Balochistan Coastal Development Authority Act, 1998 (Act No. I of 1998)

ACT I OF 1998 HALOCHISTAN COASTAL DEVELOPMENT AUfHORITY ACT, 1998 An Act to provide for the establishment of an authority for the planni']S,,..development, preservation, monitoring, construction, operation, management and maintenance of coasial areas in Balochistan (Gazelle of Balochistan, Extraordinary, 12th February, I 998] No.PAB/LEGIS.V(9)/98, dated 12-2-1998.---The Balochistan Coastal Development Authority Bill, 1998 having been passed by the Provincial Assembly ori 24th January, 1998 and assented to by 1he Govenror of Balochistan is hereby published as an Act of the Provincial Assembly. Preamble.-Whereas it is expedient to establish an authority for planning, development, preservation, moni1oring, construction, operation, management and maintenance of the coastal areas of Balochistan of the purposes of fostering of all resources concomitant to coastal development and for waters connected therewith or ancillary thereto; It is hereby enacted as follows:-­ CHAPTER I PRELIMINARY I. Short title, extent and commencement.-(!) This Act may be called the Balochistan Coastal Development Authority Act, l 99~. (2) II shall come into force a1 once. (3) It shall extend to the coastal areas of Balochistan and adjoining upland areas up to 30 k.m. from the high tide water line excluding township, villages. defence and other Federal Government installations. LIEDA and Caddani Ship Breaking, concomirant for its coastal development. 2. Definitions.-In this Act, unless there is anything repugnant in the SUl>jecl or comext: (a) ·Authority", means Balochistan Coastal Development Au$ority established under lhis Act. 16 Act. this Act. Balochistan Coastal Development Authority Act, 1998 (b) "Chairman" means the Chairman of the Governing Body/ . ' (c) "Coastal areas" means the coastal area of the Balochistan Province~ '. ,, (d) "Fund· means the fund of the said Authority. (e) "Governing Body" means the Governing Body constituted under this (f) "Government" means the Government of Balochistan. (g) "Master Plan" means a Plan prepared under this Act. (h) "Member• means a member of the Governing Body. (i) "Prescribed" means prescribed by rules or regulations made un~r' U) "Rules and regulations" respectively means rules and regulations made under this Act. (k) "Scheme" means a scheme prepared undertaken or executed under this Act. (I) "Building" includes any factory, industrial or business establishme11t • and any other structure whether meant for residential, business or recreational·. purposes or not, made of masonry bricks, Wood, Mud, Thatched material or ~y. other material but does not include a temporarily made structure for the purpose of Agriculture. (m) "Port Area" means a major port falling within the jurisdiction·of Federal Government of Pakistan as per Federal Legislative List of the 1973 .. Constitution of Pakistan. (n) "Landing Jetties and Harbours" means the areas falling 'under the: Provincial Limits of Balochistan Government. • • • . (o) "Land" includes the bed of the sea below high water mark, and also things attached to the earth or permanently fastened to anything attached to the( earth. •• CHAPTER-II ESTABLISHMENT AND FUNCTIONS OF THE AUTHORITY. 3. Establishment or the Authority.-(!) There shall be established. aii authority to be called the Coastal Development Authority for carrying out the. purpose ?f this Act. l'W Balochistan Statutes 17, . '• (2) The Authority shall be a Body Corporate,. having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and may, by the said name, sue and be sued. • ,I • (3) l11e Headquarters of the Authority shall be at Gowadar. I 4. Management.-(!) The general directions administration of the authority and its affairs shall vest in the Governing Body which may exercise all powers am;! do all acts and things which may be exercised or done by the Authority. (2) The Governing Body in discharging its functions shall act on sound principles of planning, development operation, management and maintenance··of • Qastal areas and shall be guided on questions of policy by such directions as Government may, from time 10 time, give. (3) If any qui;stion arises as to whether any matter is matter of policy or not, the decision of Government shall be final. 