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THE
(Pb. Ord. XIII of 2001)
C O N T E N T S
Sections
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
3. Ordinance to over-ride other laws.
4. Local Governments to work
within Provincial framework.
CHAPTER II
Local
Areas and Local Governments
5. Composition of local areas.
6. Delimitation
of Unions.
7. Delimitation of tehsils and districts.
8. Creation of a City District.
9. Setting up of a town
10. Local areas under previous law to continue.
11. Alteration of local areas.
12. Local governments for local areas.
CHAPTER III
District
Government
13. Composition of District Government.
14. Decentralized offices and grouping of offices.
15. Entrustment of certain decentralized offices to Tehsil Municipal Administration.
16. Authority and responsibility of District Government.
17. The Zila Nazim.
18. Functions and powers of the Zila Nazim.
19. Right of the Zila Nazim to
take part in Council’s meetings.
20. Personal responsibility of Zila Nazim.
21. Resignation of Zila Nazim.
22. Vacancy in the office of Zila Nazim.
23. [Omitted].
24. Recall of a Zila Nazim.
25. Setting aside the order of Zila Nazim by the Chief Executive of the Province.
26. Structure of District Administration.
27. Heads of offices and groups.
28. District Coordination Officer.
29. Functions and powers of Executive District Officer.
30. District administration working.
30A. Disciplinary powers of Nazims and Naib Nazims.
30B. District Officer (Revenue) to act as Collector.
31. Rules of Business for disposal of work.
32. Assignment of work to Tehsil Municipal Administration.
33. Disposal of Government’s work.
34. Performance evaluation.
35. Offices of the City District.
36. Integrated management of services in City District.
CHAPTER IV
Zila
Council
37. Composition
of Zila Council.
38. Secretariat of the Council.
39. Functions and powers of Zila Council.
40. Functions of Zila Council in a City District.
41. Zila Council to approve certain plans for towns.
42. Conduct of the business of Zila Council.
43. Address of Zila Nazim.
44. Joint committee of Councils.
45. Setting aside the resolution of Zila Council by the Chief Executive of the Province.
46. Resignation of Naib Zila Nazim.
47. No confidence motion against Naib Zila Nazim.
48. Power of Zila Council to elect officiating Zila Nazim.
CHAPTER V
Tehsil
and Town Municipal Administration
49. Composition of Tehsil Municipal Administration.
50. Town Municipal Administration.
51. Provisions relating to tehsils apply to towns.
52. Entrustment of certain decentralized offices to Tehsil Municipal Administration.
53. Structure of the Tehsil Municipal Administration.
54. Functions and powers of the Tehsil Municipal Administration.
54-A. Functions and powers of the Town Municipal Administration.
55. Fiscal transfer to Tehsil Municipal Administration.
56. Tehsil Nazim.
57. Functions of Tehsil Nazim.
58. Tehsil Municipal Officer.
58-A. Town Officer or Tehsil Officer.
58B. Performance evaluation of officers of tehsil.
59. Personal responsibility of Tehsil Nazim.
60. Resignation of Tehsil Nazim.
61. Vacancy of the Office of Tehsil Nazim.
62. [Omitted].
63. Recall of a Tehsil Nazim.
64. Setting aside an order of Tehsil Nazim.
64A. Setting aside the order of Tehsil Nazim by the Chief Executive of the Province.
CHAPTER VI
Tehsil
and Town Councils
65. Composition of Tehsil and Town Councils.
66. Provisions of Tehsil Council apply to Town Council.
67. Functions and powers of the Tehsil Council.
67-A. Functions and powers of the Town Council.
68. Power to appoint officiating Tehsil Nazim.
69. Conduct of the business of Tehsil Council.
70. Address of Tehsil Nazim.
70A. Setting aside the resolution of Tehsil Council.
70B. Setting aside the resolution of Tehsil Council by the Chief Executive of the Province.
71. Resignation of Naib Tehsil Nazim.
72. No confidence motion against Naib Tehsil Nazim.
73. Joint committees of Councils.
CHAPTER VII
Union
Administration
74. Composition of Union Administration.
75. Structure of Union Administration
76. Functions of the Union Administration.
77. Assignment of functions to Village Council.
78. Entrustment of functions by District Government, etc.
79. Government
to prescribe powers of Union Administration.
80. Functions of Union Nazim.
81. Personal responsibility of Union Nazim.
82. Setting aside decisions of Union Nazim.
82A. Setting aside the order of Union Nazim by the Chief Executive of the Province.
83. Resignation by Union Nazim
84. [Omitted].
85. Recall of Union Nazim.
86. Joint committees of Councils.
CHAPTER VIII
Union
Council
87. Composition of the Union Council.
88. Functions of the Union Council.
89. Conduct of the business of Union Council.
89A. Setting aside the resolution of Union Council.
89B. Setting aside the resolution of Union Council by the Chief Executive of the Province.
90. Address of Union Nazim.
91. Resignation by Naib Union Nazim.
92. Recall of Naib Union Nazim.
CHAPTER IX
Village
and Neighbourhood Councils
93. Declaration of Village and Neighbourhood Councils.
94. Composition
of Village Council and Neighbourhood Council.
95. Election of Village Council and Neighbourhood Council.
96. Functions
of Village Council and Neighbourhood Council.
97. Village Council and Neighbourhood Council to develop facilities.
CHAPTER X
Citizen
Community Board
98. Composition of Citizen Community Board.
99. Conduct of Business.
100. Raising of funds by Citizen Community Board.
101. Citizen
Community Board to be a non-profit organization.
CHAPTER XI
Musalihat
Anjuman
102. Constitution of Musalihat Anjuman.
103. Encouragement for amicable settlement of disputes.
104. Courts may refer cases to Musalihat Anjuman.
105. Appointment
of Musleh (Conciliator) for individual cases.
106. Procedure of settlement of disputes.
CHAPTER XII
Local
Government Finance
107. Establishment
of local government funds and Public Accounts.
` 108. Custody of Funds.
109. Application of Funds.
110. Charged Expenditure.
111. Budget Preparation.
112. Approval of budget.
113. Honoraria and allowances.
114. Accounts.
115. Audit.
115-A. Internal audit.
116. Taxes to be levied.
117. Rating Areas and Property Tax.
118. Collection of taxes.
118-A. Distribution of cattle mandi fee.
119. Bottom up planning and the ownership incentive system.
120. Local Governments not to incur debt.
CHAPTER XII-A
Provincial Finance Commission and Fiscal Transfers
120-A. Establishment of Provincial Finance Commission.
120-B. Membership.
120-C. Eligibility for further appointment.
120-D. Functions, duties and powers of the Finance Commission.
120-E. Certain institutional
processes of the Finance Commission.
120-F. Formula and its application and revision.
120-G. Obtaining of data.
120-H. Certification requirements for fiscal transfers.
120-I. Ensuring flow of funds to local government.
120-J. Reference by Provincial Government or local government to the Finance Commission.
120-K. Procedural powers of the Finance Commission.
120-L. Monies to form part of composite cash balance of the Province.
120-M. Transfer of Funds.
120-N. Operating procedure of the Finance Commission.
120-O. Rules of Business of the Finance Commission.
CHAPTER XIII
Local
Government Property
121. Ownership of immovable property.
122. Transfer of Property by the Government.
123. Stock taking by the Nazim.
124. Use and disposal of properties of local governments.
125. Acquisition of immovable property.
126. Loss of property of local government.
CHAPTER XIV
Government-Local Governments Relations
127. Relations of Government with the District Government.
128. Directions by Chief Executive of the Province.
129. Suspension of a Nazim, etc.
130. Entrustment of certain functions to District Government.
131. Provincial Local Government Commission.
132. Functions
of the Provincial Local Government Commission.
133. Responsibility of the Provincial Local Government Commission.
133A. Restructuring of Provincial Departments.
134. Zila Mohtasib.
CHAPTER XV
Internal
Controls
135. Inspection and supervision.
136. Enquiries.
137. Transparency.
138. Monitoring by committees.
139. Code of Conduct Committees of the Councils.
140. District Mushavirat Committee.
CHAPTER XV-A
District
Service
140A. Creation of District Service.
CHAPTER XVI
Local Government’s responsibility for
enforcement of laws
141. Offences, punishments and their cognizance.
142. Appointment and control of Inspectors.
143. Imposition of fine through ticketing.
144. Performance bonuses for Inspectors, etc.
145. Court proceedings for default in deposit of fine, etc.
146. Compounding of offences.
146A. Appeals, etc.
146B. Registers, monthly reports, etc.
146C. Police support to Inspectors, etc.
146D. General powers of Inspectors.
146E. Application of the Code.
147. Rights of citizen not affected.
CHAPTER XVII
Local
Government Elections
148. Franchise.
149. Manifesto.
150. Authority for local government elections.
151. Delimitation of electoral wards.
152. Qualifications for candidates and elected members.
153. Non-party elections.
154. Elections of Nazims, etc.
155. Allocation of reserved seats.
156. Election to vacant seats.
157. Electoral rolls.
158. Bar against Nazims for dual membership, etc.
159. Term of office.
160. Oath of office.
161. Removals.
162. Resignations.
163. [Omitted].
164. Notifications to be issued.
165. Corrupt practice.
166. Bribery.
167. Personating.
168. Undue influence.
169. Illegal practice.
170. Prohibition of canvassing.
171. Disorderly conduct near polling station.
172. Tempering with papers.
173. Interference with the secrecy of voting.
174. Failure to maintain secrecy.
175. Conduct of officials.
176. Breach of official duty.
177. Assistance by government servants.
178. Summary trial.
179. Cognizance.
179A. Conduct of elections.
CHAPTER XVIII
Managing
Transition
180. Succession of the properties, assets and liabilities.
181. First Nazims and Councils.
182. Administrative Transition.
183. Employees’ salaries not to be reduced on transfer, etc.
184. Bar on recruitments.
185. Financial transition.
186. Electoral Transition.
187. Transitional time frame.
CHAPTER XIX
Miscellaneous
188. Complaint
Cell.
189. Training.
190. Appeals.
191. Rules.
192. Bye-laws.
193. Members and servants to be public servants.
193A. Delegation of powers.
194. Action
taken in good faith.
195. General powers of local governments, etc.
195-A. Delegation of powers.
196. Repeals and Savings.
197. Removal of difficulties.
198. Amendment of Schedules.
Schedules
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Seventh Schedule
Eighth Schedule
Ninth Schedule
Tenth Schedule
Eleventh Schedule
[1]THE
(Pb Ord XIII
of 2001)
[
An Ordinance to reconstruct and regulate the local governments
WHEREAS it is expedient to devolve political power and decentralise
administrative and financial authority to accountable local governments
for
good governance, effective delivery of services and transparent decision making
through institutionalized participation of
the people at grass-roots level;
AND WHEREAS the
Provincial Assembly of the
AND WHEREAS under
Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as
amended by the Chief Executive Order No. 11
of 2000, the Governor of a Province
may issue and promulgate an Ordinance;
NOW, THEREFORE, in exercise of the
aforesaid powers and all other powers enabling him in that behalf, the Governor
of the
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.– (1) This Ordinance may be called the
Punjab Local Government Ordinance, 2001.
(2) It extends to the
whole of the
(3) It shall come into force on the fourteenth day
of August, 2001, except the provisions as contained in section 39 (k), Chapter
XVII
and section 196 (1) (ii) of Chapter XIX which shall come into force on
such date or dates as the Government may, by notification
in the official
Gazette, declare.
[4][Provided that the Order of the
Governor in section 120-D (6) shall remain in force at notified.]
2. Definitions.– In this
Ordinance, unless there is anything repugnant in the subject or context–
(i) ‘body corporate’ means a body having
perpetual succession and a common seal, with power to acquire and hold movable
and immovable
property, and transfer any property held by it, and enter into
any contract and may sue and be sued in its name;
(ii) ‘budget’ means an official statement of
income and expenditure for a financial year;
(iii) ‘building’ includes any shop, house, hut,
out-house, shed, stable or enclosure built of any material and used for any
purpose, and
also includes wall, well, veranda, platform, plinth, ramp and
steps;
(iv) ‘building line’ means a line beyond which the
outer face or any part of an external wall of a building does not project in
the direction
of any street, existing or proposed;
(v) ‘bye-laws’ means the bye-laws made under this Ordinance;
(vi) ‘Council’ means a Zila Council, Tehsil
Council, Town Council, Union Council, Village Council and Neighbourhood
Council;
(vii) ‘decentralise’ or ‘decentralised’ means
conferment by the Government under this Ordinance of its administrative and
financial authority
for the [5][operation,
functioning and] management of specified offices of the Provincial Government
to the local governments;
(viii) ‘dependent’ means wholly or partially dependent
parents, spouse, guardians, children, step and adopted children;
(ix) ‘disaster’ includes famine, flood, cyclone, fire, earthquake,
drought, and [6][damage] caused by force majeure;
(x) ‘district’ means a district notified under
the Punjab Land Revenue Act, 1967 (W.P. XVII of 1967), and includes a largely
urban district
or districts declared to be City District under this Ordinance;
(xi) ‘drain’ includes a sewer, a house drain or a
drain of any other description, used for carrying sullage or rain water;
[7][(xii) * * * * *
* * * * * *]
(xiii) ‘Government’ means the Government of the
(xiv) ‘land’ includes vacant land or on which any
structure has been raised or is being raised or is covered with water or is
under cultivation
or is fallow or is
barren and, in relation to a town
improvement scheme, includes land as defined in clause (a ) of section 3 of the
Land Acquisition Act,
1894 (IV of 1894);
(xv) ‘local area’ means an area specified in
Chapter II;
(xvi) ‘local government’ includes–
(a) a District Government or a City District
Government and Zila Council;
(b) a Tehsil Municipal Administration and Tehsil Council;
(c) a Town Municipal Administration and Town
Council; and
(d) a Union Administration and Union Council;
[8][(xvii) ‘mal-administration’ means and includes–
(a) an act of omission or commission, a decision,
process or recommendation, which–
(i) is contrary to the law, rules or regulations
or is a departure from established practice or procedure; or
(ii) is arbitrary, biased, discriminatory,
oppressive, perverse, unjust or unreasonable; or
(iii) is based on irrelevant grounds; or
(iv) involves the exercise of powers or the
failure or refusal to do so, for corrupt or improper motives, such as
administrative excess,
bribery, favouritism, jobbery and nepotism; or
(b) delay, inaction, incompetence, inefficiency,
ineptitude or neglect in the administration or discharge of duties and
responsibilities;
or
(c) avoidance of disciplinary action against an officer or official
whose action is held by a competent authority to be biased, capricious,
patently illegal or vindictive.]
(xviii) ‘market’ means a place notified as market
under this Ordinance or any other law for the time being in force;
(xix) ‘member’ means an elected member of a
Council;
(xx) ‘mauza’ means a revenue estate declared
under the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967);
[9][(xx-a) ‘misconduct’ means transgression of prescribed Code of Conduct or
dereliction from duty or deliberate unlawful behaviour or violation
of law or
rules or lawful directions or orders of Government and includes–
(a) gross negligence in performance of duties with
manifest wrongful intent or evil design; or
(b) an act that results in wrongful gain to any
person by wrongful application of law; or
(c) making or managing appointment, promotion or
transfer of an officer or official in violation of law or rules or for
extraneous consideration;]
(xxi) ‘municipal
offences’ means the offences
specified in the Fourth Schedule;
(xxii) ‘municipal services’ include, but not limited to intra-city or
intra or inter-town or tehsil network of water supply, sanitation,
conservancy,
removal and disposal of sullage, refuse, garbage, sewer or storm water, solid
or liquid waste, drainage, public toilets,
express ways bridges, flyovers,
public roads, streets, foot paths, traffic signals, pavements and lighting
thereof, public parks,
gardens, arboriculture, landscaping, bill boards,
hoardings, fire fighting, land use control, zoning, master planning, classification,
declassification or reclassification of commercial or residential areas,
markets, housing, urban or rural infrastructure, environment
and construction,
maintenance or development thereof and enforcement of any law or rule relating
thereto;
(xxiii) ‘Naib Nazim’ means Naib Zila Nazim, Naib
Tehsil Nazim, Naib Town Nazim, or,
as the case may be, Naib Union Nazim;
(xxiv) ‘Nazim’ denotes Zila Nazim, Tehsil Nazim,
Town Nazim or, as the case may be,
Union Nazim;
(xxv) “Neighbourhood” means a Mohallah, a group of streets, lanes or roads, designated by Tehsil
Municipal Administration, Town
Municipal Administration to be the Neighbourhood;
(xxvi) ‘peasant’ means a person who is a landless
farm worker or, one who during the period of five years preceding the year in
which election
is held, has been the owner of not more than five acres of land
and depends directly on it for subsistence living;
(xxvii) ‘prescribed’ means prescribed by rules made
under this Ordinance;
[10][(xxvii-a) ‘Provincial
Director General Audit’ means an officer of the Auditor General of
[11][(xxvii-b) ‘Provincial Allocable Amount’ means monies
declared as such for distribution among local government in accordance with the
provisions
of the Ordinance;]
(xxvii-c) ‘Provincial Consolidated Fund’ shall have the
same meaning as is assigned to it in Article 118 of the Constitution of the
Islamic
Republic of Pakistan;
(xxvii-d) ‘Provincial Retained Amount’ means the
balance of the Provincial Consolidated Fund after subtraction therefrom the
Provincial Allocable
Amount;]
(xxviii) ‘public place’ means any building, premise or
place to which the public have access;
(xxix) ‘rent’
means whatever is lawfully payable in money or kind by a tenant or lessee on account
of the occupation of any building or
land [12][or use of any machinery, equipment or vehicle];
(xxx) ‘street line’ means a line dividing the land
and forming part of a street from adjoining land;
(xxxi) ‘tax’ includes any cess, fee, rate, toll or
other impost leviable under this Ordinance;
(xxxii) ‘tehsil’ means a Tehsil notified under the
Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967);
(xxxiii) ‘Tehsil Municipal Administration’ includes
the Tehsil Nazim and the officials and employees of the Tehsil Municipal
Administration
specified in section 49;
(xxxiv) ‘town’ means an area notified by the
Government under section 9 to be a town in a City District;
(xxxv) ‘Town Municipal Administration’ includes the
Town Nazim and the officials and employees of the Town Municipal administration
specified
in section 50;
(xxxvi) ‘
(xxxvii) ‘Union Administration’ includes the Union
Nazim, Union Naib Nazim, the Union Secretaries, and other Union employees;
(xxxviii) ‘Village’ means an integrated and contiguous
human habitation commonly identified by a name and includes a dhok, chak, killi, goth, gaown, basti or any other comparable habitation;
(xxxix) ‘water
reservoir’ includes a spring, well, tube well, pond, tank, water course,
culvert, and any channel used for supplying water
other than canal, river, lake
or stream;
(xl) ‘work’ includes a survey, whether incidental
to any other work or not; and
(xli) ‘worker’ means a person directly engaged in
work, or is dependent on personal labour, for subsistence living and includes a
worker
as defined in the [13][Industrial
Relations Ordinance, 2002 (XCI of 2002)].
3. Ordinance to over-ride other laws.– The provisions of this Ordinance
shall have effect notwithstanding anything contained in any other law for the
time being in force.
4. Local Governments to work
within Provincial framework.– (1) The
local governments established under this Ordinance shall function within the
Provincial framework and adhere to the Federal
and Provincial laws.
(2) In performance of their functions, the local
governments shall not impede or prejudice the exercise of the executive
authority of
the Government.
CHAPTER II
LOCAL AREAS AND LOCAL GOVERNMENTS
5. Composition of local areas.–
For the purpose of this Ordinance, the following shall be the local areas,
namely:-
(i)
(ii) Tehsil;
(iii) Town;
and
(iv) District
and City District.
6. Delimitation
of Unions.– A Union shall be an
area comprising one or more muaziaat
or, in the case of an area where revision of settlement under the law has not
been taken, one or more census villages or, in the
case of an area with urban
characteristics, a whole number of population census blocks as delimited for
the purpose of last preceding
census or a combination of whole number of census
blocks and a whole number of muaziaat,
notified as such by the Government:
Provided
that, as far as may be,–
(a) the area of a
(b) the boundaries of a
(c) the area of a union in a tehsil shall comprise
a whole number of patwar circles, or
a patwar circle may contain a number
of whole Unions;
(d) the area of a Union in a City District, or a
Union with urban characteristics shall comprise a whole number of census blocks
as
delimited for the purpose of the preceding population census or a whole
number of muaziaat or a combination
of a whole number of census blocks and muaziaat;
and
(e) the population of Unions within a district
shall, more or less, be uniform:
Provided further that in a
specific case, the Government may, for the reasons to be recorded, waive the
aforesaid conditions.
7. Delimitation of tehsils and
districts.– The Government shall, by notification in the official Gazette,
declare tehsils and districts notified under the Punjab Land Revenue
Act, 1967
(W.P. Act XVII of 1967), to be tehsils or, as the case may be, districts under
this Ordinance.
8. Creation
of a City District.– [14][(1)] In addition to the Provincial headquarter
notified by the Government as City District Lahore, the Government may, by
notification
in the official Gazette, declare a tehsil or tehsils within one or
more adjoining districts as a City District if–
(a) the population of urban settlement therein or
of proximate settlement exceeds one million people;
(b) the economy thereof is largely oriented to
commercial, industrial, and services sectors, and, according to the last
preceding census,
the labour force employed in such sectors or in
non-agricultural sectors is more than sixty six percent; and
(c) the existing administrative and municipal infrastructure therein have
become inadequate for efficient service delivery and require integrated development and management.
[15][(2) For
the purpose of creation of a city district, the Unions in the district affected
by such creation may be delimited in accordance
with section 6:
Provided
that in all other districts section 11 of this Ordinance shall apply.]
9. Setting up of a town.– (1) The Government may, by notification in
the official Gazette, declare a whole number of contiguous Unions to be a town
in the City
District under this Ordinance.
(2) On notification referred to in sub-section
(1), the Government may, by notification in the official Gazette, declare every town referred to in that sub-section
to be a tehsil or sub-division for the purpose of this Ordinance.
10. Local areas under previous law to continue.– Unless varied under
this Ordinance, any local area declared or notified by the Government under the
Punjab Local Government Election
Ordinance, 2000 (V of 2000), as union, tehsil
, town, district or City District shall continue to retain such status and
shall
be deemed to have been notified as such under this Ordinance.
11. Alteration of local areas.– (1) Any two
or more adjoining Unions within a tehsil or adjoining tehsils within a district
may, after having invited public objections
through a resolution, during the
third year of their being in office, passed by two-third majority of the total
membership of each
of the relevant Union Councils, or as the case may be,
Tehsil Councils, make a proposal to the Government for a change in their
respective boundaries subject to the conditions that no revenue estate shall be
divided and the size of population in the Unions
shall, as far as possible, be
close to the average population of Unions within a district.
(2) The Government may, subject to previous
publication, notify the change in the boundaries of the Unions, tehsils or
towns:
Provided
that such change shall come into force on the announcement of next local
governments elections.
12. Local governments for local
areas.– (1) For each local area, there shall be a local government comprising–
(a) District Government and Zila Council in a
district or a City District;
(b) Tehsil Municipal Administration and Tehsil
Council in a tehsil;
(c) Town
Municipal Administration and Town Council in a town; and
(d) Union Administration and Union Council in a
union.
(2) In case of a district consisting of a single
tehsil, the Government may dispense with setting up of Tehsil Council and
holding of
election of Tehsil Nazim and Naib Tehsil Nazim in such tehsil and in
that case the Tehsil Municipal Administration shall function
directly under
Zila Nazim and the functions of Tehsil Council shall be performed by the Zila
Council.
(3) In case of a tehsil consisting of a single
Union, the Government may dispense with setting up of Tehsil Council and
holding of election
of Tehsil Nazim and Tehsil Naib Nazim in such tehsil and in
that case the functions of the Tehsil Municipal Administration shall
be
performed by the Union Administration [16][and
the functions of Tehsil Council shall be performed by the Union Council].
CHAPTER III
DISTRICT
GOVERNMENT
13. Composition of District
Government.– (1) The District Government shall consist of Zila Nazim and
District Administration.[17]
(2) The District
Government shall be competent to acquire, hold or transfer any property, movable
and immovable, to enter into contract
and to sue or be sued in its name,
through District Coordination Officer.
14. Decentralised offices and
grouping of offices.– (1) On the commencement of this Ordinance, the
administrative and financial authority for the management of the offices of the
Government specified in Part-A of the First Schedule set up in a district shall
stand decentralised to the District Government of
that district:
Provided
that where there is no office of the Government in a district specified in
Part-A of the First Schedule and the Government
sets up an office on a
subsequent date, such office shall be decentralised to the District Government
from that date.
(2) Where in a district, there is no office
specified in Part-B of the First Schedule, the Government shall set up such
offices and
post officers and staff in such offices.
(3) The offices decentralised to the District
Governments and offices set up by the Government shall be grouped in various
groups specified
in Part-C of the First Schedule:
Provided that the Government may, for the reason of
non-existence of any office or offices specified in the First Schedule in a
district, in consultation with the District Government of such district, vary
or amalgamate the grouping of offices for efficiency
and effectiveness by
notification in the official Gazette:
Provided further that the number of groups of offices shall not
exceed the number of groups specified in Part-C of the First Schedule.
[18][(4) The Zila Nazim shall nominate a Deputy District
Officer at Tehsil level for the purpose of liaison between the offices of
District
Government, Provincial Government, Federal Government and other local
governments for emergencies, natural calamities and extraordinary
situations.]
15. Entrustment
of certain decentralised offices to Tehsil Municipal Administration.– Subject to section 14 and section 52, on
commencement of this Ordinance, the administrative and financial management of
the offices
of Local Government and Rural Development Department, Housing,
Urban Development and Public Health Engineering Department which
were providing
services at the regional, zonal, circle, divisional, district and tehsil levels
shall stand entrusted to respective
Tehsil Municipal Administration, or Town Municipal
Administration, as the case may be, along with the employees working in such
offices:
Provided
that the Government may direct for retention of certain components of Housing,
Urban Development and Public Health Engineering
Department with the District
Government along with the officers and members of staff working therein.
16. Authority and responsibility
of District Government.– (1) The authority of the District Government shall
comprise the [19][operation,]
management and control of offices of the departments which are decentralised to
it or may be set-up under this Ordinance,
provided that the District Government
shall exercise such authority within the district in accordance with the
general policy of
the Government.
(2) Every order of the District Government shall
be expressed to be made in the name of the District Government and shall be
executed
by an officer or authority of the District Government duly authorized.
(3) The District Government shall be responsible
to the people and the Government for improvement of governance and delivery of
services
within the ambit of the authority decentralised to it under this
Ordinance.
17. The Zila Nazim.– (1) Zila Nazim shall head the District
Government and perform such functions and exercise such powers as have been
assigned to him under
this Ordinance and be assisted by the
District Coordination Officer.
(2) The Zila Nazim shall
ensure that the business of the District Government is carried out in
accordance with the provisions of this
Ordinance and other laws for the time
being in force.
18. Functions and powers of the Zila Nazim.– (1) The functions and powers of the
Zila Nazim shall be to–
(a) provide vision for the district-wide
development, leadership and direction for efficient functioning of the District
Government;
(b) develop with the assistance of the District Administration
strategies and timeframe for accomplishment of the relevant goals approved
by
the Zila Council;
(c) perform functions relating to law and order in the district;
(d) ensure implementation of the functions decentralised to the
District Government;
(e) oversee formulation and execution of the annual development plan,
delivery of services and functioning of the District Government;
(f) present proposal to the Zila Council for approval of budget for
District Government, Zila Council and intra-district fiscal transfers;
(g) maintain administrative and financial discipline in the District
Government;
(h) present tax proposals to the Zila Council;
(i) present report on the performance of the District Government in
person to the Zila Council at least twice a year;
(j) preside over the meetings of the Zila
Mushawarat Committee;
(k) take charge, organise and prepare for relief activities in
disasters or natural calamities;
(l) authorise officers of the District Government to sign documents on
its behalf;
(m) initiate inspections of Tehsil Municipal Administration, Town
Municipal Administration and Union Administration in the district pursuant
to
section 135;
(n) establish and supervise the working of the
Internal Audit Office;
(o) issue executive orders to the District Coordination Officer and
Executive District Officers for discharge of the functions decentralised
to the
District Government; [and to the District Police Officer for law and order];
(p) [20][*]
represent District Government on public and ceremonial occasions; and
(q) perform any other function as may be assigned to him by the
Government.
(2) The
Zila Nazim shall not employ any advisor, special assistant or a political
secretary other than support staff allocated to his
office from amongst the
officials available in the district.
19. Right of the Zila Nazim to
take part in Council’s meetings.– The Zila Nazim shall have the right to
speak and otherwise take part in the proceedings of the Zila Council, but shall
not be entitled
to vote.
20. Personal
responsibility of Zila Nazim.–
The Zila Nazim shall be personally responsible for any loss, financial or
otherwise, flowing from the decisions made by him personally
or under his
directions in violation of any provisions of this Ordinance or any other law
for the time being in force and for any
expenditure incurred without lawful
authority.
21. Resignation of Zila Nazim.– The
Zila Nazim may resign from office by tendering resignation in writing addressed
to the Chief Executive of the Province.
22. Vacancy in the Office of Zila
Nazim.– (1) In case the office of Zila Nazim falls vacant for reason of his
death, resignation, removal [21][*
* *] or, where in the opinion of the Zila Council, he has become incapable to
perform his functions on account of mental or physical
incapacity, the Naib
Zila Nazim shall act as Zila Nazim till an officiating Nazim is [22][elected]
under sub-section (6) of section 156 or a new Zila Nazim is elected under
sub-section (5) of that section:
[23][Provided
that where the Naib Zila Nazim is absent or his office is vacant for any
reason, the senior-most presiding officer in
the panel elected under
sub-section (5) of section 42 shall act as Zila Nazim and the next senior-most
presiding officer in the
panel shall act as Naib Zila Nazim till the election
of officiating Zila Nazim under section 48 or Naib Zila Nazim resumes his
functions or, as the case may be, a new Naib Zila Nazim is elected by the Zila
Council under section 156:
Provided
further that the officiating Zila Nazim shall not be a candidate in the
election for Zila Nazim.]
(2) Where a Zila Nazim is unable to perform his
functions for reason of his temporary absence, he may authorise Naib Zila
Nazim, in
writing, to act on his behalf till he resumes his duties.
[24][23.* * * * * * * * * * * *]
24. [25][Recall] of a Zila Nazim.– (1) If in the opinion of a
member of the Zila Council, there is a reason to believe that the Zila Nazim is
acting against the public
policy or the interest of the people or is negligent
or is responsible for loss of opportunity for improvement in governance and
service delivery to the people within the ambit of his responsibilities, he
may, seconded by another member of the Council, give
notice to move a motion in
the Zila Council through Naib Zila Nazim for recall of the Zila Nazim.
(2) On receipt of notice referred to in sub-section (1), the Naib Zila
Nazim shall summon a session of Zila Council not earlier than
three days but
not later than seven days, if the Zila Council is not already in session.
(3) Where the Zila Council is already in session,
the motion referred to in sub-section (1) shall be taken up for deliberations
on the
next day from its receipt by the Naib Zila Nazim.
[26][(4) Where
the motion referred to in sub-section (1) is approved by two-third majority of
the votes of the total membership of the Council,
through a secret ballot to be
conducted by the Returning Officer nominated by the Chief Election
Commissioner, the Zila Nazim shall
cease to hold office forthwith and the
notification shall be issued in this behalf by the Chief Election Commissioner
accordingly.]
[27][(5) * * * * * * * * * * * *]
(6) Where the motion fails in the Zila Council, the proposer and
seconder of such motion shall lose their seats both as [28][members of the Zila Council and Union Nazim, if
any one of them is also a Union Nazim].
(7) The Zila Nazim shall
have the right to appear before the Zila Council and address it in his defence
before approval or rejection
of motion referred to in sub-section [29][(1)].
(8) No motion for recall of Zila Nazim shall be
moved during the first six months of assumption of office of Zila Nazim nor
shall such
motion be repeated before the expiry of twelve months from the
rejection of previous motion [30][.]
[31][*
* * * * * * * * * * * *]
[32][*
* * * * * * * * * * * *]
[33][25. Setting
aside the order of Zila Nazim by the Chief Executive of the Province.– (1) Where, in
the opinion of the Chief Executive of the Province, an order or decision of the
Zila Nazim is not in conformity with
law or is against the interest of the
people, he may, for the reasons to be recorded and conveyed to the Nazim,
suspend such order
or, as the case may be, decision and refer the matter to the
Provincial Local Government Commission for an enquiry to be completed
not later
than ninety days:
Provided
that the Zila Nazim shall be given an opportunity of being heard by the
Provincial Local Government Commission before making
recommendation to the
Chief Executive of the Province.
(2) On receipt of report of enquiry conducted by
the Provincial Local Government Commission, the Chief Executive of the Province
may
take such action as deemed expedient in the light of such report, including
quashment of the order or decision of the Zila Nazim:
Provided
that, if no action is taken within ninety days of suspension of the order or
decision of the Zila Nazim, such order or,
as the case may be, decision shall
stand restored.
(3) The quashment of an order or decision referred
to in sub-section (2) shall be notified by the Government in the official
Gazette.]
26. Structure
of District Administration.– The
District Administration shall comprise the district offices, including
sub-offices of the Departments of the Government decentralised
to the District
Government and other offices set up by the [34][* * *] Government and grouped under the Executive
District Officers and coordinated by the District Coordination Officer.
27. Heads of offices and groups.– (1) The District Coordination Group
of Offices shall be headed by the District Coordination Officer.
(2) A group of offices,
other than the District Coordination Group of Offices, shall be headed by an
Executive District Officer.
(3) The District Officers shall head the district
offices.
(4) The Government shall setup sub-offices of the
offices decentralised to district government in every tehsil or town in a city
district
depending upon the needs of such tehsil or, as the case may be, town
for such sub-office:
Provided that where any
sub-office exists or is set up in a tehsil or town in a City District the
Deputy District Officer shall
head such sub-office.
28. District Coordination
Officer.– [35][(1)]
In every district, the Government shall appoint a District Coordination Officer
who shall be a civil servant of the Federation
or of the Province, as far as
possible in Basic Scale 20:
Provided
that in a City District, the District Coordination Officer may be a civil
servant of the Federation or Province in Basic
Scale 21.
(2) The District Coordination Officer shall be
coordinating head of the District Administration and shall–
(a) ensure that the business of the District
Coordination Group of Offices is carried out in accordance with the laws for
the time being
in force;
(b) co-ordinate the activities of the groups of
offices for coherent planning, synergistic development, effective and efficient
functioning
of the District Administration;
(c) exercise general supervision over programmes,
projects, services, and activities of the District Administration;
(d) coordinate flow of information required by the
Zila Council for performance of its functions under this Ordinance;
(e) act as Principal Accounting Officer of the
District Government and be responsible to the Public Accounts Committee of the
Provincial
Assembly;
[36][(f) call
for information and reports from local governments in the district as
required by the Provincial Government or District Government through the Tehsil Municipal Officer;]
(g) assist the Zila Nazim in accomplishment of
administrative and financial discipline and efficiency in the discharge of the
functions
assigned to District Administration;
(h) prepare a report on the implementation of
development plans of the District Government for presentation to the Zila Council in its annual budget
session; [37][* * *]
(i) initiate the performance evaluation reports
of the Executive District Officers and shall be countersigning officer of such
reports
of the District Officers initiated by the Executive District Officers [38][;]
[39][and]
[40][(j) implement government policy and to collect
and disseminate information on behalf of the Provincial or District Government
from other
tiers of local governments.]
Explanation.– For the
purpose of this section, the expression ‘coordinating head’ means the authority
to call for review and assess the performance
of the groups of offices,
individually or collectively, and give directions for taking actions or
measures for improving efficiency,
service delivery and achievement of goals assigned
in the approved plans of the District Government.
(3) Where
in the opinion of a District Coordination Officer an order of the Zila Nazim is
motivated or unlawful, he may seek recourse
in writing to the Local Government
Commission with a copy thereof to the Zila Nazim, and the decision of the
Commission in the
matter shall be final and binding.
29. Functions and powers of
Executive District Officer.– The functions and powers of the Executive
District Officer shall be to–
(a) ensure that the business of the group of
offices under his administrative control is carried out in accordance with law
and the
rules and the human and material resources placed at his disposal are
optimally utilised to improve governance;
(b) co-ordinate and supervise the activities of
the offices and ensure efficient service delivery by the functionaries under
his administrative
control;
(c) supply information to the Monitoring
Committees of the Zila Council and Union Councils;
(d) take appropriate corrective actions based on the
information received from Monitoring Committees;
(e) enforce relevant Federal, Provincial laws and
rules, including tax laws;
(f) prepare development plans and propose
budgetary allocations for their execution;
(g) implement approved plans and policies;
(h) authorise
disbursement of performance bonuses to the employees;
(i) prepare proposals for expenditures necessary
for the proper conduct of programs, projects, services, and other activities;
(j) propose relevant bye laws on service delivery
to the District Coordination Officer; and
(k) act as Departmental Accounting Officer for his
respective group of offices and be responsible to the District Accounts
Committee
of the Zila Council.
30. District administration
working.– (1) In matters of policy and important decisions, the District
Coordination Officer shall obtain approval of Zila Nazim before communicating
such matters and decisions to the Government.
(2) The Government shall
appoint [41][such]
officers and officials to the district offices, groups of offices or other
offices in the district specified in the First
Schedule [42][as
may be prescribed].
(3) The tenure of posting of an officer or
official of the Government to a District Government shall, ordinarily, be three
years.
(4) Where the performance
of a District Co-ordination Officer is not satisfactory, the Zila Nazim may
request the Government for his
transfer in writing, with a copy to the District
Coordination Officer, stating reasons therefor and the Government [43][may]
accede to the request of the Zila Nazim [44][*
* *].
[45][(5) * * * * * *
* * * * * *]
(6) Where the performance of an Executive District
Officer is not satisfactory, the Zila Nazim may, in consultation with the
District
Coordination Officer, request the Government to transfer such officer
from the district stating reasons therefor.
[46][30A. Disciplinary
powers of Nazims and Naib Nazims.– The Nazims and Naib Nazims shall be empowered
to take disciplinary action against local government functionaries of their
respective
establishments and shall be responsible to the Government for
effective implementation of all efficiency and disciplinary rules
as prescribed
not later than
[47][30B. District Officer (Revenue) to act as Collector.– The District Officer (Revenue) shall
act and perform the functions of Collector under the provisions of sections 54,
68, 70(2), 71,
72, 92, 93, rule 18 of Order XXI, Order XL and similar other
provisions of the Code of Civil Procedure, 1908 (Act V of 1908).]
31. Rules of Business for disposal
of work.– For smooth and efficient disposal of official work, the
Government shall make District Government Rules of Business.
32. Assignment of work to Tehsil Municipal Administration.– A District
Government may assign any of its functions to a Tehsil Municipal Administration
or Union Administration, on such terms
and conditions as may mutually be
agreed:
Provided
that [48][primary]
responsibility for discharge of such function shall continue to vest with the [49][District
Government]:
Provided
further that no function or responsibility shall be transferred without
allocation of corresponding resources and funds.
33. Disposal of Government’s work.– The District Government may,
subject to provision of funds by the Government, but without recourse to additional
or enhanced taxation,
charge, fees or any other source of public funds and
without incurring any debt undertake any of the functions of the Government
as
may be mutually agreed.
34. Performance evaluation.–The annual performance reports of the officers
posted in the district shall be initiated by–
(a) the Zila Nazim in respect of the District
Co-ordination Officer:
Provided
that the first countersigning officer shall be the Chief Secretary, and the
Chief Minister shall be the second countersigning
authority;
[50][(b) * * * * * *
* * * * * *]
(c) the District Co-ordination Officer in respect
of the Executive District Officers and Zila Nazim shall be the countersigning
officer;
(d) the
Executive District Officer in respect of the District Officers:
Provided that the District
Coordination Officer shall be the countersigning Officer and head of the
concerned department of the
Government shall be the Technical Reporting
Officer; and
(e) the
District Officer in respect of the Deputy District Officers and the Executive
District Officers shall be the countersigning
officer.
35. Offices of the City District.– Subject to any variation, the
Government may, in addition to the offices specified in section 14, set up
other offices and groups
of offices specified in Part-D of the First Schedule
in a City District.
36. Integrated management of
services in City District.– On creation of a City District under section 8,
the organizations and authorities providing municipal services and facilities
and
the offices decentralised or set up in a tehsil or tehsils or districts
notified to be City District shall come under the administrative
and financial
control of the City District Government.
CHAPTER IV
ZILA COUNCIL
37. Composition of Zila Council.– (1) A Zila Council shall consist of all Union Nazims in the district
and following members elected on the reserved seats namely:-
(i) such number of women so as to represent
thirty-three percent of the total number of the Unions in the district;
(ii) such number of peasants and workers so as to
represent five percent of the total number of the Unions in the district,
subject to
a minimum of one seat; and
(iii) such number of persons from minority
communities so as to represent five percent of the total number of the Unions
in the district,
subject to a minimum of one seat.
(2) If, in calculating a
percentage for the purposes of sub-section (1), the number of reserved seats
does not come out to be a whole
number and such number is–
(a) less
than one-half, the number shall be rounded down to the next lower number; or
(b) one-half
or more, the number shall be rounded up to the next higher number.
38. Secretariat of the Council.– The Zila Council shall have its
Secretariat under the Naib Zila Nazim and shall have a separate budget
allocation [51][with its Secretary as Drawing and
Disbursing Officer and Naib Zila Nazim as the Principal Accounting Officer].
39. Functions and powers of Zila Council.– The functions and powers of a Zila
Council shall be to–
(a) approve bye-laws proposed by the District Government under this
Ordinance;
(b) approve taxes proposed by the District Government on the subjects specified in Part-I of the Second Schedule [52][or in case of a City District, on
subjects specified in Part-II of the Second Schedule];
(c) approve long term and short term development
plans, annual and supplementary budgetary
proposals of the District Government and, where required, intra-district fiscal
transfers;
(d) approve annual budget of the Zila Council;
(e) elect committees of the Zila Council for monitoring the
performance of the District Government;
(f) ensure the Monitoring Committees of the Zila Council perform their
functions in a non-intrusive manner without interfering in the
day to day
working of the relevant offices of the District Government and do not assume a
command and control role;
(g) review the Monitoring Committees’ quarterly reports on the
performance of the District
Government;
(h) elect a Code of Conduct Committee which shall be responsible for
enforcing the code of conduct and regulating the conduct of the
members of the
Zila Council;
(i) elect an Insaf Committee which
shall facilitate access of the people to the Member Inspection Team of the High
Court for redressing their grievances;
(j) elect a Sports and Culture Committee which shall promote sports and cultural events in the
district and youth participation in healthy pursuits;
(k) elect the members of the Zila Council for representation in the
District Public Safety Commission;
(l) elect a Zila Accounts
Committee;
(m) constitute Farm Produce Market Committee under the relevant law;
(n) approve the proposals of the District Government for changes in
the number of posts of officials and employees of the decentralised
offices of
District Administration and Tehsil Municipal Administration and Town Municipal
Administration as part of the budget
statement;
(o) approve posts for the office staff of Zila Nazim and staff of Zila
Council subject to the restriction imposed under sub-section [53][(8)] of section 109:
Provided
that no post of advisor, special assistant, press or political secretary to the
Zila Nazim shall be sanctioned or approved;
(p) make recommendations to the District Government for enhancement of the care of disabled persons, paupers,
aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents,
drug addicts,
victims of child abuse, needy and disadvantaged persons;
(q) authorise Zila Nazim, Naib Zila Nazim, Tehsil Nazim, Naib Tehsil
Nazim, Town Nazim, Naib Town Nazim, Union Nazim, Naib Union Nazim
and members
of the Councils to receive honorarium, travelling and daily allowances from
respective local funds:
Provided
that the honorarium and rates of travelling and daily allowances shall be fixed
with the approval of the Government and
any change thereof authorised by the
Zila Council shall be applicable to the succeeding Nazims, Naib Nazims and
members of the
Councils:
[54][Provided further that the Government shall
accord approval within sixty days of receipt of proposals from a Zila Council
failing
which it shall be deemed to have been approved.]
