Punjab Local Councils’ (Road and Street) Rules, 1981

The Punjab Local Councils’ (Road and Street) Rules, 1981

No. SO(V) 1-53/81 (15th October, 1981).---In exercise of the powers conferred on him by section 80 and 81 read with section 167 of the Punjab Local Government Ordinance, 1979 (VI of 1979) (hereinafter to be called the Ordinance), the Governor of the Punjab is pleased to make the following rules, namely,---

1.      Short title and commencement.---(1) These rules may be called the Punjab Local Councils (Road and Street) Rules, 1981.

(2)        They shall come into force at once.

2.      Lay-out of Streets.---(1) An urban local council may, from time to time, frame proposals for the lay out or re-lay-out of streets and public streets. Such proposals may, among other matters, provide for,---

(a)        the level, direction, width and means of drainage of the street;

(b)        the height and means of drainage of the buildings to be erected or re-erected on any side of the street;

(c)         the widening, opening, enlargement, extension, or otherwise improvement of any street;

(d)        the proportion of the width of the street to be devoted to carriage way, footway, tree-plantations, grassy plots, island refuses, street lamps, fountains and other public convenience;

(e)        the prescription of street lines and building lines; and

(f)         such other matters as the urban local council may consider necessary or Government may require.

(2)        The proposals framed under sub-rule (1) shall be published for inviting objections and suggestions in such manner as the urban local council may determine, and the final lay out shall be determined after taking such objections and suggestions, if any, into consideration.

(3)        The proposals finalised under sub-rule (2) shall be authenticated under the signature of chairman of the urban local council and copies thereof alongwith the map shall be made available at the office of the urban local council for public information and inspection.

3.      Street Map and Street Register.---(1) An urban local council shall maintain a street map and a street register.

(2)        The street map shall show every street in the urban local council, the lay out for which has been determined under rule 2.

(3)        The register shall show the necessary particulars about the lay out of streets determined under rule 2.

(4)        Copies of the street map and the street register shall be made available in the office of the urban local council for public information and inspection.

4.      Implementation of Lay-out.---(1) Where the lay out of a public street has been determined under rule 2, and the street vests in the urban local council, the urban local council shall take such steps as may be necessary to implement the lay out.

(2)        If a street for which a lay out has been determined under rule 2 is a street other than a public street the urban local council shall in the lay out specify the person or persons who shall be responsible for the implementation of layout and such person or persons, as the case maybe, shall take such steps as may be necessary or may be required by the urban local council to implementation of the lay out.

(3)        Any person who intends to make or lay out a street shall apply to urban local council determining the lay out of the street under rule 2, and no street shall be made or laid out except in accordance with the lay out determined by the urban local council.

(4)        If any street is laid out or any building is erected or re-erected in the absence of any lay out or in contravention of any lay out determined by the urban local council, the urban local council may be notice require the person concerned to take such action as may be specified in the notice, and in the event of default the urban local council may take necessary action through its own agency and recover the cost from the person at fault as if the amount involved were a tax under the Punjab Local Government Ordinance, 1979.

5.      Street Line.---(1) Where a street line is prescribed, no building shall be erected or re-erected to project beyond such line in the direction of the street.

(2)        If any part of a building projects beyond the street line in the case of a public street, an urban local council may,---

(a)        if the projecting part thereof is some structural external to the main building, then at any time; or

(b)        if the projecting part is as part of the main building then wherever the greater portion of such building has been taken down, burnt down or has fallen down;

(c)         required by written notice that the part of the building beyond the street line shall be removed, and the main building setback to the street line. The portion of the land added to the public street by such removal or set back shall thenceforth be deemed part of the public street and vest in the urban local council.

(3)        If any land, not vested in the urban local council whether open or enclosed line within a street line and is not occupied by any main building, the urban local council may, after giving the owner of the land not less than one month notice, in writing, take possession of the said land, and the land thus taken possession of shall become a part of the public street and vest in the urban local council.

(4)        For any land included in a public street under sub-rule (2) or sub rule (3) the urban local council shall pay to the owner compensation to be determined in accordance with the relevant law regarding acquisition of land.

6.      Building Line.---(1) Where a building line is prescribed, no building shall be erected or re-erected to project beyond such line in the direction of the street, except a hedge or a boundary wall not exceeding such height as the urban local council may specify.

(2)        If any part of a building projects beyond the building line, the urban local council may,---

(a)        if the projecting pat thereof is some structural external to the main building, then at any time; or

(b)        if the projecting pat of the main building then whenever the greater portion of such building has been taken down or burnt down or has fallen down;

(c)         required by notice in writing that the part of the building beyond the building line shall be removed and the main building setback to the building line.

7.      Regulation of the Pavement of Street and Execution of other Work.---(1) If a street, other than a public street, is not paves, meddled, drained, channelled or lighted to the satisfaction of the urban local council, the urban local council may, by a notice in writing require the person owning buildings and lands abutting on or adjoining such street to execute such works within such period as may be specified and may also specify the grant, if any, that will be paid out of the urban local council fund towards the execution of the such works and the manner in which such grant shall be paid.

(2)        The urban local council may with the approval of Government determine the basis and the manner for the payment of the grants under sub-rule (1).

(3)        If the works are not executed within the period specified in the notice, or if the works executed are not to the satisfaction of the urban local council, the urban local council may frame a draft scheme which may among other things specify,---

(a)        the works to be executed alongwith their estimated cost;

(b)        the proportion of the cost which shall be met out of the Local Fund;

(c)         the proportion of the cost which shall be paid by the persons owing buildings and land abutting on or adjoining such streets;

(d)        the names of persons owning buildings and lands abutting on or adjoining such street the amount payable by each such person and the manner in which including the installments, if any, by which such amount is to be paid.

