The Lahore Ring Road Authority Act, 2011
(Act XVII of 2011)
[6 July 2011]
An Act to provide for the establishment of the Lahore Ring Road Authority for planning, designing, development, management, operation and maintenance of the Lahore Ring Road and other strategic roads.
Preamble.– Whereas it is expedient to establish the Lahore Ring Road Authority for planning, designing, development, management, operation and maintenance of the Lahore Ring Road and other strategic roads in a smooth, efficient and futuristic manner, and to make provisions for ancillary matters;
It is enacted as follows:—
- Short title, extent and commencement.– (1) This Act may be cited as the Lahore Ring RoadAuthority Act, 2011.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
- Definitions.– In this Act,—
(a) “Authority” means the Lahore Ring Road Authority established under the Act;
(b) “Board” means the Executive Board of the Authority;
(c) “Chairperson” means the Chairperson of the Authority;
(d) “Council” means the Lahore Ring Road Council;
(e) “Government” means Government of the Punjab;
(f) “highway” includes a common and public highway and all roads, carriageways, cart-ways, streets and lanes, together with any bridleways, footpaths and pavements adjacent thereto and are designed or intended for, or used by the general public for the passage of vehicles, and shall further include,—
(i) all culverts, bridges and works of every description built on, under or across any highway;
(ii) all adjacent berms and side drains within the boundaries of any highway;
(iii) all land included within the boundaries of any highway; and
(iv) all fences, posts and trees on any highway;
(g) “Lahore Ring Road” means a road specified in Part-I of the First Schedule;
(h) “prescribed” means prescribed by the rules;
(i) “President” means President of the Council;
(j) “regulations” means the regulations framed under the Act;
(k) “road” includes a carriage-way, cart-way, footpath, berm, side drain, culvert, bridge, tunnel, fence, post, signboard, green belt, plantation, lighting arrangement, intersection, median, interchange or any other property prescribed to be a road;
(l) “rules” means the rules made under the Act;
(m) “Schedule” means a Schedule appended to the Act;
(n) “scheduled offence” means an offence as set out in the Second Schedule; and
(o) “strategic road” means a road specified in Part-II of the First Schedule.
- Establishment of the Authority.– (1) The Government may, by notification, establish an Authority to be known as the Lahore Ring Road Authority.
(2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power to enter into contracts, acquire or dispose of property, and may, by its name, sue or be sued.
(3) The headquarters of the Authority shall be at Lahore.
- Functions and powers of Authority.– (1) The Authority may perform such functions, take such measures and exercise such powers, as it may consider necessary or expedient for carrying out the purposes of this Act.
(2) Without prejudice to the generality of sub-section (1), the Authority may,—
(a) plan, promote, organize, re-organize and implement programmes for construction, development, operation, repairs, security and maintenance of the Lahore Ring Road and the strategic roads;
(b) prepare asset management schemes regarding the property under its management;
(c) develop commercial sites along the Lahore Ring Road and the strategic roads;
(d) develop and maintain green areas along the Lahore Ring Road and the strategic roads for the improvement of environment;
(e) implement axle load control regime on the Lahore Ring Road and the strategic roads;
(f) advise the Government on matters relating to the Lahore Ring Road or a strategic road;
(g) acquire or dispose of property or any interest in the property;
(h) undertake any work specified in section 5;
(i) procure plant, machinery, instruments and materials required for its use;
(j) enter into and perform all such contracts as may be necessary for carrying out the purposes of the Act;
(k) subject to the approval of the Government, levy, collect or cause to be collected tolls on the Lahore Ring Road or a strategic road;
(l) license facilities on the Lahore Ring Road or a strategic road on such terms as it deems fit;
(m) determine a building line between which and the Lahore Ring Road or a strategic road, it shall not be lawful, without the consent of the Authority, to construct or maintain any structure or make any excavation;
(n) cause studies, surveys, experiments or technical researches to be made and contribute towards the cost of any such studies, surveys, experiments or technical researches made by any other agency;
(o) establish different wings and may delegate to them such powers as are necessary for efficient and effective performance of one or more of its functions under the Act;
(p) award contracts for projects to be undertaken through private sector financing programme or through public private partnership;
(q) develop enforcement of traffic movement mechanisms;
(r) raise funds, in the prescribed manner, through borrowing, floating of bonds, sharing or leasing of assets or any other means; and
(s) propose rules to the Government.
