ACT XVII OF
2014
An
Act to levy, alter and rationalize certain taxes, fees and
duties in the
[Gazette
of
No.
PAP/Legis-2(38)/2014/1098.--The
Punjab Finance Bill 2014, having been passed by the Provincial Assembly of the
Punjab on 24th June 2014, and assented to by the Governor of the Punjab on 25th
June 2014, is hereby published as an Act of the Provincial Assembly of the
Punjab.
Whereas it is expedient to levy, alter and
rationalize certain taxes, fees and duties in the
It is enacted as follows:
1. Short title, extent and commencement.--(1) This Act may be cited as the Punjab
Finance Act, 2014.
(2) It
extends to whole of the
(3) It
shall come into force on the first day of July 2014 except the provisions of
clauses (a) and (b) of Section 3 which shall come into force on such date as
the Government may, by notification, specify.
2. Amendment in Act II of 1899.--In the Stamp Act, 1899 (II of 1899), in
Schedule I, the following amendments shall be made:
(a) at
Sr. No. 4, for the words "Twenty rupees", the words "Fifty rupees
shall be substituted;
(b) at
Sr. No. 5, against clause (cc), for the words "One hundred rupees",
the words "Twelve hundred rupees" shall be substituted;
(c) at
Sr. No. 12. for the words "Two percent", the words "Three percent"
shall be substituted;
(d) at
Sr. No. 17, for the words "Fifty rupees", the words "One hundred
rupees" shall be substituted;
(e) at
Sr. No. 18, for the words "Two percent", the words "Three percent"
shall be substituted;
(f) at
Sr. No. 22-A, in clause (a):
(i) in sub-clause (i), for the words
"One hundred rupees", the words "Two hundred rupees" shall
be substituted;
(ii) in sub-clause (ii), for the words
"Two hundred rupees", the words "Five hundred rupees" shall
be substituted;
(iii) in sub-clause (iii), for the words
"Five hundred rupees", the words "One thousand rupees"
shall be substituted;
(iv) in sub-clause (iv), for the words
"Seven hundred and fifty rupees", the words "Fifteen hundred
rupees" shall be substituted; and
(v) in sub-clause (v), for the words
"One thousand rupees", the words "Two thousand rupees"
shall be substituted;
(g) at
Sr. No. 23, in clause (a), for the words "Two percent", the words "Three
percent" shall be substituted;
(h) at
Sr. No. 27-A, for the words "Two percent", the words "Three percent"
shall be substituted;
(i) at
Sr. No. 29, for the words "Thirty rupees", the words "One hundred
rupees" shall be substituted;
(j) at
Sr. No. 31, for the words "two percent", the words "Three percent"
shall be substituted;
(k) at
Sr. No. 33, for the words "Two percent", the words "Three percent"
shall be substituted;
(l) at
Sr. No. 40, for the words "Two percent", wherever occur, the words
"Three percent" shall be substituted;
(m) at
Sr. No. 46:
(i) in clause (a), for the words "One
hundred rupees", the words "Two hundred rupees" shall be
substituted; and
(ii) in clause (b), for the words "Five
hundred rupees", the words "One thousand rupees" shall be
substituted;
(n) at
Sr. No. 48:
(i) in clause (b), for the words "Two
percent", the words "Three percent" shall be substituted; and
(ii) in clause (bb), for the words "One
thousand rupees", the words "Twelve hundred rupees" shall be
substituted;
(o) at
Sr. No. 55, for the words "Two percent", the words "Three percent"
shall be substituted;
(p) at
Sr. No. 58, in clause A, for the words "Two percent", wherever occur,
the words "Three percent" shall be substituted;
(q) at
Sr. No. 63, for the words "Two percent", the words "Three percent"
shall be substituted;
(r) at
Sr. No. 63-A, for the words "Two percent", the words "Three percent"
shall be substituted; and
(s) at
Sr. No. 64, for the words "One hundred rupees", wherever occur, the
words "Two hundred rupees" shall be substituted.
3. Amendment in Act, V of 1958.--In the
(a) in
Section 3, in sub-section (2), for the word "twenty", the word
"five" shall be substituted;
(b) in
Section 4:
(i) in clause (c):
(a) in sub-clause (i), for the words "one
thousand and eighty", the words "four thousand three hundred and
twenty" shall be substituted; and
(b) in sub-clause (ii), for the words "one
thousand six hundred and twenty", the words "six thousand four
hundred and eighty" shall be substituted; and
(ii) in clause (g), for the words
"forty-eight thousand and six hundred", the words "two hundred
forty three thousand" shall be substituted; and
(c) in Section 7, in sub-section
(2), for the expression "on the first day of July or the first day of
January as the case may be, next following the date on which it is finally
approved by the assessing authority", the words "on the date notified
by the Government after the approval of the valuation list by the assessing
authority" shall be substituted.
4. Amendment in Act, XXXII of 1958.—In the
(a) at
S.No.4:--
(i) in Column No. 2, for the expression
"Motor vehicles (motor cars or jeeps) other than those mentioned above and
having", the expression "Motor vehicles (motor cars or jeeps) other
than those mentioned above or below; and having" shall be substituted; and
(ii) in Column No. 3, for the existing entries,
the following shall, respectively, be substituted:
"Rs.
500/-
Rs.
1800/-
Rs.
6000/-
Rs.
9000/-
Rs.
12000/-
Rs.
15000/-
Rs.
2500/- per seat
Rs.
300/- per seat."
(b) after S.No.4, in Column Nos.
