{ "schema_version": "qanun-law-text/1", "id": "punjab-code-0480435b37149941", "title": "PUNJAB HIGHWAYS ORDINANCE, 1959", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ATRVZlRlV28-", "version": null, "source_snapshot": "2026-08-06T16:56:58Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "157d1954464615f48b3dcee8bf9d0b0f42a89128a5c55d91a7ed47ced9a9cd1f", "source_sha256": "157d1954464615f48b3dcee8bf9d0b0f42a89128a5c55d91a7ed47ced9a9cd1f", "text_version_id": "law:punjab-code-0480435b37149941:sha256:157d1954464615f48b3dcee8bf9d0b0f42a89128a5c55d91a7ed47ced9a9cd1f", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB HIGHWAYS ORDINANCE, 1959 \r\n(XXXII of 1959) \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title and extent. \r\n2. Definitions. \r\nCHAPTER II \r\nHighway Authorities \r\n3. Highway Authorities. \r\n4. Transfer of control from one Highway Authority to another. \r\nCHAPTER III \r\nPowers of Highway Authorities \r\n5. General powers of Highway Authorities. \r\n6. Encroachments etc. \r\n7. Certain works on highways. \r\n8. Restrictions on ribbon development on certain highways. \r\n9. Adoption of restriction of section 8 in respect of other highways. \r\n 10. Compensation. \r\n 11. Construction of access to road buildings on areas subject to restrictions \r\nunder section 8 or section 9. \r\n 12. Temporary closure of highways. \r\n 13. Permanent closure of highways. \r\n 14. Interference or damage resulting from works on highways. \r\n 15. Regulation of classes of vehicles or animal using a highway. \r\nCHAPTER IV \r\nImprovement of Highways \r\n 16. Determination of building line. \r\n 17. Construction of buildings, etc., between highway and building line. \r\n 18. Acquisition of land. \r\nCHAPTER V \r\nDuties of highway users \r\n 19. Conformity with rules, signs and directions of officer regulating traffic. \r\n 20. Vehicles and animals to be stopped in certain cases. \r\n 21. Driving of vehicles and animals. \r\n 22. Adequate control and care of vehicles and animals. \r\n 23. Power to arrest without warrant. \r\nCHAPTER VI \r\nProcedure and Penalties \r\n 24. Cognizance of offence. \r\n 25. Penalties. \r\n25-A. \r\nCHAPTER VII \r\nMiscellaneous provisions \r\n 26. Persons deemed to be public servants. \r\n 27. Protection to persons taking action under the Ordinance. \r\n 28. Payment of compensation and its determination. \r\n 29. Power of Government to make rules. \r\n 30. Repeal and savings. \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] HIGHWAYS ORDINANCE, 1959 \r\n(XXXII of 1959) \r\n[23 May 1959] \r\nAn \r\nOrdinance \r\nto consolidate and amend the law relating to highways in the Province of \r\n3\r\n[the \r\nPunjab]. \r\nPreamble.– WHEREAS it is expedient to consolidate and amend the law relating to \r\nhighways in the Province of \r\n4\r\n[the Punjab]; \r\n NOW, THEREFORE , in pursuance of the Presidential Proclamation of the \r\nseventh da y of October 1958, and in exercise of all powers enabling him in that \r\nbehalf, the Governor of West Pakistan is pleased to make and promulgate the \r\nfollowing Ordinance:- \r\nCHAPTER I \r\nPreliminary \r\n1. Short title and extent .– (1) This Ordinance may be called the \r\n5\r\n[Punjab] \r\nHighways Ordinance, 1959. \r\n \r\n6\r\n[(2) It extends to the whole of the Province of \r\n7\r\n[the Punjab] , except the \r\nTribal Areas.] \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings here by respectively assigned to \r\nthem, that is to say– \r\n(a) “animal” includes any elephant, camel, horse, ass, mule and cattle; \r\n(b) “Government” means the \r\n8\r\n[Provincial Government of the Punjab]; \r\n \r\n1This Ordinance was promulgated by the Governor of West Pakistan on May 18, 1959 , published in the Gazette of West \r\nPakistan (Extraordinary), dated May 23, 1959, pp. 437-455, saved and given permanent effect by Article 225 of the Constitution \r\nof the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, \r\nPart III, Serial No. 26. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West \r\nPakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 25. \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, \r\nPart III, Serial No. 26. \r\n8Substituted for the words “Government of West Pakistan” by the Order ibid. \r\n(c) “highway” includes a common and public highway and all roads, \r\ncarriageways, cartways, streets and lanes, together with any \r\nbridleways, footpaths and pavements adjacent thereto, which have \r\nbeen constructed, or are maintained by Government or any local \r\nauthority or any other authority empowered in that behalf, and are \r\ndesigned and intended for, or used by, the general public for the \r\npassage of vehicles, and shall further include– \r\n1\r\n[(i)] all culverts, bridges and works of every description built on, \r\nunder or across any highway; \r\n2\r\n[(ii)] all adjacent berms and side drains within the bo undaries of any \r\nhighway; \r\n \r\n3\r\n[(iii)] all land included within the boundaries of any highway; \r\n4\r\n[(iv)] all fences, posts and trees on any highway; \r\n(d) “prescribed” means prescribed by rules made under this Ordinance; \r\n(e) “vehicle” includes any wheeled conveyance draw n, propelled or driven \r\nby any kind of power, including human and animal power, but shall not \r\ninclude motor vehicles, unless the latter are expressly included. \r\nCHAPTER II \r\nHighway Authorities \r\n3. Highway Authorities .