SINDH ACT NO.

XI OF 1994

THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

CONTENTS

Preamble.

Sections.

1. Short title and commencement.

2. Definition.
3. Authority and its incorporation.
4. Remuneration and Privileges on-official members.
5. Appointment and duties of the Director General.
6. Officers and other staff of the Authority.
7. Functions of the Authority.
8. Meeting of the Authority.
9. Constitution of Committee.
10. Delegation of Powers.
11. Establishment of Agency.
12. Appointment and powers of Managing Director.
13. Declaration of controlled Area.
14. Erection or re-erection of buildings.
15. Master Programmes.
16. Schemes.
17. Publication of Schemes.
18. Sanction of schemes.
19. Transfer and entrustment of various schemes to the Authority.
20. Entrustment of schemes by the Authority.
21. Alteration of Schemes.
22. Power of Authority to issue directions to Government agency local
Council etc.
23. Funds of Scheme.
24. Schemes to be deemed for public purposes.
25. Betterment fee.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

26. Removal of demolition of building.
27. Removal of encroachments.
28. Taking over of streets, open spaces, etc.
29. Authority competent to exercise functions of a local council.

30. Purchase, lease or exchange of property.

31. Acquisition of land.
32. Fund of the Authority.
33. Utilization of Funds.
34. Sinking Fund.
35. Budget.
36. Maintained of Accounts.
37. Erection construction of or use of building etc. in contravention of Act.
38. Conversion of property to different use.
39. Chairman, members etc. to be public servants.
40. Report of activities.
41. Liability of Council.
42. Collection of rents or royalities.
43. Recovery of dues.
44. Jurisdiction barred.
45. Indemnity.
46. Overriding Provisions.
47. Power to make rules.
48. Power to make Regulations.
49. Dissolution of Authority.
50. Application of the Karachi Development Authority Order 1957.
51. Repeal of Sindh Ordinance No.XXIV of 1993.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

[11th April, 1994]

An Act to make provision for the development of certain Preamble.

areas of the Karachi Division and improvement of socio-
economic conditions of the people of such area and establish
an Authority for such purpose;

WHEREAS it is expedient to make provision for the Preamble.

development of certain areas of the Karachi Division and
improvement of socio-economic conditions of the people of
such areas and establish an Authority for such purpose;

It is hereby enacted as follows:-

CHAPTER –I
PRELIMINARY

1. (1) This act may be called the Malir Development Short title and
Authority Act, 1993. commencement.

(2) It shall extend to the areas of the Karachi Division

mentioned in the Schedule and Government may, from time to
time, by notification, extend the area by amending the
Schedule.

(3) It shall come into force at once.

2. In this Act unless there is anything repugnant to subject or Definition.

context—

(a) ―Agency‖ means an agency established under

section 12;
(b) ―area‖ means the area mentioned in sub-section (2)
of section I;
(c) ―Authority‖ means the Malir Development Authority
established under section 3;
(d) ―betterment fee‖ means the fee levied under
section 26;
(e) ―budget‖ means an official statement of annual
income and expenditure of the Authority;
(f) ―Chairman‖ means the Chairman of the Authority;
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

1[―(ff)―consolidation of land‖ means adjustment of
plots in a scheme by way of exchange or
otherwise for the purpose of the scheme;‖.‖]
(g) ―Controlled Area‖ means an area declared as
controlled area under section 14;
(h) ―Director General‖ means the Director General
appointed under section 6;
(i) ―Fund‖ means the Fund of the Authority;
(j) ―Government‖ means the Government of Sindh;
(k) ―land‖ includes earth, water, air above, below or on
the surface of land and anything attached to the
earth or permanent fastened to anything attached
to the earth;
(l) ―Master programme‖ means a programme
prepared under section 16;
(m) ―Member‖ means a member of the Authority;
(n) ―prescribed‖ means prescribed by rules or
regulations made under this Act;
(o) ―rules and regulations‖ means rules and regulations
made under this Act;
(p) ―scheme‖ means a scheme prepared, undertaken
or executed under this Act;
(q) ―Schedule‖ means schedule to this Act;
(r) ―Service Area‖ means urban area declared as
service area by the Authority under section 12;
(s) ―urban area‖ means an area within the limits of a
town, municipality or city, and includes any area
declared as such by Government under this Act.

