PHA Lahore Regulations 2013in line with PHA Act and Punjab Outdoor Advertisement

& Signboard Policy

PARKS & HORTICULTURE AUTHORITYGOVERNMENT OF THE PUNJABNo.PHA/DG/DM/Dated Lahore the

NOTIFICATION

No____________________. In exercise of the power conferred underclause-31 of The Parks & Horticulture Authority Act XLVII of 2012, theParks & Horticulture Authority is pleased to frame its Regulations. TheRegulations shall be known as PHA Regulations for Outdoor advertisement.

These Regulations shall be operative & applicable with immediate effect.

PART I

DEFINITIONS

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. ACT: Means The Parks & Horticulture Authority Act XLVII of 2012,

ii. GOVERNMENT: Means Government of the Punjab.

iii. AUTHORITY: Means the Parks & Horticulture Authority created undersection 3 of Parks & Horticulture Authority Act XL VII of 2012.

iv. AREA: Means the whole or any part within the territorial jurisdiction ofDistrict Lahore/ Government of Punjab.

v. CONTROLLED AREA: Means an area notified by the Authority if required.

vi. PRESCRIBED: Means prescribed by rules / regulations.

vii. CHAIRMAN: Chief Minister or any other person nominated by the ChiefMinister Punjab.

viii. Vice Chairman: Minister for housing or any other person nominated byMinister of the housing.

ix. DIRECTOR GERNAL: Means, the Director General of the Authority.

x. COMPETENT AUTHORITY: Means, Director General of the Authority aperson or a Committee nominated by the Chairman / Government ofPunjab to be Act as member of board of Directors of the Authority.

xi. MEMBER: Means a person so notified by the Chairman / Government ofPunjab to act a member of board of Directors of the Authority asmentioned in clause-6 of the Parks and Horticulture Act 2012.

xi. OUTDOOR ADVERTISEMENT: Means all advertisement display, placed onthe roads, green belts/verges or private/government premises, shops &houses, hospitals, educational institutions , petrol pumps, fences, walls,vehicles etc and also include streamer, poster, banner or any other thingplaced, painted, pasted or installed and visible from a public place and isintended to inform the viewer of availability of a service, product or outletas mentioned in clause-2 of Parks and Horticulture Act 2012.

xii. ADVERTISING SUBSTANCE: Means, any one or more of the following: -

Trivisions, neon signs, hoardings, billboards, cutouts, pole signs, sky signs,directional boards, banners, streamers, moppy sign, LED screens,temporary advertisement structures, posters, one way vision, stickers,temporary publicity stalls hot-air balloon/blimp, moving vehicle such asBus, Truck, Float, Tractor, Trolley, Rehra, Cart, Tonga, Cycle, Auto Rickshaw,Taxi, Car, Jeep, Boat etc.

xiii. TRIVISION: Means, a publicity illuminated/non-illuminated board madeof steel structure having three visions.

xiv. NEON SIGNS: Means illuminated board particularly visible at night.

xv. BILLBOARD / HOARDING: Mean a publicity board made of MS sheet oniron poles/ girders fixed independently on a structure other than buildingfacade.

xvi. POLE SIGNS: Means an advertisement board of regulated size permittedto be installed/fixed on electric pole, street light pole, traffic light signalsetc.

xvii. SKY SIGNS: Means, a structure installed/employed, wholly or in parts forthe purpose of advertisement, erected on private/governmentbuilding/premises having view from a distance as described in clause-2 ofParks and Horticulture Act-2012.

xviii. BANNERS: Means, publicity material comprising of cloth, flex, parachuteetc. installed temporarily with ropes for the purpose of advertisement inhorizontal direction

xix. STREAMER: A vertical banner made of cloth, flex etc supported by aframe that can be installed on electricity poles, street light poles, trafficsignals on temporary basis.

xx. MOPPYSIGN: Means esthetically designed small scale structure/hoardingof specific size and can be installed in green belts, central medians, nearbus stops etc.

xxi. STREET FURNITURE: Means installation of service oriented features suchas Road Safety Sign, Directional Sign, Benches, Dustbins, Tree Guards,Pedestrian Bridges/ Underpasses Fascia, Water Coolers, Street Lights etc.

