THE PUNJAB HORTICULTURE AUTHORITY ACT 2025
(Act LXX of
2025)
C O N T E N T
S
Section Heading
1. Short
title, extent, application and commencement.
2. Definitions.
3. Establishment
of Authority.
4. Composition
of Authority.
5. Meetings
of Authority.
6. Powers
and functions of Authority.
7. Director
General.
8. Establishment
of Agency.
9. Composition
of Agency.
10. Meetings
of Agency.
11. Powers
and functions of Agency.
12. Managing
Director.
13. Heritage
Park.
14. Public park, green belts and green areas.
15. Use
of public parks, green belts and green areas.
16. Access
to private property.
17. Installation
of billboards, sky signs and outdoor advertisements.
18. Advertisements
on vehicles.
19. Regulations
regarding green areas.
20. Maintenance
of public parks, green belts and green areas.
21. Duty
on persons to maintain green belts.
22. Continuation
of contracts.
23. Fund
of Authority.
24. Budget.
25. Accounts.
26. Audit.
27. Annual
report.
28. Complaints
of illegal or unauthorized use.
29. Complaint.
30. Appointment
of officers and employees.
31. New
schemes.
32. Offences,
penalties and procedure.
33. Ownership
of public parks, green belts or green area.
34. Cognizance
and trial of offences.
35. Bar
of jurisdiction.
36. Delegation.
37. Indemnity.
38. Employees
to be public servant.
39. Power
to make rules.
40. Power
to frame regulations.
41. Repeal,
omission and savings.
42. Act
to prevail.
43. Removal
of difficulties.
[1]THE PUNJAB HORTICULTURE AUTHORITY ACT 2025
(Act LXX
of 2025)
[05th August 2025]
An Act to provide for establishment of the Punjab
Horticulture Authority.
It is
necessary to establish the Punjab Horticulture Authority to regulate, develop
and maintain public parks, green belts and green areas in the Punjab; regulate
billboards, sky signs and outdoor advertisements and provide for the matters
connected therewith and ancillary thereto.
It is hereby enacted as follows:
1. Short
title, extent, application and commencement.- (1) This
Act may be cited as the Punjab Horticulture Authority Act 2025.
(2) It extends to whole of the Punjab.
(3) It applies to the areas of district
Lahore, areas notified under repealed Act and such other areas as the
Government may, by notification in the official Gazette, specify under the Act.
(4) It
shall come into force at once.
2. Definitions.- In the Act:
(a)
“Act”
means the Punjab Horticulture Authority Act 2025;
(b)
“Agency”
means the Agency established under the Act;
(c)
“Authority”
means the Punjab Horticulture Authority established under the Act;
(d)
“billboard”
includes an advertisement fixed, placed or displayed on a structure other than
a building;
(e)
“Director
General” means the Director General of the Authority;
(f)
“empowering authority” means any authority, local government
or other entity empowered to allow use of a public park, green belt or green
area in any manner or to grant permission for installation of a billboard, sky
sign, outdoor advertisement or advertisement prior to the commencement of the
Act;
(g)
“Fund”
means the Punjab Horticulture Authority Fund established under the Act;
(h)
“Government”
means Government of the Punjab;
(i)
“green area” means any area notified under the Act as green
area which is required to be kept green other than a public park or green belt
and includes a notified play ground;
(j)
“green belt” means an area notified under the Act as green
belt other than a public park which is kept as an open space in any locality or
area either in pursuance of a development plan or otherwise;
(k)
“Heritage
Park” means any area having historical, traditional or cultural value notified
under the Act;
(l)
“Managing
Director” means the Managing Director of the Agency;
(m)
“outdoor advertisement” means a streamer, board, poster,
banner, or any other thing placed, painted, pasted or installed on a public or
private building or property so that it is visible from a public place and
which is intended to inform the reader of the availability of a service,
product or outlet or otherwise promote a person or a message;
(n)
“person”
includes a body owned or controlled by the Federal Government or the Government
or any other Provincial Government, or a company, association or body of
individuals, whether incorporated or not;
(o)
“prescribed”
means prescribed by the rules or regulations made or framed under the Act;
(p)
“private land authority” means any natural or legal person
engaged in the development of land or maintenance of an area or provision of
municipal services other than a public land authority;
(q)
“public land authority” includes a statutory or executive
body established by the Government for development of land or engaged in the
development of land or maintenance of an area or provision of municipal
services;
(r)
“public park” includes a park or space reserved for use as a
public park and notified under the Act as a public park;
(s)
“regulations”
means the regulations framed under the Act;
(t)
“repealed Act” means the Act repealed under sub-section (1)
of section 41 of the Act;
(u)
“rules”
means the rules made under the Act;
(v)
“sky sign” means a sign installed on a building for its view
from a distance; and
(w)
“vehicle”
includes mechanically propelled vehicle and a human or animal driven carriage.
