EVALUATING THE CO-ORDINATION AND WORKING OF DIFFERENT GOVERNMENT DEPARTMENTS IN KARACHI

KBCA BYE-LAWS

COURSE PLAN UE-414: LAW AND REGULATORY CONTROL STUDIES

CONCEPTS AND TERMINOLOGY OF LAW AND REGULATORY CONTROL STUDIES

Department Urban and Infrastructure Engineering

AR–414: LAW AND REGULATORY CONTROL STUDIES

By

RAVINDAR KUMAR

Assistant Professor

Department of Architecture and Planning

NED University of Engineering and Technology

Karachi

LECTURE NO. 01

TOPIC: INTRODUCTION TO LAW AND REGULATORY CONTROL STUDIES

INTRODUCTION:

The subject of law and regulatory control studies prescribed for urban engineering students consists of four major themes for which the urban engineers need to develop their understanding. The first theme is Law and Regulations. The second theme is Property Rights. The third theme is Building Plans and the fourth theme is of Coordination and Action between Civic Agencies. Within these four themes lies the detailed course content and throughout the year the lectures and discussions would revolved around these four themes. The detailed course contents is given hereunder for the reference of students.

CONCEPTS AND TERMINOLOGY

Within the course contents of the subject there are various concepts and terminologies whose understanding is the pre-requisite for the comprehension of this course. It is outlined below:

Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Or it is a written assurance of security for the weak from the powerful or for the victims from the aggressors.

Government is the body within a community, political entity or organization which has the authority to make and enforce rules, laws, and regulations. Or it is an individual or group that controls the large mass within a geographical boundary.

Legal relations mean a professional relationship between two parties that is regulated by law. Legal means something which has a basis in the law. Relations mean the manner in which two things may be associated.

Subjects and objects of legal relations can be defined as customers and service providers which are legally bound to each other such as Lawyers and their clients etc. In philosophy, a subject is a being which has subjective experiences, subjective consciousness or a relationship with another entity or object. A subject is an observer and an object is a thing observed.” From the perspective of Government subjects are the common people.

Physical and Jurisdictional individuals means those individuals which are physically jurisdictionally interrelated. Physical means any entities which are composed of matter and/or energy, as well as the physical properties of those entities; and not merely items of thought or belief. Jurisdictional means restricted to the geographic area under a particular jurisdiction. Individual means a person or any specific object in a collection. An individual is also a single human considered apart from a society or community marked by or expressing individuality as distinguished from others by some special quality. Two individuals may be jurisdictionally bounded together within a contract such as owner and tenant etc. Similarly people are always live work and enjoy within a context and each context has its own laws that are applicable to the individuals.

Local Government refers collectively to administrative authorities over areas that are smaller than a state. In the context of Karachi Pakistan local government is the City District Government Karachi (CDGK) with Nazim (Mayor) as its head.

Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. A draft act of Parliament is known as a bill. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict.

Act, may refer to as a document recording the legality of a transaction or contract. Act also means an act of Parliament i.e. a statute (commonly called a law) enacted as primary legislation by a national or sub-national parliament. It is not however above common law. In Commonwealth countries, the term is used both in a narrow sense, as the formal description of a law passed in certain territories, and in a wider (generic) sense for primary legislation passed in any country.

License as a verb means to give permission. The noun license refers to that permission as well as to the document memorializing that permission. License may be granted by a party "licensor" to another party "licensee" as an element of an agreement between those parties. A shorthand definition of a license is "an authorization “by the licensor” to use the licensed material “by the licensee”.

Regulations are like controlling human or societal behaviour by rules or restrictions. Regulation can take many forms: legal restrictions promulgated by a government authority, self-regulation by an industry such as through a trade association, social regulation e.g. norms, co-regulation and market regulation. One can consider regulation as actions of conduct imposing sanctions such as a fine.

Professional ethics concerns the moral issues that arise because of the specialist knowledge that professionals attain, and how the use of this knowledge should be governed when providing a service to the public.

Property is any physical or intangible entity that is owned by a person or jointly by a group of persons. Depending on the nature of the property, an owner of property has the right to consume, sell, rent, mortgage, transfer, exchange or destroy their property, and/or to exclude others from doing these things.

Rights are variously construed as legal, social, or moral freedoms to act or refrain from acting, or entitlements to be acted upon or not acted upon.