– (1) Government may, by notifications, ap point any \r\nperson or persons to be Highway Authority for a part of a highway or for one or more \r\nhighways and such authority shall be subject to such conditions and limitations as \r\nmay be specified in the notification. \r\n (2) Where no Highway Authority is appointed under the last preceding sub-\r\nsection and the highway is not maintained by Government, the local authority shall \r\nbe deemed to be Highway Authority in respect of all highways within its jurisdiction. \r\n (3) Government shall be Highway Authority for all highways and all \r\npurposes not specifically provided for in the two proceeding sub-sections. \r\n4. Transfer of control from one Highway Authority to another .– (1) \r\nGovernment may, by notification, transfer control of any highway from itself as \r\nHighway Authority to another Highway Authority, or from another Highway Authority \r\neither to itself as Highway Authority or to some other Highway Authority, in regard to \r\nsuch matters dealt with by this Ordinance, and on such conditions, as may be \r\nspecified in the notification. \r\n (2) As from the date of a notification issued under the last preceding sub -\r\nsection any contract made prior to such date by or on behalf of the superseded \r\nHighway Authority in respect of the highway, and in relation to the functions, of which \r\n \r\n1Renumbered the “( a)” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976), published in the Punjab Gazette \r\n(Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 2. \r\n2Renumbered the “(b)” by the Act ibid. \r\n3Renumbered the “(c)” by the Act ibid. \r\n4Renumbered the “(d)” by the Act ibid. \r\ncontrol is transferred, shall take effect as it if had been made on behalf of the \r\nHighway Authority assuming such control. \r\nCHAPTER III \r\nPowers of Highway Authorities \r\n5. General powers of Highway Authorities.– Subject to the other provisions of \r\nthis Ordinance, a Highway Authority may– \r\n(a) lay out or make a highway and do all works necessary thereto, and \r\nmake necessary provisions for the safe and convenient use of such \r\nhighway by the public, including drainage, lighting and road side trees; \r\n(b) turn, divert or close any highway or part thereof either temporarily or \r\npermanently; \r\n(c) widen, alter the level of, improve or repair any existing highway under \r\nits control; \r\n(d) fix the specification, alignment and point of junction of any access \r\nroads connecting a highway with adjoining properties; \r\n(e) utilize for any purpose appropriate to its functions, land forming part of \r\na highway which is not actually required for the passage of traffic, and \r\ndispose of the natural produce of such land; and \r\n(f) regulate the kind, number, and speed of vehicle using any highway or \r\nportion thereof by means of barriers, diversion roads, and all other \r\nmeans whatsoever. \r\n1\r\n[6. Encroachments etc.– (1) No persons shall, except under the provision of \r\nsub-section (3), make any encroachment on or above any Highway by: \r\n(a) erecting any structure whether temporary or permanent, movable or \r\nimmovable; \r\n(b) setting up any fence, hedge, post, sign -board, advertisement hoarding \r\nor banner; \r\nOR \r\n(c) depositing or causing to be deposited building material, goods for sale \r\nor any other articles. \r\n (2) Any person who contravenes the provisions of sub -section (1) shall be \r\nliable to prosecution under this Ordinance, and the Highway Authority, may also, \r\nafter giving notice, which shall not be less than twenty four hours, require th e \r\noffender to remove the encroachment and upon his failing to comply with such \r\nnotice, itself remove the encroachment and any material recovered from such \r\nencroachment shall stand confiscated. \r\n (3) A Highway Authority may, at its discretion, with due regard to the safety \r\nand convenience of traffic on the highway and subject to such conditions as it may \r\nimpose and on payment of such fees as it may fix, permit any person to: \r\n \r\n1Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), \r\ndated December 8, 1976, pp. 2713-2717, s. 3. \r\n(a) set up sign boards, advertisement hoarding or banners; or \r\n(b) deposit building material or other article s or set up a scaffolding for a \r\nspecified period not exceeding one month. \r\n (4) No person shall cause or allow to be caused, dumping, collection or \r\nletting loose of rubbish, industrial waste, waste water, sullage, industrial efflue nt or \r\nany other such matter on a highway.] \r\n7. Certain works on highways .– (1) A Highway Authority may carry any cable, \r\nwire, pipe, drain, sewer or channel of any kind through, across, under or over any \r\nhighway under its control, and after giving reasonable notice in writing to the owner \r\nor occupier, into, through, across, under, over or up the side of any land or building \r\nsituated within the boundaries of such highway, for the purpose of establishing \r\ntelephonic or other similar communication, or of carrying out and establishing or \r\nmaintaining any system of lighting, drainage or sewerage or any purpose connected \r\nwith the upkeep, maintenance or betterment of such highway, and may at all times \r\ndo all acts and things which may be necessary or expedient for repai ring and \r\nmaintaining any such cable, wire, pipe, drain, sewer or channel in an effective state: \r\n Provided that no nuisance more than is necessarily caused by the proper \r\nexecution of the work is created by any such operation, and