(r) review the performance reports of the
District Government presented by Zila Nazim;
(s) review the audit reports of the Zila Accounts
Committee;
(t) review
measures for flood relief, and storm water drainage; and
(u) require
the District Government to undertake measures for good governance and
improvement in the delivery of services.
40. Functions of Zila Council in a
City District: – In addition to the functions specified in section 39, the
Zila Council in a City District shall perform the following functions,
namely:-
(a) approve
master plans, zoning, land use plans, including classification and reclassification of land, environment control,
urban design, urban renewal and ecological balances;
(b) review
implementation of rules and bye-laws governing land use, housing, markets,
zoning, environment, roads, traffic, tax, infrastructure
and public utilities;
(c) approve proposals of the District Government for public transport and mass transit
systems, construction of express ways, flyovers, bridges, roads, under passes,
and inter-town
streets;
(d) approve
development schemes for beautification of areas along rivers [55][* * *]; and
(e) review
development of integrated system of water reservoirs, water sources, treatment
plants, drainage, liquid and solid waste disposal,
sanitation and other
municipal services.
41. Zila Council to approve
certain plans for towns.– In the case of a town in a City District, the
Zila Council shall perform the functions of approval of such macro municipal
plans
as may be notified by the City District Government.
42. Conduct of the business of Zila Council.– (1) The Zila Council shall regulate
its business in accordance with the bye-laws made by it.
(2) The Zila Council shall meet at least once in
every month and shall be in session for at least fifty accumulated days in a
year.
(3) Save as otherwise provided, decisions of the
Zila Council shall be taken by resolutions passed by a simple majority of the
members
present and voting and a copy of each resolution shall be transmitted
to the Local Government Commission [56][:]
[57][Provided
that the member presiding the meeting shall not vote except in the case of
equality of votes.]
[58][(4) In
the first meeting of the Council to be convened and presided over by the
Returning Officer nominated by the Chief Election Commissioner,
the members of
the Zila Council shall elect from amongst themselves a Naib Zila Nazim securing
majority votes of total membership
of the Council through a secret ballot.
(4A) The
Naib Zila Nazim elected under sub-section (4), shall be the Convener of the
Zila Council and shall preside its meetings and
shall perform such other
functions as are assigned to him by the Zila Nazim.]
[59][(5) After
the election of Naib Zila Nazim, the Zila Council shall, in order of
precedence, elect a panel of not less than three members
as presiding officers
securing highest number of votes who shall, in the absence of, or in case of
the suspension of, Naib Zila
Nazim, or where a no confidence motion has been
moved against him, convene and preside over the meetings of the Zila Council.]
(6) The quorum of the meetings of the Zila Council
shall be fifty-one percent of its total membership.
(7) The meetings of the Zila Council shall be open to public, unless
the Council, by a resolution, decides to hold any meeting in camera.
(8) The minutes of the
meetings of Zila Council shall be recorded and maintained by the Secretariat of
the Zila Council.
43. Address of Zila Nazim.–
(1) At the commencement of first session of the Zila Council after its election
and on commencement of first session of every year,
the Zila Nazim shall
address the Zila Council and shall inform the Council of his plans and
programmes for the said year and, as
the case may be, the performance of the
District Government during the preceding year.
(2) Notwithstanding
anything contained in sub-section (1), the Zila Nazim may address the Zila
Council, whenever he may deem necessary,
to associate the Zila Council in the
functioning of the District Government.
44. Joint committee of Councils.– The Zila Council may, with the
consent of Tehsil Councils or Union Councils set up joint committees of the
Councils for deliberation
of matters in which such Councils may be jointly
interested and may delegate to such joint committees any power which may be
exercised
by them, including the power to make bye-laws for their functioning.
[60][45. Setting aside the resolution of Zila Council by
the Chief Executive of the Province.– (1) Where, in the opinion of the Chief
Executive of the Province, a resolution of Zila Council is not in conformity
with law or
is against the interest of the people, he may, for the reasons to
be recorded and conveyed to the Council, suspend such resolution
and refer the
matter to the Provincial Local Government Commission for an enquiry to be
completed not later than ninety days.
(2) On receipt of report of the enquiry conducted
by the Provincial Local Government Commission, the Chief Executive of the
Province
may take such action as deemed expedient in the light of such report,
including quashment of the resolution of the Zila Council:
Provided that if no action is taken within ninety days of
suspension of the resolution of the Zila Council, such resolution shall
stand
restored.
(3) The quashment of the resolution referred to in
sub-section (2), shall be notified by the Government in the official Gazette.]
46. Resignation of Naib Zila Nazim.– The Naib Zila Nazim may resign from
office by tendering resignation in writing addressed to the Zila Nazim.
47. [61][No confidence motion against] Naib Zila Nazim.– (1) If in the opinion of a
member of Zila Council, there is a reason to believe that the Naib Zila Nazim
is acting against the public
policy or the interest of the people, or for any
other reason [62][he
has lost confidence of the Council], he may, seconded by another member of the
Council, give a notice to move a motion in the
Zila Council through its
senior-most presiding officer for [63][removal]
of Naib Zila Nazim.
(2) On
receipt of notice referred to in sub-section (1), the senior-most presiding
officer in the panel referred to in sub-section (5)
of section 42 shall summon
a session of Zila Council not earlier than three days or not later than seven
days, if the Zila Council
is not already in session.
(3) Where the Zila Council is already in session,
the motion referred to in sub-section (1) shall be taken up for deliberations
on the
next day from its receipts in the Zila Council Secretariat.
[64][(4) Where
the motion referred to in sub-section (1) is approved by majority votes of the
total membership of the Council, through a
secret ballot, the Naib Zila Nazim
shall cease to hold office forthwith and the notification shall be issued in
this behalf by
the Chief Election Commissioner accordingly.]
[65][(5) Where the Naib Zila Nazim is removed under
sub-section (4), the Council shall elect a new Naib Zila Nazim within a period
not later
than ten days in the manner specified in sub-section (4) of section
42.]
(6) Where the motion
fails in the Zila Council, the proposer and seconder of such motion shall lose
their seats both as [66][members of the
Zila Council and Union Nazim, if any one of them is also a Union Nazim].
(7) The Naib Zila Nazim shall have the right to [67][address the Zila Council] in his
defence.
(8) No motion for recall of Naib Zila Nazim shall
be moved during the first six months of assumption of office of Naib Zila Nazim
nor
shall such motion be repeated before the expiry of one year from the
rejection of previous motion.
48. Power of Zila Council to elect officiating Zila
Nazim.– [68][*] In case the office of Zila Nazim
falls vacant by reason of his death, resignation or removal, the Zila Council
shall elect one
of its members to be the officiating Zila Nazim till a new Zila
Nazim is elected under the provisions of section 156:
[69][Provided
that, where the Naib Zila Nazim fails to convene the meeting for election of
officiating Zila Nazim from amongst the members
of the Council within ten days,
the Naib Zila Nazim shall be liable to misconduct, and the senior-most
presiding officer shall
convene the meeting of the Council for such purpose.]
Provided
further that the officiating Nazim shall not be a candidate for the office of
Zila Nazim in the election for Zila Nazim.
CHAPTER V
TEHSIL
AND TOWN MUNICIPAL ADMINISTRATION
49. Composition of Tehsil
Municipal Administration.– In every tehsil there shall be a Tehsil
Municipal Administration which shall be a body corporate and consist of a
Tehsil Nazim,
Tehsil Municipal Officer, Tehsil Officers, Chief Officers and
other officials of the Local Council Service and officials of the
offices
entrusted to the Tehsil Municipal Administration.
50. Town Municipal
Administration.– [70][*]
In every town in a City District there shall be a Town Municipal Administration
which shall be a body corporate and consist
of the Town Nazim, Town Municipal
Officer, Town Officers, Chief Officers and other officials of the Local Council
Service and officials
of the offices entrusted to the [71][Town]
Municipal Administration.
Explanation.– For the
purpose of sections 49 and 50, the expression ‘Chief Officers’ refers to Chief
Officers of the dissolved Local Councils
established under Punjab Local
Government Ordinance, 1979 (VI of 1979).
51. Provisions relating to tehsils
apply to towns.– The provisions relating to Tehsil Municipal Administration
shall, [72][subject
to sections 35 and 36,] mutatis mutandis,
apply to Town Municipal Administration and, in their application to the town in
a City District, shall have effect as if references
therein to the Tehsil
Municipal Administration, Tehsil Nazim, Tehsil Council, Village Council and
Village were references, respectively,
to the Town Municipal Administration,
Town Nazim, Town Council, Neighbourhood Council and Neighbourhood under this
Ordinance.
52. Entrustment
of certain decentralised offices to Tehsil Municipal Administration.– On commencement of this Ordinance, the functions,
administration and financial management of the offices of Local Government and
Rural Development Department, Housing, Urban Development and Public Health
Engineering Department at the regional, zonal, circle,
divisional, district,
tehsil and lower levels shall stand entrusted to the Tehsil Municipal
Administration, along with the employees
working in these offices:
Provided
that the Government may direct for retention of a nucleus office of Housing,
Urban Development and Public Health Engineering
Department with the District
Government for intra-district coordination of tehsil spatial plan:
Provided further that
Water and Sanitation Agencies coming under the control of the District
Government under sub-section (3) of
Section 182 functioning in a Tehsil shall
further be decentralized to the concerned Tehsil Municipal Administration:
Provided also that Water and
Sanitation Agency or similar Agencies functioning in a City District and coming
under the control of
City District under sub-section (3) of Section 182 may
further be decentralized to the City District Administration or according
to
requirements of service delivery, may be decentralized to towns in a City
District.
53. Structure of the Tehsil Municipal Administration.– (1)
The Tehsil Nazim shall head the Tehsil Municipal Administration.
(2) The Tehsil Municipal Administration shall include the offices and
sub-offices of the Urban Local Councils established under the Punjab
Local
Government Ordinance, 1979 (VI of 1979), offices and sub-offices of Local
Government and Rural Development Department, Housing,
Urban Development and
Public Health Engineering Department entrusted to it under section 52 for
administrative and financial management
thereof and sub-offices and other
offices set-up by it under this Ordinance and grouped under the Tehsil
Municipal Officer.
(3) The Tehsil Municipal Officer shall act as co-ordinating and
administrative officer in-charge of the following Tehsil Officers, namely:-
(i) Tehsil Officer (Municipal Regulations) who shall be responsible
for licensing, management of municipal lands, estates, properties,
facilities
and enterprises and enforcement of relevant municipal laws, rules and bye-laws.
(ii) Tehsil Officer (Infrastructure and Services)
who shall be responsible for water, sewerage, drainage, sanitation, roads,
other than
Provincial and district roads, streets and street lighting; fire
fighting, park services.
(iii) Tehsil Officer (Planning) who shall be
responsible for spatial planning and land use control; building control; and
coordination
of development plans and projects with Union Administration,
Village Councils and other local governments.
(iv) Tehsil Officer (Finance) who shall be
responsible for budget, revenue and accounts.
(4) The staff of the Tehsil Officers referred to in sub-section (3)
shall be appointed from amongst the officials of the decentralised
offices
entrusted to Tehsil Municipal Administration, Local Council Service and
servants of Local Councils established under the
Punjab Local Government
Ordinance, 1979 (VI of 1979), by the Government keeping in view the requirements
of every Tehsil Municipal
Administration.
(5) Notwithstanding the
dissolution of Town Committees, Municipal Committees and Municipal Corporations
under this Ordinance, and until
any contrary order is made by the Government or
the service structure of the members of Local Council Service or the servants
of
Local Councils is altered, the administrative set-up of such Committees and
Corporations shall remain in tact and continue providing
municipal services and
the officers and staff working therein shall come under the executive control
of the Tehsil Nazim through
the Tehsil Municipal Officer.
(6) The officers and staff working in the
dissolved Zila Councils and Union Councils shall be posted in the offices of
such local governments
as may be determined by the Government.
54. Functions
and powers of the Tehsil Municipal Administration.– (1) The
functions and powers of the Tehsil Municipal Administration shall be to–
(a) prepare spatial plans for the tehsil in
collaboration with Union Councils, including plans for land use, zoning and
functions for
which the Tehsil Municipal Administration is responsible;
(b) seek
approval of the Tehsil Council to the spatial plans prepared by it after due
process of dissemination and public enquiry, incorporating
modifications on the
basis of such inquiry;
(c) execute and manage development plans;
(d) exercise control over land-use,
land-subdivision, land development and zoning by public and private sectors for
any purpose, including
for agriculture, industry, commerce markets, shopping
and other employment centers, residential, recreation, parks, entertainment,
passenger and transport freight and transit stations;
(e) enforce all municipal laws, rules and bye-laws
governing its functioning:
Provided
that the Tehsil Municipal Administration may, with the approval of Tehsil
Council, exempt any
Provided further that the
Government may, on the recommendations of Tehsil Municipal Administration
through District Government,
exempt any
Provided also that such
exemption shall not extend to any organised housing schemes, zoning of
industrial and commercial areas,
and matters concerning environmental
protection;
(f) prevent encroachments;
(g) regulate affixing of sign-boards and
advertisements;
(h) provide, manage, operate, maintain and improve
the municipal infrastructure and services, including-
(i) water supply and control and development of
water sources, other than systems maintained by the
(ii) sewage and sewage treatment and disposal;
(iii) storm water drainage;
(iv) sanitation and solid waste collection and
sanitary disposal of solid, liquid, industrial and hospital wastes;
(v) roads and streets, other than roads falling
under the jurisdiction of, and maintained by, the District Government or
Government
and streets maintained by the Union Administration or Village
Council;
(vi) traffic planning, engineering and management including traffic
signalling systems, signs on roads, street markings, parking places,
transport
stations, stops, stands and terminals;
(vii) street lighting;
(viii) fire fighting;
(ix) parks, playgrounds, open spaces and
arboriculture; and
(x) slaughter houses;
(i) compile information provided by
(j) prepare budget, long term and annual
municipal development programmes in collaboration with the Union Councils,
under the directions
of Tehsil Nazim;
(k) maintain, with the assistance of the District
Government,
[73][(l) propose taxes, cesses, user fees, rates,
rents, tolls, charges, surcharges, levies, fines and penalties under Part-III
of the Second
Schedule for approval of the Tehsil Council and notify the same
after such approval;]
(m) collect approved taxes, cess, user fees,
rates, rents, tolls, charges, fines and penalties;
(n) organize sports, cultural, recreational
events, fairs and shows;
[74][(nn) organize cattle fairs and cattle markets;]
(o) co-ordinate and support municipal functions
amongst Unions and Villages;
(p) regulate markets and services and issue
licenses, permits, grant permissions and impose penalties for violation thereof
as and where
applicable;
(q) manage properties, assets and funds vested in
the Tehsil Municipal Administration [75][*
* *];
(r) develop
and manage schemes, including site development in collaboration with District
Government and Union Administration;
(s) authorise
an officer or officers to issue notice to a person committing any municipal
offence and initiate legal proceedings for
continuance of commission of such
offence or for failure to comply with the directions contained in such notice;
(t) prosecute, sue and follow up criminal, civil
and recovery proceedings against violators of municipal laws in the courts of
competent
jurisdiction;
(u) maintain municipal records and archives; and
(v) prepare financial statements and present them
for internal and external audit in the manner as may be prescribed.
(2) The Tehsil Municipal Administration may,–
(a) assign or contract out, on such terms and
conditions as are approved by the Tehsil Council and after inviting public
objections,
any of its functions to any public-private, public or private
organization:
Provided
that responsibility for discharge of such functions shall continue to vest with
the Tehsil Municipal Administration.
(b) on such terms and conditions as are mutually
agreed, transfer its functions or responsibilities with regard to providing
municipal
services to the Union Administration or Village Council:
Provided
that no function or responsibility shall be transferred without allocation of
corresponding resources and funds:
Provided
further that the responsibility to regulate and monitor such functions and
services shall remain with the Tehsil Municipal
Administration.
(c) by an agreement and on such terms and
conditions as may be mutually agreed, perform any function of the District
Government;
(d) with funds raised through voluntary
contributions or external grant, but without recourse to additional enhanced
taxation, user
charges or fees or recourse to any other sources of public funds
and without incurring debt of any nature, undertake any development
project;
(e) with the approval of the Government and
concerned regulatory authorities of the Federal Government and Provincial
Government, set-up,
acquire, manage and operate any commercial activity on a
self-financing basis with no liability to the public exchequer; and
(f) set-up a corporate body to perform any of its
functions, singly or jointly with other public or private bodies:
Provided
that responsibility for discharge of such functions shall continue to vest with
the Tehsil Municipal Administration.
[76][54-A. Functions and powers of the Town Municipal
Administration.– The functions and powers of the Town Muncipal
Administration shall be to-
(a) prepare
spatial plans for the Town in collaboration with Zila and Union Councils
including plans for land use, zoning and functions
for which the Town Municipal
Administration is responsible within the framework of the spatial/master plans
for the City District;
(b) enforce,
in addition to its own, all municipal laws for and on behalf of the City
District Government, if required by such City
District Government at the cost
and expense of the latter;
(c) execute
and manage development plans for the functions which are performed by the Town
Municipal Administration;
(d) exercise control over land use, land
sub-division, land development and zoning by public and private sectors for any
purpose, including
agriculture, industry, commerce, markets, shopping and other
employment centers, residential, recreation, parks, entertainment,
passenger
and transport freight and transit stations within the framework of the spatial
and master plan for the City District;
(e) prevent
and remove encroachments;
(f) procure
and compile information provided by
(g) prepare budget and, annual and long term town
municipal development programmes in collaboration with the Union Councils,
under the
directions of Town Nazim;
(h) maintain, with the assistance of the City
District Government,
(i) propose taxes,
cesses, user fees, rates, rents, tolls, charges, levies, fines and penalties
under Part-IV of the Second Schedule
for approval of the Town Council and
notify the same after such approval;
(j) collect
taxes, cesses, user fees, rates, rents, tolls, charges, fines and penalties;
(k) organise
local sports, cultural and recreational events, fairs and shows;
(l) organise
cattle fairs and cattle markets;
(m) regulate
markets and services and issue licenses, permits, grant permissions and impose
penalties for violations thereof as and
where applicable;
(n) manage
properties, assets and funds vested in the Town Municipal Administration;
(o) develop
and manage schemes, including site development, in collaboration with City
District Government and Union Administration;
(p) provide,
manage, operate, maintain and improve the municipal infrastructure and
services, including–
(i) water supply distribution other than integrated
systems maintained by or on behalf of the City District;
(ii) sewerage
system other than an integrated system maintained by or on behalf of City
District excluding sewerage treatment and disposal;
(iii) solid
waste collection and conveyance to transfer stations designated by the town but
excluding treatment and disposal of waste;
(iv) street
lighting;
(v) parks, playgrounds, open spaces and
arboriculture; provided that facilities to be maintained by the City District
shall be notified
by the Government; and
(vi) slaughter
houses;
(q) authorize
an officer or officers to issue notice to a person committing any municipal
offence and initiate legal proceedings for
continuance of commission of such
offence or for failure to comply with the directions contained in such notice;
(r) prosecute,
sue and follow criminal, civil and recovery proceedings against violations of
municipal laws;
(s) maintain
town municipal records and archives; and
(t) prepare
financial statements and present them for internal and external audit in the
manner as may be prescribed.]
55. Fiscal transfers to Tehsil Municipal
Administration.– The Tehsil Municipal Administration shall receive fiscal
transfers from the [77][*
* *] Government in the manner as may be prescribed.
56. Tehsil Nazim.– (1) The
Tehsil Nazim shall head the Tehsil Municipal Administration and shall exercise
such functions and powers as have been assigned
to him under this Ordinance.
(2) The Tehsil Nazim shall be assisted by Tehsil Municipal Officer.
(3) The Tehsil Nazim shall be responsible to
ensure that the business of the Tehsil Municipal Administration is carried out
in accordance
with the provisions of this Ordinance and the laws relating to
the municipal services for the time being in force.
57. Functions of Tehsil Nazim.– The
functions of Tehsil Nazim shall be–
(a) to provide vision and direction for efficient
functioning of the municipal administration;
(b) to formulate strategies for development of
municipal infrastructure and improvement of delivery of the municipal services
of the
tehsil;
(c) to oversee formulation and implementation of long
term and annual municipal development programmes;
(d) to oversee the delivery of services by the
Tehsil Municipal Administration and implementation of the laws governing the
municipal
services;
(e) to
present the budget proposal to the Tehsil Council for approval;
(f) to present a report in person on the
performance to the Tehsil Council at least once in six months;
(g) to
supervise the utilization of the funds allocated to the Tehsil Municipal
Administration and to ensure their proper accounting;
(h) to establish and supervise the working of the
Internal Audit Office; and
(i) to represent Tehsil Municipal Administration
on public and ceremonial occasions.
58. Tehsil
Municipal Officer.– (1) The
Government shall appoint the Tehsil Municipal Officer who shall be the
Principal Accounting Officer of the Tehsil Municipal
Administration and shall
be the focal person–
(a) for redressing public complaints relating to
Tehsil Municipal Administration; and
(b) for
liaising with the District Government and the Local Government Commission,
through the District Government, for resolution of
disputes relating to Tehsil
Municipal Administration.
(2) The Tehsil Municipal Officer shall-
(a) ensure that the business of the Tehsil
Municipal Administration is carried out in accordance with this Ordinance and
any other law
relating to municipal services for the time being in force;
(b) co-ordinate the municipal activities of the
Tehsil Municipal Administration and Union Administrations within the Tehsil for
coherent
planning and development of municipal infrastructure and for effective
and efficient functioning of the Tehsil Municipal Administration;
(c) exercise general supervision over programmes,
projects, services, and activities of the Tehsil Municipal Administration; and
(d) provide information required by the Tehsil
Council for the performance of their functions:
Provided that while dealing
with the Government, District Government and Local Government Commission, the
Tehsil Municipal Officer
shall not bypass the Tehsil Nazim.
[78][58-A. Town Officer or Tehsil Officer.– The
functions and powers of the Town Officer
or Tehsil Officer of the Town Municipal Administration or, as the case
may be, Tehsil Municipal Administration shall be to–
(a) ensure that the business of the office under
his administrative control is carried out in accordance with law and the human
and
material resources placed at his disposal are optimally utilized to improve
governance;
(b) co-ordinate and supervise the activities of
the office and ensure efficient service delivery by the functionaries under his
administrative
control;
(c) supply information to the Monitoring
Committees of the Town Council, Tehsil Council and Union Councils;
(d) take appropriate corrective actions based on
the information received from Monitoring Committees;
(e) enforce relevant Federal, Provincial and
municipal laws;
(f) prepare development plans and propose
budgetary allocations for their execution;
(g) implement approved plans and policies;
(h) authorize-disbursement of performance bonuses
to the employees;
(i) prepare proposals for expenditures necessary
for the proper conduct of programs, projects, services and other activities;
(j) propose relevant bye laws on service delivery
to the Town Municipal Officer or Tehsil Municipal Officer; and
(k) act as Departmental Accounting Officer for his
respective office and be responsible to the Accounts Committee of the Town
Council
or Tehsil Council.]
[79][58B. Performance evaluation of
officers of tehsil.–
The annual performance report of the officers posted in the Tehsil Municipal
Administration shall be initiated by–
(a) the Tehsil Nazim in respect of Tehsil
Municipal Officer and the Zila Nazim shall be the first countersigning officer,
while the
Secretary, Local Government Department shall be the second
countersigning officer:
Provided
that the District Coordination Officer shall record in a separate part of the
Performance Evaluation Report his evaluation
about the Tehsil Municipal
Officer’s ability to collect and compile information; and
(b) the
Tehsil Municipal Officer in respect of Tehsil Officers:
Provided that the Tehsil
Nazim shall be the countersigning officer.]
59. Personal
responsibility of Tehsil Nazim.–
The Tehsil Nazim shall be personally responsible for any loss, financial or
otherwise, flowing from the decisions made by him personally
or under his
directions in violation of any provisions of this Ordinance or any other law
for the time being in force and for any
expenditure incurred without lawful
authority.
60. Resignation of Tehsil Nazim.–
The Tehsil Nazim may resign from office by tendering resignation in writing
addressed to the Chief Executive of the Province.
61. Vacancy of the Office of
Tehsil Nazim.– (1) In case the office of Tehsil Nazim falls vacant for
reason of his death, resignation or removal or, where in the opinion of
the
Tehsil Council, he has become incapable to perform his functions on account of
mental or physical incapacity, the Naib Tehsil
Nazim shall act as Tehsil Nazim
till an officiating Nazim is appointed under sub-section (6) of section 156 or
a new Tehsil Nazim
is elected under sub-section (5) of that section:
[80][Provided that where the Naib Tehsil Nazim is
absent or his office is vacant for any reason, the senior-most presiding
officer in
the panel elected under sub-section (5) of section 69 shall act as
Tehsil Nazim and the next senior-most presiding officer in the
panel shall act
as Naib Tehsil Nazim till the election of officiating Tehsil Nazim under
section 68 or Naib Tehsil Nazim resumes
his functions or, as the case may be, a
new Naib Tehsil Nazim is elected by the Tehsil Council under section 156:
Provided
further that the officiating Tehsil Nazim shall not be a candidate in the
election for Tehsil Nazim.]
(2) Where a Tehsil Nazim is unable to perform his
functions for reason of his temporary absence, he may authorise Naib Tehsil
Nazim,
in writing, to act on his behalf till he resumes his duties.
[81][62. * * * * * * * *
* * * *]
63. [82][Recall] of a Tehsil Nazim.– (1) If
in the opinion of a member of the Tehsil Council, there is a reason to believe
that the Tehsil Nazim is acting against the public
policy or the interest of
the people or is negligent or is responsible for loss of opportunity to improve
governance and the delivery
of services, he may, seconded by another member of
the Council, give a notice to move a motion in the Tehsil Council through Naib
Tehsil Nazim for recall of Tehsil Nazim.
(2) On receipt of notice referred to in
sub-section (1), the Naib Tehsil Nazim shall summon a session of the Tehsil
Council not earlier
than three days but not later than seven days, if the
Tehsil Council is not already in session.
(3) Where the Tehsil Council is already in
session, the motion referred to in sub-section (1) shall be taken up for
deliberations on
the next day from its receipt by the Naib Tehsil Nazim;
[83][(4) Where
the motion referred to in sub-section (1) is approved by two-third majority of
the votes of the total membership of the Council,
through a secret ballot to be
conducted by the Returning Officer nominated by the Chief Election
Commissioner, the Tehsil Nazim
shall cease to hold office forthwith and the
notification shall be issued in this behalf by the Chief Election Commissioner
accordingly.]
[84][(5) * * * * * * * * * * * *].
(6) Where the motion
fails in the Tehsil Council, the proposer and seconder of such motion shall
lose their seats both as [85][members
of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib
Union Nazim].
(7) The Tehsil Nazim shall have the right to
appear before the Tehsil Council and address it in his defence.
(8) No motion for recall of Tehsil Nazim shall be
moved during the first six months of assumption of office of Tehsil Nazim nor
shall
such motion be repeated before the expiry of one year from the rejection
of previous motion [86][.]
[87][*
* * * * * * * * * * * *]
64. Setting aside an order of Tehsil Nazim.– (1) On a motion initiated by the District Government, the Zila Council
may, by a resolution stating the grounds thereof, passed by a
simple majority
of its total membership, set aside an order or decision of general application
taken by Tehsil Nazim, if it considers
the same to be against the interest of
the people or public policy.
(2) The result of the approval of the resolution of the Zila Council
referred to in sub-section (1) shall be notified by the District
Government.
[88][64A. Setting
aside the order of Tehsil Nazim by the Chief Executive of the Province.– (1)
Notwithstanding anything contained in section 64, where, in the opinion of the
Chief Executive of the Province, an order or
decision of the Tehsil Nazim is
not in conformity with law or is against the interest of the people, he may,
for the reasons to
be recorded and conveyed to the Nazim, suspend such order
or, as the case may be, decision and refer the matter to the Provincial
Local
Government Commission for an enquiry to be completed not later than ninety
days:
Provided
that the Tehsil Nazim shall be given an opportunity of being heard by the Provincial
Local Government Commission before
making recommendation to the Chief Executive
of the Province.
(2) On receipt of report of enquiry conducted by
the Provincial Local Government Commission, the Chief Executive of the Province
may
take such action as deemed expedient in the light of such report, including
quashment of the order or decision of the Tehsil Nazim:
Provided
that if no action is taken within ninety days of the suspension of the order or
decision of the Tehsil Nazim, such order
or, as the case may be, decision shall
stand restored.
(3) The quashment of an
order or decision referred to in sub-section (2) shall be notified by the
Government in the official Gazette.]
65. Composition of Tehsil and Town
Councils.– (1) There shall be a Tehsil Council in a tehsil and a Town
Council in a town in a City District and shall consist of Naib Nazims
of all
Union Councils in the tehsil or town, as the case may be, and the following
members elected on reserved seats, namely:-
(a) such
number of women as represents thirty-three percent of the total number of the
Unions in the tehsil or, as the case may be,
the town;
(b) such
number of peasants and workers as represent five percent of the total number of
the Unions in the tehsil or, as the case may
be, the town; and
(c) such
number of persons from minority communities as represent five percent of the
total number of the Unions in the tehsil or, as
the case may be, the town.
(2) If, in calculating a percentage for the
purposes of sub-section (1), the number of reserved seats does not come out to
be a whole
number and such number is–
(a) less
than a half, the number shall be rounded down to the next lower number; or
(b) a
half or more, the number shall be rounded up to the next higher number:
(3) The Naib Tehsil Nazim or Naib Town Nazim shall be the Convener of
the Tehsil Council or, the Town Council, as the case may be.
(4) The Tehsil Council and Town Council shall have
their offices under the Naib Tehsil Nazim or Naib Town Nazim, as the case may
be,
and shall have separate budget allocations [89][with its Secretary as Drawing and
Disbursing Officer and Naib Tehsil Nazim as the Principal Accounting Officer].
66. Provisions of Tehsil Council
apply to Town Council.– The provisions relating to Tehsil Council shall, mutatis mutandis, apply to Town Council
and any reference [90][*
* *] in these provisions [91][to]
Tehsil Nazim, Naib Tehsil Nazim or Tehsil Municipal Administration shall, [92][subject
to section 40,] respectively, be read as reference to Town Nazim, Naib Town
Nazim and Town Municipal Administration.
67. Functions and powers of the
Tehsil Council.– The functions and powers of the Tehsil Council shall be–
(i) to
approve taxes, cess, rates, rents, fees, user-charges, tolls, levies, fines and
penalties proposed by Tehsil Municipal Administration
specified in [93][Part-III] of the Second Schedule;
(ii) to approve bye-laws for delivery of municipal
services;
(iii) to approve annual budget and appropriations
for the Tehsil Municipal Administration;
(iv) to approve long and short term development
plans;
(v) to approve posts of personal staff for the
office of Tehsil Nazim and the terms and conditions of their service:
Provided that no post of advisor, special
assistant, press or political secretary to the Tehsil Nazim shall be sanctioned
or approved.
(vi) to approve land use, zoning and master plan of
the tehsil development and maintenance programmes or projects proposed by the
Tehsil
Municipal Administration;
(vii) to elect Monitoring Committees of the Tehsil
Council to monitor the working of the Tehsil Municipal Administration and the
provision
of municipal services;
(viii) to ensure that Monitoring Committees perform
their functions in a non-intrusive manner without interfering in the day to day
working
of the relevant offices of the Tehsil Municipal Administration and do
not assume a command and control role;
(ix) to review the reports of the Monitoring
Committees and make appropriate recommendations to the Tehsil Nazim;
(x) to elect a Code of Conduct Committee which
shall be responsible for enforcing the code of conduct for regulating the
conduct of
the members of the Tehsil Council;
(xi) to elect an Insaf Committee for interacting
with the Insaf Committee of the Zila Council.
(xii) to elect Tehsil Accounts Committee to review
the audit reports of the accounts of Tehsil Municipal Administration;
(xiii) to review the performance of Tehsil Municipal
Administration presented by the Tehsil Nazim;
(xiv) to
authorise the Tehsil Municipal Administration, subject to applicable laws and
with the prior permission of the Government through
District Government,
floating of municipal bonds for raising funds for financing municipal projects;
and
(xv) to require, by resolution, the Tehsil
Municipal Administration to undertake measures for improvement in the delivery
of municipal
services.
[94][67-A. Functions and powers of the Town Council.–The
functions and powers of the Town Council shall be to–
(a) approve taxes, cesses, rates, rents, fees,
user charges, tolls, levies, fines and penalties proposed by Town Municipal
Administration
specified in Part-IV of the Second Schedule;
(b) approve annual budget and appropriation for
the Town Municipal Administration;
(c) approve long and short term development plans;
(d) approve posts of personal staff for the office
of Town Nazim and the terms and conditions of their service; provided that no
post
of advisor, special assistant, press secretary or political secretary to
the Town Nazim shall be sanctioned or approved;
(e) elect monitoring committees of the Town
Council to monitor the working of the Town Municipal Administration and to
provide municipal
services;
(f) ensure that monitoring committees perform their functions in a
non-intrusive manner in the day to day working of the relevant offices
of the
Town Municipal Administration and do not assume a command and control role;
(g) review the reports of the monitoring
committees and make appropriate recommendations to the Town Nazim;
(h) elect Ethics Committee which shall be
responsible for enforcing the code of conduct for regulating the conduct of the
members of
the Town Council;
(i) elect an Insaaf Committee for interacting with
the Insaaf Committee of the Zila council;
(j) elect Town Accounts Committee to review the
audit reports of the accounts of Town Municipal Administration;
(k) review the performance of Town Municipal
Administration presented by the town Nazim;
(l) recommend, by resolution, to the City District
Government measures for improving delivery of municipal services to the Towns;
(m) approve bye-laws for delivery of municipal
services;
(n) approve land use, zoning and master plan of
the town development and maintenance programmes or projects proposed by the
Town Municipal
Administration; and
(o) require, by resolution, the Town Municipal
Administration to undertake measures for improvement in the delivery of
municipal services.]
68. Power to appoint officiating Tehsil Nazim.– [95][(1)] Where the office of Tehsil
Nazim falls vacant by reason of his death, resignation or removal, the Tehsil
Council shall, from
amongst its members, elect an officiating Tehsil Nazim,
till a new Tehsil Nazim is elected under the provisions of sub-section (5)
of
section 156:
Provided that Naib Tehsil Nazim shall convene the meeting of
the Tehsil Council for the election of officiating Tehsil Nazim within
ten days
from the death, resignation or removal of Tehsil Nazim, as the case may be:
Provided
further that the officiating Tehsil Nazim shall not be a candidate for the
office of Tehsil Nazim in election for Tehsil
Nazim.
[96][(2) Where
the Naib Tehsil Nazim fails to convene the meeting for election of officiating
Tehsil Nazim from amongst the members of the
Council within ten days, the Naib
Tehsil Nazim shall be liable to misconduct, and the senior-most presiding
officer shall convene
the meeting of the Council for such purpose.]
69. Conduct of the business of Tehsil Council.– (1) The Tehsil Council shall
regulate its business in accordance with the bye-laws made by it.
(2) The Tehsil Council
shall meet at least once in every month.
(3) Save as otherwise
provided, decisions of the Tehsil Council shall be taken by resolutions passed
by a simple majority of the members
present and voting and a copy of each
resolution shall be transmitted to the Local Government Commission [97][:]
[98][Provided
that the member presiding the meeting shall not vote except in the case of
equality of votes.]
[99][(4) In
the first meeting of the Council to be convened and presided over by the
Returning Officer nominated by the Chief Election Commissioner,
the members of
the Tehsil Council shall elect from amongst themselves a Naib Tehsil Nazim
securing majority votes of total membership
of the Council through a secret
ballot.
(4A) The Naib Tehsil Nazim elected under
sub-section (4) shall be the Convener of the Tehsil Council and shall preside
its meetings and
shall perform such other functions as are assigned to him by
the Tehsil Nazim.]
[100][(5) After
the election of Naib Tehsil Nazim, the Tehsil Council shall, in order of
precedence, elect a panel of not less than three
members as presiding officers
securing highest number of votes who shall, in the absence of, or in case of
the suspension of, Naib
Tehsil Nazim, or where a no confidence motion has been
moved against him, convene and preside over the meetings of the Tehsil
Council.]
(6) The quorum of the meetings of the Tehsil
Council shall be fifty-one percent of its total membership.
(7) The meetings of the Tehsil Council shall be open to public, unless
the Council, by a resolution, decides to hold any meeting in camera.
(8) The minutes of the
meetings of Tehsil Council shall be recorded and maintained by an officer
authorized by the Tehsil Council.
70. Address of Tehsil Nazim.–
(1) At the commencement of first session of the Tehsil Council after its
election and on commencement of first session of every
year the Tehsil Nazim
shall address the Tehsil Council and shall inform the Council of his plans and
programmes for the said year
and the performance of the Tehsil Administration
during the preceding year.
(2) Notwithstanding anything contained in
sub-section (1), the Tehsil Nazim may address the Tehsil Council whenever he
deems necessary
to associate the Tehsil Council in functioning of the Tehsil
Municipal Administration.
[101][70A. Setting
aside the resolution of Tehsil Council.– (1) On a motion initiated
by the District Government, the Zila Council may, by a resolution stating the
grounds thereof, passed
by a simple majority of its total membership, set aside
a resolution of the Tehsil Council, if it considers the same to be against
the
interest of the people or public policy.
(2) The result of the approval of the resolution
of the Zila Council, referred to in sub-section (1), shall be notified by the
Zila
Council.]
[102][70B. Setting aside the resolution of Tehsil Council
by the Chief Executive of the Province.– (1) Where, in the opinion
of the Chief Executive of the Province, a resolution of Tehsil Council is not
in conformity with law
or is against the interest of the people, he may, for
the reasons to be recorded and conveyed to the Tehsil Council, suspend such
resolution and refer the matter to the Provincial Local Government Commission
for an enquiry to be completed not later than ninety
days.
(2) On receipt of report of enquiry conducted by
the Provincial Local Government Commission, the Chief Executive of the Province
may
take such action as deemed expedient in the light of such report, including
quashment of the resolution of the Tehsil Council:
Provided
that if no action is taken within ninety days of suspension of the resolution
of the Tehsil Council, such resolution shall
stand restored.
(3) The quashment of the resolution referred to in
sub-section (2), shall be notified by the Government in the official Gazette.]
71. Resignation of Naib Tehsil Nazim.– The Naib Tehsil Nazim may resign
from office by tendering resignation in writing addressed to the Tehsil Nazim.
72. [103][No confidence motion against] Naib Tehsil Nazim.– (1) If in the opinion of a
member of Tehsil Council, there is a reason to believe that the Naib Tehsil
Nazim is acting against the public
policy or the interest of the people or for
any other reason [104][he
has lost confidence of the Council], he may, seconded by another member of the
Council, give a notice to the Tehsil Council
for moving a motion for [105][removal]
of Naib Tehsil Nazim.
(2) On receipt of notice
referred to in sub-section (1), the senior-most presiding officer in the panel
referred to in sub-section (5)
of section 69 shall summon a session of Tehsil
Council not earlier than three days but not later than seven days, if the
Tehsil
Council is not already in session.
(3) Where the Tehsil Council is already in
session, the motion referred to in sub-section (1) shall be taken up for
deliberations on
the next day from its receipt in the Tehsil Council.
[106][(4) Where
the motion referred to in sub-section (1) is approved by majority votes of the
total membership of the Council, through a
secret ballot, the Naib Tehsil Nazim
shall cease to hold office forthwith and the notification shall be issued in
this behalf by
the Chief Election Commissioner.]
[107][(5) Where
the Naib Tehsil Nazim is removed under sub-section (4), the Council shall elect
a new Naib Tehsil Nazim within a period not
later than ten days in the manner
specified in sub-section (4) of section 69.]
(6) Where the motion
fails in the Tehsil Council, the proposer and seconder of such motion shall
lose their seats both as [108][members
of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib
Union Nazim].
(7) The Naib Tehsil Nazim shall have the right to [109][address the Tehsil Council] in his
defence.
(8) No motion for recall of Naib Tehsil Nazim
shall be moved during the first six months of assumption of office of Naib
Tehsil Nazim
nor shall such motion be repeated before the expiry of one year
from the rejection of previous motion.
73. Joint committees of Councils.– The Tehsil Council may, with the
consent of the Zila Council or adjoining Tehsil Councils or Union Councils, set
up joint committees
of the Councils for any purpose in which such Councils may
be jointly interested and may delegate to such joint committees any power
which
may be exercised by them, including the power to make bye-laws for their
functioning.
CHAPTER VII
74. Composition of Union
Administration.– There shall be constituted a Union Administration for
every Union which shall be a body corporate and consist of Union Nazim, Naib
Union Nazim and not more than three Union Secretaries and, where required, the
members of ancillary staff.
75. Structure of Union
Administration.– (1) The Union Nazim shall be the head of the Union
Administration.
(2) The Naib Union Nazim shall deputize the Union
Nazim during his temporary absence.
(3) The Union Secretaries shall coordinate and
facilitate in community development, functioning of the Union Committees and
delivery
of municipal services under the supervision of Union Nazim:
Provided
that functions of the
[110][(4) The Union Nazim may declare one of the
Secretaries of the Union Administration to act as the Principal Accounting
Officer of the
Union Administration.]
76. Functions of the Union
Administration.– The functions of Union Administration shall be–
(a) to collect and maintain statistical
information for socio-economic surveys;
(b) to consolidate village and neighbourhood
development needs and prioritize them into union-wide development proposals
with the approval
of the Union Council and make recommendations thereof to the
District Government or Tehsil Municipal Administration, as the case
may be;
(c) to identify deficiencies in the delivery of
services and make recommendations for improvement thereof to the Tehsil
Municipal Administration;
(d) to register births, deaths and marriages and
issue certificates thereof;
(e) to make proposals to the Union Council for
levy of rates and fees specified in the Second Schedule and to collect such
rates and
fees within the
(f) to establish and maintain libraries;
(g) to
organize inter-Village or Neighbourhood sports tournaments, fairs, shows and
other cultural and recreational activities;
[111][(h) * * * * *
* * * * * * *]
(i) to disseminate information on matters of
public interest;
(j) to improve and maintain public open spaces,
public gardens and playgrounds;
(k) to provide and maintain public sources of
drinking water, including wells, water pumps, tanks, ponds and other works for
the supply
of water;
(l) to maintain the lighting of streets, public
ways and public places through mutual agreement with the Tehsil Municipal
Administration;
(m) to arrange facilities for the handicapped,
destitutes and poor;
(n) to provide protection against stray animals
and animal trespass, and to establish cattle pounds;
(o) to regulate grazing areas;
(p) to assist the relevant authorities in
disasters and natural calamities, and assist in relief activities, including
de-silting of
canals;
(q) to
co-operate with the public, private or voluntary organisations, engaged in
activities similar to those of the
(r) to execute the projects of the approved Union
Annual Development Plan by contracting out to the private sector in the manner
as
may be prescribed and to obtain support of the Tehsil Municipal
Administration or District Government for such execution; and
(s) to assist the Village Councils or, as the
case may be, Neighbourhood Councils in the
77. Assignment of functions to
Village Council.– The Union Administration may, subject to such terms and
conditions as may be mutually agreed, assign any of its functions to Village
Council:
Provided
that responsibility for discharge of such functions shall continue to vest with
the Union Administration:
Provided
further that no function or responsibility shall be transferred without
allocation of corresponding resources and funds.
