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Page 1: M][NUTESOFTHE44TH MEETINGfgeha.gov.pk/wp-content/uploads/2019/03/Min-EC-44.pdf · IjazAhmad, former Secretary, Housing and Work) for disposal of the claims relating to termination

M][NUTES OF THE 44THMEETING

Page 2: M][NUTESOFTHE44TH MEETINGfgeha.gov.pk/wp-content/uploads/2019/03/Min-EC-44.pdf · IjazAhmad, former Secretary, Housing and Work) for disposal of the claims relating to termination

_._--_.--. __ ._" - -.~--

jVTlNUTES or THE -:~th \rEETING OF THE EXECUTIVE COMMITTEE- Of THE BOARD OF COVERNORS HELD ON NOVE:YIBER 12,1995

The 44th meeting of tk Ex.ecutjve Committee of the Board of Govcrnors of Federal

Government Employees Housin:s :oundation was held on 12.11.1995 at 1100 hours in the Committee

rool11

of the Works Division, B [o~k "B', Pakistan Secretariat, Islamabad under the Chairmanship of its

ChainmU1 (Secretary, Housing 3."IlC \Yor.,:s). 111e list of the participants is appended.

2.11le meeting c01T!rT~ncl;d \\'ith the recitation of the Holy Qur'an by Dr. Mohammad Rasool

Khan, Joint Enginecring Advisee. '.Vorb Division. 111e Chaim1an then ,,,,dcomed the participants. 111e

Director General, Housing Founda:ion, introduced to the Committee Mr. Han1id Hussain who had joined

recently as Director (Finance) OQ ceputation from the office of the Auditor General of Pakistan.

Item NO.1CONFIRMATION OF THE .'II.:'-LTES OF THE 431<D i\lEETING OF THE EXECUTIVECO;VIMITTEE OF THE BOARD OF GOVERNORS.

Item NO.2

of the Federal Government Emplc::ees Housing Foundation held on 15.6.1995 were confinned.

IMPLEMENTATION STATUS OF THE DECISIONS ':;'AKEN IN THE 43RD MEETING OF THEEXECUTIVE COMMITTEE.

111C IIIinutes of U1c -L3rd mecti ng of the Ex.ecutivc Committee of the Board of Governors3.

Islamabad (Phase-I)

4 Director General, Housing Foundation ex.plained the background of the cases filed by the

Contractors in the Civil court. It was infom1cd that the court had remitted the case to the Arbitrator (Mr.

Ijaz Ahmad, former Secretary, Housing and Work) for disposal of the claims relating to termination of

the Contracts. The Contractors had also moved an application before the Senior Civil Judge, Islamabad

for removal of the Arbitrator, th~ hearing of which had been fixed on 13 .11.1995. The Executive

Committee was further infom1ed that the Housing Foundation had already moved an application before

the High Court. RZl\\alpindi Bench. R:l\\alpindi for seeking clarification of its order dated 18.1.1995

regarding IllZlintcnZlnce of the stZltus quo in respect of l'etainiilg possession of property by the Contractors,

the hearing of which had been fix<.'d on 3.12.19SJ5. 111l::Committee \\'as also inforn1ed that out of 1595

houses, about 1235 houses had already been handed over to the allottees after clearance of outstanding

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Director GeneraL ,:...!O'-isi:lgFoundation infonlled the Committee tInt a settlement had

11l(: COl11mittee w:":; J.Pprised of the positiC,Jn of the constitution petition filed by the

5.

6.

rCCL'Illh been re:lchL'd by the Clpi:.::.. D.:\ Jopment Authority (CDA) \\ith the affcctees in sector G-Il and

the allottees who had not yet take=-: :\::r posession of their plots could 1l0W take overthe possession and

start construction of their houses.

2

the background and the present 5:-..::..: ..•5 of all the court cases. It was discussed that the possession of the

houses under litigation could be t~<:::1 o\~r only all the vacation of the stay order for which an application

moved by the Housing Foundatic:"; -,',2.5 pending before the High Court. It \vas decided that a sUl11mary

be sent to the Law and Justice Di-.:O':o:1 for seeking 3dvice on cases on which the court had granted stay.

dues whereas 128 allottees had ~-.:: :.::t taken over the possession of the houses despite intimation of

,[etian co~ts thercof' bv thc r--:-__O'n:; FOUIlcbtion, Tllc posscssioll of 0111\' 232 houscs could not beCollli .

