Pha act 2012

THE PARKS AND HORTICULTURE AUTHORITY ACT 2012

(XLVII of 2010)

CONTENTS

  1. Short title, extent and commencement
  2. Definitions
  3. Establishment of the Authority
  4. Power and functions of the Authority
  5. Heritage Park
  6. Board of Directors
  7. Director General
  8. Employees of the Authority
  9. Directions of the Authority
  10. Use of public parks, green belts and green areas
  11. Access to private property
  12. Installation of billboards, sky signs and outdoor advertisements
  13. Advertisements on vehicles
  14. Regulations regarding green areas
  15. Maintenance of public parks, green belts and green areas
  16. Duty on private persons to maintain green belts
  17. Continuation of contracts
  18. Fund
  19. Budgets and accounts
  20. Audit
  21. Prohibitions
  22. Attempts and abetments
  23. Offences, penalties and procedures
  24. Complaints of illegal or unauthorized use
  25. Powers of Authority and its officers with regard to offences
  26. Power to enter and survey
  27. Recovery of dues
  28. Police assistance
  29. Act to have overriding effect
  30. Power to make rules
  31. Power to frame regulations
  32. Ownership of public parks, green belts or green area
  33. Summary ejection of unauthorized occupant or user
  34. Annual report

Protection of action taken under the Act

TEXT

THE PARKS AND HORTICULTURE AUTHORITY ACT 2012

(XLVII of 2012)

[             ]

An

Act

To provide for the establishment of Parks and Horticulture Authority in the Punjab

 Preamble.- Whereas it is expedient to establish the Parks and Horticulture Authority in the Punjab for the regulation, development and maintenance of public parks, green belts and green areas in the Punjab; regulation of billboards, sky signs and outdoor advertisement; to promote open and unrestricted views of the Punjab; and to provide for the connected matters.

It is enacted as follows:-

  • Short title, extent and commencement.-
    1. This Act may be cited as the Parks and Horticulture Authority Act 2012.
    2. It extends to the district of Lahore but the Government may, by notification, extend it to any other area of the Punjab.
    3. It shall come into force at once.
  1. “Act” means the Parks and Horticulture Authority Act 2012;
  2. “Advertisement” means commercially displayed and installed signage, board, screen, streamer, poster, banner or any other thing placed, painted, pasted or installed on public or private property that is visible from a public place and is intended to inform the reader of the availability of a service, product or promote a business;
  3. “Authority” means the Parks and Horticulture Authority established under section 3 of the Act;
    1. “billboard” includes an advertisement fixed, placed or displayed on a structure other than building;
    2. “Board” means the Board of Directors of the Authority;
    3. “casual use” means any temporary and occasional use but does not include its use as parking place on a regular basis;
    4. “Code” means the code of Criminal Procedure 1898 (V of 1898);
    5. “Director General” means the Director General of the Authority;
    6. “Empowering Authority” means any authority, local government or other entity empowered to allow the use of a public park, green belt or green area in any manner or grant permission for installation of a billboard, sky sign, outdoor advertisement or advertisement prior to the commencement of the Act;
    7. “Fund” means the Parks and Horticulture Authority Fund;
    8. “Government” means Government of the Punjab;
    9. “Green areas” means any space notified by the government as green area which is required to be kept green other than a public park or green belt and includes a notified play ground;
    10. “Green belt” means an area notified by the government as green belt area other than a public park which is kept as an open space in any locality or area either in pursuance of a development plan or otherwise;
    11. “Heritage Park” means any area having historical, traditional or cultural value notified as such under section 5 of the Act;
    12. “Outdoor Advertisement” means a streamer, board, poster, banner or any other thing placed, painted, pasted or installed on public or private property that is visible from a public place and is intended to inform the reader of the availability of a service, product or outlet or otherwise promote a person or message;
    13. “Prescribed” means prescribed by the rules[1] or regulations made under the Act;
    14. “Private Land Authority” means any natural or legal person engaged in the development of land or maintenance of an area or provision of municipal services other than a public land authority;

    [1] Inserted by the Parks and Horticulture Authority (Amendment) Act 2015 (IV of 2015)

