THE PUNJAB
TEHSIL/TOWN MUNICIPAL ADMINISTRATION RULES
OF BUSINESS, 2002
[ SOV (LG)5-43/2001]
[15th March, 2002]
PART A-GENERAL
1.
Short title
and commencement.- (1) These
rules may be called the Punjab Tehsil/Town Municipal Administration Rules of
Business, 2002.
(2)
They shall come into force at once.
2.
Definitions.-
(1) In these rules, unless the subject or context otherwise requires.-
(i)
“business”
means all work done by the Tehsil/Town Municipal Administration in pursuance of
the provisions of the Punjab Local Government Ordinance, 2001 (XIII of 2001)
and these rules;
(ii)
“bye-laws”
mean the bye-laws made by Tehsil/Town Council under section 192 of the Punjab
Local Government Ordinance, 2001 (XIII of 2001);
(iii)
“case” means
a particular matter under consideration and includes all papers relating to it
and necessary to enable the matter to be disposed of, viz., correspondence and
notes and also any previous papers on the subject or subjects covered by it or
connected therewith;
(iv)
“Chief Officer”
means the officer incharge of the establishments providing municipal services
in a former municipal corporation, municipal committee or town committee area
under the repealed Punjab Local Government Ordinance, 1979;
(v)
“Chief Officer’s
Unit or Co Unit” means a defunct Tehsil/ Town Committee or
Municipal Corporation established
under the repealed Punjab Local Government Ordinance, 1979 whose administrative
set up has been kept intact under the provisions of the Punjab Local Government
Ordinance, 2001 (XIII of 2001);
(vi)
“Council”
means the Tehsil/Town Council of the Tehsil/Town concerned;
(vii)
“Decentralize or
“Decentralized” means conferment by the Government under the Punjab Local
Government Ordinance. 2001 (XIII of 2001), of its administrative and financial
authority for the management of specified offices of the Provincial Government
to the local governments;
(viii)
“District
Government” means a district government consisting of Zila Nazim and
District
Administration as provided in Section 13 of the Punjab Local Government
Ordinance, 2001 (XIII
of 2001), and includes “City District Government”;
(x)
“Local Fund”
means a fund established under Section 107 of the Punjab Local Government
Ordinance, 2001 (XIII of 2001);
(xi)
“Local Tax”
means a tax levied by Tehsil/Town Council under section 116 of the
Punjab Local Government
Ordinance; 2001 (XIII of 2001);
(xii)
“Ordinance”
means the Punjab Local Government Ordinance, 2001 (XIII of 2001);
(xiii)
“Provincial
Local Government Commission” means a Commission appointed by the Government
under section 131 of the Punjab Local Government Ordinance, 2001 ( XIII of
2001);
(xiv)
“Public
representative” means an elected person to a political office;
(xv)
“Tehsil/Town
Offices” mean offices mentioned in Schedule-I to these rules;
(xvi)
“Tehsil/Town
Council” shall have the same meaning as is assigned to it in section
65(1) of the Punjab Local Government
Ordinance, 2001 (XIII of 2001);
(xvii)
“Tehsil/Town
Municipal Administration” means a Municipal Administration comprising the
Tehsil/Town Nazim. Tehsil/Town Municipal
Officer, Tehsil/Town Officers, Chief Officers and other officials of Local
Council Service and officials of the offices entrusted to the Tehsil/Town
Municipal Administration as defined in sections 49 and 50 of the Punjab Local
Governments Ordinance, 2001 (XIII of 2001) ;
(xviii)
“Tehsil/Town
Municipal Officer” means an Officer incharge Tehsil/Town offices appointed
under the Punjab Local Government Ordinance, 2001(XIII of 2001); and
(xix)
“Tehsil/Town
Nazim” shall have the same meaning as is assigned to it in Chapter-V of the
Punjab Local Government Ordinance, 2001 (XIII of 2001).
(2)
Words and expressions used but not defined in these
rules shall have the same meanings as are assigned to them under the Punjab
Local Government Ordinance, 2001 (XIII of 2001).
3.
Allocation
of Business:- (1) The Tehsil/Town Municipal Administration shall consist of
Tehsil/Town Offices as well as such CO Units that are located within its
jurisdiction.
(2)
The business of Tehsil/Town Municipal Administration
shall be distributed amongst Tehsil /Town Offices in the manner indicated in
Schedule-I.
Provided that
the functions assigned to the City District Government through notification by
the Government shall stand deleted from the business allocated to the Town
Municipal Administration falling within the area of that District Government;
Provided further
that this distribution of business shall not apply to CO Units, which shall
continue providing municipal services under the executive control of
Tehsil/Town Nazim through the Tehsil/Town Municipal Officer until any contrary
order is made by the Government.