1 to 3, the following entries at S.No.5 shall be inserted:
|
S.No |
Description
of Motor Vehicles |
Annual
Rate of Tax |
|
“5. |
Imported motor vehicles (motor cars or jeeps): (i) with
engine power 1590 cc but not exceeding 1990 cc; (ii) with
engine power exceeding 1990 cc but not exceeding 2990 cc; and (iii) with engine power
exceeding 2990 cc. Explanation: I Imported motor vehicle here means a motor vehicle which is
manufactured abroad within last five years prior to the tax year. Explanation: II An imported motor vehicle older than five years shall be liable to
annual rate of tax under S. No. 4, above." |
Rs. 20,000/- Rs. 25,000/- Rs. 35,000/- |
5. Amendment in Act I of 1965.--In the Punjab Finance Act, 1965 (I of. 1965),
Section 12 shall be omitted.
6. Amendments in Act XLII of 2012.--In the
(a) in
Section 2:
(i) in clause (6), for the words "any
law", the expression "the Punjab Revenue Authority Act, 2012 (XLIII
of 2012)" shall be substituted;
(ii) in clause (29), after sub-clause (a), the
following sub-clause (aa) shall be inserted:
"(aa)
an association of persons;"
(iii) in clause (38), in the
"Explanation", after the word "supply", a comma and the
word", disposition" shall be inserted; and
(iv) in clause (43), in sub-clause (d), after
the word "underpaying", the words "or not paying" shall be
inserted;
(b) in Section 7, in sub-section
(1), after the words "The value of a taxable service is the", the
words "gross amount of shall be inserted;
(c) in Section 25, after sub-section
(5), the following explanation shall be inserted:
"Explanation.--Unless otherwise specified, no person shall be absolved of any tax
liability for want of registration under this Act or the rules.";
(d) after Section 29, the
following Section 29-A shall be inserted:
"29A. Restoration of registrations.--The Authority may,
subject to conditions as may be prescribed, reactivate, revive, reinstate or
restore any registration which has been de-activated, suspended or cancelled
for any reason or under any circumstances.";
(e) in
Section 31:
(i) in sub-section (1), after the words
"A registered person providing taxable service", the words "or a
person required to pay tax under this Act or rules" shall be inserted; and
(ii) in sub-section (2), after the word
"providing", the words "or receiving" shall be
inserted.";
(f) in
Section 48, in sub-section (2), in the TABLE:
(i) at S.No.1, in Column No. 3, for the
words "ten thousand", the words "fifty thousand" shall be
substituted; and
(ii) at S.No.10, in Column No. 2, after the
word "both", for the full stop, a colon shall be substituted and
thereafter the following proviso shall be inserted:
"Provided
that where any recipient of a service does not pay the amount of tax due to be
paid to a service provider, such recipient shall also be liable to action for
obstruction under this provision.";
(g) in Section 52, in sub-section
(1), for the words "three years", the words "five years"
shall be substituted;
(h) in Section 70, after sub-section
(2), the following sub-section (3) shall be inserted:
"(3) For the
purpose of recovery of tax, penalty or any other demand or sum under this Act
or the rules, the Authority or the officer of the Authority may exercise the
powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for
recovery of an amount due under a decree and, in such an eventuality, the
Authority or the officer of the Authority shall be deemed to be a Civil
Court.";
(i) in
the Second Schedule:
(i) at S.No.1:
(a) in Column No. 2, after the word "clubs"
the words "including race clubs" shall be inserted; and
(b) in Column No. 3, after the figure
and comma, "9801.6000," the figure and comma "9830.0000,"
shall be inserted;
(ii) at S.No.4:
(a) in Column No. 2, after the word
"services", the words "including cargo services by road
passenger transportation businesses and transportation through pipeline and
conduit services" shall be inserted; and
(b) in Column No. 3, after the figure
"9808.0000", the word and the figure "and 9804.9000" shall
be inserted;
(iii) at S.No.8, in Column No. 2, for the
existing entry, the following shall be substituted:
"Services
provided by banking companies, cooperative financing societies, modarbas,
musharikas, ijarahs, leasing companies, non-banking financial institutions and
other persons, businesses or enterprises providing or dealing in any such
services."
(iv) at S.No.11;
(a) in Column No. 2, after the word
"restaurants", the words and brackets "including cafes, food
(including ice-cream) parlors, coffee houses, coffee shops, deras, food huts, eateries,
resorts and similar cooked, prepared or ready-to-eat food service outlets
etc" shall be inserted; and
(b)
in Column No. 3, after the figure "9801.2000", the word and figure,
"and 9801.9000" shall be inserted;
(v) at S.No.13:
(a) in Column No. 2, after the word
"service", the words "including intellectual property rights
services "shall be inserted; and
(b) in Column No. 3, after the figure
"9823.0000", the word and the figure "and 9839.0000" shall
be inserted;
(vi) at S.No.14, in Column No.
2, under the caption "EXCLUDING", in paragraph (i), after the word
"million", the words "per annum" shall be inserted;
(vii) at S.No.18, in Column No.
2, under the caption "EXCLUDING." For paragraph (iv), the following
shall be substituted:
"(iv) the facility of air-conditioning is not
installed or available in the premises.";
(viii) at S.No.19, in Column No.
2, after the word "asset", the bracket and words "(including
investment)" shall be inserted;
(ix) at
S.No.23:
(a) in Column No. 2, after the word
"consultants" the words "including technical inspection and
certification services, quality control (standards' certification), technical
analysis and testing, erection, commissioning and installation services"
shall be inserted; and
(b) in Column No. 3, after the figure
"9819.9400", the figures and comma "9861.0000, 9815.5000"
shall be inserted;
(x) at
S.No.24:
(a) in Column No. 2, after the word
"consultants", the words "including but not limited to human
resource and personnel development services, exhibition or convention services,
event management services, valuation services (including competency and
eligibility testing services), market research services and credit rating
services" shall be inserted; and
(b) in Column No. 3, after the figure
"9815.9000", the expression "9832.0000, 9827.0000, 9818.3000,
9818.2000, 9819.9300, 9852.0000 and 9859.0000" shall be inserted;
(xi) at
S.No.25:
(a) in Column No. 2, after the word
"operators", the words "and travel agents including all their
allied services or facilities" shall be inserted; and
(b) in Column No. 3, after the figure
"9805.5100", the figures and the word "9805.5000 and
9803.9000" shall be inserted;
(xii) at S.No.26, in Column No.
