Updated: Thursday August 18, 2016/AlKhamis
Thoul Ki’dah 15, 1437/Bruhaspathivara
Sravana 27, 1938, at 05:58:52 AM
ORDINANCE
to provide for establishment of empowered
local governments in
WHEREAS it is expedient to provide for empowered
local governments, devolve political power and decentralize administrative and
financial authority thereto and regulate the administration of Federal Capital
for effective delivery of services and transparent decision making through
institutionalized participation of the people at grass root level;
AND WHEREAS the President is satisfied that
circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the
Proclamation of Emergency of the fourteenth day of October, 1999, the
Provisional Constitution Order No.1 of 1999, and in exercise of all powers
enabling him in that behalf, the President of the Islamic Republic of Pakistan
is pleased to make the following Ordinance:---
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.–(1) This Ordinance may be called the
Islamabad Capital Territory Local Government Ordinance, 2002.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.- In this Ordinance, unless there is anything
repugnant in the subject or context,–--
(i) ‘body
corporate’ means a body having perpetual succession and a common seal, with
power to acquire and hold movable and immovable property, and transfer any
property held by it, and enter into any contract and may sue and be sued in its
name;
(ii) ‘budget’
means a statement of estimated receipts and expenditures for a financial year;
(iii) ‘building’
includes any shop, house,hut, out-house, shed, stable or enclosure built of any
material and used for any purpose, and also includes wall, well, veranda,
platform, plinth, ramp and steps;
(iv) ‘building
line’ means a line beyond which the outer face or any part of an external wall
of a building may not project in the direction of any street, existing or
proposed;
(v) ‘bye-laws’
means the bye-laws made under this Ordinance;
(vi) ‘Chief
Executive of the Federal Capital’ means the Federal Minister for Interior who
will perform the functions of the Chief Executive of the Province equivalent;
(vii) ‘Capital
Development Authority’ means the Capital Development Authority constituted
under the Capital Development Authority Ordinance, 1960 (XXIII of 1960);
(viii) ‘Council’
means the Zila Council, or as the case may be, a Union Council, a Village
Council and a Neighbourhood Council;
(ix) ‘District’
means the Islamabad City District;
(x) ‘decentralise’
or ‘decentralised’ means conferment by the Federal Government under this
Ordinance of its administrative and financial authority for the management of
specified offices of the Federal Government to the local governments;
(xi) ‘dependent’
means wholly or partially dependent parents, spouse, guardians, children, step
and adopted children;
(xii) ‘disaster’
includes famine, flood, cyclone, fire, earthquake, drought, and damages caused
by force majeure;
(xiii) ‘drain’
includes a sewer, a house drain or a drain of any other description, used for
carrying sullage or rain water;
(xiv) ‘elector’
means a person whose name appears on the electoral rolls prepared for Islamabad
City District by the Election Commission of Pakistan under the Islamabad
Capital Territory Local Government Election Order, 2001 (Chief Executive’s
Order No.10 of 2001);
(xv) ‘Government’
means the Government of Pakistan in the Ministry of Interior;
(xvi) ’
(XVII) ‘land’ includes vacant land or on which any structure
has been raised or is being raised or is covered with water or is under
cultivation or is fallow or is barren and, in relation to a town improvement
scheme, includes land as defined in clause (a) of section 3 fo the Land
Acquisition Act, 1894 (IV of 1894);
(xvii) ’land” includes vacant land or on which any structure has
been raised or is being raised or is covered with water or is under cultivation or is fallow or is barren and, in relation to a town improvement scheme,
includes land as defined in clause (a) of section 3 of the Land
Acquisition Act, 1894 (IV of 1894);
(xviii) ’local area”
means an area specified in section 5 of this Ordinance;
(xix) ’local
government” includes,---
(a)the City District Government and the Zila Council in Islamabad
City District; and
(b) Union Administration and Union Council in
each
(xx) ’mal-administration”
means,---
(a)
a decision, process, recommendation, act of omission or commission
which is,---
(i) contrary to the law, rules
or regulations or is a departure from established practice or procedure;
or
(ii) perverse, arbitrary or unreasonable, unjust, biased, oppressive,
or discriminatory; or
(iii) based on irrelevant grounds,
(b) neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities
or delivery of civic and municipal services under this Ordinance
or any other law for the time being in force;
(xxi) ‘market”
means a place notified as market under this Ordinance or any other
law for the time being in force;
(xxii) ’member”
means an elected member of a Council;
(xxiii) ‘mauziat” means revenue estates declared as such under the Land
Revenue Act, 1967 (W.P. Act XVII of
1967), adopted in the
(xxiv) ’municipal services” include water supply, sanitation, conservancy; removal and disposal of sullage, refuse, garbage, sewer or storm water, solid or liquid waste; drainage, public toilets, express ways, bridges, flyovers, public roads, streets, footpaths, traffic signals, pavements,
and street lighting, public parks, gardens, arboriculture, landscaping,
billboards, hoardings, fire fighting, land use control, zoning, master
planning, classification, declassification or reclassification of commercial or
residential areas; markets, housing, urban or rural infrastructure, environment
and construction, maintenance or development thereof and enforcement of any law
or rule relating thereto;
(xxv) ‘Naib
Nazim’ means a Naib Zila Nazim or a Naib Union Nazim;
(xxvi) ‘Nazim’
means Zila Nazim or a Union Nazim;
(xxvii) ‘Neighbourhood’
means a Mohallah, a group of streets, lanes or roads, designated by City
District Government to be the Neighbourhood;
(xxviii) ‘peasant’
means a person who is a landless farm worker or, one who during the period of
five years preceding the year in which local government election is held, has
been the owner of not more than five acres of land and depends directly on it
for subsistence living;
(xxix) ‘prescribed’
means prescribed by rules made under this Ordinance;
(xxx) ‘public
place’ means any building, premise or place to which the public have access;
(xxxi) ‘rent’
means whatever is lawfully payable in money or kind by a tenant or lessee on
account of the occupation of any building or land;
(xxxii) ‘street
line’ means a line dividing the land and forming part of a street from
adjoining land;
(xxxiii) ‘tax’
includes any cess, fee, rate, toll or other impost leviable under this
Ordinance;
(xxxiv) ‘Union’
means a local area notified under section 6 to be a
(xxxv) ‘Union
Administration’ includes the Union Nazim, Naib Union Nazim, Union Secretaries,
and other employees of Union Administration;
(xxxvi) ‘Village’
means an integrated and contiguous human habitationcommonly identified by a
name and includes a dhok, chak, graan, basti or any other comparable
habitation;
(xxxvii) ‘water
reservoir’ includes a spring, well, tube well, pond, tank, water course, culvert
or any channel used for supplying water; and
(xxxviii) ‘worker’
means a person directly engaged in work, or is dependent on personal labour,
for subsistence living and includes a worker as defined in the Industrial
Relations Ordinance, 1969 (XXIII of 1969).
3. Ordinance to over-ride other laws.– The provisions of this Ordinance shall
have effect notwithstanding anything contained in any other law for the time
being in force.
4. Local governments to function within
Federal Government framework.–(1)
The local governments established under this Ordinance shall function within
the Federal Government framework and adhere to all applicable laws.
(2) In performance of their functions, the
local governments shall not impede or prejudice the exercise of the executive
authority of the Federal Government.
CHAPTER II
LOCAL AREAS AND LOCAL GOVERNMENTS
5. Composition of local areas. For the purpose of this Ordinance, the
following shall be the local areas in
(a) Unions;
and
(b)
Islamabad City District.
6. Delimitation of Unions. A Union shall be an area comprising one or
more muaziaat or, in the case of an area where revision of settlement under the
law has not been taken, one or more census villages or, in the case of an area with
urban characteristics, the whole number of population census blocks as
delimited for the purpose of last preceding census or a combination of whole
number of census blocks and a whole number of muaziaat, notified as such by the
Government:---
Provided that, as far as may be,–--
(a) the
area of a
(b) the
area of a
(c)
the area of a Union with urban characteristics shall comprise a whole number of
census blocks as delimited for the purpose of the preceding population census
or a whole number of muaziaator a combination of a whole number of census
blocks and muaziaat; and
(d) the
population of Unions within the Islamabad City District shall be uniform:
Provided further that in specific cases, the Government may,
for the reasons to be recorded, waive the aforesaid conditions.
7. Alteration of local areas.- (1) Any two or more adjoining
Unions within the District may, after having invited public
objections through a resolution, during the fourth year of their being in
office, or in the year when local government elections are to be held, passed
by two-third majority of the total membership of each of the relevant Union
Councils, make a proposal to the Government for a change in their respective
boundaries subject to the condition that no revenue estate shall be divided and
the size of population in the Unions shall, as far as possible, be close to the
average population of Unions within the District.
(2) The Government may, subject to
previous publication, notify the change in the boundaries of the Unions:---
Provided that such change shall come into
force on the announcement of next local government elections.
8. Local governments for local
areas. There
shall be a local government for each local area comprising:---
(a)
District Government to be known as the City District Government
and Zila Council; and
(b) Union
Administration and Union Council in each
CHAPTER III
CITY DISTRICT GOVERNMENT
9. Composition of Islamabad
City District Government.–(1)
The City District Government shall consist of the Zila Nazim and
the District Administration.
(2) The City District Government shall
be competent to acquire, hold or transfer any property, movable and
immovable, to enter into contract and to sue or be sued in its name through the
District Coordination Officer.
10. Decentralised offices and grouping of offices.-
(1) On the commencement of this Ordinance,
the administrative and financial authority for the management
of the offices of the
Federal Government specified in Part A of
the First Schedule set up in
the District shall stand decentralised to the City
District Government:---
Provided that where there is no office of
the Federal Government in the Islamabad City District specified in PartA
of the First Schedule and the FederalGovernment sets up an office on a
subsequent date, such office shall be decentralised to the City
District Government from that date.
(2) Where there is no office in
the Islamabad City District specified in Part B of the First Schedule, the
Federal Government shall set up such office and post officers and staff in such
office.
(3) The offices decentralised to the City
District Government shall be grouped in various groups specified in Part-C
of the First Schedule:---
Provided that the Government may, for the
reason of non-existence of any office or offices in the District specified in
the First Schedule, in consultation with the City District Government, vary
or amalgamate the grouping of offices for efficiency and effectiveness by
notification in the official Gazette:---
Provided further that the number of groups
of offices shall not exceed the number of groups specified in Part-C of the
First Schedule.
11. Authority and responsibility
of City District Government.–(1) The authority of the City District Government shall
comprise the management and control of offices which
are decentralized to it or may be set up under this Ordinance:---
Provided that the City District Government
shall exercise such authority within the District in accordance with the
general policy of the Government.
(2) Every order in the City District
Government shall be expressed to be made in the name of the City District
Government and shall be executed by an officer or authority of the City
District Government duly authorized.
(3) The City District Government shall
be responsible to the people and the Chief Executive of the Federal
Capital for improvement of governance and delivery of services within the
ambit of the authority decentralised to it under this Ordinance.
(4) On assumption of
the office by the first Zila Nazim under this Ordinance, the control of Capital
Development Authority shall vest in the Zila Nazim and the Chairman Capital
Development Authority shall report to the Zila Nazim.
(5) Notwithstanding any thing contained in
the Capital Development Authority Ordinance, 1960 (XXIII of 1960), and any other law, rules, by laws, regulations
or notifications for the time being in force, the Capital Development Authority
shall function as the City Municipal Administration, and the development and
the municipal responsibility of the Capital Development Authority shall extend
to the whole of the Islamabad Capital Territory.
12. The Zila Nazim.–(1) The Zila Nazim shall head the City
District Government and perform such functions and exercise such powers as have
been assigned to him under this Ordinance and be assisted by the District
Coordination Officer.
(2) The Zila Nazim shall ensure that the
business of the City District Government is carried out in accordance with the
provisions of this Ordinance and other laws for the time being in force.
13. Functions and powers of the Zila Nazim.–(1) The functions and powers of the Zila
Nazim shall be to,---
(a) provide
vision for the district-wide development, leadership and direction for
efficient functioning of the City District Government;
(b) develop
with the assistance of the District Administration strategies and timeframe for
accomplishment of the relevant goals approved by the Zila Council and set
directives for realizing the economic potential of the District;
(c) perform
functions relating to law and order in the District;
(d) ensure
implementation of the functions decentralised to the City District Government;
(e) oversee
formulation and execution of the annual development plan, delivery of services
and functioning of the City District Government;
(f)
coordinate inter-Union development plans;
(g) present
tax proposals to the Zila Council;
(h)
present for approval to the Zila Council budget for City District Government
and the Zila Council;
(i)
maintain administrative and financial discipline in the City District
Government;
(j) present
report on the performance of the City District Government in person to the Zila
Council at least twice a year;
(k) take
charge, organise and prepare for relief activities in disasters or natural calamities
and muster resources for crisis management;
(l)
authorise officers of the City District Government to sign documents on his
behalf;
(m)
initiate inspections of Union Administration in the District pursuant to
section 110.
(n)
establish and supervise the working of the Internal Audit Office;
(o) issue
executive orders to the District Coordination Officer and Executive District
Officers for discharge of the functions decentralised to the City District
Government;
(p)
represent City District Government on public and ceremonial occasions; and
(q) perform
any other function as may be assigned to him by the Government.
(2) The Zila Nazim shall not employ any
advisor, special assistant or a political secretary other than support staff
allocated to his office from amongst the officials available in the City
District Government.
14. Right of the Zila Nazim to take part in
Council’s meetings. The
Zila Nazim shall have the right to speak and otherwise take part in the
proceedings of the Zila Council, but shall not be entitled to vote.
15. Personal responsibility of the Zila
Nazim. The Zila Nazim
shall be personally responsible for any loss, financial or otherwise, flowing
from the decisions made by him personally or under his directions in violation
of any provisions of this Ordinance or any other law for the time being in
force and for any expenditure incurred without lawful authority.
16.
Resignation of Zila Nazim.
The Zila Nazim may resign from office by tendering resignation in writing
addressed to the Chief Executive of the Federal Capital.
17. Vacancy in the office of Zila Nazim.–(1) In case the office of the Zila Nazim
falls vacant for reason of his death, resignation, removal or suspension or,
where in the opinion of the Zila Council, he has become incapable to perform
his functions on account of mental or physical incapacity, the Naib Zila Nazim
shall act asthe Zila Nazim till an officiating Nazim is appointed under
sub-section (6) of section 131 or the new Zila Nazim is elected under
sub-section (5) of that section:---
Provided that the officiating Zila Nazim
shall not be a candidate in the election for the Zila Nazim.
(2) Where the Zila Nazim is unable to
perform his functions for reason of his temporary absence, he may authorise the
Naib Zila Nazim, in writing, to act on his behalf till he resumes his duties.
18. External recall of the Zila Nazim.-(1) If in the opinion of the Chief Executive
of the Federal Capital, the continuance in office of the Zila Nazim is against
the public policy or interest of the people or he is guilty of misconduct, the
Chief Executive of the Federal Capital may move a motion in the National
Assembly stating the grounds for the recall of the Zila Nazim.
(2) Where the motion referred to in
sub-section (1) is approved through a resolution passed by a simple majority of
total membership of the National Assembly, the Zila Nazim shall cease to hold
office immediately on passing of such resolution:---
Provided that the Zila Nazim shall be
provided an opportunity of being heard by the National Assembly.
(3) The result of the approval of the
resolution of the National Assembly referred to in sub section (1) shall be
notified by the Interior Division in the official Gazette.
(4) Nothing contained in sub-sections (1)
and (2) shall affect the provisions of section 22 in respect of removal of the
Zila Nazim by the Chief Election Commissioner.
19. Internal recall of the Zila Nazim.-(1) If in the opinion of a member of the
Zila Council, there is a reason to believe that the Zila Nazim is acting against
thepublic policy or interest of the people or is negligent or is responsible
for loss ofopportunity for improvement in governance and service delivery to
the the people withinthe ambit of his responsibilities, he
may, seconded by another member of the Council, give notice to move a motion in
the Zila Council through the Naib Zila Nazim for recall of the Zila Nazim.
(2) On receipt of notice referred to in
sub-section (1), the Naib Zila Nazim shall summon a session of the Zila Council
not earlier than three days but not later than seven days, if the Zila Council
is not already in session.
(3) Where the Zila Council is already in
session, the motion referred to in sub-section (1) shall be taken up for
deliberations on the next day from its receipt by the Naib Zila Nazim.
(4) If the motion referred to in Subsection
(1) is approved by majority of the votes of its total membership through a
secret ballot, the Election Authority shall cause a vote to be cast by the
members of Union Councils in the District.
(5) Where the motion is approved by simple
majority of the total number of members of the Union Councils in the District,
the Zila Nazim shall cease to hold office from the date of notification issued
in this behalf by the Election Authority.
(6) Where the motion fails in the Zila
Council, the proposer and seconder of such motion shall lose their seats both
as Union Nazims and members of the Zila Council.
