Updated: Tuesday October 02, 2018/AthThulatha Muharram 22, 1440/Mangalavara Asvina 10, 1940, at 08:49:44 PM

 

 

TABLE OF CONTENTS

 

Chapter         .....................................................................................................................................                               Page#

CHAPTER – I INTRODUCTION........................................................................................................ 2

CHAPTER – II LOCAL AREAS AND CONSTITUTION OF LOCAL GOVERNMENTS.............................. 6

CHAPTER – III DISTRICT GOVERNMENT........................................................................................ 9

CHAPTER – IV DISTRICT COUNCIL............................................................................................... 11

CHAPTER – V TEHSIL AND TOWN MUNICIPAL ADMINISTRATION................................................. 13

CHAPTER – VI TEHSIL COUNCIL.................................................................................................. 16

CHAPTER – VII VILLAGE AND NEIGHBOURHOOD COUNCILS....................................................... 18

CHAPTER – VIII LOCAL GOVERNMENT FINANCE......................................................................... 22

CHAPTER – IX LOCAL GOVERNMENT PROPERTY....................................................................... 27

CHAPTER – X LOCAL GOVERNMENT TAXATION........................................................................... 29

CHAPTER – XI PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS............................ 31

CHAPTER – XII SUPERVISION OF LOCAL GOVERNMENTS........................................................... 33

CHAPTER – XIII LOCAL GOVERNMENT RESPONSIBILITY FOR ENFORCEMENT OF LAWS............ 37

CHAPTER – XIV LOCAL COUNCIL ELECTIONS.............................................................................. 40

CHAPTER – XV MANAGING TRANSITION..................................................................................... 52

CHAPTER – XVI MISCELLANEOUS............................................................................................... 54

SCHEDULES

First Schedule........................................................................................................... 60

Second Schedule....................................................................................................... 62

Third Schedule........................................................................................................... 65

Fourth Schedule......................................................................................................... 67

Fifth Schedule............................................................................................................ 70

Sixth Schedule.......................................................................................................... 74

Seventh Schedule...................................................................................................... 75

Annexure................................................................................................................... 77

*****

 

An Act to construct and regulate local government institutions in the Province of the Punjaband to consolidate laws relating to these institutions and to provide for matters connected therewith and ancillary thereto.

 

WHEREAS it is expedient to encourage local government  institutions composed of elected representatives and having special representation of peasants, workers, women, minorities and youth;

 

AND WHEREAS clause (i) of Article 37 of the Constitution of the Islamic Republic of Pakistan, as a principle of policy,  requires  decentralization  of  government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public;

 

AND WHEREAS clause (1) of Article 140A of the Constitution of the Islamic Republic of Pakistan, provides for establishment of a local government system and devolution of political, administrative and financial responsibility and authority to the elected representatives of the local governments;

 

AND WHEREAS for the purposes aforesaid it is necessary to re-organize the local government system in the province of the Punjab and consolidate laws  relating  to these institutions;

 

It is hereby enacted as follows:

 

CHAPTER – I INTRODUCTION

1.                  Short title, extent and commencement.---

 

(1)    This Act may be called the P u n j a b Local Government Act, 2018 (Proposed).

 

(2)               It extends to the whole  of  the  province  of  the  P u n j a b  except,  areas notified as cantonments or any other area excluded  by  Government through notification in the official Gazette.

 

(3)               It shall come into force on such date as  Government  may,  by  notification appoint, and different dates may be appointed for different provisions of this Act.

 

2.                 Definitions.---In this Act, unless the context otherwise requires,-

 

(a)              “building” includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also  includes a wall, well, verandah, platform, plinth, ramp, stair- case and steps;

 

(b)              “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;

 

(c)              “cattle” includes cows, buffaloes, bulls, oxen, bullocks, calves, camels, heifers, sheep and goats;

 

(d)              “conservancy” means the collection, treatment, removal and disposal of refuse;

 

(e)              “devolution” means conferment by Government of its administrative and financial authority for the operation, management and control of specified offices of Government to the local governments;

 

(f)

 
“district” means a revenue district  notified  under  the  West  Pakistan  Land Revenue Act, 1967 (W.P. Act No. XVII of 1967);

 

(g)              “drain” includes a sewer, a house drain,  a  drain  of  any  other  description,  a  tunnel, a culvert, a ditch,  a channel or any other  device   for carrying silage or rain water;

 

