Scheme For The Management And Disposal Of Urban, 1977

SCHEME FOR THE MANAGEMENT AND DISPOSAL OF

URBAN EVACUEE TRUST PROPERTIES, 1977.

 

PREAMBLE

 

WHEREAS it is expedient to revise and bring uptodate the orders and instructions issued  from time to time with regard to the management and disposal of urban evacuee trust properties and to consolidate them to form a regular scheme;

 

AND WHEREAS the Federal Government has already given its approval to the Scheme vide letter No. 18-20/75-ETP, dated the 17th July, 1976;

 

NOW, THEREFORE, in pursuance of Section 30 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, the Evacuee Trust Property Board with the prior approval of the Federal Government, has framed the following Scheme;

CHAPTER I

1          SHORT TITLE COMMENCEMENT AND EXTENT

(i)         This Scheme shall be called “The scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977”.
(iii)       It shall extend to the whole of Pakistan.(ii)        It shall come into force with effect from 1st January, 1977.

 

CHAPTER II

2          DEFINITION

(i)         In the Scheme unless there is anything repugnant to the subject or context, the following words and expressions shall have the meaning assigned to them as under:-

(a)        “Act” means the Evacuee Trust Properties (Management and Disposal) Act, 1975.

(b)        “Administrator”, “Deputy Administrator” & “Assistant Administrator” means Administrator, Deputy Administrator and Assistant Administrator appointed under section-12 of the Act.

(c)        Assessment means the assessment/re-assessment of rent under Clause 10.

(d)       “Government” means the Federal Government of Pakistan.

(e)        “Committee” means a committee constituted by the Chairman under the Scheme.

(f)        “District Officer” means Assistant Administrator or Deputy Administrator incharge of the administration of the Evacuee Trust properties in a District.

(ff)       “engineering staff” means the engineering staff of the Board.”

(g)        “Property” means an evacuee trust property of any kind whether a house, shop, building, plot or land.

(gg)      “Special repairs” means the repairs other than the annual repair or any addition or alteration in the existing structure of an evacuee trust property involving expenditure of not less than two months rent thereof, and

(h)        “Uneconomic Property” means an evacuee trust property yielding nominal income which is less than 5% of the value of the property, or no income, or the retention of which on Trust Pool is unprofitable due to its income not being commensurate with the cost of its maintenance or otherwise it is difficult to manage except such an evacuee trust property which carries commercial potential because of its location and suitability for development to raise the Board’s income.

(i)         “Prevailing market rate” means prevalent rate of rent of private or other building situated in the vicinity where an Evacuee Trust Property is located.

(ii)        All other words and expressions used but not defined in this Scheme, shall have the same meanings as defined in the Evacuee Trust Properties (Management and Disposal) Act, 1975.

 

CHAPTER III

(RESIDENTIAL / COMMERCIAL BUILDINGS AND PLOTS)

3          Tenancy

(i)         The tenant of the Evacuee Trust Property shall hold the property subject to the provisions of the Act, the Scheme, rules and the instructions issued from time to time by the Evacuee Trust Property Board. Interalia the tenancy would be subject to the following conditions:-

(a)        That the tenant shall pay the monthly rent in advance by the 10th of each month and in case of annual lease, the lease money shall be paid by the 10th of the first  month of the lease year.

(b)        In case of default in payment by the above said due date surcharge @ 10% shall be charged.

(c)        The tenant shall not make any addition / alternation or new construction without obtaining prior written permission from the competent authority of the Evacuee Trust Property Board.

(d)       The tenant shall not transfer, assign, sublet or in any other manner alienate tenancy / lease to any person.

(e)        The tenant shall use the property only for the purpose for which the tenancy was granted / held by the tenant. If the tenant desires to use the residential premises for commercial purposes he shall apply to the District Officer / Competent Authority of the Evacuee Trust Property Board for the said purpose. Such Officer / Authority may grant the permission on such terms and conditions as to the rent and period as may be determined by the Competent Authority. The enhancement of rent on this account shall have no effect on periodical re-assessment of rent in accordance with the Scheme or instructions of the Evacuee Trust Property Board.

(f)        The tenant shall be liable to pay the water, electricity and other charges / taxes.

(g)        Omitted vide notification No. S.R.O._____(1)/2000 dated 14-09-2000.

(h)        Any other condition that may be prescribed by the Evacuee Trust Property Board.

(ii)        Regularization of Possession

An existing occupant / occupants of a property whose possession has not been regularized may be treated as tenant, provided:-

(a)        He /she is in actual physical possession since or before the 31st December, 1995, and the property is not already on rent with any person and.

(b)        He / she clears all arrears of rent and other dues if any, as assessed by the Board from the 1st April, 1960 or the date of physical occupation which ever is later; and that such tenancy is approved by the concerned Administrator.

6Provided that fifty percent surcharge shall be charged on the total rent assessed periodically since the date of occupation, and

(iii)       Change of tenancy may be allowed by a District Officer, an Administrator or the Chairman in respect of a unit / sub-unit carrying rent upto rupees one thousand per month, from rupees one thousand and one to rupees three thousand per month and exceeding rupees three thousand per month, respectively, in the following cases:-

(A)       On the express consent, in writing of the previous tenant, the change of tenancy may be allowed by a District Officer, an Administrator or the Chairman, as the case may be, on the following terms and conditions:-

(a)        30% increase in the existing rent;

(b)        Payment of transfer fee equal to two years rent at the newly fixed rate in the case of residential unit / sub-unit and equal to four years rent in the case of commercial unit / sub-unit provided that a residential-cum-commercial unit / sub-unit shall be treated as a commercial unit sub-unit for the purposes of levy of transfer fee;

(c)        Payment of outstanding arrears of rent or any other dues out standing; and