78. Entrustment of functions by
District Government, etc.– (1) The District Government or, as the case may
be, the Tehsil Municipal Administration may entrust any of its functions to the
Union Administration with mutual agreement:
Provided
that resources required for carrying out such functions shall be made available
to the Union Administration.
(2) The Union Administration
may, with the mutual agreement and the funds raised by it through voluntary
contributions, undertake development
projects or functions of the Tehsil
Municipal Administration or the District Government:
Provided
that no additional user charges or fees shall be collected from the population
benefitting from such projects and functions:
Provided
further that for carrying out such functions or completion of such projects,
the Union Administration shall not have recourse
to public funds or incur any
debt.
79. Government to prescribe powers of Union Administration.– The
administrative, financial and regulatory powers of the Union Administration
shall be prescribed by the Government.
80. Functions of Union Nazim.– A
Union Nazim shall–
(a) provide leadership for Union-wide development
and preparation of budget and the annual development plan;
(b) organize the management of inter-villages
municipal infrastructure;
(c) assist the Tehsil Municipal Administration in
spatial planning process;
(d) constitute Musalihat Anjuman;
(e) dispose of the business of Union
Administration [112][and shall record the annual
Performance Evaluation Report of Union Secretaries and such report shall be
countersigned by the Tehsil
Municipal Officer]; and
(f) report to the concerned authorities in
respect of–
(i) encroachment on State and local government property and violation of
land use and building laws, rules and bye-laws.
(ii) sale and trade of dangerous and offensive
articles;
(iii) environmental and health hazards;
(iv) adulteration of articles of food; and
(v) breach of public watercourses,
(g) within
the area of the union.
81. Personal responsibility of
Union Nazim.– The Union Nazim shall be personally responsible for any loss,
financial or otherwise, flowing from the decisions made by him personally
or
under his directions in violation of any provisions of this Ordinance or any
other law for the time being in force and for any
expenditure incurred without
lawful authority.
82. Setting aside decisions of Union Nazim.– (1) On a motion initiated by
the Tehsil Nazim or Town Nazim, Tehsil Council or, as the case may be, Town
Council may, by a resolution
stating the grounds thereof, passed by a simple
majority of its total membership, set aside an order or decision taken by Union
Nazim, if it considers the same to be against the interest of the people or
public policy.
(2) The result of the
resolution referred to in sub-section (1) shall be notified by the Tehsil
Council or Town Council, as the case
may be.
[113][82A. Setting
aside the order of Union Nazim by the Chief Executive of the Province.– (1)
Notwithstanding anything contained in section 82, where, in the opinion of the
Chief Executive of the Province, an order or
decision of the Union Nazim is not
in conformity with law or is against the interest of the people, he may, for
the reasons to
be recorded and conveyed to the Nazim, suspend such order or, as
the case may be, decision and refer the matter to the Provincial
Local
Government Commission for an enquiry to be completed not later than ninety
days:
Provided
that the Union Nazim shall be given an opportunity of being heard by the
Provincial Local Government Commission before
making recommendation to the
Chief Executive of the Province.
(2) On receipt of report of enquiry conducted by
the Provincial Local Government Commission, the Chief Executive of the Province
may
take such action as deemed expedient in the light of such report, including
quashment of the order or decision of the Union Nazim:
Provided
that if no action is taken within ninety days of the suspension of the order or
decision of the Union Nazim, such order
or, as the case may be, decision shall
stand restored.
(3) The quashment of an order or decision, referred to in sub-section
(2), shall be notified by the Government in the official Gazette.]
83. Resignation by Union Nazim.–
The Union Nazim may resign from his office by tendering resignation in writing
addressed to Naib Zila Nazim.
[114][84. * * * * * * * * * * * *]
85. [115][Recall] of Union Nazim.– (1) If in the opinion of a member of Union Council, there is a
reason to believe that the Union Nazim is acting against the public policy
or
the interest of the people or on the ground of inaction or neglects to serve
the needs of the people, he may, seconded by another
member of the Council,
give a notice to move a motion in the Union Council for recall of Union Nazim.
(2) On receipt of notice referred to in
sub-section (1), the Naib Union Nazim shall summon a session of Union Council
within three days
if the Union Council is not already in session.
(3) Where the Union Council is already in session, the motion
referred to in sub-section (1) shall be taken up for deliberations on the next
day from
its receipts in the Union Council.
[116][(4) Where the motion referred to in sub-section
(1) is approved by two-third majority of the votes of the total membership of
the Union
Council to be conducted by the Chief Election Commissioner, through a
secret ballot, the Union Nazim shall cease to hold office
forthwith and the
notification shall be issued in this behalf by the Chief Election
Commissioner.]
(5) Where the motion fails in the Union Council,
the proposer and seconder of such motion shall lose their seats as members of
the Union
Council.
[117][(6) * * * * *
* * * * * *]
(7) The Union Nazim shall have the right to [118][address the Union Council] in his
defence.
(8) No motion for recall of Union Nazim shall be moved during the
first six months of assumption of office of Union Nazim nor shall such motion be repeated before
the expiry of one year from the rejection of previous motion[119][;] [120][provided that no motion for recall
of Union Nazim shall be moved before 31st December, 2002].
86. Joint committees of Councils.– The Union Council may, with the consent of the Zila
Council or a Tehsil Council or Town Council or adjoining Union Councils set up
joint
committees of the Councils for any purpose in which such Councils may be
jointly interested and may delegate to such joint committee
any power which may
be exercised by them, including the power to make bye-laws for their
functioning.
CHAPTER
VIII
87. Composition of the Union
Council.– (1) There shall be a Union Council in each Union comprising [121][thirteen]
following members elected directly in accordance with section 148–
(a) [122][six]
Muslim members, elected to general seats, including [123][two]
reserved for women;
(b) [124][four]
members, elected to seats reserved for peasants and workers, including two
reserved for women;
(c) one member elected to a seat reserved for minority
communities; and
(d) Union
Nazim and Naib Union Nazim elected as joint candidates:
[125][Provided that in a Union where the
population of minorities is in excess of ten percent of the total population of
the Union, reserved
seats for minority communities, referred to in clause (c),
shall be increased by reallocating the seats specified in clauses (a)
and (b)
in the manner prescribed by the Government.]
88. Functions of the Union
Council.– (1) The functions of the Union Council shall be to–
(a) approve the annual development plan and
budgetary proposals of the Union Administration;
(b) approve rates and fees for services specified
in [126][Part-V]
of the Second Schedule proposed by the Union Administration;
(c) facilitate the formation and functioning of Citizen
Community Boards;
(d) assist the Tehsil Council and Town Council in
creation of Village and Neighbourhood Councils;
(e) facilitate the formation of co-operatives for
improving economic returns and reduction of interstitial poverty;
(f) mobilize
the community involvement in maintenance of public ways, public streets,
culverts, bridges and public buildings, de-silting
of canals and other
development pursuits;
(g) promote plantation of trees, landscaping and
beautification of public places in the
(h) assist Tehsil Municipal Administration in
establishment and maintenance of burial and cremation places;
(i) approve
the terms and conditions of the employment of Village or Neighbourhood guards
and oversee their functioning;
(j) adopt appropriate measures and provide
support to the District Government, Tehsil Municipal Administration and Town
Municipal Administration
for achievement of socio-economic development and
improvement of services;
(k) elect Monitoring Committees of the
(l) elect a Code of Conduct Committee of the
Union Council which shall be responsible for enforcing the code of conduct for
regulating
the conduct of members of the Council;
(m) elect a Union Accounts Committee which shall
be responsible for examination of the audit reports;
(n) elect an Insaf Committee which shall be
responsible for the selection of the panel of Conciliators of Musalihat Anjuman
for out
of court amicable settlement of disputes;
(o) review the performance of Union
Administration and Union Monitoring Committees; and
(p) review the annual statement of accounts and
external or special audit reports in respect of the Union Administration.
89. Conduct of the business of Union Council.– (1) The Union Council shall regulate its business in accordance
with the bye-laws made by it.
(2) The Union Council shall meet at least once in
every month.
(3) All decisions of the Union Council shall be
taken by resolutions passed by a simple majority of its total membership [127][:]
[128][Provided
that the member presiding the meeting shall not vote except in the case of
equality of votes.]
(4) All meetings of the Union Council shall be
presided over by Union Nazim and, in his absence, by the Naib Union Nazim or,
in absence
of both Union Nazim and Naib Union Nazim or where a motion for
recall of Union Nazim or Naib Union Nazim has been moved, by a member
elected
by the Union Council from amongst its members present in the meeting.
(5) The quorum of the meetings of the Union
Council shall be fifty-one percent of its total membership.
(6) The meetings of the Union Council shall be
open to public, unless the Union Council, by a resolution, decides to hold any
meeting
in camera.
(7) The minutes of the meetings of Union Council shall be recorded and
maintained by an [129][official] authorized by the Union Council.
[130][89A. Setting aside the resolution of
Union Council.– (1)
On a motion initiated by the Tehsil Municipal Administration, the Tehsil
Council may, by a resolution stating the grounds thereof,
passed by a simple
majority of its total membership, set aside a resolution of the Union Council,
if it considers the same to be
against the interest of the people or public
policy.
(2) The result of the approval of the resolution
of the Tehsil Council referred to in sub-section (1) shall be notified by the
Tehsil
Council.]
[131][89B. Setting
aside the resolution of Union Council by the Chief Executive of the Province.– (1) Where, in
the opinion of the Chief Executive of the Province, a resolution of Union
Council is not in conformity with law or
is against the interest of the people,
he may, for the reasons to be recorded and conveyed to the Union Council,
suspend such resolution
and refer the matter to the Provincial Local Government
Commission for an enquiry to be completed not later than ninety days.
(2) On receipt of report of enquiry conducted by
the Provincial Local Government Commission, the Chief Executive of the Province
may
take such action as deemed expedient in the light of such report, including
quashment of the resolution of the Union Council:
Provided that if no action is taken within ninety days of
suspension of the resolution of the Union Council, such resolution shall
stand
restored.
(3) The quashment of the
resolution referred to in sub-section (2) shall be notified by the Government
in the official Gazette.]
90. Address of Union Nazim.– (1) At the commencement of first session
of the Union Council after its election and on commencement of first session of
every year
the Union Nazim shall address the Union Council and shall inform the
Council his plans and programmes for the said year and the
performance of the
Union Administration during the preceding year.
(2) Notwithstanding anything contained in
sub-section (1), the Union Nazim may address the Union Council whenever he
deems necessary
to associate or consult the Union Council in functioning of the
Union Administration.
91. Resignation by Naib Union
Nazim.– The Naib Union Nazim may resign from his office by tendering
resignation in writing addressed to [132][Naib
Tehsil Nazim].
92. Recall of Naib Union Nazim.– (1) If in the opinion of a member of Union Council,
there is a reason to believe that the Naib Union Nazim is acting against the
public
policy or the interest of the people or for any other reason, he may,
seconded by another member of the Council, move a motion in
the Union Council
for recall of Naib Union Nazim.
(2) On receipt of notice referred to in
sub-section (1), the Union Nazim shall summon a session of Union Council within
three days,
if the Union Council is not already in session.
(3) Where the Union Council is already in session, the motion
referred to in sub-section (1) shall be taken up for deliberations immediately
on its
receipt in the Union Council.
[133][(4) If the motion referred to in sub-section (1)
is approved by two-third majority of the votes of its total membership, through
a secret
ballot to be conducted by the Returning Officer nominated by the Chief
Election Commissioner, the Naib Union Nazim shall cease to
hold office
forthwith on approval of the motion by the Union Council.]
(5) Where the motion fails in the Union Council,
the proposer and seconder of such motion shall lose their seats as members of
the Union
Council.
(6) The [134][Chief
Election Commissioner] shall notify the result of the approval of the motion by
the Union Council.
(7) The Naib Union Nazim shall have the right to [135][address the Union Council] in his
defence.
(8) No motion for recall of Naib Union Nazim shall be moved during the
first year of assumption of office of Naib Union Nazim nor shall such motion be repeated before
the expiry of one year from the rejection of previous motion.
[136][(9) Where
the motion against Naib Union Nazim is approved under sub-section (4), the
Union Nazim shall cause the election of officiating
Naib Union Nazim within ten
days from the date of approval of the motion.]
CHAPTER IX
VILLAGE AND
NEIGHBOURHOOD COUNCILS
93. Declaration of Village and
Neighbourhood Councils.– [137][Upon]
a proposal of the Tehsil Municipal Administration or Town Municipal
Administration, as the case may be,–
(i) the
Tehsil Council may determine and declare by notification a Village or a
Neighbourhood in urban areas in the tehsil, to have
a Village Council or, as
the case may be, Neighbourhood Council, and number of members to be elected for
such Councils; and
(ii) the Town Council may determine and declare by
notification a Neighbourhood or a Village in the rural areas in the town, to
have
a Neighbourhood Council or, as the case may be, Village Council, and
number of members to be elected for such Councils.
94. Composition of Village Council
and Neighbourhood Council.– (1) The number of members of Village Council
and Neighbourhood Council shall be five to eleven members each:
Provided
that for each Council one seat shall be reserved for women and one seat for
peasants and workers.
(2) The Village Council and Neighbourhood Council
shall each be headed by a Chairman who shall be the person securing highest
number
of votes in the election of Village Council or, as the case may be,
Neighbourhood Council.
(3) The Union Nazim shall
allocate the work relating to the Village Councils and Neighbourhood Councils
in the
(4) Every Village Council and Neighbourhood
Council shall be a body corporate.
95. Election of Village Council
and Neighbourhood Council.– (1) The Tehsil Municipal Administration and
Town Municipal Administration [138][may]
after declaration of Villages and Neighbourhoods conduct the elections of
Village Councils and Neighbourhood Councils as may
be prescribed.
(2) District Government shall facilitate and provide necessary support
to the Tehsil Municipal Administration and Town Municipal Administration
in the
elections of Village and Neighbourhood Councils.
(3) Where a Tehsil Council or Town Council does not make declaration
referred to in section 93 or where a Tehsil Municipal Administration
or, as the
case may be, Town Municipal Administration fails to conduct elections of
Village Councils or Neighbourhood Councils
within ninety days referred to in
sub-section (1), the District Government [139][may] make such declaration or, as the case may
be, conduct the elections of the Village Councils and Neighbourhood Councils
within
thirty days from the declaration made by it.
(4) The vacancies of the members of the Village
Council or, as the case may be, Neighbourhood Council referred to in section 93
shall
be filled in by the persons securing highest number of votes.
(5) The term of office of the Village Council and
Neighbourhood Council shall correspond to the term of office of the Union
Council
concerned provided that the Village Council and Neighbourhood Council
shall continue in office until replaced by a new Village Council
or a
Neighbourhood Council, as the case may be.
96. Functions of Village Council
and Neighbourhood Council.– (1) The functions of the Village and
Neighbourhood Councils shall be to–
(a) develop and improve water supply sources;
(b) make arrangements for sanitation, cleanliness
and disposal of garbage and carcasses;
(c) develop sites for drinking and bathing of
cattle;
(d) take measures to prevent contamination of
water;
(e) prevent and abate nuisances in public ways,
public streets and public places;
(f) organise watch and ward in the Village and
Neighbourhood through unarmed Village or Neighbourhood guards;
(g) organise Village and Neighbourhood sports
teams, cultural, and recreational activities;
(h) mobilise voluntary resources, including
physical labour, property and cash contributions for municipal activities in
the Village
and Neighbourhood;
(i) facilitate the formation of co-operatives for
improving economic returns and reduction of interstitial poverty and consumer
protection;
(j) report cases of handicapped, destitute, and
of extreme poverty to the Union Administration;
(k) mobilise the community involvement in
maintenance of public streets, play grounds, parks, culverts and public buildings,
de-silting
of canals and watercourses; and
(l) promote plantation of trees, landscaping and
beautification of the Village and Neighbourhood.
(2) The Village Council
and Neighbourhood Council shall assist Union Administration in–
(a) conducting surveys in the Village and
Neighbourhood and collecting socio-economic data;
(b) selecting sites for providing municipal
facilities and services to the Village or Neighbourhood;
(c) identifying encroachments;
(d) managing
burial places and cremation grounds of the village;
(e) managing and lighting of Village or
Neighbourhood roads, streets, and paths; and
(f) collecting land revenue and other taxes.
(3) A Village Council or
Neighbourhood Council may, subject to such terms and conditions as may be
mutually agreed, entrust any of its
functions to the Union Administration:
Provided
that responsibility for discharge of such functions shall continue to vest with
the Village Council or, as the case may
be, Neighbourhood Council:
Provided
further that no function or responsibility shall be transferred without
allocation of corresponding resources and funds.
97. Village Council and
Neighbourhood Council to develop facilities.– (1) The Village Council and
Neighbourhood Council may, with funds raised through voluntary contributions or
on self help basis,
develop and maintain municipal and community welfare
facilities.
(2) Village Council and
Neighbourhood Council shall facilitate creation of the Citizen Community Boards
for development and maintenance
of municipal and community welfare facilities.
[140][98. Composition
of Citizen Community Board.– (1) In every local area, groups of non elected
citizens may, through voluntary, proactive and self help initiatives, set up
any
number of Citizen Community Boards. Such Citizen Community Boards shall be
set up for the purposes of, inter alia, energizing the community for
development and improvement in service delivery, development and management of
a new or existing
public facility, identification of development and municipal
needs, mobilization of stakeholders for community involvement in the
improvement and maintenance of facilities, welfare of the handicapped,
destitute, widows and families in extreme poverty, establishment
of farming, marketing
and consumers cooperatives and reinforcing the capacity of a special Monitoring
Committee at the behest of
the concerned Council; provided that grants shall be
available subject to the provisions of section 119.
(2) Notwithstanding
anything to the contrary contained in sub-section (1), no person shall be
eligible to set up a Citizen Community
Board or become its member or hold the
office of the Chairman or Secretary of the Citizen Community Board, if such
person-
(a) is a minor; or
(b) is of unsound mind; or
(c) has applied to be adjudicated as an insolvent
and his application is pending; or
(d) is an undischarged insolvent; or
(e) is a defaulter under law and his name has been
published as such.
(3) In carrying out its purposes, a Citizen Community
Board may interact with voluntary organizations for community welfare.
(4) The Citizen Community
Board shall be registered with the registration authority and shall carry on
its functions and activities
in such manner and subject to such rules as may be
prescribed.
(5) The Citizen Community Board shall have a
general body of its members who shall elect a Chairman, Executive Committee and
a Secretary
of the Board for carrying out its functions.
(6) The term of office of the Chairman, members of
the Executive Committee and Secretary of the Citizen Community Board shall be
two
years extendable through election for a similar term or terms by the
general body.
(7) The liability of the Executive Committee of a
Citizen Community Board, its officers and members shall be as prescribed.]
99. Conduct of Business.– (1)
All business of the Citizen Community Board shall be disposed of in its
meetings which shall be presided over by the Chairman.
(2) The Executive Committee of the Citizen
Community Board shall hold its meetings at least once in every three months.
(3) The quorum of the meetings of the Executive
Committee of the Citizen
Community Board shall be forty per centum of the total membership of the
Executive Committee.
(4) The quorum of the meetings of the general body
of the Citizen Community Board shall be one fourth of its total membership.
(5) The Secretary of the Citizen Community Board
shall be responsible for recording the proceedings of the meetings and
maintaining
financial and accounting record.
[141][(6) The Secretary shall present the annual
statement of accounts in the annual meeting of the Citizen Community Board and
after its
approval the statement shall be submitted to the registration
authority or, such other authority as may be prescribed, within thirty
days or
such other time period specified in this behalf.]
(7) The Citizen Community Board may, in its
general meeting, remove any office bearer or member by a resolution on account
of unsatisfactory
performance or misconduct.
(8) The Chairman and Secretary shall be responsible for safe custody and
management of property and assets of the Citizen Community Board.
(9) All funds of the Citizen Community Board shall
be kept in a bank or post office and all transactions shall be made through cheques.
(10) The
accounts of the Citizen Community Board shall be operated jointly by the Chairman and the Secretary.
(11) The accounts of the Citizen Community
Board shall be maintained by the Secretary.
100. Raising of funds by Citizen
Community Board.– (1) Citizen Community Board may raise
funds through voluntary contributions, gifts, donations, grants and endowments
for its declared
purposes without compromising the larger interest of the
community.
(2) A Citizen Community Board may also receive
project-based cost sharing support from any local government in accordance with
the provisions
of this Ordinance.
[142][101. Citizen
Community Board to be a non-profit organization.– (1) The Citizen Community Board shall be a non-profit organization and its
income and assets shall be used solely for the attainment of its
objectives.
(2) The properties and
income of a Citizen Community Board shall vest, and be held, in the name of its
Executive Committee and shall
sue and be sued in the name of its Executive
Committee. No portion of its income shall be paid by way of salary, dividend,
profit
or bonus or otherwise be distributed to any of its members or
contributors.
(3) If a Citizen Community Board is not carrying
on its functions and activities in accordance with this Ordinance, the
registration
authority may appoint an administrator, with such powers and
functions as the registration authority deems appropriate for running
its
affairs, taking over its assets, dissolving it, holding fresh elections or for
the disposal of any other matter.
(4) Where a local government has contributed towards creation of any
assets or funds of a Citizen Community Board, in case of dissolution
or
de-registration, its assets shall pass on to such local government and the
assets shall continue to be used for community welfare
by the local government
through any of its agencies or any other Citizen Community Board designated by
such local government in
this behalf.
(5) The accounts of the Citizen Community Board
shall be subject to audit as may be prescribed.]
CHAPTER XI
MUSALIHAT ANJUMAN
102. Constitution of Musalihat Anjuman.– (1) In each Union, a Musalihat Anjuman shall be
constituted consisting of a panel of three Musaleheen (Conciliators) one of
whom
shall be its Convener, to be selected by the Insaf Committee of the Union
Council, within thirty days after its election, from amongst
the residents of
the Union who are publicly known to be persons of integrity, good judgment and
command respect:
Provided that the Union
Nazim, Naib Union Nazim or the members of the Union Council may not be
appointed as Musaleheen (Conciliators).
(2) Any casual vacancy in the panel of Musaleheen
(Conciliators) shall be filled in by the Insaf Committee, as soon as
practicable.
(3) The Musaleheen
(Conciliators) shall be selected for the term of the Union Council or until
replaced earlier:
Provided that Musaleheen (Conciliators) shall be eligible for
re-selection.
(4) Where in the opinion of the Insaf Committee, a
Musleh (Conciliator) is accused of consistent partiality and malpractices in
performance
of his functions, the Insaf Committee may, subject to notice to
show cause, remove such Musleh (Conciliator) and select another
Musleh
(Conciliator) in his place.
103. Encouragement
for amicable settlement of disputes.– (1) The Union Nazim, members of the
Insaf Committee and Musaleheen (Conciliators) shall use their good offices to
achieve the amicable
settlement of disputes amongst the people in the
Provided
that such settlement shall be carried out in such cases where all the parties
to the dispute agree thereto and no fee shall
be charged for such settlement [143][:]
[144][Provided
further that in bringing parties to a dispute to an amicable settlement,
Musalihat Anjuman shall have regard to the provisions
of section 345 of the
Code of Criminal Procedure, 1898 (Act V of 1898), Hadood laws and all other
laws for the time being in force
whereunder certain offences are not
compoundable:
Provided
further that every settlement brought by Musalihat Anjuman in a case pending
before a court shall be subject to the approval
of such court.]
Explanation.– For the
purpose of this section, the expression ‘dispute’ relates to disputes amongst
the individuals, whether of civil or criminal
nature.
104. Courts
may refer cases to Musalihat Anjuman.– (1) Any court of competent
jurisdiction may, in a case where it deems appropriate, refer a matter to the
Musalihat Anjuman through
the Union Nazim for settlement.
(2) The court making a reference to Musalihat
Anjuman for settlement of a dispute under sub-section (1) may lay down the
procedure for
summoning the parties to the dispute, the terms of reference, the
period during which settlement is to be made, the manner in which
report of the
settlement is to be submitted and such other matters as it may deem appropriate
for resolution of the dispute.
(3) Where on a reference made by the court under
sub-section (1), the dispute is settled between the parties, the court may make
such
settlement as a Rule of the Court.
(4) The Musalihat Anjuman shall inform the court
if the dispute is not settled within the time fixed by the court or, may ask
for extension
in time for settlement of the dispute.
105. Appointment
of Musleh (Conciliator) for individual cases.– Where in a dispute the
parties request for appointment of a person other than the Musaleheen
(Conciliators) in the panel referred
to in section 102 in a particular case as
a Musleh (Conciliator), the Union Nazim may, in consultation with the Insaf
Committee,
appoint such person as Musleh (Conciliator) for that case.
106. Procedure
of settlement of disputes.– (1) The Convener of the Musalihat Anjuman
selected under section 102 shall–
(a) convene
meetings of the Musalihat Anjuman as necessary and at such place or places in
the union as he considers appropriate; and
(b) conduct the proceedings in an informal manner
as he considers appropriate with the object to bring an amicable settlement
between
the parties.
(2) No legal practitioner
shall be permitted to take part in the proceedings on behalf of any party.
(3) The report of the Musaleheen (Conciliators)
shall be recorded in writing and copies thereof shall be provided to the
parties attested
by the Secretary of the
[145][CHAPTER
XII
LOCAL GOVERNMENT FINANCE
107. Establishment of local government Funds and
Public Accounts.– (1) There shall be established a District Fund, a Tehsil
Local Fund, a Town Local Fund and a Union Local Fund, as the case may be,
for
each respective local government.
(2) Revenues received by a local government shall
form part of the respective Local Government Fund and shall include–
(a) monies transferred by another local government
under this Ordinance.
(b) grants made to or monies received by a local
government from the Government or other sources;
(c) the proceeds of taxes or charges levied by a
local government under this Ordinance;
(d) rents and profits payable or accruing to a
local government from immovable property vested in or controlled or managed by
it;
(e) proceeds
or any other profits from bank accounts, investments or commercial enterprises
of a local government;
(f) gifts, grants or contributions to a local
government by individuals or institutions;
(g) income accruing from markets or fairs
regulated by a local government;
(h) fines paid with respect to offences under this
Ordinance or bye-laws, or under any other law for the time being in force in
which
provision is made for the fines to be credited to the Funds established
under this Ordinance;
(i) proceeds from other sources of income which
are placed at the disposal of a local government under directions of the
Government;
and
(j) all monies transferred to a local government
by the Government;
(3) All
other monies including–
(a) receipts accruing from trusts administered or
managed by a local government;
(b) refundable deposits received by a local
government; and
(c) deferred liabilities,
shall be credited to the Public
Account of the respective local government.
108. Custody of Funds.– Monies credited to a
Local Government Fund or a Public Account shall be kept in the State Bank,
government treasury, a post office
or a bank in such manner as shall be
specified by the Government from time to time and shall be operated through the
Accounts [146][Official]
specified under section 114 of the concerned local government.
109. Application of Funds.– (1) The monies
credited to a Fund shall be expended by local government in accordance with the
annual budget and Supplementary
Budget approved by its Council.
(2) A local government may transfer approved
budgeted amounts to any local government, Village Council or Neighborhood
Council or Citizen
Community Board, within its local area, for expenditure for
the purpose of carrying out a project service or activity transferred
to, or
managed by, the recipient local government, Village Council, Neighborhood
Council or Citizen Community Board.
(3) No local government shall transfer monies to a higher level of
Government except by way of repayment of debts contracted before the
coming
into force of this Ordinance or for carrying out deposit works.
(4) The application of Local Government Funds
shall, as provided by a Council, be subject to budgetary constraints by ratio
to be prescribed
for development works and expenditure on establishment:
Provided
that the schedule of establishment shall be maintained by the local governments
as may be prescribed.
(5) The development budget shall be prioritized in
accordance with the bottom up planning system as laid down in section 119:
Provided
that–
(a) not less than twenty five percent of the
development budget shall be set apart for utilization in accordance with the provisions
of section 119; and
(b) the amount referred to in clause (a) which
remains unspent shall be credited under the same head in the following year’s
budget
in addition to the fresh allocation under the said clause for that year.
(6) Where a new local government is to take over
during a financial year as a result of fresh elections, the outgoing local
government
shall not spend funds or make commitments for any expenditure, under
any Demand for Grant or Appropriation, in excess of eight percent
per mensum of
the budgeted funds for the remainder of its term in office in that financial
year.
(7) In every budget a provision may be made for
payment of performance incentive bonuses as prescribed.
[147][(8) Expenditure
from the Fund of a local government on a new post or filling of existing vacant
post or total establishment expenditures,
as the case may be, in a financial
year shall not increase more than ten percent in total from the actual
establishment expenditures
of the previous year:
Provided
that this sub-section shall not apply to a general salary increase of existing
schedule of establishment prescribed by
the Government.]
110. Charged Expenditure.– The following
expenditure shall be treated as Charged Expenditure:
(a) in relation to District Fund-
(i) the budget of the Zila Council;
(ii) any sum to satisfy any judgment, decree or
award against a local government by any Court or Tribunal;
(iii) all sums to be paid in connection with the
administration of the functions of the Zila Mohtasib; and
(iv) interest payments;
(b) in relation to Tehsil Fund, Town Fund or Union Fund-
(i) the budget of the Tehsil Council or Town
Council or, as the case may be, the Union Council;
(ii) any sum to satisfy any judgment, decree or
award against a local government by any Court or Tribunal; and
(iii) interest payments:
Provided
that any other expenditure may be prescribed as Charged Expenditure.
[148][111. Budget Preparation.– (1) The annual budget for each local
government shall contain estimates of–
(a) grants-in-aid from the Government;
(b) amounts available in the respective Fund;
(c) receipts for the next year; and
(d) expenditures to be incurred for the next year.
(2) To enable the budget preparation by local governments the
Government shall, sufficiently before the beginning of each financial year,
notify the provisional shares which may be credited to the Fund of a local
government from the Provincial Allocable Amount.
(3) Each District Government, Tehsil Municipal Administration or Town
Municipal Administration and Union Administration shall reappropriate
budgetary
provisions in accordance with the reappropriation powers delegated to them by
the respective Council:
Provided that at the end of
a financial year a full statement of all re-appropriations made shall be
submitted to the Council.
(4) No demand for a grant shall be made except on the recommendations
of the Nazim.
(5) Conditional grants from the provincial
retained amount shall be shown separately in the budget and shall be governed
by conditions
agreed therein.
(6) Before the commencement of a financial year each local government
shall, for its Fund, prepare in the prescribed manner, a budget
for that year,
in conformity with the provisions of section 119.]
[149][(7) The
budget document shall be prepared in accordance with the Chart of
Classification of Accounts notified by the Auditor-General
from time to time.]
[150][112. Approval of budget.– (1) Following the
presentation of the provincial budget, but before the commencement of the next
financial year, each Nazim shall,
present the budget for approval by the
respective Council before the beginning of such financial year:
Provided
that the charged expenditure may be discussed but shall not be voted upon by
the Council.
(2) When a local government assumes office for the
first time, it may within ten weeks, present to the respective Council, a
budget
for the remaining part of the financial year for approval.
(3) The budget .of a local government shall be
approved by simple majority of the total membership of the respective Council [151][:]
[152][Provided that the Government may
review approved budget of a local government and, if found contrary to the
budget rules, may require
the concerned local government to rectify it.]
(4) A budget shall not be approved if–
(a) the sums required to meet estimated
expenditures exceed the estimated receipts; and
(b) the constraints specified in section 119 have
not been complied with.
(5) No other business shall be taken up by a
Council during the budget session.
(6) In case a budget is not approved by a Council
before the commencement of the financial year to which it relates, the
concerned local
government shall spend money under various heads in accordance
with the budgetary provisions of the preceding financial year for
a period not
exceeding thirty days on pro-rata basis:
Provided
that a local government shall not spend funds or make commitments for any
expenditure, under any demand for grant or appropriation,
in excess of eight
percent of the amount budgeted in the preceding year within thirty days.
(7) In case the budget is not passed within the
extended period as specified in sub-section (6), the budget shall be prepared,
approved
and authenticated by the Government for the full year.
(8) After approval by the Council, the respective
Nazim shall authenticate by his signature a Schedule specifying the–
(a) grants
made or deemed to have been made by the District Council, Tehsil Council, Town
Council or Union Council; and
(b) the
several sums required to meet the expenditure charged upon the District Fund,
Tehsil Fund, Town Fund or Union Fund.
(9) The Schedule so authenticated shall be laid
before the Council, but shall not be open to discussion or vote thereon.
(10) The
Schedule so authenticated shall be communicated to the respective Accounts
Officials as specified in section 114 of this Ordinance.
(11) At
any time before the expiry of the financial year to which a budget relates, a
revised budget for the year shall be prepared by
a local government and approved
by its Council.]
113. Honoraria and allowances.– Each local
government may make budgetary provisions for honoraria and allowances of the
Nazims, Naib Nazims and members of the
Council concerned.
[153][114. Accounts.–
(1) The accounts of the receipts and expenditure of local government shall be
kept in such form and in accordance with such principles
and methods as the
Auditor General of Pakistan may, with the approval of the President, prescribe:
Provided
that the accounts of Receipts and Expenditure of Tehsil Municipal
Administration or Town Municipal Administration and Union
Administration shall
be kept in such form and in accordance with such principles and methods as may
be prescribed [154][for
such period as may be determined] by the Auditor General of Pakistan.
(2) The following arrangement for maintaining of
accounts shall be followed:-
(a) the District Accounts Officer (or a Treasury
Officer where a District Accounts Office does not exist) shall maintain the
accounts
of each District Government;
(b) the
Tehsil Accounts Officer or Town Accounts Officer and Union Accountant shall
maintain the accounts of the Tehsil Municipal Administration
or Town Municipal
Administration or the Union Administration, as the case may be; and
(c) the District Accounts Officer, Tehsil Accounts
Officer or Town Accounts Officer and the Union Accountant shall perform
pre-audit
of all payments from the Funds of the District, Tehsil or Town and
Union, as the case may be, before approving the. disbursements
of monies.
(3) The accounts of the Tehsil Municipal
Administration, Town Municipal Administration and Union Administration shall be
maintained
in the prescribed manner.
(4) The
District Accounts Officer shall consolidate the district accounts with the
compiled accounts of the Tehsil Accounts Office or
Town Accounts Office and
Union Accounts Office, as may be prescribed.
(5) A statement of monthly and annual accounts and
such other necessary statements shall be placed at a conspicuous place by the
local
government concerned for public inspection.
(6) The respective Accounts Committees of the
Councils shall hold public hearings in which–
(a) objections to statement of accounts referred
to in [155][sub-section
(5)] above may be heard and, if required, appropriate action may be taken; and
(b) internal and external Audit Reports shall be
discussed for appropriate action.]
[156][115. Audit.– (1) The Auditor General of
Pakistan shall, on the basis of such audit as he may consider appropriate or
necessary, certify the accounts
compiled and prepared by the respective
Accounts Official of the local government for each financial year, showing
under the respective
heads the annual receipts and disbursements for the
purposes of each local government and shall submit the certified accounts with
such notes, comments or recommendations, as he may consider necessary, to the
respective Nazim:
Provided that
the audit of Tehsil Municipal Administration or Town Municipal Administration
and Union Administration shall be conducted
by the local Fund Audit Department,
in the prescribed manner, [157][for
such period as may be determined] by the Auditor General of Pakistan.
(2) The Nazim shall cause the Audit Report to be
submitted to the respective Council and the Council shall refer it for
examination
to its Accounts Committee.
(3) The
Auditor General in the case of District Government and Director Local Fund
Audit in the case of Tehsil Municipal Administration,
Town Municipal
Administration and Union Administration, as the case may be, shall have
authority to audit and report on the accounts
of stores and stock kept in any
office of a local government.
(4) The Auditor General in the case of District
Government and Director Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal Administration
and Union Administration, as the case may be, shall–
(a) audit all expenditure from the local
government fund to ascertain whether the monies shown in the accounts as having
been disbursed
were legally available for, and applicable to, the service or
purpose to which they have been applied or charged and whether the
expenditure
conforms to the authority which governs it;
(b) audit all transactions of a local government relating to Public Accounts;
(c) audit all trading, manufacturing, profit and
loss accounts of a local
government; and
(d) audit all receipts which are payable into a
local government fund and to satisfy himself that all such receipts which are
payable
into a local government fund have been properly and correctly deposited
and rules and procedures relating to such receipts have
been fully observed.
(5) The Auditor General in the case of District Government and Director
Local Fund Audit in the case of Tehsil
Municipal Administration or Town Municipal Administration and Union Administration,
as the case may be, shall have the authority
to–
(a) inspect any office of accounts, under the control of a local government including treasuries, and such offices
responsible for the keeping of initial
or subsidiary accounts;
(b) require that any accounts, books, papers and
other documents which deal with, or form the basis of, or otherwise relevant to the transactions to which his
duties in respect of audit
extend, shall be sent to such place as he may direct for his inspection; and
(c) enquire or make such observations as he may
consider necessary, and to call for such information as he may require for the
purpose
of the audit.
(6) The officials shall afford all facilities and
provide record for audit inspection and comply with requests for information,
in as
complete a form as possible and with all reasonable expedition.
(7) Upon request of a Nazim, the Auditor General in the case of District Government and Director
Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal
Administration
and Union Administration, as the case may be, shall cause a
special audit of the accounts of that
local government to be undertaken and shall forward his report to the Nazim who
shall cause the same to be submitted to respective
Council for necessary
action.
(8) The Auditor General in the case of District
Government and Director Local Fund Audit in the case of Tehsil Municipal
Administration
or Town Municipal Administration and Union Administration, as
the case may be, shall have access to all the books and documents
pertaining to
the accounts and may also examine any public servant or premises of the local
government concerned.
(9) The
Auditor General in the case of District Government and Director Local Fund
Audit in the case of Tehsil Municipal Administration
or Town Municipal
Administration and Union Administration, as the case may be, shall perform
functions and exercise power in relation
to audit of the accounts of the
companies, authorities, bodies or corporations owned or managed by a local
government.]
[158][(10) Notwithstanding
anything contained in sub-sections (3), (4), (5), (7), (8) and (9), the
Auditor-General may, by notification in
the official Gazette, direct the Local
Fund Audit Department, including the Director Local Fund Audit, to stop the
audit of Tehsil,
Town and Union Administration, whereafter only the
Auditor-General of Pakistan shall audit such accounts.]
[159][115-A. * * * * * * * * * * * *]
[160][115-A]. Internal
audit.– (1) Nazim of each
District Government and Tehsil Municipal Administration or Town Municipal
Administration [161][shall] appoint an Internal Auditor [162][as may be prescribed].
(2) Internal audit shall
be an independent, objective assurance and consulting activity designed to add
value and improve the operations
of local government, and shall help the local
government to accomplish the objectives by bringing a systematic and
disciplined
approach to evaluate and improve the effectiveness of risk
management, control and governance processes.
(3) The Internal Auditor shall serve as a
principal support person to respective Nazim of District Government or, Tehsil
Municipal Administration
or, Town Municipal Administration by providing
information to him and members of the respective Council on local government
performance.
[163][116. Taxes
to be levied.– (1) A Council may levy taxes, cesses, fees, rates, rents,
tolls, charge, surcharge and levies specified in the Second Schedule:
Provided
that the Government shall vet the tax proposal prior to the approval by the
concerned Council:
Provided
further that the proposal shall be vetted within thirty days from the date of
receipt of the proposal failing which it
would deemed to have been vetted by
the Government.
(2) No tax shall be levied without previous
publication of the tax proposal and after inviting and hearing public
objections.
(3) A Council may, subject to provisos of
sub-section (1), increase, reduce, suspend, abolish or exempt any tax.]
[164][117. Rating
Areas and Property Tax.– (1) On
commencement. of this Ordinance, every tehsil and town shall be rating areas
within the meaning of the Punjab Urban Immovable
Property Tax Act, 1958 (V of
1958).
(2) The Tehsil Council or Town Council, as the
case may be, shall subject to the provisions of section 116, determine the rate
of property
tax in an area within the tehsil or town:
Provided
that in the areas within a tehsil or town where rate has not been determined,
the rate shall remain as zero.
(3) Unless varied under sub-section (2), the
existing rates in the areas within a tehsil or town shall remain in force.
Explanation:
For the purpose of this section the “rate” shall mean the tax leviable under
the Punjab Urban Immovable Property Tax
Act, 1958 (V of 1958).]
[165][118. Collection
of taxes.– (1) All taxes levied under this Ordinance shall be collected, as
prescribed [166][.]
[167][* * * * * * * * * * * * *]
(2) Failure to pay any tax and other money
claimable under this Ordinance shall be an offence and the arrears shall be
recovered as
arrears of land revenue.]
118-A. Distribution of cattle mandi fee.– In
the City District, the proceeds from the cattle mandi fee shall be distributed
in the following manner:-
(i) Town where the cattle mandi is established 25%
(ii) All
towns including the town where cattle mandi is established. 75%
119. Bottom up planning and the ownership incentive
system.– (1) Before the beginning of the financial year the respective
local government shall lay down and announce the classification
of development
schemes to be undertaken exclusively under the provisions of this section.
(2) A local government may grant to the Citizen
Community Boards within its local areas, up to eighty percent of the budgeted
amount
of an approved development scheme in the manner prescribed:
Provided that a scheme shall be deemed to
be an approved scheme if–
(a) the prescribed departmental procedure for
estimating the cost of the scheme has been followed;
(b) the estimating officer certifies that the
scheme meets the requirements laid down by law;
(c) the Citizen Community Board has deposited its
share of the cost of the development scheme with the concerned local
government; and
(d) the complete departmental estimates and the
proof of deposit of the contribution of Citizen Community Board are attached.
(3) The grant referred to in sub-section (2) shall
be spent from the reserved twenty five percent of the annual development budget
as
provided in section 109.
(4) A cut off date for submission of all schemes
proposed by the Citizen Community Boards shall be announced by the local
government
concerned before the presentation of its budget.
[168][(5) The
respective local government shall authorize an official to draw up a statement
specifying the schemes submitted by the cut off
date specified in sub-section
(4) by classification including the total amount of contributions for a
particular classification
of schemes.]
(6) A
second statement shall determine contributions for a particular classification
of schemes as a ratio of the total contributions
for all schemes submitted with
a particular local government for that year and the statement shall be used to
determine amounts
of allocations for a classification of schemes from the
budget reserved for the purpose.
(7) A third statement shall be drawn up which shall identify the number
of schemes submitted in a particular classification, beginning
with the scheme
containing the highest contribution by the Citizen Community Board in a
classification until all the schemes in
the classification are selected or the
funds allocated for that particular classification in the amount determined in
sub section
(6) are exhausted.
(8) The twenty five percent funds for Citizen
Community Boards under section 109 shall be communicated to the authorized
officer under
sub section (5) by the Executive District Officer (Finance and
Planning) for a District Government and the Tehsil Officer or Town
Officer
(Finance) for a Tehsil Municipal Administration or Town Municipal
Administration, as the case may be, and a Union Secretary,
in-charge of
finance, for a Union Administration.
[169][(9) The
identified schemes shall be included in the budget before submission to the
concerned Council.]
(10) The
statement referred to in sub-section (7) shall be approved by a simple majority
of the members of the respective Council, in
a budget session to be held by the
respective Council.
(11) The
schemes approved by the respective Councils shall be carried out as prescribed.