that where damage is \r\ndone t o any land or building which is not owned by the Highway Authority, \r\nreasonable compensation shall be paid to the owner or occupier of such property in \r\nrespect of such damage. \r\n (2) Notwithstanding anything contained in any other law for the time being \r\nin force no person or authority shall do any of the following acts, namely:– \r\n(a) open or break up the surface of any highway; or \r\n(b) construct or carry any cable, wire, pipe, drain, sewer or channel of any \r\nkind, through, across, under or over any highway; or \r\n(c) within the boundaries of any highway, repair or alter or execute any \r\nworks on, or in relation to, any existing cable, wire, pipe, drain, sewer \r\nor channel of any kind, running through, across, under or over such \r\nhighway; \r\nunless such person or authority shall have first obtained the consent to the \r\nproposed work of the appropriate Highway Authority. \r\n (3) In giving its consent under the last preceding sub -section, a Highway \r\nAuthority may impose such conditions as it may deem to be necessary and \r\nconsistent with the performance of its duty as such Highway Authority , and may \r\nimpose a rent or other charge for any land forming part of the Highway occupied by \r\nor applied to the proposed work. \r\n \r\n1\r\n[(4) Any person contravening or causing the contravention of the provi sions \r\nof sub -section (1) shall be liable to prosecution under the provisions of this \r\nOrdinance and the Highways Authority may, also without giving any notice to the \r\noffender, remove the offending works, restore the highway to its former condition, \r\n \r\n1Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII o f 1976), published in the Punjab Gazette (Extraordinary), \r\ndated December 8, 1976, pp. 2713-2717, s. 4(1). \r\nrecover the cost thus incurred from the offender as hereinafter provided and \r\nconfiscate any material recovered by the removal of the offending works.] \r\n \r\n1\r\n[(5) The cost recoverable under sub -section (4) shall be such sum as may \r\nbe determined to be the actual cost by the Highway Authority. The Highway Authority \r\nmay require the offender through a demand notice to pay the cost within a \r\nreasonable period not exceeding fifteen days and in case he fails to make the \r\npayment within the specified period, the cost shall be rec overed as arrears of land \r\nrevenue.] \r\n (6) If any dispute arise s between the Highway Authority and any other \r\nauthority or person, out of or in relation to the exercise of the powers of such \r\nHighway Authority under \r\n2\r\n[sub-section] (1) \r\n3\r\n[* *] , such dispute shal l be referred to \r\narbitration. \r\n8. Restrictions on ribbon development on certain highways .– (1) As \r\nrespects all highways which on or after the date of the coming into operation of this \r\nOrdinance are maintained by the maintained by the \r\n4\r\n[Highways Department] or are \r\nprovincial property maintained by local bodies, the following restrictions shall apply, \r\nthat is to say, it shall not be lawful without the consent of the Highway Authority:– \r\n(a) to construct or layout any means of access to or from the highway, \r\n(b) to erect any building upon land within two hundred and twenty feet from \r\nthe middle of the highway. \r\n \r\n5\r\n[Provided that the Government may, by notification, reduce the extent of \r\nrestriction under the provisions of clause (b) in respect of any particular high way or \r\npart thereof.] \r\n (2) No restrictions in force under the last preceding sub-section shall apply \r\nin relation to- \r\n(a) any building which is used or intended to be used mainly or exclusively \r\nfor purposes relating to cultivation of land adjacent thereto o therwise \r\nthan as a dwelling house; \r\n(b) any works begun before the date of the coming into operation of this \r\nOrdinance or any works carried out in accordance with a permission \r\ngranted by any competent authority before that date; \r\n(c) any highway in respect of which a building line has been determined in \r\naccordance with section 16. \r\n9. Adoption of restriction of section 8 in respect of other highways .– (1) A \r\nHighway Authority may, in the manner provided hereunder, propose to adopt the \r\n \r\n1Ibid. \r\n2Substituted for the words “sub -sections” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the \r\nPunjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 4(3). \r\n3Omitted the comma, brackets, figures and word “, (2) and (3)” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976), \r\npublished in the Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 4(3). \r\n4Substituted for the words “Provincial Public Works Department” by the Punjab Highways (Amendment) Act, 1976 (XVIII of \r\n1976), published in the Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 5. \r\n5Added by th e Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), \r\ndated December 8, 1976, pp. 2713-2717, s. 5. \r\nrestrictions referred to in the last preceding section as respects any highway to which \r\nthe said restrictions do not of their own force apply. \r\n (2) The proposal shall be notified in the manner provided in section 13 for \r\nthe publication of notices of closure of highways and in such detail as may be \r\nprescribed, inviting objections to the proposal to be filed within a period of thirty days \r\nfrom the date of publication and all objection s received within such period shall be \r\ntaken