KARACHI, March 26: Governor Mohammedmian Soomro promulgated on Tuesday the Sindh Disposal of Urban Land Ordinance, 2002, which shall come into force at once.

Under the Ordinance, no land shall be disposed of except in accordance with the provisions of the Ordinance.

The disposal of land or plots under any law for the time being in force shall be subject to the provisions of the Ordinance, and the procedure laid down in or under such law, rules or regulations thereunder shall stand modified to the extent of the provisions of this Ordinance, rules and regulations.

The disposal of any land otherwise in accordance with the Ordinance shall be void and building or structure, if any, shall be liable to be forfeited to the government without any compensation.

There shall be prepared a general layout of the land to be disposed of under this Ordinance.

Such a layout shall specify the purpose for which the land shall be used and the class of buildings, which shall be constructed on such land.

Save as otherwise provided under this Ordinance or rules- a) no plot or flat site shall be disposed of except by open public auction at a price not less than the market price. b) no land shall be exchangeable with any other land. The disposal of land by the government to an authority, a council, a society, the federal or a provincial government or its agency or by an authority to a council, a society, the federal or a provincial government or its agency shall be at the market price, etc. through an agreement.

For the purpose of determining the reserve price, the government shall take into consideration - i) the transfer of land similarly situated and in similar use during the past 12 months. 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 assessment of such price.

The reserve price determined under sub-section (1) shall be notified in the official gazette.

The government 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 years.

Amenity plots shall be disposed of to such person or body or persons or organization in such manner and on such 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.

No amenity plot shall be converted, to or utilized for, any other purpose than the purpose for which it is reserved.

No residential plot shall be converted for any other purpose, except with the prior approval of the prescribed authority and on the prescribed conditions. Notwithstanding anything to the contrary contained in the Ordinance a lease of lands existing immediately before the commencement of the Ordinance shall continue on the terms and conditions mentioned therein.

Provided that such lease on the expiry of its term shall be liable to be renewed on payment of the occupancy value determined under section 9.

A scheme dividing the land in blocks and blocks into plots shall be prepared for approval by the government if such scheme is not sponsored by the government, in such manner as may be prescribed.

The scheme, with the sanction order, shall be published in the official gazette and such publication shall be conclusive evidence that the scheme is duly planned, designed and sanctioned.

A scheme may be prepared for shiftees and incremental housing settlements in such manner as may be prescribed.

The implementation of the scheme shall be supervised by the authority which has prepared or sponsored the same.

All payments under the Ordinance shall be made in the manner as may be prescribed.

The government may in notification in the official gazette make rules for carrying out the purposes of this Ordinance. No rule under sub-section (i) 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.

Subject to approval of the government an authority or autonomous body may make regulations not inconsistent with this Ordinance or the rules. — APP