The significance of planning legislation and the importance of laws with detailing.

1. PLANNING
LEGISLATION

2. AN OVERVIEW OF
PLANNING LEGISLATION
IN PAKISTAN

3. Submitted By: Asra Hafeez F2017214008
Submitted To: Mutahir Awan
Presentation No: 01
Submission Date: 15-10-2019
Topic: An overview of Planning Legislation in Pakistan
Department of City and Regional Planning
School of Architecture and Planning
University of Management and Technology, Lahore
Spring, 2019

4. SIGNIFICANCE OF PLANNING LEGISLATION
The need of planning legislation has become a paramount
necessity. Without planning legislation, it is neither possible
to formulate a comprehensive hierarchy of local, regional,
and national spatial plans and strategies, nor it is possible to
approve them and bring about their coordinated
implementation due to lack of statutory cover.

5. THE SIGNIFICANCE OF PLANNING LEGISLATION
 The Significance of legislation in the context of planning is
not fully comprehended and recognized. Before the
partition of the India and Pakistan the urbanization rate
was very low nevertheless, municipal legislation was
essential just for the upkeep of healthy environment in the
human settlements by ensuring maintained of sewerage,
drainage and solid waste disposal services. Besides that
building lines and other buildings laws and the provision
of community facilities such as clinics, worship places and
institution.

6. Facilities
Clinics
Worship
Institution
Clubs

7.  Without planning legislation, it is neither possible to
formulate a comprehensive hierarchy of local, regional, and
national, spatial plans and strategies, nor is it possible to
approve them and bring about their coordinated
implementation due to lack of statutory cover.
 An idea of the importance of planning legislation may be
found by the fact that it may be possible to plan without
professional planners but it is not possible to bring about
planned development without planning legislation.
 Some countries have used bottom-up approaches, some
have proffered top-down approaches, and still other have
used a combination of both the bottom-up and top-down
approaches of planning at differential rates.
 Although there have been some isolator , piecemeal, and
scanty provision for local planning in the municipal acts
and ordinances enacted during the colonial as well as
postcolonial period, nonetheless, a holistic planning
legislation does not exist in Pakistan as of yet.

8. MUNICIPAL ACTS AND ORDINANCES
 Most of the enactments regarding the municipal
committees and municipal corporation originated from the
British planning law and were adopted or adapted at a later
stage in the various provinces of the colonial countries.
 It may be appropriate to briefly describe the socio
economics and spatial conditions prevailing in British
India so as to enable the reader to appreciate the sequence
of promulgation of various municipal and municipal
corporation acts in the various Indian cities and towns.
 The British administration of India spanned a period of 347
years from 1600 to 1927 into apaches.
The era of East
India Company
from 1600 to
1857.
The period of
British rule
from 1858 to
1947.

9.  Town planning is not mare Place-planning, nor even work
planning. To be successful is must also be Flock-
planning… not to coerce people to move against their
wishes and interests, but find the right places for each sort
of people. Places where they really flourish. Why not give
them the same care with which we transplant flowers.
 Geddes’s method of town reconstruction and improvement
is oriented toward the preservation of human values an
traditions rather than destroying them and has been
termed as conservative surgery.

10. Years Urbanization in
India(%)
Urbanization in
Pakistan(%)
1995 17 17.5
1960 17.9 22.1
1970 19.8 24.8
1980 23.1 28.1
1990 25.5 30.6
2000 27.7 33.1
2010 30.9 35.9
2011 31.16 36.2
2015 32.8 37.6

11.  Despite the unstable political system the rate of the
urbanization in Pakistan has continued to be higher than
the post partition India during the 1950-2015 period as
reflected in the statistics of United nations.
 Lahore , which had a population of 671,659 according to
1941 census, rose to a population of 849,000 in 1951 and
became the second largest city of Pakistan with a
population of about nine million in 2012.
 Apart from being a capital of Punjab, it also became the
focus of business , industrial, educational, and
administrative activities due to the closure of Amritsar
Delhi development corridor. Also Lyallpur (now
Faisalabad) registered a very fast growth due to the
development of its environs, and it was well connected by
a road and rail transportation with its hinterland. As a
consequence it was cost effective to transport cotton to
Faisalabad.

