Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 03:48:01 PM
[1][1]The [2][2][
(W.P. Ordinance XXXII of
1959)
[23 May 1959]
An
Ordinance to consolidate and amend the law relating to highways in the province
of [3][3][the
Preamble.— WHEREAS it is expedient to consolidate and
amend the law relating to highways in the Province of [4][4][the
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:---
CHAPTER
I
PRELIMINARY
1. Short title and extent.— (1) This Ordinance may be called the [5][5][
[6][6][(2) It
extends to the whole of the Province of [7][7][the
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(a) “animal” includes any elephant, camel, horse,
ass, mule and cattle;
(b) “Government” means the [8][8][Provincial Government of the
(c) “highway” includes a
common and public highway and all roads, carriageways, cartways, streets and
lanes, together with any bridleways, footpaths and pavements adjacent thereto,
which have been constructed, or are maintained by Government or any local authority
or any other authority empowered in that behalf, and are designed and intended
for, or used by the general public for the passage of vehicles, and shall
further include—
[9][9][(i)] all culverts, bridges and works of every
description built on, under or across any highway;
[10][10][(ii)] all adjacent berms and side drains within the
boundaries of any highway;
[11][11][(iii)] all land included within the boundaries of any
highway; and
[12][12][(iv)] all fences, posts and trees on any highway;
(d) “prescribed” means prescribed by rules made
under this Ordinance;
(e) “vehicle” includes any wheeled conveyance
drawn, propelled or driven by any kind of power, including human and animal
power, but shall not include motor vehicles, unless the latter are expressly
included.
CHAPTER
II
HIGHWAY
AUTHORITIES
3. Highway
Authorities.— (1) Government may, by notification, appoint any person or persons to
be Highway Authority for a part of a highway or for one or more highways and
such authority shall be subject to such conditions and limitations as may be
specified in the notification.
(2) Where no Highway Authority is appointed
under the last preceding sub-section and the highway is not maintained by
Government, the local authority shall be deemed to be Highway Authority in
respect of all highways within its jurisdiction.
(3) Government
shall be Highway Authority for all highways and all purposes not specifically
provided for in the two preceding sub-sections.
4. Transfer
of control from one Highway Authority to another.— (1) Government may, by
notification, transfer control of any highway from itself as Highway Authority
to another Highway Authority, or from another Highway Authority either to
itself as Highway Authority or to some other Highway Authority, in regard to such
matters dealt with by this Ordinance, and on such conditions, as may be
specified in the notification.
(2) As from the date of a notification
issued under the last preceding sub-section any contract made prior to such
date by or on behalf of the superseded Highway Authority in respect of the
highways, and in relation to the functions of which control is transferred,
shall take effect as if it had been made on behalf of the Highways Authority
assuming such control.
CHAPTER
III
POWERS
OF HIGHWAY AUTHORITIES
5. General power of Highway Authorities.— Subject to the other provisions of this
Ordinance, a Highway Authority may—
(a) Lay out or make a highway
and do all works necessary thereto, and make necessary provision for the safe
and convenient use of such highways by the public, including drainage, lighting
and roadside trees;
(b) turn, divert or close any highway, or part
thereof either temporarily or permanently;
(c) widen, alter the level of, improve or repair
any existing highway under its control;
(d) fix the specification, alignment and point of
junction of any access roads connecting a highway with adjoining properties;
(e) utilize for any purpose
appropriate to its functions, land forming part of a highway which is not
actually required for the passage of traffic, and dispose of the natural
produce of such land; and
(f) regulate the kind, number, and speed of
vehicle using any highway or portion thereof by means of barriers, diversion
roads, and all other means whatsoever.
[13][13][6. Encroachments.— (1) No person shall,
except under the provision of sub-section (3), make any encroachment on or
above any highway by:
(a) erecting any structure whether temporary or
permanent, movable or immovable;
(b) setting up any fence, hedge, post, sign-board advertisement
hoarding or banner; or
(c) depositing or causing to be deposited building
material, goods for sale or any other articles.
(2) Any person who contravenes the
provisions of sub-section (1) shall be liable to prosecution under this
Ordinance, and the Highway Authority, may also, after giving notice, which
shall not be less than twenty-four hours, require the offender to remove the
encroachment and upon his failing to comply with such notice, itself remove the
encroachment and any material recovered from such encroachment shall stand
confiscated.