. {1 Ille '111(l((eL'Sdlle to I'r~lnl _' '_1\ j\ tli,: e()urt ,.\llhis.illnclllre. the L:l\\ Unicer further explained\ 11\ Cil l' :::;-, ~ ~=,

allottees against the Housing Four:d.:-tion in the Supreme Court of Pakistan. llle last hearing of the casc

in the Supreme Court of Pakistan \'.J.S held on 7. 11.1995 and 8. J 1.1995 wherein the court directed the

Ch;lirlll:ln. (Secretary. Housing :ln~ \\'orks) to t:tke up the matter \\ith the Minister for Housing and Works

for ~n amicable settlement with th~ .l1lottces, A meeting between the counsel of the petitioners and the

Minister for Housing and Works \\'2.5, therefore, being arranged on 15.11.1995. llle Chairman briefed

the Committee about the relief pack:.ge offered by the Housing Foundation to the allottees and stated that

a substantial relief could be give~ if Ministry of Finance agreed to waiver of interest on the loan of Rs

100 Mi11ion given to the Housing Foundation. TIle Director General, Housing Foundation also infoITned

that the relief offered to the allotte.es would be worked out keeping in view the quantum of \vork carried

out ill l:ach house and till: scileduL.: c'f paymcnts made by the rl:spective allottl:es.

hLamabad (Phase- II)

7.

lkm NO.2

The Executive Committee was infom1ed that the allotments to 2549 applicants had been

made in sectors D-12 and E-12 under Phase-II of the Islamabad Scheme. 11le physical possession of the

plots, hOwever, could not be given by the CDA due to its dispute with the local affectees. TIle Committee\\'a" f' .•'~In Grmed that due to amendmcm in the CDA Ordinance. 1960 recentl)' 3pprovcd by the Cabinet, the

CDA \\'0 Id b' . . - I . I d -f- d I -- f D I?tI e In a POSltlOIl to rC'k'\\' t 1Ccompcnsatlon a rca y ot ere to t 1e attectces 0 sector -_

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111e E:-.:ecuti\'e Cc:,',-:,i~lc:~ \\as informed that the o\\nership rights in respect of land under

Director General, Housing Foundation infonned the Committee that Mis Universal

x.

Schemes in other citiesMRACHI

LAHORE

9,

PESHAWAR

!O,

Phase-I, measuring 22.75 acres h2.:.i ,in.::\; been trallsferred in the name of !vlinistry of Housing and Works

by the Government of Sindh. T.::.e tenders for the infrastructure works had been invited after the

prequaJification of Contractors \V2.S ;ot appro\ed by the Chairman, Executive Committee and the case for

the acceptance of tender rates for dJ:: external services was on the agenda. TIle Committee was, however,

infolll1cd that the Go\'emment of S:~d!l !nd not agreed to the request of Ministry of Housing and Works

for reduction in the e\:temal dcY"e:c:mc:nt charges from Rs 200 per square yards on the gross area to Rs

75 to Rs 125 per square yards on t~lCnd :lr~'::lof plots. 111e Project Director, Housing Foundation Karachi

informed the E:-.:ccutive COllllllitkc: :lut the ch::lrges being delll:lnded by the Govenlment of Sindh were

the same had been levied and demar.ded from other societies to which land had been allotted in the area.

possible,

3

and £-12, However, the Joint Sc;:,::A.t:-, Cabinet Division observed that the proposed amendment in the

CDA Ordinance, 1%0 \\ould be 2-.~p~ic"bk only in the cases of acquisition of bnds in future, 111C

CUl1111JilteeJirecleJ to ascertain ''':j. {:'filioll 1"rol11the CO.-'\. for settlemcnt of thc isslIl; at the earlicst

Enterprises with \\"IlOm the ~grecm;;nt for the purchase of bnd ::It L::l1lOrchao been drawn, could not

Jrr:lI1ge cle~r physic::l1 possession of !:lnd Instead. f'l'l/s Universal Enterprises h::ld filed a suit against the

Housing Foundation for violation or Contr::lct \\hereas the Housing Foundation had :llso filed a counter

suit against the patty for not fulfilling the contr::lctual obligations on their part. It was also infomled that

out of 330 applicants, :lbout 30 applicants h:ld already t::lken back their seed money with the condition that

their seniority would not be disturb;,:d in case the scheme got materialised.

111e Executive Committee was infonllcd that the allotmcnts to the successful applicants

for Housing Schellle at Pesh::l\\'o.r Iud been completed. About 23 co.tegory-I and 113 category-III plots

had been left out. 111e unsuccessful applicants of category-II houses had alreo.dy been asked to convey

their willingness for allotment of c::ltegory-I1I plots in place of category-II plots, After the receipt of

options, fresh applications would b~ invited for the left over plots.

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Item NO.6

14. 111C Executive Committee was infon11ed that a separZlte item regarding Housing Scheme

(Phase-Ill) at Isbl11abJd was on the' agcnda.

('nlllillillcc Sllh-Cllllllllillcc rcg~lr~ -~ i:,p()~ili()ll 0'" liquilLttcd dll1~lges OJ] the Contractors of Housing

Schemc (PhJse-l) Jt IsIJI11Jb:Jd \','::-: on :~I~a~cndJ_

4

The Exccuitve C~r::mitLc; \V~ infon11Cd that considcration of the report of the Technic;:d

11le Executive CCIT-mitLe \V~ infom1ed that the Consultant had so far furnished final bills

wn No.3

11.

