Updated: Sunday March 31, 2013/AlAhad
Jamada El Oula 20, 1434/Ravivara
Chaitra 10, 1935, at 05:30:53 PM
The Greater
Ord. II of 1967
3rd June 1967
An Ordinance to make provision for facilitating
the execution of the Greater Lahore Water Supply,
Sewerage and Drainage Scheme.
The Greater Lahore Water Supply, Sewerage and Drainage
Ordinance, 1967, promulgated by the Governor of West Pakistan on 16th February,
1967, having been approved by the Provincial Assembly of West Pakistan with
amendments, on 2nd May 1967, in pursuance of clause (4) of Article 79 of the
Constitution of the Islamic-Republic of Pakistan and assented to by the
Governor of West Pakistan on 2nd June, 1967 is hereby published for general
information:]
WHEREAS it is expedient to make provisions for facilitating the
execution of Greater Lahore Water Supply, Sewerage and Drainage Scheme;
AND,
WHEREAS, the Provincial Assembly of West
Pakistan is not in session, and the Governor of West Pakistan is satisfied that
circumstances exist which render immediate legislation necessary;
NOW,
THEREFORE, in exercise of the powers
conferred on him by clause (1) of Article 79 of the Constitution, the Governor
of West Pakistan is pleased to make and promulgate the following Ordinance:---
1. Short title, commencement and extent. (1) This Ordinance may be
called the Greater Lahore Water Supply, Sewerage and Drainage Ordinance, 1967.
(2) It shall come into force at once.
(3) It shall extend to the area under the jurisdiction of the Lahore
Improvement Trust, and to such other area or areas beyond the jurisdiction of
the Trust as Government may, by notification, specify from time to time.
2. Definitions. (1) In this Ordinance, unless there is anything
repugnant in the subject or context:---
(a) ‘Act’ means the Punjab Town Improvement Act, 1922 (Punjab IV of 1922);
(b) ‘Government’ means the Government of West Pakistan;
(c) ‘Municipal Committee’ means the Lahore Municipal Corporation;
(d) ‘Ordinance’ means the Municipal Administration Ordinance, 1960 (Ordinance X
of 1960);
(e) ‘Project Director’ means the Project Director,
(f) ‘Scheme’ means the Lahore Water Supply, Sewerage and Drainage Project; and
(g) ‘Trust’ means the Lahore Improvement Trust.
(2) Words and expressions not defined in this Ordinance shall have the same
meaning as in the Act and the Ordinance.
3. Water Supply, Sewerage and Drainage Scheme. The Scheme shall be
executed and administered by the Trust as if it were a scheme under the Act.
4. Functions with regard to water supply, sewerage and drainage. (1) For
the period, the water supply, sewerage and drainage scheme remains under the
control of the Trust:---
(a)
all functions and powers with regard to water supply, sewerage and drainage,
including the power to administer and collect rates, fees and charges for water
supply, sewerage and drainage, and the making of bye-laws under the Ordinance
for the purposes of water supply, sewerage and drainage shall be performed and
exercised by the Trust as if it were a Municipal Committee;
(b) all properties, assets, and liabilities pertaining to water supply,
sewerage and drainage heretofore vesting in the Municipal Committee shall vest
in the Trust;
[(c) the staff of the Municipal Committee, heretofore responsible for the
administration of water supply, sewerage and drainage, shall continue to be
governed by the provisions of the Ordinance and the Rules framed thereunder,
but shall work under the administrative control of the Trust, and for the
purposes of the said staff, the Trust shall be deemed to be the Municipal
Committee and the Chairman of the Trust shall be deemed to be the Chairman of
the Municipal Committee.]
[(2) The arrangements for the transfer of functions with regard to water
supply, sewerage and drainage from the Municipal Committee to the Trust shall
be as specified in Schedule I.]
5.
(a) Chairman, Lahore Improvement Trust Chairman.
(b) Chairman, Lahore Municipal Corporation Member.
[(c) Representative of the Finance Department of Government of
(d) Chief Engineer, West Pakistan, Public Health Engineering Department,
(2) The Project Director shall be the Secretary to the Committee.
(3) The Chairman, Lahore Improvement Trust shall be the principal Executive
Officer and for the purpose of planning and implementation of the Scheme shall
exercise such powers of the Trust, as may be specified by Government, while the
Chief Technical Engineer, Public Health Engineering Department shall be the
Advisor to the Committee.
(4) The Chairman may delegate to the Project Director or any other officer
employed in the scheme such powers as may be necessary from time to time for
the execution of the Project and the performance of functions with regard to
the administration to water supply, sewerage and drainage.