(3) A Highway Authority may, at its
discretion, with due regard to the safety and convenience of traffic on the
highway and subject to such conditions as it may impose and on payment of such
fees as it may fix, permit any person to:
(a) set up sign boards, advertisement hoarding or
banners; or
(b) deposit building material or other articles or
set up a scaffolding for a specified period not exceeding one month.
(4) No person shall cause or allow to be
caused, dumping, collection or letting loose of rubbish, industrial waste,
waste water, sullage, industrial effluent or any other such matter on a
highway.]
7. Certain
works on highways.— (1) A Highway Authority may carry any cable, wire, pipe,
drain, sewer or channel of any kind through, across, under or over any highway
under its control, and after giving reasonable notice in writing to the owner
or occupier, into, through, across, under, over or up the side of any land or
building situated within the boundaries or such highway, for the purpose of
establishing telephonic or other similar communication, or of carrying out and
establishing or maintaining any system of lighting drainage or sewerage or any
purpose connected with the upkeep, maintenance or betterment of such highway,
and may at all times do all acts and things which may be necessary or expedient
for repairing and maintaining any such cable, wire, pipe, drain, sewer or
channel in an effective state:
Provided
that no nuisance more than is necessarily caused by the proper execution of the
work is created by any such operation, and that where damage is done to any
land or building which is not owned by the Highway Authority, reasonable
compensation shall be paid to the owner or occupier of such property in respect
of such damage.
(2) Notwithstanding anything contained in
any other law for the time being in force no person or authority shall do any
of the following acts, namely:-
(a) open or break up the surface of any highway;
or
(b) construct or carry any
cable, wire, pipe, drain, sewer or channel of any kind, through, across, under
or over any highway; or
(c) within the boundaries of any highway, repair
or alter or execute any works on, or in relation to, any existing cable, wire,
drain, sewer or channel of any kind, running through, across, under or over
such highway;
unless such person or authority shall have
first obtained the consent to the proposed work of the appropriate Highway
Authority.
(3) In giving
its consent under the last preceding sub-section, a Highway Authority may
impose such conditions as it may deem to be necessary and consistent with the
performance of its duty as such Highway Authority, and may impose a rent or
other charge for any land forming part of the highway occupied by or applied to
the proposed work.
[14][14][(4) Any
person contravening or causing the contravention of the provisions of
sub-section (1) shall be liable to prosecution under the provisions of this
Ordinance and the Highways Authority may, also without giving any notice to the
offender, remove the offending works, restore the highway to its former
condition, recover the cost thus incurred from the offender as hereinafter
provided and confiscate any material recovered by the removal of the offending
works.
(5) The cost recoverable under sub-section (4)
shall be such sum as may be determined to be the actual cost by the Highway
Authority. The Highway Authority may require the offender through a demand
notice to pay the cost within a reasonable period not exceeding fifteen days
and in case he fails to make the payment within the specified period, the cost
shall be recovered as arrears of land revenue.]
(6) If any dispute arises between the
Highway Authority and any other authority or person, out of or in relation to
the exercise of the powers of such Highway Authority under [15][15][sub-section] (1), [16][16][* * *] such dispute shall be referred to
arbitration.
8. Restrictions on ribbon development on
certain highways.— (1) As
respects all highways which on or after the date of the coming into operation
of this Ordinance are maintained by the [17][17][Highway Department] or are provincial
property maintained by local bodies, the following restrictions shall apply,
that is to say, it shall not be lawful without the consent of the Highway
Authority:-
(a) to construct or layout any
means of access to or from the highway;
(b) to erect any building upon land within two
hundred and twenty feet from the middle of the highway:
[18][18][Provided that the Government may, by notification,
reduce the extent of restriction under the provisions of clause (b) in respect of any particular highway
or part thereof.]
(2) No restrictions in force under the last
preceding sub-section shall apply in relation to—
(a) any building which is used or intended to be
used mainly or exclusively for purposes relating to cultivation of land
adjacent thereto otherwise than as a dwelling house;
(b) any works begun before the date of the coming
into operation of this Ordinance or any works carried out in accordance with a
permission granted by any competent authority before that date;
(c) any highway in respect of which a building
line has been determined in accordance with section 16.