(h)               “erect or re-erect a building” means the construction of  a new  building  and includes such material alterations  of  building  as  enlargement  of  any wall, verandah, fixed platform, plinth or a part of the  building,  structural conversion into one or more places for human habitation of a building not originally meant for the purpose, structural conversion of  two or more places of human habitation into a greater  number  of  such  places, addition of any rooms, building substance or other structure to a building, re-construction of whole or any part of the external walls of a building or the renewal of the parts of a wooden building, construction in

a wall adjoining any street or land not belonging  to  the  owner  of  the wall, construction of a door opening to such street  or  land,  such  alteration of the internal arrangements of a building as  affects  its drainage, ventilation or other sanitary arrangements or its security or stability;

 

(i)                “factory” means a factory as defined in “The  P u n j a b  Factories Act, 2013 (Act No. XVI of 2013)”;

 

(j)                “Government” means the Government of Punjab;

 

(k)              “land” includes land which is being build up or is  built up or is  covered  with water or is under cultivation or is fallow;

 

(l)                “local     area”     means     an       area      specified      in Chapter-II;

 

(m)           “local council” means a District Council, Tehsil Council, Town Council, Village Council or, as the case may be, Neighbourhood Council;

 

(n)              “mal-administration” means and includes-

 

(i)                an omission or commission, a decision, process or recommendation, which is contrary  to  law,  rules,  or  regulations or is a departure from established practice or procedure or is arbitrary, biased, discriminatory, oppressive, perverse, unjust or unreasonable or is based on irrelevant grounds; or

 

(ii)               involves the exercise of powers or the failure or refusal to do  so,  for corrupt or improper motives, such as administrative excess, bribery, favoritism, jobbery and nepotism; or

 

(iii)             delay, inaction, incompetence, inefficiency,  ineptitude  or  neglect in  the administration or discharge of  duties and  responsibilities;  or

 

(iv)             repeated notices, prolonged hearings or unnecessary attendance while deciding cases; or

 

(v)              voidance of disciplinary action against an officer or official whose action is held by a competent authority to be biased, capricious, patently illegal or vindictive;

 

(o)            “market” means a place where persons assemble  for  the sale and purchase of meat, fish, fruit, vegetables  or  any  other  article  of food or for the sale and purchase of livestock or animals and includes  any place which may, from time to time, be notified as market;

 

(p)

 
“mauza” means a revenue estate declared under the West  Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967);

 

(q)              “misconduct” means transgression of prescribed code of conduct or dereliction from duty or deliberate unlawful behavior  or violation of law  or rules or lawful directions or orders of Government and includes-

(i)                gross    negligence    in    performance    of    duties    with    manifest wrongful intent or evil design; or

 

(ii)               an act that results in wrongful gain to any person by wrongful application of law; or

 

(iii)             making or managing appointment, promotion or transfer of an officer or official in violation of law or rules or for extraneous consideration; or

 

(iv)             bribery, corruption, robbery, favoritism, nepotism or willful diversion of the fund of the local government;

 

(r)           “municipal services” include intra-city  network  of  water  supply, sanitation, conservancy, removal and disposal of  sullage,  refuse, garbage, sewer or storm water, solid or liquid waste, drainage, public toilets, express ways bridges, flyovers, public roads, streets, foot paths, traffic signals, pavements and lighting thereof, public parks, gardens, arboriculture, landscaping, bill boards, hoardings, firefighting, land use control, zoning, master planning, classification, declassification or reclassification of commercial or residential areas, markets, housing,  urban or  rural  infrastructure,  environment  and  construction, maintenance or development thereof and enforcement of any law or rule relating thereto;

 

(s)         “Neighbourhood” means a mohallah, a group of streets,  lanes or  roads,  in areas with urban characteristics, designated as Neighbourhood by Government;

 

(t)           “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence  to  the  sense  of sight, smell or hearing or which is or may be dangerous  to  life  or  injurious to health or property;

 

(u)         “peasant” means a person who is a landless farm worker or, one who during the period of five years preceding the year in  which  election is  held, has been the owner of not more than five acres of  land  and  depends directly on it for subsistence living;

 

(v)          “prescribed” means prescribed by rules;

 

(w)        “prohibited zone” means any area or areas within a district declared as prohibited zone by a public notice by the concerned  district government  for the purposes of this Act;

 

(x)          “province” means the province of Punjab;

 

(y)          “refuse” includes rubbish, offal, night-soil, carcasses of animals, deposits  of sewerage, waste and any other offensive matter;

 

(z)         “rent” means  whatever  is  by  law payable in money or kind by a  tenant  or lessee on account of the occupation of any building or land or use of  any machinery, equipment or vehicle;