3. Establishment
of Authority.- (1) The
Government shall, by notification in the official Gazette, establish an
Authority to be known as the Punjab Horticulture Authority for carrying out the
purposes of the Act.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal with power to acquire, hold and
dispose of movable or immovable property and shall, by the said name, sue and
be sued.
(3) The Authority shall not dispose of its
immovable property without prior approval of the Government.
4. Composition of Authority.- (1) The
Authority shall consist of:
(a)
|
Chief
Minister or his nominee. |
Chairperson |
(b)
|
a
person to be nominated by the Chief Minister. |
Vice
Chairperson |
(c)
|
Minister
for Housing, Urban Development & Public Health Engineering |
Member |
(d)
|
Parliamentary
Secretary for Housing, Urban Development & Public Health Engineering |
Member |
(e)
|
Chairperson
of each Agency. |
Members |
(f)
|
Chairman
Planning and Development Board or his representative not below the rank of
Additional Secretary. |
Member |
(g)
|
Secretary
to the Government, Finance Department or his representative not below the
rank of Additional Secretary. |
Member |
(h)
|
Secretary
to the Government, Housing, Urban Development and Public Health Engineering
Department or his representative not below the rank of Additional Secretary. |
Member |
(i)
|
Secretary
to the Government, Local Government and Community Development Department or
his representative not below the rank of Additional Secretary. |
Member |
(j)
|
Secretary
to the Government, Environment Protection and Climate Change Department or
his representative not below the rank of Additional Secretary. |
Member |
(k)
|
Managing Directors of each Agency. |
Members |
(l)
|
four
technical experts including at least one female. |
Members |
(m)
|
Director General. |
Member/
Secretary |
(2) The Chief Minister may nominate a person
as Vice Chairperson for such period as he may deem fit.
(3) The Members at clause (l) of sub-section
(1), shall be nominated by the Chief Minister for a period of three years but
they shall serve during the pleasure of the Chief Minister.
(4) The Vice Chairperson or Member at clause
(l) of sub-section (1), may resign from his office by submitting his written
resignation to the Chief Minister.
(5) The Chairperson may co-opt any other
expert for assistance in a meeting but such co-opted expert shall not have any
right to vote.
(6) No act, decision, order or proceedings of
the Authority shall be invalid by reason of any vacancy or defect in the
constitution of the Authority.
5. Meetings of Authority.– (1) The Authority shall meet, at least, once
in three months at such time and place and observe such procedure with regard
to transaction of its business as may be prescribed by the regulations and
until so prescribed, as the Authority may determine.
(2) The meetings of the Authority shall be
presided over by the Chairperson, or in his absence, by the Vice Chairperson
and if both the Chairperson and Vice Chairperson are not available, then by a
Member so elected by the Members present.
(3) The
quorum for a meeting of the Authority shall be one half of its total
membership.
(4) The
decisions of the Authority shall be taken by majority of its Members present
and voting and in the event of equality of votes, the Chairperson or the person
presiding over the meeting, as the case may be, shall have the casting vote.
(5) The
Director General shall maintain a complete record of the minutes of the meeting
of the Authority.
(6) No
act, decision, order or proceedings of the Authority shall be invalid by reason
of any vacancy or defect in the constitution of the Authority.
6. Powers and
functions of Authority.- (1) The Authority shall
oversee and supervise the functions of the Agency for the purposes of the Act.
