The Parks and Horticulture Authority Act, 2012 (Punjab Act No. XLVII of 2012)

Updated: Monday August 29, 2022/AlEthnien Safar 02, 1444/Somavara Bhadra 07, 1944, at 05:29:43 AM

^{^[1]}^[1]The Parks and Horticulture Authority Act, 2012

(Act XLVII of 2012)

[30 July 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 advertisements; to promote open and unrestricted views of the Punjab; and, to provide for the connected matters;

It is enacted as follows:---

1. 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.

2. Definitions.– In this Act,---

(a) “Act” means the Parks and Horticulture Authority Act 2012;

(b) “advertisement” means commercially displayed or 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 promotes a business;

(d) “billboard” includes an advertisement fixed, placed or displayed on a structure other than a building;

(e) “Board” means the Board of Directors of the Authority;

(f) “casual use” means any temporary and occasional use but does not include its use as parking place on a regular basis;

(g) “Code” means the Code of Criminal Procedure 1898 (V of 1898);

(h) “Director General” means the Director General of the Authority;

(i) “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;

(j) “Fund” means the Parks and Horticulture Authority Fund;

(k) “Government” means Government of the Punjab;

(l) “green area” 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;

(m) “green belt” means an area notified by the Government as green belt 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;

(n) “Heritage Park” means any area having historical, traditional or cultural value notified as such under section 5 of the Act;

(o) “outdoor advertisement” means a streamer, board, poster, banner, or any other thing placed, painted, pasted or installed on a public or private building or property so that it is visible from a public place and which is intended to inform the reader of the availability of a service, product or outlet or otherwise promote a person or a message;

(p) “prescribed” means prescribed by the rules made under the Act;

(q) “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;

(r) “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;

(s) “public park” includes a park or space reserved for use as a public park and notified by the Government as a public park;

(t) “rules” means the rules made under the Act;

(u) “sky sign” means a sign installed on a building for its view from a distance; and

(v) “vehicle” includes mechanically propelled vehicle and a human or animal driven carriage.

3. 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 sub-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 sue and be sued in its name.

4. Powers and functions of the Authority.– The Authority shall:---

(a) develop and maintain public parks, green belts and green areas;

(b) regulate the use of public parks, green belts and green areas;

(d) establish and maintain botanical gardens;

(e) organize shows and exhibitions pertaining to horticulture, aviculture and cultural entertainment;

(f) protect trees and other vegetation;

(g) create awareness about horticulture and promote gardening;

(h) acquire land for the development of any public park, green belt, or green area;

(i) procure machinery, equipment or material as may be required for the proper discharge of its functions;

(j) grant a service contract for the maintenance of public parks, green belts or green areas to a company owned by it or to any other private or public limited company;

(k) constitute committees for performing specific functions of the Authority; and

(l) perform such other functions as may be ancillary, or as may be prescribed.

5. Heritage Park.– (1) The Government may, by notification, declare an area as Heritage Park to conserve the heritage or 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.

6. Board of Directors.– (1) The Board of Directors shall take the policy decisions of the Authority.

(2) The Board shall consist of the following:---

(a) Chief Minister or any other person Chairperson

nominated by the Chief Minister;

(b) Minister for Housing or any other person Vice Chairperson

nominated by the Minister for Housing;

Punjab [2][2][including at least one female member]

nominated by the Speaker of the Assembly;

(d) the elected head of the local government of the Member

area for which the Authority is established;

(e) Secretary to the Government, Member

Housing Department or his nominee;

(f) Secretary to the Government, Member

Finance Department or his nominee;

(g) Secretary to the Government, Member

Local Government and Community Development

Department or his nominee;

(h) District Coordination Officer of the area for Member

which the Authority is established;

(i) Director General of the Development Authority Member

of the area for which the Authority is established;

(j) two environmentalists [3][3][including at least one female Member

environmentalist] nominated by the Government

(k) one horticulture expert Member

nominated by the Government

(l) one representative of the concerned Member

Chamber of Commerce & Industry; and

(m) Director General. Member/Secretary

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

(3) The Government shall nominate the members of the Board, other than ex-officio members, for a period of three years.

(4) The Chairperson may, co-opt any other person as member of the Board for a meeting or for a specified period.

(5) Six members shall constitute the quorum for a meeting of the Board.

(6) 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.

(7) The Chairperson or, in his absence, the Vice Chairperson, shall preside over a meeting of the Board, and in case of absence of the Chairperson and Vice Chairperson a member nominated by the Chairperson shall preside over the meeting.

(8) 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.

(9) The Secretary of the Board shall maintain a complete record of the minutes and the decisions of the Board in the prescribed manner.

(10) 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.

7. 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,---

(a) be a whole-time employee of the Authority;

(b) hold office during the pleasure of the Government;

(d) be competent to enter into contracts on behalf of the Authority.

(4) The Government shall determine the terms and conditions of the service of the Director General.

(5) Notwithstanding the expiration of the term of 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.

(6) Nothing contained in this section shall preclude the Government from re-appointing the Director General to hold that office for a period not exceeding three years at a time.

(7) The Director General may resign by tendering resignation to the Government or may be removed by the Government in the prescribed manner.

(8) The Director General may, subject to the approval of the Board,---

(a) delegate any of his financial powers to an officer of the Authority;

(b) appoint an advisor or a consultant for a period not exceeding one year; and

8. Employees of the Authority.– (1) The Authority may, subject to the approval of the Board, employ such officers, officials, workmen, gardeners, watermen and other employees as it considers necessary for the efficient performance of its functions under the Act.

(2) The Authority may provide for the grant of such allowances, leave, pension, gratuity, provident fund and other benefits and facilities as may be prescribed.

(3) The employees of the Authority shall be deemed to be public servants within the meanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860).

9. Directions to the Authority.– (1) The Government may give general or special directions to the Authority and the Authority shall comply with such directions.

(2) The Authority shall immediately act to rectify any neglect in the performance of its functions when informed by a local government or a land authority.

10. Use of public parks, green belts and green areas.– (1) If any person intends to use a public park, green belt or green area for any purpose other than the normal use of the place, he shall make an application to the Authority.

(2) If the intended use affects the rights of the neighbours or residents of the area in general, the Authority shall invite objections from them and decide the objections before taking a decision.

(3) The Authority shall not grant permission if the intended use affects the rights of the neighbours or residents of the area to the free and uninterrupted use of the roads abutting the public park, green belt or green area or results in the conversion of the public park or green area or green belt into any other thing or changes the general outlook of the locality.

(4) The Authority shall not grant permission for a period exceeding fifteen days if the intended use is likely to bring, directly or indirectly, any financial benefit to the applicant or any other person.

(5) Notwithstanding anything contained in the Act, the Authority shall not grant permission for using any public park, green belt or green area as a parking place.