2, the words "including labour and manpower supplies" shall be
inserted;
(xiii) at S.No. 30:
(a) in Column No. 2, for the existing entry,
the following shall be substituted:
"Share
transfer or depository agents including services provided through manual or
electronic book-entry system used to record and maintain securities and to
register the transfer of shares, securities and derivatives."; and
(b) in Column No. 3, for the figures, the
words "respective headings" shall be inserted;
(xiv) at
S.No.32:
(a) in Column No. 2, after the word
"dealers" the words "and realtors" shall be inserted; and
(b) in Column No. 3, after the figure
"9806.2000", the word and the figure "and 9844.0000" shall
be inserted;
(xv) at
S.No.33:
(a) in Column No. 2, after the word
"designers", the words and brackets "whether relating to
textile, leather, jewellery or other product regimes including allied services
such as cutting, stitching, printing, manufacturing, fabrication, assembly, embellishment,
adornments, display (including marketing, packing and delivery etc.)"
shall be inserted; and
(b) in Column No. 3, after the figure
"9834.0000", the word and figure "and 9819.6000" shall be
inserted;
(xvi) at S.No.36, in Column No.
3, after the figure "9806.3000", the word and the figure "and
9845.0000" shall be inserted;
(xvii) at S.No.37:
(a) in Column No. 2, after the bracket at
the end, the words "including industrial and commercial packaging services
and similar outsourcing of industrial or commercial processes" shall be
inserted; and
(b) in Column No. 3, after the figure,
"9868.0000', the figures and the word, "9841.0000 and 9819.1400"
shall be inserted; and
(xviii) after S.No.37, in Column
Nos. 1 to 4, the following entries shall be inserted:
|
S.
No. |
Description |
Classification |
Rate
of Tax |
|
(1) |
(2) |
(3) |
(4) |
|
“38 |
Services provided by specialized workshops or undertakings
(auto-workshops; workshops for industrial machinery, construction and
earth-moving machinery or other special purpose machinery etc; workshops for
electric or electronic equipments or appliances etc. including computer
hardware; car washing or similar service stations and other workshops). |
98.20 |
Sixteen percent |
|
39 |
Services provided for specified purposes including fumigation
services, maintenance and repair (including building and equipment
maintenance and repair including after sale services) or cleaning services,
janitorial services, dredging or desilting services and other similar
services etc. |
98.22 and 9860.0000 |
Sixteen percent |
|
40 |
Brokerage (other than stock) and indenting services including
commission agents, under-writers and auctioneers. |
9829.0000, 9819.1200, 9819.1100, 9819.1300 and 9819.9100 |
Sixteen percent |
|
41 |
Call centres. |
9865.0000 |
Nineteen and a half percent |
|
42 |
Services provided by laboratories other than services relating to
pathological or diagnostic tests for patients. |
9816.0000 and 98.17 |
Sixteen percent |
|
43 |
Services provided in specified fields such as health care, gym,
physical fitness, indoor sports, games and body or sauna massage etc. |
9821.1000 and 9821.2000 9821.4000 |
Sixteen percent |
|
44 |
Services provided by laundries and dry cleaners. |
9811.0000 |
Sixteen percent |
|
45 |
Services provided by cable TV operators. |
9819.9000 |
Sixteen percent |
|
46 |
Services provided by TV or radio program producers or production
houses. |
9828.0000 |
Sixteen percent |
|
47 |
Advertisements (including classified ads) in newspapers, magazines,
journals and periodicals. |
9802.4000 |
Five percent" |
7. Amendment in Act XVI of 2013.--In the
(a) in
Section 2, clause (a) shall be omitted; and
(b) Section
10 shall be omitted.
8. Luxury house tax.--(1) Subject to the provisions of this
section, there shall be charged, levied, assessed and paid a tax, known as
luxury house tax, on categories of residential house and at such rate as
specified in the First Schedule, located on the immoveable property in the
limits of: (a) a notified rating area under the Punjab Urban Immoveable
Property Tax Act, 1958 (V of 1958); (b) a cantonment under the Cantonment Act,
1924(II of 1924); and (c) any other area within the Province as notified by the
Government at the rate specified for the remaining rating areas and cantonments
under the First Schedule.
(2) The
tax shall be charged, levied, assessed and paid in addition to any other tax
charged and collected under any other law for the time being in force and shall
be the first charge upon the residential house.
(3) The
liability to pay the tax shall be of the owner or occupant, jointly and severally.
(4) The
tax shall be paid once either in lump sum on or before September 30, 2014 or in
four equal quarterly instalments with first instalment payable on or before September
30, 2014 and the subsequent three equal instalments being payable on or before
the last day of each concerned quarter.
(5) In
the event a residential house is constructed after the commencement of this
Act, the tax shall be charged, levied, assessed and paid in the above manner
and, in such a case, the tax shall be payable in lump sum on or before the last
day of the first quarter falling after the completion of construction and, in
case of payment in instalments, first instalment being payable on or before
last day of the first quarter falling after the completion of construction and
the subsequent three equal instalments being payable on or before the last day
of each concerned quarter thereafter.
(6) In
case of lump sum payment, a rebate @ 10% shall be admissible if tax is paid on
or before the date fixed for payment.
(7) Any
person who fails to pay the tax or any part thereof within the prescribed time
limit, whether wilfully or otherwise, shall in addition to the amount of the tax
be liable to pay default surcharge at the rate of one percent per month of the
amount of tax due under this section.
(8) Notwithstanding
the provisions of sub-section (1), an area, residential house or a person
specified in any of the categories mentioned in the Second Schedule shall be
exempt from the levy and payment of the tax.