(2) Without
prejudice to the generality of the foregoing provision, the Authority shall:
(a)
give
policy directions to an Agency to develop and maintain public parks, green
belts, green areas, and protect trees and other vegetation;
(b)
regulate
use of public parks, green belts and green areas;
(c)
regulate
beautification of public parks, green belts and green areas;
(d)
regulate
installation of billboards, sky signs and outdoor advertisements on private or
public property;
(e)
constitute
committees for performing specific functions;
(f)
approve
its annual budget;
(g)
follow
the policy directions of the Government and comply with general or special
directions of the Government through itself or its Agency; and
(h)
perform
such other functions or exercise such other powers as may be necessary and
ancillary to the foregoing functions and powers.
7. Director
General.- (1) The
Chief Minister shall, on such terms and conditions as may be determined by him,
appoint the Director General of the Authority for a period of three years but
he shall serve during the pleasure of the Chief Minister.
(2) Notwithstanding
the expiration of the term of the Director General, Chief Minister may allow
him to continue to hold office for a further period of three months or till his
successor enters upon his office, whichever is earlier.
(3) The
Director General shall be responsible for general administration of the
Authority and shall perform such other functions as provided under the Act or
assigned to him by the Authority.
(4) The
Director General shall:
(a) be the whole-time
officer of the Authority;
(b) be the principal
accounting officer of the Authority; and
(c) be competent to
enter into contracts on behalf of the Authority on the direction of the
Authority.
(5) The
outgoing Director General shall, subject to fulfilling criteria, be eligible
for re-appointment as Director General.
(6) The
Director General may resign from his office by submitting his written
resignation to the Chief Minister.
8. Establishment of Agency.- (1) Upon commencement of
the Act, the Authorities reflected in column 1 below, shall be deemed to have
been established as Agencies as reflected in column 2 below and continue to
work as Agencies in the areas for which they were established under the repealed
Act, unless altered, modified or changed by the Government and shall be
governed under the Act:
Column 1 |
Column 2 |
Parks and
Horticulture Authority, Lahore. |
Horticulture Agency, Lahore. |
Parks
and Horticulture Authority, Gujranwala. |
Horticulture
Agency, Gujranwala. |
Parks
and Horticulture Authority, Sargodha. |
Horticulture
Agency, Sargodha. |
Parks
and Horticulture Authority, Sialkot. |
Horticulture
Agency, Sialkot. |
Parks
and Horticulture Authority, Rawalpindi. |
Horticulture
Agency, Rawalpindi. |
Parks
and Horticulture Authority, Faisalabad. |
Horticulture
Agency, Faisalabad. |
Parks
and Horticulture Authority, Multan. |
Horticulture
Agency, Multan. |
Parks
and Horticulture Authority, Sahiwal. |
Horticulture
Agency, Sahiwal. |
Parks
and Horticulture Authority, Bahawalpur. |
Horticulture
Agency, Bahawalpur. |
Parks
and Horticulture Authority, Gujrat. |
Horticulture
Agency, Gujrat. |
Parks
and Horticulture Authority, Dera Ghazi Khan. |
Horticulture
Agency, Dera Ghazi Khan. |
(2) The
Government may, by notification in the official Gazette, establish one or more
Agencies, other than the Agencies provided under sub-section (1), for such area
as provided in such notification for the purposes of the Act.
(3) The
Government may, by notification in the official Gazette, entrust to any
existing Agency to provide such service in such area as may be provided in such
notification.
9. Composition of Agency.- (1)
Each Agency shall consist of Chairperson to be nominated by the Chief Minister
and the following Members:
(a)
|
representative of Housing, Urban Development and
Pubic Health Engineering Department, not below the rank of Additional
Secretary. |
Member |
(b)
|
representative of Local Government and Community
Development Department, not below the rank of Additional Secretary. |
Member |
(c)
|
representative of Environment Protection and Climate
Change Department, not below the rank of Additional Secretary. |
Member |
(d)
|
representative
of Finance Department not below the rank of Additional Secretary. |
Member |
(e)
|
representative
of Planning and Development Board, not below the rank of Additional
Secretary. |
Member |
(f)
|
two
Members of Provincial Assembly of the Punjab, including one female Member, to
be nominated by the Chief Minister. |
Members |
(g)
|
Deputy
Commissioner of the concerned district. |
Member |
(h)
|
an
officer of the Authority nominated by it. |
Member |
(i)
|
three
technical experts, including at least one female. |
Members |
(j)
|
Managing
Director. |
Member/Secretary |
(2)
The Chairperson of the Agency shall
be nominated by the Chief Minister for such a period as the Chief Minister
deems fit but he shall serve during the pleasure of the Chief Minister.
