THE PUNJAB VILLAGE PANCHAYATS AND NEIGHBOURHOOD
COUNCILS ACT 2019
(Act XIV of 2019)
C O N T E N T S
Section Heading
Chapter I – Applicability and Interpretation
1. Short title, extent and commencement.
2. Interpretation.
2A. Elections Act to apply.
Chapter II – Village and Neighbourhood Common Assemblies and
their Jurisdiction
3. Establishment of village and neighbourhood
areas.
3A. Delimitation of villages and neighbourhoods.
4. Village and neighbourhood common
assemblies.
5. Powers and duties of common assembly.
6. Decisions of common assembly how made.
7. General and extra-ordinary meetings of
common assembly.
8. Local officials to attend meetings of
common assembly.
Chapter III – Constitution, Powers and Duties of Panchayats
and Neighbourhood Councils
9. Common assemblies to act through the
panchayats or neighbourhood councils.
10. Constitution of panchayats and neighbourhood
councils.
11. Term of office of panchayats and
neighbourhood councils.
12. Territorial jurisdiction of panchayats and
neighbourhood councils.
13. Meetings of panchayats and neighbourhood
councils.
14. Minimum quorum requirements.
15. All decisions of panchayat and neighbourhood
councils to be taken in their meetings.
16. An act of panchayat and neighbourhood
council not to be invalidated by vacancy or irregularity in appointment of a
member.
17. Primary functions of a
panchayat and neighbourhood council.
18. Delegation of functions upon a panchayat or
neighbourhood council by a local governments and the Government.
19. Power of a panchayat and neighbourhood
council to enter into contracts and acquire, hold and dispose of property.
20. Power of a panchayat and neighbourhood
council to require removal of unlawful obstructions and refrain from causing
public inconvenience.
21. Power of a panchayat and neighbourhood
councils to make certain general orders.
22. Power of a panchayat or neighbourhood
council to report delinquency on the part of local officials.
23. Power of a panchayat or neighbourhood
council to enter and inspect premises.
24. Power of a panchayat to name streets etc.
25. Duties of the chairpersons and members.
26. Joint works and undertakings.
Chapter IV – Elections and Term of Office of the
Chairpersons and Members
27. Notification of elections.
28. All elections under this Act to be held by
Election Commission.
29. Right to cast vote.
30. Method of election.
31. Qualifications for being a candidate to
election or for holding office of the chairperson or member.
32. Minimum period for safe custody of certain
election record.
33. Bar against holding more than one political offices.
34. Oath of office of the chairpersons and
members.
35. Term of office of the chairpersons and
members.
36. Resignation by a chairperson or member.
37. Filling of casual vacancies in panchayats
and neighbourhood councils.
Chapter V – Funds of Panchayat and Neighbourhood Councils
and their Application
38. Local fund of villages and neighbourhoods.
39. Sources of local fund.
40. Proceeds from local rate to be part of local
fund of a village.
41. Custody of local fund.
42. Legal basis for application of local fund.
43. Matters in respect of which moneys from
local fund may be applied.
44. Investment of surplus moneys in local fund.
45. Preparation and approval of estimate of
receipts and expenditure.
46. Designated officer to approve estimate of
receipts and expenditure where panchayat or neighbourhood council fails to do
so.
47. Fees and rates which may be levied by
panchayats and neighbourhood councils.
48. Accounts of panchayat and neighbourhood
councils.
49. Audit of accounts of panchayat and
neighbourhood councils.
Chapter VI – Superintendence and Control
50. Liability of chairperson and members towards
the village and neighbourhood.
51. Every chairperson and member to be a public
servant.
52. Every chairperson and member to declare
assets.
53. Chairperson to submit copy of every
resolution and order to the designated officer.
54. Access to and seizure of record of
panchayats and neighbourhood councils.
55. Power to inquire into affairs of a panchayat
or neighbourhood council.
56. Power to suspend, modify or rescind a
resolution or other action of a panchayat or neighbourhood council.
57. Removal of a chairperson by panchayat or
neighbourhood council through vote of no-confidence.
58. Code of conduct for chairpersons, members
and designated officers.
59. Misconduct by a chairperson or member.
60. Cognizance of misconduct etc
by a chairperson or member.
61. Removal of a chairperson or member on the recommendation
of Board.
62. Suspension and reinstatement of a
chairperson or member.
63. Suspension of a panchayat or neighbourhood
council.
64. Dissolution of a panchayat or neighbourhood
council.
64A. Election Commission to notify election etc.
Chapter VII – Local Boards
65. Constitution of Local Boards and their place
of sitting.
66. Composition and quorum of Local Boards.
68. Act or proceedings of a Board not to be
invalid for existence of vacancy etc.
69. Time limit for decision of cases.
70. Removal of chairperson and members on ground
of inefficiency or misconduct.
Chapter VIII– Offences, Penalties and Compensations
71. Penalty for disobedience of an order of
panchayat or neighbourhood council to remove obstruction or refrain from
causing public inconvenience.
72. Penalty for disregard or disobedience of a
general order of panchayat or neighbourhood council.
73. Penalty for destroying etc. of name plate of
street etc.
74. Penalty for wilfully obstructing a panchayat
or neighbourhood council or its employees etc.
75. Penalty for disobedience of other direction
or prohibition of a panchayat or neighbourhood.
76. Penalty for infringement of bye-laws of a
panchayat or neighbourhood council.
77. Imprisonment for default of payment of
penalties.
78. Compensation for any damage to panchayat or
neighbourhood council.
79. Cognizance of offences under this Act.
80. Appointment of Municipal Magistrates.
Chapter IX – Miscellaneous
81. Appointment of designated officer.
82. Appeal against an order of panchayat or
neighbourhood council.
83. Representation against orders of a
designated officer.
84. Power of the Government to appoint any of
its officer as administrator pending fresh elections.
85. Fresh elections not to be called where the
remaining term in office of a panchayat or neighbourhood council is less than
six months.
86. Resolution of disputes inter se panchayats
and neighbourhood councils or with a local government and other agency.
87. Panchayat and neighbourhood council staff.
88. Protection of action in good faith.
89. Recovery of dues as arears of land revenue.
90. Power to make rules.
91. Panchayats and neighbourhood councils to
promulgate bye-laws.
92. Government may prescribe model bye-laws.
93. Removal of difficulties.
94. Act to override other laws.
[1]THE PUNJAB VILLAGE
PANCHAYATS AND NEIGHBOURHOOD COUNCILS ACT 2019
ACT XIV OF 2019
[4 May 2019]
An Act to institutionalize and strengthen civic engagement for
non-political action in the Punjab through constitution of village Panchayats
and urban neighbourhood councils
Whereas it is
expedient to institutionalize and strengthen civic engagement for non-political
action in the Punjab through constitution of village Panchayats and urban
neighbourhood councils, and to provide for the matters connected therewith and
ancillary thereto;
Be
it enacted by Provincial Assembly of the Punjab as follows:-
Chapter
I – Applicability and Interpretation
1. Short title, extent and commencement.— (1) This Act
may be cited as the Punjab Village Panchayats and Neighbourhood Councils Act,
2019.
(2) It extends to the whole of the Punjab other
than the areas notified as cantonments under the Cantonments Act, 1924 (Act II
of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), in relation to
the matters covered there under.
(3) It shall come into
force at once.
2. Interpretation.— [2][(1)] In this Act, unless there is anything repugnant in the subject
or context:-
(a) ‘Assistant’
means an official of the Panchayat or, as the case may be, a neighbourhood
council engaged in the prescribed manner;
(b) ‘Board’ means a
Local Board established under section 65 of this Act;
(c) ‘candidate’
means a candidate for elections under this Act;
(d) ‘cantonment’ means place or places declared and notified as
cantonment under the Cantonments Act,
1924 (II of 1924) or the Cantonments Ordinance, 2002 (CXXXVII of 2002) by the
Government of Pakistan;
[3][(e) ‘census’ means a population and housing
census provisionally or finally published under the General Statistics
(Reorganization) Act, 2011 (XIV of 2011), whichever is later;]
(f) ‘chairperson’ means the chairperson of a panchayat or, as the
case may be, a neighbourhood council;
(g) ‘common assembly’ means a meeting of residents of the village
or, as the case may be, of the neighbourhood;
[4][(h) *****************************************************************]
(i) ‘corruption’ by a chairperson, member, assistant or any other
person acting under this Act means:
(i)
accepting,
obtaining or offering any gratification or valuable thing, directly or
indirectly, other than the legal remuneration, as a reward for doing or for
bearing to do any official act; or
(ii)
dishonestly or
fraudulently misappropriating, or indulging in embezzlement or misuse of
property or resources of a local government; or
(iii) possession of pecuniary
sources or property by himself or any of his dependents or any other person,
through him or on his behalf, which cannot be accounted for and which are
disproportionate to his known sources of income; or
(iv) maintaining standard of living beyond known sources of income; or
(v)
having a
reputation of being corrupt; or
(vi) entering into plea bargain under any law for the time being in
force and return the assets or gains acquired through corruption or corrupt
practices, voluntarily;
(j) ‘designated officer’ means an officer appointed as a
designated officer under section 81of this Act;
[5][(j-a) ‘Elections Act’ means the Elections Act,
2017 (XXXIII of 2017);]
(k) ‘Election
Commission’’ means the Election Commission of Pakistan established under Article
218 of the Constitution of the Islamic Republic of Pakistan;
(l) ‘estate’ means an estate as defined in clause (9) of section
4 of the Punjab Land Revenue Act, 1967 (XVII of 1967);
(m) ‘extra-ordinary meeting’ means a meeting of common assembly,
panchayat or, as the case may be, neighbourhood council other than a general
meeting;
(n) ‘general
meeting’ with respect to a common assembly means the meeting referred to in
subsection (1) of section 7 of this Act and with respect to a panchayat or, as
the case may be, a neighbourhood council means a meeting referred to in
subsection (1) of section 13 of this Act;
(o) ‘Government’
means the Government of the Punjab;
(p) ‘High
Court’ means Lahore High Court, Lahore;
(q) ‘local fund’ means a local fund of a panchayat or
neighbourhood council established under section 38 of this Act;
(r) ‘local government’ means a local government established under
the Punjab Local Government Act, 2019;
(s) ‘local
official’ means a head-teacher, patwari, forest
guard, police constable, chaukidar, vaccinator,
health worker, canal overseer, or any other class of public servants for the
time being serving the village, or as the case may be, neighbourhood as
notified by the Secretary;
(t) ‘member’ means the member of a panchayat or, as the case may
be, a neighbourhood council;
(u) ‘misconduct’ means misconduct in terms of section 59 of this
Act;
(v) ‘Municipal
Magistrate’ means a Special Judicial Magistrate appointed under section 80 of
this Act;
(w) ‘neighbourhood council’ means a neighbourhood council
constituted under section10 of this Act;
(x) ‘neighbourhood’ means an area comprising a distinct and
compact inhabitation or a group of two or more contiguous, distinct and compact
inhabitations and notified as such under section 10 of this Act;
(y)
‘panchayat’ means a panchayat constituted under section
10 of this Act;
(z) ‘prescribed’ means prescribed by rules made by the Government
under this Act;
(aa) ‘public servant’ means a public servant
as defined in section 21 of the Pakistan Penal Code 1860 (XIV of 1860);
(bb) ‘resident’ of a
village or, as the case may be, of a neighbourhood shall mean a person who:
(i)
is, for the
time being, a citizen of Pakistan;
(ii)
ordinarily
resides in the respective village, or as the case may be, in the respective
neighbourhood;
(iii) has attained the age of eighteen years on first January of the corresponding
calendar year; and
(iv) has not been declared to be of unsound mind or an undischarged
solvent by a competent court;
[6][(cc) “Rules”, means the rules made under the
Act;]
[7][(dd)] ‘Secretary’
means Secretary within the meanings of the Punjab Government Rules of Business,
2011 in charge of Local Government and Community Development Department; and
[8][(ee)] village’ means the area comprising [9][one
or more estates or part of an estate notified as a village and not being a part
of an urban local area].
[10][(2) In the Act, an expression used but not
defined shall have the same meaning as given in the Punjab Local Government Act
2019 (XIII of 2019).]