Possession in the framework of law is the, exclusive practical control of a thing, in the context of the legal implications of that control. In generic terms it is the physical control and occupation over a property.

Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, both possession and title may be transferred independently of each other.

METHODOLOGY OF STUDIES:

The methodology of studying this course include lectures, discussion, online reading, field survey and data collection assignments by students with its power point presentation as well as submission of hard copy in the form of report and soft copy in the form of a CD.

ASSIGNMENTS:

1. Collect data from books or go Google and find out the definition, meaning and very brief description of the following terms and concepts:

Building Plans, Submission, Building applications; Procedural Checks; Ownership verification; Planning application; Advertisements; Site; Notices; Fines; Building violation; Analysis; Building proposals; Conformity; Development plans; Land use; Zoning, Planning criteria, Building byelaws, Design guidelines, Building line; Parking, Chamfer, Coordination; Civic Agencies; Consultation; Neighbours, Road Authorities, Line departments; Allied agencies; Completion certificates; Demarcation, Encroachments; Declaration; Demolition; Dangerous buildings; Litigation; Control; Commercialisation; Policy.

2. Download the KBCA Building Bye Laws in 25 Chapters from the following website and make its report. http://www.kbca.gov.pk/byelaws.htm  

3. Download the KBCA Forms from the following website and make its report. http://www.kbca.gov.pk/form.htm  

DEFINITION OF GOVERNMENT AND LAW

DEPARTMENT URBAN AND INFRASTRUCTURE ENGINEERING

UE–414: LAW AND REGULATORY CONTROL STUDIES

By

RAVINDAR KUMAR

Assistant Professor

Department of Architecture and Planning

NED University of Engineering and Technology

Karachi

LECTURE NO. 02

TOPIC: DEFINITION OF GOVERNMENT AND LAW

WHAT IS GOVERNMENT?

A Government is the body within a community, political entity or organization which has the authority to make and enforce rules, laws and regulations. Typically, the term "government" refers to a civil government or sovereign state which can be either local, national, or international. However, commercial, academic, religious, or other formal organizations are also governed by internal bodies. Such bodies may be called boards of directors, managers, or governors or they may be known as the administration (as in schools) or councils of elders (as in churches). The size of governments can vary by region or purpose. Growth of an organization advances the complexity of its government, therefore small towns or small-to-medium privately-operated enterprises will have fewer officials than typically larger organizations such as multinational corporations which tend to have multiple interlocking, hierarchical layers of administration and governance. As complexity increases and the nature of governance become more complicated, so does the need for formal policies and procedures.

WHAT IS A SOVEREIGN STATE?

A sovereign state, commonly simply referred to as a state, is a political association with effective internal and external sovereignty over a geographic area and population which is not dependent on, or subject to any other power or state. While in abstract terms a sovereign state can exist without being recognised by other sovereign states, unrecognised states will often find it hard to exercise full treaty-making powers and engage in diplomatic relations with other sovereign states. In casual usage, the terms "country", "nation", and "state" are often used as if they were synonymous; but in a more strict usage they can be distinguished: Nation denotes a people who are believed to or deemed to share common customs, origins, and history. However, the adjectives national and international also refer to matters pertaining to what are strictly sovereign states, as in national capital, international law. State refers to the set of governing and supportive institutions that have sovereignty over a definite territory and population.

FORM OF GOVERNMENT:

A form of government, or form of state governance, refers to the set of political institutions by which a government of a state is organized in order to exert its powers over a body politic. Synonyms include "regime type" and "system of government". This definition holds even if the government is unsuccessful in exerting its power.

NAMES OF GOVERNMENTS:

Nineteen states in the world do not explicitly name their government forms in their official name (the official name of Canada, for instance, is simply "Canada"), but most have an official name which identifies their form of government, or at least the form of government toward which they are striving:

• Luxembourg is A Grand Duchy.

• The United Arab Emirates is a collection of Muslim states, each an emirate in its own right.

• Russia, Switzerland, and Saint Kitts and Nevis are each A Federation.

• Libya is a Jamahiriya

• There are 33 Kingdoms in the world, but only 18 named as such. The other 15 are known as realms. Jordan is specifically titled the "Hashemite Kingdom of Jordan," while Britain is formally the United Kingdom of Great Britain and Northern Ireland.

• Andorra, Liechtenstein, and Monaco are each A Principality.