(3) The Members at clause (i) of sub-section (1), shall be nominated by the Chief
Minister for a period of three years but they shall serve during the pleasure
of the Chief Minister.
(4) The Member at clause (i) of sub-section (1), may resign from his office by
submitting his written resignation to the Chief Minister.
10. Meetings of Agency.– (1) The Agency shall meet, at least, once in
three months at such time and place and observe such procedure with regard to
transaction of its business as may be determined by its Chairperson.
(2) The meetings of the Agency shall be
presided over by the Chairperson, or, in his absence, by the Member nominated
by the Chairperson and if so not possible, then by a
Member, from amongst the Members, so elected by the Members present.
(3) The quorum for a meeting of the Agency
shall be one half of its total Members.
(4) The decisions of the Agency shall be
taken by majority of its Members present and voting and in the event of
equality of votes, the Chairperson or the person presiding over the meeting, as
the case may be, shall have the casting vote.
(5) The Managing Director shall maintain
complete record of the minutes of the meeting of the Agency.
(6) No act, decision, order or proceedings
of the Agency shall be invalid by reason of any vacancy or defect in the
constitution of the Agency.
11. Powers and functions of Agency.- (1) The Agency may
perform such functions and exercise such powers, within its area as are
necessary for carrying out the purposes of the Act.
(2) Without prejudice to the generality of
the foregoing provisions of sub-section (1), the Agency shall have power to:
(a)
develop
and maintain public parks, green belts, green areas and urban forests;
(b)
administer
use of public parks, green belts and green areas;
(c)
administer
beautification of public parks, green belts and green areas;
(d)
administer
the installation of billboards, sky signs, digital screens, outdoor
advertisements on private or public property in the manner as may be prescribed
by the Authority;
(e)
establish
and maintain botanical gardens for the purposes of the Act;
(f)
create
awareness about horticulture, promote gardening and ensure preservation of
existing horticulture works in its area;
(g)
organize
shows and exhibitions pertaining to horticulture, aviculture and cultural
entertainment;
(h)
protect
trees and other vegetation:
provided that it may consider cutting of trees on case to case basis by ensuring adequate replacement;
(i)
create
awareness about horticulture and promote gardening;
(j)
acquire
land for the development of any public park, green belt, or green area;
(k)
procure
machinery, equipment or material as may be required for the proper discharge of
its functions;
(l)
grant
a service contract for the maintenance of public parks, green belts or green
areas to any private or public limited company in accordance with the
prevailing law; and
(m)
place,
after its recommendation, its annual budget before the Authority for approval.
(3) The Agency may also undertake such other
functions entrusted to it under any other law for the time being in force.
(4) Under intimation to the Authority, the
Agency may, subject to its capacity, perform such functions or execute such
schemes as entrusted to it by the Government, local government or any other
authority or agency established under any other law for the time being in
force.
12. Managing Director.- (1) The Managing Director for each Agency shall be appointed by
the Chief Minister for a period of three years on such terms and conditions as
may be prescribed through rules and, until so prescribed, as may be determined
by the Chief Minister, but he shall serve during the pleasure of the Chief
Minister.
(2) Notwithstanding the
expiration of the term of the Managing Director, Chief Minister may allow him
to continue to hold office for a further period of three months or till his
successor enter upon his office, whichever is earlier.
(3) The Managing
Director shall:
(a) be
the whole-time officer of the Agency;
(b) have
the general management of the business of the Agency;
(c) ensure
the implementation of the orders and directions of the Agency; and
(d) exercise such other
powers and perform such other functions as may be entrusted to him by the
Agency.
13. Heritage Park.- (1) The Government may, by notification in the official Gazette,
declare an area as Heritage Park to conserve the heritage or culture and to
preserve, conserve and develop the flora and fauna for the present and future
generations.
(2) The Heritage Park
shall be maintained and developed by the Agency in the prescribed manner.