(3)
Unless varied and notified by the Government, the
decentralized offices in a Tehsil/Town shall continue performing their assigned
functions and provide services to the people within their area of jurisdiction
as they were doing on the commencement day of the Ordinance.
4.
Organization
of Tehsil/Town Offices:- (1) Each Tehsil/Town Office shall consist of
Tehsil/Town Officers and such officials as the Government may determine.
(2)
The Tehsil/Town Municipal Officer, shall, by means of a
standing order and with the approval of the Tehsil/Town Nazim, distribute the
work among the officers, branches and sections of each Tehsil Office.
(3)
The duty lists of all the officials in Tehsil/Town
Municipal Administration shall be prepared and compiled in the form of a
booklet by Tehsil/Town Municipal Officer for ready reference. A copy of the
same shall be submitted to the Tehsil/Town Nazim and other concerned officers.
(4)
The duty lists shall be reviewed by the Tehsil/Town
Officer and the Chief Officer on yearly basis for identifying redundant Jobs in
the office concerned and issue revised lists if deemed necessary. The
Tehsil/Town Officer or the Chief Officer on the basis of the review carried out
under sub-rule (4), may recommend reduction of posts or otherwise in the annual
budget of his office.
(5)
If in the opinion of the Tehsil/Town Officer or the
Chief Officer, new posts are required in an office under his jurisdiction, he
shall submit a detailed justification for creation of such new posts along with
the budget proposal.
(6)
The Tehsil/Town Municipal Officer shall supervise the
work assigned to the offices, branches and sections of each Tehsil/Town Office
as well as CO Units under his control.
(7)
In the absence of the Tehsil/Town Municipal Officer for
any reason, the Tehsil/Town Nazim may assign the charge of the post of the
Tehsil/Town Municipal Officer to any Tehsil/Town Officer or Chief Officer of
the Tehsil/Town Municipal Administration:
Provided that in
the event of absence of the Tehsil/Town Municipal Officer due to his transfer
the case for posting of a regular Tehsil/Town Municipal Officer shall be
initiated without any delay.
Explanation: For the purpose of this rule, the absence
of Tehsil/Town Municipal Officer means leave of the officer for more than 10
days or relinquishment of his charge of the post due to his transfer.
(8)
In absence of the Tehsil/Town Officer or the Chief
Officer, the Tehsil/Town Nazim may, in consultation with the Tehsil/Town
Municipal Officer, assign the additional charge of the post of the Tehsil/Town
Officer or the Chief Officer to any other Tehsil/Town Officer or the Chief
Officer, as the case may be.
5.
Functions
and Powers of the Tehsil/Town Nazim.- (1) The Tehsil/Town Nazim shall-
(a)
be the head of Tehsil/Town Municipal Administration and
shall perform such functions and exercise such powers as have been assigned to
him under the Ordinance and these rules;
(b)
be responsible for co-ordination of all policy matters;
(c)
have the powers to call for any case or information
from any Tehsil/Town Office;
(d)
keep informed the District Government on matters
related to local taxation;
(e)
furnish such information relating to administration of
affairs of Tehsil/Town as the Government and District Government may call for;
(f)
communicate to the Government all important issues
including administration, development, planning and taxation; and (g) enforce
the policies of the Government.
(2)
No order shall be issued without the approval of the
Tehsil/Town Nazim in cases enumerated in Schedule-II.
(3)
The cases enumerated in Schedule-III shall be submitted
to the Tehsil/Town Nazim for his information. The Tehsil/Town Nazim may require
any other case to be submitted to him for information.
(4)
Decisions taken by the Tehsil/Town Nazim shall not be
varied, reversed or infringed without consulting him.
(5)
The Tehsil/Town Nazim shall ensure that the business of
the Tehsil/Town Municipal Administration is carried out in accordance with the
provisions of the Ordinance and other laws for the time being in force.
(6)
In the case of Provincial Government employees, the
Tehsil/Town Nazim shall in consultation with the Government initiate action in
accordance with the provisions of the relevant Efficiency and Discipline Rules
against those officers and employees who have been reported to be inefficient,
undisciplined or corrupt by a Monitoring Committee.
6.
Functions
and Powers of the Tehsil/Town Municipal Officer.- In addition to the duties
and functions assigned to him under any other provisions of the Punjab Local
Government Ordinance, 2001, (XIII of 2001) and these rules, the Tehsil/Town
Municipal Officer shall-
(a)
be the Principal Accounting Officer of the Tehsil/Town
Municipal Administration and shall be the focal person in the Tehsil/Town
Municipal Administration;
(b)
co-ordinate the activities of all Tehsil/Town Offices
and shall be responsible for execution of sanctioned policy relating to the
Tehsil/Town Municipal Administration;
(c)
have the powers to call for any case or information
from any Tehsil/Town Office;
(d)
where the Tehsil/Town Nazim’s orders appear to involve
a departure from rules, regulations or Government policy, [2]refer
the case to the Government for decision;
and
(e)
in matters of policy and important decisions, the
Tehsil/Town Municipal Officer shall obtain approval of the Tehsil/Town Nazim
before communicating such matters and decisions to the Government.