(d)       execution of tenancy agreement by the new tenant;

(B)       On the demise of a tenant the tenancy of a unit / sub-unit shall be alienable in favour of the legal heir(s), indicated in the schedule of tenancy deed; Provided that:-

(a)        the condition  (a) and (b) mentioned in clause (A) above shall not be applicable to the case of change of tenancy in favour of legal heir(s) of deceased tenant;

(b)        if the real brother(s) of father of the deceased tenant were / was sharing the business in a commercial unit / sub-unit  with the deceased tenant, they / he shall also be eligible for the change of tenancy alongwith other; legal heir(s); and

  • in case of change of tenancy in favour or legal heirs on the demise of [1]tenant a representative shall be nominated by the legal heirs from amongst themselves who shall be responsible to pay the rent and to abide by all the terms and conditions of the tenancy, individually and severely.

  • 3A.
          Omitted vide Notification No. S.R.O 13(KE)/2006 dated 03-02-2006No existing tenement shall be sub-divided / partitioned for the purposes of change of tenancy.
  • Omitted vide notification dated 05-09-2001.

 

  1. Properties which existed in the shape of open plots before independence and were encroached upon subsequently and unauthorized occupants set up clusters of houses thereon in the shape, however haphazard, of a colony, their possession may be regularized in the manner laid down in the proceeding sub-para (ii);

 

  1. A vacant residential house or a shop or other building shall be rented out by public auction by the District Officer concerned; provided that the Chairman may rent out a residential house, carrying a monthly rent not exceeding five thousand rupees per month or a shop carrying a monthly rent not exceeding ten thousand rupees, or a building carrying any amount of monthly rent in the case of tenancy to a Government Organization or a statutory body, subject to the conditions of tenancy laid down by the Chairman.

6          PERIOD OF TENANCY.

The period of tenancy of a property shall be such as may be specified in the agreement of tenancy.

 

7          LEASE OF OPEN PLOTS.

(i)         An open plot comprising an area not exceeding five kanal may be leased out by public auction or by inviting tender, after wide publicity through the press and local mushtary munadi for residential or commercial purposes by the Chairman and that exceeding five kanals by the Board initially for a period of 30 years renewable for a similar period of periods.

“Provided that if no bid or offer is received in three consecutive public auctions or tenders or the response is not worth consideration or is below the reserve price, the Board may allow lease at the negotiated rate plus the amount of non-refundable security to be decided on case to case basis;

 

(ii)       Omitted vide notification No. SRO-1408(1)/98 dated 17-12-1998.
(iii)       A site under an Evacuee Trust Building which may be beyond repairs, shall be leased out for development in manner prescribed in the preceding sub-paras provided that the right of first refusal shall be given to the occupant(s) of the building in regard to its lease subject to the terms and conditions to be laid down by the Chairman.

(iv)       The auction of plots or sites shall be held by a committee comprising:-

  • A representative of the Board’s Headquarters not below the rank of Deputy Secretary, to be nominated by the Chairman;
  • Administrator of the concerned Zone.
  • Deputy Administrator / Assistant Administrator concerned; and
  • A representative of District Revenue Officer not below BPS-16 officer.

“Provided that three members shall constitute the quorum of the Committee”:

(v)   Lease exceeding 30 years shall be subject to the approval of the Federal Government.

CHAPTER IV

(UNECONOMIC PROPERTIES)

 

  1. Sale of Evacuee Trust Properties.
  • The District Officer concerned shall cause to be prepared a list of un-economic or otherwise difficult to manage properties which shall be placed before the Board or its delegatee for decision to auction for long lease or for development or to develop the property at the Board’s expense or to dispose of the property by sale through auction.

 

“Provided that the Board may require the Chairman to arrange periodic survey of all the urban properties to determine their economic viability and utilization including disposal as the best course of an act of management.

 

Provided further that the Chairman may, with the prior approval of the Board, procure minimum necessary logistics including office equipment, etc., and hire services of such number of suitable qualified professionals on contract for such period as necessary to conduct speedy survey and auction of such properties, if so deemed necessary”.

 

  • The Board or its delegatee may accord approval to the sale of urban evacuee trust property, i.e., house, shop, plot or land, which is uneconomic or otherwise difficult to mange, through open public or by calling tenders subsequent to wide publicity through mass media or in such cases where litigation has prolonged exceeding five years, through negotiation, if such sale appears to be the best course, as an act of good management, under the circumstances. The reserve price of the land shall be fixed at average of the prevailing market rate and the price fixed by the Deputy Commissioner or Collector of the District for the purpose of stamp-duty.

15Provided that if no bid is received in the public auction or no tender is given or the response is not worth consideration or is below the reserve bid, the Board or its delegatee may allow sale through negotiation at the rate not less than the reserve bid fixed in each such case;

“Provided further that in case of three auctions having been held and the rate of bid being found less that the reserve bid, the Chairman may revise the reserve bid which may not be less than the highest bid, received during previous auctions.”;

  • The properties decided to be disposed of by sale through public auction or by calling tenders shall be transferred to the highest bidder provided that the right of first refusal shall be given to the occupant of the property to purchase it at the auction or tender rate.
  • The auction shall be conducted by the committee constituted under sub-clause (iv) of clause 7;

Provided that the property does not fall in any of the following categories, namely:-

  • Part of big mansion or commercial market; and
  • Part of appurtenance to a shrine, a place of worship or building of historical or architectural importance;
  • Omitted vide notification No. S.R.O.__1)/2000 dated 14-09-2000.[2]
  • —do—
  • In case the occupants of properties which existed in the shape of open plots before independence and were encroached upon subsequently and the unauthorized occupants set up clusters of houses thereon in the shape, however, haphazard of a colony, apply for the purchase of the land under their possession, the following procedure pertaining to the sale shall be adopted:-

 

  1. A committee comprising the following, after thorough inquiry, shall recommend the market price of the property:-

 

a          Member, E.T.P. Board (to be nominated by the Chairman);

b          Administrator of the concerned Zone; and

c          Deputy Secretary, E.T.P. Board’s Secretariat concerned.