[11][2A. Elections Act to apply.– For the purpose of election of
panchayats and neighbourhood councils, provisions of the Elections Act
shall, as nearly as possible, apply to an election under this Act.]
Chapter
II – Village and Neighbourhood Common Assemblies and their Jurisdiction
3. Establishment of
village and neighbourhood areas.— [12][(1) The Government shall, by notification in the official
Gazette, demarcate villages within the local areas, excluding the cantonments
and urban local areas, for the purpose of this Act.]
[13][(2) ***********************************************************]
(3) Where, as per the last available census,
the population of an estate is less than two hundred, such estate shall be, for
the purpose of this section, merged with another contiguous estate having the
least population among all contiguous estates so as the combined population of
the two becomes more than two hundred.
(4) Where after merger of the two contiguous
estates under subsection (3), their combined population remains below two hundred,
the two estates shall be combined with another contiguous estate with least
population among the remaining contiguous estates and if required this process
shall be repeated until the combined population of such estates exceeds two
hundred.
[14][(5) The area comprising a
distinct and compact inhabitation or a group of two or more contiguous,
distinct and compact inhabitations within an urban local area, having
population specified in the First Schedule, shall constitute the limits of a
neighbourhood for the purpose of this Act.]
(6) [15][The] Government shall name each village,
preferably by the name of the estate, and each neighbourhood, preferably by the
common name of the inhabitation or, where the neighbourhood comprises more than
one distinct inhabitation, by the name of any one of such distinct
inhabitations.
[16][3A. Delimitation of
villages and neighbourhoods.– (1) Notwithstanding anything contained in section 3 and for the purpose
of election of panchayats and neighbourhood councils, the Election Commission
shall delimit the villages and neighbourhoods under the Act and the Elections
Act.
(2) The
Election Commission may, in the process of delimitation, consider the
demarcation of villages under section 3.
(3) In
delimitation of villages and neighbourhoods, the Election Commission shall:
(a) not
split a census block for a neighbourhood;
(b) not
split an estate for a village unless part of the estate is included in an urban
local area; and
(c) as
far as possible, keep the population of two or more neighbourhoods within an
urban local area in the range specified in the First Schedule.]
4. Village and neighbourhood
common assemblies.— (1) Every village and neighbourhood shall have a common assembly
for the purposes of this Act.
(2) A common assembly
shall comprise of every resident of the respective village or, as the case may
be, the respective neighbourhood.
5. Powers and duties of
common assembly.— (1) In relation to the respective village or, as the case may be,
the neighbourhood, a common assembly shall have the power to:
(a)
call for
from the chairperson, discuss and pass reasonable directions on the
consolidated account of all moneys received in and expenditures incurred from
the local fund during each financial year;
(b)
call for
from the chairperson, discuss and pass reasonable directions on the report on
audit of accounts under section 49 of this Act;
(c)
call for
from the chairperson, a report on enforcement actions taken under the Sixth
Schedule;
(d)
seek
clarification from the chairperson or a member on any matter relating to his
duties under this Act;
(e)
seek
clarification from a local official on any matter relating to his official duty
in relation to the residents; require the residents to provide voluntary labour,
or to make reasonable contribution in kind or cash or both, or to render such other
support as it considers just and appropriate for undertaking a project for their
general welfare; and
(f)
require the chairperson
to approach the Government or a local government in relation to any common need
of the residents.
(2) Every
[17][common assembly] shall,
at all times, promote harmony and peace among the residents and cooperate with and
assist the respective panchayat or, as the case may be, the neighbourhood
council for the purpose of this Act.
6. Decisions of common
assembly how made.— (1) All decisions of the common assembly shall be made in its
general or extra-ordinary meeting as referred to in section 7 of this Act through
a majority of vote of the residents present and voting.
(2) For the purpose of this section, every
resident shall have one vote.
(3) Unless otherwise resolved by the common
assembly, all votes in a general or extra-ordinary meeting shall be cast by
show of hands.
7. General and
extra-ordinary meetings of common assembly.— (1) Every common assembly shall hold not less than two general
meetings in every calendar year on such dates as may be appointed by its chairperson.
(2) When required in writing by a majority
of the members, or not less than one-twentieth of the residents of the
respective village or, as the case may be, the respective neighbourhood to call
an extra-ordinary meeting of the common assembly, the chairperson shall do so
within seven clear days.
(3) Where, a chairperson fails to convene a
general meeting under subsection (1) or an extra-ordinary meeting under
subsection (2), the respective designated officer may hold such general or extra-ordinary
meeting.
(4) All general and extra-ordinary meetings
of the common assembly shall be open to the residents and other interested
persons.
(5) All general and extra-ordinary meetings
of the common assembly shall be held at a public place within the limits of the
respective village or, as the case may be, the respective neighbourhood.
(6) The chairperson, or as the case may be,
the designated officer, shall give a fourteen clear days
notice for every general meeting and, in the like manner, a seven clear days notice for every extra-ordinary meeting under this
section specifying the place, date and time of such meeting and the business to
be transacted thereat.
(7) One-twentieth of the residents of the
respective village or, as the case may be, the respective neighbourhood shall
constitute the quorum for a general or an extra-ordinary meeting of the common
assembly.
(8) Subject to the provisions of this Act, every
meeting of the common assembly shall be presided over by the respective chairperson.
8. Local officials to
attend meetings of common assembly.— A local
official shall, on the invitation of the respective chairperson, attend a
general or, as the case may be, an extra-ordinary meeting of the common
assembly to discuss or advise upon any matter coming up before it.
Chapter
III – Constitution, Powers and Duties of Panchayats and Neighbourhood Councils
9. Common assemblies
to act through the panchayats or neighbourhood councils.—
(1) The common assembly of every
village shall act through the respective panchayat.
(2) In the like manner,
the common assembly of every neighbourhood shall act through the respective
neighbourhood council.
10. Constitution of panchayats
and neighbourhood councils.— (1) As soon as may be, but not later than [18][twenty one months] of the commencement
of this Act, the Government [19][shall, in collaboration with the Election
Commission, ensure elections of] a panchayat
for every village and a neighbourhood council for every neighbourhood in the
Punjab.
(2) Every panchayat
shall consist of a chairperson and such number of general and women members and
the members representing religious minorities as given at the Second Schedule.
(3) In
the like manner, every neighbourhood council shall consist of a chairperson and
such number of general and women members as given at the Third Schedule.
(4) The chairperson and members of every
panchayat and neighbourhood council shall be elected under this Act.
(5) Every panchayat and neighbourhood
council shall be a body corporate by the name determined under section 4 of
this Act, and shall have perpetual succession and a common seal, and shall, by
the said name, sue and be sued.
11. Term of office of
panchayats and neighbourhood councils.— Every panchayat and neighbourhood council, unless otherwise
dissolved under section 64 of this Act, shall hold office for four years.
12. Territorial
jurisdiction of panchayats and neighbourhood councils.—
Each village shall constitute the
territorial jurisdiction of the respective Panchayat and, in the like manner,
each neighbourhood shall constitute the territorial jurisdiction of the
respective neighbourhood council.
13. Meetings of
panchayats and neighbourhood councils.— (1) Every panchayat and neighbourhood council shall hold a general
meeting once in every month on such date and time as may be appointed by its chairperson.
(2) The chairperson shall, when required in
writing by a majority of the members to call an extra-ordinary meeting, shall
do so within three clear days.
(3) Where, a chairperson fails to convene a
general meeting under subsection (1) or an extra-ordinary meeting under
subsection (2), the designated officer may hold such general or, as the case may
be, the extra-ordinary meeting.
(4) All meetings of the panchayat and
neighbourhood councils shall be open to the residents and other interested
persons.
(5) All meetings of the panchayat and
neighbourhood council shall be held at a public place within the limits of the respective
village or, as the case may be, the respective neighbourhood.
(6) The chairperson, or as the case may be,
the designated officer, shall give a seven clear days’ notice for every general
meeting and, in the like manner, a three clear days’ notice for every extra-ordinary
meeting specifying the place, date and time of such meeting and the business to
be transacted thereat
14. Minimum quorum requirements.— Save as otherwise
provided in this Act, not less than half of the members including the
chairperson shall form quorum of the meeting of respective panchayat and a
neighbourhood council.
15. All decisions of
panchayat and neighbourhood councils to be taken in their meetings.— (1) All matters before every panchayat and neighbourhood council
shall, unless otherwise specifically provided by or under this Act, be decided
by a majority of votes of the members present and voting and the chairperson or
any other member presiding the meeting, unless he refrains from voting, shall
give his vote before declaring the number of votes for and against the matter
in question and in the case of equality of votes, he may give his casting vote.
(2) Notwithstanding the provisions of
subsection (1), where the quorum of a meeting is completed with the attendance
of two members, no decision of such meeting shall take effect unless it is
unanimous.
16. An
act of panchayat and neighbourhood council not to be invalidated by vacancy or irregularity
in appointment of a member.— No act of a panchayat or, as the case may be, the neighbourhood
council shall be invalid by reason only of the fact that the number of members
holding office at the time of the performance of any such act was less than the
number fixed under section 14 of this Act, or by reason of any irregularity in
the appointment of any chairperson or member.
17. Primary
functions of a panchayat and neighbourhood council.— (1) It shall be the duty of every panchayat and neighbourhood
council, within the limits of the funds at its disposal, to make arrangements
for carrying out the requirements of the village or, as the case may be, the
neighbourhood in respect of the mattes given at the Fourth and Fifth Schedule,
including all subsidiary works and buildings connected there-with so far as
they are likely to promote the health, safety, comfort or convenience of the
respective village or neighbourhood or of visitors thereto.
(2) Nothing in sub-section (1) shall be
deemed to impose any duty or confer any power upon the panchayat or the
neighbourhood council with respect to any matter under the direct administrative
control of any department of the Government or of a local government or to
authorise the panchayat or the neighbourhood council to interfere with any
existing legal rights.
18. Delegation
of functions upon a panchayat or neighbourhood council by a local governments
and the Government.— (1) A local
government may, through a written order, delegate to the panchayat or, as the
case may be, a neighbourhood council within its local area:—
(a)
the
construction, maintenance or improvement of any property under its control or
management;
(b)
delivery of any
public service for which it is responsible under the Punjab Local Government
Act, 2019 or any other law for the time being in force to such extent as it
considers appropriate; and
(c)
any
other matter under its control.
(2) In the like manner, the Government may,
by a notification published in the official gazette, delegate any matter under
its control to a panchayat or, as the case may be, a neighbourhood council.
(3) The expenses required for the
construction, maintenance or improvement of a property, or delivery of a public
service, or undertaking of any other matter delegated under subsection (1) shall
be placed at the disposal of the panchayat or, as the case may be, the
neighbourhood council by the delegating local government.
(4) In the like manner, the expenses required
for undertaking of any other matter delegated under subsection (2) shall be
placed at the disposal of the panchayat or, as the case may be, the
neighbourhood council by the Government.
19. Power
of a panchayat and neighbourhood council to enter into contracts and acquire,
hold and dispose of property.— (1) Every panchayat and neighbourhood council shall have the power
to enter into contracts and acquire property.
(2) Every
road, building, work or other property, whether moveable or immovable, constructed
or acquired by a panchayat and neighbourhood council out of the local fund shall
vest in it.
(3) The
Government may by a general or specific order, transfer to a panchayat or a
neighbourhood council any of its property situated within its limits, with such
limitations or conditions as it may consider appropriate.
(4) No
panchayat or neighbourhood council shall alienate any property vested in it
unless it is required to do so by a resolution passed with two-third majority
at an extra-ordinary meeting of the respective common assembly convened for
this purpose and a prior permission for this purpose has been obtained from the
Government.