14. Public
park, green belts and green areas.- The Government may by notification in the official Gazette, declare
a park or area reserved for use as a public park or an area or any space as a
public park, green belt or green area or playground, as the case may be.
15. Use of public parks,
green belts and green areas.- (1)
If any person intends to use a public park, green belt or green area for any
purpose other than the normal use of the place, he shall make an application,
in writing, to the concerned Agency.
(2) If the intended use
affects the rights of the neighbours or residents of
the area in general, the Agency shall invite objections from them and decide
the objections before taking a decision.
(3) The Agency shall
not grant permission if the intended use affects the rights of the neighbours or residents of the area to the free and
uninterrupted use of the roads abutting the public park, green belt or green
area or results in the conversion of the public park or green area or green
belt into any other thing or changes the general outlook of the locality.
(4) The Agency shall
not grant permission for a period exceeding fifteen days if the intended use is
likely to bring, directly or indirectly, any financial benefit to the applicant
or any other person.
(5) Notwithstanding
anything contained in the Act, the Agency shall not grant permission for using
any public park, green belt or green area as a parking place.
(6) Notwithstanding
anything contained in sub-section (3) and sub-section (4), the Agency may, for
such initial or extended period and on payment of such fee as it may determine,
grant permission for the deployment of an allocated area of a public park for provision
of food, playing facilities, sale of plants, horticultural equipment, books or
for any other purpose if that activity does not adversely affect the ambience,
character and outlook of the public park.
(7) Where the Agency
gives permission for use of a public park, green belt or green area, it shall
issue a permission order indicating the duration and nature of the permission
and other terms and conditions mentioned in the order and such order shall be
duly displayed at a prominent place of the public park, green belt or green
area.
16. Access to private
property.- (1) Where a green belt or green area
lies between a property and a service lane or public road, the owner of the
property may, subject to the permission by the Agency, use the green belt for
accessing his property in a reasonable manner but the permission shall be
restricted to the extent of acquiring access and shall, in no manner, be deemed
to allow the use of any part of the green belt for any other purpose or the use
of the entire green belt or green area abutting the property for the purposes
of access.
(2) Notwithstanding
anything contained in sub-section (1), a person shall not, in any manner, use
or change the nature of any green belt for the purpose of acquiring access to a
service lane from the main road.
17. Installation of
billboards, sky signs and outdoor advertisements.- (1) If any person intends to install a billboard, sky sign or
outdoor advertisement in any manner on private or public property or public
park, green belt or green area, he shall make an application in the prescribed
manner to the Agency.
(2) If the billboard,
sky sign or outdoor advertisement affects the rights of the neighbours
or residents of the area in general or road users, the Agency shall invite
objections from them and decide the objections before taking a decision.
(3) The Agency shall
not grant permission if the installation of the billboard, sky sign or outdoor
advertisement affects the rights of road users to safe and secure usage or view
of the residents or provision of light and air, or the view or sanctity of a historical
monument.
(4) The permission for
installation of billboard, sky sign or outdoor advertisement shall include such
safety measures as may be determined by the Agency or as may be prescribed, and
shall not, in any case, exceed such period as the Agency may determine or as
may be prescribed.
(5) A person shall not
install or continue installation of a billboard, sky sign or outdoor
advertisement except in accordance with the permission of the Agency.
(6) Where the Agency
gives permission for installation of a billboard, sky sign or outdoor
advertisement, it shall issue a permission number which shall be displayed on
the billboard, sky sign or outdoor advertisement.
(7) Notwithstanding
anything contained in sub-section (1) and while acting in accordance with the
provisions of sub-sections (2) to (6), the Agency may identify public places
for installation of billboards, sky signs, and outdoor advertisements and may
allow the installation of billboards, sky signs, and outdoor advertisements at
these places on such terms and conditions as may be prescribed.
(8) The Agency may
charge such fee as may be prescribed by the Authority for grant of permission
for installation of a billboard, sky sign or outdoor advertisement.
(9) The Agency may
lease, in the prescribed manner, any of its sites or poles, for outdoor
advertisement, for such initial or extended period and on such terms and
conditions as the Authority may determine or as may be prescribed.
18. Advertisements on vehicles.-
(1) No person shall display any advertisement on any vehicle or any
other moveable property except with the prior permission of the Agency.