 

The Committee shall submit its report to the Chairman through Deputy Secretary, E.T.P. Board, concerned.

 

  1. The aforementioned encroached property with its permanent structure constructed thereon may be sold to occupants on payment of market price determined by the Committee with 50% penalty plus 10% surcharge.
  2. The proposal for sale or otherwise of the property, shall finally be decided by the Chairman, Evacuee Trust Property Board.”;

 

8A       In case where it is not found possible for any reason or practical difficulty that cannot be overcome in ordinary course or where all efforts to decide lease or sale of an urban evacuee trust property under the relevant provisions of this Scheme have failed, the Board or its delegatee may, as an act of good management, decide the same, with the prior approval of the federal Government, in the manner as may be in the best interest of the Board;

 

Provided that in lease cases the rent of the property to be fixed shall not be less than the relevant rate laid down in sub-clause (v) of Clause 3 and that in the sale cases the sale price to be fixed shall not be less than the most recent rate specified by the revenue authority or the Deputy Commissioner for the purpose of stamp duty or the prevailing market rate whichever is higher;

 

Provided further that in case whereon receipt of proposal from the Board, the decision of the Federal Government is not conveyed to the Board within a period of 90 days or in case the ninetieth day is not a working day due to public holiday of otherwise by the next working day, the Board or its delegatee may, as an act of good management, proceed accordingly in the best interest of the Board.

8B       The Board or its delegatee may, at its discretion, accord approval  to the sale of an evacuee trust property including house, shop, plot or land, which has been declared as trust, as a result of judicial verdict  under sections 8 & 10 of the Evacuee Trust Properties (Management & Disposal) Act, 1975 (XIII of 1975), and is declared uneconomic due to reasons that the possession of the above said property could not be taken over by the Board due to further litigation and that the Board has never earned a penny as revenue from the said property, through negotiation with the occupants, irrespective of the period of litigation, if such sale appears to be the best course as an act of good management under the circumstances. The reserve sale price of the property shall be fixed at average of the prevailing market rate and price fixed by the District Revenue Officer of the District for the purpose of stamp duty.”;

9         (i)        The Board may, for reasons to be recorded, purchase a property of value not exceeding Rs.20,000,000/= (Rupees two crores).

 

A property of the value exceeding Rs.20,000,000/= (Rupees two crore) shall not be purchased except with the prior approval of the Federal Government.

 

CHAPTER V

PROCEDURE FOR ASSESSMENT OR REASSESSMENT

10.(i)     Assessment / re-assessment of rent of each sub-unit or property shall be made w.e.f  01-07-2006 by the District Officer concerned in the following manner:-

 

  1. He shall assess or re-assess the rental value of each sub-unit or property keeping in view the market rent and rent of other properties in the vicinity in similar circumstances;
  2. He shall make the proposed assessment or re-    assessment of rent  of the sub-unit or property openly available for inspection by the tenants and general public;
  3. He shall give a notice to the general public and the tenant indicating proposed assessment or re-assessment of rent and shall give 15 days time from the date of receipt of notice, for filing objections, if any;
  4. He shall fix the assessed or re-assessed rent of the sub-unit or property after giving opportunity of hearing to the tenant and objectionist, if any; and
  5. He shall complete the entire process within a period of 60 days from the issuance of first notice, which may be further extendable by the Chairman on merit.

 

  1. ii) The Chairman or the concerned Administrator may at any time, call for the record of any property, to check the correctness or propriety of assessment or re-assessment and fixation of rent of that property and may pass such orders as deemed fit after giving opportunity of hearing to the parties.”

 

Periodical re-assessment & enhancement of rent.

 

11 (i)  The periodical reassessment of rent shall be made by the District Officer concerned after every six years in accordance with the procedure laid down in Clause 10.

     (ii)      Enhancement in rent shall be made at the rate of eight per cent per annum”.

Remission of Rent/Arrears.

  1. The Chairman shall be competent to assess the nominal rent or remit the rent or arrears of rent of a property in the case of persons who are indigent, orphans, widows or otherwise found to be incapable of meeting the liability of paying the rent.

 

Recovery of Arrears by Installments.

  1. In deserving cases the District Officer concerned may allow a tenant to pay the arrears of rent in reasonable monthly installments, not exceeding 24 (twenty four) in number.

CHAPTER VI

(REPAIR / RENOVATION)

 

14.     

 

(i)

 

Annual Repairs

 

The District Officer concerned may allow a tenant to execute annual repairs of the value of not exceeding two months rent, the expenditure so allowed being adjusted against the monthly rent.

(ii) If a property required special repairs, either of the following courses may be adopted, namely:-
(a) The entire expenses on repairs may be borne by the Board subject to increase in annual rent at the rate of ten percent of the cost of repairs. The repair shall be carried out under the supervision of the engineering staff, subject to municipal bye-laws, and
(b) If a tenant applies for special repairs of the property in his occupation, the same may be allowed by the Administrator, subject to the following conditions, namely:-

 

(i) The expenses on repairs shall be borne by the tenant without adjustment in rent;
(ii) No change shall be carried out in the existing structure of the building and total floor area; and

 

(iii) In case any damage is caused to property or any other adjoining property during the course of special repairs, the tenant shall be liable to ejectment and making good the loss for the damage caused”

 

Provided that the special repairs may be allowed to be carried out if the property is not beyond repairs or has not been declared as dangerous by the municipal authority or is not required by the Board for a public purpose or for enhancing its value and raising the income of the Board to carry out its functions under the Act.