20. Power
of a panchayat and neighbourhood council to require removal of unlawful obstructions
and refrain from causing public inconvenience.— (1) A panchayat or a neighbourhood council may, by notice in
writing specifying a reasonable period:—
(a)
require the
person obstructing or interfering with a public way, drain or a local stream
unlawfully to remove such obstruction or stop such interference;
(b)
require a
trespasser in a village or neighbourhood common property to vacate such
property or to remove any unlawful construction or obstruction therein;
(c)
require the
owner or occupier of any land, well, water-pump, or building which includes or
is attached to any latrine, pool or ditch, containing or used for the
collection of any drainage, filth or stagnant water, which is a nuisance to the
neighbourhood, to take such action as it may deem reasonably necessary to
remove the nuisance;
(d)
require the
owner of any wall or building, which is deemed by it to be in any way
dangerous, to remove or repair such wall or building;
(e)
require the
owner or occupier of any building or property to keep his building or property
in a sanitary state;
(f)
require the
owner of any dog or other animal suffering or reasonably suspected to be
suffering from a communicable disease which is likely to harm public health or
health or wellbeing of other animals to destroy or cause to be destroyed or
confine or cause to be confined such dog or animal; and
(g)
require the
owner of a dog or other animal which is likely to annoy or intimidate
passers-by to restrain such dog or animal.
(2) If any act or work required to be done
under this section is not executed within the period specified in the notice,
the panchayat or, as the case may be, the neighbourhood council may itself
cause such act or work to be executed and recover a sum not exceeding the cost
thereof from the person, owner or occupier notified.
21. Power
of a panchayat and neighbourhood councils to make certain general orders.— A panchayat or
a neighbourhood council may [20][by] general order to be published in the manner prescribed:—
(a)
prescribe
measures for keeping the respective village or, as the case may be, the neighbourhood
in a sanitary state;
(b)
regulate the manner
of sweeping of streets, cleaning of drains and collection, removal and disposal
of manure;
(c)
prescribe
measures to remove and prevent epidemics including immunization against
diseases, and to promote public health in general;
(d)
prohibit the
use of the water of wells, ponds or other excavations suspected to be dangerous
to the public health;
(e)
regulate or
prohibit watering of cattle or bathing or washing at or near wells, ponds or
other excavations or sources reserved for drinking water;
(f)
prescribe
measures for increased plantation of trees, shrubs or other plants;
(g)
regulate or
prohibit cutting or trimming of trees, shrubs or any other plant or part of a
plant or tree;
(h)
regulate the
protection of standing crops;
(i)
regulate or
prohibit the dyeing or tanning of skins or any other undertaking or process
which adversely affects public health or environment of the village or, as the
case may be, the neighbourhood in general;
(j)
regulate or
prohibit the excavation of earth or stone or other materials within the
residential area less excavations meant to be filled by the foundation of
buildings or other structures;
(k)
regulate the
disposal of carcasses of all animals dying within the village except animals
slaughtered for consumption; and
(l)
prescribe
measures for preserving and improving aesthetics of the village or, as the case
may be, of the neighbourhood.
22. Power
of a panchayat or neighbourhood council to report delinquency on the part of local
officials.— (1)
On a complaint of any delinquency on the part of a local official in
performance of his duty made to it, the panchayat or, as the case may be, the
neighbourhood council may enquire into the matter and make a report along with
the prima-facie evidence to his superior officer, or to the respective Deputy
Commissioner.
(2) The
superior officer or the Deputy Commissioner referred to in subsection (1)
shall, after such further enquiry as may be required, take suitable action and
inform the panchayat or, as the case may be, the neighbourhood council.
(3) Nothing
in this section shall be construed as empowering the panchayat or neighbourhood
council to summon any such officials except as provided under section 17 of
this Act or to exercise control over them.
23. Power of a panchayat
or neighbourhood council to enter and inspect premises.—
(1) For the purpose of this Act, the
chairperson and Assistant or any other person authorized by a panchayat or, as
the case may be, a neighbourhood council in writing, may enter into or upon any
building or land, with or without any associate, helper or workman, to make an
inspection or survey or to execute a work.
(2) Except when it is
provided under this Act or the rules expressly, no entry referred to in
subsection (1) shall be made:
(a)
between sun-set
and sun-rise;
(b)
without sufficient
notice;
(c)
without
allowing women occupying the building or land to remove themselves to some
other part where their privacy shall not be disturbed; and
(d)
while
paying due regard to the social and religious usages of the occupants of the
premises entered.
24. Power
of a panchayat to name streets etc.— (1) A panchayat may:—
(a)
cause a name to
be given to a street by affixing it to or painting it on any building or
otherwise in such a position or manner as it may think fit;
(b)
cause a
number to be affixed to or painted on any building in such a position or manner
as it may think fit.
(2) The
panchayat may require the owner or occupier of any building to paint thereon a
number or itself cause such a number to be painted on any building.
25. Duties
of the chairpersons and members.— (1) In addition to any other duty assigned to him under this Act or
the rules, the chairperson shall perform duties as listed at Sixth Schedule.
(2) In the like manner, in addition to any
other duty assigned to him under this Act or the rules, a member shall perform
duties as listed at the Seventh Schedule.
(3) Subject
to other provisions of this Act, a chairperson or, as the case may be, a member
shall, during the performance of his duties or exercise of his powers, observe
the general policy or directions of the Government.
26. Joint works and
undertakings.— (1) A panchayat
or neighbourhood council may contribute its sums or other resources towards any
work, measure or service undertaken by another panchayat, neighbourhood council,
a local government or any other agency from which its village or, as the case may
be, the neighbourhood may be benefited.
(2) The extent of sums
or other resources to be contributed under subsection (1) shall be agreed with
the other panchayat, neighbourhood council, local government or agency having
regard to the extent of benefits derived from such joint work or undertaking.
(3) In case of any
difference on the extent of sums or other resources required, or contributed
under this section between two or more panchayats or neighbourhood councils,
the matter shall be decided by the designated officer.
(4) In case of any
difference on the extent of sums or other resources required, or contributed
under this section between a panchayat or neighbourhood council and a local
government or any other agency, the matter shall be decided by the Secretary.
Chapter
IV – Elections and Term of Office of the Chairpersons and Members
[21][27. Notification of
elections.– (1) Subject to section 10, the Election Commission shall, in
consultation with the Government and by notification, fix the date or dates for
election of the chairpersons and members of the panchayats and neighbourhood
councils.
(2) Nothing
in subsection (1) shall prohibit the Election Commission from specifying
different dates for elections for different panchayats or neighbourhood
councils or group or groups thereof.]
28. All elections under
this Act to be held by Election Commission.— (1) The superintendence, direction and control of the preparation
of electoral rolls for and conduct of all elections to the panchayats and
neighbourhood councils shall be vested in the Election Commission.
(2) As soon as a
notification is issued under section 27 of this Act, the Election Commission
shall take necessary steps for holding such election.
[22][29. Right
to cast vote.– (1) A voter whose name appears in the electoral roll of the
respective village or the neighbourhood may cast vote for the election of panchayat
or neighbourhood council.
(2) A voter, who is otherwise eligible to
vote under subsection (1), shall cast one vote for the election to the general
seats including the chairperson, and one vote for the election to the seat or
seats reserved for the women for the respective village or the neighbourhood.
(3) Where a voter, who is otherwise eligible
to vote under subsection (1), belongs to a religious minority in the respective
village or the neighbourhood and there is a seat reserved for minorities for
that village or neighbourhood, the voter may cast an additional vote for the
election to such seat.
(4) For
issuance of an additional ballot paper to a voter belonging to the religious
minority, the Election Commission shall specify mark or any other indication on
the electoral rolls for identification of such voter.]
30. Method of election.— (1) All
members including the chairperson shall be returned by the residents of the
respective [23][village or neighbourhood through] an open list election on the basis of secret ballot and adult
franchise.
(2) The entire village or, as the case may
be, the neighbourhood shall constitute one multi-member ward for the election
of the respective members including the chairperson.
(3) Any resident who is otherwise eligible
for being elected as a member in terms of section 31 of this Act may register
himself as a candidate for the election.
(4) The candidates for general seats securing
highest votes in the descending order shall stand elected one by one till all
seats earmarked for general members in the respective panchayat or, as the case
may be, the neighbourhood council under section 10 of this Act are exhausted.
(5) Out of the candidates referred to in
subsection (4), the candidate securing highest votes shall be the chairperson
of the respective panchayat or, as the case may be, the neighbourhood council.
(6) Where there is only one seat reserved
for women in a panchayat or a neighbourhood council, the candidate for such
seat securing the highest votes shall stand elected, and where there are more
than one such seats, the candidates securing the highest votes in the descending
order shall stand elected one by one till the number of seats reserved for
women in the respective panchayat or, as the case may be, the neighbourhood
council under section 10 of this Act are exhausted.
(7) The candidate for a seat reserved for
minorities securing highest votes shall stand elected.
(8) All elections under this Act shall be
held on non-party basis.
31. Qualifications
for being a candidate to election or for holding office of the chairperson or
member.— (1)
A resident shall be eligible to contest an election under this Act, if:-
(a)
he, on
the last day fixed for the filing of nomination papers for that election, is
not less than twenty-five years of age; and
(b)
his name
appears for the time being in the electoral roll of the village or, as the case
may be, the neighbourhood from where he is a candidate.
(2) Without
any prejudice to the provisions of subsection (1), no person shall be eligible
to contest an election under this Act or to hold the office of the chairperson
or a member if:-
(a)
he is
not a resident or ceases to be a resident of the respective village or, as the
case may be, the neighbourhood;
(b)
he has
been, on conviction for an offence involving moral turpitude, sentenced to
imprisonment for a term exceeding six months, unless seven years have elapsed
from the date of expiry of the period of that sentence;
(c)
he has
been ordered to give security for good conduct under section 562 of the Code of
Criminal Procedure, 1898 (V of 1898), or is registered as a habitual offender
or a proclaimed offender under section 45(2)(ii) of the Code of Criminal
Procedure, 1898;
(d)
he has
been convicted of an offence related to conduct of elections under this Act or
any other law for the time being in force;
(e)
he has
been guilty of a corrupt practice or has been held to be corrupt;
(f)
he has
obtained a loan for an amount of ten hundred thousand rupees or more, from any
bank, financial institution, cooperative society or cooperative body in his own
name or in the name of his spouse or any of his dependents, which stands unpaid
for more than one year from the due date, or has had such loan written off
unlawfully;
(g)
he, his
spouse or any of his dependents has not paid any tax, fee or any other charge
payable to the Government, a local government, panchayat or neighbourhood
council or any amount exceeding ten thousand rupees due upon him, his spouse or
any of his dependant for the use of any service such as telephone, electricity,
gas and water for over six months;
(h)
he is,
or becomes a lessee, tenant, contractor or share holder
in any property of the respective village or, as the case may be, the
respective neighbourhood or is in illegal or unauthorized possession of such
property;
(i)
he is
under contract for work to be done or goods to be supplied to the respective
panchayat or, as the case may be, the neighbourhood council, or has otherwise
any pecuniary interest in its affairs;
(j)
he is in
or enters into the service of Pakistan, or any statutory body or other body
which is set up, or owned or controlled by the Government, or a local
government in Pakistan, or in which the Government or a local government has
controlling share or interest, or he is or becomes a salaried official of a
public or statutory corporation;
(k)
he has
been dismissed, discharged or compulsory retired from the service of Pakistan,
or the service of a local government or a public or statutory corporation on
the charge of misconduct or a corrupt practice; and
(l)
he is or
becomes disqualified for the membership of Parliament or a Provincial Assembly
under any law for the time being in force.
(3) Where
a person contesting an election under this Act claims to be a Muslim, he shall
submit to the Returning Officer a declaration given in the Eighth Schedule
along with his nomination papers for the election.
32. Minimum period for safe
custody of certain election record.— All record indicating the number of votes secured by contesting
candidates in an election under this Act shall be safely kept for a minimum of
six years commencing from the date on which it was conducted.
33. Bar against holding more
than one political offices.— (1) No chairperson or member shall, at the same time, hold any
office in a local government or shall be a member of the Parliament or a
Provincial Assembly.
(2) Any chairperson or
member who is desirous of contesting an election for any office of a local
government, the Parliament or a Provincial Assembly shall first resign from his
office.
34. Oath of office of
the chairpersons and members.— After
having been elected and before entering upon the duties of his office, every chairperson
and member shall, in a general meeting of the common assembly, respectively take
an oath as given at the Ninth and the Tenth Schedule before the designated
officer.