[170][(12) Subject
to sub-section (10), the Accounts Official of the respective local government
shall release funds in the prescribed manner
in accordance with the schedule of
expenditure.]
120. Local governments not to incur debt.– (1)
No local government shall incur any debt.
(2) Surplus funds of local governments may be
invested in accordance with the policy of the Government.]
[171][CHAPTER
XII-A
PROVINCIAL
FINANCE COMMISSION
AND FISCAL TRANSFERS
120-A. Establishment of Provincial Finance
Commission.– On coming into force of this
Chapter, the Governor of the
[172][120-B. Membership.– (1) The Finance Commission
shall consist of ten members including the Chairman, as under:-
(a) four members shall be ex-officio, namely–
(i) the Minister for Finance of the Province, who
shall be the Chairman of the Finance Commission, and in his absence for
whatsoever
reasons, the members may elect one of the members present to be
Chairman in the manner prescribed for the duration of his absence;
(ii) the Secretary to Government, Local Government
and Rural Development Department;
(iii) the Secretary to Government, Finance
Department (as Member/Secretary); and
(iv) the Secretary to Government, Planning and
Development Department;
(b) three professional members from the private
sector to be appointed in the manner stated in the Seventh Schedule; and
(c) one Zila Nazim, one Tehsil Nazim or Town Nazim
and one Union Nazim.
Explanation: For the purposes of this
Chapter “private sector person” means a person who is not in the service of
(2) The Finance Department shall act as the
Secretariat of the Provincial Finance Commission.
(3) The term, remuneration and other terms and
conditions of service of the professional members of the Finance Commission
shall be
as provided in the Seventh Schedule; provided that the term of office
and other terms and conditions of service of a member shall
not be altered to
his prejudice during his term of office.
(4) The professional members of the Finance
Commission shall be appointed by the Governor in such a manner that there is
approximate
equivalence in their number from amongst experts in economics,
finance and public administration, each possessing a post graduate
degree,
preferably a doctorate in a related subject, and having at least ten years
practical experience in a related field.
(5) No proceedings or act of the Finance
Commission shall be invalid merely on the ground of existence of a vacancy
other than that
of a professional member in or defect in the composition of the
Finance Commission.
(6) A professional member shall be removed in the
prescribed manner.]
120-C. Eligibility for further appointment.– A professional member shall be eligible to be
reappointed for another term but shall not, in any case, be eligible for
appointment
in the service of
[173][120-D. Functions, duties and powers of the Finance
Commission.– (1) The functions, duties and powers of the Finance Commission
shall be to make recommendations to the Governor for–
(a) a formula for distribution of resources including–
(i) distribution between the Government and the
local governments out of the proceeds of the Provincial Consolidated Fund into
a Provincial
Retained Amount and a Provincial Allocable Amount, respectively:
Provided
that in no case shall the Provincial Allocable Amount be so determined that it
is less than the funds transferred to local
governments in the financial year
2001-2002 and the establishment charges budgeted for the functions of local
governments in the
same year excluding transfers in lieu of Octroi and Zila
Tax:
Provided
further that all the monies received by the Government in lieu of Octroi and
Zila Tax shall be added to the Provincial
Allocable Amount separately; and
(ii) distribution of the Provincial Allocable
Amount amongst the District Governments, Tehsil Municipal Administrations and
Town Municipal
Administrations and the Union Administrations as shares;
(b) the making of grants-in-aid by the Government
to the local governments from the Provincial Retained Amount; and
(c) any other matter relating to finance for and of the local
government referred to the Finance Commission by the Governor, or the
Government, or by a local government.
(2) The recommendations shall be based on the
principles of fiscal need, fiscal capacity, fiscal effort and performance.
(3) Before finalization of the recommendations
under sub-section (1), the Finance Commission shall hold consultations with the
relevant
departments of the Government, local governments and, in the
discretion of the Finance Commission, with any other body or person,
and this
process may carry on during the currency of an Order made by the Governor under
sub-section (6).
(4) The Finance Commission shall forward the
provisional recommendations prepared under sub-section (1) to the Cabinet,
which shall
provide its views within two weeks failing which the Finance
Commission shall make its recommendations to the Governor.
(5) The Finance Commission may review the
recommendations on receiving the views of the Cabinet, if any, and on
finalization of its
recommendations shall forward them to the Governor.
(6) As
soon as may be, after receiving the recommendations of the Finance Commission,
the Governor shall by Order specify in accordance
with the recommendations of
the Finance Commission under clause (a) of sub-section (1), the Provincial
Retained Amount and the
Provincial Allocable Amount, and in turn the shares inter se of the local governments and
that share shall be paid directly to the local government concerned promptly in
accordance with the
laid down procedure:
Provided
that the Finance Commission may recommend an interim formula only for the
financial year 2002-2003.
(7) The Governor may, by Order, also make
grants-in-aid of the revenues of the local government in need of assistance and
such grants
shall be an additional accrued expenditure upon the Provincial
Consolidated Fund after deduction of Provincial Allocable Amount.]
[174][120-E. Certain institutional processes of the
Finance Commission.– (1) In every financial year, at least three months
before the finalization of the Provincial Budget, the Finance Commission shall
require the Finance Department to submit a statement of estimated revenues and
expenditures of the Government for the following
financial year and shall also
require a statement of the Provincial Allocable Amount and its distribution
prepared in the light
of the Order under section 120-D (6).
(2) The Finance Department shall provide the
Finance Commission with a statement of the Provincial Allocable Amount and its
distribution,
prepared in accordance with the Order made under section 120-D
(6), on approval of the Provincial Budget [175][:]
[176][Provided that the Provincial
Allocable Amount reflected in the annual Budget proposals of the Province shall
be in accordance with the Order specified
in sub-section (6) of section 120D.]
(3) The Finance Commission may cause any
information required for making assessments and decisions on fiscal transfers
to be placed
before it from any organization or office of the Government, or
local government.
(4) The Finance Commission shall take all
decisions by a majority of members present and voting:
Provided
that at least a majority of the professional members are present:
Provided
further that the Chairman shall have the casting vote.
(5) The Finance Commission shall present to the
Government and local governments an annual report on fiscal transfers and local
government
resources.
(6) The Government shall cause a copy of the
report to be laid before the Provincial Assembly and the local governments
shall cause
a copy of the report to be laid before the respective Councils.]
120-F. Formula and its application and revision.– (1) The Provincial Allocable Amount and shares of
the local governments shall be determined by the Order which shall be on the
basis of actual monthly receipts of the Government.
(2) The
Order shall remain in force for a period of three years.
(3) At
least six months before the expiry of the aforesaid period, the Finance Commission
shall recommend the formula for the next period,
in accordance with sub-section
(1) of section 120-D, on the basis of evaluation of impact of fiscal transfers
on the local governments
and other relevant matters.
(4) Any
evaluation similar to the objectives of sub-section (3) carried out by an
agency other than the Finance Commission may also
be taken into consideration
by the Finance Commission.
(5) In
case the recommendation is not finalized before the expiry of the Order under
section 120-D, the Order in force shall continue
to serve as the determinant of
the Provincial Allocable Amount and the shares of the local governments, as the
case may be, till
such time that a new Order is made.
120-G. Obtaining of data.– (1) The data required for the
formulation and application of the formula shall be obtained by the Finance
Commission from the Federal,
Provincial or local governments, and or from any
authority, corporation, body, or organization established by or under law or
which
is owned or controlled by any Government or in which any of the
governments has a controlling share or interest or any other source.
(2) The
Finance Commission may, where it deems appropriate, institute data collection
or recommend such data collection to any agency
and may also recommend to the
Government to bear the cost of such data collection.
120-H. Certification requirements for fiscal
transfers.– (1) The Finance Commission in
consultation with the Government shall determine the requirements for
certification of fiscal transfers.
(2) Certifications
under sub-section (1) shall, inter alia,
include the following:-
(a) Provincial Allocable Amount and its
calculation;
(b) Transfer of fund in accordance with determined
shares to the District Governments, Tehsil Municipal Administrations, Town
Municipal
Administrations and the Union Administrations in the Province;
(c) Transfer of funds in accordance with the
decisions of the Finance Commission on references made to it from time to time;
and
(d) Revenues and expenditures of the Government
and local governments.
(3) In
cases where the institutional processes of the Government or the local
governments generate data required for administration
of fiscal transfers, the
Finance Commission may recommend further requirements for certification.
(4) The
certification required by the Finance Commission shall be furnished to the
Finance Commission by the Government, local governments,
any relevant agency
connected with the Government or the Federal Government.
[177][120-I. Ensuring
flow of funds to local government.–
The Government and the local governments shall provide reports to the Finance
Commission in accordance with the timeframe and methodology
for the flow of
funds prescribed by the Finance Commission.]
120-J. Reference by Provincial Government or local
government to the Finance Commission.– The Government or a local government may seek redress of grievance
relating to any matter connected with fiscal transfers by the
Government
concerning itself or another local government by making a reference to the
Finance Commission along with the grounds
of such grievance whereupon the
Finance Commission may take a decision for the purpose of redress of grievance;
provided that the
decision so made shall not change the Order in force under
sub-section (6) of section 120-D or the shares of the local government.
120-K. Procedural powers of the Finance
Commission.– Nothing
contained in this Chapter shall be construed to impose limits on the powers of
the Finance Commission under any law for
the time being in force as regards
calling for any information relating to the fiscal transfer formula and
transfer of funds and
shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (V of 1908).
120-L. Monies to form part of composite cash
balance of the Province.– District Fund shall
form part of the composite cash balance of the Province only for the purpose of
calculating the over draft
requirement of the Province.
120-M. Transfer of Funds.– The Provincial Allocable Amount and shares of the
local governments shall be transferred on the basis of actual monthly receipts
of Government.
120-N. Operating procedure of the Finance
Commission.– The Finance Commission shall formulate its operating procedure
for the conduct of its business.]
[178][120-O. Rules of Business of the Finance Commission.–
Notwithstanding anything to the contrary contained in section 191 of this
Ordinance, Government shall, on the recommendation of
Finance Commission, make
Rules of Business of the Finance Commission.]
CHAPTER XIII
121. Ownership of immovable
property.– (1)
Subject to any reservations made, or any conditions imposed by the Government,
the property specified hereunder shall vest in
the respective local government
if it is–
(a) vested in a local government through succession as provided in
section 180;
(b) transferred to the local government by the Government or any other
authority, organisation or an individual; and
(c) constructed or acquired by a local government with its title.
(2) The properties of the
Government in possession of the local councils established under Punjab Local
Government Ordinance, 1979 (VI
of 1979) shall pass on to their successors as
provided in section 180 till varied by the Government.
(3) The successor local governments shall, subject
to policy of the Government or contractual obligations, make bye-laws for the
use,
development and management of the local government properties.
[179][(4) The Government shall not, except with the
prior consent of the local government concerned, reallocate or in any other
manner divest
title of properties vested in that local government under this
Ordinance.]
122. Transfer of Property by the
Government.– Subject
to such conditions as may be prescribed, the Government may, on its own accord
or on a request by a District Government,
transfer the management of ‘nazul
land’, ‘auqaf land’ or any other Government or public property to it for
administration as a
trustee.
123. Stock
taking by the Nazim (1) Every Zila Nazim, Tehsil Nazim, Town Nazim and
Union Nazim shall, on assumption of his office and thereafter, once in every
year on a date fixed by him, take the physical stock of movable and immovable
properties of the concerned local government and submit
a report to the
concerned Council.
(2) The report referred to in sub-section (1)
shall contain–
(a) particulars
of the properties held during the preceding year;
(b) total
value of the property, annual return therefrom and change in its value, if any;
(c) particulars
of unserviceable articles;
(d) particulars
of losses, if any; and
(e) proposals
for utilization, development and improvement during the following year.
124. Use and disposal of
properties of local governments.– (1) Properties of local governments shall be used only for public
purposes.
(2) Immovable properties of local governments
shall, subject to section 125, not be sold or permanently alienated:
Provided
that such properties may be given on lease through competitive bidding by
public auction [180][* * *] [181][:]
[182][Provided further that the
Government may constitute a Committee headed by Zila Nazim to identify
encroached or redundant properties
that may be sold in the prescribed manner
with the approval of the Government. The funds generated from the sale of such
properties
shall be kept in a separate account and be used only for development
purposes.]
(3) The movable property of a local government
which is required to be disposed of, shall be sold through competitive bidding
by public
auction.
(4) All articles declared unserviceable shall be
disposed of through competitive bidding by public auction.
125. Acquisition of immovable
property.– Whenever
any local government considers it necessary or expedient, it may acquire or
purchase any immovable property for public
purposes:
Provided
that in case of purchase of property, the agreement of purchase shall be in
writing:
Provided further that until the development authorities are
merged with any other department or authority of a local government,
the development
authorities decentralised to District Government, Tehsil Municipal
Administration and Town Municipal Administration
may acquire land for
development purposes and may sell or dispose of thereafter in accordance with
the existing laws and the rules
made thereunder.
126. Loss of property of local government.– In
case of any loss of property of the local government, the responsibility for
such loss shall be fixed by the concerned local
government and the amount of
the loss shall be recovered from the defaulting person and a report to this
effect shall forthwith
be submitted to the concerned council in the meeting
next following.
CHAPTER XIV
GOVERNMENT-LOCAL
GOVERNMENTS RELATIONS
127. Relations
of Government with the District Government.– (1) The District Government
shall carry out its decentralised functions in accordance with the provisions
of this Ordinance and
the rules made thereunder.
(2) The
District Government shall collect such Provincial tax or taxes within its local
area as the Government may direct and the District
Government shall after the
collection of such tax or taxes deposit the same in the relevant Government
account.
(3) The Government may provide guidelines and
render advice to the District Government through the concerned Zila Nazim for
achieving
the ends of Government policy and for promoting economic, social and
environmental security of the Province.
128. Directions
by Chief Executive of the Province.–
[183][(1) The Chief Executive of the
Province may, by himself or through any officer specifically authorized by him,
issue directives
in public interest to a [184][*]
Nazim for implementation.]
(2) Where the situation
demands immediate action and the [185][*]
Nazim fails to comply with the directions given to him under sub-section (1),
the Chief Executive of the Province may require
the Chief Secretary to direct
the [186][Provincial
Police Officer] and the District Coordination Officer concerned to take such
actions as the situation may necessitate
[187][:]
[188][Provided that
where a grave threat to law and order exists and requires immediate action and
the Zila Nazim wilfully abstains from
the district, the Government may
authorize, in writing, the Naib Zila Nazim or, where the Naib Zila Nazim is
also not available,
the senior most Presiding Officer of the Zila Council, to
act as officiating Zila Nazim:
Provided further that such authorization shall cease forthwith
upon the return of Zila Nazim to his office.]
[189][129. Suspension of a Nazim, etc.– (1)
Where, in the opinion of the Chief Executive of the Province, a Nazim is deliberately avoiding or abstaining
wilfully or failing to comply with the directions given by the Chief Executive
under section
128, he may suspend the Nazim for a period not exceeding ninety
days, for the reasons to be recorded and conveyed to the Nazim.
(2) During the period of suspension, the
Government shall cause, to be conducted, an enquiry by the Provincial Local
Government Commission
which shall provide an opportunity of personal hearing to
the suspended Nazim.
(3) The Provincial Local Government Commission
shall submit its report of the enquiry along with its recommendations which may
include
removal of the Nazim to the Chief Executive of the Province for
appropriate action in the light of such recommendations as he may
deem appropriate.
(4) In case no decision is taken within ninety
days from the date of suspension of the Nazim, he shall stand re-instated to
his office.
(5) During the period of
suspension of the Nazim, the Naib Nazim shall act as Nazim.]
130. Entrustment of certain
functions to District Government.– (1) The Government may require the District Government to perform any
specific task which requires funds beyond its budgetary provisions,
the
Government shall provide necessary resources.
(2) The District Government may, with the consent
of the Government, entrust any of its functions to the Government.
(3) The Government may, with the agreement of the
District Government, decentralise any of its offices other than the offices
decentralised
to the District Government under section 15 or entrust any of its
functions to the District Government.
(4) The Government shall provide technical and
administrative support and fiscal resources as may be determined by the
Government.
131. Provincial
Local Government Commission.– (1) The
Government shall appoint a Provincial Local Government Commission which shall
consist of persons of integrity and good track
record of public service. The
Commission shall consist of the following:
(a) a Chairman who shall be the Minister for Local Government;
(b) two members from the general public, one each nominated by the
leader of the House and leader of the Opposition of the Provincial
Assembly;
(c) two eminent, qualified and experienced technocrat members selected
by the Government; and
(d) Secretary, Local Government and Rural Development Department, shall
be ex-officio member and secretary of the Commission:
Provided that in case of equality of vote, the Chairman shall
have a casting vote.
(2) The Provincial Local Government Commission may,
for the performance of its functions, co-opt any official of the Government for
any specific assignment.
(3) The tenure of the [190][* * *] members of the Provincial
Local Government Commission, other than Secretary, Local Government Department,
shall be four
years.
(4) The Local Government Department shall provide secretarial support
to the Local Government Commission and the Department shall render
assistance
in the functioning of the Commission [191][by establishing a separate Secretariat of the
Commission with sections for each level of local government that is District,
Tehsil
and
(5) No act or proceedings of the Provincial Local
Government Commission shall be invalid by reason or existence of any vacancy or
defect
in the constitution of the Commission.
(6) The Government shall provide [192][a separate budget] for the
Provincial Local Government Commission in the annual budget.
[193][(7) The
Government shall notify the organogram and schedule of establishment of the
Provincial Local Government Commission.
(8) The Secretary of the Provincial Local
Government Commission shall be the Principal Accounting Officer and the
Commission shall have
its own Drawing and Disbursing Officer.
(9) The Provincial Departments shall aid and
assist the Provincial Local Government Commission in performance of its
functions.]
132. Functions of the Provincial
Local Government Commission.– [194][(1)] The functions of the
Provincial Local Government Commission shall be as provided in this Ordinance
and, in particular, it
shall–
(a) conduct annual and special inspections of the
local governments and submit reports to the Chief Executive of the Province;
(b) conduct, on its own initiative or, whenever,
so directed by the Chief Executive of the Province, an inquiry by itself or
through
District Government into any matter concerning a local government;
(c) cause, on its own initiative or, whenever, so
directed by the Chief Executive of the Province, a special audit by itself or
direct
a District Government to arrange a special audit, of any local
government;
(d) resolve
disputes between any Department of the Government and District Government or
between two District Governments:
Provided that
if the Local Government Commission fails to settle the dispute, the aggrieved
party may move the Chief Executive of
the Province for resolution thereof;
(e) enquire into the matters referred to it by the District
Coordination Officer under the provisions of sub-section (3) of section 28
and
by the Government under sub-section (4) of section 30 and give its decision
thereon or, as the case may be, submit report to
the competent authority; [195][*]
(f) submit to the Chief Executive of the Province
an annual report on the over-all performance of the district and tehsil level
local
governments [196][;]
[197][(g) take cognizance of violations of laws
and rules by a local government in performance of its functions;
(h) organize consultative
planning meetings of National and Provincial legislators, Zila, Tehsil or Town
Nazims of a district on a periodic
basis to provide their participation in
development activities of the district with regard to–
(i) the consultative process of the Annual
Development Plan of the district;
(ii) formulating procedure for utilization of the
legislators’ development grant;
(iii) assessing implementation of decision of these
meetings; and
(iv) carrying out review of development schemes;
and
(i) facilitate the performance of Provincial
departmental functions of the decentralized offices relating to policy
analysis, oversight,
checks and balances, capacity-building and coordination
through the Commission.]
[198][(2) The
directions and orders of the Provincial Local Government Commission arising out
of its inspections and inquiries under clauses
(a), (b) and (c) of sub-section (1),
shall be binding on the concerned local government failing which the Commission
shall report
the matter with specific recommendations to the Chief Executive of
the Province for decision and appropriate action.
(3) Where the Provincial Local Government
Commission is of opinion that suspension of a Nazim is necessary for the fair
conduct of the
enquiry under clause (b) of sub-section (1) or preventing the
Nazim from continuing with any unlawful activity during the pendency
of
enquiry, it may recommend to the Chief Executive of the Province for making
appropriate order for suspension of such Nazim for
a maximum period of ninety
days.
(4) Where, on an inquiry under clause (b) of
sub-section (1), a Nazim, Naib Nazim or a member of a Council is found guilty
of misconduct
by the Provincial Local Government Commission, it shall recommend
appropriate action, including his removal, to the Chief Executive
of the
Province.
(5) The
Provincial Local Government Commission shall have the same powers as are vested
in a Civil Court under the Code of Civil Procedures,
1908 (Act V of 1908), in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commission for the examination of
witnesses.]
133. Responsibility of the
Provincial Local Government Commission.– The Provincial Local Government Commission
shall be responsible to the Chief Executive of the Province.
[199][133A. Restructuring of Provincial Departments.– Administrative realignment of
Provincial departments shall be made in compatibility with the features of
Devolution Plan, ensuring
the principles of good governance not later than
134. Zila
Mohtasib.– (1) Without prejudice to the provisions as contained in the
(2) The Zila Mohtasib
shall redress citizens’ complaints against mal-administration of the holders of
public offices in the local governments
within the district.
Explanation.– For the
purpose of this section, the expression ‘holders of public office’ includes all
functionaries of the District Government,
Tehsil Municipal Administration,
Union Administration, Nazims, Naib Nazims, District Police Officers and
officials, members of
the Councils and all officials of the Council.
(3) All holders of public offices shall aid and
assist the Zila Mohtasib in exercise of his functions.
(4) The Zila Mohtasib shall hold office for a term
of four years and shall be eligible for reappointment for a similar term.
(5) The Zila Mohtasib may resign his office by
writing under his hand addressed to the Zila Council through Naib Zila Nazim.
(6) The manner of selection, appointment, removal,
terms and conditions of service, functions, and powers of the Zila Mohtasib and
procedures
relating thereto shall be as given in the Third Schedule.
CHAPTER XV
INTERNAL CONTROLS
135. Inspection and supervision.– (1) The Zila Nazim may designate
inspecting officers to objectively examine the performance of a Tehsil
Municipal Administration,
Town Municipal Administration and Union
Administration in relation to service delivery as may be prescribed.
(2) The inspection reports shall be prepared on
the specified format and forwarded to the Zila Nazim within the time fixed by
him.
(3) Zila Nazim shall advise the concerned Nazim to
take appropriate action on the report and inform the respective Council about
the
action taken thereon within thirty days.
(4) If any action is
required to be taken against the concerned Nazim, the Zila Nazim may [200][refer
the matter to the Provincial Local Government Commission for appropriate
action].
136. Enquiries.– (1) The Zila Nazim may require any
Tehsil Nazim, Town Nazim or Union Nazim in the district to conduct an enquiry
into any matter
concerning respective local government and submit the report
along with the proceedings of the enquiry to the Zila Nazim.
[201][(1A) Where the Zila Nazim is not satisfied with the
conduct of enquiry carried out under sub-section (1), he may arrange for an
independent
enquiry by an officer of the District Government.]
(2) On the basis of the
findings of the enquiry, the Zila Nazim shall advise the concerned Nazim to
take appropriate action on the report
within thirty days and place it before
the respective Council for information.
137. Transparency.– (1) Every citizen shall have the
right to information about any office of the District Government, Tehsil
Municipal Administration
and Union Administration.
(2) Every office shall provide requisite
information, if not restricted under any law for the time being in force, on
the prescribed
forms and on payment of such fee as may be prescribed.
(3) Information about the staffing and the
performance of the office of a local government during the preceding month
shall, as far
as possible, be displayed at a prominent place within the
premises of the office for access by the citizens.
138. Monitoring
by committees.– (1) The Monitoring Committees elected by the Zila Council
shall be responsible for monitoring the functioning of the offices of
the
District Government and preparing quarterly evaluation reports on the
prescribed format.
(2) The Monitoring
Committees of Tehsil Council and Town Council shall be responsible for
monitoring the functioning of the offices
of the Tehsil Municipal
Administration or Town Municipal Administration and preparing quarterly
evaluation reports on the prescribed
format.
(3) The Monitoring
Committees of Union Council shall be responsible for monitoring the functioning
of all offices of the District Government,
Tehsil Municipal Administration,
Town Municipal Administration and Union Administration for delivery of services
within its area
and preparing quarterly evaluation reports on the prescribed
format.
(4) The reports referred
to in sub-sections (1) to (3) shall, in particular, contain evaluation of the
performance of each office in
relation to–
(a) achievement
of its targets;
(b) responsiveness
to citizens’ difficulties;
(c) efficiency
in the delivery of services; and
(d) transparent
functioning.
(5) The Monitoring
Committees shall submit their quarterly reports to the respective Councils
which may through a resolution require
the respective Nazim to take necessary
action.
(6) The Monitoring Committees shall function
without intruding and interfering in the day to day working of the offices of
the local
governments and shall not cause any harassment to the functionaries
thereof, nor shall assume command and control of such offices.
(7) Notwithstanding any punishment provided in any
law for the time being in force, any member of the Monitoring Committee
violating
the provisions of sub-section (5) and sub-section (6) shall be removed
from the Monitoring Committee by the respective Council.
(8) Any functionary being aggrieved of any
misbehaviour, undue interference, harassment or misconduct by a member or
members of a Monitoring
Committee may report to the Code of Conduct Committee
of the concerned Council and may invoke disqualification proceedings against
such member or members.
(9) The concerned Monitoring Committee may
recommend to the competent authority the payment of bonuses or performance pay
to the functionaries
of the local governments in recognition of their efficient
performance, subject to availability of funds for this purpose.
(10) The
Monitoring Committee may identify inefficiency or corruption of functionaries
of local governments and report to the concerned
Nazim for appropriate action
and remedial measures and the Nazim shall inform the concerned Council within
thirty days of the action
taken by him.
139. Code of Conduct Committees of
the Councils.– (1)
There shall be a Code of Conduct Committee in each Council consisting of such
number of members as the Council may determine.
(2) The Code of Conduct Committee shall ensure
adherence of all members of the Councils, Nazims and Naib Nazims to the
prescribed code
of conduct for promoting their honest, responsible and
efficient functioning and behaviour.
(3) The Code of Conduct Committee shall monitor
the conduct of the elected representatives and report to the concerned Council
the incidents
of inefficiency and corruption.
(4) On receipt of a report under sub-section (3),
a Council may, by resolution of the majority of its members, invoke proceedings
of
disqualification against such member.
140. District Mushavirat
Committee.– (1)
There shall be constituted a Zila Mushavirat Committee consisting of the Zila
Nazim, Naib Zila Nazim and all Tehsil Nazims
and Town Nazims in the district.
(2) The Zila Nazim shall be the Chairman of the Zila Mushavirat
Committee and the District Coordination Officer shall act as its Secretary.
[202][(3) The
Zila Mushavirate Committee shall meet at least once every month or as and when
called into meeting by the Zila Nazim or on the
request of any two members of
the Committee, and the minutes of the meeting shall be sent to the Government.]
(4) The functions of the Zila Mushavirat Committee
shall be–
(a) to
crystallise vision for integrated development of the district.
(b) to
prioritise and co-ordinate inter-tehsil development plans;
(c) to
resolve intra-district disputes;
(d) to
muster resources for crisis management; and
(e) to set directions for realizing economic potential of the district.
[203][CHAPTER XV-A
DISTRICT SERVICE
140A. Creation of District Service.– Notwithstanding anything contained in any other law, rules or service
contract, for the time being in force, the Government shall,
in every district,
create a District Service, comprising all posts of local governments grouped
into district and tehsil cadres,
for decentralized local government functions
and groups of offices with adequate monetary benefits and incentives for promotion
and performance not later than the 31st December, 2005.]
[204][CHAPTER XVI
LOCAL GOVERNMENT’S RESPONSIBILITY
FOR ENFORCEMENT OF LAWS
141. Offences,
punishments and their cognizance.– (1) The offences specified in the Fourth
and Eighth Schedules, shall be liable to punishment by way of imprisonment,
fine, seizure,
forfeiture, confiscation and impounding and such other
penalties, as are provided in this Ordinance.
(2) Whoever commits any of the offences specified
in–
(a) Part-I
of the Fourth Schedule, shall be punishable with imprisonment for a term, which
may extend to three years, or with fine which
may extend to fifteen thousand
rupees, or with both and, where an accused was directed by the Inspector for
immediate discontinuance
of the offence, the Court may impose a further fine
which may extend to one thousand rupees for every day for the period the
accused
has persisted in the offence from the date of its commission;
(b) Part-II
of the Fourth Schedule, shall be punishable with imprisonment which may extend
to six months and fine which may extend to
five thousand rupees, or with both
and, where an accused was directed by the Inspector for immediate
discontinuance of the offence,
the Court may impose a further fine which may
extend to two hundred rupees for every day for the period the accused has
persisted
in the offence from the date of its commission; and
(c) the Eighth Schedule, shall in the first
instance, be liable to fine by issuing a ticket specified in the Ninth Schedule
and, where
an accused repeats the offence within a period of three months, for
which he was subjected to fine, he shall be liable to the same
punishment as
provided in clause (b):
Provided
that the concerned Nazim may, with the approval of the Council and by
notification in the official Gazette, exempt any
area from the application of
this provision in respect of such offences and for such period as may be
specified therein.
(3) The offences specified in clause (a) of
sub-section (2), shall be cognizable and information in this regard shall be
forwarded to
the officer incharge of a police station by the Inspector for
registration of a case against the accused in accordance with the
provisions of
section 154 of the Code of Criminal
Procedure, 1898 (V of 1898), hereinafter in this Chapter referred to as the
“Code”.
(5) The offences specified in Part-II of the Fourth Schedule and Eighth Schedule shall be tried in a summary manner
in accordance with the provisions of sections 260 to 265 of the Code,
except sub-section (2) of section 262 thereof.
(6) The laws specified in the Tenth Schedule,
shall be enforced by the local governments indicated against each.
(7) The Federal Government or Provincial
Government may, by notification in the official Gazette, entrust to a local
government the
enforcement of any other law for the time being in force.
(8) The fines collected under sub-section (6) and
sub-section (7), shall be deposited under separate receipt head in the Public
Account
of the concerned local government.
(9) The Government shall appoint one or more
Magistrates of the First Class at the headquarters of a tehsil or town, who
shall function,
exclusively under the Sessions Judge and not perform any
executive function, to deal with the cases relating to local and special
laws,
and the offences under this Ordinance.
Explanation.– For the purpose of this
Chapter, the “Court” shall mean the Court of a Magistrate of the First Class
appointed under the Code.
142. Appointment and control of Inspectors.– (1) The concerned Nazim shall, on the
recommendations by the officers specified in the third column of the Fourth
Schedule and
fourth column of the Eighth Schedule indicating the number of
Inspectors required to exercise jurisdiction over the specific category
or
categories of offences in the assigned area designated as blocks or wards and
with the approval of the concerned Council, authorize
the officials of the
local government as Inspectors for enforcement of the offences specified in
such Schedules:
Provided
that it shall not affect the appointment of the Inspectors appointed of the local
governments before coming into force
of this Chapter against any sanctioned
post with the express function of inspection by whatever designation may be,
and such Inspectors
shall be deemed to be Inspectors under this Ordinance.
(2) The
officials specified against each offence in the third column of the Fourth
Schedule and fourth column of the Eighth Schedule,
shall be the controlling
authority and administrative head of the Inspectors notified for such offence
and the Inspectors shall
report to him only for the enforcement of provisions
of this Chapter notwithstanding to whichever office of a local government they
may belong:
Provided
that a Tehsil or Town Municipal Administration may request the District
Government for providing district officials required
to conduct inspection
functions specified for tehsil or, as the case may be, town in the third column
of the Fourth Schedule and
fourth column of the Eighth Schedule and District
Government shall ordinarily notify such officials for conducting inspection
functions:
Provided
further that the tehsil and town officers specified in the Fourth and Eighth
Schedules, shall recommend the available officials
of decentralized Public
Health Engineering Department and Housing and Physical Planning Department for
performing inspection functions
in tehsil and town before additional
requirements are requested from the District Government.
143. Imposition
of fine through ticketing.– (1) Where any person, in the opinion of an
Inspector, is contravening any provision of the law relating to the offences
specified
in the Eighth Schedule, the Inspector shall charge the accused by
issuing a ticket for payment of fine specified in the Ninth Schedule,
if such
offence has been committed for the first time in three months.
(2) The ticket referred to in sub-section (1),
shall be issued in quadruplicate by delivering three copies to the accused
after obtaining
his signatures or thumb impression on the fourth copy to be
retained by the Inspector for record.
(3) The payment of fine may be deposited in the
assigned Post Office or a branch of the National Bank of Pakistan, empowered to
receive
local government dues by the respective local government to which the
offence relates in the Eighth Schedule, or the designated
local government
accountant located in the area of jurisdiction of the Inspector issuing the
ticket within the period of ten days
from the date of imposition of fine for
credit in a separate receipt head of account in the Public Account of the
concerned local
government:
Provided
that an accused may contest the imposition of fine in the Court within a period
of ten days.
(4) The Bank or Post Office or the designated
local government accountant of the respective local government receiving the
fine, shall
provide two copies of the ticket to the accused, with endorsement
of receipt of amount of fine, and forward one copy to the concerned
local
Accounts Officer.
(5) The accused shall deliver one copy of duly
paid ticket to the concerned Inspector within ten days.
(6) The fines imposed by a Court for the offences
specified in the Fourth Schedule, shall, on collection, be deposited under a
separate
receipt head in the Public Account of the concerned local government.
144. Performance
bonuses for Inspectors, etc.– (1) The total amount collected on account of
fines and penalties, including those imposed by the Court, shall be utilized as
under:-
(a) twenty-five percent thereof shall be paid by
the accountant of the respective local government as an incentive bonus to the
Inspectors
ratably according to the amount recovered against the fines imposed
by each Inspector and as a result of prosecution or fines initiated
by him:
Provided
that such payments to the Inspector shall be included as an addition in the pay
slip at the time of payment of pay of the
month following the month in which
the fines are realized;
(b) twenty-five percent thereof shall be set apart
for improvement of the regulatory functions of the system of imposition of
fines,
including accounting, record-keeping, computerization, mobility, police
functions and any other expenditure relating to adjudication
procedure; and
(c) out of the remaining fifty percent thereof,
expenditures shall be incurred on the compilation, printing, distribution and
other
incidentals required for the District Enforcement Gazette and the balance
amount shall be transferred to the concerned Local Fund
at the end of the
financial year.
(2) The Principal Accounting Officers of the local
governments, with the approval of the concerned Nazim, shall incur expenditure
from
the Public Account relating to the fines.
145. Court proceedings for default in deposit of
fine, etc.– (1) The officer
designated to enforce offences in the Eighth Schedule, shall daily provide to
the Court of competent jurisdiction,
a scroll of all fine tickets issued by
Inspectors under his administrative control which remain unpaid on the eleventh
day from
the issuance of such fine ticket.
(2) The Court of competent jurisdiction, receiving
the scroll, shall issue summons to the accused forthwith stating date of
hearing
for summary trial in accordance with the provisions of sections 260 to
265 of the Code, except sub-section (2) of section 262 thereof.
(3) Where, on the first date of hearing, the
accused appears before the Court and produces the proof of deposit of fine, or
unconditionally
admitting his failure, deposits the fine forthwith alongwith
the penalty which shall not be less than ten percent and not more than
twenty
five percent of the amount of fine determined by the Court in accordance with
the procedure provided in sub-section (2)
of section 388 of the Code, further
proceedings against the accused may be dispensed with and no conviction shall
be recorded against
him.
(4) Upon the failure of the accused to appear
before the Court in response to summons issued by it, the Court shall forthwith
issue
warrants for arrest of the accused and upon the issuance of such warrant
the accused will be liable to punishment under clause (b)
of sub-section (2) of
section 141, with or without surety.
146. Compounding of offences.– Subject to any other provision of this
Ordinance, a committee comprising the concerned Nazim as its Chairman, an
officer of the
concerned Administration and a member of the Council to be
nominated by the concerned Council as its members, may, at any time or
after
the commission of offence but before the conclusion of proceedings in the
Court, compound any offence under this Ordinance:
Provided that no case in
respect of any offence pending adjudication before a Court shall be compounded
except with the permission
of the Court:
Provided further that an
offence shall not be compounded where the accused has been served a notice
forbidding him from continuing
with the violation or contravention of any provision
of this Ordinance:
Provided also that the accused
shall be given an opportunity of being heard before passing an order or taking
any action adverse
to his interest.
146A. Appeals, etc.– The
decision and orders of the Court shall be appealable and subject to revision in
accordance with the provisions of the Code.
146B. Registers, monthly reports,
etc.– (1) The Inspector shall maintain record of offences, in which tickets
were issued, the cases which were not contested or contested
before the Court, complaints
were filed for prosecution, the recovery of fines, punishment awarded and
similar ancillary matters
in Register Numbers 1 to 12 given in Form-A of the
Eleventh Schedule.
(2) The
Inspector shall furnish monthly reports
on the fifth day of each month regarding the enforcement activities within the
area of his jurisdiction
on the basis of entries of the Register maintained in
Form-A to the concerned Nazim, District Coordination Officer and Accounts
Officer through his officer in-charge in Form-B specified in the Eleventh
Schedule.
(3) The officer in-charge of the police station, on the fifth day of
each month, shall, through the Head of District Police, submit report
in Form-C
specified in the Eleventh Schedule in respect of cases registered in the police
station on the complaint of an Inspector
or a person authorized under this
Ordinance and any warrants issued or arrests caused in pursuance thereof, and
the punishments
awarded in each case during the preceding month to the
concerned Nazim and District Coordination Officer.
(4) The District Coordination Officer shall, on the basis of reports
received by him under sub-sections (2) and (3), compile and cause
publication
of the monthly District Enforcement Gazette by twentieth day of each month.
146C. Police support to Inspectors, etc.– In addition to the Police support which may be requested by an Inspector
under the provisions of Article 34 of the Police Order,
2002 (Chief Executive’s
Order No. 22 of 2002), a local government may requisition a Police contingent
on deputation or payment
of charges in accordance with Article 30 of the said
Order.
146D. General powers of
Inspectors.– (1) In case of any serious threat to the public health, safety
or welfare or danger to life and property, the Inspector may, in
his area of
jurisdiction, in addition to imposition of fine or initiating prosecution under
this Ordinance,–
(a) suspend
any work;
(b) seize
the goods;
(c) seal
the premises;
(d) demolish
or remove work; and
(e) issue
directions for taking corrective measures in the time specified by him:
Provided that no Inspector
shall enter any residential premises save with the permission of the occupier
or owner or Court.
(2) An Inspector authorized under section 142, shall have the powers in
relation to the offences specified in the Fourth Schedule to–
(a) issue
notices in writing on behalf of the respective local government, served either
personally or through registered post with
acknowledgement due or by any
official of the local government, in order to restrain violations or commission
of any offence forthwith;
(b) initiate
legal proceedings in the competent Court where any person fails to comply with
the directions contained in the notice issued
under clause (a); and
(c) assist
in defending any legal proceedings initiated against the local government.
146E. Application of the Code.– The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898),
shall, mutatis mutandis, apply to all
proceedings under this Chapter particularly in matters relating to issuing of
summons, warrants and other processes
for securing attendance of the accused,
bail, trial, appeals, revisions and execution of the decision of the Court.
147. Rights
of citizen not affected.– Nothing contained in this Chapter shall restrict
or limit the right of the citizens or residents of a local area to bring any
suit
or other legal proceeding against any local government, its officers or
other functionaries violating his rights available to him
under any law for the
time being in force or to claim damages or such remedy through a suit under the
provisions of the Code of
Civil Procedure, 1908 (Act V of 1908).]
LOCAL
GOVERNMENT ELECTIONS
[205][148. Franchise.– (1) Members of a Union Council,
including Union Nazim and Naib Union Nazim shall be elected through direct
elections based on adult
franchise and on the basis of joint electorate.
(2) The electoral college for the election of Zila
Nazim and reserved seats of women, peasants and workers, and minorities in the
Zila
Council shall be all the members of Union Councils in the District,
including Union Nazims and Naib Union Nazims.
(3) The electoral college for the election of a
Tehsil Nazim, Town Nazim and reserved seats of women, peasants and workers, and
minorities
in the Tehsil Council and Town Council, shall be all the members of
the Union Councils in the Tehsil or, as the case may be, Town,
including Union
Nazims and Naib Union Nazims:
Provided that for the election for reserved seats for women in
Zila Council proportionately divided among Tehsils or Towns, shall
be all
members of the Union Councils in a Tehsil or, as the case may be, Town.
Explanation.– For the purpose of this section, all members
of Union Councils, notified as returned candidates in the elections held under
this
Ordinance, shall be deemed to be members of the electoral college.]
149. Manifesto.– (1) The candidates for the seat of a
Zila Nazim, Tehsil Nazim and Town Nazim shall, before the election to such
office, make public
a manifesto containing the policies and programmes they
propose to pursue and implement, if elected.
(2) The manifesto
prepared under sub-section (1) shall be attached to the nomination papers.
150. Authority for local
government elections.– (1) The local government
elections under this Ordinance shall be conducted by the Chief Election
Commissioner in pursuance of the Local
Government Elections Order, 2000 (Order
No.8 of 2000).
(2) The Chief Election Commissioner may require
any person or authority to perform such functions or, render such assistance
for the
purpose of elections, including preparation of electoral rolls [206][and disposal of election petitions
and other disputes] under this Ordinance as deemed fit.
(3) The Chief Election Commissioner may authorise
any of his officers to exercise any of his powers and to perform any of his
functions
under this Ordinance.
(4) The elections to the local governments shall
be held every [207][four] year so as to enable their
installation on the 14th day of August of the year in which
elections are held.
[208][151. Delimitation of electoral
wards.– (1) The
electoral ward for the election of a Zila Nazim, shall be a District, for a
Tehsil Nazim, a Tehsil, for a Town Nazim, a
Town, and for a Union Nazim and a
Naib Union Nazim, a Union.
(2) The electoral ward for the election of a Naib
Zila Nazim, Naib Tehsil Nazim and Naib Town Nazim shall be the respective
Council.
(3) The
152. Qualifications for candidates
and elected members.–
(1) A person shall qualify to be elected or to hold an elective office or
membership of a local government, if he–
(a) is a citizen of
(b) is at least twenty-five years of age;
(c) is enrolled as a
voter in the electoral rolls of the relevant ward;
(d) is of good character and is not commonly known
as one who violates Islamic injunctions; has adequate knowledge of Islamic
teachings
and practices, obligatory duties prescribed by Islam as well as
abstains from major sins; provided that these qualifications shall
not apply to
a person who is a non-Muslim, but such a person shall have a good reputation;
(e) has academic qualifications of not less than
matriculation or secondary school certificate or equivalent from a recognized
institution,
for contesting the election of a Nazim or a Naib Nazim;
(f) has not been declared by a competent court to
be of unsound mind;
(g) is not in the
service of the Federal, a provincial or a local government or, any statutory
body or a body which is controlled by
any such government or, in which any of
such government has a controlling share or interest, except the holders of
elected public
office and part-time officials remunerated either by salary or
fee; provided that in case of a person who has resigned or retired
from such
service, a period of not less than six months has elapsed since his retirement;
(h) has not been dismissed, removed or
compulsorily retired from public service on the grounds of moral turpitude;
(i) does not possess assets which are inconsistent
with his declaration of assets or justifiable means, whether held in his own
name
or of the dependents or any other person or corporate body in whose name
assets are held in trust or under any other formal or informal
arrangement
whereby the de-facto control of such assets including their sale, transfer or
pecuniary interest, is retained by him;
(j) has not been adjudged a wilful defaulter of
any tax or other financial dues owed to the federal, a provincial, or a local
government
or any financial institution, including utility bills outstanding
for six months or more;
(k) has not been convicted by a court of competent
jurisdiction on a charge of corrupt practice involving moral turpitude or
misuse
of power or authority under any law for the time being in force;
(l) has not been sentenced to imprisonment for
more than three months for an offence under any law and, a period of not less
than five
years has elapsed since his release; and in case of a member or a
holder of a public office, has not been sentenced to imprisonment;
(m) has not failed to file the required return of
election expenses or is not convicted for exceeding the limits of election
expenses
prescribed under the electoral laws;
(n) has not been
declared an un-discharged insolvent by any court;
(o) does not engage in any transaction involving
pecuniary interest with the local government of which he is a member;
(p) does not absent himself without reasonable
cause from three consecutive meetings of the council of which he is a member;
provided
that a member shall not be disqualified if the absence was
necessitated by a national emergency or force majeure;
(q) does not fail to attend a training course as
required under section 189 of this Ordinance;
(r) has not been and is not involved, in
activities prejudicial to the ideology, interest, security, unity, solidarity,
peace and integrity
of Pakistan and its people, and the good order and harmony
of society; and
(s) has not used, directly or indirectly, for his
election the platform, flag, symbol, affiliation and financial or material
resources
or support of a political, religious, ethnic or sectarian party,
formation or organization.
