Notification Advertisement
NOTIFICATION
No.DG/PHA/PS/4/99. In exercise of the power conferred under section-44 of Punjab Development of Cities Act, 1976, read with Government Notification No.S.O. (P)-3-/98 dated 21st September 1998 the Parks & Horticulture, Authority is pleased to frame its Regulations. The Regulations shall be known as PHA Regulations for;
a. Outdoor advertisement, billboard etc.
b. Up keep of the green strip between the boundary wall of houses, buildings and the road.
These Regulations shall be operative under the PHA and applicable with immediate effect in its area.
PART 1
DEFINITION
Clause-1
Definition of terms.
Unless otherwise express stated, the following terms shall, for the purpose of these regulations have the meaning indicated in this part. Where the terms are not defined they shall have their ordinary accepted meanings or such as the context may apply.
I. AREA: Means the whole or any part of the District of Lahore and area of authorities created under Punjab Development of Cities Act-1976.
II. ACT: Means the Punjab Development of cities Act-1976.
III. AUTHORITY: Means the Parks & Horticulture Authority created under section-3&4 of the Punjab Development of Cities Act-1976.
IV. CHAIRMAN: Means the Chairman of the Authority.
V. DIRECTORE GERNAL: Means the Director general Authority.
VI. CITY: Means an area declared by the Government to be a city for the purpose of activities of PHA.
VII. CONTROLLED AREA: Means an area notified as such by the authority.
VIII. GOVERNMENT: Means Government of the Punjab.
IX. MEMBER: Means, a member of authority and include its chairman.
X. PERSONS: Include an individual firm, cooperative society or association of individuals whether incorporated or not.
XI. PRESCRIBED: Means prescribed by rules / regulations.
XII. REGISTERED ADVERTISMENT: Means persons Multinational /National Companies qualified as such and enrolled on the list of approved advertisers maintained by the authority.
XIII. KANAL: Means a size of land equal to 20 Marlas or 500 sq. yard (418 m2).
XIV. Marla: Means a size of land equal to 25 sq. yard or 225 sq. feet (20.9 m2).
XV. RESIDENTIAL BUILDING: Means, a building exclusively designed for use as a human habitation, together with such out houses as are ordinary ancillary to the main building and used in connection therewith.
XVI. COMMERCIALS BUILDING: Means, a building having shops or showroom, offices, hotels, restaurants etc. on any floor and may also have apartments in it.
XVII. STUCTURE CALCULATION: Means, detailed calculation showing sufficiency of the strength of every load bearing part of the proposed structure.
XVIII. OUTDOOR ADVERTISEMENT: Means, all display signages whether place on the main roads, green belts /verges or private / Government buildings including shop & houses, hospitals, petrol pumps, fences, walls etc.
XIX. TRIVISION: Means, a publicity illuminated/non-illuminated board made of steel structure having three visions.
XX. NEON SIGNS: Means any name board notice board, indicating board advertisement, illuminated by electricity or any other mean including an illuminated night sign.
XXI. MMT SIGNS: Means any board made of MMT Sheet / Skin Sheet or like material.
XXII. HOARING / BILLBOARD: Means, a publicity board made of M.S sheet with wooden frame mounted on wooden or iron poles / girders or like material and fixed independently.
XXIII. CORRUGATED SIGNS: Means signboard of corrugated or sheets similar in structure.
XXIV. POLE SIGNS: Means, any name board, notice board or advertisement board installed / fixed on the electric pole, only approved sign is installed / fixed on the pole. The PHA reserves the right to use remaining portion of the pole for streamers / hangers.
XXV. SKY SIGNS: Means, any name board or notice board or any other thing or device employed, wholly or in parts for the purpose of advertisement, Erected on private / Government building and projecting above the top of wall to which it are affixed.
XXVI. SKY LINE: Sky line means upper line of the building in the area.
XXVII. NAME BOARD: Means, a board of any other substances used for the purpose of exhibiting the name of the firm or a business or individual.
XXVIII. ADVERTISING SUBSTANCE: Means, any one, or more of the following:
Corrugated, Trivisions, Neon Signs, MMT Signs, Hoardings, Billboard, Pole Signs, Sky Signs, Sky Signs, Name boards, Notice board, indicating boards, banners, LED, posters, skin, leaflets, any type of advertisement, on any moving vehicle including bus, truck, float, tractor, trolley, rehra, cart, tonga, auto rickshaw, taxi, car, jeep, boat or any other moveable vehicle or through air / aero plane etc.