- Plans and schemes.– (1) The Authority shall prepare a master plan for the development, construction, operation and maintenance of the Lahore Ring Road and strategic roads for the approval of the Council.
(2) The Authority may frame a scheme for any of the following matters,—
(i) construction, expansion, operation and development of the Lahore Ring Road or a strategic road;
(ii) research and development in the field of road infrastructure;
(iii) training of the employees of the Authority;
(iv) welfare of the employees of the Authority; and
(v) any other matter relating to the purposes and functions of the Authority under this Act.
- Chairperson of the Authority.– (1) The Government shall appoint the Chairperson who shall be the chief executive of the Authority and shall exercise such powers and perform such functions as the Council may specify.
(2) The Chairperson shall receive such salary and allowances and be subject to such conditions of service as the Government may specify.
(3) The Chairperson may approve a project of emergent nature, maintenance, rehabilitation and construction affecting traffic movement and safety of structures of not more than one hundred million rupees or may recommend for approval a proposal, scheme or project exceeding one hundred million rupees to the Board.
(4) Subject to the directions of the Council or the Board, the Chairperson may re-appropriate funds from one project to another on the basis of progress of the projects.
THE COUNCIL AND THE BOARD
- Lahore Ring RoadCouncil.– (1) The Government may, by notification, establish the Lahore Ring Road Council.
(2) The Council shall consist of,—
(i) Chief Minister Punjab; President
(ii) Chairman, Planning & Development Member
Board of the Government;
(iii) Secretary to the Government, Member
(iv) Secretary to the Government Member
Communications & Works Department;
(v) A professional in the field of Highway Member
Construction & Management;
(vi) A Chartered Accountant; and Member
(vii) Chairperson of the Authority. Member/Secretary
(3) The Government shall appoint an experienced professional in the field of highway construction and management and a Chartered Accountant as members of the Council on such terms and for such period as it considers appropriate [:]
[Provided that the Government shall give preference to a female professional.]
(4) A meeting of the Council shall be held in the manner provided by the regulations, and until so provided, as may be determined by the President.
(5) The Secretary of the Council shall, on the direction of the President, call a meeting of the Council.
(6) The Council shall meet at least once in a year.
(7) The President may, on the recommendation of the Board, accord approval to a matter, which falls within the jurisdiction of the Council, in anticipation of the approval of the Council.
(8) The approval accorded under sub-section (7) shall be placed before the Council, in its next meeting, for appropriate decision.
- Powers and functions of the Council.– (1) The Council shall,—
(a) approve plans, prepared by the Board, for the construction, development, repair and maintenance of the Lahore Ring Road or a strategic road;
(b) lay down policies and guidelines to be followed by the Authority in the performance of its functions;
(c) review and reappraise the projects of the Authority;
(d) approve the annual budget of the Authority;
(e) consider progress reports of the Authority;
(f) frame regulations, including regulations for appointments and other terms and conditions of service of the employees of the Authority; and
(g) perform such other functions as may be prescribed or as may be assigned by the Government.
(2) The Council shall control, direct and regulate the affairs of the Authority.
- Executive Board.– (1) The Government may, by notification, constitute the Board to be known as the Executive Board of the Authority.
(2) The Board shall consist of,—
(a) Chairperson of the Authority; Chairperson
(b) Additional Inspector General of Police; Member
(c) Member (Infrastructure) Member
Planning & Development
Board of the Government;
(d) Additional Secretary to the Government, Member
(e) Additional Secretary to the Government,
Communications & Works Department; Member
(f) Director General, Lahore Development Authority; Member
(g) District Coordination Officer Lahore Member
(h) Chief Engineer (North), Punjab Highways,
Communications & Works Department; Member
(i) Director (Finance) of the Authority; Member
(j) Director (Planning) of the Authority; and Member
(k) An expert of highways and transport engineering. Member
(3) Subject to the directions of the Council, the Board may exercise all powers, perform all functions and do all acts and things, which may be exercised, performed or done by the Authority.
