Sindh Disposal of Urban Land Ordinance, 2002 (No. X of 2002)

[P.L.D.316 Sindh Disposal of Urban Land Ordinance, 2002 ORDINANCE X OF 2002 SINDH DISPOSAL OF URBAt"l LAND ORDINANCE, 2002 . An Ordinance to regulate the disposal ofurban land in the Province ofSindh, [Gazette of Sindh, Extraordinary. Pan I. 26th March. 2002J No.S.LEGIS: 1(10)12002. dated 26-3-2002.--The followm, Ordinance made by' the Governor of Sindh is hereby published for generzl information: Preamhle.--Whereas it is expedieni to regulate' the disposal of urban land and to provide for matters ancillary thereto; And whereas the Provincial Assembly stands dissolved in purs= of the Proclamation of the Pourteenth day of October. 1999. and tile, Provisional Constitution Order No.1 of 1999; , ' . And whereas, the Governor of Sindh is satisfied that circumsiana:s exist which render it necessary, to take immediate action; , , Now. therefore, in pursuance of the aforesaid Proclamation and t!lll; Provisional Constitution Order read with Provisional Constitutiull (Amendment) Order No.9 of 1999. and in exercise of all powers'enab1inl' him in that behalf. the Governor of Sindh is pleased to make and promuJpli' the following Ordinance:-- . I. Short title' and colt1mencement.-(l) This Ordinance may bt;. called the Sindh Disposal of Urban Land Ordinance; 2002. ' (2) It shall come into force at once. , 2,' Definitions.-In this Ordinance, unless there is anything repu~' in the subject or context-e " ,:.. ,' (a) "amenity plot" .rneans a plot or site reserved for parks. gardc:l'JO.; playgrounds. graveyards, hospitals, schools, colleges, Iibraries.;co~ centers. mosques or such other purpose in a scheme; . , (b) "authority" means 'a development authority .established I>J!~ Government under any law for the time being in force. . , (c) "autonomous body' means an autonomous body und<t;~1 control of Government or established under a law and includes an~J a councilor a society; .Vol.LlV-2002] SINDH STATUTES 317 (d) "builder" shall have the same meaning as assigned to it in the Sindh Buildings Contra! Ordinance, 1979; (e) "commercial plot" means a plot reserved. for commercial or commercial-cum-residential purpose in a scheme; (f) "council" means a council constituted under the Sindh Local Government Ordinance; 2001; . (8) "developer" shall have 'the same meaning as assigned to it in ilIe Sindh Buildings Control Ordinance. 1979; (h) "flat site" means a plot reserved for constructing residential or commercial-cum-residential flats in a scheme; . (i) "Government" means the Government of Sindh; (j) "uicremeittal housing" means a housing scheme sponsored by Government or authority or an autonomous body for providing plots not exceeding eighty square yards for housing purpose; . . (k) "industrial plot" means a plot reserved for an industry 'including rottage and technology industry in a scheme; (I) ;land" includes plot in an urban area vesting .in Government or I an autonomous body;' . . (m) "market price" means the market price at the time of disposal of imd under this Ordinance; . . .(n) "plot' includes a residential plot, industrial plot, commercial. .riot, or flat site in a scheme; (0) "prescribed" means prescribed by rules or regulations' made . Imer this Ordinance; . (p) "regulations" means regulations made-under this Ordinance; (q) "reserve price" means the value of land determined under this ilsdinance; (r) "residential plot" means. a plot reserved for .construcung ~tial building in a scheme; (5) "rules" means rules made under this Ordinance; . (!) "scheme" means' a housing scheme sponsored by Government, an ~ty or an ~utonomous body for providing plOIS to tbe public for, ~ commercial or industrial purpose; . [P.L.D.318 Sindh Disposal of Urban Land Ordinance, 2002 (u) "shlftee" means a person who is in unauthorised possession ~ land and is required to be shifted from such land; . . (v) "society" shall have the same meaning as assigned to it in the SindhBuildmgs Control Ordinance, 1979; and . (w) "urban area" means any area which is recognized or declared a such underthis Ordinance. • I 3. DIsposal of iand,-(I) No land shall be disposed of except lit accordance with the provisions of this Ordinance. . (2) The disposal of land or plots under any law for the time being lit force shall be subject to the provisions of this Ordinance and the procedwe' laid down in or under such law, rules or regulations thereunder sha1r SUtlII· modified to the extent of the provisions of this Ordinance, rules mt regulm.ians. . ' 1. 