Ord to be amended to facilitate land sharing in Islamabad

Updated 22 Dec, 2020

ISLAMABAD: The federal government has decided to amend Capital Development Ordinance, 1960 to facilitate land sharing in the Capital, official sources told Business Recorder.

The CDA exists as an autonomous statutory organization under the CDA Ordinance, 1960. The CDA's general affairs and administration are run by the CDA Board which is headed by a Chairman and includes five members ie, administration, engineering, estate, finance, and planning & design. The CDA is mandated to make arrangements for the planning and development of the Capital City.

Capital Development Authority has shared draft amendment Ordinance, 1960. Ministry of Law and Justice has vetted the draft Ordinance which is pending approval by the Cabinet, in principle.

In view of this, the vetted draft Capital Development Authority (Amendment) Ordinance, 2020 may be approved by the Federal Cabinet prior to submission to the President of Pakistan for promulgation.

The draft Ordinance is as follows: further to amend the Capital Development Authority Ordinance, I960

WHEREAS, it is expedient further to amend the Capital Development Authority Ordinance, I960 (XXlll of 1960), for matters -connected therewith or incidental thereto

And whereas, the National Assembly and/Senate committees are the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance, namely:-

It is hereby enacted as follows:-

1- Short title and commencement (1) This Ordinance shall be called the Capital Development Authority (Amendment) Ordinance, 2020.

(2) it shall come into force at once.

  1. Amendment of section 2, Ordinance XXIII of I960.- In the Capital Development Authority Ordinance, 1960 (XXIII OF 1960), hereinafter referred to as the said Ordinance, in section 2, after clause (i), the following new clause shall be inserted, namely:-

"(ia) "land Sharing" means in relation to land acquired on or after the first ( day of March.2007, handing over possession of pooled up land by land owners in specified quantum or multiple of such quantum, as the case may be, in exchange with the Authority for allotment of residential plots and it may include all such regulations and amendments to such regulations as made by the Authority under this Ordinance from time to time and after the first day of March, 2007, provided that in vase of acquisition of land for purpose other than for development of a residential facility, the Authority may devise other modes of compensation under this Ordinance.

Amendment of section 3, Ordinance XVITI of 1960. - Ordinance, in section 8, clause (f) shall be omitted.

Amendment of section 15, Ordinance XVIII of I960.- In the said Ordinance, in section 15, in sub-section (2), in clause (v) , after the word contracts , tire expression "including but not limited to joint venture, public private partnership, concession agreements etc." shall be inserted.

Insertion of new section, Ordinance XVIII of I960.- In the said Ordinance, after section 49F, the following new section shall be inserted, namely:-

49G. Ordinance to override other laws.- The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force and such law shall, to the extent of any inconsistency, cease to have any effect on commencement of this-Ordinance."

Copyright Business Recorder, 2020

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