THE KAGHAN DEVELOPMENT AUTHORITY ACT, 2020 (KHYBER PAKHTUNKHWA ACT NO. XX OF 2020) CONTENTS PREAMBLE SECTIONS CHAPTER-I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER-II RE-CONSTITUTION OF THE AUTHORITY 3. Re-constitution of the Authority. 4. Composition of the Authority. 5. Meetings of the Authority. CHAPTER-III POWERS AND FUNCTIONS 6. Powers and functions of the Authority. 7. Levy of taxes, fee, charges and delegation of powers. 8. Appointment of officers and other employees. 9. Constitution of the committees. CHAPTER-IV DIRECTOR GENERAL 10. Appointment and terms of office of Director General. CHAPTER-V PREPARATION AND EXECUTION OF SCHEMES. 11. Preparation of schemes. 12. Modification of schemes. 13. Power to give directions. CHAPTER-VI GENERAL 14. Direction by Government. 15. Borrowing money. 1 16. Power to levy betterment fee. 17. Assessment of betterment fee. 18. Property tax. CHAPTER-VII FINANCES, ACCOUNTS AND AUDIT 19. Authority fund. 20. Custody and investment of funds. 21. Budget and accounts. 22. Audit of Accounts. 23. Annual report. CHAPTER-VIII OFFENCES AND PENALTIES 24. Power to seal a building for violation of Act, rules or regulations. 25. Penalty for violation of construction or trespassing into sealed building. 26. Penalty for encroachment. 27. Penalty for illegal housing schemes. 28. Imposition of fine. 29. Violation of agreements. 30. Consequences of non-payment of fines. 31. Offences to be cognizable and non-bailable. 32. Application of the Code. 33. Appeals against the orders of the Authority. 34. Application on corporate bodies. CHAPTER-IX SUPPLEMENTAL PROVISION 35. Public servant. 36. Bar to proceedings. 37. Indemnity. 38. Power to make rules and regulations. 39. Act to override other laws. 40. Removal of difficulties. 41. Repeal and saving. SCHEDULE-I SCHEDULE-II 2 THE KAGHAN DEVELOPMENT AUTHORITY ACT, 2020 (KHYBER PAKHTUNKHWA ACT NO. XX OF 2020) (First published after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of the Khyber Pakhtunkhwa, (Extraordinary), dated the 4th March, 2020) AN ACT to reconstitute and reorganize the Kaghan Development Authority. WHEREAS it is expedient to reconstitute and reorganize the Kaghan Development Authority for the development of Kaghan Valley and other areas of District Mansehra. AND WHEREAS it is necessary to give autonomy to the Kaghan Development Authority for better management and development of Kaghan Valley and other areas of District Mansehra and to give due representation to private sector in the Kaghan Development Authority for achieving and maintaining high performance standards in the preparation and execution of schemes in the said areas; AND WHEREAS Government wants to promote Tourism in Khyber Pakhtunkhwa and Particularly in District Mansehra for which Authority will give special focus. It is hereby enacted as follows; CHAPTER-I PRELIMINARY 1. Short title, extent and commencement.---(1) This Act may be called the Kaghan Development Authority Act, 2020. (2) It shall extend to the Authority Area. (3) It shall come into force at once. 2. Definitions.---In this Act, unless there is anything repugnant in the subject or context,- (a) “Authority” means the Kaghan Development Authority, established under section 3 of this Act; (b) “Authority area” means such areas of District Mansehra as and when notified by Government from time to time; 3 (c) “Authorized Officer” means an officer of the Authority, authorized under section 28 of this Act; (d) “Chairman” means the Chairman of the Authority; (e) “Director-General” means the Director General of the Authority; (f) “executive authority” means all administrative, financial and disciplinary powers of the Authority; (g) “Government” means the Government of the Khyber Pakhtunkhwa; (h) “Government Agency” includes- (i) a division, department, bureau, section, commission, board, office, or unit of Government; (ii) a local council; and (iii) a development or any other public authority, trust, company or corporation owned or controlled by Government or a local council, as the case may be; (i) “land” means and includes earth, water and air above, below or on the surface and any improvements in the structure customarily regarded as land and benefit arising out of land and things attached to earth or permanently fastened to earth; (j) “littering” means all waste material, refuse, cans, bottles, garbage, trash, debris, dead animals or other discarded materials of every kind and description which are hazardous to environment; (k) “local council” means a local council, constituted under the Khyber Pakhtunkhwa Local Government Act 2013, (Khyber Pakhtunkhwa Act No. XXVIII of 2013); (l) “member” means a member of the Authority and includes the Chairman; (m) “person” means and includes an individual, company, firm, cooperative society or association of individuals whether incorporated or not; (n) “prescribed” means prescribed by rules or regulations; (o) “regulations” mean regulations made under this Act; (p) “rules” mean rules made under this Act; (q) “scheme” means any construction or developmental work, which shall also include master planning, carried out within the territorial limits of the Authority; and (r) “tourism” means a collection of activities, services and industries which deliver a travel experience comprising transportation, accommodation, eating and drinking establishments, retail shops, entertainment business and other hospitality services, provided for individuals or groups, travelling away from home. 4 CHAPTER-II RE-CONSTITUTION OF THE AUTHORITY 3. Re-constitution of the Authority.