CHAPTER – II
CONSTITUTION AND FUNCTIONS OF THE AUTHORITY
3. (1) There shall be an Authority to be called the Malir Authority and its
Development Authority for carrying out the purposes of This Act. incorporation.

(2) The Authority shall be a body corporate, having

perpetual succession and a common seal with power, subject
to the provisions of this Act, to acquire, hold and to dispose of
property, both movable and immovable property, and may, by
the said name, sue and be sued.

(3) The headquarters of the Authority shall be at

Karachi or such other place as Government may fix by
notification.

1
In section 2, after clause (f), insert new clause (ff) vide Sindh Act No.LVI of 2013 dated December 19, 2013.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

4. 1[“(1) The Authority shall consist of— [Constitution of
the Authority”]

(a) Minister for Local Government, Chairman

Public Health Engineering, Rural
Development and Housing Town
Planning, Sindh
(b) One Local Member of the Member
Provincial Assembly to be
nominated by Government
(c) Secretary, Local Government, Member
Public Health Engineering, Rural
Development and Housing Town
Planning Department

(d) Commissioner, Karachi Member

(e) Managing Director, Karachi Member
Water and Sewerage Board

(f) Director General Malir Member/

Development Authority Secretary
(g) Two Persons to be nominated by Members
Government (one Technocrat
and one from Civil Society)”]

(2) The Chairman shall be appointed by Government

who shall hold office of a period of three years unless he resigns
or is removed earlier.

(3) A non-official member shall hold office for a period

of three years unless he resigns or is removed earlier.

(4) A non-official member may, at any time, by wiring

under his hand addressed to Government resign his
membership and the resignation shall take effect from the date
on which it is accepted.

(5) A casual vacancy in the office of non-official

member shall be filed in accordance with sub-section (1) and
the member so appointed shall hold office for the un-expired
portion of the term of such vacancy.

1
In section 4, for sub-section (1) substituted vide Sindh Act No.LVI of 2013 dated December 19, 2013.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

5. Non-official members shall receive such remuneration, Remuneration
fees and allowance and enjoy privileges, as may be and Privileges
determined by Government. on-official
members.

6. (1) The Director General shall be appointed by Appointment

Government on such terms and conditions as Government may and duties of the
determine. Director General.

(2) The Director General shall be the Chief Executive of

the Authority, and shall, subject to general or special directions
of Government, perform such duties and exercise such powers
as may be delegated to him by the Authority.

(3) Where the Director General is absent from duty for

any reason, or is unable to perform the functions of his office,
Government may nominate any one of the persons mentioned
in sub-section (1) of section 4 to perform the duties and exercise
the powers of the Director General.

7. The Authority may, subject to general or special orders of Officers and

Government appoint such officers, advisers, experts, other staff of the
consultants and employees on such terms and conditions as it Authority.
may deed fit, for efficient performance of its functions.

8. (1) Without prejudice to the generality of the foregoing Functions of the

powers and subject to the general or special directions of Authority.
Government, the Authority shall:-

(i) prepare or cause to be prepared and execute

schemes for the development of the area and
improvement of socio-economic conditions of the
people of that area;
(ii) develop, operate and maintain water works and
irrigation projects;
(iii) prepare, develop, operate and maintain agriculture
schemes, and poultry , fruit vegetable and pan
farming and undertake agriculture research and
plant protection;

1[―(iii-a)
consolidate any land in such manner as may be
prescribed by rules;‖]

(iv) develop livestock and fisheries;

1
In section 8, sub-section (1), after clause (iii), insert a new clause (iii-a) vide Sindh Act No.LVI of 2013
dated December 19, 2013
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

