PUNJAB LOCAL GOVERNMENT ACT 2013
( XVIII of
2013)
[23rd
August, 2013]
An
Act
to rationalize and reorganize the local
government system in the Punjab.
Preamble.–
Whereas it is expedient to establish an elected local government system to
devolve political, administrative and financial responsibility and authority to
the elected representatives of the local governments; to promote good
governance, effective delivery of services and transparent decision making
through institutionalized participation of the people at local level; and, to deal
with ancillary matters; It is enacted as follows:-
CHAPTER I
INTRODUCTION
1.
Short title,
extent and commencement.– (1) This Act may be cited as the Punjab Local
Government Act 2013.
(2)
It extends to the whole of the Punjab except the
Cantonment areas or any other area excluded by the Government by notification
in the official Gazette.
(3)
It shall come into force on such date as the Government
may, by notification, appoint and different dates may be appointed for coming
into force of different provisions of this Act.
2.
Definitions.– In this Act:
(a)
“Authority” means a District Education Authority or a
District Health Authority;
(b)
“budget” means an official statement of the income and
expenditure of a local government
for a financial year;
(c)
“building” includes any shop, house, hut, outhouse,
shed, stable or enclosure built of any material and used for any purpose, and
also includes a wall, well, verandah, platform, plinth, ramp, stair-case and
steps;
(d)
“building line” means a line beyond which the outer
face or any part of an external wall of a building may not project in the
direction of any street, existing or proposed;
(e)
“bye-laws” means bye-laws made under this Act;
(f)
“cattle” includes cows, buffaloes, bulls, oxen,
bullocks, heifers, calves, camels, sheep, goats and others;
(g)
“Chairman” means the Chairman of a local government;
(h) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(i)
“conservancy” means the collection, treatment, removal
and disposal of refuse;
(j)
“dairy” includes any farm, cattle-shed, cow-house, milk
store, milk shop or any other place from where milk or milk products are
supplied for sale;
(k)
“Deputy Mayor” means a Deputy Mayor of the
Metropolitan Corporation or a
Municipal Corporation;
(l)
“District” means a District notified under the Punjab
Land Revenue Act, 1967 (XVII of 1967);
(m)
“drain” includes a sewer, a house drain, a drain of any
other description, a tunnel, a
culvert, a ditch, a channel or any other device for carrying sullage or rain
water;
(n)
“dwelling house” means any building used substantially
for human habitation;
[1][(na)
“election” means an election held under this Act and includes a byeelection;]
(o)
“Election Commission” means the Election Commission
constituted under Article 218 of the Constitution of the Islamic Republic of
Pakistan;
(p)
“factory” means a factory as defined in the Factories
Act, 1934 (XXV of 1934);
(q)
“food” includes every eatable used for food or drink by
human beings but does not include drugs or water;
(r)
“Government” means Government of the Punjab;
(s)
“infectious disease” means cholera, plague, smallpox
and tuberculosis, and includes such other disease as the Government may, by
notification, declare to be an infectious disease for purposes of this Act;
(t)
“land” includes the land which is being built up or is
built up or is covered with water or is under cultivation or is fallow;
(u)
“Local Fund” means the fund of a local government;
(v)
“local government” means a Union Council, a Municipal
Committee, a Municipal
Corporation, the Metropolitan Corporation, a
District Council or an Authority;
(w)
“market” means a place where persons assemble for the
sale and purchase of meat, fish, fruit, vegetables or any other article of food
or for the sale and purchase of livestock or animals and includes any place
which may be notified as a market;
(x)
“Mayor” means the Mayor of the Metropolitan
Corporation or a Municipal
Corporation;
(y)
“member” means a member of a local government;
(z)
“Metropolitan Corporation” means Metropolitan
Corporation Lahore;
(aa)
“misconduct” means transgression of the prescribed code
of conduct or dereliction of duty or deliberate unlawful behaviour or violation
of law or rules or any lawful directions or orders of the Government and
includes:
(i)
gross negligence in the performance of duties with
manifest
wrongful intent or evil design;
or
(ii)
an act that results in wrongful gain to any person by
wrongful application of law; or
(iii)
making or managing appointment, promotion or transfer
of an officer or official in violation of law or rules or for extraneous
consideration; or
(iv)
bribery, corruption, jobbery, favoritism, nepotism or
willful diversion of the fund of the local government;
(bb)
“Municipal Committee” means a Municipal Committee
constituted under this Act;
(cc)
“Municipal Corporation” means a Municipal Corporation
constituted under this Act;
(dd)
“municipal offence” means an act or omission
punishable under this Act and
includes an act or omission declared as municipal offence under any other law;
(ee)
“municipal services” include intra-city 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, graveyards, arboriculture, landscaping,
billboards, hoardings, firefighting, 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 of these services and enforcement
of any law relating to municipal services;
(ff)
“nuisance” includes any act, omission, place or thing
which causes or is likely to cause injury, danger, annoyance or offence to the
sense of sight, smell or hearing or which is or may be dangerous to life or
injurious to health or property;
(gg)
“occupier” means any person, for the time being, in
actual occupation of the land or building and includes an owner in actual
occupation of the land or building;
(hh)
“owner” includes the person for the time being
receiving the rent of land and buildings or either of them, whether on account
of or as agent or trustee for any person or society or for any religious or
charitable purpose or who would so receive the same if land or building was let
to a tenant;
(ii)
“peasant” means a person who is a landless farm worker
or, one who during the period of five years preceding the year in which the
election is held, has been the owner of not more than five acres of land and
depends directly on it for subsistence living;
(jj)
“prescribed” means prescribed by the rules;
(kk)
“prohibited zone” means any area or areas within a
local government declared as prohibited zone by a public notice by the local
government for purposes of this Act;
(ll)
“Province” means Province of the Punjab;
(mm)
“Provincial Allocable Amount” means the monies declared
as such for distribution among local governments in accordance with the
provisions of this Act;
(nn)
“Provincial Consolidated Fund” means the fund referred
to in Article 118 of the Constitution
of the Islamic Republic of Pakistan;
(oo)
“Provincial Retained Amount” means the balance of the
Provincial Consolidated Fund
after subtraction there from, the Provincial
Allocable Amount;
(pp)
“public road” means a road maintained by the
Government or by a local
government or by any other local authority;
(qq)
“public street” means a street maintained by the
Government or by a local
government or by any other local authority;
(rr)
“public way” means a way maintained by the
Government or by a local
government or by any other local authority;
(ss)
“public place” means any building, premises or place to
which the public have access;
(tt)
“rate” includes cess;
(uu)
“refuse” includes rubbish, offal, night-soil, carcasses
of animals, deposits of sewerage, waste and any other offensive matter;
(vv)
“rent” means whatever is by law payable in money or
kind by a tenant or lessee on
account of the occupation of any building or land;
(ww)
“revenue estate” means a revenue estate declared
under the Punjab Land Revenue Act, 1967 (XVII of
1967); (xx) “road” includes a
road which is not a thoroughfare;
(yy)
“rules” means rules made under this Act;
(zz)
“rural area” means the area of a District Council;
(aaa)
“Schedule” means a Schedule appended to this Act;
(bbb)
“street” includes a street which is not a thoroughfare;
(ccc) “streets line” means a line dividing the land comprised
in, and forming part of, a street
from the adjoining land;
(ddd)
“tax” includes any cess, rate, fee, toll or other
charge levied under this Act;
(eee)
“technocrat” means a person who is the holder of a
degree requiring conclusion of at least sixteen years of education recognized
by the Higher Education Commission and at least five years of experience in the
relevant field;
(fff)
“Tehsil” means a Tehsil notified under the Punjab Land
Revenue Act, 1967 (XVII of 1967);
(ggg)
“Union Council” means an area notified as a Union
Council under this Act;
(hhh)
“urban area” means an area within the jurisdiction of
the
Metropolitan Corporation, a
Municipal Corporation, or a Municipal Committee and includes any other area
which the Government may, by
notification, declare to be an
urban area for purposes of this Act;
(iii)
“vehicle” means a wheeled conveyance capable of being
used on a road or street;
(jjj)
“Vice Chairman” means the Vice Chairman of a local
government;
(kkk)
“village” means an integrated and contiguous human
habitation commonly identified by a name and includes a dhok, chak, gaown, basti
or any other comparable habitation;
(lll)
“voter” means a person, whose name for the time being
appears on the electoral rolls prepared or adapted for the purposes of the
election under this Act;
[2][(lll-a)
“ward” means a ward of a Union Council or, as the case may be, that of a
Municipal Committee;]
(mmm)
“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 Punjab Industrial Relations Act 2010 (XIX of 2010); and
(nnn)
“youth” means a person who is twenty one years old and
is less than twenty five years of age on the last day fixed for filing of
nomination papers.
3.
Succession.–
(1) The following local governments established under this Act shall succeed
the rights, assets and liabilities of the local governments established under
the Punjab Local Government Ordinance, 2001 (XIII of 2001) for the local area:
(a)
the Metropolitan Corporation shall succeed the rights,
assets and liabilities of the City District Government and Town Municipal
Administrations;
(b)
a District Council, Municipal Corporation or Municipal
Committee shall succeed the rights, assets and liabilities of the City District
Government, District Government and Town/Tehsil Municipal
Administrations which fall within
the area of the District Council, Municipal Corporation or Municipal Committee;
(c)
a Municipal Committee shall succeed the rights, assets
and liabilities of the City District Government, District Government,
Town/Tehsil Municipal Administration and Union Administration which fall within
the area of the Municipal Committee;
(d)
a Union Council shall succeed the rights, assets and
liabilities of the Union Administration which falls within the area of the
Union Council; and
(e)
an Authority shall succeed the rights, assets and
liabilities of the City District Government or District Government respectively
to the extent of health and education.
(2) The Government or an officer designated
by the Government shall, within one hundred and eighty days of the commencement
of this Act, divide rights, assets and liabilities of the local governments
amongst the local governments and the Government, and the decision of the
Government or of the designated officer shall be final.
4.
Local
governments to work within the Provincial framework.– (1) The local
governments established under this Act shall function within the Provincial
framework and shall faithfully observe the Federal and Provincial laws.
(2) In the performance of their functions,
the local governments shall not impede or prejudice the exercise of the
executive authority of the Government.
5.
Certain
matters to be prescribed.– Where this Act makes any provision for anything
to be done but has not made any provision or any sufficient provision, as to
the authority by whom, or the manner in which it shall be done, then it shall
be done by such authority and in such manner as may be prescribed.
CHAPTER II
LOCAL AREAS
[3][2[6. Local areas.– (1) The Government shall, by notification in the
official Gazette, divide a District into urban area and rural area.
(2) For
purposes of this Act, the Government shall, by notification, demarcate and
declare a local area consisting of:
(a)
Lahore District as the Metropolitan Corporation;
(b)
rural area in a District, other than Lahore District,
as District Council;
(c)
urban area in a District, other than the area of a
Municipal Committee, as Municipal Corporation; and
(d)
urban area in a District, other than the area of a
Municipal Corporation, as Municipal Committee.
(3) The
Government may, by notification in the official Gazette, after inviting public
objections and suggestions, alter the limits of a local area and declare that
any area shall cease to be a District Council, Municipal Committee or Municipal
Corporation.
(4)
Subject to the Act, any two or more adjoining local
governments within a
District may, after inviting public objections through a
resolution passed by two-third
2
majority of the total membership of each of the local
governments, make a proposal to the Government for a change in their respective
boundaries.[4][***]
[5][(5)
The Government may, with the concurrence of the Election Commission, alter the
limits of a local area under this section after the initiation of proceedings
of delimitation of constituencies by the Election Commission but the Government
shall not alter the limits of a local area after the announcement of election
schedule for election in the local area.]
7. Division and reconstitution of a local government.– (1) The
Government may, by notification in the official Gazette, divide a local
government into two or more local governments or reconstitute two or more local
governments as one local government or alter the limits of a local government
and may specify in the notification the consequences which shall follow the
publication of such notification.
(2)
When, as a result of such division or reconstitution,
any new local government is constituted in accordance with the provisions of
this Act in the manner specified in the notification:
(a)
the existing members of any local government so divided
or reconstituted shall become the members of such local government as the
Government may, by notification, specify as if each such member had been
elected to that local government; and
(b)
such local government shall, to the extent and in the
manner specified in the notification, be the successor of the local government
so divided or reconstituted.
[6][(3) Nothing contained in this section shall
apply to Union Councils and the
Union Councils shall be reconstituted under sections 6 and
9.]
[7][8. Local governments and delimitation.–
(1) The Government shall, by notification in the official Gazette, determine
the number of Union Councils in the Metropolitan Corporation, a Municipal
Corporation and a District Council and wards for a Municipal Committee in
accordance with the First Schedule.
(2)
After the demarcation of the local governments under
section 6 and determination of the number of Union Councils and wards, the
Election Commission shall delimit the Union Councils and wards.
(3)
The Election Commission shall delimit and notify the
Union Councils and wards on the basis of the principles laid down in sections 9
and 10 and, as nearly as possible, under the Delimitation of Constituencies Act,
1974 (XXXIV of 1974) or any other Act of the Majlis-e-shoora ( Parliament ).
5[9. Delimitation of Union Councils.– (1) A Union Council shall be an
area consisting of one or more revenue estates or, in the case of an area where
revision of settlement under the law has not taken place, one or more census
villages or, in the case of an urban area, a census block or blocks as
determined for purposes of the last preceding census or a census block or
blocks and a revenue estate or revenue estates, delimited and notified as such
by the Election Commission.
(2) For
purposes of delimitation of a Union Council:
(a)
the area of a Union Council shall be a territorial
unity;
5
(b)
the boundaries of a Union Council shall not cross the
limits of the Metropolitan Corporation, a Municipal Corporation or a District
Council; and
(c)
the population of Union Councils within a local
government shall, as far as possible, be uniform.
(3)
The Election Commission shall delimit a Union Council
into six wards for the election of members on general seats and into two wards,
consisting of three adjoining wards of the Union Council, for the election of
the two seats reserved for women.
(4)
For purposes of delimitation of a ward of a Union
Council:
(a)
a ward shall consist of a village, one or more
adjoining villages or, in case of an urban area, a census block or adjoining
census blocks;
(b)
the boundaries of a ward shall not cross the limits of
the Union Council; and
(c)
the population of wards within a Union Council shall,
as far as possible, be uniform.]
[8][10. Delimitation of wards in Municipal
Committees.– (1) The Election Commission shall delimit a Municipal
Committee into wards for election of members of the Municipal Committee on
general seats.
(2) For
purposes of delimitation of a Municipal Committee:
(a)
a ward shall consist of a census block or adjoining
census blocks;
(b)
the boundaries of a ward shall not cross the limits of
the Municipal Committee; and
(c)
the population of wards within a Municipal Committee
shall, as far as possible, be uniform.]
2[10A. Finality of delimitation.– A
court, officer or authority shall not review or correct any delimitation of a
Union Council or ward after the notification of the election schedule.]
CHAPTER III
CONSTITUTION OF LOCAL GOVERNMENTS
11.
Constitution
of local governments.– (1)
Subject to subsection (2), the local governments constituted under this Act
shall be:
(a)
Metropolitan Corporation for Lahore District and a
Municipal Corporation for such urban area as the Government may notify;
(b)
a Municipal Committee for such urban area as the
Government may
notify;
(c)
a District Council for the rural area of a District
other than Lahore as the Government may notify;
3[(d)
Union Councils; and]
3
(e) District
Education Authority and District Health Authority for a District, including
Lahore.
(2)
The Government may, by notification in the official
Gazette, declare any area in a District:
(b)
other than the urban areas in a District, to be a
District Council;
(c)
an integrated urban area having a population between
thirty thousand and five hundred thousand to be a Municipal Committee; and
(d)
an integrated urban area having a population of more
than five hundred thousand to be a Municipal Corporation.
(3)
The Government may, by notification in the official
Gazette, specify the name by which a local government shall be known and unless
the name of a local government is so specified, it shall be known as the local
government of the place where its office is situated.
(4)
Notwithstanding anything to the contrary contained in
subsection (2), the
Government-
(a)
shall, by notification in the official Gazette, declare
an integrated urban area at each divisional headquarter having a population
less than five hundred thousand to be a Municipal Corporation and specify the
number of Union Councils and indirectly elected members in the Municipal
Corporation; and
(b)
may, by notification in the official Gazette, declare
an integrated urban area having a population less than:
(i)
thirty thousand to be a Municipal Committee and specify
the number of the directly and indirectly elected members of the Municipal
Committee; and
(ii)
five hundred thousand to be a Municipal Corporation and
specify the number of Union Councils and indirectly elected members in the
Municipal Corporation.
CHAPTER IV
COMPOSITION
OF LOCAL GOVERNMENTS
Authority, shall consist of such
number of directly or indirectly elected members, Mayor, Deputy Mayor or Deputy
Mayors, Chairman, Vice Chairman as is mentioned
in First Schedule.
(2)
3[***]
4[13.
Union Council.– (1) A Union Council shall consist of directly elected
Chairman and Vice Chairman, as joint candidates, six general members, one from
each ward of the Union Council, and the following directly elected members on
the reserved seats:
(a)
two women members;
(b)
one peasant member in a rural Union Council or one
worker member in an urban Union Council; (c) one
youth member; and
(d) one non-Muslim member.
(2) For purposes of the election of the Chairman and Vice
Chairman and the members mentioned in clauses (b), (c) and (d) of subsection
(1), the entire Union Council shall be one ward and for election of the women
members mentioned in clause (a) of that subsection, a Union Council shall be
two wards consisting of three adjoining wards of a Union Council.]
4
14.
District
Council.– (1) There shall be a District Council in a District, other than
Lahore District.
(2)
A District Council shall consist of the Chairmen of all
Union Councils in the area of the District Council, and shall include the
following members indirectly elected on the reserved seats by the Chairmen [11][***]
of the rural Union Councils present and voting:
(a)
such women members, not exceeding fifteen, as the
Government may
notify on the basis of number of
Union Councils in the District Council;
(b)
such peasant members, not exceeding three, as the
Government may
notify on the basis of number of
Union Councils in the District Council;
(c)
one technocrat member;
(d)
one youth member; and
[12][(e) such non-Muslim members, not exceeding five,
as the Government may
notify for each District
Council.]
(3)
The members of a District Council shall, in the first
session of the District Council, elect, as joint candidates, from amongst the
members of the District Council, the Chairman and the Vice Chairman or Vice
Chairmen of the District Council mentioned in the First Schedule, by majority
of the members present and voting.
15.
Urban local
governments.– (1) The Metropolitan Corporation shall consist of the
Chairmen of all Union Councils in the District, and shall include the following
members indirectly elected on the reserved seats by the Chairmen [13][***]
of the Union Councils present and voting:
(a)
twenty five women members;
(b)
five worker members;
(c)
three technocrat members; (d) two youth members; and
(e) ten non-Muslim members.
(2)
A Municipal Corporation shall consist of the Chairmen
of all Union Councils in the area of Municipal Corporation, and shall include
the following members indirectly elected on the reserved seats by the Chairmen 4[***] of the urban
Union Councils present and voting:
(a)
such number of women members, not exceeding fifteen, as
the Government may notify on the basis of the number of Union Councils in the Municipal Corporation;
(b)
two worker members;
(c)
two technocrat members;
(d)
one youth member; and
5[(e) such non-Muslim
members, not exceeding five, as the Government may notify for each Municipal
Corporation.]
(3)
A Municipal Committee shall consist of the directly
elected members from the wards of the Municipal Committee mentioned in First
Schedule and shall include the following members indirectly elected on the
reserved seats by the directly elected members:
(a)
such number of women members, not exceeding five, as
the
Government may notify on the
basis of the number of wards in the Municipal Committee;
(b)
such worker members, not exceeding two, as the
Government may notify on the basis of the number of wards in the Municipal
Committee;
(c)
one youth member; and
5
[14][(d)
such non-Muslim members, not exceeding three, as the Government may notify for
each Municipal Committee.]
(4)
The members of a Municipal Committee shall, in the
first session of the
Municipal Committee, elect, as
joint candidates, from amongst the members of the Municipal Committee, the
Chairman and the Vice Chairman of the Municipal Committee by majority of the
members present and voting.