 

(aa) “rules” means rules made under this Act;

 

(bb) “schedules” mean schedules appended to this Act;

 

(cc) “specify” means specified by Standing Orders of Government;

 

(dd)  “street line” means a line dividing the land comprised in, and forming part of a street from the adjoining land;

(ee) “sullage” includes sewerage, polluted water, rain water and any other offensive matter carried by a drain;

 

(ff)                “tax” includes any cess, fee, rate, toll  or  other  charge  leviable  under  this Act;

 

(gg) “tehsil” means a Tehsil notified under the West Pakistan Land Revenue  Act, 1967 (W.P. Act No. XVII of 1967);

 

(hh) “town” means an  area  notified  by  the  Government  under  section-9  to be a Town in a City District;

 

(ii) “village” means an integrated and contiguous human habitation commonly identified by a name and includes a Dhok, Chak, Kalay, Goth, Gaown, Deh, Basti or any other comparable habitation;

 

(jj) “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 Khyber Pakhtunkhwa Industrial Relations Act,  2010  (Act No. XVI of 2010).

 

3.                 Local governments to work within the provincial framework.---

 

(1)    The local governments established under this Act shall function within the provincial framework and shall faithfully observe the federal and provincial laws.

 

(2)      In the performance of their functions, the local governments shall not impede or prejudice the exercise of the executive authority of Government.

 

CHAPTER  – II

LOCAL AREAS AND CONSTITUTION OF LOCAL GOVERNMENTS

 

4.                 Local areas for local governments.--- For the purpose of this Act Village, Neighbourhood, Tehsil, Town, District and City District shall be local areas for local governments.

 

5.             Constitution of local governments.---

 

(1)   Subject to other provisions of this Act, local governments constituted under this Act shall be:--------------------

 

(a)   a City District Government for district; 1)     Lahore

2)      Faisalabad

3)      Gunjrabwala

4)      Multan

5)      Rawalpindi

 

(b)   a District Government for a district other than district with city district governments (enlisted above under section 5 (1) (a));

 

(c)   a Tehsil Municipal Administration for a Tehsil;

 

(d)   a Town Municipal Administration for a Town in the City District;

 

(e)   a Village Council for a village in the rural areas; and

 

(f)     a Neighbourhood Council for a Neighbourhood in areas with urban characteristics.

 

(2)   Government may, by notification in official Gazette, specify the name by which a local government  shall  be  known  and  unless  so  specified,  it shall be known as the local government of the place where its office is situated.

 

(3)   Save as otherwise provided in this Act, every local 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 officer designated in this regard.

 

(4)   Government shall prescribe rules of business for local governments notifying structure and working of local government administration, groups of offices, allocation of business, appointment, posting, promotion and transfer of officers and officials, performance evaluation, channels of communication, coordination of local council business, consultation between offices and incidental matters for smooth and efficient disposal of official business.

 

6.             Delimitation of Village Council and Neighbourhood Council.---

 

(1)    A village council 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;

 

(2)   In the case of an area with urban characteristics, a neighbourhood council shall be an area comprising a 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 Government:

 

Provided that, as far as may be,-

 

(a)              the area of a village and neighbourhood council shall be a territorial  unity;

 

(b)              the boundaries of a village and neighbourhood council shall not cross  the limits of a tehsil;

 

(c)              the area of a village council shall comprise a whole number of patwar circles, or a patwar circle may contain a number of whole  village councils;

 

(d)              the area of a neighbourhood council shall comprise a whole number of census blocks as delimited for the purpose of the preceding population census or a whole number of muaziaat or a combination of a whole number of census blocks and muaziaat; and

 

(e)               the population of village and neighbourhood council within a  district  shall range between 2,000 to 10,000 calculated on the basis of last preceding population census officially published:

 

(f)                 Provided further that in a specific case, Government  may,  for  reasons to be recorded, waive the aforesaid conditions.

 

7.                 Delimitation of Tehsils and Districts.---Government shall, by notification  in the official Gazette, declare tehsils and districts notified under  the  West  Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967), to be tehsils or, as the case may   be, districts under this Act.

 

8.                 Provisions of District apply to City District.---

 

Same as otherwise provided in this Act, the provisions relating to District shall, mutatis mutandis, apply to City District and any reference in these provisions to Nazim District Council, Naib Nazim District Council, District Government and District Council shall, respectively, be read as reference to Nazim City District Council, Naib Nazim City District Council, City District Government and City District Council respectively.

