Tajdeed-e-Lahore Board Ordinance, 2002
LXII of 2002
3rd October, 2002
An Ordinance to maintain and preserve the Buildings,
Heritage and Monuments and to keep them in original and presentable condition.
Whereas it is expedient to make provisions for the establishment of the Tajdeed-e-Lahore Board for the preservation, maintenance and restoration of the Buildings, Heritage and Monuments and their proper usage and for matters ancillary and connected thereto;
And whereas the Provincial Assembly of the Punjab is dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;
And whereas under Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the Chief Executive Order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;
Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-
1. Short title, extent and commencement.− (1) This Ordinance may be called the Tajdeed-e-Lahore Board Ordinance, 2002.
(2) It shall extend to the whole of the district of Lahore. For the purposes of this sub-section the word district shall have the same meaning as assigned to it under the Punjab Local Government Ordinance, 2001 (XIII of 2001).
(3) It shall come into force at once.
2. Power to exclude any area.− Government may, by notification in the official Gazette, exempt any area or areas from any or all of the provisions of this Ordinance.
3. Definitions.− In this Ordinance, unless there is anything repugnant in the subject or context –
(a) “Board” means the Tajdeed-e-Lahore Board;
(b) “Building” means and includes all public or private buildings, superstructures, houses, shops, markets, enclosures, sheds, plinths, ramps, platforms, projections and all immovables which can be subject of property in whatever order they may have been acquired, either by inheritance or purchase or otherwise and includes−
(i) the site of a building and its facade;
(ii) such portion of land adjoining the site of a building as may be required for fencing or covering in or otherwise preserving such building; and
(iii) the means of access to and convenient inspection of a building;
(c) “Controlled Area” means any area, street, road side, park, Building, Heritage or Monument declared to be controlled area by the Government through notification in the official Gazette for the purposes of maintenance, preservation and restoration of such area, street, road side, park, Building, Heritage or Monument.
(d) “Government” means the Government of the Punjab;
(e) “Governor” means the Governor of the Punjab;
(f) “Heritage” means and includes all buildings, monuments, orchards, parks, woods, ponds or any remains thereof or any area or place which is of any historical, archaeological, cultural or artistic interest as determined by the Board;
(g) “Magistrate” means a Judicial Magistrate and includes a Special Judicial Magistrate appointed under section 12 and 14 of the Code of Criminal Procedure, 1898 (V of 1898);
(h) “maintain” and “maintenance” includes the upkeep, preservation, fencing, covering in, repairing, restoring, cleansing and keeping clean the Buildings, Heritage and Monuments including the premises and precincts of the Buildings, Heritage and Monuments and the removal of any signboard, billboard, commercial sign or other kinds of advertisements, change or removal of tinted glass windows or doors, change of façades, colour of paints or any act which may be necessary for the purpose of maintaining the Buildings, Heritage and the Monuments or of securing convenient access thereto;
(i) “Monument” means any building, heritage, structure, erection or monument, or any place of interment, or any rock-sculpture, inscription or monolith which is of historical, archaeological or artistic interest as determined by the Board, or any remains thereof, and includes–
(i) the site of a monument;
(ii) such portion of land adjoining the site of a monument as may be required for fencing or covering in or otherwise preserving such monument; and
(iii) the means of access to and convenient inspection of a monument;
(j) “owner” means the person or entity, body corporate or company or any governmental, semi-governmental or non-governmental authority, corporation or association of persons in whom the ownership of the Building, Heritage or Monument vests and includes an occupier or a person receiving the rent of the Building whether on his own account or as agent or trustee for any person or society, or a joint owner invested with the powers of management on behalf of himself and other joint owners, or any manager or trustee exercising the powers of management over the Building, Heritage or Monument, and the successors-in-interest of any such owner and the successor-in-office of any such manager or trustee;
(k) “perspective” means the outlook and view of the Building, Heritage or Monument;
(l) “prescribed” means prescribed by rules made under this Ordinance; and
(m) “Secretary” means the Secretary of the Board.
4. Ordinance to override other laws.− The provisions of this Ordinance shall take effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
5. Establishment of the Board.− (1) As soon as may be, after the commencement of this Ordinance, Government shall establish a Board to be called the Tajdeed-e-Lahore Board.