(v) prepare, develop, operate and maintain forests,
including pastures and green belts;
(vi) prepare, cause to be prepared, develop and
operate and maintain the schemes relating to
industrial or commercial purposes and ancillary
thereto;
(vii) prepare, develop, operate and maintain schemes to
generate income for unemployed persons of the
area;
(viii) formulate, implement and executive schemes for the
development of urban, rural and industrial areas;
(ix) provide, develop, operate and maintain public
works relating to socio-economic upliftment of the
people through its own agencies or agencies
through private sector or in collaboration with other
national, international agencies or non government
organization;
(x) act as development agency for the Federal and
Provincial Governments or any local authority or
autonomous body;
(xi) collaborate with the Federal or Provincial public or
private agencies engaged in the development
activities;
(xii) co-ordinate the development activities of various
agencies in the area;
(xiii) provide technical guidance including technical
services and personnel for development and co-
ordination of development activities;
(xiv) render financial assistance for schemes relating to
development and improvement of the area and to
raise eh income level of the people within its
jurisdiction;
(xv) undertake the execution of schemes entrusted to it
by the Federal or Provincial Government or any local
authority or autonomous body;
(xvi) undertake research in Development planning;
(xvii) prescribed procedure and lay down standards for
development;
(xviii) compile literature on planning and development
and distribute such literature amongst the persons
and agencies engaged or interested in
development work;
(xix) arrange and conduct training programmes and
seminars on planning and development.
(xx) promote professional organizations for planning and
development work; and
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

(xxi) perform such other functions as may be considered
necessary for achieving the objectives of the
Authority or as assigned to it by Government;

(2) The Authority may—

(i) take such measures and exercise such powers as

may be necessary for carrying out the purposes of
this Act;
(ii) acquire permanently or requisition temporarily
property movable or immovable;
(iii) dispose any land or other property vested in it by
sale, lease exchange or otherwise;
(iv) undertake any works in pursuance of any scheme or
otherwise entrusted to it or brought under its control;
(v) incur any expenditures for carrying out the purposes
of this Act;
(vi) procure plant, machinery, instruments or material
required for its use;
(vii) enter into and perform all such contracts as it may
consider necessary;
(viii) cause removal of any obstruction in execution of
any work or scheme;
(ix) issue interim orders for development pending
preparation of scheme;
(x) restrict or prohibit by general or special order, any
change in use of land and alteration of any building;
structure or installation;
(xi) cause any building, structure or installation to be
dismantled or removed;
(xii) require any person or body of persons or agency
engaged in development work to furnish any
information, record, report or plan relating to matter
under this Act;
(xiii) make inspection of any development project under
execution or about to be undertaken together with
record thereof;
(xiv) require any person or body of persons or agency
concerned with any development project,
programme or scheme to obtain its prior permission
for undertaking any specified action in respect of
such project, programme or scheme;
(xv) direct or, as the case may be, advise any person or
body of persons or agency concerned with any
development project, programme or scheme to do
or omit to do anything in relation to such project,
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

programme or scheme, and hold consultation with
and seek advice or assistance from any person or
body of persons or agency engaged in
development works in relation to preparation or
execution of any scheme and such persons or body
of persons or agency shall give the advice and
assistance sought by the authority to the best of his
or its ability, knowledge and judgement and the
expenditure if any involved in giving such advice or
assistance shall be borne by the Authority.

(3) If in exercise of powers by the Authority under sub-

section (2), any dispute arises between the Authority and any
person or body of persons or agency, it shall be referred to and
decided by such person or authority as may be appointed by
Government in this behalf and the decision given by such
person or authority shall be final:

Provided that Government may on its own initiative or on

motion by any person or body of persons or agency involved in
the dispute, revise or modify such decision.

9. (1) Any matter required to be decided by the Meeting of the

Authority shall be decided in a meeting of the Authority Authority.
presided over by the Chairman, by vote of majority of the
members present in such meeting.

(2) Each member shall have one vote; provided that in

case of a tie, the Chairman shall exercise a casting vote.

(3) One-third of the total members shall form a quorum

for a meeting of the Authority.

(4) The Authority shall meet at such place and time

and in such manner as it may prescribe.

10. The Authority may, constitute committees such a Constitution of

Financial Committee, Technical Committee, Advisory Committee.
Committee or such other Committee for carrying out the
purposes of this Act.

11. The Authority may, be general or special order, and Delegation of

subject to such conditions as it may impose, delegate any of its Powers.
powers, functions and duties, to the Chairman or member or
any committee or the Director General or any other officer or
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

employee or adviser, expert or consultant.

12. (1) Government may, by notification, declare any Establishment of

area under the jurisdiction of the Authority as service area. Agency.

