{ "schema_version": "qanun-law-text/1", "id": "punjab-code-46272121a29b1b03", "title": "PUNJAB HORTICULTURE AUTHORITY ACT 2025", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VGRWYQQ6UWJTMQ--", "version": null, "source_snapshot": "2026-08-06T16:57:06Z", "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": "7cca8ee24b63113f8e10a1314640c0b936131dc0ce626efa65248ecf291a7d28", "source_sha256": "7cca8ee24b63113f8e10a1314640c0b936131dc0ce626efa65248ecf291a7d28", "text_version_id": "law:punjab-code-46272121a29b1b03:sha256:7cca8ee24b63113f8e10a1314640c0b936131dc0ce626efa65248ecf291a7d28", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB HORTICULTURE AUTHORITY ACT 2025 \r\n(LXX of 2025) \r\nCONTENTS \r\n1. Short title, extent, application and commencement \r\n2. Definitions \r\n3. Establishment of Authority \r\n4. Composition of Authority \r\n5. Meetings of Authority \r\n6. Powers and functions of Authority \r\n7. Director General \r\n8. Establishment of Agency \r\n9. Composition of Agency \r\n10. Meetings of Agency \r\n11. Powers and functions of Agency \r\n12. Managing Director \r\n13. Heritage Park \r\n14. Public park, green belts and green areas \r\n15. Use of public parks, green belts and green areas \r\n16. Access to private property \r\n17. Installation of billboards, sky signs and outdoor advertisements \r\n18. Advertisements on vehicles \r\n19. Regulations regarding green areas \r\n20. Maintenance of public parks, green belts and green areas \r\n21. Duty on persons to maintain green belts \r\n22. Continuation of contracts \r\n23. Fund of Authority \r\n24. Budget \r\n25. Accounts \r\n26. Audit \r\n27. Annual report \r\n28. Complaints of illegal or unauthorized use \r\n29. Complaint \r\n30. Appointment of officers and employees \r\n31. New schemes \r\n32. Offences, penalties and procedure \r\n33. Ownership of public parks, green belts or green area \r\n34. Cognizance and trial of offences \r\n35. Bar of jurisdiction \r\n36. Delegation \r\n37. Indemnity \r\n38. Employees to be public servant \r\n39. Power to make rules \r\n40. Power to frame regulations \r\n41. Repeal, omission and savings \r\n42. Act to prevail \r\n43. Removal of difficulties \r\n \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB HORTICULTURE AUTHORITY ACT 2025 \r\n(LXX of 2025) \r\n[5th August, 2025] \r\nAn \r\nAct \r\nto provide for establishment of the Punjab Horticulture Authority. \r\nIt is necessary to establish the Punjab Horticulture Authority to regulate, develop and \r\nmaintain public parks, green belts and green areas in the Punjab; regulate billboards, sky \r\nsigns and outdoor advertisements and provide for the matters connected therewith and \r\nancillary thereto. \r\nIt is hereby enacted as follows: \r\n1. Short title, extent, application and commencement. (1) This Act may be cited \r\nas the Punjab Horticulture Authority Act 2025. \r\n(2) It extends to whole of the Punjab. \r\n(3) It applies to the areas of district Lahore , areas notified under repealed Act \r\nand such other areas as the Government may, by notification in the official Gazette, specify \r\nunder the Act. \r\n(4) It shall come into force at once. \r\n2. Definitions. In the Act: \r\n(a) “Act” means the Punjab Horticulture Authority Act 2025; \r\n(b) “Agency” means the Agency established under the Act; \r\n(c) “Authority” means the Punjab Horticulture Authority established under the \r\nAct; \r\n(d) “billboard” includes an advertisement fi xed, placed or displayed on a \r\nstructure other than a building; \r\n(e) “Director General” means the Director General of the Authority; \r\n(f) “empowering authority” means any authority, local government or other \r\nentity empowered to allow use of a public park, green belt or green area in \r\nany manner or to grant permission for installation of a billboard, sky sign, \r\noutdoor advertisement or advertisement prior to the commencement of the \r\nAct; \r\n(g) “Fund” means the Punjab Horticulture Authority Fund established under the \r\nAct; \r\n(h) “Government” means Government of the Punjab; \r\n(i) “green area” means any area notified under the Act as green area which is \r\nrequired to be kept green other than a public park or green belt and includes \r\na notified play ground; \r\n(j) “green belt” means an area notified under the Act as green belt other than a \r\npublic park which is kept as an open space in any locality or area either in \r\npursuance of a development plan or otherwise; \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 30 July 2025; and was assented to by Governor of the Punjab on 05 \r\nAugust 2025; and was published in the Punjab Gazette (Extraordinary), dated: 05 August 2025, pp. 659-670. \r\n(k) “Heritage Park” means any area having historical, traditional or cultural value \r\nnotified under the Act; \r\n(l) “Managing Director” means the Managing Director of the Agency; \r\n(m) “outdoor advertisement” means a streamer, board, poster, banner, or any \r\nother thing placed, painted, pasted or installed on a public or private building \r\nor property so that it is visible from a public place and which is intended to \r\ninform the reader of the availability of a service, product or outlet or otherwise \r\npromote a person or a message; \r\n(n) “person” includes a body owned or controlled by the Federal Government or \r\nthe Government or any other Provincial