35. Term of office of the
chairpersons and members.— Unless otherwise removed under section 70 of this Act, the term of
office of every member and chairperson shall co-terminate with the term of the
panchayat and neighbourhood council.
36. Resignation
by a chairperson or member.— (1) A chairperson or member may resign from his office by writing
under his hand addressed to the respective designated officer.
(2) Every resignation
shall take effect forthwith and the respective office shall become vacant
immediately.
37. Filling of casual
vacancies in panchayats and neighbourhood councils.—(1) Where the office of the chairperson falls vacant due to his
death, resignation, removal or for any other reason, the general councillor
securing highest votes after the votes secured by the chairperson shall stand
elected.
(2) Where the office of
a general member, other than the chairperson falls vacant due to his death,
resignation, removal or for any other reason, the candidate securing highest
votes from amongst the unsuccessful candidates for general seats in the last
general election shall stand elected.
(3) Where
the office of member to a seat reserved for women or religious minorities falls vacant due to his death, resignation,
removal or for any other reason, the candidate securing highest votes from
amongst the unsuccessful candidates for that seat shall stand elected.
(4) A
person appointed a member under subsections (1), (2) and (3) shall hold office
for the remainder of the term of office of the member to whom he replaces.
Chapter
V – Funds of Panchayat and Neighbourhood Councils and their Application
38. Local
fund of villages and neighbourhoods.— (1) There shall be a fund, to be called the local fund, vested in every
panchayat and neighbourhood council to pay for its expenses for the purpose of this
Act.
(2) All
moneys in the local fund shall be held by the respective panchayat or, as the
case may be, the neighbourhood council as a trust for all the residents of that
village or, as the case may be, neighbourhood.
39. Sources
of local fund.— Without any prejudice to the provisions of section 38 of this Act,
the following moneys shall be credited to the local fund:—
(a)
all grants from
the Government or a local government;
(b)
all fees, fines
and other moneys received by or on behalf of the panchayat or, as the case may
be, the neighbourhood council under this Act, or otherwise;
(c)
rents and
profits accruing from the property of the panchayat or, as the case may be, the
neighbourhood council;
(d)
incomes from
investments made from the local fund;
(e)
proceeds from
any other sources of income placed by the Government at the disposal of the
panchayat or, as the case may be, the neighbourhood council; and
(f)
all donations
from any other sources.
(2) The Government grants to a village or a neighbourhood
under subsection (1) shall in no case be less than the amount which the Local
Government Finance Commission may fix for that village or neighbourhood in
accordance with the formulae for transfer of provincial allocable resources to the
local government in whose local area it is situated.
Explanation: For
the purpose of this section, the term formulae shall mean the formulae for
transfer of provincial allocable resources determined under the Punjab Local
Government Act, 2019 or any other law for the time being in force.
40. Proceeds from local
rate to be part of local fund of a village.— In addition to the sources referred to in section 39 of this Act,
such part of the proceeds of land revenue assessed against the lands comprising
a village as the Government may from time to time determine, to be called the
local rate, shall be credited to the local fund of that village.
41. Custody of local fund.— (1) All moneys credited to a local fund shall, if not otherwise applied
or invested in accordance with the provisions of sections 42 and 43 of this
Act, be kept in the State Bank, a treasury, a post office or such bank or banks
as may be appointed by the Government, from time to time, for this purpose.
(2) All interests,
profits, dividends or other sums received in respect of such custody of a local
fund shall, immediately, after receipt or becoming due, accrue to it.
42. Legal basis for application of local fund.— (1) Subject to other provisions of this Act, no expenditure shall
be incurred by or on behalf of a panchayat or neighbourhood council from its
local fund unless it is:
(a)
previously
authorized in accordance with the estimates of receipts and expenditure
approved under section 45 of this Act; or
(b)
previously
authorized in accordance with the estimates of receipts and expenditure
certified by the designated officer under section 46 of this Act; or
(c)
under an
order of the Government; or
(d)
necessarily
incurred in circumstances of emergency in relation to a duty of a panchayat or,
as the case may be, a neighbourhood council under Fourth and Fifth Schedule of
this Act.
(2) All
expenditures incurred by or on behalf of a panchayat or a neighbourhood council
in the circumstances of emergency shall, as soon as may reasonably be possible,
brought to the notice of the common assembly.
(3) A
consolidated account of all moneys received in and expenditures incurred from
the local fund during each financial year shall be presented to the common
assembly under section 5 of this Act.
43. Matters
in respect of which moneys from local fund may be applied.—
(1) Having due regards to the
provisions of section 42 of this Act, the local fund shall not be applied to any
purpose other than for the payment in whole or in part, of the charges and
expenses incidental to the several matters specified in the Fourth Schedule or,
as the case may be, the Fifth Schedule and also to the following matters,
namely:
(a)
performance of any
functions entrusted to the panchayat or, as the case may be, the neighbourhood
council under sections 17, 18 and 26 of this Act;
(b)
expenses
required for the audit of local fund and accounts of the panchayat or, as the
case may be, the neighbourhood council;
(c)
cost of
acquisition of any land or other property, whether movable or immovable under
section 19 of this Act;
(d)
expenses in
respect of such portion of the cost of provision of a public service as may be
held by the Government to be equitably debatable to the panchayat or, as the
case may be, the neighbourhood council in return for the services rendered to it
by the agency providing that public service;
(e)
grants-in-aid
to the educational, public health or any other public institution within the limits
of the village, or as the case may be, the neighbourhood;
(f)
charges and
expenses incurred outside the village or neighbourhood when such application of
funds is, in the opinion of the panchayat or, as the case may be, the
neighbourhood council, for the benefit of the village or neighbourhood;
(g)
any
other expense or charge which the Government may at any time, on the
recommendation of a panchayat, or neighbourhood council, or otherwise declare
to be a fit and proper charge on the local fund.
(2) Except with the previous sanction of the
Government, the actual cash balance of a local fund, excluding any investments,
suspend balance of grants of all kinds and receipts, shall not be permitted at
any time to fall below an amount equal to ten per centum of the income of the
panchayat or, as the case may be, the neighbourhood council during the previous
financial year.
44. Investment of surplus moneys in
local fund.— (1) A panchayat
or, as the case may be, a neighbourhood council may,
with the written permission of the designated officer, invest for profitable
purposes any sums in its local fund which cannot immediately or at an early
date be applied to the purposes of this Act.—
(a) in government securities;
(b) with a deposit-taking institution authorized by
the Government; or
(c) in any other manner prescribed by the Government
either generally or specifically to be an authorized manner of investment for
the purpose of this section.
(2) All
incomes, profits, dividends or other sums resulting from an investment made
under subsection (1) shall, as soon as may be, after receipt or becoming due,
accrue to the local fund.
45. Preparation and approval of
estimate of receipts and expenditure.— (1) By third week of March each financial year, every chairperson
shall:—
(a)
prepare
a draft estimate of receipts and expenditure of the respective village or, as
the case may be, the neighbourhood for the next following financial year;
(b)
place
the draft estimate of receipts and expenditure for information of all residents
on the notice board of the panchayat or, as the case may be, neighbourhood
council; and
(c)
not less
than fifteen days after placing of the draft estimate of receipts and
expenditure on the notice board, present it before the panchayat or, as the
case may be, the neighbourhood council.
(2) The
panchayat or, as the case may be, the neighbourhood council may, at a public
meeting and with a simple majority of vote of all members, for the time being
holding office:
(a)
revise
the draft estimate of receipts and expenditure in such manner as they consider appropriate;
(b)
approve
the estimate of receipts and expenditure before commencement of the next
following financial year;
(c)
authorize
expenditure for the next financial year included in the estimates; and
(d)
fix for the
next following financial year the rates or fees and other charges to be levied
by or on behalf of the village or, as the case may be, the neighbourhood under
this Act.
(3) Where
in view of the chairperson, the revision of estimate of receipts and
expenditure under clause (a) of subsection (2) above is not in accordance with
the provisions of this Act or is otherwise inappropriate, he may, present the
estimate, with or without any revision, before the panchayat or, as the case
may be, the neighbourhood council again.
(4) The
panchayat or, as the case may be, the neighbourhood council may, at a public
meeting, approve the estimate of receipt and expenditure presented before it
under subsection (3) as such or revise or reject it with a two-third majority
of vote of all members, for the time being holding office.
(5) An
estimate of receipts and expenditure which is not revised or rejected under
subsection (4) with two-third majority, shall be deemed to be the approved
estimate of receipts and expenditure of the panchayat or, as the case may be,
the neighbourhood council for the following financial year.
(6) If,
for any reason, the estimate of receipt and expenditure is not approved before
the commencement of the financial year to which it pertains, the expenditures
of the panchayat or, as the case may be, the neighbourhood council, on various
categories of expense, for that financial year shall be made in accordance with
the approved estimates for the preceding financial year on pro rata basis till such time the estimate is approved under this
section or an order for this purpose is issued by the designated officer under
section 46 of this Act, whichever is earlier.
46. Designated
officer to approve estimate of receipts and expenditure where panchayat or
neighbourhood council fails to do so.— (1)
In case the estimate of receipts and expenditures of a panchayat or a
neighbourhood council is not approved under section 45 of this Act within
thirty days of the commencement of the financial year to which it pertains, the
designated officer may, after due notice to the chairperson and having regards
to the needs of the village or, as the case may be, the neighbourhood cause such
estimate to be prepared on his own and may also certify it.
(2) The
estimate certified under subsection (1) of this section shall be deemed to be
the approved estimate of receipts and expenditure of the panchayat or, as the
case may be, the neighbourhood council for that financial year.
47. Fees
and rates which may be levied by panchayats and neighbourhood councils.— (1) Subject to the
general directions and control of the Government, a panchayat or a
neighbourhood council may levy following rates and fees:—
(a)
tolls on persons, vehicles or animals or any
class of them at any toll-bar established by it on any road or ferry vested in
or under its management;
(b) a sanitation rate,
where arrangements for street sweeping, drainage, sewerage or other sanitary
measures are made by the panchayat or, as the case may be, the neighbourhood
council;
(c) a water rate,
where arrangements for supply of water for drinking, irrigation or any other
purposes is made by the panchayat or, as the case may be, the neighbourhood
council;
(d) a lighting rate,
where arrangements for lighting of public streets and places is made by the
panchayat or, as the case may be, the neighbourhood council;
(e) fee for holding
fairs at pilgrimages and fairs within the limits or the village or, as the case
may be, the neighbourhood;
(f) any other rate,
fee or levy approved by the Government on the request of a panchayat or
neighbourhood council, or as otherwise considered appropriate;
(2) The
scales of tolls, fees or rates, procedure and the terms and conditions for the
imposition thereof shall be such as may be provided by bye-laws.
48. Accounts of panchayat and neighbourhood
councils.— Accounts of the receipts and expenditure of
every panchayat and neighbourhood council shall be kept in such form and manner
as may be prescribed.
49. Audit
of accounts of panchayat and neighbourhood councils.— (1) The
accounts of every panchayat and neighbourhood council shall be audited by the
Director Local Fund Audit annually or as and when so directed by the Secretary.
(2) A
copy of report on every audit carried out under subsection (1) shall be
submitted to the relevant chairperson as well as the relevant designated
officer.
(3) The
chairperson receiving audit report under subsection (2) shall remedy the
defects or irregularities pointed out therein within
three months and submit a report to the relevant designated officer.
(4) Where a report on remedying of defects
and irregularities as required under subsection (3) is not submitted to the
designated officer, he shall report this matter to the Secretary.
Chapter
VI – Superintendence and Control
50. Liability
of chairperson and members towards the village and neighbourhood.— Every chairperson and member shall be liable to residents of the respective
village or, as the case may be, neighbourhood for the loss, waste or
misapplication of any money or other property belonging to it if such loss,
waste or misapplication as a consequence of his neglect or misconduct while
being the such chairperson or member.
51. Every
chairperson and member to be a public servant.— Every chairperson and member shall be deemed to be a public
servant within the meanings of section 21 of the Pakistan Penal Code, (Act XLV of
1860).