5. Constitution of the Governing Body.-(!) The Governing Body shall consist of the Chairman 10 be appointed by the Government anq the following members: (a) Administrative Secretaries of the following Departments of Government of Balochistan: (i) Plannipg and Development Department. Additional' Chief Secretary (De:) 1W (ii) Finance Department. (iii) Forest and Wild Life Department. (iv) Coastal Development anrl Fisheries Department. (v) Livestock Department. (vi) Irrigation and Power Department. (vii) Agriculture Department. (viii) Sports, Culture and Tourism Department. (ix) Local Government and Rural Development Department. (x) Public Health Engineering Department .. (xi) Urban Planning and Development Depa'rtmcnt. (xii) Co'!lmunication and Works Department. (b) Commissioner, Mckran Division. 18 Balochistan Coastal Development Authority Act, 1998 (c) Commissioner, Kalat Division.: (d);Two Mc;m~rs of th~ Pr~~i~cial Asse~bly' froµ,\ the coasta I 'areiisln be nominated by the ChiefMinisier. • .. ' ' . '.,, ' (e) Two qualified persons of repute on coastal affairs to be nominated by the Chief Minister. ,. , ' • f, "' (2) The Governing Body may co-;-0pt such other persons as· its membe? • ' I ' '• • • • . • d . , ·••.l"I as deemed appropriate . . :. . , . (3) A non-official member shall hold office for a period o,f three years, · I.Ull~ ~e resigns or is removed earlier. • :. • (4)'1.~ny person appointed in casual vacancy in the'office of non-official member shall hold office for the unexpired portion of the term of such vacancy:') 1 ' • ' (5) The Authority may allow such· remuneration to the· non-official members as it may determine. " 6.-.· Chainnan.'-(l) Th~ Chairman shall unless·•Government ·otherwise so directs, hold his office for a 'period of three years on such terms· and conditions as the Government may determine. • ,. 1 • (2) The Chairman .oh expiry of hiii' te~ ·shall be eligible • for re appointed for another term or for such shorter term as Govenimeftt" may !k.(erminc; (3) The Chairman sh;µl be the Chief Executive of the Auih.ority. "1 I • • 1•,I f • ~ •• • (4) The Chairman and members shall perform such ·duties and exercise such powers as are assigned to 0 them by or,Ul}der this Act. • (5) When the Chainnan is absent from duty for any reason or is unable to perform the functions· of his office, Government may nominate any member of the Governing Body to perfonn the duties of the Chainriari'.1 •• • ' 7; Functfons.-Subjec1 10 the general or special directions of Government, the Authority shall- • (1) be responsible for overall development, improvement, beautification 1111d coordination of the coastal areas; • (2) be responsible for identification, coordination, . execution and • j • • monitoring development schemes/activities which shall comprise of the • following, providing:. (a) Drinking water facilities; communication sy~1ems, elec1ri~i,1Y, ~rainage. tourism and rural development works; ,u, rvo1 ;1.; •• 199s1 Balochis1an Statutes 19 fb) establishment of educational, tec;hnical, and professional fastitutions; (c) development of fisheries. Livestock Horticulture, Forest and •Agriculture; , ,. , (d) local/foreign credits for the development of agriculture, livestock, fisheries industries ·and other allied economic activities; (e) development of marketing facilities; (f) construction of jetties and harbours; . (g) upgradation and improvement of the socio-economic conditions of the inhabitants; (h) promotion of N.G.Os. and coordination in financial assistance for development ~~·hemes to uplift the area; (i) organizing entrepreneur development; (j) dcvclopmont of human and 01hcr resources in "the area. (3) Act as coordinating agency of the Federal and Provincial Government or any local authority or autonomous body. (4) Collaborate with the Federal or Provincial, public. or private agencies engaged in development activities and environmental protection. \.:>) rrov1ae ieCilnicai guiuan1.;e i1l\;lo.u1u5 .. "' ...... u,ol. , ,.. ;., . ..,,.., u.ad personnel for development or co-ordination of dcvelopmem activities . • (6) Undertake the execution of such schemes entrusted to it by the Federal or Provincial Government. (7) Undertake research in dcvc)opmcntal planning related to the coastal (8) Compile relevant litera1ure on planning and development