(2) Whoever–
(a) is
found by the Chief Election Commissioner to have contravened the provisions of
sub-section (1) shall stand disqualified from
being a candidate for election to
any office of the local government for a period of four years; or
(b) having been elected as a member of a local government or is a
holder of an elective office of the local government is found by the
Chief
Election Commissioner to have contravened the provisions of sub-section (1)
shall cease forthwith to be an elected member
or to hold the office of such
member and stand disqualified from being a candidate for election to a local
government for a period
of four years.
153. Non-party elections.– Local government elections shall be
held on non-party basis.
[209][154. Elections of Nazims, etc.– (1) A candidate for the office of
Zila Nazim and a Tehsil Nazim or a Town Nazim securing highest number of votes
in their respective
wards against other candidates, shall be declared elected.
(2) A Union Nazim and Naib Union Nazim as joint
candidates, securing highest number of votes in their electoral ward against
other joint
candidates, shall be declared elected.]
155. Allocation of reserved seats.– (1) Reserved seats for women in
the Zila Council shall be divided among the tehsils and towns in the City
District in proportion
to the number of Unions in such tehsils or, as the case
may be, towns.
(2) A tehsil and town in the City District shall
be a multi-member ward for the reserved seats for women in the Zila Council,
Tehsil
Council and Town Council.
(3) A district shall be a multi-member ward for
the reserved seats for peasants and workers, and minority population in the
Zila Council.
156. Election to vacant seats.– (1) If a seat of a member becomes
vacant during the term of office of a Council, a new member shall be elected
through by-election
and the member elected in by-election shall hold office for
the remaining term of the Council.
(2) If any seat reserved for women remains vacant,
the same shall be filled through by-elections and the elected women member
shall
hold office for the remaining term of the Council.
(3) All by-elections [210][for the vacant seats of members of
Councils] shall be held once a year on a date or dates fixed by the Chief
Election Commissioner.
[211][(3-A) The period of one year referred to in sub-section (3) shall be
computed from the date of assumption of office of the Council:
Provided
that in the year in which general elections for the National or Provincial
Assemblies are to be held, the bye-elections
may be held within eighteen
months.]
(4) A vacancy of Union Nazim or Naib Union Nazim
shall be filled through by-election within [212][, as far as practicable, one
hundred and twenty] days of the occurrence of vacancy as provided in
sub-section (1) of section 148.
[213][(5) A
vacancy of Zila Nazim, Tehsil Nazim or Town Nazim, as the case may be, shall be
filled through by-election within one hundred
and twenty days of the occurrence
of vacancy as provided in sub-sections (2) and (3) of section 148.]
(6) When the office of a Zila Nazim, Tehsil Nazim
or Town Nazim falls vacant, the members of the concerned Council shall by a majority
vote elect an officiating Nazim from amongst its members as provided in section
48 and 68 respectively, and the person so elected
shall continue to retain his
office as a member also:
Provided
that the officiating Nazim shall not be a candidate in the by-election held for
election of the Nazim.
[214][(7) When the office of a Union Nazim or Naib
Union Nazim falls vacant, the members of concerned Council shall, by a majority
vote, elect
an officiating Union Nazim or, as the case may be, Naib Union Nazim
from amongst its members and the person so elected shall continue
to retain his
office as a member as well:
Provided that the officiating Nazim or the
Naib Nazim shall not be a candidate in the by-election to be held for the Union
Nazim
or, as the case may be, Naib Union Nazim.]
[215][(8) A
vacancy of Naib Zila Nazim, Naib Tehsil Nazim or Naib Town Nazim, as the case
may be, shall be filled in within ten days from
the date of occurrence of the
vacancy.]
157. Electoral rolls.– (1) A person shall be entitled to be
enrolled as a voter if he–
(a) is a citizen of
(b) is not less than eighteen years of age on the first day of January
of the year in which an election is to be held; and
(c) fulfills such other conditions as the Chief Election Commissioner
may specify.
(2) The electoral rolls for the local government
elections shall be prepared by the Chief Election Commissioner in the manner he
may
deem appropriate and the electoral rolls shall not be invalid by reason of
any erroneous description therein of any person listed
or of an omission of the
name of any person entitled to be enrolled or of inclusion of the name of any
person not so entitled.
[216][158. Bar against Nazims for dual
membership, etc..– [217][(1)] A Zila Nazim, Naib Zila Nazim,
Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim, Union Nazim and
Naib Union Nazim
may contest election for any other political office after
resigning from the office of Nazim or, as the case may be, Naib Nazim:
Provided
that a member of Zila Council, Tehsil Council, Town Council or Union Council
may contest election for any other political
office without resigning from the
membership of such Council:
Provided
further that such member shall not hold more than one office at one time.]
[218][(2) Nothing
in sub-section (1) shall apply to a Union Nazim or Naib Union Nazim, becoming
members of the Zila Council or Tehsil Council,
or the members elected against
reserved seats in the Zila Council or Tehsil Council, or being elected as Naib
Zila Nazim or, as
the case may be, Naib Tehsil Nazim.]
[219][159. Term of office.– (1) The term of office of
local governments in a district shall be four years commencing from the date of
the notification of assumption
of office by respective Councils:
Provided
that a local government, notwithstanding the expiry of its term of office,
shall continue to hold office until the successor
local government assumes
office.
(2) The Government shall notify the assumption of
offices by Nazims, Naib Nazims and members of the Councils.
(3) A Zila Nazim, Tehsil
Nazim, Town Nazim, Union Nazim and Naib Union Nazim shall not hold the same
office for more than two consecutive
terms.]
160. Oath
of office.– (1)The elected Nazims, Naib Nazims and members shall take oath before
assuming the charge of their respective offices.
(2) A Zila Nazim, Naib Zila Nazim and the members
of Zila Council shall be administered oath of office by the concerned District
and
Sessions Judge.
(3) A Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim and
members of the Tehsil Council and Town Council shall be administered
oath of
office by an Additional District and Sessions Judge designated by the District
and Sessions Judge of the concerned district.
(4) A Union Nazim, Union Naib Nazim and members of
a Union Council shall be administered oath of office by a judicial officer
designated
by the District and Sessions Judge of the concerned district.
161. Removals.– (1) Where proceedings of
disqualification under section 152 have been initiated on an application made
by any person or by the Chief
Election Commissioner on his own motion against a
member, Nazim or Naib Nazim, the Election Commission or any authority
authorised
by it may issue a notice to show cause to a member, Nazim or, as the
case may be, Naib Nazim, within a specified period as to why
proceedings
against him may not be taken for his removal for breach of any of the
provisions of section 152.
(2) Where the Election Commission or an authority
authorised by it is not satisfied with the reply to the notice to show cause
referred
to in sub-section (1) or any reply to the said notice is not filed
within the period fixed by him, he may order for an enquiry in
the matter and
for that purpose appoint an enquiry officer.
(3) On the basis of
enquiry held under sub-section (2), the Election Commission or an authority
authorised by it may order the removal
of a member, Nazim or, as the case may
be, Naib Nazim:
Provided
that before an order of removal is passed, the member, Nazim or, as the case
may be, Naib Nazim against whom enquiry proceedings
are carried out shall be
afforded a reasonable opportunity of being heard, including personal hearing if
so requested.
162. Resignations.– (1) A member of the Council may
resign from his office by writing under his hand addressed to the Naib Nazim of
the concerned
Council, whereupon the resignation shall deem to be accepted and
effective forthwith.
(2) Copies of all
resignations shall be forwarded to the Election Commission and the Government.
(3) Notwithstanding the resignation of a member
any proceeding for removal under section 161, if already initiated, shall not
abate.
[220][163. * * * * * * * * * * * *]
164. Notifications to be issued.– The Chief Election Commissioner
shall notify every election, by-election and result of such elections and
resignation, removal or
recall of a member, Nazim or Naib Nazim, as the case
may be.
165. Corrupt practice.– A person guilty of bribery,
personating, or undue influence shall be punishable for an offence of corrupt
practice with imprisonment
for a term which may extend to three years, or with
fine which may extend to fifteen thousand rupees, or with both.
166. Bribery.– A person is guilty of bribery, if
he, directly or indirectly, by himself or by any other person on his behalf–
(a) receives, agrees or contracts for any
gratification for voting or refraining from voting or for being or refraining
from being a
candidate at, or withdrawing or retiring from, an election;
(b) gives, offers or promises any gratification to
any person for the purpose of–
(i) inducing a person to be or to refrain from
being a candidate at an election; or
(ii) inducing a voter to vote or refrain from
voting at any election; or
(iii) inducing a candidate to withdraw or retire
from an election; or
(iv) rewarding a person for having been or for
having refrained from being a candidate at an election; or
(v) rewarding a voter for having voted or
refrained from voting at an election; or
(vi) rewarding a candidate for having withdrawn or
retried from an election.
Explanation.– In this section, ‘gratification’ includes
a gratification in money or estimable in money and all forms of entertainment
or employment
for reward.
167. Personating.– A person is guilty of personating,
if he votes or applies for a ballot paper for voting as some other person
whether that other
person is living or dead or fictitious.
168. Undue
influence.– A
person is guilty of undue influence, if he–
(a) in order to compel any person to vote, refrain
from voting, or to induce or compel any person to withdraw his candidature at
an
election, directly or indirectly, by himself or by any other person on his
behalf–
(i) makes or threatens to make use of any force,
violence or restraint;
(ii) inflicts or threatens to inflict any injury,
damage, harm or loss; or
(iii) uses any official influence or Governmental
patronage; or
(b) on account of any person having voted or refrained from voting, or
having withdrawn his candidature, does any of the acts specified
in clause (a);
or
(c) by abduction, duress or any fraudulent device or contrivance–
(i) impedes or prevents the free exercise of the
franchise by a voter; or
(ii) compels, induces or prevails upon any voter
to refrain from voting or compels any voter to vote.
Explanation.–
In this section, ‘harm’ includes social ostracism or ex-communication or
expulsion from any caste or community.
169. Illegal
practice.– A person
is guilty of illegal practice punishable with fine which may extend to two
thousand rupees, if he–
(a) obtains or procures, or attempts to obtain or
procure, the assistance of any officer or official of the Federal Government, a
Provincial
Government or a local government or authority to further or hinder
the election of a candidate;
(b) votes or applies for a ballot paper for voting at an election
knowing that he is not qualified for voting or is disqualified from
voting.;
(c) votes or applies for a ballot paper for voting more than once at
any polling station;
(d) removes a ballot paper or a ballot box from a polling station or
destroys, damages or tampers with the ballot-box used at a polling
station;
(e) knowingly induces or procures any person to do any of the aforesaid
acts; or,
(f) fails to provide statement of election expenses as required under
this Ordinance.
(g) makes or publishes a false statement–
(i) concerning the personal character of a
candidate or his relation calculated to adversely affect the election of such
candidate or,
for the purpose of promoting or procuring the election of another
candidate, unless he proves that he had reasonable ground for
believing, and
did believe, the statement to be true;
(ii) relating to the symbol of a candidate whether
or not such symbol has been allocated to such candidate; or
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a
candidate, lets, lends, employs, hires, borrows or uses any vehicle or vessel
for the
purpose of conveying voters to or from the polling station, except when
a person conveys himself or any member of the household
to which he belongs, to
or from the polling station;
(i) causes or attempts to cause any person present and waiting to vote
at the polling station to depart without voting.
170. Prohibition
of canvassing.– A
person is guilty of an offence punishable with fine which may extend to two
thousand rupees, if he, on the polling day in connection
with the election–
(a) convenes, calls or organises within a ward any meeting; or
(b) within a radius of two hundred meters of the polling station–
(i) canvasses for votes;
(ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the
election or for a particular candidate; or
(iv) exhibits, except with the permission of the
returning officer and at a place reserved for the candidate or his polling agent
beyond
the radius of one hundred meters of the polling station, any notice,
sign, banner or flag designed to encourage the voters to vote,
or discourage
the voters from voting, for any contesting candidate.
171. Disorderly
conduct near polling station.– A person is guilty of an offence punishable with imprisonment for a
term which may extend to three months, or with fine which may
extend to three
thousand rupees, or with both, if he–
(a) uses, in such manner as to be audible within the polling station any
gramophone, megaphone, loudspeaker or other apparatus for reproducing
or
amplifying sounds; or
(b) persistently shouts in such manner as to be audible within the
polling station; or
(c) does any act which–
(i) disturbs or causes annoyance to any voter
visiting a polling station for the purpose of voting; or
(ii) interferes with the performance of the duty
of a presiding officer, polling officer or any other person performing any duty
at a
polling station; or
(d) abets
the doing of any of the aforesaid acts.
172. Tampering
with papers.– A
person is guilty of an offence punishable with imprisonment for a term which
may extend to six months, or with fine which may
extend to two thousand rupees,
or with both, if he–
(a) fraudulently defaces or destroys any nomination paper or ballot
paper;
(b) fraudulently takes out of the polling station any ballot paper or
puts into any ballot box any ballot paper other than the ballot
paper he is
authorized under the rules to put in;
(c) without due authority-
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes
with any ballot box or packet or ballot papers in use for the purpose of
election;
or
(iii) breaks any seal affixed in accordance with the
provisions of the rules; or
(d) causes any delay or interruption in the
beginning, conduct or completion of the procedure required to be immediately
carried out
on the close of the poll; or
(e) fraudulently or without due authority attempts to do any of the
aforesaid acts.
173. Interference
with the secrecy of voting.– A person is guilty of an offence punishable with imprisonment which may
extend to six months, or with fine which may extend to two
thousand rupees, or
with both, if he–
(1) interferes or attempts to interfere with a voter when he records
his vote;
(2) in any manner obtains or attempts to obtain, in a polling station,
information as to the candidate for whom a voter in that station
is about to
vote or has voted, or
(3) communicates at any time any information obtained in a polling
station as to the candidate for whom a voter in that station is about
to vote
or has voted.
174. Failure
to maintain secrecy.–
Any candidate or polling agent attending a polling station, or any person
attending the counting of votes, is guilty of an offence
punishable with
imprisonment which may extend to six months, or with fine which may extend to
two thousand rupees, or with both,
if he–
(a) fails to maintain or aid in maintaining the
secrecy of voting; or
(b) communicates any information obtained at the counting of votes as
to the candidate for whom any vote is given by any particular ballot
paper.
175. Conduct
of officials.– A
presiding officer, polling officer or any other officer or clerk performing a
duty in connection with an election, or any member
of a police force, is guilty
of an offence punishable with imprisonment for a term which may extend to six
months, or with fine
which may extend to five thousand rupees, or with both, if he, during the conduct or
management of an election or maintenance of order at the polling station–
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder the election of
a candidate;
(e) fails to maintain or aid in maintaining the secrecy of voting;
(f) communicates, except for any purpose authorised by any law, to any
person before the poll is closed any information as to the name
or number on
the electoral roll of any voter who has or has not applied for a ballot paper,
or has or has not voted at a polling
station; and
(g) communicates any information obtained at the counting of votes as
to the candidate for whom any vote is given by any particular ballot
paper.
176. Breach of official duty.– A presiding
officer or any other person employed by any such officer in connection with his
official duties imposed by or under
this Ordinance, is guilty of an offence
punishable with fine which may extend to five thousand rupees, if he, without
reasonable
cause, does or omits to do an act in breach of any official duty.
177. Assistance
by government servants.– A person in the service of the Federal Government, a Provincial
Government, a local government, or a body owned or controlled by
the Federal or
a Provincial Government is guilty of an offence punishable with imprisonment
for a term which may extend to six
months, or with fine which may extend to
five thousand rupees, or with both if he, in any manner, gives any assistance
calculated
to further or hinder the election of a candidate.
178. Summary
trial.– All
offences under this Ordinance except the offences under sections 165 to 168
shall be tried summarily under the provisions of
the Code of Criminal Procedure
1898 (Act V of 1898).
179. Cognizance.– No court shall take cognizance of
the offences under sections 175 and 176 except on the complaint in writing of
the returning officer
concerned.
[221][179A. Conduct of elections.– (1) Notwithstanding anything contained in this
Ordinance, for the elections to be held in the year two thousand and five,
immediately
on notification of the Schedule of Elections in a district or
districts by the Chief Election Commissioner, the Zila Council, Tehsil
Councils, Town Councils and Union Councils in such district or districts shall
stand dissolved and all Nazims, Naib Nazims and
members of the Councils shall
cease to hold their respective offices.
(2) Within twenty-four hours of the announcement
of the Schedule for local government elections by the Chief Election
Commissioner,
the Provincial Chief Secretary shall appoint government officers
as Care-takers to perform the functions and exercise the powers
of the Nazims
of the respective local governments till the newly elected Nazims take oath of
their offices.
(3) The elected members of Zila Council, Tehsil
Councils, Town Councils, Union Councils and Zila Nazim, Tehsil Nazims, Town
Nazims and
Union Nazims shall assume the charge of their respective offices
within seven days of the Notification of the result of district
and tehsil
level elections by the Chief Election Commissioner under section 164 of this
Ordinance.
(4) During the election period the Care-takers provided in sub-section (2)
are looking after the affairs of the local governments, no
new development
scheme shall be initiated nor shall the Government or the Care-takers or any
other officer of a local government
make posting and transfer of any officer or
official of the local government without the prior approval of the Chief
Election Commissioner.
(5) This section shall only be for the local government
elections held in the year two thousands and five and shall cease to have any
effect and be deemed to be omitted from
this Ordinance forthwith on the
completion of assumption of offices referred to in sub-section (3).]
CHAPTER XVIII
MANAGING
TRANSITION
180. Succession
of the properties, assets and liabilities.– [222][(1)] Subject to section 123, on
commencement of this Ordinance, the properties, assets and liabilities of the Local
Councils, namely,
Metropolitan Corporations, Municipal Corporations, District
Councils, Municipal Committees, Town Committees, Union Councils under
the
Punjab Local Government Ordinance, 1979 (VI of 1979), shall be succeeded by the
following local governments under this Ordinance–
(a) City District Government in the case of
Metropolitan Corporation or Municipal Corporation in the concerned City
District, as the
case may be;
(b) District Government in the case of District
Council;
(c) Tehsil Municipal Administration in the case of
Municipal Corporations, Municipal Committees and Town Committees in the tehsil,
as
the case may be; and
(d) Union Administration in the case of Union
Councils:
Provided that the liabilities of the predecessor local governments
shall be discharged in accordance with the existing arrangements:
Provided
further that the discharge of liabilities of the decentralised offices shall
remain with the Government.
[223][(2) The funds of a Metropolitan Corporation,
Municipal Corporation, Zila Council, Municipal Committee, Town Committee and
Union Council
shall be transferred to a local government as its successor under
sub-section (1).]
181. First
Nazims and Councils.– (1) The
first local governments under this Ordinance shall be established on the 14th
day of August, 2001.
(2) The Zila Nazims shall assume the office of the
head of respective District Governments under this Ordinance on the 14th
day of August, 2001, and the Government shall issue notification of the
assumption of their offices.
(3) The Tehsil Nazims and Town Nazims shall assume
the office of the head of Tehsil Municipal Administration and Town Municipal
Administration,
as the case may be, under this Ordinance on the 14th
day of August, 2001, and the Government shall issue notification of the
assumption of their offices.
(4) The Union Nazims shall assume the office of the head of the Union
Administration under this Ordinance on the 14th day of August, 2001,
and the Government shall issue notification of the assumption of their offices.
(5) The Government shall make arrangements of
accommodation for the offices of the local governments and, as far as possible,
for that
purpose the existing infrastructure shall be utilized.
182. Administrative Transition.– (1) On coming into force of
this Ordinance, any office, authority or municipal body set up or controlled by
the Government shall continue
providing services without any interruption
during the decentralization process or its entrustment to any local government
under
this Ordinance.
(2) All functionaries of the Metropolitan Corporations, Municipal
Corporations, Zila Councils, Municipal Committees, Town Committees
and Union
Councils set up under the Punjab Local Government Ordinance, 1979 (VI of 1979),
shall continue to perform their respective
duties and responsibilities with the
successor local government under this Ordinance, until transferred to any other
local government.
(3) Subject to the provisions of sub-sections (1)
and (2), the control of the development authorities, water and sanitation
agencies
and solid waste management bodies shall vest in the following local
governments:-
Authority/Agency
|
Local
Government |
(a) Development Authorities, Water and
Sanitation Agencies or Boards, and Solid Waste Management Bodies; |
City
District Government |
(b) Development Authorities |
District
Government |
(c) Water and Sanitation Agencies/Boards and
Solid Waste Management Bodies. |
District
Government |
(4) The Government shall commence closing down the
operations of divisional offices and, where applicable, regional, circle and
zonal
offices on coming into force of this Ordinance, provided that such
offices shall cease to function on 31st day of December, 2001.
(5) The Government shall,
on the commencement of this Ordinance, decentralise administrative, financial
and appellate powers of the
divisional, regional and zonal officers to the
Deputy District Officers, District Officers, Executive District Officers and
District
Coordination Officers, as the case may be.
(6) The District Governments shall appropriately
re-organize the authorities, agencies and bodies referred to in sub-section (3)
and
decentralise such authorities, agencies and bodies to the Tehsil Municipal
Administration or, as the case may be, Town Municipal
Administration in
accordance with section 52.
183. Employees’
salaries not to be reduced on transfer, etc.– (1) On allocation,
re-allocation or transfer of the employees of the Government, Metropolitan
Corporations, Municipal Corporations,
District Councils, Municipal Committees,
Town Committees and Union Councils or any other authority, agency or body to
any local
government established under this Ordinance, the salaries, emoluments
and pensions of such employees shall not be reduced on such
allocation,
re-allocation or transfer.
(2) The Government shall ensure the payment of
salaries, emoluments and pensions of the employees referred to in sub-section
(1), including
the employees of the Local Council Service and the servants of
Local Councils set up under the Local Government Ordinance, 1979
(VI of 1979)
during the financial year 2001-2002 or till such time as Government may deem
appropriate.
184. Bar
on recruitments.– (1) During the transition period specified in section 187
and till the adjustment for optimal utilization of all employees of the
Government, Local Council Service and Servants of Local Councils, no fresh
recruitment shall be made to fill any vacancy in the
local governments set up
under this Ordinance, except with the express sanction of the Government.
(2) The Government shall make available the services of the employees
placed in its surplus pool for utilization in the offices decentralised
to the
District Government, Tehsil Municipal Administration, Town Municipal
Administration and Union Administration.
(3) The local governments
shall utilize the services of the employees of the Local Councils set up under
the repealed Punjab Local Government
Ordinance, 1979 (VI of 1979) for meeting
the shortfall in the offices of the Zila Councils, Zila Nazims, Tehsil
Councils, Tehsil
Municipal Administrations, Town Councils, Town Municipal
Administrations, Tehsil Nazims, Town Nazims and Union Administrations.
185. Financial
transition.– (1) All taxes, cesses, fees, rates, rents, tolls and charges
which were being charged, levied and collected by any office of the
Government,
development authority, water and sanitation agency, board or solid waste
management body or any Local Council, shall
continue to be charged, levied and
collected under this Ordinance by the successor local governments and every
person liable to
pay such taxes, cesses, fees, rates, rents, tolls, charges and
accumulated arrears and receivables shall continue to make payment
thereof
until revised, withdrawn or varied under this Ordinance.
(2) Where any Local Council established under the
repealed Local Government Ordinance, 1979 (VI of 1979), was receiving any grant
or
any compensation in lieu of octroi, toll tax, export tax, or any other tax,
the successor local government under this Ordinance
shall continue to receive
such grant or compensation.
186. Electoral
Transition.– (1) Notwithstanding anything contained herein before, the
first Zila Councils, Tehsil Councils, Town Councils and Union Councils
constituted under this Ordinance shall be deemed to be validly constituted if
sixty percent seats thereof are filled in the elections
held under the Punjab
Local Government Elections Ordinance, 2000 ( V of 2000).
[224][(2) Where local council has been validly constituted under sub-section (1),
but seats of Nazim and Naib Nazim of the corresponding level
have not been
filled, the concerned council shall elect officiating Nazim and Naib Nazim from
amongst its members until their seats
are filled through bye-election.]
[225][(3)] In
any local area in which this Ordinance is in force but a relevant local
government is not validly constituted due to a natural
calamity or conditions
beyond human control, the Government, may empower any person or persons to
perform all or any of the functions
of that local government under this
Ordinance till the elected government assumes the charge of the office.
187. Transitional
timeframe.– All actions required for giving effect to the provisions of
this Ordinance and transition to the local government systems set up
thereunder
shall be completed by the 30th day of June, 2002.
CHAPTER XIX
188. Complaint
Cell.– Every District Government, Tehsil Municipal Administration, Town
Municipal Administration and Union Administration shall set up a
complaint cell
for redressal of grievances within the ambit of their responsibilities under
this Ordinance.
189. Training.–
The Nazims, Naib Nazims and members of the Councils shall attend training
courses for such periods and in such manner and at
such places as may be
prescribed by the Government from time to time.
190. Appeals.–
Any person aggrieved by any order passed by a local government or its
functionaries, in pursuance of this Ordinance or the rules
or bye-laws made
thereunder may appeal to such authority, in such manner and within such period
as may be prescribed.
191. Rules.–
(1) The Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the
fore-going power, such rules may provide for all or any of the matters
specified in Part-I of Fifth Schedule.
(3) The rules made under sub-section (1) shall be subject to previous
publication in the official Gazette and shall meet the following
considerations:-
(a) consistency with democratic decentralisation
and subsidiarity;
(b) enhancement
of welfare of the people;
(c) fairness
and clarity; and
(d) natural
justice and due process of law.
192. Bye-laws.–
(1) A Zila Council, Tehsil Council, Town Council and Union Council may, in
their ambit of responsibilities, make bye-laws to carry
out the purposes of
this Ordinance.
(2) In particular and without prejudice to the generality of the
fore-going power, such bye-laws may provide for all or any of the matters
specified in Part-II of the Fifth Schedule.
193. Members and servants to be
public servants.– All Nazims, Naib Nazims, members of the Councils,
functionaries of the local government and every other person duly authorised to
act on behalf of the local government shall be public servants within the
meanings of section 21 of the Pakistan Penal Code (Act
XLV of 1860).
[226][193-A. Delegation
of Powers.– A [227][Nazim may delegate any of his] powers, including financial powers under
this Ordinance or rules or bye-laws to any of its officers,
partly or fully,
and subject to such restrictions or conditions as it may deem fit after
approval by the Council concerned.]
194. Action
taken in good faith.– No suit,
prosecution, or other legal proceedings shall lie against any public servant serving
in local government for anything
done in good faith under this Ordinance.
[228][195. General powers of local governments, etc.– Notwithstanding any specific provision of
this Ordinance, every local government, Village Council and Neighbourhood
Council shall
perform their functions conferred by or under this Ordinance and
in performance of their respective functions shall exercise such
powers and
follow such procedures as are enumerated in the Sixth Schedule.]
[229][195-A. Delegation of powers.–
Government may, by notification, delegate any of its powers under this
Ordinance, or the rules, to any officer subordinate to it,
or under the control
of a Local Government, subject to such conditions, if any, as may be specified
in the order.]
196. Repeals and Savings.– (1) On commencement of
this Ordinance,–
(i) the Punjab Local Government Ordinance, 1979
(VI of 1979), shall be repealed;
(ii) the Punjab Local Government Elections
Ordinance, 2000 (V of 2000), shall be repealed[230];
and
(iii) all Metropolitan Corporations, Municipal
Corporations, District Councils, Municipal Committees, Town Committees and
Union Councils
created under the Punjab Local Government Ordinance, 1979 (VI of
1979) shall stand dissolved.
[231][(2) Save as otherwise specifically provided,
nothing in this Ordinance, or any repeal effected thereby, shall affect or be
deemed to
affect anything done, action taken, investigation or proceedings
commenced, order, rule, regulation, appointment, conveyance, mortgage,
deed,
document or agreement made, fee levied, resolution passed, direction given,
proceedings taken or instrument executed or issued,
under or in pursuance of
any law repealed or amended by this Ordinance and any such thing, action,
investigation, proceedings,
order, rule, regulation, appointment, conveyance,
mortgage, deed, document, agreement, fee, resolution, direction, proceedings or
instrument shall, if in force at the commencement of this Ordinance and not
inconsistent with any of the provisions of this Ordinance,
continue to be in
force, and have effect as if it were respectively done, taken, commenced, made,
directed, passed, given, executed
or issued under this Ordinance:
Provided that, until otherwise
decided by Government, the Local Government Boards established under the Punjab
Local Government
Ordinance, 1979 (VI of 1979), for the administration of
officers and officials of the Local Council Service shall continue to
function.]
(3) Notwithstanding the repeal of Punjab Local
Government Elections Ordinance, 2000 (V of 2000), all Nazims, Naib Nazims, and
members
of the local governments elected under the said Ordinance shall be
deemed to have been elected under this Ordinance and shall continue
to hold
their respective offices till the completion of their terms, unless earlier
removed, resigned or recalled under this Ordinance.
197. Removal of difficulties.– The
Government may, by order, provide for the removal of any difficulty which may
arise in giving effect to the provisions of this
Ordinance.
[232][198. Amendment of Schedules.– The Government may, by notification in the
official Gazette, amend or vary the fines specified in the Eighth Schedule or
add or
exclude any offence from the Fourth and Eighth Schedules.]
FIRST SCHEDULE
[See sections 14 and
35]
Part-A
Decentralised Offices
(i) Civil Defence
(ii) Agriculture (Extension)
(iii) Livestock
(iv) On-Farm Water Management
(v) Soil Conservation
(vi) Soil Fertility
(vii) Fisheries
(viii) Forests (excluding Water Shed Management and
Natural Forests/Guzara Forests,
(ix) Labour
(x) Social Welfare
(xi) Sports and Culture
(xii) Cooperatives
(xiii) Boys Schools
(xiv) Girls Schools
(xv) Technical Education[233]
(xvi) Colleges, (other than professional)
(xvii) Sports
(xviii) Special Education
(xix) Accounts, (excluding District Accounts
Offices)
(xx) Basic & Rural Health
(xxi) Child & Woman Health
(xxii) Population Welfare
(xxiii) Hospitals
(xxiv) Environment
(xxv) Executive Magistracy (excluding the trial
functions)
(xxvi) Land Revenue, Estate
(xxvii) Excise and Taxation
(xxviii) Housing, Urban Development and Physical
Health Engineering Department
(xxix) Local Government & Rural Development
(xxx) District Roads and Buildings
(xxxi) Transport.
Part-B
Other Offices
(i) Coordination
(ii) Human Resource Management
(iii) Community Organization
(iv) Registration Office
(v)
(vi) Legal advice and drafting
(vii) Planning & Development
(viii) Public Health
(ix) Information Technology Development
(x) Information Technology Promotion
(xi) Database
(xii) Literacy Campaigns
(xiii) Continuing Education
(xiv) Vocational Education
(xv) Energy (Micro energy development/generation
projects for use at local community level)
(xvi) Finance & Budget
Part-C
Groups of Offices
(i) District
Coordination: Coordination, Human Resource Management and Civil Defence.
(ii) Agriculture:
Agriculture (Extension), Livestock, Farm Water Management, Soil
Conservation, Soil Fertility, Fisheries, and Forests.
(iii) Community Development: Community Organization, Labour, Social Welfare,
Sports and Culture, Cooperatives, and Registration office.
(iv) Education:
(v) Finance
and Planning: Finance & Budget, Planning & Development, Accounts,
(vi) Health:
Public Health, Basic & Rural Health, Child & Woman Health,
Population Welfare, District and Tehsil (Hqrs.) hospitals.
(vii) Information
Technology: Information Technology Development, Information Technology
Promotion, and Database.
(viii) Law:
Legal advice and drafting.
(ix) Literacy:
Literacy Campaigns, Continuing Education, and Vocational Education.
[234][ * * * * * * * * * * *]
[235][(x)] Revenue: Land Revenue & Estate and Excise and Taxation.
[236][(xi)] Works and Services: [237]Spatial Planning and Development, District Roads
and Buildings, Energy, Transport and Environment.
Part D
Group
of Offices Offices
(i) Public Transport Public transportation and mass transit
Passenger
and freight transit terminals
Traffic
planning, engineering and parking
(ii)
Cottage,
small and medium sized enterprise promotion
Investment
promotion and protection
(iii) Depending upon the economies of scale and
nature of infrastructure the City District Government may vary grouping of
offices contained
in Part-C and set up district municipal offices for
integrated development and management of the following services:
(a) Water source development and management,
storage, treatment plants, and macro-distribution.
(b) Sewage tertiary and secondary network,
treatment plants, and disposal.
(c) Storm water drainage network and disposal.
(d) Flood control protection and rapid response
contingency plans.
(e) Natural disaster and civil defence planning.
(f) Solid waste management, treatment and
disposal, including land fill sites and recycling plants.
(g) Industrial and hospital hazardous and toxic
waste treatment and disposal.
(h) Environmental control, including control of
air, water, and soil pollution in accordance with federal and provincial laws
and standards.
(i) Master planning, land use, zoning and
classification, reclassification.
(j) Urban design and urban renewal programme;
promulgation of building rules and planning standards.
(k) Parks, forests, play grounds, sporting, and
other recreational facilities.
(l) Museums, art galleries, libraries, community
and cultural centres.
(m) Conservation of historical and cultural
assets.
(n) Landscape, monuments, and municipal
ornamentation.
(o) Urban and housing development, including
urban improvement and upgrading, and urban renewal and redevelopment, with care
being taken
to preserve historical and cultural monuments.
(p) Regional markets and city-wide commercial
centres.
[238][(q) Fire
fighting.]
[239][SECOND
SCHEDULE
[See Sections
39(b), 54(1), 54-A, 67(i), 67-A & 88(b)]
Part-I
I. Zila Council.
1. Education tax [240][* * *].
2. Health tax [241][* * *].
3. Any other tax authorized by Government.
4. Local rate on lands assessable to land revenue.
5. Fees in respect of educational and health facilities established or
maintained by the District Government.
6. Fees for licenses or permits and penalties or
fines for violations.
7. Fees for specific services rendered by a District Government.
8. Collection charges for recovery of tax on behalf of the Government,
Tehsil Municipal Administrations and Union Administrations as
prescribed.
9. Toll on roads, bridges, ferries maintained by the District
Government.
10. Rent for land, buildings, equipment, machinery and vehicles.
11. Fee for major industrial exhibitions and other public events
organized by the District Government.
Part-II
II. Zila
Council in City District.
1. Education tax [242][* * *].
2. Health tax [243][* * *].
3. Any other tax authorized by Government.
4. Local rate on lands assessable to land
revenue.
5. Fees in respect of educational and health
facilities established or maintained by the City District Government.
6. Fees for licenses or permits and penalties or
fines for violations.
7. Fees for specific services rendered by City
District Government.
8. Toll on roads, bridges, ferries maintained by
the City District Government.
9. Rent for land, buildings, equipment, machinery
and vehicles.
10. Fee for major industrial exhibitions and other public events
organized by the City District Government.
11. Fee on advertisement.
12. Collection charges for recovery of any tax on behalf of the
Government, Town Municipal Administration, Union Administration or any
statutory authority as prescribed.
13. Fee for approval of building plans, erection and re-erection of
buildings.
14. Charges for execution and maintenance of works of public utility
like lighting of public places, drainage, conservancy and water
supply operated
and maintained by City District Government.
Part-III
III. Tehsil
Council.
1. Local
tax on services as prescribed.
2. Fee on sale of animals in cattle markets.
3. Market fees.
4. Tax on the transfer of immovable property.
5. Property tax rate as specified in section 117.
6. Fee on advertisement other than on radio, television and bill
boards.
7. Fee for fairs, agricultural shows, cattle fairs, industrial exhibition,
tournaments and other public events.
8. Fee for approval of building plans and erection and re-election of
buildings.
9. Fee for licenses or permits and penalties or fines for violations.
10. Charges for development, betterment, improvement and maintenance of
works of public utility like lighting of public places, drainage,
conservancy
and water supply by Tehsil Municipal Administration.
11. Fee on cinemas, dramatical and theatrical shows, and tickets
thereof, and other entertainments.
12. Collection charges for recovery of any tax on behalf of the
Government, District Government, Union Administration or any statutory
authority as prescribed.
13. Rent for land, buildings, equipment, machinery and vehicles.
14. Fee for specific services rendered by a Tehsil Municipal
Administration.
15. Tax on vehicles other than motor vehicles registered in the tehsil.
Part-IV
IV. Town
Council
1. Local tax on services as prescribed.
2. Fees on sale of animals in cattle markets.
3. Market fees.
4. Tax on transfer of immovable property.
5. Fees for fairs, agricultural shows, cattle fairs, tournaments,
industrial exhibitions and other public events organized by the Town
Municipal
Administration.
6. Fees for licenses or permits and penalties or fines for violations.
7. Collection charges for recovery of any tax on behalf of the
Government, City District Government, Union Administration or any statutory
authority as prescribed.
8. Fees on cinemas, dramatical and theatrical shows, and tickets
thereof, and other entertainments.
9. Rent for land, buildings, equipment, machinery and vehicles.
10. Fees for specific services rendered by a Town Municipal
Administration.
11. Property tax rate as specified in section 117.
12. Tax on vehicles other than motor vehicles registered in the town.
[244][13. Fee
for approval of building plans, erection and re-erection of buildings with the
approval of the City District Government.]
Part-V
V. Union
Council.
1. Fees for licensing of professions and vocations as prescribed.
2. Fees for registration and certification of birth, marriages and
deaths.
3. Charges for specific services rendered by the Union Council.
4. Rate for remuneration of Village and Neighbourhood guards.
5. Rate for the execution or maintenance of any work of public utility
like lighting of public places, drainage, conservancy and water
supply operated
by Union Administration.
6. Rent for land, buildings, equipment, machinery and vehicles.
7. Collection charges for recovery of any tax on behalf of the
Government, District Government, Tehsil Administration or any statutory
authority as prescribed.]
THIRD SCHEDULE
[See section 134(6)]
ORGANISATION, DUTIES AND POWERS
OF ZILA MOHTASIB
1. Selection:
(1) The
Government shall constitute a selection committee comprising the following
three members:-
(i) a Judge of the High Court nominated by the Chief Justice of the
Lahore High Court, Lahore;
(ii) a member of the Punjab Public Service
Commission;
[245][(iii) the Additional Chief Secretary].
(2) The selection committee shall advertise the
post specifying the qualifications and experience for the appointment of
Mohtasib.
(3) A person selected by the selection committee
to be a Zila Mohtasib shall be appointed through a notification by the Zila
Council.
(4) The Mohtasib shall take oath before the Zila
Council.
2. Mohtasib not to hold any other office of
profit, etc.
The Mohtasib shall not hold any other
office of profit in the service of
3. Terms and conditions of service:
(1) The Mohtasib shall be entitled to such salary,
allowances and privileges and other terms and conditions of service as the
Government
may determine.
(2) The Mohtasib shall not be governed by the Civil
Servants (Efficiency & Discipline) Rules.
(3) The Mohtasib may be removed from office by the
Zila Council on ground of physical or mental incapacity only.
(4) A Mohtasib removed from office on the ground
under sub-section (3) shall not be eligible to hold any office of profit in the
service
of local government in the district.
4. Jurisdiction, functions, and
powers of the Mohtasib.
(1) The Zila Mohtasib shall, on a complaint by any
aggrieved person or of his own motion, undertake any investigation into any
allegation
of mal-administration on the part of any office of local government
or any of its officers or employees.
(2) The
Zila Mohtasib shall, on a complaint by an official employed at any level of
local government, undertake investigation into allegation
of an unlawful or
motivated order passed by a Nazim, Naib Nazim or any superior or supervisory
officer:
Provided that the Mohtasib shall not
have any jurisdiction to investigate or inquire into any matter which–
(3) is sub-judice before a court of competent
jurisdiction or tribunal or board in
(4) relates
to any matter outside the purview of the local government.
(5) Notwithstanding anything contained in sub-clause
(1), the Mohtasib shall not accept for investigation any complaint by or on
behalf
of a public servant or functionary concerning any matter relating to the
department in which he is, or has been, working in respect
of any personal
grievance relating to his service therein.
5. Procedure and Evidence.
(1) A complaint shall be made on solemn affirmation in writing addressed
to the Zila Mohtasib by the person aggrieved or, in the case
of his death, by
his legal representative.
(2) No anonymous or pseudonymous complaints shall
be entertained.
(3) A complaint shall be made not later than six months from the date on
which the person aggrieved first had the notice of the matter
alleged in the
complaint, but the Mohtasib may conduct any investigation pursuant to a
complaint which is not within time if he
considers that there are special
circumstances which make it proper for him to do so.
(4) On acceptance of a complaint, the Mohtasib shall issue to the
Executive District Officer of the office concerned, and any other person
who is
alleged in the complaint, a notice to rebut or redress the complaint:
Provided that the
Mohtasib may proceed with the investigation if no response to the notice is
received within thirty days of the
receipt of the notice or, extension as may
be allowed by the Mohtasib.
(5) The Mohtasib may adopt any lawful procedure he considers appropriate
for investigation.
(6) A person shall be entitled to appear in person or be represented
before the Mohtasib.
(7) The conduct of an investigation shall not affect any action taken by
the department concerned, or any power or duty of that department
to take
further action with respect to any matter subject to the investigation.
(8) For the purposes of an investigation, the Mohtasib may require any
officer or member of the office concerned to furnish any information
or to
produce any document, which is considered relevant and helpful in the
investigation:
Provided that the
Mohtasib may, in his discretion, on grounds of its being a secret, allow claim
of privilege with respect to any
information or document.
(9) In any case where the Mohtasib decides not to conduct an
investigation, he shall send to the complainant a statement of his reasons
for
not conducting the investigation.
(10) The Mohtasib shall regulate the procedure for the conduct of
business or the exercise of powers subject to this Ordinance.
6. Recommendations for implementation:
(1) After having considered a matter, on his own motion, or on a
complaint or on a reference by the Zila Nazim, the Zila council, or
on a motion
by the District Judge, as the case may be, if the Mohtasib determines that it
amounts to mal-administration, he shall
specify a corrective/redressal measure
and communicate his recommendation to the office concerned along with a copy to
the complainant
or the office making a reference to:
(a) consider
the matter further,
(b) modify
or cancel the decision, process or recommendation,
(c) explain
more carefully the act or decision in question,
(d) take disciplinary action against any public servant of any office
under the relevant laws applicable to him,
(e) dispose
of the matter or case within a specified time,
(f) implement
his recommendations to improve the working and efficiency of the office, within
a specified time; or
(g) take
any other step as deemed appropriate by the Mohtasib.