 

9.             Setting up of a Town.---

(1)    Government may, by notification in the official Gazette, declare a whole number of contiguous village councils and neighbourhood councils to be a town in the city district under this Act.

 

(2)   Government shall, by notification in the  official  Gazette,  declare  every  Town referred to in sub-section (1) to be a Tehsil or Sub-division for the purpose of this Act.

 

(3)   Savm as otherwise provided in this Act, the provisions relating to Tehsil

shall, mutatis mutandis, apply to Town and any reference in these provisions to Nazim Tehsil Council, Naib Nazim Tehsil Council, Tehsil Municipal Administration  and Tehsil Council shall, respectively,  be read as reference  to Nazim Town Council, Naib Nazim Town Council, Town Municipal Administration and Town Council.

 

10.             Delimitation Authority and principles of delimitation.---

(1)         Government shall, by notification in the official Gazette, constitute a Delimitation Authority for delimitation of village councils, neighbourhood councils and territorial wards for general seats to tehsil, town and, as the  case may be, district councils.

 

(2)   All wards for general seats shall,  as  far  as  practicable,  be  delimited  having regard to the distribution of population in geographically compact areas, existing boundaries of administrative units, facilities of communication and public convenience and other  cognate  factors to  ensure  homogeneity in the creation of wards.

 

(3)   As far as may be, the wards for elections to  the  same  council shall  be  equal among themselves in population.

CHAPTER  – III DISTRICT GOVERNMENT

11.         Composition of District Government.---

 

(1)   In every district,  there  shall be  a  district government  which shall consist of a district council and district administration made up of the devolved offices.

 

(2)        Executive Authority of district government shall vest in  Nazim,  district council and he/she shall be  responsible  to  ensure  that  the  business  of  the district government is carried out  in  accordance  with  this  Act  and  other laws for the time being in force.

 

12.         Devolution and grouping of offices.---

 

(1)    On commencement of this Act, the organization,  functions,  administration and financial management of local councils in the  province  shall  come under the administrative and financial control of the successor local governments as provided in section 121 of this Act.

 

(2)   On the commencement of this Act, the administrative and the financial authority for the management of the offices of Government, specified in the first Schedule in a District shall stand devolved to the District Government of that District.

 

(3)   The Government may, in addition to the offices specified in sub-section (2), setup other offices specified in Part-B of the First Schedule  in  the  city district.

 

13.         Authority and responsibility of District Government.---

 

(1)         The authority of district government shall comprise the operation, management and control of offices of  the departments  which  are devolved to it; provided that district government shall exercise such authority in accordance with general policy of Government.

 

(2)   Every order in district government shall be expressed to be made in the  name of the district government and shall be executed by a duly authorized officer.

 

(3)   The district government shall be responsible to the people and the Government for improvement of governance and delivery of services within the ambit of authority devolved to it.

 

14.        Functions and Powers of the Nazim, District Council.---  The functions and powers of Nazim, district council shall be to-

(a)   provide vision for district-wide development including sustainable development agenda 2030 and beyond, leadership and direction for efficient functioning of district government;

(b)    develop strategies and timeframe for accomplishment of goals approved by

district council and according to vision of provincial and federal government;

(c)        ensure implementation of devolved functions and maintain administrative and financial discipline;

(d)    oversee formulation and execution of the annual development plan;

(e)    present budget proposals to district council for approval;

(f)     present to district council bi-annual reports on the performance of offices of district government. Also, prepare and submit all due reports to concerned provincial authorities on time;

(g)   call for quarterly reports from Government departments in the district, other than those devolved to district government, present them to district  council  and forward them to Government along with recommendations of district council and his comments for consideration and action;

(h)                                                                                                                initiate  inspections  of  tehsil  municipal  administration,  village                                                      councils and neighbourhood councils in the district;

(i)    issue executive orders to officers-in charge of the devolved departments for discharge of their functions;

(j)    represent district government on civic and ceremonial occasions;

(k)  Develop and maintain databases (preferably online) for evidence based planning cycle; and

(l)  perform any other function as may be assigned to him by Government.

 

15.        Personal responsibility of Nazim, District Council.---

 

Nazim District Council, shall be personally responsible for any loss flowing from decisions made by him personally or under his directions in violation of this Act or any other law for the time being in force and for any expenditure incurred without lawful authority.

 

16.         Disciplinary powers of the Nazim, District Council.---

 

Nazim  District   Council   shall   have   powers   to   take   disciplinary   action   against f unctionaries in district  government under efficiency and disciplinary rules prescribed in this regard.

