Punjab Historic Areas Planning, Development and Regulation
(Pb Ord XXVI of 2007)
[14 December 2007]
An Ordinance to provide for the planning,
regulation of Historic Areas in the
Province of the Punjab.
Whereas the Historic Areas
of the Punjab have a living culture and rich historic heritage which is a
common asset, pride of the people of the Punjab and a potential economic
resource; this heritage needs protection against depletion and
degradation, in a manner in which urban renewal and preservation of cultural
heritage are integrated; and it is necessary to provide for a holistic,
comprehensive and integrated legal framework and specialized institutional
arrangements for urban renewal and economic regeneration of Historic Areas
and focused protection, conservation, preservation and management of
historical assets; and the connected matters;
And whereas the Provincial
Assembly of the Punjab
is not in session and the Governor of Punjab is satisfied that circumstances
exist which render it necessary to take immediate action;
Now, therefore, in exercise of the
powers conferred by clause (1) of Article 128 of the Constitution of the
Islamic Republic of Pakistan read with Article 5 of the Provisional
Constitution Order No.1 of 2007, 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 cited as the Punjab Historic
Areas Planning, Development and Regulation Ordinance, 2007.
(2) It shall come into
force at once.
(3) It shall extend to the
Historic Areas in the Punjab.
2. Definitions.– In this
(a) “agency” means an organization
established or controlled by the Government;
(b) “annual budget” means a
statement of income and expenditures for a financial year;
(c) “Authority” means the Punjab
Historic Areas Authority established under section 3;
(d) “bank account” includes a
saving, current, profit and loss or fixed deposit account;
(e) “building” means any structure
used or designed for habitation, business, manufacturing, entertainment or
any other purpose and includes an open space in or around it;
(f) “Chairman” means the
Chairman of the Governing Body;
(g) “cultural heritage” means tangible
and non-tangible cultural heritage;
“Director General” means the Director General of the Authority;
(i) “encroachment” means any
permanent or temporary structure on a public space or unauthorized use of
public space to the exclusion of others;
(j) “Governing Body” means the Governing Body of the Authority;
(k) “Government” means the Government
of the Punjab;
(l) “Historic Area” means
culturally and historically important place, neighborhood, aggregate of
neighborhoods or walled city, notified by the Government;
(m) “land” includes public or
(n) “land titling” includes
transfer of proprietary rights in land or building;
(o) “master plan” includes a
physical plan, environmental plan and cultural plan;
(p) “Member” means a Member of the
(q) “monument” includes a building,
structure or work, or a site comprising the remains of the building,
structure or work which is of historic, architectural, traditional,
artistic, cultural or archeological interest;
(r) “non-tangible cultural heritage”
includes performing and visual art, design, skill, craft, trade, sport,
literature, language and dialect, script, fair, festival, exhibition or
other recurring event of cultural value;
(s) “person” includes a
(t) “prescribed” means prescribed by
(u) “resettlement” means the
resettlement of a person removed from a place;
(v) “tangible cultural heritage” includes archaeological remain,
architecture, building, structure, wall, moat, garden, facade, street,
space, design, ornament, decoration, artifact, relic, coin, manuscript,
product, cuisine, attire or apparel of cultural value; and
“traffic” includes motorized or non-motorized vehicular traffic.
CONSTITUTION AND ADMINISTRATION OF
3. Establishment of the
Authority.– The Government shall, by notification in the official
gazette, establish an Authority to be called the Punjab Historic Areas
Authority for carrying out the purposes of this Ordinance.
4. Composition of Authority.–
(1) The Governing Body, Director General, Additional Directors General and
other officers of the Authority shall constitute the Authority.
(2) The Authority shall be
a body corporate with perpetual succession and a common seal, with power to
acquire, hold and dispose of property, and it may sue or be sued in its
5. Administration of the Authority.–
The administration of the Authority shall vest in the Director General
subject to the supervision of the Governing Body.