Item No.4

12.

in respect of six (6) Contractors. Ln31 bills of the remaining Contractors were expected to be received

from the Consultants by the end ,)f\'o\;;mber 1995. TI1e action on flnalization of Contractors bills was

in hand in the Housing Foundatic;;

Itcm NO.5

13. TI1e Exccutive Ccrcninee was infon11i.~dthat action regarding tennination of Consultancy

Agrcl.:l11cntdrawn with M/s Dcvdo~mcnt Consultants \\ ith drL:ct from JUIlC ISlY), had already bel.:n taken

as per decision taken by the Execu:ive Committee in its 43rd meeting.

Item NO.8

15. TIle Executive Committee was infom1ed that the report of the Sub-Committee formulated

by the Executive Committee to ex:un.ine the draft service rules of the Housing Foundation was on the

agenda.

Item NO.9 to 12

16. It was reported th;:J.tdecisions already taken by the Executive Committee in all the cases

Were implemented/conveyed to the respective allottees.

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~n No.3

LAUNCHING OF HOUSING S(HE:\JE FOR MNAS. JOURNALfSTS, CIVIL SERVANTS,JlIf)(;I~S ETC., IN SECTOR (;-1':;. Isr. \:\L\8;\O (pHASE-III).

17. Director General, Hc..:sin:,: foundation briefed the Executive Committee and explained that

the Scheme was considered by the B:ard .Jf Govemors in its 4th meeting held on 31. 10.1994 \vherein it

W:JSdecided to;

i) l:lunch the s:lcrr.~. :lnd

ii) :lcquire Iill-J :"lro,-:;11District Colkctor in sector G-!3, Isl:lJ1Iabad.

,1I11111laryhad been ~L'nt to thc i\lir:i~:r: cr Fill:1nCe requcsting for :1dv:1llcclllcnt of a short tenll loan on

llomin:J.l interest and rcpaY:J.blc \\i[11i:: a p~riod of aile year. 111e Finance Division, in a reply, had asked

for an early repayment of loan of R.s 100 lvli Ilion :J.long with interest which had been provided to the

Housing Foundation earlier in 1992. The Housing Foundation had paid back an anlOunt of Rs 35 Million

till June 1995.

The Executive Committee was i....;,f:nn;;l that the documentation and preliminary ground \vork in

connection with the acquisition cf Iand through the District Collector, Islanlabad had already been

completed. Moreover, the bound:::..rit5 of sector G- I 3, Islamabad were also got demarcated through the

Survey of Pakistan after receiving :h: sun ey coordinates from the CDA. It was infonl1ed that an amount

Of:lbollt Rs ().:)o Millioll \\ollid be r_~lIir_'J for the ~1Cquisition of land Il1L'asuring 7S0 acres for which a

Mr. Jam [n:J.111Ullah,AssistJ.I1t Commissioner, Islamabad who was specially invited in the18.

/llccting, briefed [he E:-.:ecutive Con:mitt~,-: th0t all the fOnllalities for issuance of notification for the

acquisition of bnd kId been cOlllpkr;:d :lJ~J only a certificate regarding aV:J.ilability of funds for making

payment to the bnd owners after the mnounccmcnt of award was awaited from the Housing Foundation.

He also infomlcd that the area of land belonging to Railways, Waqf and grave yard etc., had also been

detennined for exclusion from the award. He showed his readiness to issue the notification as soon as

the funds upto 20% of estimated amount of award (i.e., Rs 130 Million) \vere placed at the disposal of

the District Collector. He further infJnned that he had already contacted some of the parties owning big

chunks of lands in the area and t!l;H they would be cooperating in h:J.nding over the vacant physical

POSsession of land iml11ediately after gctting c0111pcnsat~on on the basis ofa\\'ard. He also infonned that

the Chief COlllmissioncr, Isl:lJllabad \\'as c:mpom:rcd to waive off the stamp duty etc., \-vhich would

otherwise be leviable for transfer of b.nd to the Housing Foundation.

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1<). After detailed del:c:,atic:ls, the Chainnan directed to cxplore the possibilities of:

6

i) lull.[ \'c':lllul'c "illl somc local priv:llc party fur the'--

execution ~: the: Schemc, or

However, Director General, Paki~:...-'.-lP\\,.O, Islamabad was of the vicw that option for making Joint

Vcnture with somc 10c:l1 P:lrty bel~; proft oriented. \\ould be more expensive th:ln obt:lining loan from

:1nytinallci:l! institutioll or schcdL'~j b:lJlks

20. TIle Cluinn::m infcIT.,ed the Executive Committee that the IVlinistry of Housing and \Vorks

intended to sell some of its valu;::b;:: lands at Lahore for which the National Insurance Corporation of

Pakistan had shown its inclination t.J purch3.Sc :llld if possibk thc rvlinistry \vould be able to divert the

funds obtained from the sale of l:mls to the Housing Foundation for purchase of land in sector 0-13,

Isl::Ul1abad.