 

CHAPTER – IV DISTRICT COUNCIL

17.             Composition of the District Council.---

 

There shall be a District Council in each district which shall consist of general seats, seats reserved for women, peasants & workers, youth and non-muslims as provided in Part-A of Second Schedule to this Act.

 

18.         Functions and powers of the District Council.---

 

The functions and powers of the district council shall be to-

 

(a)   approve bye-laws for performance of functions devolved to district government;

 

(b)   approve taxes on subjects provided in this Act;

 

(c)   approve long term (to achieve Agenda 2030 targets and beyond) and short term development plans, annual  and  supplementary  budgetary  proposals of district government including proposals for changes in the schedule of establishment for devolved offices and, where required, intra- district fiscal transfers;

 

(d)   elect Standing Committee of the district council for each office of district government to oversee matters  and  service  delivery  obligations  assigned to the office and report to the district council its findings on efficiency, responsiveness, service delivery standards and performance of  the respective office for review;

 

(e)   elect Finance Committee of the district council for examination of tax and budget proposals, re-appropriations and supplementary grants;

 

(f)     elect District Accounts Committee to scrutinize the accounts showing appropriations of sums granted by  the  district  council  for  expenditure  of the district government, audit reports, statement of income and expenditure and such other matters as the district council may refer to it;

 

(g)   elect a Committee on Conduct of Business to consider matters regarding procedure and smooth conduct of business in the district council;

 

(h)   elect District Committee on Assurances to scrutinize reports on implementation of assurances, promises and undertakings given to the  district council;

 

(i)      elect a Code of Conduct Committee to oversee the observance of code of ethics by the members;

 

(j)      constitute joint committees of village and neighbourhood councils for overseeing  working  of  Government  offices,  district  government  offices and municipal offices providing services in their areas;

 

(k)    make     recommendations    for     enhancement     of     care     for     disabled, disadvantaged and marginalized segments;

(l)      review reports presented by the Nazim, district council; and

(m) review reports and recommendations of District Accounts Committee on the accounts of district government.

(n)   Support tehsil/municipal councils to establish, maintain and consolidate village/neighbourhood council-wise online databases for various purposes

 

19.         Functions of District Council in City District.---

 

In addition to the functions specified in section 18, the district council in a city district shall perform the following functions, namely:

 

(a)        approve master plans, zoning, land use plans, including classification and reclassification of land, environment control, urban design, urban renewal and ecological balances;

 

(b)        review implementation of rules  and  bye-laws  governing  land  use,  housing, markets, zoning, environment, roads, traffic, tax, infrastructure and public utilities;

 

(c)        approve proposals for public transport and mass transit systems, construction of express ways, fly-overs,  bridges,  roads,  under  passes,  and inter-town streets;

 

(d)        approve development schemes for beautification of areas along rivers; and

 

(e)        review development of integrated system of water  reservoirs,  water sources, treatment plants, drainage, liquid and solid waste disposal, sanitation and other municipal services.

 

20.         City District Council to approve certain plans for the Towns.---

 

In case of a town in the city district, the city district council shall perform the functions of approval of such macro municipal plans as may be notified by city district government.

 

CHAPTER –V

TEHSIL AND TOWN MUNICIPAL ADMINISTRATION

 

21.             Composition of Tehsil Municipal  Administration.---

 

(1)     In every tehsil there shall be a tehsil  municipal  administration  which  shall  consist of the tehsil council, tehsil municipal officer, municipal officers and  other officials of the local council service.

 

(2)            The Executive Authority of tehsil municipal administration shall vest in   the Nazim, tehsil council and he shall be responsible to ensure that the business of tehsil municipal administration is carried out in accordance with this Act.

 

22.             Functions and powers of Tehsil Municipal Administration.--- The functions and powers of tehsil municipal administration shall be to-

(a)     monitor and supervise the performance of functionaries of Government offices located in the tehsil and hold them accountable by making inquiries and reports to the district government or,  as  the  case  may  be, Government for consideration and action;

 

(b)     prepare spatial plans for the tehsil including  plans  for  land  use  and  zoning and disseminate these plans for public enquiry;

 

(c)     execute and manage development plans for improvement of municipal services and infrastructure;

 

(d)     exercise control over land-use, land-subdivision, land development and zoning by public and private sectors for any purpose, including for agriculture, industry, commercial markets, shopping centers; residential, recreation, parks, entertainment, passenger and freight transport and transit stations;

 

(e)     enforce municipal laws, rules and bye-laws;

 