xxii. LED / LCD SCREEN: Means light emitting diode / liquid crystal displayscreen installed on properly designed steel structure.

xxiii. DIRECTIONAL SIGN: Means small board installed for theawareness/guidance of public towards a commercial or non-commercialentity.

xxiv. SHOP BOARD SIGN: Means outdoor advertisement installed on businesspremises but not limited to Shops, Banks, Petrol Pumps, Restaurants,Hotels, Clinics, Private School/Colleges, Franchised Outlets, DisplayCenters branded by National & Multinational Companies etc.

xxv. POSTERS: Means any publicity printed on paper for the purpose ofadvertisement pasted or fixed or placed anywhere on building, wall, tree,any type of poles, fences or on any moving vehicle pasted or fixed for thepurpose of advertisement.

xxvi. MOVING VEHICLES: Any type of advertisement, which is made on movingvehicles, such as bus, truck, tractor, trolley, floats, cycle, auto rickshaw,taxi, tonga, rehra, cart, boat or through air / aero plane etc as describedin clause-2 Parks and Horticulture Act-2012.

xxvii. COMMERCIAL BUILDING: Means, a building having shops or showrooms,offices, hotels, restaurants etc. on any floor and may also haveapartments in it or duly declared commercial by the concerned regulatorydepartment/authority.

xxviii. RESIDENTIAL BUILDING: Means, a building exclusively designed & isbeing used for residential purposes.

xxix. GREEN VERGE: Means the area between the boundary wall of houses,buildings and the roads.

xxx. PERSONS: May include an individual or a firm, cooperative society or association of individuals duly incorporated.

xxxi. REGISTERED ADVERTISERS: Means, person, Multinational/ National Companies duly registered with the Authority in the manner & system prescribed by the Authority.

xxxii. AUCTION: Means to lease/rent out Outdoor Advertisement of any nature through competitive bidding process to ensure transparency & fairness for a period as may be prescribed by the Authority

xxxiii.Private Housing Societies: Any residential area / colony / society /apartments, duly approved by the concerned regulatory department,constructed by private persons / builders falling within limits of districtLahore.

PART II

APPLICATION OF PHA REGULATIONS

Clause-2Every prospective Individual, Company, Agency or Federaland Provincial Government Department/Agencies,Autonomous/Semi-autonomous Bodies & Corporationsintending to carry, outdoor advertising within the limits ofthe area, controlled by the Authority shall comply with the“PHA REGULATIONS” and shall not undertake any jobpertaining to outdoor advertisement in PHA’s area withoutprior approval as prescribed.

EXEMPTION FROM PHA REGULATIONS

Clause-3i. There will be no exemption to these Regulations, however

Director General, PHA may, in his discretion allowawareness/publicity campaigns free of cost or onsubsidized charges for government, semi-government,NGOs, charitable organizations environment, health,sports and business oriented events such as conferences,exhibitions, seminars and entertainment/cultural events.

ii. The Director General, PHA may allow the Multinational orNational Companies to participate in the auction withoutregistration with PHA.

REGISTERED ADVERTISERS

Clause-4i. Every prospective Person, Company, Firm or an Agency intending to

carry out, outdoor advertising business (other than banners,streamers, floats, advertisement stalls and directional sign) shall beenlisted with PHA as registered advertiser.

ii. An advertiser shall get himself registered with PHA, by submittingan application as form “A” appended to these Regulations including,but not limited to the given information, company/firm name,address, status, name of directors/ partners/ proprietor, companyprofile, NTN number, sales tax registration number, registrationwith other government department and list of staff. Registrationform & Evaluation Criteria

iii. However, Multinational / National companies may conduct outdooradvertisement only for their own brand/product, withoutenlistment.

iv. Every prospective advertiser applying for registration withPHA shall submit an undertaking/affidavit on judicial paper inprescribed manner as determined by the Authoritysubscribing that he will unconditionally abide by thePolicy/Regulations, Instructions issued by PHA without fail.

v. RENEWAL: Every registered advertiser shall get the renewalon annual basis on payment of prescribed fee before 30th ofJune every year. However Competent Authority may extentdate of renewal upon application.

vi. The Director General PHA reserves the right to reject anyapplication for registration/renewal to work as an advertiserwith PHA after providing an opportunity of hearing andrecording reasons for such rejection in writing and may orderremoval of installed outdoor advertisement in public interest.

vii. The process of registration shall remain open around the yearunless any specific orders given by the Competent Authority.

