PUNJAB HIGHWAYS ORDINANCE, 1959

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THE PUNJAB HIGHWAYS ORDINANCE, 1959 
(XXXII of 1959) 
CONTENTS 
CHAPTER I 
Preliminary 
1. Short title and extent. 
2. Definitions. 
CHAPTER II 
Highway Authorities 
3. Highway Authorities. 
4. Transfer of control from one Highway Authority to another. 
CHAPTER III 
Powers of Highway Authorities 
5. General powers of Highway Authorities. 
6. Encroachments etc. 
7. Certain works on highways. 
8. Restrictions on ribbon development on certain highways. 
9. Adoption of restriction of section 8 in respect of other highways. 
 10. Compensation. 
 11. Construction of access to road buildings on areas subject to restrictions 
under section 8 or section 9. 
 12. Temporary closure of highways. 
 13. Permanent closure of highways. 
 14. Interference or damage resulting from works on highways. 
 15. Regulation of classes of vehicles or animal using a highway. 
CHAPTER IV 
Improvement of Highways 
 16. Determination of building line. 
 17. Construction of buildings, etc., between highway and building line. 
 18. Acquisition of land. 
CHAPTER V 
Duties of highway users 
 19. Conformity with rules, signs and directions of officer regulating traffic. 
 20. Vehicles and animals to be stopped in certain cases. 
 21. Driving of vehicles and animals. 
 22. Adequate control and care of vehicles and animals. 
 23. Power to arrest without warrant. 
CHAPTER VI 
Procedure and Penalties 
 24. Cognizance of offence. 
 25. Penalties. 
25-A. 
CHAPTER VII 
Miscellaneous provisions 
 26. Persons deemed to be public servants. 
 27. Protection to persons taking action under the Ordinance. 
 28. Payment of compensation and its determination. 
 29. Power of Government to make rules. 
 30. Repeal and savings. 
 
TEXT 
1
THE 
2
[PUNJAB] HIGHWAYS ORDINANCE, 1959 
(XXXII of 1959) 
[23 May 1959] 
An 
Ordinance 
to consolidate and amend the law relating to highways in the Province of 
3
[the 
Punjab]. 
Preamble.– WHEREAS it is expedient to consolidate and amend the law relating to 
highways in the Province of 
4
[the Punjab]; 
 NOW, THEREFORE , in pursuance of the Presidential Proclamation of the 
seventh da y 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
[Punjab] 
Highways Ordinance, 1959.  
 
6
[(2) It extends to the whole of the Province of 
7
[the Punjab] , except the 
Tribal Areas.] 
2. Definitions.– In this Ordinance, unless the context otherwise requires, the 
following expressions shall have the meanings here by respectively assigned to 
them, that is to say– 
(a) “animal” includes any elephant, camel, horse, ass, mule and cattle; 
(b) “Government” means the 
8
[Provincial Government of the Punjab]; 
                                                           
1This Ordinance was promulgated by the Governor of West Pakistan on May 18, 1959 , published in the Gazette of West 
Pakistan (Extraordinary), dated May 23, 1959, pp. 437-455, saved and given permanent effect by Article 225 of the Constitution 
of the Islamic Republic of Pakistan (1962). 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.  14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, 
Part III, Serial No. 26. 
3Ibid. 
4Ibid. 
5Ibid. 
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West 
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 25. 
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.  14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, 
Part III, Serial No. 26. 
8Substituted for the words “Government of West Pakistan” by the Order ibid. 
(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– 
1
[(i)] all culverts, bridges and works of every description built on, 
under or across any highway; 
2
[(ii)] all adjacent berms and side drains within the bo undaries of any 
highway; 
 
3
[(iii)] all land included within the boundaries of any highway;  
4
[(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 draw n, 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 notifications, ap point 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 proceeding 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 highway, and in relation to the functions, of which 
                                                           
1Renumbered the “( a)” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976), published in the Punjab Gazette 
(Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 2. 
2Renumbered the “(b)” by the Act ibid. 
3Renumbered the “(c)” by the Act ibid. 
4Renumbered the “(d)” by the Act ibid. 
control is transferred, shall take effect as it if had been made on behalf of the 
Highway Authority assuming such control.  
CHAPTER III 
Powers of Highway Authorities 
5. General powers 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 provisions for the safe and  convenient use of such 
highway by the public, including drainage, lighting and road side 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.  
1
[6. Encroachments etc.– (1) No persons 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 th e 
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:  
                                                           
1Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), 
dated December 8, 1976, pp. 2713-2717, s. 3. 
(a) set up sign boards, advertisement hoarding or banners; or 
(b) deposit building material or other article s 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 efflue nt 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 of  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 repai ring 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 t o 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, pipe, 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. 
 
1
[(4) Any person contravening or causing the contravention of the provi sions 
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, 
                                                           
1Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII o f 1976), published in the Punjab Gazette (Extraordinary), 
dated December 8, 1976, pp. 2713-2717, s. 4(1). 
recover the cost thus incurred from the offender as hereinafter provided and 
confiscate any material recovered by the removal of the offending works.] 
 
