Development Authority Muzaffarabad Act, 1989

  1. Sections 5 and 16 — appointments — the powers of appointment vest in authority which are ordinarily exercised through the Board constituted under section 5 of the Development Authority Act. Under section 16(3), in case of urgency, the Chairman of the authority who appoints officers may make appointment and determine terms and conditions of the appointees. This power is also subject to condition that any such appointment made in urgency shall be reported to the authority without unreasonable delay. The ordinary regular appointments must have been made by the Authority/ Board. Muhammad Bashir Awan v. Azad Govt. and 7 others 2014 SCR 666 (B)
  2. Sections 16 to 20, Chapter IV — deals with the powers of the chairman Development Authority, Muzaffarabad and the matters for employment of officers and servants of the authority — section 16 clearly speaks that the powers of appointment and determination of terms and conditions vest in the authority. Although under provision of section 20, the authority may, by general notification or special order, delegate to the Chairman or a member or an officer of authority any of its powers or duties subject to imposed condition thought fit. M. Bashir Awan v. Azad Govt. 2014 SCR 666 (A)
  3. —section 21 and 22—approval of budget and preparation of budget—duties of the Government and the Development Authority—duty of provision of funds—to be determined by executing Court. As far as the stance of the Development Authority that basically it is the Government who has to provide the funds and sufficient budget is concerned, in our opinion, the statutory provision of Development Authority Muzaffarabad Act, 1989, specifically, section 21 and 22 are very much clear. According to law the Government has to approve the budget of the Development Authority and it is the duty of the Development Authority to prepare budget keeping in view the required funds. Same like, the other proposition that the Development Authority was only assisting organization and the duty of provision of funds lies upon some other agency is concerned, all these matters relate to executing Court. Development Authority v. Syed Mazhar-ul-Hassan Gillani 2017 SCR 276 (C)
  4. S. 39 — The Government framed the rules known as the Development Authority Muzaffarabad Employees (Efficiency and Discipline ) Rules 1995 — Under the provision of the Act a Board has been constituted consisting of the Chairman and not less than three   members to be appointed by the Government — The general direction and administration of Development Authority Muzaffarabad have been exclusively vested in the Board — The Board is also vested with the jurisdiction to issue general directions in respects of acts or things which may be exercised or done by the Development Authority Muzaffarabad — The Government under the provision of the act was not justified in law  to assume the role which was exclusively vested in the Board — The impugned notification was issued by the Government in colourable exercise of jurisdiction. Development Authority Muzaffarabad  v. Shahid Qureshi & 7 others 2004 SCR 80 (A)
  5. Power of review of order — Chairman — powers of chairman — appointment etc — services of temporary employee terminated — such employee reinstated — Chairman is not vested with the powers to review the order, nor he is an appointing authority except only to meet the urgency. In absence of statutory provision , recalling of an order of termination of service after four years’ period and reinstatement of a temporary employee removed from service is totally ab-initio void and of no legal effect. Muhammad Bashir Awan v. Azad Govt. and 7 others 2014 SCR 666 (C)
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