6. Assignment of functions to the Municipal Committee. Notwithstanding
the transfer of functions with regard to water supply, sewerage and drainage from
the Municipal Committee to the Trust, the Government may require the Municipal
Committee to perform such functions on behalf of the Trust as may be specified,
including the collections of water, sewerage and drainage rates on such
condition as may be laid down.
7. Finance. (1) For the purposes of the execution of the scheme, and the
administration of the water supply, sewerage and drainage service, the Trust
shall maintain separate fund to be known as the Water Supply, Sewerage and
Drainage Fund. All receipts relating to or meant for water supply, sewerage and
drainage shall be credited to the Fund, and expenditure for the purposes of
water supply, sewerage and drainage shall be incurred out of the Fund.
(2)
The Trust shall prepare and administer a separate budget for the purposes of
the Water Supply, Sewerage and Drainage Fund.
8. Rates, fees and charges. (1) Adequate funds shall be raised by the
Trust to meet the cost of the Scheme by imposing rates, fees and charges for
water, sewer and drainage from time to time.
(2) The rates, fees and charges for water, sewer and drainage shall be such as
to provide sufficient revenues:---
(i) to cover the operating expenses, including taxes, if any, any interest to
provide for adequate maintenance and depreciation;
(ii) to meet repayments on long term indebtedness to the extent that such
repayments exceed the provision for depreciation;
(iii) to finance the normal year to year extension of water supply, sewerage
and drainage system and to provide a reasonable portion of the cost of future
major expansion of such system.
(3) Initially, sewer and drainage rates shall be levied as specified in
Schedule II, but in order to conform to the provisions of sub-section (1),
Government may, from time to time, by notification, vary the rates specified in
the Schedule.
(4)
The loan raised to finance the Scheme shall be the primary charge on the Water
Supply, Sewerage and Drainage Fund, and if in the opinion of Government, the
income from the water and drainage rates is inadequate to meet the loan
charges. Government may levy any tax which a Municipal Committee is authorised
to levy under the Ordinance and direct that the proceeds thereof shall be
credited to the Water Supply, Sewerage and Drainage Fund, and utilized for the
service of the loan.
9. Control. (1) Where the Trust acts as a Municipal Committee for the
purposes of this Ordinance, the Government shall be the Controlling Authority.
(2) The Government may frame Rules to carry out the purposes of this Ordinance,
and for the administration of the water supply, sewerage and drainage service.
(3) If there is any dispute between the Trust and the Municipal Committee over
any point arising under this Ordinance, the matter shall be referred to
Government whose decision shall be final.
10. Completion of the Water Supply, Sewerage and Drainage Scheme. When
the scheme has been completed to the satisfaction of Government, functions with
regard to water supply, sewerage and drainage may be transferred by it to the
Municipal Committee, and the consequences which ensue upon such transfer,
including the assets and liabilities shall be duly determined and specified by
Government, and the same shall be given effect to by the parties.
See SUB-SECTION (2) OF SECTION (4) supra
INTERIM ARRANGEMENT
A--ENGINEERING
SECTIONS
(a) Installations in charge of Municipal Committee. The installations in the
charge of the Municipal Committee staff, together with Engineering
Divisions/Sub-Division which include personnel, i.e. Engineers, technicians,
clerical staff shall be transferred to the Trust along with stores in hand
within three weeks of promulgation of this Ordinance. The Municipal Committee
shall prepare and deliver to the Trust lists of staff, installations and stores
within two weeks of the promulgation of this Ordinance.
(b)
Installations in charge of Public Health Engineering Department. The Municipal
Committee shall cause the transfer of Municipal water supply, sewerage and
drainage works and installations which presently are in the charge of the
Public Health Engineering Department within three weeks of promulgation of this
Ordinance or from such other date as Government may fix on this behalf.
(c)
Sewers, storm water channel and surface drains. The clearance and maintenance
of extramural drains, and storm water channels shall be the responsibility of
the Trust and the staff employed by the Trust for such purposes may include
existing Municipal staff performing such function. The intra-mural surface
drainage shall, however, remain with the Municipal Committee.
(d)
Capital Works. The Capital Works of water supply and sewerage of Municipal
Committee in the budget of 1966-67 shall be covered as under:---
(i)
Works in progress. The Water Supply, Sewerage and Drainage work in progress
shall be transferred from Municipal Committee to Trust together with adequate
funds, expenditure statement, contract documents, work arrangements, etc.,
within three weeks of promulgation of this Ordinance. The Trust shall, however,
scrutinize these in the light of over all Scheme.
(ii)
Work budgeted but not taken in hand. In case the Municipal Committee consider
that certain works relating to water supply, sewerage and drainage provided in
the budget of 1966-67, are essential, and that they should be executed during
the current financial year the sanctioned funds shall be transferred to the
Trust for execution thereof. The Trust shall, however, scrutinize these planned
works in the light of overall Scheme.
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