(4) The Government shall appoint an expert of highway and transport engineering as member of the Board on such terms and for such period as it considers appropriate.
(5) The Board shall meet at least once in every three months.
(6) The Chairperson or, in his absence, a member authorized by him, shall convene and chair a meeting of the Board.
(7) Five Members of the Board shall constitute quorum for a meeting of the Board.
(8) The Board may, with the approval of the Council, co-opt any other member.
- Functions of Board.– TheBoard shall,—
(a) consider and approve a proposal, scheme or project of not more than two hundred million rupees;
(b) consider and recommend to the Government for approval, a scheme or project of more than two hundred million rupees;
(c) prepare progress reports of the Authority;
(d) prepare the annual budget of the Authority;
(e) approve a project to be funded through toll and other receipts from operations of the Authority; and
(f) perform such other functions as may be prescribed or as the Council may assign to it.
- Appointments.– (1) The Authority may appoint such employees, experts or consultants on such terms and conditions as it may deem fit for the performance of its functions.
(2) The Executive Board may constitute one or more sub-committees for the selection of different categories of employees.
(3) The Executive Board may delegate the powers for the approval of the appointments to different officers for different categories of employees.
(4) Notwithstanding anything contained in any other law, the Authority may, at any time, terminate the services of an employee without assigning any reason, by serving not less than thirty days prior notice or on payment of thirty days salary in lieu of the prior notice.
- Recruitment and conditions of service.– The Council shall determinethe procedure for appointment and terms and conditions of service of employees of the Authority.
- Appointment by transfer.– (1) The Government may transfer the services of the existing employees of the Project Management Unit of the Lahore Ring Road Project to the Authority on the terms and conditions which shall not be less favourable than those admissible to them immediately before their transfer to the Authority.
(2) The employees transferred under sub-section (1) shall continue to be employees of the Government, liable to be transferred back to the Government unless, with their consent, absorbed in the service of the Authority in such manner as may be prescribed.
REPORTS AND DIRECTIONS
- Annual report.–(1) The Authority shall, within three months of the close of a financial year, submit to the Government an annual performance report.
(2) The report shall consist of,—
(a) the statement of accounts and audit reports of the Authority;
(b) a comprehensive statement of the work and activities of the Authority during the preceding financial year and its proposed projects and schemes; and
(c) such other matters as may be prescribed or as the Council may specify or as the Authority may consider appropriate.
(3) The Government shall, within two months of receiving the report from the Authority, give notice for laying the report in the Provincial Assembly of the Punjab, and shall lay the report in the first available session of the Assembly.
- Directions by the Government.–(1) The Government may issue such directions to the Authority as it may consider necessary for carrying out the purposes of the Act, and the Authority shall comply with such directions.
(2) The Government may suspend the execution of any act or order of the Authority which, in the opinion of the Government, contravenes the provisions of this Act, the rules, the regulations, the directions of the Government or is otherwise against public interest.
- 16. Authority Fund.–(1) There shall be established a non-lapsable fund to be known as the Lahore Ring Road Authority Fund to be administered and controlled by the Authority.
(2) The Fund shall consist of,—
(a) funds provided by the Government;
(b) loans or grants by the Government or the Federal Government;
(c) other loans or funds obtained by the Authority;
(d) grants and loans negotiated and raised, or otherwise obtained, by the Authority with the approval of the Government;
(e) toll, fee, charges, rentals and fines collected by the Authority;
(f) income from the lease or sale of property;
(g) funds from floating bonds, shares, debentures, certificates, or other securities issued by the Authority; and
(h) all other sums received by the Authority.
(3) The Authority shall meet all of its expenses from the Fund.
(4) It shall be the duty of the Authority to conserve the Fund while performing its functions and exercising its powers under this Act.