12.  Had the Indian subcontinent not divided, Faisalabad,
which was a town with a population of 69,930 in 1940,
would have never become the third largest city of
Pakistan.
The nomenclature and he dates of promulgation of major
municipal acts and ordinances are as follows.

13. 1. THE PUNJAB MUNICIPAL ACT, 1911
 One of the oldest act which was enacted in Punjab in order to
manage and regulate land use and ensure the provision of
infrastructural facilities in town.
 Provides planning for building schemes for built-up areas and
town planning schemes for unbuilt areas in order to prevent
the tendencies of haphazard growth of town.
 Building and Town Planning scheme under section 192
The committee may, and if so required by the deputy
 Commissioner shall, within six months of the date of such
requisition, draw up a building scheme for built areas, and a
town planning scheme for unbuilt areas, which may among
other things provided for the following matters, namely:
 Restriction of the erection and re-erection of building
• prescription of a building line
• The amount of land in such unbuilt area
 Built area and unbuilt area under section 3 (18 a and b)
• Built area is that portion of municipality of which greater part
has been developed as a business or residential area.

14.  Commissioner shall, within six months of the date of
such requisition, draw up a building scheme for built
areas, and a town planning scheme for unbuilt areas,
which may among other things provided for the
following matters, namely:
 Restriction of the erection and re-erection of building
prescription of a building line
 The amount of land in such unbuilt area
Built area and unbuilt area under section 3 (18 a and b)
 Built area is that portion of municipality of which
greater part has been developed as a business or
residential area.
 Unbuilt area is an area within the municipal limits
which is declared to be such at a special meeting of the
committee by a resolution confirmed by the
government.

15.  Various municipalities were required to declared the
areas with high potential for development as unbuilt
area under section 3.18(b)
a. The declaration of unbuilt areas could either be
initiated by the municipal committees themselves or as
a result rendered by Provincial Town Planning PTP
department.
b. The preparation of town planning scheme for unbuilt
area was an uphill task.
c. The services of patwari were required to assist the
surveyor to demarcate the land ownership on the
survey map.
d. Three main reasons were included by which it was not
the easy task
1. Land ownership pattern were very irregular
2. Most of municipalities did not have the financial
resources
3. Land holdings were so small

16. 2. MUNICIPAL CORPORATION ACT, 1835
 After passing of the 1832 Reform Act, the next logical step in
the reform of the constitution was that of the municipal
corporation.
 There were 250 towns, each of which had received royal charter
at some time in the past to have its own council or corporation.
 In 180 of then, only members of the corporation were allowed
to vote
 This act is sometime known as Municipal reform act.
 It was an act of parliament of UK that reformed local
government in the incorporated boroughs of England and
Wales.
 In Pakistan, it has local body status which is granted to the
cities with a population of more than half a million
 The status of corporation was granted to Lahore in 1940, and
Karachi become municipal corporation in 1976.

17.  In 2011, Karachi Municipal Corporation was upgraded to
metropolitan corporation and Faisalabad, Hyderabad,
Rawalpindi, Peshawar, Multan, Quetta, Gujranwala,
Sargodha, Bahawalpur and Sialkot were granted the status
of municipal corporation.
 It was an act of parliament of UK that reformed local
government in the incorporated boroughs of England and
Wales.
 In Pakistan, it has local body status which is granted to the
cities with a population of more than half a million
 The status of corporation was granted to Lahore in 1940,
and Karachi become municipal corporation in 1976.
 In 2011, Karachi Municipal Corporation was upgraded to
metropolitan corporation and Faisalabad, Hyderabad,
Rawalpindi, Peshawar, Multan, Quetta, Gujranwala,
Sargodha, Bahawalpur and Sialkot were granted the status
of municipal corporation.