52. Every
chairperson and member to declare assets.— (1) Every chairperson and member shall, after taking oath under
section 34 of this Act, make and submit a declaration as to his assets to the
designated officer in the form set out in the Eleventh Schedule or such other
form as the Government may from time to time prescribe.
(2) The
designated officer shall notify the fact of assumption of office by a chairperson
or member after having satisfied himself that the declaration referred to in
subsection (1) above have been appropriately made.
(3) In the like manner, every chairperson
and member shall, declare his assets to the designated officer each subsequent
year of his office by a date appointed by the Government.
53. Chairperson
to submit copy of every resolution and order to the designated officer.— A copy of every
resolution and order passed by a panchayat and neighbourhood council shall
forthwith be submitted by the chairperson to the relevant designated officer.
54. Access
to and seizure of record of panchayats and neighbourhood councils.— (1) The
designated officer, or any other officer to whom the Government may empower in
this behalf, may require a chairperson to produce before him any books,
proceedings and records of the panchayat or, as the case may be, neighbourhood
council at such reasonable date and place as he may appoint.
(2) Every
chairperson shall, at all reasonable times, permit the designated officer or the
other officer referred to in subsection (1) to have full access to and inspect all
of its books, proceedings and records and to enter upon and inspect any
immovable property occupied by it, or any work undertaken by it or undertaken
upon its orders.
(3) The
designated officer or other officer referred to in subsection (1) may, for the
purpose of this Act, make copies of or seize any of the books, proceedings and
records produced before him or accessed by him under this section.
55. Power
to inquire into affairs of a panchayat or neighbourhood council.—(1) The Government may at any time cause an inquiry to be made by
any of its officer into the affairs of a panchayat or neighbourhood council in
regard to any matter concerning it or in regard to any matter with respect to
which sanction, approval, consent or order of the Government is required by or
under this Act.
(2) The officer holding an inquiry under
subsection (1) shall have the powers of a Civil Court under the Code of Civil
Procedure, 1908 (VI of 1908), to take evidence and to compel the attendance of
witnesses and production of documents for the purposes of inquiry.
56. Power
to suspend, modify or rescind a resolution or other action of a panchayat or
neighbourhood council.— (1) The designated officer may, after giving the chairperson an
opportunity of offering explanation, suspend the execution of any resolution or
order of a panchayat or a neighbourhood council or prohibit the doing of any act
which is about to be done or is being done by it, which in his opinion is:
(a)
not in
accordance with this Act or any other law for the time being in force, or any
rules, regulations or bye-laws passed under it;
(b)
not passed or
being undertaken in accordance with this Act or any other law for the time
being in force, or rules, regulations or bye-laws passed under it;
(c)
likely to
result in waste of local fund, or damage to its property;
(d)
likely to cause
danger to human life, health or safety or lead to breach of public peace and
good order, a riot or affray; or
(e)
is otherwise
not in the public interest.
(2) The designated officer shall forthwith
send to the Secretary a copy of his order under subsection (1) with a statement
of reasons for making it, and with such explanations as the panchayat or the
neighbourhood council may have offered.
(3) On receipt of an order under subsection
(2), the Secretary may, having regards to the appertaining circumstances, confirm,
modify or rescind it or, as the case may be, modify or rescind the resolution
or other action of the panchayat or neighbourhood council.
57. Removal
of a chairperson by panchayat or neighbourhood council through vote of
no-confidence.— (1) An
application stating intention to move a motion of no-confidence against the chairperson
shall be made to the relevant designated officer by not less than one-third of
the total members of the respective panchayat or, as the case may be, the
neighbourhood council.
(2) Having due regards to the provisions of
subsection (5), the designated officer shall, within fifteen days of the
receipt of the application referred to in subsection (1), convene and preside
over a meeting of the panchayat or, as the case may be, the neighbourhood
council by giving seven clear days in notice, for taking decision on the
no-confidence motion.
(3) A no-confidence motion will be carried
by not less than three-fourth majority of all the members for the time being
holding office.
(4) Where a no-confidence motion is carried,
the successor chairperson shall be appointed in accordance with section 37 of
this Act.
(5) No application referred to in subsection
(1) shall be made by members or accepted or acted upon by a designated officer
if:
(a)
a period of not
less than two years has lapsed from the date on which the chairperson has
entered his office;
(b)
a period of six
months or less is left in the term of the panchayat or, as the case may be, the
neighbourhood council; and
(c)
a
period of not less than six months has lapsed from the date of previous
non-confidence motion, if any, [24][was
rejected].
58. Code of conduct for chairpersons, members
and designated officers.— (1) As soon as
may be, but not later than six months of the commencement of this Act, the
Government shall prescribe a code of conduct for the chairpersons, members and
designated officers.
(2) In
addition to any other matter considered appropriate by the Government, the code
of conduct shall address the following matters, namely:—
(a)
standards
for ethical conduct of chairpersons, members and designated officers; and
(b)
procedures for
resolution of disputes between chairpersons and members.
(3) The
relevant designated officer shall cause a copy of the code of conduct to be
made available to the public for inspection at the office of every panchayat
and neighbourhood council during usual office hours.
59. Misconduct
by a chairperson or member.— For the purpose of this Act, a chairperson or a member shall be guilty of
misconduct if he violates any provision of the code of conduct prescribed under
section 58 of this Act or involves in any one or more derelictions listed in the
Twelfth Schedule.
60. Cognizance of
misconduct etc by a chairperson or member.— (1) The relevant
designated officer or any resident may make a written complaint before the
Board where, in his opinion, a chairperson or member is guilty of misconduct.
(2) In the like manner,
the relevant designated officer or any resident may make a written complaint
before the Board where, in his opinion, a chairperson or member:
(a)
has become
incapable of acting due to bad health or for unsoundness of mind;
(b)
has been declared as an undischarged solvent by a competent court;
(c)
his continuance
in office is undesirable in the interests of the public or of the panchayat or,
as the case may be, the neighbourhood council; or
(d)
he is a whole-time
salaried servant of the Government, a local government or the Federal
Government
(2) The
Board shall, after due notice and inquiry, submit a report to the Secretary
giving clear findings as to whether the chairperson or, as the case may be, the
member is guilty or misconduct or one or more of other assertions referred to
in subsection (2) against him are proved, and whether he shall be removed from
office on this account.
61. Removal of a chairperson
or member on the recommendation of Board.—(1) On receipt of the report of the Board under section 60 of this
Act, the Secretary may, after giving him an opportunity of offering explanation,
remove a chairperson or member who, in view of the Board is guilty of misconduct,
or against whom one or more of the other assertions referred to in subsection
(2) of section 58 of this Act have been proved.
(2) No chairperson or member who has been
removed under subsection (1) shall be eligible for re-election for the next
five years.
(3) On the removal of a chairperson, all of
his powers and duties shall vest with the officer appointed under section 81 of
this Act.
[25][(4) *************************************************]
62. Suspension and
reinstatement of a chairperson or member.—(1) The Secretary may, after giving him an opportunity of offering
explanation, suspend a chairperson or member for a specific period, who, in his
view is:—
(a)
involved in an
act that results in wrongful gain to himself or to any other person;
(b)
exercising
powers or authority vested in him under this Act or any other law for the time
being in force or fails to or refuses to exercise such powers or authority, for
corrupt, unlawful or improper motives;
(c)
corrupt
or involves himself in a corrupt practice within the meaning of clause (h) and
(i) of section 2 of this Act or under any other law for the time being in
force;
(d)
knowingly
violating any provision of this Act or lawful directions or orders of the
Government; and
(e)
generally acting
in a manner which is prejudicial to the public interest.
(2) Immediately
after making an order under subsection (1), the Secretary shall refer a case to
the Board for a report clearly mentioning one or more charges and the related
evidence against which such order was made.
(3) The Board shall, after due notice and
inquiry, submit the report giving clear findings as to whether the charge or
charges referred to in subsection (2) are proved against the chairperson or, as
the case may be, the member, and whether he shall be removed from office on
this account.
(4) The
Secretary shall forthwith reinstate the chairperson or member suspended under
subsection (1) if he is found not guilty of the charges after an inquiry under
subsection (3).
63. Suspension of a panchayat
or neighbourhood council.— (1) Where on
the basis of a report of the Board laid before him, the Minister is of the view
that one or more of the grounds listed at the Thirteenth Schedule have
continued to exist despite service of two notices upon its chairperson with an
interval of not less than thirty days, that panchayat or, as the case may be,
neighbourhood council shall, by a notification in the official gazette, be suspended
for a period of not more than six months.
(2) Immediately upon the suspension of a
panchayat or neighbourhood council under subsection (1):—
(a)
all of its
members, including the chairperson, shall vacate their offices; and
(b)
all of its
powers and duties, funds and other property shall rest with the officer
appointed under section 81 of this Act.
(3) Where on a submission of the chairperson
of a panchayat or neighbourhood council suspended under subsection (1), the
Minister is satisfied that sufficient measures have been undertaken or will be
undertaken by him to improve performance, prevent misuse of authority and ensure
compliance with the directions under this Act, the panchayat or, as the case
may be, the neighbourhood council may be reinstated.
64. Dissolution
of a panchayat or neighbourhood council.— (1) Where, on a report of the Board, the Minister is of the view
that a panchayat or neighbourhood council has attracted one or more grounds of suspension
as mentioned in section 63 of this Act, and at least one of such grounds is the
same for which it was previously suspended, it shall be dissolved by a
notification in the official gazette.
(2) Immediately
upon the dissolution of a panchayat or neighbourhood council
under subsection (1):—
(a)
all of its
members, including the chairperson, shall vacate their offices; and
(b)
all of
its powers and duties, funds and other property shall rest with the officer
appointed under section 81 of this Act.
(3) Within
three months of its dissolution, the [26][Election Commission] shall, having regards to the
provisions of section 37 of this Act, call for fresh election of the panchayat
or, as the case may be, neighbourhood council.
[27][64A. Election
Commission to notify election etc.– (1) The Election Commission shall notify every election or vacancy
occurred due to death, resignation, disqualification, and removal of a
chairperson or member.
(2) A designated officer shall, in the
prescribed manner, immediately inform the Election Commission of occurrence of
vacancy and the Election Commission shall, within fifteen days from such
information, issue the notification of vacancy and consequential election of
chairperson or member.]
Chapter
VII – Local Boards
65. Constitution
of Local Boards and their place of sitting.— (1) As soon
as may be, but not later than six months after the commencement of this Act,
the Government shall, by notification in the official Gazette, establish as
many Local Boards as it considers necessary for the purpose of:-
(a) inquiring into allegations of misconduct against a chairperson
or member under this Act; and
(b) reporting as to
whether one or more grounds listed at the thirteenth Schedule exist which may
render a panchayat or, as the case may be, a neighbourhood council liable for
suspension or dissolution under section 64 of this Act.
(2) Where the Government establishes more
than one Boards, it shall specify the territorial limits within which, or the
class of cases in respect of which, each one of them shall exercise
jurisdiction under this Act.
(3) The terms and conditions
of service of the Chairperson and members of the Board shall be such as may be
prescribed.
(4) A Board may hold its sittings at such
places within its territorial jurisdiction as the Chairperson may decide.
66. Composition and quorum of Local Boards.— (1) Every Board shall consist of a Chairperson who is, or has been, or is
qualified for appointment as a District Judge, to be appointed after
consultation with the Chief Justice of the High Court and two members to be
appointed by the Government
having such appropriate professional
qualifications and experience in the relevant area as may be prescribed.
(2) For every sitting of the Board, the
presence of the Chairperson and not less than one member shall be necessary.
67. Decisions of Local Board how expressed.— (1) Every decision of the Board shall be expressed in terms
of the opinion of the majority, or if the case has been decided by the
Chairperson and only one of the members and there is a difference of opinion
between them, the decision of the Board shall be expressed in terms of the opinion
of the Chairperson.
(2) A Board shall not, merely by reason of a
change in its composition, or the absence of any member from any sitting, be
bound to recall and rehear any witness who has given evidence, and may act on
the evidence already recorded by, or produced, before it.
68. Act or proceedings of a Board not to be
invalid for existence of vacancy etc.— No act
or proceeding of a Board shall be invalid by reason only of the existence of
vacancy in, or defect in its constitution.