• The word "Republic" is used by 9 nations in their official names. Many specify a type of republic: China as well as Bangladesh are titled a "people's republic; India a sovereign, socialist, secular, democratic republic; North Korea a "democratic people's republic"; Egypt and Syria "Arab republics"; Guyana a "cooperative republic"; Algeria is a "democratic and popular republic," Vietnam a "socialist republic," Sri Lanka a "democratic socialist republic.

• States which wish to emphasize that their provinces have a fair amount of autonomy from the central government may specifically state this: Germany and Nigeria are each a Federal Republic, Ethiopia is a Federal Democratic Republic, the Comoros is a Federal Islamic Republic, and Brazil is a Federative Republic.

• Venezuela is "Bolivarian republic" which is meant to emphasize its descendance from Simon Bolivar. Uruguay is "Oriental republic" which hints to it being successor of the Provincia Oriental del Río de la Plata.

• Government ideology is also a common signifier appended to "republic." Besides the Comoros, four other nations specifically dictate that they are Islamic republics. Pakistan, Mauritania, Iran, and Afghanistan have officially named themselves Islamic Republics.

• Asian nations influenced by Maoism may emphasize their belief system by specifying the People as a whole in their official names: Laos is a People's Democratic Republic, and Bangladesh and China are People's Republics. Vietnam is a Socialist Republic. Finally, Tanzania emphasizes the cohesion of its state as A United Republic.

• Eleven nations simply refer to themselves as states, but a handful specifies what kind of state? Micronesia is made up of Federated States, Papua New Guinea and Samoa emphasize that they are Independent States, while the United States of America and the United Mexican States are made up of Constituent States.

• Brunei and Oman are Sultanates.

• Burma simply states that it is A Union.

• The Vatican, the world's smallest sovereign state, describes itself as A City-State, though its government is the sovereign entity known as the Holy See.

 TYPES OF STATE GOVERNMENT:

• Authoritarian – Authoritarian governments are characterized by an emphasis on the authority of the state in a republic or union. It is a political system controlled by non-elected rulers who usually permit some degree of individual freedom.
• Constitutional monarchy – A government that has a monarch, but his/her power is strictly limited by the government. Example: United Kingdom

• Constitutional republic – Rule by a government composed of representatives who are voted into power by the people.

• Democracy – Rule by a government where all [citizens] are represented but power is held by the majority.

• Dictatorship – Rule by an individual who has full power over the country. It is also termed as Autocracy and Stratocracy.

• Monarchy – Rule by an individual who has inherited the role and expects to bequeath it to their heir.

• Oligarchy – Rule by a small group of people who share similar interests or family relations.

• Plutocracy – A government composed of the wealthy class. Any of the forms of government listed here can be plutocracy. For instance, if all of the voted representatives in a republic are wealthy, then it is a republic and a plutocracy.

• Theocracy – Rule by a religious elite.

• Totalitarian – Totalitarian governments regulate nearly every aspect of public and private life. 

The political philosophy of anarchism opposes government, and is not a form thereof—it is the belief that governments are harmful and unnecessary.

WHAT IS A LAW?

Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as the foremost social mediator in relations between people. Law governs a wide variety of social activities. All legal systems deal with similar issues and behaviors, but each country categorizes and identifies its legal standards and principals in different ways. A common distinction is that between "public law" (a term related closely to the state, and including constitutional, administrative and criminal law), and "private law" (which covers contract and property). In civil law systems, contract fall under a general law of obligations, while trusts law is dealt with international conventions. Law spreads far beyond the core subjects into virtually every area of life. Three categories are of importance here i.e. Law and society, Law and commerce, Law and regulation. Law and society include Labour law, Civil rights and Human rights law, Immigration and nationality law, Social security law and Family law. Law and commerce include Commercial law, Admiralty law and the Law of the Sea, Company law and Intellectual property law. Law and regulation include Tax law, Banking law, Competition law, Consumer law and Environmental law. Regulation deals with the provision of public services and utilities. Especially since privatisation became popular private companies doing the jobs previously controlled by government; energy, gas telecomm and water are regulated industries.

• Australia, the Bahamas, and Dominica are each officially a Commonwealth.