7.
Duties and
functions of Tehsil/Town Officers.- (1) A Tehsil/Town Officer, in addition
to the provisions of the Punjab Local Government Ordinance, 2001 (XIII of
2001), shall-
(a)
assist the Tehsil/Town Municipal Officer in formulation
of policy and bring the cases to the notice of the Tehsil/Town Municipal
Officer which are required to be submitted to the Tehsil/Town Nazim under these
rules;
(b)
duly execute the sanctioned policy;
(c)
exercise general supervision over programmes, projects,
services and activities of the office under his control;
(d)
submit all proposals for taxation find the bye-laws to
the Tehsil/Town Council through the Tehsil/Town Municipal Officer and
Tehsil/Town Nazim; provided the taxation proposals shall be scrutinized by the
Tehsil/Town Officer (Finance) before submission to Tehsil/Town Municipal
Officer and Tehsil/Town Nazim;
(e)
be responsible to the Tehsil/Town Municipal Officer for
the proper conduct of the business of the Tehsil/Town Office:
(f)
subject to any general or special order of Government
in this behalf, issue standing orders specifying the cases or other classes of
cases which may be disposed of by an officer subordinate to the Tehsil/Town
Officer; and
(g)
be responsible for the careful observance of these
rules in Tehsil/Town Offices under his control.
(2)
While submitting a case for the orders of the
Tehsil/Town Nazim or Tehsil/Town Municipal Officer, it shall be duty of the
Telisil/Town Officer to suggest a definite line of action.
8.
General
procedure for disposal of business.- (1) Instructions as to the manner of
disposal of the business of the Tehsil/Town Administration shall be issued by
the Tehsil/Town Municipal Officer with the approval of Tehsil/Town Nazim.
(2)
If any doubt arises as to the Tehsil/Town Office to
which a case properly pertains, the matter shall be referred to the Tehsil/Town
Municipal Officer, who with the approval of the Tehsil/Town Nazim, shall refer
the case to the Government, and the orders thus passed shall be final.
(3)
All orders shall be made in writing. Where a verbal
order is made, the officer receiving the order shall reduce it in writing and,
as soon as may be show it to the authority making the order.
(4)
If any order contravenes any law, rule or policy decision
it shall be the duty of the officer next below the officer making such order to
point it out to the officer making the order and the latter shall refer the
case to the next higher authority.
(5)
If any doubt or dispute arises as to the interpretation
of these rules, the case shall be referred to the Government whose decision
thereon shall be final.
9.
Orders,
Instruments, Agreements and Contracts.- (1) All executive actions of the
Tehsil/Town Municipal Administration shall be expressed to be taken in the name
of the Tehsil/Town Municipal Administration.
(2)
Subject to the provisions of the Ordinance and the
rules framed thereunder, every order, instrument, agreement or contract of the
Tehsil/Town Municipal Administration shall be expressed to be made in the name
of the Tehsil/Town Municipal Administration and shall be executed by the
Tehsil/Town Nazim or an officer duly authorized by him for this purpose.
(3)
The Tehsil/Town Municipal Officer shall sign the
notifications on behalf of the
Tehsil/Town Municipal Administration for publication in the
official Gazette,
PART B-OFFICE PROCEDURE
10.
Consultation
among offices.- (1) When the subject of a case concerns more than one
office-
(a)
the Tehsil/Town Officer concerned or the Chief Officer
shall be responsible for consulting the other offices; and
(b)
no orders shall be issued nor shall the case be
submitted to the Tehsil/Town Nazim, until it has been considered by all the
offices concerned:
Provided that in cases of
urgency, and with the approval of the Tehsil/Town Nazim, this requirement may
be dispensed with, but the case shall, at the earliest opportunity, thereafter
be brought to the notice of the other office concerned in writing.
(2)
When a case is referred by one office to another office
for consultation, all relevant facts and the points necessitating the reference
shall be clearly brought out.
(3)
In the event of difference of opinion amongst the
offices, the Tehsil/Town Officer or the Chief Officer primarily concerned shall
refer the case to the Executive Committee constituted under rule 14.
(4)
A Tehsil/Town Officer or a Chief Officer may ask
through Tehsil/Town Municipal Officer to see a case of another office if it is
required for the disposal of a case pending in his office.
(5)
In case a Tehsil/Town Officer or a Chief Officer has submitted
a case directly to the Tehsil/Town Nazim for any cogent reason, the Tehsil/Town
Nazim shall after recording his decision return the case through the
Tehsil/Town Municipal Officer. In case the Tehsil/Town Municipal Officer
considers that the proposal of the Tehsil/Town Officer or the Chief Officer or
the decision of the Tehsil/Town Nazim is against the policy of the Government
or is contrary to the laws or rules for the time being in force, [3]he
shall refer the case to the Government for decision.