(5)
The members of the Metropolitan Corporation or a
Municipal Corporation shall, in the first session of the Metropolitan
Corporation or the Municipal Corporation, elect, as joint candidates, from
amongst the members of the Metropolitan Corporation or the Municipal
Corporation, the Mayor and the Deputy Mayor or Deputy Mayors mentioned in the
First Schedule, by majority of the members present and voting.
16.
Saving.–
Nothing contained in this Chapter shall be construed to prevent a woman,
peasant, worker, technocrat or a non-Muslim from being a candidate or elected
to a general seat in any local government.
17.
Authorities.–
(1) Subject to this section, the Government shall, by notification in the
official Gazette, separately establish and determine the composition of
District Education Authority and District Health Authority for each District.
(2)
Subject to this section, an Authority shall consist of
such number of indirectly elected members from the local governments under
First Schedule and nominated technocrat members as may be prescribed on the
basis of proportion of population of the District, provided that the elected
members shall be in majority.
(3)
The members of an Authority shall be elected by the
local governments in the District, other than the Union Councils, from amongst
their respective members in the prescribed manner.
(4)
The technocrat members of an Authority shall have
expertise in the relevant field and shall be appointed by the Government.
(5)
The Government shall appoint the Chairman and the Vice
Chairman of an Authority and they shall serve during the pleasure of the
Government.
(6)
The Chairman and the Chief Executive Officer of the
Authority shall be personally responsible to ensure that the business of the
Authority is conducted proficiently, in accordance with law and to promote the
objectives of the Authority.
(7)
The Government may, in the prescribed manner, take
appropriate action against the Chairman, Vice Chairman, Chief Executive Officer
or any other member of the Authority on grounds of misconduct.
CHAPTER V
LOCAL GOVERNMENT ELECTIONS
2[18. Franchise.– Save as otherwise
provided, election of members of all local governments shall be held through
secret ballot on the basis of adult franchise in such manner as may be
prescribed.]
19.
Election
Commission to conduct elections.– 3[(1) The Election Commission shall conduct the
local government elections and, for the purpose, shall, by notification in the
official Gazette, declare the election schedule for election under this Act.]
(2) The Election Commission may, by order in the Official
Gazette, make provisions for the conduct of local government elections if no
provisions or no sufficient provisions have been made under this Act or the
rules.
3
20.
Executive
authority to assist the Election Commission.– It shall be the duty of all
executive authorities in the Province to assist the Election Commission in the
discharge of its functions.
[15][21. Preparation of electoral rolls.– (1) The Election Commission shall
cause to be prepared or adapted the electoral rolls for the election of a local
government and revise such electoral rolls from time to time, as nearly as
possible, under the Electoral Rolls Act,
1974 (Act XXI of 1974) or any other Act of the Majlis-e-shoora ( Parliament ).
(2) Subject to subsection (1), a person shall
be entitled to be enrolled as a voter if he:
(a)
is a citizen of Pakistan;
(b)
is not less than eighteen years of age; and
(c)
fulfils such other conditions as the Election
Commission may specify.
(3) Every
person whose name is entered in the electoral roll shall be
entitled to cast vote at the direct election of a local
government.]
[16][22. Appointment of District Returning
Officer, Returning Officer etc.– (1) The
Election Commission shall appoint from amongst the officers
of 3[the
Election Commission, the Federal Government, the Government], a body or entity
controlled by the Government, District Returning Officers, Returning Officers
and Assistant Returning Officers for purposes of election under this Act.
(2)
An Assistant Returning Officer shall assist the Returning
Officer in the performance of his functions under this Act and may, subject to
such conditions as may be imposed by the Election Commission, exercise the
powers and perform the functions of the Returning Officer, under the control of
the District Returning Officer.
(3)
The District Returning Officer shall do all such acts
as may be necessary for effectively conducting an election in accordance with
the provisions of this Act and the rules.]
[17][23. Polling stations.– (1) The
Returning Officer shall, before such time as the Election Commission may fix,
submit to the District Returning Officer a list of polling stations he proposes
to provide for a Union Council or a ward for purposes of election.
(2)
Subject to the direction of the Election Commission,
the District Returning Officer may make such alterations in the list of polling
stations submitted under subsection (1) as he deems necessary and shall, within
fifteen days before the polling day, publish in the official Gazette the final
list of polling stations specifying the electoral area, the voters who are
entitled to vote at each polling station.
(3)
The Returning Officer shall, for a Union Council and a
ward, establish a polling station or polling stations according to the final
list published under subsection (2).
(4)
A polling station shall not be located in any premises
belonging to or under the control of any candidate.]
[18][24. Presiding Officers and Polling Officers.–
(1) A Returning Officer shall appoint for each polling station a Presiding
Officer and such number of Assistant Presiding Officers and Polling Officers
from amongst the officers of the Government, local governments and corporations
established or controlled by such governments to assist the Presiding Officer
as the Returning Officer may consider necessary.
(2)
A person who is or has, at any time, been in the
employment of any candidate shall not be appointed as a Presiding Officer,
Assistant Presiding Officer or Polling Officer.
(3)
A list of such Presiding Officers, Assistant Presiding
Officers and Polling Officers shall be submitted to the District Returning
Officer within fifteen days before the polling day for its approval and no
change in the personnel shall be made except with the approval of the Election
Commission.
(4)
A Presiding Officer shall conduct the poll in
accordance with the provisions of this Act and the rules, and shall be
responsible for maintaining order at the polling station and shall report to
the Returning Officer any fact or incident which may, in his opinion, affect
the fairness of the poll.
(5)
The Presiding Officer may, during the course of poll,
entrust such of his functions as may be specified by him to any Assistant
Presiding Officer and it shall be the duty of such Assistant Presiding Officer
to perform the functions so entrusted.
(6)
The Returning Officer shall authorize one of the
Assistant Presiding Officers to act in place of the Presiding Officer if the
Presiding Officer is, at any time, during the poll, by reason of illness or any
other cause, not present at the polling station or is unable to perform his
functions; and any absence of the Presiding Officer and the reasons for the
absence shall, as soon as possible after the close of poll, be reported to the
Returning Officer.
(7)
The Returning Officer may, at any time during the poll,
for reasons to be recorded in writing, suspend any Presiding Officer, Assistant
Presiding Officer or Polling Officer and make such arrangements as he may
consider necessary for the performance of the functions of the officer so
suspended.]
25.
Supply of
electoral rolls.– (1) The Election Commission shall provide the electoral
rolls of the constituency to the Returning Officer.
(2) The Returning Officer shall provide to
the Presiding Officer the electoral rolls containing the names of the voters
entitled to vote at a polling station.
26.
Other powers
and functions of the Election Commission.– In addition to the powers and
functions of the Election Commission under this Act, the Election Commission
shall, in relation to local government elections, exercise such other powers
and perform such other functions as may be prescribed.
27.
Qualifications
and disqualifications for candidates and elected members.– (1) A person
shall qualify to be elected as a member or to hold an elected office of a local
government, if he:
(a)
is a citizen of Pakistan;
(b)
except the youth member, is not less than twenty five
years of age on the last day fixed for filing the nomination papers; [19][
and ]
[20][(c)
is enrolled as a voter in the electoral rolls of the ward or the local
government from which he is contesting the election.]
(2) A person shall
be disqualified from being elected or chosen as, and from being, an elected
member of a local government, if he-
(a)
ceases to be citizen of Pakistan or acquires
citizenship of a foreign State;
(b)
is declared by a competent court to be of unsound mind;
(c)
is an undischarged insolvent;
(d)
is in the service of Pakistan or of a local government;
(e)
is in the service of any statutory body or a body which
is owned or controlled by the Government or a Provincial Government or the
Federal Government or a local government or, in which any of such Government or
local 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 any
such service, a period of not less than two years has elapsed since his
resignation or retirement;
(f)
is under an existing contract for work to be done or
goods to be supplied to a local government or has otherwise any direct
pecuniary interest in its affairs;
(g)
has been dismissed from public service on the grounds
of misconduct unless a period of five years has elapsed since his dismissal;
(h)
has been removed or compulsorily retired from public
service on the grounds of misconduct unless a period of three years has elapsed
since his removal or compulsory retirement;
(i)
has been convicted by a court of competent jurisdiction
for a term not less than two years for an offence involving moral turpitude or
misuse of power or authority under any law unless a period of five years has
elapsed since his release; [21][and]
(j)
has been convicted for an offence involving activities
prejudicial to the ideology, interest, security, unity, solidarity, peace and
integrity of Pakistan unless a period of five years has elapsed since his
release[22][.]
(3) If a person:
(a)
is found by the Election Commission to have contravened
any provisions of subsections (1) or (2), he shall stand disqualified from
being a candidate for election to any office of a local government for a period
of four years; or
(b)
has been elected as a member of a local government and
is found by the Election Commission to have contravened any provision of
subsections (1) or (2), he shall cease forthwith to be an elected member or to
hold the office of such member and shall stand disqualified from being a
candidate for election to a local government for a period of four years.
[24][(4)
A candidate who claims to be a Muslim shall submit to the Returning Officer the
declaration given in Ninth Schedule along with the nomination papers.]
28.
Bar against
dual membership.– (1) A Mayor, a Deputy Mayor, a Chairman or a Vice
Chairman may contest election for any other political office after resigning
from the office of the Mayor, Deputy Mayor, Chairman or Vice Chairman.
(2)
A member of a local government, other than the Chairman
of a Union Council, may contest election for any other political office without
resigning from the membership of the local government but any such member shall
not simultaneously hold more than one office.
(3)
If a member of a local government is elected to any
other political office, on the notification of election of that political
office, his seat as member of the local government shall become vacant.
(4)
If a Chairman of a Union Council is elected as the
Mayor or a Deputy Mayor, or as the Chairman or a Vice Chairman of the District
Council, he shall cease to be the Chairman of the Union Council and the seat of
the Chairman of the Union Council shall stand vacated.
(5)
Nothing in this section shall apply to bar a member of
a local government to contest the election of Mayor, Deputy Mayor, Chairman or
Vice Chairman of a local government or a member of an Authority.
29.
Conduct of
elections.– The election to a local government shall be conducted in the
prescribed manner.
30.
Term of
office.– (1) Subject to the this Act, the term of office of a local
government shall be five years commencing on the date on which it holds its
first meeting.
(2)
The first meeting of a local government shall be held
not later than thirty days from the day on which the names of its members are
notified.
(3)
When an elected local government is, for any reason,
not in office, the Government may appoint an administrator to perform the
functions of the local government until the elected local government assumes
office but such period shall not exceed six months.
(4) Save
as otherwise provided, a local government, other than a Union
Council, shall, in its first
meeting and to the exclusion of any other business, elect the Mayor and Deputy
Mayor or Deputy Mayors, Chairman and Vice
Chairman in the prescribed manner.
31.
Oath of
office.– (1) A member shall, before taking his seat in a local government
other than an Authority, make and subscribe to an oath in such form as may be
prescribed.
(2)
The Mayor, Deputy Mayor, Chairman and Vice Chairman,
other than the Chairman of an Authority shall assume office by making and
subscribing to an oath in such form as may be prescribed.
(3)
A Mayor, Deputy Mayor, Chairman, Vice Chairman and a
member shall, after taking oath of office, declare his assets in the prescribed
manner.
32.
[25][Bye-election].– (1) If the office of a
Mayor, Deputy Mayor, Chairman or Vice Chairman other than the office of
Chairman or Vice Chairman of an Authority, or a member indirectly elected on a
reserved seat, for any reason, falls vacant
during the term of office of a local government, the new Mayor, Deputy Mayor,
Chairman, Vice Chairman or member shall be elected in the prescribed manner
within thirty days from the date when such vacancy is notified and he shall,
subject to this Act, hold office for the remaining term of the local
government.
(2)
If the office of Chairman of a Union Council, for any
reason, falls vacant during the term of office of the Union Council, the Vice
Chairman of the Union Council shall become Chairman of the Union Council.
(3)
If the office of Vice Chairman of a Union Council, for
any reason, falls vacant during the term of office of the Union Council, the
members of the Union Council shall, from amongst themselves, elect the Vice
Chairman of the Union Council. [26][(4)
If a member of a Union Council is
elected as Vice Chairman of the Union
Council under subsection (3) or the office of the directly
elected member of the Union Council, for any reason, falls vacant during the
term of office of the Union Council, the new member shall be elected in the
prescribed manner within one year from the date such vacancy is notified and he
shall, subject to this Act, hold office for the remaining term of the Union
Council.]
(5) If the
office of a directly elected member of a Municipal Committee, for any reason,
falls vacant during the term of office of the Municipal Committee, the new
member shall be elected in the prescribed manner within one year from the date
such vacancy is notified and he shall, subject to this Act, hold office for the
remaining term of the Municipal Committee.
[27][(6)
If the vacancy in the office of a directly elected member of a Union Council or
a Municipal Committee occurs within one year of the expiry of the term of the Union
Council or, as the case may be, the Municipal Committee, the vacancy shall not
be filled.]
(7) If the office of a Chairman or a Vice
Chairman of an Authority for any reasons, falls vacant during the term of
office of the Authority, the Government shall appoint a new Chairman or the
Vice Chairman of the Authority within thirty days from the date of such vacancy
and the new Chairman or Vice Chairman shall, subject to this Act, hold office
for the remaining term of the Authority.
33.
Removal.–
(1) Where proceedings of disqualification under section 27 have been initiated
against a member, the Election Commission or any authority authorised by it may
issue a notice to the member to show cause 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 27.
(2)
Where the Election Commission or an authority
authorised by it is not satisfied with the reply to the notice referred to in
subsection (1) or any reply to the said notice is not filed within the period
fixed by it, it may order for an enquiry in the matter and for that purpose
appoint an enquiry officer.
(3)
On the basis of enquiry held under subsection (2), the
Election Commission or an authority authorised by it may order the removal of
the member.
34.
Resignation.–
(1) A Mayor, Deputy Mayor, Chairman, Vice Chairman or a member may resign his
office by tendering resignation in writing under his hand to the local
government of which he is the Mayor, Deputy Mayor, Chairman, Vice Chairman or a
member.
(2) The
resignation tendered under subsection (1) shall be deemed to have been accepted
and effective forthwith and the local government shall forward copies of the
resignation to the Election Commission and the Government.
35.
Vote of
no-confidence.– (1) Subject to this section, a Mayor, Deputy Mayor,
Chairman or Vice Chairman of a local government, other than that of an
Authority and of a Union Council, shall cease to hold office if a vote of
no-confidence is passed against him in the prescribed manner by two-third
majority of the total number of members of the local government.
(2)
A motion of no-confidence shall not be moved before the
expiry of one year of his assumption of office as the Mayor, Deputy Mayor,
Chairman or Vice Chairman.
(3)
Where a motion of no-confidence against the Mayor,
Deputy Mayor, Chairman or Vice Chairman has been moved and fails for want of
the requisite majority of votes in a meeting, no similar motion shall be moved
against him before the expiry of one year from the date when such motion was
moved.
36.
Bar against
re-election or re-appointment.– When a Mayor, Deputy Mayor, Chairman or
Vice Chairman, of a local government, other than the Chairman or Vice Chairman
of an Authority, is removed from office on the ground of misconduct, he shall
not, during the unexpired period of the term of that local government be
eligible for reelection or re-appointment to any office during the remaining
term of the local government.
37.
Notification
of election, resignation and removal.– (1) Every election or removal of an
elected member shall be notified by the Election Commission.
(2) The Government shall notify:
(a)
vacation of office owing to resignation or death of a
member; and
(b)
[28][***]
appointment or vacation of office, owing to any cause, of the Mayor, Deputy
Mayor, Chairman or Vice Chairman.
38.
Election
petition.– (1) Subject to this Act, an election to an office of a local
government shall not be called in question except by an election petition.
(2) A candidate may, in the prescribed
manner, file an election petition before the Election Tribunal challenging an
election under this Act.
39.
Election
Tribunal.– (1) The Election Commission shall, by notification, appoint an
Election Tribunal for such local area as may be specified in the notification.
(2)
The Election Commission may transfer an election
petition from one Election Tribunal to another Election Tribunal.
(3)
Subject to the rules, the Election Commission may, by
notification, issue instructions for presentation, hearing and trial of an
election petition.
(4)
The Election Tribunal shall decide an election petition
within one hundred and twenty days from the date of filing of the election
petition.
40.
Powers of
Election Tribunal.– The Election Tribunal may exercise powers of a civil
court trying a suit under the Code of Civil Procedure, 1908 (V of 1908) and
shall be deemed to be a Court within the meaning of sections 480 and 482 of the
Code.
41.
Decision of
the Election Tribunal.– (1) The Election Tribunal may, on the
conclusion of trial of an election
petition, make an order (a) dismissing
the petition;
(b)
declaring the election of the returned candidate to be
void;
(c)
declaring the election of the returned candidate to be
void and the petitioner or any other contesting candidate to have been duly
elected; or (d) declaring the election as a whole to be void.
(2) The decision of the Election Tribunal
shall take effect from the date on which it is made and shall be communicated
to the Election Commission.
42.
Ground for
declaring election of returned candidate void.– (1) The Election Tribunal
shall declare the election of the returned candidate to be void if it is
satisfied that -
(a)
the nomination of the returned candidate was invalid;
or
(b)
the returned candidate was not, on the nomination day,
qualified for or was disqualified from, being elected as a member; or
(c)
the election of the returned candidate has been
procured or induced by any corrupt or illegal practice; or
(d)
corrupt or illegal practice has been committed by the
returned candidate or his election agent or by any other person with the
connivance of the candidate or his election agent.
(2)
The election of a returned candidate shall not be
declared void if the Election Tribunal is satisfied that any corrupt or illegal
practice was committed without the consent or connivance of that candidate or
his election agent and that the candidate and the election agent took all
reasonable precaution to prevent its commission.
43.
Ground for
declaring a person other than a returned candidate elected.– The Election
Tribunal shall declare the election of the returned candidate to be void and
the petitioner or any other contesting candidate to have been duly elected, if
it is so claimed by the petitioner or any of the respondents and the Election
Tribunal is satisfied that the petitioner or such contesting candidate was
entitled to be declared elected.
44.
Ground for
declaring elections as a whole void.– The Election Tribunal shall declare
the election as a whole to be void if it is satisfied that the result of the
election has been materially affected by reasons of-
(a)
the failure of any person to comply with the provisions
of this Act or the rules; or
(b)
the prevalence of extensive corrupt or illegal practice
at the election.
45.
Decision in
case of equality of votes.- Where after the conclusion of the trial, it
appears that there is an equality of votes between two or more contesting
candidates and the addition of one vote for one such candidate would entitle
him to be declared elected, the Election Tribunal shall draw a lot in respect
of such candidates and the candidate on whom the lot falls shall be deemed to
have received the highest number of votes entitling him to be declared elected.
46.
Appeal
against the orders of Election Tribunal.– (1) Any person aggrieved by a
final order of an Election Tribunal may, within thirty days of the
communication of such order, prefer an appeal to the Lahore High Court.
(2)
The Lahore High Court shall decide an appeal preferred
under subsection (1) within three months.
47.
Corrupt
practice.– A person guilty of bribery, personating or undue influence shall
be punishable with imprisonment for a term which may extend to three years or
with fine which may extend to one hundred thousand rupees or with both.
48.
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 refrains from voting or refrains from being a candidate at or
withdrawing or retiring from, an election;
(b)
gives, offers or promises any gratification to any
person for purposes 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.
49.
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, dead or
fictitious.
50.
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 excommunication or expulsion
from any caste or community.
51.
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;
(f)
fails to provide statement of election expenses as
required under this Act;
(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
purposes 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 purposes
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; or
(i)
causes or attempts to cause any person present and
waiting to vote at the polling station to depart without voting.
52.
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.
53.
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.
54.
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
twenty 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.
55. 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
twenty thousand rupees or with both, if he -
(a)
interferes or attempts to interfere with a voter when
he records his vote;
(b)
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
(c)
communicates at any time any information obtained in a
polling station about the candidate for whom a voter in that station is about
to vote or has voted.