Application for advertisement

Clause-5Installation of Trivision, Neon Sign, Hoarding/Billboard, MoppySigns, LED Screens along Roads / Green Belts:

a) Outdoor advertisement hoardings/ boards may be allowed atroadside which have been declared as commercial, but limitedto static advertisements. Any kind of moving signs, LCDs orLEDs shall not be permitted at roadsides however these maybe installed at pedestrian areas, market places or in parks.

b) No advertisement or signboards shall be installed inside centermedians, roundabouts except direction boards, Moppy signs,temporary cutouts/ area branding and publicity material to befixed on street furniture.

c) No publicity board shall be placed/erected in a way thatcreates hurdle in the free & smooth flow of traffic.

d) the sizes for billboard/hoardings are standardized as 60x20, 45x15, 30x10,10x20 and for moppy signs are 6x4, 8x4.

e) Minimum gap of 150 feet shall be kept between installation of twoadvertisement boards on each side and cluttering should not be created atany site.

f) In all cases the height limit of publicity board shall not exceed 35 feet fromthe ground level.

g) Permission to install publicity board at state land through open Auctionshall not be granted for more than one year and after the expiry of saidperiod open auction shall be held again.

h) PHA, if required may install its own structures forhoardings/billboards/LEDs and rent out its display to registeredadvertisers/national-multinational companies only through the process ofopen auction for a period of one year.

i) To maintain transparency & fair play all outdoor advertisement as stated

above shall be awarded through open auction only.j) Number of sites at one particular road shall be determined by the

Authority before any auction and shall remain frozen for the period of

auction.

Clause-6

Sky Signsi. RESIDENTIAL BUILDINGS: Installation of any kind of

advertisement at residential buildings/premises shall not bepermitted except for onsite signage for purpose of identification& information.

Onsite signage on the business premises shall be encouraged tobe standardized and limited to create an ambient and pleasantenvironment in prescribed manner.

ii. COMMERCIAL BUILDING: PHA may allow installation of façadebased & parapet sky signs at commercial Buildings.

The advertisement must not be placed on heritage building orother heritage items, excluding Railway Stations. Only onsitesignage would be allowed with specifications to be prescribedunder the relevant Law.

a. WALL SIGN / FAÇADE BASED SKY SIGNS: The sky sign can beinstalled on the façade / wall of commercial building with themaximum size of 1200 sq ft. Only one wall sign / façade basedsign can be installed per building elevation.

b. PARAPET SKY SIGN: Up to three storied commercial building isallowed to install sky sign up to 15 feet high from the roof levelwith parapet wall, with the maximum size of 1200 sq.ft.Property having more than three storey are not allowed toinstall any type of parapet sky sign on the rooftop. Façade based& Parapet sky sign shall not be allowed at one over the otherper building elevation.

c. Advertising firms/companies and owners of the premises arebound to provide free access & provide necessary assistance ifrequired to PHA officials in case any sky sign is to be removed onaccount of non-payment of rent, unstable structure, obscenemessage and any violation in PHA regulations/ Policy.

d. PUBLICITY MEDIA INSTALLED AT OPEN SPACES WITHIN THECOMMERCIAL PREMISES: The advertisement material installedwithin the open spaces of commercial premises shall be regulatedand appropriately charged by the PHA in the manners asprescribed from time to time.

INSTALLATION

e. All applications for installation of sky signs shall be submittedbefore Director General, PHA in manner prescribed from time totime but at least supported by following documents:

i. Photograph of location identifying the placement of the sky signduly signed by the applicant.

ii. Copy of agreement executed with building owner, duly signed bythe applicant.

f. In case, the application is found suitable for further processingthe applicant is bound to submit the following documents:

i. Structural Design/ Stability Certificate from PHA enlisted StructuralEngineer.

ii. Indemnity Bond on Judicial Paper indemnifying PHA against anyloss of life/property caused due to the applicants publicityboard and the applicant’s liability to compensate all such loss asper law.

iii. The advertisement charges duly notified by the PHA shall bedeposited only through a pay order/bank draft in favour of PHALahore in the manner/time as determined by the Authority.

