THE PUNJAB LOCAL GOVERNMENT
(PROPERTY) RULES 2003
[ NO.SOV(LG
)5-54/03]
[21st October, 2002.]
PRELIMINARY
1.
Short title
and commencement.- (1) These Rules may be called the Punjab Local
Government (Property) Rules, 2003.
(2) They shall come into force at once.
2.
Definitions.-
(1) In these rules unless the subject or context otherwise requires-
(i)
‘Committee’ means the Committee constituted under rule
8, 17(4) and 18(5);
(ii)
‘hazardous waste’ means a waste which contains a
substance or mixture of substance i.e. toxic, explosive, flammable, corrosive,
radioactive or is likely to cause, directly or in combination with other
matters, an adverse health or environmental effect and includes hospital waste,
nuclear waste or any other waste declared by the Government as hazardous waste;
(iii)
‘industrial waste’ means solid, semi-solid, unwanted or
residual materials from an industrial operation and it may be hazardous or
non-hazardous waste;
(iv)
‘Manager’ means a person prescribed in the Rules of
Business of the Tehsil/Town Municipal Administration and District Government
responsible for the administration, control, management and maintenance of the
Property and, in case of Union Administration, the Union Nazim shall be the
Manager of the Property;
(v)
‘municipal solid waste’ means solid waste generated
within the jurisdiction of a local government except slaughter house, hazardous
hospitals or hazardous industrial waste but includes:
(a)
domestic waste (exclusive of hazardous waste)
consisting of garbage and rubbish such as bottles, cans, clothing, plastics,
disposables, off packaging, food scraps, newspapers and magazines, plastics and
yard trimmings that originates from a household;
(b)
commercial waste (market waste);
(c)
Institutional wastes (schools, hospitals
(non-hazardous), public offices, etc.);
(d)
street sweeping waste;
(e)
garden waste (tree trimming and grass cutting waste);
(f)
solid waste collected from a drain or water course in
an urban area;
(g)
construction or demolition waste;
(h)
industrial waste (except waste generated in designated
industrial estates);
(i)
agricultural waste from farm and agricultural
activities including poultry, cattle farming, animal husbandry, residues from
the use of fertilizers, pesticides and other farm chemicals;
(vi)
‘Ordinance’ means the Punjab Local Government
Ordinance, 2001 (XIII of 2001);
(vii)
‘Property’ means
the Property as specified in Chapter-XIII of the Ordinance;
(viii)
‘Redundant or Encroached Property’ means the Property
declared by the Government as Redundant or Encroached; and
(ix)
‘solid waste’ means any undesirable or superfluous
matter, material, by-product or residue of any process or activity that has
been discarded, accumulated or stored for the purpose of treatment, discarding
or recycling and may be solid or semi solid, and may originate from domestic,
commercial, medical or industrial or other activities, but does not include any
liquid, gas or gaseous product.
(2) Words and
expressions used herein, but not defined in these Rules shall have the same
meanings as are assigned to them in the Ordinance.
MANAGEMENT AND MAINTENANCE OF PROPERTY
3.
Management
of Property.- The Local Government concerned, with approval of its
Council, shall take such steps as may be necessary to ensure
that the Property vested in the District Government, Tehsil/Town and Union
Administration respectively is managed and maintained in the best interest of
the public for the purposes of the Ordinance.
4.
Responsibilities
of the Manager. - The Manager shall –
(a)
take as much care of the Property entrusted to him as a
man of ordinary prudence would,
under similar circumstances, take of his own
property of like nature;
(b)
administer the property as a trust used to the maximum
benefit of the public;
(c)
take steps to ensure that Property meant for use of
public is actually
(d)
ensure that the rented Property fetches the maximum
rent;
(e)
prevent the impairment of the value and utility of the
rented Property;
(f)
prevent the use of Property for any purpose and in any
manner other than specified;
(g)
take necessary steps for repair of all buildings under
his management and control;
(h)
keep all title deeds and other documents, relating to
the Property with duplicate copies of such title deeds and other documents, in
safe custody;
(i)
have the boundaries of lands of the Local Government
demarcated;
(j)
ensure the maintenance of prescribed registers;
(k)
be vigilant about and to check encroachments or
wrongful occupations on Property and in
case there is any encroachment or wrongful occupation take necessary steps for
the removal thereof; and
(1)
prevent the Property against nuisance, damage or
misuse;
(2)
The Manager shall be responsible to the Local
Government for any loss, destruction or deterioration of the Property, if such
a loss, destruction or deterioration occurs as a result of his default or
negligence in discharge of his responsibility.