(f)       prevent and remove encroachments;

 

(g)     regulate affixing of sign-boards and advertisements;

 

(h)     provide, manage, operate, maintain and improve municipal services;

 

(i)       prepare budget, long term and annual  municipal  development  programmes;

 

(j)       maintain a comprehensive data base and information system ( preferably online) on services in the tehsil, municipal record and archives  and  provide public access to it on nominal charges;

 

(k)     collect taxes, fines and penalties provided under this Act;

 

(l)       organize sports, cultural, recreational events, fairs and shows;

 

(m)  organize cattle fairs and cattle markets;

 

(n)     co-ordinate and support municipal functions amongst village and neighbourhood councils;

 

(o)     Establish, maintain and consolidate village/neighbourhood council-wise online database of all businesses, regulate markets and services, issue licenses, permits, grant permissions and impose penalties for violation thereof;

 

(p)     manage municipal properties, assets and funds;

 

(q)     develop and manage schemes, including site development in collaboration with district government;

 

(r)      authorize officers to issue notice, prosecute, sue  and  follow up  criminal, civil and recovery proceedings against violators of municipal laws; and

 

(s)     prepare financial statements and present them for audit.

 

23.         Functions and powers of the Nazim, Tehsil Council.---

 

(1)          The functions of the Nazim, tehsil council shall be to-

 

(a)   provide vision for tehsil-wide development, leadership and direction for efficient functioning of municipal administration and tehsil based offices of Government;

 

(b)   formulate strategies for  infrastructure  development,  improvement  in delivery of services and implementation of laws;

 

(c)   oversee formulation and implementation of long term (in line with Agenda 2030 and beyond) and annual development programmes at tehsil level;

 

(d)   present budget proposals for approval of tehsil council;

 

(e)   prepare and present report on the performance of municipal  administration  in tehsil council at least twice a year;

 

(f)     call for quarterly reports from tehsil based offices of Government, present them to tehsil council and forward them to  district  government or, as the case may be, Government along with recommendations  of  tehsil  council and his comments for consideration and action;

 

(g)   supervise utilization of funds allocated to  tehsil  municipal  administration; and

 

(h)   represent tehsil municipal administration  on  civic  and  ceremonial occasions.

 

(2)         The Nazim, tehsil council shall be personally responsible for any loss flowing  from decisions made by him personally or under  his directions in violation of  any provisions of this Act  or any other law for the time being in force and for    any expenditure incurred without lawful authority.

 

(3)         The Nazim, tehsil council may, and if directed by the Government shall-

 

a)     create and supervise special units for management and administration of municipal services in the  jurisdiction  of  erstwhile  municipal  committees, and other areas having urban characteristics, in the tehsil;

 

b)     notify representation of the local people for oversight and control  by clustering the Nazimeen  of  contiguous  neighbourhood  councils  in  the units so created; and

 

c)     ensure appropriate allocation of human and financial resources to support municipal services in the units.

 

(4)         Nazim tehsil council shall have powers to initiate disciplinary action against functionaries in the tehsil municipal administration under efficiency  and  discipline rules applicable to the employees of local council  service  and  servants of the local councils.

 

CHAPTER – VI TEHSIL COUNCIL

 

24.             Composition of Tehsil Council.---There shall be a tehsil  council  in  each tehsil which shall consist of general seats, seats reserved for women, peasants and workers, youth and non-muslims as provided in Part-B of  Second Schedule to this  Act.

 

25.             Functions and powers of Tehsil Council.---The functions and powers of  tehsil council shall be to-

 

(a)              approve taxes, fines and penalties proposed by the Nazim, tehsil council;

 

(b)              approve bye-laws for delivery of municipal services;

 

(c)              approve annual budget and appropriations for tehsil municipal administration;

 

(d)              approve long and short term development plans;

 

(e)              approve land use, zoning and master plan of the tehsil, development and maintenance programmes proposed  by  the  tehsil municipal administration;

 

(f)                elect Standing Committees of the tehsil council for municipal  offices, tehsil based offices and  sub-offices of devolved functions  to oversee matters and service delivery obligations assigned to municipal offices, offices and sub-offices of devolved functions in the tehsil and report to the tehsil council their findings  on  efficiency, responsiveness, service delivery standards and performance of the respective offices for review;

 

(g)              elect Finance Committee of the tehsil council for  examination  of  tax and budget proposals, re-appropriations and supplementary grants;

 

(h)              elect Tehsil Accounts Committee to scrutinize the accounts  showing appropriations of sums granted by the tehsil council for expenditure of tehsil municipal administration, audit reports, statement of income and expenditure and such other matters as  the tehsil council may refer to it;

 

(i)                 elect a Committee on Conduct of Business to consider matters regarding procedure and smooth conduct of business in the tehsil council;

 

(j)                 elect Tehsil Committee on Assurances to scrutinize reports on implementation of assurances, promises  and  undertakings  given to the tehsil council;

 

(k)               elect a Code of Conduct Committee to oversee the observance of code of ethics by the members;

 

(l)                 review the reports and recommendations of Tehsil Accounts Committee; and

 

(m)            review the performance reports presented by the Nazim, tehsil council.