Government, or a company, \r\nassociation or body of individuals, whether incorporated or not; \r\n(o) “prescribed” means prescribed by the rules or regulations made or framed \r\nunder the Act; \r\n(p) “private land authority” means any natural or legal person engaged in the \r\ndevelopment of land or maintenance of an area or provision of municipal \r\nservices other than a public land authority; \r\n(q) “public land authority” includes a statutory or executive body established by \r\nthe Government for development of land or enga ged in the development of \r\nland or maintenance of an area or provision of municipal services; \r\n(r) “public park” includes a park or space reserved for use as a public park and \r\nnotified under the Act as a public park; \r\n(s) “regulations” means the regulations framed under the Act; \r\n(t) “repealed Act” means the Act repealed under sub-section (1) of section 41 \r\nof the Act; \r\n(u) “rules” means the rules made under the Act; \r\n(v) “sky sign” means a sign installed on a building for its view from a distance; \r\nand \r\n(w) “vehicle” includes mechanical ly propelled vehicle and a human or animal \r\ndriven carriage. \r\n3. Establishment of Authority. (1) The Government shall , by notification in the \r\nofficial Gazette, establish an Authority to be known as the Punjab Horticulture Authority for \r\ncarrying out the purposes of the Act. \r\n(2) The Authority shall be a body corporate, having perpetual succession and a \r\ncommon seal with power to acquire, hold and dispose of movable or immovable property \r\nand shall, by the said name, sue and be sued. \r\n(3) The Authority shall not dispose of its immovable property without prior \r\napproval of the Government. \r\n4. Composition of Authority. (1) The Authority shall consist of: \r\n(a) Chief Minister or his nominee. Chairperson \r\n(b) a person to be nominated by the Chief Minister. Vice Chairperson \r\n(c) Minister for Housing , Urban Development & Public \r\nHealth Engineering \r\nMember \r\n(d) Parliamentary Secretary for Housing , Urban \r\nDevelopment & Public Health Engineering \r\nMember \r\n(e) Chairperson of each Agency. Members \r\n(f) Chairman Planning and Development Board or his \r\nrepresentative not below the rank of Additional \r\nSecretary. \r\nMember \r\n(g) Secretary to the Government, Finance Department \r\nor his representative not below the rank of \r\nAdditional Secretary. \r\nMember \r\n(h) Secretary to the Government, Housing , Urban \r\nDevelopment and Public Health Engineering \r\nDepartment or his representative not below the rank \r\nof Additional Secretary. \r\nMember \r\n(i) Secretary to the Government, Local Government \r\nand Community Development Department or his \r\nrepresentative not below the rank of Additional \r\nSecretary. \r\nMember \r\n(j) Secretary to the Government, Environment \r\nProtection and Climate Change Department or his \r\nrepresentative not below the rank of Additional \r\nSecretary. \r\nMember \r\n(k) Managing Directors of each Agency. Members \r\n(l) four technical experts including at least one female. Members \r\n(m) Director General. Member/ \r\nSecretary \r\n(2) The Chief Minis ter may nominate a person as Vic e Chairperson for such \r\nperiod as he may deem fit. \r\n(3) The Members at clause (l) of sub-section (1), shall be nominated by the Chief \r\nMinister for a p eriod of three years but they shall serve during the pleasure of the Chief \r\nMinister. \r\n(4) The Vice Chairperson or Member at clause (l) of sub-section (1), may resign \r\nfrom his office by submitting his written resignation to the Chief Minister. \r\n(5) The Chairperson may co-opt any other expert for assistance in a meeting \r\nbut such co-opted expert shall not have any right to vote. \r\n(6) No act, decision, order or proceedings of the Authority shall be invalid by \r\nreason of any vacancy or defect in the constitution of the Authority. \r\n5. Meetings of Authority .– (1) The Authority shall meet , at least , once in three \r\nmonths at such time and place and observe such procedure with regard to transaction of \r\nits business as may be prescribed by the regulations and until so pre scribed, as the \r\nAuthority may determine. \r\n(2) The meetings of the Authority shall be presided over by the Chairperson, or \r\nin his absence, by the Vice Chairperson and if both the Chairperson and Vice Chairperson \r\nare not available, then by a Member so elected by the Members present. \r\n(3) The quorum for a meeting of the Authority shall be one half of its total \r\nmembership. \r\n(4) The decisions of the Authority shall be taken by majority of its Members \r\npresent and voting and in the event of equality of votes, the Chairperson or the person \r\npresiding over the meeting, as the case may be, shall have the casting vote. \r\n(5) The Director General shall maintain a complete record of the minutes of the \r\nmeeting of the Authority. \r\n(6) No act, decision, order or proceedings o f the Authority shall be invalid by \r\nreason of any vacancy or defect in the constitution of the Authority. \r\n6. Powers and functions of Authority . (1) The Authority shall oversee and \r\nsupervise the functions of the Agency for the purposes of the Act. \r\n(2) Without prejudice to the generality of the foregoing provision, the Authority \r\nshall: \r\n(a) give policy directions to an Agency