THE PUNJAB LOCAL GOVERNMENT ACT 2013

(Act XVIII of 2013)

C O N T E N T S

 

Section                                Heading

 

Chapter I

Introduction

        1.           Short title, extent and commencement.

        2.           Definitions.

        3.           Succession.

        4.           Local governments to work within the Provincial framework.

        5.           Certain matters to be prescribed.

 

Chapter II

Local Areas

        6.           Local areas.

        7.           Division and reconstitution of a local government.

        8.           Delimitation of Union Councils.

        9.           Delimitation of wards in Municipal Committees.

       10.          Waiver of conditions.

     10A.        Finality of delimitation.

 

Chapter III

Constitution of Local Governments

       11.          Constitution of local governments.

 

Chapter IV

Composition of Local Governments

       12.          Composition of local governments.

       13.          Union Council.

       14.          District Council.

       15.          Urban local governments.

       16.          Saving.

       17.          Authorities.

 

Chapter V

Local Government Elections

       18.          Franchise.

       19.          Election Commission to conduct elections.

       20.          Executive authority to assist the Election Commission.

       21.          Electoral rolls.

       22.          Appointment of District Returning Officer, Returning Officer etc.

       23.          Polling stations.

       24.          Presiding Officers and Polling Officers.

       25.          Supply of electoral rolls.

       26.          Other powers and functions of the Election Commission.

       27.          Qualifications and disqualifications for candidates and elected members.

       28.          Bar against dual membership.

       29.          Conduct of elections.

       30.          Term of office.

       31.          Oath of office.

       32.          Casual vacancy.

       33.          Removal.

       34.          Resignation.

       35.          Vote of no-confidence.

       36.          Bar against re-election or re-appointment.

       37.          Notification of election, resignation and removal.

       38.          Election petition.

       39.          Election Tribunal.

       40.          Powers of Election Tribunal.

       41.          Decision of the Election Tribunal.

       42.          Ground for declaring election of returned candidate void.

       43.          Ground for declaring a person other than a returned candidate elected.

       44.          Ground for declaring elections as a whole void.

       45.          Decision in case of equality of votes.

       46.          Appeal against the orders of Election Tribunal.

       47.          Corrupt practice.

       48.          Bribery.

       49.          Personating.

       50.          Undue influence.

       51.          Illegal practice.

       52.          Prohibition of canvassing.

       53.          Disorderly conduct near polling station.

       54.          Tampering with papers.

       55.          Interference with the secrecy of voting.

       56.          Failure to maintain secrecy.

       57.          Conduct of officials.

       58.          Breach of official duty in connection with election.

       59.          Assistance by Government servants.

       60.          Summary trial.

       61.          Cognizance.

       62.          Offence to be cognizable.

       63.          Prosecution of offences under this Chapter.

 

Chapter VI

Executive Powers and Conduct of Business

       64.          Executive authority and conduct of business.

       65.          Additional functions.

       66.          Delegated functions.

       67.          Conduct of business.

       68.          Meetings.

       69.          Contracts.

       70.          Reporting and evaluation.

 

Chapter VII

Union Councils

       71.          Union Councils.

       72.          Functions of the Union Council.

 

Chapter VIII

District Councils

       73.          District Councils.

       74.          Functions of Chairman.

       75.          Conduct of the business of District Council.

       76.          Functions of District Council.

       77.          Other functions of District Councils.

       78.          Structure.

       79.          Chief Officer.

       80.          Offices of District Council.

 

Chapter IX

Municipal Committees

       81.          Municipal Committees.

       82.          Structure.

       83.          Chairman.

       84.          Chief Officer.

       85.          Municipal offices.

Chapter X

Metropolitan and Municipal Corporations

       86.          Metropolitan and Municipal Corporations.

       87.          Functions of Metropolitan and Municipal Corporations.

       88.          Structure.

       89.          Mayor.

       90.          Chief Officer.

       91.          Municipal offices.

 

Chapter XI

District Education and Health Authorities

       92.          Authority.

       93.          Functions of District Education Authority.

       94.          Functions of District Health Authority.

       95.          Performance of functions by the Authorities.

 

Chapter XII

Panchayat and Musalihat Anjuman

       96.          Amicable settlement of disputes.

       97.          Reference by Courts etc.

       98.          Conflict of interest.

       99.          Procedure of settlement of disputes.

 

Chapter XIII

Local Government Finance

      100.         Local Fund and Public Account.

      101.         Custody of Local Fund and Public Account.

      102.         Charged expenditure.

      103.         Application of Local Fund.

      104.         Budget.

      105.         Approval of budget.

      106.         Honoraria and allowances.

      107.         Accounts.

      108.         Audit.

      109.         Local government debt.

 