(7) The Zila Nazim shall have the right to
appear before the Zila Council and address it in his defence before approval or
rejection of motion referred to in sub-section (5).
(8) No motion for recall of the Zila Nazim
shall be moved during the first year of assumption of office of the Zila Nazim
nor shall such motion be repeated before the expiry of one year from the
rejection of previous motion.
Explanation. For the purpose of this section and other
provisions of this Ordinance, the expression “Election Authority” shall mean
the authority nominated by the Federal Government for causing voting of the
members of Union Councils, whenever so required for recall of the Zila Nazim
or, as the case may be, Union Nazim.
20. Setting aside an order of the Zila Nazim
by Chief Executive of the Federal Capital.–(1)The Federal Capital Commission may, on
its own accord or on receipt of an information or on an
application, take notice of an order or decision of general application passed
by the Zila Nazim and recommend to the Chief Executive of the Federal Capital
for its quashment, if in the opinion of the Commission such order or decision
of the Zila Nazim is against the public policy or interest of the people:---
Provided that the Zila Nazim may be given an
opportunity of being heard before making recommendation to the Chief Executive
of the Federal Capital.
(2) The quashment of the order or decision
referred to in sub-section (1) shall be notified by the Interior Division in
the official Gazette.
21. Structure of District Administration.- The District Administration shall comprise
the district offices, including sub-offices of the departments of the Federal
Government decentralised to the City District Government and grouped under the
Executive District Officers and coordinated by the District Coordination
Officer.
22. Heads of offices and groups.–(1) The District Coordination Group of
Offices specified in Part-C of the First Schedule shall be headed by the
District Coordination Officer.
(2) The group of offices, other than the
District Coordination Group of Offices, shall be headed by an Executive
District Officer.
(3) The District Officers shall head the
district offices:---
Provided that where any sub-office of the
district office exists in the District, the Deputy District Officer shall head
such sub-office.
23. District Coordination Officer.–(1) The Federal Government shall appoint a
District Coordination Officer who shall be a Federal civil servant, as far as
possible, in Basic Scale 21.
(2) The
District Coordination Officer shall be coordinating head of the District
Administration and shall-
(a) ensure
that the business of the District Coordination Group of Offices is carried out
in accordance with the laws for the time being in force;
(b)
co-ordinate the activities of the groups of offices for coherent planning,
synergistic development, effective and efficient functioning of the District
Administration;
(c)
exercise general supervision over programmes, projects, services, and
activities of the District Administration;
(d)
coordinate flow of information required by the Zila Council for performance of
its functions under this Ordinance;
(e) act as
Principal Accounting Officer of the City District Government and be responsible
to the Public Accounts Committee of the National Assembly;
(f) act and
perform functions of Collector under sections 54, 68, 70(2), 71, 72, 92, 93,
rule 18 of Order XXI, Order XL and for similar other provisions of the Code of
Civil Procedure, 1908 (Act V of 1908);
(g) assist
the Zila Nazim in accomplishment of administrative and financial discipline and
efficiency in the discharge of the functions assigned to District
Administration;
(h) prepare
a report on the implementation of development plans of the City District
Government for presentation to the Zila Council in its annual budget session;
and
(i)
initiate the performance evaluation reports of the Executive District Officers
and shall be countersigning officer of such reports of the District Officers
initiated by the Executive District Officers.
Explanation.- For the purpose of this section, the
expression ‘coordinating head’ means the authority to call for review and
assessment of the performance of the groups of offices, individually or
collectively, and give directions for taking actions or measures for improving
efficiency, service delivery and achievement of goals assigned in the approved
plans of the City District Government.
(3) Where in the opinion of the District
Coordination Officer an order of the Zila Nazim is motivated or unlawful, he
may seek recourse in writing to the Federal Capital Commission with a copy
thereof to the Zila Nazim, and the decision of the Commission in the matter
shall be final and binding.
24. Functions and powers of Executive
District Officer. The
functions and powers of Executive District Officer shall be to,---
(a) ensure
that the business of the group of offices under his administrative control is
carried out in accordance with law and the rules and the
human and material resources placed at his disposal are optimally utilised to
improve governance;
(b)
coordinate and supervise the activities of the offices and ensure efficient
service delivery by the functionaries under his administrative control;
(c) supply
information to the Monitoring Committees of the Zila Council and Union
Councils;
(d) take
appropriate corrective actions based on the information received from
Monitoring Committees;
(e) prepare
development plans and propose budgetary allocations for their execution;
(f)
implement approved plans and policies;
(g) authorise
disbursement of performance bonuses to the employees;
(h) prepare
proposals for expenditures necessary for the proper conduct of programs,
projects, services, and other activities;
(i) propose
relevant bye laws on service delivery to the District Coordination Officer; and
(j) act as
Departmental Accounting Officer for his respective group of offices and be
responsible to the District Accounts Committee of the Zila Council
25. City district administration working.-(1) In matters of policy and important
decisions, the District Coordination Officer shall obtain approval of the Zila
Nazim before communicating such matters and decisions to the Government.
(2) The Government shall appoint all
officers and officials to the district offices, groups of offices or other
offices in the District specified in the First Schedule.
(3) The tenure of posting of an officer or
official of the Government to the District Government shall, ordinarily, be
three years.
(4) Where the
performance of the District Coordination Officer is not satisfactory, the Zila
Nazim may request the Government for his transfer in writing, with a copy to
the District Coordination Officer, stating reasons therefor and the Government
shall accede to the request of the Zila Nazim within seven days and the
Government may refer the matter to the Federal Capital Commission.
(5)The Federal Capital Commission shall
inquire into the matter referred to in sub section (4) and place the findings
and recommendations before the Chief Executive of the Federal Capital for such
action as he may deem necessary.
(6) Where the performance of an Executive
District Officer is not satisfactory, the Zila Nazim may, in consultation with
the District Coordination Officer, request the Government to transfer such
officer from the District stating reasons therefor.
26. Rules of Business for disposal of work. For smooth and efficient disposal of
official work, the Government shall make District Government Rules of Business.
27. Assignment of functions to Union
Administration etc. The
City District Government with the prior approval of Zila Council may,---
(a) on such
terms and conditions as are mutually agreed, transfer its functions or
responsibilities with regard to providing municipal services to the Union
Administration or Village Council or Neighbourhood Council:
Provided that no function or responsibility shall be
transferred without allocation of corresponding resources and funds:
Provided further that the responsibility to regulate and
monitor such functions and services shall remain with the City District
Government.
(b) assign
or contract out, on such terms and conditions as are approved by the Zila
Council and after inviting public objections, any of its municipal functions to
any public-private, public or private organization:---
Provided that responsibility for discharge of such functions
shall continue to vest with the City District Government.
(c)
with the approval of the Government and concerned regulatory authorities of the
Federal Government, set up, acquire, manage and operate any commercial activity
on a self-financing basis with no liability to the public exchequer;
(d) set-up
a corporate body to perform any of its functions, singly or jointly with other
public or private bodies:---
Provided that responsibility for discharge of such functions
shall continue to vest with the City District Government.
(e) with
funds raised through voluntary contributions or external grant, but without
recourse to additional enhanced taxation, user charges or fees or recourse to
any other sources of public funds and without incurring debt of any nature,
undertake any development project.
28. Disposal of Government”s work. The District Government may, subject to
provision of funds by the Government, but without recourse to additional or
enhanced taxation, charge, fees or any other source of public funds and without
incurring any debt undertake any of the functions of the Government as may be
mutually agreed.
29. Performance evaluation. The annual performance reports of the
officers posted in the District Government shall be initiated by,---
(a) the
Zila Nazim in respect of the District Co-ordination Officer:
Provided that the first countersigning officer shall be the
Secretary, Ministry of Interior, Government of Pakistan, and the Chief
Executive of the Federal Capital shall be the second countersigning authority;
(b) the
Zila Nazim in respect of the Chairman Capital Development Authority:---
Provided that the first countersigning officer shall be the
Secretary, Ministry of Interior, Government of Pakistan, and the Chief
Executive of the Federal Capital shall be the second countersigning authority;
(c) the
Zila Nazim in respect of the Capital City Police Officer concerning the
maintenance of law and order in the Islamabad Capital Territory:---
Provided that the first countersigning
officer shall be the Secretary, Ministry of Interior, Government of Pakistan,
and the Chief Executive of the Federal Capital shall be the
second countersigning authority;
(d) the
District Coordination Officer in respect of the Executive District Officers and
the Zila Nazim shall be the countersigning officer;
(e) the
Executive District Officer in respect of the District Officers:
Provided that the District Coordination Officer shall be the
countersigning Officer and head of the concerned office of the Federal
Government shall be the Technical Reporting Officer; and
(f) the
District Officer in respect of the Deputy District Officer and the Executive
District Officer shall be the countersigning officer.
CHAPTER IV
ZILA COUNCIL
30. Composition of the Zila Council.–(1) The Zila Council shall consist
of all Union Nazims in the City District and following members elected on the
reserved seats namely:---
(i) such
number of women so as to represent thirty-three percent of the total number of
the Unions in the District;
(ii) such
number of peasants and workers so as to represent five percent of the total
number of the Unions in the District, subject to a minimum of one seat; and
(iii) such number
of persons from minority communities so as to represent five percent of the
total number of the Unions in the District, subject to a minimum of one seat.
(2) If, in calculating a percentage for the
purposes of sub-section (1), thenumber of reserved seats does not come out to
be a whole number and such number is,---
(a) less
than one-half, the number shall be rounded down to the next lower number; or
(b)
one-half or more, the number shall be rounded up to the next higher number.
31.
Secretariat of the Council. The Zila Council
shall have its Secretariat under the Naib Zila Nazim and
shall have a separate budget allocation.
32. Functions
and powers of the Zila Council. The
functions and powers of a the Zila Council shall be to,---
(a) approve
bye-laws proposed by the District Government under this Ordinance;
(b) approve
taxes proposed by the District Government on the subjects specified in Part-I
of the Second Schedule;
(c) approve
long term and short term development plans, annual and supplementary budgetary
proposals of the District Government;
(d) approve
annual budget of the District Government and Zila Council;
(e) elect
committees of the Zila Council for monitoring the performance of the District
Government;
(f) ensure
that the Monitoring Committees of the Zila Council perform their functions in a
non-intrusive manner without interfering in the day to day working of the
relevant offices of the District Government and do not assume a command and
control role;
(g) review
the Monitoring Committees” quarterly reports on the performance of the District
Government;
(h) elect
an Ethics Committee which shall be responsible for enforcing the code of ethics
for regulating the conduct of the members of the Zila Council;
(i) elect
an Insaf Committee which shall facilitate access of the people to the Member
Inspection Team of the Lahore High Court for redressing their grievances;
(j) elect a
Sports and Culture Committee which shall promote sports and cultural events in
the District and youth participation in healthy pursuits;
(k) elect
the members of the Zila Council for representation in the Islamabad District
Public Safety Commission;
(l) elect a
Zila Accounts Committee;
(m)
constitute Farm Produce Market Committee under the relevant law;
(n)
approve the proposals of the District Government for changes in the number of
posts of officials and employees of the decentralised offices of District
Administration as part of the budget statement;
(o) approve
posts for the office staff of the Zila Nazim and staff of the Zila Council:---
Provided that no post of advisor, special assistant, press or
political secretary to the Zila Nazim shall be sanctioned or approved;
(p) make
recommendations to the City District Government for enhancement of the care of
disabled persons, paupers, aged, sick, persons of unsound mind, abandoned
minors, juvenile delinquents, drug dependants, abused children, needy and
disadvantaged persons;
(q) approve
honoraria, travelling and daily allowances of the Zila Nazim, Naib Zila Nazim,
Union Nazims, Naib Union Nazims and members of the Councils:---
Provided that the honorarium and rates of travelling and daily
allowances shall be fixed with the approval of the Government and any change
thereof authorised by the Zila Council shall be applicable to the succeeding
Nazims, Naib Nazims and members of the Councils;
(r) review
the performance reports of the City District Government presented by the Zila
Nazim;
(s) review
the audit reports and comments thereon by the Zila Accounts Committee;
(t) review
measures for flood relief;
(u) require
the City District Government to undertake measures for good governance and
improvement in the delivery of services;
(v) approve
proposals for master plans, zoning, land use plans, including classification
and reclassification of land, environment control and ecological balances for
consideration and approval of Federal Capital Commission;
(w) review
implementation of rules and bye-laws;
(x) approve
proposals of the City District Government for public transport and mass transit
systems, construction of express-ways, flyovers, bridges, roads, streets and
under passes;
(y) approve
development schemes for beautification of areas along rivers and dams; and
(z) review
development of integrated system of water reservoirs, water sources, treatment
plants, drainage, liquid and solid waste disposal, sanitation and other
municipal services.
33. Conduct
of the business of the Zila Council.–(1)
The Zila Council shall regulate its business in accordance with the
by-laws made by it.
(2) The Zila Council shall meet at
least once in every month and shall be in session for at least fifty
accumulated days in a year.
(3) Save as otherwise provided, decisions of
the Zila Council shall be taken by resolutions passed by a simple majority of
the members present and voting and a copy of each resolution shall be
transmitted to the Federal Capital Commission.
(4) The Naib Zila Nazim shall be the
Convener of the Zila Council and shall preside its meetings.
(5) In its first session, the Zila Council
shall elect a panel of presiding officers, in order of precedence, of not less
than three members who shall, in the absence of, or in the case where a motion
for recall of the Naib Zila Nazim has been moved, preside
over the meetings of the Zila Council.
(6) The quorum of the meetings of the Zila
Council shall be fifty-one percent of its total membership.
(7) The meetings of the Zila Council shall
be open to public, unless the
Council, by a resolution, decides to hold
any meeting in camera.
(8) The minutes of the meetings of
the Zila Council shall be recorded and maintained by the Secretariat
of the Zila Council.
34.
Address of the Zila Nazim.–(1) At the commencement of
first session of the Zila Council after its election and on commencement of
first session of every year, the Zila Nazim shall address
the ZilaCouncil and shall inform the Council of his plans
and programmes for the said year and, as the case may be, the performance
of the City District Government during the preceding year.
(2) Notwithstanding anything contained in
sub-section (1), the Zila Nazim may address the Zila Council, whenever he
may deem deem necessary, to associate
the Zila Council in functioning of the City District Government.
35.
Joint Committee of Councils. The Zila Council
may, with the consent of Union Councils set up joint committees of the Councils
for deliberation of matters in which such Councils may be
jointly interested and may delegate to such joint committees any power
which may be exercised by them, including the power to make bye-laws for their
functioning.
36.
Setting aside a resolution of the Zila Council.–(1)
On a motion initiated by the Government, the National Assembly may, by a
resolution stating the grounds thereof passed by simple majority of its
total membership, set aside a resolution of the Zila Council, if it
considers the same to be against the interest of the people or public policy.
(2) The result of the resolution
of the National Assembly referred to in sub- section (1) shall be notified
in the official Gazette.
37. Resignation of the Naib Zila Nazim. The Naib Zila Nazim may
resign from office by tendering resignation in writing addressed to
the Zila Nazim.
38.
Recall of the Naib Zila Nazim.–(1) If in the
opinion of a member of the Zila Council, there is a reason to believe
that the Naib Zila Nazim is acting against the public policy or the interest of
the people, or for any other reason, he may, seconded by another member of the
Council, give a notice to move a motion in the Zila Council through
its presiding officer, in order of precedence, for recall of
the Naib Zila Nazim.
(2) On receipt of notice referred to in
sub-section (1), the presiding officer in the panel referred to in sub-section
(5) of section 33 shall summon a session of the Zila Council not earlier than
three days or not later than seven days, if the Zila Council is not
already in session.
(3) Where the Zila Council is already
in session, the motion referred to in sub-section (1) shall be taken up for
deliberations on the next day from its receipt.
(4) If the motion referred to in sub-section
(1) is approved by majority of the votes of its total membership through a
secret ballot, the Election Authority shall cause a vote to be cast by the
members of Union Councils in the district.
(5) Where the motion is approved by simple
majority of the members of the Union Councils in the district present and
voting, the Naib Zila Nazim shall cease to hold office
from the date of notification to be issued in this behalf by the Election
Authority.
(6) Where the motion fails in the Zila
Council, the propose and secondary of such motion shall lose their seats both
as Union Nazims and members of the Zila Council.
(7) The Naib Zila Nazim shall have the right
to appear before the Zila Council and address it in his defence.
(8) No motion for recall of Naib Zila Nazim
shall be moved during the first year of assumption of office of Naib Zila Nazim
nor shall such motion be repeated before the expiry of one year from the
rejection of previous motion.
39. Power of the Zila Council to elect
officiating Zila Nazim. In
case the office of the Zila Nazim falls vacant by reason of his death,
resignation or removal, the Zila Council shall elect one of its members to be
the officiating Zila Nazim till a new Zila Nazim is elected
under the provisions of section 131:---
Provided that the Naib Zila Nazim shall
convene the meeting of the Zila Council for the election of officiating
Zila Nazim within ten days from the death, resignation or removal of
the Zila Nazim, as the case may be:---
Provided further that the officiating Nazim
shall not be a candidate for the office of the Zila Nazim in the
election for the Zila Nazim.