6. Exercise of powers of the
Authority.– The Director General may exercise a power of the
Authority and may, in the prescribed manner, delegate a power to an officer
of the Authority.
7. Director General.–
(1) The Director General shall be a person who is or has been civil servant
not being below the Basic Scale 21 with varied experience of the public
(2) The Government shall
appoint the Director General for a period of four years.
(3) The Government shall
determine the terms and conditions of service of the Director General.
(4) The Director General
shall not hold office beyond the age of sixty five years.
8. Additional Director
General.– (1) An Additional Director General shall be a person who is a
civil servant with varied experience of at least fifteen years of the public
(2) The Government shall
appoint an Additional Director General subject to the terms and conditions
as the Government may determine.
9. Constitution of
Governing Body.– (1) There shall be a Governing Body of the Authority.
(2) The Governing Body
shall consist of the following:
(a) Chief Minister
(c) Chairman, Planning and
Board of the Government;
(d) Secretary to the
(e) Secretary to the
Local Government Department;
(f) Secretary to the
(g) Secretary to the
(h) four persons nominated by
Government including an
and an environmentalist.
(3) A Member of the
Governing Body, other than an ex-officio Member, shall hold the office for a
period of three years which may be extended by the Government for another
term of three years.
(4) A Member who has a financial or personal interest in a proceeding
of the Governing Body shall not take part in the proceeding.
(5) The Governing Body, in
the performance of its functions, shall act to preserve and promote
protection of cultural heritage.
10. Functions of Governing Body.–
In addition to any other function specified under this Ordinance, the
Governing Body shall perform the following functions:-
(a) approve schedule of establishment
of the Authority including creation of new posts;
(b) approve the annual budget of the
(c) regularize extra budgetary
expenditures of the Authority;
(d) approve a development scheme which
is beyond two hundred million rupees;
(e) approve audited accounts under
(f) approve opening of an account of
the Authority in a bank;
(g) approve creation of a charge on a
property of the Authority;
(h) subject to the rules, determine
toll, user charge, rate or fee;
(i) approve the regulations;
(j) approve a master plan;
(k) approve conservation strategy of
(l) approve the annual administration
(m) approve a new head of account of
the Authority; and
(n) recommend to the Government that
an area may be notified as an Historic Area.
11. Conduct of business by the Governing Body.–
(1) The Governing Body shall take decisions by simple majority with not less
than five Members present and voting, including the Chairman or Vice
(2) The Vice Chairman, with
the approval of the Chairman, shall convene a meeting of the Governing Body.
(3) The Chairman and in his
absence the Vice Chairman shall preside over a meeting of the Governing
(4) The Governing Body
shall meet at least twice in a year.
(5) Non-appointment of a
Member shall not invalidate a proceeding of the Governing Body.
FUNCTIONS OF THE AUTHORITY
12. Functions of the Authority.–
Subject to the Ordinance, the authority shall perform the following
functions in an Historic Area:
(a) preparation and execution of
strategic and master plan;
(b) urban development and renewal;
(c) land titling and record keeping;
(d) regulation of land use;
(e) regulation and control of a
(f) protection of a monument;
(g) protection, preservation,
regeneration and maintenance of a building of historical, architectural or
(h) preservation and promotion of
(i) development and maintenance of a
park or garden;
(j) protection, preservation and
up-gradation of environment;
(k) regulation of use of a road or
street for the purpose of public communication;
(l) provision of civic utilities;
(m) urban relocation and resettlement;
(n) regulation of trade and
occupations for the purposes of this Ordinance;
(o) removal of an encroachment;
(p) promotion of tourism and sports;
(q) enforcement of the provisions of
the Ordinance, rules and regulations;
(r) preparation and execution of a
(s) promotion of investment for development of an Historic Area; and
(t) community mobilization and
Provided that prior approval of
the concerned local government shall be obtained by the Authority before
performing a function which has been assigned to the local government under
the Punjab Local Government Ordinance, 2001 (XIII of 2001).
