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 la