to develop and mai ntain public parks, \r\ngreen belts, green areas, and protect trees and other vegetation; \r\n(b) regulate use of public parks, green belts and green areas; \r\n(c) regulate beautification of public parks, green belts and green areas; \r\n(d) regulate installation o f billboards, sky signs and outdoor advertisements on \r\nprivate or public property; \r\n(e) constitute committees for performing specific functions; \r\n(f) approve its annual budget; \r\n(g) follow the policy directions of the Government and comply with general or \r\nspecial directions of the Government through itself or its Agency; and \r\n(h) perform such other functions or exercise such other powers as may be \r\nnecessary and ancillary to the foregoing functions and powers. \r\n7. Director General. (1) The Chief Minister shall, on such terms and conditions as \r\nmay be determined by him, appoint the Director General of the Authority for a period of \r\nthree years but he shall serve during the pleasure of the Chief Minister. \r\n(2) Notwithstanding the expiration of the term of the Director General, Chief \r\nMinister may allow him to continue to hold office for a further period of three months or till \r\nhis successor enters upon his office, whichever is earlier. \r\n(3) The Director General shall be responsible for general administration of the \r\nAuthority and shall perform such other functions as provided under the Act or assigned to \r\nhim by the Authority. \r\n(4) The Director General shall: \r\n(a) be the whole-time officer of the Authority; \r\n(b) be the principal accounting officer of the Authority; and \r\n(c) be competent to enter into contracts on behalf of the Authority on the \r\ndirection of the Authority. \r\n(5) The outgoing Director General shall , subject to fulfi lling criteria, be eligible \r\nfor re-appointment as Director General. \r\n(6) The Director General may resign from his office by submitting his written \r\nresignation to the Chief Minister. \r\n8. Establishment of Agency. (1) Upon commencement of the Act, the Authorities \r\nreflected in column 1 below, shall be deemed to have been established as Agencies as \r\nreflected in column 2 below and continue to work as Agencies in the areas for which they \r\nwere established under the repealed Act , unless altered, modified or changed b y the \r\nGovernment and shall be governed under the Act: \r\nColumn 1 Column 2 \r\nParks and Horticulture Authority, Lahore. Horticulture Agency, Lahore. \r\nParks and Horticulture Authority, \r\nGujranwala. \r\nHorticulture Agency, Gujranwala. \r\nParks and Horticulture Authorit y, \r\nSargodha. \r\nHorticulture Agency, Sargodha. \r\nParks and Horticulture Authority, Sialkot. Horticulture Agency, Sialkot. \r\nParks and Horticulture Authority, \r\nRawalpindi. \r\nHorticulture Agency, Rawalpindi. \r\nParks and Horticulture Authority, \r\nFaisalabad. \r\nHorticulture Agency, Faisalabad. \r\nParks and Horticulture Authority, Multan. Horticulture Agency, Multan. \r\nParks and Horticulture Authority, Sahiwal. Horticulture Agency, Sahiwal. \r\nParks and Horticulture Authority, \r\nBahawalpur. \r\nHorticulture Agency, Bahawalpur. \r\nParks and Horticulture Authority, Gujrat. Horticulture Agency, Gujrat. \r\nParks and Horticulture Authority, Dera \r\nGhazi Khan. \r\nHorticulture Agency, Dera Ghazi \r\nKhan. \r\n(2) The Government may, by notification in the official Gazette, establish one or \r\nmore Agencies, other than the Agencies provided under sub-section (1), for such area as \r\nprovided in such notification for the purposes of the Act. \r\n(3) The Government may, by notification in the official Gazette, entrust to any \r\nexisting Agency to pro vide such service in such area as may be provided in such \r\nnotification. \r\n9. Composition of Agency . (1) Each Agency shall consist of Chairperson to be \r\nnominated by the Chief Minister and the following Members: \r\n(a) representative of Housing, Urban Development \r\nand Pubic Health Engineering Department, not \r\nbelow the rank of Additional Secretary. \r\nMember \r\n(b) representative of Local Government and \r\nCommunity Development Department, not \r\nbelow the rank of Additional Secretary. \r\nMember \r\n(c) representative of Environment Protection and \r\nClimate Cha nge Department, not below the \r\nrank of Additional Secretary. \r\nMember \r\n(d) representative of Finance Department not \r\nbelow the rank of Additional Secretary. \r\nMember \r\n(e) representative of Planning and Development \r\nBoard, not below the rank of Additional \r\nSecretary. \r\nMember \r\n(f) two Members of Provincial Assembly of the \r\nPunjab, including one female Member, to be \r\nnominated by the Chief Minister. \r\nMembers \r\n(g) Deputy Commissioner of the concerned district. Member \r\n(h) an officer of the Authority nominated by it. Member \r\n(i) three techni cal experts, including at least one \r\nfemale. \r\nMembers \r\n(j) Managing Director. Member/ \r\nSecretary \r\n(2) The Chairperson of the Agency shall be nominated by the Chief Minister for \r\nsuch a period as the Chief Minister deems fit but he shall serve during the pleasure of the \r\nChief Minister. \r\n(3) The Members at clause (i) of sub-section (1), shall be nominated by the Chief \r\nMinister for a period of three years but they shall serve during the pleasure of the Chief \r\nMinister. \r\n(4) The Member at clause (i ) of sub -section (1), may resign from his office by \r\nsubmitting his written resignation to the Chief Minister. \r\n10. Meetings of Agency.