THE
(Ordinance XIII of 2001)
C O N T E N T S
Section Heading
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. [Omitted].
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 transfers 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. Election Commission to
conduct 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
of results.
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. Dissolution
of local governments.
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 PUNJAB LOCAL GOVERNMENT ORDINANCE, 2001
(Ordinance
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 as 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] [[12][(xxvii-b) ‘Provincial Allocable Amount’ means monies declared as such for distribution among local governments 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 [13][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 [14][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.– [15][(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.
[16][(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 [17][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.[18]
(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.
[19][(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 [20][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) [21][*]
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 [22][* * *] 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 [23][elected] under sub-section (6) of section 156 or a new Zila Nazim is elected under sub-section (5) of that section:
[24][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.
[25][23.* * * * * * * * * * * *]
24. [26][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.
[27][(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 [28][Election Commission], the Zila
Nazim shall cease to hold office forthwith and the notification shall be issued
in this behalf by the [29][Election Commission] accordingly.]
[30][(5) * * * * * * * * * * * *]
(6) Where the motion fails in the Zila Council, the proposer and seconder of such motion shall lose their seats both as [31][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 [32][(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 [33][.]
[34][*
* * * * * * * * * * * *]
[35][*
* * * * * * * * * * * *]
[36][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 [37][* * *] 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.– [38][(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 [39][* * *].]
(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;
[40][(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; [41][* * *]
(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 [42][;] [43][and]
[44][(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 [45][such] officers and officials to the district
offices, groups of offices or other offices in the district specified in the
First Schedule [46][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 [47][may] accede to the
request of the Zila Nazim [48][* * *].
[49][(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.
[50][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
[51][* * * * * * * * * * * *]
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 [52][primary] responsibility for discharge of such function shall continue to vest with the [53][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;
[54][(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 [55][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 [56][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 [57][(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:
[58][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 [59][* * *]; 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 [60][:]
[61][Provided
that the member presiding the meeting shall not vote except in the case of
equality of votes.]
[62][(4) In
the first meeting of the Council to be convened and presided over by the
Returning Officer nominated by the [63][Election Commission], the members
of the Zila Council shall elect from amongst themselves a Naib Zila Nazim
securing majority votes of total membership of the Council [64][* * *].
(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.]
[65][(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.
[66][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. [67][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 [68][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 [69][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.
[70][(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 [71][Election Commission] accordingly.]
[72][(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 [73][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 [74][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.– [75][*] 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:
[76][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.– [77][*] 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 [78][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, [79][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,
[80][(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;
[81][(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 [82][* * *];
(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.
[83][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 [84][* * *] 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.
[85][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.]
[86][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:
[87][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.
[88][62. * * * * * * * *
* * * *]
63. [89][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;
[90][(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 [91][Election Commission], the Tehsil
Nazim shall cease to hold office forthwith and the notification shall be issued
in this behalf by the [92][Election Commission] accordingly.]
[93][(5) * * * * * *
* * * * * *].
(6) Where the motion fails in the Tehsil Council, the proposer and
seconder of such motion shall lose their seats both as [94][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 [95][.]
[96][*
* * * * * * * * * * * *]
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.
[97][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 [98][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 [99][* * *] in these provisions [100][to] Tehsil Nazim, Naib Tehsil Nazim or Tehsil Municipal Administration shall, [101][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 [102][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.
[103][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.– [104][(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.
[105][(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 [106][:]
[107][Provided
that the member presiding the meeting shall not vote except in the case of
equality of votes.]
[108][(4) In
the first meeting of the Council to be convened and presided over by the
Returning Officer nominated by the [109][Election Commission], the members
of the Tehsil Council shall elect from amongst themselves a Naib Tehsil Nazim
securing majority votes of total membership of the Council [110][* * *].
(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.]
[111][(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.
[112][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.]
[113][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. [114][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 [115][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 [116][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.
[117][(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 [118][Election Commission].]
[119][(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 [120][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 [121][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
[122][(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;
[123][(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 [124][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, 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.
[125][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.
[126][84. * * * * * * * * * * * *]
85. [127][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.
[128][(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 [129][Election Commission], through a
secret ballot, the Union Nazim shall cease to hold office forthwith and the
notification shall be issued in this behalf by the [130][Election Commission].]
(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.
[131][(6) * * * * * * * * * * *]
(7) The Union Nazim shall have the right to [132][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[133][;] [134][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 [135][thirteen] following members elected directly in accordance with section 148–
(a) [136][six] Muslim members,
elected to general seats, including [137][two] reserved for women;
(b) [138][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:
[139][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 [140][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 [141][:]
[142][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 [143][official] authorized by the Union Council.
[144][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.]
[145][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 [146][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.