    1. “Public Land Authority” includes a statutory or executive body established by the Government for development of land or engaged in the development of land or maintenance of an area or provision of municipal services;
    2. “Public Park” includes a park or spaced reserved for use as a public park and notified by the Government as a public park;
    3. “Rules” means the rules made under the Act;
    4. “Sky Signs” means a sign installed on a building for its view from a distance; and
    5. “Vehicle” includes mechanically propelled vehicle and a human or animal driven carriage.
    • Establishment of the Authority.-
    1. The Government may, by notification, establish an Authority for the district of Lahore to be called the Parks and Horticulture Authority.
    2. The Government may, by notification, either establish a separate Authority for an area to which the Act is extended to be called the Parks and Horticulture Authority of that area or may direct the Authority mentioned in section (1) to perform the functions under the Act in respect of such other area.
    3. An Authority shall be a body corporate having perpetual succession and a common seal, with power to enter into agreement, acquire, hold, manage and dispose of property, and to used and to be sued in its name.
    • Powers and functions of the Authority.- the Authority shall:
    1. Develop and maintain public parks, green belts and green areas;
    2. Regulate the use of public parks, green belts and green areas;
    3. Regulate the installation of billboards, sky signs, outdoor advertisements on public and private property;
    4. Establish and maintain botanical gardens;
    5. Organize shows and exhibitions pertaining to horticulture, aviculture and cultural entertainment;
    6. Protect trees and other vegetation;
    7. Create awareness about horticulture and promote gardening;
    8. Acquire land for the development of any public park, green belt or green area;
    9. Procure machinery, equipment or material as may be required for the proper discharge of its functions;
    10. Grant a service contract for the maintenance of public parks, green belts and green areas to a company owned by it or to any other private or public limited company;
    11. Constitute committees for performing specific functions of the Authority; and
    12. Perform such other functions as may be ancillary, or as may be prescribed.
    • Heritage Park.-
    1. The Government may, by notification, declare an area as Heritage Park to conserve the heritage and culture and to preserve, conserve and develop the flora and fauna for the present and future generations.
    2. The Heritage Park shall be maintained and developed by the Authority in the prescribed manner.
    • Board of Directors.-
    1. The Board of Directors shall take the policy decisions of the Authority.
    2. The Board shall consist of the following:-
    3. Chief Minister or any other person

    nominated by the Chief Minister;                             Chairperson

    1. Minister for Housing and any other person

    nominated by the Minister for Housing;           Vice Chairperson

    1. Two members of the Provincial Assembly of the

    Punjab[1] [including at least one female member]         Member

    nominated by the Speaker of the Assembly

    1. The elected head of the local government of the

    area for which the authority is established;                  Member

    1. Secretary to the Government,   Member

    Housing Department or his nominee;

    1. Secretary to the Government, Member

    Finance Department or his nominee;

    1. Secretary to the Government, Member

    Lacal Government and Community Development;

    Department or his nominee;

    [2][(gg) Commissioner of the Division Concerned;        Member]

    1. District Coordination Office of the area for Member

    which the Authority is established;

    1. Director General of the Development Authority Member

    of the area for which the Authority is established;

    1. Two environmentalist [3][including at least one Member

    female environmentalist] nominated by the government

    1. One Horticulture expert nominated by the government Member
    2. One representative of the concerned

    Chamber of Commerce & Industry; and                         Member

    1. Director General Member/Secretary

    [4][(2a) the Government shall, while appointing members mentioned in clauses (k) and (l) of section (1) appoint at least one woman from any of those categories.]

    1. The Government shall nominate the members of the Board, other than ex-officio members, for a period of three years.
    2. The Chairperson may, co-opt any other person as member of the board for a meeting or for a specific period.
    3. Six members shall constitute the quorum for a meeting of the board.
    4. The board shall take decisions by the majority of its members present and voting, and in case of a tie, the person presiding the meeting shall have a casting vote.
    5. The Chairperson, or in his absence, the Vice Chairperson, shall preside over a meeting of the Board, and in case of the absence of the Chairperson and Vice Chairperson a member nominated by the Chairperson shall preside over the meeting.
    6. The Authority shall cause to be recorded the minutes of the proceedings of every meeting of the board and of every meeting of a committee established by the Board.
    7. The Secretary of the Board shall maintain a complete record of the minutes and decisions of the board in the prescribed manner.
    8. The proceedings of a meeting of the Board shall not be invalid merely on account of any vacancy or defect in the constitution of the Board.

     

    • Director General.-
    1. The Government shall appoint the Director General of the Authority.
    2. The Director General shall exercise such powers as are assigned to him by the Board or as may be prescribed.
    3. The Director General shall:
    4. The Director General shall: Be a whole time employee of the Authority;
    5. Hold office during the pleasure of the Government;
    6. Be the principal accounting officer of the Authority; and
    7. Be competent to enter into contracts on behalf of the Authority.

     

    1. The government shall determine the terms and conditions of the service of the Director General.
    2. Notwithstanding the expiration of the terms of the director General, the Government may ask him to continue to hold office for a further period of three months or till his successor enters upon his office, whichever is earlier.
    3. Nothing contained in his section shall preclude the Government from reappointing the Director General to hold that office for a period not exceeding three years at a time.
    4. The Director General may resign by tendering resignation to the government or may be removed by the Government in the prescribed manner.

     

    [1] Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014)

    [2] Inserted by the Parks and Horticulture Authority (Amendment) Act 2015 (IV of 2015)

    [3] Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014)

    [4] Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014)