(3)
Notwithstanding any thing contained in sub rule (1),
the overall responsibility for the proper management and maintenance of the
property shall remain with the concerned Local Government.
5.
Maintenance
of Property. - (1) In case any difficulty arises in the maintenance of
Property, the Manager shall immediately report the matter to
the concerned Council. The Authority concerned of the Council shall within a
week of the receipt of such intimation call the meeting of the Council and
place the matter before it for further decision.
(2) The following
registers shall be maintained in prescribed form by the concerned officer of
the Local Government.
I.
Register of Immovable Property. P-I
II.
Register of Nazul Property. P-II
III.
Rent Demand and Collection Register. P-III
IV.
Arrears Demand and Collection Register. P-IV V. Register of Public Roads and Streets. P-V
VI.
Register of Encroachments. P-VI
VII.
Register of unauthorized occupants of land P-VII or
building(s)
VIII.
Building maintenance register. P-VIII
IX.
Roads and streets maintenance register. P-IX X. Agricultural lands register. P-X
XI.
Register of road side trees. P-XI
XII.
Register of trees and land of local council. P-XII
XIII.
Register of fruit bearing trees. P-XIII
XIV.
Register of movable Property. P-XIV
XV.
Register of furniture. P-XV
XVI.
Register of vehicles. P-XVI
XVII.
Sale of goods register. P-XVIl
XVIII.
District Register. P-XVIII
XIX.
Register of light points and lamp posts. P-XIX XX. Register of water stand posts. P-XX
XXI.
Stock Register for expendable stores. P-XXI
XXII.
Library register containing the detail of books.
P-XXII
XXIII.
Library books issue register. P-XXIII
XXIV.
Newspapers register. P-XXIV
XXV.
Postage stamp register. P-XXV
XXVI.
Purchase of goods register. P-XXVI
XXVII.
Register of all kind of machinery. P-XXVII
XXVIII.
Register of animals. P-XXVIII
XXIX.
Register of losses. P-XXIX
XXX.
Register of Community Centers and other public
places. P-XXX
XXXI.
Any other register prescribed by the Government
or specified by the concerned Local Government.
6.
Map of the
Local Area.- (1) The Local Government may maintain a map or maps of its
local area showing, among other things, the immovable Property vested in it.
(2) A copy of
each map or maps may be kept at the office of the Local Government for
inspection by the Public during office hours.
7.
Verification
and Stock Taking of Property.- (1) The Manager, in the month of July each
year shall –
(a)
take stock of the movable Property under his charge;
(b)
verify the immovable Property under his charge;
(c)
submit a report to the concerned Council showing the
result of such stock taking and verification including:
(i)
particulars of unserviceable articles;
(ii)
losses and wastage if any;
(iii)
cases of defalcation of accounts or misappropriation of
Property, if any; and (iv) proposal for
development and improvement, if any.
(2) 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 Property of the concerned Local Government and submit
a report to the concerned Council, in accordance with Section 123 of the
Ordinance.
ENCROACHMENTS AND REDUNDANT PROPERTY
8.
Committee
for Identification of Redundant/Encroached Property.- (1) The following
Committee shall be constituted to identify, prepare and send report to the
Government and dispose of the Redundant/Encroached Property.
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Sr. No.
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Designation
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Status
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1.
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Zila Nazim.
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Chairman
|
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2.
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District Coordination
Officer.
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Secretary
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3.
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Executive District Officer
(F&P).
|
Member
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4.
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Tehsil/Town Nazim
concerned.
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Member
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5.
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Tehsil Municipal Officer
concerned.
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Member
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(2)
The Committee shall send its report to the Government
in the form of Schedule-l, requesting the Government to declare the Property as
Redundant or Encroached, as the case may be, and grant of permission for its
disposal.
(3)
The Government may declare the Property as
Redundant/Encroached, as the case may be, and accord permission for its
disposal:
Provided that the
Government shall give due regard to the master plan of the concerned city or
town, as the case may be, while declaring Property as Redundant/ Encroached
9.
Procedure
for auction of Redundant/Encroached Property.- (1) The Property shall be
auctioned only after its having been declared Redundant/ Encroached Property
and grant of permission for its disposal.