FORMS & SAMPLE DRAWINGS/PROPERTY RELATED DOCUMENTS & PROCESS OF BUYING AND SELLING

UE 414: LAW AND REGULATORY CONTROL STUDIES

BY

RAVINDAR KUMAR

Assistant Professor

Department of Architecture and Planning

NED University of Engineering and Technology

Karachi

2010

1. FORMS & SAMPLE DRAWINGS:

These forms can be acquired from registered property dealers and real estate agents which make necessary arrangements for property acquisition.Sample drawings are layouts of house plans that show the architectural detailing and position of respective rooms.

These drawings should be drawn by a certified architect and conform to the byelaws of the pertinent authority such as the KBCA, CBC or the DHA.

TYPES OF FORMS:

Some common types of forms include the following: 

1. Completion form
2. Architect’s Certificate
3. Demolition form
4. Propose/alteration form

COMPLETION FORM:

DEMOLITION FORM

Propose/Alteration Form:

SAMPLE DRAWINGS

2. PROPERTY RELATED DOCUMENTS & PROCESS OF BUYING AND SELLING:

These are official documents that are necessary for property acquisition or sale of some sort. Three basic types of documents are mentioned below:

1. AGREEMENT OF SALE
2. INDENTURE OF LEASE
3. CONVEYANCE DEED

AGREEMENT OF SALE:

This document is a bond declaring the legal procedures that are adopted for selling a property.

• This document is between two parties, that is; the seller and the buyer.
• It guarantees full legal support, if one party decides to dis obey the rules mentioned in the document; and that party is accountable to law.

SAMPLES:

Some samples of agreement of sale are given below:

INDENTURE OF LEASE:

1. A contract binding one party into the service of another for a specified term
2. This document is also in between two parties, of which; one is the lessee and the other is the Sub-lessee.
3. It is also accountable under law and can be produced in the court as evidence, in case of fraud; by one of the parties.

PROCESS OF BUYING AND SELLING:

The process of buying and selling can be broadly classified into two categories.

1. LEASE
2. TRANSFER 

LEASE:

This process is the most safest and reliable method for property dealing and purchasing. It includes the documents mentioned above. This process involves five steps; which are

1. Lease
2. Sub-lease
3. Sale deed
4. Power of attorney
5. Sub- Power of attorney

1) LEASE:

A contract granting use or occupation of property during a specified time for a specified payment.

2) SUB-LEASE:

Lease or rent all or part of (a leased or rented property) to another person.

3) SALE DEED:

This document is used when the sub-lessee decides to sell the property to another person.

A legal instrument authorizing someone to act as the grantor's agent

Grant: a transfer of property by deed of conveyance.

5) SUB- POWER OF ATTORNEY:

This the last stage in the process of buying and selling. After this stage, if the concerned person decides to sell the property for the sixth consecutive time; then the process starts with the Sale deed.

• All the documents that are needed during the lease process are attested on a stamp paper.
• The value of the stamp paper can very depending on the size and dimensions of the property in monetary terms.
• All the documents are prepared by the estate agent and attested in presence of the registrar or some government official.
• The signatures are made on the stamp paper by both the lessee and the sub-lessee.

• Transfer property means to pass the property fro one person to another.
• This can be either in terms of inheritance or directly transfer the property from one to another.
• A formal agreement is prepared declaring that the property has been transferred to the required person lawfully and its legal worth is also mentioned.
• This document is prepared in case the person transferring the property dies, so it can be used as evidence that the procedure was legal and true.

PRECAUTIONS:

Precautions to be taken before purchasing a valid property (Land or House/flat)

• Ensure that the property is neither mortgaged with any bank nor under litigation in a court of law.
• This can be ascertained by obtaining Non-encumbrance certificate from the office of the Sub-Registrar of the area concerned where the property falls.
• Ensure that seller has genuine title to the property.
• Has no defective title to land, that might put into jeopardy the Seller under the law to dispose-off the property.
• This can be ascertained from the land allotting agency.
• To avoid legal complications, make sure that all the original documents with complete chain of title are in order and handy available with the Seller.
• If the owner lives abroad, a power of attorney, duly certified by the Embassy or the Consulate General of Pakistan and registered with the area registrar is required.
• Normally documentation varies from area to area and city to city, hence, is subject to the requirement of local authorities, such as the Clifton Cantonment Board, Defense Housing Authority (DHA), LDA in Lahore, CDA in Islamabad, Karachi Development Authority, and the other societies, functional in the area where the property is being purchased.
• Property forms refer to the relevant documents that are needed for the purchase, rent or to lease a public or private property.