 

Addition / Alteration in the Property.

 

15. If a tenant applies for any addition / alteration within the premises in his occupation, the same may be allowed by the Administrator concerned, in exceptional circumstances when absolutely necessary. That would be at the occupant’s own expense, without adjustment in rent and causing material change or danger to the main structure of the building, and under the supervision of the Technical wing of the Board, subject to Municipal by-laws. In case any damage is caused to the building during the course of addition / alteration in the premises, the tenant shall be liable to make good the loss and be responsible for all the consequences including ejectment.

 

 

 

16. Powers to sanction repairs / original works.

 

(i) The Board and the following officers of the Board shall be competent to accord administrative and financial sanctions to the repairs of evacuee trust properties and original works after their respective project documents prepared on the format of PC-1 are cleared by the Departmental Committees constituted for the purpose to the extent specified below against each.

Designation

Repairs

Rs.

Original Works

Board

Full Powers Full Powers

Chairman

500,000.00 20,000,000.00

Member (Admn)/ Vice Chairman, ETPB,

100,000.00 1,000,000.00

Secretary

50,000.00 500,000.00

Administrator

10,000.00 100,000.00

Deputy  Administrator/ Assistant Administrator

5,000.00 Nil

 

Provided that where healthy competition is not held due to pooling or otherwise or single tender is received, the Chairman may allocate the work through negotiation at the minimum possible rate in consultation with concerned Departmental Committee.
(ii) The Departmental committees shall comprise as follows:

 

(a)  For original works costing more than Rs.2 million and repairs costing more than Rs.0.31 million.

 

Chairman.                                           Chairman.

Member (Admn)/                               Member.

Vice Chairman, ETPB                       Member

Representative of Finance Division    Member

Representative of Planning division   Member

Chief Engineer /                                  Member / Secretary

Superintending Engineer ETPB

 

(b) For original works costing from Rs. 0.5 million to Rs.2.0 million and for repair works costing from Rs.0.11 million to Rs. 0.30 million.

Member (Admn)/                                  Chairman.

Vice Chairman, ETPB

Secretary, ETPB.                                   Member

Representative of Finance Division       Member

Representative of Planning division      Member

Chief Engineer /S.E, ETPB                    Member / Secretary

(c) For original works costing upto Rs. 0.5 million and for repair works costing upto Rs. 0.10 million.

Chief Engineer /S.E, ETPB                    Chairman.

Secretary, ETPB                                     Member

Administrator concerned.                      Member / Secretary

 

  1. Technical Sanction.

 

  • The officers of the Engineering Wing of the Board shall exercise powers as follows, namely.

 

Designation             Repairs                 Original Works

 

Member (Technical)/ Chief Engineer Full Powers Full Powers (within administrative approval)
Superintending Engineer Rs. 2,500,000.00 10,000,000.00
Executive Engineer Rs. 500,000.00 5,000,000.00

 

  • The Superintending Engineer or Executive Engineer may appoint work-charge staff against the sanctioned work according to the requirements subject to the condition that the expenditure does not exceed ten percent of the sanctioned estimate and is covered in the relevant budget provision.

 

Rules and Procedure for Execution of Works.

 

  1. The Rules and Procedure laid down by the Pakistan P.W.D. or M.E.S. shall be applicable to execution of all repairs and original works of evacuee trust properties, and be adopted by the Technical Wing of the Board.

CHAPTER VI-A

(RECONSTRUCTION AND NEW CONSTRUCTION)

18-A.              

(i).        If a residential or commercial property is required to be reconstructed or a new construction is to be raised, the following procedure shall be adopted:-

  1. If a tenant applies for reconstruction of the building in his occupation, without additional floor area, the permission may be granted by the concerned Administrator subject to the conditions laid down in sub-clause of clause 14 and enhancement of rent of the property by fifty percent of the existing rent.
  2. If a tenant applies for reconstruction of the building by adding some more floor area already under his tenancy, the rent shall be charged at the rate in accordance with the new assessment for the property made under Clause-10.

Provided that the additional floor area shall not exceed more than one hundred percent of the original floor area of the building.

Provided further that the building shall be utilized by the tenant himself and shall not be sublet and in case of default, his tenancy rights shall be liable to be cancelled.

  1. Any reconstruction of the property by the tenant carried out with the approval as provided under this Scheme shall not create any right in favour of the tenant for long lease or sale of the property to him on any score.

(ii)        If a tenant of residential unit applies for reconstruction of the unit with a view to use it, partly or wholly for a commercial purpose, himself, the Chairman may, if considered necessary, grant permission for such reconstruction, subject to the following conditions, namely:-

  1. Two copies of the building plan shall be submitted to the Chairman, for approval;
  2. Conversion charges shall be payable by the tenant to the Board at the rates prescribed by the local development authorities, municipal corporation or, as the case may be, municipal committee of the area;
  3. The expenditure incurred on reconstruction shall be borne by the tenant himself and shall not be adjustable towards rent;
  4. The rent shall be enhanced by a minimum of one hundred per cent of the existing rent for the existing floor area. In case some more floor area is added, the rent shall be charged at the rate in accordance with the new assessment for the property made under Clause 10.

Provided that the increase in rent shall be in addition to the periodical increase in rent after every year.