CHAPTER V
UNION ADMINISTRATION
40. Composition of Union Administration. There shall be constituted a Union
Administration for every Union which shall be a body corporate and consist of
Union Nazim, Naib Union Nazim and not more than three Union
Secretaries and, where required, the members of ancillary staff.
41.
Structure of Union Administration.–(1) The Union Nazim shall be
the head of the Union Administration.
(2) The Naib Union Nazim shall deputies
the Union Nazim during his temporary absence.
(3) The Union
Secretaries, under the supervision of the Union Nazim, shall coordinate and
facilitate in community development, functioning of the Union Committees and
delivery of such municipal services as may be assigned to the Union
Administration:---
Provided that functions of the
(4) The Union Nazim may declare one of the
Secretaries of the Union Administration to act as the Principal Accounting
Official of the Union Administration.
42. Functions of the Union Administration. The functions of Union Administration
shall, subject to sub-section (3) of section 41, be,---
(a) to
collect and maintain statistical information for socio-economic surveys;
(b) to
consolidate village and neighbourhood development needs and priorities them
into union-wide development proposals with the approval of the Union Council
and make recommendations thereof to the City District Government;
(c) to
identify deficiencies in the delivery of services and make recommendations for
improvement thereof to the City District Government;
(d) to
register births, deaths and marriages and issue certificates thereof;
(e) to make
proposals to the Union Council for levy of rates and fees specified in the
Part-II of the Second Schedule and to collect such rates and fees within the
(f) to
establish and maintain libraries;
(g) to
organize inter-Village or inter-Neighbourhood sports tournaments, fairs, shows
and other cultural and recreational activities;
(h) to
disseminate information on matters of public interest;
(i) to
improve and maintain public open spaces, public gardens and playgrounds;
(j)
to provide and maintain public sources of drinking water, including wells,
water pumps, tanks, ponds and other works for the supply of water other than
those maintained by the City District Government;
(k) to
maintain the lighting of streets, public ways and public places through mutual
agreement with the City District Government;
(l) to
arrange facilities for the handicapped, destitute and poor;
(m) to
provide protection against stray animals and animal trespass, and to establish
cattle pounds;
(n) to
regulate grazing areas;
(o) to
assist the relevant authorities in disasters and natural calamities, and in
relief activities, including de-silting of water courses;
(p) to
co-operate with the public, private or voluntary organisations, engaged in
activities similar to those of the
(q) to
execute the projects of the approved Union annual development plan by
contracting out to the private sector in the manner as may be prescribed and to
obtain support of the City District Government for such execution; and
(r) to
assist the Village Councils or, as the case may be, Neighbourhood Councils in
the
43. Assignment of functions to Village or
Neighbourhood Council.
The Union Administration may, subject to such terms and conditions as may be
mutually agreed, assign any of its functions to Village or Neighbourhood
Council:---
Provided that responsibility for discharge
of such functions shall continue to vest with the Union Administration:---
Provided further that no function or
responsibility shall be transferred without allocation of corresponding
resources and funds.
44. Entrustment of functions by City
District Government.
The Union Administration may, with the mutual agreement with the City District
Government, subject to the provision of section 27, and the funds raised by it
through voluntary contributions, undertake development projects or functions of
the City District Government:---
Provided that no
additional user charges or fees shall be collected from the population
benefiting from such projects and functions:---
Provided further that for carrying out such
functions or completion of such projects, the Union Administration shall not
have recourse to public funds or incur any debt.
45. The Government to prescribe powers of
Union Administration.
The administrative, financial and regulatory powers of the Union Administration
shall be prescribed by the Government.
46. Functions of Union Nazim. A Union Nazim shall,–--
(a) provide
leadership for Union-wide development and preparation of budget and the annual
development plan;
(b) organise
the management of inter-village municipal infrastructure;
(c) assist
the City District Government in spatial planning process;
(d)
constitute Musalihat Anjuman;
(e) dispose
of the business of Union Administration; and
(f) report
to the concerned authorities in respect of–
(i) encroachment on State and local government
property and violation of land use and building laws, rules and bye-laws;
(ii) sale and trade of dangerous and offensive
articles;
(iii) environmental and health hazards;
(iv) adulteration of articles of food; and
(v) breach of public watercourses, within the
area of the
47. Personal responsibility of Union Nazim. The Union Nazim shall be personally
responsible for any loss, financial or otherwise, flowing from the decisions
made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force
and for any expenditure incurred without lawful authority.
48. Setting aside decision of Union Nazim.–(1) On a motion initiated by
the Zila Nazim, the Zila Council, by a resolution stating
the grounds thereof passed by a simple majority of its total membership,
may set aside an order or decision taken by Union Nazim, if it considers the
same to be against the interest of the people or public policy.
(2) The result of the resolution referred to
in sub-section (1) shall be notified by the Zila Council.
49. Resignation
by Union Nazim. The
Union Nazim may resign from his office by tendering resignation in
writing addressed to the Naib Zila Nazim.
50. External Recall of Union Nazim.–(1) If there is reason to believe that a
Union Nazim is working against the public policy or the interest of the people,
the Zila Nazim may move a resolution in
the Zila Council to recall a Union Nazim.
(2) If a resolution is passed by a majority
of the total membership of the Zila Council, the Election Authority shall
cause the resolution referred to in sub- section (1) to be voted upon by the
members of the Union Council, Village Councils and Neighbourhood Councils in
the
(3) Where the Union Council, Village
Councils and Neighbourhood Councils approve the resolution referred to in
sub-section (2) by a simple majority of their total membership, the Union Nazim
against whom the resolution is approved shall cease to hold office from
the date of approval of such resolution.
(4) Nothing contained in sub-sections
(1) and (2) shall affect the provisions of section 110 in respect of recall of
Union Nazim.
51.
Internal recall of Union Nazim.–(1) If in the opinion of a
member of Union Council, there is a reason to believe that the
Union Nazim is acting against the public policy or the interest of
the people or on the ground of inaction or neglect to serve the needs of the
people, he may, seconded by another member of the Council, give a notice to
move a motion in the Union Council for recall of Union Nazim.
(2) On receipt of notice referred to in
sub-section (1), the Naib Union Nazim shall summon a session of Union
Council within three days if the Union Council is not already in session.
(3) Where the Union
Council is already in session, the motion referred to in sub-section (1) shall
be taken up for deliberations on the next day from its receipts in the Union
Council.
(4) If the motion referred to in sub-section
(1) is approved by a majority of the votes of the total membership of the Union
Council through a secret ballot, such motion shall be caused by the election
authority to be voted upon by members of the Village Councils and Neighbourhood
Councils in the Union and if such motion is approved by a simple majority of
the total members of the Village Councils and Neighbourhood Councils, the Union
Nazim shall cease to hold office from the date of notification to be issued by
the City District Government under sub-section (6).
(5) Where the motion fails in the Union
Council, the proposer and the seconder of such motion shall lose their seats as
members of the Union Council.
(6) The City District Government shall
notify the result of the approval of the motion.
(7) The Union Nazim shall have the right to
appear before the Union Council and address it in his defence.
(8) No motion for recall of Union Nazim
shall be moved during the first year of assumption of office of Union Nazim nor
shall such motion be repeated before the expiry of one year from the rejection
of previous motion.
CHAPTER VI
UNION COUNCIL
52. Composition of the Union Council. There shall be a Union Council in each
Union comprising twenty-one following members elected directly in accordance
with section 122:---
(a) twelve
members, elected to general seats, including four reserved for women;
(b) six
members, elected to seats reserved for peasants and workers, including two
reserved for women;
(c) one
member elected to a seat reserved for minority communities; and
(d)
Union Nazim and Naib Union Nazim elected as joint candidates:
Provided that in a Union where the
population of minorities in excess of ten percent of the total population of
the Union, reserved seats for minority communities mentioned in clause (c)
shall be allocated in the manner prescribed by the Government.
53. Functions of the Union Council. The functions of the Union Council shall be
to,---
(a) approve
the annual development plan and budgetary proposals of the Union
Administration;
(b) approve
rates and fees specified in Part-II of the Second Schedule proposed by the
Union Administration;
(c)
facilitate the formation and functioning of Citizen Community Boards;
(d) assist
the City District Government in creation of Village and Neighbourhood Councils;
(e)
facilitate the formation of co-operatives for improving economic returns and
reduction of interstitial poverty;
(f)
mobilise the community involvement in maintenance of public ways, public
streets, culverts, bridges and public buildings, de-silting of water courses
and other development pursuits;
(g) promote
plantation of trees, landscaping and beautification of public places in the
(h) assist
District Administration in establishment and maintenance of burial and
cremation places;
(i) approve
the terms and conditions of the employment of Village or Neighbourhood guards
and oversee their functioning;
(j) adopt
appropriate measures and provide support to the City District Government for
achievement of socio-economic development and improvement of services;
(k) elect
Monitoring Committees of the Union Council, for municipal services, finance,
public safety, health, education, literacy, works and services;
(l)
elect an Ethics Committee of the Union Council which shall be responsible for
enforcing the code of ethics to regulate the conduct of the members of the
Council;
(m) elect a
Union Accounts Committee which shall be responsible for examination of the
audit reports;
(n) elect
an Insaaf Committee which shall be responsible for the selection of the panel
of Conciliators of Musalihat Anjuman for out of court amicable settlement of
disputes;
(o) review
the performance of Union Administration and Union Monitoring Committees; and
(p) review
the annual statement of accounts and external or special audit reports in
respect of the Union Administration.
54. Conduct of the business of Union Council.–(1) The Union Council shall regulate its
business in accordance with the by-laws made by it.
(2) The Union Council shall meet at least
once in every month.
(3) All decisions of the Union Council shall
be taken by resolutions passed by a simple majority of its total membership.
(4) All meetings of the Union Council shall
be presided over by Union Nazim and, in his absence, by Naib Union Nazim or, in
absence of both Union Nazim and Naib Union Nazim or where a motion for recall
of Union Nazim or Naib Union Nazim has been moved, by a member elected by the
Union Council from amongst its members present in the meeting.
(5) The quorum of the meetings of the Union
Council shall be fifty-one percent of its total membership.
(6) The meetings of the Union Council shall
be open to public, unless the Union Council, by a resolution, decides to hold
any meeting in camera.
(7) The minutes of the meetings of Union
Council shall be recorded and maintained by an authorized official of the Union
Council.
55. Address of Union Nazim.–(1) At the commencement of first session of
the Union Council after its election and on commencement of first session of
every year the Union Nazim shall address the Union Council and shall inform the
Council his plans and programmes for the said year and the performance of the
Union Administration during the preceding year.
(2) Notwithstanding
anything contained in sub-section (1), the Union Nazim may address the Union
Council whenever he deems necessary to associate or consult the Union Council
in functioning of the Union Administration.
56. Resignation by Naib Union Nazim. The Naib Union Nazim may resign from his
office by tendering resignation in writing addressed to Union Nazim.
57. Recall of Naib Union Nazim.–(1) If in the opinion of a member of Union
Council, there is a reason to believe that the Naib Union Nazim is acting
against the public policy or interest of the people or for any other reason, he
may, seconded by another member of the Council, move a motion in the Union
Council for recall of Naib Union Nazim.
(2) On receipt of notice referred to in
sub-section (1), the Union Nazim shall summon a session of Union Council within
three days, if the Union Council is not already in session.
(3) Where the Union Council is already in
session, the motion referred to in sub-section (1) shall be taken up for
deliberation immediately on its receipt in the Union Council.
(4) If the motion referred to in sub-section
(1) is approved by a majority of the votes of its total membership through a
secret ballot, the Naib Union Nazim shall cease to hold office on approval of
the motion by the Union Council.
(5) Where the motion fails in the Union
Council, the proposer and seconder of such motion shall lose their seats as
members of the Union Council.
(6) The City District Government shall
notify the result of the approval of the motion by the Union Council.
(7) The Naib Union Nazim shall have the
right to appear before the Union Council and address it in his defence.
(8) No motion for recall of Naib Union Nazim
shall be moved during the first year of assumption of office of Naib Union
Nazim nor shall such motion be repeated before the expiry of one year from the
rejection of previous motion.
58. Joint Committee of Councils. The Union Council may, with the consent of
the Zila Council or adjoining Union Council set up Joint Committee of the
Councils for any purpose in which such Councils may be jointly interested and
may delegate to such joint committee any power which may be
exercised by them, including the power to make bye-laws for their functioning.
CHAPTER VII
VILLAGE AND NEIGHBOURHOOD COUNCILS
59. Declaration of Village and Neighbourhood
Councils. Within ninety
days of the assumption of office, upon a proposal of the City District
Government, the Zila Council may determine and declare by notification a
Village or a Neighbourhood in the District to have a Village Council or, as the
case may be, the Neighbourhood Council and number of members to be elected for
such Councils.
60. Composition of Village Council and
Neighbourhood Council.–(1)
The number of members of Village Council and Neighbourhood Council shall be
five to eleven members each:---
Provided that in each Council one seat shall
be reserved for women and one seat for peasants and workers.
(2) The Village Council and Neighbourhood
Council shall each be headed by a Chairman who shall be the person securing
highest number of votes in the election of Village Council or, as the case may
be, Neighbourhood Council.
(3) The Union Nazim shall allocate the work
relating to the Village Councils and Neighbourhood Councils in the
(4) Every Village Council and Neighbourhood
Council shall be a body corporate.
61. Election of Village Council and
Neighbourhood Council.–(1)
The City District Government shall, within ninety days after declaration of
Villages and Neighbourhoods, conduct the elections of Village Councils and
Neighbourhood Councils as may be prescribed.
(2) The vacancies of
the members of the Village Council or, as the case may be, Neighbourhood
Council referred to in section 59 shall be filled in by the persons securing
highest number of votes.
(3) The term of office of the Village
Council and Neighbourhood Council shall correspond to the term of office of the
Union Council concerned provided that the Village Council
and Neighbourhood Council shall continue in office until replaced by a new
Village Council or, a Neighbourhood Council, as the case may be.
62. Functions of Village Council and
Neighbourhood Council.–(1)
The Village and Neighbourhood Councils shall, perform such functions as may be
assigned to them by the Union Administration, which may include,---
(a)
the development and improvement of water supply sources;
(b) the
arrangements for sanitation, cleanliness and disposal of garbage and carcasses;
(c)
the development of sites for drinking and bathing of cattle; (d) taking
measures to prevent contamination of water;
(e)
preventing and abating nuisances in public ways, public streets and public
places;
(f)
organising watch and ward in the Village and Neighbourhood through unarmed
Village or Neighbourhood guards;
(g)
organising Village and Neighbourhood sports teams, cultural and recreational
activities;
(h)
mobilising voluntary resources, including physical labour, property and cash
contributions for municipal activities in the Village and Neighbourhood;
(i)
facilitating the formation of co-operatives for improving economic returns and
reduction of interstitial poverty and consumer protection;
(j)
reporting cases of handicapped, destitute and of extremely poor people to the
Union Administration;
(k)
mobilising the community for maintenance of public streets, play grounds,
parks, culverts and public buildings, de-silting of watercourses; and
(l)
promoting plantation of trees, landscaping and beautification of the Village
and Neighbourhood.
(a)
conducting surveys in the Village and Neighbourhood and collecting
socio-economic data;
(b)
selecting sites for providing municipal facilities and services to the Village
or Neighbourhood;
(c)
identifying encroachments;
(d)
managing burial places and cremation grounds; and
(e)
managing and lighting of Village or Neighbourhood roads, streets, and
paths.
(2) Village Council and Neighbourhood
Council shall facilitate creation of the Citizen Community Boards for
development and maintenance of municipal and community welfare facilities.
CHAPTER VIII
CITIZEN COMMUNITY BOARD
64. Composition of Citizen Community Board.–(1) In every local area, a group of twenty
five or more non-elected citizens may, through voluntary, proactive and self
help initiatives, set up any number of Citizen Community Boards for purpose
of,---
(a)
energizing the community for development and improvement in service delivery;
(b)
development and management of a new or existing public facility;
(c)
identification of development and municipal needs;
(d)
mobilization of stakeholders for community involvement in the improvement and
maintenance of facilities;
(e) welfare
of the handicapped, destitutes, widows and families in extreme poverty;
(f)
establishment of farming, marketing and consumers cooperatives; and
(g)
reinforcing the capacity of Monitoring Committees at the behest of the
concerned council.