(2) The office concerned shall, within such time as may be specified by
the Mohtasib, inform him about the implementation of his recommendations
or the
reasons for not complying with the same.
7. Non-compliance of recommendation:
(1) In
case of ‘Non-compliance’ of his recommendations, the Mohtasib may refer the
matter to the Zila Nazim who shall direct the office
concerned to implement the
Mohtasib’s recommendations within the specified time limit and inform the
Mohtasib accordingly.
(2) In
case the Zila Nazim believes that implementation of the Mohtasib’s
recommendation is not in the public interest, he shall refer
the matter to the
Mohtasib for reconsideration stating the reasons for non-implementation.
(3) If the Mohtasib reaffirms his earlier recommendation, the Zila
Nazim may refer the matter to the Chairman, Local Government Commission
stating
the grounds for not implementing the Mohtasib’s recommendation in a particular
case.
(4) The
Chairman, Local Government Commission’s decision on a reference by Zila Nazim
under sub-section (3), shall be final.
8. Punitive action on reference by Mohtasib:
(1) Where the Mohtasib is satisfied that any
public servant is guilty of mal-administration, he may also recommend
initiation of disciplinary
action against the concerned official.
(2) In
case the Mohtasib has reason to believe that any public servant has committed
an offence, he may ask the concerned authority
to institute criminal
proceedings against such official.
9. Powers of the Mohtasib:
(1) The
Mohtasib shall, for the purposes of this Ordinance, have the same powers as are
vested in a civil court under the Code of Civil
Procedure, 1908 (Act V of
1908), in respect of the following matters, namely:
(a) summoning
and enforcing the attendance of any person and examining him on oath;
(b) compelling
the production of documents;
(c) receiving
evidence on affidavits; and
(d) issuing
commission for the examination of witnesses.
(2) The
Mohtasib shall have the power to require any person to furnish information on
such points or matters as, in the opinion of the
Mohtasib, may be useful for,
or relevant to, the subject matter of any inspection or investigation.
(3) The powers referred to in sub-clause (1) may be exercised by the
Mohtasib or any person authorised in writing by the Mohtasib.
(4) Where
the Mohtasib finds a complaint or reference to be false, frivolous, vexatious
or mala fide, he may award reasonable
compensation to the office, public servant or other functionary against whom
the complaint was made; and
the amount of such compensation shall be
recoverable from the complainant as arrears of land revenue:
Provided that the award of
compensation under this clause shall not debar the aggrieved person from
seeking civil and criminal remedy.
(5) If
any office, public servant or other functionary fails to comply with a
direction of the Mohtasib, he may, in addition to taking
other actions under
this Ordinance, refer the matter to the appropriate authority for taking
disciplinary action against the person
who disregarded the direction of the
Mohtasib.
10. Power to inspect:
Subject to the provisions of the Code of
Criminal Procedure, 1898 (Act V of 1898), the Mohtasib or any official
authorised by him
may:
(1) inspect
any article, book of accounts or other documents;
(2) take extract or copies of such books of accounts and documents;
(3) impound or seal any articles, books of accounts and documents.
11. Award of costs, compensation and refunds of
amounts:
The Mohtasib may, where he deems
necessary, call upon a public servant, or any office to show cause why
compensation be not awarded
to an aggrieved party for any loss or damage
suffered by him on account of any mal-administration committed by such public
servant
or office, and after hearing such public servant or office, may award
reasonable costs or compensation to the aggrieved person from
the public
servant or office or may withdraw the show cause notice.
12. Assistance and advice to Mohtasib:
(1) The Local Government and its officials shall
provide assistance to the Mohtasib in the performance of his functions under
this Ordinance.
(2) All
officers of any office and any person whose assistance has been sought by the
Mohtasib in the performance of his functions shall
render such assistance to
the extent it is within their power or capacity.
(3) No
statement made by a person or authority in the course of giving evidence before
the Mohtasib or his staff shall subject him to,
or be used against him in any
civil or criminal proceedings except for prosecution of such person for giving
false evidence.
13. Conduct of business:
(1) The Mohtasib shall be the executive head of
his office.
(2) The
district government shall provide budgetary allocation for the office of the
Mohtasib.
(3) The
Mohtasib shall be the Principal Accounting Officer of the office in respect of
the expenditure incurred against budget grant
or grants controlled by the
Mohtasib and shall, for this purpose, exercise all the financial and
administrative powers delegated
to the District Coordination Officer.
14. Affidavits:
The Mohtasib may require any complainant
or any party connected or concerned with a complaint or with any inquiry or
reference,
to submit affidavit attested or notarised before any competent
authority in that behalf within the time specified by the Mohtasib
or his
staff.
15. Mohtasib and staff to be public servants:
The
Mohtasib, the employees, officers and all other staff of the office shall be
deemed to be public servants within the meaning
of section 21 of the Pakistan
Penal Code (Act XLV of 1860).
16. Annual and other reports:
(1) Within three months of conclusion of the
calendar year to which the report pertains, the Mohtasib shall present an
annual report
to the Zila council stating the objectives achieved during a year
including the relief provided to the complainants having grievance
against
maladministration by the district government, and to the Tehsil/Town Council,
in relation to redressal of grievances in
respect of maladministration by
Tehsil/Town or Union Municipal Administration.
(2) Simultaneously,
reports referred to in sub-section (1) shall be released for publication and
copies thereof shall be provided to
the public at reasonable cost.
(3) The Mohtasib may also, from time to time, make public any of his
studies, research, conclusions, recommendations, ideas or suggestions
in
respect of any matter being dealt with by the office.
17. Bar of jurisdiction:
No court or
other authority shall have jurisdiction to grant an injunction or stay or to
make any interim order in relation to any
proceeding sub-judice before the
Mohtasib.
18. Limited immunity:
No suit,
prosecution or other legal proceeding shall lie against the Mohtasib, his
staff, nominees, or any person authorised by
the Mohtasib for any action or
decision taken in good faith to carry out his duties and responsibilities.
19. Informal resolution of disputes:
Notwithstanding anything contained in this
Ordinance, the Mohtasib and a member of the staff shall have the authority to
informally
conciliate, amicably resolve, stipulate, settle or ameliorate any
grievance without written memorandum and without the necessity
of docketing any
complaint or issuing any official notice.
[246][FOURTH SCHEDULE
[See sections 141, 142, 143
and 147]
LIST OF OFFENCES WITH ENFORCEMENT JURISDICTION REQUIRING COURT TRIAL
PART-I
S.No. |
Offence |
Responsibility of
Enforcement |
A. ALL
LOCAL GOVERNMENTS |
||
1. |
Overcharging or illegally
charging any tax, fee, fine, charge or rate by an employee of a local
government or a contractor or
his staff without the authority of a local
government. |
Executive District Officer
(Revenue) for Part-I and Part-II of the Second Schedule. Tehsil/Town Officer
(Finance) for Part-III and Part-IV of the Second Schedule. Secretary Union
Administration for Part-V of the Second Schedule. Officers mentioned against
each offence in the Eighth Schedule. |
2. |
Preparing or using
counterfeit or proscribed Forms of the local government. |
Executive District Officer
(Finance). Tehsil/Town Officer
(Finance). Secretary Union
Administration. |
3. |
Wilfully obstructing any
officer or servant of a local government or any person authorized to exercise
power conferred under
this Ordinance. |
Executive District Officer
concerned. Tehsil/Town Officer
(Municipal Regulations). Secretary Union
Administration. Officer mentioned against
each offence in the Eighth Schedule. |
4. |
Failure to deliver back
possession of property to the local government on cancellation and expiration
of lease. |
Executive District Officer
(Revenue). Tehsil/Town Officer
(Municipal Regulations). Secretary Union
Administration. |
5. |
Doing an act without license
or permission when the doing of such act requires a license or permission
under any of the provisions
of the Ordinance or the rules or bye-laws. |
Executive
District Officer concerned. Tehsil/Town
Officer (Municipal Regulations). Secretary
Union Administration. |
6. |
Evasion of payment of tax or
other impost lawfully levied by a local council. |
Executive District Officer
(Revenue). Tehsil/Town Officer
(Finance). Secretary Union
Administration. |
7. |
Contravention of the
prohibition or attempt or abetment of any of the offences in this Part. |
Officers specified against
each offence in this Part. |
B. CITY
DISTRICT GOVERNMENT |
||
8. |
Discharging any dangerous
chemical, inflammable, hazardous or offensive article in any drain, or sewer,
public water course
or public land vested in or managed, maintained or
controlled by City District Government in such manner as causes or is likely
to cause danger to persons passing by or living or working in neighbourhood,
or risk or injury to property. |
Executive District Officer
(District Municipal Offices), where established under Part-C of the First
Schedule otherwise by Town
Officer (Municipal Regulations). |
9. |
Failure of industrial or
commercial concerns to provide adequate and safe disposal of affluent or
prevention of their mixing
up with the water supply or sewerage system. |
Executive District Officer
(District Municipal Offices), where established under Part-C of the First
Schedule otherwise by Town
Officer (Municipal Regulations). |
10. |
Supplying or marketing
drinking water for human consumption in any form, from any source which is
contaminated or suspected
to be dangerous to public health, or its use has
been prohibited by a local government on the ground of being unsafe for human
consumption, or whose quality and suitability for human consumption has not
been ascertained and certified by a laboratory
authorized by the Government. |
Executive District Officer
(District Municipal Offices), where established under Part-C of the First
Schedule otherwise by Town
Officer (Municipal Regulations). |
11. |
Cultivation of agriculture
produce or crop, for supply or sale to public using such manure, or
irrigating it with sewer water
or any such liquid as may be injurious to
public health or offensive to the neighbourhood. |
Executive District Officer
(Agriculture). |
12. |
Violation of the
prohibitions provided in the Master Plan, the sanctioned Site Development
Schemes under this Ordinance, Cities
Acts, or any other law for the time
being in force including the plans and schemes sanctioned under the repealed
enactments. |
Executive District Officer (Works and Services). |
13. |
Adulteration of any eatable
or drinkable or consumable item sold or supplied to the public. |
Executive District Officer
(Health). |
14. |
Manufacturing, trading,
storing or supplying any eatable or drinkable item and other items unsafe for
human consumption or public
health. |
Executive District Officer (Health). |
C. DISTRICT
GOVERNMENT |
||
15. |
Cultivation of agriculture
produce or crop, for supply or sale to public using such manure, or
irrigating it with sewer water
or any such liquid as may be injurious to public
health or offensive to the neighbourhood. |
Executive District Officer
(Agriculture). |
16. |
Violation of the
prohibitions provided in the Master Plan, the sanctioned Site Development
Schemes under this Ordinance, Cities
Acts, or any other law for the time
being in force including the plans and schemes sanctioned under the repealed
enactments. |
Executive District Officer (Works and Services). |
17. |
Adulteration of any eatable
or drinkable or consumable item sold or supplied to the public. |
Executive District Officer
(Health). |
18. |
Manufacturing, trading,
storing or supplying any eatable or drinkable item and other items unsafe for
human consumption or public
health. |
Executive District Officer (Health). |
D. TEHSIL/TOWN
MUNICIPAL ADMINISTRATION |
||
19. |
Without license from
relevant authority manufacturing, storing, trading or carrying fire crackers,
fire balloons or detonators
or any dangerous chemical, inflammable, hazardous
or offensive article or material. |
Tehsil/Town Officer (Municipal Regulations). |
20. |
Immovable encroachment in or
on or under any property or any open space or land vested in or managed,
maintained or controlled
by a local government. |
Tehsil/Town Officer (Municipal Regulations). |
21. |
Discharging any dangerous
chemical, inflammable, hazardous or offensive article in any drain, or sewer
public water course or
public land vested in or managed, maintained or
controlled by Tehsil Municipal Administration or District Government in such
manner as causes or is likely to cause danger to persons passing by or living
or working in neighbourhood, or risk or injury
to property. |
Tehsil Officer (Municipal Regulations). |
22. |
Erection or re-erection of
building over set back area or parking area or building line area required to
be left open under
the rules for using such space for any purpose which is
not approved. |
Tehsil/Town Officer (Municipal Regulations). |
23. |
Changing or converting into
any other use any portion of a commercial building or area specified or
earmarked for public parking. |
Tehsil/Town Officer (Municipal Regulations). |
24. |
Failure to demolish or
otherwise secure a building declared by the local government to be dangerous
building. |
Tehsil/Town Officer (Municipal Regulations). |
25. |
Failure of industrial or
commercial concerns to provide adequate and safe disposal of affluent or
prevention of their mixing
up with the water supply or sewerage system. |
Tehsil Officer (Municipal Regulations). |
26. |
Establishing any parking
stand on any property or on any open space and public park or land vested in
or managed, maintained
or controlled by a local government on or under a
street, road, graveyard or a drain without the sanction of the relevant local
government. |
Tehsil/Town Officer (Municipal Regulations). |
27. |
Supplying or marketing
drinking water for human consumption in any form, from any source which is
contaminated or suspected
to be dangerous to public health, or its use has
been prohibited by a local government on the ground of being unsafe for human
consumption, or whose quality and suitability for human consumption has not
been ascertained and certified by a laboratory
authorized by the Government. |
Tehsil Officer (Municipal Regulations). |
28. |
Quarrying, blasting, cutting
timber or carrying building operations in such manner as causes or is likely
to cause danger to
persons passing by or living or working in the
neighbourhood. |
Tehsil/Town Officer (Municipal Regulations). |
29. |
Erection or re-erection of a
building without the sanction required under this Ordinance or using a
building for a purpose which
may endanger the security of people. |
Tehsil/Town Officer (Municipal Regulations). |
30. |
Dyeing or tanning skins
within such distance of any commercial or residential areas as may be
specified by the local government. |
Tehsil/Town Officer (Municipal Regulations). |
|
|
|
PART-II |
||
S.No. |
Offence |
Responsibility of
Enforcement |
A. ALL
LOCAL GOVERNMENTS |
||
31. |
Contravention of the
prohibition or attempt or abetment of any of the offences in this Part. |
Officers specified against
each offence in this Part. |
B. CITY
DISTRICT GOVERNMENT |
||
32. |
Manufacturing, keeping,
storing or selling wire thread or any other material meant for kite flying or
in the manner causing
danger to the human life or the electric installations
or disruption in electric supply. |
District Coordination
Officer. |
33. |
Preparation and sale of
article or articles of food or drink by a person apparently suffering from
any infectious or contagious
disease that may endanger the health of people. |
Executive District Officer
(Health). |
C. DISTRICT
GOVERNMENT |
||
34. |
Manufacturing, keeping,
storing or selling wire thread or any other material meant for kite flying or
in the manner causing
danger to the human life or the electric installations
or disruption in electric supply. |
District Coordination Officer. |
35. |
Preparation and sale of
article or articles of food or drink by a person apparently suffering from
any infectious or contagious
disease that may endanger the health of people. |
Executive District Officer
(Health). |
D. TEHSIL/TOWN
MUNICIPAL ADMINISTRATION |
||
36. |
Establishing any cattle
market or baker mandi without
permission of the local government. |
Tehsil/Town Officer (Municipal Regulations). |
37. |
Establishing any bus, wagon,
taxi or other commercial motorized or non-motorized vehicle stand for the
purpose of plying them
on different routes on any road, street, footpath,
public place or any other property vested or managed or controlled or
maintained
by a local government without its permission. |
Tehsil/Town Officer (Municipal Regulations). |
38. |
Establishing or running any
restaurant or vending stalls for eatables on any road, street, footpath,
public place, over a drain,
or any other property vesting in or managed or
controlled or maintained by a local government without its permission. |
Tehsil/Town Officer (Municipal Regulations). |
39. |
Establishing a brick kiln
and lime kiln within such distance of a residential area as may be specified
by the local government. |
Tehsil/Town Officer (Municipal Regulations). |
40. |
Cutting down of any tree, or
erection or demolition of any building or part of a building where such
action is declared under
this Ordinance to be a cause of danger or annoyance
to the public. |
Tehsil/Town Officer (Municipal Regulations). |
41. |
Stocking or collecting
timber, wood, dry grass, straw or other inflammable material or fuels,
adjacent to commercial buildings
or residential houses. |
Tehsil/Town Officer (Municipal Regulations).] |
FIFTH SCHEDULE
[See
sections 191(2) and 192(2)]
Part – I (Rules)
1. Local
government (Conduct of elections);
2. Local
government (Conduct of business of the Local Councils);
3. Local
government (Taxation);
4. Local
government (Servants);
5. Local
government (Budget and accounts);
6. Local
government (Contracts);
7. Local
government (Works);
8. Local
government (Development authorities);
9. Local
government (Regulation of site development schemes);
10. Local government (Forestry excluding guzara forests, protected
forests and water shed management);
11. Local government (Monitoring);
12. Local government (Provision of information and transparency);
13. Local government (Internal Audit);
14. Local government (Employees Performance Bonuses and Incentive);
15. Local government (Public Private Partnership);
16. Local government (Conduct of Inspections).
17. Local government (Elected Officials Conduct);
[247][18. Local
government (Citizen Community Board);
19. Local government (Procurement);
20. Local government (Fiscal Transfers);]
[248][21]. Any other set of rules necessary for implementation of this
Ordinance.
Part – II (Bye-laws)
1. Conduct
of meetings.
2. Registration
of births, deaths and marriages.
3. Zoning,
master planning, and buildings.
4. Dangerous
buildings and structures.
5. Prevention
of encroachments.
6. Local
government (Elective officials remuneration and allowances)
7. Local
government (Agricultural development)
8. Local
government (Community development).
9. [249][*
* * * * * * * * * * *]
10. Registration of sale and control of cattle
and animals.
11. Registration, management and regulation of
orphanages, widow homes, senior citizens homes, homes for the mentally ill, and
women
in distress.
12. Regulation of burial and cremation places.
13. Slaughter of animals and maintenance of
slaughterhouses.
14. Prevention of adulteration of foodstuffs.
15. Animal husbandry and milk supply.
16. Prevention and abatement of nuisances.
17. Dangerous and offensive trades and articles.
18. Regulation of traffic.
19. Organization and regulation of fairs, shows,
tournaments and other public gatherings.
20. Prevention
of beggary, juvenile delinquency and other social evils.
21. Licensing.
22. Markets.
23. Libraries.
24. Parks and open places.
25. Prevention of air, water, noise, and soil
pollution.
26. Forests and plantations.
27. Local government property.
28. Farm produce markets.
29. Delegation of powers, duties, and functions
of the sub-committees of farm produce market committees if any.
30. Encroachment on any public road, public
street, or public place.
31. Picketing, parking animals or collecting
carts or vehicles on any street.
32. Throwing or placing any refuse on any
street, or in any place not provided or appointed for the purpose.
33. Dyeing or tanning animal skins.
34. Tampering with any main pipe, or any
apparatus or appliance for the supply of water.
35. Excavation of earth, stone or any other
material.
36. Disposing of carcasses of animals.
37. Use of sewer water for farming.
38. Flow or drain to be put upon any street, or
public place, or into an irrigation channel or any sewer or drain not set apart
for
the purpose.
39. Fixing any bill, notice, placard, or other
paper or means of advertisement against or upon any building or place other
than the
places fixed for the purpose by the local government.
40. Fixing of wooden khokhas, plying of
handcarts for the sale of goods, and temporary or permanent shops or extensions
thereof on footpaths
or beyond the street line.
41. Pollution of air, water or soil.
42. Watering cattle or animals, or bathing or
washing at, or, near a well or other source of drinking water for the public.
43. Other matters as in the opinion of the Zila
council are necessary or expedient to be provided for in the byelaws.
SIXTH SCHEDULE
[See section 195]
Animals
1. Prohibition
of picketing or tethering in streets.– No animal shall be picketed or tethered in such streets or places as may
be specified by the concerned local government and any animal
found picketed or
tethered in any such street or place shall be liable to seizure and impounding.
2. Prohibition against keeping
and maintaining cattle.– (1) Notwithstanding anything to the contrary
contained in any other law or any agreement, instrument, custom or usage or
decree,
judgment or order of any court or other authority, the concerned local
government may declare any part of its local area as a prohibited
zone.
(2) At any time after declaration under sub-paragraph (1) has been
made, the local government may, by general or special notice, prohibit
the
keeping and maintaining the cattle by any person in the prohibited zone.
(3) No person shall, after the expiry of the period fixed under
sub-paragraph (2), keep or maintain cattle in any part of the prohibited
zone:
Provided
that the prohibition shall not apply to–
(i) cattle kept bona fide for sacrificial purpose;
(ii) cattle kept for drawing carts or use in mills,
with the permission of the local government and subject to such conditions as
it
may impose;
(iii) cattle under treatment in any veterinary
hospital;
(iv) cattle brought to a cattle market demarcated
by the local government for the purpose of sale; and
(v) cattle brought to a slaughterhouse or kept by
butchers for the purpose of slaughter within the area demarcated by the local
government.
(4) Persons affected by
the prohibition order under sub-paragraph (2) to meet their genuine needs may
be allowed to keep and maintain
their cattle at the places earmarked as “cattle
colonies” by the local government on such terms and conditions as it may
impose.
3. Dangerous
animals.– The concerned council may, by
byelaw, define the animals which shall be deemed to be dangerous animals and
the circumstances under
which animals not otherwise dangerous shall be deemed
to be dangerous and such byelaws, among other matters, may provide for the
detention, destruction or disposal otherwise of such animals.
4. Disposal
of carcasses.– Whenever an animal
in the charge of a person dies, otherwise than by being slaughtered for sale or
consumption or for some other
religious purpose such person shall either–
(a) convey the carcasses within twenty-four hours
to a place, if any, fixed by the concerned local government for the disposal of
the
dead bodies of animals or to a place beyond the limits of its local area,
not being a place within two kilometers of such limits;
or
(b) give notice of the death to the local
government whereupon the local government shall cause the carcass to be
disposed of and charge
such fees from the person concerned as the byelaws may
provide.
5. Animal husbandry.– (1)
The concerned local government may provide for the establishment, maintenance
and management of veterinary hospitals and dispensaries
and by byelaws regulate
their working and fix the fees to be charged for treatment in such hospitals
and dispensaries.
(2) A council may, by
byelaws, define contagious diseases among animals and provide for measures that
shall be adopted for prevention
of the spread of such diseases including the
compulsory inoculation of animals, and the subjection to such treatment as may
be
necessary of such animals as may be suspected to have been infected with
carriers of any such disease.
6. Animal farms.– The concerned local government may establish,
maintain and manage cattle farms and poultry farms, and such farms shall
be managed and administered in such manner as the byelaws
may provide.
7. Registration
of the sale of cattle.– The
concerned local government may, by byelaws, require that sale of such animals
as may be specified shall be registered with the
concerned local government in
such manner and subject to the payment of such fees as the byelaws may provide.
8. Cattle shows, zoo, etc.– (1)
The concerned local government shall not hold cattle shows and fairs within the
limits of its local area, but may hold bakar mandis for sale of cattle
meant for slaughter and charge such fee per cattle head sold as the byelaws may
provide:
Provided
that where urban local council was holding cattle shows and fairs earlier
within the limits of its local area the successor
local government may continue
holding such cattle shows and fairs and charge such fees from the people
attending such shows or
fairs, as the byelaws may provide.
(2) A local government may, with the previous
approval of the Government, maintain or contribute towards the maintenance of
zoological
gardens.
9. Registration and control of dogs.– (1) A local council may make bye-laws to
provide for the registration of all dogs kept within such area or areas within
its local area
as may be specified.
(2) Such bye-laws shall–
(a) require the registration, by the concerned
local government of all dogs kept within the area or areas specified or any
part thereof.
(b) require that every registered dog shall wear a
collar to which shall be attached a metal token to be issued by the
registration
authority of the concerned local government and fix the fee
payable for the issue thereof;
(c) require that any dog which has not been
registered or which is not wearing such token shall, if found in any public
place, be detained
at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such
detention and provide that any such dog shall be liable to be destroyed or
otherwise
disposed of unless it is claimed and the fee in respect thereof is
paid within one week, and may provide for such other mattes as
the concerned
local government thinks fit.
(3) A local government may–
(a) cause to be destroyed or confined for such
period as it may direct, any dog or other animal which is, or is reasonably
suspected
to be, suffering from rabies, or which has been bitten by any dog or
other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that, after such date
as may be specified in the notice, dogs which are without collars or without
marks
distinguishing them as private property and are found straying on the
streets or beyond the enclosures of the houses of their owners,
if any, may be
destroyed, and cause them to be destroyed accordingly [250][;
and]
[251][(c) require
the owner or person in-charge of any dog–
(i) to restrain it so that it is not set at large in any street without
being muzzled, leashed or chained; and
(ii) to provide immediate information, if the dog belonging to him has
been bitten by any animal suffering or reasonably suspected to
be suffering
from rabies or any other infectious disease.]
(4) No damages shall be payable in respect of any
dog or other animal destroyed or otherwise disposed of under this paragraph.
[252][(5) * * * * *
* * * * * * *]
[253][(6) * * * * *
* * * * * * *]
Animal Trespass
10. Power
to seize.– (1) A cultivator,
tenant, occupier, vendee or mortgagee of any land or crop or produce or any
part thereof or any person who has
advanced cash for the cultivation of crop
may seize or cause to be seized any animal trespassing on such land and doing damage
thereto, or any crop or produce thereon, to send them or cause them to be sent
within twenty-four hours to a pound established under
this Ordinance.
(2) Persons in charge of public roads, pleasure
grounds, plantations, canals, drainage works, embankments and the like, and the
officers
of police, may seize or cause to be seized animals doing damage
thereto, and shall send them or cause them to be sent, within twenty-four
hours
of the seizure, to the nearest animal pound.
11. Pounds.– The concerned local
government may establish such number of animal pounds as may be necessary and
may fix, from time to time, the
location of the animal pounds, the rate of
feeding, watering and accommodating the impounded animals.
12. Pound keepers.– The local
government may appoint pound-keepers on whole-time or part-time basis on such
terms and conditions as may be fixed.
13. Registers and returns.– (1)
A pound-keeper shall keep such registers and furnish such returns as may be
required by the concerned local government.
(2) When animals are brought to the pounds, the
pound-keeper shall enter in the register the number and description of animals,
the
day and hour on which they were so brought, the name and residence of the
seizurer and that of the owner, if known, and shall give
the seizurer or his
agent a copy of such entry.
14. Possession
and feeding.– The pound-keeper
shall take charge of, feed and water the animals until they are disposed of as
hereinafter provided.
15. Fines for impounded animals.–
For every animal impounded under this Ordinance, the pound-keeper shall levy a
fine in accordance with the scale fixed by the concerned
local government and
the fines so charged shall form part of and be credited to the local fund.
16. Delivery or sale of animals.–
(1) If the owner of an impounded animal or his agent appears and claims the
animal, the pound-keeper shall deliver it to him on
payment of the fine and
charges incurred in respect of such animal under proper receipt to be recorded
by the owner or his agent
in the register.
(2) If the animal is not claimed within seven days
of impounding, the pound-keepers shall inform the officer in charge of the
Police
Station who shall thereupon display at a conspicuous place in his office
a notice stating the number and description of animals
and places of seizure
and impounding. A similar notice shall be displayed at a conspicuous place in
the office of the concerned
local government.
(3) If the animal is not claimed within seven days
of the notice it shall be sold by the local government by open auction after
giving
sufficient publicity in the local area:
Provided that the person auctioning the
animals or the pound-keeper or his relatives shall not bid for or purchase the
impounded
animals.
(4) The proceeds of the sale of the animal shall
be paid to the owner if he appears within six months of the sale, after
deduction of
fines, feeding and other charges.
Arboriculture
17. Arboriculture.– The
concerned local government shall plant trees on public streets and other public
places within its local area and take all such
steps as may be necessary for
the plantation and protection of trees on such streets and places.
18. Forests.– The concerned
local government may, in the manner prescribed, frame and enforce plans
providing for the improvement, development
and exploitation of forests and
maintain, plan and work forests in accordance with such plans.
19. Nuisance pertaining to trees
and plantations.– (1) A council may, by byelaws, determine the pests of
trees and plants and provide for their destruction.
(2) If any land or premises within the local area
of the concerned local government is grown with rank or noxious vegetation, or
under-growth,
the local government may by notice require the owner or the
occupier of such land or premises to clear such vegetation or under-growth
within a specified time and if he fails to do so within such time, the local
government may have such vegetation or under-growth
cleared and the cost
incurred shall be deemed to be a tax levied on the owner or occupier under this
Ordinance.
(3) The concerned local government may, in the
manner provided in the byelaws, prohibit the cultivation of any crop which is
considered
dangerous to public health within such part of its local area as may
be specified.
Boundaries and
Trees
20. Boundary walls, hedges and fences.– (1)
No boundary wall, hedge or fence of any material or description shall be
erected in such parts of a local area as are specified
by a local government
without the permission in writing of the concerned local government.
(2) A local government may, by notice in writing,
require the owner or lessee of any land in its local area–
(a) to remove from the land any boundary wall,
hedge or fence which is, in its opinion unsuitable, unsightly or otherwise objectionable;
or
(b) to construct on the land sufficient boundary
walls, hedges or fences of such material, description or dimensions as may be
specified
in the notice; or
(c) to main the boundary walls, hedges or fences
of such lands in good order:
Provided that, in the case of
any such boundary wall, hedge or fence which was erected with the consent or
under the orders of the
concerned local government or which was in existence at
the commencement of this Ordinance the concerned local government shall
make
compensation for any damage caused by the removal thereof.
(3) A local government may, by notice in writing, require the owner,
lessee or occupier of any such land to cut or trim any hedge on
the land in
such manner and within such time as may be specified in the notice.
21. Felling, lopping and trimming of trees.– (1)
Where, in the opinion of the concerned local government the felling of any tree
of mature growth standing in a private enclosure
in its local area is necessary
for any reason, the concerned local government may, by notice in writing,
require the owner, lessee
or occupier of the land to fell the tree within such
time as may be specified in the notice.
(2) A local government may–
(a) cause to be lopped or trimmed any tree
standing on land in its local area which belongs to the local government; or
(b) by public notice require all owners, lessees
or occupiers of land in its local area or by notice in writing require the
owner, lessee
or occupier of any such land, to lop or trim, in such manner as
may be specified in the notice, all or any trees standing on such
land or to
remove any dead trees from such land.
[254][22. Digging
of Public Land.– No person shall, without the permission in writing of
the concerned local government, dig up the surface of any open space which
is
not a private property or take out earth therefrom.]
23. Improper use of land.– (1) If in the opinion of a local
government the working of a quarry in its local area or the removal of stone,
sand, earth or other
material from the soil in any place in its local area is
dangerous, to persons residing in or frequenting the neighbourhood of such
quarry or place, or creates, or is likely to create, a nuisance, the concerned
local government may, by notice in writing, prohibit
the owner, lessee or
occupier of such quarry or place or the person responsible for such working or
removal, from continuing or
permitting the working of such quarry or the moving
of such material, or require him to take such steps in the matter as the local
government may direct for the purpose of preventing danger or abating the
nuisance or likely to arise therefrom.
(2) If, in any case
referred to in sub-paragraph (1), the
concerned local government is of the opinion that such a course is necessary in
order to prevent imminent danger, it may,
by order in writing, require a proper
hoarding or fence to be put up for the protection of passers-by.
Building and Land Use Control
24. Sanction for buildings.–
No person shall erect or re-erect a building or commence to erect or re-erect a
building on any land in a local area except with
the previous sanction of the
concerned local government nor otherwise than in accordance with the provisions
of this Ordinance
and of the rules and bye-laws made under this Ordinance relating
to the erection and re-erection of buildings:
Provided that a local
government may, with the approval of the concerned local council, exempt any
25. Notice of new buildings.–
(1) Whoever intends to erect or re-erect any building in a local area shall
apply for sanction by giving notice in writing of his
intention to the
concerned local government.
(2) For the purposes of
this Ordinance, a person shall be deemed to erect or re-erect a building who–
(a) makes any material alteration of enlargement
of any building, or
(b) converts into a place for human habitation any
building not originally constructed for that purpose, or
(c) converts into more than one place for human
habitation a building originally constructed as one such place, or
(d) converts two or more places of human
habitation into one such place or into greater number of such places, or
(e) converts a building or a site or land meant
for one particular use or in one particular zoning area into any other use or a
use
meant for another zoning area, or
(f) converts into a stable, cattle-shed or
cow-house any building originally constructed for human habitation, or
(g) makes any alteration which there is reason to
believe is likely to affect prejudicially the stability or safety of any
building
or the condition of any building in respect of drainage, sanitation or
hygiene, or
(h) makes any alteration to any building which
increases or diminishes the height of, or area converted by, or the cubic
capacity of,
the building, or which reduces the cubic capacity of any room in
the building below the minimum prescribed by any bye-law made under
this Ordinance.
26. Conditions of valid notice.– (1)
A person giving the notice required by paragraph 25 shall specify the purpose
for which he intends to use the building.
(2) Where a plan to re-lay a street has been
approved by the concerned local government, a person who intends to erect or
re-erect a
building or commences to erect or re-erect a building shall adopt
the approved building or street line and for this purpose any
space required to
be left vacant shall vest in the local government.
(3) No
notice shall be valid until it is made in the manner prescribed in the bye-laws
made under this Ordinance along with plans and
other information which may be
required therein, have been furnished to the satisfaction of the concerned
local government along
with the notice.
27. Power of [255][Local Government] to sanction or refuse.– (1)
The concerned local government may, for reasons to be recorded in writing,
either refuse to sanction the erection or re-erection,
as the case may be, of
the building, or may sanction it either absolutely or subject to such
directions as it thinks fit in respect
of all or any of the following matters,
namely:-
(a) the free passage or way to be left in front of
the building;
(b) the space to be left around the building;
(c) the ventilation of the building, the minimum
cubic area of the rooms and the number and height of the storeys of which the
building
may consist;
(d) the provision and position of drains,
latrines, urinals, cesspools or other receptacles for wastes;
(e) the level and width of the foundation, the
level of the lowest floor and the stability of the structure;
(f) the line of frontage with neighbouring
buildings if the building abuts on a street;
(g) the means to be provided for egress from the
building in case of fire;
(h) the
materials and method of construction to be used for external and internal walls
for rooms, floors, fire-places and chimneys;
(i) the height and slope of the roof above the
uppermost floor upon which human beings are to live or cooking operations are
to be carried
on; and
(j) any other matter affecting the ventilation,
sanitation safety or environmental aspects of the building and its relationship
with
the surrounding buildings or areas;
and the person erecting or
re-erecting the building shall obey all such written directions in every
particular.
(2) The concerned local government may refuse to
sanction the erection or re-erection of any building, either on grounds
sufficient
in the opinion of the concerned local government affecting the
particular building, or in pursuance of a notified general scheme
or plan of
the concerned local government, restricting the erection or re-erection of
buildings within specified limits or for
any other public purpose.
(3) The concerned local government before sanctioning
the erection or re-erection of a building on land which is under the management
of the Federal or Provincial Government or any agency thereof, shall ascertain
in writing within thirty days of application whether
there is any objection on
the part of the concerned Government to such erection or re-erection.
(4) The concerned local
government may refuse to sanction the erection or re-erection of any building–
(a) when the land on which it is proposed to erect
or re-erect the building is held on a lease from the Federal or Provincial
Government
if, the erection or re-erection constitutes a breach of the terms of
the lease, or
(b) when the land on which it is proposed to erect
or re-erect the building is not held on a lease from the Government, if the
right
to build on such land is in dispute between the person applying for
sanction and the Government.
(5) If the concerned local government decides to refuse to sanction the
erection or re-erection of the building, it shall communicate
in writing the reasons
for such refusal to the person by whom notice was given.
(6) Where the concerned
local government neglects or omits, for forty five days after the receipt of a
valid notice, to make and to
deliver to the person who has given the notice any
order of any nature specified in this paragraph, and such person thereafter by
a written communication sent by registered post to the concerned local
government calls the attention of the concerned local government
to the neglect
or omission, then, if such neglect or omission continues for a further period
of fifteen days from the date of such
communication, the concerned local
government shall be deemed to have given sanction to the erection or
re-erection, as the case
may be, unconditionally to the extent that it does not
contravene the provisions of the building bye-laws and any notified general
scheme for the area:
Provided
that, in any case to which the provisions of sub-paragraph (3) apply, the
period of forty five days herein specified shall
be reckoned from the date on
which the concerned local government has received the report referred to in
that sub-paragraph.
(7) The concerned local government may, after giving notice and for
reasons to be recorded, cancel, modify or withdraw the sanction of
a site plan at
any time before construction has commenced or been made.
(8) Nothing in this
paragraph shall apply to any work, addition or alteration which the concerned
council may, by byelaws, declare to
be exempt.
28. Compensation.– (1) No
compensation shall be claimed by any person for any damage or loss which he may
sustain in consequence of the refusal of
the local government of sanction to
the erection of any building or in respect of any direction issued by it under
sub-paragraph
(1) of paragraph 27.
(2) The concerned local government shall make compensation to the owner
of any building for any actual damage or loss sustained by him
in consequence
of the prohibition of the re-erection of any building or of its requiring any
land belonging to him to be added
to the street:
Provided
that the concerned local government shall not be liable to make any
compensation in respect of the prohibition of the re-erection
of any building
which for a period of three years or more immediately preceding such refusal
has not been in existence or has been
unfit for human habitation.
29. Lapse of sanction.–Every
sanction for the erection or re-erection of a building given or deemed to have
been given by the concerned local government
as hereinbefore provided shall be
available for one year from the date on which it is given, and, if the building
so sanctioned
is not begun by the person who has obtained the sanction or
someone lawfully claiming under him within that period, it shall not
thereafter
be begun unless the concerned local government on application made therefor has
allowed an extension of that period.
30. Period
for completion of building.–The
concerned local government, when sanctioning the erection or re-erection of a
building as hereinbefore provided, shall specify
a reasonable period after the
work has commenced within which the erection or re-erection is to be completed,
and, if the erection
or re-erection is not completed within the period so
fixed, it shall not be continued thereafter without fresh sanction obtained
in
the manner hereinbefore provided, unless the concerned local government on
application made therefor has allowed an extension
of that period:
Provided that not more than two such extensions shall be
allowed by the concerned local government in any case.
31. Illegal erection and
re-erection.– [256][No
person shall begin, continue or complete] the erection or re-erection of a
building–
(a) without having given a valid notice as
required by paragraphs 25 and 26 or before the building has been sanctioned or
is deemed
to have been sanctioned, or
(b) without complying with any direction made
under sub-paragraph (1) of paragraph 27, or
(c) when sanction has been refused, or has ceased
to be available, or has been suspended by the concerned local government.
[257][* * * * * * * * * * * * *]
32. Power to stop erection or
re-erection or to demolish.– (1) A local government may, at any time, by
notice in writing, direct the owner, lessee or occupier of any land in its
local area
to stop the erection or re-erection of a building in any case in
which the concerned local government considers that such erection
or
re-erection is an offence under paragraph 31, and may in any such case or in
any other case in which the concerned local government
considers that the
erection or re-erection of a building is an offence under paragraph 31 within
twelve months of the completion
of such erection or re-erection in like manner
direct the alteration or demolition, as it thinks necessary, of the building,
or
any part thereof, so erected or re-erected:
Provided that the concerned
local government may, instead of requiring the alteration or demolition of any
such building or part
thereof, accept by way of composition such sum as it
thinks reasonable.
33. Completion of building or
alteration of buildings.– (1) Every person who has erected or re-erected a
building shall, within thirty days of the completion of the building, report
such
completion to the concerned local government.
(2) The concerned local
government may cause to be inspected any building of which construction has
begun or which has been erected
or re-erected in violation or contravention of
any provision of this Ordinance, rules or the byelaws or of the master plan or
site
development scheme, if any. The local government may require the
alteration of the building so as to be in compliance therewith,
and where such
alteration is not possible, it may require the building or any part thereof to
be demolished, or on the application
of the owner of such building compound the
offence on payment of such composition fee as may be deemed reasonable.
(3) If a building is required to be demolished
under the provisions of sub-paragraph (2) and such requirement is not complied
with,
within the specified period, the local government may have the building
demolished through its own agency and the cost so incurred
shall be deemed to
be a tax levied on the owner or occupier of the building under this Ordinance.
34. Regulation of buildings.–
(1) Except with the prior sanction of the concerned local government, no
building shall be put to a use other than shown in the
building plan according
to which it was erected or re-erected:
Provided
that the local government shall not sanction any change in the use of a
building which may be in violation or contravention
of the master plan or site
development scheme, if any.
(2) If any building or
anything fixed thereon be deemed by the concerned local government to be in a
ruinous state or likely to fall
or in any way dangerous to any inhabitant of
such building or of any neighbouring building or to any occupier thereof or to
passers-by,
the local government may, by notice, require the owner or occupier
of such building to demolish it or to take such action in regard
to the
building as may be specified in the notice, and if there is default, the local
government may take necessary action and
the cost so incurred shall be deemed
to be a tax levied on the owner or occupier of the building under this
Ordinance.
(3) If a building is so ill constructed, or
dilapidated or in dangerous condition or otherwise unfit for human habitation,
the concerned
local government may prohibit the occupation of such building
till it has been suitably repaired to the satisfaction of the local
government.
(4) If the building is in
dangerous condition and declared unfit for human habitation, the concerned
local government may, for the purpose
of demolition, eject the owner or
occupier from such building with such necessary force as may be required or in
the manner laid
down in paragraph 47.
(5) Where it appears to the concerned local government that any block of
buildings is in an unhealthy condition by reason of the manner in which the
buildings
are crowded together, or of the narrowness or closeness of the
street, or of the want of proper drainage or ventilation, or of the
impracticability of cleansing the buildings or other similar cause, it may
cause the block to be inspected by a committee consisting
of such officials of
the concerned local government as prescribed in the bye-laws.
The
committee shall make a report in writing to the concerned local government on
the sanitary condition of the block, and if it
considers that the condition
thereof is likely to cause risk of disease to the inhabitants of the building
or of the neighbourhood
or otherwise to endanger the public health it shall
clearly indicate on a plan verified by a senior technical professional of the
concerned local government the buildings which should in its opinion wholly or
in part be removed in order to abate the unhealthy
condition of the block.
If,
upon receipt of such report, the concerned local government is of the opinion
that all or any building indicated should be removed,
it may, by notice in
writing, require the owners, thereof to remove them:
Provided
that the concerned local government shall make compensation to the owners for
any buildings so removed which may have been
erected under proper authority:
Provided
further that the concerned local government may, if it considers it equitable
in the circumstances so to do, pay to the
owners such sum as it thinks fit as
compensation for any buildings so removed which have not been erected under
proper authority.
For
the purposes of this sub-paragraph “buildings” includes enclosure walls and fences appertaining to
buildings.
(6) Where it appears to a local government that
any building or part of a building which is used as a dwelling house is so
overcrowded
as to endanger the health of the inmates thereof, it may, after
such inquiry as it thinks fit, by notice in writing require the
owner or
occupier of the building or part thereof, as the case may be, within such time
not being less than one month as may be
specified in the notice, to abate the
overcrowding of the same by reducing the number of lodgers, tenants, or other
inmates to
such number as may be specified in the notice. [258][* * *]
35. Projections and obstructions.–
(1) No owner or occupier of any building in a local area shall, without the
permission in writing of the concerned local government
add to or place against
or in front of the building any projection or structure overhanging, projecting
into, or encroaching on,
any street or any drain, sewer or aqueduct therein.
(2) The concerned local government may, by notice
in writing, require the owner or occupier of any such building to alter or
remove
any such projection or encroachment as aforesaid:
Provided
that, in the case of any projection or encroachment lawfully in existence at
the commencement of this Ordinance, the concerned
local government shall make
compensation for any damage caused by the removal or alteration thereof.