(2) The Board shall be a body corporate and shall have the power to acquire and hold property, both moveable and immoveable, subject to the provisions of this Ordinance and shall have perpetual succession and a common seal and shall by the said name sue and be sued.
6. Constitution of the Board.− (1) The Board shall consist of–
(a) a President;
(b) a Senior Vice President;
(c) a Vice President;
(d) a Secretary; and
(e) ex-officio and nominated members specified in sub sections (6) and (7).
(2) The Governor shall be the President of the Board and shall act as such in his individual capacity.
(3) The Secretary for Housing, Urban Development and Public Health Engineering Department shall be the Senior Vice President of the Board.
(4) The Zila Nazim Lahore shall be the Vice President of the Board.
(5) The Director General Parks and Horticulture Authority or any officer of the rank of Secretary to Government or Director General, as appointed by the President of the Board, shall be the ex-officio Secretary of the Board.
(6) The District Coordination Officer Lahore, District Police Officer Lahore, Director General Lahore Development Authority and Director Archeology, Punjab shall be the ex-officio members of the Board.
(7) The President shall by notification nominate five members who are residents of Lahore, and may obtain recommendations from Government for this purpose.
7. Removal of members of the Board.− Any member of the Board nominated under sub section (7) of section 6 may be removed from office by the majority of members present with the approval of the Governor, if such member−
(a) is, declared to be insolvent by the competent court; or
(b) is, by reason of mental or bodily infirmity, incapable of acting as a member of the Board; or
(c) is, or has been, convicted of an offence punishable by imprisonment; or
(d) has not been performing his duties to the satisfaction of the Board.
8. Resignation of members of the Board.− Any member of the Board nominated under sub section (7) of section 6 may, by tendering resignation in writing to the President, resign his office.
9. Replacement of the members of the Board.− Whenever any member of the Board resigns or is removed from his office or dies, a new member in his place shall be appointed in accordance with the provisions of this Ordinance.
10. Alternate members.− In the event of illness of a member or his absence from Pakistan, such member may nominate an alternate member to act on his behalf, subject to approval of the Board. The person so nominated shall be called an alternate member and shall be entitled to receive notices of the meetings of the Board and to attend the same and shall also be entitled to call the rights of a member.
11. Remuneration of Vice President and other members of the Board.− The Vice President and the other members of the Board shall not receive any salary, remuneration or allowances.
12. Functions of the Board.− The functions of the Board shall be to–
(i) take necessary steps for the maintenance, preservation and restoration of the Buildings, Heritage and Monuments and their proper usage and to ensure that all the owners and occupiers thereof properly maintain, preserve and restore the Buildings, Heritage and Monuments;
(ii) make such schemes as may be necessary for the preservation and promotion of the culture and Heritage of any area;
(iii) take all necessary steps for the revival of the cultural Heritage of any area, as well as its culture, traditions, including art and architecture, food and festivals, bazars and havelies, etc.;
(iv) organize and conduct the seminars, conferences, workshops, cultural fairs, festivals, carnivals and such other functions and related activities which the Board deems necessary for the cultural and historical promotion and renaissance of ethnic values of any area;
(v) contact and establish linkage with the national and International organizations within the country for the promotion and preservation of the historical culture of any area;
(vi) raise, establish and maintain funds, properties and assets and to make such investments as the Board may deem fit;
(vii) make efforts for getting donations, grants, sponsorships, funds and financial assistance for the schemes, for the purpose of carrying out objectives of the Board under this Ordinance;
(viii) declare any place or area of historical background, any Building, Heritage or Monument as Controlled Area for the purpose of development of schemes;
(ix) issue and publish magazines, journals, reviews, pamphlets and such other publications as the Board deems fit; and
(x) do such things and undertake such activities which the Board may consider beneficial, necessary or expedient for the purposes of this Ordinance.
13. Power of the Board to give notice.− In case the Board is of the opinion that any Building, Heritage or Monument requires maintenance, refurbishment, renovation, repair or alteration, change in the façade, limewash including the removal or adjustment of signboards, billboards, commercial signs or any other kind of advertisement, change of colour of paints, removal or change of tinted glass windows or doors, or any other structural change as the Board may in its sole discretion deem fit, the Board shall give notice in writing to the owner or occupier of such Building, Heritage or Monument to do the needful as may be specified in the said notice. The owner or occupier shall comply with the said notice of the Board within the period mentioned therein.