  1. The reconstruction for conversion of residential property into commercial shall be completed within one year, provided the Chairman may extend such period subject to imposing reasonable penalty.
  2. The tenant shall continue to pay existing rent during the period of reconstruction;
  3. The property shall not be sublet either partly or wholly. In case of default thereof, the tenancy rights shall be liable to be cancelled;
  4. The reconstruction shall be made in accordance with the municipal bye-laws and with the approval as provided under this Scheme; and
  5. The structure so raised shall vest in the Board.

iii.        No application under this clause shall be entertained if the property falls under any of the categories, namely:-

  • The property is part of a big mansion or a commercial market, or
  • The property is part of appurtenance to a shrine, a place of worship or a building of historical or architectural importance.

18B.    Development for commercial purpose.

 

If a tenant of a property in his possession applies for raising a commercial project covering ground area not exceeding five kanals the permission thereof may be granted by the Chairman and for the [3]project exceeding five kanals such permission may be granted by the Board, subject to the following conditions, namely:-

 

  1. The cost of construction shall be borne by the tenant (s);
  2. After completion of the building or on expiry the of three years or after the period specified by the Chairman, or as the case may be, by the Board, whichever is earlier, the rent shall be payable at the enhanced rate to the Board by the tenant or lessee or the sub-tenant according to the agreement;
  3. The rent of the developed building shall be fixed by the Chairman, or as the case may be, by the Board, depending upon the value of the property, its location, prevailing rents in the area and investment to be made by the tenant (s) or lessee (s);
  4.         The tenant (s) shall deposit minimum ten per cent of the the prevailing market value of the land as goodwill or non- refundable security with the Board before execution of the agreement;

Provided that minimum rent so charged per square foot of the covered area for category “A” and category “B” shall be as follows:

 

Category A:

Ground floor.                         Rs.6/- Per sft.

First floor.                               Rs.4/- Per sft.

Mezzanine and 2nd floor.      Rs.3/- Per sft.

Basement.                               Rs.2/- Per sft.

Other floors.                           Rs.l/50Per sft.

 

Category B:

Ground floor.                         Rs.4/50 Per sft.

First floor.                               Rs.3/- Per sft.

Mezzanine,                              Rs.2/- Per sft.

basement and 2nd floor. 

Other floors.                           Rs.l/- Per sft.

Explanation

 

(i)          Category ‘A’ comprises established main commercial markets or bazars, in Karachi, Lahore, Peshawar , Quetta, Islamabad, Rawalpindi and Major cities with a population of more than twenty lac, as determined by the Chairman.

(ii)         Category ‘B’ comprises rest of the areas in the aforesaid cities and other cities or places of the country.

(e)        The initial lease period of the developed building shall be thirty years renewable for similar period or periods subject to fresh terms and conditions as may be approved by the competent authority.

Proviso omitted vide Notification No. S.R,O 112 (1) 2000 dated 29-02-2000.

(f)        On the expiry of the period, the new construction or the building structure so raised shall, for all intents and purposes, vest in the Board free from all encumbrances;

(g)        The tenants in the building shall be inducted by the lessee subject to the conditions laid down in the agreement to be executed with the lessee and the lessee and the tenants under him shall be jointly and severally responsible to pay the rent or, as the case may be, lease money to the Board;

(h)        The building plan shall be subject to the municipal bye- laws and shall be got approved by the lessee at his own expense before starting construction work;

(i)         The lessee shall not be entitled to secure loan from a bank, financial institution, co-operative society or any person by mortgaging the property to be developed;

(j)         The rent or lease money so agreed shall be revisable after every three years at least, by thirty per cent and by one hundred per cent after ten years or as agreed upon between the Board and the tenant or lessee;

(k)        The expenses on the maintenance of the building shall be borne by the

lessee without adjustment against rent or, as the case may be, the lease money;

(l)       The agreement for the construction shall be subject to the provisions of the Act and the Schemes made thereunder; and

(m)        In case of any contravention of any term or condition of the agreement for lease or, as the case may be, development of property or plot, the agreement shall be liable to cancellation and the tenant, lessee or developer shall be ejected as provided under section 25 of the Act, forthwith.

 

18 C.   Development through developers.

(1)        If the Board decides to develop a property, and the tenants of the property have not shown willingness to develop that property, offers or tenders may be invited through press and other media for development of the property, subject to the following conditions; namely:-

 

  • The cost of construction shall be borne by the developer or as the

case may be, lessee’

  • After completion of building or after the period specified by the

Board whichever is earlier, the rent shall be payable at the enhanced rate to the Board by the developer according to the agreement; and

(c)         Rent of the developed building shall be fixed by the Board  depending upon the value of the property, its location, prevailing rents in the area and investment to be made by the developer, or as the case may be, lessee and the other conditions as specified under sub-clauses (c) to (m) of clause 18 B except the proviso to sub-clause (d) thereof, shall also apply.

(2)        Approval of development of such property, if it is upto five kanals, shall be accorded, by the Chairman and the exceeding five kanals by the Board.

(3)        The developer shall be responsible for ejectment of the existing tenants and occupants of the property referred to in sub-clause (1).

 

18 D.   Development by the Board. If the Board decides to develop a property or an open plot at the Board’s expense, the following procedure shall be observed, namely:

 

(i)         A feasibility report shall be prepared on format of PC-ll for development of the property or, as the case may be, the plot subject to the approval of feasibility report by the Board;

(ii)        A project document on the format of PC-I shall be prepared for approval as provided in para (ii) after clearance by the respective Committee constituted under clause 16;

(iii)       The project may be approved by the Chairman if the cost does not exceed five crore rupees and by the Board if the estimated cost exceeds five crore rupees;

(iv)      The procedure for engagement of an architect or consultant firm of repute for planning, designing and supervision of the construction work, pre-qualification of contractor firms and inviting of tenders from the pre- qualified contractors for allocation of work as may be determined by Pak P. W.D. or by the Board, shall be observed; and

(v)        The property so developed shall be rented out through open auction or by calling tenders after wide publicity through press and other appropriate media. In case no bid or offer is received in three consecutive public auctions or tenders or the response is below the reserve price, the Board may fix its rent at the negotiated rate.