(4)        Copies of the draft scheme prepared under sub-rule (3) shall be served on every person specified in the scheme and the final scheme shall be prepared after taking into consideration objections and suggestions, if any, presented by such persons within a period of thirty days of such service or within such further period as the urban local council may specify.

(5)        When a final scheme has been prepared under sub-rule (4), the Chairman of the urban local council shall take steps as may be necessary to implement the scheme.

8.      Road Maintenance and Development Programme.---(1) At the time of the preparation of the budget, and urban local council shall prepare a road maintenance and development programme for the year to which the budget relates.

(2)        The road maintenance and development programme shall specify,---

(a)        the maintenance and development works to be executed with regard to various public streets and roads;

(b)        the estimated cost of each work;

(c)         the priorities in which the work shall be executed;

(d)        the works to be executed under rule 7 with regard to streets other than public streets alongwith their estimated cost and the amount likely to be recovered from the persons concerned; and

(e)        such other matters as the urban local council may consider necessary or Government may require.

9.      Naming of roads and streets.---(1) No road or street shall be named after a person unless he is,---

(a)        the founder of the nation and person who was in the forefront of the freedom movement and took part in the creation of Pakistan;

(b)        a national personality (no longer alive) with unblemished record of service to the nation;

(c)         a hero who laid his life in the defence of the country;

(d)        a living or deceased head of a foreign state friendly towards Pakistan;

(e)        a foreign national in respect of whom permission has been granted by the Federal Government.

(f)         a famous Muslims character of history; and

(g)        a person who has rendered distinguished service to the urban local council.

(2)        No road or street shall be named after a person,---

(a)        if he is sitting member of the urban local council; or

(b)        if he holds any office under any local council, the Federal Government, Provincial Government or any public Authority or is a public representative.

(3)        Every proposal for the assignment of a name to a new road or street or for change in the name of an existing road or street shall be published for inviting objections and suggestions in such manner as an urban local council may determine and the final proposal shall be made after taking such objections and suggestions, if any, into consideration.

(4)        The urban local council shall forward its final proposal to Government for approval and no proposal shall be implemented without the express approval of Government.

10.   Conversation of Street into Public Streets.---(1) Where any works for a street other than a public street have been executed under rule 7 the urban local council may, and if so required by majority of the owners of buildings and of land abutting on or adjoining such street, shall declare such street to be a public street.

(2)        Where any works for a street other than a public street have not been executed under rule 7, but the urban local council considers it expedient that the street be converted into a public street, the urban local council may, with the concurrence of the majority of owners of the buildings and of the lands abutting on or adjoining such street, declare such street to be a public street.

(3)        When any street is declared as a public street, such street from the date of such declaration shall vest in the urban local council and the urban local council shall be responsible for its maintenance.

(4)        When any street is declared as a public street, the declaration shall be published in the street concerned in such manner, as the urban local council may consider necessary.

11.   Nuisance and Offences to Streets.---(1) No person shall cut down any tree, erect or demolish any building or do any act which is likely to cause obstruction, danger or annoyance or risk of obstruction, danger or annoyance to any person using a street without the previous permission in writing of the Chairman of the urban local council.

(2)        No person shall without the authority of the chairman deface or disturb any direction post, land post or any other property of urban local council in a street or a road.

(3)        No person shall, unless otherwise authorized under bylaws made by the urban local council, affix or cause to be affixed any poster, bill, notice, placard or other paper or mans of advertisement against or upon any road or street or any building, wall tree, board, fence, or pole so as to be visible from any road or street, or write upon soil, defame or mark any such building, wall, tree, board fence or pole with chalk or paint or in any other manner whatsoever.

(4)        No person shall affix, inscribe or stencil or permit to be affixed, inscribed or stenciled on any house, building, wall fence, pillar, post, board, tree or anything whatsoever, so as to be visible to a person being in or passing along any road or street any picture or printed or written matter of indecent or obscene nature.

(5)        No person shall throw or deposit any refuse on road or street except at the place specified by the urban local council for the purpose.

(6)        No person shall, except with the permission of the chairman or person authorized by him in that behalf,---

(a)        tether or picket animals, in a road or street;

(b)        part vehicles in a road or street other than at the place set apart for the purpose;

(c)         stock timber or other goods in a road or street;

(d)        break-up any road or street;

(e)        dig any pit in or adjacent to a road or street;

(f)         make encroach mention a road or street;

(g)        suffer any sullage to flow on a road or street;

(h)        use a road or street as a playground; or

(i)          do any act which may cause annoyance, risk or obstruction to the persons passing along any such road or street.

(7)        The chairman may from time to time, cause the roads and streets in the urban local council to be surveyed with a view to detecting nuisance pertaining to roads or streets. The chairman shall take such action as may be necessary to abate the nuisance in each case, including the summary removal of the cause of nuisance.

12.   Maintenance, Preservation, Protection and Improvement of Street.---(1) An urban local council shall take such steps as may be necessary to ensure the proper maintenance, preservation, protection and improvement of public streets.

(2)        The urban local council may by notice in writing declare the residents of a street to be jointly responsible for the preservation and protection of urban local council property in the street, and in the event of any damage to or loss of such property, the damage or loss shall be made good at the cost of the residents.

(3)        The Chairman, may from time to time, inspect any street and in the case of a street other than a public street by a written notice require the person or persons responsible for the maintenance of such street to take such action with regard to the maintenance of such street as may be specified in the notice. in the event of default, the chairman may take necessary action through the urban local council agency with regard to the maintenance of such street, and the cost involved shall be recovered from the persons at fault, as if it were in arrears of tax under the Ordinance.