 

CHAPTER – VII

VILLAGE AND NEIGHBOURHOOD COUNCILS

 

26.             Establishment of Village Council and Neighbourhood Council.---

 

Within sixty days, after the commencement of this Act, Government shall, by notification in the official Gazette, constitute and notify village and neighbourhood councils in all districts.

 

27.         Composition of Village Council and Neighbourhood Council.---

 

(1)      Every    village council and neighbourhood council, shall comprise of  ten  to  fifteen following members:-

 

(a)              five to ten members,  determined  on  the  basis  of  population,  elected to general seats;

 

(b)              two members elected to seats reserved for women;

 

(c)              one member elected to seat reserved for peasants and workers;

 

(d)              one        member elected          to                 seat    reserved for youth; and

 

(e)              one member elected to seat reserved for non-muslims.

 

(2)         The village council or the neighbourhood council, as the  case may be,  shall be  a multimember ward for election of members to be held on non-party basis through adult franchise and joint electorate.

 

(3)         The candidates securing highest and second highest number of votes in the election to the general seats of the village council or the neighbourhood council, as the case may be, shall respectively be the Nazim and Naib Nazim of the village council or the neighbourhood council, as the case may be.

 

(4)         Executive Authority of the village council or the neighbourhood council, as the case may be, shall vest in respective Nazim village council or the neighbourhood council, who shall be deputized by the concerned Naib Nazim during his temporary absence.

Explanation.--- For  the  purposes  of  this  section  and  section  17  and  section  24 of this Act, the term “youth” means a duly qualified candidate for election under this Act, who is below thirty years of age on the last day fixed for filing of nomination papers.

 

28.         Functions and   responsibilities of   the  Nazim,  Village  Council  and Neighbourhood Council.---

 

(1)        The Nazim of village council and neighbourhood council shall:

 

(a)     provide leadership for  council-wide  development  and  preparation  of budget;

 

(b)     organize management of municipal infrastructure with in the area of respective village council or neighbourhood council;

 

(c)     chair panels of members constituted for amicable settlement of disputes;

 

(d)     report to tehsil municipal administration and district government  in respect  of:

 

(i)      encroachment on state and local government property;

 

(ii)    violation of land use plans, building codes, rules and bye- laws;

 

(iii)   sale and trade of dangerous and offensive articles;

 

(iv)  adulteration of articles of food; and

 

(v)    breach of public water courses with  in  the  area  of  the village council or neighbourhood council.

 

(e)              prepare and send quarterly reports on  the performance  of  functionaries of all offices located in the area including education, health, public health engineering, agriculture, livestock, police and revenue to tehsil municipal administration and district government.

 

(2)         The Nazim, village council or the Nazim neighbourhood council, as the  case  may be, shall be responsible for any loss flowing from his decisions and directions in violation of  this Act or any other law for the time being in force     and for expenditures incurred without lawful authority.

 

(3)         The Nazim, neighbourhood council shall represent the council in  the  special units created under section 23 of this Act.

 

29.             Functions of the Village Council or Neighbourhood Council.---

 

(1)         Functions of the village council and neighbourhood council,  as the  case may  be, shall be to:

 

(a)     monitor and supervise the performance of functionaries of all government offices located in the area of the respective  village  council  or  neighbourhood council, including education, health, public  health engineering, agriculture, livestock, police and revenue, and hold them accountable by making inquiries and reports to the tehsil municipal administration, district government

or, as the case may be, the Government for consideration and action;

 

(b)     provide effective forum for out of  court  amicable  settlement  of  disputes and, for this purpose, constitute panels of members as conciliators;

 

(c)     register births, deaths and marriages;

 

(d)     implement and monitor village level development works;

 

(e)     improve water supply sources, maintain water  supply  distribution  system and take measures to prevent contamination of water;

 