(2) The Agency may
charge such fees as for the grant of permission to display advertisements on
vehicles as the Authority may approve.
(3) The Agency shall
not grant permission to display an advertisement on a vehicle for a period
exceeding twelve months.
(4) The Agency shall
issue a permission number for display on the advertisement.
(5) The Agency shall
not give permission for an advertisement which is against public morals or
promotes an activity or product the performance or sale of which, is barred by
law.
19. Regulations
regarding green areas.- (1)
The Agency shall determine the extent of a planned area to be reserved and
maintained as a public park, green belt or green area.
(2) A public land
authority or a private land authority shall obtain prior sanction of the Agency
for any development plan.
(3) The Agency may
obtain a copy of the development plan or land use plan of a public land
authority or a private land authority which contains detailed specifications of
the areas reserved as public parks, green areas or green belts and the public
or private land authority shall, within thirty days, provide the development
plan or land use plan to the Agency.
(4) The Agency shall
determine:
(a) the level of green
belts from the road and the method and way of their planting and maintenance;
(b) the percentage of a
public park that may be reserved for parking and provision of food;
(c) the maintenance and
usage of a public park; and
(d) the maintenance and
usage of a green area.
20. Maintenance of
public parks, green belts and green areas.- (1) The Agency shall undertake beautification and maintenance of
areas required to be kept green by a public land authority.
(2) The Agency may
maintain and beautify the areas required to be kept green by any private land
authority or may require the private land authority to maintain and beautify
the same.
(3) Where the Agency
maintains or beautifies a public park, green belt or green area situated in a
privately developed area, it may charge maintenance charges from the private
land authority which was required to maintain the public park, green area or
green belt, in such manner as may be prescribed.
21. Duty on persons to maintain green belts.- (1)
The Agency may require the resident or owner of a property to maintain a green
belt between his property and the public road.
(2) The Agency may
recover a fixed charge in accordance with a schedule of charges from the owner
of the property for maintaining a green belt which the owner has failed to
maintain in accordance with its directions and in such manner as may be
prescribed.
(3) If the Agency finds
that a green belt has been raised by an owner or occupier of a property
abutting to it or has been bricked over or concretized, it may require the said
owner or the occupier to remove the construction and bring it to the level
notified by it and if the person does not comply with the directions of the
Agency within a reasonable time, the Agency may recover the cost of removal in
accordance with a schedule of costs.
(4) Notwithstanding
anything contained in sub-section (3), the Agency may remove a construction
from a green belt or bring the level of a green belt to the prescribed level at
its own cost.
22. Continuation of contracts.-
(1) All contracts, permissions and leases granted by an empowering
authority or its agency for the use of any public park, green belt or green
area or the installation or placement of any billboard, sky sign or outdoor
advertisement on public or private property prior to the commencement of the
Act, shall be subject to, and governed by, the provisions of the Act.
(2) The Authority or
its Agency shall not cancel any contract or withdraw any permission mentioned
in sub-section (1) without providing an opportunity of hearing to the affected
person.
23. Fund of Authority.- (1)
There shall be a Fund to be known as the Punjab Horticulture Authority Fund and
a separate fund of each Agency which shall vest in the Authority and shall be
utilized by the Authority and its Agency to perform their functions and meet
their expenses including the payment of salaries and other remuneration to
their officers, employees, experts, advisers and consultants in such manner as
may be prescribed by the regulations.
(2) The Fund shall
consist of:
(a)
loans
and grants by the Government;
(b)
all
moneys received from the Federal Government, Government and their bodies, local
government, or any national or international agency by way of grants, loans,
advances or otherwise;
(c)
all
fee, charges and other moneys received by the Authority or the Agency;
(d)
all
moneys received by the Authority and the Agency from the disposal of lands,
buildings and other moveable and immovable properties;
(e)
income
from lease of property or from any investment made in pursuance of the Act; and
(f)
all
other sums received by the Authority and the Agency.
(3) The Authority may,
in consultation with Finance Department of Government, borrow money or raise
funds by issuing bonds or debentures or otherwise for carrying out the purposes
of the Act.
(4) In case of deficit
revenue of the Authority, Government shall provide from its own resources or
from any other source such sum as may be necessary for efficient performance of
functions of the Authority under the Act.