(2) The Authority may, and if so ordered by

Government shall, establish an agency consisting of one or
more persons for a service area.

(3) The Agency shall perform such functions, provide

such services and exercise such powers of the Authority as may
assign it by the Authority.

13. (1) Where an Agency is established under section 12, Appointment

the Authority shall, with prior approval of Government and on and powers of
such terms and conditions as may be determined by Managing
Government appoint a Managing Director. Director.

(2) The Managing Director shall be the Chief Executive

of the Agency and shall perform such functions and exercise
such powers as may, from time to time, be entrusted to him by
the Agency.

CHAPTER – III
DECLARATION OF CONTROLLED AREA AND PREPARATION OF
MASTER PROGRAMME AND SCHEMES AND THEIR EXECUTION.

14. The Authority may, by notification, declare any area Declaration of

under jurisdiction of Authority to be controlled area and issue controlled Area.
such directions and do such things as may be necessary for the
prevention of haphazard growth, encroachments, unauthorized
constructions or operations in such area and for planned
growth of the area.

15. (1) No person shall, within the controlled area, erect or Erection or re-
re-erect any building, make any material external alteration in, erection of
or addition to any existing building or construct or reconstruct buildings.
any projecting portion thereof save with the permission of the
Authority.

(2) The permission under sub-section (1) shall be

granted in such manner and on such terms and conditions as
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

may be prescribed by the Authority.

(3) A person who makes or extends any excavation,

erects or re-erects any buildings, or makes any material eternal
alteration in or addition to any existing building or constructs or
re-constructs any projecting portion of building, within a
controlled area shall, within two months of the completion of
such work intimate the Authority in writing about such
completion.

(4) The Authority may, on receipt of the intimation

under sub-section (3) authorize an officer or any other person to
inspect such work and after such inspection pass such order as
it deem fit.

(5) Where any person contravenes the provisions of

sub-section (1) or sub-section (3) or order passed under sub-
section (4), the Authority may take such measures as may be
necessary to enforce such provisions or order and the
expenditure incurred on such enforcement shall be recovered
from the person concerned.

16. (1) The Authority shall, as soon as may be, prepare Master
Master Programme for development, improvement, expansion Programmes.
and beautification of such areas or such sectors of economy as
in its opinion or in the opinion of Government need to be
developed, improved, expanded and beautified and submit
such programme for approval of Government;

(2) Government may approve the aforesaid

programme in its original shape or with such modifications as it
deems fit.

17. (1) The Authority may, and if directed by Government Schemes.

shall, prepare specific scheme or schemes for a controlled area
or part thereof in such form and such manner as may be
prescribed.

(2) The Authority may, on the request of any Local

Council, Government agency, society or any person or body of
persons, assist in preparation of, or caused to be prepared, any
scheme on such terms and conditions as may be settled
between them.

(3) The scheme under this section may relate to—

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(a) Land use and land reservation;

(b) zoning;
(c) community planning, housing re-housing and slum
clearance and amelioration;
(d) public buildings, including schools, colleges, libraries,
museums, community centres, hospitals, charitable
institutions, mosque, markets and musafirkhanas;
(e) street and roads;
(f) water supply, drainage, sewerage and sewerage
disposal;
(g) parks, gardens, play-grounds, graveyards, and open
spaces used for public gathering or any other public
purposes;
(h) community facilities including supply of electricity
and gas;
(i) preservation of objects or places of historical or
scientific interest or natural beauty;
(j) public transport and communication system;
(k) commercial and industrial enclaves;
(l) removal or hazards to life and property of citizens;
(m) utilization of natural resources;
(n) any subject or matter concerning public.

(4) Such schemes shall, among other things contain:-

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

execution;
(b) estimate of cost and allocation thereof to various
purposes to be served by the scheme;
(c) benefit of the scheme;
(d) public or private property or such interest affected
by the scheme and the proposal to deal with such
property or interest.

18. Every scheme prepared by the Authority shall be Publication of

published in the official Gazette and local daily newspapers, Schemes.
one in English and one each in Urdu and Sindhi for inviting
objections and suggestions thereon, within thirty days of the
publication of the scheme.