[147][(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 [148][Election Commission], 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 [149][Election Commission] shall notify the result of the approval of the motion by the Union Council.
(7) The Naib Union Nazim shall have the right to [150][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.
[151][(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.– [152][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 [153][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 [154][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.
[155][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.
[156][(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.
[157][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 [158][:]
[159][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
[160][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 [161][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.
[162][(5) A local government may allocate up to twenty-five percent of the development budget for utilization in accordance with 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.
[163][(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.
[164][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.]
[165][(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.]
[166][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 [167][:]
[168][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.
[169][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 [170][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 [171][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.]
[172][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, [173][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.]
[174][(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.]
[175][115-A. * * * * * * * * * * * *]
[176][115-A]. Internal audit.– (1) Nazim of each District Government and Tehsil Municipal Administration or Town Municipal Administration [177][shall] appoint an Internal Auditor [178][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.
[179][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.]
[180][116-A. Additional power of taxation.- Notwithstanding anything contained in this
Ordinance, the Government may, by rules, prescribe a tax or fee not
specifically specified in the Second Schedule but such tax or fee shall be
recovered by the Local Government.]
[181][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).]
[182][118. Collection of taxes.– (1) All taxes levied under this Ordinance shall be collected, as prescribed [183][.]
[184][* * * * * * * * * * * * *]
(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 [185][may] 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.
[186][(3) The grant referred to in sub-section (2)
shall be spent from the funds reserved in the annual development budge for
Citizen Community Boards.]
(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.
[187][(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.
[188][(8) The funds allocated 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/Town Officer (Finance) for a Tehsil/Town Municipal Administration and a Union Secretary, incharge of finance, for a Union Administration.]
[189][(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.
[190][(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.]
[191][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 Punjab shall forthwith
constitute a Provincial Finance Commission for the
[192][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
[193][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.]
[194][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 [195][:]
[196][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.
[197][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.]
[198][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.
[199][(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 [200][* * *] [201][:]
[202][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.–
[203][(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 [204][*]
Nazim for implementation.]
(2) Where the situation demands immediate action and the [205][*] 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 [206][Provincial Police Officer] and the District
Coordination Officer concerned to take such actions as the situation may
necessitate [207][:]
[208][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.]
[209][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 [210][* * *] 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 [211][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 [212][a separate budget] for the
Provincial Local Government Commission in the annual budget.
[213][(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.– [214][(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; [215][*]
(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 [216][;]
[217][(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.]
[218][(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.
[219][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 [220][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.
[221][(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.
[222][(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.
[223][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.]
[224][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
[225][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.
[226][150. Election Commission to conduct local government
elections.– (1) The Election Commission shall conduct the
local government elections.
(2) In this Ordinance, “Election Commission” means the Election Commission
constituted under Article 218 of the Constitution of the Islamic Republic of
Pakistan.]
[227][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 [228][Election Commission] 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 [229][Election Commission] 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.
[230][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 [231][for the vacant
seats of members of Councils] shall be held once a year on a date or dates
fixed by the [232][Election Commission].
[233][(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 [234][, as far as
practicable, one hundred and twenty] days of the occurrence of vacancy as
provided in sub-section (1) of section 148.
[235][(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.
[236][(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.]
[237][(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 [238][Election Commission] may specify.
(2) The electoral rolls for the local government
elections shall be prepared by the [239][Election Commission] 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.
[240][158. Bar against Nazims for dual
membership, etc..– [241][(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.]
[242][(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.]
[243][159. Term of office.– 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.]
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 [244][Election Commission] on his own
motion against a member, Nazim or Naib Nazim, the [245][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 [246][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 [247][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 [248][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.
[249][163. * * * * * * * * * * * *]
[250][164. Notification of results.–
The Election Commission shall notify every election, by-election and result of
the election or by-election and resignation, removal or recall of a member,
Nazim or Naib Nazim.]
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.
[251][179-A. Dissolution of local governments.– (1) This section shall have effect notwithstanding
anything contained in this Ordinance or in any other law.
(2) For purposes of holding next elections to the local governments,
all Zila Councils, Tehsil Councils, Town Councils and Union Councils shall
stand dissolved with immediate effect.
(3) Consequent upon the dissolution of the Councils under sub-section
(2), all Nazims, Naib Nazims and members of the Councils shall cease to hold
their respective offices.
(4) The Government shall appoint a person as Administrator for a local
government to perform the functions and exercise the powers of the Nazim, Naib
Nazim and Council under the Ordinance or any other law.
(5) The Government may issue general or special directions to an
Administrator in the performance of his functions or exercise of powers under
sub-section (4).