56.
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 twenty 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.
57.
Conduct of
officials.– A presiding officer, polling officer or any other officer or
official performing 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 twenty 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; or
(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.
58.
Breach of
official duty in connection with election.– A Returning Officer, Assistant
Returning Officer, Presiding Officer, Assistant Presiding Officer, or any other
person employed by any such officer in connection with his official duties
imposed by or under this Act is guilty of an offence punishable with
imprisonment for a term which may extend to two years or with fine which may
extend to fifty thousand rupees or with both, if he, willfully and without
reasonable cause, commits breach of any such official duty, by act or omission.
59.
Assistance
by Government servants.– A person in the service of the Government, a
Provincial Government, the Federal Government or a local government or a body
owned or controlled by such a Government or a local 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 twenty thousand rupees, or with both if he, in
any manner, gives any assistance to further or hinder the election of a
candidate.
60.
Summary
trial.– All offences under this Chapter except the offence under section 47
shall be tried summarily under the provisions of the Code.
61.
Cognizance.–
A Court shall not take cognizance of an offence under section 58 or section 59
except on a complaint in writing of the Election Commission or the Returning
Officer.
62.
Offence to
be cognizable.– An offence punishable under section 47 shall be a
cognizable offence.
63.
Prosecution
of offences under this Chapter.– (1) Subject to section 61, a Court shall
not take cognizance of an offence under this Chapter except on a complaint in
writing made by order or under authority of the Election Commission.
(2) An offence punishable under this
Chapter shall be triable by a Magistrate of first class.
CHAPTER VI
EXECUTIVE POWERS AND CONDUCT OF BUSINESS
64.
Executive
authority and conduct of business.–(1) The executive authority of a local
government shall extend to doing of all acts necessary for the due discharge of
its functions under this Act.
(2)
Save as otherwise provided, the executive authority of
a local government shall vest in and be exercised by its Mayor or Chairman.
(3)
The Government may, on the recommendations of the
Punjab Local Government Commission and by notification in the official Gazette,
delegate any function of a Mayor or a Chairman to a Deputy Mayor or Vice
Chairman subject to such conditions as may be prescribed in the notification.
(4)
All acts of a local government, whether executive or
otherwise, shall be expressed to be taken in the name of the local government
and shall be authenticated in the manner prescribed.
(5)
For each local government, except a Union Council and
an Authority, the Government shall appoint a Chief Officer and such number of
other officers as may be prescribed.
(6)
The Chief Officer of a local government shall be the
Principal Accounting Officer of the local government and, in case of a Union
Council, the Chairman of the Union Council shall be the Principal Accounting
Officer.
(7)
The Chief Officer shall ensure coordination between the
local government and the other local governments in the District and the Government.
(8)
The Chief Officer shall be responsible for ensuring
adherence by the local government to all laws, policies and oversight framework
of the Government in the prescribed manner.
65.
Additional
functions.– (1) The Government may, in the prescribed manner, devolve one
or more of its functions to a local government for improved and efficient
service delivery to the citizens.
(2)
In the performance of the functions mentioned in
subsection (1), a local government shall be bound by the directions of the
Government.
(3)
The Government shall, in the prescribed manner, provide
technical support and fiscal resources required for carrying out the said
functions by a local government.
66.
Delegated
functions.–(1) The Metropolitan Corporation, a Municipal Corporation or a
District Council may, in the prescribed manner, devolve one or more of its
functions to the Union Councils for improved and efficient service delivery to
the citizens.
(2)
In the performance of the function mentioned in
subsection (1), a Union Council shall be bound by the directions of the
Metropolitan Corporation, the Municipal Corporation or the District Council.
(3)
The Metropolitan Corporation, Municipal Corporation or
District Council shall, in the prescribed manner, provide technical support and
fiscal resources required for carrying out the devolved functions by a Union
Council.
67.
Conduct of
business.– (1) The business of a local government shall be conducted in the
prescribed manner.
(2)
Any proceedings or decision of a local government shall
not be invalid merely because of a vacancy or defect in the membership of the
local government.
(3)
A local government may appoint committees consisting of
such number of its members and other persons to perform such functions and in
such manner as may be prescribed.
68.
Meetings.–
(1) A local government shall, within three months of the assumption of office,
frame bye-laws for the conduct of its meetings.
(2)
A meeting of a local government shall be presided over
by the Mayor or Chairman and, in his absence, by the Deputy Mayor or Vice Chairman
and, in the absence of both, by a member chosen for that purpose by the members
present.
(3)
A local government shall hold at least one meeting
during a month.
(4)
A meeting of a local government shall be open to public
except when a local government, by simple majority, decides to consider any
matter in a session attended exclusively by its members and officials.
(5)
The Chief Officer or an officer authorised by him shall
record minutes of the meeting of a local government and submit the same to the
person who presided the meeting for approval.
(6)
The Chief Officer shall, after approval, issue the
minutes of a meeting under his signatures.
(7)
A member who, directly or indirectly, by himself or by
any partner, employer or employee has any share or interest in respect of any
matter or has acted professionally, in relation to any matter on behalf of any
person having therein any share or interest as aforesaid, shall not vote or
take any other part in any proceedings of the local government or any of its
committees.
69.
Contracts.–
(1) All contracts made by or on behalf of a local government shall be:
(a)
in writing and expressed to be made in the name of the
local government;
(b)
executed in such manner as may be prescribed; and
(c)
reported to the local government by the Mayor or the Chairman
at the meeting next following the execution of the contract.
(2) A local government may assign any of
its functions to a public or private organization on such terms and conditions
as may be prescribed or enter into publicprivate partnership for efficient
performance of any of its functions.
70.
Reporting
and evaluation.– (1) A local
government shall -
(a)
maintain such record of its working as may be
prescribed or required by the Government;
(b)
prepare and publish such periodical reports and returns
as may be prescribed or required by the Government; and
(c)
adopt such other measures as may be necessary for the
publication of information about the working of the local government.
(2) The performance evaluation of
officers and officials of the local governments shall be made in the prescribed
manner.
CHAPTER VII
UNION COUNCILS
71.
Union
Councils.– (1) A Union Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property and enter
into any contract and may sue and be sued in its name.
(2)
A rural Union Council shall be called Village Council
and an urban Union Council shall be called City Council.
(3)
The Chairman of a Union Council shall be the executive
head of the Union
Council and the Vice Chairman of the Union Council shall
perform the functions of the Chairman when the Chairman is unable to perform
his functions on account of absence or for any other reason.
(4)
A Chairman of a Union Council shall -
(a)
provide leadership for Union-wide development and
preparation of budget and the annual development plan;
(b)
present the budget in the Union Council;
(c)ensure that
the business of Union Council is carried out strictly in accordance with this
Act and other laws;
(d)
issue executive orders to the Union Secretaries;
(e)
represent the Union Council in the District Council;
and (f) report to the concerned authorities in respect of -
(i)
encroachment on State or local government property and
violation of land use and building laws, rules and bye-laws;
(ii)
dangerous and offensive articles and trades mentioned
in Second Schedule;
(iii)
environmental and health hazards; and (iv) adulteration
of articles of food.
(5)
A Union Council Secretary, under the supervision of the
Chairman, shall coordinate and facilitate in community development, functioning
of the committees and delivery of municipal services.
(6)
The Government may, in the prescribed manner, issue a
schedule of establishment for a Union Council.
72.
Functions of
the Union Council.– (1) A Union
Council shall : (a) approve the budget of the Union Council;
(b)
approve the levy of tax or fee assigned to the Union
Council;
(c)
nominate members of the Panchayat or Musalihat
Anjuman and monitor the performance of the Panchayat or Musalihat Anjuman;
(d)
provide, improve and maintain public ways, public
streets, public open spaces, graveyards, public gardens and playgrounds;
(e)
arrange lighting of public ways, public streets and
public places; (f) mobilize the community:
(i)
for maintenance of public ways, public streets,
culverts, bridges, public buildings and local drains;
(ii)
for plantation of trees, landscaping and beautification
of public places in the Union Council;
(iii)
for prevention and removal of encroachments on public
ways, streets and places;
(g)
provide and maintain rural
water supply schemes and public sources of drinking water, including wells,
water pumps, tanks, ponds and other works for the supply of water and open
drains;
(h)
coordinate with the community organizations for proper
maintenance of rural water supply schemes and sewerage in
the prescribed manner;
(i)
establish cattle pounds;
(j)
manage and maintain grazing areas, common meeting
places and other common property;
(k)
hold fairs and recreational activities;
(l)
provide conservancy services in the Union Council;
(m) arrange
for registration of births, deaths, marriages and divorces and pass on such
information about births, deaths, marriages and divorces in the
Union Council to such persons and
institutions as may be prescribed;
(n)
support a public sector agency to establish public
facilitation centre in the Union Council for such purpose and on such terms and
conditions as may be prescribed;
(o)
support relief measures in the event of any fire,
flood, hailstorm, earthquake, epidemic or other
natural calamity and assisting relevant authorities in relief activities;
(p)
promote local sports;
(q)
provide for libraries and reading rooms;
(r)
take other measures likely to promote the welfare,
health, safety, comfort or convenience of the inhabitants of the Union Council;
(s)
identify deficiencies in delivery of services and
making recommendations for improvement of services to the District Council,
Municipal Corporation or Metropolitan Corporation;
(t)
execute development works in the prescribed manner; and
(u)
maintain such statistics and data as may be prescribed
and disseminate information on matters of public interest.
(2) A rural Union Council having urban
characteristics, with the approval of the District Council may, and if so
directed by the Government shall, perform any of the following functions:
(a)
exercise control over land-use, land-subdivision, land
development and zoning by public and private sectors for any purpose, including
for industry, commerce markets, shopping and other employment centers,
residential, recreation, parks, entertainment, passenger and transport freight
and transit stations;
(b)
enforce all municipal laws, rules and bye-laws
regulating its functioning;
(c)
regulate affixing of sign-boards and advertisements;
(d)
provide, manage, operate, maintain and improve the
municipal infrastructure and services, including -
(i)
water supply and control and development of water sources;
(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;
(vi)
street markings, parking places, transport stations,
stops and public transport stands;
(vii) street
lighting;
(viii) firefighting;
(ix)
parks, playgrounds, open spaces and arboriculture; and
(x)
slaughter houses;
(e)
prevent and remove encroachments;
(f)
regulate dangerous and offensive articles and trades;
(g)
collect approved taxes, fees, rates, rents, tolls,
charges, fines and penalties;
(h)
regulate markets and services and issue licenses,
permits, grant permissions and impose penalties for violation thereof as and
where applicable;
(i)
manage properties, assets and funds vested in the Union
Council;
(j)
develop and manage schemes, including site development;
and
(k)
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.
(3) The District Council may exercise
general supervision and control on the performance of functions by the Union
Council under subsection (2).
CHAPTER VIII
DISTRICT COUNCILS
73.
District
Councils.– A District Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property and enter
into any contract and may sue and be sued in its name.
74.
Functions of
Chairman.– (1) The Chairman of a District Council shall:
(a)
ensure that the business of District Council is carried
out strictly in accordance with this Act and other laws;
(b)
ensure efficient, effective and transparent functioning
of the District Council;
(c)
ensure accomplishment of operational, developmental and
financial objectives set by the District Council or the Government in
accordance with provisions of this Act;
(d)
present tax proposals to the District Council;
(e)
present report on the performance of the local
government to the District Council at least twice in a year;
(f)
issue executive orders to the Chief Officer;
(g)
represent the District Council at civic or ceremonial
functions;
(h)
exercise general supervision and control over officers
of the District Council;
(i)
guide and lead officers in achieving the goals and
targets fixed by the District Council in an effective and efficient manner; and
(j)
perform such other functions as the District Council
may, by a general or special resolution, direct or as may be prescribed.
(2) The Chairman of a District Council
shall, in relation to the above duties or for transaction of business of the
District Council, exercise such powers as are conferred upon him by or under
this Act or any other law.
75.
Conduct of
the business of District Council.– (1) The business of a District Council
shall be conducted in such manner as may be prescribed.
(2) The Government may, in the
prescribed manner, issue a schedule of establishment for a District Council and
such schedule may include planning, finance, regulation and infrastructure
offices.
76.
Functions of
District Council.– The District
Council shall:
(a)
approve bye-laws and taxes;
(b)
approve annual budget of the District Council including
supplementary budgetary proposals and long term and short term development
plans;
(c)
review the performance of all offices working for the
District Council;
(d)
review the performance report presented by the
Chairman; and
(e)
promote social counseling to inculcate civic and
community spirit and motivate and galvanize the general public for compliance
with municipal laws, rules and bye-laws.
77.
Other
functions of District Councils.– A District Council shall be responsible
for performance of the following municipal functions:
(a)
prevention and removal of encroachment on public ways,
streets and properties;
(b)
prevention of nuisance in public ways, streets and
properties;
(c)
regulation of dangerous and offensive articles and
trades mentioned in Second Schedule;
(d)
regulation or prohibition of the excavation of earth,
sand, stones or other material;
(e)
regulation or prohibition of the establishment of brick
kilns, potteries and other kilns;
(f)
to organize cattle fairs and cattle markets and
regulation of sale of cattle and other animals;
(g)
celebration of public festivals;
(h)
assistance in provision of relief in the event of any
fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assisting relevant authorities in relief activities;
(i)
provision of relief for the widows, orphans, poor,
persons in distress and children and persons with disabilities;
(j)
promotion of sports including sports for persons with
disabilities.
(k)
provision, improvement and maintenance of public ways
and streets, public open spaces, graveyards, public gardens, playgrounds and
farm to market roads;
(l)
assisting Union Councils in provision and maintenance
of rural water supply schemes and public sources of drinking water, including
wells, water pumps,
tanks, ponds and other works for
the supply of water;
(m)
construction of culverts, bridges and public buildings;
(n)
control over land-use, spatial planning,
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;
(o)
enforce all municipal laws, rules and bye-laws
regulating its functioning;
(p)
promote animal husbandry and dairy development;
(q)
hold fairs and shows, promotion of public games and
sports, celebration of national occasions; and
(r)
undertake other development activities.
78.
Structure.–
(1) The Chairman of a District Council shall be the executive head of the
District Council and the Vice Chairman shall perform the functions of the
Chairman when the Chairman is unable to perform his functions on account of
absence or for any other reason.
(2) The Chief Officer shall coordinate
and facilitate the performance of functions assigned to the District Council
under supervision of the Chairman.
79.
Chief
Officer.– (1) A Chief Officer shall be responsible for:
(a)
coordination;
(b)
human resource management;
(c)
public relations;
(d)
legal affairs; and
(e)
emergency services.
(2) The Chief Officer, in
carrying out his functions, shall:
(a)
supervise and coordinate all offices of the District
Council responsible for the provision of municipal services;
(b)
prepare a report on the planning and implementation of
development plans of the local government for presentation to the house of the
local government in its annual budget session;
(c)
ensure that the business of the local government is
carried out in accordance with law;
(d) ensure
implementation of environmental and social safeguards; (e) effect procurements,
as prescribed, in accordance with law; and (f) take action against violators of
this Act, rules or bye-laws.
80.
Offices of
District Council.– The Government may, in the prescribed manner, issue a
schedule of establishment for a District Council and such schedule may include
planning, finance, municipal regulation and municipal infrastructure offices.
CHAPTER IX
MUNICIPAL COMMITTEES
81.
Municipal
Committees.– (1) A Municipal Committee shall each be a body corporate
having perpetual succession and a common seal, with power to acquire and hold
property and enter into any contract and may sue and be sued in its name.
(2) A Municipal Committee shall:
(a)
prepare spatial plans for the local government
including plans for land use and zoning;
(b)
approve spatial plans 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)
provide, improve and maintain public open spaces,
graveyards, public gardens and playgrounds;
(f)
enforce all municipal laws, rules and bye-laws
regulating its functioning:
(g)
regulate affixing of sign-boards and advertisements
except where this function is being performed by the Park and Horticulture
Authority;
(h)
provide, manage, operate, maintain and improve the
municipal infrastructure and services, including -
(i)
water supply and control and development of water
sources;
(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;
(vi)
traffic planning, engineering and management including
traffic signaling systems, signs on roads, street markings, parking places,
transport stations, stops, stands and terminals;
(vii)
street lighting;
(viii)
firefighting;
(ix)
parks, playgrounds, open spaces and arboriculture;
(x)
slaughter houses;
(i)
establish cattle pounds;
(j)
prevent and remove encroachments;
(k)
prepare budget, revised budget and annual and long term
municipal development programmes;
(l)
maintain a comprehensive data base and information
system and provide public access to it on nominal charges;
(m)
approve taxes and fees;
(n)
regulate dangerous and offensive articles and trades
mentioned in Second Schedule;
(o)
collect approved taxes, fees, rates, rents, tolls,
charges, fines and penalties;
(p)
organize sports, cultural, recreational events, fairs
and shows;
(q)
organize cattle fairs and cattle markets and regulate
sale of animals;
(r)
regulate markets and services and issue licenses,
permits, grant permissions and impose penalties for violation thereof as and
where applicable;
(s)
manage properties, assets and funds vested in the local
government;
(t)
develop and manage schemes, including site development;
(u)
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;
(v)
prosecute, sue and follow up criminal, civil and
recovery proceedings against violators of municipal laws in the courts of
competent jurisdiction;
(w)
nominate members of Musalihat
Anjuman for a ward and monitor the performance of Musalihat Anjuman in the prescribed manner;
(x)
arrange registration of births, deaths, marriages and
divorces and pass on such information about births, deaths, marriages and
divorces in its territorial jurisdiction to such persons and institutions as
may be prescribed;
(y)
maintain municipal records and archives;
(z)
establish and maintain libraries and reading rooms;
(aa)
conserve historical and cultural assets;
(bb)
assist in the provision of relief in the event of any
fire, flood, hailstorm, earthquake, epidemic or other natural calamity and
assist relevant authorities in relief activities;
(cc)
prepare financial statements and present them for
internal and external audit in the prescribed manner; and
(dd)
undertake the functions assigned to a Union Council
under this Act.
(3) The Municipal Committee may assign
or outsource any of its functions in such manner and on such terms and
conditions as may be prescribed.
82.
Structure.–
(1) The Chairman of a Municipal Committee shall be the executive head of the
Municipal Committee and the Vice Chairman shall perform the functions of the
Chairman if the Chairman is unable to perform his functions on account of
absence or for any other reason.
(2) The Chief Officer shall coordinate
and facilitate the performance of functions assigned to the Municipal Committee
under the supervision of the Chairman.
83.
Chairman.–
(1) The Chairman shall -
(a)
provide vision for development, leadership and
direction for efficient functioning of the Municipal Committee;
(b)
identify the needs of the local area and evaluate and
prioritize them in the light of integrated development plans and the estimates
of revenue and expenditure, in addition to any applicable national and
provincial policies, programs and projects;
(c)
recommend to the local government, the strategies,
programmes and services to address prioritized needs;
(d)
recommend or determine the best way to implement those
strategies, programmes and services through partnerships, delegations,
contracts and other means for the maximum benefit of the community;
(e)
maintain administrative and financial discipline of the
local government;
(f)
present tax proposals to the local government;
(g)
issue executive orders to the municipal offices for
discharge of the functions;
(h)
represent the local government on public and ceremonial
occasions;
(i)
present proposal to the local government for approval
of budget and the revised budget; and
(j)
conduct inspections of municipal offices functioning
under the local government.
(2) The Chairman shall, in the
performance of duties:
(a)
identify and develop criteria in terms of which
progress in the implementation of the strategies, programmes and services can
be evaluated, including key performance indicators;
(b)
evaluate progress against the key performance
indicators;
(c)
review the performance of the local government in order
to improve:
(i)
economy, efficiency and effectiveness;
(ii)
efficiency of revenue collection services; and
(iii)
implementation of the bye-laws;
(d)
oversee formulation and execution of the annual
development plan, delivery of services and functioning of the local government;
(e)
present report on the performance of the local
government to the house of the local government at least twice a year; and
(f)
perform such other duties and exercise such other
powers as may be prescribed or as the local government may delegate.