19. (1) The Authority shall, after considering the objections Sanction of
and suggestion, if any, under section 19 and hearing the schemes.
persons making such objections and suggestions if the Authority
considers such hearing necessary, sanction of modify or
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

withdraw the scheme if the cost thereof does not exceed ten
lacs of rupees and no loan or grant is required therefore from
Government and submit other schemes with its
recommendations to Government.

(2) Government may, after hearing such persons

whose objections or suggestions are not accepted by the
Authority, if it considers such hearing necessary, sanction the
scheme with or without modification, or refuse to sanction it, or
return it for reconsideration, or call for such further details or
information about the scheme or direct such further
examination as it deems fit.

(3) Where Government or, as the case may be, the

Authority has sanctioned a scheme, the order of Government
or the Authority sanctioning such scheme shall be published in
the official Gazette and thereafter it shall be lawful for the
Authority to undertake the execution of such scheme.

20. (1) Government may, on such terms and conditions as Transfer and
may be determined by Government transfer to the Authority entrustment of
any scheme sanctioned or undertaken by Government or any various schemes
local council or Government agency and place at the disposal to the Authority.
of the Authority any funds and properties moveable or
immovable, connected with or ancillary or appurtenant to such
scheme and thereafter I shall be lawful for the Authority to
undertake the execution of such scheme.

(2) It shall be lawful for the Authority to undertake

many works or execution of any scheme as may be entrusted
to it by the Federal Government on such terms and conditions
as may be mutually settled between the Authority and the
Federal Government.

(3) The Authority may, on request of any local council,

Government agency, society or any person or body of persons
undertake any work or execution of any scheme entrusted to it
by such local council, Government agency, society, person or
body of persons on such terms and conditions as may be
mutually settled between them.

21. The Authority may, with the approval of Government Entrustment of

entrust the execution of any scheme providing for any schemes by the
amenities in the area of any scheme or the maintenance of Authority.
any works or services to any person, body of persons, firm or
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

company on such terms and conditions as may be mutually
settled between the Authority and such person, body of
persons, firm or company within the scope of the terms and
conditions as may be prescribed.

22. (1) At any time after sanctioning of any scheme by Alteration of

Government or Authority but before its completion, the Schemes.
Authority may alter it, with the approval of Government if by the
alteration the cost of the execution of the scheme is likely to
increase by more than ten percent of such cost of fifty
thousand rupees and without approval of Government if by
such alteration, the cost of the execution of the scheme is not
likely to exceed such limits.

(2) If the alteration under sub-section (1) involves

acquisition, otherwise than by agreement, of any land or, in any
manner, adversely affects any property or interest of any local
council, Government agency, society, person or body of
persons, the procedure laid down in section 19 and 20 shall be
followed for sanctioning of the alteration.

23. (1) The Authority may, with the approval of Power of

Government require a Government agency or local council Authority to issue
within whose jurisdiction any scheme sanctioned by directions to
Government is to be executed— Government
agency local
(a) to execute such scheme or part thereof in Council etc.
consultation with and under the direction of the
Authority;
(b) to take-over and maintain any of the works or
services or provide any amenities which in the
opinion of the Authority ought to be provided in the
area of such scheme;
(c) to enforce regulations on behalf of the Authority.

(2) The expenditure incurred on the execution of any

scheme or on the taking over or maintenance of any works or
services, or providing any amenities or the enforcement of the
regulations under sub-section (1), shall be borne as may
mutually be agreed upon between the Authority and the
Government agency or local council an in the event of
disagreement, as may be determined by Government.
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24. (1) The Authority may, with prior consent of Funds of
Government raise funds from time to time for meeting the cost Scheme.
of execution of the schemes including the schemes to the
executed and works to be maintained by any agency by
levying rates, fees and other charges.

(2) The rates, fees and other charges shall be levied

and collected in such manner and in accordance with such
procedure as may be prescribed.

(3) The funds raised by imposing rates, fees and other

charges shall be spent on such schemes, works and projects
and in such manner as the Authority may, with approval of
Government decide or as Government may direct.

25. All schemes framed under this Act and operated by or on Schemes to be
behalf of the Authority shall be deemed to be the scheme for deemed for
public purposes. public purposes.