(9) Notwithstanding
the provisions of sub-sections (1) and (8):
(a) the Government may, by
notification in the official Gazette, exempt any area within the limits
specified in sub-section (1), or any residential house or person, from the
whole or any part of the tax chargeable under this section, subject to the
conditions and limitations specified in the notification; and
(b) the grievance committee
may in an individual case of hardship, by special order in each case stating
the reasons, exempt any residential house as may be specified from payment of
the whole or any part of the tax charged under sub-section (1) or from the payment
of default surcharge under sub-section (7).
(10) Subject
to the provisions of this section, the tax including surcharge payable under sub-section
(7) shall, as nearly as possible, be paid, recovered, administered and
regulated as if it is a tax under the Punjab Urban Immoveable Property Tax Act,
1958 (V of 1953).
(11) In
case of any dispute relating to tax or exemption from the payment of the tax, a
person may file an application before the grievance committee and subject to sub-section
(12), decision of the grievance committee on such dispute shall be final.
(12) Any
person or an officer aggrieved by the decision of a grievance committee may,
within fifteen days from the date of communication of the decision, prefer an
appeal to the Government.
(13) The
Government may make rules for carrying out the purposes and giving effect to
the provisions of this section.
(14) In
this section:
(a) "completion of
construction" means the day when a house is ready for occupation or two
years from the date of installation of electricity connection, whichever is
earlier;
(b) "covered area"
means the built up area included in the floor of a residential house and where
a residential house has more than one floor, the aggregate area in all the
floors together;
(c) "grievance
committee" means a committee of three officers notified by the Government
to discharge the functions under this section in any area specified in the
notification;
(d) "residential house”
means building or any other structure built on immoveable property measuring
two kanals or more and having a minimum
covered area of six thousand square feet; and
(e) "'tax" means
the luxury house tax on a residential house charged, levied and assessed under
this section.
(15) A
word or term used in this section but not defined shall have the same meaning
as assigned to it under the Punjab Urban Immoveable Property Tax Act, 1958 (V
of 1958).
(16) Notwithstanding
the omission of Section 10 of the Punjab Finance Act, 2013 (XVI of 2013), if a
person has paid whole or part of the tax under that section, he may claim
adjustment of an equivalent amount from the tax charged, levied, assessed and
payable under this section.
FIRST SCHEDULE
[See section 8(1)]
|
Location |
Category
of Residential House |
Rate
of Tax |
|
In Lahore District including Lahore
Cantonment and Walton Cantonment |
(1) Two
Kanals or above with covered area
more than six thousand square feet. ----------------------- (2) Eight
Kanals or above with covered area
more than twelve thousand square feet. |
(1) Rs.
200,000/- per Kanal subject to a
maximum of ----------------------- (2) Rs.
300,000/- per Kanai subject to a maximum of |
|
In rating areas of Divisional Headquarters
District and all the Cantonments in the District of Divisional Headquarters |
(1) Two
Kanals or above with covered area
more than six thousand square feet. ------------------------- (2) Eight
Kanals or above with covered area
more than twelve thousand square feet. |
(1) Rs.
150,000/- per Kanal subject to a
maximum of ------------------------- (2) Rs.
250,000/-per Kanal subject to a
maximum of |
|
In remaining rating areas and Cantonments |
(1) Two
Kanals or above with covered area
more than six thousand square feet. ----------------------- (2) Eight
Kanals or above with covered area
more than twelve thousand square feet. |
(1) Rs.100,000/-
per Kanal subject to a maximum of ------------------------- (2) Rs.200,000/-
per Kanal subject to maximum of |
|
*Provided that for calculating tax for an
additional area less than one Kanal,
pro rata rates for each full marla
shall be applied and area less than one marla
shall be excluded. |
||
SECOND
SCHEDULE
[See Section 8(8)]
1. A residential house with
completion of construction before the first day of January 2001; or
2. An existing residential
house which is owned by a person on the basis of opening of inheritance before
coming in force of this Act; or
3. A residential house or
part thereof, owned by a widow by way of inheritance and used for her permanent
residence, provided that if the widow owns more than one residential house
liable to tax, she shall be entitled to exemption only in respect of one
residential house; or
4. Residential house used
for some other permissible use after compliance with applicable law and during
such period of compliance.
------------------------
ACT XVIII OF 2014
BAB-E-PAKISTAN FOUNDATION ACT, 2014
An Act to establish Bab-e-Pakistan
Foundation.
[Gazette of
No.
PAP/Legis-2(35)/2014/1099. The
Bab-e-Pakistan Foundation Bill 2014, having been passed by the Provincial
Assembly of the Punjab on 24th June 2014, and assented to by the Governor of
the Punjab on 25th June 2014, is hereby published as an Act of the Provincial
Assembly of the
Whereas Bab-e-Pakistan Trust has been
dysfunctional since long as the National Memorial Council has not been able to
meet; death of majority of the members of the National Memorial Council has
made it impossible for the Bab-e-Pakistan Trust to manage its affairs; interim
governing body has also contributed in mismanagement of the Trust; it is
necessary to perform its functions and to take necessary steps to achieve its
objectives of the Bab-e-Pakistan Trust; therefore, it is expedient to establish
Bab-e-Pakistan Foundation to provide institutional framework for carrying out
the functions as envisaged in the memorandum and articles of association of the
Bab-e-Pakistan Trust for acknowledging sacrifices made at the time of creation
of Pakistan; to patronize, promote and develop the arts, crafts and culture of
Pakistan; and to deal with connected matters;
It is enacted as follows:
1. Short title, extent and commencement.--(1) This Act may be cited as the Bab-e-Pakistan
Foundation Act, 2014.
(2) It
shall extend to whole of the
(3) It
shall come into force at once.
2. Definitions.--In this Act:
(a) 'Board"
means Board of Governors of the Foundation,
(b) "Chairperson"
means Chairperson of the Board;
(c) "Foundation"
means Bab-e-Pakistan Foundation;
(d) "Government"
means Government of the
(e) "Member" means
a member of the Board and includes the Chairperson, Vice Chairperson and
Secretary of the Board;
(f) "prescribed"
means prescribed by rules or regulations made under the Act; and
(g) "Secretary"
means Secretary of the Foundation.