– (1) The Agency shall meet, at least, once in three months \r\nat such time and place and observe such procedure with regard to transaction of it s \r\nbusiness as may be determined by its Chairperson. \r\n(2) The meetings of the Agency shall be presided over by the Chairperson , or, \r\nin his absence, by the Member nominated by the Chairperson and if so not possible, then \r\nby a Member, from amongst the Members, so elected by the Members present. \r\n(3) The quorum for a meeting of the Agency shall be one half of its total \r\nMembers. \r\n(4) The decisions of the Agency shall be taken by majority of its Members \r\npresent and voting and in the event of equality of votes, t he Chairperson or the person \r\npresiding over the meeting, as the case may be, shall have the casting vote. \r\n(5) The Managing Director shall maintain complete record of the minutes of the \r\nmeeting of the Agency. \r\n(6) No act, decision, order or proceedings of the Agency shall be invalid by \r\nreason of any vacancy or defect in the constitution of the Agency. \r\n11. Powers and functions of Agency. (1) The Agency may perform such functions \r\nand exercise such powers, within its area as are necessary for carrying out t he purposes \r\nof the Act. \r\n(2) Without prejudice to the generality of the foregoing provisions of sub-section \r\n(1), the Agency shall have power to: \r\n(a) develop and maintain public parks, green belts, green areas and urban \r\nforests; \r\n(b) administer use of public parks, green belts and green areas; \r\n(c) administer beautification of public parks, green belts and green areas; \r\n(d) administer the installation of billboards, sky signs, digital screens, outdoor \r\nadvertisements on private or public property in the manner as may be \r\nprescribed by the Authority; \r\n(e) establish and maintain botanical gardens for the purposes of the Act; \r\n(f) create awareness about horticulture, promote gardening and ensure \r\npreservation of existing horticulture works in its area; \r\n(g) organize shows and exhibitions pertainin g to horticulture, aviculture and \r\ncultural entertainment; \r\n(h) protect trees and other vegetation: \r\nprovided that it may consider cutting of trees on case to case basis by \r\nensuring adequate replacement; \r\n(i) create awareness about horticulture and promote gardening; \r\n(j) acquire land for the development of any public park, green belt, or green \r\narea; \r\n(k) procure machinery, equipment or material as may be required for the proper \r\ndischarge of its functions; \r\n(l) grant a service contract for the maintenance of public parks, green belts or \r\ngreen areas to any private or public limited company in accordance with the \r\nprevailing law; and \r\n(m) place, after its recommendation, its annual budget before the Authority for \r\napproval. \r\n(3) The Agency may also undertake such other functions entrusted to i t under \r\nany other law for the time being in force. \r\n(4) Under intimation to the Authority, the Agency may, subject to its capacity, \r\nperform such functions or execute such schemes as entrusted to it by the Government, \r\nlocal government or any other authority or agency established under any other law for the \r\ntime being in force. \r\n12. Managing Director . (1) The Managing Director for each Agency shall be \r\nappointed by the Chief Minister for a period of three years on such terms and conditions \r\nas may be prescribed through rules and, until so prescribed, as may be determined by the \r\nChief Minister, but he shall serve during the pleasure of the Chief Minister. \r\n(2) Notwithstanding the expiration of the term of the Managing Director, Chief \r\nMinister may allow him to continue to hold office for a further period of three months or till \r\nhis successor enter upon his office, whichever is earlier. \r\n(3) The Managing Director shall: \r\n(a) be the whole-time officer of the Agency; \r\n(b) have the general management of the business of the Agency; \r\n(c) ensure the implementation of the orders and directions of the Agency; and \r\n(d) exercise such other powers and perform such other functions as may be \r\nentrusted to him by the Agency. \r\n13. Heritage Park. (1) The Government may, by notific ation in the official Gazette, \r\ndeclare an area as Heritage Park to conserve the heritage or culture and to preserve, \r\nconserve and develop the flora and fauna for the present and future generations. \r\n(2) The Heritage Park shall be maintained and developed by the Agency in the \r\nprescribed manner. \r\n14. Public park, green belts and green areas. The Government may by notification \r\nin the official Gazette, declare a park or area reserved for use as a public park or an area \r\nor any space as a public park, green belt o r green area or playground, as the case may \r\nbe. \r\n15. Use of public parks, green belts and green areas. (1) If any person intends to \r\nuse a public park, green belt or green area for any purpose other than the normal use of \r\nthe place, he shall make an application, in writing, to the concerned Agency. \r\n(2) If the intended use affects the rights of the neighbours or residents of the \r\narea in