13. Appointment.– (1) Subject to
the rules, the Authority may appoint an officer, official, technical advisor
or consultant as it considers necessary for the efficient performance of its
(2) If the terms and
conditions of service of the officer, official, advisor or consultant are
not prescribed, the Authority may determine the terms and conditions of
service of such person.
14. Discipline.– (1) The Director
General may take disciplinary action, grant leave or regulate conduct of a
person appointed under section 13.
(2) An officer or official
of the Authority appointed on regular basis may file a representation to the
Chairman against an order passed by the Director General, and to the
Director General in any other case.
PLANNING AND DEVELOPMENT
15. Power to formulate schemes.–
(1) The Authority may formulate and execute a scheme on its own motion or on
the direction of the Government.
(2) The Authority may
consider formulation and execution of a scheme on the representation of at
least twenty five or more persons residing or carrying on business in the
16. Schemes for public purpose.–
A scheme formulated under this Ordinance shall be deemed to be a scheme for
a public purpose.
17. Schemes.– A Scheme
mentioned in section 15 may include the following or a combination of the
(a) a general improvement scheme;
(b) a re-building or housing
(c) re-settlement scheme including
resettlement outside an Historic Area;
(d) a street scheme;
(e) a private building restoration
(f) a monument preservation scheme;
(g) a cultural heritage preservation
(h) a cultural heritage restoration
(i) a tourism development scheme;
(j) an electrification scheme;
(k) a water supply, drainage or
sewerage development scheme;
(l) a social sector development
scheme including health or education; and
(m) any other scheme incidental to a
purpose of this Ordinance.
(2) Subject to the
Ordinance, the Authority shall prepare and approve a scheme in the
prescribed manner and on approval, the Authority shall publish the scheme in
the official gazette.
(3) The Authority may amend
or modify a scheme in the same manner as prescribed for the preparation of a
(4) Any change in building
requirements or land use in the area of a scheme which substantially affects
infrastructure and traffic management shall require an amendment of the
18. Procedure for initiating schemes
and plans.– The preparation of a scheme or plan shall be preceded by the
survey and pre-feasibility study as may be required.
19. Making of schemes and Plans.–
(1) The Authority shall give regard to the following considerations in the
making of a scheme or plan:---
(a) social and economic considerations;
(b) environmental considerations;
(c) historical and cultural
(d) resources likely to be available;
any regional or strategic guidance given by the Government; and
(f) conservation policies.
(2) A plan or a scheme
shall include policies relating to–
(a) conservation of the
natural beauty and amenity of the land;
(b) improvement of the
physical environment; and
(c) traffic management.
20. Schemes to follow master plan.–
The Authority shall prepare and approve a scheme or take a development
control decision in accordance with the master plan.
21. Deferred schemes.– (1)
If the Authority is of the opinion that a scheme cannot be executed
immediately for any reason, it may make a declaration to that effect through
a notification and proceed to make a scheme to be called a deferred scheme.
(2) A deferred scheme may
provide for acquisition, within a specified time, of the whole or a part of
a property falling within the scope of the scheme.
(3) If a deferred scheme is
approved and notified by the Authority, no person shall, except with the
written permission of the Authority, construct, re-erect, add to, or alter a
building or wall in any manner inconsistent with the scheme.
(4) If the Authority fails
to acquire or to institute proceedings for the acquisition of any property
within the specified time, the owner of the property may give the Authority
notice requiring it to acquire or to institute proceedings for the
acquisition of the property or grant permission for the construction,
re-erection, alteration or addition.
(5) If the Authority fails
to acquire the property or to institute acquisition proceedings or grant the
permission, it shall pay a reasonable compensation to the owner for any loss
sustained by him in consequence of failure of the Authority to take action.
22. Removal or repair of buildings.–
(1) If a building is in a ruinous , dangerous or dilapidated state, the
Authority may, by notice in writing, require the owner or occupier of the
building to remove or repair the building and if the building is in an
imminently dangerous condition, the Authority may forthwith take steps to
avert any danger including the forcible removal without notice from the
building of all the occupiers and their property.