(6) Notwithstanding anything contained in sub-section (3) and sub-section (4), the Authority may grant permission for using a public park for provision of food, playing facilities, sale of plants, horticultural equipment or books or such other purpose on payment of fees if the said permission does not adversely affect the general outlook of the public park.

(7) Where the Authority gives permission for use of a public park, green belt or green area, it shall issue a permission order indicating the duration and nature of the permission and the order shall be duly displayed at a prominent place of the public park, green belt or green area.

11. Access to private property.– (1) Where a green belt or green area lies between a property and a service lane or public road, the owner of the property may, subject to the permission by the Authority, use the green belt for accessing his property in a reasonable manner but the permission shall be restricted to the extent of acquiring access and shall in no manner be deemed to allow the use of any part of the green belt for any other purpose or the use of the entire green belt or green area abutting the property for purposes of access.

(2) Notwithstanding anything contained in sub-section (1), a person shall not, in any manner, use or change the nature of any green belt for the purpose of acquiring access to a service lane from the main road.

12. Installation of billboards, sky signs and outdoor advertisements.– (1) If any person intends to install a billboard, sky sign or outdoor advertisement in any manner on private or public property or public park, green belt or green area, he shall make an application in the prescribed manner to the Authority.

(2) If the billboard, sky sign or outdoor advertisement affects the rights of the neighbours or residents of the area in general or road users, the Authority shall invite objections from them and decide the objections before taking a decision.

(3) The Authority shall not grant permission if the installation of the billboard, sky sign or outdoor advertisement affects the rights of road users to safe and secure usage or view of the residents or provision of light and air, or the view or sanctity of a historical monument.

(4) The permission for installation of billboard, sky sign or outdoor advertisement shall include such safety measures as may be determined by the Authority or as may be prescribed, and shall not, in any case, exceed a period of twelve months.

(5) A person shall not install or continue installation of a billboard, sky sign or outdoor advertisement except in accordance with the permission of the Authority.

(6) Where the Authority gives permission for installation of a billboard, sky sign or outdoor advertisement, it shall issue a permission number which shall be displayed on the billboard, sky sign or outdoor advertisement.

(7) Notwithstanding anything contained in sub-section (1) and while acting in accordance with the provisions of sub-sections (2) to (6), the Authority may identify public places for installation of billboards, sky signs, and outdoor advertisements and may allow the installation of billboards, sky signs, and outdoor advertisements at these places on such terms and conditions as may be prescribed.

(8) The Authority may charge such fees for the grant of permission for installation of a billboard, sky sign or outdoor advertisement as the Government may approve.

13. Advertisements on vehicles.– (1) A person shall not display any advertisement on any vehicle or any other moveable property except with the prior permission of the Authority.

(2) The Authority may charge such fees as for the grant of permission to display advertisements on vehicles as the Government may approve.

(3) The Authority shall not grant permission to display an advertisement on a vehicle for a period exceeding twelve months.

(4) The Authority shall issue a permission number for display on the advertisement.

(5) The Authority shall not give permission for an advertisement which is against public morals or promotes an activity or product the performance or sale of which, is barred by law.

14. Regulations regarding green areas.– (1) The Authority shall determine the extent of a planned area to be reserved and maintained as a public park, green belt or green area.

(2) A public land authority or a private land authority shall obtain prior sanction of the Authority for any development plan.

(3) The Authority may obtain a copy of the development plan or land use plan of a public land authority or a private land authority which contains detailed specifications of the areas reserved as public parks, green areas or green belts and the public or private land authority shall, within thirty days, provide the development plan or land use plan to the Authority.

(4) The Authority shall determine,---

(a) the level of green belts from the road and the method and way of their planting and maintenance;

(b) the percentage of a public park that may be reserved for parking and provision of food;

(d) the maintenance and usage of a green area.

15. Maintenance of public parks, green belts and green areas.– (1) The Authority shall undertake beautification and maintenance of areas required to be kept green by a public land authority.

(2) The Authority may maintain and beautify the areas required to be kept green by any private land authority or may require the private land authority to maintain and beautify the same.

(3) Where the Authority maintains or beautifies a public park, green belt or green area situated in a privately developed area, it may charge maintenance charges from the private land authority which was required to maintain the public park, green area or green belt.

16. Duty on private persons to maintain green belts.– (1) The Authority may require the resident or owner of a property to maintain a green belt between his property and the public road.

(2) The Authority may recover a fixed charge in accordance with a schedule of charges from the owner of the property for maintaining a green belt which the owner has failed to maintain in accordance with its directions.

(3) If the Authority finds that a green belt has been raised by an owner or occupier of a property abutting to it or has been bricked over or concretized, it may require the said owner or the occupier to remove the construction and bring it to the level notified by it and if the person does not comply with the directions of the Authority within a reasonable time, the Authority may recover the cost of removal in accordance with a schedule of costs.

(4) Notwithstanding anything contained in sub-section (3), the Authority may remove a construction from a green belt or bring the level of a green belt to the prescribed level at its own cost.

17. Continuation of contracts.– (1) All contracts, permissions and leases granted by an empowering authority for the use of any public park, green belt or green area or the installation or placement of any billboard, sky sign or outdoor advertisement on public or private property prior to the enforcement of the Act, shall be subject to, and governed by, the provisions of the Act.

(2) The Authority shall not cancel any contract or withdraw any permission mentioned in sub-section (1) without providing an opportunity of hearing to the affected person.

18. Fund.– (1) There shall be a Fund to be known as Parks and Horticulture Authority Fund.

(2) The Fund shall consist of,---

(a) grants made by the Government or other authorities or agencies;

(b) charges collected by the Authority for maintenance of public parks, green belts and green areas;

(d) income from any other source.

(3) The Fund shall be maintained and invested in such manner as may be prescribed.

(4) The Fund shall be utilized to meet the expenses of the Authority in connection with its functions under the Act.

(5) The Authority shall not obtain loan and shall not incur debt.

19. Budget and accounts.– (1) The Director General shall, before the commencement of a financial year, prepare a statement of the estimated receipts and expenditure of the Authority for the financial year and submit it to the Board for approval.

(2) 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.

(3) As soon as may be, after the end of each financial year, the Authority, in the manner prescribed, shall cause to be prepared for that financial year statements of account of the Authority, which shall include a balance-sheet and an account of income and expenditure.

20. 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), may cause the annual accounts of the Authority audited, in the prescribed manner, by a Chartered Accountant or a firm of Chartered Accountants.

21. Prohibitions.– (1) A person shall not use any green belt or green area for any purpose except casual use without prior permission in writing of the Authority.

(2) No person shall discharge any waste water or sewage on any public park, green belt or green area.

(3) No person shall throw or dispose of any litter or garbage in any public park, green belt or green area.

(4) No person shall install or exhibit any billboard, sky sign, outdoor advertisement or advertisement or allow the installation and exhibition of any billboard, sky sign, outdoor advertisement or advertisement in any property under his control without the permission of the Authority.