84.
Chief Officer.–
(1) A Chief Officer shall be responsible for:
(a)
coordination;
(b)
human resource management;
(c)
public relations;
(d)
legal affairs; and
(e)
emergency services.
(2) The Chief Officer, in carrying out his functions, shall:
(a)
supervise and coordinate all municipal offices
responsible for the provision of municipal services;
(b)
prepare a report on the planning and implementation of
development plans of the local government for presentation to the house of the
local government in its annual budget session;
(c)
ensure that the business of the local government is
carried out in accordance with the law;
(d)
ensure implementation of environmental and social
safeguards; (e) effect procurements, as prescribed, in accordance with law; and
(f) take action against violators of this Act, rules or bye-laws.
85.
Municipal
offices.– The Government may, in the prescribed manner, issue a schedule of
establishment for a Municipal Committee and such schedule may include planning,
finance, municipal regulation and municipal infrastructure offices.
CHAPTER X
METROPOLITAN AND MUNICIPAL CORPORATIONS
86.
Metropolitan
and Municipal Corporations.– The
Metropolitan Corporation and a Municipal Corporation shall each be a body
corporate having perpetual succession and a common seal, with power to acquire
and hold property and enter into any contract and may sue and be sued in its
name.
87.
Functions of
Metropolitan and Municipal Corporations.– (1) The
Metropolitan Corporation and a Municipal Corporation shall:
(a)
approve spatial plans, master plans, zoning,
land use plans, including classification and reclassification of land,
environment control, urban design, urban renewal and ecological balances;
(b)
implement rules and bye-laws governing land use,
housing, markets, zoning, environment, roads, traffic, tax, infrastructure and
public utilities;
(c)
approve proposals for public transport and mass
transit systems, construction of express ways, fly-overs, bridges, roads, under
passes, and inter-town streets;
(d)
approve development schemes for beautification
of urban areas;
(e)
develop integrated system of water reservoirs,
water sources, treatment plants, drainage, liquid and solid waste disposal,
sanitation and other municipal services;
(f)
execute and manage development plans;
(g)
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;
(h)
enforce all municipal laws, rules and bye-laws
governing its functioning:
(i)
prevent and remove encroachments;
(j)
regulate affixing of sign-boards and
advertisements except where this function is being performed by the Parks and
Horticulture Authority;
(k)
provide, manage, operate, maintain and improve
the municipal infrastructure and services, including -
(i)
water supply and control and development of water
sources;
(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, treatment and
disposal including landfill site and recycling plants;
(v)
roads and streets;
(vi)
traffic planning, engineering and management including
traffic signaling systems, signs on roads, street markings, parking places,
transport stations, stops, stands and terminals;
(vii)
street lighting;
(viii)
firefighting;
(ix)
parks, playgrounds, open spaces, graveyards and
arboriculture; and (x) slaughter houses;
(l)
environmental control, including control of air, water
and soil pollution in accordance with Federal and Provincial laws and
standards;
(m)
undertake urban design and urban renewal programmes;
(n)
develop and maintain museums, art galleries, libraries,
community and cultural centers;
(o)
conserve historical and cultural assets;
(p)
undertake landscape, monuments and municipal
ornamentation;
(q)
establish and maintain regional markets and commercial
centers;
(r)
prepare budget, revised budget and annual and long term
municipal development programmes;
(s)
maintain a comprehensive data base and information
system and provide public access to it on nominal charges;
(t)
approve taxes and fees;
(u)
regulate dangerous and offensive articles and trades
mentioned in Second Schedule;
(v)
collect approved taxes, fees, rates, rents, tolls,
charges, fines and penalties;
(w)
organize sports, cultural, recreational events, fairs
and shows, cattle fairs and cattle markets, and regulate sale of animals;
(x)
regulate markets and services and issue licenses,
permits, grant permissions and impose penalties for violation thereof as and
where applicable;
(a)
manage properties, assets and funds vested in the local
government;
(b)
develop and manage schemes, including site development;
(c)
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;
(bb)
prosecute, sue and follow up criminal, civil and recovery
proceedings against violators of
municipal laws in the courts of competent
jurisdiction;
(cc)
promote technological parks, cottage, small and medium size enterprises;
(dd)
maintain municipal records and archives;
(ee)
assist in provision of relief in the event of any fire,
flood, hailstorm, earthquake, epidemic or other natural calamity and assist
relevant authorities in relief activities;
(ff)
provide relief for the widows, orphans, poor, persons
in distress and children and persons with disabilities;
(gg)
prepare financial statements and present them for
internal and external audit in the manner as may be prescribed; and
(hh)
perform such other functions as may be prescribed.
(2) The Metropolitan Corporation and a
Municipal Corporation may entrust any of its functions to a person, an
authority, agency or company through a contractual arrangement, on such terms
and conditions as may be prescribed.
88.
Structure.–
(1) A Mayor shall be the executive head of the Metropolitan or Municipal
Corporation.
(2)
The Deputy Mayor, and in case there are more than one
Deputy Mayor, the
Deputy Mayor who is senior in age, shall perform the
functions of the Mayor if the Mayor is unable to perform his functions on
account of absence or for any other reason.
(3)
The Chief Officer shall coordinate and facilitate the
performance of functions assigned to the Metropolitan Corporation and Municipal
Corporation under the supervision of the Mayor.
89.
Mayor.–
(1) The Mayor shall -
(a)
provide vision for long term development, leadership
and direction for efficient functioning of the Metropolitan Corporation or the
Municipal Corporation in consultation and coordination with Cantonment Board,
housing authorities and Federal agencies;
(b)
identify the needs of the urban area and evaluate and
prioritise them in the light of integrated development plans and the estimates
of revenue and expenditure, in addition to any applicable national and
provincial policies, programs and projects;
(c)
recommend to the Metropolitan Corporation or the
Municipal Corporation,
the strategies, programmes and
services to address prioritised needs;
(d)
recommend or determine the best way to implement those
strategies, programmes and services through partnerships, delegations,
contracts and other means for the maximum benefit of the community;
(e)
maintain administrative and financial discipline of the
local government;
(f)
present tax proposals to the local government;
(g)
issue executive orders to the municipal offices for
discharge of the functions of the local government;
(h)
represent the local government on public and ceremonial
occasions;
(i)
present proposal to the local government for approval
of budget; and (j) conduct inspections of municipal offices functioning under
the local government.
(2)
The Mayor shall, in the performance of duties:
(a)
identify and develop criteria in terms of which
progress in the implementation of the strategies, programmes and services can
be
evaluated, including key
performance indicators;
(b)
evaluate progress against the key performance
indicators;
(c)
review the performance of the local government in order
to improve:
(i)
economy, efficiency and effectiveness;
(ii)
efficiency of revenue collection services; and
(iii)
implementation of the bye-laws;
(d)
oversee formulation and execution of the annual
development plans,
delivery of services and
functioning of the local government;
(e)
present report on the performance of the local
government to the house
of the local government at least
twice a year; and
(f)
perform such other duties and exercise such powers as
may be prescribed or as the local government may delegate.
90.
Chief
Officer.– (1) The Chief Officer shall be responsible for:
coordination;
internal audit;
human resource management;
public relations; legal affairs; and emergency services.
(2)
The Chief Officer, in carrying out his functions,
shall:
(a)
supervise and coordinate all offices responsible for
the provision of municipal services;
(b)
prepare a report on the planning and implementation of
development plans of the local government for presentation to the house of the
local government in its annual budget session;
(c)
ensure that the business of the local government is
carried out in accordance with law;
(d)
ensure implementation of
environmental and social safeguards;
(e)
effect procurements, as
prescribed, in accordance with law; and
(f)
take action against violators of this Act, rules or
bye-laws.
91.
Municipal
offices.– The Government may, in the prescribed manner, issue a schedule of
establishment for the Metropolitan Corporation and a Municipal Corporation and
such schedule may include planning, finance, municipal regulation and municipal
infrastructure offices.
CHAPTER XI
DISTRICT EDUCATION AND HEALTH AUTHORITIES
92.
Authority.– (1) An Authority shall be a body
corporate having perpetual succession and a common seal, with power to acquire
and hold property and enter into any contract and may sue and be sued in its
name.
(2)
The Government shall, through open competition, appoint
the Chief Executive Officer of an Authority on such terms and conditions as may
be prescribed and, until so appointed, the Government may appoint an officer
not below the rank of BS-18 to look after the functions of the Chief Executive
Officer.
(3)
The Chief Executive Officer shall be the Principal
Accounting Officer of the Authority and shall perform such functions as are
mentioned in this Act or as may be prescribed or as may be delegated by the
Authority or as the Government may assign.
(4)
An Authority may assign any of its functions to a
public or private organization on such terms and conditions as may be
prescribed or enter into public-private partnership for efficient performance
of any of its functions.
93.
Functions of
District Education Authority.– A District Education Authority shall:
(a) establish,
manage and supervise the primary, elementary, secondary and higher secondary
schools, adult literacy and non-formal basic education, special education
institutions of the Government in the District;
(b)
implement policies and directions of the Government
including achievement of key performance indicators set by the Government for
education;
(c)
ensure free and compulsory education for children of
the age from five to sixteen years as required under Article 25-A of the
Constitution;
(d) ensure
teaching standards, infrastructure standards, student safety and hygiene
standards and minimum education standards for quality education as may be
prescribed;
(e)
undertake students’ assessment and examinations,
ranking of schools on terminal examination results and targets, promotion of
co-curricular activities, sports, scouting, girl guide, red crescent, award of
scholarships and conduct of science fairs in Government and private schools;
(f)
approve the budget of the Authority and allocate funds
to educational institutions;
(g)
plan, execute and monitor all development schemes of
educational institutions working under the Authority, provided that the
Authority may outsource its
development works to other
agencies or school councils;
(h)
constitute school management councils which may monitor
academic activities;
(i) plan
and finance maintenance of school, support enrolment and retention, arrange
donation and finances, plan development and may perform any other role as may
be prescribed; and
(j)
perform any other function assigned by the Government,
a Commission or a body established by law in the prescribed manner.
94.
Functions of
District Health Authority.– A District Health Authority shall:
(a)
establish, manage and supervise primary and secondary
health care facilities and institutions;
(b)
approve the budget of the Authority and allocate funds
to health institutions;
(c)
provide stewardship, ownership and oversight of health
service delivery at primary and secondary levels within the policy framework given
by the Government;
(d)
coordinate planning and allocate finances for provision
of service delivery at District level;
(e)
develop referral and technical support linkages between
primary and secondary levels of health care on the one hand and tertiary level health
facilities and medical education institutions on the other;
(f)
develop linkages between private and public health
sectors for enhancing access and coverage of health care facilities to the
general public and improving quality of these services;
(g)
coordinate health related emergency response during any
natural calamity or emergency.
(h)
ensure human resource management and capacity
development of health service delivery personnel under the policy framework
given by the Government;
(i)
ensure performance based contracts with service
delivery managers as per prescribed indicators;
(j)
monitor, exercise oversight and performance evaluation
of service delivery managers as per agreed performance indicators either
directly or through a third party;
(k)
liaison with the Government for technical and logistic
support in case of any emergency or disaster like situation;
(l)
ensure timely and adequate reporting of progress on
health indicators and issues relating to disease surveillance, epidemic
control, disaster management to the Government;
(m)implement
policies and directions of the Government including achievement of key
performance indicators set by the Government for
health care programmes;
(n) ensure implementation of minimum service delivery
standards, infrastructure standards, patient safety and hygiene standards and
minimum public health standards as prescribed by the Punjab Health Care
Commission; and (o) perform any other function as may be assigned by the
Government.
95.
Performance
of functions by the Authorities.– (1) An Authority shall perform its
functions in the prescribed manner.
(2)
In the performance of their functions, the Authorities
shall also be bound and be guided by the policies and instructions issued, from
time to time, by the Government.
CHAPTER XII
PANCHAYAT AND MUSALIHAT ANJUMAN
96.
Amicable
settlement of disputes.– (1) A Village Council shall constitute a Panchayat and a City Council shall
constitute a Musalihat Anjuman for
amicable settlement of disputes in the prescribed manner.
(2)
A Municipal Committee shall, for a ward or a group of
wards, constitute a Musalihat Anjuman
for amicable settlement of disputes in the prescribed manner.
(3)
A Panchayat
or Musalihat Anjuman shall consist of
a panel of nine members, including at least two women, to be nominated by the
local government, within thirty days of its first meeting, from amongst
residents of the local government but the members of the local government shall
not be appointed as members of the Panchayat
or Musalihat Anjuman.
(4)
The members of Panchayat
or Musalihat Anjuman shall be
nominated for a term of five years or until earlier replaced by the Union
Council or the Municipal Committee.
(5)
Any casual vacancy in the panel of members of the Panchayat or Musalihat Anjuman shall be filled by the Union Council or Municipal
Committee, as soon as may be, but not later than thirty days from the
occurrence of the vacancy.
(6)
Where in the opinion of the Union Council or Municipal
Committee, a member of Panchayat or Musalihat Anjuman is accused of
consistent partiality and malpractices in the performance of his functions, the
Union Council or Municipal Committee may, subject to an opportunity of hearing,
remove such member and nominate another member in his place.
(7)
Any person may refer a civil or criminal dispute to the
Panchayat or
Musalihat Anjuman
where the dispute has arisen within the territorial jurisdiction of the Panchayat or Musalihat Anjuman or where parties to the dispute are residing in
such area or where the parties to the dispute have agreed to submit themselves
to the jurisdiction of the Panchayat
or Musalihat Anjuman.
(8)
The Panchayat
or Musalihat Anjuman shall make
efforts for amicable settlement of the dispute between the parties and it shall
record its findings through agreement between the parties.
(9)
If, in the opinion of the Panchayat or Musalihat
Anjuman, a party to the dispute has willfully obstructed settlement of such
dispute, it may record its findings to that effect for further consideration of
the competent forum.
(10)
The Panchayat
or Musalihat Anjuman shall not assume
jurisdiction in a non-compoundable offence.
(11)
Every settlement of a dispute by Panchayat or Musalihat
Anjuman in a case pending before a court shall be subject to the approval of
such court.
(12)
The parties to the dispute may agree to add any other
person as member of Panchayat or Musalihat Anjuman for their dispute and
such person shall be treated as member of the Panchayat or Musalihat
Anjuman in that case.
97.
Reference by
Courts etc.– (1) A court may
refer a dispute to any Panchayat or Musalihat Anjuman functioning within its
territorial jurisdiction for amicable settlement of the dispute.
(2)
The court making a reference to the Panchayat or Musalihat Anjuman under subsection (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
subsection (1), the dispute is settled between the parties, the court may make
such settlement as rule of the court.
(4)
The Panchayat
or 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.
(5)
An officer incharge of a police station may refer a
compoundable case to a Panchayat or Musalihat Anjuman.
98.
Conflict of
interest.– (1) A member of a Panchayat or Musalihat
Anjuman shall not take part in the proceedings of the Panchayat or Musalihat
Anjuman relating to a dispute if he has any conflict of interest.
(2)
If there is a conflict of interest of a member of the Panchayat or Musalihat
Anjuman in a particular case, the Chairman of the Union
Council or Municipal
Committee may appoint any other
eligible person as member of the Panchayat
or Musalihat Anjuman for that case in
place the member who has conflict of interest in the case.
99.
Procedure of
settlement of disputes.– (1) The
Convener of the Panchayat or Musalihat Anjuman, selected in the
prescribed manner, shall -
(a)
convene meetings of the Panchayat or Musalihat
Anjuman on such date and at such place in the Union Council or Ward as may be
necessary or appropriate; and
(b)
conduct the proceedings in an informal manner for amicable
settlement of disputes.
(2)
A legal practitioner shall not be permitted to take
part in the proceedings of a Panchayat
or Musalihat Anjuman on behalf of any
party.
(3)
The report of the Panchayat
or Musalihat Anjuman shall be
recorded in writing and copies of the report, attested by the Vice Chairman of
the local government, shall be provided to the parties.
(4)
A Panchayat
or Musalihat Anjuman shall hold its
proceedings at a place notified by the Government or at such other place as the
Convener of the Panchayat or Musalihat Anjuman decides for a case.
CHAPTER XIII
LOCAL GOVERNMENT FINANCE
100.
Local Fund
and Public Account.– (1) A local government shall establish a Local Fund
and all the revenues received by the local government from the following
sources shall be credited to the Fund:
(a)
the proceeds of taxes, tolls, fees, rates or charges
levied by the local government;
(b)
grants made to or monies received by the local
government from the Government or other sources;
(c)
rents and profits payable or accruing to the local government
from immovable property vested in or controlled or managed by it;
(d)
proceeds or any other profits from any investment;
(e)
gifts, grants or contributions to the local government
by individual or institutions;
(f)
income accruing from markets or fairs regulated by the
local government;
(g)
fines and penalties imposed under this Act;
(h)
proceeds from other sources of income which are placed
at the disposal of the local government under directions of the Government;
(i)
all monies transferred to the local government by the
Government; and (j) monies transferred by another local government under this
Act.
(2)
The Government shall transfer the grants of a local
government in the shape of share of the local government in the Punjab Finance
Commission Award and share in the proceeds of taxes of the local government
collected by the Government, to the Local Fund of the local government on
monthly basis.
(3)
Every local government shall maintain a Public Account
to place all revenues received by the local government from the following sources-
(a)
receipts accruing from trusts administered or managed
by the local government;
(b)
refundable deposits received by the local government;
and (c) deferred liabilities.
(4)
A local government may establish and maintain a
separate account for any special purpose to which one or more sources of
revenue mentioned in subsection (1) or any part of these sources or any
specified portion of the Local Fund may be assigned.
(5)
The separate account under subsection (1) shall be
maintained, administered and regulated as if it were a Local Fund.
101.
Custody of
Local Fund and Public Account.– The monies credited to the Local Fund or
the Public Account of a local government shall be kept and operated in an
account of the local government in such manner as may be prescribed.
102.
Charged
expenditure.– (1) The following expenditure shall be charged upon the Local
Fund:
(a)
the money required for repayment of loans;
(b)
the money required to satisfy any judgment, decree or
award against the local government;
(c)
the money that the local government may be required by
the
Government to contribute towards the conduct of local
government elections
and other deferred liabilities of
the local government; and
(d)
such other expenditure of local government as may be
prescribed.
(2)
If any expenditure is a charge upon the Local Fund and
is not paid, the Government may, by order, direct the person having the custody
of the respective Local Fund to pay such amount from the Local Fund.
103.
Application
of Local Fund.– (1) Monies
credited to a Local Fund shall be expended in accordance with the annual budget
and revised budget estimates approved by the local government.
(2)
A local government shall not transfer monies to any
other local government except by way of payment of debts, for carrying out
deposit works or for such other purposes as may be prescribed.
(3)
The application of Local Fund shall be subject to the
budgetary constraints and according to the minimum prescribed ratio of
development and non-development expenditures.
(4)
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 month of the budgeted funds for
the remainder of its term in office in that financial year.
104.
Budget.–
(1) The annual budget for a local government shall contain estimates of:
(a)
grants from the Government;
(b)
amounts available in the Local Fund;
(c)
receipts for the next year; and
(d)
expenditure to be incurred for the next year.
(2)
The Government shall, sufficiently before the beginning
of each financial year, notify the provisional share, which may be credited to
the Local Fund of a local government from the Provincial Allocable Amount.
(3)
The functionaries of a local government may
re-appropriate budget in accordance with the powers of re-appropriation
delegated to them by the local government and at the end of the financial year,
a revised budget shall be submitted to the local government for approval.
(4)
A demand for a grant shall not be made except on the
recommendation of the Mayor or the Chairman.
(5)
Conditional grants from the Government or other local
government shall be shown separately in the budget and shall be governed by the
conditions on which such grants were made.
(6)
A local government shall prepare the budget in the
prescribed manner and in accordance with the chart of accounts notified by the
Auditor-General of Pakistan.
105.
Approval of
budget.– (1) Before the commencement of the next financial year, the Mayor
or Chairman shall present the budget for consideration and approval of the
local government.