and distribute amongst the persons and agencies engaged or interested in development :11orks. (9) Arrange and conduct ,raining programmes and seminars on planning and development in related fields. ( 10) Assist and coordinate in the establishment of palm, coconut, oil plantation and arrange their extraction and refining. (11) Assist and coordinate in the development of fish harbours-cum­ •mini·pons, marines, tourist rcsons on B;ilochistan Coast. io Balochistan Coastal Development Authority Act, 1998 [P,L:D. (12) Assist and coordinate in the establishment of oil refinery, with provision of pipelines for the transportation of oil. (1 3) Perform such other functions as may be considered necessary for achieving the objectives of the Authority. . •.: .- .. (14) Provide µublic utilities and amenities such as roads. ~ reservoirs, canals, potable waters, gas and elecuicity etc. r -· (15) Undertake proper town planning and sewerage disposal in coastal towns. 8. Constitution or Committees.-The Governing Body may, constitute commiu~es such. as financial, technical executive for carrying out the purposes of this Act. • " • • ·1 ' I I , 9. Meeting of the Governing Body.-The Governing Body sh;ul ~ quarterly al such place and time and in such manner and observe such rule{of procedure as may be precribed; provided that until the manner or procedure is prescribed, the meeting shal! be held as directed by the Chairman. IO. Delegation of Powers.-The Governing Body may by general or special order," delegate any of its powers, functions and duties, to the Chairman. member or any officer' of the Authority. ,: ' 11: Appointment or officers staff etc.-For efficient performance of i'9 functions. the· Authority may appoint such officers, experts, consultants '·arid employees on such terms and conditions as may be prescribed. • CHAPTER III • MASTER PLAN AND SCHEMES. 12. Master plan.-(!) The Authority shall, as soon as, may prepare.''a Mas\er plan for development, improvement, expansion and beautification of such coastal areas that need to be developed, expanded and beautified and submit • such plan to Government for approval. • • • • I' ' • . (2) Govemmen1 may .approve the plan with or without modification ... " • • l 1. 13. Schemes.-(!) Authority shall prepare or cause to. be pi'epmd dev,elopment scheme or schemes for the coastal areas or part thereof in sudl form ·and such manner as may be prescribed. (2) All schemes prepared· by the Authority shall be submitted to Government for approval which may be approved with or without modification. . . . CHAPTER IV ACQUISTION OF PROPERTY. 14. Propcrty , -The Authority-may;-bypurdiase, lease or exchange, acquire Vol. L--19981 Balochistan Statutes 21 any movable or immovable property or any interest therein by entering into an agreement with the pai-ty concerned. 15. Acquisition or hmd.--Whcrc the Authority is of the opinion that any land needed for any scheme or other public purpose cannot be acquired under section 14. such land may be acquired in accordance with the Land Acquisition Act. 1894. I 6. Funds.--(!) There shall be separate fund known as the Coastal Development Authority Fund shall vest in the Authority. (2) The fund shall consist of: (a) Grants. made by Government or local councils or any other donor agency. (b) Sale proceeds of movable or immovable properties. of the Authority. (c) All fees, receipts and charges received under this Act. (d) All other sums receivable and loans obtained by the Authority .. 17. Budget.--( I) A statement of estimated receipts and expenditure• for ·every financial year shall be prepared and submitted to the Government in the manner as may be prescribed. (2) Government may sanction the budget with or without modification. 18. Maintenance of accounts.--(\) The accounts of the Authority shall be maintained in such form and in such manner as may be prescribed. (2) The accounts maintained under subsection (I) shall be audited by the Auditor-General of Pakistan. CHAPTER V MISCELLANEOUS 19. Annual Rcport.-The Authdrity shall at the close of every calendar year prepare a repon of its activities during that year and submit such report to Government. 20. Recovery of dues.--Any sum due to the Authority or wrong paid by the Authority under this Act shall be recoverable as arrears of land revenue.