(5) A person shall not cut any tree on private or public land without prior permission of the Authority.

(6) A person shall not take any part in the publication, installation or display of any billboard, sky sign, outdoor advertisement, advertisement, or which is indecent or against public morality or which may incite public disorder.

22. Attempts and abetments.– A person who attempts to contravene, or abets the contravention of any order made under this Act shall be deemed to have contravened that order.

23. Offences, penalties and procedures.– (1) If a person contravenes any provision of the Act, he shall be liable to punishment of imprisonment which may extend to six months or fine which may extend to five hundred thousand rupees or both.

(2) If a person continues to commit an act in violation of any order of the Authority, he shall, in addition to any other punishment under the Act, be liable to punishment of fine which may extend to five thousand rupees for each day the offence continues.

(3) If a person, being convicted under the Act, again commits an offence under the Act, he shall be liable to punishment of imprisonment for a term which may extend to one year or fine which may extend to one million rupees or both.

(4) If a person fails to obtain and display a permission required to be displayed under the Act, he shall be liable to punishment of fine which may extend to twenty five thousand rupees.

(5) An offence under the Act shall be non-bailable but the police shall not take cognizance of the offence except on the information received from an authorized officer of the Authority.

(6) Notwithstanding anything contained in sub-section (5), the Authority may instead of filing information before the police, file a complaint before a Magistrate authorized to take cognizance of an offence under the Act.

(7) The procedure for the trial of offences under the Act shall be the same as is laid down in the Code for summary trial.

24. Complaints of illegal or unauthorized use.– Any person may file a complaint in the prescribed format to the Authority regarding the illegal use of any public park or green belt or green area or any other violation of the Act and the Authority on receipt of such a complaint shall inquire into the same and shall take such action as may be necessary under the Act.

25. Powers of Authority and its officers with regard to offences.– (1) Any officer of the Authority, or a person authorized by the Authority may take all such actions as may be necessary for enforcement of the Act, rules or regulations including removal of encroachments, cessation of hazardous or unauthorized trade in a public park, green area or green belt, removal of unauthorized billboards, sky signs, outdoor advertisements or advertisements, and removal or cessation of unauthorized construction or stoppage of unauthorized land use in or on a public park, green belt or green area.

(2) Any officer of the Authority authorized in this behalf, along with such other persons as may be necessary, may enter at a reasonable time and after due notice, any private premises for removal of a billboard or sky sign or outdoor advertisement and remove the same.

(3) Where the Authority has removed any construction or billboard, sky sign, outdoor advertisement or advertisement, it shall confiscate the debris of the construction, billboard, sky sign, outdoor advertisement or advertisement and may recover the cost of removal and disposal from the person who owns or occupies the same.

26. Power to enter and survey.– Any person authorized by the Authority may enter and survey any premises or land at a reasonable time and after due notice of inspection and survey for the purposes of the Act, rules or regulations.

27. Recovery of dues.– A sum due to the Authority shall be recoverable as arrears of land revenue.

28. Police assistance.– The police shall render such assistance as the Authority may require in the discharge of its functions under the Act.

29. Act to have overriding effect.– The provisions of the Act shall have effect notwithstanding anything to the contrary contained in any other law.

30. Power to make rules.– The Government may, by notification in the official Gazette, make rules for giving effect to the provisions of the Act.

31. Power to frame regulations.– Subject to the Act and the rules, the Authority may, with the previous approval of the Government, frame regulations for matters not provided for in the rules and for which provision is necessary or expedient for carrying out the purposes of the Act.

32. Ownership of public parks, green belts or green area.– The ownership of Heritage Park and any area notified as a public park, green belt or green area shall vest in the Authority.

33. Summary ejection of unauthorized occupant or user.– The Director General or an officer authorized by the Authority may eject any person in unauthorized occupation of any land or property vested in the Authority and may use such force as may be necessary to remove the unauthorized occupant or user.

34. Annual report.– (1) The Authority shall, within three months of the close of a financial year, submit to the Government an annual report.

(2) The report shall consist of–

(a) the statement of accounts of the Authority;

(b) a comprehensive statement of the work and activities of the Authority during the preceding financial year; and

35. Protection of action taken under the Act.– (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of any order made under the Act.

(2) No suit or other legal proceeding shall lie against the Government or the Authority for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of any order made under the Act.

(3) Notwithstanding anything contained in any other law, the Director General or any other employee of the Authority shall not be personally liable in civil proceedings for any action taken for enforcement of the Act.

PARKS AND HORTICULTURE AUTHORITY OUTDOOR ADVERTISEMENT REGULATIONS, 2017

[Gazette of Punjab Extraordinary,

17th October, 2017]

No. PHA/DG/PS/10-17/194, dated 7.10.2017.---In exercise of the power conferred under section 31 of the Parks and Horticulture Authority Act XLVII of 2012, the Authority is pleased to frame the following Regulations:

1. Short title and Commencement.---(1) These Regulations may be cited as the Parks and Horticulture Authority Outdoor Advertisement Regulations, 2017.

(2) These Regulations shall come into force at once.

2. Definitions.---(1) Definition of Terms, unless otherwise express provided, the following terms shall, for the purpose of these Regulations have the meaning indicated herein. Where the terms are not defined they shall have their ordinary accepted meanings or such as the context may apply.

(a) “Act” means the Parks and Horticulture Authority Act, 2012;

(b) “advertising substance” means a streamer, board, hoarding, poster, banner, or any other thing placed, painted, pasted or installed on a public or private building or property so that it is visible from a public place and which is intended to inform the reader of the availability of a service, product or outlet or otherwise promote a person or a message;

(d) “auction” means to lease or rent out Outdoor Advertisement of any nature through competitive bidding process to ensure transparency and fairness for such period as may be prescribed by the Authority;

(e) “banners” means, publicity material comprising of cloth, flex, parachute installed temporarily with ropes for the purpose of advertisement in horizontal direction;

(f) “commercial building” means, a building having shops or showrooms, offices, hotels, restaurants on any floor and may also have apartments in it or duly declared commercial by the concerned regulatory department/authority;

(g) “competent authority” means, the, Director General of and a member of the Authority and includes a committee of members as determined by the Authority.

(h) “controlled area” means a controlled area with the area as the Authority may notify.