(2)
The local government may discuss the charged
expenditure but shall not vote on such expenditure.
(3)
The budget of a local government shall, subject to
quorum, be approved by simple majority and the local government shall not take
up any other business during the budget session.
(4)
The Government may review approved budget of a local
government, and if found contrary to the budget rules, may require the local
government to rectify it.
(5)
A budget shall not be approved if the sums required to
meet estimated expenditure including previous liabilities and commitments
exceed the estimated receipts.
(6)
In case a budget is not approved by a local government
before the commencement of the financial year to which it relates, the local
government shall spend money under various objects, on pro-rata basis, in
accordance with the budgetary provisions of the preceding financial year for a
period not exceeding thirty days.
(7)
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
the period of thirty days mentioned in subsection (6).
(8)
In case, a local government fails to pass the budget
within the extended period as specified in subsection (6), the Government shall
prepare, approve and authenticate the budget of the local government for full
year.
(9)
After approval of the budget by a local government, the
Mayor or the Chairman shall authenticate under his signature a schedule
specifying:
(a)
grants made or deemed to have been made by the local
government; and
(b)
sums required to meet the expenditure charged upon the
Local Fund.
(10)
The schedule authenticated under subsection (8) shall
be laid before the local government but shall not be open to discussion or
vote.
(11)
The authenticated schedule shall be communicated to the
local government functionaries, accounts officials and the Government.
(12)
At any time before the expiry of the financial year to
which the budget relates, a revised budget for the year may, if necessary, be
prepared and such revised budget shall be approved in the manner as that of
annual budget.
106.
Honoraria
and allowances.– A local government may, subject to the prescribed
limitations, make budgetary provisions for honoraria and allowances of the
Mayor, Chairman, Deputy Mayor, Vice Chairman or a member of the local
government.
107.
Accounts.–
(1) The accounts of all receipts and expenditure of a local government shall be
kept in such form and in accordance with such principles and methods as may be
prescribed by the Auditor-General of Pakistan.
(2)
In addition to maintenance of accounts by a local
government, Provincial Director, Local Fund Audit of the Government shall
maintain the accounts of the local governments, other than the accounts of the
Union Councils, District Education and Health Authorities.
(3)
The Union Secretary shall maintain the accounts of the
Union Council.
(4)
Accountant General and District Accounts Officer of the
District shall maintain the accounts of the District Education Authority and
District Health Authority.
(5)
The Provincial Director, Local Fund Audit of the
Government shall pre-audit all the payments from the Local Fund of a local
government other than the payments from the Local Fund of the Union Councils
and accounts of the District Education and Health Authorities.
(6)
The Union Secretary shall pre-audit all the payments
from the Local Fund of the Union Council.
(7)
The Accountant General and the District Accounts
Officer shall pre-audit all the payments from the Local Funds of the District
Education Authority and District Health Authority.
(8)
A local government shall not withdraw or disburse money
from the Local Fund unless it is pre-audited in the prescribed manner.
(9)
The Provincial Director, Local Fund Audit and the
Accountant General shall, by fifteenth day of July, prepare an annual statement
of receipts and expenditures of the accounts of local governments, District
Education and Health Authorities for the preceding financial year and shall
transmit the statement to the Government and the concerned local government.
(10)
A copy of the annual statement of accounts shall be
displayed at a conspicuous place in the office of the local government for
public inspection and all objections or suggestions concerning such accounts
received from the public shall be considered by the local government and
appropriate decision shall be taken.
108.
Audit.– (1) The Auditor-General of Pakistan
shall, on the basis of such audit as he may consider appropriate or necessary,
certify the accounts of a local government for each financial year.
(2)
The Auditor-General shall audit the accounts of a local
government in such form and manner as may be deemed appropriate.
(3)
The audit report of the Auditor-General shall be
considered by the Public Accounts Committee of the Provincial Assembly of the
Punjab.
(4)
If in the opinion of the Government, it is necessary in
public interest to have a special audit of a local government, it may direct
that such audit may be conducted either by the Provincial Director Local Fund
Audit or any other audit agency.
(5)
After the receipt of special audit report of a local
government, the Government may, after enquiry by the Punjab Local Government
Commission, take appropriate action on the recommendations of the Commission.
109.
Local
government debt.– (1) A local government shall not incur any debt without
previous approval of the Government.
(2)
A local government may invest surplus funds, if any, in
such securities and financial institutions, as may be approved by the
Government.
CHAPTER XIV
PUNJAB FINANCE COMMISSION AND FISCAL TRANSFERS 110. Punjab Finance
Commission.– The Government shall constitute Punjab Finance Commission.
111. Composition of
Punjab Finance Commission.– (1) The Punjab Finance Commission shall consist
of the following members:
(a)
Minister for Finance who shall be the Chairperson;
(b)
Minister for Local Government who shall be the
Co-Chairperson;
(c)
five members of the Provincial Assembly of the Punjab,
three nominated by the leader of the House and two nominated by the leader of
the opposition in the Provincial Assembly;
(d)
Secretary to the Government, Finance Department;
(e)
Secretary to the Government, Planning and Development
Department;
(f)
Secretary to the Government, Local Government and
Community
Development Department; and
(g)
two professional members from the private sector to be
nominated by the Government on such terms and conditions as may be prescribed
by the Government.
(2)
The Finance Department shall act as the Secretariat of the
Punjab Finance Commission.
(3)
No proceedings or act of the Punjab Finance Commission
shall be invalid merely on the ground of existence of a vacancy or defect in
the composition of the Punjab Finance Commission.
(4)
A professional member may be removed or reappointed in
the prescribed manner.
112.
Functions of
the Punjab Finance Commission.– (1)
The Punjab Finance Commission shall make recommendations to the Government on:
(a) a formula for resource distribution 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 to be called
Punjab Finance Commission Award;
(ii)
distribution of Provincial Allocable Amount amongst the
local governments as share of each local government; and
(iii)
distribution of amounts received by the Government in
lieu of Octroi and Zila Tax amongst the local governments; and
(b) matters relating to local
government finance referred to the Punjab Finance Commission by the Government
or by a local government.
(2)
The grant in lieu of Octroi and Zila Tax shall be in
addition to the Punjab Finance Commission Award.
(3)
The Government may make grant-in-aid to a local
government and such grant shall not form part of the Provincial Allocable
Amount.
(4)
The Punjab Finance Commission may, before making
recommendations, consult a body or person, and shall take into account the
principles of population, backwardness, need and performance of a local
government.
(5)
The Government may approve or, for reasons to be
recorded in writing, alter the recommendations of the Punjab Finance Commission
and promptly release the grants directly to the local government.
(6)
The Punjab Finance Commission shall take all decisions
by majority of the members present and voting.
(7)
The Punjab Finance Commission shall present to the
Government annually a report on the analysis of the fiscal transfers, the
situation of own-source revenue of the local governments and the reach and
quality of their services and the Government shall cause the report to be laid
before Provincial Assembly of the Punjab.
(8)
The Provincial Allocable Amount and shares of the local
governments shall be determined by the award which shall remain in force for a
period of five years.
(9)
In case, the recommendations are not finalized before
the expiry of the period of the award, the award in force shall continue to
serve as the determinant of the Provincial Allocable Amount and the shares of
the local governments till such time that a new award is approved.
113.
Certification
requirements for fiscal transfers.– (1)
The Punjab Finance Commission shall, in consultation with the Government,
determine the requirements for certification of fiscal transfers.
(2)
The certifications under subsection (1) shall include
the following:
(a)
Provincial Allocable Amount and its calculation;
(b)
transfer of funds in accordance with determined shares
of the local governments;
(c)
transfer of funds in accordance with the award and
references made to the Punjab Finance Commission; and
(d)
revenues and expenditures of the Government and local
governments.
(3)
The Punjab Finance Commission may, for purposes of
certification, obtain data from the Government, local government, any relevant
agency connected with the Government or the Federal Government.
(4)
The Government and a local government shall provide
reports to the Punjab Finance Commission on the timeframe and methodology for
the flow of funds determined by the Punjab Finance Commission.
(5)
A local government may seek redressal of grievance
relating to any matter connected with fiscal transfers by the Government by
making a reference to the Punjab Finance Commission along with the grounds of
such grievance and the Punjab Finance Commission may take appropriate decision
for purposes of redressal of the grievance.
114.
Powers of
the Punjab Finance Commission.– (1) Nothing contained in this chapter shall
be construed to impose limits on the powers of the Punjab Finance Commission
under any law as regards calling for any information relating to fiscal
transfer formula and transfer of funds and, for the purpose, shall have the
same powers as are vested in a civil court under the Code of Civil Procedure,
1908 (V of 1908).
(2)
The Provincial Allocable Amount and shares of the local
governments shall be transferred on the basis of actual monthly receipts of the
Government.
(3)
The Punjab Finance Commission shall conduct its
business in the prescribed manner.
CHAPTER XV
LOCAL GOVERNMENT TAXATION
115.
Taxes to be
levied.– (1) Subject to this Act, a local government may, by notification
in the official Gazette, levy any tax, fee, rate, rent, toll, charge or
surcharge specified in Third Schedule.
(2)
The Government shall vet the tax proposal prior to the
approval of the tax by the local government in order to ensure that the
proposal is reasonable and in accordance with law.
(3)
The Government shall vet the tax proposal within thirty
days from the date of receipt of the proposal failing which it shall be deemed
to have been vetted by the Government.
(4)
A local government shall not levy a tax without previous
publication of the tax proposal and inviting and hearing public objections.
(5)
A local government may, subject to provision of
subsection (1), increase, reduce, suspend, abolish or exempt any tax.
116.
Rating areas
and property tax.– (1) On the commencement of this Act, a rating area in
which tax has been imposed under the Punjab Local Government Ordinance, 2001
(XIII of 2001), shall continue to be rating area within the meaning of the
Punjab Urban Immovable Property Tax Act, 1958 (V of 1958).
(2)
Notwithstanding anything contained in the Punjab Urban
Immovable Property
Tax Act 1958 (V of 1958), a Metropolitan Corporation,
Municipal Corporation, Municipal Committee or a rural Union Council with urban
characteristics may determine higher rate of property tax within its area in
accordance with the provisions of section 115.
(3)
Where a Metropolitan Corporation, a Municipal
Corporation, or a Municipal Committee has not determined the rate of property
tax within its area, the property tax shall be levied in accordance with the
provisions of the Punjab Urban Immovable Property Tax Act, 1958 (V of 1958).
(4)
In matters for which no provision or no adequate
provision relating to the property tax has been made under this Act, the
provisions of the Punjab Urban Immovable Property Tax Act, 1958 (V of 1958)
shall apply.
117.
Collection
of taxes.– (1) A tax or fee levied under this Act shall be collected in the
prescribed manner.
(2)
The Government may prescribe the mode of collection of
a tax or a fee levied under this Act and, for the purpose, may combine tax or
fee of two or more local governments with a stipulation for division of
proceeds of the tax or fee.
(3)
If a person fails to pay any tax or fee or any other
money payable to a local government, the local government and, if so requested
by the local government, the Government shall recover the tax, fee or other
money as arrears of land revenue.
(4)
The recovery of tax, fee or other money under
subsection (3) shall not absolve the person from prosecution for any offence
under this Act or any other law.
118.
Minimum rate
of tax etc.– (1) Notwithstanding
anything contained in this Chapter, the Government may, by rules, determine the
minimum rate of a tax or fee to be levied and collected by a local government.
(2)
The Government may, for reasons to be recorded in
writing and by notification in the official Gazette, exempt the levy of any tax
or fee of a local government for a specified period of not more than fifteen
days on any special occasion or in order to alleviate the specific hardship
suffered by people at large or a section of people.
CHAPTER XVI
LOCAL GOVERNMENT RELATIONS
119.
Relations of
Government and local governments.–(1) A local government shall collect such
Provincial tax or taxes within its local area as the Government may direct and
the local government shall, after the collection of such tax or taxes, deposit
the receipts in the relevant Government account.
(2)
The Government may provide guidelines and render advice
to a local government for achieving the objectives of the policy of the
Government and for promoting economic, social and environmental security of the
Province.
120.
Powers of
the Government.– (1) The Government may, on the
recommendations of the Punjab Local
Government Commission, issue directions to a local government and the local
government shall be bound by such directions.
(2)
Where the situation demands immediate action and the
local government fails to comply with the directions given to it under
subsection (1), the Government may direct the officer authorized by it to take
such action as the situation may necessitate.
121.
Entrustment
of functions to local government.– (1) When the Government requires a local
government to perform any specific task beyond the budgetary provisions of the
local government, the Government shall provide necessary resources to the local
government.
(2)
A local government may, with the consent of the
Government, entrust any of its functions to the Government or to any other
local government.
(3)
The Government may, with the consent of a local
government, decentralize any of its offices other than the offices already
decentralized to the local government or entrust any of its functions to the
local government and in that case the Government shall provide technical and
administrative support and fiscal resources for the performance of such
functions.
122.
Punjab Local
Government Commission.– (1) The Government shall appoint a Punjab Local
Government Commission which shall consist of persons of integrity and good
track record of public service.
(2)
The Commission shall consist of the following:
(a)
a Chairman who shall be the Minister for Local
Government;
(b)
three members of the Provincial Assembly of the Punjab,
two nominated by the leader of the House and one nominated by leader of the
Opposition in the Provincial Assembly of the Punjab;
(c)
two technocrat members, including at least one woman,
nominated by the Government; and
(d)
Secretary, Local Government and Community Development
Department.
(3)
The Secretary, Local Government and Community
Development Department shall be the Secretary of the Commission.
(4)
The Punjab Local Government Commission may co-opt any
official of the Government for any specific assignment.
(5)
Subject to subsection (6), the tenure of the members of
the Punjab Local Government Commission, other than the Chairman and the
Secretary, shall be five years.
(6)
The Government may, after serving a notice and
opportunity of hearing, remove a member of the Commission after recording
reasons.
(7)
In the event of a casual vacancy in the membership of
the Commission, the Government shall, for the residual period, appoint another
person of the same category as member of the Commission in accordance with the
provisions of subsection (1).
(8)
The Local Government and Community Development
Department shall provide secretarial support to the Commission by establishing
a separate Secretariat of the Commission with sections for each category of
local governments.
(9)
No act or proceedings of the Commission shall be
invalid by reason or existence of any vacancy or defect in the constitution of
the Commission.
(10)
The Government shall provide a separate budget for the
Commission in the annual budget.
(11)
The Government shall notify the schedule of
establishment of the Commission.
(12)
The Secretary of the Commission shall be the Principal
Accounting Officer and the Commission shall have its own drawing and disbursing
officer.
(13)
The Government, its departments and agencies shall aid
and assist the
Commission in the performance
of its functions
123.
Functions of
the Commission.– (1) The Punjab Local Government
Commission shall:
(a)
conduct annual and special inspections of the local
governments and submit its reports to the Government;
(b)
if so directed by the Government, conduct,:
(i)
an inquiry by itself or through any other agency about
any matter concerning a local government;
(ii)
audit by itself or direct any other agency to conduct a
special audit of any local government;
(c)
resolve the disputes between any Department of the
Government and a local government or between two or more local governments and
if the Commission fails to settle the dispute, the aggrieved party may move the
Government for resolution of the dispute;
(d)
enquire into the matters referred to it by the
Government or a Chief Officer and give its decision on such matter;
(e)
conduct social and performance audit of a category of
the local governments on the basis of specific performance indicators through a
third party and publish the report of such audit;
(f)
submit to the Government an annual report on the
over-all performance of the local governments;
(g)
take cognizance of violations of laws and rules by a
local government in the performance of its functions; and
(h)
organize consultative planning meetings of National and
Provincial legislators, the Mayors and the Chairmen on a periodic basis to
provide their participation in development activities with regard to-
(i)
consultative process of the annual development plan;
(ii)
formulating procedures for utilization of the
Legislators’ development grant;
(iii)
assessing implementation of decision of these meetings;
(iv)
carrying out review of development schemes; and
(v)
facilitation in 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.
(2)
The decision of the Commission shall be binding on the
local government failing which the Commission may report the matter with
specific recommendations to the Government for an appropriate action.
(3)
The Government may, on the recommendation of the
Commission, suspend a Mayor or a Chairman for a maximum period of ninety days
for fair conduct of inquiry under subsection (1) or for preventing the Mayor or
Chairman from continuing with any unlawful activity during the pendency of the
inquiry.
(4)
Where, on an inquiry under subsection (1), the Mayor,
Deputy Mayor, Chairman or Vice Chairman of a local government is found guilty
of misconduct by the Commission, the Commission shall recommend to the
Government any appropriate action including removal of the Mayor, Deputy Mayor,
Chairman or Vice Chairman and the Government may pass appropriate orders
including the removal of the Mayor, Deputy Mayor, Chairman or Vice Chairman.
(5)
The Commission may exercise the powers of a civil court
under the Code of Civil Procedures, 1908 (V of 1908), in respect of the
following matters:
(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.
124.
Responsibility
of the Commission.– The Punjab Local Government Commission shall be
responsible to the Government.
125.
Punjab Local
Government Board.– (1) There shall be constituted a Board to be called the
Punjab Local Government Board consisting of a Chairman and not less than three
and not more than five members to be appointed by the Government on such terms
and conditions as the Government may determine.
(2)
The Board shall be a body corporate having perpetual
succession and a common seal with power to acquire, hold and transfer property
and shall, by its name, sue or be sued.
(3)
The Secretary to Government, Local Government and
Community Development Department shall be ex-officio Chairman of the Board.
(4)
The Government shall appoint a Secretary of the Board
to deal with day to day administration of the Board and to perform such other
functions as may be assigned to him by the Board.
(5)
A local government shall contribute towards the
expenditure of the
Board an amount calculated at such rate as may, from time to
time, be fixed by the Government and the accounts of the Board shall be
maintained and audited in the prescribed manner.
(6)
The Board shall:
(a)
make appointments, order transfers, take disciplinary
action and deal with other service matters in respect of the members of the
prescribed local government service cadre;
(b)
set up and operate pension fund and such other funds as
may be considered necessary for the benefit and welfare of the employees of the
Board and the prescribed local
government service cadre; and (c) perform such other functions as may be
prescribed.
(7) The business of Board shall be
conducted in such manner as may be prescribed.
126.
Dissolution
of local governments.– (1) Notwithstanding anything to the contrary
contained in section 30, where, before the expiry of the term of the local
governments, the general elections for National or Provincial Assembly are
announced, the Government may, by notification in the official Gazette,
dissolve the local governments.
(2)
On the dissolution of the local governments under
subsection (1), all powers and functions of the local governments shall be
exercised and performed by such persons or authorities as the Government may
appoint in this behalf as Administrators and the funds and properties belonging
to the local governments shall vest in Government till such time the elected
local governments assume office.
CHAPTER XVII
LOCAL GOVERNMENT PROPERTY
127.
Ownership of
immovable property.– (1) Subject to any reservations made or any conditions
imposed by the Government, the property specified below shall vest in the
respective local government if it is:
(a)
vested in the local government through succession as
provided in section 3;
(b)
transferred to the local government by the Government
or any other authority, organisation or an individual;
(c)
constructed or acquired by the local government with
its title; and
(d)
a road, street or any other immovable property
developed by the local government for public purposes with express or implied
consent of the owner.
(2)
Until otherwise directed by the Government, the
properties of the Government in possession of the local governments established
under Punjab Local Government Ordinance, 2001 (XIII of 2001) shall pass on to
their successors as provided in section 3.
(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.
(4)
The Government shall not, except with the prior consent
of the local government, transfer an immovable property vested in the local
government.
128.
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 local
government, transfer the management of nazul land, auqaf land or any other
Government or public property to it for administration as a trustee.
129.
Stock taking
by the local government.– (1) Every local government shall once in every
year in July, take the physical stock of its movable and immovable properties
and publish the report in the prescribed manner.
(2) The report referred to in
subsection (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)
proposal for utilization, development and improvement
during the following year.
130.
Use of
properties of local governments.– (1) The properties of local governments
shall be used only for public purposes.
(2)
Subject to this section, a local government shall not
sell or permanently alienate any of its immovable property.