Explanation.− For the purposes of this section, the receipt of notice by the occupier shall be deemed as a receipt of notice by the owner and shall be considered as a sufficient service of notice.
14. Entry and inspection.− (1) The Vice President or Secretary or any member of the Executive Committee may authorize any person to examine the exterior of a Building, Heritage or Monument and enter and inspect the Building, Heritage or Monument, if so required for the purposes of this Ordinance.
(2) For the purpose of determining whether, and if so in what manner, an offence under this Ordinance has been, or is being committed in any place, an authorized person may enter the Building, Heritage or Monument and inspect the nature of offence.
(3) The authorized person shall, before entering any Building, Heritage or Monument record in writing the reasonable grounds leading him to believe that an offence under this Ordinance has been, or is being committed.
(4) The authorized person shall inform the purpose of entry and inspection and show his authorization to the owner or person in charge of the place in which entry is sought, who shall allow unimpeded access to such place and provide all reasonable facilities for his inspection.
(5) Where the Building, Heritage or Monument to be inspected is closed and whereabouts of the person or body having the right to grant permission are not known the authorized person may, after publication of notice in the prescribed manner requiring such person or body to open the Building, Heritage or Monument within such time as may be stated in the notice and after obtaining prior permission in writing from the Magistrate, open and enter the place or area and inspect the same.
(6) If the authorized person determines that an offence has been or is being committed he shall make a complaint in writing and transmit the same to the person authorizing him, who shall send it to the Magistrate.
(7) Any refusal by the owner or occupier to grant permission to enter or inspect the Building, Heritage or Monument without reasonable cause shall be an offence punishable under this Ordinance. For the purposes of this section the Magistrate shall, in his sole discretion, determine the reasonability of a cause.
15. Cognizance of offences.− (1) Subject to the provisions of this Ordinance, the Magistrate shall try offences punishable under this Ordinance according to the procedure laid down in the Code of Criminal Procedure, 1898 (V of 1898):
Provided that a Magistrate shall not take cognizance of any offence except upon a complaint in writing made by the Board or a person authorized by the Board for this purpose.
(2) All proceedings before the Magistrate shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (VLV of 1860), and the Magistrate shall be deemed to be a Court for the purposes of the Code of Criminal Procedure, 1898.
(3) Any order passed by the Magistrate in exercise of his powers under this Ordinance shall be final.
16. Penalties and procedures.− Whosoever contravenes the provisions of this Ordinance or the rules framed thereunder and is guilty of an offence under this Ordinance including the failure to comply with the notice given by the Board under section 13 shall be liable to simple imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees or with both:
Provided that all offences under this Ordinance shall be bailable, non-cognizable and compoundable.
17. Prohibition of destruction etc. of Buildings, Heritage and Monuments.− No alteration in or renovation, demolition or re-erection of such portion of Buildings, Heritage or Monuments in Controlled Area, as is visible from outside, or any part of such portion, shall be effected without the prior permission in writing of the Board.
18. Restriction on sanctioning of plan.− No authority or local body shall approve any plan in relation to a Building, Heritage or Monument without the prior permission of the Board and any such plan sanctioned before the coming into force of this Ordinance shall be of no effect unless approved by the Board.
19. Direction for restoration of original position.− If such work, as is mentioned in section 17, has been carried out in relation to a Building, Heritage or Monument before the coming into force of this Ordinance or in contravention of section 17, the Board may by order direct the owner thereof to restore it to its original position within such time as may be specified in the order.
20. Prohibition of billpostings, neon signs, other kind of advertisements, etc.− No person shall put any neon signs or other kinds of advertisements, including hoarding, billpostings, commercial signs, poles or pylons, electricity or telephone cables and television aerials, on or near any Building, Heritage or Monument without the prior permission in writing of the Board.