3. Establishment of the Foundation.--(1) The Government may, by notification, establish
a Foundation to be known as Bab-e-Pakistan Foundation.
(2) The
Foundation shall be a body corporate having perpetual succession and a common
seal with power to acquire, hold and dispose of the property and shall sue and
be sued by the said name.
(3) The
Foundation shall not, without prior approval of the Government, sell, mortgage
or permanently alienate any of its property or raise loans or advances.
4. Functions.--The Foundation shall:
(a) construct and maintain
national memorials for the people who sacrificed their lives for or at the time
of creation of
(b) promote
the ideology of
(c) promote national and
regional languages, arts, crafts, handicrafts and culture of
(d) organize regional,
national or international social, cultural, industrial or literary fairs,
festivals and other programmes, cultural ensembles and exhibitions, within
(e) construct, establish and
lease theme parks and allied facilities in furtherance of its purposes;
(f) conduct research, hold
seminars and workshops and arrange publication and printing of books, brochures
and pamphlets in furtherance of its objectives;
(g) construct display centers
for paintings, books, handicrafts and other intellectual products of
(h) celebrate independence day
and organize functions on national days of
(i) establish art galleries
and museum depicting struggle for the freedom, mass migration and sacrifices
for the establishment of
(j) engage professionals,
public and private sector organizations to undertake research on social and
historical matters relating to
(k) undertake land
development, grant lease of land or building in the prescribed manner to
achieve self-sustainability;
(l) encourage culture of
tolerance, peace and love as preached by the great sufi poets of
(m) promote love and
brotherhood among the people of various Provinces of Pakistan and integrate
regional diversities with national unity through art, craft and literature;
(n) interact with cultural and
literary institutions, organizations and libraries;
(o) enter into agreement with
local, national or international bodies for purposes of promotion of art,
culture and literature;
(p) facilitate equal
opportunities to women in all cultural undertakings;
(q) provide financial,
material and technical assistance for cultural development;
(r) undertake cultural
projects and programmes with local or foreign collaboration; and
(s) perform any other
function which is incidental to any of the above functions or as may be
prescribed.
5. Board of Governors.--(1) There shall be a Board to manage and
regulate the affairs of the Foundation.
(2) The
Board shall consist of not more than fifteen members including the Chairperson,
Vice Chairperson and Secretary.
(3) The
Government shall appoint the Chairperson, Vice Chairperson and other members of
the Board.
(4) A
non-official member shall be appointed for a term of two years but shall be
eligible for re-appointment.
(5) One
half of the total members shall constitute the quorum for a meeting of the
Board.
(6) All
decisions of the Board shall be made by majority of votes of members present
and voting and, in case of a tie, the person presiding shall have the casting vote.
(7) The
Chairperson or, in his absence, the Vice Chairperson shall preside over a
meeting of the Board, and, in the absence of the Vice Chairperson, the members
present at a meeting shall nominate a member to preside at that meeting.
(8) A
member, other than the Secretary, shall perform the duties without any
remuneration except such travelling and daily allowance as may be prescribed.
6. Authentication of decisions.--All the decisions of the Board shall be authenticated
by the signatures of the person presiding the meeting and the Secretary.
7. Disqualifications.--No person shall be appointed or shall
continue as the Chairperson, Secretary or member, if he:
(a) has been convicted of an
offence involving moral turpitude; or
(b) has
been found guilty of misconduct; or
(c) has been declared to be
of unsound mind by a competent court; or
(d) has
been or is adjudged as un discharged insolvent; or
(e) is incapable of
discharging his duties by reason of physical or mental infirmity and has been
so declared by a Special Medical Board appointed by the Government; or
(f) is an employee or member
of the staff of the Board other than the Secretary; or
(g) fails to disclose any
conflict of interest at or within the time provided for such disclosure by or
under this Act or contravenes any of the provisions of the Act; or
(h) stands disqualified by the
order of the Court to hold any public office; or
(i) fails to attend more than
three consecutive meetings of the Board without leave.
8. Casual vacancy.--The Government shall fill a casual vacancy
caused owing to removal or permanent absence of a member, other than an
ex-officio member, for the unexpired period of the term of the member.
9. Resignation.--A member, other than an ex-officio member,
may resign his office by tendering his resignation in writing to the
Government.
10. Removal.--The Government may, at any time, remove a
member, other than an ex-officio member, from the Board without assigning any
reason.
11. Committees.--(1) The Board may constitute such executive,
financial, technical, advisory and other committees as may be prescribed or as
may be deemed necessary for carrying out the purposes of this Act.
(2) The
committee shall perform such functions as may be assigned to it by the Board.
12. Delegation.--The Board may, subject to such conditions and
limitations as it may impose, delegate any of its functions to the Chairperson,
Vice Chairperson, Secretary, a committee or to an institution or authority
established under any law except the function to:
(a) make, amend or repeal
regulations;
(b) constitute a committee or
fill a vacancy in a committee; or
(c) approve any project,
annual budget, audited accounts and annual report of the Foundation.
13. Secretary.--(1) The Government shall appoint a Secretary
for a period not exceeding three years on such terms and conditions as the
Government may determine.
(2) The
Secretary shall be the Secretary of the Board and shall hold office during the
pleasure of the Government.
(3) Notwithstanding
the expiration of the term, the Secretary shall continue to hold office on the
same terms and conditions for a period of three months or till his successor
enters upon office, whichever is earlier.
(4) Nothing
contained in this section shall preclude the Government from appointing the
same person as Secretary for another term.
(5) The
Secretary may resign his office subject to one month's prior notice in writing
to the Government or on payment of one month's pay in lieu of the notice.
(6) The
Secretary shall:
(a) perform such functions as
are assigned to him under this Act; and
(b) have such powers,
including the powers of appointment, transfer, promotion, dismissal, and other
matters affecting the staff and employees, as are delegated by the Board or as
may be prescribed.