into consideration by the Highway Authority, which may m odify the proposal, \r\nor if it finds that in consequence of any objection the proposal is impracticable , may \r\nabandon it. \r\n (3) If the Highway Authority decides to proceed with the proposal it shall \r\nforward it, with modifications, if any, as provided by the l ast preceding sub-section to \r\nGovernment; and Government may after such further enquiry as may be considered \r\nnecessary reject the proposal or approve it with such further modifications as it may \r\ndeem fit to make. \r\n (4) The proposal as finally approved by Go vernment shall be published in \r\nthe gazette, and from the date of such publication, the restriction contained in sub -\r\nsection (1) of section 8 shall apply to the highway specified in the proposal. \r\n (5) If a building line is determined under the provisions o f section 16 in \r\nrespect of any highway to which in accordance with this section, the restrictions \r\ncontained in section 8 have been applied, the said restrictions shall cease to have \r\neffect from the date on which such building line is determined. \r\n10. Compensation.– (1) If any person having any interest in land proves that his \r\ninterest is injuriously affected by the imposition of restrictions by or under the \r\nprovisions of section 8 or section 9, he shall be entitled to recover from the Highway \r\nAuthority compensation for any injury or damage to such interest. \r\nExplanation.– For the purpose of this section the expression “interest in land” shall \r\nmean the interest vested in such person on the day the aforesaid restrictions came \r\ninto force. \r\n (2) No claim for com pensation under the last preceding sub -section for \r\ninjury or damage shall be entertained unless the claimant furnishes satisfactory \r\nproof– \r\n(a) that proposals for development at the date of the claim for \r\ncompensation are immediately practicable or would hav e been so if \r\nthis Ordinance had not been passed; and \r\n(b) that there is a demand for such development. \r\n (3) No compensation shall be payable for any injury or damage in so far as \r\nthe land is subject to a substantially similar restriction under some other e nactment, \r\nor where compensation in respect of some substantially similar restriction in force \r\nunder this or any other enactment has already been paid. \r\n (4) Subject to the other provisions of this section, compensation to be \r\nawarded shall be a sum by which the market value of the interest in land is reduced \r\nas a result of restrictions imposed under section 8 or section 9. \r\n11. Construction of access to road buildings on areas subject to restrictions \r\nunder section 8 or section 9 .– Any person wishing to obtain the consent of the \r\nHighway Authority to construct or layout a means of access to or from or to construct \r\na building within two hundred and twenty feet of the middle of any highway, to which \r\nrestrictions have been applied by or under section 8 or section 9 shall apply in writing \r\nto the Highway Authority and shall furnish with his application such plans and other \r\nparticulars as may be prescribed and the Highway Authority may refuse to grant the \r\napplication or may grant the application subject to such conditi ons as it may deem fit \r\nto impose: \r\n Provided that the application shall not be deemed to have been sanctioned by \r\nreason that no order refusing it is passed by the Highway Authority despite the lapse \r\nof time. \r\n12. Temporary closure of highways .– When any high way or portion thereof is \r\ntemporarily closed for repairs are for any other purpose connected with the functions \r\nof the Highway Authority under this Ordinance in such manner as to interfere with \r\nthe passage of traffic, it shall be the duty of the Highway Au thority to set up such \r\nnotices as may be prescribed at each end of the closed portion and the Highway \r\nAuthority may also announce the fact by such other means as it may deem proper; \r\nand the Highway Authority shall further provide, so far as may be, reasona ble means \r\nof access to the open portion of the highway from the adjoining areas which have \r\nbeen deprived of access by such closure, as well as a reasonable passage for \r\nthrough traffic, and may, for these purposes, make temporary access or diversion \r\nroads through contiguous lands, after giving reasonable notice to the owner thereof \r\nand shall pay reasonable compensation for any damage cause to such lands \r\nthereby. \r\n13. Permanent closure of highways .– (1) A Highway Authority, intending \r\npermanently to close a hi ghway or any portion of a highway shall give notice of its \r\nintention, in the gazette, as well as by publication in one or more newspapers \r\ncirculating in the affected area or by display of notices at conspicuous places in such \r\narea, or by both these methods. \r\n (2) The notice shall invite objections to the proposed closure within a \r\nperiod of not less than a month from the date of publication. \r\n (3) In arriving at its decision, the Highway Authority shall take all such \r\nobjections into considerati on after making such other enquir ies as it may deem \r\nnecessary to e nsure that the proposed closure will not cause inco nvenience to the \r\ninhabitants of the affected area, on account of lack of alternative means of access to \r\nor movement within such area. \r\n (4) Where inconveni ence as aforesaid is likely to result, the Highway \r\nAuthority may nevertheless close the highway provided that it is satisfied that an \r\nalternative highway or highways, whether previously existing or newly constructed by \r\nitself, will more satisfactorily meet the general requirements of the area than the \r\nhighway proposed to be closed. \r\n (5) A decision by a Highway Authority to close a highway or portion thereof \r\nshall be published in the manner provided for publication of notices under sub -\r\nsection (1), and with in thirty days of the last date of the publication two or more \r\npersons who are aggrieved by such decision, and have obtained the consent in \r\nwriting of the Advocate General, may appeal to Government against such decision. \r\n (6) Government shall refer such a ppeal for decision to a Tribunal which \r\nshall be composed of a President who shall be a Judge of the High Court to be \r\nnominated by the Chief Justice, and two members to be nominated by Government, \r\none of whom shall be an official of the \r\n1\r\n[Highways Department], not below the rank of \r\nExecutive Engineer, and the other shall be a person who has for at least ten years \r\nbeen an Advocate of a High Court. \r\n (7) The Tribunal shall have all the powers of a Civil Court for the purpose \r\nof compelling the attendance of par ties and witnesses and the production of \r\ndocuments and subject to rules that may be made in this behalf, the proceedings \r\nbefore the Tribunal shall be conducted, as nearly as may be, in the manner provided \r\nby the Code of Civil Procedure, 1908\r\n2\r\n, for the trial of civil suits. \r\n (8) At the conclusion of the proceedings the Tribunal shall report its \r\nfindings to Government, which shall transmit such report to the Highway Authority \r\nwith instructions to act in accordance therewith: \r\n Provided that if Government considers that the report requires reconsideration \r\nin respect of any matter, it may refer such matter to the Tribunal for further \r\nconsideration and the Tribunal may, after such further enquiry as it may think fit, \r\nmodify its finding in respect of such matter or may confirm such finding. \r\n (9) The costs of the proceedings shall be paid in accordance with such \r\ndirection as may be made in that behalf by the Tribunal, and shall be recoverable as \r\nan arrear of land revenue. \r\n (10) When a highway is closed under the provisions of this section, any \r\nperson who on the date of first publication of a notice under sub -section (1), owned \r\nan interest in land or immovable property, and proves that such interest has been \r\ndirectly and injuriously affected by such closure shall b e entitled to recover \r\nreasonable compensation for such injury from the Highway Authority, and in the \r\nevent of dispute as to the amount of such compensation, such dispute shall be \r\nreferred to arbitration. \r\n14. Interference or damage resulting from works on highways.– (1) If any \r\ninterference or damage is caused, by reason of any work on a highway which is \r\ndone by order of the of the Highway Authority, to any existing means of access to \r\nsuch highway, or to any existing drain, water channel, pipe, cable (whethe r over \r\nhead or under ground), tramway or railway line, then– \r\n(a) if it be possible, the interference or damage shall be remedied by the \r\nrestoration of the thing interfered with or damaged, to its previous \r\nposition and condition at the cost of the Highway Authority; or \r\n(b) if such restoration be not possible, such thing shall at the cost of the \r\nHighway Authority be replaced by another providing as nearly as may \r\nbe the same facility, provided that if there be appreciable diminution of \r\nutility by such substitu tion, the Highway Authority may pay additional \r\ncompensation in money; or \r\n \r\n1Substituted for the words “Public Works Department, Buildings and Roads Branch” by the Punjab Highways (Amendment) Act, \r\n1976 (XVIII of 1976), published in the Punjab Gazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 6. \r\n2V of 1908. \r\n(c) if neither restoration nor substitution be possible then reasonable \r\ncompensation shall be paid to persons interested by the Highway \r\nAuthority. \r\n (2) Any person aggrieved by the a ction of the Highway Authority may \r\napply to Government and it shall there upon refer the dispute for decision by \r\narbitration. \r\n15. Regulation of classes of vehicles or animal using a highway .– (1) A \r\nHighway Authority may prohibit or restrict either permane ntly or temporarily, the \r\ntaking of any class of vehicles or animals over a highway or any part thereof, if such \r\nprohibition or restriction is, in its opinion, necessary for the public safety or \r\nconvenience, or for any other sufficient reason. \r\n (2) Such prohibition or restriction shall be notified by display of notices at \r\nprominent places along the a ffected highway and where it is intended to be \r\npermanent shall also be notified by publication in the gazette and at least in one \r\nnewspaper circulating in the locality. \r\nCHAPTER IV \r\nImprovement of Highways \r\n16. Determination of building line .