9. Adoption
of restriction of section 8 in respect of other highways.— (1) A Highway Authority
may, in the manner provided hereunder, propose to adopt the restrictions
referred to in the last preceding section as respects any highway to which the
said restrictions do not of their own force apply.
(2) The proposal shall be notified in the
manner provided in section 13 for the publication of notices of closure of
highways and in such detail as may be prescribed inviting objections to the
proposal to be filed within, a period of thirty days from the date of
publication, and all objections received within such period shall be taken into
consideration by the Highway Authority, which may modify the proposal, or if it
finds that in consequence of any objection the proposal is impracticable, may
abandon it.
(3) If the Highway Authority decides to
proceed with the proposal it shall forward it, with modifications, if any, as
provided by the last preceding sub-section to Government; and Government may
after such further enquiry as may be considered necessary reject the proposal
or approve it with such further modifications as it may deem fit to make.
(4) The proposal as finally approved by
Government shall be published in the Gazette, and from the date of such
publication, the restriction contained in sub-section (1) of section 8 shall apply
to the highway specified in the proposal.
(5) If a building line is determined under
the provisions of section 16 in respect of any highway to which in accordance
with this section, the restrictions contained in section 8 have been applied,
the said restrictions shall cease to have effect from the date on which such
building line is determined.
10. Compensation.— If any person having any interest in land
proves that his interest is injuriously affected by the impositions of
restrictions by or under the provisions of section 8 or section 9, he shall be
entitled to recover from the Highway Authority compensation for any injury or
damage to such interest.
Explanation— For the purpose of this section the
expression “interest in land” shall mean the interest vested in such person on
the day the aforesaid restrictions came into force.
(2) No claim for compensation under the last
preceding sub-section for injury or damage shall be entertained unless the
claimant furnishes satisfactory proof—
(a) that proposal for development at the date of
the claim for compensation are immediately practicable or would have been so if
this Ordinance had not been passed; and
(b) that there is a demand for such development.
(3) No compensation shall be payable for any
injury or damage in so far as the land is subject to a substantially similar
restriction under some other enactment, or where compensation in respect of
some substantially similar restriction in force under this or any other
enactment has already been paid.
(4) Subject
to the other provisions of this section, compensation to be awarded shall be a
sum by which the market value of the interest in land is reduced as a result of
restrictions imposed under section 8 or section 9.
11. Construction
of means of access to or buildings on areas subject to restrictions under
section 8 or section 9.— Any person wishing to obtain the consent of the Highway
Authority to construct or layout a means of access to or from or to construct a
building within two hundred and twenty feet of the middle of any highway, to
which restrictions have been applied by or under section 8 or section 9 shall
apply in writing to the Highway Authority and shall furnish with his
application such plans and other particulars as may be prescribed and the
Highway Authority may refuse to grant the application or may grant the
application subject to such conditions as it may deem fit to impose:
Provided
that the application shall not be deemed to have been sanctioned by reason that
no order refusing it is passed by the Highway Authority despite the lapse of
time.
12. Temporary
closure of highway.— When any highway or portion thereof is temporarily
closed for repairs or for any other purpose connected with the function of the
Highway Authority under this Ordinance in such manner as to interfere with the
passage of traffic, it shall be the duty of the Highway Authority to set up
such notices as may be prescribed at each end of the closed portion, and the
Highway Authority may also announce the fact by such other means as it may deem
proper; and the Highway Authority shall further provide, so far as may be,
reasonable means of access to the open portion of the highway from the
adjoining areas which have been deprived of access by such closure, as well as
a reasonable passage for through traffic, and may, for these purposes, make
temporary access or diversion roads through contiguous lands, after giving
reasonable notice to the owner thereof and shall pay reasonable compensation
for any damage caused to such lands thereby.
13. Permanent
closure of highways.— (1) A Highway Authority, intending permanently to close
a highway or any portion of a highway, shall give notice of its intention, in
the Gazette, as well as by publication in one or more newspapers circulating in
the affected area or by display of notices at conspicuous places in such area,
or by both these methods.
(2) The notice shall invite objections to
the proposed closure within a period of not less than a month from the date of
publication.
(3) In arriving
at its decision, the Highway Authority shall take all such objections into
consideration after making such other enquiries as it may deem necessary to
ensure that the proposed closure will not cause inconvenience to the
inhabitants of the affected area on account of lack of alternative means of
access to or movement within such area.