(6)
The Tehsil/Town Municipal Officer may ask to see a case
of any office involving important policy question.
11.
Reference to
the Tehsil/Town Nazim.- (1) No order regarding Tehsil/Town Municipal
Administration shall be issued without the approval of the Tehsil/Town Nazim in
cases involving important policy or departure from important policy or cases
enumerated in Schedule-ll:
Explanation.- Departure
from policy includes departure from a previous decision of the Tehsil/Town
Nazim.
(2)
The Tehsil/Town Nazim may require any case to be
submitted to him for information.
12.
Consultation
with Tehsil/Town Finance Office.- (1) No Tehsil/Town Office shall, without
previous consultation with the Tehsil/Town Finance Office, authorize any order
which in particular involves:
(a)
relinquishment, remission or assignment of revenue
relating to local funds, actual or potential, or furnish a guarantee against
it, or grant of all kind of leases;
(b)
expenditure for which no provision exists;
(c)
levy of taxes, duties, fee or cases listed in Part II
of Second Schedule of the Punjab Local Government Ordinance, 2001.
(d)
re-appropriations within budget grants; and
(e)
interpretation of bye-laws made by the Finance Office.
(2)
No proposal, which requires previous consultation with
the Finance Office under sub-rule (1) and to which the Finance Office has not
concurred, shall be proceeded with unless a decision to that effect lies been
taken by the Tehsil/Town Council. Formal orders shall only be issued after the
Finance Office has exercised scrutiny over the details of the proposal.
13.
Legal
Advice.- The Tehsil/Town Municipal Officer shall consult the Tehsil/Town
Nazim regarding cases/matters requiring legal advice.
14.
Executive
Committee.- (1) The Tehsil/Town Nazim shall constitute an Executive
Committee with the Tehsil/Town Municipal Officer as its Chairman and all
Tehsil/Town Officers and Chief Officers its members, to deal with all matters
concerning two or more offices, all matters of administrative, financial or
public policy, to facilitate coordination among the offices of the Tehsil/Town
Municipal Administration, to provide avenue for the consideration of matters of
common interest and to tender advice in any case that may be referred to the
Tehsil/Town Council or the Tehsil/Town Nazim.
(2)
A Tehsil/Town Officer or a Chief Officer who wishes a
particular matter to be discussed in the Executive Committee meeting, shall
apprise the Tehsil/Town Municipal Officer of his intention of doing so and
forward ten copies of a brief note on the subject which would form the basis of
discussion.
(3)
The Tehsil/Town Municipal Officer shall issue notice of
the meeting together with the agenda, well in advance of the meeting provided
that urgent items may be considered at short notice.
(4)
Minutes of the meeting shall be recorded by an officer
nominated by the Tehsil/Town Municipal Officer who shall attend the meeting for
the purpose and circulate such minutes after approval by the Tehsil/Town
Municipal Officer.
(5)
In the event of a difference of opinion on any issue
amongst the members of the Executive Committee, the case shall be submitted to
the Tehsil/Town Nazim through the Tehsil /Town Municipal Officer.
15.
Manner of
submission of cases.- (1) When a case is required to be submitted to the
Tehsil/Town Municipal Officer, it shall be the
responsibility of the Tehsil/Town Officer or the Chief Officer concerned to
ensure that all relevant papers, references and extracts of the laws and rules
are submitted along with the case for quick disposal.
(2)
In his note, the Tehsil/Town Officer or the Chief
Officer concerned shall certify that all the relevant papers required for the
disposal of the case have been submitted.
(3)
All files and records shall be kept and maintained by
the Tehsil Office or Chief Officer unit concerned in the prescribed manner.
(4)
Any officer who notices that tampering of records has
been made by his staff or colleague, he shall bring it to the notice of the
Tehsil/Town Municipal Officer for an appropriate action against the accused.
(5)
No page of the file either of the note portion or of
the correspondence portion shall be removed.
(6)
All notes shall be temperately written and shall be
free from personal remarks.
(7)
Proper decorum shall be observed in commenting upon the
notes recorded by the senior officers and where an error is to be pointed out
and an opinion is to be criticized, it shall be done in a respectful language.
(8)
If a note has been written in the note portion
erroneously, it shall be crossed out and a new note shall be written.
16.
Meetings.- (1)
The Tehsil/Town Officer and the Chief Officer shall endeavor to convene
meetings of all the officers under his control once in a month to discuss-
(i)
important pending cases;
(ii)
specific problems calling for general expression of
views or exchange of ideas; and
(iii)
questions of general interests concerning the
Tehsil/Town Office or the Chief Officer unit, as the case may be.