36. Unauthorized buildings over
drains, etc.– A local government may, by notice in writing, require any
person who has, without its permission in writing, newly erected or re-erected
any structure over any public sewer, drain, culvert, water-course or water-pipe
in its local area to pull down or otherwise deal
with the same as it thinks
fit.
37. Drainage and sewer
connections.– (1) A local government may, by notice in writing, require the
owner or lessee of any building or land in any street, at his own
expense and
in such manner as the concerned local government thinks fit, to put up and keep
in good condition proper troughs and
pipes for receiving and carrying rain
water from the building or land and for discharging the same or to establish
and maintain
any other connection or communication between such building or
land and any drain or sewer.
(2) For the purpose of efficiently draining any
building or land in its local area, the concerned local government may, by
notice in
writing, require the owner or lessee of the building or land–
(a) to pave, with such materials and in such
manner as it thinks fit, any courtyard, ally or passage between two or more
buildings,
or
(b) to keep any such paving in proper repair.
38. Power to attach brackets for
lamps.–A local government may attach to the outside of any building, or to
any tree in its local area, brackets for lamps in such manner
as not to
occasion injury thereto or inconvenience.
39. Power to make bye-laws.–A
local council may make bye-laws prescribing–
(a) the manner in which notice of the intention to
erect or re-erect a building in its local area shall be given to the local
government
and the information and plans to be furnished with the notice;
(b) the type or description of buildings which may
or may not, and the purpose for which a building may or may not, be erected or
re-erected
in its local area or any part thereof;
(c) the minimum cubic capacity of any room or rooms
in a building which is to be erected or re-erected;
(d) the fees payable on provision by the concerned
local government of plans or specifications of the type of buildings which may
be
erected in the [259][local
area] or any part thereof;
(e) the circumstances in which a mosque, temple or
church or other sacred building may be erected or re-erected; and
(f) any other matter which the concerned local
government may consider necessary including any specific exemption from the
application
of the bye-laws.
Burial Places and
Cremation
40. Power
to call for information regarding burial and burning grounds.– (1) The concerned local government may, by notice in
writing, require the owner or person in charge of any burial or burning ground
within
its area to supply such information as may be specified in the notice
concerning the condition, management or position of such ground.
(2) No place which has not been used as a burial
or burning ground before the commencement of this Ordinance shall be so used
without
the permission in writing of the concerned local government.
(3) No new burial or burning place shall be
established within the local area of a local government except under a licence
granted by
the local government and in conformity with the condition of such
licence.
(4) A burial or burning place which is not
administered by a local government shall be registered with the concerned local
government
and shall be subject to regulation, supervision and inspection by it
in such manner as the byelaws may provide.
(5) The
Government may, by notification in the official Gazette, declare that any
burial or burning place which is open to public for
burial or burning shall
vest in a local government and thereupon such burial or burning place shall
vest in the local government
and it shall take all measures necessary for the
proper maintenance and administration thereof.
(6) The concerned local
government may provide suitable places for the burial or burning of the dead,
and shall take necessary measures
for the proper maintenance and administration
of such burial and burning places.
(7) (a) Where
a local government after making or causing to be made a local inquiry, is of
opinion that any burial or burning ground in
its local area has become
offensive, to, or dangerous to, the health of, persons living in the
neighbourhood, it may, by notice
in writing, require the owner or person in
charge of such ground to close the same from such date as may be specified in
the notice.
(b) Where such notice is issued, the concerned
local government may provide at its own expense or, if the community concerned
is willing
to provide a new burial or burning ground, shall provide a grant to
be made towards the cost of the same.
(8) No corpse shall be buried or burnt in any
burial or burning ground in respect of which a notice issued under this
paragraph is for
the time being in force.
Culture
41. Culture.– The concerned
local government may–
(a) establish and maintain information centres for
the furtherance of civic education and dissemination of information on such
matters
as community development and other matters of public interest;
(b) provide and maintain public halls and
community centres;
(c) celebrate national occasions;
(d) encourage national and regional languages;
(e) promote physical culture and encourage public
games and sports and organize rallies and tournaments.
(f) provide, promote or subsidise facilities for
the recreation of the public.
42. Libraries.– The concerned
local government may establish and maintain such libraries, reading rooms and
circulation libraries as may be necessary
for the use of the public.
43. Fairs and shows.– The
concerned local government may make such arrangements on the occasion of any
fairs, shows or public festivals within its local
area as may be necessary for
the public health, public safety and public convenience, and may levy fees on
the persons attending
such fairs, shows and festivals.
Dangerous Articles
and Offensive Trades
44. Dangerous and Offensive
Articles and Trades.– (1) The articles and trades specified in the Annex
shall be deemed to be dangerous or offensive for the purpose of this paragraph.
(2) Except under and in conformity with the
conditions of a licence granted by the concerned local government–
(a) no person shall carry on any dangerous or
offensive trade;
(b) no premises shall be used or offered to be
used for any dangerous or offensive trade; and
(c) no person shall store or keep in any premises
(i) any dangerous or offensive articles for
domestic use; or
(ii) any dangerous or offensive articles in excess
of such limits and quantity as may be fixed by the byelaws.
(3) Notwithstanding the
grant of a licence under sub-paragraph (2), the concerned local government may,
for reasons to be recorded,
and after notice to the person affected, pass an
order for the prohibition, closure or removal of any offensive and dangerous
trade
or article if such action is deemed expedient or necessary to implement
the order.
Drainage and
Sewerage
45. Drainage.– (1) The
concerned local government shall provide an adequate system of public drains in
its local area and all such drains shall
be constructed, maintained, kept
cleared and emptied with due regard to the health and convenience of the
public.
(2) Every owner or occupier of any land or building within the local
area of the concerned local government may, with its previous permission,
and
subject to such terms and conditions, including the payment of fees, as it may
impose, cause his drains to be emptied into
public drains.
(3) All private drains shall be subject to
control, regulation and inspection by the concerned local government.
(4) Subject to the provisions of any other law for the time being in
force, the concerned local government may by notice direct a commercial
or industrial
concern to provide for the disposal of its waste or effluent in the manner
specified, and failure on the part of
owner, tenant or occupier thereof to
comply with such directions, shall be a municipal offence.
(5) The concerned local government may, by notice, require the owner of
any building, land or an industrial concern within its local
area–
(a) to construct such drains within the building
or land or the street adjoining such building or land and to take such other
measures
for treatment and disposal of effluent as may be specified in the
notice;
(b) to remove, alter or improve any such drains;
and
(c) to take other steps for the effective drainage
of the building or land as may be specified.
(6) In case of failure of
owner to comply with the requirements of notice under sub-paragraph (5), the
concerned local government may
itself cause such requirements to be carried
out, and the cost so incurred shall be deemed to be a tax levied on the owner
of the
building or land, as the case may be, under this Ordinance.
46. Drainage
and sewerage schemes for commercial and industrial area.– (1) The concerned local government may, by
notice, require the owners, tenants and occupiers of commercial and industrial
concerns
in any area or areas within its local area to have at their own cost
prepared a scheme for the adequate and safe drainage and disposal
of their
wastes and effluent of the quality permitted under the rule or the byelaws and
submit it to the local government within
the time specified in the notice:
Provided
that the time limit may be extended by the local government for a maximum
period of three months at the request of the
owners, tenants or occupiers of
the commercial and the industrial units concerned.
(2) The drainage, sewerage and disposal scheme as
approved by the local government with modifications, if any, shall be executed
and
implemented by the owners, tenants or occupiers of the commercial or
industrial units at their expense in such manner and within
such time as may be
specified by the local government.
(3) In case of the failure of the owners, tenants
or occupiers of the commercial or industrial concerns to comply with the
provisions
of sub-paragraphs (1) and (2), the concerned local government may
itself prepare the drainage, sewerage and disposal scheme and
execute and
implement it at its own expense, and the cost so incurred shall, under this
Ordinance, be deemed to be a tax levied
on the owners, tenants or occupiers of
the industrial and commercial units concerned.
Encroachments
47. Encroachment and subsisting
lease and licences.– (1) No person shall make an encroachment movable or
immovable on an open space or land vested in or managed, maintained or
controlled
by a local government, or on, over or under a street, road, graveyard,
within its local area or a drain.
(2) The local government may, after such notice as
may be considered reasonable, remove the encroachment mentioned in
sub-paragraph
(1) with such force as may be necessary.
(3) A person who trespasses into or is in wrongful
occupation of a building or property which is vested in or is managed,
maintained
or controlled by a local government may, in addition to any other
penalty to which he may be liable under this Ordinance or any
other law for the
time being in force, after such notice as may be considered reasonable by the
local government, be ejected from
such building or property by the local
government with such force as may be necessary.
(4) Any person aggrieved by the notice issued
under sub-paragraph (3) may, within seven days, of the service of notice,
appeal to such
authority as may be prescribed in the bye-laws and its decision
thereon shall be final.
(5) Notwithstanding anything contained in any
other law, no compensation shall be payable for any encroachment removed or
ejectment
carried out under this paragraph.
(6) The cost of removal of encroachment or
ejectment under this paragraph shall be payable to the local government by the
encroacher
or wrongful occupier, and if the cost is not paid on demand the
local government may cause it to be recovered as arrears of land
revenue or
cause the materials or articles used by the encroacher or the wrongful occupier
of encroachment or wrongful occupation
to be sold in auction and if the
proceeds of the sale are not sufficient to cover the cost the balance shall be
recoverable as
arrears of land revenue but if such proceeds exceed the cost,
the excess shall be paid to the encroacher or the wrongful occupier.
(7) In this paragraph,
“encroacher” or “wrongful occupier” shall include a person who owns the
materials or articles used for encroachment
or wrongful occupation at the time
of removal of encroachment or ejectment and also any person in possession
thereof on his behalf
or with his permission or connivance.
Environmental
Protection
48. Environmental pollution.–
(1) The concerned local government may prepare and implement schemes for the
prevention of the pollution of air by gases, dust
or other substances exhausted
or emitted by automobile engine, factories, brick or lime kilns, crushing
machines for grain, stone,
salt or other materials and such other sources of
air pollution as the byelaws may provide.
(2) The concerned local government may prepare and
implement schemes for the prevention of the pollution of water or land from
such
sources and in such manner as the byelaws may provide.
(3) A local government may, by notice in writing, require the owner or
part-owner, or person claiming to be the owner or part-owner,
of any building
or land in the area of the concerned local government or the lessee or the
person claiming to be the lessee of
any such land, which, by reason of disuse
or disputed ownership or other cause, has remained unoccupied and has in the
opinion
of the concerned local government become a sanitary or environmental
hazard or otherwise occasions or is likely to occasion a nuisance,
to secure
and enclose the same within such time as may be specified in the notice.
Food and Markets
49. Public markets and
slaughter-houses.– (1) A local government may provide and maintain within
its own local area, public markets and public slaughter-houses, in such number
as it thinks fit, together with stalls, shops, sheds, pens and other buildings
or conveniences for the use of persons carrying
on trade or business in or
frequenting such markets or slaughter-houses, and may provide and maintain in
any such market buildings,
places, machines, weights, scales and measures for
the weighment or measurement of goods sold therein.
(2) The concerned local
government may at any time, by public notice either close or relocate any
public market or public slaughterhouse
or any part thereof.
50. Use of public markets.– (1)
No person shall, without the general or special permission for sale by such
person be summarily removed from the market by or
under the orders of the
concerned local government by any officer or servant of the concerned local
government authorized by it
in this behalf.
(2) Any person contravening the provisions of this
paragraph and any animal or article exposed for sale by such person may be
summarily
removed from the market by or under the orders of the concerned local
government by an officer or servant of the concerned local
government
authorized by it in this behalf.
51. Levy of stallages, rents and
fees.– A local council may, in respect of pubic market and public slaughter
houses–
(a) charge for the occupation or use of any stall,
shop standing, shed or pen in a public market, or public slaughter-house; or
for
the right to expose goods for sale in a public market; or for weighing or
measuring goods sold therein; or for the right to bring
in goods on vehicles or
animals or for animals brought for sale or sold; or for the right to slaughter
animals in any public slaughter-house;
such stallages, rents and fees as it
thinks fit; including that from brokers commission agents, and others
practicing their calling
therein;
(b) or direct the concerned local government to
receive such approved rents and fees leviable as aforesaid or any portion
thereof for
any period not exceeding one year at a time; or
(c) put up to public auctions or dispose of by
private sale, the privilege of occupying or using any stall, shops, standing,
shed or
pen in a public market or public slaughter house for such term and on
such conditions as it may approve.
52. Stallages, rents, etc. to be
published.–A copy of the table of stallages, rents and fees, if any,
leviable in any public market or public slaughter-house, and of the bye-laws
made under this Ordinance for the purpose of regulating the use of such market
or slaughter-house, printed in Urdu and in such
other language or languages as
the local council may direct, shall be affixed in some conspicuous place in the
market or slaughter-house.
53. Private
markets and slaughter-houses.– (1)
No place in a local area other than a public market shall be used as a market,
and no place in a local area other than a public
slaughter-house shall be used
as a slaughter-house, unless such place has been licensed as a market or
slaughter-house, as the
case may be, by the concerned local government.
(2) Nothing in sub-paragraph (1) shall be deemed
to restrict the slaughter of any animal in any place on the occasion of any
festival
or ceremony, subject to such conditions as to prior or subsequent notice
as the concerned local government with the previous sanction
of the local
council may, by public or special notice, impose in this behalf.
(3) [260][* * * * * * * * * * *]
54. Conditions of grant of licence
for private market or slaughter-house.– (1) A local government may charge
such fees as approved by its local council for the grant of a licnece to any
person to open a
private market or private slaughter-house and may grant such
licence subject to such conditions, consistent with this Ordinance
and any bye-laws
made thereunder, as it thinks fit to impose.
(2) The concerned local government may refuse to
grant any such licence for reasons to be recorded.
55. [261][Prohibition of] keeping market or
slaughter-house open without licence, etc.– (1) [262][No
person shall keep] open for public use any market or slaughter-house in respect
of which a licence therefor is suspended, or
after the same has been cancelled [263][*
* *].
(2) When a licence to open a private market or
private slaughter-house is granted or refused or is suspended or cancelled, the
concerned
local government shall cause a notice of the grant, refusal,
suspension or cancellation to be pasted in Urdu and in such other language
or
languages as it thinks necessary, in some conspicuous place nearby the entrance
of the place to which the notice relates.
56. [264][Prohibition
of] using unclicensed market or slaughter-houses.– [265][No person shall], knowing that any market or
slaughter-house has been opened to the public without a licence having been
obtained
therefor when such licence is required by or under this Ordinance, or
that the licence granted therefor is for the time being suspended
or that it
has been cancelled, [266][sell or expose] for sale any article in such
market, or slaughters any animal in such slaughter-house [267][* * *].
57. Prohibition
and restriction of use of slaughter-houses.– (1) Where, in the opinion of the concerned local
government it is necessary on sanitary grounds so to do, it may, by public
notice,
prohibit for such period, not exceeding one month as may be specified
in the notice, or for such further period, not exceeding one
month, as it may
specify by a like notice, the use of any private slaughter-house specified in
the notice, or the slaughter therein
of any animal of any description so specified.
(2) A copy of every notice issued under
sub-paragraph (1) shall be conspicuously posted in the slaughter-house to which
it relates.
58. Power to inspect
slaughter-house.– (1) Any servant of a local government authorized by order
in writing in this behalf by the concerned local government may, if he
has
reason to believe that any animal has been, is being, or is about to be
slaughtered in any place in contravention of the provisions
of this Ordinance
enter into and inspect any such place at any time, whether by day or by night.
(2) Every such order shall specify the place to be
entered and the locality in which the same is situated and the period, which
shall
not exceed seven days, for which the order is to remain in force.
59. Power to make bye-laws.–A
local government may make bye-laws consistent with this Ordinance to provide
for all or any of the following matters, namely:-
(a) the days on, and the hours during, which any
private market or private slaughterhouse may be kept open for use;
(b) the regulation of the design, ventilation and
drainage of such markets and slaughterhouses, and the material to be used in
the construction
thereof;
(c) the
keeping of such markets and slaughter-houses and lands and buildings
appertaining thereto in a clean and sanitary condition,
the removal of filth
and refuse therefrom, and the supply therein of pure water and of a sufficient
number of latrines and urinals
for the use of persons using or frequenting the
same;
(d) the
manner in which animals shall be stalled at a slaughter-house;
(e) the manner in which animals may be
slaughtered;
(f) the
disposal or destruction of animals offered for slaughter which are, from
disease or any other cause, unfit for human consumption;
(g) the
destruction of carcasses which from disease or any other cause are found after
slaughter to be unfit for human consumption;
(h) any other matter which the concerned local
government may consider necessary including any specific exemptions from the
application
of the bye-laws.
60. Byelaws for articles of food
and drink.– The concerned council may, by byelaws–
(a) prohibit the manufacture, sale or preparation
or the exposure for sale of any specified articles of food or drink in any
place or
premises not licensed by the concerned local government;
(b) prohibit the import into its local area for
sale or hawking for sale, of any specified article of food or drink by person
not so
licensed;
(c) prohibit the hawkings of specified articles of
food and drink in such parts of its local area as may be specified;
(d) regulate the time and manner of transport
within its local area of any specified articles of food or drink;
(e) regulate the grant and withdrawal of a licence
under this paragraph and the levying of fees therefor; or
(f) provide for the seizure and disposal of any
animal, poultry or fish intended for food which is diseased, or any article of
food
or drink which is noxious.
61. Milk
supply.– (1) Except under a
licence granted by the concerned local government and in conformity with the
conditions of such licence, no
person shall, unless exempted by the concerned
local government, keep milch cattle for the sale of milk or sell milk or expose
or import milk for sale or manufacture butter, ghee, or any other milk for sale
or dairy product, nor shall any premises be used
for such purpose.
(2) The concerned local government may in the
manner prescribed frame and enforce a milk supply scheme which may among other
matters
provide for the establishment of milkmen’s colonies, the prohibition of
the keeping of milch cattle in the local area or any part
thereof, and the
adoption of such other measures as may be necessary for ensuring an adequate
supply of pure milk to the public.
[268][62. Feeding animals on dirt, etc.– No person shall feed or allow to be fed on filthy or deleterious
substances any animal, which is kept for the purpose of supplying
milk to, or
which is intended to be used for human consumption or allow it to graze in any
place in which grazing has, for sanitary
reasons, been prohibited by public
notice by the local government.]
63. Powers of entry and seizure.– An officer or servant of a local government authorized by it in writing
in this behalf,–
(a) may
at any time enter into any market, building, shop, stall or other place in the
local area for the purpose of inspecting, and
may inspect, any animal, article
or thing intended for human food or drink or for medicine, whether exposed or
hawked about for
sale or deposited in or brought to any place for the purpose
of sale, or of preparation for sale, or any utensil or vessel for preparing,
manufacturing or containing any such article, or thing, and may enter into and
inspect any place used as a slaughter-house and
may examine any animal or
article therein;
(b) may
seize any such animal, article or thing which appears to him to be diseased, or
unwholesome or unfit for human food or drink
or medicine, as the case may be,
or to be adulterated or to be not what it is represented to be, or any such
utensil or vessel
which is of such a kind or in such a state as to render any
article prepared, manufactured or contained therein unwholesome or unfit
for
human food or for medicine, as the case may be.
(2) Any article seized
under sub-paragraph (1) which is of a perishable nature may forthwith be
destroyed if, in his opinion, it is
diseased, unwholesome or unfit for human
food, drink or medicine, as the case may be.
(3) Every animal, article, utensil, vessel or
other thing seized under sub-paragraph (1) shall, if it is not destroyed under
sub-paragraph
(2), be taken before a competent court which shall give orders as
to its disposal.
(4) [269][* * * * * * * * * * * *]
Explanation
I.– If any such article, having been exposed or stored in, or brought to,
any place mentioned in sub-paragraph (1) for sale as asli (pure) ghee,
contains any substance not exclusively derived from milk, it shall be deemed,
for the purposes of this paragraph, to
be an article which is not what it is
represented to be.
Explanation
II.– Meat subjected to the process of blowing shall be deemed to be unfit
for human food.
Explanation III.– The article of
food or drink shall not be deemed to be other than what it is represented to be
merely by reason of the fact that
there has been added to it some substance not
injurious to health:
Provided
that–
(a) such substance has been added to the article
because the same is required for the preparation or production thereof as an
article
of commerce in a state fit for carriage or consumption and not
fraudulently to increase the bulk, weight or measure of the food
or drink or
conceal the inferior quality thereof, or
(b) in the process of production, preparation or
conveyance of such article of food or drink, the extraneous substance has
unavoidably
become intermixed therewith, or
(c) the owner or person in possession of the
article has given sufficient notice by means of a label distinctly and legibly
written
or printed thereon or therewith, or by other means of a public
description, that such substance has been added, or
(d) such owner or person has purchased that
article with a written warranty that it was of a certain nature, substance and
quality and
had no reason to believe that it was not of such nature, substance
and quality, and has exposed it or hawked it about or brought
it for sale in
the same state and by the same description as that in and by which he purchased
it.
Lease and Licences
for Land and Buildings
64. Lease and licences for land
and buildings.– (1) A local government may grant a licence or lease in
respect of any land, open space, building or property vested in it or managed,
maintained or controlled by it on such terms and conditions as may be provided
in the bye-laws.
(2) Notwithstanding anything contained in any
other law or a subsisting lease or licence, the concerned local government may,
after
giving a reasonable notice to the person concerned, vary the terms and
conditions of any lease or licence of land or buildings or
any other property
owned, managed, maintained or controlled by it, in such manner and to such
extent, as it may deem fit, and may
also cancel the lease or licence if the
varied terms and conditions are not acceptable to the lessee or the licensee.
(3) If, on the cancellation of any lease or licence under sub-paragraph
(2) or on the expiry of the period of any lease or licence or
on the
determination or cancellation of a lease or licence on the breach of any of the
terms and conditions thereof in respect
of land or building or any property of
which a local government is the lessor or licensor, any lessee or licensee
holds on or continues
in possession of such land, building or property or if in
any case such land or building or property is required for any public
purpose,
the lessee or licensee on being required to hand over vacant possession within
a specified time refuses or fails to vacate
that land or building or property,
the local government or an officer authorised by it in this behalf may enter
upon and take possession
of such land, building or other property, and may also
demolish and remove the structures, if any, erected or built thereon.
(4) The cost of
demolition and removal of structure under sub-paragraph (3) shall be payable to
the local government by the lessee or
licensee, as the case may be, and if the
cost is not paid on demand, the local government may cause the material of the
structures
demolished and removed to be sold in auction, and if the proceeds of
the sale are not sufficient to cover the cost, the balance
shall be recoverable
as arrears of land revenue, but if such proceeds exceed the cost, the excess
shall be paid to the lessee or
the licensee as the case may be.
(5) In sub-paragraphs (3) and (4) the lessee and
the licensee shall be deemed to include a person who owns the structure at the
time
of removal or demolition and also any person in possession thereof on his
account or with his permission or connivance.
(6) For the purpose of
eviction of lessee or licensee under the provisions of this paragraph, an
officer authorised by a local government
in this behalf may use or cause to be
used such force as may be necessary and may seek Magisterial or Police
assistance.
(7) If any sum is payable by the lessee or
licensee as rent or fee in respect of any land, building or other property on
the day of
recovery of possession thereof, the same shall be recoverable from
him as arrears of land revenue.
Licencing: General
Provisions
65. Power
to vary licence.–If a local
government is satisfied that any place used under a licence granted by it under
this Ordinance is a nuisance or is likely
to be dangerous to life, health or
property, the concerned local government may, by notice in writing, require the
owner, lessee
or occupier thereof to discontinue the use of such place or to
effect such alterations, additions, or improvements as will, in the
opinion of
the concerned local government, render it no longer a nuisance or dangerous.
[270][66. Carrying on trade, etc.,
without licence or in contravention of paragraph
65.– No person
shall carry on any trade, calling or occupation for which a licence is required
without obtaining a licence therefor
or while the licence therefor is suspended
or after the same has been cancelled, or , after receiving a notice under
paragraph
65, use or allow to be used any building or place in contravention thereof.]
Open Spaces
67. Gardens.– (1) The
concerned local government may lay-out and maintain within its local area such
public gardens as may be necessary for the
recreation and convenience of the
public and such public gardens shall be maintained and administered in such
manner as the byelaws,
may provide.
(2) For every public garden there shall be framed
and enforced, in the manner prescribed, a garden development plan, which shall
provide
for the development and improvement of the garden.
68. Open spaces.– The
concerned local government may provide and maintain within its local area such
open spaces as may be necessary for the convenience
of the public and such
spaces shall be grassed, hedged, planted and equipped with such amenities and
in such manner as the byelaws
may provide.
Planning
69. Spatial plan.– The
concerned local government may draw up spatial (master) Plan for its local area
which shall, among other matters, provide for–
(a) a survey of its local area including its
history, statistics, public service and other particulars;
(b) development, expansion and improvement of any
area within the local area;
(c) restrictions, regulations and prohibitions to
be imposed with regard to the development of sites, and the erection and
re-erection
of buildings within the local area; and
(d) such other matters as the concerned local
government may require to be included in the plan.
70. Site development schemes.– (1)
Where a Plan has been drawn up under paragraph 69 and such Plan has been
approved, no owner of land exceeding such area as may
be specified in this
behalf in the Plan so approved shall develop the site or erect or re-erect a
building on any plot of land
covered by the Plan, except in conformity with the
provisions of a site development scheme sanctioned for the area in the manner
prescribed.
(2) Where a Plan has not been drawn up under
paragraph 69, no owner of land shall develop the site or erect or re-erect any
building
on any plot or land except in conformity with the provisions of the
site development scheme sanctioned by the concerned local government.
(3) An owner of land who desires to develop a plot
or a piece of land belonging to him for which no sanctioned site development
scheme
exists, or where the proposed development is not in conformity with the
existing development scheme, he may apply to the concerned
local government for
sanction of his development scheme and the local government may, on such terms
and conditions and on payment
of such fees or charges as may be laid down by it
in its byelaws, sanction the same:
Provided
further that the concerned local government may, after giving notice and for
reasons to be recorded, cancel, modify or
withdraw the sanction any time before
construction in pursuance of the scheme has commenced or been made.
(4) Among other matters, the site development
scheme shall provide for–
(a) the division of the site into plots;
(b) provision for streets, drains and open spaces;
(c) reservation of land for public utility
services to be transferred to the concerned local government;
(d) provisions for acquisition of land by the
local government, if any;
(e) the works that shall be executed at the cost
of the owners of the site or sites; and
(f) the period during which the area shall be
developed.
(5) The land reserved for
public utility services in the Site Development Scheme shall be transferred,
free of cost, by the owner or
the owners to the local government before the
sanction of the scheme. Such land shall not be converted or used for any purpose
other than that shown in the same scheme.
71. Execution of site development
schemes.– (1) The execution of site development scheme shall be subject to
the inspection and control of the concerned local government and
the local
government may from time to time give such directions with regard to the
execution of the scheme as may be deemed necessary.
(2) If any area is developed or otherwise dealt
with in contravention of the provisions of the sanctioned scheme, the local
government
may, by notice, require the owner of such area or the person who has
contravened the provisions to make such alteration, in the
site as may be
specified in the notice, and where such alteration is not made or for any
reason cannot be carried out, the local
government may require and enforce the
demolition of unauthorized structure and notwithstanding anything to the
contrary contained
in any law, no compensation shall be payable for such
demolition.
(3) If an area for which a scheme has been sanctioned is not developed
within the period provided in the scheme and further extension
is not allowed
by the local government, or if the development is not in conformity with the
terms of the site development scheme,
the local government may take over the
development of the scheme and execute the necessary works and the cost so
incurred shall
be deemed to be a tax levied on the owner or owners under this
Ordinance.
Public Health and
Sanitation
72. Insanitary buildings and
lands.– (1) The concerned local government may, by notice, require the
owners or occupier of any building or land which is in insanitary
or
unwholesome state–
(a) to clean or otherwise put in it in a proper
state;
(b) to make arrangements to the satisfaction of
the local government for its proper sanitation; and
(c) to limewash the building and to make such
essential repairs as may be specified in the notice.
(2) If in the opinion of a local government any well, tank, reservoir,
pool, depression, or excavation, or any bank or tree, is in a
ruinous state or
for want of sufficient repairs, protection or enclosure a nuisance or dangerous
to persons passing by or dwelling
or working in the neighbourhood, the
concerned local government may by notice in writing, require the owner or
part-owner or person
claiming to be the owner or part-owner thereof, or,
failing any of them, the occupier thereof to remove the same, or may require
him to repair, or to protect or enclose the same in such manner as it thinks
necessary; and, if the danger is, in the opinion of
the concerned local government
imminent, it shall forthwith take such steps as it thinks necessary to avert
the same.
73. Removal, collection and
disposal of refuse.– (1) The concerned local government shall make adequate
arrangements for the removal of refuse from all public roads and streets,
public latrines, urinals, drains and all buildings and lands vested in the
local government and for the collection and proper disposal
of such refuse.
(2) The occupiers of all other buildings and lands
within the local area of a local government shall be responsible for the
removal
of refuse from such buildings and land subject to the general control
and supervision of the local government where relevant.
(3) The concerned local government shall cause
public dustbins or other suitable receptacles to be provided at suitable places
and where
such dustbins or receptacles are provided, the concerned local
government may, by public notice, require that all refuse accumulating
in any
premises or land shall be deposited by the owner or occupier of such premises
or land in such dustbins or receptacles.
(4) All refuse removed and collected by the staff
of a local government or under their control and supervision and all refuse
deposited
in the dustbins and other receptacles provided by the local government
shall be property of the local government.
(5) The concerned local government may, by notice
issue directions at which the manner in which and the conditions subject to
which,
any matter referred to in this paragraph may be carried out.
74. Latrines and urinals.– (1)
The concerned local government shall provide and maintain in sufficient number
and in proper situations public latrines and
urinals for the separate use of
each sex, and shall cause the same to be kept in proper order and to be regularly
and properly
cleaned.
(2) A local government may, by notice in writing:-
(a) require any person having the control whether
as owner, lessee or occupier of any land or building–
(i) to close any cesspool appertaining to the
land or building which is, in the opinion of the concerned local government a
nuisance;
or
(ii) to keep in a clean condition, in such manner as may be prescribed
by the notice, any receptacle or filth or sewage accumulating on
the land or in
the building; or
(iii) to prevent the water of any private latrine,
urinal, sink or bath-room or any other offensive matter, from soaking, draining
or
flowing, or being put, from the land or building upon any street or other
public place or into any water-course or other specified
waterbody or into any
drain not intended for the purpose; or
(iv) to collect and deposit for removal by the
conservancy establishment of the concerned local government within such time
and in such
receptacle or place, situated at not more than thirty five meters
from the nearest boundary of the premises, as may be specified
in the notice,
any offensive matter or rubbish which such person has allowed to accumulate or
remain under, in or on such building
or land; or
(b) require any person to desist from making or
altering any drain leading into a public drain; or
(c) require any person having the control of a
drain to cleanse, purify, repair or alter the same, or otherwise put it in good
order,
within such time as may be specified in the notice.
(3) Where any premises are without privy or urinal accommodation, or
without adequate privy or urinal accommodation, or the privy or
urinal is on
any ground objectionable, the concerned local government may, by notice,
require the owner or occupier of such premises–
(a) to provide such or such additional privy or
urinal accommodation as may be specified in the notice;
(b) to make such structural or other alteration in
the existing privy or urinal accommodation as may be so specified;
(c) to remove the privy or urinal; and
(d) where
there is any underground sewerage system to substitute connected privy or
connected urinal accommodation for any service privy
or service-urinal
accommodation.
(4) In case the owner or occupier of any building or land who has been
served notice under sub-paragraph (3), fails to make arrangements
to the
satisfaction of the concerned local authority for the matter referred to in
this paragraph, the concerned local government
may undertake such roles and the
cost so incurred shall be deemed to be a tax levied under this Ordinance on the
owner or occupier.
75. Private latrines.–The
concerned local government may, by notice in writing,–
(a) require the owner or other person having the
control of any private latrine or urinal not to put the same to public use; or
(b) where
any plan for the construction of private latrines or urinals has been approved
by the concerned local government and copies
thereof may be obtained free of
charge on application,–
(i) require any person repairing or constructing
any private latrine or urinal not to allow the same to be used until it has
been inspected
by or under the direction of the concerned local government and
approved by it as conforming with such plan; or
(ii) require any person having control of any
private latrine or urinal to re-build or alter the same in accordance with such
plan; or
(c) require the owner or other person having the
control of any such private latrine or urinal which, in the opinion of the
concerned
local government constitutes a nuisance, to remove the latrine or
urinal; or
(d) require any person having the control whether
as owner, lessee or occupier of any land or building–
(i) to have any latrines provided for the same
covered by a sufficient roof and wall or fence from the view of persons passing
by or
dwelling in the neighbourhood, or
(ii) to keep such latrine or urinal in proper
state to the satisfaction of the concerned local government and shall employ
such staff
for the purpose as may be necessary or as may be specified by the local
government.
(e) require any person being the owner and having
the control of any drain to provide, within ten days from the service of the
notice,
such covering as may be specified in the notice.
76. Infectious diseases.– (1)
The concerned local government shall adopt measures to prevent infectious
diseases and to restrain infection within its local
area.
(2) The concerned local government shall establish
and maintain one or more hospitals for the reception and treatment of persons
suffering
from infectious diseases.
77. Medical aid and relief and
medical education.– The concerned local government may take such measures
as may be necessary or as may be specified by the Government for–
(a) the
provision, maintenance and management of First Aid Centres;
(b) the provision, maintenance and management of
mobile medical aid units;
(c) the provision and encouragement of societies
for the provisions of medical aid;
(d) the payment of grants to institutions for
medical relief; and
(e) the medical check up of school children.
78. Bathing and washing places.– (1)
The concerned local government may from time to time–
(a) set apart suitable places for use by the
public for bathing;
(b) specify the time at which and the sex of
persons by whom such places may be used; and
(c) prohibit by public notice, the use by the
public for any of the said purposes of any place not so set apart.
(2) No person shall establish, maintain or run a hamam or a bath for
public use except under a licence granted by the concerned local
government,
and in conformity with the conditions and terms of such licence.
Public Safety
79. Fire-fighting.–
(1) For the prevention and
extinction of fires, the concerned local government shall maintain a fire
brigade consisting of such
staff and such number of fire stations and such
implements, machinery, equipment and means of communicating intelligence as may
be necessary.
(2) The concerned local government shall prepare
fire-fighting plan and revise it at least once a year.
80. Civil defence.– The
concerned local government shall be responsible for the civil defence of its
local area, and shall in this behalf, perform such
functions as may be
specified by Government.
81. Floods.– For the fighting
of floods, rescuing of people from the flood-affected areas, and affording
relief to flood-stricken people, the
concerned local government shall provide
such boats, appliances and equipments as may be specified by Government.
Registration of
Births and Deaths
82. Births and deaths.– A
Union Administration shall register all births and deaths within the limits of
its local area and information of such births and
deaths shall be given by such
persons or authorities, and shall be registered in such manner, as the byelaws
may provide.
Social Welfare and
Community Development
83. Social welfare.– (1) The
concerned local government may–
(a) establish, manage and maintain welfare homes,
asylums, orphanages, widow homes and other institutions for the relief of the
distressed;
(b) provide for the burial or cremation of
unidentified dead bodies within its local area at its own expense;
(c) adopt such measures as may be specified by
Government for the prevention of beggary, prostitution, gambling, taking of
injurious
drugs and consumption of alcoholic liquor, juvenile delinquency and
other social evils;
(d) organize social service volunteers; and
(e) adopt such measures as may be prescribed for
the promotion of the welfare of backward classes, families of the persons
serving in
the armed forces, women and children.
Streets and Street
Lighting
84. Public streets.– (1) The
concerned local government shall provide and maintain such public streets and
other means of public communications as may
be necessary.
(2) The concerned local government shall, in the manner prescribed,
prepare and execute a road maintenance and development programme.
85. Streets.– (1) No new
street shall be laid out except with the previous sanction of the concerned
local government and in conformity with the
terms and conditions of such
sanction.
(2) All streets other
than public streets shall be maintained in such manner as the byelaws may
provide.
(3) The concerned local government may, by notice,
require that any street may be paved, metalled, drained, channeled, approved or
lighted
in such manner as may be specified and in the event of default, the
local government may have the necessary work done through its
agency and the
cost so incurred shall be deemed to be a tax levied on the person concerned
under this Ordinance.
(4) Government may prescribe the manner in which a
street other than a public street may be converted into a public street.
86. Street lighting and
electrification.– (1) The concerned local government shall take such
measures as may be necessary for the proper lighting of the public streets and
other public places vested in the local government by oil, gas, electricity or
such other illuminant as the local government may
determine.
(2) The local government shall also provide or
cause to be provided electricity in coordination with the concerned department
to its
local area for public and private purposes.
(3) The concerned local government may frame and
enforce street lighting and electrification schemes.
87. Street watering.– The
concerned local government shall take such measures as may be necessary for the
watering of public streets for the comfort and
convenience of the public, and
may, for this purpose, maintain such vehicles, staff and other apparatus as may
be necessary.
Trades and
Occupations
88. Provision
of washing places.– (1) A local
government may provide suitable places for the exercise by washermen of their
calling, and may require payment of such
fees as may be prescribed by the local
council.
(2) Where the concerned local government has provided such places as aforesaid
it may, by public notice, prohibit the washing of clothes
by washermen at any
other place within that part of the local area:
Provided
that such prohibition shall not be deemed to apply to the washing by a
washerman of his own clothes or of the clothes of
any other person who is an
occupier of the place at which they are washed.
(3) [271][* * * * * * * * * * * *]
89. Licences required for carrying
on of certain occupation.– (1) No person of any of the following classes,
namely:-
(a) butchers and vendors of poultry, game or
fish;
(b) persons keeping milch cattle or milch goats
for profit;
(c) persons keeping for profit any animal other
than milch cattle or milch goats;
(d) dairymen, buttermen and makers and vendors of
ghee;
(e) vendors of fruit or vegetables;
(f) manufacturers of ice or ice-cream, and
vendors of the same;
(g) vendors of medicines, drugs or articles of
food or drink for human consumption (other than milk, butter, bread, biscuits,
cake,
fruit, vegetables, aerated or other potable water or ice or ice-cream)
which are of a perishable nature;
(h) vendors of water to be used for drinking
purposes;
(i) washermen;
(j) persons carrying on any trade or occupation
from which offensive or unwholesome smells arise;
(k) vendors of wheat, rice and other grain or of
flour;
(l) makers and vendors of sweetmeats;
(m) barbers and keepers of shaving saloons; and
(n) any other trades and occupations specified in
the bye-laws, or through public notice by local council from time to time;
shall carry on his trade, calling or occupation in such part of a local
area as may be designated by the local council unless he
has applied for and
obtained a licence in this behalf from the concerned local government.
(2) A licence granted under sub-paragraph (1)
shall be valid until the end of the year in which it is issued and the grant of
such licence
shall not be withheld by the concerned local government unless it
has reason to believe that the business which it is intended to
establish or
maintain would be offensive or dangerous to the public.
(3) Notwithstanding anything contained in
sub-paragraph (1)–
(a) no person who was, at the commencement of this
Ordinance carrying on his trade, calling or occupation in any part of a local
area
shall be bound to apply for a licence for carrying on such trade or
occupation in that part until he has received from the concerned
local
government not less than three months’ notice in writing of his obligation to
do so, and if the concerned local government
refuses to grant him a licence, it
shall pay compensation for any loss incurred by reason of such refusal;
(b) no person shall be required to take a licence
for the sale or storage of petroleum or for the sale or possession of poisons
or white
arsenic in any case in which he is required to take a licence or such
sale, storage or possession under any Federal or Provincial
statute.
(4) A local council may charge fees for the grant
of licences under this paragraph.
90. Conditions which may be
attached to licences.– A licence granted to any person under paragraph 89
shall specify the part of the local area in which the licensee may carry on his
trade, calling or occupation, and may regulate the hours and manner of
transport within the local area of any specified articles
intended for human
consumption and may contain any other conditions which the concerned local
government thinks fit to impose in
accordance with the byelaws made under this
Ordinance.
Transport and
Traffic
91. Traffic control.– (1) The
concerned local government shall, by byelaws, make such arrangements for the
control and regulation of traffic as may be
necessary to prevent danger to and
ensure the safety, convenience and comfort of the public.
(2) The concerned local government may, provide
for parking motors on such public places as may be determined by it.
92. Public vehicle.– (1) No
person shall keep or let for hire or drive or propel, within the limits of the
local area of the concerned local government,
any public vehicle, other than a
motor vehicle, except under a licence granted by the local government, and in
conformity with
the conditions of such licence.
(2) No horse or other animal shall be used for
drawing a public vehicle within the local area of the concerned local
government except
under the licence granted by the local government and in
conformity with the conditions of such licence.
(3) The concerned local government shall, in such
manner as the byelaws may provide and with the previous approval of Government,
fix
the rate of fares for the use of public vehicles, and no person plying a
public vehicle shall charge a rate in excess thereof.
(4) In this paragraph, a “public vehicle” means
any vehicle which ordinarily plies for hire.
93. Public ferries.– (1) The
concerned local government may, by byelaws, provide for the licensing of boats
and other vessels plying for hire in a public
watercourse and may specify the
terms and conditions for the grant of licences and the fees to be charged
therefor.
(2) Government may declare any part of the public
watercourse to be a public ferry and may entrust the management thereof to the
concerned
local government which shall manage and operate the public ferry in
such manner and levy such toll as may be necessary.
Water Supply
94. Water supply.– (1) The
concerned local government shall provide or cause to be provided to its local
area a supply of wholesome water sufficient
for public and private purposes.
(2) Where a piped water supply is provided, the
concerned local government shall supply water to private and public premises in
such
manner and on payment of such charges as the byelaws may provide.
95. Private
source of water supply.– (1) All
private sources of water supply within the local area of the concerned local
government shall be subject to control, regulation
and inspection by the local
government.
(2) No new well, water-pump or any other source of
water for drinking purposes, shall be dug, constructed or provided except with
the
sanction of the concerned local government.
(3) The concerned local government may, by notice,
require the owner or any person having the control of any private source of
water
supply used for drinking purposes–
(a) to keep the same in good order and to clean it
from time to time of silt, refuse and decaying matter;
(b) to protect the same from contamination in such
manner as the local government directs; and
(c) if the water therein is proved to the
satisfaction of the local government to be unfit for drinking purposes, to take
such measures
as may be specified in the notice to prevent the use of such
water for drinking purposes.
96. Public
watercourses.– (1) The concerned
local government may, with the previous sanction of the Government, declare any
source of water, river, spring,
tank, pond or public stream, or any part
thereof within its local area, which is not private property, to be a public
watercourse.
(2) The concerned local government may, in respect
of any public watercourse, provide such amenities, make such arrangements for
lifesaving,
execute such works, and subject to the provisions of any law for
the time being in force relating to irrigation, drainage and navigation,
regulate the use thereof, as the byelaws may provide.
97. Tanks, ponds and low-lying areas.– The concerned local government may take such steps with regard to the excavation or re-excavation of tanks and ponds and the reclamation of low-lying areas as it thinks fit or, as the case may be, Government directs.
ANNEX
[See paragraph 44]
DANGEROUS AND OFFENSIVE ARTICLES AND TRADES
1. The business of storing or selling timber,
firewood, coal, charcoal and coke, hay, straw, grass and bamboo, jute, shrub,
hemp, munj
and their products, matches, explosives, petrol, oil and lubricants,
paper, ghee and other dangerously inflammable materials.