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

(2) The betterment fee shall be levied and collected at

such rate, not being more than half of the amount by which the
value of the property on the completion of the execution of the
scheme, exceeds the value of the property prior to such
execution, as the Authority may determine.

(3) When it appears to the Authority that any scheme

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

(4) The Authority shall at the expiry of fifteen days after

the service of the notice under sub-section (3), or if any
representation is made against the determination of betterment
fee, after rejection of such representation, proceed to levy and
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collect the betterment fee in such manner and in accordance
with such procedure as may be prescribed
27. (1) If the Authority is of the opinion that for the purpose Removal of
of execution of a scheme it is necessary to remove or demolish demolition of
any building it may order such building to be removed or building.
demolished:

Provided that such removal or demolition shall not be

ordered un less opportunity of being heard is given to the
owner or occupier of such building.

(2) If any building is ordered to be removed or

demolished under sub-section (1), there shall be paid
compensation, the amount of which shall be determined 1[“by
the Authority.”]

28. If the Authority is of the opinion that for the purpose of Removal of
execution of a scheme, it is necessary to remove any encroachments.
encroachment made on any land or building, it shall proceed
to have such encroachment removed in accordance with the
law for the time being in force for removal of encroachments,
as if the land or building from which the encroachment is to be
removed belongs to the Authority.

29. (1) Whenever any street, road, drain, open space is Taking over of
needed for execution of any scheme, the Authority shall cause streets, open
to be fixed inconspicuous place in or near such street, road, spaces, etc.
drain, etc. or space a notice signed by the Chairman or some
other person authorized by him stating the purpose for which
the street, road, drain or space is needed and declaring that
on or after the dates as may be specified in the notice, the
Authority will take over such street, road, drain or space, and a
copy of such notice shall also be sent to the owner of the street,
road, drain or space, at his or its last known address.

(2) The Authority may, after considering objections, if

any, received before the date specified in the notice under
sub-section (1), take over the charge of the street, road, drain
or open space and issue any direction or make any order as to
closure or otherwise of such street, road, drain or space.

(3) The Authority shall pay to the owner of the street,

road, drain or open space such compensation for any loss or
damage caused thereto as may be determined by a person or
1
In section 27, sub-section (2) for the words substituted vide Sindh Act No.LVI of 2013 dated December 19, 2013.
 SINDH ACT NO.XI OF 1994

THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

officer appointed in this behalf by the Authority.

30. Government may, be notification, direct that the Authority

Authority shall notwithstanding anything contained in any law competent to
for the time being in force, be competent to exercise powers exercise
and perform functions of a local council or Government functions of a
agency within the controlled area. local council.

CHAPTER – IV
ACQUISITION OF PROPERTY

31. The Authority may, by purchase, lease or exchange, Purchase, lease

acquire any movable or immovable property or any interest or exchange of
therein by entering into an agreement with the party property.
concerned.

32. Where the Authority is of the opinion that nay land Acquisition of
needed for any scheme or other public purpose cannot be land.
acquired under section 31, such land may be acquired in
accordance with the Hyderabad Development Authority Act,
1976 and any reference in that Act to the Hyderabad
Development Authority shall be deemed to be a reference to
the Authority.

CHAPTER – V
FINANCES

33. (1) There shall be a separate fund known as the fund Fund of the
of the Authority which shall vest in the Authority. Authority.

(2) The fund shall consist of—

(a) grants made by Government;

(b) grants made by local councils;
(c) loans raised or obtained by the Authority;
(d) sale proceeds of movable or immovable
properties;
(e) all moneys received from the Federal
Government or an international agency;
(f) all fees , receipts and charges received under
the Act;
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

(g) moneys received from utilization or service
rendered by any agency;
(h) proceeds of self-financing schemes;
(i) all other sums receivable by the Authority.

(3) There shall be a separate accounts of each

agency in respect of the moneys received under clause (g) of
sub-section (2).

(4) The amounts credited in the fund shall be

deposited with the State Bank or its agency or with the
approval of Government, with any scheduled Bank.

(5) The Authority may, invest its funds in any security of

the Federal Government or any Provincial Government or any
other security approved by Government.

(6) The Authority may, with the approval of

Government, raise funds by issuing bonds or debentures for
financing any scheme, work or project or for such other
purpose.