(2) The following procedure shall be adopted for its auction:-
(a)
the auction shall be made only through open auction;
(b)
for the conduct of an auction, besides local means, a
public notice in not less than two national daily newspapers and at least seven
days before the date fixed for auction shall be given by the Local Government,
through the office of Director General, Public Relations, Punjab;
(c)
the notice shall contain the date, time and place of
auction and specify the terms and conditions for participation in the auction;
(d)
the public notice shall reflect the Khasra numbers of
the Property to avoid any complication;
(e)
the plots or portions carved out for the purpose of
auction shall be of appropriate size and shall be demarcated at site before
auction in such a way that the bidders are aware of the actual position of the
plots or portions;
(f)
the auction shall be held as far as possible at the
place of the situation of the Redundant/Encroached Property or at the place
nearest to it;
(g)
the auction price shall not be less than the price
assessed by the District Price
Assessment Committee, constituted
under relevant rules/procedure prescribed by Board of Revenue, Punjab;
(h)
before the start of auction, all bidders shall deposit
two percent as earnest money of the official reserve price;
(i)
the earnest money deposited shall be refunded forthwith
to the person depositing it, if the Government does not accept the bid. Where
the bid is accepted the deposit shall be adjusted against the bid price of the
Property. In case of successful bid, the bidder shall deposit the balance bid
price within a period of fourteen days starting from date of confirmation of
bid otherwise the earnest money shall stand forfeited and a fresh auction shall
take place;
(j)
the plots shall be advertised for auction only after
clearance of all encumbrances; and
(k)
the auction shall be subject to the concurrence of the
Council and final approval of the Government.
(3) No immovable
Property of a Local Government, other than declared
Encroached/Redundant as herein before provided, shall be
sold.
10.
Right of
Legal Occupants.- The legal occupant shall be allowed the right of first
refusal of the highest bid.
11.
Approval of
Auction.- The recommendations of Committee shall be placed before the
concerned Council and in case of its concurrence, the same shall be forwarded
along with resolution of the Council to the Government for its final approval:
Provided that the Government may approve the bid, cancel it or order fresh
auction.
12.
Utilization
of proceeds of auction.- (1) Funds accruing from such auction shall be kept
in a separate account in accordance with the provisions of the Ordinance
relevant rules and instructions of Government.
(2) The amount
received from such auction/sale shall be utilized exclusively for development
projects by the concerned Local Government and no part thereof shall be
apportioned for non-development expenditures like salary, or purchase of
vehicles or office equipments, etc.
DISPOSAL OF MOVABLE PROPERTY
13.
Unserviceable
articles.- (1) The District Nazim, Tehsil/Town Nazim and Union Nazim, as
the case may be, may declare any movable Property, including stationery,
furniture and fixture and the utensils, vesting in the concerned Council, as
unserviceable: Provided, that the vehicles, machinery, electric utensils can
only be declared as unserviceable upon the recommendation of a duly approved
Government engineer or engineering concern.
(2)
Any movable Property which has been declared as
unserviceable shall be disposed of by the concerned Local Government through
open auction in the manner and to the extent as prescribed in Schedule-II.
(3)
A list of the Property sold or disposed of under
sub-rule (2) shall be placed before the Local Government concerned, from time
to time for information.
14.
Writing off
the unserviceable articles and losses.- All the articles declared
unserviceable under sub -rule (1) of rule 13 and the loss of Property reported
by the Nazim concerned shall be written off by the authority as mentioned in
Schedule-II
15.
Acquisition
of Property.- (1) Whenever any land or other immovable Property is required
by a Local Government for any purpose mentioned in the Ordinance, the concerned
District Nazim, Tehsil/Town Nazim and Union Nazim, as the case may be, may take
such steps as may be necessary to acquire the same by an agreement with the
owner on behalf of the council after inviting quotations through the Press and
subject to other conditions as provided in the Punjab Local Government
(Contract) Rules, 2003.
(2) If any land or
other immovable Property cannot be acquired by an agreement under sub-rule (1)
the Local Government may move for the acquisition of such property under the
relevant law.
MISCELLANEOUS
∗ 16. Lease
of immovable Property.–Subject to these rules, the immovable Property may
be leased out in the following manner:
(a)
the immovable Property shall be given on lease through
competitive bidding and the procedure prescribed in sub-rule (2) of rule 9
shall, mutatis mutandis be followed;
(b)
for the lease of Nazul lands vesting in the Local
Government, policy of the Government for leasing of these lands shall be
followed; and
(c)
the legal occupant of the immovable Property shall be
allowed the right of first refusal of the highest bid.”