 

CHAPTER VII

(MISCELLANEOUS)

 

  1. No Government Servant / Employee of the Board or any other Autonomous or Semi-Autonomous body shall be permitted to secure a tenancy except for residential purposes.

ACCEPTANCE OF BID.

 

  1. The highest offer of bid received in any auction or tender for the lease of a property for residential or commercial purposes shall be accepted subject to the approval as provided under this scheme.

PROCEDURE OF EJECTMENT.

 

  1. If ejectment proceedings are to be taken against a person, the following procedure shall be adopted:-

(a)        A show cause notice shall be given to the person affected clearly mentioning the ground of ejectment and a period not less than seven days, shall be given to show cause.

(b)        if an officer taking the ejectment proceedings is not satisfied with the cause shown by the person affected, he shall pass an order of ejetment, provided that he shall be given an opportunity of being heard before such an order.

.(c)         the office taking ejectment proceedings may allow a person a period not more than sixty days for the vacation of the premises in question.

 

IMPOSITION OF PENALTY

  1. The Deputy Administrator / Assistant Administrator in whose jurisdiction the property is situated shall be competent to impose any breach of the terms and conditions of the tenancy provided that he is satisfied that such breach was rectifiable. In cases where the breach of the terms and conditions of the tenancy are not rectifiable, the District Officer may cancel the tenancy after giving the tenant an opportunity of being heard.

 

  1. The Chairman may, for reasons to be recorded in writing cancel the tenancy or lease of any property if he is satisfied that it was obtained illegally or in violation of the provisions for the Act or rules or the Scheme or by fraud or by deceitful means.
  2. The tenancy of any person may be terminated by the Chairman, if the property is required for any public purpose.
  3. The provision of this Scheme supersede all previous instructions on the subject of urban properties.

 

TO BE PUBLISHED IN THE GAZETTE OF PAKISTAN EXTRA-ORDINARY  PART-II.

GOVERNMENT OF PAKISTAN

EVACUEE TRUST PROPERTY BOARD

 

Lahore, the            April, 2001.

 

NOTIFICATION

 

S.R.O.        (1)/2001. in exercise of the powers conferred by Section 30 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 (XIII of 1975), the Evacuee Trust Property Board, with the prior approval of the Federal Government, is pleased to make the following further amendments in the Scheme for the Management and Disposal of Urban Evacuee Trust Properties, 1977, namely:-

 

In the aforesaid Scheme.

 

(1)        In Clause 3,

Sub-Clause 3(V) shall be omitted.

(2)        In Clause 3A,

word “Sub-Clause 3(V)” appearing after the words under shall be substituted with the words “Sub-Clause (i) of Clause 11.”

 

(3)        In Clause 7,

(i)        in Sub-Clause 7(i), words “Sub-Clause 3(V)” appearing in proviso after the words under shall be substituted with the words “Sub-Clause (i) of Clause 11”.

(ii)       in Sub-Clause 7(iv), for full stop at the end of entry “d” a colon shall be substituted and thereafter “provided that 3 members will complete the quorum of the Committee”.

 

(4)        In Clause 8,

 

(i)        in Sub-Clause 8(i) after the words Board the words “or its delegatee” shall be added.

 

(ii)       In Sub-Clause (ii), for the full stop at the end a colon shall be substituted and thereafter following new proviso shall be added namely:-

 

“Provided further that in case of three auctions having been held and the rate of bid being  found less than the reserve bid, the Chairman may revise the reserve bid upto  a reasonable extent which may not be less than the highest bid received during three auctions:.

 

(iii)      A new Sub-Clause 8(V) shall be added namely:-

 

“In case the occupants of properties which existed in the shape of open plots before independence and were encroached upon subsequently and un-authorized occupants set up clusters of houses thereon in the shape, however haphazard of a colony applies for  the purchase of land under his possession, the following procedure pertaining to the sale shall be followed:-

 

  1. A Committee would constitute composed of the following to determine the market price of the property:-
    1. Member, E.T.P. Board ( to be nominated by the Chairman).
    2. Administrator of the concerned Zone.
    3. Deputy Secretary concerned.

 

The Committee would thoroughly investigate to determined the market price prevalent in the area and submit its report to the Chairman.

  1. The encroached property as stated above with permanent structure constructed thereon may be sold to occupant through private treaty on payment of market price determined by Committee constituted under Sub-Clause V(A) plus 50% penalty plus 10% surcharge on account of sale by private treaty.

 

  1. Final approval of the proposal may be granted by the Chairman, Evacuee Trust Property Board.

 

(5)        In Clause 11,

 

(i)        The existing sentence “Enhancement in rent of each sub-unit will be 30% over the rent assessed with effect from the 1st January, 1987 provided that” shall be substituted with sentence “Periodical enhancement in rent assed w.e.f. 1st January, 2002 provided that”.

 

(ii)       For Sub-Clause (i) & (ii), the following shall be substituted namely:-

 

to the Administrator concerned by the District Officer of the tenant and after affording opportunity of being heard to the parties, the Administrative shall forward his recommendations to the Chairman for appropriate orders.

(6)        In Clause 18,

 

(i)        in Sub-Clause 18-A, words “Sub-Clause 3(V)” appearing in entry (i) b after the words “in” shall be substituted with the words “Sub-Clause (i) of Clause 11”.

 

(ii)       in Sub-Clause 18-A, words “Sub-Clause #(V)” appearing in entry (ii) d after the words in shall be substituted with the words “Sub-Clause (i) of Clause 11”.