(3)
A local government may grant lease of its immovable
property through competitive bidding by public auction in the prescribed
manner.
(4)
The Government may constitute a Committee headed by the
Chief Officer of the local government to identify the encroached or redundant
properties of a local government that may be sold in the prescribed manner with
the approval of the Government and the funds generated from the sale of such
properties shall be kept in a separate account and be used only for purposes of
development.
(5)
The movable property of a local government which is
required to be disposed of shall be sold through competitive bidding by public
auction.
131.
Acquisition
of immovable property.– (1) Whenever any local government considers it
necessary or expedient it may acquire any immovable property for a public
purpose.
(2)
A local government may, in the prescribed manner,
purchase an immovable property through an agreement when such property is
required for a public purpose.
CHAPTER XVIII
OFFENCES AND ENFORCEMENT
132.
Offences,
punishments and their cognizance.–(1) The offences specified in Fourth and
Fifth 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 Act.
(2)
If a person commits an offence specified in -
(a)
Part-I of Fourth Schedule, such person shall be
punishable with imprisonment for a term which may extend to seven years, or with
fine which may extend to five hundred 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 fifty 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 Fourth Schedule, such person shall be
punishable with imprisonment for a term which may extend to three years, or
with fine which may extend to one hundred 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 ten
thousand rupees for every day for the period the accused has persisted in the
offence from the date of its commission
(c)
Part-III of Fourth
Schedule, such person shall be punishable with imprisonment which may extend to
six months or fine which may extend to twenty 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 five
hundred rupees for every day for the period the accused persisted in the
offence from the date of its commission; and
(d)
Fifth Schedule, such person shall, in the first
instance, be liable to fine by issuing a ticket specified in Sixth Schedule and
where an accused repeats the offence within a period of three months for which
the accused was subjected to fine, he shall be liable to the same punishment as
provided in clause (c).
(3)
The offences specified in clauses (a) and (b) of subsection (2) shall be cognizable and information
in this regard shall be forwarded to the officer in-charge of a police station
by the Inspector after prior approval of the Chief Officer for registration of
a case against the accused in accordance with the provisions of section 154 of
the Code.
(4)
A Court shall take cognizance of the offences specified
in clause (c) of subsection (2) on a complaint made in writing by the Inspector
after prior approval of the Chief Officer in accordance with the provisions of
section 200 of the Code.
(5)
The offences specified in Part-III of Fourth Schedule
and Fifth Schedule shall be tried in a summary manner in accordance with the provisions
of section 260 to 265 of the Code but the limit of punishment mentioned in
subsection (2) of section 262 of the Code shall not be applicable.
(6)
The fines imposed by a Court for an offence specified
in Fifth Schedule shall on collection be deposited in the Public Account of the
local government.
(7)
The Government may, by notification in the official
Gazette, entrust to a local government the enforcement of any other law.
133.
Appointment
and control of Inspectors.– (1) The Mayor or the Chairman shall, with the
approval of the local government, authorize the officials of the local
government as Inspectors for the enforcement of the offences specified in the
Schedules.
(2)
The prescribed officer shall be the controlling
authority and administrative head of an Inspector and the Inspector shall
report to the officer for the enforcement of provisions of this Chapter.
134.
Imposition
of fine through ticketing.– (1) Notwithstanding anything contained in this
Chapter, where any person, in the opinion of an Inspector, is contravening any
provision of the law relating to the offences specified in Fifth Schedule, the
Inspector shall charge the accused by issuing a ticket in the prescribed form
for payment of fine specified in Sixth Schedule, if such offence has been
committed for the first time by the accused within three months.
(2)
The ticket referred to in subsection (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 fine may be deposited in the bank account of the
local government within ten days from the date of imposition of fine for credit
in the Public Account of the local government.
(4)
The person to whom a ticket has been issued under this
section may either contest the imposition of fine in the Court within ten days
from the date of the issuance of the ticket or deposit the fine within that
period and provide a copy of payment receipt to the office of the local
government.
135.
Court
proceedings for default in deposit of fine.– (1) The prescribed officer
shall, on daily basis, provide a scroll of all unpaid tickets to the Court.
(2)
The Court receiving the scroll shall issue summons to
the accused forthwith stating the date of hearing for summary trial in
accordance with the provisions of section 260 to 265 of the Code but the limit
of punishment mentioned in subsection (2) of section 262 of the Code shall not
be applicable.
(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 along with 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 subsection (2) of section 388 of the Code further proceedings
against the accused may be dropped and no conviction shall be recorded against
him.
(4)
Upon the failure of the accused to appear before the
Court in response to the summons issued by it, the Court shall forthwith issue
warrants for arrest of the accused and upon issuance of such warrants the
accused will be liable to punishment under clause (c) of subsection (2) of
section 132.
136.
Compounding
of offences.– Subject to this Act, a local government shall constitute a
committee consisting of the Mayor or the Chairman as its Convener, an officer
of the local government and a member of the local government as its members for
compounding the offences in the prescribed manner.
137.
Municipal
Wardens.–(1) A local government, other than a Union Council, may, with the
prior approval of the Government, establish and maintain Municipal Wardens in
the prescribed manner.
(2)
The Government may, notwithstanding anything contained in
the Police Order, 2002, or in any other law, specify the duties which such
force may be required to perform.
138.
General
powers of Inspectors.– (1) In case of any serious threat to the public
health, safety or welfare or danger to life and property, or where violation of
any rule or bye-law is being committed, the Inspector may, in his area of
jurisdiction, in addition to imposition of fine or initiating prosecution under
this Act -
(a)
suspend any work;
(b)
seize the goods;
(c)
seal the premises;
(d)
demolish or remove the work; or
(e)
issue directions for taking corrective measures within
the specified time.
(2)
An Inspector shall not enter any dwelling unit without
permission of the occupier or the Court.
(3)
An Inspector authorized under section 133 may, in
relation to the offences specified in Fourth Schedule -
(a)
issue notices in writing on behalf of the local
government;
(b)
initiate legal proceedings in the Court; and
(c)
assist in defending legal proceedings initiated against
the local government.
139.
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 proceedings against any local government, its officers or other
functionaries violating his rights provided by any law.
CHAPTER XIX
MISCELLANEOUS
140.
Right to
information.– (1) Subject to any reasonable restrictions imposed through
rules, a person may seek any information in possession of a local government.
(2)
Every designated functionary of a local government
shall, within fifteen days of an application, provide requisite information to
the applicant on payment of such fee as may be prescribed.
(3)
A local government shall, on quarterly basis, publish
on its website or at prominent place information about the staffing and the
performance of the offices of the local government during the preceding three
months.
(4)
A local government shall maintain records in the
prescribed manner with the special emphasis on electronic record keeping.
141.
Municipal
entities.– (1) A local government other than a Union Council, with the
approval of the Government, may establish an authority, agency or company
answerable to the local government for the performance of municipal functions.
(2)
A local government, other than a Union Council may,
with the approval of the Government and in coordination with any other local
government, establish an authority, agency or a company for an area covering
more than one local government.
(3)
An entity established under this section shall be
subject to such control as may be prescribed.
142.
Local
government servants.–(1) Notwithstanding anything contained in any other
law, the Government shall, in the prescribed manner, create a service cadre for
a local government or a group of local governments.
(2)
The members of the following services shall continue to
work in the local governments:
(a)
members of local council service appointed under the
Punjab Local Council ( Appointment and Conditions of Service) Rules, 1983;
(b)
servants of the local governments appointed under the
Punjab Local Council
Servants (Service) Rules, 1997;
and
(c)
employees appointed under the Punjab Local Government
District Service ( Tehsil/Town Municipal Administrations Cadre) Rules, 2005;
and
(d)
employees of the Health and Education Departments
devolved under the Punjab Local Government Ordinance, 2001 (XIII of 2001).
(3)
A local government other than a Union Council may, in
the prescribed manner, absorb an employee mentioned in subsection (2) with the
consent of the employee against an equivalent pay scale.
143.
Appeals.– A person aggrieved by any order passed
by a local government or its functionaries may prefer an appeal to such
authority, in such manner and within such time as may be prescribed and an
order passed in appeal shall be final.
144.
Power to
make rules.–(1) The Government may, subject to previous
publication and by notification in the official Gazette,
make rules for carrying out the purposes of this Act.
(2)
In particular and without prejudice to the generality
of the foregoing powers, such rules may provide for all or any of the matters
specified in Part-I of Seventh Schedule.
(3)
The rules made under subsection (1) shall meet the
following considerations:
(a)
consistency with democratic decentralisation;
(b)
enhancement of welfare of the people; (c) fairness and clarity; and
(d) natural justice and due process of law.
[29][(4)
Notwithstanding anything contained in subsection (1), the Government may, in an
emergency and for reasons to be recorded, dispense with the requirement of
previous publication required under subsection (1).]
145.
Bye-laws.–
(1) A local government may, and if required by the Government shall, make
bye-laws not inconsistent with this Act and the rules to give effect to the
provisions of this Act.
(2)
The bye-laws made by a local government shall come into
force from the date the bye-laws are published in the official Gazette or on
the website specified by the Government.
(3)
In particular and without prejudice to the generality
of the foregoing power, the bye-laws may provide for all or any of the matters
specified in Part-II of Seventh Schedule.
146.
Delegation
of powers.– (1) The Government may, subject to such conditions as may be
specified, delegate any of its functions under this Act to an officer
subordinate to it except the power to make rules, to suspend or remove a Mayor
or Chairman or to dissolve the local governments.
(2)
Subject to the rules, a local government may delegate
any of its powers, including financial powers under this Act or rules or
bye-laws to the Mayor, Chairman, Deputy Mayor or Vice Chairman or any of its
members or officers as it may deem fit, except the powers to make bye-laws and
to pass annual or revised budget.
[30][146-A. Companies for cattle markets.–(1)
Notwithstanding anything contained in this
Act, the Government may
establish a Company under the Companies Ordinance, 1984 (XLVII of 1984) for
establishing and maintaining a cattle market for an area consisting of two or
more Districts.
(2)
A local government shall not organize, establish and
maintain a cattle market without the consent of the Company established under
subsection (1).
(3)
All the Chairmen and Mayors of the local governments,
except the Chairmen of Union Councils or Authorities in the area of a Company,
shall be members of the Company.
(4)
A cattle market established under subsection (1) shall
be deemed to be a cattle market organized by a local government under sections
77, 81 or section 87 of this Act.]
147.
Action taken
in good faith.– No suit, prosecution, or other legal proceedings shall lie
against any public servant serving in a local government for anything done in
good faith under this Act.
148.
General
powers of local governments.– Notwithstanding any specific provision of
this Act, a local government shall perform its functions conferred by or under
this Act and exercise such powers and follow such procedures as are enumerated
in Eighth Schedule.
149.
Members and
servants of local governments to be public servants.– Every member and
every servant of a local government, and every other person duly empowered to
act on behalf of a local government, shall be deemed to be a public servant
within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of
1860).
150.
Bar against
employment.–The Mayor, Chairman, Deputy Mayor, Vice Chairman or a member of
a local government shall not be employed under such local government for a
period of one year from the date on which he ceases to be the Mayor, Chairman,
Deputy Mayor, Vice Chairman or member. CHAPTER
XX
TRANSITIONAL PROVISIONS
151.
Interim
authorities.– (1) On coming into
force of this Act, any office, authority or a local government established
under the Punjab Local Government Ordinance, 2001 (XIII of 2001) shall continue
providing services without any interruption until a local government is
established under this Act for the local area.
(2)
All functionaries of a local government established
under the Punjab Local Government Ordinance, 2001 (XIII of 2001) shall continue
to perform their respective duties and responsibilities with the successor
local government under this Act, until transferred to any other local
government.
(3)
The Government shall appropriately re-organize the
authorities, agencies and bodies of the local governments established under the
Punjab Local Government Ordinance, 2001 (XIII of 2001) and decentralize such
authorities, agencies and bodies to the local governments established under
this Act.
152.
Interim
maintenance of institutions.– Where on the enforcement of this Act in any
area, any service undertaken or institution maintained by the Government is
required under any of the provisions of this Act to be compulsorily undertaken
or maintained by a local government, such service or institution shall,
notwithstanding anything contained in this Act, continue to be undertaken or
maintained by the Government until the management thereof is transferred to the
local government.
153.
Financial
transition.– (1) All taxes,
cesses, fees, rates, rents, tolls or charges which were being charged, levied
and collected by any office of a local government under the Punjab Local
Government Ordinance, 2001 (XIII of 2001) shall continue to be charged, levied
and collected under this Act by the successor local government and every person
liable to pay such a tax, cess, fee, rate, rent, toll, charge or any arrear of
the tax, cess, fee, rate, rent, toll or charge shall continue to make the
payment until such tax, cess, fee, rate, rent, toll or charge is revised,
withdrawn or varied under this Act.
(2)
Where any local government established under the Punjab
Local Government
Ordinance, 2001 (XIII of 2001) was receiving any grant or
any compensation in lieu of Octroi or Zila tax, the successor local government
under this Act shall continue to receive such grant or compensation.
(3)
Where a local government assumes the office under this
Act for the first time:
(a)
the Government shall transfer grants to the local
government on the basis of an interim Punjab Finance Commission Award announced
by an interim committee constituted by the Government; and
(b)
its budget for the financial year during which it
assumes the office shall relate to the remaining period of that year and provisions
regarding budget under this Act shall, as far as possible, apply to such a
budget.
(4)
On allocation, re-allocation or transfer of the
employees of the Government, local council service, Tehsil/Town Municipal
Administration cadre, City District Government, District Government,
Tehsil/Town Municipal Administration and Union
Administration or any other body of any local government
established under the Punjab Local Government Ordinance, 2001 (XIII of 2001),
the salaries, emoluments and pensions of such employees shall not be reduced on
such allocation, re-allocation or transfer.
(5)
The Government shall ensure payment of salaries and
other emoluments of the employees referred to in subsection (4) till such time
as the Government may deem appropriate.
154.
Repeal and
saving.– (1) The Punjab Local Government Ordinance, 2001 (XIII of 2001) is
hereby repealed.
(2)
Save as otherwise specifically provided in this Act,
nothing in this Act shall affect or be deemed to affect anything done, action
taken, investigation or proceedings commenced, order, rule, regulation, bye-
laws appointment, conveyance, mortgage, deed, document or agreement made, tax
or fee levied, resolution passed, direction given, proceedings taken or
instrument executed or issued, under or in pursuance of the Punjab Local
Government Ordinance, 2001 (XIII of 2001) and any such thing, action,
investigation, proceedings, order, rule, regulation, bye-laws, appointment,
conveyance, mortgage, deed, document, agreement, tax, fee, resolution,
direction, proceedings or instrument shall, if in force at the commencement of
this Act, 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 Act.
(3)
The Local Government Board established under the Punjab
Local Government Ordinance, 1979 (VI of 1979) for the administration of
officers and officials of the local council service and Tehsil/Town Municipal
Administration cadre shall continue to function till the Board is
re-constituted under this Act.
155.
Removal of
difficulty.– The Government may, within two years of the commencement of
this Act, by order consistent with this Act, provide for the removal of any
difficulty which may arise in giving effect to the provisions of this Act.
156.
Amendment of
Schedules.– The Government may, by notification in the official Gazette,
amend the fines specified in the Fifth Schedule or exclude any offence from the
Fourth Schedule or Fifth Schedule.
FIRST SCHEDULE
[ see sections 12, 14,
15 & 17]
NUMBER
OF SEATS IN LOCAL GOVERNMENTS
1[PART-I
|
Union Council
|
Mode of Election
|
Membership
|
|
Direct
|
Chairman and Vice Chairman,
as joint candidates.
|
|
|
Direct
|
Six general members.
|
|
|
Direct
|
Two women members.
|
|
|
Direct
|
One peasant or worker
member.
|
|
|
Direct
|
One youth member.
|
|
|
Direct
|
One non-Muslim member.]
|
PART-II
|
District Council (Comprisin g the revenue
District excluding urban
areas and Cantonme
nts)
|
Mode of
Election
|
Membership
|
|
Indirect
|
Chairman and Vice Chairman or Vice Chairmen, as joint
candidates.
A
District Council having population of more than one million shall have two
Vice Chairmen and thereafter there shall be one additional Vice Chairman for
each one million of additional population.
|
|
|
Direct
|
General members
consisting of Chairmen of the Union
Councils within a
District Council.
The
Government shall, by notification, determine the number of the Union Councils
in a District Council on the basis of population of the District Council.
|
|
|
Indirect
|
Such number of women members, not exceeding fifteen
members, as the Government may, by notification, determine on the basis of
the number of Union Councils in a District Council.
|
|
|
Indirect
|
Such number of peasant members, not exceeding three
members, as the Government may, by notification, determine on the basis of the
number of Union Councils in a District Council.
|
|
|
Indirect
|
One technocrat member.
|
|
|
Indirect
|
One youth member.
|
|
|
Indirect
|
2[Such number of
non-Muslim members, not exceeding five, as the Government may, by
notification, determine on the basis of the number of Union Councils in a
District Council.]
|
PART-III
|
Municipal Committee
|
Mode of
Election
|
Membership
|
|
Indirect
|
Chairman and Vice Chairman
as joint candidates.
|
|
|
Direct
|
Such
number of general members as the Government may, by notification, determine
on the basis of the population of a Municipal Committee, but which shall not
be less than eleven members or more than fifty members.
|
|
|
Indirect
|
Such number of women members, not exceeding five members,
as the Government may, by notification, determine on the basis of the number
of wards in a Municipal Committee.
|
1
Substituted
by the Punjab Local Government (Amendment) Act 2013 (XXIII OF 2013)
2
Substituted
by the Punjab Local Government (Amendment) Act 2013 ( XXIII OF 2013)
|
|
Indirect
|
Such number of worker members, not exceeding two members,
as the Government may, by notification, determine on the basis of the number
of wards in a Municipal Committee.
|
|
Indirect
|
One youth member.
|
|
|
Indirect
|
1[Such number of
non-Muslim members, not exceeding three, as the Government may, by
notification, determine on the basis of the number of wards in a Municipal
Committee.]
|
PART-IV
|
Municipal Corporati on
|
Mode of Election
|
Membership
|
|
Indirect
|
Mayor and Deputy Mayor or
Deputy Mayors as joint candidates.
A
Municipal Corporation having population of more than one million shall have
two Deputy Mayors and thereafter there shall be one additional Deputy Mayor
for each one million of additional population.
|
|
|
Direct
|
General members consisting of Chairmen of the Union Councils
in a Municipal Corporation.
The
Government shall, by notification, determine the number of the Union Councils
in a Municipal Corporation on the basis of population of the Municipal
Corporation.
|
|
|
Indirect
|
Such number of women members, not exceeding fifteen
members, as the Government may, by notification, determine on the basis of
the number of Union Councils in a Municipal Corporation.
|
|
|
Indirect
|
Two worker members.
|
|
|
Indirect
|
Two technocrat members.
|
|
|
Indirect
|
One youth member.
|
|
|
Indirect
|
2[Such number of
non-Muslim members, not exceeding five, as the Government may, by
notification, determine on the basis of the number of Union Councils in a
Municipal Corporation.]
|
PART-V
|
Metropolit an Corporati on Lahore
|
Mode of Election
|
Membership
|
|
Indirect
|
Mayor and nine Deputy
Mayors, as joint candidates.
|
|
|
Direct
|
General members consisting of Chairmen of the Union
Councils in the
Metropolitan Corporation.
The Government shall, by notification, determine the number
of the Union Councils in the Metropolitan Corporation but which shall not be
less than one hundred and fifty Union Councils.
|
|
|
Indirect
|
Twenty five women members.
|
|
|
Indirect
|
Five worker members.
|
|
|
Indirect
|
Three technocrat members.
|
|
|
Indirect
|
Two youth members.
|
|
|
Indirect
|
Ten persons from amongst
the non-Muslims.
|
1 Substituted by the Punjab
Local Government (Amendment) Act 2013 (XXIII
OF 2013)
2 Substituted by the Punjab
Local Government (Amendment) Act 2013 (XXIII
OF 2013)
SECOND SCHEDULE
[ see sections 71, 77,
81 & 87]
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, sulpher, mercury, gases, gun cotton, saltpeter, nitro-compounds,
nitro-mixtures, phosphercus or dynamite.