- Bank accounts.-The Authority may open and maintain its accounts at such scheduled banks as may be prescribed, and until so prescribed, as may be approved by the Council.
- Budget and accounts.-(1) The Authority shall maintain proper accounts and other records relating to its financial affairs including its income and expenditures and its assets and liabilities in such form and manner as may be prescribed.
(2) After the conclusion of a financial year, the Authority, in the manner prescribed, shall cause to be prepared for the financial year statements of account of the Authority which shall include a balance-sheet and an account of income and expenditures.
(3) The Council shall approve an annual budget of the Authority for a financial year in the prescribed manner.
(4) No expenditure for which provision has not been made in the approved budget shall be incurred without prior approval of the Council.
- Audit.-(1) The Auditor General of Pakistan shall annually audit the accounts of the Authority.
(2) The Government, in addition to the audit under sub-section (1), shall cause the accounts of the Authority annually audited by a Chartered Accountant or a firm of Chartered Accountants.
(3) The auditor appointed under sub-section (2) shall be provided such access to the books, accounts and other documents as may be considered necessary for the audit of accounts.
(4) The auditor shall submit the annual or any special audit report to the Authority, and the Authority, under intimation to the Government, shall take appropriate remedial or other action in the light of the audit report.
ENFORCEMENT, PENALTIES AND PROCEDURE
- Enforcement.– (1) The Authority shall devise and implement enforcement plans regarding the observance of the rules, regulations and directions issued by the Council in relation to construction, development, operation, repairs, management and maintenance of the Lahore Ring Road and strategic roads.
(2) The Authority shall appoint officers for the implementation of the enforcement plans
(3) The officers appointed under sub-section (2) shall exercise such powers, in such manner and to such extent as may be prescribed.
- Power to enter.– (1) Subject to any rules or regulations made in this behalf, an officer, generally or specially authorized by the Authority, may, whenever it is necessary for purposes of this Act and at all reasonable times, enter upon any land or premises, and,—
(a) make any inspection, survey, measurement, valuation or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such levels, boundaries and lines by placing marks and cutting trenches; and
(f) do such other acts or things as may be prescribed.
(2) A person shall not enter any boundary or any enclosed court or garden attached to a dwelling-house except with the consent of the occupant thereof and for obtaining such consent, at least twenty-four hours’ notice in writing of his intention to do so, has been given to the occupant.
- Powers of seizure.– (1) An authorized officer of the Authority may seize any vehicle, apparatus or other thing which appears to the officer to be used in contravention of this Act, the rules or the regulations.
(2) The authorized officer shall prepare a statement describing the vehicle, apparatus or other thing seized and shall deliver a copy of the statement to the person from whom it is seized or, if such person is not present, send such copy to him by mail.
(3) A person claiming back anything seized under sub-section (1), may apply to the Authority or the Court and the Authority or the Court may confirm such seizure, wholly or in part, or may order that it be restored to the claimant.
(4) If the Court confirms the seizure of the vehicle, apparatus or other thing, it shall be forfeited to the Authority.
- Scheduled offence.– (1) Notwithstanding anything contained in this Act or any other law, if a person commits an offence mentioned in the Second Schedule, an officer authorized by the Authority may, at the spot, draw a charge against him.
(2) The authorized officer shall draw the charge on five copies of the prescribed Form and shall,—
(a) deliver three copies of the Form to the accused and get the acknowledgement;
(b) forward the fourth copy of the Form to the bank branch or the office of the Authority from where the accused may make payment of the fine; and
(c) retain the fifth copy of the Form in office for record.
(3) The accused shall, if he does not want to contest the charge, pay within ten days from the date of delivery of the Form under sub-section (2), the penalty specified for the offence in the Second Schedule, as mentioned in the Form, in the branch of the bank or the office of the Authority as indicated in the Form.
(4) Where the accused pleads guilty and pays the prescribed fine within the specified time, no further proceedings in respect of the offence shall be taken against him.