 

(iii)      in Sub-Clause 18-D, words “Sub-Clause 3(V)” appearing in entry (v) after the words in shall be substituted with the words “Sub-Clause (i) of Clause 11”.

 

 

———————————-

 

TO BE PUBLISHED IN THE GAZETTE OF PAKISTAN EXTRA-ORDINARY  PART-II.

 

GOVERNMENT OF PAKISTAN

EVACUEE TRUST PROPERTY BOARD

 

Lahore, the            April, 2001.

 

NOTIFICATION

 

S.R.O.        (1)/2001. in exercise of the powers conferred by Section 30 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 (XIII of 1975), the Evacuee Trust Property Board, with the prior approval of the Federal Government, is pleased to direct that the following further amendments shall be made in the Scheme for the lease of Evacuee Trust Agricultural Land, 1975, namely:-

 

In the aforesaid Scheme.

 

(1)        In Clause 7,  in Sub-Clause (1),

 

  • figure of “1998” appearing after the words “Kharif” shall be substituted with figure of “2001” and figure of “5” appearing after the word “&” and before the words “Shall” shall be substituted with the figure of “4”.
  • Under the heading (i) “Canal irrigated land” two sub-headings shall be added namely, “a. perennial, Seasonal. “The existing rate per produce index unit of “Rs. 25/-“ shall be substituted with rate per produce index unit of “Rs. 25/-“ and Rs. 20/-“ for above two sub-headings respectively.
  • Under the heading (ii) “irrigated by Tube well” the words “or Chahi / Jhelar” shall be added. Rate per produce index unit of “Rs. 20/-“ for this heading shall be substituted by Rs. 15/-“.
  • Under the heading (iii) “Barani Land” the words “Salab and Banjar Jadid” shall be added. Rate per produce index unit of “Rs. 10/-“ for this heading shall be substituted by “Rs. 8/-“.
  • Under the heading (iv) “Banjar Land, Salinity affected land, marrian or marghat for cultivation purposes” shall be substituted with the words “Banjar Qadeem.” Rate per produce index unit  of Rs. 8/- for this heading shall be substituted by “Rs. 5/-“.

(2)        In Clause 7, in Sub-Clause (2),

 

  • Sub-para “a” shall be omitted and sub-paras “b” and “c” shall be re-numbered as “a” and “b”.

 

  • In re-numbered sub-para “b” for the Semi Colon after the words “year” a colon shall be substituted and thereafter the following new proviso shall be added, namely:-

 

Provided that in case of three auction having been held and the rate of bid being found less than the reserve bid the Chairman may revise the reserve bid up to a reasonable extent which may not be less than the highest bid received during the last three auctions”.

 

(iii)      After above proviso a new sub-para “c” shall be added namely:-

 

“The case of Agricultural land which has deteriorated due to water logging or some other reason and the yield is not at par vicinity, shall be referred to the Administrator concerned by the District Officer (or the lessee and) after affording opportunity of being heard to the parties, the Administrator shall pass appropriate orders”.

 

(3)        In Clause 10, in sub-Clause 6, for full stop, at the end of entry “d”, a colon shall be substituted and thereafter the following new proviso shall be added namely:-

 

“Provided that 3 members complete the quorum of the Committee”.

 

(4)        In Clause 18,  in Sub-Clause 18d (i) for the full stop at the end a colon shall be substituted and thereafter the following new proviso shall be added namely:-

 

“Provided further that in case of three auctions having been held and the rate of bid being found less than the reserve bid, the Chairman may revise the reserve bid upto a reasonable extent which may not be less than the highest bid received during the three auctions:.

 

 

COMMERCIAL

 

Category Description Shops, Show –rooms, Display centres only Office, Worships Godowns or any use other than Residential

 

    Location

(per sft)

Condition

(per sft)

Total Rs:

(per sft)

Location

(per sft)

Condition

(per sft)

Toral Rs:

(per sft)

A Ground floor

Ist floor/Mezzanine

Basement/O.Floor

10/-    +

 6/-     +

 3/-

10/-    =

 6/-     =

 3/-     =

20/-

12/-

 6/-

3/-     +

2/-     +

01/-    +

3/-       =

2/-       =

1/-       =

6/-

04/-

02/-

B Ground floor

Ist floor/Mezzanine

Basement/O.Floor

05/-     +

3/-       +

1.50/-  +

05/-    =

03/-    =

1.50    =

10/-

06/-

03/-

02/-    +

1.50    +

01/-    +

02/-     =

1.50     =

01/-     =

04/-

03/-

02/-

C Ground floor

Ist floor/Mezzanine

Basement/O.Floor

03/-     +

02/-     +

1.25     +  

03/-     =  

02/-     =

1.25     =

06/-

04/-

2.50

1.50    +

01/-    +

0.75    +

1.50     =

01/-     =

0.75     =

03/-

02/-

1.50

D Ground floor

Ist floor/Mezzanine

Basement/O.Floor

02/-     +

1.25     +

01/-      +

02/-     =

1.25     =

01/-      =

04/-

2.50

02/-

01/-    +

0.60    +

0.40    +

01/-     =

0.60     =

0.40     =

02/-

1.20

0.80

E Ground floor

Ist floor/Mezzanine

Basement/O.Floor

01/-      +

0.50      +

0.35      +

01/-      =

0.50      =

0.35      =

02/-

01/-

0.70

0.75    +

0.40    +

0.25    +

0.75     =

0.40     =

0.25     =

1.50

0.80

0.50

F Ground floor

Ist floor/Mezzanine

Basement/O.Floor

0.50      +

0.37      +

0.25      +

0.50      =

0.38      =

0.25      =  

01/-

0.75

0.50

0.35    +

0.25    +

0.15    +

0.35     =

0.25     =

0.15     =

0.70

0.50

0.30

RESIDENTIAL

 

  Location

(per sq.ft.)