– (1) In respect of any such highway \r\nspecified in section 8, or for which the provisions contained in section 8 have been \r\nadopted under section 9, the Highway Authority may determine a building line, along \r\none or both sides of such highway, after enquiry, in the manner hereinafter \r\ndescribed. \r\n (2) A building line shall not be proposed unless the Highway Authority shall \r\nhave first examined and taken into consideration, any planni ng scheme proposed, \r\nprepared or enforced in the same vicinity by the local authority and shall first have \r\nconsulted with such local authority in that behalf. \r\n (3) When a Highway Authority proposes to determine a building line as \r\naforesaid, it shall give n otice in the prescribed manner con taining such details of the \r\nproposal as it may deem necessary, provided that it shall not be necessary to \r\ninclude a plan of the proposed building line in such notice, but a copy or copies of \r\nsuch plan shall be deposited, a nd shall be available for public inspection for a period \r\nof not less than thirty days, at one or more places in or near the affected locality, \r\nwhich shall be specified in such notice. \r\n (4) The notice shall invite objections to the proposals to be filed wi thin a \r\nperiod of three months from the date of publication and all objections received within \r\nsuch period shall be taken into consideration by the Highway Authority in arriving at \r\nits decision. \r\n (5) The building line so determined by the Highway Authority shall be \r\npublished in the manner prescribed and shall come into effect from the date of such \r\npublication. \r\n (6) Any person aggrieved by the decision of the Highway Authority may \r\n1\r\n[appeal] to Government, and it shall thereupon refer the dispute for decisio n by \r\narbitration. \r\n17. Construction of buildings, etc., between highway and building line .– (1) \r\nExcept as provided by this or any other enactment, it shall not be lawful without the \r\nconsent of the Highway Authority to construct or lay out any means of acce ss to or \r\nfrom the highway, to erect or re -erect any building, to make any excavation or to \r\nconstruct from or layout any works, upon land lying between a building line and the \r\nhighway in respect of which it has been determined. \r\n (2) Should any building (in cluding a wall) or any part thereof lie within the \r\nprohibited area, as defined in the last preceding sub -section, the Highway Authority \r\nmay, whenever such building or part has been either entirely or in greater part burnt \r\nor has fallen down by notice requi re such building or part when being rebuilt, to be \r\nset back to the building line, and if the portion of land thus rendered vacant is \r\nincluded within the boundaries of the highway in relation to which such building line \r\nhas been determined, such portion shall become part of the highway: \r\n Provided that the Highway Authority shall pay compensation to the owner of \r\nsuch portion of land or of the building which existed thereon for any damage caused \r\nto him by the setting back of the building. \r\n18. Acquisition of land.– (1) A Highway Authority may acquire any land situated \r\nbetween a building line and the highway to which it relates, if in its opinion, such \r\nacquisition is necessary for the construction or improvement of the highway. \r\n (2) If the purchase cannot be ef fected by agreement, the Highway \r\nAuthority may certify that the land is required for the construction or, as the case may \r\nbe, the improvement of a highway, and thereafter acquisition may be effected under \r\nthe Land Acquisition Act, 1894\r\n2\r\n. \r\nCHAPTER V \r\nDuties of highway users \r\n19. Conformity with rules, sig ns and directions of officer regulating traffic .– \r\nEvery person using a highway, or who is in charge of a vehicle or animal on a \r\nhighway shall himself conform and shall cause any such vehicle or animal as \r\naforesaid to conform, to such general rules of traffic as may be prescribed and shall \r\nobey all traffic sig ns fixed on such highway and a ll lawful directions given to him by \r\nany police officer in uniform or other authorized person for the time being engaged in \r\nthe regulating of traffic. \r\n20. Vehicles and animals to be stopped in certain cases .– (1) Every person \r\nusing a highwa y shall stop and remain stationa ry, and every person in charge of \r\nvehicle or animal on a highway shall cause such vehicle or an imal to stop and \r\nremain stationary, for so long as may be reasonably necessary– \r\n \r\n1Substituted for the word “apply” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab \r\nGazette (Extraordinary), dated December 8, 1976, pp. 2713-2717, s. 7. \r\n2I of 1894. \r\n(a) when required to do so by a police officer in uniform or by any authority \r\nlawfully empowered in this behalf under this Ordinance, or which is \r\nlawfully empowered to levy a toll or tax; \r\n(b) when required to do so by any person in charge of any animal, if such \r\nperson apprehends that the animal in his charge being alarmed will \r\nbecome unmanageable; and \r\n(c) when the vehicle or animal is involved in the occurrence of any \r\naccident to any perso n, animal or vehicle, or damage to any property, \r\nwhatever be the cause of such accident or damage. \r\n (2) When any accident or damage such as is mentioned in clause (c) of \r\nthe last preceding sub -section occurs, the person in charge of the vehicle or animal \r\nshall be bound on enquiry to give on the spot his own name and address and if he is \r\nnot the owner, the name and address of the owner of such vehicle or animal to a \r\npolice officer, or any other authorised person, and shall also be bound to state these \r\nparticulars to any person who sustains loss, damage, or injury on account of such \r\naccident