(5) The bank shall retain one copy of the Form for record, send second copy to the Authority and shall hand over the third copy to the depositor.
(6) If the fine is not paid within the specified time, the authorized officer shall file a complaint against the accused before the Court under section 24.
(7) If after the trial for a scheduled offence under section 24, the accused is found guilty of the scheduled offence, he shall, in addition to any other penalty under section 24, be punishable with fine which shall not be less than double the amount of fine prescribed for the Scheduled offence.
- Punishment of residuary offences.– A person who contravenes or abets the contravention of any provision of this Act, the rules or the regulations or commits or abets to commit a scheduled offence shall, if no other penalty is provided for such contravention, commission or abetment, shall be punished to imprisonment for a term which may extend to six months or fine which may extend to one hundred thousand rupees or both.
- Damage to property and disobedience to orders.– (1) A person who willfully causes damage, or allows damage to be caused to any property which vests in or managed by the Authority, or which is intended to be acquired by the Authority, or unlawfully converts it to his own or any other person’s use, shall be punished with imprisonment for a term which may extend to two years or fine or both.
(2) A person who, without lawful excuse fails or refuses to comply with any direction or order issued by the Authority, shall be guilty of an offence punishable under section 24.
(3) A person who attempts to commit or abets the commission of an offence punishable under this Act, shall be deemed to have committed that offence.
(4) A person, who negligently does any act in the performance of his duties which causes loss to the property of the Authority, shall be liable to be punished with imprisonment for a term which may extend to two years or fine or both.
- Cognizance of offences.– A Courtshall not take cognizance of an offence under this Act except on a complaint made by or on behalf of the Authority.
- Summary trial.– (1) Notwithstanding anything contained in the Code of Criminal Procedure 1898 (V of 1898)but subject to sub-section (3), the Court shall summarily try an offence punishable under this Act and impose punishment of imprisonment for a term not exceeding six months or fine not exceeding one hundred thousand rupees.
(2) The Court shall conduct the summary trial of an offence under the Act in accordance with the provisions of Chapter XXII of the Code of Criminal Procedure 1898 (V of 1898) relating to the summary trials.
(3) If the Court is of opinion that the nature of the offence does not justify summary trial, it may conduct proceedings in accordance with the provisions of Chapter XX of the Code of Criminal Procedure 1898 (V of 1898).
(4) An offence punishable under the Act shall be tried by a Magistrate of the First Class.
- Appeals.– Any person aggrieved by any order passed by the Authority in pursuance of this Act or the rules or regulations, may appeal to such authority, in such manner and within such period as may be prescribed.
- Authority to be local authority.– The Authority shall be deemed to be a local authority for purposes of borrowing money under the Local Authorities Loans Act, 1914 (IX of 1914).
- Public servants.– The Chairperson, members of the Council and the Executive Board, employees, experts and consultants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
- Delegation of powers.– The Authority may, by general or special order, delegate to the Chairperson, a member of the Council or the Board or an employee of the Authority any of its powers, duties or functions under this Act, subject to such conditions as it may think fit to impose.
- Transfer of rights and liabilities.– (1) The Government may, for purposes of this Act, transfer any assets, rights and liabilities in relation to the Lahore Ring Road or a strategic road to the Authority.
(2) The Government may assign contracts made in relation to the Lahore Ring Road or a strategic road to the Authority and the Authority shall be deemed to be the successor of the Government for purposes of such contracts.
- Authentication of instruments of the Authority.– All orders, decisions and other instruments of the Authority shall be authenticated by the signature of the Chairperson or any other duly authorized employee of the Authority.
- Recovery of dues.– (1) If a person fails to pay the amount due to the Authority, a designated employee of the Authority shall recover the amount due from the person as an arrear of land revenue in accordance with the provisions of the Punjab Land Revenue Act, 1967 (XVII of 1967).
(2) The fine imposed or the fee charged under this Act, the rules or the regulations shall be deposited with the Authority and shall form part of the Lahore Ring Road Authority Fund.
- Land acquisition.– The acquisition of any land or any interest in land for the Authority, a road or for any project under this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall apply accordingly.