69. Time limit for decision of cases.— The Government may, after taking views
from the Board, fix maximum period for conclusion of inquiries under this Act,
which shall, in no case, exceed three months.
70. Removal of chairperson and members on
ground of inefficiency or misconduct.— The Government may remove a Chairperson
or other member of a Board on ground of inefficiency, delay in decision of
cases within limits set by this Act or misconduct.
Chapter
VIII– Offences, Penalties and Compensations
71. Penalty
for disobedience of an order of panchayat or neighbourhood council to remove
obstruction or refrain from causing public inconvenience.— A person who, without sufficient cause, does not act or undertakes the
work as required of him in a notice served upon him under section 20 of this
Act within the period specified therein, shall be guilty of an offence
punishable with a fine which may extend to fifty thousand rupees and if such
offence continues, with a further fine which may extend to one thousand rupees
for every day after the first during which the offence continues.
72. Penalty
for disregard or disobedience of a general order of panchayat or neighbourhood
council.— A person who,
without sufficient cause, disregards or disobeys a general order of a panchayat
or, as the case may be, neighbourhood council passed under section 21 of this
Act, shall be guilty of an offence punishable with a fine which may extend to
twenty-five thousand rupees and if such offence continues, with a further fine
which may extend to five hundred rupees for every day after the first during
which the offence continues.
73. Penalty
for destroying etc. of name plate of street etc.— A person who, without permission, destroys, pulls down, defaces or
alters any name plate of a street or number affixed to or painted on a building
under section 24 of this Act, or affixes to or paints on a building a different
name or number from that affixed or painted by or under the order of the panchayat,
shall be guilty of an offence punishable with a fine which may extend to five
thousand rupees.
74. Penalty
for wilfully obstructing a panchayat or neighbourhood council or its employees
etc.— Any
person who wilfully obstructs a panchayat or, as the case may be, neighbourhood
council, its employee or any person authorized by it, in exercise of the powers
conferred by this Act, shall be guilty of an offence punishable with fine which
may extend to ten thousand rupees.
75. Penalty
for disobedience of other direction or prohibition of a panchayat or neighbourhood.—
Whoever disobeys any lawful
direction or prohibition given by a panchayat or neighbourhood council by a
written notice under any power conferred by this Act or the rules made under
it, or fails to comply with any condition subject to which any permission was
given by the panchayat or neighbourhood council under any power so conferred,
shall, if the disobedience or omission is not an offence punishable under any
other provision of this Act, be punished with a fine which may extend to three
thousand rupees and, in case of continuing breach, with a further fine which
may extend to five hundred rupees for every day during which the breach is
continued after conviction for the first such breach, so, however, that it does
not exceed in the aggregate five thousand rupees.
76. Penalty
for infringement of bye-laws of a panchayat or neighbourhood council.— In making any by-law, a panchayat or, as the case may be,
neighbourhood council may direct that a breach of the same shall be punishable
with fine which may extend to five thousand rupees and in the case of a
continuing breach, with a further fine which may extend to five hundred rupees
for every day during which the breach is continued after conviction for the
first such breach, so, however, that it does not exceed in the aggregate ten
thousand rupees.
77. Imprisonment
for default of payment of penalties.— Where a person against whom a fine has
been imposed for an offence under this Act fails to pay such fine, he shall be
guilty of an offence punishable with a simple imprisonment of not exceeding
thirty days.
78. Compensation
for any damage to panchayat or neighbourhood council.— Every person convicted of an offence under this Act on account of
any act or omission, shall, notwithstanding any punishment to which he may have
been sentenced for such offence, pay compensation, the amount of which shall be
determined by the Municipal Magistrate before whom he was so convicted, to the panchayat
or neighbourhood council for any damage that may have occurred to any of its
property in consequence of such an act or omission.
79. Cognizance
of offences under this Act.— (1) All offences under this Act shall be tried by the relevant Municipal
Magistrate.
(2) No Municipal Magistrate shall take
cognizance of an offence under this Act or any rule or bye-law made thereunder,
unless he receives a complaint in writing from the respective panchayat or neighbourhood
council or a person so authorized by it.
80. Appointment
of Municipal Magistrates.— The Government may, on the recommendation of the High Court, appoint one
or more Special Judicial Magistrates under section 14 of the Code of Criminal
Procedure, 1898 (Act V of 1898), to be called the Municipal Magistrates, for
cognizance of offences under this Act.
Chapter
IX – Miscellaneous
81. Appointment
of designated officer.— (1) The Government may, appoint one or
more of its officers as designated officers for the purpose of this Act.
(2) Where
the Government appoints more than one designated officers, it shall specify the
territorial limits within which, or the class of cases in respect of which,
each one of them shall exercise jurisdiction under this Act.
82. Appeal
against an order of panchayat or neighbourhood council.— Any person aggrieved by an order or notice of a panchayat or, as
the case may be, neighbourhood council, may within thirty days of the receipt
of such order or notice, prefer an appeal to the relevant designated officer.
83. Representation
against orders of a designated officer.— Any person, panchayat or neighbourhood council, aggrieved by an
order of the designated officer, including an order under section 82 of this
Act, may, within thirty days of the receipt of such order, make a
representation to the Secretary.
(2) The decision of the Secretary as regards
to the matter of the representation shall be final and shall not be liable to
be questioned in any court of law.
84. Power of the Government to appoint any of
its officer as administrator pending fresh elections.— The Government shall, on the suspension or dissolution of a
panchayat or neighbourhood council, or on the suspension or removal of a chairperson,
and pending the constitution of a new panchayat or, as the case may be,
neighbourhood council by way of elections under this Act, appoint any of its
officers to perform such duties and exercise such powers of that panchayat or
neighbourhood council as it may specify.
85. Fresh
elections not to be called where the remaining term in office of a panchayat or
neighbourhood council is less than six months.— Where, at the time of its dissolution under section 64 of this Act,
or occurrence of vacancy in the office of the chairperson due to his death,
resignation, removal or for any other reason, the remaining term in office of
the panchayat or, as the case may be , the neighbourhood council is less than
one hundred and twenty days, fresh elections shall not be called by the
Government and the officer referred to in section 81 of this Act shall continue
to exercise powers and perform duties and functions of the panchayat,
neighbourhood council or, as the case may be, the chairperson and the funds and
properties of the panchayat or, as the case may be, neighbourhood council shall
continue to vest in him till an elected council resumes office under a general
election under section 27 of this Act.
86. Resolution
of disputes inter se panchayats and neighbourhood councils or with a local
government and other agency.— (1) Where a dispute arises between two or more panchayats or neighbourhood
councils, either of the panchayat or neighbourhood council may refer it to the
relevant designated officer for decision.
(2). Where a dispute arises between a panchayat
or neighbourhood council with a local government, either of the two may refer
it to the Secretary for decision.
87. Panchayat and
neighbourhood council staff.— (1) The number and nature of employees of
a panchayat and neighbourhood council shall be such as the Government may, from time to time, determine.
(2) Notwithstanding anything to the contrary
contained in any law for the time being in force, all employees referred to in
subsection (1) shall be liable to termination at a notice of thirty days and
ineligible for regular employment and associated benefits including promotion,
pension and gratuity.
[28][88. Protection
of action in good faith.– No suit,
prosecution, or other legal proceedings shall lie against a panchayat, a
neighbourhood council, the Government or any of their officers or employees in
respect of anything which is done in good faith or is intended to be done or
purported to be done under this Act or any rule or bye-law made under this Act.]
[29][89. Recovery of dues as arears of land revenue.–
On an application of a panchayat or neighbourhood council, the collector of the
district concerned shall recover any sums owed to the panchayat or
neighbourhood council under this Act as if the sums due are arrears of land
revenue under the Punjab Land Revenue Act, 1967 (XVII of 1967).]
90. Power
to make rules.— (1) The
Government may make any rules consistent with this Act to carry out the
purposes thereof and may also provide that the breach of any such rules shall
be punishable with a fine which may extend to fifty thousand rupees.
(2) In particular and without prejudice to
the generality of the foregoing power, the Government may make rules—
(a)
with reference
to all matters in respect of which rules are expressly required or allowed by
his Act to be prescribed ;
(b)
regulating the
filling of casual and permanent vacancies in a panchayat or neighbourhood
council and the appointment, suspension, and removal of chairpersons and
members of panchayat and neighbourhood councils;
(c)
regulating the
election, suspension or removal of a chairperson of panchayat and neighbourhood
council;
(d)
regulating the
functions and powers of the chairperson of panchayat and neighbourhood council;
(e)
regulating the
exercise by a panchayat and neighbourhood council of any of its powers under
this Act and in particular its power to sue and to acquire, hold or transfer
property and to enter into contracts;
(f)
regulating the
assessment and collection of taxes, appeals against assessments and collection
of taxes and the custody and proper maintenance of the panchayat and
neighbourhood council funds;
(g)
regulating the
custody and proper maintenance of accounts, records and registers by panchayats
and neighbourhood councils;
(h)
authorizing and
regulating the manner in which and the agency by whom the records, register accounts
and other proceedings of a panchayat or neighbourhood council should be
inspected; and
(i)
prescribing the
qualifications of voters, chairpersons and members of panchayat and
neighbourhood councils.
91. Panchayats
and neighbourhood councils to promulgate bye-laws.— (1) Every panchayat and neighbourhood council may, having due
regards to the provisions of this Act and the rules made thereunder, make [30][bye-laws] to carry out the purpose of this Act in so far as it relates to
its functions, powers and duties.
(2) The
bye-laws made under subsection (1) shall not have effect unless these are declared
to be compliant with the provisions of this Act and the rules made there under
and are published in such manner as may be prescribed.
92. Government
may prescribe model bye-laws.— The Government may, having due regards to the provisions of this
Act and the rules made thereunder, prescribe model bye-laws for adoption by panchayats
and neighbourhood councils.
93. Removal
of difficulties.— The Government may, by order, provide for the removal of any
difficulty which may arise in giving effect to the provisions of this Act.
94. Act
to override other laws.— The provisions of this Act shall have effect notwithstanding
anything contained in any other law for the time being in force.
First
Schedule
(See section 3)
Population
and Number of Neighbourhoods in Various Cities and Towns
Serial |
Urban local government and, or local area
population as per last available
census |
Population of a neighbourhood as per last
available consensus |
[31][Number of neighbourhoods] |
[32][1. |
Metropolitan Corporation, Lahore |
Between fifteen thousand and twenty-two thousand |
475] |
2. |
Metropolitan Corporation, Faisalabad |
Between fifteen thousand and twenty-two thousand |
165 |
[33][3. |
Metropolitan Corporation, Gujranwala |
Between fifteen thousand and twenty two thousand |
115] |
[34][3A. |
Metropolitan Corporation, Rawalpindi |
Between fifteen thousand and twenty two thousand |
105] |
[35][4. |
Metropolitan Corporation, Multan |
Between fifteen thousand and twenty two thousand |
105] |
5. |
Between eight hundred thousand and nine hundred
thousand. |
Between fifteen thousand and twenty-two thousand |
45 |
6. |
Between seven hundred thousand and eight hundred
thousand |
Between fifteen thousand and twenty-two thousand |
40 |
7. |
Between six hundred thousand and seven hundred
thousand |
Between fifteen thousand and twenty thousand |
35 |
8. |
Between five hundred thousand and six hundred
thousand |
Between fifteen thousand and twenty-two thousand |
30 |
9. |
Between four hundred thousand and five hundred
thousand |
Between fifteen thousand and twenty thousand |
25 |
10. |
Between three hundred thousand and four hundred
thousand |
Between fifteen thousand and twenty thousand |
20 |
11. |
Between two hundred thousand and three hundred
thousand |
Between tweleve thousand
and twenty thousand |
15 |
12. |
Between one hundred thousand and two hundred
thousand |
Between eight thousand and eighteen thousand |
12 |
13. |
Between seventy-five
thousand and one hundred thousand |
Between seven thousand and twelve thousand |
10 |
14. |
Between fifty and seventy five thousand |
Between five thousand and twelve thousand |
8 |
15. |
Between thirty thousand and fifty thousand |
Between three thousand and ten thousand |
6 |
16. |
Less than thirty thousand |
Between two thousand and seven and half thousand |
5 |
(See
section 10)
Strength of Members for Various
Panchayats
Serial |
Village population as per latest census |
General Members including the chairperson |
Members representing religious minorities |
Members representing women |
1. |
Greater than fifteen thousand |
5 |
1 |
2 |
2. |
Between ten thousand to fifteen thousand |
4 |
1 |
2 |
3. |
Between five thousand to ten thousand |
3 |
1 |
1 |
4. |
Less than five thousand |
2 |
1 |
1 |
Note:
Seat
for member representing religious minorities in a panchayat reflected above
will only be available if the population of religious denominations which are
in minority in the village exceeds five per centum of the total population
as per latest census.