Chapter XIV

Punjab Finance Commission

and Fiscal Transfers

      110.         Punjab Finance Commission.

      111.         Composition of Punjab Finance Commission.

      112.         Functions of the Punjab Finance Commission.

      113.         Certification requirements for fiscal transfers.

      114.         Powers of the Punjab Finance Commission.

 

Chapter XV

Local Government Taxation

      115.         Taxes to be levied.

      116.         Rating areas and property tax.

      117.         Collection of taxes.

      118.         Minimum rate of tax etc.

 

Chapter XVI

Local Government Relations

      119.         Relations of Government and local governments.

      120.         Powers of the Government.

      121.         Entrustment of functions to local government.

      122.         Punjab Local Government Commission.

      123.         Functions of the Commission.

      124.         Responsibility of the Commission.

      125.         Punjab Local Government Board.

      126.         Dissolution of local governments.

 

Chapter XVII

Local Government Property

      127.         Ownership of immovable property.

      128.         Transfer of property by the Government.

      129.         Stock taking by the local government.

      130.         Use of properties of local governments.

      131.         Acquisition of immovable property.

 

Chapter XVIII

Offences and Enforcement

      132.         Offences, punishments and their cognizance.

      133.         Appointment and control of Inspectors.

      134.         Imposition of fine through ticketing.

      135.         Court proceedings for default in deposit of fine.

      136.         Compounding of offences.

      137.         Municipal Wardens.

      138.         General powers of Inspectors.

      139.         Rights of citizen not affected.

Chapter XIX

Miscellaneous

      140.         Right to information.

      141.         Municipal entities.

      142.         Local government servants.

      143.         Appeals.

      144.         Power to make rules.

      145.         Bye-laws.

      146.         Delegation of powers.

    146-A.      Companies for cattle markets.

      147.         Action taken in good faith.

      148.         General powers of local governments.

      149.         Members and servants of local governments to be public servants.

      150.         Bar against employment.

 

Chapter XX

Transitional Provisions

      151.         Interim authorities.

      152.         Interim maintenance of institutions.

      153.         Financial transition.

      154.         Repeal and saving.

      155.         Removal of difficulty.

      156.         Amendment of Schedules.

 

Schedules

                     First Schedule

                     Second Schedule

                     Third Schedule

                     Fourth Schedule

                     Fifth Schedule

                     Sixth Schedule

                     Seventh Schedule

                     Eighth Schedule

                     Ninth Schedule

 


[1]THE PUNJAB LOCAL GOVERNMENT ACT 2013

(Act XVIII of 2013)

[23 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].

 

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;

            (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;

         [3][(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

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, declare a local area consisting of–

            (a)  Lahore District as Union Councils and the Metropolitan Corporation;

            (b)  rural area in a District, other than Lahore District, as Union Councils and a District Council;

            (c)  urban area in a District, other than the area of a Municipal Committee, as Union Councils and 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 Union Council, District Council, Municipal Committee or Municipal Corporation.

      (4)  Any two or more adjoining local governments within a District may, after inviting public objections through a resolution passed by two-third majority of the total membership of each of the local governments, make a proposal to the Government for a change in their respective boundaries subject to the condition that no revenue estate shall be divided and the size of population in the relevant local area shall, as far as possible, be close to the average population of similar local areas in the District.

 

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.

 

8.   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 delimited for purposes of the last preceding census or a census block and a revenue estate, notified as such by the Government.

      (2)  As far as possible–

            (a)  the area of a Union Council shall be a territorial unity;

            (b)  the boundaries of a Union Council shall not cross the limits of the Metropolitan Corporation, a Municipal Corporation [4][* * *] or a District Council; and

            (c)  the population of Union Councils within a local government shall be uniform.

      [5][(3)  The Government shall, in the prescribed manner, 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)  A ward shall, as far as possible, consist of a part of a village, one or more adjoining villages and, in case of an urban area, a part of a census block, census block or adjoining census blocks and, as far as possible, the population of wards shall be uniform.]

9.   Delimitation of wards in Municipal Committees.– (1) The Government shall, in the prescribed manner, 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 ward shall, as far as possible, consist of a part of a census block, a census block or adjoining census blocks and the population of wards within a Municipal Committee shall be uniform.

10. Waiver of conditions.– The Government may, in a specific case and for reasons to be recorded in writing, waive the conditions of delimitation mentioned in section 8.