14. Staff.--(1) The Foundation may employ such persons as may be necessary for the
efficient performance of its functions in such manner and on such terms and conditions
as may be prescribed.
(2) The
employees of the Foundation shall hold office during the pleasure of the
Foundation and shall, subject to notice and opportunity of hearing, be liable
to such disciplinary action as may be prescribed.
15. Disclosure of interest.--(1) If the Chairperson, Vice Chairperson,
Secretary, member, a staff or other employee, including an adviser, consultant,
agent, actuary, valuator, lawyer, and auditor or the family of such a person
has, direct or indirect interest in any matter relating financial transactions
of the Foundation, such person shall forthwith disclose that interest to the
Board and the Board may take such action as it may consider appropriate.
(2) If a person
present at a meeting of the Board or of a committee or his family or his
professional or business partner or associate has direct or indirect interest
in the subject matter under consideration in that meeting, he shall:
(a) forthwith
disclose the interest; and
(b) withdraw from the meeting during the consideration of that
matter.
16. Fund.--(1) There shall be a Fund of the Foundation, which shall vest
in the Foundation and to which shall be credited all moneys received by the
Foundation.
(2) The Fund shall
consist of:
(a) grants made or loans advanced by the Government or the Federal Government
or any other Provincial Government;
(b) aid and assistance, grants, advances, donations and other
non-obligatory funds received from any person, body or entity, national or
international agency;
(c) loans and advances obtained from the financial institutions;
and
(d) any other income received
from any other source.
(3) The
Foundation may receive, own and maintain a property transferred to it by any
person, body or organization.
17. Budget.--The Secretary shall prepare annual budget comprising the expected income
and expense for the ensuing financial year and submit it to the Board for approval
in such form and manner as may be prescribed.
18. Accounts.--(1) The Foundation shall maintain proper
accounts and other records relating to its financial affairs including its
income and expenditure and its assets and liabilities in such form and manner
as may be prescribed.
(2) The
Board may open and maintain its accounts in a scheduled bank approved by the
Government.
(3) After the end of
a financial year, the Foundation shall prepare the statements of account which
shall include a balance-sheet and an account of income and expenditure during
the last financial year.
19. Audit.--(1) The Auditor General of
(2) The Government, in
addition to the audit under sub-section (1), may cause the accounts of the Foundation
annually audited by a Chartered Accountant or a firm of Chartered Accountants.
20. Recovery of dues.--Any amount due to the Foundation may be recovered as arrears
of land revenue by an officer authorized for the purpose by the Board.
21. Ejectment of unauthorized occupants.--Subject to an opportunity of
hearing, the Secretary, or any person authorized by the Board, may summarily
eject any person in unauthorized occupation of any land or property vested in
the Foundation and may for such ejectment use such force as may be necessary.
22. Immunity.--No suit, prosecution or other legal
proceedings shall lie against the Government, Foundation, Chairperson, Vice
Chairperson, member, Secretary, consultant, officer or other employees of the
Foundation in respect of anything done or intended to be done in good faith
under this Act.
23. Annual report.--(1) The Foundation shall, within three months
of the close of a financial year, submit to the Government an annual report.
(2) The report shall consist of:
(a) the statement of accounts
of the financial year;
(b) a comprehensive statement
of the work and activities of the Foundation during the preceding financial
year;
(c) future
plans and projects; and
(d) such other matters as may
be prescribed or as the Board may consider appropriate.
24. Rules.--The Government may, by notification, make rules for carrying out the purposes
of this Act.
25. Regulations.--Subject to this Act and the rules, the
Foundation may, by notification, frame regulations to give effect to the
provisions of the Act.
26. Dissolution and Savings.--(1) Notwithstanding anything contained in the
Societies Registration Act, 1860 (XXI of 1860), on the establishment of the
Foundation under this Act, the Bab-e-Pakistan Trust, established as a society on
June 04, 1992 under the said Act, shall stand dissolved and all its assets and
liabilities and staff shall stand transferred to the Foundation.
(2) Subject
to any other law but notwithstanding the dissolution of the society, anything
done, action taken, obligation, liability, penalty or punishment incurred,
agreement signed, inquiry or proceedings commenced, persons appointed,
regularized or authorized, rules made and order or notification issued under
any of the provisions of the Memorandum of Association of the said society, if
not inconsistent with the provisions of this Act, shall be deemed to have been
respectively done, taken, incurred, commenced, appointed, authorized, made and
issued under the Act.
27. Repeal.--The Bab-e-Pakistan Foundation Ordinance 2014 (IV of 2014) is hereby repealed.
---------------------
ACT XIX OF 2014
MANAGEMENT AND TRANSFER OF PROPERTIES BY DEVELOPMENT
AUTHORITIES ACT, 2014
An Act to enable the Development Authorities
in the
[Gazette of
No.PAP/Legis-2(35)/2014/1100.--The Management and Transfer of Properties by
Development Authorities Bill 2014, having been passed by the Provincial
Assembly of the Punjab on 24th June 2014, and assented to by the Governor of
the Punjab on 25th June 2014, is hereby published as an Act of the Provincial
Assembly of the Punjab.
WHEREAS it is expedient to manage immovable
properties of the Development Authorities in a manner that furthers Government's
strategic goals, prevents underutilization of such properties, regulates
transfer of properties in a manner that realizes its full potential in a fair
and transparent manner and, to deal with incidental matters;
It is enacted as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.--(1) This Act may be cited as the Management
and Transfer of Properties by Development Authorities Act, 2014.
(2) It
extends to the whole of the
(3) It
shall come into force at once.