(4) Where inconvenience as aforesaid is
likely to result, the Highway Authority nevertheless may close the highway
provided that it is satisfied that an alternative highway or highways, whether
previously existing or newly constructed by itself, will more satisfactorily
meet the general requirements of the area than the highway proposed to be
closed.
(5) A decision by a Highway Authority to
close a highway or portion thereof shall be published in the manner provided
for publication of notices under sub-section (1) and within thirty days of the
last date of publication two or more persons who are aggrieved by such
decision, and have obtained the consent in writing of the Advocate-General, may
appeal to Government against such decision.
(6) Government shall refer such appeal for
decision to a Tribunal which shall be composed of a President who shall be a
Judge of the High Court to be nominated by the Chief Justice and two members to
be nominated by Government one of whom shall be an official of the [19][19][Highway Department], not below the rank of
Executive Engineer, and the other shall be a person who has for at least ten
years been an Advocate of a High Court.
(7) The Tribunal shall have all the powers
of a Civil Court for the purpose of compelling the attendance of parties and
witnesses and the production of documents and subject to rules that may be made
in this behalf, the proceedings before the Tribunal shall be conducted, as
nearly as may be, in the manner provided by the Code of Civil Procedure, 1908[20][20], for the trial of civil suits.
(8) At the conclusion of the proceedings the
Tribunal shall report its findings to Government, which shall transmit such
report to the Highway Authority with instructions to act in accordance
therewith:
Provided
that if Government considers that the report requires reconsideration in
respect of any matter, it may refer such matter to the Tribunal for further
consideration and the Tribunal may, after such further enquiry as it may think
fit, modify its finding in respect of such matter or may confirm such finding.
(9) The costs of the proceedings shall be
paid in accordance with such direction as may be made in that behalf by the
Tribunal, and shall be recoverable as an arrear of land revenue.
(10) When a highway is closed under the provisions
of this section, any person who on the date of first publication of a notice
under sub-section (1), owned an interest in land or immovable property, and
proves that such interest has been directly and injuriously affected by such
closure shall be entitled to recover reasonable compensation for such injury
from the Highway Authority, and in the event of dispute as to the amount of
such compensation such dispute shall be referred to arbitration.
14. Interference or damage resulting from works
on highways.— (1) If any
interference or damage is caused by reason of any work on a highway which is
done by order of the Highway Authority, to any existing means of access to such
highway, or to any existing drain, water channel, pipe, cable (whether overhead
or underground), tramway or railway line, then—
(a) if it be possible, the interference or damage
shall be remedied by the restoration of the thing interfered with or damaged,
to its previous position and condition at the cost of the Highway Authority; or
(b) if
such restoration be not possible, such thing shall at the cost of the Highway
Authority be replaced by another providing as nearly as may be the same
facility, provided that if there be appreciable diminution of utility by such
substitution, the Highway Authority may pay additional compensation in money;
or
(c) if neither restoration nor substitution be
possible then reasonable compensation shall be paid to persons interested by
the Highway Authority.
(2) Any person aggrieved by the action of
the Highway Authority may apply to Government and it shall thereupon refer the
dispute for decision by arbitration.
15. Regulation
of classes of vehicles or animals using a highway.— (1) A Highway Authority
may prohibit or restrict either permanently or temporarily, the taking of any
class of vehicles or animals over a highway or any part thereof, if such
prohibition or restriction is, in its opinion, necessary for the public safety
or convenience, or for any other sufficient reason.
(2) Such prohibition or restriction shall be
notified by display of notices at prominent places along the effected highway
and where it is intended to be permanent shall also be notified by publication
in the Gazette and at least in one newspaper circulating in the locality.
CHAPTER
IV
IMPROVEMENT
OF HIGHWAYS
16. Determination of building line.— (1) In respect of any such highway specified
in section 8, or for which the provisions contained in section 8 have been
adopted under section 9, the Highway Authority may determine a building line,
along one or both sides of such highway, after enquiry, in the manner
hereinafter described.
(2) A building line shall not be proposed
unless the Highway Authority shall have first examined and taken into
consideration, any planning scheme proposed, prepared or enforced in the same
vicinity by the local authority and shall first have consulted with such local
authority in that behalf.