(2) If a structure for provision of services including pipes,
electric poles, feeders, water and sewerage pipes need to be removed,
relocated, or repaired on any account, the Authority may, by notice in
writing, require the owner of the structure to remove, repair, relocate the
structure and if the structure is in an imminent need of removal, repair or
relocation, the Authority may take any step to avert any danger.
(3) The Authority shall
ensure that provision of services to the residents of an area is not
disturbed beyond a reasonable period when it takes steps to avert any
23. Removal of unauthorized building.–
(1) The Authority may, by notice served in the prescribed manner, direct the
owner of an unauthorized building or a partially unauthorized building to
remove the unauthorized portion within the period mentioned in the notice or
within the further period as may be granted by the Authority.
(2) If an owner fails to
remove a building within the specified time, the Authority may remove the
unauthorized building and recover the cost of removal from the owner.
(3) If a building has been
constructed before the enforcement of building regulations under this
Ordinance and the building or a part of it needs to be removed in order to
bring it in conformity with the regulations, the Authority may remove the
same after payment of adequate compensation to the owner.
24. Authority may declare a street as
public street.– If a private street provides access to two or more
houses, the Authority may, upon receiving the consent of the owner of the
street or the majority of the owners of the street, declare the same to be a
25. Authority to determine street
line and building line.– (1) The Authority shall, by regulations,
determine a street line and building line including a building projection
line on each side of the street.
(2) A person shall not
construct or reconstruct a building beyond the building line.
(3) The Authority may remove or direct the removal of a building
constructed beyond a building line or projecting beyond a projection line.
(4) If the frontage of any
building which abuts a public street is behind a building line or the
building projection line, the Authority may direct the owner of the building
to construct the left out portion of the building.
26. Power to prescribe levels.–
The Authority may, by regulations, determine level of streets and open or
built lands adjoining streets.
27. Building plan.– (1) A person
who wants to construct or reconstruct a building, shall submit a building
plan for the same in accordance with the regulations.
(2) An application for
approval of a building plan shall be accompanied by the certificates and
documents as may be determined under the regulations.
(3) No person shall
construct or reconstruct a building or portion of a building or commence
construction in any manner without the approval of a building plan.
(4) The Authority shall
pass appropriate order on a building plan application within forty five days
of its submission.
28. Permission to occupy buildings.–
A person shall not occupy a building for which a building plan is required
to be submitted, unless he has obtained a completion certificate from the
29. Power to prescribe architectural
features.– The Authority may prescribe in the regulations that in any
street or portion of a street the elevation, facade and frontage of a
building shall in respect of the architectural features be such as the
Authority may consider suitable for the locality.
30. Land use.– The Authority may,
by regulations, prescribe the use to which public or private land may be put
and may prescribe the terms and conditions on which a particular trade or
occupation may be carried on in the said land.
31. Fund of the Authority.–
(1) The Government shall establish a fund of the Authority to be
known as the Fund which shall vest in the Authority.
(2) The Authority shall
maintain the Fund in such manner as may be prescribed.
(3) The Authority shall maintain in a separate sub-head, the fees,
rates, charges and rents received from a Historic Area and shall not use the
same for performance of functions with respect to another Historic Area.
(4) The Fund shall
(a) grants received from the
Government through budgetary allocations;
(b) grants received from the Government for a project or scheme;
(c) money received from the
Federal Government or any international organization by way of grant, loan,
advance or others;
(d) money received from the
disposal of moveable and immovable property of the Authority;
(e) fee, rate, charge, rent or
fine received by the Authority; and
(f) any other amount received by
32. Power to borrow money.–
The Authority may, with the sanction of the Government, borrow money
(a) execution of a work authorized
under this Ordinance;
(b) payment of compensation for a land
or property acquired for the purposes of this Ordinance;
(c) payment of loan raised under this
(d) any other purpose within the scope
of this Ordinance.