18. 3. THE MUNICIPAL ADMINISTRATION
ORDINANCE, 1960
 The Municipal Administration Ordinance, 1960 is a very good
decision in the municipal legislation in which for the first time it
provide master plan for the municipal area.
 The provision of the ordinance were extended to the whole
Pakistan
 Section 47 of the ordinance, which provide for the preparation
of master plan, is reproduced below for ready reference
 A survey of municipality including its history ,statistics ,public
services and other prescribed particulars.
 Development, expansion, and improvement of any area within
municipality.
 Restriction, regulation, and prohibition to be imposed with
regard to the development of the sites and the erection and re-
erection of the buildings within the municipality.
 Although the provision for the master plan was a very good
step, anyhow it’s a very short decision and does not provide
institutionalization of planning process in the municipalities.

19. SECTION 75(THE SITE DEVELOPMENT SCHEME)
 If a master plan has been drawn up under section 74 and is
approved with or without the modification by the controlled
authority no owner of the land exceeding such area may be
specified in this behalf in the master plan shall develop the site
or any plot of land covered by the mater plan, except the site
development schemes which are sanctioned in predefined
manners.
 Among other mattes a site Development scheme may also
provide
a. The division of sites into plots
b. The streets, drainage, and Open space to be provided.
c. The land to be reserved for the public purpose and to
transferred to the municipal committee.
d. The land to acquired by the municipality
e. The price of the plot.
f. The work that shall be executed at the cost of the owner or
owners of the site or sites.
g. The period during which the area shall be develop

20. SECTION76( EXECUTION OF SITE DEVELOPMENT
SCHEME)
 The execution of the site development shall be subject to the
inspection and control of the committee.
 If any area is developed or otherwise dealt within the
contravention of the provision of the sanctioned site
development scheme

21. 4. WEST MUNICIPAL ADMINISTRATION
ACT, 1965
 As a consequences of the creation of unit, the municipal
administration ordinance, 1960 was superseded by the
municipal administration act 1965.
 The provision of section74, 75 and 76 remained unchanged,
only minor amendments were held.
 Three regional directorates of town planning were
established
a. Peshawar region including NWFP and Rawalpindi
b. Punjab including Bahawalpur
c. Sindh and Baluchistan

22.  One unit was excellent political decision because it unite
people with various lingo-ethnic background belonging to
west Pakistan.
 The great snag of this was highly centralized
administrative system.
 The provincial legislative assembly, the ministries, the
provincial secretariats, the high courts and board of
revenue were located in the city of Lahore, being the
capital of west Pakistan. This cause obstructive
bureaucratic channels for outer people.
 In 1970 province of west Pakistan was dismembered, and
previous four provinces were restored.
 The existing administrative twelve commissioners division
would have converted into province instead of reviving
the former lingo-ethnic and racial barriers of four
provinces again

23.  Example of Netherlands
a. It is one-eighteenth the size of Pakistan,
b. Has twelve provinces with twelve provincial
assemblies, ministries and governors.

24. PUNJAB TOWN IMPROVEMENT ACT, 1922
The act states that;
“It is the expedient to make the provisions for the
improvement and expansion for the towns in the province of
Punjab”.
 The salient schemes provided by the Punjab Town
Improvement Act may be as follow:
Street schemes and deferred street schemes
Development and expansion schemes
Housing scheme
Housing accommodation scheme
Rehousing scheme
Rehousing of displaced resident house owners
Combination of scheme and matters which may be
provided for in scheme
Effect of prescribing a street alignment on powers of
municipal committee