(3) When a Highway Authority proposes to
determine a building line as aforesaid, it shall give notice in the prescribed
manner containing such details of the proposal as it may deem necessary,
provided that it shall not be necessary to include a plan of the proposed building
line in such notice, but a copy or copies of such plan shall be deposited and
shall be available for public inspection for a period of not less than thirty
days, at one or more places in or near the affected locality, which shall be
specified in such notice.
(4) The notice shall invite objections to
the proposals to be filed within a period of three months from the date of
publication and all objections received within such period shall be taken into
consideration by the Highway Authority in arriving at its decision.
(5) The building line so determined by the
Highway Authority shall be published in the manner prescribed and shall come
into effect from the date of such publication.
(6) Any person aggrieved by the decision of
the Highway Authority may [21][21][appeal] to Government, and it shall
thereupon refer the dispute for decision by arbitration.
17. Construction
of buildings, etc., between highway and building line.— (1) Except as provided
by this or any other enactment, it shall not be lawful without the consent of
the Highway Authority to construct or lay out any means of access to or from
the highway, to erect or re-erect any building, to make any excavation or to
construct from or layout any works, upon land lying between a building line and
the highway in respect of which it has been determined.
(2) Should
any building (including a wall) or any part thereof lie within the prohibited
area, as defined in the last preceding sub-section, the Highway Authority may,
whenever such building or part has been either entirely or in greater part
burnt or has fallen down, by notice require such building or part when being
rebuilt, to be set back to the building line, and if the portion of land thus
rendered vacant is included within the boundaries of the highway in relation to
which such building line has been determined, such portion shall become part of
the highway:
Provided that the Highway Authority shall pay
compensation to the owner of such portion of land or of the building which
existed thereon for any damage caused to him by the setting back of the
building.
18. Acquisition of land.— (1) A Highway Authority may acquire any land
situated between a building line and the highway to which it relates, if in its
opinion, such acquisition is necessary for the construction or improvement of
the highway.
(2) If the purchase cannot be effected by
agreement, the Highway Authority may certify that the land is required for the
construction or, as the case may be, the improvement of a highway, and
thereafter acquisition may be effected under the Land Acquisition Act, 1894.
CHAPTER
V
DUTIES
OF HIGHWAY USERS
19. Conformity with rules, signs and directions
of officer regulating traffic.—
Every person using a highway, or who is incharge of a vehicle or animal on a
highway shall himself conform, and shall cause any such vehicle or animal as
aforesaid to conform, to such general rules of traffic as may be prescribed and
shall obey all traffic signs fixed on such highway and all lawful directions
given to him by any police officer in uniform or other authorised person for
the time being engaged in the regulating of traffic.
20. Vehicles and animals to be stopped in
certain cases.— (1) Every
person using a highway shall stop and remain stationery, and every person
incharge of a vehicle or animal on a highway shall cause such vehicle or animal
to stop and remain stationery, for so long as may be reasonably necessary—
(a) when
required to do so by a police officer in uniform or by any authority lawfully
empowered in this behalf under this Ordinance or which is lawfully empowered to
levy a toll or tax;
(b) when required to do so by any person in charge
of any animal, if such person apprehends that the animals in his charge being
alarmed will become unmanageable; and
(c) when
the vehicle or animal is involved in the occurrence of any accident to any
person, animal or vehicle, or damage to any property, whatever be the cause of
such accident or damage.
(2) When any accident or damage such as is
mentioned in clause (c) of the last
preceding sub-section occurs, the person in charge of the vehicle or animal
shall be bound on enquiry to give on the spot his own name and address and if
he is not the owner, the name and address of the owner of such vehicle or
animal to a police officer, or any other authorised person, and shall also be
bound to state these particulars to any person who sustains loss, damage, or
injury on account of such accident or damage, provided that such other person
also states his own name and address, and any person who was a witness to the
occurrence shall be bound to state his name and address, on demand by the
person in charge of the vehicle or animal or by any person who has sustained
loss, damage or injury in the occurrence, or by any police officer or other authorised
person.
(3) In a case of accident or damage as
aforesaid, if any person is injured the person in charge of the vehicle or
animal shall, unless he be himself incapacitated by injury sustained in the
same occurrence—
(a) take all reasonable steps, such as may appear
necessary, to secure medical attention for the person injured; and
(b) if no police officer or other authorised
person be present at the spot, report the occurrence at the nearest police
station as soon as possible and in any case, within twenty-four hours of the
occurrence.