117. Auction of solid
waste.– (1) Subject to sub-rule (2), as far as possible, a local government
shall sell the solid waste through open auction on the basis of competitive
bidding.
(2)
A local government shall not auction the hazardous
waste.
(3)
The maximum period for sale of solid waste shall be
twenty years which shall be divided into at least three stages, the initial
sale period shall not be more than ten years and the remaining period shall not
be extended for a period of exceeding five years at a time.
(4)
A committee headed by the District Coordination Officer
and comprising the
Executive District Officer (Municipal Services), Tehsil/Town
Municipal Officer and Tehsil/Town Officer (I&S) and District Excise &
Taxation Officer shall conduct the auctioning of solid waste of a City District
Government or Tehsil Municipal Administration.
(5)
The committee shall conduct the auction of solid waste
and, after completing the auction proceedings shall forward its recommendations
to the Zila/Tehsil Council for confirmation or rejection of the auction.
(6)
The committee shall fix reserved price and every bidder
shall deposit ten percent of the reserved price as earnest money in the funds
of the local government to enable him to take part in the auction proceedings
and the local government shall retain the earnest money of the successful
bidder as security for successful completion of the sale contract.
(7)
As for as possible, the Zila/Tehsil Council shall
confirm or reject the auction proceedings within fifteen days after receipt of
the case referred to it by the committee and if the Council rejects the auction
proceedings, the solid waste may be
re-auctioned and the process may be initiated within one month.
(8)
In case the successful bidder does not make payment
within the stipulated period, his earnest money shall stand forfeited and the
solid waste may be placed for re-auction.
(9)
The auction price for the first year shall be deposited
by the successful bidder in advance within ten days of the communication to him
of confirmation of his offer and he shall execute a written agreement
containing the terms and conditions of the sale:
Provided for each
subsequent year, the auction price shall be paid in advance by the bidder by 10th day of the first month
of each auction year.
(10)
In case of default in timely payment, a penalty at the
rate of fifteen percent per annum shall be charged, in addition to the amount
of default; provided that the agreement shall stand automatically cancelled in
case default continues for more than ninety days.
(11)
Three months before the expiry of the entire auction
period, solid waste shall be put to open auction in accordance with the
procedure mentioned above and the existing contractor, subject to payment of
outstanding dues, if any, shall have the first right of refusal of the highest
bid.
(12)
Where the initial or extended contract period has
expired, further extension within the total contract period may be granted on
the current market price assessed by the auction committee and approved by the
local government.
(13)
The contractor shall be responsible for the safe
recycling, treatment and disposal process of the solid waste after collection
from the local government and he shall follow all laws, rules, regulations,
byelaws and other mandatory requirements such as the relevant local government
and environmental approvals.
Substituted vide gazette Notification dated
13-4-2011. 1 Inserted vide
gazette Notification dated 13-4-2011.
(14)
The contractor shall take adequate measures to minimize
the possible pollution of air, water and soil.
(15)
The employees, agents and contractors of the local
government may visit or inspect facilities of the contractor established for
the recycling, treatment and disposal process of the solid waste.
(16)
The local government may conduct a third party audit of
the solid waste recycling, treatment and disposal process facilities of the
contractor on annual or biannual basis.
[1]18. Lease of immovable Property for petrol
pumps etc.– (1) A local
government shall grant lease of immovable Property through open auction for the
purposes of establishment of petrol pump, CNG station or service station.
(2)
Unless, it is specifically provided otherwise, the following categories of immovable
Property shall be deemed to have been expressly excluded from the purview of
lease under this rule:
(i)
Property reserved or earmarked for public purpose;
(ii)
Property reserved or earmarked for allotment under
permanent schemes;
(iii)
all mines, minerals and quarries including all
substances of mineral nature which may be excavated from the earth, whether on
the surface of or under the land with liberty to search for, work and remove
the same, as full or any part thereof as if the tenancy had not been granted;
(iv)
all rivers and streams with their beds and banks; and
(v)
all water courses and drainage channels, and all public
thorough-fares existing thereon and to be constructed in future as shown in the
plans which are open for inspection at the office of the local government.
(3)
The size of a plot leased out under this rule shall be
up to a maximum of eight kanal and minimum of two kanal in rural a area and
maximum of two kanal and minimum of one kanal in an urban area.