21. Fin:lncial Adviser \\\orks) \vhilc appreciating the role of Housing Foundation in providing

shelter to the hOl11ekss Govemmcnt -::mployecs stressed that the policies and procedures adopted in this

regard should be such that the sam:: may enhanc(;, the credibility of the Housing Foundation, and the

confidence of the employees in all the actiYities of the Foundation. He proposed that permission may be

sought from the Ministry of Fin~ce for utilisation of funds obtained from sale proceeds of the

Govemment land towards the purchJSe of land

ii) obtaining :( ,.Jl frr.;ffi scheduled banks i.c., Habib Bank Limited or

City Banl: o-~c.

After detailed discussion, the follow.ing decision were taken.

acquisition of land. It \Vas proposed that 50% of this amount i.e.,

Rs (is I'vlillil'll nl:l\ be pbced at thL: disposal of District Collector

i) Director General, Housing Foundation was authorised to purchase

the land in s;;,ctor G-13 by giving an advance upto the 20% of Rs

650 Million (i.e., Rs 130 Million) to the District Collector,

Islamabad to enable him to issue the notification for the

22.

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ii)

/

by the:; Dic::-_~or (j~ncr:1l immediately and for the baIJl1ce amount

of Rs 65 -"'LJion m:1)' be arranged and placed at the disposal of

Oi:;trict C~_.:c[ur by the eJ1U of November 1<)<)5.

Director G:leral. Housing Foundation may initiate altemate

proposals ~-:: _:rr:,ilgclllcnts of 11CCCSS:ll\ funds b\ the FiilJ.nce

Divisioil ,::-, :he r'!lcl\\ illg lilles-

iii) The Di rector GCllcr;}!. HallS ing Foundation \\'J.S authori sed to

launch Phase-III of the Housing Scheme in sector G-13,

Islamabad after obtaining the requisiste NOC from the CDA.

repayable \\ithin a period of one year.

(c) [n cJ.Se, the Finance Division \\as not In a position to

adY2..'1ce any loan, it may authorise the Housing

Foundation for arrangement of loan of about Rs 200 to

250 .\lillion from any commercial bank on negotiable

terms and conditions against a guarantee to be provided

by the Goyemment.

(a)

(b)

Tee outswnding amount of the balance of Rs 65 l'v{jllion

ou of Rs 100 Million, previously advanced to the

Houing Foundation by the Ministry of Finance may be

di-,t:-ted to\\'ards the first interim paYJl1ent to be Jl1;}de to

th:: Jistric[ Collector for initiZlting the 1::U1dacquisition

TI,e FinanCe Division may be approachcd to grant special

pern:ission to divert funds to be generated by the

t\{in',try of Housing and Works out of the sale proceeds

of y31uable Federal Govemment lands located at Lahore

tow2fds acquisition of land by the Housing Foundation

and the same would be treated as soft tenl1 loan

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~REPORT OF Till;; SUB-CO'I'.IITTF:E REGARDING I\IPOSITION OF LIQUIDATEDOMI:'C!':S ON IIIE DU,'.'l !fl'\.,(; ()'\II~\(,TO[~S OF I'IL'S!':-I OF lifE 1I0ljSING

~I~I£M£.

cOl1llnittee constituted under the C~J.inn:l.11ship of the thc::n Director Gc::nc::raL Pakistan PWD, (:'vIr.

Moha.Illll1ad Rafiq Ahmad) apprisc,i :':lC E\ccutivc:: C01l1mittee of its salient feature and recommendations

to review the liquidated damages :~posed on the Contractors for debyed completion of houses. 111e

Executive Committee \\as infonlK= :~J.t J series of meetings were held by the Technical Sub-committee

Ilith the representatives of the CU.:.-Jctors as all of thel11 desired to be heard individually. 111e Sub-

committee went into evidence proci:.;:-::d by the Contractors and appreciated the following reasons for the

review of liquidated da.l11ages:-

;;j

t:.~

~ ~

" ~"J ,~~'j

'! .:r-.

i s<~~3 ~~:.~ ~f

1 ~~:

~"j

!:1~

23. Director General, H:Jsing Foundation while presenting the repoIt of the Technical Sub-

i) Delay in g-:::-jng clear physical possession of the plots especially

i i)

iii)

iv)

v)

\' i)

vii)

viii)

ix)

x)

in 0-11 sc;c:or due to sta.nding crops ~lJ1ddisputes betm;en the

CDA and ::JC affcctees regarding compensation for the land

o.cquired by :he C DA

Delay in c0::1muniCJ.tion of type designs of the houses selected

by the alloE~es.

Delay in fi.:Cltion of levels of foundation trenches, plinths and

compound \l,alls.

Change in the design of foundations involving more time due to

increased ccnstruction operations.

Change in t.'-re structural design of RCC roof slabs

Deby by t;-;..; allottees in intiI11:lting their decisions about the

option:tl iwus/modi fi cations.

Numerous discrcpo..I1cies/annomalies in the tender documents e.g.,

BOQs, specifications and construction drawings.

Non-availability of materials in the market as per specifications

e.g., AC pipes, steel windows, commercial ply for doors etc.

Abnonnal rJins and floods in 1992.

Delay in tk supply of l11atc::ri~lsby the Ovvner/allottees such as

cement, sted and sanit:lI)' W:lres.