21. Driving of vehicles and animals.— (1) No person shall himself proceed on a
highway or drive any vehicle or animal on a highway so as by such driving or
the manner thereof to endanger human life, or be likely to cause hurt to any
other person.
(2) No person
shall drive a vehicle or an animal on a highway when he is under the influence
of drink or a drug to such an extent as to be incapable of exercising proper
control over such vehicle or animal.
22. Adequate control
and care of vehicles and animals.— (1) No person in charge of a vehicle or animal
shall cause or allow it to remain on any highway, whether at rest or in motion,
in such a condition or in such circumstances, as to cause or be likely to cause
danger, obstruction, or undue inconvenience to other users of the highway.
(2) If a vehicle or animal is found
abandoned or unattended on a highway, the Highway Authority may remove and
impound it, and the cost of such removal and any maintenance provided by the Highway
Authority shall be recoverable from the owner thereof.
(3) If no person appears to claim the
property within seven days of such seizure, the Highway Authority may sell the
vehicle or animal by auction, and recover such expenses from the proceeds, and
the balance, if any, shall be payable on application to the person entitled.
23. Power to arrest without warrant.— (1) A police officer in uniform may arrest
without warrant,—
(a) any person who in his view commits a
contravention of section 21, provided that if the contravention be of
sub-section (2) of section 21, the person arrested shall be subjected to
medical examination within two hours of his arrest, and shall then be released
from custody;
(b) any person concerned or reasonably suspected
of being concerned in a contravention of any provision of this Chapter, if the
police officer has reason to believe that he will abscond or otherwise avoid
the service of a summons; or
(c) any person who, being required under the
provisions of this Ordinance, to give his name and address refuses to do so, or
gives a name and address which the police officer has reason to believe to be
false.
(2) A police officer arresting the driver of
a vehicle or a person in charge of an animal under the provisions of this section
shall take or cause to be taken reasonable and necessary steps for the safe
custody of the vehicle or animal.
CHAPTER
VI
PROCEDURE AND PENALTIES
[22][22][24. Cognizance of offences.— In addition to any
specific provision made elsewhere in this Ordinance any contravention of the
provisions of sections 6,7,8 and 17(1) shall be the offence which will be
cognizable.]
[23][23][25. Penalties.— (1) Whoever contravenes any provision of
this Ordinance or any rules made thereunder or any lawful order passed by a Highway
Authority under the provisions of this Ordinance, shall be punished with fine
which may extend to five hundred rupees.
(2) Notwithstanding the provisions of
sub-section (1), whoever contravenes the provisions of section 6,7,8 and 17 (1)
shall be punished with imprisonment which may extend to three months or with
fine which shall not be less than five hundred rupees or with both.
(3) In case
of conviction, the Court shall, in addition to the penalty imposed under
sub-section (2) order the removal of the offending encroachment, structure,
works, or other such articles, within a specified period not exceeding fifteen
days and if the offender fails to comply with the order, he shall be deemed to
be guilty of committing a continuing offence for which the minimum punishment
shall be imprisonment.
(4) In case the Court finds that it is
physically not possible for the offender to comply with the order passed under
sub-section (3) or the offender fails to comply with it, the Court shall
authorise the Highway Authority to remove the offending encroachment,
structure, works, etc., at the risk and cost of the offender.]
[24][24][25-A. All
notices under this Ordinance, shall be served in the following manner:-
(i) In
case the identity of the offender is known, the notice shall be served on him
or on his known authorised representative or on the person found to be
representing him at the site of occurrence of the offence personally and if
these persons be not available or traceable or refuse to receive the notice, by
affixation at a conspicuous place at the site of the offence.
(ii) In
case the Highway Authority is satisfied that the identity of the offender
cannot be ascertained, a notice with the heading “To whom it may concern”
affixed at a conspicuous place at the site of offence shall be deemed to have
been served on the offender.]
CHAPTER
VII
MISCELLANEOUS
PROVISIONS
26. Persons deemed to be public servants.— All persons acting under the authority of
Government or of any Highway Authority in the carrying out of any of the
provisions of this Ordinance or of the rules made thereunder shall be deemed to
be public servants within the meaning of section 21 of the Pakistan Penal Code.