(2)
Brief minutes shall be recorded mentioning only the
salient points considered and the decisions taken. Individual view-points shall
not be recorded except on request.
17.
Information
to be supplied to a Monitoring Committee.- (1) The Chairman or a member of
a Monitoring Committee shall not contact formally or informally any officer or
official other than the Tehsil/Town Officer or the Chief Officer for obtaining
information required by the Committee regarding his office.
(2)
The Chairman of the Committee shall ask for information
in writing and the officer in charge shall supply the information as early as
possible.
(3)
Where the requisite information is of classified
nature, the information shall be supplied after observing all the formalities
as prescribed in the relevant rules and instructions. 18. Processing of fresh receipts.- (1) All fresh receipts/cases shall be processed
promptly.
(2) No case
shall be kept pending for more than three days by an officer. If processing of
a case requires more time, the immediate superior shall be informed. A report
of the pending cases in an office shall be prepared at the end of every month
and submitted to the Tehsil/Town Municipal Officer. Reasons for delay in the
disposal of such cases shall be recorded.
19.
Dealing with
the public representatives and visitors.- (1) All officers and officials
working in the Tehsil/Town Municipal Administration shall use polite and decent
language while dealing with the public representatives and visitors in their
offices.
(2) As
far as possible entertainment of the public representatives and visitors during
office hours shall be avoided.
(3) All
offices of the Tehsil/Town Municipal Administration shall have timings for
public dealing. All concerned officers and officials shall remain available
during the public dealing time for quick service.
(4) The
Tehsil/Town Officer and the Chief Officer shall be responsible to ensure that
citizens do not face any inconvenience.
20.
Approach to
public representatives in service matters.- (1) No employee shall, directly
or indirectly, approach any public representative or any other non-official
person to intervene on his behalf in his service matters.
(2) No employee
shall bring or attempt to bring political or other outside influence, directly
or indirectly, to bear on officers of Tehsil/Town Municipal Administration, in
support of any claim arising in connection with his employment as such.
21.
Service
Record, Performance Evaluation Reports Or Annual Confidential Reports.(1)
The General/Establishment Branch of the Tehsil/Town
Municipal Administration shall be responsible to maintain the service record, performance evaluation
reports or annual confidential reports of all direct employees of the
Tehsil/Town Municipal Administration (formerly servants of the local council);
and, copies of performance evaluation reports and annual confidential reports
of all other officers and officials (formerly of the Local Council Service and
others) including those working in the Chief Officer units in line with the
policy and instructions issued by the Government on the subject.
(2) The
General/Establishment branch of a Chief Officer unit shall be responsible to
maintain the service record of all direct employees (formerly servants of the
local councils) working in a Chief Officer Unit.
22.
Promotions.-
(1) Cases for promotion of officers and officials of the Provincial
Government shall be processed by the Government.
(2) Cases
for promotion of the officers and officials of Local Council Service posted in
any office of the Tehsil/Town Municipal Administration shall be processed in
accordance with the provisions of the relevant rules applicable to Local
Council Service.
(3) Cases
for promotion of officers and officials of the servants of Local Government
shall be processed according to the rules applicable to such category of
employees.
23.
Bar against
dealing with cases relating to officer’s own promotion, transfer, pay or
allowances or conduct.- No officer shall deal with a case relating to his own promotion,
transfer, pay or allowances or with a case dealing with his own official conduct.
24.
Administrative
and Financial Powers.- No senior officer of the Tehsil/Town Municipal
Administration shall exercise the powers delegated to a junior officer. If a
situation requires the exercise of such authority by a senior officer, he shall
record the reasons for exercising the authority and submit the case to the
Tehsil/Town Nazim for information.
25.
Periodical
report of activities of offices.- There shall be prepared, for information
of the Tehsil/Town Nazim, a quarterly report of the activities of each office
by each Tehsil/Town Officer or Chief Officer in the prescribed manner.
26.
Submission
of issues to the Zila Mushawarat Committee.- (1) The Tehsil/Town Municipal
Officer shall under the directions of the Tehsil/Town Nazim be responsible to
prepare the summary on each of the issues to be brought before the Zila
Mushawarat Committee.
(2) The
Tehsil/Town Municipal Officer shall be responsible for follow up action on the
decisions taken by the Zila Mushawarat Committee.
27.
Action on
the reports of the Monitoring Committees.- (1) The reports of the
Monitoring Committees regarding Tehsil/Town Municipal Administration shall be
examined by the Tehsil/Town Municipal Officer and a summary shall be submitted
to the Tehsil/Town Nazim for suggesting a line of action against any
inefficient, incompetent and corrupt officer or official of the Tehsil
Municipal Administration.
(2) The
Tehsil/Town Nazim shall inform the Council about the action taken by him on the
reports of the Monitoring Committee.