8.
Cleaning, dying, preparing or manufacturing by any
process whatever clothes or yarn in indigo and other colours.
9.
Storing, processing, cleanings, crushing, melting,
preparing or manufacturing by any process whatever or dealing in bones, tallow,
offal, fat blood, soap, raw hides and skins candles, manure, catgut and oil
cloth.
10.
Manufacturing oils.
11.
Washing 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 limestone or metal stone or
storing of lime for sale.
14.
Cleaning or grinding of grain or chilies by any kind or
class or machinery.
15.
Keeping animals likely to create nuisance.
16.
Fell mongering.
17.
Casting of heavy metals such as iron, lead copper and
brass.
18.
Dealing in poison, acid, chemicals, liquid or otherwise.
19.
Whole-sale storing cleaning pounding and selling of
tobacco except the storing of tobacco required for the preparation of biddis,
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 whether raw
or dry.
27.
Trade or operation of a 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 government.
29.
Discharging fire-arms and letting off fire-works.
Fire-balloons or detonators, or any game dangerous to life, dwelling and other
property.
30.
Trading, storing and selling used or new tyres likely
to cause dengue epidemic.
31.
Manufacturing, keeping, storing or selling wire thread
or any other material meant for kite flying or likely to cause to human life or
electric installations or disruption of electric supply.
32.
Any other article or trade declared by Government to be
dangerous for life, health or property or likely to cause nuisance.
THIRD SCHEDULE
[ see section 115]
LOCAL GOVERNMENT TAXATION
Part-I
Taxes and other levies by Union Councils
(1)
Entertainment tax on dramatical and theatrical shows.
(2)
Fees for registration and certification of births and
marriages.
(3)
Fee on the services provided by the union council.
(4)
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 council.
(5)
Community tax for the construction of public work of
general utility for the inhabitants of the union.
(6)
Fee for licensing of professions and vacations as
prescribed.
(7)
Any other tax or levy authorised by the Government.
Additional Taxes and levies by rural Union Councils having urban
characteristics
(1)
Tax on urban immovable property.
(2)
Tax on the transfer of immovable property.
(3)
Water rate.
(4)
Drainage rate.
(5)
Conservancy rate.
(6)
Fee for approval of building plans, erection and
re-erection of buildings.
(7)
Fee for change of land use of a land or building as prescribed.
(8)
Fees on the slaughter of animals.
(9)
Market fees.
(10) Tax
on advertisement and billboards.
(11) Parking
fees.
Note: If any tax or fee provided under this head of `Additional
taxes and levies’ is levied by the Union Council, the District Council shall
not levy or collect such tax or fee from the territorial limits of the Union
Council.
Part-II
Taxes and other levies by District Councils
(1)
Tax on the transfer of immovable property.
(2)
Fees for licenses, sanctions and permits granted by the
District Council.
(3)
Market fees for the markets maintained by the District
Council.
(4)
Local rate on lands assessable to land revenue.
(5)
Rates on the services provided by the District Council.
(6)
Fees at fairs, agricultural shows and industrial
exhibitions.
(7)
Fees for specific services rendered by the District
Council.
(8)
Toll on bridges and ferries maintained by the District
Council.
(9)
Tax for the construction or maintenance of a work of
public utility.
(10) Tax on advertisement and billboards.
(12) Fee
for approval of building plans, erection and re-erection of building other than
residential buildings.
(13) Fee
for change of land use of a land or building as prescribed.
(14) Water
conservancy charge from the owner or occupier of a house or any other building,
except an educational institution having a swimming pool with a minimum surface
area of 250 square feet.
(15) Tax
on installation of Base Transceiver Station/Tower.
(16) Fee
for licensing of professions or vocations as prescribed.
(17) Any
other tax or levy authorized by the Government.
Part-III
Taxes and other levies by Metropolitan
Corporation,
Municipal Corporations and Municipal
Committees
(1)
Tax on urban immovable property.
(2)
Entertainment tax on dramatic and theatrical shows.
(3)
Tax on the transfer of immovable property.
(4)
Water rate.
(5)
Drainage rate.
(6)
Conservancy rate.
(7)
Fee for approval of building plans, erection and
re-erection of buildings.
(8)
Fee for change of land use of a land or building as
prescribed.
(9)
Fee for licenses, sanctions and permits.
(10) Fee
on the slaughter of animals.
(11) Tax
on professions, trade, callings and employment.
(12) Market
fees.
(13) Tax
on advertisement and billboards.
(15) Toll
tax on roads, bridges and ferries maintained by the local governments.
(16) Fee
at fairs and industrial exhibitions.
(17) Fee
for specific services rendered by the local government;
(18) Fee
for registration and certification of births and marriages; (19) Tax for the
construction or maintenance of any work of public utility.
(20) Parking
fee.
(21) Water
conservancy charge from the owner or occupier of a house or any other building,
except an educational institution having a swimming pool with a minimum surface
area of 250 square feet.
(22) Tax
on installation of Base Transceiver Station/Tower.
(23) Fee
for licensing of professions or vocations as prescribed.
(24) Any
other tax or levy authorized by the Government.
FOURTH SCHEDULE
[ see section 132]
OFFENCES REQUIRING TRIAL BY A COURT PART-I
|
S.No
|
Offence
|
|
1.
|
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 the local 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.
|
|
2.
|
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.
|
|
3.
|
Adulteration of any eatable or drinkable or consumable item
sold or supplied to the public.
|
|
4.
|
Manufacturing, trading, storing or supplying any eatable or
drinkable item and other items unsafe for human consumption or public health.
|
|
PART-II
|
|
|
S.No.
|
Offence
|
|
5.
|
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.
|
|
6.
|
Preparing or using
counterfeit or proscribed Forms of the local government.
|
|
7.
|
Wilfully obstructing any officer or servant of a local
government or any person authorized to exercise power conferred under this
Act.
|
|
8.
|
Failure to deliver back possession of property to the local
government on cancellation and expiration of lease.
|
|
9.
|
Doing
an act without license or permission when the doing of such act requires a
license or permission under any of the provisions of this Act or the rules or
bye-laws.
|
|
10.
|
Evasion of payment of tax
or other impost lawfully levied by a local government.
|
|
11.
|
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.
|
|
12.
|
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.
|
|
13.
|
Violation
of the prohibitions provided in the Master Plan, the sanctioned Site
Development Schemes under this Act or any other law for the time being in
force including the plans and schemes sanctioned under the repealed
enactments.
|
|
14.
|
Manufacturing,
storing, trading or carrying fire crackers, fire balloons or detonators or
any dangerous chemical, inflammable, hazardous or offensive article or
material without license from concerned authority.
|
|
15.
|
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.
|
|
16.
|
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.
|
|
17.
|
Changing or converting into
any other use any portion of a commercial building
|
|
|
or area specified or
earmarked for public parking.
|
|
18.
|
Failure to demolish or otherwise secure a building declared
by the local government to be dangerous building.
|
|
19.
|
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
concerned local government.
|
|
20.
|
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.
|
|
21.
|
Erection or re-erection of
a building without the sanction required under this Act or using a building
for a purpose which may endanger the security of people.
|
|
22.
|
Dyeing or tanning skins within such distance of any
commercial or residential areas as may be specified by the local government.
|
|
23.
|
Manufacturing,
keeping, storing or selling wire thread or any other material meant for kite
flying or likely to cause threat to human life or electric installations or
disruption of electric supply.
|
|
24.
|
Contravention of the
prohibition or attempt or abetment of any of the offences in this
Part
|
|
|
PART-III
|
|
S.No.
|
Offence
|
|
25.
|
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.
|
|
26.
|
Establishing any cattle
market without permission of the local government.
|
|
27.
|
Establishing
any bus, wagon, taxi or other commercial motorized or nonmotorized vehicle
stand, for purposes 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.
|
|
28.
|
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.
|
|
29.
|
Establishing a brick kiln and lime kiln within such
distance of a residential area as may be specified by the local government.
|
|
30.
|
Cutting
down of any tree, or erection or demolition of any building or part of a
building where such action is declared under this Act to be a cause of danger
or annoyance to the public.
|
|
31.
|
Contravention of the prohibition or attempt or abetment of
any of the offences in this Part.
|
FIFTH SCHEDULE
[ see sections 132
& 134]
OFFENCES
WHERE TICKET CAN BE ISSUED
|
S.No.
|
Offence
|
Amount of Fine
|
|
1.
|
Neglect in safe storage of eatable, drinkable and other consumable
items sold or supplied to the public.
|
Rs.1,000 and
Rs.6,000 in case of large
restaurants,
hotels and
shops.
|
|
2.
|
a.Fixing of wooden khokhas, and
temporary shops or extension thereof on footpaths or beyond the street line.
b.Plying of handcarts for the sale of goods
without permission.
|
Rs.2,000
Rs.400
|
|
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.1,000
|
|
4.
|
Slaughtering of animals for the sale of meat at a place
other than the place set apart for the purpose.
|
Rs.1,000
|
|
5.
|
Without
the permission of the local government, 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.4,000 in case of commercial concerns and
Rs.1,000 for others.
|
|
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.
|
Rs.1,000
|
|
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.400
|
|
8.
|
Obstructing or tampering
with any road, street, drain or pavement.
|
Rs.2,000
|
|
9.
|
Obstructing
or tampering with any main pipe, meter or any apparatus or appliance for the
supply of water or sewerage system.
|
Rs.2,000
|
|
10.
|
Without the previous sanction of the local government: laying out a
drain or altering any drain in a street or road;
connecting
any house drain with a drain in a public street; and
drawing
off, diverting or taking any water except with the permission required under
this Act.
|
Rs.2,000
|
|
11.
|
Excavation
of earth, stone or any other material within such distance of the residential
area as specified by the local government.
|
Rs.2,000
|
|
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.2,000
|
|
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
this Act, rules or bye-laws or furnishing wrong information.
|
Rs.600
|
|
14.
|
Obstructing lawful seizure of animals liable to be
impounded on the ground of violations of rules or by-laws governing the
|
Rs.1,000
|
|
|
picketing, tethering, keeping, milching or slaughter of
animals or their trespass of private or public property.
|
|
|
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 government.
|
Rs.1,000
|
|
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.1,000
|
|
17.
|
Disposal of carcasses of
animals within prohibited distance.
|
Rs.1,000
|
|
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.1,000
|
|
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.1,000
|
|
20.
|
Failure to provide for disposal of litter or garbage inside
or outside a shop by its owner or occupier.
|
Rs.1,000
|
|
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.2,000
|
|
22.
|
Watering cattle or animals, or bathing or washing at or
near a well or other source of drinking water for the public.
|
Rs.1,000
|
|
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.2,000
|
|
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 or occupier of a house, shop, office,
industry or premises.
|
Rs.4,000 for
commercial/ industrial
concerns and Rs.1,000 for a
residential house
|
|
25.
|
Failure to clean the premises, houses, shops and cultivated
lands of the plastic bags and other non-perishable materials.
|
Rs.1,000
|
|
26.
|
Damaging or polluting physical environment, inside or
outside private or public premises, in a manner to endanger public health.
|
Rs.4,000 for public premises and
Rs.1,000 for private premises
|
|
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.1,000
|
|
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 Act to be injurious to health or offensive to
the neighbourhood.
|
Rs.2,000
|
|
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.2,000
|
|
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.2,000
|
|
31.
|
Feeding or allowing to be
fed an animal meant for dairy or meat
|
Rs.2,000
|
|
|
purposes, on deleterious substance, filth or refuse of any
kind which is dangerous to health of consumers.
|
|
|
32.
|
Defacing or disturbing, without due authorization, any
directionpost, lamp post or lamp extinguishing or any light arranged by a
local government.
|
Rs.2,000
|
|
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.2,000
|
|
34.
|
Exhibiting any obscene
advertisement.
|
Rs.2,000
|
|
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 in and around a hospital or an educational institution.
|
Rs.2,000
|
|
36.
|
Loud shouting in abusive language causing distress to the
inhabitants of a neighbourhood or village or any other public place.
|
Rs.2,000
|
|
37.
|
Using or allowing the use for human habitation of a
building declared by a local government to be unfit for human habitation.
|
Rs.2,000
|
|
38.
|
Failure to lime-wash or
repair a building, if so required by local government.
|
Rs.2,000
|
|
39.
|
Begging importunately for alms by exposing any deformity or
disease or any offensive sore or wound to solicit charity.
|
Rs.1,000
|
|
40.
|
Causing
or permitting to be caused by any owner or keeper of an animal which, through
neglect or otherwise, damages any land or crop or produce of land, or any
public road.
|
Rs.2,000
|
|
41.
|
Selling cattle and animals in contravention of any law,
rule or bylaws of a local government.
|
Rs.2,000
|
|
42.
|
Kite flying in contravention of any general or specific
prohibition issued by local governments.
|
Rs.600
|
|
43.
|
Keeping pigeon or other birds in a manner causing danger to
air traffic.
|
Rs.1,000
|
|
44.
|
Digging of public land
without the permission in writing of local government.
|
Rs.2,000
|
|
45.
|
Contravention of any prohibition or direction of the local
government issued under this Act or the rules.
|
Rs.1,000
|
|
46.
|
Attempt or abetment of any
of the offence in this Schedule.
|
Same as for the offence
specified in the Schedule
|
SIXTH
SCHEDULE
[ see
section 132]
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 Bank)
Corrective actions ordered:________ _______________ ___
Name of the Court having
jurisdiction:
_______________
_______________
__
Signature or
Thumb Impression of the
Offender: _______________
_______________ ____
Signatures of
Inspector/ Seal
_______________
_______________
____
|
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 Bank)
Corrective actions ordered:________ _______________ ____
Name of the Court having
jurisdiction:
_______________
_______________
____
Signature or
Thumb Impression of the
Offender: _______________
_______________ ____
Signatures of
Inspector/ Seal
_______________
_______________
____
|
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 Bank)
Corrective actions ordered:________ _______________ ____
Name of the Court having
jurisdiction:
_______________
_______________
____
Signature or
Thumb Impression of the
Offender: _______________
_______________ ____
Signatures of
Inspector/ Seal
_______________
_______________
____
|
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 Bank)
Corrective actions ordered:________ _______________ ____
Name of the Court having
jurisdiction:
_______________
_______________
____
Signature or
Thumb Impression of the
Offender: _______________
_______________ ______
Signatures of
Inspector/ Seal
_______________
_______________ ______
Copy-4 (To be
|
|
Copy-1 (To be retained by
Inspector)
|
Copy-2 (To be retained by
Offender on payment of fine)
|
Copy-3 (To be returned to
Inspector by offender after
payment within ten days)
|
sent by the Bank to the local
Accounts Officer)
|
SEVENTH SCHEDULE
[see sections 144 &
145] Part - I (Rules)
1.
Local Government (Conduct of Elections).
2.
Local Government (Conduct of Business).
3.
Local Government (Taxation).
4.
Local Government (Property).
5.
Local Government (Auction).
6.
Local Government (Land Use).
7.
Local Government (Servants).
8.
Local Government (Budget).
9.
Local Government (Accounts).
10. Local
Government (Contracts).
11. Local
Government (Works).
12. Local
Government (Conduct of Inspections).
13. Local
Government (Conduct of elected officials).
14. Local
Government (Fiscal Transfers).
15. Local
Government (Delegation of Financial Powers).
16. Local
Government (Births, Deaths, Marriages and Divorces).
17.
Any other set of rules necessary for the implementation
of this Act.
Part–II (Bye-laws)
1.
Conduct of meetings.
2.
Buildings control.
3.
Prevention and removal of encroachments.
4.
Registration and regulation of institutions for
orphans, widows, senior citizens, mentally ill, and women in distress.
5.
Regulation of burial and cremation places.
6.
Slaughter of animals and maintenance of
slaughterhouses.
7.
Prevention of adulteration of foodstuffs.
8.
Animal husbandry and milk supply.
9.
Prevention and abatement of nuisances.
10.Dangerous and offensive trades and articles.
11.Regulation of parking.
12.Organization
and regulation of fairs, shows, tournaments and other public gatherings.
13.Prevention of beggary, juvenile delinquency and other
social evils.
14.Licensing.
15.Markets.
16.Libraries.
17.Parks and open places.
18.Prevention of air, water, noise, and soil pollution.
19.Plantation.
20.Picketing, parking animals or collecting carts or
vehicles on any street.
21.Throwing
or placing any refuse on any street, or in any place not provided or appointed
for the purpose.
22.Dyeing or tanning animal skins.
23.Tampering
with any main, pipe, or any apparatus or appliance for the supply of water.
24.Excavation of earth, stone or any other material.
25.Disposing of carcasses of animals.
26.Use of sewer water for farming.
27.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.
28.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.
29.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.
30.Watering
cattle or animals, or bathing or washing at, or, near a well or other source of
drinking water for the public.
31.Such
other matters as in the opinion of a local government are necessary or
expedient to be provided for in the bye-laws to achieve the objectives of this
Act.
EIGHTH SCHEDULE
[ see section 148]
GENERAL POWERS OF LOCAL GOVERNMENTS
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 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
contained in any other law or any agreement, instrument, custom or usage or
decree, judgment or order of any court or other authority, the local government
may declare any part of its local area as a prohibited zone.
(2) At
any time after a declaration under sub-paragraph (1) has been made, the local
government may, by general or special notice, prohibit the keeping and
maintaining of 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 purposes;
(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;
(v)
cattle brought to a slaughterhouse or kept by butchers
for purposes 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.- A local government may,
by bye-laws, 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 local government for the disposal of the dead
bodies of animals; 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 bye-laws may provide.
5.
Animal
husbandry.- (1) A 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 local government may, by bye-laws, 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.
(3)
A local government may, through bye-laws, provide means
and measures to prevent cruelty to animals.
6.
Animal farms.- A 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 bye-laws 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 government may make bye-laws
to provide for the registration of all dogs kept in such area or areas within
its local area as may be specified.
(2) Such bye-laws shall -
(a)
require the registration, by the 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 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 matters as the 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;
(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.
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 Act.
(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.- A
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.- A local government may
appoint pound-keepers on wholetime 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 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 Act, the
pound-keeper shall levy a fine in accordance with the scale fixed by the 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 poundkeepers 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 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.- A 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.- A 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 local government may, by bye-laws, determine the pests of trees and
plants and provide for their destruction.
(2)
If any land or premises within the local area of the
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 Act.
(3)
A local government may, in the manner provided in the
bye-laws, 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 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 maintain 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 local government or which was in
existence at the commencement of this Act, the 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 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 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.
22.
Digging of
public land.- No person shall without the permission in writing of the
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 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 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 local government
nor otherwise than in accordance with the provisions of this Act and of the
rules and bye-laws made under this Act relating to the erection and re-erection
of buildings:
Provided that a local government
may, with the approval of the local government, exempt any Union or a part
thereof from application of any specific provisions of the building bye-laws or
any matter provided for in paragraphs 25 to 34.
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 local government.
(2) For
purposes of this Act, 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 covered 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 Act.
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 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 Act along with plans and other
information which may be required therein, have been furnished to the
satisfaction of the local government along with the notice.
27.
Power of
Local Government to sanction or refuse.- (1) A local government may, for reasons to be recorded in writing,
either refuse to sanction the erection or reerection 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.
(2)
A local government may refuse to sanction the erection
or re-erection of any building, either on grounds sufficient in the opinion of
the local government affecting the particular building, or in pursuance of a
notified general scheme or plan of the local government, restricting the
erection or re-erection of buildings within specified limits or for any other
public purpose.
(3)
A 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)
A 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 reerection 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 local government decides to refuse to sanction
the erection or reerection of a building, it shall communicate in writing the
reasons for such refusal to the person by whom notice was given.
(6)
Where the 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 local government calls the attention of the 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 local government shall be deemed to have given sanction to
the erection or re-erection 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
local government has received the report referred to in that sub-paragraph.
(7)
A 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 local government may, by bye-laws, 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) A 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 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 local government as herein before 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 local
government, on application made therefor, has allowed an extension of that
period.