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xiv) Delay~c rc\ision In the design of compound walls and

under;;r:und L1nks in plots located in depression,

xv) Dclib(:;-.::e de:!J.y in taking over possession of completed houses

by til: O\\n.:rs/allottees duc to non-a\ailability of external

[~'

':',L

~,

":i-

xi)

xii)

xiii)

xvi)

A lar~~ :1wy,'x;r of variation orders issued by the Consultants on

the n;:'::'_:5ts fefthe allottccs during the exccution of\\ork without

cvalll:':-:, ,11 U;' cust tl1C1'coi',

Ch~lI1; c: in :h;: mode of I1lCaSlIrcm tnt/p::r)l1lcnt reslll ti ng In

delay.:::':: ;Jroc::ssing of bi lis by the Consll)t;:U1tS,

Revis~~:: in t:lC: dcsignldra\vings of the plumbing and gas \',orks,

cajoLE' schcr.l::, eJ.rth clectrodes and RCC covering slab for

electri..:: :TIett;s etc,

servic's such :is \\'ater supply, scwerJ.ge, drainage,electricity, gas,

roads \.,':c" cspccially in sector G-l I :U1d non-payment of

outsta:Jemg dues by the aI1ottees,

Late d~cisions about the deletion of about 199 plots in sector G-

Il communicJ.ted to the concemed Contractors in September

1993,

xvii) Dual :2u:horitv exercised by the staff of the Consultants and the

statf of the Housing FoundJ.tion CIt site 3.nd delayed decisions

hampered the work.

xviii) Frequent changes In the supervIsory staff employed by the

ConsultlI1ts.

1l1~Sub-Committee felt that th;;:re existed sufficient grounds to revIeW the imposition of liquidated

daI1lJ.gcs in a pragm3tic W3y 311d suggested the following course of action for review of the liquidated

damagcs:-

i) The dat~ of receipt of last variation order or the date of last

revision in the drawings/Plans whichever is later be taken as a

datum for arriving at a more realistic extended date for

completion.

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ii) The d:.c:. Co,' J~lllpktion be established after taking into account

the til~':~ ";:'L;'_re:c1 to illco'1Jorate, the bst re\ision ill the design or

the I~l:::I ..J.r!~I::i.JIl/I11Uuiliclliullintilllateu to the Contractor by the

Con sc..lL.., r.

iii) The ,.12.:.::5 (ell \\'l1ich the Contractors offered substantially

comp~ ::1=d hc'Jscs to the Owner/Consultant be t;}ken as the actual

dates ':T" ;!Jo~:.::.ntial completion irrespecti\e of the dates given by

the C<: r,Ji:.:u,[ due to dci:l~' all his part in compiling/processing

the I11c2...'JL:IT:cntfiles for individual houses which in fact was his

respor:.s;':ility or circumstJ.l1CeS enumerated in para-44 of the

report.

iv) TIle a-.C:l.g;;: Contract price of the houses taken over on "as is

where is' b.lSis be deleted from the total Contract price (original

or re\[ :".j ~b the C::LSem:l)' be) for the levy of liquidated damages

as no rln dar..: of substantial completion C:tll be establised for the

said housc:s .\Ioreon:r. curtailment in the scope of work of the

Contr;:;clJrs resulting in reduced profit ~U1dincreased overheads

was considered to compensate for any liquidated damages for

which they might have made themselves liable, had they been

aIIo\ved :0 continue.

v) TI1e liquidated damages be calculated separately for each batch

of ho!.ls~s offered by the ContrJ.ctors on their substantia!

cOl11pkti.Jn (j O.O5'~;;)of the average Contract price of the houses

for each jay of delay beyond the date of completion established

as in sub-para(ii) above but not exceeding the maximum limit of

10% of the Contract Price of the houses included in the relevant

batches.

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1l1C Sub-col11mitte:c, therefore:, S'-=~~:5l::.:~ the Iny of liquid~ted damages against each Contractor as given

Sr # Name of the COlltr~ctor

L Mis Mohammad Hussaic ~ Co

2, Mis A S. Khan Constm.:t:~n (pq) Ltd.

3. Mis IvfuhandJ.Secn (Pvt) L::i

4. Mis Sim Sim Builders (P\-:I Ltd

5. Mis Steel Force (Pvt) Ltd.

6. Mis Redco Pakistan (Pvt) Ltd.

7. Mis Redco Pakistan (Pvt) Ltd.

8. Mis Redco Pakistan (Pvt) Ltd.

9. Mis Rufi Builders

10. l\tUs Housing Developmc;:J.t Associates (Pvt) Ltd.