(i) “directional sign” means a small board installed for the awareness or guidance of public towards a commercial or non-commercial entity;

(j) “government” means Government of the Punjab;

(k) “green verge” means the area between the boundary wall of houses, buildings and the roads;

(l) “hoarding” means a large board in a public place, used to display advertisements.;

(m) “LED/LCD screen” means light emitting diode or liquid crystal display screen installed on poles or properly designed steel or building structure;

(n) “moppy sign” means esthetically designed small scale structure or hoarding of specific size that can be installed in green belts, central medians and near bus stops;

(o) “moving vehicles” means any type of advertisement, which is made on moving vehicles, such as bus, truck, tractor, trolley, floats, cycle, auto rickshaw, taxi, tonga, rehra, cart, boat or through air/aeroplane;

(p) “neon signs” means illuminated board particularly visible at night;

(q) “person” includes a body owned or controlled by the Federal Government or the Government or any other Provincial Government, or a company, association or body of individuals, whether incorporated or not;

(r) “pole signs” means an advertisement board of regulated size permitted to be installed or fixed on electric pole, street light pole, traffic light signals;

(s) “posters” means any publicity printed on paper for the purpose of advertisement pasted or fixed or placed anywhere on building, wall, tree, any type of poles, fences or on any moving vehicle pasted or fixed for the purpose of advertisement;

(t) “private housing scheme” means any area in a housing scheme, society, colony or apartment, building etc. falling within limits of the controlled area;

(u) “registered advertisers” means a person, Multinational/National Companies duly registered with the Authority in the manner prescribed by the Authority;

(v) “regulations” means Parks and Horticulture Authority (Advertisement) regulations;

(w) “residential building” means a building exclusively designed as being used for residential purposes;

(x) “shop board sign” means outdoor advertisement installed on business premises but not limited to shops, banks, petrol pumps, restaurants, hotels, clinics, private school/colleges, franchised outlets, display centers branded by national and multinational companies;

(y) “streamer” means a vertical banner installed on electricity poles, street light poles, traffic signals on temporary basis;

(z) “street furniture” means installation of service oriented features such as road safety sign, directional sign, benches, dustbins, tree guards, pedestrian bridges or underpasses fascia, water coolers, street lights.

(aa) “trivision” means a publicity illuminated or non-illuminated board made of steel structure having three visions.

3. Application of Regulations.---Any individual company, agency or federal and provincial government department, agency, autonomous bodies and corporation intending to carry outdoor advertising within the controlled area shall comply with provisions of these regulations and shall not undertake anything relating to outdoor advertisement without prior approval in a prescribed manner.

4. Registered Advertiser.---(1) Person, Company, Firm or an Agency intending to carry out, outdoor advertising business (other than banners, streamers, floats, advertisement stalls and directional sign) shall get registration as an advertiser by submitting an application on Form-A appended with the Regulations along with the prescribed fee;

(2) An application referred in sub-regulation (1) shall clearly provide the following information:---

a) Name of person;

b) Complete address;

c) Status;

d) NTN number;

e) CNIC number;

f) Name of directors and partners (if required);

g) Proprietor;

h) Registration certificate of firm, company or any other organization;

i) Company profile;

j) Sale tax registration number;

k) Registration with other government department and list of staff;

l) An understanding or affidavit on judicial paper in prescribed manner as determined by the authority; and

m) any other information required by the authority;

(3) A multinational or national company subject to these regulations may conduct outdoor advertisement only for its own brand or product without any registration;

5. Renewal.---(1) The registered advertiser may get the renewal on annual basis on payment of prescribed fee before 30th of June every year but the Competent Authority on a request may extend the date;

(2) The Director General of the authority reserve the right to reject any application for registration or renewal of an advertiser within its jurisdiction after providing an opportunity of hearing and recording reasons in writing for such rejection and may also order for removal of installed outdoor advertisement in public interest;

(3) The process of registration shall remain open round the year unless otherwise determined by the competent authority;

6. Conditions for installation of advertisement.---The following shall be the parameters for installation of advertisement.

(1) For installation of trivision, neon sign, hoarding, billboard, moppy sign, LED screens along roads or green belts:

(a) Outdoor advertisement, hoardings, boards, digital screens, LEDs may be allowed at roadside building facade which have been declared as commercial.

(b) Outdoor advertisement, hoarding, boards, digital screens or LEDs can be permitted at center medians through the process of open auction only at such size and numbers as shall be determined by the Authority.

(d) The sizes for bilboard or hoardings are standardized as 60 x 20, 45 x 15, 30 x 10, 10 x 20 and for moppy signs are 6 x 4, 8 x 4.

(e) A minimum gap of 250 feet shall be kept between installations of two stand alone billboards on each side and cluttering should not be created at any site.

(f) In all cases the limit of height of publicity board (stand alone billboard) shall not exceed 45 feet from the ground level.

(g) The number of sites at one particular road shell be determined by the Authority before any auction and shall remain frozen till the completion of the period provided in the auction.

(1.1) Duration:

i. PHA Site: The authority may lease, in the prescribed manner, any of its sites or poles for outdoor advertisement, for such initial or extended period and on such terms and conditions as the authority may determine or as may be prescribed.

ii. State/public or private site/building except PHA, permission will be granted for one year or till the expiry of tenancy agreement, in both cases not acceding 3-years.

(2) For the sky signs at residential buildings, commercial building wall sign, facade based sky signs, parapet sky sign:

(a) Installation of any kind of advertisement at residential buildings and premises shall not be permitted except for onsite signage for purpose of identification.

(b) The Authority may allow installation of facade based and parapet sky signs at buildings being used for commercial purpose with the approval of Competent Authority.

(d) The sky sign can be installed:---

i. Either on the facade or parapet wall for building up to 3 storeys.

ii. In case of sky sign at parapet wall, no permission will be granted for facade.

iii. On the outer wall/side of the building on both sides with the maximum size of 1200 sq ft.

(e) The sky sign up to 15 feet high from the roof level with parapet wall, with the maximum size of 1200 sq.ft may be allowed up to three storeyed commercial building may be installed. The property having more than three storeyed is not allowed to install any type of parapet sky sign on the rooftop.

(f) Advertising firms or companies and owners of the premises are bound to provide free access and provide necessary assistance, if required, to the Authority officials in case any sky sign is to be removed on account of non-payment of rent or fee, unstable structure, obscene message and any violation of the regulations.

(3) The advertisement material installed and displayed within the open spaces of commercial premises shall be charged by the authority as per the Act and Regulations.

(4) The procedure for installation shall be as follows:

(a) All applications for installation of sky signs shall be submitted before Director General of the Authority in a manner prescribed but shall at least be supported by following documents:

i. Photograph of location identifying the placement of the sky sign duly signed by the applicant.

ii. Copy of title document along with agreement executed with building owner, duly signed by the applicant.

(b) In case, the application is found suitable for further processing, the applicant shall submit the following documents:

i. Structure Design, stability certificate from structure engineer(s) only, approved by the Authority.

ii. Indemnity bond on judicial paper indemnifying the Authority against any loss of life or property caused due to the applicant's publicity board and liability to compensate all such loss caused by him.

iii. The fee for advertisement shall be charged as notified by PHA from time to time and shall be deposited only through a pay order or bank draft in favour of the Authority.

(5) The renewal of permission to install sky sign shall be made after receiving the advertisement fee. The fee shall be charged bi-annually in two installments (January to June and July to December) and the advertiser shall deposit fee in the first two months of the period. The Authority in case of default may withdraw the permission and remove the advertisement including infrastructure at the cost and consequence of the advertiser.