2. Sugar refining and sugar refineries.
3. Preparation of aerated water.
4. Operating or running bake houses.
5. Electroplating.
6. Welding.
7. Storing, packing, pressing, cleaning, preparing
or manufacturing by any process whatever, blasting powder, ammunition,
fireworks,
gun-powder, sulphur, mercury, gases, gum, cotton, saltpeter,
nitrocompounds, nitromixtures, phosphorous or dynamite.
8. Cleaning, dyeing, preparing or manufacturing by
any process whatever, cloth or yarn in indigo and other colours.
9. Storing,
processing, cleaning, crushing, melting, preparing or manufacturing by any
process whatever or dealing in bones, tallow,
offal, fatblood, soap, raw hides
and skins, candles, manure, catgut and oil cloth.
10. Manufacturing
oils.
11. Washings or
drying wool or hair.
12. Making or
manufacturing bricks, surkhi, tiles or earthenware pots, clay pipes or other
earthenware by any process of baking or burning.
13. Burning or
grinding of lime or metal stone or storing of lime for sale.
14. Cleaning or grinding
of grain or chillies by any kind of class of machinery.
15. Keeping
animals likely to create nuisances.
16. Fellmongering.
17. Casting of
heavy metals such as iron, lead, copper and brass.
18. Dealing in
chemicals, liquid or otherwise.
19. Wholesale
storing, cleaning, pounding and selling of tobacco except the storing of
tobacco required for the preparation of biddies,
cigars or cigarettes.
20. Operating or
running tin factories.
21. Manufacture of
safes, trunks and boxes.
22. Marble cutting
and polishing.
23. Glass leveling
and polishing.
24. Manufacture of
cement and hume pipes.
25. Storing,
packing, pressing, cleaning, preparing or manufacturing by any process
whatever, rags, pitch, tar, turpentine demmar, coconut,
fibre, flax, hemp,
rosin or spirit.
26. Tanning,
pressing or packing hides or skins, raw or dry.
27. Trade or
operation of ferries.
28. Working of
power-looms, rice husking plants, steam whistle, steam trumpet or electric or
hand operated sirens beyond hours fixed
for their operation by a local council.
29. Discharging firearms and letting off
fire-works, fire balloons or detonators or any game dangerous to life, dwelling
and other property.
30. Any other
article or trade declared by Government or the concerned local government to be
dangerous to life, health, or property
or likely to cause nuisance either from
its nature or by reason of the manner in which or the conditions under which,
the same
may be processed or carried on.
[272][SEVENTH
SCHEDULE
[See sub-sections (1)(b) and (3) of section 120-B]
Terms of office of
the professional members
of the Finance
Commission
1. A
member of the Finance Commission shall hold office for a minimum term of three
years from the date of his entering upon office.
2. A member may resign his
office under his hand addressed to the Governor.
3. No member shall be removed
before the expiry of his term except as provided in this Ordinance.
4. Before entering upon office a
member shall take oath in the form set out in a notification before the
Governor.
5. On declaration of a vacancy
in the Finance Commission by the Chairman, the Governor shall appoint a member
within sixty days.
6. The
remuneration of the professional members shall be in accordance with their
status and experience and may be in the form of honoraria.
7. A member shall be provided all necessary support staff, resources and equipment for carrying out his functions.]
[273][EIGHTH SCHEDULE
[See sections 141, 142, 143 and 145]
OFFENCES WHERE TICKET
CAN BE ISSUED
S.No. |
Offence |
Amount of Fine |
Responsibility of Enforcement |
1. |
Neglect in safe storage of eatable, drinkable and other consumable
items sold or supplied to the public. |
Rs. 500 Rs. 3,000 in case of large restaurants, hotels
and shops. |
Executive District Officer (Health). |
2. |
a. Fixing of wooden khokhas, and temporary shops or
extension thereof on footpaths or beyond the street line. b. Plying of handcarts for the
sale of goods without permission. |
Rs.1,000 Rs.200 |
Tehsil/Town Officer (Municipal Regulations). |
3. |
Failure by the owner or occupier of any land
to clear away and remove any vegetation declared by a local government to be
injurious
to health or offensive to neighbourhoods. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
4. |
Slaughtering of animals for the sale of meat at a place other than the
place set apart for the purpose. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
5. |
Without the permission of the local
governments causing or knowingly or negligently allowing the contents of any
sink, sewer
or cesspool or any other offensive matter to flow, or drain or to
be put upon any street, or public place, or into irrigation
channel or any
sewer or drain not set apart for the purpose. |
Rs. 2,000 in case of commercial concerns. Rs.500 for others. |
Tehsil/Town Officer (Municipal Regulations). |
6. |
Keeping or maintaining any cattle in any part
of the prohibited zone or failure to remove the cattle from the prohibited
zone
within the specified time when an order to this effect has been made
under section 65. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
7. |
Keeping ferocious dogs or other animals in residential areas or taking
such animals to public places or the areas specified by
the local government,
without leash or chain and without being muzzled or to set at large any
animal or dog infected with rabies
or any other infectious disease. |
Rs. 200 |
Tehsil/Town Officer (Municipal Regulations). |
8. |
Obstructing or tampering with any road, street, drain or pavement. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
9. |
Obstructing or tampering with any main pipe, meter or any apparatus or
appliance for the supply of water or sewerage system. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
10. |
Without the previous sanction of Tehsil Municipal Administration or,
in a City District, the City District Government,– (i) laying out a drain or
altering any drain in a street or road; (ii) connecting any house drain
with a drain in a public street; (iii) drawing off, diverting or
taking any water except with the permission required under this Ordinance. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
11. |
Excavation of earth, stone or any other
material within such distance of the residential area as specified by the
Tehsil Municipal
Administration or as the case may be Town Municipal Administration. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
12. |
Burying or burning a dead body at a place which is not a public or
registered burial or burning place, except with the sanction
of the local
government. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
13. |
Failure to furnish, on requisition, information in respect of any
matter which a local government is authorized to call for under
any of the
provisions of the Ordinance, rules or bye-laws or furnishing wrong
information. |
Rs. 300 |
Executive District Officer concerned. Tehsil/Town Municipal Officer. Secretary Union Administration. |
14. |
Obstructing lawful seizure of animals liable
to be impounded on the ground of violations of rules or by-laws governing the
picketing,
tethering, keeping, milching or slaughter of animals or their
trespass of private or public property. |
Rs. 500 |
Secretary Union Administration. |
15. |
Picketing, parking animals or collecting carts or vehicles on any
street, using any street as a halting place for vehicle or animals
or as a
place encampment without the permission of the local council concerned. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
16. |
Causing or permitting animals to stray or
keeping, tethering, stalling, feeding or gazing any cattle on any road,
street or
thoroughfare or in any public place or damaging or causing or
permitting to be damaged any road, street or thoroughfare by allowing
cattle
to move thereon. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
17. |
Disposal of carcasses of animals within prohibited distance. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
18. |
Failure to dispose of offal, fat or any organ or part of a dead animal
in a place set apart for the purpose by the local government. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
19. |
Throwing or placing any refuse, litter or garbage on any street, or in
any place, not provided or appointed for the purpose by
a local government. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
20. |
Failure to provide for disposal of litter or garbage inside or outside
a shop by its owner. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
21. |
Failure to maintain clean premises of the area in front of a shop,
office or factory up to the public street or road serving this
facility. |
Rs. 1000 |
Tehsil/Town Officer (Municipal Regulations). |
22. |
Watering cattle or animals, or bathing or washing at or near a well or
other source of drinking water for the public. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
23. |
Steeping hemp, jute or any other plant in or near a pond or any other
excavation within such distance of the residential area as
may be specified
by a local government. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
24. |
Failure to provide, close, remove, alter, repair, clean, disinfect or
put in proper order any latrine, urinal drain, cesspool or
other receptacle
for filth, sullage, water or refuse by an owner of a house, shop, office,
industry or premises. |
Rs. 2,000 for commercial concerns Rs.500 for house |
Tehsil/Town Officer (Municipal Regulations). |
25. |
Failure to clean the premises, houses, shops and cultivated lands of
the plastic bags and other non perishable materials. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
26. |
Damaging or polluting physical environment, inside or outside private
or public premises, in a manner to endanger public health. |
Rs. 2,000 for public premises Rs.500 for private premises |
Executive District Officer (Health). |
27. |
Failure by the owner or occupier of any land
to cut or trim the hedges growing thereon which overhang any well, tank or
other
source from which water is derived for public use. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
28. |
Failure by the owner or occupier of any land or building to clean, repair,
cover, fill up or drain off any private well, tank or
other source of water
supply, which is declared under this Ordinance to be injurious to health or
offensive to the neighbourhood. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
29. |
Failure to stop leakages of water pipes, faucets and sanitary fittings
resulting in dirty water pools affecting physical environments
and breeding
of mosquitoes. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
30. |
Failure of an owner or occupier of any building or land to put up and
keep in good condition troughs and pipes for receiving or
carrying water or
sullage water. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
31. |
Feeding or allowing to be fed an animal meant for dairy or meat
purposes, on deleterious substance, filth or refuse of any kind
which is
dangerous to health of consumers. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
32. |
Defacing or disturbing any direction-post,
lamp post or lamp extinguishing or any light arranged by a local government
without
due authority. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
33. |
Fixing any bill, notice, play card, poster or other paper or means of
advertisement against or upon any private or public building
or place other
than the places fixed for the purpose by a local government. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
34. |
Exhibiting any obscene advertisement. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
35. |
Loud playing of music or radio, beating of drum or tom-tom, blowing a
horn or beating or sounding any brass or other instruments
or utensils in
contravention of any general or special prohibition issued by a local
government or a hospital or an educational
institution. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
36. |
Loud shouting in abusive language causing distress to the inhabitants
of a neighbourhood or village or any other public place. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
37. |
Using or allowing the use for human habitation of a building declared
by a local government to be unfit for human habitation. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
38. |
Failure to lime-wash or repair a building, if so required by local
government. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
39. |
Begging importunately for alms by exposing any deformity or disease or
any offensive sore or wound to solicit charity. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
40. |
Failure of the head of family to report the
birth or death to a local government or a person appoint in this behalf
within a
reasonable time. |
Rs. 500 |
Secretary Union Administration. |
41. |
Causing or permitting to be caused by any owner or keeper of an animal
who through neglect or other wise damage any land or crop
or produce of land,
or any public road, by allowing such animal to trespass thereon. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
42. |
Selling cattle and animals in contravention of any law, rule or
by-laws of a local government. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
43. |
Kite flying in contravention of any general or specific prohibition
issued by local governments. |
Rs. 300 |
District Coordination Officer. |
44. |
Keeping pigeon or other birds in a manner
causing danger to air traffic. |
Rs. 500 |
Tehsil/Town Officer (Municipal Regulations). |
45. |
Digging of public land without the permission in writing of
Tehsil/Town Municipal Officer. |
Rs. 1,000 |
Tehsil/Town Officer (Municipal Regulations). |
46. |
Contravention of the prohibition or direction of the local government
issued under the Ordinance. |
Rs. 500 |
District Coordination Officer. Tehsil/Town Officer (Municipal Regulations). Secretary Union Administration. |
47. |
Attempt or abetment of any of the offences in this Schedule. |
Same as for the offence specified in the Schedule |
District Coordination Officer. Tehsil/Town Officer (Municipal Regulations). Secretary Union Administration.] |
NINTH SCHEDULE
[See sections 141 and 143]
FORM OF TICKET
Name & Address of the
Offender:________________ NIC
No._________________ Particulars
of Offence:(Section of Law with details of offences:________________________ ________________________ ________________________ Date
of commission of Offence: Amount
of Fine: Rs.________ (in
letters)_______________ Date
by which the Fine is to be paid____________________ (Note: The amount of fine shall be deposited in Post Office / Branch
of National Bank of Corrective
actions ordered:___ ________________________ ________________________ Name
of the Court having jurisdiction: ________________________ Signature
or Thumb Impression of the Offender: ________________________ Signatures
of Inspector/ Seal ________________________ Copy-1 (To be retained by Inspector) |
Name & Address of the
Offender:________________ NIC No._________________ Particulars of
Offence:(Section of Law with details of offences:________________________ ________________________ ________________________ Date of commission of
Offence: Amount of Fine: Rs..________ (in letters)________________ Date by which the Fine is
to be paid_____________________ (Note:
The amount of fine shall be deposited in Post Office / Branch of National
Bank of Corrective actions
ordered:___ ________________________ ________________________ Name of the Court having
jurisdiction: ________________________ Signature or Thumb
Impression of the Offender: ________________________ Signatures of Inspector/
Seal ________________________ Copy-2 (To be retained by Offender on
payment of fine) |
Name & Address of the
Offender:_________________ NIC No.__________________ Particulars of
Offence:(Section of Law with details of offences: ________________________ ________________________ Date of commission of
Offence: Amount of Fine: Rs._________ (in letters)________________ Date by which the Fine is
to be paid_____________________ (Note:
The amount of fine shall be deposited in Post Office / Branch of National
Bank of Corrective actions
ordered:___ ________________________ ________________________ Name of the Court having
jurisdiction: ________________________ Signature or Thumb
Impression of the Offender: ________________________ Signatures of Inspector/ Seal ________________________ Copy-3 (To be returned to Inspector
by offender after payment within ten days) |
Name & Address of the Offender:_________________ NIC No.__________________ Particulars of Offence:(Section of Law with
details of offences: ________________________ ________________________ Date of commission of Offence: Amount of Fine: Rs._________ (in letters) ________________ Date by which the Fine is to be paid_____________________ (Note:
The amount of fine shall be deposited in Post Office / Branch of National
Bank of Corrective actions ordered:____ ________________________ ________________________ Name of the Court having jurisdiction: ________________________ Signature or Thumb Impression of the Offender:
________________________ Signatures of Inspector/ Seal ________________________ Copy-4 (To be sent by the Bank/Post Office/Government Treasury to the
concerned local Accounts Officer) |
TENTH SCHEDULE
[See section 141(6)]
SR |
Laws |
Enforcement
Responsibility |
1. |
The |
City District Government/ |
2. |
The |
City District Government/ |
3. |
The |
Tehsil/Town Municipal Administration |
4. |
The |
City District Government/ |
5. |
The |
City District Government/ |
6. |
The |
City District Government/ |
7. |
The |
City District Government/ |
8. |
The |
City District Government/ |
9. |
The |
City District Government/ |
10. |
The |
City District Government/ |
11. |
The Cattle-trespass Act, 1871 (Act I of 1871) |
Union Administration |
12. |
The Dramatic Performance Act, 1876 (Act XIX of 1876) |
City District Government/ |
ELEVENTH SCHEDULE
[See section 146B]
LOCAL GOVERNMENT ENFORCEMENT SYSTEM
DISTRICT ENFORCEMENT GAZETTE
FORM A – REGISTERS TO BE MAINTAINED BY INSPECTORS
1. NON-CONTESTED
TICKETS
NAME
OF INSPECTOR _______________ AREA ____________ NAME OF LOCAL GOVERNMENT
______________
SR |
TICKET
NO |
DATE
TICKET ISSUED |
DATE
FINE DUE |
ISSUED
TO & ADDRESS |
OFFENCE
(EIGHTH SCHEDULE) |
FINE
AMOUNT |
AMOUNT
PAID |
DATE
PAID |
CORRECTIVE
MEASURES WITH DUE DATE |
DATE
RECTIFIED |
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2. CONTESTED
TICKETS
NAME
OF INSPECTOR __________________ AREA _____________ NAME OF LOCAL GOVERNMENT
______________
SR |
TICKET
NO |
DATE
TICKET ISSUED |
DATE
FINE DUE |
ISSUED
TO & ADDRESS |
OFFENCE (EIGHTH
SCHEDULE) |
FINE
AMOUNT |
DATE
COMPLAINT SENT TO COURT |
DATE(S)
OF HEARING |
FINAL
COURT DECISION |
FINE
AMT. AND DATE DUE |
PENALTIES
AND OTHER CHARGES & DATE DUE |
FINE
AGAINST LOCAL GOVT. &
DATE DUE |
DATE
PAID |
AMT.
PAID |
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3. UNCONTESTED
UNPAID FINES AND UNRECTIFIED ACTIONS IMPOSED BY INSPECTOR
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
TICKET REFERENCE NO. |
DATE COMPLAINT SENT TO COURT |
DATE SUMMONS ISSUED BY COURT |
DATE OF HEARING |
COURT DECISION |
FINE AMOUNT & DATE DUE |
PENALTIES & OTHER CHARGES & DATE DUE |
DATE PAID |
AMOUNT PAID |
IMPRISONMENT PERIOD |
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4. NOTICES
FOR OFFENCES UNDER FOURTH SCHEDULE PART-I ISSUED BY INSPECTOR
NAME
OF INSPECTOR _________________ AREA _______________ NAME OF LOCAL GOVERNMENT
______________
SR |
NOTICE
NO |
ISSUED
TO AND ADDRESS |
OFFENCE
(FOURTH SCHEDULE) |
DATE
NOTICE ISSUED |
DATE
COMPLIANCE DUE |
DATE
COMPLIED |
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5. NON-COMPLIANCE
OF NOTICES ISSUED BY INSPECTOR UNDER FOURTH SCHEDULE PART-I
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
NOTICE
REFERENCE NO |
DATE
COMPLAINT SENT TO POLICE STATION BY INSPECTOR |
DATE
FIR REGISTERED AND NUMBER |
DATE
CASE SENT TO COURT |
COURT
DECISION |
FINE
AMOUNT AND DATE DUE |
PENALTIES
AND OTHER CHARGES & DATE DUE |
DATE
PAID |
AMOUNT
PAID |
IMPRISONMENT
PERIOD |
DATE
IF COMPOUNDED |
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6. NOTICES
FOR OFFENCES UNDER FOURTH SCHEDULE PART-II ISSUED BY INSPECTOR
NAME
OF INSPECTOR __________________ AREA ______________ NAME OF LOCAL GOVERNMENT
______________
SR |
NOTICE
NO |
ISSUED
TO AND ADDRESS |
OFFENCE
(FOURTH SCHEDULE) |
DATE
NOTICE ISSUED |
DATE
COMPLIANCE DUE |
DATE
COMPLIED |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. NON-COMPLIANCE
OF NOTICES ISSUED BY INSPECTOR UNDER FOURTH SCHEDULE PART-II
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
NOTICE
REFERENCE NO |
DATE
COMPLAINT SENT TO COURT |
DATE
SUMMONS ISSUED BY COURT |
DATE
OF HEARING |
COURT
DECISION |
FINE
AMOUNT AND DATE DUE |
PENALTIES
AND OTHER CHARGES & DATE DUE |
DATE
PAID |
AMOUNT
PAID |
IMPRISONMENT
PERIOD |
DATE
IF COMPOUNDED |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8. GOODS
SEIZED, IMPOUNDED, CONFISCATED ETC. BY INSPECTORS
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
TICKET/NOTICE
REFERENCE NO. |
DATE
ACTION TAKEN |
TYPE
OF ACTION TAKEN |
DETAILS
OF GOODS IMPOUNDED, SEIZED, DESTROYED CONFISCATED ETC, AND PREMISES SEALED BY
INSPECTOR |
DATE
AND DETAILS OF GOODS ETC RELEASED |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9. COMPOUNDING
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
REFERENCE
NO |
DATE
OF COMPOUNDING |
PERSONS
PRESENT IN COMPOUNDING COMMITTEE |
DETAILS
OF OFFENCE |
FINE
IMPOSED |
AMOUNT
AFTER COMPOUNDING RS. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
10. SEARCH WARRANTS FOR ENTRY INTO RESIDENTIAL PREMISES
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
REFERENCE
NO |
DATE
REQUESTED |
NAME
OF MAGISTRATE |
DATE
WARRANT ISSUED |
FINDINGS |
FURTHER
ACTION NOTICE OR TICKET NO. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11. COMPLAINTS REGISTERED BY CITIZENS
NAME
OF OFFICE / OFFICIAL WHERE COMPLAINT REGISTERED ___________________________
SR |
REFERENCE
NO |
DATE
OF COMPLAINT |
NAME
OF COMPLAINANT |
DETAILS
OF COMPLAINT |
DETAILS
OF OFFENCE |
JURISDICTION
OF INSPECTOR |
AREA
OF INSPECTOR |
DETAILS
OF ACTION TAKEN |
DATE
CASE REGISTERED IN COURT BY COMPLAINANT DUE TO INACTION |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12. INCENTIVES PROVIDED TO INSPECTORS
NAME
OF LOCAL GOVERNMENT ___________________________
SR |
NAME
OF INSPECTOR |
DATE
INCENTIVE RECEIVED |
AMOUNT
RECEIVED RS. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
FORM B –
MONTHLY REPORTS TO BE SENT BY INSPECTORS
TO
CONCERNED NAZIM, ACCOUNTS OFFICER AND DCO
1. NON-CONTESTED
TICKETS
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE
EIGHTH SCHEDULE |
NUMBER
OF TICKET ISSUED DURING THE MONTH |
FINE
AMOUNT |
AMOUNT
PAID |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
|
|
|
2. CONTESTED
TICKETS
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE
EIGHT SCHEDULE |
NUMBER
OF TICKETS ISSUED |
FINE
AMOUNT TO BE RECOVERED |
NUMBER
OF CASES COMPLAINT SENT TO COURT |
NO
OF CASES DISPOSED BY THE COURT |
TOTAL
FINE IMPOSED BY COURT |
NO
OF CASES IN WHICH PUNISHMENT AWARDED |
FINAL
AMOUNT RECOVERED |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3. CORRECTIVE
MEASURES
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NUMBER
OF CASES IN WHICH CORRECTIVE MEASURES DIRECTED |
NO
OF CASES IN WHICH CORRECTIVE ACTION TAKEN WITHIN THE SPECIFIED TIME |
NO
OF CASES IN WHICH CORRECTIVE ACTION NOT TAKEN WITHIN THE SPECIFIED TIME |
NO
OF CASES OF NON-COMPLIANCE OF CORRECTIVE MEASURES SENT TO COURT |
|
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL |
|
|
|
|
4. UNCONTESTED
FINES NOT PAID AND UNRECTIFIED ACTIONS OF EIGHTH SCHEDULE
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NO
OF CASES OF UNPAID TICKET |
NO
OF COMPLAINTS OF UNPAID TICKETS SENT TO COURT |
NO
OF CASES DISPOSED BY THE COURT |
TOTAL
FINE AMOUNT DUE |
TOTAL
AMOUNT RECOVERED |
NO
OF CASES IN WHICH PUNISHMENT AWARDED |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5. NOTICES
FOR OFFENCES UNDER FOURTH SCHEDULE PART-I ISSUED BY INSPECTOR
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCES |
NO
OF CASES IN WHICH NOTICE ISSUED |
NO
OF CASES IN WHICH COMPLIANCE OBTAINED |
NO
OF CASES IN WHICH COMPLIANCE NOT OBTAINED |
|
|
|
|
|
|
|
|
|
|
6. NON-COMPLIANCE
OF NOTICES ISSUED BY INSPECTOR UNDER FOURTH SCHEDULE PART-I
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NO
OF CASE S SENT TO POLICE STATION BY INSPECTOR |
NO
OF FIR REGISTERED |
NO
OF CASES SENT TO THE COURT |
NO
OF CASES DISPOSED BY THE COURT |
TOTAL
FINE AMOUNT |
TOTAL
FINE RECOVERED |
NO
OF CASES IN WHICH PUNISHMENT AWARDED. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7. NOTICES
FOR OFFENCES UNDER FOURTH SCHEDULE PART-II ISSUED BY INSPECTOR
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCES |
NO
OF CASES IN WHICH NOTICE ISSUED |
NO
OF CASES IN WHICH COMPLIANCE OBTAINED |
NO
OF CASES IN WHICH COMPLIANCE NOT OBTAINED |
|
|
|
|
|
|
|
|
|
|
8. NON-COMPLIANCE
OF NOTICES ISSUED BY INSPECTOR UNDER FOURTH SCHEDULE PART-II
NAME
OF INSPECTOR _________________ AREA _______________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NO
OF CASES SENT TO COURT |
NO
OF CASES DISPOSED BY THE COURT |
TOTAL
FINE AMOUNT |
TOTAL
FINE RECOVERED |
NO
OF CASES IN WHICH PUNISHMENT AWARDED. |
NO
OF CASES COMPOUNDED. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9. GOODS
SEIZED, IMPOUNDED, CONFISCATED ETC. BY INSPECTORS
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NO
OF CASES IN WHICH GOODS SEIZED |
NO
OF CASES IN WHICH GOODS RELEASED |
|
|
|
|
|
|
|
|
|
|
|
|
10. COMPOUNDING
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NO
OF CASES IN WHICH OFFENCE COMPOUNDED |
TOTAL
FINE IMPOSED RS. |
TOTAL
FINE AMOUNT AFTER COMPOUNDING RS. |
TOTAL
FINE AMOUNT COLLECTED RS. |
|
|
|
|
|
|
|
|
|
|
|
|
11. SEARCH
WARRANTS FOR ENTRY INTO RESIDENTIAL PREMISES
NAME
OF INSPECTOR ________________ AREA ________________ NAME OF LOCAL GOVERNMENT
______________
SR |
OFFENCE |
NO
OF CASES OF ENTRY INTO RESIDENTIAL PREMISES |
|
|
|
|
|
|
12. COMPLAINTS
REGISTERED BY CITIZENS
NAME
OF OFFICE / OFFICIAL WHERE COMPLAINT REGISTERED ___________________________
SR |
OFFENCE |
NO
OF COMPLAINTS LODGED BY THE CITIZENS WITH LOCAL GOVERNMENT |
NO
OF CASES ON WHICH ACTION TAKEN BY THE LOCAL GOVERNMENT |
NO
OF CASES REGISTERED IN COURT BY CITIZENS DUE TO INACTION |
NO
OF CASES IN WHICH DECISION TAKEN BY COURT |
|
|
|
|
|
|
|
|
|
|
|
|
13. INCENTIVES
PROVIDED TO INSPECTORS
NAME
OF LOCAL GOVERNMENT ___________________________
NO
OF INSPECTOR PROVIDED INCENTIVES |
AMOUNT
OF INCENTIVE |
|
|
|
|
|
|
FORM C –
REPORT TO BE SENT BY OFFICER INCHARGE OF POLICE STATION
THROUGH
HEAD OF DISTRICT POLICE TO CONCERNED NAZIM AND DCO
1. INFORMATION RELATING TO COMPLAINTS SENT BY
INSPECTORS TO OFFICER INCHARGE OF POLICE STATION
NAME
OF POLICE STATION ______________________ NAME
OF LOCAL GOVERNMENT ______________
SR |
INSPECTORS
REFERENCE NO. |
DATE
RECEIVED |
OFFENCE
(FOURTH SCHEDULE PART-I) |
FIR
NUMBER AND DATE |
NAME
/ DATE PERSON ARRESTED |
DATE
PERSON PRODUCED BEFORE COURT |
NO
OF DAYS IN POLICE CUSTODY |
DATE
CHALLAN SUBMITTED TO THE COURT |
COURT
DECISION |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. INFORMATION RELATING TO WARRANTS OF ARRESTS
ISSUED BY COURTS TO OFFICER INCHARGE OF POLICE STATION
NAME
OF POLICE STATION ______________________ NAME OF LOCAL GOVERNMENT ______________
SR |
INSPECTORS
REFERENCE NO. |
DATE
RECEIVED FROM COURT |
OFFENCE |
NAME
/ DATE PERSON ARRESTED |
DATE
PERSON PRODUCED BEFORE COURT |
COURT
DECISION] |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[1]Promulgated by the Governor
of the
[2]Inserted by the
[3]Substituted ibid., for the words “under the said
Act”.
[4]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[5]Inserted ibid.
[6]Substituted for
the word “damages” by the Punjab Local Government (Fifth Amendment) Ordinance
2002 (XXXV of 2002), which will remain
in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of
three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[7]Omitted by the
[8]Substituted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[9]Inserted by the
[10]Added by the Punjab
Local Government (First Amendment) Ordinance 2001 (XVIII of 2001), which will
remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[11]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[12]Inserted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[13]Substituted for
“Industrial Relations Ordinance, 1969 (XXIII of 1969)”, by the
[14]Existing section
re-numbered as sub-section (1) by the Punjab Local Government (Amendment) Act
2005 (X of 2005).
[15]Added by the
[16]Added by the
[17]The Provincial
Government shall remain responsible for law and order in the Province and the
police is not decentralised to the
District Governments, however, for local law
and order police force present in the District shall be responsible to Zila
Nazim.
The Government shall make appropriate modifications in respect of police
force & levies on promulgation for the Police Ordinance.
[18]Added by the
[19]Inserted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[20]The word “to”
omitted by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[21]The words “or suspension” omitted by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[22]Substituted ibid, for the word “appointed”.
[23]Substituted ibid.
[24]Section 23. “External recall of Zila Nazim” omitted by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[25]Substituted ibid, for the words “Internal recall”.
[26]Substituted by the
[27]Omitted ibid.
[28]Substituted ibid, for the words “Union Nazims and members of Zila Council”.
[29]Ibid, for “(5)”.
[30]Substituted ibid, for the colon.
[31]Proviso omitted ibid.
[32]Explanation
omitted ibid.
[33]Substituted ibid.
[34]The word
“District” omitted by the Punjab Local Government (First Amendment) Ordinance
2001 (XVIII of 2001), which will remain in
force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three
months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[35]Inserted by the
[36]Substituted ibid.
[37]The word “and”
omitted by the Punjab Local Government (Second Amendment) Ordinance 2002 (XXXII
of 2002), which will remain in force
under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months
prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[38]Substituted for
the full-stop by the Punjab Local Government (Second Amendment) Ordinance 2002
(XXXII of 2002), which will remain
in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of
three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[39]Added ibid.
[40]Ibid.
[41]Substituted for the word “all” by the Punjab Local Government (Amendment)
Act 2005 (X of 2005).
[42]Added ibid.
[43]Substituted ibid, for the word “shall”.
[44]The words “within
seven days and the Government may refer the matter to the Local Government
Commission” omitted ibid.
[45]Omitted
ibid.
[46]Added by the
[47]Ibid.
[48]Inserted by the
Punjab Local Government (First Amendment) Ordinance 2002 (XXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[49]Substituted ibid.,
for the words “Tehsil Municipal Administration”.
[50]Omitted by the
[51]Added by the
[52]Inserted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed
under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[53]Substituted for
“(11)” by
the
[54]Substituted by the
[55]The words “beaches
and sea sides” omitted ibid.
[56]Substituted for the
full-stop by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[57]Added ibid.
[58]Substituted ibid.
[59]Ibid.
[60]Substituted by the
[61]Substituted for the
words “Recall of a” by the Punjab Local Government (Amendment) Act 2005 (X of
2005).
[62]Added ibid.
[63]Substituted ibid, for the word “recall”.
[64]Substituted ibid.
[65]Ibid.
[66]Ibid, for the words “Union Nazims and members of
Zila Council”.
[67]Substituted
for the words “appear before the Zila Council and address it”
by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[68]The brackets and
figure “(1)” omitted ibid.
[69]Substituted ibid.
[70]The brackets and figure
“(1)” omitted ibid.
[71]Substituted for the
word “Tehsil” by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[72]Inserted by the
Punjab Local Government (First Amendment) Ordinance 2001 (XVIII of 2001), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[73]Substituted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[74]Added by the
Punjab Local Government (First Amendment) Ordinance 2001 (XVIII of 2001), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[75]The words “and
Tehsil Council” deleted by the Punjab Local Government (Fifth Amendment)
Ordinance 2002 (XXXV of 2002), which will
remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit
of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[76]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[77]The word “District”
deleted by the Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV
of 2002), which will remain in
force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three
months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[78]Added by the Punjab Local Government (Fifth
Amendment) Ordinance 2002 (XXXV of 2002), which will remain in force under the
Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article
128
of the Constitution of the Islamic Republic of Pakistan.
[79]Inserted by the
[80]Substituted by the
[81]Section 62
“External Recall of Tehsil Nazim” omitted ibid.
[82]Substituted ibid, for the words “Internal recall”.
[83]Substituted ibid.
[84]Omitted by the
[85]Substituted ibid, for the words “Union Nazims and
members of Tehsil Council”.
[86]Substituted ibid, for the colon.
[87]Proviso omitted ibid.
[88]Inserted ibid.
[89]Added by the
[90]The word “to”
omitted by the Punjab Local Government (First Amendment) Ordinance 2001 (XVIII
of 2001), which will remain in force
under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months
prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[91]Inserted ibid.
[92]Ibid.
[93]Substituted for the
word and figure “Part-II” by the Punjab Local Government (Fifth Amendment)
Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum
limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[94]Added by the Punjab Local Government (Fifth
Amendment) Ordinance 2002 (XXXV of 2002), which will remain in force under the
Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article
128
of the Constitution of the Islamic Republic of Pakistan.
[95]Existing section
re-numbered as sub-section (1) by the Punjab Local Government (Amendment) Act
2005 (X of 2005).
[96]Added ibid.
[97]Substituted ibid, for the full-stop.
[98]Added ibid.
[99]Substituted ibid.
[100]Substituted by the
[101]Inserted ibid.
[102]Inserted by the
[103]Substituted ibid, for the words “Recall of a”.
[104]Added ibid.
[105]Substituted ibid, for the word “recall”.
[106]Substituted by the
[107]Ibid.
[108]Ibid, for the
words “Naib Union Nazims of respective Union Councils and as members of Tehsil
Council”.
[109]Ibid, for the words “appear before the Tehsil
Council and address it”.
[110]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed
under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[111]Omitted by the
Punjab Local Government (First Amendment) Ordinance 2001 (XVIII of 2001), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[112]Inserted by the
[113]Inserted by the
[114]Section 84
“External Recall of Union Nazim” omitted by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[115]Substituted ibid, for the words “Internal recall”.
[116]Substituted ibid.
[117]Omitted by the
[118]Substituted ibid, for the words “appear before the
Union Council and address it”.
[119]Substituted for
the “full-stop” by the Punjab Local Government (Third Amendment) Ordinance 2001
(II of 2002), which will remain
in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of
three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[120]Added ibid.
[121]Substituted for the
word “twenty-one” by the Punjab Local Government (Amendment) Act 2005.(X of
2005).
[122]Ibid, for the word “twelve”.
[123]Ibid, for the word “four”.
[124]Ibid, for the word “six”.
[125]Substituted by the
[126]Substituted for
the word and figure “Part-III” by the Punjab Local Government (Fifth Amendment)
Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum
limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[127]Substituted for the
full-stop by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[128]Added ibid.
[129]Substituted for the
word “officer” by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[130]Inserted ibid.
[131]Ibid.
[132]Substituted for the
words “Zila Nazim” by the Punjab Local Government (Amendment) Act 2005 (X of
2005).
[133]Substituted ibid.
[134]Ibid, for the words “District Government”.
[135]Ibid, for the words “appear before the Union
Council and address it”.
[136]Added by the
[137]Substituted ibid, for the words and comma “Within
ninety days of the assumption of office, upon”.
[138]Substituted for the
words and comma “shall, within ninety days” by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[139]Substituted ibid, for the word “shall”.
[140]Substituted by the Punjab Local Government
(Fifth Amendment) Ordinance 2002 (XXXV of 2002), which will remain in force
under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed
under Article
128 of the Constitution of the Islamic Republic of Pakistan.
[141]Substituted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[142]Ibid.
[143]Substituted for
the “full-stop” by the Punjab Local Government (Amendment) Ordinance 2002 (XV
of 2002), which will remain in force
under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months
prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[144]Added ibid.
[145]Substituted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[146]Substituted for the
word “Officer” by the Punjab Local Government (Eighth Amendment) Ordinance 2002
(LXIV of 2002), which will remain
in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of
three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[147]Added by the
[148]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[149]Added by the
[150]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[151]Substituted for the
full-stop by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[152]Added ibid.
[153]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[154]Substituted for the
comma and words “, till such time the adequate capacity is developed to conform
to the national accounting system
prescribed” by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[155]Substituted for the
words, brackets and figure “sub-section (3)” by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[156]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[157]Substituted for the
comma and words “, till such time the adequate capacity is developed to conform
to the national audit system
notified” by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[158]Added by the
[159]Deleted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[160]Renumbered ibid.
[161]Substituted for the
word “may” by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[162]Added ibid.
[163]Substituted ibid.
[164]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[165]Ibid.
[166]Substituted for the
colon by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[167]Provisos omitted ibid.
[168]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[169]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[170]Ibid.
[171]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[172]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[173]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[174]Substituted by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[175]Substituted for the
full-stop by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[176]Added ibid.
[177]Added by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[178]Added by the
Punjab Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[179]Inserted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[180]The words “for
periods not exceeding five years at a time” omitted by the Punjab Local
Government (Amendment) Act 2005 (X of 2005).
[181]Substituted for the
full-stop by the Punjab Local Government (Second Amendment) Ordinance, 2002
(XXXII of 2002), which will remain
in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of
three months prescribed under Article 128 of the Constitution of the Islamic
Republic of Pakistan.
[182]Added ibid.
[183]Substituted by the
Punjab Local Government (Sixth Amendment) Ordinance 2002 (XLIII of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[184]The word “Zila”
omitted by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[185]Ibid.
[186]Substituted ibid, for the words “Inspector
General Police”.
[187]Substituted for the
full-stop by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[188]Added ibid.
[189]Substituted ibid.
[190]The words
“Chairman and” omitted by the Punjab Local Government (First Amendment)
Ordinance 2001 (XVIII of 2001), which will remain
in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of
three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[191]Added by the
[192]Substituted ibid for
the word “funds”.
[193]Added ibid.
[194]Existing section
re-numbered ibid, as sub-section (1).
[195]The word “and”
omitted by the Punjab Local Government (Amendment) Act 2005 (X of 2005).
[196]Substituted ibid, for the full-stop.
[197]Added ibid.
[198]Ibid.
[199]Inserted by the
[200]Substituted for the
words “initiate proceedings for recall against such Nazim as provided in
sections 62 and 84” by the Punjab Local
Government (Amendment) Act 2005 (X of
2005).
[201]Inserted by the
[202]Substituted by the
Punjab Local Government (Second Amendment) Ordinance, 2002 (XXXII of 2002),
which will remain in force under
the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[203]Inserted by the
[204]Substituted by the
[205]Substituted by the
[206]Added by the
[207]Substituted ibid, for the word “three”.
[208]Substituted ibid.
[209]Substituted by the
[210]Inserted ibid.
[211]Inserted by the
Punjab Local Government (Fourth Amendment) Ordinance 2002 (XXXIV of 2002),
which will remain in force under the
Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[212]Substituted for the
word “sixty” by the Punjab Local Government (Tenth Amendment) Ordinance 2002
(LXVI of 2002), which will remain
in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit
of
three months prescribed under Article 128 of the Constitution of the Islamic
Republic of Pakistan.
[213]Substituted by the
[214]Ibid.
[215]Added ibid.
[216]Substituted by the
Punjab Local Government (Seventh Amendment) Ordinance 2002 (XLIV of 2002),
which will remain in force under the
Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[217]Existing
section re-numbered as sub-section (1) by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[218]Added
ibid.
[219]Substituted
ibid.
[220]Section
163 “Ineligibility for re-election” omitted by the Punjab Local Government
(Amendment) Act 2005 (X of 2005).
[221]Inserted
by the
[222]Numbered by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[223]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[224]Sub-section (2)
added by the Punjab Local Government (First Amendment) Ordinance 2001 (XVIII of
2001), which will remain in force
under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit
of three months
prescribed under Article 128 of the Constitution of the Islamic
Republic of Pakistan.
[225]Original
sub-section (2) re-numbered ibid., as
sub-section (3).
[226]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[227]Substituted
for the words “local government may delegate any of its” by the Punjab Local
Government (Amendment) Act 2005 (X of 2005).
[228]Substituted
ibid.
[229]Added by the
Punjab Local Government (Second Amendment) Ordinance, 2002 (XXXII of 2002),
which will remain in force under the Provisional
Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[230]It stood repealed
on 25 July 2002, vide Government of
the Punjab, Local Government and Rural Development Department Notification
No.SOV(LG)5-3/2001, dated 25-7-2002, published
in the Gazette of Punjab
(Extraordinary), dated 26-9-2002, p.2821.
[231]Substituted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed
under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[232]Added
by the
[233]The institutions
under the control of TEVTA shall not be decentralised; the District Government
may open new institutions for Technical
Education.
[234]Clause (x) omitted
by the Punjab Local Government (First Amendment) Ordinance 2001 (XVIII of
2001), which will remain in force under
the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed
under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[235]Re-numbered ibid.
[236]Ibid.
[237]The Housing Urban
Development & Public Health Engineering Department shall be decentralised
to the Tehsil Municipal Administration
but an appropriate nucleus staff may be
retained for intra-district coordination of tehsil level plans.
[238]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[239]Substituted ibid.
[240]The words “as
prescribed” deleted by the Punjab Local Government (Eighth Amendment) Ordinance
2002 (LXIV of 2002), which will remain
in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of
three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[241]Ibid.
[242]The words “as
prescribed” deleted by the Punjab Local Government (Eighth Amendment) Ordinance
2002 (LXIV of 2002), which will remain
in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of
three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[243]Ibid.
[244]Added by the Punjab
Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which will
remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[245]Substituted for “the
provincial ombudsman” by the Punjab Local Government (Sixth Amendment)
Ordinance 2002 (XLIII of 2002), which
will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum
limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[246]Substituted
by the
[247]Added by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[248]Re-numbered ibid.
[249]Deleted by the
Punjab Local Government (Fifth Amendment) Ordinance 2002 (XXXV of 2002), which
will remain in force under the Provisional
Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under
Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[250]Substituted
for the full-stop by the Punjab Local Government (Amendment) Act 2005 (X of
2005).
[251]Added
ibid.
[252]Omitted
by the
[253]Ibid.
[254]Substituted
by the
[255]Substituted for
the word “Board” by the Punjab Local Government (First Amendment) Ordinance
2002 (XXV of 2002), which will remain
in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of
three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[256]Substituted
for the words and comma “Whoever begins, continues or completes” by the Punjab
Local Government (Amendment) Act 2005
(X of 2005).
[257]The
words “shall be punishable with fine as prescribed” omitted
ibid.
[258]The
words “Any
person who fails, without reasonable cause, to comply with a requisition made upon
him under this paragraph shall be punishable
with such fine as may be
prescribed by the concerned local government and in the case of a continuing
offence, to an additional
fine for every day after the first during which the
failure has continued.” omitted by the Punjab Local
Government (Amendment) Act 2005 (X of 2005).
[259]Substituted for
the word “cantonment” by the Punjab Local Government (First Amendment)
Ordinance 2002 (XXV of 2002), which will
remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit
of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[260]Omitted
by the
[261]Substituted for the words “Penalty for” by the Punjab
Local Government (Amendment) Act 2005 (X of 2005).
[262]Ibid, for the
words “Any person who keeps”.
[263]The
commas and words “, shall be punishable with fine as prescribed and, in the case of a
continuing offence, with an additional fine for every day after
the first
during which the offence is continued” omitted ibid.
[264]Substituted
ibid, for the words “Penalty for”.
[265]Ibid, for the
word “Whoever”.
[266]Ibid, for the
words “sells
or exposes”.
[267]The
commas and words “, shall be punishable with fine as prescribed and in the case of a
continuing offence, with an additional fine for every day after
the first
during which the offence is continued” omitted ibid
[268]Substituted
by the
[269]Omitted
by the
[270]Substituted
by the
[271]Omitted
by the
[272]Added by the Punjab
Local Government (Eighth Amendment) Ordinance 2002 (LXIV of 2002), which will
remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[273]Added
by the
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