[6][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;

      (d) Union Councils for rural and such urban areas of a District as the Government may notify; and

      (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–

            (a)  to be a Union Council;

            (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

12. Composition of local governments.– [7][* * *] A local government, other than an 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.

      [8][(2)     * * * * * * * * *]

[9][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.]

 

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 [10][* * *] 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

   [11][(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 [12][* * *] 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 [13][* * *] 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

         [14][(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

        [15][(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

[16][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.– [17][(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.

 

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.

 

21. Electoral rolls.– (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.

      (2)  The electoral rolls for the local government elections shall be prepared [18][or adapted or adopted] by the Election Commission in such manner as it may deem appropriate and the electoral rolls shall not be invalid by reason of any erroneous description in the electoral rolls of any person listed or of an omission of the name of any person entitled to be enrolled or of inclusion of the name of any person not so entitled.

      (3)  Every person whose name is entered in the electoral roll shall be entitled to cast a vote at the direct elections of the local government.

[19][22. Appointment of District Returning Officer, Returning Officer etc.– (1) The Election Commission shall appoint from amongst the officers of the Election Commission, 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.]

[20][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.]

 

[21][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; [22][and]

   [23][(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; [24][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 [25][.]

            [26][(k)    * * * * * * * * * * * *]

      (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.

      [27][(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. Casual vacancy.– (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.

      [28][(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.

      [29][(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 re-election 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)  election, 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 public-private 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;

       (y)    manage properties, assets and funds vested in the local government;

       (z)    develop and manage schemes, including site development;

      (aa)   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–

      (a)  coordination;

      (b)  internal audit;

      (c)  human resource management;

      (d) public relations;

      (e)  legal affairs; and

      (f)  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.

      [30][(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.

 

[31][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[32].

      (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

 

[33][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

(Comprising the revenue District excluding urban areas and Cantonments)

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

[34][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.

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

[35][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 Corporation

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

[36][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

Metropolitan Corporation, 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.


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.

[37][(11)  * * * * * *]

(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.

[38][(14)  * * * * * *]

(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 non-motorized 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:

(i)       laying out a drain or altering any drain in a street or road;

(ii)      connecting any house drain with a drain in a public street; and

(iii)     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 picketing, tethering, keeping, milching or slaughter of animals or their trespass of private or public property.

Rs.1,000

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 purposes, on deleterious substance, filth or refuse of any kind which is dangerous to health of consumers.

Rs.2,000

32.

Defacing or disturbing, without due authorization, any direction-post, 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 by-laws 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

_________________

Copy-1

(To be retained by Inspector)

 

Name & Address of the Offender: _________________

NIC No.

_________________

Particulars of Offence:(Section of Law with details of offences:

_________________

Date of commission of Offence:

Amount of Fine:

Rs._______________

(in letters)

 

Date by which the Fine is to be paid

_________________

(Note: The amount of fine shall be deposited in Bank)

 

Corrective actions ordered:

_________________

 

Name of the Court having jurisdiction:

_________________

Signature or Thumb Impression of the Offender:

_________________

 

Signatures of Inspector/Seal

_________________

Copy-2

(To be retained by Offender on payment of fine)

Name & Address of the Offender:

_________________

NIC No.

_________________

Particulars of Offence:(Section of Law with details of offences:

_________________

Date of commission of Offence:

Amount of Fine:

Rs._______________

(in letters)

 

Date by which the Fine is to be paid _________________

(Note: The amount of fine shall be deposited in Bank)

 

Corrective actions ordered:

_________________

 

Name of the Court having jurisdiction:

_________________

Signature or Thumb Impression of the Offender:

_________________

 

Signatures of Inspector/Seal

_________________

Copy-3

(To be returned to Inspector by offender after payment within ten days)

Name & Address of the Offender:

_________________

NIC No.

_________________

Particulars of Offence:(Section of Law with details of offences: _________________

Date of commission of Offence:

Amount of Fine:

Rs._______________

(in letters)

 

Date by which the Fine is to be paid _________________

(Note: The amount of fine shall be deposited in 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 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;

[39][(iv)   cattle brought to a cattle market; and]

(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 bye-laws, 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 bye-laws 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.

 

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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 whole-time or part-time basis on such terms and conditions as may be fixed.

 

13. Registers and returns.– (1) A pound-keeper shall keep such registers and furnish such returns as may be required by the 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 pound-keepers shall inform the officer in charge of the Police Station who shall thereupon display at a conspicuous place in his office a notice stating the number and description of animals and places of seizure and impounding. A similar notice shall be displayed at a conspicuous place in the office of the 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.