(2) No person shall be eligible to set up a
Citizen Community Board or become its member or hold the office of the
Executive Committee, Chairman or Secretary of the Citizen Community Board, if
he,---
(a)
is a minor; or
(b) is of
unsound mind and has been so declared by a competent court; or
(c)
is an undischarged insolvent; or
(d) has
been convicted by a court of competent jurisdiction on a charge of corrupt
practice, moral turpitude or misuse of power on authority under any law for the
time being in force; or
(e) has
been dismissed from the service of Pakistan or service of a corporation or
office set up or controlled by the Federal Government, Provincial Government or
a local government on the grounds of misconduct involving moral turpitude; or
(f) is a
defaulter of a loan 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 remains unpaid for more than one year from the due date,
or has got such loan written off; or
(g) his
spouse or any of his dependents has defaulted in payment of government dues and
utility expenses, including telephone, electricity, gas and water charges in
excess of ten thousand rupees, for over six months.
(2) The Citizen Community Board shall be
registered with the registration authority, and carry on its functions and
activities subject to such rules as may be prescribed.
(3) The Citizen Community Board shall have a
general body of its members who shall elect an Executive Committee which shall
include Chairman, Secretary and office bearers for carrying out its functions.
(4) The term of office
of the Executive Committee shall be two years extendable through election for a
similar term or terms by the general body.
65. Raising of funds by Citizen Community
Board.–(1) A Citizen
Community Board may raise funds through voluntary contributions, gifts,
donations, grants and endowments for its declared purposes without
compromising the larger interest of the community.
(2) A Citizen Community Board may also
receive project-based cost sharing support from any local government in
accordance with the provisions of this Ordinance.
(3) All funds of the Citizen Community Board
shall be kept in a bank or post office and all transactions shall be made
through cheques.
(4) The bank accounts of the Citizen
Community Board shall be operated jointly by the Chairman and the Secretary.
(5) The accounts of the Citizen Community
Board shall be maintained by the Secretary.
(6) The accounts of the Citizen Community
Board shall be subject to audit as may be prescribed by the Auditor
General.
66. Citizen Community Board to be a
non-profit organization.–(1)
A Citizen Community Board shall be a non-profit organization and its income and
assets shall be used solely for the attainment of its objectives.
(2) The properties and income of a Citizen
Community Board shall vest, and be held, in the name of its Executive
Committee.
(3) A Citizen Community Board shall
sue and be sued in the name of its Executive Committee.
(4) The Executive Committee shall be
responsible for any loss caused to the Citizen Community Board.
(5) No portion of the income of a Citizen
Community Board shall be paid by way of salary, dividend, profit or bonuses or
otherwise distributed to any of its members or contributors, whether past or
present.
(6) If a Citizen Community Board is not
carrying on its functions and activities in accordance with this Ordinance and
Rules made thereunder, the registration authority may appoint
an administrator, with such powers and functions functions
as the registration authority deems appropriate, to run its affairs, take over
its assets, or for the disposal of any other matter.
(7) Where a local government has contributed
towards creation of any assets or funds of a Citizen Community Board, in case
of dissolution or de- registration, its assets shall pass on to such local
government and the assets shall continue to be used for community welfare by the
local government through any of its agencies or any other Citizen Community
Board designated by such local government in this behalf.
CHAPTER IX
MUSALIHAT ANJUMAN
67. Constitution
of Musalihat Anjuman.–(1) In
each Union, a Musalihat Anjuman shall be constituted consisting of a panel
of three Musaleheen (Conciliators) one of whom shall be its Convener,
to be selected by the Insaf Committee of the Union Council, within thirty
days after its election, from amongst the residents of the Union who are
publicly known to be persons of integrity, good judgment and command
respect:---
Provided that the Union Nazim, Naib Union
Nazim or the members of the Union Council may not be appointed
as Musaleheen (Conciliators).
(2) Any casual vacancy in the panel of
Musaleheen (Conciliators) shall be filled by the Insaf Committee, as
soon as practicable.
(3) The Musaleheen (Conciliators) shall be
selected for the term of the Union Council or until replaced earlier:---
Provided
that Musaleheen (Conciliators) shall be eligible for re-selection.
(4) Where in the opinion of the Insaf
Committee, a Musleh (Conciliator) is accused of consistent partiality and
malpractices in performance of his functions, the Insaf Committee may,
subject to notice to show cause, remove such Musleh (Conciliator) and
select another Musleh (Conciliator) in his place.
68.
Encouragement for amicable settlement of disputes. The
Union Nazim, members of the Insaf Committee and Musaleheen (Conciliators)
shall use their good offices to achieve the amicable settlement of
disputes amongst the people in the Union through mediation, conciliation and
arbitration, whether or not any proceedings have been
instituted in a court of law in respect of such disputes:---
Provided that such settlement shall be
carried out in such cases where all parties to the dispute agree thereto and no
fee shall be charged for such settlement.
Explanation.– For the purpose of this section, the
expression ‘dispute” relates to disputes amongst the individuals, whether of
civil or criminal nature.
69. Courts may refer cases
to Musalihat Anjuman.–(1)
Any court of competent jurisdiction may, in a case where it deems appropriate,
refer a matter to the Musalihat Anjuman through the
UnionNazim for settlement.
(2) The court making a reference
to Musalihat Anjuman for settlement of a dispute under sub-section (1) may
lay down the procedure for summoning the parties to the dispute, the terms of
reference, the period during which settlement is to be made, the manner in
which report of the settlement is to be submitted and such other matters as it
may deem appropriate for resolution of the dispute.
(3) Where on a reference made by the court
under sub-section (1), the dispute is settled between the parties, the court
may make such settlement as rule of the court.
(4) The Musalihat Anjuman shall inform the
court if the dispute is not settled within the time fixed by the court or, may
ask for extension in time for settlement of the dispute.
70. Appointment
of Musleh (Conciliator) for individual cases. Where in a dispute the parties request
for appointment of a person other than the Musaleheen (Conciliators)
in the panel referred to in section 67 in a particular case as
a Musleh (Conciliator), the Union Nazim may, in consultation with
the Insaf Committee, appoint such person
as Musleh (Conciliator) for that case.
71. Procedure of settlement of disputes.–(1) The Convener of
the Musalihat Anjuman selected under section 67 shall,---
(a) convene
meetings of the Musalihat Anjuman as necessary and at such place or places
in the
(b)
conduct the proceedings in an informal manner as he considers with the object
to bring an amicable settlement between the parties.
(2) No legal practitioners shall be
permitted to take part in the proceedings on behalf of any party.
(3) The report of the Musaleheen
(Conciliators) shall be recorded in writing and copies thereof shall be
provided to the parties attested by the Secretary of the
CHAPTER X
LOCAL GOVERNMENT FINANCE
72. Establishment of Funds and Public
Accounts.–(1) There
shall be established a District Fund for the City District Government and a
Union Fund for each Union Administration.
(2) All revenues received by a local
government shall form part of the respective local government fund, including:---
(a) monies
transferred by another local government under this Ordinance;
(b) grants
made to, or monies received by, a local government from the Government or other
sources;
(c)
proceeds of taxes or charges levied by a local government under this Ordinance;
(d) rents
and profits payable or accruing to a local government from property vested in
or controlled or managed by it;
(e)
proceeds or any other profits howsoever known or called from bank accounts,
investments or commercial enterprises of a local government;
(f) gifts,
grants or contributions to a local government by individuals or institutions;
(g) fines
paid with respect to offences under this Ordinance or bye- laws or under any
other law for the time being in force in which provision is made for the fines
to be credited to the Funds established under this Ordinance; and
(h)
proceeds from other sources of income.
(3) All other monies
belonging to the public including,---
(a)
receipts accruing from trusts administered or managed by a local government;
(b)
refundable deposits received by a local government; and
(c)
deferred liabilities; shall be credited to the Public Account of the respective
local government.
73. Custody of Funds and Operation of
Accounts.–(1) Monies
credited to the District Fund or the Public Account of the City District
Government shall be kept in separate accounts in the State Bank of
(2) Monies credited to the Union Fund or the
Public Account of a Union Administration shall be kept in separate accounts in
the State Bank or a bank approved by the Government.
74. Application of Funds.–(1) The monies credited to a Fund shall be
expended by a local government in accordance with the budget approved by its
Council.
(2) A local government may transfer approved
budgeted amounts to another local government, Village Council or Neighbourhood
Council or Citizen Community Board, within its local area for carrying out a
project, service or activity.
(3) The development budget shall be
prioritized in accordance with the bottom up planning system as laid down in
section 87:---
Provided
that,---
(a) not
less than twenty five percent of the development budget for new schemes shall
be set apart for Citizen Community Boards to be utilized in accordance with the
provisions of section 87; and
(b) the
amount referred to in clause (a) which remains unspent shall be credited under
the same head in the following year’s budget in addition to the fresh
allocation for that year.
(4) Where a new local government is to take
over during a financial year as a result of fresh elections, the outgoing local
government shall not spend funds or make commitments for any
expenditure, in excess of eight percent per mensum of the budgeted funds
for the remainder of its term in office in that financial year.
(5) In every budget a provision shall
be made for payment of performance incentive bonuses as prescribed.
(6) Each Council shall fix the financial
limit for award of contracts upon respective administration beyond which the contracts
shall be approved by the Council.
75. Charged expenditure. The following expenditure shall be
treated as charged expenditure:---
(a) in
relation to District Fund–
(i) the administrative expenses of
the Zila Council;
(ii) any sum to satisfy any judgment, decree or
award against a local government by any court or tribunal; and
(iii) interest payments;
(b)
in relation to Union Fund–
(i) the administrative expenses of the
Union Council;
(ii) any sum to satisfy any judgment, decree or
award against a local government by any court or tribunal; and
(iii) interest payments.
76. Budget preparation.–(1) The annual budget for each local government
shall contain estimates of,---
(a)
grants-in-aid and monies from the Government or other sources;
(b) amounts
available in the respective Fund;
(c)
expected receipts for the next financial year; and
(d)
expenditures to be incurred in the next financial year.
(2) Before the
commencement of a financial year each local government shall, for its Fund,
prepare in the prescribed manner a budget for that year.
(3) To facilitate the budget preparation by
a local government the Government shall, sufficiently before the beginning of
each financial year, notify the provisional Islamabad Capital Territory Grant
and the share of each local government.
(4) The final Islamabad Capital Territory
Grant and the share of each local government shall be notified by the
Government upon approval of the Federal Government Budget.
(5) No demand shall be made in the budget
except on the recommendation of the concerned Nazim.
(6) Conditional grants from the Government
shall be shown separately in the budget of local governments and shall be
subject to the conditions laid down by Government.
(7) The budgets of Capital Development
Authority and Zila Council shall be included in the budget of the City District
Government and shall be reflected separately.
(8) The budget of the Union
Council shall be included in the budget of the respective Union Administration
and shall be reflected separately.
(9) City District Government and Union
Administrations shall re- appropriate budgetary provisions in accordance with
the re-appropriation powers delegated to them by the respective Council:
Provided that at the end of the financial
year a full statement of all re- appropriations shall be submitted to the
Council.
77. Approval of Budget.–(1) Following the presentation of the
Federal Government Budget but, before the commencement of the next financial
year, each Nazim shall present the budget for approval by the respective
Council:---
Provided that the charged expenditure may be
discussed but shall not be voted upon by the Council.
(2) When a local
government assumes office for the first time during a financial year it shall
within ten weeks, present to the respective Council the budget for the
remaining part of the financial year for approval.
(3) The budget of a local government shall
be approved by a simple majority of the total membership of the respective
Council.
(4) No other business shall be taken up by a
Council during the budget session.
(5) In case a budget is not approved by a
Council before the commencement of the financial year to which it relates, the
concerned local government shall spend money under various heads on
pro rata basis in accordance with the budgetary provisions of the preceding
financial year for a period not exceeding thirty days:---
Provided that a local government shall not
spend funds or make commitments for any expenditure in excess of eight percent
of the amount budgeted in the preceding year.
(6) In case the budget is not passed within
thirty days period the budget shall be prepared, approved and authenticated by
the Government for the full year.
(7) The Government shall notify
the period for which a revised budget shall be prepared by a local government
and approved by its Council.
(8) A budget shall not be approved if,---
(a) the
sums required to meet estimated expenditures exceed the estimated receipts; and
(b)
the provisions of section 87 have not been complied with.
(9) After approval by the Council the
respective Nazim shall authenticate by his signature a schedule specifying,---
(a)
the grants made or deemed to have been made by the Council; and
(b) the
several sums required to meet the expenditure charged upon the respective
Fund.
(10) The schedule so authenticated
shall be laid before the Council, but shall not be open to discussion or
voting.
(11) The schedule so authenticated
shall be communicated to the respective Accounts officials as specified in
section 80.
78. Honoraria
and Allowances. Each
local government shall make budgetary provisions for honoraria and allowances
of the Nazim, Naib Nazim, and members of the Council.
79. Method and Principle of Accounts. The accounts of the receipts and
expenditure of local governments shall be kept in such form and in accordance
with such principles and methods as the Auditor General of
80. Maintenance and Operation of Accounts.–(1) Unless otherwise directed by the
Government, the accounts shall be maintained by the following officers:---
(a)
District Accounts Officer for City District Government.
(b)
Director of Audit and Accounts, Capital Development Authority for the Capital
Development Authority.
(2) One of the Secretaries in the Union
Administration shall be designated by the Union Nazim as the Union Accountant
for maintenance of the accounts of the Union Administration.
(3) The District Accounts Officer and Union
Accountant shall perform pre-audit of all payments from respective funds of the
local governments, with the pre-audit checks prescribed by the Auditor General
of Pakistan:---
Provided that the pre-audit of payments from
Capital Development Authority accounts shall be performed by the Director of
Audit and Accounts, Capital Development Authority.
(4) The cheques of the Union Administration
shall be signed by the respective Union Accountant and Union Nazim.
(5) The budgetary releases for the
development projects of Capital Development Authority shall be transferred by
the Executive District Officer (Finance and Planning) to the Capital
Development Authority Development Account.
(6) The proportionate release of the
non-development budget of Capital Development Authority shall be transferred by
the Executive District Officer (Finance and Planning) to the Capital
Development Authority Revenue Account.
(7) Own source revenue
of Capital Development Authority shall be deposited in the Capital Development
Authority Revenue Account provided that the Capital Development Authority”s receipts
from the public for sector development shall be deposited in the Capital
Development Authority’s Self Financing Account and shall only be used for that
purpose.
(8) The District Accounts Officer
shall consolidate the compiled accounts of City District Government,
Capital Development Authority and the Union Administrations.
81. Accounts Committee.–(1) A statement of monthly and annual
accounts shall be placed at a conspicuous place by each local government for
public inspection.
(2) The respective Accounts Committee of
each Council shall hold public hearings in which objections to statement of
accounts referred to in sub-section (1) above may be heard and appropriate
action taken; and external audit reports shall be discussed for appropriate
action.
82. Audit.– (1) The Auditor General shall, on the basis
of such audit as he may consider necessary, certify the accounts, compiled and
prepared by the respective accounts official of the local governments for
each financial year, showing under respective heads the annual receipts and
disbursements and shall forward the certified accounts with such notes,
comments or recommendations as he may consider necessary to the President.
(2) The President shall require the
Government to cause the audit report to be laid before the respective Council,
which shall refer it to its Accounts Committee for examination.
(3) The audit report shall be placed at a
conspicuous place by the concerned local government for public inspection.
(4) The Auditor General or any official
appointed by him, for conducting an audit of a local government shall have
access to all the books and documents pertaining to the accounts and may
also examine any public servant or premises of the local government
concerned.
(5) Upon request of a
Nazim, the Auditor General shall cause a special audit of respective local
government’s accounts to be undertaken and shall forward his report to the
Nazim who shall cause the same to be submitted to the respective Council for
necessary action.
83. Internal Audit. The Internal Auditor appointed by the Zila
Nazim shall serve as a principal support person to the Zila Nazim for improving
governance by ensuring that the internal checks and controls are being complied
with.
84. Taxes to be Levied.–(1) A Council may levy taxes, cesses, fees,
rates, rents, tolls, user charges and surcharges specified in the Second
Schedule:---
Provided that the Government shall vet the
tax proposal prior to approval by the concerned Council:---
Provided further that the tax proposal shall
be vetted within thirty days from the date of receipt of the proposal failing
which it shall be deemed to have been vetted by the Government.
(2) No tax shall be levied by the Council
without previous publication of the tax proposal and inviting public objections.
(3) A Council may increase, reduce, suspend
or abolish a tax subject to sub-section (1).
85. Property Tax.–(1) On the commencement of this Ordinance,
the whole of the
(2) The Zila Council shall, with the prior
approval of the Government, determine the rate of Property Tax in the
Provided that, unless varied, the existing
Property Tax rates, wherever applicable in the
86. Collection of Taxes.–(1) All taxes levied under this Ordinance
shall be collected as prescribed.
(2) Failure to pay any tax and other monies
claimable under this Ordinance shall be recovered as arrears of land revenue.
(3) Notwithstanding
the provisions of sub-section (2), the Federal Government may empower a local
government to recover arrears of taxes and any other monies payable to the
local government under this Ordinance by distress and sale of the movable
property belonging to the person concerned or by attachment and sale of the
immovable property belonging to him.