g) Renewal of sky sign. The renewal of installed sky sign shall bemade after receiving the sky tax in advance, the sky tax shallbe charged bi-annually in two equal installments i.e. Januaryto June and July to December and the advertiser shall depositsky tax in first two months of the period after that PHAreserves the right to take appropriate action against thedefaulter. Permission for installation of any sky sign is forlimited period only and it is the sole discretion of PHA to orderremoval of any board at any time or not to renew any site, inpublic interest.

h) Removal of sky sign.

i. In case the advertiser intends to remove the sky sign, he shallinform PHA in writing at least two weeks’ in advance. Advancerent paid in this case is not refundable.

ii. Director General PHA may order removal/ non-renewal of anyfaçade based/ parapet based/ sky signs or any other publicitymedia on account of any change in regulations/policy,cluttering, unaesthetic or in public interest. A two weeks’notice in advance shall be given to the concerned advertiser forremoval and unconsumed rent if any shall be returned to theconcerned advertiser. If the board is not removed within twoweeks, the same shall be removed at the risk & cost ofadvertiser by the PHA.

i) Signage in private housing societies.

The outdoor advertisement installed in private housingschemes shall be regulated by the authority in line withRegulations.

Clause-7

Installation of Streamers, Operation of Floats and OtherTemporary Campaigns.

a) Streamer: Maximum size of streamer shall be 7x3 feetpreferably mounted on wooden frame etc. The PHA reservesthe right to use remaining portion of the pole for any otherpurpose or any other streamer.

b) Banner: No banner shall be fixed across the road.

c) Moving Float subject to the approval of design & size by thePHA.

d) Temporary Campaigns including Cutouts: Temporarycampaigns including cutouts are subject to the approval ofdesign & size by the PHA on the rates as decided by theAuthority. The Authority reserves the right to reject anyapplication without any reason.

SHOP SIGN CHARGESClause-8

Charges for Shop signs will be levied & collected by PHAaccording to the rates and manner prescribed by theAuthority. Individual shopkeeper non branded boards fixedat their shops are exempted from the payment of shop signcharges. However, the authority reserve the rights toregulate these board by imposition any levy.

POLICY / CRITERIA FOR ADVERTISING SUBSTANCE

a) Signboard site will not be given / renewed to anadvertiser, Multinational/ National Company who is eithera defaulter or recovery of the Authority is pending.Department may declare any registered advertiser asblack-listed in case of non payment of advertisementcharges or non-compliance of instructions issued by theauthority.

b) Every registered Advertiser, National or Multinational Company shallcomply with the Terms & Conditions, Regulations & Policy of the PHA at alltimes.

c) All outdoor advertisement and sign boards are fabricated in a structurallysafe manner and are installed in a manner which does not adversely affectroad safety or integrity of the building structure on which they are fixed.The advertising company / sole proprietor shall be bound to adhere theinstructions / guidelines issued by the Authority. (Indemnity Bond &Engineering Consultant)

d) In case of one vision film sticker the maximum limit is façade/ elevation ofthe building.

e) Permission to illuminate any publicity board shall be allowed by theAuthority as per the policy of the Government.

f) Any illegal publicity material installed shall be removed by the Authorityimmediately at the risk and cost of the advertiser/ premises owner,without prior notice.

g) Script/Display: Advertisements contrary to social norms, public morality,promoting obscenity, public decency /against the state/ anyreligion/creating ethnic or sectarian conflict, considered misleading to thegeneral public shall not be allowed, in case of any such display it will beremoved immediately, without any prior notice.

APPEAL

Clause-9

An appeal against the decision passed by the officers ofthe Authority under above referred clauses may be filedwith the Appellate Authority i.e. D.G. PHA, within 15days. Where upon the Appellate Authority will decidethe case within 15 days. The decision of AppellateAuthority will be final.

SPECIAL POWERSClause-10

a) The Director General may direct/order removal of any outdooradvertisement substance which is indecent, obscene oroffensive to good taste, structurally not safe or site is requiredfor any other purpose by PHA or by Government or in PublicInterest.

b) The Authority may at any time withdraw any of its approvalwithout assigning any reason, However the aggrieved will berefunded the balance of advance rent if any.

c) The Director General on behalf of the Authority shall use all thepowers provided in the Parks and Horticulture Authority Act2012.

d) The Director General PHA is the competent authority to take anypolicy decision in the interest of public.

e) The Director General shall approve the annual scheduled ofrates for all advertisement substances before 30th of June everyyear for next financial year.