general, the Agency shall invite objections from them and decide the objections \r\nbefore taking a decision. \r\n(3) The Agency shall not grant permission if the intended use affects the rights \r\nof the neighbours or residents of the area to the free and uninterrupted use of the roads \r\nabutting the public park, green belt or green area or results in the conversion of the public \r\npark or green area or green belt into any other thing or changes the general outlook of the \r\nlocality. \r\n(4) The Agency shall not grant permission for a period exceeding fifteen days if \r\nthe intended use is likely to bring, directly or indirectly, any financial benefit to the applicant \r\nor any other person. \r\n(5) Notwithstanding anything contained in the Act, the Agency shall not grant \r\npermission for using any public park, green belt or green area as a parking place. \r\n(6) Notwithstanding anything contained in sub -section (3) and sub -section (4), \r\nthe Agency may, for such initial or extended period and on payment of such fee as it may \r\ndetermine, grant permission for the deployment of an allocated area of a public park for \r\nprovision of food, playing facilities, sale of plants, horticultural equipment, books or for any \r\nother purpose if that activity does not adversely affect the ambience, character and outlook \r\nof the public park. \r\n(7) Where the Agency gives permission for use of a public park, green belt or \r\ngreen area, it shall is sue a permissio n order indicating the duration and nature of the \r\npermission and other terms and conditions mentioned in the order and such order shall be \r\nduly displayed at a prominent place of the public park, green belt or green area. \r\n16. Access to private property. (1) Where a green belt or green area lies between \r\na property and a service lane or public road, the owner of the property may, subject to the \r\npermission by the Agency, use the green belt for accessing his property in a reasonable \r\nmanner but the permission shall be restricted to the extent of acquiring access and shall , \r\nin no manner , be deemed to allow the use of any part of the green belt for any other \r\npurpose or the use of the entire green belt or green area abutting the property for the \r\npurposes of access. \r\n(2) Notwithstanding anything contained in sub-section (1), a person shall not, in \r\nany manner, use or change the nature of any green belt for the purpose of acquiring \r\naccess to a service lane from the main road. \r\n17. Installation of billboards , sky signs and outdoor advertisements. (1) If any \r\nperson intends to install a billboard, sky sign or outdoor advertisement in any manner on \r\nprivate or public property or public park, green belt or green area, he shall make an \r\napplication in the prescribed manner to the Agency. \r\n(2) If the billboard, sky sign or outdoor advertisement affects the rights of the \r\nneighbours or residents of the area in general or road users, the Agency shall invite \r\nobjections from them and decide the objections before taking a decision. \r\n(3) The Agency shall not grant permission if the installation of the billboard, sky \r\nsign or outdoor advertisement affects the rights of road users to safe and secure usage or \r\nview of the residents or provision of light and air, or the view or sanc tity of a historical \r\nmonument. \r\n(4) The permission for installation of billboard, sky sign or outdoor advertisement \r\nshall include such safety measures as may be determined by the Agency or as may be \r\nprescribed, and shall not, in any case, exceed such period as the Agency may determine \r\nor as may be prescribed. \r\n(5) A person shall not install or continue installation of a billboard, sky sign or \r\noutdoor advertisement except in accordance with the permission of the Agency. \r\n(6) Where the Agency gives permission for installation of a billboard, sky sign or \r\noutdoor advertisement, it shall issue a permission number which shall be displayed on the \r\nbillboard, sky sign or outdoor advertisement. \r\n(7) Notwithstanding anything contained in sub -section (1) and while acting in \r\naccordance with the provisions of sub -sections (2) to (6), the Agency may identify public \r\nplaces for installation of billboards, sky signs, and outdoor advertisements and may allow \r\nthe installation of billboards, sky signs, and outdoor advertisements at t hese places on \r\nsuch terms and conditions as may be prescribed. \r\n(8) The Agency may charge such fee as may be prescribed by the Authority for \r\ngrant of permission for installation of a billboard, sky sign or outdoor advertisement. \r\n(9) The Agency may lease, in the prescribed manner, any of its sites or poles, \r\nfor outdoor advertisement, for such initial or extended period and on such terms and \r\nconditions as the Authority may determine or as may be prescribed. \r\n18. Advertisements on vehicles. (1) No person shall display any advertisement on \r\nany vehicle or any other moveable property except with the prior permission of the Agency. \r\n(2) The Agency may charge such fees as for the grant of permission to display \r\nadvertisements on vehicles as the Authority may approve. \r\n(3) The Agency shall not grant permission to display an advertisement on a \r\nvehicle for a period exceeding twelve months. \r\n(4) The Agency shall