(4) The Federal Government may, by rules,
specify the officials or classes of officials by whom the power under
sub-section (3) shall be exercised and prescribe the manner in which it shall
be exercised.
87. Bottom up Planning.–(1) Before the beginning of the financial
year each local government shall lay down and announce the classification of
development schemes to be undertaken by Citizen Community Boards under the
provisions of this section.
(2) A local government may grant to the
Citizen Community Boards within its local areas, up to eighty percent of an
approved development scheme in the prescribed manner:---
Provided that a scheme shall be deemed to be
an approved scheme if,---
(a) the
official procedure for estimating the cost of the scheme has been followed;
(b)
the complete estimates and the proof of deposit of the Citizen Community
Board”s contribution are attached; and
(c)
the Council has approved the scheme.
(3) The grant referred to in sub-section (2)
above shall be spent from the reserved twenty five percent of the annual
development budget for new schemes as provided in section 74 (3)(a).
Any amount, which remains unspent, shall be credited under the same head
in the following year’s budget in addition to fresh allocation for that year.
(4) A cut off date for submission of all
schemes proposed by the Citizen Community Boards shall be announced by each
local government before the presentation of its budget.
(5) Each local government shall authorize an
official to draw up a statement specifying the schemes submitted by the cut off
date specified in sub- section (4) above by classification including the total
amount of contributions for a particular classification of schemes.
(6) A second statement shall determine
contributions for a particular classification of schemes as a ratio of the
total contributions for all schemes submitted with a particular local
government for that year and the statement shall be used to determine amounts
of allocations for a classification of schemes from the budget reserved for the
purpose.
(7) A third statement shall be drawn up
which shall identify the number of schemes submitted in a particular
classification, beginning with the scheme containing the highest contribution
by a Citizen Community Board in a classification until all the schemes in the
classification are selected or the funds allocated for the particular
classification in the amount determined in sub-section (6) above are exhausted.
(8) The twenty five percent funds for
Citizen Community Boards under section 74 (3)(a) shall be communicated to the
authorized official under sub-section (5) above by the Executive District
Officer (Finance and Planning) for the City District Government and the
concerned Union Secretary for a Union Administration.
(9) The Citizen Community Board schemes
identified in sub-section (7) shall be included in the budget.
(10) The schemes approved by the respective
Councils shall be implemented as prescribed.
88. Local Governments not to incur Debt.–(1) No local government shall incur debt
without the prior approval of the Government.
(2) No monies of the local government shall
be invested or dis-invested without the prior approval of the Government.
89. Establishment of
(2) The Finance Committee shall consist of
the following members,---
(a) four
members from the government, namely,---
(i)
Secretary, Interior Division who shall be the Chairman
(ii)
Secretary, Local Government and Rural Development Division;
(iii)
Secretary, Finance Division; and
(iv)
Secretary, Planning and Development Division;
(b) Two
professional members from the private sector to be appointed by the Chief
Executive of the Federal Capital;
(c) the
Zila Nazim
(d) one
Union Nazim nominated by the Chief Executive of Federal Capital on rotation
basis for a term not exceeding one year;
(e)
Chairman, Capital Development Authority; and
(f) the
District Coordination Officer.
Explanation: For the purposes of this Chapter a “member
from private sector” means a person who is not in the service of
(3) An officer not below the rank of Joint
Secretary in the Interior Division, shall be the Secretary of the Finance
Committee.
(4) The Secretariat of the Finance Committee
shall be in the Interior Division.
(5) The term of office and other terms and
conditions of the professional members of the Finance Committee shall be as
specified in the Third Schedule.
(6) The professional
members of the Finance Committee shall be experts in economics, finance or
public administration, each possessing a post graduate degree, or a Chartered
Accountant or a Cost and Management Accountant, and having at least ten
years practical experience in the related field.
(7) No proceedings or act of the Finance
Committee shall be invalid merely on the ground of existence of a vacancy other
than that of a professional member or defect in the composition of the Finance
Committee.
90.
Functions, duties and powers of the Finance Committee.–(1) The
functions, duties and powers of the Finance Committee shall be,---
(a) to
assess the annual financial requirements of all the local governments in
(b) to
recommend for each financial year to the Federal Government the annual amount
for the purpose of the current and development expenditure of all the local
governments in
Provided that the Islamabad Capital Territory Grant shall have
two components; one for Islamabad City District Government, inclusive of
Capital Development Authority, and the other for the Union Administrations;
(c)
to devise a formula for the distribution of the Unions” share in
the Islamabad Capital Territory Grant amongst the Union
Administrations:
Provided that the formula notified by the Chief Executive of
the Federal Capital in accordance with the recommendations of the Finance
Committee shall be valid for a period of three years;
(d) to
monitor the distribution of the Islamabad Capital Territory Grant; and
(e) any
other matter relating to local government finance referred to the Finance
Committee by the Federal Government, Chief Executive of the Federal Capital,
Federal Capital Commission or a local government.
(2) Before finalization of the
recommendations the Finance Committee shall hold consultations with the local
governments, relevant Ministries of the Federal
Government, and in the discretion of the Finance Committee, with any other body
or person.
(3) The Finance Committee shall meet at
least once in a quarter.
(4) The Finance Committee shall take all
decisions by a majority of members present and voting.
(5) The Finance Committee shall prepare and
publish a quarterly report and an annual report on fiscal transfers and local
government resources.
91.
Provided that,---
(i) no part
of the Islamabad Capital Territory Grant shall be a conditional grant; and
(ii)
formula notified by the Chief Executive of the Federal Capital shall not be
changed.
(2) In addition to the Islamabad Capital
Territory Grant the Federal Government may on its own or on a request from the
Chief Executive of the Federal Capital provide grants subject to such
conditions as the Federal Government may determine.
(3) In each financial year, at least three
months before the finalization of the Federal Budget, the Federal Government
after receiving the recommendations of the Finance Committee shall communicate
the provisional Islamabad Capital Territory Grant and the share of each local
government.
(4) The share of each local government shall
be reflected separately in the Federal Budget.
92.
Application and revision of
(2) At least four months before the end of
the validity period, the Finance Committee shall recommend a new formula for
the distribution of the Islamabad Capital Territory Grant for the next period.
(3) In case the formula for the next period
is not finalized in time, the formula in force shall continue to serve as the
determinant of the shares of the local governments, till such time that a new
formula is finalized.
93. Obtaining of Data.–(1) The Finance Committee may, where it
deems appropriate, institute data collection or recommend collection of such
data to the Government.
(2) All governmental agencies shall provide
information and data as required by the Finance Committee.
94. Certification of flow of funds to local
governments. The
Ministry of Finance and the local governments shall provide reports to the
Finance Committee as required.
95. Reference by local governments to the
Finance Committee. The
local governments may bring to the notice of the Finance Committee any matter
connected with fiscal transfers and local government finance.
CHAPTER XII
LOCAL GOVERNMENT PROPERTY
96. Succession of the properties, assets and
liabilities.–(1) On
coming into being of the Union Administrations, the properties, assets and
liabilities of the Union Councils under the Capital Territory Local Government
Ordinance, 1979 (XXXIX of 1979), shall be succeeded by the respective Union
Administration:---
Provided that the discharge of liabilities
of the decentralised offices shall remain with the Federal Government.
(2) The successor
local governments shall, subject to policy of the Federal Government or
contractual obligations, make bye-laws for the use, development and management
of the local governments properties.
97.
Ownership of immovable property.–(1) Subject to any
reservations made, or any conditions imposed by the Government, the property
specified hereunder shall vest in the respective local government if it is,---
(a) vested
in a local government through succession as provided in section 96;
(b)
transferred to the local government by the Government or any other authority,
organisation or an individual; and
(c)
constructed or acquired by a local government.
(2) The Government shall not, except with
the prior consent of the local government concerned, reallocate or in any other
manner divest title of properties vested in that local government under this
Ordinance.
98.
Transfer of property by the Government. Subject to such
conditions as may be prescribed, the Federal Government may, on its own accord
or on a request by the City District Government, transfer the management
of ‘nazul land”, ‘auqaf land” or any other Government or public property
to it for administration as a trustee.
99.
Stock taking by the Nazim.–(1)
The Zila Nazim and Union Nazims shall, on assumption
of office, and thereafter once in every year on a date fixed by them, take the
physical stock of movable and immovable properties of the concerned local
government and submit a report to the concerned Council.
(2) The report referred to in sub-section
(1) shall contain,---
(a)
particulars of the properties held during the preceding year;
(b) total
value of the property, annual return therefrom and change in its value, if any;
(c)
particulars of unserviceable articles;
(d)
particulars of losses, if any; and
(e)
proposals for utilization, development and improvement during the following
year.
100. Use and
disposal of properties of local governments.–(1) Properties of local governments shall
be used only for public purposes.
(2) Immovable properties of local
governments shall, not be sold or permanently alienated:---
Provided that such properties may be given
on lease through competitive bidding by public auction for periods not
exceeding five years at a time.
(3) The movable property of a local
government which is required to be disposed of shall be sold through
competitive bidding by public auction.
(4) All articles declared unserviceable
shall be disposed of through competitive bidding by public auction.
101. Acquisition of property. Whenever any local government considers it
necessary or expedient it may acquire or purchase any property for public
purposes:---
Provided that the agreement for purchase of
property shall be in writing.
102. Loss of property of local government. In case of any loss of property of a local
government, the responsibility for such loss shall be fixed by the concerned
local government and the amount of the loss shall be recovered from the
defaulting person and a report to this effect shall forthwith be submitted to
the concerned council in the meeting next following.
CHAPTER XIII
GOVERNMENT–LOCAL GOVERNMENT RELATIONS
103. Relations of Government with the City
District Government.–(1)
The City District Government shall carry out its decentralised functions in
accordance with the provisions of this Ordinance and the rules made thereunder.
(2) The City District Government shall
collect such tax or taxes within its local area as the Government may direct
and deposit the same in the relevant account.
(3) The Government may provide guidelines
and render advice to the City District Government through the Zila Nazim for
achieving the Government policy and for promoting economic,
social and environmental security of the
104. Directions by Chief Executive of the
Federal Capital.–(1)
The Chief Executive of the Federal Capital may, by himself or through any
officer specifically authorized by him, issue directions in the public interest
to the City District Government through the concerned Zila Nazim for the
purpose of,---
(a) the
well being, protection and security of the people;
(b)
preventing any grave threat to public peace and order;
(c)
handling emergencies and providing relief therefor; and
(d) the
security and integrity of the State or any part thereof.
(2) Where the situation demands immediate
action and the Zila Nazim fails to comply with the directions given to him
under sub-section (1), the Chief Executive of the Federal Capital may require
the Secretary, Interior Division, Government of Pakistan, to direct the
Inspector General Police and the District Coordination Officer to take such
actions as the situation may necessitate.
105. Suspension of Zila Nazim.–(1) Where in the opinion of the Chief
Executive of the Federal Capital the Zila Nazim is deliberately avoiding or is
failing to comply with the directions given by the Chief Executive of the
Federal Capital under section 104, the Chief Executive of the Federal Capital
may suspend the Zila Nazim.
(2) The suspension of the Zila Nazim under
sub-section (1), shall be subject to ratification by the National Assembly
within thirty days.
(3) If the National Assembly by a simple
majority of its total membership ratifies the suspension of the Zila Nazim, he
shall stand removed from his office:---
Provided that the Zila Nazim shall be
provided with an opportunity of being heard by the National Assembly.
(4) If the National Assembly does not ratify
the suspension of the Zila Nazim, the orders of the Chief Executive of the
Federal Capital shall cease to have effect.
(5) During the period of suspension of a
Zila Nazim, the Naib Zila Nazim shall act as Zila Nazim in accordance with the
provisions of section 17.
106.
Entrustment of certain functions to City District Government.–(1) If the Government requires the City
District Government to perform any specific task which requires funds beyond
the City District Government budgetary provisions, the Government shall provide
necessary resources.
(2) The City District Government may, with
the consent of the Government, entrust any of its functions to the Government.
(3) The Government may, with the agreement
of the City District Government, decentralise any of its office in addition to
the offices decentralised to the City District Government under section 10 or
entrust any of its functions to the City District Government.
(4) The Government shall provide technical
and administrative support and fiscal resources to a local government as may be
determined by the Government.
107. Federal Capital Commission.–(1) The Government shall appoint a Federal
Capital Commission consisting of,---
(a) Federal
Minister for Interior Chairman
(b)
technocrat from civil society to be nominated by the Chairman Senate Member
(c) one
eminently qualified and experienced technocrat from civil Member society to be
nominated by the Speaker National Assembly
(d)
technocrat from civil society to be nominated by the Leader Member of the House
in the National Assembly
(e)
technocrat from civil society to be nominated by the Leader Member of the
Opposition in the National Assembly
(f) an
officer of the Federal Government in Basic Scale 21 to be appointed by the
Federal Government Member/Secretary.
(2) The tenure of the nominated members of the
Commission, shall be four years.
(3) The Secretariat of the Commission shall
be located in the Ministry of Interior which shall provide the secretariat
support to the Commission.
(4) The decisions of the Commission shall be
taken by majority vote:
Provided that in case of equality of votes,
the Chairman shall have a casting
(5) No act or proceedings of the Commission
shall be invalid by reason or existence of any vacancy in, or defect in, the
constitution of the Commission.
(6) The Government shall provide funds for
the Commission in its annual (7) The Commission may, for the performance of its
functions, co-opt any other person for any specific assignment.
108. Functions of the Federal Capital
Commission. The
functions of the Federal Capital Commission shall, inter alia, be to,---
(a) conduct
annual and special inspections of the local governments and submit reports to
the Chief Executive of the Federal Capital;
(b)
conduct, on its own initiative or whenever so directed by the Chief Executive
of the Federal Capital, an inquiry by itself or through City District
Government into any matter concerning a local government;
(c) cause,
on its own initiative or whenever so directed by the Chief Executive of the
Federal Capital, a special audit by itself or direct City District Government
to arrange a special audit, of any local government;
(d) resolve
disputes between the City District Government and a Union Administration or
between two local governments;
(e) enquire
into the matters referred to it by the District Coordination Officer under the
provisions of sub-section (3) of section 23 and by the Government under
sub-section (4) of section 25 and give its decision thereon or, as the case may
be, make report to the competent authority;
(f)
submit to the Chief Executive of the Federal Capital an annual report on the
over-all performance of the City District Government and Union Administrations;
(g) take
measures to preserve the character and status of the Federal Capital;
(h)
supervise Master Plan management and planning for strategic infrastructure
including detailed planning for the areas of Islamabad Capital Territory presently
not covered; and, working of Capital Development Authority relating to Master
Plan, development activity, land use policy and allotment of land in Islamabad
Capital Territory; and
(i) oversee
the working of City District Government.
109. Wafaqi Mohtasib to handle petitions for
mal-administration.–(1)
The Wafaqi Mohtasib (Ombudsman) appointed under the Establishment of the office
of Wafaqi Mohtasib (Ombudsman) Order, 1983 (PO No.1 of 1983) shall redress
citizens’ complaints against mal-administration of the holders of public
offices in the local governments within the District.
Explanation.– For the purpose of this section, the expression ‘holders of
public office’ includes all functionaries of the City District Government,
Union Administrations, Nazims, Naib Nazims, District Police officers and
officials, members of the Councils, officials of the Councils and the Capital
Development Authority.
(2) All holders of public offices shall aid
and assist the Wafaqi Mohtasib (Ombudsman) in exercise of his functions.
CHAPTER XIV
INTERNAL CONTROLS
110. Inspection and supervision.–(1) The Zila Nazim may designate inspecting
officers to objectively examine the performance of a Union Administration in
relation to service delivery as may be prescribed.
(2) The inspection
report shall be prepared on the specified format and forwarded to
the Zila Nazim within the time fixed by him.
(3) Zila Nazim shall advise the
concerned Union Nazim to take appropriate action on the report and inform the
respective Council about the action taken thereon within thirty days.
(4) If any action is required to be taken
against the concerned Union Nazim, the Zila Nazim may initiate proceedings
for recall against such Nazim as provided in section 50.
111.
Enquiries.–(1) The Zila Nazim may require any
Union Nazim in the district to conduct an enquiry into any matter
concerning respective local government and submit the report alongwith the
proceedings of the enquiry to the Zila Nazim.
(2) On the basis of the findings
of the enquiry, the Zila Nazim shall advise the concerned
Union Nazim to take appropriate action on the report within thirty
days and place it before the respective Council for information.
112.
Transparency.–(1) Every citizen shall have the right to
information about any office of the City District Government and Union
Administration.
(2) Every office shall provide requisite
information, if not restricted under any law for the time being in force, on
the prescribed forms and on payment of such fee as may be prescribed.
(3) Information about the staffing and the
performance of the office of a local government during the preceding month
shall, as far as possible, be displayed at a prominent place within the
premises of the office for access by the citizens.
113.
Monitoring by committees.–(1) The Monitoring Committees elected
by the Zila Council shall be responsible for monitoring the functioning of
the offices of the City District Government and preparing quarterly evaluation
reports on the prescribed format.
