SUBJECT: PROPOSAL FOR ESTABLISHMENT OF AN AUTHORITY FOR

DEVELOPMENT OF NOTIFIED AREAS OF RAWALPINDI DISTRICT

FOR ECOLOGICAL AND TOURISM PURPOSES

28. Para 27/ante refers.

29. It has been desired that an Authority may be constituted under an
enactment with specific functions pertaining to promotion of tourism, infrastructure
development and economic uplift of Tehsils of Murree, Kahuta and Kotli Sattian. In
pursuance of the same and in the light of meeting held in Chief Secretary Office, a Bill
has been drafted and named Kohsar Development Authority Act 2019 and is
placed at Annex-E.
30. The draft Bill for Kohsar Development Authority assigns multiple functions
and powers to the proposed Authority which include developing and promoting
opportunities for tourism; preserving nature and ecology; preserving forests and
wildlife; preparing, implementing and enforcing schemes of development; acquiring
moveable and immovable property; entering into contracts; regulating change in land
use and alternation in building structure and installations. The draft Bill proposes an
overriding effect to this Act over the provisions of any other law in the event of any
conflict or inconsistency.
31. The draft Bill Kohsar Development Authority has been shared with the
LG&CD and Forestry, Wildlife & Fisheries Departments for their views in the matter. The
LG&CD department is of the view that the draft Bill intends to assigns certain functions
of elected local government of the area to the Authority e.g. execution of development
schemes, development of infrastructure which cannot be taken away from the
concerned local government of the area. The department has also referred to the
judgement of august Supreme Court of Pakistan passed in the “Imrana Tiwana Case”
(2015 SCMR 1079) according to which, where ever any other law provides similar
functions being already assigned to the local governments by law, the latter will have
primacy over the former (Annex-F). However, there are number of Development
Authorities, currently working in Punjab, which have overlapping powers and functions
with the Local Government Act 2019.
32. The Forestry, Wildlife & Fisheries Department has opined that
independent sections on Cognizance and Trial of Offences and Power to
Compound Offences may be made part of draft Kohsar Development Authority Act
and the same may also be forwarded to the Law & Parliamentary Affairs Department for
its necessary examination and vetting (Annex-G).
33. The Youth Affairs, Sports, Archaeology & Tourism Department has also
drafted a Bill to establish Punjab Tourism Development Authority (PTDA) in the
province (Annex-H). The draft Bill has been shared with the relevant stake holders of
Public and Private sectors and is being processed. One of the salient features of the
draft Bill is notification of “Specified Area”. In this regard the draft Bill states that the
government may declare a tourism sensitive area as a specified area. Subject to Master
Plan of the Local Government, the draft Bill proposes that PTDA will exercise control
over spatial planning, land use, building control, development and re-development
through schemes, regulation of trades and businesses and levy of fee on transfer of
property, provision of service etc. The draft Bill for Kohsar Development Authority will
also have similar functions and powers as of PTDA under the same Administrative
department i.e. YASA&T Department.

34. In view of the above, Chief Minister may like to approve for placing of the
draft Kohsar Development Authority Act 2019 before the Standing Committee on
Legislative Business for way forward in the matter.

(NADEEM MAHBUB)
Secretary
Youth Affairs, Sports, Archaeology
& Tourism Department

SECRETARY LG&CD

SECRETARY FOREST

SECRETARY LAW

CHIEF SECRETARY
CHIEF MINISTER