(6) The permission for installation of any sky sign is for specific period only and it is the sole discretion of the Authority to order removal of any board at any time during such specific period or may not to renew the permission of any site, in public interest.

(7) In case the advertiser intends to remove the publicity board, he will:

(a) Inform the Authority, in writing.

(b) Advance rent or fee as the case may be, paid in this case shall not be refunded.

(c) Director General of the Authority may order removal, non-renewal of any permission for facade or parapet based sky signs or any other publicity media on account of any change in regulations, cluttering, unaesthetic or in public interest.

(d) The advertiser once informs the authority about removal of advertisement, shall not be entitled to recall his intimation.

(e) The advertiser once informs the Authority to remove the advertisement, has to remove the structure within two weeks.

(f) In case of failure to remove advertisement and structure within stipulated time, the Authority shall remove the same at the cost of advertiser and beside other available mode shall be recovered under section 27 of Act.

(8) For installation of streamers, operation of floats and other temporary campaigns the following shall be procedure and parameters:

a) Streamer: maximum size of streamer shall be 7 x 3 feet preferably mounted on wooden frame. The authority reserves the right to use remaining portion of the pole for any other purpose or any other streamer.

b) Banner: No banner shall be fixed across the road.

c) Moving Float subject to the approval of design and size by the Authority.

d) Temporary Campaigns including Cutouts: Temporary campaigns including cutouts are subject to the approval of design and size by the Authority on the rates as demanded by the Authority. The Authority reserves the right to reject any application without assigning any reason.

7. Shop Sign Fee.---The fee for Shop signs with any brand will be levied and collected by the Authority as prescribed from time to time. Individual shopkeepers who have non-branded one shop sign of reasonable size fixed at their shops will be exempted from the payment of advertisement fee.

8. Policy and criteria for advertising substance.---(1) The following shall be criteria for advertising substances:

(a) Signboard site shall not be given or renewed to an advertiser, Multinational and National Company who is a defaulter and has not cleared the outstanding dues.

(b) The Authority may declare any registered advertiser as black-listed in case of non-payment of advertisement charges or non-compliance of instructions issued by the authority.

(d) All outdoor advertisement and sign boards must be fabricated in a structurally safe manner and are installed in a manner which does not adversely affect road safety or integrity of the building structure on which they are fixed. The advertising company or sole proprietor shall be bound to adhere the instructions, guidelines issued by the Authority.

(e) In case of one vision film sticker the maximum limit is facade, elevation of the building.

(f) The permission to illuminate any publicity board shall be allowed by the Authority which will be subject to the other applicable laws relating to illuminating boards etc.

(g) Any illegal publicity material installed shall be removed by the Authority immediately at the risk and cost of the advertiser or owner of the premises without prior notice.

(2) Any advertisement contrary to social norms, public morality, promoting obscenity, public decency and against the state, any religion or creating ethnic or sectarian conflict, considered misleading to the general public shall not be allowed, in case of any such display it will be removed immediately, without any prior notice.

9. Special Powers.---(1) The Director General may at his own, after affording hearing to the person concerned, direct or order the removal of any outdoor advertisement substance which indecent, obscene or offensive to good taste, or which is structurally not safe or site is required for any other purpose by the Authority or by Government or in Public Interest.

(2) The Director General in case of change in policy may at any time withdraw any of its permission(s) after serving a notice to the party concerned but in such case the balance of advance rent, if any, shall be refunded on removal of advertisement.

(3) The Authority shall approve the annual schedule of rates for all kind of advertisement substances before 30th of June every year for next financial year.

(4) The Authority may decide the maximum number of sky signs/billboards etc to be installed at a particular road or area. Any change in the number of sky signs/billboards shall only be made after the removal of advertisement substance or on expiry of auction period as the case may be.

10. Outdoor Advertisement.---(1) All sites for installation of hoarding/billboard, LED or LCD Screens or any other structural sign on PHA land other than (sky signs, directional boards, streamers, banners, floats and temporary cutout/campaigns) can only be awarded through the process of auction.

(2) All outdoor advertisement fee including that for Sky signs, directional boards, Streamers, Banners, Floats, Shop Board fee, temporary campaigns displayed on the roads, shops or private, Government premises and within the city shall be charged in accordance with the schedule of rates for each and every type of advertisement duly issued by the Authority.

11. Inspection and Examination.---(1) The Authority may at its own or through its authorized representative at any time and stage inspect the site and installation of advertisement till its completion and thereafter as and when needed.

(2) In the event of any deviation or default, the sky sign, hoarding, streamers shall be removed by the Authority at the risk and cost of advertiser or premises owner as the case may be.

(3) In case of any illegal outdoor advertisement substance, the same shall be removed by the Authority at the risk and cost of advertiser/owner. In such situation the advertisement substance or structure etc shall be confiscated by the Authority. The Authority besides other measures may recover the cost through auction of confiscated material.

12. Miscellaneous.---(1) There shall be no exemption from the regulations, however Director General, PHA may in his discretion allow for awareness, publicity and campaign free of cost or on subsidized charges for government, semi government, NGOs, charitable organizations, environment, health, sports and business oriented events such as conferences, exhibitions, seminars and entertainment and cultural events.

(2) The banking companies may install a plaque not exceeding 3' x 7' (3 ft wide and 7 ft long) without payment of any fee at their office or place of business as the case may be. However, if the size of plaque is above 3' x 7' the company or its branch shall be liable to pay the fee for advertisement against the entire plaque or board etc.

(3) The Director General may allow multinational and national companies to participate in the auction even though they are not registered with the authority.

(4) The rate for all type of advertisement, publicity signs in case of private land or buildings shall be those as given in schedule B.

(5) The details of categories A, B and C of roads are given in schedule 'C'.

(6) The Authority may re-categorize any road as and when-required.

(7) The authority reserves the right to levy, enhance, reduce or change the schedule of rates in public interest at any time.

13. Appeal.---An appeal shall lie against any order passed by the authority or any officers authorized in this regard within 30-days before the Secretary, HUD&PHE Department, Government of Punjab.

14. Prohibition.---The advertisement must not be placed on heritage building or other heritage items, excluding Railway Stations. Only onsite signage would be allowed with specifications to be prescribed under the relevant Law.

15. Repeal.---(1) The Parks and Horticulture Regulations 2008 are hereby repealed.

(2) Nothing in these Rules shall absolve any person from payment of any fee or other liability outstanding under any Regulations at the commencement of these Regulations.

(3) The cases pending before the Authority, on commencement of these Regulations, shall be proceeded under these Regulations.

16. Savings.---Save as otherwise specifically provided, nothing in these Regulations, shall affect or be deemed to affect anything done, fee levied, action taken or proceedings initiated, on the commencement of these Regulations.