issue a permission number for display on the \r\nadvertisement. \r\n(5) The Agency shall not give permission for an advertisement which is against \r\npublic morals or promotes an activity or product the performance or sale of which, is barred \r\nby law. \r\n19. Regulations regarding green areas. (1) The Agency shall determine the extent \r\nof a planned area to be reserved and maintained as a public park, green belt or green \r\narea. \r\n(2) A public land authority or a private land authority shall obtain prior sanction \r\nof the Agency for any development plan. \r\n(3) The Agency may obtain a copy of the development plan or land use plan of \r\na public land authority or a private land authority which contains detailed specifications of \r\nthe areas reserved as public parks, green areas or green belts and the public or private \r\nland authority shall, within thirty days, provide the development plan or land use plan to \r\nthe Agency. \r\n(4) The Agency shall determine: \r\n(a) the level of green belts from the road and the method and way of their \r\nplanting and maintenance; \r\n(b) the percentage of a public park that may be reserved for parking and \r\nprovision of food; \r\n(c) the maintenance and usage of a public park; and \r\n(d) the maintenance and usage of a green area. \r\n20. Maintenance of public parks, green belts and green areas . (1) The Agency \r\nshall undertake beautification and maintenance of areas required to be kept green by a \r\npublic land authority. \r\n(2) The Agency may maintain and beautify the areas required to be kept green \r\nby any private land authority or may require the private land authority to maintain and \r\nbeautify the same. \r\n(3) Where the Agency maintains or beautifies a public park, green belt or green \r\narea situated in a privately developed area, it may charge maintenance charges from the \r\nprivate land authority which was required to maintain the public park, green area or green \r\nbelt, in such manner as may be prescribed. \r\n21. Duty on persons to maintain green belts . (1) The Agency may require the \r\nresident or owner of a property to maintain a green belt between his property and the public \r\nroad. \r\n(2) The Agency may recover a fixed charge in accordance with a schedule of \r\ncharges from the owner of the property for maintaining a green belt which the owner has \r\nfailed to maintain in accordance with its directions and in such manner as may be \r\nprescribed. \r\n(3) If the Agency finds that a green belt has been raised by an owner or occupier \r\nof a property abutting to it or has been bricked over or concretized, it may require the said \r\nowner or the occupier to remove the construction and bring it to the level notified by it and \r\nif the person does not comply with the directions of the Agency within a reasonable time, \r\nthe Agency may recover the cost of removal in accordance with a schedule of costs. \r\n(4) Notwithstanding anything contained in sub -section (3), the Agency may \r\nremove a construction from a green belt or bring the level of a green belt to the prescribed \r\nlevel at its own cost. \r\n22. Continuation of contracts. (1) All contracts, permissions and leases granted by \r\nan empowering authority or its agency for the use of any public park, green belt or green \r\narea or the installation or placement of any billboard, sky sign or outdoor advertisement \r\non public or private property prior to the commencement of the Act, shall be subject to, \r\nand governed by, the provisions of the Act. \r\n(2) The Authority or its Agency shall not cancel any contract or withdraw any \r\npermission mentioned in sub-section (1) without providing an opportunity of hearing to the \r\naffected person. \r\n23. Fund of Authority . (1) There shall be a Fund to be known as the Punjab \r\nHorticulture Authority Fund and a separate fund of each Agency whic h shall vest in the \r\nAuthority and shall be utilized by the Authority and its Agency to perform their functions \r\nand meet their expenses including the payment of salaries and other remuneration to their \r\nofficers, employees, experts, advisers and consultants in such manner as may be \r\nprescribed by the regulations. \r\n(2) The Fund shall consist of: \r\n(a) loans and grants by the Government; \r\n(b) all moneys received from the Federal Government, Government and their \r\nbodies, local government, or any national or international agen cy by way of \r\ngrants, loans, advances or otherwise; \r\n(c) all fee, charges and other moneys received by the Authority or the Agency; \r\n(d) all moneys received by the Authority and the Agency from the disposal of \r\nlands, buildings and other moveable and immovable properties; \r\n(e) income from lease of property or from any investment made in pursuance of \r\nthe Act; and \r\n(f) all other sums received by the Authority and the Agency. \r\n(3) The Authority may, in consultation with Finance Department of Government, \r\nborrow money or raise funds by issuing bonds or debentures or otherwise for carrying out \r\nthe purposes of the Act. \r\n(4) In case of deficit revenue of the Authority, Government shall provide from its \r\nown resources or from any other source such sum as may be necessary for efficient \r\nperformance of functions of the Authority under the Act. \r\n(5) The Authority and its Agency may open