Third Schedule
(See section 10)
Strength
of Members for Various Neighbourhood Councils
Serial |
Neighbourhood population as per latest census |
General Members including the chairperson |
Members representing religious minorities |
Members representing women |
1. |
Greater than fifteen thousand |
5 |
1 |
2 |
2. |
Between seven and a half to fifteen
thousand |
4 |
1 |
2 |
3. |
Between three thousand to seven and half
thousand |
3 |
1 |
1 |
4. |
Less than three thousand |
2 |
1 |
1 |
Note:
Seat
for member representing religious minorities in a neighbourhood council
reflected above will only be available if the population of religious
denominations which are in minority in the neighbourhood exceeds five per
centum of the total population as per latest census.
Fourth
Schedule
(See section 17)
Primary Functions of a Panchayat
(a)
Construction,
maintenance and repair of public ways including culverts and bridges, ferries
and causeways;
(b)
Maintenance of
common spaces including their sanitation;
(c)
Drinking and
domestic water supply including construction, maintenance and repairs of wells,
water pumps, ponds, tanks and pipes;
(d)
Burial and
burning grounds including disposal of unclaimed dead and carcasses;
(e)
Lighting of
public ways and places;
(f)
Planting and preservation
of trees and destruction of harmful weeds;
(g)
Buildings for
the accommodation of travellers;
(h)
Ponds for
animals and cattle;
(i)
Sheds for cart,
bicycle, rickshaw, and auto stand;
(j)
Relief of the
poor or the sick;
(k)
Relief in
calamities and emergencies;
(l)
Public health
including inoculations and epidemic control campaigns;
(m)
Population
welfare, including population control;
(n)
Universal
education including measures for school enhancing enrolment and attendance of
students, and providing stipends and scholarships;
(o)
Promotion of
hygiene including improved latrines, septic tanks and reduction of open
defecation;
(p)
Village
sewerage, waste water collection and treatment;
(q)
Collection and
disposal of domestic waste;
(r)
Organization
and celebrations of public festivals, other than religious festivals;
(s)
Public gardens
and public play-grounds;
(t)
Libraries and
reading rooms;
(u)
Voluntary
registration of the sales of cattle, camels and horses;
(v)
Development of
agriculture and village industries;
(w)
Promotion and
development of agriculture and horticulture including starting and maintaining
a grain fund for cultivators and lending them seeds for sowing purposes on such
conditions as the panchayat may approve;
(x)
Development of
barren lands, development and maintenance of common grazing grounds;
(y)
Promotion of
dairy farming, poultry and fish farming;
(z)
Collection and
destruction of stray animals;
(aa)
Maintenance of
public properties and village common properties under its control;
(bb)
Organization of
voluntary labour and contributions to community work;
(cc)
Construction,
repair and maintenance of common village assets, including minor repairs of
public schools, health and other facilities provided in the village by the
Government or a local government;
(dd)
Removal of
encroachments and prevention of illegal trespass over public properties; and
(ee)
any
other matter which Government may by notification declare to be a suitable
subject for administration by panchayats generally or by any particular
panchayat.
Fifth
Schedule
(See section 17)
Primary
Functions of a Neighbourhood Council
(a)
Maintenance of
common spaces including their sanitation;
(b)
Planting and
preservation of trees and destruction of harmful weeds;
(c)
Relief of the
poor or the sick;
(d)
Relief in
calamities and emergencies;
(e)
Public health
including inoculations and epidemic control campaigns;
(f)
Population
welfare, including population control;
(g)
Universal
education including measures for school enhancing enrolment and attendance of
students, and providing stipends and scholarships;
(h)
Promotion of
hygiene including improved latrines, septic tanks and reduction of open
defecation;
(i)
Support local
government in collection and disposal of domestic waste;
(j)
Organization
and celebrations of public festivals, other than religious festivals;
(k)
Libraries and
reading rooms;
(l)
Organization of
voluntary labour and contributions to community work;
(m) Construction, repair and maintenance of neighbourhood assets,
including minor repairs of public schools, health and other facilities provided
in the neighbourhood by the Government or a local government;
(n)
Removal of
encroachments and prevention of illegal trespass over public properties; and
(o)
any
other matter which Government may by notification declare to be a suitable
subject for administration by neighbourhoods generally or by any particular
neighbourhood.
Sixth
Schedule
(See section 25)
Primary Duties of a Chairperson
(a)
Ensure that the
business of the panchayat or, as the case may be, the neighbourhood council is
carried out strictly in accordance with this Act and other laws for the time
being in force;
(b)
Efficient,
effective and transparent functioning of the panchayat or, as the case may be, the
neighbourhood council;
(c)
Accomplishment
of objectives set out by the common assembly, panchayat or, as the case may be,
neighbourhood council;
(d)
Presenting not
less than two reports on the performance of the panchayat or, as the case may
be, neighbourhood council to the common assembly and the Government during each
calendar year;
(e)
As and when
required, invite local officials to attend meeting of the common assembly under
section 7 of this Act;
(f)
Subject to
other provisions of this Act, convene and preside over general and extra-ordinary
meetings of the common assembly;
(g)
As and
when called upon by the common assembly, submit:
(i)
a report
on enforcement actions under section 5(1)(a) and 5(1)(f) of this Act;
(ii)
consolidated
account of all moneys received in and expenditures incurred from the local fund
during each financial year;
(iii) a report on audit of accounts under section 49
of this Act;
(iv) clarification on any matter relating to his
duties under this Act;
(h)
Approach
the Government or a local government in relation to any common need of the
residents as directed by common assembly.
(i)
Subject
to other provisions of this Act, convene and presider over general and
extra-ordinary meetings of panchayat or, as the case may be, neighbourhood
council;
(j)
Prepare
and present an estimate of receipt and expenditure under section 45 of this
Act;
(k)
Remedy
the defects or irregularities, if any, pointed out in the report on audit of
accounts of the panchayat or, as the case may be, neighbourhood council;
(l)
Submit a
copy of every resolution and order of the panchayat or, as the case may be, the
neighbourhood council to the designated officer;
(m) Maintain records of the panchayat or, as the
case may be, neighbourhood council;
(n)
As
required by him under section 45 of this Act, produce before the designated
officer any book, proceeding and record of the panchayat or, as the case may
be, the neighbourhood council;
(o)
As
required by him under section 46 of this Act, allow the designated officer full
access to all books, proceedings and records of the panchayat or, as the case
may be, the neighbourhood council;
(p)
Faithfully
observe code of conduct provided under section 58 of this Act;
(q)
Represent
the panchayat or, as the case may be, neighbourhood council at civic or
ceremonial functions;
(r)
Maintain
general supervision and control over employees of the panchayat or, as the case
may be, neighbourhood council for the above purposes;
(s)
Any
other duty as the panchayat or, as the case may be, neighbourhood council may,
by a resolution direct; and
(t)
Any
other duty as may be assigned to him by the Government.
Seventh
Schedule
(See section 25)
Primary Duties of a Member
(a)
Serve overall interest of the village or, as the case may be, the
neighbourhood which he represents; and
(b)
Ensure that the
business of the panchayat or, as the case may be, the neighbourhood council is
carried out strictly in accordance with this Act and other laws for the time
being in force;
(c)
Contribute
towards efficient, effective and transparent functioning of the panchayat or,
as the case may be, the neighbourhood council;
(d)
Accomplish
objectives set out by the common assembly, panchayat or, as the case may be,
neighbourhood council;
(e)
Avoid conflict, or possible conflict between his private interest and
honest performance of his role of serving public interest;
(f)
Attend the meetings of the panchayat or, as the case may be, the
neighbourhood council and the common assembly;
(g)
Faithfully
observe code of conduct provided under section 58 of this Act;
(h)
Any other duty
as the panchayat or, as the case may be, neighbourhood council may, by a
resolution direct; and
(i) Any other duty as may be assigned to him by the Government.
Eighth
Schedule
(See section 31)
Declaration
on Finality of Prophethood
I,
(mention here the name of the candidate taking oath), son of, wife of or the
daughter of (mention here the name of father of the candidate and in case the candidate
is a married female, the name of her husband) do hereby solemnly swear that I
believe in the absolute and unqualified finality of the Prophethood
of Hazrat Muhammad (Peace be upon him), the last of
the prophets, and that I am not the follower of anyone who claims to be a
Prophet in any sense of the word or of any description whatsoever after Hazrat Muhammad (peace be upon him), and that I do neither
recognize such a claimant to be Prophet or religious reformer nor do I belong
to the Qadiani group or the Lahori group or call myself Ahmadi.
Date: |
Signature of the Declarant |
Ninth
Schedule
(See section 34)
Oath
of the Office of Chairperson
(in the name of Allah, the most Beneficent, the most
Merciful)
That, I shall bear true faith and
allegiance to Pakistan and would always work to strengthen its ideology,
integrity, solidarity and prosperity;
And that, I shall perform my duties
under the [36][Punjab Village Panchayats and Neighbourhood Councils Act, 2019, and
rules and bye-laws] made
under it and all other applicable laws, honestly, efficaciously and efficiently
to the best of my ability;
And that I shall, as chairperson of (mention
here the name of panchayat or, as the case may be, neighbourhood council),
always work in the best interest of the residents without any favour or
prejudice and shall not allow my personal interest to influence my official
conduct or my official decision;
And that I shall, to the best of my
ability, use moneys and resources of the (mention here the name of panchayat
or, as the case may be, neighbourhood council) in the best interest of the
residents and would do all what is required to prevent misuse or
misappropriation of such money or resources;
And that in all circumstances I
shall do right to all people according to law without fear or favour, ill will,
or discrimination;
And that I shall, always act
according to and uphold and promote democratic values;
And that I shall not directly or
indirectly communicate or reveal to any person any matter which shall become
known to me in my official capacity, except as may be required for the due
discharge of my duties.
May Allah Almighty, or (in case the chairperson
is a non-Muslim) God, help and guide me (A’meen)
Countersigned Signature and seal of the |
Signature of the Declarant |
Tenth
Schedule
(See section 34)
Oath of the
Office of Member
(in the name of Allah, the most Beneficent, the most
Merciful)
I,
(mention here the name of the member taking oath), son of, wife of or the
daughter of (mention here the name of father of the member and in case the member
is a married female, the name of her husband) elected as member to (mention
here the name of respective panchayat or, as the case may be, neighbourhood
council) do hereby solemnly (in case the member is a Muslim) swear, or (in case
the member is a non-Muslims) affirm:
That, I shall bear true faith and
allegiance to Pakistan and would always work to strengthen its ideology,
integrity, solidarity and prosperity;
And
that, I shall perform my duties under the [37][Punjab Village
Panchayats and Neighbourhood Councils Act 2019, and rules and bye-laws] made
under it and all other applicable laws, honestly, efficaciously and efficiently
to the best of my ability;
And that I shall, as member of
(mention here the name of panchayat or, as the case may be, neighbourhood
council), always work in the best interest of the residents without any favour
or prejudice and shall not allow my personal interest to influence my official
conduct or my official decision;
And that I shall, to the best of my
ability, use moneys and resources of the (mention here the name of panchayat
or, as the case may be, neighbourhood council) in the best interest of the
residents and would do all what is required to prevent misuse or
misappropriation of such money or resources;
And that in all circumstances I
shall do right to all people according to law without fear or favour, ill will,
or discrimination;
And
that I shall, always act according to and uphold and promote democratic values;
And that I shall not directly or
indirectly communicate or reveal to any person any matter which shall become
known to me in my official capacity, except as may be required for the due
discharge of my duties.