11. Mis Jumani Group of Companies (Pv1) Ltd.

12. Mis Sarco International (Pn) Ltd.

13. Mis Karachi Constructors (Pvt Ltd.

14. Mis Eastem Services (P\1) Ltd.

Total

Pkg # Liquidated DamagesImposed Suggested

04 3,385,1951- 1,552,336/-

05 4,058,6751- 217,243/-

00 3,566,2401- 123,0401-

07 3,065)03/- 756,521/-

08 2,040,2991- 1,523,833/-

09 2,788,307/- 2,544,955/~

I1 3,0 18,256/- 2,288,5591-

12 2,582,4501- 2,360,2221-

14 3, I34,206/- 2,389,902/-

15 2,840,7191- 2,405,764/-

16 2,038,643/- 927,210/-

17 3,033,2381- 1,446,5551-

18 1,941,997/- 65,225/-

19 3,011,2701- 2,440,3191-

-----------------------------------------------41,104,798/- 21,041,084/-

24.

Note: Since the case of.Hls Steel Force (Pvt) Ltd., is subjudice, the Committeefeels that the liquidated damages can only be imposed in the light of thedecision of the Co Iirt.

TIle Executive Committee was also infomlcd that the Chaimla..n, Board of Governors had

passed orders for waiving off the J iquidakd damages on Mis l'vluhandJ.Scen (Pyt) Limited and Mis Jumani

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12

Contractors as the S:1111ehad not t'~=n included in its TCnllS of Reference (TOR). He, however, desried

that the following Sub-ComJl1i ttee =ay again look into the matter especially the claims of the Contractors

and come up with a package of p,c::soals in consultation \vith the Contractors for arriving at a mutually

agreeable solution, if possible.

Group of Companies CPvt) Limit:<::: Tk Joint Secretary, Cabinet Division remarked that the imposition

of liquidated damages was a pe=-~;:y "-.ld obsenred whether the Chaimlan, Board of Govemors was

<;ll1jlolVcrcd fur its w:liver :\s the : ~uiJ:"kd J~IIl1~lgcShad been imposed upon the Contractors for their

f:lillire to comple of houses in tir:.-::,:lS p:.:r their Contract Agreements.

Member

Member

Member

Chaiml;lJl

Oi rector Gc:!cr;:tl.Housing F cilldation, Islamabad.

Director G::1Cf3l.PJ.kist;lJl P\:.D .. Isbmabad.

Joint Engin~ring Adviser,Works Di,i.sioll, Islamabad.

Deputy Fin2J.cial Adviser,Works Di,ison, Islamabad.

Mr. Taseer H. Kardar,Allottees R~;Jrcsentative.

TI1C Chainl1:1n oc ~::\;,:,d that th~ Sub-Committee had not eXJ.lllined the claims of thc

i)

ij)

iii)

iv)

v)

25.

26.

Item NO.5

HOUSING SCHEME AT KAR-\CHl - TENDERS FOR INFRASTRUCTURE WORKS.

Director General, Housing Foundation infomled the Committee that tenders for the

following works were invited by th;;- Project Oin:ct0r, Housing Found~tioll, Karachi on 2.10.1995:-

i) Construction of Roads.

ii) Laying of E'\.ternal \-vater supply and sewerage system.

TIle Executive Committee Committ.:e was also informe~ that the extemal electrification work would be

got executed after the approval of plms by the KESC. The Project Director, Karachi futher infonlled that

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(he respollse to the tellders was v=:-: fCJ(~: as ol1ly t\\O (2) out of five (5) preqllalified Contractors for the

road worb pJrticipated in the tec::::~ I:l case of \\~1ter supply and sewerage \\"orks, only two (2) out of

,i.'" (I) pn.:qualilicJ UIICSpartieip;.L:":~ in the: lCl1lkril1g prueess. AccorJing to the Project Director, Karachi.

the participation in the tenders b:.' e:c Cr)ntractors \vas poor due to law and order situation in Karachi as

the correspondence addressed to -:.:.~::pre-qualified Contractors was received back undelivered. Since the

rates quoted by the Contractors \'. e:= H,Y high, the negotiations v,'ere conducted by the Project Director,

Karachi.

27. 111c Executive C:.eminee \\3.5 further infonned that the tenders were also scrutinised byJ

the Technical Sub-committee lIr:;d::r the Chainnanship of Chief Engineer, Pal< PWD., Karachi. The

Technical Sub-committee got the 2.J.a1ysis of rates prepared by the Consultants examined in the Quantity

Survey Branch of the office of Chief Engineer, Pakistan PWD., and recommended the negotiated rates

for approval of the competent atrJJJrity as the same were found compatible \vith the percentage rates of

tenders being accepted for sillli/;:u ',\orks ill the South ZOlle of Pakist~Ul PWD.

It was decided tt::u the Project Director, Karachi may at the first instance negotiate the

rates Il1 order to bring them daw::! further and the rates so arrived at may be got approved by the

Executive Committee through circulation.

Item NO.6

SERVICE RULES FOR THE E~[PLOYEES OF THE HOUSING FOUNDATION.

29. 111e Joint Secre!.ary (\Vorks) being the Chaim1aIl of the Sub-committee which was

constituted by the Executive Committee in its 43rd meeting to examine the Service Rules of the employees

of the Housing Foundation, infomlcd thL: participants that the draft Service Rules were prepared in the

light of Govemment rules and are in accordance with the Memorandum and Article of Association of the

Company.