or damage, provided that such other person also states his own name and \r\naddress, and any person who was a witness to the occurrence shall be bound to \r\nstate his name and a ddress, on demand by the person in charge of the vehicle or \r\nanimal or by any person who has sustained loss, damage or injury in the occurrence, \r\nor by any police officer or other authorised person. \r\n (3) In a case of accident or damage as aforesaid, if any person is injured, \r\nthe person in charge of the vehicle or animal shall, unless he be himself \r\nincapacitated by injury sustained in the same occurrence– \r\n(a) take all reasonable steps, such as may appear necessary, to secure \r\nmedical attention for the person injured; and \r\n(b) if no police officer or other authorized person be present at the spot, \r\nreport the occurrence at the nearest police station as soon as possible \r\nand in any case, within twenty-four hours of the occurrence. \r\n21. Driving of vehicles and animal s.– (1) No person shall himself proceed on a \r\nhighway or drive any vehicle or animal on a highway so as by such driving or the \r\nmanner thereof to endanger human life, or be likely to cause hurt to any other \r\nperson. \r\n (2) No person shall drive a vehicle or an animal on a highway when he is \r\nunder the influence of drink or a drug to such an extent as to be incapable of \r\nexercising proper control over such vehicle or animal. \r\n22. Adequate control and care of vehicles and animals .– (1) No person in \r\ncharge of a vehi cle or animal shall cause or allow it to remain on any highway, \r\nwhether at rest or in motion, in such a condition or in such circumstances, as to \r\ncause or be likely to cause danger, obstruction, or undue inconvenience to other \r\nusers of the highway. \r\n (2) If a vehicle or animal is found abandoned or unattended on a highway, \r\nthe Highway Authority may remove and impound it, and the cost of such removal \r\nand any maintenance provided by the Highway Authority shall be recoverable from \r\nthe owner thereof. \r\n (3) If no person appears to claim the property within seven days of such \r\nseizure, the Highway Authority may sell the vehicle or animal by auction, and recover \r\nsuch expenses from the proceeds, and the balance, if any, shall be payable on \r\napplication to the person entitled. \r\n23. Power to arrest without warrant .– (1) A police officer in uniform may arrest \r\nwithout warrant,– \r\n(a) any person who in his view commits a contravention of section 21, \r\nprovided that if the contravention be of sub -section (2) of section 21, \r\nthe p erson arrested shall be subjected to medical examination within \r\ntwo hours of his arrest, and shall then be released from custody; \r\n(b) any person concerned or reasonably suspected of being concerned in \r\na contravention of any provision of this Chapter, if th e police officer has \r\nreason to believe that he will abscond or otherwise avoid the service of \r\nsummons; or \r\n(c) any person who, being required under the provisions of this Ordinance, \r\nto give his name and address refuses to do so, or gives a name and \r\naddress which the police officer has reason to believe to be false. \r\n (2) A police officer arresting the driver of a vehicle or a person in charge of \r\nan animal under the provisions of this section shall take or cause to be taken \r\nreasonable and necessary steps for the safe custody of the vehicle or animal. \r\nCHAPTER VI \r\nProcedure and Penalties \r\n24. Cognizance of offence .– \r\n1\r\n[In addition to any specific provision made \r\nelsewhere in this Ordinance any contravention of the provisions of sections 6, 7, 8 \r\nand 17(1) shall be the offence which will be cognizable.] \r\n25. Penalties.– \r\n2\r\n[(1) Whoever contravenes any provision of this Ordinance or any \r\nrules made thereunder or any lawful order passed by a Highway Authority under the \r\nprovisions of this Ordinance, shall be punished with fi ne which may extend to five \r\nhundred rupees. \r\n (2) Notwithstanding the provisions of sub -section (1), whoever \r\ncontravenes the provisions of section 6, 7, 8 and 17 (1) shall be punished with \r\nimprisonment which may extend to three months or with fine which sha ll not be less \r\nthan five hundred rupees or with both. \r\n (3) In case of conviction, the Court shall, in addition to the penalty imposed \r\nunder sub -section (2) order the removal of the offending encroachment, structure, \r\nworks, or other such articles, within a specified period not exceeding fifteen days and \r\nif the offender fails to comply with the order, he shall be deemed to be guilty of \r\ncommitting a continuing offence for which the minimum punishment shall be \r\nimprisonment. \r\n \r\n1Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), \r\ndated December 8, 1976, pp. 2713-2717, s. 8. \r\n2Ibid., s. 9. \r\n (4) In case the Court finds that i f is physically not possible for the offender \r\nto comply with the order passed under sub -section (3) or the offender fails to comply \r\nwith it, the Court shall authorize the Highway Authority to remove the offending \r\nencroachment, structure, works etc, at the risk and cost of the offender.] \r\n1\r\n[25-A. All notices under this Ordinance shall be served in the following manner:– \r\n(i) In case the identity of the offender is known, the notice shall be served \r\non him or on his known authorized representative or on the person \r\nfound to be representing him at the site of occurrence of the offence \r\npersonally and if these persons be not available or traceable or refuse \r\nto receive the notice, by affixation at a conspicuous pl ace at the site of \r\nthe offence. \r\n(ii) In case the Highway Author ity is satisfied that the identity of the \r\noffender cannot be ascertained, a notice with the heading “To whom it \r\nmay concern” affixed at a conspicuous place at the site of offence shall \r\nbe deemed to have been served on the offender.] \r\nCHAPTER VII \r\nMiscellaneous provisions \r\n26. Persons deemed to be public servants .