PARKS & HORTICULTURE AUTHORITY GOVERNMENT OF THE PUNJAB No.PHA/DG/DM/ Dated Lahore the NOTIFICATION No____________________. In exercise of the power conferred under clause-31 of The Parks & Horticulture Authority Act XLVII of 2012, the Parks & Horticulture Authority is pleased to frame its Regulations. The Regulations shall be known as PHA Regulations for Outdoor advertisement.

These Regulations shall be operative & applicable with immediate effect.

PART I

DEFINITIONS

Clause-1

Definition of terms: Unless otherwise express stated, the following terms shall, for the purpose of these Regulations have the meaning indicated in this part. Where the terms are not defined they shall have their ordinary accepted meanings or such as the context may apply. i. ACT: Means The Parks & Horticulture Authority Act XLVII of 2012, ii. GOVERNMENT: Means Government of the Punjab. iii. AUTHORITY: Means the Parks & Horticulture Authority created under section 3 of Parks & Horticulture Authority Act XL VII of 2012. iv. AREA: Means the whole or any part within the territorial jurisdiction of District Lahore/ Government of Punjab. v. CONTROLLED AREA: Means an area notified by the Authority if required. vi. PRESCRIBED: Means prescribed by rules / regulations. vii. CHAIRMAN: Chief Minister or any other person nominated by the Chief Minister Punjab. viii. Vice Chairman: Minister for housing or any other person nominated by Minister of the housing. ix. DIRECTOR GERNAL: Means, the Director General of the Authority. x. COMPETENT AUTHORITY: Means, Director General of the Authority a person or a Committee nominated by the Chairman / Government of Punjab to be Act as member of board of Directors of the Authority. xi. MEMBER: Means a person so notified by the Chairman / Government of Punjab to act a member of board of Directors of the Authority as mentioned in clause-6 of the Parks and Horticulture Act 2012. xi. OUTDOOR ADVERTISEMENT: Means all advertisement display, placed on the roads, green belts/verges or private/government premises, shops & houses, hospitals, educational institutions , petrol pumps, fences, walls, vehicles etc and also include streamer, poster, banner or any other thing placed, painted, pasted or installed and visible from a public place and is intended to inform the viewer of availability of a service, product or outlet as mentioned in clause-2 of Parks and Horticulture Act 2012. xii. ADVERTISING SUBSTANCE: Means, any one or more of the following: - Trivisions, neon signs, hoardings, billboards, cutouts, pole signs, sky signs, directional boards, banners, streamers, moppy sign, LED screens, temporary advertisement structures, posters, one way vision, stickers, temporary publicity stalls hot-air balloon/blimp, moving vehicle such as Bus, Truck, Float, Tractor, Trolley, Rehra, Cart, Tonga, Cycle, Auto Rickshaw, Taxi, Car, Jeep, Boat etc. xiii. TRIVISION: Means, a publicity illuminated/non-illuminated board made of steel structure having three visions. xiv. NEON SIGNS: Means illuminated board particularly visible at night. xv. BILLBOARD / HOARDING: Mean a publicity board made of MS sheet on iron poles/ girders fixed independently on a structure other than building facade. xvi. POLE SIGNS: Means an advertisement board of regulated size permitted to be installed/fixed on electric pole, street light pole, traffic light signals etc. xvii. SKY SIGNS: Means, a structure installed/employed, wholly or in parts for the purpose of advertisement, erected on private/government building/premises having view from a distance as described in clause-2 of Parks and Horticulture Act-2012. xviii. BANNERS: Means, publicity material comprising of cloth, flex, parachute etc. installed temporarily with ropes for the purpose of advertisement in horizontal direction xix. STREAMER: A vertical banner made of cloth, flex etc supported by a frame that can be installed on electricity poles, street light poles, traffic signals on temporary basis. xx. MOPPYSIGN: Means esthetically designed small scale structure/hoarding of specific size and can be installed in green belts, central medians, near bus stops etc. xxi. STREET FURNITURE: Means installation of service oriented features such as Road Safety Sign, Directional Sign, Benches, Dustbins, Tree Guards, Pedestrian Bridges/ Underpasses Fascia, Water Coolers, Street Lights etc. xxii. LED / LCD SCREEN: Means light emitting diode / liquid crystal display screen installed on properly designed steel structure. xxiii. DIRECTIONAL SIGN: Means small board installed for the awareness/guidance of public towards a commercial or non-commercial entity. xxiv. SHOP BOARD SIGN: Means outdoor advertisement installed on business premises but not limited to Shops, Banks, Petrol Pumps, Restaurants, Hotels, Clinics, Private School/Colleges, Franchised Outlets, Display Centers branded by National & Multinational Companies etc. xxv. POSTERS: Means any publicity printed on paper for the purpose of advertisement pasted or fixed or placed anywhere on building, wall, tree, any type of poles, fences or on any moving vehicle pasted or fixed for the purpose of advertisement. xxvi. MOVING VEHICLES: Any type of advertisement, which is made on moving vehicles, such as bus, truck, tractor, trolley, floats, cycle, auto rickshaw, taxi, tonga, rehra, cart, boat or through air / aero plane etc as described in clause-2 Parks and Horticulture Act-2012. xxvii. COMMERCIAL BUILDING: Means, a building having shops or showrooms, offices, hotels, restaurants etc. on any floor and may also have apartments in it or duly declared commercial by the concerned regulatory department/authority. xxviii. RESIDENTIAL BUILDING: Means, a building exclusively designed & is being used for residential purposes. xxix. GREEN VERGE: Means the area between the boundary wall of houses, buildings and the roads. xxx. PERSONS: May include an individual or a firm, cooperative society or association of individuals duly incorporated. xxxi. REGISTERED ADVERTISERS: Means, person, Multinational/ National Companies duly registered with the Authority in the manner & system prescribed by the Authority. xxxii. AUCTION: Means to lease/rent out Outdoor Advertisement of any nature through competitive bidding process to ensure transparency & fairness for a period as may be prescribed by the Authority xxxiii.Private Housing Societies: Any residential area / colony / society / apartments, duly approved by the concerned regulatory department, constructed by private persons / builders falling within limits of district Lahore. PART II APPLICATION OF PHA REGULATIONS Clause-2 Every prospective Individual, Company, Agency or Federal and Provincial Government Department/Agencies, Autonomous/Semi-autonomous Bodies & Corporations intending to carry, outdoor advertising within the limits of the area, controlled by the Authority shall comply with the “PHA REGULATIONS” and shall not undertake any job pertaining to outdoor advertisement in PHA’s area without prior approval as prescribed. EXEMPTION FROM PHA REGULATIONS Clause-3 i. There will be no exemption to these Regulations, however Director General, PHA may, in his discretion allow awareness/publicity campaigns free of cost or on subsidized charges for government, semi-government, NGOs, charitable organizations environment, health, sports and business oriented events such as conferences, exhibitions, seminars and entertainment/cultural events. ii. The Director General, PHA may allow the Multinational or National Companies to participate in the auction without registration with PHA. REGISTERED ADVERTISERS Clause-4 i. Every prospective Person, Company, Firm or an Agency intending to carry out, outdoor advertising business (other than banners, streamers, floats, advertisement stalls and directional sign) shall be enlisted with PHA as registered advertiser. ii. An advertiser shall get himself registered with PHA, by submitting an application as form “A” appended to these Regulations including, but not limited to the given information, company/firm name, address, status, name of directors/ partners/ proprietor, company profile, NTN number, sales tax registration number, registration with other