33. Bank account.– The
Authority may open a bank account in a scheduled bank with the prior
approval of the Governing Body.
34. Investment of funds.–
The Authority may, in the prescribed manner, invest an amount
from the Fund.
35. Sinking fund.– (1) The
Authority may establish a sinking fund for the repayment of a loan and shall
accumulate such sums in the sinking fund as may be sufficient for the
payment of the loan.
(2) The Authority shall
establish a sinking fund for the repayment of a loan if so directed by the
(3) The Authority shall
apply the sinking fund towards the discharge of the loan in respect of which
the fund is established and shall not apply it for any other purpose.
(4) If any sum is available
after discharge of the loan, the Authority shall deposit the same in the
36. Audit.– (1) The
Authority shall appoint a chartered accountant as an auditor of the
(2) A statement of account
audited by the auditor under sub-section (1) shall be furnished to the
Governing Body as soon as possible after the end of a financial year.
37. Recovery of dues.– (1)
If a person owe any amount or dues to the Authority, the
Authority may recover the amount or dues from the person or his property as
arrears of land revenue.
(2) The Authority may, for
the purpose of sub-section (1), designate its officer as collector who may
exercise all or any of the powers of a collector under the Punjab Land
Revenue Act, 1967 (XVII of 1967) for the recovery of dues of the Authority.
38. Grant or loan for building
improvement or restoration.– The Authority may provide grant or
loan for restoration or improvement of a private building or open space on
the terms and conditions as may be prescribed.
39. Monuments.– (1) The
Authority shall notify and manage a monument in an Historic Area in the
(2) No person shall damage,
deface or destroy a monument.
(3) The Authority may, with
the approval of the Government, negotiate with the Federal Government, for
the transfer of management of a monument, belonging to the Federal
Government, in a Historic Area to the Authority.
40. Protected buildings or
works.– (1) The Authority may, with the approval of the Governing Body
and by notification in the official gazette, declare a building or work of
historic, architectural, traditional, artistic or cultural value as
protected building or work.
(2) The Authority shall
prescribe the procedure for identifying and declaring a building or work as
protected building or work.
(3) The owner or occupant
of a protected building or work, shall not alter, repair, reconstruct or
demolish the building or work except with the prior approval of the
41. Conservation of protected
buildings or works.– (1) If a protected building or work is not being
preserved or conserved properly by its owner or occupant, the Authority may,
by an order in writing, direct the owner or occupant to take such measures
for its proper preservation and conservation, and within such time and on
such terms and conditions as may be specified in the order.
(2) If the owner or the occupant fails to take the measures specified
in the order under sub-section (1), the Authority may take such measures in
respect of the cultural heritage including management as it may deem
necessary and recover the expenses incurred for the purpose from the owner
or occupant as arrears of land revenue.
(3) If the owner or
occupant is unable to defray the expenses of the preservation or
conservation, the Authority shall make an inquiry into his financial
condition and may waive the recovery of dues from him partly or fully with
the permission of the Governing Body.
42. Acquisition of protected
building or work.– If the owner or occupant of a protected building or
work is unable to protect or preserve the same, or the asset is such as it
amounts to a common asset, the Authority may acquire the building or work in
accordance with the provisions of the Land Acquisition Act, 1894 (I of
43. Penalty for erecting building.–
If a person without the permission of the Authority erects, re-erects, adds
or alters a building, he shall be punished–
(a) with fine which may extend to two
hundred and fifty thousand rupees or with imprisonment which may extend to
one year or with both; and
(b) with a further fine which may
extend to twenty five thousand rupees a day for each day during which the
violation continued despite an order of the Authority.
44. Penalty for obstructing officers
or officials.– A person who obstructs any person who is acting on behalf
of the Authority for removal of an unauthorized building or encroachment
shall be punished with fine which may extend to fifty thousand rupees or
with imprisonment which may extend to thirty days or with both.