30. 111e allottee's representative (Mf. Taseer H. Kardar), however, observed that in the first

instance the status of the organisation should have been defined. He had also some more observations

regarding the leave provisiolls for the appointees on 'C'ulltract basis. He also observed that the leave rules

should be modified keeping in vic\\' such rules in other companies limited by guarantee. TIle Chairman

proposed that the draft service rules may be re-examined by the Sub-committee to which Mr Kardar may

1.

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Item NO.8

It was decided i:J ~!(' -lIst meeting of the Executive Committee to levy service charges

Director General. Housing Foundation infom1ed the participants that the Executive

31-(ii) Rs 50/- per square yard of h::: :lo:: area on account of issuance of "No Objection Certificate (NOC)"\::,- .

for transfer of ownership/sale of c<': completed houses TI,e Committee was infom1ed that the CDA had

reduced its fee for trasnfer of pl,x; from R.s 130/- to Rs 40/- per square yard. It was, therefore, proposed

EXEMPTION FROM LATE PAY\IENT SURCHARGE AND WATCH & WARD CHARGESIN CASE OF WIDOWS/FAMILIES OF DECEASED ALLOTTEES OF PHASE-I OF THEHOUSING SCHEME, ISLA_\L~BAD.

i) Actual watch and ward charges incurred till the clearance of dues, and

ii) Late payment surcharge @l% per month on the outstanding amount

chargeable from me date of actual default.

that the Housing Foundation oz.:: also reduce its service charges on this account. TIle Executive

Committee decided to revise the- 5-:r.-ice charges from Rs 50/- per square yard to Rs 201- per square yard

of the plot area with immediate e:'fect.

.lli!J1 No.7REVISION OF SERVICE CH .i,.R.GES FOR ISSUA,~CE OF NOC REGARDING TRANSFER OF

Q)i\1PLETED HOUSES.

be also co-opted in the light of se::-.::<': ruics adopted by other organisations like National Zakat Foundation

and police Foundation .

32.

Committee in its 42nd meeting, de-::ided to levy the following additional charges to the allottees of Phase-I

orlhe Housing Schel1l<': Cit IsbmClbd \\ho failed to clear the outstzmding dues within the notified period:-

A number of widows of deceas-:d allottees of the Phase-I of the Housing Scheme had lately made

rcpresentZltions to the Mil1ister/S~cretary, Housing and Works for waiver of these additional charges on

compassionate grounds. Keeping in view the hUIl1C111aspect of the issue, the Executive Committee decided

to wZlive off the "late payment surcharge @l 'Yo per ,l11onth on -the outstanding amount chargeable from the

date of actual default" from the widows of the dece~ed allottees. However, the watch & ward incurred

til actual would be recovered from them being the incurred liability.

-!~,If.

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15

IteI1l No.9~ !VIR. MOHAMMAD SIDor UE FOR ALLOTiVIENT OF CATEGORY-III PLOT INCAS Sf,>1 IN RI;;Pl,ACEMENT OF C\TECORY-V IIOUSE.~-

Additional ItemHOUSING SCHEME AT KAR-\CHI - APPROVAL OF PLANS OF INDIVIDUAL HOUSES.

rejected the request of Mr. IVloh:.:J..l.lmCldSiddiq for Clliotment of a category-III plot/house in lieu of a

category-V house already cOl11pktd and handed m'er to him.

. catcgory-llI house in PhJSe-I :f [h:: Housing Scheme but his C.:LSedid not m:1.turc for allotment ontor a •

bncis of age-wise seniority. HY,:,c,'er, the number of category-V plots \vere more than the number of

the "-'

I. "'ltS He was allotted cate-2(i\'-\' house No. 322 in G-Il/l sector after obtaining his consent.

app lC.... . - -

I he started making requesG ~)r allotment of a category-III plot in lieu of the allotted category-VLate y,

after the availability of @Citioml plots in Phase-I Extension of the Housing Scheme. TIlehouse'Chainllan. Executive Committce .::i~.:c[ed [hat such requests should not be entertained in principle as the

. \\'ould open Pandora's box, Lit'.: 1', \11' Siddique filed :1.cOlllpbint before the Wafaqi Mohtasib forsal1l\,;

Jilotlllcnt of category-Ill plot in Ph=-s'.:-! 111e Waf:1.qi l\!ohtJSib's SccretariZlt \\as apprised of the factual.

position. Ho\vever. that Secretari::u iesird that the cJSe be again placed before the Executive Committee

tor re-consideration on eompassiorute grounds, The Executive COlllmittee was also infonll(.:d that Mr.

Siddique had already taken over his completed house on 12.4,1995,

-nlC Exccutivc Cc ::-.,-:-,i[1(;;\\JS informed that Mr. I\loh:ulll1lad Siddiquc. Assistant applied

11le Executive Co~min~e after considering all the administrative and legal aspects,

33.

34.