21. Power of the Board relating to the Controlled Area.− (1) Where the Board considers that any area, Building, Heritage or Monument is not being maintained, preserved or conserved properly by its owner or occupier, the Board may, by giving notice in writing, direct the owner or the occupier, as the case may be, to take such measures for its proper maintenance, preservation and conservation and within such time and on such terms and conditions as may be specified in the notice.
(2) If the owner fails to take the measures specified in the notice referred to in subsection (1), the Board may take all such measures as it may deem fit in respect of such area, Building, Heritage or Monument.
(3) The Board shall have power to take temporary possession of the Controlled Area for its preservation, maintenance or restoration and return the same to the owner of such Controlled Area upon such terms and conditions as may be specified by the Board. The expenses incurred for the purpose shall be recoverable from the owner as arrears of land revenue unless the Board directs otherwise.
22. Meetings of the Board. – (1) For the consideration of, and action upon, the review of the activities of the Board in general, the members of the Board shall hold periodic meetings, at a place as may be notified by the Vice President or Secretary.
(2) The Secretary or any person authorized by him shall issue seven clear days notice of a meeting alongwith agenda, if any.
(3) Meetings of the Board may be held once in each month or as or when may be necessary or requested by any of the members of the Board.
(4) The minutes of the proceedings of the meetings of the Board shall be recorded in a register maintained for this purpose and duly authenticated by the Vice President or Secretary.
(5) Except otherwise provided, all decisions of the Board shall be taken by a simple majority of the members present and capable of forming a quorum. One half of the total number of members shall constitute the quorum
(6) The annual general meeting shall be held every year in the month of January at such place and time as the Vice President or Secretary may consider convenient. The annual report and the annual accounts shall be submitted before the members in the annual general meeting and a notice of seven clear days shall be given alongwith the draft of annual report and accounts.
23. Executive Committee.− (1) There shall be an Executive Committee of the Board, which shall exercise the executive powers of the Board for implementation of the policies of the Board.
(2) The Executive Committee shall consist of a Chairman and four members.
(3) The Vice President of the Board shall be the Chairman of the Executive Committee.
(4) The following members of the Board shall be members of the Executive Committee–
(a) three of the members nominated on the Board under sub section (7) of section 6; and
(b) the Secretary of the Board, who shall also act as Secretary of the Executive Committee.
(5) The Executive Committee shall meet at least once in every two months.
24. Functions and powers of the Secretary.− (1) The Secretary shall be in-charge of the finances and accounts of the Board.
(2) The Secretary shall maintain proper books of accounts of the Board and shall keep or cause to be kept proper books of accounts, and shall submit such periodical statements of accounts to the Board as he may be directed to submit;
(3) The bank accounts shall be maintained in the name of the Secretary in one or more scheduled banks. Such accounts shall be opened on the instructions of the Vice President, and shall be operated by the Vice President through the Secretary.
(4) The books of the Board shall be closed each year on the 30th day of June.
(5) Where a scheme has been sanctioned by the Board, the execution of Civil and other works shall be carried out by and under the supervision of Secretary.
(6) The Secretary shall have the power and authority to delegate all or any of his powers or functions to any other member of the Board on such terms and conditions, as he may deem fit.
25. Delegation of powers.− Save as provided in sections 3(f), 3(i) and 13, the Board may delegate all or any of its powers to any person, officer or authority as it may deem fit.
26. Custody and operation of funds.− (1) The funds of the Board shall be kept in any scheduled bank which is approved by the Board for this purpose.
(2) The funds shall be operated by the Secretary under the directions of the Board.
27. Audit of accounts.− The accounts of the Board shall be audited in such manner as may be directed by Government.
28. Annual report.− The Board shall, as soon as possible, after the close of every financial year, submit an annual report to the Government on the conduct of its affairs for that year.
29. Bar of Jurisdiction.− No civil court shall have jurisdiction to entertain, hear or adjudicate upon any suit, appeal or other proceeding, grant any injunction, issue any process or make any order in relation to anything done or intended to be done by the Board or any person, officer or authority authorized under this Ordinance.
30. Indemnity.− No suit for compensation and no criminal proceedings shall lie against any person in respect of any act done or intended to be done in good faith, in exercise of any power conferred by this Ordinance.
31. Power to make rules.− The Board may, with the approval of Government, make rules in order to carry out the purposes of this Ordinance.