(7) The Authority may, obtain loan from Government

or any bank on such terms and conditions as may be specified
Government.

34. (1) The Authority may utilize the fund for – Utilization of
Funds.
(a) meeting charges in connection with its functions
under the Act including payment of salaries and
other remuneration to the Chairman, members,
officers including Director General, Managing
Director, servants, experts, consultants and other
employees of the Authority and the agencies.
(b) incurring expenditure on execution of any scheme
or work authorized by or under this Act;
(c) payment of compensation for any land acquired
under this Act;
(d) repayment of loans and interest thereon;
(e) other expenses required for carrying out the
purposes of this Act;

(2) The moneys received under clause (g) of sub-

section (2) of section 34 shall exclusively be utilized for the
purposes of the agency for which such moneys are received.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

35. (1) The Authority may, and if directed by Government Sinking Fund.
shall, establish a sinking fund for the payment of any loan
obtain the Authority and shall pay into that fund such sums as
will, with accumulations of interest, be sufficient to repay the
loan.

(2) The sinking fund may be utilized for carrying out any
purpose under this Act, after the repayment of the loan for
which such fund is established.

(3) Every year the sinking fund shall be examined by

the Accountant General and if he certifies that assets of the
fund fall short of the limit at which the assets would have been
normally kept, the Authority shall pay into the fund the amount
equivalent to the certified shortage.

(4) If any dispute arises between the Authority and the

Accountant General as the accuracy of any certificate under
sub-section (3), the Authority may after making the payment
referred to in that sub-section, refer the matter to Government
for decision.

36. (1) The Authority shall prepare a statement of Budget.

estimated receipts and expenditure for every financial year and
submit such statement to the Government for approval six
months before the commencement of such financial year.

(2) The estimated receipts and expenditure in respect

of each agency shall be shown under a separate head in the
statement under sub-section (1).

(3) Government may sanction the budge submitted

under sub-section (1), or make such modifications as it deems
fit.

(4) If the budget duly sanctioned by Government is

not received before the commencement of the financial year,
it shall be deemed to have been sanctioned by Government.

(5) The Authority shall not, except with the prior

approval of Government, incur expenditure in excess of the
sanctioned budget.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

37. (1) The accounts of the Authority and an Agency shall Maintained of
be maintained in such form and in such manner as may be Accounts.
prescribed.

(2) The accounts maintained under sub-section (1)

shall be audited by not less than two Chartered Accountants.

(3) A statement of accounts duly audited by the

auditors under sub-section (2) shall be furnished to Government,
as soon as may be, after the end of every financial year.

(4) Government may authorize the Accountant

General to conduct the test or other audit of the accounts
submitted under sub-section (3), on such terms and conditions
as Government may determine.

CHAPTER – VI
MISCELLANEOUS

38. (1) If any building, structure, works or land is erected, Erection

constructed or used in contravention of the provisions of this construction of or
Act, or of any rules, regulation or order made thereunder, the use of building
Deputy Commissioner or any person authorized by him or the etc. in
Authority in this behalf, may by order in writing, require the contravention of
owner, occupier, user or person in control of such building, Act.
structure, work or land to remove, demolish or after the building,
structure or work or to use it in such manner so as to bring such
erection, construction or use, in accordance with the said
provisions of this Act.

(2) If an order under sub-section (1) in respect of any

building, structure, work or land is not complied with, within such
time as may be specified therein, the Deputy Commissioner, or
any person authorized by him or the Authority in this behalf
may, after giving the persons affected by the order, an
opportunity of being heard, remove, demolish or alter the
building, structure or work, or stop the use of the land and, in so
doing may use such force as may be necessary and may also
recover the cost thereof, from the person responsible for the
erection, construction or use of the building, structure, work or
land in contravention of the provisions os aforesaid.

39. Any conversion of property to a use or purpose other Conversion of

than the one provided under a scheme, by a person or agency property to
without the previous approval of the Authority in writing, shall be different use.
 SINDH ACT NO.XI OF 1994

THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

punishable with a fine which may extend to one hundred
rupees per day from the date of its conversion till the default
continues or with imprisonment for the term which may extend
to one year or with both.