2. Definitions.--In this Act:
(a) "Appellate
Tribunal" means the Appellate Tribunal constituted under Section 16;
(b) "Authority"
means Lahore Development Authority, Bahawalpur Development Authority, Dera
Ghazi Khan Development Authority, an Authority established under the
Development of Cities Act, 1976 (XIX of 1976), a Trust established under the Town
Improvement Act, 1922 (IV of 1922), the Punjab Housing and Town Planning Agency
or any other body or entity notified by the Government;
(c) "Destitute"
means a disabled person permanently incapacitated, otherwise than in the
performance of public duty, and cannot earn his livelihood and includes a widow
or a minor orphan whose monthly income does not exceed such limit as may be
prescribed;
(d) "Government"
means Government of the
(e) "Government Agency"
means a department, attached department of the Government, Federal Government
or any other Provincial Government, a Local Government or a body corporate or
an autonomous body, owned or controlled by any of any such Government or a Local
Government;
(f) "Property"
means a plot, a building, an immovable property or a site and "includes
earth, water, and air, above, below, or on the surface, and any improvements in
the structure customarily regarded as land, and benefits arising out of land,
and things attached to earth or permanently fastened to the earth;
(g) "Partner" means
a private party or a Government Agency, with whom an Authority enters into an
agreement to undertake a joint venture;
(h) "Prescribed" means
prescribed by rules or regulations made under the Act;
(i) "Private Party"
means a person, company, entity, firm, association, body of individuals, or
sole proprietor, other than a government agency;
(j) "Project" means
a project approved for urban development, redevelopment, or renewal, and
includes larger area plan, areas specified and notified for special use,
traffic control plans, classification and reclassification plans, a housing
scheme or zoning scheme;
(k) "Scheme" means a
development scheme or housing scheme prepared by an Authority;
(l) "Transaction"
means transfer, disposal or lease of a property and includes any contract for
purposes of transfer or lease of a property of an Authority, and
(m) "unsolicited
proposal" means a proposal, offer or bid submitted by private party for a
joint venture not in response to any formal or informal request by an
Authority.
CHAPTER II
TRANSFER AND MANAGEMENT
3. Transfer of property.--(1) Subject to this section, an Authority
shall transfer its property through open auction, allotment by ballot, or
through a joint venture with a partner whereby payment may be received in such
instalments as determined by the Authority.
(2) An
Authority shall categorise and transfer a property up to five marlas in the following manner:
|
Sr.# |
Category |
Percentage |
|
(a) |
By open auction or ballot, as may be determined by the Authority, to
the general public. |
90% |
|
(b) |
By ballot to defence personnel who become permanently disabled or the
legal heirs of the defence personnel who lay down their lives in the
discharge of official duties. |
3% |
|
(c) |
By ballot to such persons who become permanently disabled in the
performance of functions or voluntary services in relation to the affairs of
the Government, other than police personnel, or the legal heirs of the person
who die while performing such functions or services. |
3% |
|
(d) |
By ballot to police personnel who become permanently disabled in the
performance of duties or the legal heirs of the police personnel who lay down
their lives in the discharge of duties. |
3% |
|
(e) |
By ballot to a person declared destitute by the Government. |
1% |
(3) An
Authority shall transfer a property mentioned at Serial Nos. (b) to (e) in sub-section
(2), if:
(a) all the terms and
conditions specified by the Authority for the allotment of such category of
property stand fulfilled; and
(b) the
property is available for transfer in a housing scheme.
(4) An
Authority shall not transfer a property under sub-section (2) unless all claims
of exemption by the landowners are satisfied prior to categorization of
properties under that sub-section.
(5) An
Authority shall transfer public amenity and public utility property including
property for health, education, mosques and graveyards in such manner and on
such conditions as may be prescribed.
(6) An
Authority shall transfer other categories of properties including residential,
commercial and industrial properties through auction, ballot or through a joint
venture with a partner, as may be prescribed.
4. Management of property.--An Authority may give its property on lease
or rent through auction, single or two-stage bidding, or manage through a joint
venture with a partner, on such terms and conditions as may be prescribed.
5. Joint ventures.--(1) An Authority may transfer manage its property
by means of a joint venture with a partner, in which case, the Authority may:
(a) provide equity in the
form of land, structures, financial investment, development works, services,
concession of rights, or a combination thereof;
(b) receive in equity from the
partner, financial investment, development works, services, developed property,
structures, or a combination thereof; and
(c) receive from or share
with the partner, financial profit, or property, in any proportion and
combination.
(2) A
proposal for a joint venture submitted by a private party to an Authority
together with a written confirmation that it is financially viable shall be
treated an unsolicited proposal.
(3) An
unsolicited proposal:
(a) shall be accompanied by a
feasibility study and a draft agreement;
(b) shall be considered from
all aspects, specifically technical, environmental and financial aspects by the
Authority and it may seek additional information from the party submitting the
unsolicited proposal; and
(c) if approved, shall be
taken to single or two-stage bidding as may be prescribed, provided that the
private party that submitted the unsolicited proposal is given such
preferential weightage in the overall evaluation as may be prescribed, and also
the first right to match or improve the best offer received in response to the
bidding.
(4) The
provisions of the Punjab Public Private Partnership Act, 2014 (IX of 2014) or
any other law on the subject shall not apply to a joint venture project undertaken
under this section.
(5) The Authority shall select the partner for a
joint venture through open competitive bidding through single or two-stage
bidding as may be prescribed but may enter into direct contracting through a
joint venture with a Government Agency in public interest.
(6) If
the party submitting the unsolicited proposal fails to match the best offer,
the Authority shall direct the successful bidder to reimburse to the party that
submitted the unsolicited proposal such reasonable cost incurred on the
preparation of the unsolicited proposal as the Authority, after affording an
opportunity of hearing to both the parties, may determine.
(7) For
purposes of undertaking a joint venture, an Authority may incorporate a company
or a special purpose vehicle, to which the Authority may transfer its property
intended for transferor management through joint venture.
CHAPTER
III
MECHANISMS
6. Ballot.--An Authority shall conduct computerised
ballot for public for the transfer of property by registering, through public
invitation, applicants in advance and on receipt of such application fee as may
be prescribed.