35, 111C Director General, Housing Foundation informed the Executive Committee that out

of 2 I I plots of different categon;:s in the Housing Scheme (Phase-I) at Karachi, allotment to 181

appl icants had al ready been issued. au t of wh ich I 13 allotees had opted for construction of houses by the

Housing Foundation whereas eh", n..:m:1.in ing :1.llottes opted for obtain ing developed plots for the

construction of houses under their o\\n Zlrrangement. It \vas further infonlH.:d that after finalizing the

allotments, <) category-I plots had been left over. In the 42nd meeting, the Executive Committee did not

agree for allotment of category-I plots to the un-successful applicants of category-II plots and, therefore,

it \vas proposed that these 9 category-I plots may be, converted into category-II plots for'accommodating

the pending applicants in the sanIe: ~akgory. TIle Executive Committee agreed to the proposal and

directed the Project Director for r(vising the pl::mning of the area accrodingly.

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among the allottecs and the work.::ble suggestions so received be incorporated ill the these final plans.

the plans of houses of category-~ t~ \'1 Jrcp::lred bv them (!VIIs UIl1::lrrvlullshi Associates). 1l1C Committee

approved the fJlall::i ill principk-, ....c:pl ~ur proposal No3 for the category-VI houses \\hich contained one

bed room and one living room c.n::.. T'lc Committee observed that the provision of passages in category-

V and VI houses may be revie",.e:f for better utilization of the space.

311.

37.

3X.

'16

lllC Consuit:.mt-s ~::pr';s;:;nt:1tives g:1ve a presentation to the Executive Committee about

111e Chaimlarl de-sired L~at the plans prepared by the Consultants may also be circulated

111e meeting cr:d~d "iill the \ote of the thanks to the Chair.

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LIST OFPARTICIPi\NTS OF :FE ":':,.d i\lEEHNG OF THE EXECUTIVE COi\ll\IITTEE OF TI-IE~ BOARD OF GO':ER.:.J)RS OF THE FGE HOUSING FOUNDATION.

:":ELD ON NOVEMBER 12. 1995

S.No. Name and Designation

7. Mr. Sarshar Ali Malik,Director General,Housing Foundation,Islamabad.

.R

.''S.

I.

2.

4.

5.

6.

8.

9.

Mr. Ali Mohammad G. 5~d;-,l.Secretary,Housing and Works Divi~j:n,Islamabad.

Mr. Abdul Rashid Balocb,Joint Secretary (Works),Islamabad.

Mr. Muhammad Riaz,Director General,Pak PWD, Islamabad.

Mr. Mohammad Asbill,Joint Secretary,Cabinet Division,Islamabad.

Mr. Abdul Rashid Ghauri.Financial Adviser (Works).Islamabad.

Dr. Mohammad RasooI Khm,Joint Engineering Adviser,Works Division, Islamabad.

Mr. Taseer Hussain Kardar.Officer on Special Duty,Mia Food and Agriculture.Co-opted Member, Category- V allottees,Islamabad.

Mr. Shahid Hameed,Director (Tech-I), Housing Foundation,Islamabad.

Chairman

Member

Member

Member

Member

Member

Co-opted Member

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[0. Mr. Bashir-ud-Din A ?\femon,Project Director, FGE Housing Foundaion,Karachi.

II. Mr. Allrangzeb Kh...:r..Project Director, F'G:. HOjsing FOllndZltion,Peshawar. Camp 0 ;;- ~<:_ L'iaillabad.

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Additional Item of Agenda

The Executive Committee in its 39th meeting decided to obtain options from the allottees

for the allotment of developed plots or the houses constructed through the Housing Foundation.

2, About 60% of the allottees have opted for the constructed houses as per details given

hereunder:

!

IIII

Ii

subject:

FEDERAL GOVERNMENT EMPLOYEES HOUSING FOUNDATIONSI-IAHEED-E-MILLAT SECRETARIAT

ISLAMAIJAD

***

!lOUSING SCHEME AT KARACHI - APPROVAL OF PLANS FOR INDIVIDUALHOUSES.

----------------------------------

Category Size Total Option forConstructedHouses

Option forDevelopedPlots

Vacant

---------------------------------

,--------------------------------

27 II

15

(-) 10{appl ications pending}

6

.9

13

7

19

11

12

6

68

II

113

25

14

48 35

28 17

32

32

211

44

622 sq.yds.(SO'x70')

412 sq.yds.(53'x70')

306 sq.yds.(50'x55')

Total

202 sq.yds.(33'x55')

167 sq.yds.(25'x60')

133 sq.yds.(24'x50')

IV

II

VI

III

v

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It is proposed to modify the master plan by converting 9 Nos Cat-I units to 10 Nos Cat-II

er actual requirement for getting approval from the Karachi Development Authority (KDA).units as P

The Consultants were directed to prepare plans for individual houses which have been, 4.~ \' d after incorporating the modifications suggested by the Director General, Federal Government'.'",fina Ise; Ell1ployeesI-lousing Foundation, Islamabad and have been vetted by the Technical Committee at Karachi

;, lsultations with the Architect, Pakistan PWD., Karachi.111 COl

. 5. The plans for individual houses are placed before the Executive Committee for approval

50 that the preparation of tender documents and cost estimates can be undertaken.