government department and list of staff. Registration form & Evaluation Criteria iii. However, Multinational / National companies may conduct outdoor advertisement only for their own brand/product, without enlistment. iv. Every prospective advertiser applying for registration with PHA shall submit an undertaking/affidavit on judicial paper in prescribed manner as determined by the Authority subscribing that he will unconditionally abide by the Policy/Regulations, Instructions issued by PHA without fail. v. RENEWAL: Every registered advertiser shall get the renewal on annual basis on payment of prescribed fee before 30th of June every year. However Competent Authority may extent date of renewal upon application. vi. The Director General PHA reserves the right to reject any application for registration/renewal to work as an advertiser with PHA after providing an opportunity of hearing and recording reasons for such rejection in writing and may order removal of installed outdoor advertisement in public interest. vii. The process of registration shall remain open around the year unless any specific orders given by the Competent Authority. Application for advertisement Clause-5 Installation of Trivision, Neon Sign, Hoarding/Billboard, Moppy Signs, LED Screens along Roads / Green Belts: a) Outdoor advertisement hoardings/ boards may be allowed at roadside which have been declared as commercial, but limited to static advertisements. Any kind of moving signs, LCDs or LEDs shall not be permitted at roadsides however these may be installed at pedestrian areas, market places or in parks. b) No advertisement or signboards shall be installed inside center medians, roundabouts except direction boards, Moppy signs, temporary cutouts/ area branding and publicity material to be fixed on street furniture. c) No publicity board shall be placed/erected in a way that creates hurdle in the free & smooth flow of traffic. d) the sizes for billboard/hoardings are standardized as 60x20, 45x15, 30x10, 10x20 and for moppy signs are 6x4, 8x4. e) Minimum gap of 150 feet shall be kept between installation of two advertisement boards on each side and cluttering should not be created at any site. f) In all cases the height limit of publicity board shall not exceed 35 feet from the ground level. g) Permission to install publicity board at state land through open Auction shall not be granted for more than one year and after the expiry of said period open auction shall be held again. h) PHA, if required may install its own structures for hoardings/billboards/LEDs and rent out its display to registered advertisers/national-multinational companies only through the process of open auction for a period of one year. i) To maintain transparency & fair play all outdoor advertisement as stated above shall be awarded through open auction only. j) Number of sites at one particular road shall be determined by the Authority before any auction and shall remain frozen for the period of auction. Clause-6 Sky Signs i. RESIDENTIAL BUILDINGS: Installation of any kind of advertisement at residential buildings/premises shall not be permitted except for onsite signage for purpose of identification & information. Onsite signage on the business premises shall be encouraged to be standardized and limited to create an ambient and pleasant environment in prescribed manner. ii. COMMERCIAL BUILDING: PHA may allow installation of façade based & parapet sky signs at commercial Buildings. The advertisement must not be placed on heritage building or other heritage items, excluding Railway Stations. Only onsite signage would be allowed with specifications to be prescribed under the relevant Law. a. WALL SIGN / FAÇADE BASED SKY SIGNS: The sky sign can be installed on the façade / wall of commercial building with the maximum size of 1200 sq ft. Only one wall sign / façade based sign can be installed per building elevation. b. PARAPET SKY SIGN: Up to three storied commercial building is allowed to install sky sign up to 15 feet high from the roof level with parapet wall, with the maximum size of 1200 sq.ft. Property having more than three storey are not allowed to install any type of parapet sky sign on the rooftop. Façade based & Parapet sky sign shall not be allowed at one over the other per building elevation. c. Advertising firms/companies and owners of the premises are bound to provide free access & provide necessary assistance if required to PHA officials in case any sky sign is to be removed on account of non-payment of rent, unstable structure, obscene message and any violation in PHA regulations/ Policy. d. PUBLICITY MEDIA INSTALLED AT OPEN SPACES WITHIN THE COMMERCIAL PREMISES: The advertisement material installed within the open spaces of commercial premises shall be regulated and appropriately charged by the PHA in the manners as prescribed from time to time. INSTALLATION e. All applications for installation of sky signs shall be submitted before Director General, PHA in manner prescribed from time to time but at least supported by following documents: i. Photograph of location identifying the placement of the sky sign duly signed by the applicant. ii. Copy of agreement executed with building owner, duly signed by the applicant. f. In case, the application is found suitable for further processing the applicant is bound to submit the following documents: i. Structural Design/ Stability Certificate from PHA enlisted Structural Engineer. ii. Indemnity Bond on Judicial Paper indemnifying PHA against any loss of life/property caused due to the applicants publicity board and the applicant’s liability to compensate all such loss as per law. iii. The advertisement charges duly notified by the PHA shall be deposited only through a pay order/bank draft in favour of PHA Lahore in the manner/time as determined by the Authority. g) Renewal of sky sign. The renewal of installed sky sign shall be made after receiving the sky tax in advance, the sky tax shall be charged bi-annually in two equal installments i.e. January to June and July to December and the advertiser shall deposit sky tax in first two months of the period after that PHA reserves the right to take appropriate action against the defaulter. Permission for installation of any sky sign is for limited period only and it is the sole discretion of PHA to order removal of any board at any time or not to renew any site, in public interest. h) Removal of sky sign. i. In case the advertiser intends to remove the sky sign, he shall inform PHA in writing at least two weeks’ in advance. Advance rent paid in this case is not refundable. ii. Director General PHA may order removal/ non-renewal of any façade based/ parapet based/ sky signs or any other publicity media on account of any change in regulations/policy, cluttering, unaesthetic or in public interest. A two weeks’ notice in advance shall be given to the concerned advertiser for removal and unconsumed rent if any shall be returned to the concerned advertiser. If the board is not removed within two weeks, the same shall be removed at the risk & cost of advertiser by the PHA. i) Signage in private housing societies. The outdoor advertisement installed in private housing schemes shall be regulated by the authority in line with Regulations. Clause-7 Installation of Streamers, Operation of Floats and Other Temporary Campaigns. a) Streamer: Maximum size of streamer shall be 7x3 feet preferably mounted on wooden frame etc. The PHA reserves the right to use remaining portion of the pole for any other purpose or any other streamer. b) Banner: No banner shall be fixed across the road. c) Moving Float subject to the approval of design & size by the PHA. d) Temporary Campaigns including Cutouts: Temporary campaigns including cutouts are subject to the approval of design & size by the PHA on the rates as decided by the Authority. The Authority reserves the right to reject any application without any reason. SHOP SIGN CHARGES Clause-8 Charges for Shop signs will be levied & collected by PHA according to the rates and manner prescribed by the Authority. Individual shopkeeper non branded boards fixed at their shops are exempted from the