Updated: Monday December 02, 2013/AlEthnien
Muharram 29, 1435/Somavara
Agrahayana 11, 1935, at 05:43:55 AM
[1][1]The
(Pb. Ord. XXXIV of 1985)
[
An
Ordinance to provide for the preservation
of
certain premises in the
Preamble.— Whereas it is expedient to preserve certain
premises of historical, cultural and architectural value in the Punjab and to
control and regulate alterations therein and demolition and re-erection thereof
and for matters ancillary thereto;
NOW, THEREFORE, in pursuance of the Proclamation of the
fifth day of July, 1977, read with the Laws (Continuance in force) Order, 1977
(C.M.L.A. Order No. 1 of 1977), and the Provisional Constitution Order, 1981
(C.M.L.A. Order No. 1 of 1981), the Governor of the
1. Short title and commencement.— (1) This Ordinance may be called the Punjab
Special Premises (Preservation) Ordinance, 1985;
(2) It shall be extended to the whole of the
(3) It shall come into force at once.
2. Definition.— In this Ordinance unless the subject or
context otherwise requires,---
(a) “Special
Premises” means any premises of historical, cultural or architectural value
declared as such by the Government by notification and includes the land
externally appurtenant thereto and the outer walls thereof;
(b) “Committee”
means a Committee constituted under section 3(1) of this Ordinance.
3. Constitution of Committees.— (1) The Government may by notification
appoint one or more Committees for the purposes of this Ordinance which shall
perform such functions as the Government may determine.
(2) The Government or a Committee may
appoint a Committee of Experts to advise the Government or a Committee with
regard to matters relating to this Ordinance.
4. Ordinance to override other laws.— The provisions of this Ordinance shall have
effect notwithstanding anything to the contrary contained in any other law for
the time being in force.
5. Prohibition of destruction etc. of
Special Premises.— No
alteration in or renovation, demolition or re-erection of such portion of a
Special Premises as is visible from outside, or any part of such portion, shall
be effected without the prior permission in writing of the Government or a
Committee.
6. Restriction on sanctioning of plan.— No authority or local body shall approve any
plan in relation to a Special Premises without the prior permission of the
Government or a Committee and any such plan sanctioned before the coming into
force of this Ordinance shall be of no effect unless approved by the Government
or a Committee.
7. Prohibition of destruction etc. of
Special Premises.— No person
shall, except for carrying out the purposes of this Ordinance destroy, break,
damage, injure, deface or mutilate or scribble, write or engrave any
inscription or sign on such portion of a Special Building as is mentioned in
section 5.
8. Direction for restoration of original
position.— (1) If such work
as is mentioned in section 5 has been carried out in relation to a Special
Premises before the coming into force of this Ordinance or in contravention of
section 5,7 or 8 the Government or a Committee may by order direct the owner
thereof to restore it to its original position within such time as may be
specified in the order.
(2) If the owner fails to comply with the
order the Government or a Committee may take all necessary measures to give
effect to it and the expenses incurred for the purpose shall be recoverable
from the owner as arrears of land revenue.
9. Direction to the owner to take measures
for preservation of Special Premises.— (1) Where the Government or a Committee considers that any Special
Premises is not being preserved or conserved properly by its owner, the
Government or a Committee may, by order in writing, direct the owner to take
such measures for its proper preservation and conservation, and within such
time and on such terms and conditions as may be specified in the order.
(2) If the
owner fails to take the measures specified in the order referred to in
sub-section (1), the Government or a Committee may take all such measures in
respect of the Special Premises and the expenses incurred for the purposes
shall be recoverable from the owner as arrears of land revenue unless the
Government directs otherwise.
10. Compulsory acquisition of Special Premises.— If the Government apprehends that a Special
Premises is in danger of being destroyed, injured or allowed to fall into
decay, it may, acquire it or a part thereof under the Land Acquisition Act,
1894 (1 of 1894), as for a public purpose.
11. Execution of development schemes and new
constructions in proximity to Special Premises.— No development plan or scheme or new
construction on, or within a distance of two hundred feet of a Special Premises
shall be undertaken or executed except with the approval of the Government or a
Committee.
12. Prohibition of bill posting, neon signs,
other kinds of advertisements, etc.— No person shall put any neon signs or other kinds of advertisement,
including hoardings, bill postings, commercial signs, poles or pylons
electricity or telephone cables and television aerials, on or near any Special
Premises without the prior permission in writing of the Government or a
Committee.
13. Voluntary
contributions.— The Government may receive voluntary contributions and donations for
the acquisition, preservation or restoration of Special Premises and may make
suitable arrangements for the management and application of the money so
received:---
Provided
that a contribution or donation made for any specified purpose shall not be
applied to any purpose other than that for which it has been made.
14. Penalty.— (1) Whoever contravenes the provisions of this Ordinance or the rules
shall be liable to imprisonment which may extend to one year or with fine or
with both.
(2) The Court
trying an offence under sub-section (1) may direct that the whole or any part
of the fine recovered shall be applied for defraying the expenses of restoring
the Special Premises to the condition in which it was before the commission of
an offence relating thereto.
15. Jurisdiction to try offences.— No court shall take cognizance of an offence
punishable under this Ordinance except upon a complaint in writing made by an
officer generally or specially empowered in this behalf by the Government and
no Court inferior to that of a Magistrate of the first class shall try any such
offence.
16. Rules.—
The Government may frame rules to carry out the purposes of this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of the
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