7. Auction.--An Authority shall conduct ascending auction
after registering in advance and through public invitation the interested
bidders and on receipt of such earnest money as may be prescribed.
8. Single stage bidding.--(1) An Authority shall conduct bidding by
receiving sealed technical and commercial proposals separately from each
bidder, and after initially evaluating the technical proposal on the criteria
announced in advance, without opening the commercial proposal.
(2) The
Authority shall open the commercial proposals of only those bidders whose
technical proposals have been approved and select the bidder making the best
commercial offer.
9. Two-stage bidding.--(1) An Authority shall conduct the first
stage of bidding by receiving sealed proposals containing a development option
along with a business plan of the proposed development on the basis of prior
publication of basic information necessary to create a proposal.
(2) The
Authority shall select the best development proposal from the multiple options
proposed and adopt it as the criteria, after necessary modifications, for the second
stage of the bidding.
(3) The Authority shall conduct the second stage
of the bidding in the manner of single-stage bidding as prescribed in section
8, provided that the bidder whose proposal was selected under sub-section(2)
shall be allowed first right to match or improve the best commercial offer.
10. Prequalification.--(1) An Authority may prequalify bidders in
case of single or two stage bidding based on their legal, technical,
managerial, or financial capacity, or a combination thereof, provided that
criteria for prequalification is published in advance.
(2) In
case the process of prequalification is adopted, the prequalified bidders alone
shall be entitled to participate in the subsequent competition.
(3) If
the prequalified bidder retains the lead role, he may form an association,
alliance, joint venture, consortium, or any other form of partnership with any
other person or non-prequalified bidder for submitting the bid.
CHAPTER IV
TRANSPARENCY
11. Principles of bidding.--An Authority, while engaging in open
competitive bidding, shall ensure that the bidding is conducted in a fair and
transparent manner which results in the best return to the Authority.
12. Public notice.--An Authority shall give at least fifteen days
prior public notice of any intended transaction by publishing it in at least
two leading newspapers printed in English and Urdu, as well as on its website.
13. Public disclosure.--(1) An Authority shall publish results of a
transaction on its website within ten days of the execution of the transaction.
(2) An
Authority shall publish an annual digest of the potential transactions that are
available with the authority.
(3) The
digest shall be available for sale at such price as the Authority may fix amongst
other things to defray the cost on the publication and sale of the digest.
(4) An
Authority shall make public the proceedings relating to all the transactions
along with related documents and shall maintain such records of transactions
for a minimum period of five years or for such additional period as the Authority
may determine.
14. Geo-referenced inventory.--(1) An Authority shall maintain a
geo-referenced inventory of its property with valuation, usage, and any income
being earned from the properties.
(2) An
Authority shall publish the geo-referenced inventory on its website and shall
annually update the inventory at the end of each fiscal year.
15. Compliance audit.--An Authority shall carry out an annual
third-party audit of each transaction for evaluating regulatory and procedural
compliance of the transaction and shall take appropriate remedial and other
necessary action in the light of the audit report.
16. Appellate Tribunal.--(1) The Government shall, by notification in
the official Gazette, constitute an Appellate Tribunal.
(2) Any
person aggrieved from a final order passed by an officer, authority or agency
of an Authority regarding transfer, lease or any other matter consequential
thereto may, within fifteen days from the date of receipt of the order, prefer
an appeal against the order to the Appellate Tribunal.
(3) The
Government may, in the prescribed manner, regulate the procedure and
proceedings before the Appellate Tribunal.
17. Appeal.--Any person aggrieved from a final order passed by the Appellate Tribunal
may, within thirty days, prefer an appeal against the order to the Lahore High Court.
CHAPTER
V
MISCELLANEOUS
18. Categorization.--(1) At the time of sanction of a scheme, an
Authority shall:
(a) categorize
the properties or plots in the scheme as residential, commercial, industrial,
public building or public amenity properties and such other category as may be
prescribed; and
(b) indicate
the number of properties or plots, area covered by the properties or plots and
any public utility areas in the scheme.
(2) An
approved scheme shall not be altered or amended except with the prior approval
of the Authority;
19. Special dispensation.--Notwithstanding anything contained in this
Act, the Government may, in such special circumstances as may be prescribed,
allow transfer or lease of a property in such manner, at such rate and on such
terms and conditions as it may determine.
20. Rules.--The Government may make rules for carrying out the purposes of this Act.
21. Regulations.--An Authority may, subject to this Act and the
rules, make regulations for carrying out the purposes of the Act.
22. Committees.--An Authority may constitute such financial,
technical and advisory committee as may be deemed necessary for carrying out
the purposes of this Act and the committee shall exercise such powers and
perform such functions as may be delegated or assigned by the Authority or as
may be prescribed.
23. Power to delegate.--An Authority may, subject to such conditions
as may be prescribed, delegate any of its functions under this Act to an
officer of the Authority, or a committee, or an agency, or a company, or a
special purpose vehicle legally established by the Authority, except the power
to make regulations, approve the budget or a scheme or a joint venture.
24. Repeal and savings.--(1) The Disposal of Land by Development
Authorities (Regulation) Act, 1998 (XII of 1998) is hereby repealed.
(2) The
repealing of the Act under sub-section (1) shall not:
(a) revive
anything not in force or existing at the time when the repeal takes effect;
(b) affect
anything done, action taken, orders passed, instruments made, notifications
issued, proceedings initiated by an Authority under the repealed Act; or
(c) affect
any obligation or liability acquired, accrued or incurred under the repealed
Act; or
(d) affect
any proceeding instituted, continued or enforced under the repealed Act, and
any such proceeding instituted, continued or enforced under the repealed Act,
shall be deemed to be instituted, continued or enforced under this Act.
25. Repeal.--The Management and Transfer of Properties by Development Authorities
Ordinance 2014 (III of 2014) is hereby repealed.
----------------