30.
Period for
completion of building.- A local
government, when sanctioning the erection or re-erection of a building as
herein before provided, shall specify a reasonable period after the work has
commenced within which the erection or reerection 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 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 local government in
any case.
31.
Illegal
erection and re-erection.- 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 local government.
32.
Power to
stop erection or re-erection or to demolish.- 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 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 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 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 local government.
(2)
A 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 Act, rules or
the bye-laws or of the master plan or site development scheme, if any. A 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 subparagraph (2) and such requirement is not complied with,
within the specified period, a 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 Act.
34.
Regulation
of buildings.- (1) Except with
the prior sanction of the 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 local government to be in a ruinous state or is likely to fall or is in any
way dangerous to any inhabitant of such building or of any neighbouring
buildings 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 Act.
(3)
If a building is so ill constructed, or is dilapidated
or is in dangerous condition or is otherwise unfit for human habitation, the
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 local government may for purposes of
demolition, eject the owner or occupier from such building with such necessary
force as may be required or in the manner laid own in paragraph 47.
(5)
Where it appears to the 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 local government as may be prescribed in the bye-laws
(6)
The committee shall make a report in writing to the
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 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.
(7)
If, upon receipt of such report, the 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 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 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 had not been erected under
proper authority.
For purposes of
this sub-paragraph “buildings” includes enclosure walls and fences appertaining
to buildings.
(8)
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 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.
35.
Projections
and obstructions.- (1) No owner or occupier of any building in a local area
shall, without permission in writing of the 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) A 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 Act the 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 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
purposes of efficiently draining any building or land in its local area, the
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
government 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 local government
of plans or specifications of the type of buildings which may be erected in the
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 local government may
consider necessary, including any specific exemption from the application of
the bye-laws.
Burial
Places/Graveyards and Cremation
40.
Power to
call for information regarding burial and burning grounds.- (1) The 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.
(2)
No place which has not been used as a burial or burning
ground before the commencement of this Act shall be so used without the
permission in writing of the 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 conditions of such licence.
(4)
A burial or burning place which is not administered by
a local government shall be registered with the local government and shall be
subject to regulation, supervision and inspection by it in such manner as the
bye-laws may provide.
(5)
The Government may, by notification in the official
Gazette, declare that any graveyard or 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)
A local government may provide suitable places for the
graveyard or burial or burning of the dead, and shall take necessary measures
for 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 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.- A 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.- A 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.- A 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 and Offensive Articles and Trades
44. Dangerous and offensive articles and trades.- (1) The articles and trades specified
in Second Schedule shall be deemed to be dangerous or offensive for purposes of
this paragraph.
(2) Except
under and in conformity with the conditions of a licence granted by the 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
limit and quantity as may be fixed by the bye-laws.
(3) Notwithstanding the grant of a
licence under sub-paragraph (2), the 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) A 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 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 local government.
(4)
Subject to the provisions of any other law for the time
being in force, the 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)
A 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 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 under this Act.
46. Drainage and sewerage schemes for
commercial and industrial area.- (1)
A 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 bye-laws 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 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 Act, 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 leases 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 Act 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) A 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 bye-laws may provide.
(2)
A 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 bye-laws may provide.
(3)
A local government may, by notice in writing, require
the owner or partowner, or person claiming to be the owner or part-owner, of
any building or land in the area of the 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 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) A 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) An officer or servant of the local
government authorized by it in this behalf may summarily remove a person from a
market if the person conducting business in the market without the general or
special permission of the local government.
(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
orders of the local government by an officer or servant of the local government
authorized by it in this behalf.
51. Levy of stallages, rents and fees.- A
local government may, in respect of a public market and a public slaughter
house:
(a)
charge such stallages, rents and fees as it thinks fit
for the occupation or use of any stall, shop standing, shed or pen in a public
market, or public slaughterhouse, 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;
or
(b)
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 byelaws made under this Act 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 government 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 by the 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 local government with the
previous sanction of the local government may, by public or special notice,
impose in this behalf.
54.
Conditions
of grant of licence for private market or slaughter-house.- (1) A local
government may charge such fees as may be approved 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 Act and any
bye-laws, as it thinks fit to impose.
(2) A local
government may refuse to grant any such licence for reasons to be recorded.
55. Prohibition of keeping market or
slaughter-house open without licence, etc.- (1) No person shall keep open
for public use any market or slaughter-house in respect of which the licence
has either been suspended or cancelled.
(2) When a
licence to open a private market or private slaughter-house is granted or
refused or is suspended or cancelled, the 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, at some conspicuous
place nearby the entrance of the place to which the notice relates.
56. Prohibition of using unlicensed market or
slaughter-houses.- No person, 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 Act, or that the licence granted
therefor is for the time being suspended or that it has been cancelled, sell or
expose for sale any article in such market, or slaughters any animal in such
slaughter-house.
57. Prohibition and restriction of use of
slaughter-houses.- (1) Where, in
the opinion of the 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 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 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 Act 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 Act 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; and
(h)
any other matter which the local government may
consider necessary including any specific exemptions from the application of
the bye-laws
60. Bye-laws for articles of food and drink.- A local government 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 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 local government and in
conformity with the conditions of such licence, no person shall, unless
exempted by the 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) A 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.
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 purposes
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.- (1) 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 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 sate as to
render any article prepared, manufactured or contained therein unwholesome or
unfit for human food or for medicine.
(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.
(3)
Every animal, article, utensil, vessel or other thing
seized under subparagraph (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.
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 purposes of this paragraph, to be an article
which is not what it is represented to be.
Explanation-II.- Meat subjected to the
process of blowing shall be deemed to be unfit for human food.
Explanation-III.-
The article of food or drink shall not be deemed to be other than what it is
represented to be merely by reason of the fact that there has been added to it
some substance not injurious to health:
Provided that -
(a)
such substance has been added to the article because
the same is required for the preparation or production thereof as an article of
commerce in a state fit for carriage or consumption and not fraudulently to
increase the bulk, weight or
measure of the food or drink or
conceal the inferior quality thereof, or
(b)
in the process of production, preparation or conveyance
of such article of food or drink, the extraneous substance has unavoidably
become intermixed therewith, or
(c)
the owner or person in possession of the article has
given sufficient notice by means of a label distinctly and legibly written or
printed thereon or therewith, or by other means of a public description, that
such substance has been added, or
(d)
such owner or person has purchased that article with a
written warranty that it was of a certain nature, substance and quality and had
no reason to believe that it was not of such nature, substance and quality, and
has exposed it or hawked it about or brought it for sale in the same state and
by the same description as that in and by which he purchased it.
Lease and Licences for Land and Buildings
64. Lease and licences for land and buildings.- (1) A local government may grant a
licence or lease in respect of any land, open space, building or property
vested in it or managed, maintained or controlled by it on such terms and
conditions as may be provided in the bye-laws.
(2)
Notwithstanding anything contained in any other law or
a subsisting lease or licence, the 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 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.
(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 purposes of eviction of the 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 Act is a nuisance
or is likely to be dangerous to life, health or property, the 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 local government, render it no
longer a nuisance or dangerous.
66. Carrying on trade, etc., without licence or
in contravention of paragraph.- 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) A 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 bye-laws, 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.- A 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 bye-laws may
provide.
Planning
69. Spatial plan.- A 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 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 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 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 bye-laws, sanction the same:
Provided
further that the 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 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 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 Act.
Development planning
72. Development Plans.- Strategic Plans,
Master Plans and Development Plans in a local government shall be prepared in
the prescribed manner on specified sectoral pro forma with the following as
essential information:
(a)
Name and
Location: The name of the project and location must be clearly indicated by
giving the name of the Area, Union Council and Village along with relevant
details to signify the exact locality. The map of the area should be attached
to magnify project location.
(b)
Cost: Cost
estimates should be indicated with source of financing and allocation in the
current year budget. The narration should touch on the basis (e.g. market
survey, schedule rates, estimation of previous work done) of determining the
capital cost.
(c)
Objectives:
The Local government must have clear road map of targets and objectives to
achieve in the arena of its responsibility for development. Every project must
fit into this frame and should have strong linkage with over all development
objectives of the local government.
(d)
Description and
Justification: This section should describe the project in terms of
existing facilities and justification for the Project. This section should also
include technical parameters, details of civil works, machinery and other
physical facilities required for the project, and must highlight of issues
relevant to the project and the strategy to resolve them.
(e)
Operating and
Maintenance Cost: This section should indicate itemized operational cost
for five years after completion of the project with source of financing and
responsibility.
(f)
Financial Plan:
This section should indicate the quantum of total resources required for the
project and the sources to provide the cost.
(g)
Project Benefits
and Analysis: This section should give a brief narration of the probable
income to be generated from to the project and must quantify social benefits to
the target group.
(h)
Environmental
Impact: this section should give a fair assessment of the negative or
positive impact of the project on the environment.
(i)
Implementation
Schedule: This section should indicate the starting and completion date of
the project with detailed schedule of physical activities. The details should
include administrative arrangements and manpower requirements during execution
and operation of the project.
73. Community Development Projects.- A local government may sponsor or
promote community development projects for its local area or any part thereof
and may, in this behalf, subject to the approval of Government, perform such
functions as may be necessary.
74. Commercial Schemes.- A local government may, with the
previous sanction of Government, promote, administer, execute and implement
schemes for undertaking any commercial or business enterprise.
75. Urban Improvement.- An urban local government may, with prior approval of the Government,
frame projects for improvement in its area and constitute an Urban Improvement
Committee which shall perform such functions and exercise such powers as may be
prescribed.
76. Development Schemes.- Where an Urban Improvement Committee
is constituted, the Government may, in the prescribed manner, provide for:
(a)
the types of schemes to be undertaken;
(b)
initiation of schemes by an Urban Improvement Committee
on the
direction of Government or on
move by the local government;
(c)
matters to be provided for in a scheme such as
acquisition of land, retention, management or disposal of lands vested in the
local government, demolition of unhygienic buildings, and redistribution of
land in a scheme, laying out and alteration of schemes, provision and
management of open spaces, reclamation of land and its reservation for the
production of fruit, vegetables, fuel, fodder and the like for the residents of
a local area, water supply and lighting, drains and sewerage, health measures,
erection and re-erection of buildings, advances to owners, communications and
other mater;
(d)
alteration and abandonment of schemes and acquisition
of land; (e) furnishing of information by a local government or by the
Government or other agency and which is necessary for purposes of framing of a
scheme or of assistance in its execution or maintenance;
(f)
powers of such sanction or of rejection or modification
of a scheme;
(g)
powers to facilitate movement of population and powers
of entry; (h) powers to make a
survey or contribute towards its costs; and (i) such
other matters as may be necessary.
77.
Notice of
schemes.- (1) As soon as may be,
after a scheme has been framed by the Urban Improvement Committee, the Urban
Improvement Committee shall prepare a notice stating the fact that the scheme
has been framed and that the boundaries of the localities comprised therein and
the place or places at which and the time at which the scheme including a
statement of the land proposed to be acquired and the general map of the
locality comprised in the scheme, may be inspected.
(2)
The Urban Improvement Committee shall, notwithstanding
anything contained in the sanctioned scheme, cause the said notice to be
notified and also published in a newspaper weekly on three consecutive weeks
along with a statement of the period within which objections shall be received.
(3)
On the notification and publication of notice under
subsection (2), the scheme shall be deemed to be in force and no person shall
thereafter erect, re-erect, add or alter any building or buildings within the
area of the scheme except with the permission of the Urban Improvement
Committee.
(4)
The objections under subsection (2) shall be disposed
of in the prescribed manner.
78.
Notice of
acquisition of land and notification of schemes.- (1) During thirty days following the first day on which the notice
is notified and published, the Urban Improvement Committee shall serve a notice
on every person whom the Urban Improvement Committee has reason to believe to
be owner or occupier of any immovable property which is proposed to be acquired
in executing the scheme and such notice shall state that the Urban Improvement
Committee proposes to acquire such property for purposes of carrying out a
scheme and requiring such person, if he objects to such acquisition, to state
his reasons in writing within a period of sixty days from the service of the
notice.
(2) The
sanction of the scheme by the authority competent to do so under the rules
shall, on notification, be conclusive evidence that the scheme has been duly
framed and sanctioned.
79.
Approval of
Development Plan.- The
Development Plan of a local government shall be sanctioned in its meeting.
80.
Development
Plans to be included in the Budget.- As far as may be, the schemes included
in the Development Plan shall be included in the budget.
Public Health and Sanitation
81.
Insanitary
buildings and lands.- (1) A 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 lime wash 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 is a
nuisance or is dangerous to persons passing by or dwelling or working in the
neighbourhood, the 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 local government
imminent, it shall forthwith take such steps as it thinks necessary to avert
the same.
82.
Removal,
collection and disposal of refuse.-(1) A 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)
A 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 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)
A local government may, by notice, issue directions
with regard to the manner in which and the conditions subject to which, any
matter referred to in this paragraph may be carried out.
83.
Latrines and
urinals.- (1) A 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 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 water-body or into any
drain not intended for the purpose; or
(iv)
to collect and deposit for removal by the conservancy
establishment of the 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 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)
to substitute connected privy or connected urinal
accommodation for any service privy or service-urinal accommodation where there
is any underground sewerage system.
(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 local
authority for the matter referred to in this paragraph, the local government
may make such arrangements and the cost so incurred shall be deemed to be a tax
levied under this Act on the owner or occupier.
84.
Private
latrines.- A 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 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 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 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 local government and shall employ such staff for the
purpose as may be
necessary or as may be specified
by the local government; and
(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.
85.
Infectious
diseases.- (1) A local
government shall adopt measures to prevent infectious diseases and to restrain
infection within its local area.
(2) A local
government shall establish and maintain one or more hospitals for the reception
and treatment of persons suffering from infectious diseases. 86. Bathing and washing places.- (1) A 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 local government and
in conformity with the conditions and terms of such licence.
Public Safety
87.
Fire-fighting.- (1) For the prevention and extinction
of fires, the 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) A local
government shall prepare a fire-fighting plan and revise it at least once a
year.
88.
Civil
defence.- A 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.
89.
Floods.-
For fighting of floods, rescuing of people from the flood-affected areas and
affording relief to flood-stricken people, the local government shall provide
such boats, appliances and equipment as may be specified by Government.
Registration of Births, Deaths, Marriages
and Divorces
90.
Birth,
deaths etc.- A local government
shall register all births, deaths, marriages and divorces within the limits of
its local area and information of such births, deaths, marriages and divorces
shall be given by such persons or authorities and shall be registered in such
manner as the bye-laws may provide.
Social Welfare and Community Development
91.
Social
welfare.- A 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 the
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 Streets Lighting
92.
Public
streets.- (1) A local government
shall provide and maintain such public streets and other means of public
communications as may be necessary.
(2) A local
government shall, in the manner prescribed, prepare and execute a road
maintenance and development programme.
93.
Streets.-(1)
No new street shall be laid out except with the previous sanction of the 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 bye-laws may provide.
(3)
A 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 Act.
(4)
Government may prescribe the manner in which a street
other than a public street may be converted into a public street.
(5)
A local government shall not name or rename a road or a
street or a chowk or an underpass or a flyover/interchange without the previous
approval of the Government.
94.
Street
lighting and electrification.- (1)
A 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)
A 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)
A local government may frame and enforce street
lighting and electrification schemes.
95.
Street
watering.- A 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
96.
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
government.
(2) Where the
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.
97.
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 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 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 government 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 government unless he has
applied for and obtained a licence in this behalf from the 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 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 Act
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 local government not less than three
months’ notice in writing of his obligation to do so, and if the local
government refuses to grant him a licence, it shall pay compensation for any
loss incurred by reason of such refusal; and
(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 law.
(4)
A local government may charge fees for the grant of
licences under this paragraph.
98.
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 local
government thinks fit to impose in accordance with the bye-laws made under this
Act.
Transport and Traffic
99.
Traffic
control.- (1) A local government shall, by bye-laws, 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) A local
government may provide for parking motors on such public places as may be determined
by it.
100.
Public
vehicle.- (1) No person shall
keep or let for hire or drive or propel, within the limits of the local area of
the 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 local government except under the
licence granted by the local government and in conformity with the conditions
of such licence.
(3)
A local government shall, in such manner as the
bye-laws 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.
101.
Public
ferries.- (1) A local government may, by bye-laws, 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 local government which shall manage and operate the public ferry
in such manner and levy such toll as may be necessary.
Water Supply
102.
Water supply.-
(1) A 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 local government shall supply water to
private and public premises in such manner and on payment of such charges as
the bye-laws may provide.
103.
Private
source of water supply.- (1) All
private sources of water supply within the local area of the 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 local government.
(3)
A 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.
104.
Public
watercourses.- (1) A 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) A 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 in such manner as the
bye-laws may provide.
105.
Tanks, ponds
and low-lying areas.- A 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
the Government directs.
[36][NINTH SCHEDULE
Declaration
I,____________________s/o, w/o, d/o______________ solemnly
swear that I believe in the absolute and unqualified finality of the
Prophethood of Muhammad (Peace be upon him), the last of the prophets, and that
I am not the follower of any one who claims to be a Prophet in any sense of the
word or of any description whatsoever after Prophet Muhammad (Peace be upon
him), and that I do neither recognize such a claimant to be Prophet or
religious reformer nor do I belong to the Qadiani group or the Lahori group or
call myself an Ahmadi.
Date: Signature of the candidate.]
[1] Inserted by the
Punjab Local Government (Amendment) Act 2015 (III OF 2015)
[2] Inserted by the
Punjab Local Government (Amendment) Act 2013 (XXIII OF 2013)
[3] Substituted by the
Punjab Local Government (Second Amendment) Ordinance 2014 (XVI of 2014)
[4] Omitted by the
Punjab Local Government (Amendment) Act 2015 (III of 2015)
[5] Inserted by the
Punjab Local Government (Amendment) Act 2015 (III oF 2015)
[6] Inserted by the
Punjab Local Government (Second Amendment) Act 2014 (XXIV of 2014)
[7] Substituted by the
Punjab Local Government (Second Amendment) Act 2014 (XXIV of 2014)
[8] Substituted by the
Punjab Local Government (Second Amendment) Act 2014 (XXIV of 2014) 2
Inserted by the Punjab Local Government (Amendment) Act 2013
[9] Omitted by the
Punjab Local Government (Second Amendment) Act 2014 (XXIV of 2014)
[10] Omitted by the
Punjab Local Government (Amendment) Act 2013 ( XXIII OF 2013) 3 Omitted by the Punjab
Local Government (Amendment) Act 2013
[11] Omitted by the Punjab
Local Government (Amendment) Act 2013 ( XXIII OF 2013)
[12] Substituted by the
Punjab Local Government (Amendment) Act 2013 ( XXIII OF 2013)
[13] Omitted by the
Punjab Local Government (Amendment) Act 2013 ( XXIII OF 2013) 4 Omitted by the Punjab
Local Government (Amendment) Act 2013
[14] Substituted by the
Punjab Local Government (Amendment) Act 2013 ( XXIII OF 2013) 2 Substituted by the
Punjab Local Government (Amendment) Act 2013 ( XXIII OF 2013)
[15]
Substituted by the Punjab Local Government (Second Amendment) Act 2014 (XXIV of
2014)
[16] Substituted by the
Punjab Local Government (Amendment) Act 2013 (XXIII OF 2013) 3 Substituted by the
Punjab Local Government (Amendment) Act 2015 (III of 2015)
[30]
Inserted by the Punjab Local Government (Amendment) Act, 2014 (XXII OF 2014)
[31]
Omitted by the Punjab Local Government (Amendment) Act, 2014 (XXII OF 2014)
[32]
Omitted by the Punjab Local Government (Amendment) Act, 2014 (XXII OF 2014)
[33]
Substituted by the Punjab Local Government (Amendment) Act, 2014 ( XXII OF 2014)
[34]
Omitted by the Punjab Local Government (Amendment) Act, 2014 ( XXII OF 2014)
[35]
Omitted by the Punjab Local Government (Amendment) Act, 2014 ( XXII OF 2014)
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