XXIX. COMPETENT AUTHORITY: Means, the person or Committee so authorized by the Government or Authority to take cognizance of matters covered in the policy.
XXX. GREEN VERGES: Means the area between the boundary wall of houses, buildings and the roads.
XXXI. POSTERS: Any poster for the purpose of advertisement pasted or fixed or placed anywhere on building, wall, tree, any type of poles, fences or on any moving vehicle as described in Clause-1 Sub- Clause (xxvii) pasted or fixed anywhere for the purpose of advertisement.
XXXII. ADVERTISEMENT ON MOVING VEHICLES: Any type of advertisement, which is made on moving vehicle, such as bus, truck, tractor, trolley, floats, auto rickshaw, taxi, tonga, rehra, cart, boat or through air / aero plane etc.
XXXIII. LED / LCD: Means light emitting diode / liquid crystal display.
XXXIV. AUCTION: Means to rent out Outdoor Advertisement of any nature through competitive bidding after such period as may be prescribed by the Authority to ensure transparency and fairness.
PART II
APPLICATION OF PHA REGULATIONS
Clause-2
Every prospective advertiser including the Federal and Provincial Government, autonomous; semi autonomous and local bodies of Provincial and Federal. Govt., Federal and Provincial Government agencies intending to carry, outdoor advertising within the limits of the area, controlled by the authority shall comply with the “PHA REGULATIONS” and shall not under take any job of the kind in PHA’s area without prior approval as prescribed.
EXEMPTION FROM PHA REGULATIONS
Clause-3
i) There will no exemption to these Regulations,
ii) The D.G. may, in his discretion allow the publicity free of cost, which is purely of a charitable nature or is to be advertised in public interest.
iii) That the DG PHA may allow the Multinational or National Companies or both to participate in the auction.
EMPLOYEMENT OF REGISTERED ADVERTISERS
Clause-4
Every prospective advertiser intending to carry, outdoor advertisement job whether new or involving alternation shall employ a registered advertiser. Multinational / National companies to prepare and erect the proposed structure of advertising substance (Trivisions, Neon signs, Hoarding, Bill boards, pole sign, Sky signs, Name boards, Corrugated signs, indicating boards etc).
A practicing advertiser shall get him self- registered on the panel of advertisers of the authority, by submitting an application in form “A” appended to these Regulations. The authority reserves the right to approve or reject any such request.
SUBMISSION OF REQUEST FOR ADVERTISEMENT
Clause-5
i) RESIDENTIAL AREAS: Installation of advertisement and signboards in residential areas shall not be permitted except for on site signage for purpose of identification and information on buildings legally allowed for a purpose other than residential.
ii) COMMERCIAL AREA: The PHA may allow advertisement and signboards in the designated commercial areas, however, advertisements and signboards on buildings and roads shall not be allowed only if in conformity with the prevailing building regulations and other act, ordinance, rules, regulations, bylaw or notification issued to protect and preserve the environment, design and architecture or right of way in the area. Onsite signage on the business premises shall encourage be standardizing and limited to create an ambient and pleasant environment.
iii) ALONG ROADS DECLARED COMMERCIAL: Outdoor advertisements board and signs may be a lowed on roads which has been declared as commercial, but limited to static advertisements. Any kind of moving signs, LCDs or LEDs shall not be permitted along roadsides.
Note: For various locations, signboards will not disrupt the prevailing sky lines and in all cases should not acceded the height limit of 30ft to 35ft. The 3- story building is allowed to install any kind of board up to 10 ft height from the ground level with parapet wall. The property more then 3 stories are not allowed to install any type of sky sign on the rooftop however; the advertisement board may be affixed on the façade of the building.
All the applications receive 1 under the regulations regarding the private and commercial properties shall be placed for consideration and approval before the competent authority designated by the DG PHA and the decision of the authority shall be final.
POLICY / CRITERIA FOR ADVERTISING SUBSTANCE
Clause-6
a) No advertisement or signboards are installed inside road junctions, central medians and approaches to junctions.
b) Signboard size will not be given / renewed to advertisers, Multinational / National companies who is either defaulter or blacklisted.
c) The board will hinder the view of the drivers for safe driving and is not a hurdle in the free flow of traffic.
d) Minimum gap of 250 feet shall be kept between installations of two-advertisement board.
e) Minimum clearance between road level and lower edge of the signboard shall be 12 feet (in case of 20’x60’), 10 feet (in case of 15x’x45’) and 7 feet (in case of 10’x20’ or 10’x30’).
f) Generally permission will not be granted for more than two years and after the expiry of said period open auction shall be held.
g) Generally the installation of Advertising Substance in or on monument building, mosque or a place of national importance shall not be allowed.
h) No banner across the road will be allowed.
i) Every successful advertiser, national or multinational company shall provide appropriate insurance cover by a reputed insurance company to cater for any damage to life / property, which may arise due to any accident / act of nature related to the installation / operation / running of the auctioned publicity board.
j) Every successful advertiser, national or multinational company shall comply the terms and conditions, policy of the PHA which will be issued by PHA from time to time.