25. Powers of trust to set back or forward buildings adjacent to
the street alignment
Prohibiting of building beyond a street alignment
Acquisition of property affected by deferred street scheme
 The Punjab Town Improvement Act, 1922 filled two great
gaps in the Punjab Municipal Act of 1911 and the Municipal
Administration Ordinance of 1960.
 It facilitated the Improvement Trusts to undertake the
improvement and urban renewal schemes in the old parts
of the towns and also enabled them to subdivide and
develop the unbuilt areas with high potential for
development in the towns.
 The area for the new subdivision schemes can either be
acquired by the Improvement Trusts under the provisions
of Land Acquisition Act, 1894 or the owners of the land
could be exempted developed residential plots by
deducting one-third of their land as their share for the
streets and community facilities and services after payment
of development charges to the Improvement Trusts.

26. URBAN DEVELOPMENT AUTHORITIES ACTS
According to the statement;
“In order to remove the limitations of localized context, the
Improvement Trust Act was progressively replaced by
Development Authority’s Acts during 1957 to 1978 period”.
Cities
include
in
UDAA
Karachi
Lahore
Multan
Faisalabad
Rawalpindi
Gujranwala
Quetta
Islamabad

27. Important points
 The replacement was done in two ways-------either by
replacing the existing Improvement Trust Act by the Urban
Development Authority Act or by enacting a new Urban
Development Authority Act in other cities.
 Another act Karachi Improvement Trust was replaced by
the Karachi Development Authority (KDA) under an
ordinance issued by the president of Pakistan, General
Muhammad Ayyub Khan in 1557 for the development of
Karachi City under master plans and rehabilitation of the
huge influx from India.
Role of Karachi Development Authority (KDA)
 KDA prepared the master plan for Karachi.
 KDA also owns undeveloped land in the city, which it sells
to housing cooperative societies.
 KDA approves the site development schemes prepared by
the housing societies in the territorial limit of Karachi City.

28.  Lahore Improvement Act was converted into Lahore
Development Authority under Lahore Development
Authority Act, 1975.
 The Multan, Faisalabad, Rawalpindi, and Gujranwala
Improvement Trusts were converted into Development
Authorities under Punjab Development of Cities Act, 1976.
 The Quetta Development Authority was established under
a development authority enactment in 1978.
 A proactive statutory provision was also promulgated for
the new city of Islamabad in 1960 named as Capital
Development Authority (CDA).

29. THE CANTONMENT ACT, 1924
The act states that;
It is expedient to consolidate and amend the law relating to
the administration of Cantonment.
Essential Points
 Prior to 1864, Cantonments used to be administered by
military authorities under various government orders. In
1864, for the first time, an act was adopted for improving
the administration of the cantonments. The act regulated the
funds granted by the government for the purpose of
bettering the various facilities.
 In 1880 another act was passed to empower the cantonment
authority to impose taxes, and legal status was given to the
cantonment committee.
 The Cantonment Act, 1924 was the landmark in the history
of the Cantonment. The act introduced the representative
local government system, under which elected
representative of the civil population become members of
the Cantonment Boards.

30.  The members constituting the board are both officially
nominated as well as elected through a direct vote on the
basis of adult franchise.
 The administration of Cantonments and management of the
military lands inside and outside the cantonments is
centrally controlled and supervised by the Military Lands
and Cantonments Department.
 Five regional deputy directors based at Peshawar,
Rawalpindi, Lahore, Karachi and Quetta supervise the
respective boards.
 The Cantonment Board is an organ of the local government
and is free to formulate policies for local development within
framework of the Cantonments Act and other government
regulations.
 All Cantonment Boards work under the administrative
control of the director general, Military Lands and
Cantonments.
 Forty-nine cantonments has been established-------- 10 in
Khyber Pakhtunkhwa, 22 in Punjab, 6 in Baluchistan, 9 in
Sindh and 2 in Gilgit Baltistan.