28.
Complaint
Cell.- The Complaint Cell established under Section 188 of the Ordinance
shall function under the direct supervision of the Tehsil/Town Nazim.
29.
Internal
Audit.- (1) The head of Internal
Audit office shall report to the Tehsil Nazim.
(2) The
functions of the Internal Audit office shall be as prescribed by the Provincial
Government.
(3) The
organizational set up of the Internal Audit office shall be as approved by the
Provincial Government.
30.
Inspections
by the Provincial Local Government Commission.- (1) The Tehsil/Town
Municipal Administration shall provide all the necessary support to the
Inspection Teams deputed by the Provincial Local Government Commission while
conducting annual and special inspections of the Tehsil/Town Municipal
Administration.
(2) The offices
of the Tehsil Municipal Administration shall provide all the necessary
assistance and relevant documents to the Commission promptly under intimation
to the Tehsil Nazim.
31.
Inspection
by the Tehsil/Town Municipal Officer.- (1) The Tehsil/Town Municipal
Officer shall inspect the working of offices in Tehsil/Town Municipal
Administration once every six months. He shall pay special attention to-
(i)
compliance with the rules, standing instructions,
orders and office directives;
(ii)
security arrangements;
(iii)
general office management; and
(iv)
proper use and care of property, equipment and
stationery etc. under the control of an office.
(2) A
copy of the inspection report shall be submitted to the Tehsil/Town Nazim. The
report shall also indicate steps taken or required to be taken for corrective
measures.
(3) The
Tehsil/Town Officer or the Chief Officer shall take follow up actions required
to be taken for corrective measures.
32.
Action on
the reference received from Zila Mohtasib.- (1) The reference received from
the office of the Zila Mohtasib shall be attended to promptly for compliance
under intimation to the Tehsil/Town Nazim.
(2) The references requiring action by the
Tehsil/Town Municipal Administration shall be implemented in letter and spirit.
33.
Weeding of
records.- (1) Records of the Tehsil Municipal Administration shall be
scrutinized after every five years by the incharge of the office.
(2) The
instructions of the Provincial Government for weeding out records and
classification of files shall be applicable to the records of the Tehsil/Town
Municipal Administration. All decisions for retention or otherwise of record
etc. shall be taken in the light of such instructions.
(3) The
Tehsil/Town Municipal Officer shall organize a central record room where record
of permanent nature shall be retained and preserved for specified periods.
PART C - POSTINGS, TRANSFERS AND FINANCIAL POWERS
34.
Postings and
transfers.- (1) The Authorities for postings and transfers of officers
/officials in the offices working under the control of Tehsil/Town Municipal
Administration shall be as follows:
(a) Where WASA or Development Authorities or
both are part of Tehsil/Town Municipal administration:
Category of Officers/officials Authority
(i)
BS-17 and above Tehsil/Town
Nazim
( except TOs/COs )
(ii)
BS-16 and below Tehsil/Town
Municipal
(except TOs/COs) Officer
(b) Where Tehsil/Town Municipal Administration is located at
District Headquarters:
Category of officers/officials Authority
(i)
BS-12 and above Tehsil/
Town Nazim
( except TOs/COs )
(ii)
BS-11 and below Tehsil/Town
Municipal
(except TOs/COs) Officer
(c) All
other Tehsil/Town Municipal Administration:
Category of officers/officials Authority
(i)
BS-9 and above Tehsil/
Town Nazim
( except TOs/COs )
(ii)
BS-8 and below Tehsil/Town
Municipal
(except TOs/COs) Officer
(2) The
Tehsil/Town Nazim or the Tehsil/Town Municipal Officer may, by order in
writing, delegate the powers vesting in him under this rule to any officer of
the Tehsil/Town Municipal Administration, to the extent and subject to such
terms and conditions as may be specified in such order and may, in the same
manner, alter, modify or withdraw such delegated powers.
35.
Operation of
accounts of Local Fund.- (1) The Tehsil/Town Nazim shall operate the
accounts of local fund of the Tehsil/Town Municipal Administration jointly with
the Tehsil/Town Municipal Officer where the amount to be drawn from the account
by cheque exceeds Rs. 50,000/-
Provided that
the Tehsil/Town Officer (Finance) may be authorized in writing by the
Tehsil/Town Nazim to operate the accounts jointly with him in the absence of
Tehsil/Town Municipal Officer.
Explanation.- The absence of
Tehsil/Town Municipal Officer means when he is either on leave for more than 10
days and the charge of his post has not been assigned to another officer during
the period of leave or the post of Tehsil/Town Municipal Officer is vacant
after transfer of the previous incumbent of the post.
(2) Where the
amount of cheque is less than Rs. 50,000/- the cheque shall be signed jointly
by the [4]Tehsil
Officer(Finance) and the Tehsil/Town Municipal Officer:
Provided that in
case of a CO Unit, the cheque shall be signed jointly by the Chief Officer of
the CO Unit and the Tehsil/Town Municipal Officer.
