Updated: Thursday July 04, 2013/AlKhamis
Sha'ban 26, 1434/Bruhaspathivara
Asadha 13, 1935, at 06:30:50 AM
The
(Act XV of
2013)
C O N T E N
T S
SECTION HEADING
1. Short
title, extent and commencement.
2. Definitions.
3. The
4. Alteration
of the specified area.
5. Advisory
Committee.
6. Functions
of the Advisory Committee.
7. Action by
the Authority.
8. Powers of
the Government.
9. Penalty.
10. Power to
make rules.
11. Act to
prevail over other laws.
[1][1]The
(Act XV of
2013)
[14 January 2013]
An Act to provide for the protection and
conservation
of the
Preamble.– Whereas the
Lahore canal and the green belts on both sides of the canal is a public trust
and is part of the heritage of the city of Lahore; therefore, it is expedient
to make provisions for the maintenance of a salubrious environment and
conservation of the Lahore Canal as a heritage park; to preserve the flora and
fauna of this heritage park; and to provide for ancillary matters;
It
is enacted as follows:---
1. Short title, extent and commencement.– (1) This Act may be cited as the Lahore Canal Heritage Park Act, 2013.
(2) It
shall extend to the
(3) It
shall come into force at once.
2. Definitions.– In this Act–
(a) “Act”
means the Lahore Canal Heritage Park Act 2013;
(b) “Advisory Committee” means the Advisory
Committee constituted under section 5;
(c) “Authority”
means the Parks and Horticulture Authority Lahore established under any law for
the time being in force;
(d) “canal tree” means a tree in the
(e) “Government”
means Government of the
(f) “
(g) “
(h) “prescribed” means
prescribed by rules made under the Act; and
(i) “specified area”
means an area declared as specified area under section 3.
3. The Heritage Park.– (1) The
Government shall, by notification in the official Gazette, declare an area as
the specified area.
(2) The Heritage Park, subject to such
conditions and restrictions as the Government may, on the recommendations of
the Advisory Committee, notify in the official Gazette, shall be open to the
public for recreational, educational and research purposes.
(3) The Authority shall arrange proper
maintenance of the
(4) The expense on the maintenance and
development of the green belts of the
(5) Subject to subsection (8) and except
with prior permission in writing from the Authority, the following acts shall
be wholly prohibited in the
(a) construction or any other infrastructure development work,
clearing or breaking up any land for cultivation, mining or for any other
purpose;
(b) felling, tapping, burning or in any way damaging or
destroying, taking, collecting or removing any plant or canal tree;
(c) polluting water flowing in and through the
(d) hunting, shooting, trapping, killing or capturing of any
animal or bird;
(e) using firearm or
doing any other act which may disturb any animal or bird or acting in a manner
which is likely to interfere with the breeding places; and
(f) such other
prohibitions as the Government may notify in the official Gazette.
(6) The
Authority shall not levy any fee or charge for access to the
(7) Subject
to subsection (6), the Authority may prescribe reasonable charges for provision
of entertainment and recreational facilities or other services at the
(8) The
permission mentioned in subsection (5) shall be subject to such conditions and
in such manner as may be prescribed and while granting such permission, the
Authority shall, among other things, take into consideration the following:-
(a) amenity value of the canal tree;
(b) character of the area;
(c) necessity of the action;
(d) possibility of an affordable alternative;
(e) mitigation measures to reduce the impact of reducing canal
tree cover;
(f) expediency of the
proposal or work requiring the felling, lopping, trimming or otherwise cutting
of the canal tree; and
(g) environmental impact
assessment of the proposed activity.
4. Alteration
of the specified area.– The Government may, on the recommendations
of the Advisory Committee and the Authority, alter the limits of the specified
area by notification in the official Gazette.
5. Advisory Committee.– (1) The Government shall constitute the Heritage Park
Advisory Committee consisting of the following members:-
(a) Director
General of the Authority;
(b) a nominee each of the Irrigation, Environment, Local
Government and Community Development Departments of the Government;
(c) four persons from the civil society or educational
institutions, preferably women having qualification, knowledge and skill
relating to environment, heritage, planning and development;
(d) a nominee each of the City District Government Lahore,
WWF-Pakistan, Lahore Development Authority and the Traffic Engineering and
Planning Agency; and
(e) Project
Director nominated by the Authority.
(2) The Advisory Committee may co-opt any
other member.
(3) A member, including a co-opted member of
the Advisory Committee, shall not be entitled to any remuneration or fee or any
other charges or facilities for the services rendered under the Act.
(4) The Director General of the Authority
shall be the Chairperson of the Advisory Committee and the Project Director
shall be its Secretary.
(5) The Government shall nominate the Vice
Chairperson of the Advisory Committee from amongst the non-official members.
(6) A
non-official member, unless he sooner resigns or is removed, shall hold office
for a term of two years but shall be eligible for re-nomination.
(7) The Advisory Committee shall hold
meetings in the manner prescribed.
(8) The
Government may, at any time, but after consultation with the Advisory Committee
and the Authority, remove any member, including the Vice Chairperson, on
charges of misconduct, disinterest, exploitation or misuse of powers, or any
other act which is detrimental to the objectives of the Act.
6. Functions of the Advisory Committee.– (1) The Advisory Committee shall advise the Authority for proper upkeep
and maintenance of the
(a) preparation of the canal trees master and management plan;
(b) preparation of canal trees inventory system;
(c) formulation of policies regarding preservation, protection
and conservation of the
(d) provision and
promotion of entertainment and recreational facilities and facilitation of the
people visiting the
(e) proper supervision and monitoring of the implementation of
the policies approved by the Government.
(f) awareness campaigns
regarding preservation and conservation of the
(g) co-operation with
public authorities, educational bodies and other organizations and persons to
achieve the objectives of the Act; and
(h) raising funds for the maintenance of the
(2) The Advisory Committee may also advise the Authority on any other
matter ancillary to the discharge of its functions under the Act.
(3) In the performance of its functions under this Act, the Authority
shall take into consideration any advice of the Advisory Committee.
(4) The
Authority, on the advice of the Advisory Committee, may refer any
recommendation of the Advisory Committee to a department or agency of the
Government for consideration.
7. Action by
the Authority.– (1) The Authority shall take appropriate
action on the recommendations of the Advisory Committee within reasonable time
and shall communicate to the Advisory Committee the reasons for not accepting
any of its recommendations, and the Advisory Committee may, in the prescribed
manner, submit a representation to the Government for appropriate orders.
(2) The Authority shall act in accordance
with the decision of the Government on such representation.
8. Powers of the Government.– The Government may give such directions to the Authority as may be necessary
to achieve the objectives of the Act.
9. Penalty.– (1) If a person contravenes or attempts to contravene any provision of
the Act shall be punished with imprisonment for a term which shall not be less
than one year and not more than five years, or with fine which shall not be
less than rupees thirty thousand and not more than rupees fifty thousand, or
with both, and the weapon, vehicle or any other article used in such
contravention shall stand forfeited to the Government.
(2) The penalty for the abetment of an
offence under the Act shall be the same as for the offence.
10. Power to
make rules.– The Government may, by notification in the
official Gazette, make rules for carrying out the purposes of the Act.
11. Act to prevail over other laws.– In the event of any conflict or inconsistency between the provisions of
the Act and any other law, the provisions of the Act shall, to the extent of
such conflict or inconsistency, prevail.
[1][1]This Act
was passed by the Punjab Assembly on 7 January 2013; assented to by the
Governor of the
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