(5) The Authority and
its Agency may open their accounts in any scheduled bank in such manner as may
be prescribed and may, in case of excess amount, invest in Government
securities, Government sponsored saving schemes in such manner as may be
determined by the Authority and its Agency.
(6) The fee and other
charges collected by the Agency shall be transmitted to the Fund at such ratio
as may be determined by the Government.
24. Budget.- (1) The Director General, in case of the Authority, and the
Managing Director, in case of the Agency, shall prepare, in such manner and at
such time as may be determined by the Authority, their respective budgets in
respect of each financial year.
(2) The Director
General shall place the budget of the Authority, for approval, before the
Authority and Managing Director shall place the Agency’s Budget, after its
recommendation from the concerned Agency, before the Authority for approval:
Provided that if the budget of the Agency is not approved by the
Authority within thirty days from its receipt, without any observation in
writing by the Authority, it shall be deemed to have been approved by the
Authority.
25. Accounts.- The
Authority and the Agency shall maintain proper accounts and other relevant
records and prepare annual statement of accounts in such form and manner as may
be prescribed through the regulations.
26. Audit.- (1) In addition to the audit conducted by the
Government, the Authority and Agency shall appoint separate firms of charted
accountants placed in category ‘A’ by State Bank of Pakistan, for the annual
audit of their accounts.
(2) The auditors,
appointed under sub-section (1), shall submit their reports to the Authority
and the Agency, as the case may be, and the Authority and the Agency shall take
such actions and make such decisions as may be necessary in the light of such
audit report.
27. Annual report.- (1)
The Authority shall, within six months of the close of a financial year, submit
to the Government an annual report.
(2) The annual report
shall consist of:
(a) the statement of
accounts and audit reports of the Authority and the Agency;
(b) a comprehensive
statement of the works and activities of the Authority and the Agency during
the preceding financial year and its proposed projects and schemes; and
(c) such other matters
as may be prescribed or as the Authority may consider appropriate.
(3) The Agency shall
submit its report comprising of statements and other matters, as provided under
clauses (a), (b) and (c) of sub-section (2), within three months of the close
of a financial year, to the Authority.
(4) The Government
shall, within three months of the receipt of the annual report from the
Authority, cause it to be laid in Provincial Assembly of the Punjab.
28. Complaints of
illegal or unauthorized use.- Any
person may file a complaint in the prescribed format to the Agency regarding
the illegal use of any public park or green belt or green area or any other
violation of the Act and the Agency on receipt of such a complaint shall
inquire into the same and shall take such action as may be necessary under the
Act.
29. Complaint.- (1)
Any person, body or entity aggrieved by the contravention of any policy or
standards established by the Agency in relation to the provision of services by
an Agency under the Act, may file a complaint in writing with the Authority
within thirty days of such contravention by the Agency.
(2) The Authority
shall, on receipt of a complaint, provide an opportunity of hearing to the
complainant as well as to the concerned Agency before taking any action.
(3) The procedure for
hearing complaints under this section shall be such as may be prescribed by the
Authority.
30. Appointment of officers and employees.- The
Authority and the Agency may appoint such officers, officials, advisors,
experts, consultants and employees, as they consider necessary for the
efficient performance of their functions on such terms and conditions as they
may deem fit.
31. New schemes.- The Agency shall approve the scheme authorized by the Government,
local government or any other authority or agency in accordance with the rules
and regulations made or framed under the Act.
32. Offences, penalties and procedure.- (1) If a person
contravenes any provision of the Act, he shall, if no other penalty is provided
for such contravention, be punishable with imprisonment for a term which may
extend to one year or with fine which may extend to five hundred thousand
rupees or with both.
(2) If a person
continues to commit an act in violation of any order of the Authority, he
shall, in addition to any other punishment under the Act, be liable to
punishment of fine which may extend to five thousand rupees for each day the
offence continues.
(3) If a person fails
to obtain any permission under the Act, he shall be liable to punishment of
fine which may extend to twenty-five thousand rupees.
(4) If a person
prevents, restricts or interferes with the performance or discharge of any of
his functions or obligations by any employee of the Authority or the Agency, he
shall be liable to imprisonment which may extend to thirty days and fine which
may extend to twenty thousand rupees or both.
