Galiyat Development Authority: KP PA passes bill to enhance private sector's role

The government of Khyber Pakhtunkhwa has passed Galiyat Development Authority (GDA) Bill, 2016 from the provincial assembly to constitute the authority with big role to private sector in the affairs of the development of tourists' attractive Galiyat areas and other regions of Hazara Division.
After the promulgation of the Galiyat Development Authority Act, 2016, the provincial government of Khyber Pakhtunkhwa will reconstitute the authority, established under the GDA Act, 1996, which will be corporate body with head office in Abbottabad and sub offices within the Galiyat areas for managing the affairs of the authority.
The authority will consist of 11 members out of which, seven members will be from private sector and four members from public sector to be appointed and notified by the provincial government.
On the insistence of the PML-N woman legislator, Aamna Sardar, the government agreed to include two local stakeholders and local concerned MPA on the Board of Directors from the quota of the private sector. However, members from the private sector may include persons having adequate experience, skills and knowledge in relations to the field of environment, town planning, forestry, business, community development, marketing, tourism, architecture, law, finance or civil engineering.
The chairman of the authority will be elected from amongst the members of private sector, through voting from amongst themselves, who will preside over the meetings of the authority. In case of his absence, the chairman may nominate any member from the private sector, as acting chairman or if he has not done so, the members present will elect as acting chairman from amongst themselves for the meeting.
The term of office of a member of private sector will 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, under the Act.
The private member will not be paid for being member of the board and no person will be appointed or remain as member of the board, if he is of unsound mind; applied to be adjudicated as an insolvent and his application is pending; is an un-discharged insolvent; has been convicted by a court of law for an offence involving moral turpitude; has been debarred from holding any office under any provision of law for the time being in force; or has conflict of interest with such position.
The decisions of the authority will be taken by the majority of the members present and, in case of a tie, the chairman or in his absence the person presiding over the meeting, as the case may be, will have a casting vote. All orders, determinations and decisions of the authority will be reduced to writing together with a record of the discussions held in the meeting.
The authority may co-opt members belonging to the relevant expertise in relation to any matter under consideration of the authority, which may take part in discussion, but will not be entitled to vote for or against the matter under discussion.
Subject to the provisions of the Act and the rules, the authority may exercise such powers and take such measures as may be necessary for carrying out the purpose of the Act. The strategy for all development works and other measures will be embedded in the objectives of environmental up-gradation and uplift of the local community. All acts of the authority, whether executive or not, will be expressed and taken in the name of the authority and will be authenticated by the Director General by affixation of his official seal.
The authority may prepare, manage and implement through lines departments and any other government agency as the authority may direct, feasible means, schemes of education, health, agriculture and industry, forest conservation and development, preservation of wildlife, promotion of tourism, improvement of water supply, land slide management, development of irrigation facilities, development of means of communication, construction and development.
The government may post a Government Officer, not below the rank of BPS-20, from a panel of three officers to act as Director General for a term not exceeding three years. Notwithstanding the expiration of three years term of his office, the Director General will continue to hold office till his successor enters upon his office; provided that the process of new Director General will be completed within six months from the date on which the term of the three years of the existing Director General is expired.
The authority may prepare schemes that will be subject to certain conditions and restrictions ie no residential plot will comprised of an area less than two kanals, nor will any such plot be sub-divided to reduce the plot size to any area of less than two kanals; provided that this restriction will not apply in relation to those plots where lawful construction work started before the promulgation of the Act. The covered area of any plot, whether residential or commercial, will not exceed one-third of the total area of the plot; provided that this provision will not be applicable on the plots which already exists before the promulgation of the Act. Similarly, no residential building raised on a plot will be more than two stories and the covered area of the top storey will not exceed half of the covered area of the ground floor and no construction in Galiyat area will be made unless the detailed plan of construction along with the site plan thereof is approved by the authority.
All constructions, whether for residential or commercial purpose, in the Galiyat area, will strictly be in accordance with the scheme and the land use plan prepared by the authority in accordance with the regulations made under the Act.
No excavation or land levelling in the Galiyat area will be made, except with the prior approval of the authority; no construction, of whatever nature, will be permissible in the Galiyat area known as Lalazar, situated between Nathiagali and Mukshpurf and on the main road leading from Abbottabad and Murree contrary to the West Pakistan Highway Act, 1959.
The Director General or any other officer of the authority, duly authorised by him, will have powers to seal any building, structure or any other premises for violation of any clause of this Act or rules, as the case may be and any person, who enters into or opens a sealed building or initiates construction in sealed building within Galiyat areas, will be liable for punishment for a term not exceeding three years or fine up to rupees one million or both; whoever, encroaches or violates the approved site plan or structure of a building in the Galiyat areas, will be liable to punishment for a term not exceeding three years or fine up to rupees two million or both.
Furthermore, whoever, develops a housing scheme or society within the Galiyat areas without prior written approval of the competent authority, will be liable to imprisonment for a term of, which may extend to three years or a fine up to rupees five million or both: whoever causes damage to the property of the authority including but not limited to sanitation, sewerage within the Galiyat areas, will be liable to a fine of rupees two million and its repetition for the second time may lead to the cancellation of the lease agreement and whoever illegally installs or alters the water supply line to any property will be liable for a fine which may extend to rupees five hundred thousand.
The amount of fine will be paid to the authority within thirty days and in the event of delay in payment of such fine such person will be liable to further fine of rupees five thousand provided that no fine will be imposed until an opportunity of hearing is given to the person liable to such fine. The offences mentioned in the Act will be deemed to be cognisable and non-bailable. No court will take cognisance of any offence punishable under the Act except upon a complaint by an officer authorised by the Director General.