– All persons acting under the \r\nauthority of Government or of any Highway Authority in the carrying out of any of the \r\nprovisions of this Ordinance or of the rules made thereunder shall be deemed to be \r\npublic servants within the meaning of section 21 of the Pakistan Penal Code\r\n2\r\n. \r\n27. Protection to persons taking action under the Ordinance .– No suit, \r\nprosecution or other legal proceedings shall lie against any person for anything \r\nwhich is in good faith don e or intended to be done under or in pursuance of this \r\nOrdinance or any rules made thereunder. \r\n28. Payment of compensation and its determination .– (1) Except as \r\nspecifically provided by this Ordinance, no compensation shall be payable to any \r\nperson, on ac count of any order made, or any restriction imposed or any act \r\nperformed by a Highway Authority. \r\n (2) Where the amount of compensation payable cannot be agreed upon it \r\nshall be determined by arbitration. \r\n29. Power of Government to make rules .– (1) Government may after previous \r\npublication make rules for the purpose of carrying into effect the provisions of this \r\nOrdinance. \r\n (2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following matters, namely:– \r\n(a) the prevention of obstruction to the free and rapid movement of traffic \r\non highways, including obstruction to the vision of persons driving \r\nvehicles (including motor vehicles) constituted by trees and their \r\n \r\n1Added by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976) , published in the Punjab Gazette (Extraordinary), \r\ndated December 8, 1976, pp. 2713-2717, s. 10. \r\n2XLV of 1860. \r\nbranches, hedges and ot her vegetation, growing on or overhanging a \r\nhighway; \r\n(b) the prevention of nuisances by the discharge of sullage water or the \r\ndeposit of matter which is offensive or injurious to health, or the \r\ncarrying on of dangerous or offensive trades, on or in the imm ediate \r\nvicinity of a highway; \r\n(c) the regulation of the exhibition of advertising matter on highways and \r\nalong the boundaries thereof; \r\n(d) the regulation of the use of sound amplifying apparatus on or in the \r\nimmediate vicinity of a highway; \r\n(e) the regulation of the grazings of animals on areas included within the \r\nboundaries of a highways; \r\n(f) the regulation of the loading of goods in vehicles on or in the immediate \r\nvicinity of a highway; \r\n(g) the regulation or prohibition of the use of the whole or part of a highway \r\nby pedestrians or animals; \r\n(h) the carrying or wearing by all or any vehicles or animal using a highway \r\nof a horn or bell, or other contrivance for giving audible warning of their \r\napproach or position; \r\n(i) the carrying by all or any vehicles of lamps and reflectors and the \r\nregulation of the use thereof; \r\n(j) the regulation of the design of goods vehicles (including the materials \r\nand width of their tyres), and the maximum load to be carried thereon; \r\n(k) the fixing of the maximum weight of vehicles which may use a bridge or \r\nany class of bridges, forming part of highway; \r\n(l) the types of traffic signs which are to be employed on highways; \r\n(m) the proper provision and maintenance of highways, and the safe, \r\nconvenient and orderly movement of traffic thereon; \r\n(n) the particulars to be entered in a notification of a proposal published \r\nunder sub-section (2) of section 9; \r\n(o) the plans and particulars required to be furnished by any person \r\nmaking application under section 11; \r\n(p) the notices of temporary closure to be set up under section 12; \r\n(q) the procedure to be followed by the Tribunal appointed under section \r\n13; \r\n(r) the manner in which notice of a proposal to determine a building line \r\nunder section 16 is to be given; and \r\n(s) the manner in which buildi ng line determined under section 16 is to be \r\npublished. \r\n30. Repeal and savings.– (1) The following enactments are hereby repealed:– \r\n(a) The West Punjab Highways Act, 1948\r\n1\r\n. \r\n(b) The North –West Frontier Province Ribbon Development Prevention \r\nAct, 1946\r\n2\r\n. \r\n (2) Notwithstanding the repeal of the enactments mentioned in the last \r\npreceding sub -section, everything done and all action taken, obligation, liability, \r\npenalty or punishment incurred, inquiry or proceeding commenced, officer appointed \r\nor person authorised , jurisdiction or power conferred, rule made and notification \r\nissued under any of the provisions of the said enactments shall, if not inconsistent \r\nwith the provisions of this Ordinance, continue in force and be deemed to have been \r\nrespectively done, taken, incurred, commenced, appointed, authorised, conferred, \r\nmade or issued under this Ordinance. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1West Pakistan VI of 1948. \r\n2N.W.F.P. 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