The Kaghan Development Authority (Amendment) Act, 1996

NOTIFICATION
8th March, 1999.


No. PA/NWFP/Legis: 1/99/4834. The Kaghan Development Authority (Amendment) Bill, 1999, having been passed by the Provincial Assembly of North-West Frontier Province on 16th February, 1999 and assented to by the Governor of North-West Frontier Province on the 3rd March, 1999, is hereby published as an Act of the Provincial Legislature of North-West Frontier Province.


THE KAGHAN DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 1999.
(N.W.F.P. ACT NO. IV OF 1999)
[First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of North-West Frontier Province (Extraordinary), dated the 8th March, 1999].
AN
ACT
to amend the Kaghan Development Authority Act, 1996.
WHEREAS it is expedient to amend the Kaghan Development Authority Act, 1996 (N.W.F.P Act No. VIII of 1996), for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1.   Short title and commencement.---(1) This Act may be called the Kaghan Development Authority (Amendment) Act, 1999.
(2)  It shall come into force at once.
2.         Amendment of section 9 of N.W.F.P Act No. VIII of 1996.--- In the Kaghan Development Authority Act, 1996 (N.W.F.P Act No. VIII of 1996), hereinafter referred to as the said Act, in section 9, after sub-section (2) the following new sub-section
shall be added, namely:
"(3)      Notwithstanding the provisions contained in sub-sections (1) and (2), till such time as the Director General is appointed, the Commissioner, Hazara Division, shall also act as Director General of the Authority.".
3.         Amendment of section 13 of N.W.F.P Act VIII of 1996.--- In the said Act, the existing section 13 shall be re-numbered as sub-section (1) of section 13 and after sub-section (1), as so renumbered, the following new sub-sections shall be added, namely:
"(2)      A scheme prepared under sub section (1) shall be subject to the following conditions and restrictions:

  1. no residential plot shall be of an area of less than two Kanals, nor shall any such plot be sub-divided to reduce the plot size to an area of less than two Kanals; provided that this restriction shall not apply in relation to those plots where  lawful  construction work started before the commencement of this act;
  2. the covered area of any plot, whether residential or commercial, shall not exceed one-third of the total area of the plot;
  3. no residential building raised on a plot shall be of more than two stories and the covered area of the top storey shall not exceed half of the covered area of the ground floor; and
  4. no construction in the area shall be made unless the detailed plan of construction alongwith  the  site  plan  thereof  is approved by the Authority.
  5. All constructions, whether for residential or commercial purpose, in the area shall strictly be in accordance with the scheme and the land use plan prepared by the Authority.
  6. No excavation or land levelling in the area shall be made, except with the prior approval of the Authority.
  7. No construction, of whatsoever nature, shall be permissible in the area known as Shorgan.,”

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