their accounts in any scheduled bank \r\nin such manner as may be prescribed and may, in case of excess amount, invest in \r\nGovernment securities, Government sponsored saving schemes in such manner as may \r\nbe determined by the Authority and its Agency. \r\n(6) The fee and other charges collected by the Agency shall be transmitted to \r\nthe Fund at such ratio as may be determined by the Government. \r\n24. Budget. (1) The Di rector General, in case of the Authority, and the Managing \r\nDirector, in case of the Agency, shall prepare, in such manner and at such time as may be \r\ndetermined by the Authority, their respective budgets in respect of each financial year. \r\n(2) The Director G eneral shall place the budget of the Authority , for approval, \r\nbefore the Authority and Managing Director shall place the Agency’s Budget, after its \r\nrecommendation from the concerned Agency, before the Authority for approval: \r\nProvided that if the budget of the Agency is not approved by the Authority within \r\nthirty days from its receipt, without any observation in writing by the Authority, it shall be \r\ndeemed to have been approved by the Authority. \r\n25. Accounts. The Authority and the Agency shall maintain pro per accounts and \r\nother relevant records and prepare annual statement of accounts in such form and manner \r\nas may be prescribed through the regulations. \r\n26. Audit. (1) In addition to the audit conducted by the Government, the Authority \r\nand Agency shall appoint separate firms of charted accountants placed in category ‘A’ by \r\nState Bank of Pakistan, for the annual audit of their accounts. \r\n(2) The auditors, appointed under sub -section (1), shall submit their reports to \r\nthe Authority and the Agency, as the case may be, and the Authority and the Agency shall \r\ntake such actions and make such decisions as may be necessary in the light of such audit \r\nreport. \r\n27. Annual report. (1) The Authority shall, within six months of the close of a \r\nfinancial year, submit to the Government an annual report. \r\n(2) The annual report shall consist of: \r\n(a) the statement of accounts and audit reports of the Authority and the Agency; \r\n(b) a comprehensive statement of the works and activities of the Authority and \r\nthe Agency during the preceding financial year and its proposed projects and \r\nschemes; and \r\n(c) such other matters as may be prescribed or as the Authority may consider \r\nappropriate. \r\n(3) The Agency shall submit its report comprising of statements and other \r\nmatters, as provided under clauses (a), (b) and (c) of sub-section (2), within three months \r\nof the close of a financial year, to the Authority. \r\n(4) The Government shall, within three months of the receipt of the annual report \r\nfrom the Authority, cause it to be laid in Provincial Assembly of the Punjab. \r\n28. Complaints of illegal or unauthorized use. Any person may file a complaint in \r\nthe prescribed format to the Agency regarding the illegal use of any public park or green \r\nbelt or green area or any other violation of the Act and th e Agency on receipt of such a \r\ncomplaint shall inquire into the same and shall take such action as may be necessary \r\nunder the Act. \r\n29. Complaint. (1) Any person, body or entity aggrieved by the contravention of any \r\npolicy or standards established by the Agency in relation to the provision of services by an \r\nAgency under the Act, may file a complaint in writing with the Authority within thirty days \r\nof such contravention by the Agency. \r\n(2) The Authority shall, on receipt of a complaint, provide an opportunity of \r\nhearing to the complainant as well as to the concerned Agency before taking any action. \r\n(3) The procedure for hearing complaints under this section shall be such as \r\nmay be prescribed by the Authority. \r\n30. Appointment of officers and employees . The Authority and the Agency may \r\nappoint such officers , officials , advisors, experts, consultants and employees, as they \r\nconsider necessary for the efficient performance of their functions on such terms and \r\nconditions as they may deem fit. \r\n31. New schemes. The Agency shall approve the scheme authorized by the \r\nGovernment, local government or any other authority or agency in accordance with the \r\nrules and regulations made or framed under the Act. \r\n32. Offences, penalties and procedure. (1) If a person contravenes any provision \r\nof the Act, he shall, if no other penalty is provided for such contravention, be punishable \r\nwith imprisonment for a term which may extend to one year or with fine which may extend \r\nto five hundred thousand rupees or with both. \r\n(2) If a person continues to commit an act in violation of any order of the \r\nAuthority, he shall, in addition to any other punishment under the Act, be liable to \r\npunishment of fine which may extend to five thousand rupees for each day the offence \r\ncontinues. \r\n(3) If a person fails to obtain any permission under the Act, he shall be liable to \r\npunishment of fine which may extend to twenty-five thousand rupees. \r\n(4) If a person prevents, restricts or interferes with the performance or discharge \r\nof any of his functions or oblig ations by any employee of the Authority or the Agency, he \r\nshall be liable to imprisonment which may extend to