45. Penalty for violation of building
regulations.– A person who contravenes a building regulation
shall, if no other penalty has been provided for such contravention, be
(a) fine which may extend to one
hundred thousand rupees or with imprisonment which may extend to one year or
with both; and
(b) a further fine which may extend to
ten thousand rupees a day for each day during which the contravention
continued despite an order of the Authority.
46. Residuary penalty.– A
person who contravenes any provision of the Ordinance, rules or regulations,
shall, if no other penalty is provided for such contravention, be punished
with imprisonment for a term which may extend to one month or with fine
which may extend to one hundred thousand rupees or with both.
47. Offences to be cognizable
on complaint of
Authority.– (1) A Court
shall not take cognizance of an offence under this Ordinance unless the
Authority makes a complaint in writing.
(2) The Authority may
furnish information regarding the commission of an offence under this
Ordinance to the officer in charge of a police station.
48. Special Court.– The
Government may, in consultation with the Lahore High Court, designate a
special judicial magistrate for a Historic Area to take cognizance and try
an offence under this Ordinance.
49. Power to arrest and seize.–
(1) The Authority may authorize an officer to exercise powers of a police
officer to arrest a person who has committed an offence under this
(2) The authorized officer
of the Authority shall not arrest a person unless the person hinders an
officer of the Authority in the performance of his functions under this
50. Power of Authority to stop
violations.– (1) If the Authority finds that a person is acting in
violation of the Ordinance, rules or regulations, it may, in the prescribed
manner, stop the person from committing such violation.
(2) The Authority may take the action under sub section (1) including
prohibiting the person from undertaking construction, reconstruction,
alteration, demolition or carrying on a particular trade or occupation.
51. Summary ejectment.–
The Authority may, in the prescribed manner, eject a person from a land or
building, if the person is in un-authorized occupation of the land or
building of the Authority.
52. Community participation.–
(1) The Authority may make regulations for community participation in
(2) The Government may, in
the prescribed manner, confer the power of enforcement of a provision of the
Ordinance or rules upon a resident of a Historic Area.
53. Land titling.– (1)
Subject to the Punjab Land Revenue Act, 1967 (XVII of 1967), a revenue
officer of a Historic Area shall maintain land record of the Historic Area
in accordance with the orders of the Authority.
(2) The revenue officer
mentioned in sub section (1) shall, in addition to the general control of
the Punjab Board of Revenue, be subject to the control of the Authority.
54. Power to acquire land.–
The Authority may acquire land for purposes of this Ordinance in
accordance with the Land Acquisition Act, 1894 (I of 1894).
55. Entry and survey.– A
person authorized by the Authority may, in the prescribed manner and after
notice, enter and survey a land or building in an Historic Area to inspect
the land or building for the purposes of this Ordinance.
56. Police assistance.–
The Police shall render such assistance as the Authority may require in
the discharge of its functions under this Ordinance.
57. Performance of functions of the
Authority by an agency.– An agency performing the function of the
Authority in an Historic Area, shall continue to perform the function till
such time and to such extent as the Authority may by notification specify.
58. Power of Government to make rules.–
The Government may make rules to carry out the purposes of this Ordinance.
59. Power to frame regulations.–
(1) Subject to the Ordinance and rules, the Director General may, with the
approval of the Governing Body, frame regulations to give effect to the
provisions of this Ordinance.
(2) The Authority shall
publish the regulations in the official gazette and the regulations shall
come into force on date of publication in the official gazette.
60. Ordinance to override other laws.–
The provisions of this Ordinance shall have effect notwithstanding anything
contained in any other law for the time being in force.
Removal of difficulties.– The Government may, by order not
being inconsistent with the Ordinance, provide for the removal of any
difficulty which may arise in giving effect to the provisions of this
62. Immunity of the Authority and its officials.–
No suit, prosecution or any other legal proceedings shall lie against
the Authority, the Director General, an Additional Director General or any
other employee of the Authority for any act done in good faith under this
63. Enforcement measures.– The
Authority may issue instructions containing directions for the effective
enforcement of the provisions of the Ordinance, rules or regulations.