payment of shop sign charges. However, the authority reserve the rights to regulate these board by imposition any levy. POLICY / CRITERIA FOR ADVERTISING SUBSTANCE a) Signboard site will not be given / renewed to an advertiser, Multinational/ National Company who is either a defaulter or recovery of the Authority is pending. Department may declare any registered advertiser as black-listed in case of non payment of advertisement charges or non-compliance of instructions issued by the authority. b) Every registered Advertiser, National or Multinational Company shall comply with the Terms & Conditions, Regulations & Policy of the PHA at all times. c) All outdoor advertisement and sign boards are fabricated in a structurally safe manner and are installed in a manner which does not adversely affect road safety or integrity of the building structure on which they are fixed. The advertising company / sole proprietor shall be bound to adhere the instructions / guidelines issued by the Authority. (Indemnity Bond & Engineering Consultant) d) In case of one vision film sticker the maximum limit is façade/ elevation of the building. e) Permission to illuminate any publicity board shall be allowed by the Authority as per the policy of the Government. f) Any illegal publicity material installed shall be removed by the Authority immediately at the risk and cost of the advertiser/ premises owner, without prior notice. g) Script/Display: Advertisements contrary to social norms, public morality, promoting obscenity, public decency /against the state/ any religion/creating ethnic or sectarian conflict, considered misleading to the general public shall not be allowed, in case of any such display it will be removed immediately, without any prior notice. APPEAL Clause-9 An appeal against the decision passed by the officers of the Authority under above referred clauses may be filed with the Appellate Authority i.e. D.G. PHA, within 15 days. Where upon the Appellate Authority will decide the case within 15 days. The decision of Appellate Authority will be final. SPECIAL POWERS Clause-10 a) The Director General may direct/order removal of any outdoor advertisement substance which is indecent, obscene or offensive to good taste, structurally not safe or site is required for any other purpose by PHA or by Government or in Public Interest. b) The Authority may at any time withdraw any of its approval without assigning any reason, However the aggrieved will be refunded the balance of advance rent if any. c) The Director General on behalf of the Authority shall use all the powers provided in the Parks and Horticulture Authority Act 2012. d) The Director General PHA is the competent authority to take any policy decision in the interest of public. e) The Director General shall approve the annual scheduled of rates for all advertisement substances before 30th of June every year for next financial year. OUT DOOR ADVERTISEMENT Clause-11 Sites for installation of hoarding/billboard, LED/LCD Screen or any other structural sign on PHA land other than (sky signs, directional boards, streamers, banners, floats and temporary cutout/campaigns) can only be awarded through the process of open & transparent auction. All outdoor advertisement charges including that for Sky signs, directional boards, Streamers, Banners, Floats, Shop Board charges, temporary campaigns etc. displayed on the roads, shops or private, Government premises and within the city will be charged in accordance with the schedule of rates for each & every type of advertisement duly issued by the Authority (prevailing schedule of rates is appended as Annex ‘B’). Collection of all advertisement charges shall be made only at the Head Office i.e. Marketing Department of PHA in manner as the Authority may prescribe. EXPLANATION Clause-12 1. The rate for all type of advertisement, publicity signs in case of private land / buildings will be of the schedule ‘B’. 2. The details of categories A, B & C of roads are Annexed ‘C’. 3. The PHA may re-categorize any road as and when required. 4. The PHA reserve the rights to levy, enhance, reduce or change the schedule of rates in public interest at any time. INSPECTION / EXAMINATION Clause-13 The Authority may through its authorized official at any time; before approval of application received and during execution of work, before & after receipt of completion notice, inspect the installation. If on making any inspection, the Authority find that the advertisement substance contravenes any of the provisions of these Regulations, the official duly authorized by the Authority shall by written notice require the person (owner of building or applicant) within a period to be specified in such notice, to make such alteration as shall be specified in such notice with the object of bringing advertisement substance in conformity with the approval, specification and policy of PHA. The compliance so desired shall be executed within one weeks’ time. In the event of default, without further notice the sky sign, hoarding, streamers etc. shall be removed by the Authority at the risk & cost of advertiser/premises owner as the case may be. In case of detection/report of any illegal outdoor advertisement substance, the same shall be removed by PHA without any notice at the risk & cost of advertiser/owner that shall lead to confiscation of such material by PHA and the cost of which will be recovered through auction OR retuned on prescribed charges as determined by the Authority. MAINTENANCE OF SITES ADJOINING THE BOUNDARY WALL Clause-14 a) The owners/occupants of houses, shops, commercial buildings, cinemas, schools, clinics, banks, stores and petrol pumps etc. shall maintain the sites between their boundary walls and the road to ensure that: • Proper leveling / dressing of the site and keeping it 2-inches lower than the road level. • Turfing with plantation of trees / shrubs / ground covers and flowers. • Proper cleanliness and to keeping it free from littering. • Permanent fence will not be permitted growing of hedges, platform, barbed wire fencing and others barricades shall be avoided. PART III • In case the green verges are not properly maintained, as per specified requirement, the Authority shall undertake development / up keep and recover from the owner / occupant all development charges. • No land & Green Belt shall be used in a manner inconsistent with the use prescribed in PHA Regulations. • In case of dust, mulba, wild growth or litter etc lying at the said area, it will be termed as violation to PHA Regulations and the defaulters would be dealt with according to the provisions of the Act and PHA Regulations, However before taking any action, the Authority will issue a notice to the occupants to rectify the cause within 15 days. Director General Parks & Horticulture Authority • No.DG/PHA/PS/ Dated: • • A copy is forwarded for information to the: • Secretary to Chief Minister, Punjab. • PS to Minister H,UD&PHE Department • PS to Chief Secretary Punjab. • DCO Lahore • Chairman P&D Board, Punjab. • Secretary to Govt. of the Punjab, Finance Department. • PS to Secretary H,UD&PHE Department. • Commissioner Lahore Division, Lahore • Director General Lahore Development Authority. • Vice Chancellor, Horticulture Society of Pakistan. • All Administrative Secretaries, Govt. of the Punjab. • Superintendent, Punjab Printing Press, Government of Punjab for publication in the official gazette. • All Directors / Deputy Directors, Parks & Horticulture Authority. Thank You

[1][1]This Act was originally passed by the Provincial Assembly on 7^th day of June 2012 and was sent to the Governor for assent, but the Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly again passed it on 18^th day of July 2012. Since the Governor did not assent to the Bill within the stipulated period of ten days, the same was deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution and was published in the Punjab Gazette (Extraordinary), dated 30 July 2012, pages 409-16.

[2][2]Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014).

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

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