(4)
Notwithstanding anything contained in this rule, the
limit on size of plot shall not apply to the existing sites of petrol pumps,
CNG stations or service stations.
(5)
A Committee headed by the District Coordination Officer
and comprising the
Collector of the District, District Excise and Taxation
Officer, District Officer (Roads) and Tehsil/Town Municipal Officer shall
conduct auctioning of lease of immovable Property under this rule.
(6)
A local government shall identify the immovable
Property for auction under this rule and refer the matter to the District
Coordination Officer.
(7)
The Committee shall assess the market rent of the
immovable Property on the basis of recommendations of the District Rent
Assessment Committee notified by the Board of Revenue, Punjab.
(8)
The Committee shall, with the permission of the
Divisional Commissioner, treat the assessed rent as the base rent for obtaining
bids in the auction.
(9)
Every bidder shall deposit one fourth of the assessed or
base rent as earnest money in the funds of local government.
(10)
The local government shall retain the earnest money of
the successive bidder as security for successful completion of the lease
period.
(11)
The Committee after completing the auction proceedings shall
forward its recommendations to the Zila, Tehsil or Town Council for
confirmation or rejection of the auction.
(12)
The Council may confirm or reject the auction
proceedings within fifteen days after receipt of the case referred to it by the
Committee.
(13)
If the Council rejects the auction proceedings, the
Committee shall re-auction the immovable Property in accordance with this rule.
(14)
In case the successive bidder fails to make payment of
dues within stipulated period, the local government shall forfeit his earnest
money of security and refer the case to the Committee for re-auction.
(15)
After confirmation of the auction, the successful
bidder shall deposit the lease rent of the first year within ten days of the
communication of confirmation of auction and execute a lease deed with the
local government.
(16)
The local government shall within ten days of the
deposit of the lease rent for the first year and execution of the lease deed
hand over possession of the immovable Property to the lessee:
Provided that for
the subsequent years of lease, the lessee shall pay the lease rent in advance
in the month of January with ten percent annual increase in the rate of
existing rent and other charges, if any.
(17)
In case of default in payment of advance annual rent in
the month of January, a penalty at the rate of fifteen percent per annum shall
be charged in addition to the rent and the lease deed shall automatically stand
cancelled in case of default of payment of the rent within ninety days of the
first day of January of that year for which the rent became due.
(18)
The maximum period of lease of immovable Property under
this rule shall be thirty years.
(19)
The initial lease period shall not be more than fifteen
years and for the remaining period, the lease period shall not be extended for
more than ten years at one time.
(20)
The local government and the Committee shall complete
the process of re-auction of the immovable Property at least three months prior
to the expiry of the maximum period of lease.
(21)
Where the initial or extended period of lease has been
expired, the local government may grant further extension of the lease period
remaining within the maximum lease period on the concurrent market rent
assessed by the District Rent Assessment Committee notified by the Board of
Revenue, Punjab and approval of the Divisional Commissioner.
(22)
In case of re-auction of the immovable Property due to
the expiry of the lease period, the ex-lessee shall have first right of refusal
subject to payment of outstanding dues, if any.
(23)
Where the ex-lessee fails to exercise his option under
sub-rule (22), he shall, within thirty days from the date of offer for exercise
of option of first right of refusal, remove the structure, machinery or
equipment constructed or installed at the immovable Property.
(24)
If the ex-lessee fails to remove the structure,
machinery or equipment from the land within the stipulated time, the local
government shall remove the same and hand over the possession of the vacant
land to the successful bidder and recover the cost of removal of the structure,
machinery or equipment from the ex-lessee as arrears of land revenue.
(25)
In the event of death of the lessee during the currency
of lease, the lease holding rights shall be inheritable by his legal heirs.
(26)
A lease under these conditions shall be subject to all
rights of way, water and easement, if any subsisting thereon.
(27)
The lessee shall not cut or remove any tree from the
immovable Property without permission in writing of the local government and
without payment of price thereof as estimated by the local government.
(28)
The lessee shall not remove sand, earth or any minerals
from the immovable Property.
(29)
The lessee shall not use the land or any part thereof
for any purpose other than the one for which the lease has been granted,
provided that the lessee may erect buildings, construct tanks or make any other
improvement for better use of immovable Property or its more convenient use for
the aforesaid purpose.
(30)
A local government shall not grant lease of State land
which is in its possession for the purpose of installation of petrol pump, CNG
station or service station and comply with the directions of the Board of
Revenue for the purposes of lease of the State land.
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