PUNJAB LOCAL GOVERNMENT (APPEAL) RULES, 2002

THE PUNJAB LOCAL GOVERNMENT (APPEAL) RULES, 2002

[15th March, 2002]

[SOV(LG)5-1/2002]

THE PUNJAB LOCAL GOVERNMENT (APPEAL) RULES, 2002

1.Short title, commencement and application. - (1) These rules may be called the Punjab

Local Governments (Appeal) Rules, 2002.

(2)They shall come into force at once.

(3)These rules shall apply to all appeals preferred against orders passed under the

Punjab Local Government Ordinance, 2001, and the rules or bye-laws framed

thereunder except appeals relating to service matters of employees working under

the Local Governments.

2.Appellate Authority.- Except as otherwise provided in the Punjab Local Government

Ordinance, 2001 or the rules framed thereunder an appeal from an order of the authority specified

in column-2 of Schedule-I annexed to these rules, shall lie to the authority specified in column-3

thereof.

3.Limitation. - (1) Except as otherwise provided in the Punjab Local Government Ordinance,

2001, or the rules framed thereunder, the period within which an appeal under these rules may be

preferred shall be thirty days from the date of the order appealed from.

(2)In computing the period of limitation prescribed for an appeal the time requisite for

obtaining a certified copy of the order appealed from shall be excluded.

(3)An appeal may be admitted after the period of limitation prescribed therefore when

the appellant satisfies the Appellate Authority that he had sufficient cause for not

preferring the appeal within such period.

4.Manner in which appeals are to be filed. - (1) Every appeal shall be preferred in the form

of a memorandum and shall be presented to the Appellate Authority or an officer authorized by it

in this behalf, by the appellant personally or through his authorized agent and may be sent to such

authority by registered post.

(2)Every memorandum of appeal shall be in writing and shall set forth concisely the

grounds of objection to the order appealed from and such grounds shall be

numbered consecutively.

(3)Every memorandum of appeal shall be signed and verified by the appellant and

shall, unless the authority before which the appeal is filed dispenses with such

requirements, be accompanied by a certified copy of the order appealed from.

(4)Every appeal received by an Appellate Authority shall be entered in a register of

appeals in Schedule-III appended to these rules,

5.Hearing and decision of appeal. - (1) No appeal shall be decided under these rules

without:-

(i)notice to the authority passing the order appealed against;

(ii)considering any representation that may be made by such authority in

respect of the matter under appeal; and

(iii)giving an opportunity of being heard in person or through duly authorized

agent to the appellant and any other party to the proceedings in which the

order appealed against was passed.

TEXT

(2)The Appellate Authority may, before deciding the appeal, call for the record of the

case from the authority against whose order the appeal is preferred and may cause

such inquiry to be made or obtain such advice, as it may consider necessary.

(3)The Appellate Authority may issue an interim order staying the execution of the

order appealed against where, in its opinion, such execution is likely to affect

materially the redressal sought for by the appellant.

(4)An appeal shall, as far as possible, be decided within ninety days of its filing.

(5)The decision of the appeal shall be communicated to the appellant and to the

authority passing the order appealed from and shall be given effect to by the latter

immediately on its receipt.

(6)The Appellate Authority may determine the costs of an appeal and specify the party

by and to whom such costs shall be paid.

(7)Any cost awarded to a Local Government under these rules shall be recoverable as

arrears of tax leviable under the Punjab Local Government Ordinance, 2001 or the

rules framed thereunder.

6.Transfer of appeal. - Government may transfer an appeal pending before a District Co-

ordination Officer and a District Co-ordination Officer may transfer an appeal pending before any

other Appellate Authority specified in Schedule-I to any other officer of higher or equivalent status

as that of the Appellate Authority specified in the Schedule and he shall exercise all the powers of

the Appellate Authority for the purposes of the appeal.

7.Disposal of pending appeals. - All pending appeals under the repealed Punjab Local

Government Ordinance, 1979 and Punjab Local Councils (Appeal) Rules, 1980 shall be heard

and decided by the authorities mentioned in column-3 of Schedule-II annexed to these rules.

SCHEDULE 1

(See Rule-2)

Sr.

No.

AUTHORITY MAKING THE

ORDER UNDER APPEALAPPELLATE AUTHORITY

1.

District City District

Government.

(i)Concerned Administrative Secretary of the

Government, if the order pertains to the

devolved functions of his department.

(ii)Secretary Local Government & Rural

Development Department, in all other

cases.

2.Officers of District/City District Government.District Coordination Officer.

3.Tehsil / Town Municipal Union Nazim Administration.Secretary Local Government & rural Development Department

4.Officers of Tehsil/Town Municipal AdministrationTehsil/Town Municipal Officer

5.. Union AdministrationTehsil/Town Municipal Officer

6.Officials of Union AdministrationUnion Nazim

SCHEDULE - II

(See Rule-7)

Sr.

No.

AUTHORITY WITH WHOM THE

APPEALS WERE PENDING

NEW APPELLATE AUTHORITY

1.CommissionerDistrict Coordination Officer of the District in which the defunct Local Council falls.

2.Deputy CommissionerExecutive District Officer (Revenue) concerned.

3.

Assistant Commissioner/Political

Assistant of de-excluded area of

D.G. Khan District

Deputy District Officer (Revenue) concerned.

4.

Mayors/Chairman of the dissolved

Local Councils.

Nazim of the successor Local Government

concerned.

SCHEDULE - III

REGISTER OF APPEAL RULES 4(4)

Appellate Authority:-

Sr.No.Date of

filling the

appeal

Name of the

appellant

Name of the

respondent (a)

Date and name of the

authority passing the

order appealed

against

The redress

sought for the

appellant

Interim order, if any, of

the appellate authority

with date

Date of

decision of

the appeal

Abstract

of the

decision