36.
Financial
Powers.- The following authorities of the Tehsil/Town Municipal
Administration shall have the same financial powers of the category of officer
indicated against that authority as given in the Second Schedule, Part I
(powers common to all departments) in the Delegation of Financial Powers Rules,
1990 of the Government of Punjab for sanctioning and incurring contingent
expenditure out of local fund for items duly provided in the sanctioned budget:
Authority Category of officer
a.
Tehsil/Town Nazim Full
powers
b.
Tehsil/Town Municipal Officer
Category II Officer
c.
Tehsil/Town Officer Category
III Officer
PART D-M1SCELLANEOUS PROVISIONS
37.
Protection
and communication of official information.- (1) No classified information
acquired directly or indirectly from official documents or relating to official
matters shall be communicated by an employee of Tehsil/Town Municipal
Administration to the press, to nonofficials, or officials belonging to other
Government offices, unless he has been generally or specially empowered to do
so.
(2) Detailed
instructions shall be issued by the Tehsil/Town Municipal Officer for the
treatment and custody of official documents, computer diskettes and information
of a confidential character.
(3) Ordinarily
all official news and information shall be conveyed to the press through the
Tehsil/Town Municipal Officer in the manner prescribed generally or specially
in each case.
38.
[5]In
case of any financial loss, duly verified by the Audit authorities, the
concerned officer(s)/official(s) shall be held responsible and the Government
shall pass I n order to recover such amount.
In case of failure to deposit the amount, the Government shall pass an
order to recover such amount as arrears of land under Land Revenue Act, 1967.
39.
Channel of
correspondence.- (1) [6]Correspondence
with the District/City District Government or any other Tehsil/Town Municipal
Administration shall be conducted by the
Tehsil/Town Municipal Officer and it shall be addressed to
the District Coordination Officer or the Tehsil/Town Municipal Officer, as the
case may be. The correspondence with the
Provincial Departments shall be routed through the Government.
(2)
Correspondence with the Union Administration of the same tehsil/town shall be
conducted directly by the offices in respect of the subjects allocated to them
and it shall ordinarily be addressed to the Union Nazim concerned.
SCHEDULE – I
( See Rule
3(2)}
|
Tehsil/Town
Office
|
Allocated Business
|
||
|
Municipal Regulation
|
1.
Regulate markets and service;
2.
Issue licenses, permits, grant permissions and impose penalties for violation thereof as
and when applicable;
3.
Management of municipal lands, estates, properties,
facilities, assets and enterprises vested in the Tehsil/Town Municipal
Administration;
4.
Enforcement of all municipal laws, rules and byelaws
governing the functioning of Tehsil/Town Municipal Administration;
5.
Prevention of encroachments on public lands and
places;
6.
Prosecute, sue and follow up criminal, civil and
recovery proceedings against violators of municipal laws in the courts of
competent jurisdiction; and
7.
Regulate affixing of signboards and Advertisements
|
||
|
Infrastructure and Services
|
1. Provision, management, operation, maintenance and
improvement of the municipal infrastructure and services, including:
|
||
|
|
(i)
|
Water supply and control and development of water
resources, other than systems maintained by the Union and Village Councils;
|
|
|
|
|
(ii)
|
Sewage and sewage treatment
and disposal;
|
|
|
|
(iii)
|
Storm water drainage;
|
|
|
|
(iv)
|
Sanitation and solid waste collection and sanitary disposal
of solid, liquid, industrial and hospital wastes;
|
|
|
|
(v)
|
Roads
and streets, other than roads falling under the jurisdiction of, and
maintained by, the district government, or provincial government and streets
maintained by the Union Administration or Village Council;
|
|
|
|
(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)
|
Fire fighting;
|
|
|
|
(ix)
|
Parks, playgrounds, open
spaces and arboriculture; and
|
|
|
|
(x)
|
Slaughter houses.
|
|
|
2.
|
Organize sports, cultural, recreational
events, fairs and shows.
|
|
|
|
3.
|
Organize cattle fairs and cattle markets;
and
|
|
|
|
4.
|
Coordinate and support municipal
functions amongst Unions and Villages.
|
|
|
Planning
|
1.
|
Prepare spatial plans for the tehsil/town in collaboration
with Union
|
|
Administrations
including plans for land use, zoning
and functions
for which tehsil/town administration is responsible;
2.
Exercise control over land use, land sub-division, land
development and zoning by public and private sectors for any purpose including
agriculture, industry, commerce, markets, shopping and other employment
centers, residential, recreation, parks, entertainment, passenger and transport
freight and transit stations;
3.
Building control;
4.
Execute and manage development plans;
5.