OUT DOOR ADVERTISEMENT

Clause-11Sites for installation of hoarding/billboard, LED/LCD Screen or anyother structural sign on PHA land other than (sky signs, directionalboards, streamers, banners, floats and temporarycutout/campaigns) can only be awarded through the process ofopen & transparent auction.

All outdoor advertisement charges including that for Sky signs,directional boards, Streamers, Banners, Floats, Shop Board charges,temporary campaigns etc. displayed on the roads, shops or private,Government premises and within the city will be charged inaccordance with the schedule of rates for each & every type ofadvertisement duly issued by the Authority (prevailing schedule ofrates is appended as Annex ‘B’). Collection of all advertisementcharges shall be made only at the Head Office i.e. MarketingDepartment of PHA in manner as the Authority may prescribe.

EXPLANATION

Clause-12

1. The rate for all type of advertisement, publicity signs incase of private land / buildings will be of the schedule ‘B’.

2. The details of categories A, B & C of roads are Annexed ‘C’.

3. The PHA may re-categorize any road as and when required.

4. The PHA reserve the rights to levy, enhance, reduce orchange the schedule of rates in public interest at any time.

INSPECTION / EXAMINATION

Clause-13

The Authority may through its authorized official at any time; before approval ofapplication received and during execution of work, before & after receipt ofcompletion notice, inspect the installation.

If on making any inspection, the Authority find that the advertisementsubstance contravenes any of the provisions of these Regulations, the officialduly authorized by the Authority shall by written notice require the person(owner of building or applicant) within a period to be specified in such notice, tomake such alteration as shall be specified in such notice with the object ofbringing advertisement substance in conformity with the approval, specificationand policy of PHA. The compliance so desired shall be executed within oneweeks’ time.

In the event of default, without further notice the sky sign, hoarding, streamersetc. shall be removed by the Authority at the risk & cost of advertiser/premisesowner as the case may be.

In case of detection/report of any illegal outdoor advertisement substance, thesame shall be removed by PHA without any notice at the risk & cost ofadvertiser/owner that shall lead to confiscation of such material by PHA and thecost of which will be recovered through auction OR retuned on prescribedcharges as determined by the Authority.

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. shallmaintain the sites between their boundary walls and the road toensure that:• Proper leveling / dressing of the site and keeping it 2-inches

lower than the road level.• Turfing with plantation of trees / shrubs / ground covers and

flowers.• Proper cleanliness and to keeping it free from littering.• Permanent fence will not be permitted growing of hedges, plat-

form, barbed wire fencing and others barricades shall beavoided.

PART III

• In case the green verges are not properly maintained, as perspecified requirement, the Authority shall undertakedevelopment / up keep and recover from the owner / occupantall development charges.

• No land & Green Belt shall be used in a manner inconsistentwith the use prescribed in PHA Regulations.

• In case of dust, mulba, wild growth or litter etc lying at the saidarea, it will be termed as violation to PHA Regulations and thedefaulters would be dealt with according to the provisions ofthe Act and PHA Regulations, However before taking any action,the Authority will issue a notice to the occupants to rectify thecause within 15 days.

Director GeneralParks & Horticulture Authority

• No.DG/PHA/PS/ Dated: •

• A copy is forwarded for information to the:• Secretary to Chief Minister, Punjab.• PS to Minister H,UD&PHE Department• PS to Chief Secretary Punjab.• DCO Lahore • Chairman P&D Board, Punjab.• Secretary to Govt. of the Punjab, Finance Department.• PS to Secretary H,UD&PHE Department.• Commissioner Lahore Division, Lahore• Director General Lahore Development Authority.• Vice Chancellor, Horticulture Society of Pakistan.• All Administrative Secretaries, Govt. of the Punjab.• Superintendent, Punjab Printing Press, Government of Punjab for

publication in the official gazette.• All Directors / Deputy Directors, Parks & Horticulture Authority.

Thank You