May
Allah Almighty, or (in case the chairperson is a non-Muslim) God, help and
guide me (A’meen)
Countersigned Signature and seal of the |
Signature of the Declarant |
Eleventh Schedule
(See section 52)
Declaration of Assets
I,
(mention here the name of declarant), son of, wife of or the daughter of
(mention here the name of father of declarant and in case the declarant is a
married female, the name of her husband) elected as or holding the office of
(mention here the office of the declarant ) of (mention here the name of
respective panchayat or, as the case may be, neighbourhood council) do hereby
declare that I and my parents, spouse, children and dependant(s) own following
assets:-
A |
Immovable Property: Land |
||||||||
Ser |
Location |
Area |
Nature (agricultural, residential, commercial etc.) |
Present value |
Name of owner |
Extent of declarant’s interest |
Date of acquisition |
Manner of acquisition |
Remarks |
1 |
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2 |
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3 |
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B |
Immovable Property: Residential Property |
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Ser |
Address |
Area |
Present use |
Present value |
Name of owner |
Extent of declarant’s interest |
Date of acquisition |
Manner of acquisition |
Remarks |
1 |
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2 |
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3 |
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C |
Immovable Property: Other description |
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Ser |
Address |
Area |
Present use |
Present value |
Name of owner |
Extent of declarant’s interest |
Date of acquisition |
Manner of acquisition |
Remarks |
1 |
|
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2 |
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3 |
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A |
Movable Property: Cash in hand, Credit,
Insurance Policy, Debenture, Shares etc. |
|||||||||||
Ser |
Description |
Present value |
Name of owner |
In case of loan, name of creditor and
relationship between creditor with declarant |
Date of acquisition |
Manner of acquisition |
Remarks |
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1 |
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2 |
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3 |
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B |
Movable Property: Businesses |
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Ser |
Description |
Capital |
Name of owner |
Date of acquisition |
Manner of acquisition |
Remarks |
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1 |
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2 |
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3 |
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C |
Movable Property: Motor Vehicles |
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Ser |
Description (make, model, registration) |
Present value |
Name of owner |
Date of acquisition |
Manner of acquisition |
Remarks |
||||||
1 |
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2 |
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3 |
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D |
Movable Property: Bank Account(s) |
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Ser |
Account number, title, Bank and Branch |
Present value |
Name of account holder |
Date of acquisition |
Manner of acquisition |
Remarks |
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1 |
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2 |
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3 |
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I hereby declare that the Declaration made as above is
complete, true and correct to the best of my knowledge and belief.
Signature of the Declarant
Twelfth
Schedule
(See section 59)
Other
Derelictions Constituting Misconduct by a Chairperson or Member
(a)
Involvement in
an act that results in wrongful gain to himself or to any other person;
(b)
Exercise of a
power or authority vested in him under this Act or other law for the time being
in force or failure to or refusal to exercise such powers or authority, for
corrupt, unlawful or improper motives;
[38][(c) Being corrupt or having
involvement in corruption or corrupt practice within the meaning of clause (i) of
section 2 of this Act, the Elections Act or any other law for the time being in
force;]
(d)
Being convicted
of any non-bailable offence or such bailable offence, which, in the opinion of
the Minister, implies a defect of character unfitting him to be a chairperson
or member;
(e)
Without
reasonable cause absenting himself from three consecutive meetings of the
panchayat or, as the case may be, the neighbourhood council;
(f)
Dereliction
from duty or showing gross negligence in performance of duties with manifest
wrongful intent;
(g)
Despite
knowledge, violation of any provision of this Act or lawful directions or
orders of the Government;
(h)
Generally
acting in a manner which is prejudicial to the public interest;
(i)
Repeatedly
or grossly exceeding any authority; or repeatedly or grossly misusing any
authority conferred upon him under this Act;
(j)
Failure
to make any payment due against him under section 47 of this Act;
(k)
Incurring
any of the disqualifications in terms of section 31 of this Act or otherwise
becoming ineligible for being elected as a chairperson or member;
(l)
Violation
of any provision of the oath undertaken by him under this Act;
(m) Failure to declare assets or to correctly
declare assets under section 52 of this Act despite notice;
(n)
Having been
notified as disqualified for appointment in the public service;
(o)
Attempting at,
or abetting any act which constitutes misconduct under this section.
Thirteenth
Schedule
(See section 63)
Grounds
for Suspension or Dissolution of a Panchayat or Neighbourhood Council
(a)
If the
panchayat or, as the case may be, neighbourhood council is incompetent, or
persistently fails in the performance of one or more duties imposed on it by or
under this or any other Act for the time being in force;
(b)
If the
panchayat or, as the case may be, neighbourhood council grossly exceeds or
abuses its powers;
(c)
If the
panchayat or, as the case may be, neighbourhood council wilfully disregards any
direction arising out of audit of accounts, inspection of works or in relation
to its other duties under this Act.
[1]This Act was passed by the Punjab Assembly on 30 April 2019; assented to
by the Governor of the Punjab on 3 May 2019; and was published in the Punjab
Gazette (Extraordinary), dated 4 May 2019,
pages 3243-80.
[2] Inserted by the Punjab Village Panchayats and Neighbourhood
Councils (Amendment) Act 2019 (XXXVII of 2019).
[3] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019), for the following:
“(e) ‘census’
means the population and housing census taken by the Government of Pakistan
under the Census Ordinance, 1959 (X of 1959);”
[4] The following para omitted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019):
“(h) ‘corrupt practice’ means involvement
of a chairperson, member or assistant in corruption and includes any of the
following:
(i)
coercive
practice by impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence the actions of
a party to achieve a wrongful gain or to cause a wrongful loss to another
party;
(ii)
collusive
practice by arrangement between two or more parties to the procurement process
or contract execution, designed to achieve with or without the knowledge of the
procuring agency to establish prices at artificial, non-competitive levels for
any wrongful gain;
(iii) offering, giving, receiving or soliciting, directly or indirectly,
of anything of value to influence the acts of another party for wrongful gain;
(iv) any act or omission, including a misrepresentation, that knowingly
or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation;
(v)
obstructive
practice by harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in a procurement process, or affect
the execution of a contract or deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or making false statements
before investigators in order to materially impede an investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice; or
threatening, harassing or intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation or from pursuing the
investigation, or acts intended to
materially impede the exercise of inspection and audit process.”
[5] Inserted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[6] Inserted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[7] Para (cc) renumbered by the Punjab Village Panchayats and Neighbourhood
Councils (Amendment) Act 2019 (XXXVII of 2019).
[8] Para (dd) renumbered by the Punjab Village
Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[9] Substituted for the words “an estate” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[10] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019) for the following:
“(2) In this Act, the expressions ‘Metropolitan
Corporation’, ‘Municipal Corporation’, ‘Municipal Committee’, and ‘’Town
Committee’’ shall have the same meanings as given in the Punjab Local
Government Act 2019.”
[11] Inserted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[12] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019); for the following:
“(1)
As soon as may be, but not later than six months of the commencement of this
Act, the Government shall, by a notification in the official gazette, establish
areas, excluding the areas notified as cantonments, which shall constitute
villages and neighbourhoods for the purpose of this Act.”
[13] The following subsection (2) omitted by the Punjab Village Panchayats
and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019):
“(2) Subject
to the provisions of subsection (3), each estate in the Punjab, other than an
estate which falls within the local area of a Metropolitan Corporation,
Municipal Corporation, Municipal Committee or a Town Committee, shall
constitute the limits of a village for the purpose of this Act.”
[14] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019), for the following:
“(5) The area comprising a distinct and compact
inhabitation or a group of two or more contiguous, distinct and compact
inhabitations within the local area of a Metropolitan Corporation, Municipal
Corporation, Municipal Committee or a Town Committee, having a population as
given in the First Schedule, shall constitute the limits of a neighbourhood for
the purpose of this Act.”
[15] Substituted for the expression “In the like manner, the” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[16] Inserted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[17] Substituted for the words “general assembly” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[18] Substituted for the words “twelve months” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2020 (XII of 2020).
[19] Substituted for the expression “shall, by
notification in the official gazette, establish” by the Punjab Village
Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[20] Substituted for the word “be” by the Punjab Village
Panchayats and Neighbourhood Councils (Amendment) Act 2020 (V of 2020).
[21] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019) for the following:
“27. Government to direct
holding of elections.—
(1). Having due regards to the provisions of section 10 of this Act, the
Government may, by notification in the official Gazette, direct that a general
election of the chairpersons and members of the panchayats and neighbourhood
councils shall be held by such date as may be specified in the notification.
(2) Nothing in
subsection (1) shall prohibit the Government from specifying different dates
for elections for different panchayats or neighbourhood councils or group or
groups thereof.”
[22] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019) for the following:
“29. Right to cast vote.— (1)
Only such residents whose name, for the time being, appear in the electoral
roll of the respective village or, as the case may be, the neighbourhood shall
have the right to cast vote.
(2) A resident, who
is otherwise eligible to vote under subsection (1), shall cast one vote for the
election to the general seats including the chairperson, and one vote for the
election to the seat or seats reserved for the women for the respective village
or, as the case may be, the neighbourhood.
(3) Where a resident, who is otherwise
eligible to vote under subsection (1), belongs to a religious denomination
which is in minority in the respective village or, as the case may be, the
neighbourhood and there is a seat reserved for minorities for that village or
neighbourhood, he shall have the right to cast an additional vote for the
election to such seat.”
[23] Substituted for the expression “village or, as the case may be, through”
by the Punjab Village Panchayats and Neighbourhood Councils (Amendment) Act
2019 (XXXVII of 2019).
[24] Substituted for the words “was reject” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[25] The following subsection (4) omitted by the Punjab Village Panchayats
and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019):
“(4) Within three months of
the removal of a chairperson, the Election Commission shall, having regards to
the provisions of section 37 and 57 of this Act, call for a fresh election of
the respective panchayat or, as the case may be, neighbourhood council.”
[26] Substituted for the word “Government” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[27] Inserted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[28] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019) for the following:
“88. Protection of action done in good faith.— No suit, prosecution, or other legal proceedings shall rest against
a panchayat, neighbourhood, the Government or any of their officers or
employees duly appointed or otherwise in respect of anything which is done in
good faith or is intended to be done or purported to be done under this Act or
any rule or regulation or bye-law made thereunder.”
[29] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019) for the following:
“89. Recovery of dues as arrears of land revenue.— On
an application of a panchayat or, as the case may be, any sums due to it under
this Act, may be recovered as if they were arrears of land revenue.”
[30] Substituted for the word “regulations” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[31] Substituted for the words “Maximum permitted
neighbourhoods” by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2020 (V of 2020).
[32] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2020 (V of 2020), for the following:
“1. |
Metropolitan Corporation, Lahore |
Between thirty
thousand and forty-five thousand |
280” |
[33] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2020 (V of 2020), for the following:
“3. |
Metropolitan Corporations, Gujranwala and Rawalpindi |
Between fifteen thousand and twenty-two thousand |
105” |
[34] Inserted by the Punjab Village Panchayats and
Neighbourhood Councils (Amendment) Act 2020 (V of 2020).
[35] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2020 (V of 2020), for the following:
“4. |
Municipal Corporation, Multan |
Between fifteen thousand and twenty-two thousand |
95” |
[36] Substituted for the expression “Punjab Village Panchayat and Neighbourhood
Councils Act, 2019 and rules, bye-laws and regulations” by the Punjab Village
Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of 2019).
[37] Substituted for the expression “Punjab Village Panchayat and
Neighbourhood Councils Act, 2019 and rules, bye-laws and regulations” by the Punjab
Village Panchayats and Neighbourhood Councils (Amendment) Act 2019 (XXXVII of
2019).
[38] Substituted by the Punjab Village Panchayats and Neighbourhood Councils
(Amendment) Act 2019 (XXXVII of 2019) for the following:
“(c) Being
corrupt or involvement in a corrupt practice within the meaning of clause (h)
and (i) of section 2 of this Act or under any other law for the time being in
force;”