---(1) As soon as may be, after the commencement of this Act, Government shall, by notification in the official Gazette, re- constitute the Kaghan Development Authority, established under the Kaghan Development Authority Act, 1996 (Act No.VIII OF 1996), in accordance with section 4 of this Act and shall be known as the Kaghan Development Authority. (2) The Authority shall be a body corporate having perpetual succession and a common seal with powers, subject to the provision of this Act, to acquire, hold and transfer property, both movable and immovable and may by its name sue or be sued. (3) The head office of the Authority shall be in Mansehra; provided that the Authority may establish sub-offices within the Authority area for managing the affairs of the Authority. 4. Composition of the Authority.--(1) The Authority shall consist of eleven (11) members, to be appointed and notified by Government. (2) The members shall include- (a) six (6) members from private sector, one of whom shall be from tourism sector, with no conflict of interest; (b) one (1) local Member of the Provincial Assembly of the Khyber Pakhtunkhwa, from Tehsil Balakot; and (c) four (04) members from Government sector. (3) The members from the private sector,at clause (a), may include persons having adequate experience, skills and knowledge in relation to the field of environment, town planning, forestry, business, community development, marketing, tourism, architecture, law, finance or civil engineering. (4) The Chairman shall be elected from amongst the members of private sector, through voting from amongst themselves, who shall preside over the meetings of the Authority. In case of his absence, the Chairman may nominate any members from private sector, as acting Chairman or if he has not done so, the members present shall elect an acting Chairman from amongst themselves for that meeting. (5) The term of office of private member shall be three years which may be extended for a further period of three years, unless he resigns earlier or removed from holding such office due to disqualification or ineligibility, as the case may be, under this Act. (6) The membership of members from private sector shall cease and fall vacant if, he resigns, fails to attend three consecutive meetings without sufficient cause or for any other reasons which incapacitate to remain as member. Any such vacancy shall be filled within one month and the new member shall hold office for the remaining of the term of his predecessor. (7) The private member shall not be paid for being member of the Board. 5 (8) No person shall be appointed or remain as a member of the Board, if he- (a) is of unsound mind; (b) has applied to be adjudicated as an insolvent and his application is pending; (c) is an un-discharged insolvent; (d) has been convicted by a Court of law for an offence involving moral turpitude; (e) has been debarred from holding any office under any provisions of law for the time being in force; or (f) has a financial interest in any scheme or a conflict of interest directly or indirectly subject to the approval of Government. 5. Meetings of the Authority.---(1) The meeting of the Authority shall be regulated in accordance with procedure as may be prescribed by regulations. (2) Meetings of the Authority shall be held as and when required, but once at least in a quarter, at the time and place as the Chairman may determine. (3) Presence of seven (07) members of the Authority shall constitute the quorum for a meeting; provided that such number shall include at least two official member. (4) The decisions of the Authority shall be taken by the majority of the members present and, in case of a tie, the Chairman shall have a casting vote. All decisions of the Authority shall be reduced to writing together with a record of the discussions held in the meeting. (5) The Authority may co-opt members belonging to the relevant expertise in relation to any matter under consideration of the Authority, who may take part in discussion, but shall not be entitled to vote for or against the matter under discussion. (6) The business of the Authority shall be disposed of at its meetings or at the meetings of its committees, or by its Director General or officers or other functionaries of the Authority in such a manner as may be prescribed by regulations.