thirty days and fine which may extend \r\nto twenty thousand rupees or both. \r\n(5) An offence punishable under the Act shall be cognizable on a complain t in \r\nwriting of an officer authorized by the Authority or the Agency to the officer in charge of the \r\nconcerned police station. \r\n33. Ownership of public parks, green belts or green area . The ownership of \r\nHeritage Park and any area notified as a public park , green belt or green area shall vest \r\nin the Authority. \r\n34. Cognizance and trial of offences . (1) An offence under the Act shall be \r\ncognizable and bailable. \r\n(2) The offences under the Act shall be tried in accordance with the provisions \r\nof the Code of Criminal Procedure, 1898 (V of 1898). \r\n35. Bar of jurisdiction. No order made in exercise of any power conferred by or under \r\nthe Act shall be called in question in any Court except in the manner provided under the \r\nAct. \r\n36. Delegation. The Authority may del egate to the Vice Chairperson, the Director \r\nGeneral, its committee, a Member, officer or employee, or its Agency or its Member, officer \r\nor employees any of its functions and powers subject to such conditions as it may think fit, \r\nexpect the following: \r\n(a) adaptation or amendment or repeal of regulations; \r\n(b) approval of annual budget of the Authority; \r\n(c) consideration and decision on the audit reports; \r\n(d) constituting a committee or filling a vacancy therein; and \r\n(e) filling a vacancy in the Authority. \r\n37. Indemnity. No suit, prosecution or other legal proceedings shall lie against the \r\nAuthority or the Agency and their Chairperson, Vice Chairperson, Members, officers, \r\nemployees, the Director General, and the Managing Director in respect of anything done \r\nor intended to be done in good faith under the Act. \r\n38. Employees to be public servant. All employees of the Authority and its Agencies \r\nshall be deemed to be public servants within the meaning of section 21 of the Pakistan \r\nPenal Code, 1860 (XLV of 1860). \r\n39. Power to make rules.– The Government may, by notification in the official Gazette, \r\nmake rules for carrying out the purposes of the Act. \r\n40. Power to frame regulations. Subject to the Act and the rules made thereunder, \r\nthe Authority may, by notification in the official Gazette, frame regulations for carrying out \r\nthe purposes of the Act. \r\n41. Repeal, omission and savings . (1) The Parks and Horticulture Authority Act \r\n2012 (XLVII of 2012), s ub-sections (2) to (6) of section 10, sub -section (2) of section 28 \r\nand section 29 of the Lahore Development Authority Act, 1975 (XXX of 1975), and clause \r\n(xvi) of sub -section (2) of section 7, sub -section (2) of section 27 and section 28 of the \r\nPunjab Development of Cities Act, 1976 (XIX of 1976) are hereby repealed. \r\n(2) Notwithstanding the repeal under sub -section (1), all schemes, projects, or \r\nworks started under the repealed Act and provisions under sub -section (1) but not \r\ncompleted shall be deemed to have been started, continued to be executed under the \r\nprovisions of the Act. \r\n(3) Notwithstanding the repeal under sub-section (1), all rules made, regulations \r\nframed, appointments made, orders and notifications issued, land acquired, schemes \r\nprepared or executed, rates determined and penalties and fee imposed, or other charges \r\nlevied, contracts entered into, bank accounts opened or fixed deposits made, suits \r\ninstituted by or against the Authorities made under the repealed Act, or any other right \r\naccrued, or liability incurred or action taken or proceedings initiated under the repealed \r\nActs, shall, so far as they are consistent with the provisions of the Act, continue in force \r\nand be deemed to have been made, imposed, levied, issued, entered into, opened, \r\ninstituted, prepared, executed, accrued or incurred, taken and initiated by the Authority or \r\nits Agency, as the case may be, under the Act: \r\nProvided that the existing employees of the A uthorities given in sub-section (1) of \r\nsection 8, shall continue to serve in their respective Authorities which are renamed a s \r\nAgencies under sub -section (1) of section 8 and their terms and conditions shall not be \r\naltered to their disadvantage. \r\n42. Act to prevail. In the event of any conflict or inconsistency between the provisions \r\nof the Act and the provisions of any other law, the provisions of the Act shall, to the extent \r\nof such conflict or inconsistency, prevail. \r\n43. Removal of difficulties . If any difficulty arises in giving effect to any of the \r\nprovisions of the Act, the Government may, by notification in the official Gazette, make \r\nsuch order, not inconsistent with the provisions of the Act, as it may deem necessary for \r\nthe purposes of removing such difficulty.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-46272121a29b1b03:sha256:7cca8ee24b63113f8e10a1314640c0b936131dc0ce626efa65248ecf291a7d28:chars-0-1754:9ed1d8e48308779d42885b9241dff891a7ad56d2fcfe6e46449666046083cece", "character_start": 0, "character_end": 1754, "utf8_byte_start": 0, "utf8_byte_end": 1754, "passage_sha256": "9ed1d8e48308779d42885b9241dff891a7ad56d2fcfe6e46449666046083cece", "reader_fragment": "p-0-1754-9ed1d8e48308779d" }, { "passage_id": 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