(2) The Monitoring Committees of Union
Council shall be responsible for monitoring the functioning of all offices of
the City District Government and Union Administration for delivery of services
within their areas and preparing quarterly evaluation reports on the prescribed
format.
(3)The reports
referred to in sub-sections (1) and (2) shall, in particular, contain
evaluation of the performance of each office in relation to,---
(a)
achievement of its targets;
(b)
responsiveness to citizens” difficulties;
(c)
efficiency in the delivery of services; and
(d)
transparent functioning.
(4) The Monitoring Committees shall submit
their quarterly reports to the respective Councils which may through a
resolution require the respective Nazim to take necessary action.
(5) The Monitoring Committees shall function
without intruding and interfering in the day to day working of the offices of
the local governments and shall not cause any harassment to
the functionaries thereof, nor shall assume command and control of such
offices.
(6) Notwithstanding any punishment provided
in any law for the time being in force, any member of the Monitoring Committee
violating the provisions of sub-sections (4) and sub-section (5) shall be
removed from the Monitoring Committee by the respective Council.
(7) Any functionary being aggrieved of any
misbehaviour, undue interference, harassment or misconduct by a member or
members of a Monitoring Committee may report to the Ethics Committee
of the concerned Council which may invoke disqualification proceedings against
such member or members.
(8) The concerned Monitoring Committee may
recommend to the competent authority the payment of bonuses or performance pay
to the functionaries of the local governments in recognition of their
efficient performance, subject to availability of funds for this purpose.
(9) The Monitoring Committee may identify
inefficiency or corruption of functionaries of local governments and report to
the concerned Nazim for appropriate action and remedial measures and
the Nazim shall inform the concerned Council within thirty days of
the action taken by him.
114. Ethics
Committees of the Councils.–(1)
There shall be an Ethics Committee in each Council consisting of such number of
members as the Council may determine.
(2) The Ethics Committee shall ensure
adherence of all members of the Council, Nazim and Naib Nazim to the prescribed
code of ethics for promoting their honest, responsible and efficient
functioning and behaviour.
(3) The Ethics Committee shall monitor the
conduct of the elected representatives and report to the concerned Council the
incidents of inefficiency and corruption.
(4) On receipt of a report under sub-section
(3), a Council may, by resolution of the majority of its members, invoke
proceedings of disqualification against such member.
CHAPTER XV
PENALTIES AND LEGAL PROCEEDINGS
115. Offences. Notwithstanding anything contained in
sections 15A, 46, 46A, 46B, 46C or any other provision of the Capital
Development Authority Ordinance, 1960 (XXIII of 1960), or any rule,
bye-law or regulation or notification issued under the said Ordinance, an act
or omission specified in the Fourth Schedule shall be an offence liable to
punishment by way of imprisonment, fine or such penalty as is specified in
section 119 of this Ordinance and shall deemed to be offences and penalties
provided under the former Ordinance and be dealt with accordingly:---
Provided that the Zila Council
may, by resolution, transfer the investigation, prosecution, execution,
recovery of fine and compounding of an offence by the Union Administration.
116.
Notices and authorisation. Each Nazim shall authorise an
officer or officers under his administrative control,---
(a) to
issue legal notices on behalf of the respective Administration for violation or
commission of any offence under this Ordinance, rules or bye-laws;
(b) to take
such measures and actions for compliance of directions contained in the notices
issued restraining violations or commission of any offence under this
Ordinance, rules or bye-laws; and
(c)
to initiate legal proceedings, defend any legal proceedings initiated against
the local government, attend court proceedings and represent the concerned
local government.
117. Cognizance of offences.–(1) No court shall take Cognizance of any
offence under this Ordinance except on a complaint in writing received from the
Nazim, or an officer or a person generally or specially authorized by the local
government or on a complaint made by an affected citizen if no action is taken
on the complaint made by him under sub-section (2).
(2) The Nazim or an officer or any other
person generally or specially authorised by him may, on his own motion, or on
the complaint of any affected citizen, institute any suit or initiate
prosecution or any other legal action against a person committing an offence
under this Ordinance.
118. Summary disposal of cases. A court taking Cognizance of the offences
punishable under this Ordinance shall try such offences in a summary manner in
accordance with the provisions of the Code of Criminal Procedure, 1898 (V of
1898).
119. Punishments and Penalties.–(1) Whoever commits any of the offences
specified in Part-I of the Fourth Schedule shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to fifteen thousand rupees, or with both and, if the offence is
continued, with a further fine which may extend to one thousand rupees for
every day after the date of the first commission during which period the
offender has persisted in the offence.
(2) Whoever commits any of the offence
specified in Part-II of the Fourth Schedule shall be punishable with
imprisonment which may extend to six months and with fine which may extend to
five thousand rupees and, if the offence is continued, with a further fine
which may extend to two hundred rupees for every day after the date of first
commission during which period the offender has persisted in the offence.
(3) Whoever commits any of the offence
specified in Part-III of the Fourth Schedule shall be punishable with imprisonment
which may extend to one month, or with fine which may extend up to five
thousand rupees, or with both and, if the offence is continued, with a further
fine which may extend up to one hundred rupees for every day
after the date of first commission during which period the offender has
persisted in the offence.
120.
Compounding of offences. Subject to provision of section
345 of the Code of Criminal Procedure, 1898 (Act V of 1898), except as
otherwise provided, the Nazim or an officer or any other person
generally or specially authorised by the local government in this behalf, may,
at any time or after the commission of the offence but before the conclusion of
proceedings in the court, compound any offence under this Ordinance.
121. Rights of Citizens not affected. Nothing contained in section 117
shall restrict or limit the rights of the citizens or residents of a local area
to bring any suit or other legal proceedings against any local government, its
officers or other functionaries violating his rights available to him under any
law for the time being in force.
CHAPTER-XVI
LOCAL GOVERNMENT ELECTIONS
122. Franchise.–(1) Members of a Union Council, including
Union Nazim and Naib Union Nazim, shall be elected through
elections based on adult franchise and on the basis of joint electorate.
(2) The electoral college for the election
of Zila Nazim and Naib Zila Nazim and
reserved seats for women, peasants, workers and minorities in the Zila Council
shall be all the members of Union Councils or returned candidates of Union
Councils in the Islamabad City District, including
Union Nazims and Naib Union Nazims.
123.Manifesto.–(1) Joint candidates for the seats of Zila
Nazim and Naib Zila Nazim shall, before the election, make public a
manifesto containing the policies and programmes they propose to
pursue and implement, if elected.
(2) The manifesto prepared under sub-section
(1) shall be attached to the nomination papers.
124.
Authority for local government elections. The election for
local governments in the Islamabad City District shall be conducted by the
Chief Election Commissioner in pursuance of the Islamabad Capital
Territory Local Government Elections Order, 2001 (Chief Executive”s Order No.10
of 2001).
125. Electoral
rolls.–(1) A person
shall be entitled to be enrolled as a voter if he,---
(a)
is a citizen of
(b)
is not less than eighteen years of age on the first day of January of the
year in which an election is to be held; and
(c)
is a resident of
Explanation: For the purposes of this section the
expression “resident” shall, subject to the provisions of section 25 of the
Electoral Rolls Act, 1974 (XXI of 1974), have the same meaning as are assigned
to it in section 7 thereof.
(2) The electoral rolls for the local
government elections shall be prepared by the Chief Election Commissioner in
the manner he may deem appropriate.
126.
Delimitation of electoral wards.–(1) The electoral ward for the
election of a Zila Nazim and Naib Zila Nazim shall be the Islamabad City
District and for a
Union Nazim and Naib Union Nazimshall be a
(2) The
(3) Islamabad City District shall be a
multi-member ward for the reserved seats for women, peasants, workers and
minority communities in the Zila Council.
127.
Qualifications for candidates and elected members.–(1) A person
shall qualify to be elected or to hold an elective office or membership of a
local government if he,---
(a)
is a citizen of
(b) is not
less than twenty five years of age;
(c)
is enrolled as a voter in the electoral rolls of the relevant ward;
(d) is of
good character and is not commonly known as one who violates Islamic
injunctions, has adequate knowledge of Islamic teachings and practices,
obligatory duties prescribed by Islam as well as abstains from major sins:---
Provided that these qualifications shall not
apply to a person who is a non-Muslim, but such a person shall possess a good
reputation;
(e)
has academic qualifications of not less than matriculation or secondary school
certificate or equivalent from a recognized institution, for contesting the
election of a Nazim or a NaibNazim:---
Provided that a candidate contesting the election for the
office of Zila Nazim or Naib Zila Nazim shall be at least a graduate possessing
a bachelor’s degree in any discipline or any degree recognized as equivalent by
the University Grants Commission Act, 1974 (XXIII of 1974), or Higher Education
Commission Ordinance, 2002 (LIII of 2002), or any other law for the time being in force;
(f) has not
been declared by a competent court to be of unsound mind;
(g) is not
in the service of the Federal Government, Provincial Government or a local
government or any statutory body or a body corporate which is controlled by any
such Government or in which any of such Government has a controlling share or
interest:
Provided that this will not apply to a person who has resigned
or retired from such service and a period of not less than six months has
elapsed since his retirement or resignation, as the case may be;
(h) has not
been dismissed, removed or compulsorily retired from public service on the grounds
of moral turpitude;
(i) does
not possess assets which are inconsistent with his declaration of assets or
justifiable means, whether held in his own name or of the dependents or any
other person or corporate body in whose name assets are held in trust or under
any other formal or informal arrangement whereby the de-facto control of such
assets including their sale, transfer or pecuniary interest is retained by him;
(j) has not
been adjudged a wilful defaulter of any tax or other financial dues owed to the
Federal Government, Provincial Government or a local government or any
financial institution including utility bills outstanding for six months or
more and if so adjudged, has cleared his dues before the submission of
nomination papers;
(k) has not
been convicted by a court of competent jurisdiction on a charges of corrupt
practice involving moral turpitude or misuse of power or authority under any
law for the time being in force;
(l) has not
been convicted and sentenced to imprisonment for more than three months for an
offence under any law and, a period of not less than five
years has elapsed since his release and, in case of a member or a holder of a
public office has not been sentenced to imprisonment;
(m) has not
failed to file the required return of election expenses or is not convicted for
exceeding the limits of election expenses prescribed under the electoral laws;
(n)
is not an un-discharged insolvent;
(o) does
not engage in any transaction involving pecuniary interest with the local
government of which he is a member;
(p) does
not absent himself without reasonable cause from three consecutive meetings of
the council of which he is a member; provided that a member shall not be
disqualified if the absence was necessitated by a national emergency or
force majeure;
(q) does
not fail to attend required training courses when required to do so by
law;
(r) has not
been and is not involved, in activities prejudicial to the ideology, interest,
security, unity, solidarity, peace and integrity of Pakistan and its people,
and the good order and harmony of society; and
(s)
has not used, directly or indirectly, for his election the platform, flag,
symbol, affiliation and financial or material resources or support of a
political, religious, ethnic or sectarian party formation or organization.
(2) Whoever,---
(a)
is found by the Chief Election Commissioner to have contravened the
provisions of sub-section (1) shall stand disqualified from being a
candidate for election to any office of the local governments for a period of
four years; or
(b) having
been elected as a member of a local government or a holder of an elective
office of the local government is found by the Chief Election Commissioner to
have contravened the provisions of sub-section (1) shall cease forthwith to be
an elected member or to hold the office of such member and stand disqualified
from being a candidate for election to a local government for a period of four
years.
128. Non-party
elections.–(1) Local government elections shall be held on non-
party basis.
(2) No person contesting election to local
government shall, directly or indirectly,–--
(a) present
himself as a candidate or nominee of a political party;
(b) claim,
draw or receive any financial or other assistance from any political party for
the purposes of the election;
(c) bear,
display or carry any document, sign, insignia, flag or any other thing
indicating his association with, or affiliation to, a political party;
(d) seek
the votes or sympathies of the people on party basis or on the basis of the
manifesto of any political party; or
(e) seek
the votes or support of the people by attributing direct or indirect party
affiliations to any of his opponents.
129. Joint candidacy and elections.–(1) A Zila Nazim and Naib Zila Nazim and a
Union Nazim and Naib Union Nazim shall contest election in their respective
electoral wards as joint candidates:---
Provided that, on occurrence of a casual
vacancy, a candidate for the office of a Nazim or Naib Nazim shall contest the
election for such office in his individual capacity.
(2) The Zila Nazim and Naib Zila Nazim
securing as joint candidates more than fifty percent of votes shall be declared
elected.
(3) In case a Zila Nazim and Naib Zila Nazim
do not secure more than fifty percent of the total votes of the members of the
Union Councils in the Islamabad City District, there shall be held a fresh
election within one week of the first election for which the joint candidates
securing the highest and the second highest number of votes in the first
election shall be contestants, and the joint candidates securing the highest
number of votes in the fresh elections shall be declared elected.
(4) Union Nazim and Naib Union Nazim securing
the highest number of votes as joint candidates shall be declared elected.
130.
Term of office of local governments.–(1) The term of office of
a local government shall be four years commencing from the date of making oath
of office by members notified by the Government:---
Provided that the term of the first local
governments in the Islamabad City District shall expire on 14th August, 2005:---
Provided further that notwithstanding the
expiry of its term of office, a local government, shall continue to hold its
office until the successor local government assumes office.
(2) The Government shall notify the
assumption of offices by Nazims, Naib Nazims and members of
the local governments.
(3) A Nazim or Naib Nazim, shall
not hold the same office for more than two terms.
131. Election to vacant seats.–(1) If a seat of a member becomes vacant
during the term of office of a Council, a new member shall be elected through
by election and the member elected in by-election shall hold office
for the remaining portion of the term of the Council.
(2) If any seat reserved for women remains
vacant, the same shall be filled through by-elections and the elected women
member shall hold office for the remaining portion of the term of the Council.
(3) All by-elections for seats of members or
for reserved seats, shall be held once a year on a date or dates fixed by the
Chief Election Commissioner.
(4) A vacancy of Union Nazim and Naib Union
Nazim shall be filled through by-election within sixty days of occurrence of
vacancy.
(5) A vacancy
of Zila Nazim and Naib Zila Nazim shall be
filled through by- election within thirty days of occurrence of vacancy.
(6) When the office of a Zila Nazim or Union
Nazim falls vacant, the members of the concerned Council shall, by a majority
vote, elect an officiating Nazim from amongst its members and the
person so elected shall continue to retain his office as a member also:---
Provided that the officiating
Nazim shall not be a candidate in the by-election held for election of
the Nazim.
132. Bar
against dual membership. A
Zila Nazim, Naib Zila Nazim, Union Nazim and Naib Union Nazim
may, after resigning his office before filing his nomination papers for
election to the new office contest election for any other political
office.
133.
Oath of office.–(1) The
elected Nazims, Naib Nazims and members shall make oath
before assuming the charge of their respective offices as may be prescribed.
(2) A Zila Nazim, Naib Zila Nazim and the
members of Zila Council shall be administered oath of office by the District
and Sessions Judge of the
(3) A Union Nazim, Naib Union Nazim and
members of a Union Council shall be administered oath of office by a judicial
officer nominated by the District and Sessions Judge of the
134. Resignation.–(1) A member of the Council may resign from
his office by writing under his hand addressed to the Naib Nazim of the
concerned Council, whereupon the resignation shall deem to have been
accepted and become effective forthwith.
(2) Copies of all resignations
shall be forwarded to the Election Commission and the Government.
(3) Notwithstanding the resignation of a
member, any proceeding for removal under section 135, if already initiated,
shall not abate.
135.
Removal from office.–(1) Where proceedings for disqualification
against any Nazim, Naib Nazim or a member have been initiated under sub-section
(2) of section 127 on an application made by any person or by the Chief
Election Commissioner on his own motion, the Chief Election Commissioner or a
member of the Election Commission or any authority or officer authorised by
him may issue a notice to show cause to
such Nazim, Naib Nazim or, as the case may be, a member
within a specified period as to why proceedings against him may not be taken
for his removal for breach of any of the provisions of that section.
(2) Where the Chief
Election Commissioner or a member of the Election Commission or any authority
or officer authorised by him is not satisfied with the reply to the notice to
show cause referred to in sub-section (1), or any reply to the said notice is not
filed within the period fixed by him, he may order for an inquiry in the matter
and for that purpose appoint an inquiry officer.
(3) On the basis of inquiry held under
sub-section (2), the Chief Election Commissioner may order the
removal of a Nazim, Naib Nazim or a member, as the case may
be:
Provided that before an order of removal is
passed, Nazim, Naib Nazim or, as the case may be,
a member against whom inquiry proceedings are being carried out shall
be afforded a reasonable opportunity of being heard, including personal
hearing, if so requested.
136.
Notifications to be issued. The Chief Election
Commissioner shall notify every election, by-election and result of such
election, resignation or removal of a Nazim, Naib Nazim or
member.
