[1][1]The Punjab Historic Areas Planning, Development and Regulation Ordinance, 2007

(Pb Ord XXVI of 2007)

[14 December 2007]

An Ordinance to provide for the planning, development and

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:---

CHAPTER I

PRELIMINARY

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 Ordinance,---

(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;

(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;

(h) “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 private land;

(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 Governing Body;

(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 corporate person;

(t) “prescribed” means prescribed by the rules;

(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

(w) “traffic” includes motorized or non-motorized vehicular traffic.

CHAPTER II

CONSTITUTION AND ADMINISTRATION OF AUTHORITY

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 name.

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 service.

(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 service.

(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 Punjab; Chairman

(b) Director General; Vice-Chairman

Board of the Government;

(d) Secretary to the Government, Member

Finance Department;

(e) Secretary to the Government, Member

Local Government Department;

(f) Secretary to the Government, Member

Culture Department;

(g) Secretary to the Government, Member

Tourism Department;

(h) four persons nominated by the Member

Government including an architect

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 Authority;

(d) approve a development scheme which is beyond two hundred million rupees;

(e) approve audited accounts under this Ordinance;

(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 the Authority;

(l) approve the annual administration report;

(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 Chairman.

(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 Body.

(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.

CHAPTER III

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;

(d) regulation of land use;

(e) regulation and control of a building;

(f) protection of a monument;

(g) protection, preservation, regeneration and maintenance of a building of historical, architectural or cultural value;

(h) preservation and promotion of culture;

(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 scheme;

(s) promotion of investment for development of an Historic Area; and

(t) community mobilization and poverty alleviation:

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).

CHAPTER IV

PERSONNEL MANAGEMENT

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 functions.

(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.

CHAPTER V

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 Historic Area.

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 following:---

(a) a general improvement scheme;

(b) a re-building or housing reconstruction scheme;

(d) a street scheme;

(e) a private building restoration scheme;

(f) a monument preservation scheme;

(g) a cultural heritage preservation scheme;

(h) a cultural heritage restoration scheme;

(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 scheme.

(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 scheme.

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;

(d) resources likely to be available;

(e) 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

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 danger.

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 public street.

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 Authority.

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.

CHAPTER VI

FINANCE

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 comprise,---

(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 the Authority.

32. Power to borrow money.– The Authority may, with the sanction of the Government, borrow money for–

(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;

(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 Government.

(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 Fund.

36. Audit.– (1) The Authority shall appoint a chartered accountant as an auditor of the Authority.

(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.

CHAPTER VII

HERITAGE PROTECTION

39. Monuments.– (1) The Authority shall notify and manage a monument in an Historic Area in the prescribed manner.

(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 Authority.

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 1894).

CHAPTER VIII

OFFENCES

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 punished with–

(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 Ordinance.

(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 Ordinance.

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 enforcement measures.

(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.

CHAPTER IX

MISCELLANEOUS

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.

61. 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 Ordinance.

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 Ordinance.

63. Enforcement measures.– The Authority may issue instructions containing directions for the effective enforcement of the provisions of the Ordinance, rules or regulations.

[1][1]Promulgated by the Governor of the Punjab on 14 December 2007; and published in the Punjab Gazette (Extraordinary), dated 14 December 2007, pages 2041-51. Under Article 5 of the Provisional Constitution Order 2007 (I of 2007), read with Article 270AAA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitations as to duration prescribed in the Constitution.

Punjab Historic Areas Planning, Development and Regulation Ordinance, 2007

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