[252][(5a) The Government
may, subject to previous publication and by notification in the official
Gazette, change the boundaries of a union, tehsil or town and such change shall
take effect from the date of the notification.]
[253][(6) The
Government may, by notification, designate an officer who shall initiate annual
performance report in respect of a District Coordination Officer.]]
[254][(7) The Government may appoint an Ad hoc Accounts Committee for all local governments in a district.
(8) The
Ad hoc Accounts Committee shall consist of the following members:-
(a) four members of the Provincial Assembly of the
(b) three official members.
(9) The
Government shall nominate members of an Ad hoc Accounts Committee and
appoint Convener from amongst the members of the Committee.
(10) The Ad hoc Accounts Committee shall be deemed to be the Accounts Committee of the Zila Council, Tehsil/Town and Union Councils of the district for purposes of the Ordinance and the rules made thereunder and shall perform all the functions and exercise all the powers of the Accounts Committee of all the local governments in the district.
(11) An Administrator shall receive the audit reports of the local government and refer the audit reports for examination to the Ad hoc Accounts Committee of the district.
[255][(12) The Government shall, within two hundred and forty days, notify a date of holding of election of the local governments to the Election Commission.]
(13) This section shall remain in force till
holding of the next election of the local governments in the Province and shall
stand omitted on assumption of offices by the elected representatives of the
local government.]
Chapter XVIII
Managing
Transition
180. Succession of the properties, assets and
liabilities.– [256][(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.
[257][(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 |
[258][(4) * * * * * * * * * * *]
(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).
[259][(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.]
[260][(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).
[261][193-A. Delegation of Powers.– A [262][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.
[263][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.]
[264][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[265]; 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.
[266][(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.
[267][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[268]
(xvi) [269][* * *]
(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) [270][* * *]
(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) [271][* * *]
(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) [276][*
* *].
(viii) [277][* * *]
(ix) [278][* * *]
[279][ * * * * * * * * * * *]
[282][(xi)] Works and Services: [283]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.
[284][(q) Fire fighting.]
[285][Second
Schedule
[See
Sections 39(b), 54(1), 54-a, 67(i), 67-a & 88(b)]
Part-I
I. Zila
Council.
1. Education tax [286][* * *].
2. Health tax [287][* * *].
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 [288][* * *].
2. Health tax [289][* * *].
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.
[290][15. Water conservancy charge at the rate of sixty
thousand rupees per annum from the owner or occupant of a house or any other
building, except an educational institution, having a swimming pool with a
minimum surface area of two hundred and fifty square feet.]
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-erection 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.
[291][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;
[292][(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.
[293][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. |
[294][District
Coordination Officer] 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. |
[295][District
Coordination Officer]. 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. |
[296][District
Coordination Officer]. 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);
[297][18. Local
government (Citizen Community Board);
19. Local government (Procurement);
20. Local government (Fiscal Transfers);]
[298][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. [299][*
* * * * * * * * * * *]
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 [300][; and]
[301][(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.
[302][(5) * * * * * * * * * * * *]
[303][(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.
[304][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 [305][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.– [306][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.
[307][* * * * * *
* * * * * * *]
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. [308][* * *]
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 [309][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) [310][* * * * * * * * * * *]
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. [311][Prohibition of] keeping market or slaughter-house open without licence, etc.– (1) [312][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 [313][* * *].
(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. [314][Prohibition of] using unclicensed market or slaughter-houses.– [315][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, [316][sell or expose] for sale any article in such market, or slaughters any animal in such slaughter-house [317][* * *].
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.
[318][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) [319][* * * * * * * * * * * *]
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
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.
[320][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) [321][* * * * * *
* * * * * *]
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.
[322][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.]
[323][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. |
Rs.1,000 |
Tehsil/Town Officer (Municipal Regulations). |
|
|
b. Plying
of handcarts for the sale of goods without permission. |
Rs.200 |
|
|
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/ 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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|
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|
|
|
|
|
|
|
|
|
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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 |
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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 |
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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 |
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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. |
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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. |
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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 |
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12. INCENTIVES PROVIDED TO INSPECTORS
NAME OF LOCAL GOVERNMENT ___________________________
|
SR |
NAME OF INSPECTOR |
DATE INCENTIVE RECEIVED |
AMOUNT RECEIVED RS. |
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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 |
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TOTAL |
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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 |
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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 |
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TOTAL |
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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 |
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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 |
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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. |
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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 |
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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. |
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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 |
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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. |
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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 |
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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 |
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13. INCENTIVES
PROVIDED TO INSPECTORS
NAME OF LOCAL GOVERNMENT ___________________________
|
NO OF INSPECTOR PROVIDED
INCENTIVES |
AMOUNT OF INCENTIVE |
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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 |
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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] |
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392