137. Corrupt practice. A person is guilty of corrupt
practice if he is guilty of bribery, personation, or undue influence and shall
be punishable with imprisonment for a term which may extend to three years, or
with fine which may extend to fifteen thousand rupees, or with both.
138.
Bribery. A person is guilty of bribery, if he, directly or
indirectly, by himself or by any other person on his behalf,---
(a)
receives, agrees or contracts for any gratification for voting or refraining
from voting or for being or refraining from being a candidate at, or
withdrawing or retiring from, an election;
(b) gives,
offers or promises any gratification to any person for the purpose of,---
(i)
inducing a person to be, or to refrain from being, a candidate at an
election; or
(ii)
inducing a voter to vote, or refrain from voting, at any election; or
(iii)
inducing a candidate to withdraw or retire from an election; or
(iv)
rewarding a person for having been, or for having refrained from being, a
candidate at an election; or
(v)
rewarding a voter for having voted or refrained from voting at an
election; or
(vi) rewarding a candidate for having withdrawn or retire from an
election.
Explanation:- In this section, ‘gratification’ includes
a gratification in money or estimable in money and all forms of entertainment
or employment for reward.
139. Personation. A person is guilty of personation, if he
votes, or applies for a ballot paper for voting, as some other person whether
that other person is living or dead or fictitious.
140. Undue influence. A person is guilty of undue influence, if
he,---
(a) in
order to compel any person to vote, refrain from voting, or to induce or compel
any person to withdraw his candidature at an election, directly or indirectly,
by himself or by any other person on his behalf,---
(i) makes
or threatens to make use of any force, violence or restraint;
(ii)
inflicts or threatens to inflict any injury, damage, harm or loss; or
(iii) uses
any official influence or Governmental patronage; or
(b) on
account of any person having voted or refrained from voting, or having
withdrawn his candidature, does any of the acts specified in clause (a); or
(c) by
abduction, duress or any fraudulent device or contrivance,---
(i) impedes
or prevents the free exercise of the franchise by a voter; or
(ii)
compels, induces or prevails upon any voter to refrain from voting or compels
any voter to vote.
Explanation:- In this section, ‘harm’ includes social ostracism or ex-
communication or expulsion from any caste or community.
141. Illegal practice. A person is guilty of illegal practice
punishable with fine which may extend to two thousand rupees, if he,---
(a) obtains
or procures, or attempts to obtain or procure, the assistance of any officer or
official of the Federal Government, a Provincial Government or a local
government or authority to further or hinder the election of a candidate;
(b) votes
or applies for a ballot paper for voting at an election knowing that he is not
qualified for voting or is disqualified from voting;
(c)
votes or applies for a ballot paper for voting more than once at any polling
station;
(d) removes
a ballot paper or a ballot box from a polling station or destroys, damages or
tampers with the ballot-box used at a polling station;
(e)
knowingly induces or procures any person to do any of the aforesaid acts;
(f) fails
to provide statement of election expenses as required under this Ordinance;
(g) makes or
publishes a false statement,---
(i)
concerning the personal character of a candidate or his relation calculated to
adversely affect the election of such candidate or, for the purpose of
promoting or procuring the election of another candidate, unless he proves that
he had reasonable ground for believing, and did believe, the statement to be
true; or
(ii)
relating to the symbol of a candidate whether or not such symbol has been
allocated to such candidate; or
(iii)
regarding the withdrawal of a candidate;
(h)
knowingly, in order to support or oppose a candidate, lets, lends, employs,
hires, borrows or uses any vehicle or vessel for the purpose of conveying
voters to or from the polling station, except when a person conveys himself or
any member of the household to which he belongs, to or from the polling
station;
(i) causes
or attempts to cause any person present and waiting to vote at the polling
station to depart without voting.
142.
Prohibition of canvassing. A person is guilty of an
offence punishable with fine which may extend to two thousand rupees, if he, on
the polling day in connection with the election,---
(a)
convenes, calls or organises within a ward any meeting; or
(b)
within a radius of two hundred meters of the polling station–
(i)
canvasses for votes;
(ii)
solicits vote of any voter;
(iii) persuades any voter not to vote at the election or for a
particular candidate; or
(iv)
exhibits, except with the permission of the Returning Officer and at a place
reserved for the candidate or his polling agent beyond the radius of one
hundred meters of the polling station, any notice, sign, banner or flag
designed to encourage the voters to vote, or discourage the voters from voting,
for any contesting candidate.
143. Disorderly conduct near polling station. A person is guilty of an offence
punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to three thousand rupees, or with both, if he,---
(a) uses,
in such manner as to be audible within the polling station any gramophone,
megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;
or
(b)
persistently shouts in such manner as to be audible within the polling station;
or
(c) does
any act which,---
(i)
disturbs or causes annoyance to any voter visiting a polling station for the
purpose of voting; or
(ii)
interferes with the performance of the duty of a presiding officer, polling
officer or any other person performing any duty at a polling station; or
(d) abets
the doing of any of the aforesaid acts.
144. Tampering with papers. A person is guilty of an offence
punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to two thousand rupees, or with both, if he,---
(a)
fraudulently defaces or destroys any nomination paper or ballot paper;
(b)
fraudulently takes out of the polling station any ballot paper or puts into any
ballot box any ballot paper other than the ballot paper he is authorized under
the rules to put in;
(c) without
due authority,---
(i)
supplies any ballot paper to any person;
(b)
dissuades any person from giving his vote;
(c)
influences in any manner the voting of any person;
(d) does
any other act calculated to further or hinder the election of a candidate;
(e) fails
to maintain or aid in maintaining the secrecy of voting;
(f)
communicates, except for any purpose authorised by any law, to any person
before the poll is closed any information as to the name or number on the
electoral roll of any voter who has or has not applied for a ballot paper, or
has or has not voted at a polling station; or
(g)
communicates any information obtained at the counting of votes as to the
candidate for whom any vote is given by any particular ballot paper.
148. Breach of official duty. A presiding officer or any other person
employed by any such officer in connection with his official duties imposed by
or under this Ordinance, is guilty of an offence punishable with fine which may
extend to five thousand rupees, if he, without reasonable cause, does or omits
to do an act in breach of any official duty.
149. Assistance by government servants. A person in the service of the Federal
Government, a Provincial Government, a local government, or a body owned or
controlled by the Federal Government or a Provincial Government shall be guilty
of an offence punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to five thousand rupees, or with both if
he, in any manner, gives any assistance calculated to further or hinder the
election of a candidate.
150. Summary trial. All offences under this Ordinance except the
offences under sections 137 to 140 shall be tried summarily under the Code of
Criminal Procedure, 1898 (V of 1898).
151. Cognizance. No court shall take cognizance of the
offences under sections 147 and 148 except on the complaint in writing of the
Returning Officer concerned.
CHAPTER XVII
MANAGING TRANSITION
152. First Nazims and Councils.–(1) The first local governments under this
Ordinance shall be established on the date as notified by the Government.
(2) The Zila Nazim and Union Nazims, shall
assume their respective offices under this Ordinance on the date as notified by
the Government.
(3) The Government shall make arrangements
of accommodation for the offices of the local governments and, as far as
possible, for that purpose the existing infrastructure shall be utilized.
153. Administrative Transition.–(1) On coming into force of this
Ordinance, any office, authority or municipal body set up or controlled by the
Government shall continue providing services without any interruption during
the decentralization process or its entrustment to any local government under
this Ordinance.
(2) On coming into force of this Ordinance
the Government shall make necessary administrative and financial arrangements
under charge of District Coordination Officer designate for establishment of
City District Administration.
(3) As soon as the first Zila Nazim assumes
office:---
(i) the
offices of the Chief Commissioner, Deputy Commissioner,
(ii) the
offices of the City District Administration shall become operational;
(iii) the
administrative, financial and appellate powers of the officers of Islamabad
Capital Territory Administration shall stand decentralized to Deputy District
Officers, District Officers, Executive District Officers and District
Coordination Officer as the case may be, through a notification by the
Government;
(iv) the
amendments made under the Code of Criminal Procedure (Amendment) Ordinance,
2001 (LXIII of 2001) in the Criminal Procedure Code, 1898 (V of
1898) shall become applicable in the
(v)
the Police Order, 2002 (Chief Executive’s Order No.22 of 2002) shall become
applicable in
(vi)
consequential amendments in the Capital Development Authority Ordinance, 1960
(XVIII of 1960) shall be initiated by the Government by 30th of June, 2003.
154. Employees’ salaries not to be reduced
on transfer, etc.–(1)
On allocation, re-allocation or transfer of the employees of the Government,
Capital Development Authority and Union Councils or any other authority, agency
or body to any local government established under this Ordinance, the salaries,
emoluments and pensions of such employees shall not be reduced.
(2) The Government shall ensure the payment
of salaries, emoluments and pensions of the employees referred to in
sub-section (1), including the employees of the local governments established
under the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979) during the financial year 2002-2003 or till
such time as it may deem appropriate.
155. Bar on recruitments.–(1) During the transition period specified
in section 158 and till the adjustment for optimal utilization of all employees
of the Islamabad Capital Territory Administration, relevant Federal Government
offices and local governments established under the Capital Territory Local
Government Ordinance, 1979 (XXXIX of 1979), no fresh recruitment shall be made to fill
any vacancy in the local governments set up under this Ordinance, except with
the express sanction of the Government.
(2) The Federal Government shall make
available the services of the employees placed in its surplus pool for
utilization in the offices decentralised to the City District Government and
Union Administrations.
(3) The local governments shall utilize the
services of the employees of the Local Councils set up under the Capital
Territory Local Government Ordinance, 1979 (XXXIX of 1979)
for meeting the shortfall in the offices of the Zila Council, Zila Nazim, Union
Councils and Union Administrations.
156. Financial Transition.–(1) All taxes, cess, fees, rates, rents,
tolls and charges which were being charged, levied and collected by any office
of the Federal Government, Capital Development Authority, or any Union Council,
shall continue to be charged, levied and collected under this Ordinance by the
successor local governments and every person liable to pay such taxes, cess,
fees, rates, rents, tolls, charges and accumulated arrears and receivables
shall continue to make payment thereof until revised, withdrawn or varied under
this Ordinance.
(2) Where any Local Council established
under the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979),
was receiving any grant or any compensation in lieu of octroi, toll tax, export
tax, or any other tax, the successor local government under this Ordinance
shall continue to receive such grant or compensation.
157. Electoral Transition.–(1) Notwithstanding anything contained hereinbefore,
the first elected Zila Council and Union Councils shall be deemed to be validly
constituted if sixty percent seats thereof are filled in the elections held
under the Islamabad Capital Territory Local Government Elections Ordinance,
2002 (LVII of 2002).
(2) Where a Council has been validly
constituted under sub-section (1), but seats of Nazim and Naib Nazim of the
corresponding level have not been filled, the Council shall elect officiating
Nazim andNaib Nazim from amongst its members until the seats are filled through
bye-election.
(3) If in any local area a local government
is not validly constituted due to a natural calamity or conditions beyond human
control, the Government, may empower any person or persons to perform all or
any of the functions of that local government under this Ordinance till the
elected local government assumes the charge of the office.
158.
Transitional Timeframe. All
actions required for giving effect to the provisions of this Ordinance and
transition to the local government systems set up thereunder shall be completed
by the 30th day of June, 2003.
CHAPTER XVIII
MISCELLANEOUS
159. Complaint Cell. City District Government and Union
Administrations shall set up complaint cells for redressal of grievances within
the ambit of their responsibilities under this Ordinance.
160. Training. The Nazims, Naib Nazims and members of
the Councils shall attend training courses for such periods and in such manner
and at such places as may be prescribed by the Government from time to time.
161. Appeals. Any person aggrieved by any order
passed by a local government or its functionaries, in pursuance of this
Ordinance or the rules or bye-laws made thereunder may appeal to
such authority, in such manner and within such period as may be prescribed.
162. Rules.–(1) The Government may, by notification in
the official Gazette, make rules for carrying out the purposes of this
Ordinance.
(2) In particular and without prejudice to
the generality of the fore-going power, such rules may provide for all or any
of the matters specified in Part-I of the Fifth Schedule.
(3) The rules made under sub-section (1)
shall be subject to previous publication in the official Gazette and shall meet
the following considerations:---
(a) consistency with
democratic decentralization and subsidiarity;
(b)
enhancement of welfare of the people;
(c)
fairness and clarity; and
(d)
natural justice and due process of law.
163.
Bye-laws.–(1) The Zila Counc il and Union
Councils may, in their ambit of responsibilities, make bye-laws to carry out
the purposes of this Ordinance.
(2) In particular and
without prejudice to the generality of the fore-going power, such bye-laws may
provide for all or any of the matters specified in Part-II of the Fifth
Schedule.
164. Members and servants to be public
servants. All Nazims,
Naib Nazims, members of the Councils, functionaries of the local governments
and every other person duly authorised to act on behalf of the local
governments shall be public servants within the meanings of section 21 of the
Pakistan Penal Code (Act XIV of 1860).
165. Delegation of Powers. A Nazim may delegate any of his powers
including financial powers under this Ordinance or rules or bye laws to any of
its officers fully or partly and subject to such restrictions or conditions as
he may deem necessary after approval by the Council.
166. Action taken in good faith. No suit, prosecution, or other legal
proceedings shall lie against any public servant serving in local governments
for anything done in good faith under this Ordinance.
167. General powers of local governments. Notwithstanding any specific provisions,
every local government, the Village Council and Neighbourhood Council shall
perform functions conferred by or under this Ordinance and in performance of
such functions shall exercise such powers which are necessary and appropriate
thereto.
168. Repeal and Savings.–(1) On the date to be notified by the
Government, the Capital Territory Local Government Ordinance, 1979 (XXXIX of
1979) and the Islamabad Capital Territory Local Government Elections Ordinance,
2002 (LVII of 2002), shall stand repealed.
(2) Save as otherwise specifically provided,
nothing in this Ordinance, or any repeal effected thereby, shall affect or be
deemed to affect anything done, action taken, investigation or proceedings
commenced, order, rule, regulation, appointment, conveyance, mortgage, deed,
document or agreement made, fee levied, resolution passed, direction given,
proceedings taken or instrument executed or issued, under or in pursuance of
any law repealed or amended by this Ordinance and any such thing,
action, investigation, proceedings, order, rule, regulation, appointment,
conveyance, mortgage, deed, document, agreement, fee, resolution, direction,
proceedings or instrument shall, if in force at the commencement of this
Ordinance and not inconsistent with any of the provisions of this Ordinance,
continue to be in force, and have effect as if it were respectively done,
taken, commenced, made, directed, passed, given, executed or issued under this
Ordinance or the law, as amended by this Ordinance.
169. Removal of difficulty. The Government may, by order, provide for
the removal of any difficulty which may arise in giving effect to the
provisions of this Ordinance.
FIRST SCHEDULE
[See
sections 10, 22 and 25] Part-A
Decentralised Offices
1. Offices of
(i) Local Government and Rural Development
(ii) Cooperatives
(iii) Excise and Taxation
(iv) Civil Defence
(v) Health
(vi) Labour
(vii) Auqaf
(viii) Zakat and Ushr
(ix) Agriculture
(x) Food
(xi) Soil Conservation
(xii) Water Management
(xiv)
Fisheries
(xv)
Industries and Mineral Development
(xvi)
Revenue
(xvii)
Transport Authority
(xviii) All
other establishments of the offices of Chief Commissioner and Deputy
Commissioner including Accounts, Development, Finance and Administration.
2. Offices of Ministry of Education Federal
Directorate of Education along with all its colleges and schools located
in
3. Offices of Ministry of Health Federal
Government Services Hospital and its attached dispensaries.
4. Offices of Ministry of Population
Welfare District Population Welfare Office along with Family
Welfare Centres,
5. Offices of Ministry of Women Development,
Social Welfare and Special Education Social Welfare Training Institute, Women
Welfare and Development Centre, Model Child Welfare Centre, Social Services
(Medical) and other Pilot Projects.
6. Offices of Ministry of Labour, Manpower
& Overseas Pakistanis Technical Training Centres located in
Part-B
Other Offices
(i)
Coordination
(ii) Human
Resource Management
(iii)
Community Organization
(iv)
Registration
(v)
Investment Promotion and Protection
(vi)
Legal advice and drafting
(viii)
Planning and Development
(ix) Energy
(x)
Literacy Campaigns
(xi)
Continuing Education
(xii)
Vocational Education
(xiii)
Information Technology Development
(xiv)
Information Technology Promotion
(xv)
Database
(xvi)
Public Health
(xvii)
Industrial and
(xviii)
Sports and Culture
Part-C
Groups of Offices
(i)
District Coordination: Coordination, Auqaf, Food, Zakat and Ushr, Energy, Transport
Authority, Human Resource Management and Civil Defence.
(ii)
Agriculture: Agriculture, Livestock, Water Management, Soil Conservation and
Fisheries.
(iii)
Community Development: Community Organization, Labour, Social Welfare, Sports
and Culture, Cooperatives and Registration.