(5) An offence
punishable under the Act shall be cognizable on a complaint in writing of an
officer authorized by the Authority or the Agency to the officer in charge of
the concerned police station.
33. Ownership of public
parks, green belts or green area.- The
ownership of Heritage Park and any area notified as a public park, green belt
or green area shall vest in the Authority.
34. Cognizance and trial of offences.- (1) An
offence under the Act shall be cognizable and bailable.
(2) The offences under the Act shall be
tried in accordance with the provisions of the Code of Criminal Procedure, 1898
(V of 1898).
35. Bar of jurisdiction.- No
order made in exercise of any power conferred by or under the Act shall be
called in question in any Court except in the manner provided under the Act.
36. Delegation.- The Authority may delegate to the Vice Chairperson, the Director
General, its committee, a Member, officer or employee,
or its Agency or its Member, officer or employees any of its functions and
powers subject to such conditions as it may think fit, expect the following:
(a) adaptation
or amendment or repeal of regulations;
(b) approval
of annual budget of the Authority;
(c) consideration
and decision on the audit reports;
(d) constituting
a committee or filling a vacancy therein; and
(e) filling
a vacancy in the Authority.
37. Indemnity.- No suit, prosecution or other legal proceedings shall lie against
the Authority or the Agency and their Chairperson, Vice Chairperson, Members,
officers, employees, the Director General, and the Managing Director in respect
of anything done or intended to be done in good faith under the Act.
38. Employees to be
public servant.- All employees of the Authority and its Agencies shall be deemed to
be public servants within the meaning of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860).
39. Power to make rules.– The Government
may, by notification in the official Gazette, make rules for carrying out the purposes of the Act.
40. Power to frame regulations.- Subject to the Act and the rules made thereunder, the Authority
may, by notification in the official Gazette, frame regulations for carrying
out the purposes of the Act.
41. Repeal,
omission and savings.- (1) The Parks and Horticulture Authority Act 2012
(XLVII of 2012), sub-sections (2) to (6) of section 10,
sub-section (2) of section 28 and section 29 of the Lahore Development
Authority Act, 1975 (XXX of 1975), and clause (xvi) of sub-section (2) of
section 7, sub-section (2) of section 27 and section 28 of the Punjab
Development of Cities Act, 1976 (XIX of 1976) are hereby repealed.
(2) Notwithstanding the
repeal under sub-section (1), all schemes, projects, or works started under the
repealed Act and provisions under sub-section (1) but not completed shall be
deemed to have been started, continued to be executed under the provisions of
the Act.
(3) Notwithstanding
the repeal under sub-section (1), all rules made, regulations framed,
appointments made, orders and notifications issued, land acquired, schemes
prepared or executed, rates determined and penalties and fee imposed, or other
charges levied, contracts entered into, bank accounts opened or fixed deposits
made, suits instituted by or against the Authorities made under the repealed
Act, or any other right accrued, or liability incurred or action taken or
proceedings initiated under the repealed Acts, shall, so far as they are
consistent with the provisions of the Act, continue in force and be deemed to
have been made, imposed, levied, issued, entered into, opened, instituted,
prepared, executed, accrued or incurred, taken and initiated by the Authority
or its Agency, as the case may be, under the Act:
Provided
that the existing employees of the Authorities given in sub-section (1) of
section 8, shall continue to serve in their respective Authorities which are
renamed as Agencies under sub-section (1) of section 8 and their terms and
conditions shall not be altered to their disadvantage.
42. Act to prevail.- In the event of any conflict or
inconsistency between the provisions of the Act and the provisions of any other
law, the provisions of the Act shall, to the extent of such conflict or
inconsistency, prevail.
43. Removal of difficulties.- If any difficulty arises in giving effect to any of the provisions
of the Act, the Government may, by notification in the official Gazette, make
such order, not inconsistent with the provisions of the Act, as it may deem
necessary for the purposes of removing such difficulty.
[1]This Act was passed by the Punjab Assembly on
30 July 2025; assented to by the Governor of the Punjab on 05 August 2025; and
was published in the Punjab Gazette (Extraordinary), dated 05 August 2025; pages
659-670.