4. Void Dlsposal,-The disposal of any. land otherwise thaD b1 accordance with this Ordinance shall be void and building or structure if m,' thereon shall be. liable to be forfeited to Government without m,. compensation. S. Layout or land.-(I) There shall be prepared a general lay OIIt ar I the land to be disposed of under this Ordinance. (2) Such layout shall specify the purpose for which the land sball be used and the class of buildings ~which shall be constructed on JOdI land. . . ., 6. Disposal of plot by puhiic auetlon.s-Save as otherwise providld' under this Ordinance or rules-- • (a) no plot or flat site shall be disposed of .except by open pubIil:j . auction at a price not less than the market price; . ,- ,. (b) no land shall be exchangeable with any other land . • 7. DIsposal of land to Government etc.i-The disposal of !aDd, llf, . Government to an authority, a council, a society, the Federal or a~ . . , ,I Government or its agency, or by an authority to a council, a society, GlJ • . I ,~ Federal or a Provincial Governmentor its agency shall be at the martet Id!tl t. ~1'I1 through an agreement. 8. Reserve price.-(I) For the purpose of determining the resenoe~11 Government shall take into consideration· (i) the transfer of land similarly situated and in similar we dIi!!R the past twelve months; VoI.LlV-2002] SINDH STATUTES ·319 (ii) The valuation tables notified under the Stamp Act for the purpose of levy of stamp duty at the time of registration of a sale-deed; and , (iii) such other modes as deemed fit to provide a fair basis for assessmem of such price. (2) The .reserve price. determined under subsection (I) shall be notified in the official Gazelle. 9. Market price.-Govemment shall determine and notify the market price and occupancy value for different areas and for different land use in the prescribed manner after every two yeats. . 10. Disposal of amenity plot.-(I) Amenity plots shall be disposed of to suclt person or body of persons or organization in such manner and on suclt terms and conditions as may be prescribed; provided that the amenity . plots reserved for health and educational institutions shall be disposed. of through open public auction at a price not less than the market price. '(2) No amenity plot shall be convened to or utilized for any other purpose other than the purpose for whicb it is reserved. 11. Conversion of plot.-No residential plot shall be convened for any other purpose except with the prior approval of the prescribed autliorityand . oa the prescribed coitdltions. . 12. ExIstIng leases.-Notwithstanding anything to the contrary contained io this Ordinance a lease of land existing immediately before the commencement of this Ordinance shall continue on the terms and conditions mentioned therein: ' Provided that such lease on the expiry of its term shall lie liable to berenewed on payment of the occupancy value determined under section 9. 13-, Scheme for providing plots for various purpose.-(l) A scheme dividing the land in blocks and bloc.ks ioto plots shall be prepared for approval by Goverrunent if such 'scheme is not sponsored by Government, in suclt manner as may beprescribed.. • (2) The Scheme aIongwith the .sanction order shall b~ published in theofficial Gazelle and such publication shllIl beconclusive evidence that the lCheme is duly planned, designed and sanctioned. . (3).A scheme may be prepared for shiftees and incrementaIhousing lellIements io such manner lIS may beprescribed. . 14. Supervlslon of.scl1eme.-The iniplementation of the scheme shall be lUPervised by the authority which has prepared or sponsored the same-. [P,L.D.320 Sindh Local Government (Property) • Rules. 2001 ' , 15. Payment of c:harges.-All payincnts under this Ordinance shall be made in ihe manner Us may be prescribed, ;. 16. Powel' to make ruJes.-(I) Government may by notification in lhc official GaZette make rules for canying out the purposes of thisO~. (2) No rule under subsection (1) shall be made so as to provide for exercise of 'discretionary power to dispose urban land nor shall the rules contain any provision of relaxation thereof. 17: Power to make regulatloD.-Subjectto approval of Government, 811 authority or autonomous body may' make regulations not inconsistent wlth' this Ordinance or rules.