1
[(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 rec overed as arrears of land 
revenue.] 
 (6) If any dispute arise s 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 
2
[sub-section] (1) 
3
[* *] , such dispute shal l 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 maintained by the 
4
[Highways 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.  
 
5
[Provided that the Government may, by notification, reduce the extent of 
restriction under the provisions of clause (b) in respect of any particular high way 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 o therwise 
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 
                                                           
1Ibid. 
2Substituted for the words “sub -sections” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the 
Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 4(3). 
3Omitted the comma, brackets, figures and word “, (2) and (3)” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976), 
published in the Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 4(3). 
4Substituted for the words “Provincial Public Works Department” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 
1976), published in the Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 5. 
5Added by th e Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), 
dated December 8, 1976, pp. 2713-2717, s. 5. 
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 objection s received within such period shall be 
taken into consideration by the Highway Authority, which may m odify 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 l ast 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 Go vernment 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 o f 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.– (1) If any person having any interest in land proves that his 
interest is injuriously affected by the imposition 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 com pensation under the last preceding sub -section for 
injury or damage shall be entertained unless the claimant furnishes satisfactory 
proof– 
(a) that proposals for development at the date of the claim for 
compensation are immediately practicable or would hav e 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 e nactment, 
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 access to road 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 conditi ons 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 highways .– When any high way or portion thereof is 
temporarily closed for repairs are for any other purpose connected with the functions 
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 Au thority 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, reasona ble 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 cause to such lands 
thereby.  
13. Permanent closure of highways .– (1) A Highway Authority, intending 
permanently to close a hi ghway 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 considerati on after making  such other enquir ies as it may deem 
necessary to e nsure that the proposed closure will not cause inco nvenience to the 
inhabitants of the affected area, on account of lack of alternative means of access to  
or movement within such area. 
 (4) Where inconveni ence as aforesaid is likely to result, the Highway 
Authority may nevertheless 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 with in thirty days of the last date of  the 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 a ppeal 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 
1
[Highways 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 par ties 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
2
, 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 b e 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 of the Highway Authority, to any existing means of access to 
such highway, or to any existing drain, water channel, pipe, cable (whethe r over 
head or under ground), 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 substitu tion, the Highway Authority may pay additional 
compensation in money; or  
                                                           
1Substituted for the words “Public Works Department, Buildings and Roads Branch” by the Punjab Highways (Amendment) Act, 
1976 (XVIII of 1976), published in the Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 6. 
2V of 1908. 
(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 a ction of the Highway Authority may 
apply to Government and it shall there upon refer the dispute for decision by 
arbitration.  
15. Regulation of classes of vehicles or animal using a highway .– (1) A 
Highway Authority may prohibit or restrict either permane ntly 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 a ffected 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 planni ng 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 n otice in the prescribed manner con taining 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, a nd 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 wi thin 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 
1
[appeal] to Government, and it shall thereupon refer the dispute for decisio n 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 acce ss 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 (in cluding 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 requi re 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 ef fected 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
2
. 
CHAPTER V 
Duties of highway users 
19. Conformity with rules, sig ns and directions of officer regulating traffic .– 
Every person using a highway, or who is in  charge 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 sig ns fixed on such highway and a ll lawful directions given to him by 
any police officer in uniform or other authorized 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 highwa y shall stop and remain stationa ry, and every person in charge of 
vehicle or animal on a highway shall cause such vehicle or an imal to stop and 
remain stationary, for so long as may be reasonably necessary– 
                                                           
1Substituted for the word “apply” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the  Punjab 
Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 7. 
2I of 1894. 
(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 animal 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 perso n, 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 a ddress, 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 authorized 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 animal s.– (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 vehi cle 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 p erson 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 th e police officer has 
reason to believe that he will abscond or otherwise avoid the service of 
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 
24. Cognizance of offence .– 
1
[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.] 
25. Penalties.– 
2
[(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 fi ne 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 sha ll 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.  
                                                           
1Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), 
dated December 8, 1976, pp. 2713-2717, s. 8. 
2Ibid., s. 9. 
 (4) In case the Court finds that i f 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 authorize the Highway Authority to remove the offending 
encroachment, structure, works etc, at the risk and cost of the offender.] 
1
[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 authorized 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 pl ace at the site of 
the offence. 
(ii) In case the Highway Author ity 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
2
.  
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 don e 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 ac count 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 
                                                           
1Added by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), 
dated December 8, 1976, pp. 2713-2717, s. 10. 
2XLV of 1860. 
branches, hedges and ot her 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 imm ediate 
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 highways;  
(f) the regulation of the loading of goods in vehicles 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 vehicles 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 vehicles 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 buildi ng line determined under section 16 is to be 
published.  
30. Repeal and savings.– (1) The following enactments are hereby repealed:– 
(a) The West Punjab Highways Act, 1948
1
. 
(b) The North –West Frontier Province Ribbon Development Prevention 
Act, 1946
2
. 
 (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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1West Pakistan VI of 1948. 
2N.W.F.P. XIII of 1946.