Development Authority, Islamabad will finalize one model urban shelter project by the end of April, 2001.

h) A plan for upgrading the pre-1985 katchi abadis which would remain, shall be prepared on the lines of the model proposed by the Director General, Sindh Katchi Abadis Authority

i) The Ministry of Railways and the Ministry of Housing and Works shall be associated with all measures concerning the relocation, rehabilitation and upgradation of katchi abadis.

j) The Ministry of Railways will issue NOCs for all pre-1985 katchi abadis under the 1985 policy, other than those to be relocated under sub-paras (c) & (d) above.

k) In future, all housing policies launched by development authorities at the federal and provincial levels shall include plots for low income people which shall be offered to them at affordable prices.

l) The Provincial Governors will constitute committees comprising representatives of all concerned to implement these decisions. The Federal Minister for Environment. Local Government, and Rural Development will coordinate with the Governors in this regard.