- Powers to eject unauthorized occupants.– The Authority may, in the manner prescribed, summarily eject any unauthorized occupant of any part of the Lahore Ring Road or a strategic road or a proposed site thereof and demolish and remove any structure thereon, and to use such force, including police force, as may be necessary for the purpose and to recover the cost thereof from the unauthorized occupant.
- Indemnity.–No suit, prosecution or other legal proceedings shall lie against the Authority, members, officers, consultants and other employees of the Authority, in respect of anything caused or done or intended to be caused or done in good faith under this Act.
- Power to make rules.–The Government may, by notification, make rules for carrying out the purposes of this Act.
- Regulations.–Subject to this Act and the rules, the Council may frame regulations for giving effect to the provisions of this Act.
- Power to amend the Schedule.– The Government may, by notification, amend a Schedule.
- Removal of difficulties.–If any difficulty arises in giving effect to any provision of this Act, the Government may make such order, not inconsistent with the Act, as may be necessary for the removal of the difficulty.
- Over-riding effect.–The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law.
[See Section 2(g) & (o) and Section 40]
|Lahore Ring Road
||Approximate Length (kms)
||From Gulshan-e-Ravi to Sui Northern Gas Society
||From Sui Northern Gas Society to Babu Sabu Interchange
||Approximate Length (kms)
|Operation & Maintenance of Multan Road
||From Thokhar Niaz Baig to Chauburji Chowk
|Operation & Maintenance of Lahore Ferozpur Road
||From Chungi Amarsadhu to Ganda Sing Wala
|Operation & Maintenance of KKD Road
||From Kasur to Depalpur via Khudian
[See Sections 2(n), 23, 24 and 40]
||Amount of Fine
||Unauthorized fixing of khokha (kiosk), or temporary shop or extension thereof on footpaths or on right-of-way of the Lahore Ring Road or a strategic road.
||Unauthorized plying of a handcart or donkey-cart for the sale of goods on footpaths or on right-of-way of the Lahore Ring Road or a strategic road.
||Causing or knowingly or negligently allowing the contents of any sink, sewer or cesspool or any other offensive matter to flow, or drain or to be put upon the Lahore Ring Road or a strategic road, without permission in writing of the Authority.
||(i) Five thousand in case of commercial concerns; and
(ii) One thousand for others.
||Keeping or maintaining any cattle, without permission in writing of the Authority, in any part of the Lahore Ring Road or a strategic road or failure to remove the cattle from the Lahore Ring Road or a strategic road within the specified time.
||Obstructing or tampering with the Lahore Ring Road or a strategic road, drain, electrical system or pavement of Lahore Ring Road or a strategic road.
||Obstructing or tampering with any main pipe, meter or any apparatus or appliance for the sewerage system of the Lahore Ring Road or a strategic road.
||Without the previous sanction of the Authority–
(a) laying out a drain or altering any drain in Lahore Ring Road or a strategic road; or
(b) connecting any house drain with a drain of the Lahore Ring Road or a strategic road.
||Excavation, without the permission in writing of the Authority, of earth, stone or any other material within such distance of the Lahore Ring Road or a strategic road, as may be notified by the Authority.
||Throwing or placing any refuse, litter or garbage on the Lahore Ring Road or a strategic road.
||Failure to provide for disposal of litter or garbage inside or outside a shop at the Lahore Ring Road or a strategic road.
||Failure to stop leakages of water pipes, faucets and sanitary fittings resulting in dirty water pools affecting road structure of the Lahore Ring Road or a strategic road.
||Exhibiting, without the previous approval in writing of the Authority, any advertisement in shape of flex, cloth banner and paper poster at the Lahore Ring Road or a strategic road.
This Act was passed by the Punjab Assembly on 23 June 2011; assented to by the Governor of the Punjab on 5 July 2011; and, was published in the Punjab Gazette (Extraordinary), dated 6 July 2011, pages 605-15.
Substituted for the full-stop by the Punjab Fair Representation of Women Act 2014 (IV of 2014).