Develop and manage schemes including site development
in collaboration with District Government and Union Administrations;
6.
Compile information provided by Union and Village
Councils of
prioritized projects in
the tehsil/town; and
7.
Maintain municipal records and archives.
Finance 1.
Prepare budget, long-term and annual municipal development
programmes in collaboration with
the Union Administrations under the directions of Tehsil/Town Nazim;
2.
Propose taxes, cess, user fees, rates, rents, tolls,
charges, fines and penalties under Part II of the Second Schedule of the Punjab
Local Government Ordinance, 2001 (XIII of 2001) for approval of the Tehsil
Council and notify the same after such approval;
3.
Collect approved taxes, cess, user fees, rates, rents,
tolls, charges, penalties and fines;
4.
Management and control of local fund;
5.
Prepare financial statements and present them for
internal and external audit in the manner as may be prescribed;
6.
Maintenance of accounts; and
7.
Maintain with the assistance of the District
Government, Union and Village Councils, a comprehensive database and
information system for tehsil/town municipal administration and provide public
access, to it on nominal charges.
SCHEDULE II
( Sec. Rule
5(2))
List of cases to be submitted to the Tehsil/Town Nazim for
his approval before issuance of orders.
1.
Annual Budget Statement.
2.
Laying of Supplementary Statement of expenditure before
the Tehsil/Town Council.
3.
Cases in which Provincial Government has issued
directions.
4.
Complaints to the Provincial Local Government
Commission about dispute between any department of the Government, District
Government/City District Government and Tehsil/Town Municipal Administration or
between two Tehsil/Town Municipal Administrations.
5.
All cases which are liable to involve Tehsil/Town
Municipal Administration into controversy with Provincial Government, District
Government/City District Government or with another Tehsil/Town Municipal
Administration.
SCHEDULE III
{ See Rule
5 (3)}
List of cases to be submitted to the Tehsil
/ Town Nazim for information
1.
All
periodical reports of T.M.O & TOs.
2.
Press notes
issued by T.M.O & T.Os.
3.
Decisions or
Guidance by Local Government Commission.
4.
Policy
decisions, directives and orders of District Government, Provincial or Federal
Government & laws, rules and regulations of the Provincial Government
related to Tehsil/Town Municipal Administration.
THE PUNJAB
TEHSIL/TOWN MUNICIPAL ADMINISTRATION RULES
OF BUSINESS, 2002
[SOV(LG)5-43/2001]
[5th December, 2005]
THE PUNJAB TEHSIL/TOWN MUNICIPAL
ADMINISTRATION RULES OF BUSINESS, 2002 AMENDMENT:
1.
In clause (IX) of sub-rule (X) of rule – 2 after the
word “Punjab” the words “In LG&RD Department” shall be inserted.
2.
Clause (d) of rule 6 shall be substituted by the
following.-
“where the
Tehsil/Town Nazim’s orders appear to involve a departure from rules,
regulations or Government policy, refer the case to the Government for
decision; and”.
3.
In sub-rule (5) of rule-10 the word “he shall resubmit
the case to the Tehsil/Town Nazim proposing proper line of action and for
reconsideration” shall be substituted by the words “he shall refer the case to
the Government for decision”.
4.
In sub-rule (2) of rule – 35 the words “Accounts
Officer” shall be substituted by the words “Tehsil/Town Officer (Finance)”.
5.
Sub-rule (1) of rule – 38 shall be substituted by the
following:-
“Correspondence
with the District/City District Government or any other Tehsil /Town Municipal
Administration shall be conducted by the Tehsil/Town Municipal Officer and it
shall be addressed to the District Coordination Officer or the Tehsil/Town
Municipal Officer, as the case may be. The correspondence with the Provincial
Departments shall be routed though the Government”.
6.
After rule – 37, following new rule – 38 shall be
inserted and existing rule-38 shall be renumbered as rule-39:-
“In case of any
financial loss, duly verified by the Audit authorities, the concerned Officer’s
/ Official’s shall be held responsible and the Government shall pass an order
to recover such amount. In case of failure to deposit the amount, the
Government shall pass an order to recover such amount as arrears of land under
Land Revenue Act, 1967.”
[1]
Inserted LG&RD after the word Punjab.
[2]
Inserted “refer the case to the Government for decision”
[3]
Substituted “he shall refer the case to the Government for decision
[4]
Substituted the word “Accounts Officer” with “Tehsil Officer(Finance)”
[5]
Inserted new rule-38 and existing rule-38 has been re-named as rule-39.
[6]
Substituted “Correspondence with the District/City District Government or any
other Tehsil/Town Municipal Administration shall be conducted by the
Tehsil/Town Municipal Officer and it shall be addressed to the District
Coordination Officer or the Tehsil/Town Municipal Officer, as the case may be.
The correspondence with the Provincial Departments shall be routed through the
Government.
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