APPEAL
Clause-7
The appeal against the orders passed under above referred clauses may be filed to the appellate authority (to be not fined by the D.G.) within 15 days of the rejection orders. Where upon the Appellate Authority will decide the case within 15 days. The decision of Appellate authority will be final.
SPECIAL POWERS
Clause-8
a) The D.G. may at any time for reasons to be recorded in writing direct the removal of any bill board, notice board sign board etc. in his opinion such bill, or notice board etc is indecent, obscene or offensive to good taste or space or site is required for other purpose by PHA of Government or for public interest.
b) The Authority may at any time withdraw any of its approval mentioned in clause 7&8 without assigning any reason, However the aggrieved will be paid the balance of lease money proportionately.
c) The D.G on behalf of the Authority shall use all the powers provided in the Development of Cities Act 1976.
SKY SIGN
Clause-9
a) Display of any sign is on private, Government or any other property permissible subject to the approval of the authority in accordance with its policies & specifications. The authority shall charge for each sign/advertisement substance at the rates and manner as fixed from time to time.
SHOP SIGN CHARGES
Clause-10
b) Charges for permitting Shop sign will be levied & collected by PHA according to the rates and manner determined by the Authority.
OUT DOOR ADVERTISEMENT
Clause-11
All outdoor advertisement building Corrugated, Trivision, Neon Signs, MMT Signs, LED, LCD, Hoardings, Billboards, Pole signs, Sky signs, Name boards, Notice boards, Indicating boards and Banners etc, displayed on the roads, shops or private, Government premises and within the city will be charged in accordance with the policies and specifications of PHA (prevailing schedule ‘C’ is appended herewith). However, collection of the amount of charges shall be made only at the Head Office i.e. Marketing Section PHA in such manner as the Authority may determine.
Provided that this clause shall not apply to the display of their names by owners or occupants of private houses or premises at their houses or premises.
EXPLANATION
Clause-12
1. The rate for all type of advertisement publicity signs in case of private land/ buildings will be of the schedule ‘C’.
2. The details of categories A, B & C of roads are annexed.
3. The D-Categories means the roads / places falling inside localities / housing colonies other than the main road.
4. The PHA may re-categorize any road.
5. The PHA shall reserve the rights to enhance, reduce or change the rates in public interest.
INSPECTION / EXAMINATION
Clause-13
The authority through its authorized officers at any time, before approval of application received and during execution of work, before & after receipt of completion notice, inspect the installation.
If on making any inspection under the byelaws, the Authority find that the advertisement substance contravenes any of the provisions of these byelaws, the officer duly authorized by the Authority shall by written notices require the person (owner) within a period to be specified in such notice to make such alteration as shall be specified in such notice with the object of bringing advertisement substance in conformity with the approval, specification and policy of PHA.
In the event of default, without further notice the billboard hoarding, neon sign etc. shall be uprooted at the cost & risk of advertiser.
PART III
MAINTENANCE OF SITES ADJOINING THE BOUNDARY WALL
Clause-14
a) The owners/occupants of houses, shops, commercial buildings, cinemas, schools, clinics, banks, stores and petrol pumps etc. shall maintain the sites between their boundary walls and the road to ensure that:
i) Proper leveling / dressing of the site and keeping it 2-inches lower than the road level.
ii) Turfing with plantation of trees / shrubs/ ground covers and flowers.
iii) Proper cleanliness and to keeping it free from littering.
iv) Permanent fence will not be permitted growing of hedges. Plat-form, barbed wire fencing and others barricades shall be avoided.
In case the green verges are not properly maintained, as per specified requirement, the Authority shall undertake development / up keep and recover from the owner / occupant all development charges.
No land & Green Belt shall be used in a manner inconsistent with the use prescribed in PHA Regulations.
In case of dust, mulba, wild growth or litter etc lying at the said area, it will be termed as violation to PHA Regulations and the defaulters would be dealt with according to the provisions of the Act and PHA Regulations, However before taking any action, the Authority will issue a notice to the occupants to rectify the cause within 15 days.