Condition

(per sq.ft.)

Total

(per sq.ft.)

Category “A”

 

Ground Floor

1st Floor

Other floors / Basement

0.75     +

0.50     +

0.25     +

2.25    =

1.50    = 

0.75    =

03/-

02/-

01/-

Category “B”

 

Ground Floor

1st Floor

Other floors / Basement

0.50     +

0.37     +

0.25     +

1.50    =

1.13    =

0.75    =

02/-

1.50

01/-

 

Category “C”

 

Ground Floor

1st Floor

Other floors / Basement

0.37     +

0.25     +

0.19     +

 

1.13    =

0.75    =

0.56     =

1.50

01/-

0.75

Category “D”

 

Ground Floor

1st Floor

Other floors / Basement

0.25     +

0.15     +

0.10     +

0.75     =

0.45     =

0.30     =

01/-

0.60

0.40

Category “E”

 

Ground Floor

1st Floor

Other floors / Basement

0.19     +

0.12     +

0.08     +

0.56     =

0.38     =         

0.22     =

0.75

0.50

0.30

Category “F”

 

Ground Floor

1st Floor

Other floors / Basement

0.12     +

0.08     +

0.06     +

0.38     =

0.22     =

0.19     =

 

0.50

0.30

0.25

       

 


Explanation

           

            Criterion for determination of category of location

 

COMMERCIAL

 

Category             Location

 

A                     Areas having value of Rs 5 lacs per marlla and above as per D.C. rates.

B                     Areas having value above Rs 2 lacs and below Rs 5 lacs per marla as per D.C. rates.

C                     Areas having value of Rs 1 lacs to Rs 2 lacs per marla as per D.C. rates.

D                     Areas having value of Rs 50,000/- to Rs 1 lac per marla as per D.C. rates.

E                      Areas having value of Rs 25,000/- to Rs 50,000/- per marla as per D.C. rates.

F                      Areas having value of upto Rs 25,000/- per marla as per D.C. rates.

 

RESIDENTIAL

 

A                     Areas having value of Rs 1 lacs and above per marla  as per D.C. rates.

B                     Areas having value above Rs 75,000/- to Rs 1 lac per marla as per D.C. rates.

C                     Areas having value of Rs 50,000/-  to Rs 75,000/-  per marla as per D.C. rates.

D                     Areas having value of Rs 25,000/- to Rs 50,000/-  per marla as per D.C. rates.

E                      Areas having value of Rs 10,000/- to Rs 25,000/- per marla as per D.C. rates.

F                      Areas having value of upto Rs 10,000/- per marla as per D.C. rates.

 

 

Category        Condition

 

  1. 1st class Brick masonry in cement mortar having RCC/RBC slab upto 30 years construction period.
  2. (i) 1st class Brick masonry in cement mortar having RCC/RBC slab beyond 30 years construction period.

(ii) 1st class Brick masonry in cement mortar having T. Iron / Girder/ Tile roofing upto 30 years construction period.

  1. (i) 1st class Brick masonry in cement mortar having T. Iron/Girder/tile roofing beyond 30 years construction period.

(ii) 1st class Brick masonry in cement mortar with other type of roofing’s upto 30 years construction period.

(iii) 1st class Brick masonry in cement mortar with Girders and T.Iron/tiles roofing upto 30 years construction period.

  1. (i) 1st class Brick masonry in cement mortar with other type of roofing beyond 30 years construction period.

(ii) 1st class Brick masonry in clay mortar with Girders/tiles roofing beyond 30 years construction period.

(iii) 1st class Pacca Brick masonry in clay with other type of roofing upto 30 years construction period.

                          (iv)  Sheds having R.C.C./ R.B.C. Roofing.   

  1. Pacca constructions in shape of sheds and buildings having other types of roofing.
  2. Katcha bricks masonry in shape of built up area.

 

(ii)       The categories shall be subject to amendments to be made from time to time in view of change in value of property or for any other plausible reason to commensurate with the rentals of private properties and prevailing situation in the area.

(iii)      The Board may publish a booklet for general guidance, specifying the categories applicable to each district on the basis of location and use of evacuee trust properties for the purpose of assessment of rent.

(iv)      The category wise rates of rent mentioned above shall be subject to increase by thirty percent after every three years.

 

(v)       if the existing rent of the property is more than the minimum rent specified above for its category, the same shall continue to be charged accordingly, subject to thirty percent  increase after every three years.

 

(vi)      The reserve bid in respect of a property to be rented out through auction shall be fixed at the above mentioned minimum  rates of its category or at the existing rent whichever is higher:

                                   

Provided that in case of three auctions having been held and the rate of bid being found less than the reserve bid, the Chairman may revise the reserve bid which may not be less than the highest bid received during the previous auctions.

 

(vii)     The Chairman or the concerned Administrator may at any time, on his own motion or otherwise call for the record of any property for the purpose of satisfying himself as to the correctness or proprietary  of fixation of category  by Deputy or Assistant Administrator, and may pass such order in relation thereto as he may deem fit after  affording opportunity of being heard to the parties.

 

(viii)    The rent of sub-unit rented out by auction after the year 2002, shall be increased proportionate to the period in between date of periodical enhancement in rent and date of auction.

 

(ix)      The case of disparity in rent of sub-unit  having similar conditions and location in the same vicinity or the cases where the increase  in rent under sub-clause (i) of clause 11 is more than 300% in case of residential  sub-units and more than 500% in case of commercial sub-units may be referred to the Administrator concerned by the District Officer or the tenant and after affording opportunity of being heard to the parties, the Administrator shall forward his recommendations to the Chairman for orders as may deem fit.”