31. Act Passed in
Different Dates
1864
Administered by military
authorities for the purpose
of bettering various
facilities.
1880
To empower the
cantonment authority to
impose taxes and legal
status.
1924
Representative local
government system, under
which elected
representative of civil
population become
member
SHORT POINTS ACCORDING TO DATES

32. COOPERATIVE SOCIETIES ACT, 1925
 The Cooperative Societies Act, 1925 provides for the
formation, registration, and regulation of cooperative
societies for the promotion of thrift, self-help, and mutual
assistance among agriculturists or other persons with
common economic or social interests and for achieving
better standards of living and for matters incidental.
 Some housing societies have their own independent
statutory which are; Defence Housing Societies Karachi,
Lahore, and Rawalpindi; and Askari Housing Societies.

33. THE PUNJAB COLONIZATION OF GOVERNMENT
LANDS ACT, 1912 AND THE PUNJAB COLONIES
MANUAL, 1936
An act states that;
“An Act lo make better provision for the colonization and
administration of Government Lands”.
Key Points
Some acts were enacted before embarking upon the
colonization of barren lands in west Punjab that were;

34. Punjab Tenancy Act 1887
Punjab Land Alienation of
Land Act 1900
Pre-Emption Acts of 1905
and 1913
Colonization of Government
Lands (Punjab) Act, 1912
Punjab Colonies Manual
1936
 The Colonization of Government Lands Act facilitated the
colonization and administration of government lands in
Punjab.

35.  The Punjab Colonies Manual provided for the planning
and development of canal colonies that were required for
the;
Basic Objective
 The basic objective of the Punjab Land Alienation Act was
impose a check on the alienation of land from agriculture
to nonagricultural class.
Main Idea
 The main idea was to protect the zamindars (landlords)
who used to borrow money from the moneylenders and
then either sold or mortgaged their lands.
Settlement of
the people
Establishment
of the markets
Housing the
staff/workers

36.  The Punjab Pre-emption Acts of 1905 and 1913 gave
preemption rights on land sales to members of agricultural
tribes.
THAL DEVELOPMENT AUTHORITY ACT, 1949
 The Thal Development Authority Act (TDA) Act, 1949
(Punjab) was promulgated in 1949 in order to bring the
Thal Development under irrigation and to develop new
towns therein for the settlement of refugees who
migrated to Pakistan as a result of partition of British
India in 1947 and other for the levy of development fee.
 The areas include;
a. Mianwali
b. Bhakhar
c. Muzaffargarh
d. Layyah
e. Khushab

37. BASIC DEMOCRACIES ORDER 1959
 The BDO 1959 was issued by Ayyub khan during his
martial law regime.
 The new system introduce in 1959 as “Basic democracy
"was apt expression of what Ayyub khan called particular
genius of Pakistan.
 The BDO was promulgated as a product of 1962 new
constitution based on direct order elective system .
 Ayyub khan did not believe that a sophisticated
parliamentary system is suitable for Pakistan.
 They meant to provide a two way channel of
communication between Ayyub khan’s regime and the
common people and allow social change to move slowly.

38.  The basic Democracies system was compose of five tiers
institution ;

39.  The lowest but most important tier was composed of
“Union councils.
 Each union council consist of 10000 of population.
 Each union council consist of 10 elected and 5 appointed
members.
 Union councils were responsible for local agriculture and
community development and for rural law and order
maintenance.
 They were empowered to imposed taxes for local project.
 The controlling Authority for union councils was the
deputy commissioner.
 The next tier consist of tehsil (Sub-district) which perform
coordination function.
 Above them the district (Zillah) councils ,chaired by
deputy commissioners were composed of nominated
officials and nonofficial members including the chairman
of union councils.
 The District councils were assigned both compulsory and
optional function of Education, sanitation, local culture
and social welfare .

40.  Above them is divisional advisory councils coordinated
the activities with representatives of government
departments
 The highest tier consisted of one development advisory
council for each providence, chaired by the governor and
appointed by the president.
 The urban areas had similar arrangement ,under which the
smaller union councils were grouped together into
municipal committees to perform similar duties.
 In 1960 the elected member of union councils voted to
confirm Ayyub khan’s presidency and the under 1962
constitution, they formed an electoral college to elect
president, the national Assembly and provincial
assemblies.