27. Protection to persons taking action under
the Ordinance.— No suit,
prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done under or in
pursuance of this Ordinance or any rules made thereunder.
28. Payment of compensation and its
determination.— (1) Except
as specifically provided by this Ordinance, no compensation shall be payable to
any person, on account of any order made, or any restriction imposed or any act
performed by a Highway Authority.
(2) Where the amount of compensation payable
cannot be agreed upon it shall be determined by arbitration.
29. Power of Government to make rules.— (1) Government may after previous
publication make rules for the purpose of carrying into effect the provisions
of this Ordinance.
(2) In particular, and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(a) the
prevention of obstruction to the free and rapid movement of traffic on
highways, including obstruction to the vision of persons driving vehicles
(including motor vehicles) constituted by trees and their branches, hedges and
other vegetation, growing on or overhanging a highway;
(b) the
prevention of nuisances by the discharge of sullage water or the deposit of
matter which is offensive or injurious to health, or the carrying on of
dangerous or offensive trades, on or in the immediate vicinity of a highway;
(c) the
regulation of the exhibition of advertising matter on highways and along the
boundaries thereof;
(d) the
regulation of the use of sound amplifying apparatus on or in the immediate
vicinity of a highway;
(e) the
regulation of the grazings of animals on areas included within the boundaries
of a highway;
(f) the
regulation of the loading of goods in vehicle on or in the immediate vicinity
of a highway;
(g) the
regulation or prohibition of the use of the whole or part of a highway by
pedestrians or animals;
(h) the
carrying or wearing by all or any vehicle or animal using a highway of a horn
or bell, or other contrivance for giving audible warning of their approach or
position;
(i) the
carrying by all or any vehicle of lamps and reflectors and the regulation of
the use thereof;
(j) the
regulation of the design of goods vehicles (including the materials and width
of their tyres), and the maximum load to be carried thereon;
(k) the
fixing of the maximum weight of vehicles which may use a bridge or any class of
bridges, forming part of highway;
(l) the
types of traffic signs which are to be employed on highways;
(m) the proper provision and
maintenance of highways, and the safe, convenient and orderly movement of
traffic thereon;
(n) the
particulars to be entered in a notification of a proposal published under
sub-section (2) of section 9;
(o) the
plans and particulars required to be furnished by any person making application
under section 11;
(p) the
notices of temporary closure to be set up under section 12;
(q) the
procedure to be followed by the Tribunal appointed under section 13;
(r) the
manner in which notice of a proposal to determine a building line under section
16 is to be given; and
(s) the manner in which building line determined
under section 16 is to be published.
30. Repeal and savings.— (1) The following enactments are hereby
repealed:-
(a) The
(b) The
(2) Notwithstanding
the repeal of the enactments mentioned in the last preceding sub-section,
everything done and all action taken, obligation, liability, penalty or
punishment incurred, inquiry or proceeding commenced, officer appointed or
person authorised, jurisdiction or power conferred, rule made and notification
issued under any of the provisions of the said enactments shall, if not
inconsistent with the provisions of this Ordinance, continue in force and be
deemed to have been respectively done, taken, incurred, commenced, appointed,
authorised, conferred, made or issued under this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 18th May, 1959; published in
the West Pakistan Gazette (Extraordinary), dated 23rd May, 1959, pages 437-455;
saved and given permanent effect by Article 225 of the Constitution of the
Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Substituted by the West
Pakistan Laws (Extension to
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[9][9]Substituted for “(a)” by the
[10][10]Substituted, ibid. for “(b)”.
[11][11]Ibid.,
for “(c)”.
[12][12]Ibid.,
for “(d)”.
[13][13]Substituted by the
[14][14]Substituted by the
[15][15]Substituted, for the word
“sub-sections”, by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976).
[16][16]The figures “(2) and (3)”,
deleted ibid.
[17][17]Substituted ibid., for “Provincial Public Works
Department”.
[18][18]Added ibid.
[19][19]Substituted by the
[20][20]V of 1908.
[21][21]Substituted by the Punjab
Highways (Amendment) Act, 1976 (XVIII of 1976), for the word “apply”.
[22][22]Substituted by the
[23][23]Ibid.
[24][24]Added ibid.
[25][25]
[26][26]N.W.F.P. XIII of 1946.
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