(iv)
Education:
(v) Finance
and Planning: Finance and Budget, Planning and Development, Accounts, Industrial
Estate and
(vi)
Health: Public Health, Basic and Rural Health, Child and Women Health,
Population Welfare and
(vii) Information Technology: Information Technology Development,
Information Technology Promotion and Database.
(viii) Law:
Legal Advice and Drafting.
(ix)
Literacy: Literacy Campaigns, Continuing Education and Vocational Education.
(x)
Revenue: Land Revenue and Estate, and Excise and Taxation.
SECOND SCHEDULE
[See
sections 32, 42, 53 and 84]
Zila Council
Part-I
1.
Education Tax.
2. Health
Tax.
3. Property
Tax.
4. Tax on
transfer of immovable property.
5. Tax on
motor vehicles registered in the City District.
6. Local
rate on lands assessable to land revenue where Property Tax rate is zero.
7. Fee in
respect of educational and health facilities established or maintained by the
City District Government.
8. Fee for
licenses and permits granted by the City District Government and penalties or
fines for violations thereof.
9. Fee for
specific services rendered by the City District Government.
10. Toll on
roads, bridges and ferries within the limits of the City District, other than
national and provincial highways and roads.
11.
Fee for fairs, agricultural shows, cattle markets, cattle fairs, industrial
exhibitions and other public events organized by the City District Government
other than those specifically assigned to a Union Administration.
12. Fee for
approval of building plans, erection and re-erection of buildings and penalties
& fines for violations thereof.
13. User
charges for maintenance of works or public utility like water supply, drainage,
conservancy, transport terminals and stands, and parking places operated and
maintained by the City District Government.
14. Market
fees.
15. Fee on
advertisement other than on electronic and print media.
16. Fee on
cinemas, dramatical, theatrical shows and tickets thereof and other
entertainment.
17. Fee for
licensing of professions, trades and callings.
18. Rent
for land, buildings, equipment, machinery and vehicles owned by the City
District Government.
19. Any
other tax, toll, rate, charge, fee and levy authorized by the Government.
Part-II
Union Council
1. Fees for
registration and certification of births, marriages, divorces and deaths.
2. Fee for
specific services rendered by the
3. Rate for
remuneration of Village and Neighbourhood guards.
4. User
charges for the maintenance of any work or public utility like drainage,
conservancy and water supply operated by Union Administration with the
permission of the City District Government.
5. Rent for
land, buildings, equipment, machinery and vehicles owned by a
6.
Fee on sale of animals in cattle markets the location of which has been specified
by the City District Government.
7. Fee for
fairs, agricultural shows, cattle fairs, exhibitions, tournaments and other
public events organized by a Union Administration with the permission of the
City District Government.
8. Tax on
vehicle other than the motor vehicles.
9. Any
other tax, toll, rate, charge, levy and fee authorized by the Government.
THIRD SCHEDULE
[See
section 89]
Terms of Office of the Professional Members
of the Finance Committee
1. A member
of the Finance Committee shall hold office for a term of three years extendable
for another term.
2. A member
may resign his office under his hand addressed to the Chairman.
3. No
member shall be removed before the expiry of his term without the
approval of the President.
4. On
declaration of a vacancy in the Finance Committee, the Chairman shall appoint a
member within sixty days.
5. A professional member shall be provided all
necessary support staff, resources and equipment for carrying out his functions
by the Government.
FOURTH SCHEDULE
[See
sections 115 and 119]
Part-I
1.
Immovable encroachment in or on or under any property or any open space or land
vested in or managed, maintained or controlled by a local government.
2. Without
license from relevant authority manufacturing, storing, trading or carrying
fire crackers, fire balloons or detonators or any dangerous chemical,
inflammable, hazardous or offensive article or material.
3.
Discharging any dangerous chemical, inflammable, hazardous or offensive article
in any drain, or public water course or public land in such manner as causes or
is likely to cause danger to persons passing by or in neighbourhood, or risk or
injury to property.
4.
Overcharging or illegally charging any tax, fee, fine, charge or rate by an
employee of a local government or a contractor or his staff without the
authority of a local government.
5.
Preparing or using counterfeit or prescribed forms of the local government for
recovery of taxes.
6. Erection
or re-erection of building over set back area or parking area or building line
area required to be left open under the rules for using such space for any
purpose which is not approved.
7. Changing
or converting into any other use any portion of a commercial building or area
specified or earmarked for public parking.
8. Failure
to demolish or otherwise secure a building declared by the local government to
be dangerous building.
9. Failure
of industrial or commercial concerns to provide adequate and safe disposal of
affluent or prevention of their mixing up with the water supply or sewerage
system.
10.
Establishing any parking stand on any property or on any open space and public
park or land vested in or managed, maintained or controlled by a local
government on or under a street, road, graveyard or a drain without the sanction
of the relevant local government.
11.
Supplying or marketing drinking water for human consumption in any form, from
any source which is contaminated or suspected to be dangerous to public health,
or its use has been prohibited by a local government on the ground of being
unsafe for human consumption, or whose quality and suitability for human
consumption has not been ascertained and certified by a laboratory authorized
by the Government.
12.
Cultivation of agriculture produce or crop, for supply or sale to public using
such manure, or irrigating it with sewer water or any such
liquid as may be injurious to public health or offensive to the neighbourhood.
13.
Quarrying, blasting, cutting timber or carrying building operations in such
manner as causes or is likely to cause danger to persons passing by or living
or working in the neighbourhood.
14.
Erection or re-erection of a building without the sanction required under this
Ordinance or using a building for a purpose which may endanger the security of
people.
15. Dyeing
or tanning skins within such distance of any commercial or residential areas as
may be specified by the local government.
16.
Violation of the prohibitions provided in the Master Plan, the sanctioned Site
Development Schemes under this Ordinance, Cities Acts, or any other law for the
time being in force including the plans and schemes sanctioned under the
repealed enactments.
17.
Adulteration of any eatable or drinkable or consumable item sold or supplied to
the public.
18. Neglect
in safe storage of eatable, drinkable and other consumable items sold or
supplied to the public.
19.
Manufacturing, trading, storing or supplying any eatable or drinkable item and
other items unsafe for human consumption or public health.
20.
Contravention of the prohibition or attempt or abetment of any of the offences
in this part.
Part-II
21.
Willfully obstructing any officer or servant of a local government or any
person authorized the exercise of power conferred under this Ordinance.
22.
Establishing any cattle market or bakar mandi without permission of the local
government.
23. Failure
to deliver back possession of property to the local government on cancellation
and expiration of lease.
24.
Establishing any bus, wagon, taxi or other commercial motorized or non-
motorized vehicle stand for the purpose of plying them on different routes on any road, street, footpath, public place or any other property
vested or managed or controlled or maintained by a local government without its
permission.
25.
Establishing or running any restaurant or vending stalls for eatables on any
road, street, footpath, public place, over a drain, or any other property
vesting in or managed or controlled or maintained by a local government
without its permission.
26. Fixing
of wooden khokhas, plying of handcarts for the sale of goods and temporary
shops or extension thereof on footpaths or beyond the street line.
27.
Establishing a brick kiln and lime kiln within such distance of a
residential area as may be specified by the local government.
28. Failure
by the owner or occupier of any land to clear away and remove any vegetation
declared by a local government to be injurious to health or offensive
to neighbourhoods.
29.
Slaughtering of animals for the sale of meat at a place other than the place
set apart for the purpose.
30. Cutting
down of any tree, or cutting of a branch of any tree, or erection or demolition
of any building or part of a building where such action is declared under this
Ordinance to be a cause of danger or annoyance to the public.
31.
Stocking or collecting timber, wood, dry grass, straw or other inflammable
material or fuels, adjacent to commercial buildings or residential houses.
32. Without
the permission of the local governments causing or knowingly or negligently
allowing the contents of any sink, sewer or cesspool or any other offensive
matter to flow, or drain or to be put upon any street, or public place, or into
irrigation channel or any sewer or drain not set apart for the purpose.
33. Doing
an act without licence or permission when the doing of such act requires
a licence or permission under any of the provisions of the Ordinance
or the rules or bye-laws.
34.
Manufacturing, keeping, storing or selling wire thread or any other material
meant for kite flying or in the manner causing danger to the human life or the
electric installations or disruption in electric supply.
35. Keeping
or maintaining any cattle in any part of the prohibited zone or failure to
remove the cattle from the prohibited zone within the specified time when an
order to this effect has been made under section 65.
36. Keeping
ferocious dogs or other animals in residential areas or taking such animals to
public places without leash.
37.
Obstructing or tampering with any road, street, drain or pavement.
38.
Obstructing or tampering with any main pipe, meter or any apparatus or
appliance for the supply of water or sewerage system.
39. Evasion
of payment of tax or other impost lawfully levied by a local council.
40.
Preparation and sale of article or articles of food or drink by a person
apparently suffering from any infectious or contagious disease that may
endanger the health of people.
41.
Attempts and abetments of any of the offences as aforesaid.
42.
Contravention of the prohibition or attempt or abetment of any of the offences
in this part.
Part-III
43. Laying
out a drain or altering any drain in a street or road without the sanction
required under this Ordinance.
44.
Connecting any house drain with a drain in a public street without the permission
required under this Ordinance.
45.
Excavation of earth, stone or any other material within such distance of the
residential area as specified by the local government.
46. Burying
or burning a dead body at a place which is not a public or registered burial or
burning place, except with the sanction of the local government.
47. Failure
to furnish, on requisition, information in respect of any matter which a local
government is authorised to call for under any of the provisions of the
Ordinance, rules or bye-laws or furnishing wrong information.
48.
Obstructing lawful seizure of animals liable to be impounded on the ground of
violations of rules or by-laws governing the picketing, tethering, keeping,
milching or slaughter of animals or their trespass of private or public
property.
49.
Picketing, parking animals or collecting carts or vehicles on any street, using
any street as a halting place for vehicle or animals or as a place encampment
without the permission of the local council concerned.
50. Causing
or permitting animals to stray or keeping, tethering, stalling, feeding or
gazing any cattle on any road, street or thoroughfare or in any public place or
damaging or causing or permitting to be damaged any road, street or
thoroughfare by allowing cattle to move thereon.
51.
Disposal of carcasses of animals within prohibited distance.
52. Failure
to dispose of offal, fat or any organ or part of a dead animal in a place set
apart for the purpose by the local government.
53.
Throwing or placing any refuse, litter or garbage on any street, or in any
place, not provided or appointed for the purpose by a local government.
54. Failure
to provide for disposal of litter or garbage inside or outside a shop by its
owner.
55. Failure
to maintain clean premises of the area in front of a shop, office or factory up
to the public street or road serving this facility.
56.
Watering cattle or animals, or bathing or washing at or near a well or other
source of drinking water for the public.
57.
Steeping hemp, jute or any other plant in or near a pond or any other
excavation within such distance of the residential area as may be specified by
a local government.
58. Drawing
off, diverting or taking any water except with the permission required under
this Ordinance.
59. Failure
to provide, close, remove, alter, repair, clean, disinfect or put in proper
order any latrine, urinal drain, cesspool or other receptacle for filth,
sullage, water or refuse by an owner of a house, shop, office, industry or
premises.
60. Failure
to clean the premises, houses, shops and cultivated lands of plastic bags and
other non perishable materials.
61.
Damaging or polluting physical environment, inside or outside private or public
premises, in a manner to endanger public health.
62. Failure
by the owner or occupier of any land to cut or trim the hedges growing thereon
which overhang any well, tank or other source from which water is derived for
public use.
63. Failure
by the owner or occupier of any land or building to clean, repair, cover, fill
up or drain off any private well, tank or other source of water supply, which
is declared under this Ordinance to be injurious to health or offensive to the
neighbourhood.
64. Failure
to stop leakages of water pipes, faucets and sanitary fittings resulting in dirty
water pools affecting physical environments and breeding of mosquitoes.
65. Failure
of an owner or occupier of any building or land to put up and keep in good
condition troughs and pipes for receiving or carrying water or sullage water.
66. Feeding
or allowing to be fed an animal meant for dairy or meat purposes, on
deleterious substance, filth or refuse of any kind which is dangerous to health
of consumers.
67.
Defacing or disturbing any direction-post, lamp post or lamp extinguishing or
any light arranged by a local government without due authority.
68. Fixing
any bill, notice, play card, poster or other paper or means of advertisement
against or upon any private or public building or place other than the places
fixed for the purpose by a local government.
69.
Exhibiting any obscene advertisement.
70. Loud
playing of music or radio, beating of drum or tom -tom, blowing a horn or
beating or sounding any brass or other instruments or utensils in contravention
of any general or special prohibition issued by a local government or a
hospital or an educational institution.
71. Loud
shouting in abusive language causing distress to the inhabitants of a
neighbourhood or village or any other public place.
72.
Using or allowing the use for human habitation of a building declared by a
local government to be unfit for human habitation.
73. Failure
to lime-wash or repair a building if so required by local government.
74. Begging
importunately for alms by exposing any deformity or disease or any offensive
sore or wound to solicit charity.
75. Failure
of the head of family to report the birth or death to a local government or a
person appoint in this behalf within a reasonable time.
76. Causing
or permitting to be caused by any owner or keeper of an animal who through neglect
or other wise damage of any land or crop or produce of land, or any public
road, by allowing such animal to trespass thereon.
77. Selling
cattle and animals in contravention of any law, rule or by-laws of a local
government.
78. Kite
flying in contravention of any general or specific prohibition issued by local
governments.
79. Keeping
pigeon or other birds in a manner causing danger to air traffic.
80.
Contravention of the prohibition or attempt or abetment of any of the offences
in this part.
FIFTH SCHEDULE
[See
sections 162 and 163]
Part-I (RULES)
1. Local
Government (Conduct of elections);
2. Local
Government (Conduct of business of the Local Councils);
3. Local
Government (Taxation);
4. Local
Government (Servants);
5. Local
Government (Budget and accounts);
6. Local
Government (Contracts);
7. Local
Government (Works);
8. Local
Government (Development authorities);
9.
Local Government (Regulation of site development schemes);
10. Local
Government (Forestry excluding guzara forests, protected forests and water shed
management);
11. Local
Government (Monitoring);
12. Local
Government (Provision of information and transparency);
13. Local
Government (Internal Audit);
14. Local
Government (Employees Performance Bonuses and Incentive);
15. Local
Government (Public Private Partnership);
16. Local
Government (Conduct of Inspections).
17. Local
Government (Elected Officials Conduct);
18. Local
Government (Citizen Community Board);
19. Local
Government (Procurement);
20. Local
Government (Fiscal Transfers); and
21. Any
other set of rules necessary for implementation of this Ordinance.
Part-II (BYE- LAWS)
22. Conduct
of meetings.
23.
Registration of births, death and marriages.
24. Zoning,
master planning, and buildings.
25.
Dangerous buildings and structures.
26.
Prevention of encroachments.
27. Local
Government (Elective officials remuneration and allowances).
28. Local
Government (Ag ricultural development).
29. Local
Government (Community development).
30.
Registration of sale and control of cattle and animals.
31.
Registration, management and regulation of orphanages, widow homes, senior
citizens homes, homes for the mentally ill, and women in distress.
32.
Regulation of burial and cremation places.
33.
Slaughter of animals and maintenance of slaughterhouses.
34.
Prevention of adulteration of foodstuffs.
35. Animal
husbandry and milk supply.
36.
Prevention and abatement of nuisances.
37.
Dangerous and offensive trades and articles.
38.
Regulation of traffic.
39.
Organization and regulation of fairs, shows, tournaments and other public
gatherings.
40.
Prevention of beggary, juvenile delinquency and other social evils.
41.
Licensing.
42.
Markets.
43.
Libraries.
45.
Prevention of air, water, noise, and soil pollution.
47. Local
Government property.
48.
Farm produce markets.
49.
Delegation of powers, duties, and functions of the sub-committees of farm
produce market committees if any.
50.
Encroachment on any public road, public street, or public place.
51.
Picketing, parking animals or collecting carts or vehicles on any street.
52.
Throwing or placing any refuse on any street, or in any place not
provided or appointed for the purpose.
53. Dyeing
or tanning animal skins.
54.
Tampering with any main, pipe, or any apparatus or appliance for the supply of
water.
55.
Excavation of earth, stone or any other material.
56.
Disposing of carcasses of animals.
57. Use of
sewer water for farming.
58. Flow or
drain to be put upon any street, or public place, or into an irrigation channel
or any sewer or drain not set apart for the purpose.
59. Fixing
any bill, notice, placard, or other paper or means of advertisement against or
upon any building or place other than the places fixed for the purpose by the
local government.
60. Fixing
of wooden khokhas, plying of handcarts for the sale of goods, and temporary or
permanent shops or extensions thereof on footpaths or beyond the street line.
61.
Pollution of air, water or soil.
62.
Watering cattle or animals, or bathing or washing at, or, near a well or other
source of drinking water for the public.
63. Other
matters as in the opinion of the Zila council are necessary or expedient to be
provided for in the bye-laws.
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