40. The Chairman, members, officers, including Director Chairman,

General and Managing Director and all other employees of the members etc. to
Authority and an agency shall be deemed to be public be public
servants within the meaning of section 21 of the Pakistan Penal servants.
Code.

41. The Authority shall, at the close of every calendar year, Report of
prepare a report of its activities during that year and submit activities.
such report to Government in such form and on or before such
date as may be prescribed.

42. Every Local Council in the area shall contribute to the Liability of
Authority every year by such date as may be prescribed such Council.
percentage of the taxes, rates, tools, fees and octroi levied by
the council during a financial year as Government may
determine.

43. Notwithstanding anything contained in any law, rules or Collection of

agreement all moneys, rents or royalties payable in respect of rents or royalities.
lease or licence granted for surface minerals in the area shall
be paid to and collected by the Authority.

44. Any sum due to the Authority or an agency or wrongly Recovery of

paid by the Authority or an Agency under this Act, shall be dues.
recoverable by as arrears of land revenue.

45. (1) No Court shall have jurisdiction to grant any Jurisdiction

injunction or make any order or entertain any proceedings in barred.
relation to anything done or intended to be done under this
Act.

(2) No act done or proceedings taken or order passed

under this Act, shall be rendered invalid merely on the ground
of—

(a) any vacancy in the Authority or any committee, or

any defect in the constitution thereof;
(b) non-service of notice on any person where
substantial justice has been done; and
(c) any omission, defect or irregularity note affecting the
merits of nay case.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

46. No suit or legal proceedings shall lie against Government, Indemnity.

Authority, Agency or any other person in respect of anything
done or intended to be done under this Act.

47. The provisions contained in this Act or the rules and Overriding
regulations thereunder shall have effect notwithstanding Provisions.
anything contained in any other law, rules or regulations.

48. Government may, by notification in the official Gazette, Power to make

make rules for the purpose of giving effect to the provisions of rules.
this Act.

49. (1) Subject to the provisions of this Act and the rules, Power to make
the Authority may, by notification in the official gazette and Regulations.
with previous approval in writing of Government, make
regulations for carrying out the purpose of this Act;

(2) In particular and without prejudice to the generality

of the foregoing powers, such regulations may provide for—

(i) the meeting of the Authority;

(ii) conduct of business in such meetings;
(iii) terms and conditions of service of officers and
staff of the Authority and Agency; and
(iv) any other matter required by the provisions of this
Act to be provided by regulations.

50. Government may, by notification in the official Gazette, Dissolution of

declare that the Authority shall be dissolved on and from such Authority.
date as may be specified in such notification and on such
dissolution of the Authority all properties, funds and other assets
shall vest in and be realizable by Government or by such other
authority, body or agency as Government may specify.

51. The provisions of the Karachi Development Authority Application of

Order, 1957 shall not apply to the areas within the jurisdiction of the Karachi
the Authority. Development
Authority Order
1957.

52. The Malir Development Authority Ordinance, 1993 is Repeal of Sindh

hereby repealed. Ordinance
No.XXIV of 1993.
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THE MALIR DEVELOPMENT AUTHORITY ACT, 1993

SCHEDULE
( SEE SECTION 1(2) )

Areas under the jurisdiction of the Malir Development Authority:-

Territorial areas under Union Councils comprising of—

(i) Union Council, Ibrahim Hyderi.

(ii) Union Council, Landhi.
(iii) Union Council, Darsana Chhana.
(iv) Union Council, Gadap.
(v) Union Council, Thano.
(vi) Union Council, Konkar.
(vii) Union Council, Moidan.
(viii) Union Council, Songal.
(ix) Millat Garden of Unit No.100.
(x) Karachi Metropolitan Corporation Unit Nos.94 and
95 including Sahibdad Village of Unit No.102.
(xi) Karachi Metropolitan Corporation Unit Nos.88, 90,
91, 92, 93 and 73 excluding Burmi Colony, Sharif
Colony, Labour Colony, Awami Colony and
Industrial Areas.
(xii) Villages namely Pir Bux Goth, Hashim Goth,
Panhwar Goth, Ismail Goth and Jamal Goth.

Typed & corrected by:

________________
Zameer A.Usmani