41. PUNJAB LOCAL GOVERNMENT ORDINANCE,
2001
 The Punjab local government ordinance 2001 was
instituted during the Musharraf era and finally replaced
by the Punjab local government act of 2013.
 PLGO was consist of 3 tires system
 District are the third tires of the government and each
district is headed by the district coordinating officer and
zila nazim and zila council.
 The DCO is head of the district administration he was
wide ranging responsibilities of Master planning for
urban and rural territories ,over seeing ,improving, and
implementing the approved plans of municipal services
in his district.

42.  Each district zila is comprised of three tier hierarchy:
1. Tehsil municipal administration and tehsil council.
2. Town municipal administration and town council.
3. Union administration and union council.
 The PLGO ordinance 2001 also provides for Setting Up
Citizen Community Board(CBBs) for energizing the
community for development and improvement in services
delivery .
 The local government ordinance in encourages public
participation .
 The PLGO,2001 Stipulated that citizen community board
consist of general body and executive committee .
 A chairperson and secretary were elected to carry out
specific functions.

43.  The section 134 of PLGO,2001 also provides the
appointment of zila mohtasib in every district.
 The zila mohtasib shall redress citizen complaints
against maladministration of the holders of public
offices in the local governments with in the district.
 For the purpose of this section, the expression holders of
public office include all function of their district
government, tehsil municipal administration, union
administration, Nazims, Naib Nazims, district police
officers and officials, members of councils, and all
officials of the councils.

44. PUNJAB LOCAL GOVERNMENT ACT, 2013
BACKGROUNG
 After the tenure of local government(2001 to 2009) interim
local government is established,
 It is established in all 4 provinces and controlled by the
bureaucracy.
 Although the federal government under the 18th
amendment allows the provincial government to legislate a
local government system which suits best to their
respective provincial condition.
 But due to the vested interest of the ruling political parties
in each province including Punjab Ignored, the adaptation
of LGO as an act or formulation of new local government
legislation in order to devolve power at grass root level.

45.  As a result the Supreme Court of Pakistan in 2012 forces all
province to follow the command which were mentioned in
18th amendment and immediately scheduled the local bodies
elections.
 Following the SC 'order the provincial Cabinet of Punjab
Government approved the draft bill of Punjab Local
Government Act ,2012.
AIMS OF THE ACT
Elimination of Rural and urban divide
Reduction of extraordinary power of the provincial government
Induction of procedure for right of information
Establishment of the office of zila ombudsman
Introduction of setup involving participation of nonelected by
receiving a ”Citizen Community Board”

46.  The intersecting point is that the preamble of the recently
adopted PLGA 2013 by the Punjab Assembly include all the
desirable provisions and statutes:, "Whereas it is expedient to
establish a local government system to devolve political
,administrative and financial responsibility and authority to the
elected representative of the local government, effective
delivery of services and transparent decision making through
institutionalized participation of the people at local level; and,
to deal with the ancillary matters”.
 Hurdles in achieving the sustainable local Government:
Two missing gaps in achieving the sustainable local government
in Pakistan are:
Most Politicians
participate in election
only to stay in the
power.
The implementation
of enactment has been
very week and
remain lost in the
vested interests of
politicians

47. PAKISTAN ENVIRONMENTAL PROTECTION
ACT, 1997
WHAT IS PEPA?
The Pakistan Environmental Protection Act (PEPA),1997
provides for the protection, conservation, rehabilitation and
improvement for the preservation and control of pollution,
and promotion of sustainable development.
PURPOSE OF PEPA
 Conduction of qualitative and qualitative environmental
impact assessment studies
 Evaluation of preventive, migratory and compensatory
measures.
 Formulation of environmental management and training
program
 Monitoring arrangements