(f)       maintain village level infrastructure, footpaths, tracks, streets, prevent and abate nuisances and encroachments in public ways, public streets  and  public places;

 

(g)     maintain and improve collective  property  including  playgrounds,  graveyards, funeral places, eid-gah, parks, public open spaces and community centers;

 

(h)     identify development needs of the area for use by municipal administration and district government in prioritizing development plans;

 

(i)       make  arrangements  for  sanitation, cleanliness, disposal    of garbage and carcasses, drainage and sewerage system;

 

(j)       display land transactions in the area for public information;

 

(k)     mobilize community for maintaining public ways, public streets, culverts, bridges and public buildings, de-silting of canals and other development activities;

 

(l)       develop sites for drinking and bathing of cattle;

 

(m)  organize cattle fairs and agriculture produce markets;

 

(n)     organize sports teams, cultural and recreational activities;

 

(o)     organize watch and ward in the area;

 

(p)     promote plantation of trees, landscaping and beautification of public places;

 

(q)     regulate grazing areas, establish cattle ponds and  provide  protection  against stray animals and animal trespass;

 

(r)      consider and approve annual budget presented by the respective Nazim, village council or neighbourhood council;

 

(s)     facilitate formation of voluntary organizations for assistance in functions assigned to it;

 

(t)       facilitate the formation of co-operatives for improving economic returns and reduction of poverty;

 

(u)     elect an Accounts Committee and review its recommendations on the annual statement of accounts and audit reports; and

 

(v)     report cases of handicapped, destitute and of extreme poverty to district government.

 

(w)  Establish and maintain database of all business

 

(x)    Establish and maintain online birth and death registers

 

(y)    Collect Zakat and Usher from the residents

 

(2)     The respective village council or neighbourhood council shall assist district government and tehsil municipal administration in  conducting  surveys,  collecting socio-economic data and selecting sites for municipal and social facilities and services.

 

CHAPTER –  VIII LOCAL GOVERNMENT FINANCE

 

30.         Establishment of Local Funds and Public Accounts.---

 

(1)      There shall be established a district fund, a tehsil fund, village fund and neighbourhood fund, as the case may be, for each respective local government.

 

(2)         To the credit of the respective Fund shall be placed all revenues received by a local government from the following sources:

(a)         monies transferred by another local government under this Act;

 

(b)         grants     made     or     monies    received     from     Government     or     other authorities in Pakistan;

 

(c)         the proceeds of taxes levied by a local government under this Act;

 

(d)         rents and profits payable or accruing to a local  government  from immovable property vested in or controlled or managed by it;

 

(e)         proceeds or any other profits howsoever known or called from bank accounts and investments of a local government;

 

(f)           gifts, grants or contributions by individuals or institutions;

 

(g)         income    accruing    from    markets    or     fairs    regulated     by    a     local government;

 

(h)         fines imposed and recovered under this Act; and

 

(i)            proceeds from other sources of income which are placed at the  disposal   of a local government under directions of Government.

 

(j)            Zakat and Usher collected

 

(3)         To the credit of respective Public Account of the local government shall  be placed all revenues received by a local government from the following sources-

 

(a)         receipts accruing from trusts administered or managed by it;

 

(b)         refundable deposits received by it; and

 

(c)         deferred liabilities.

 

 

(4)         A local government, may and if required by Government shall establish and maintain a separate fund for  any special purpose to which one or more sources of revenue mentioned in sub-section (2) or any part of these sources or any specified portion of the Fund may be assigned and which shall be administered and regulated in such manner as Fund of the local government.

 

31.             Custody and Operation of Funds and Public Account.---

 

(1)         Monies credited to a  Fund  or  a Public  Account  of  a  local government shall  be kept in the State Bank, Government Treasury,  a post office  or a bank  in  such manner as shall be specified by the Government from time to time.

 

(2)         The Funds shall be operated in such a manner as may be prescribed.

 

32.             Charged expenditure.---

 

(1)         The following expenditure shall be charged  on  the Fund of local government, that is to say:

 

(a)         such sums as are required for repayment of debt;

 

(b)         any sum required to satisfy any  judgment,  decree  or  award  against  the local government by any Court or Tribunal;

 

(c)         such sums as  the  local  government  may  be  required  by  Government  to contribute towards the conduct of elections, the  maintenance  of specified group of functionaries and the auditing of accounts; and

 

(d)         any expenditure declared by Government to be so charged.

 

(2)          If any expenditure is a compulsory charge on the Fund of a local government  and is not paid, Government may, by order, direct the person  having  the  custody of the Fund to pay such amount, or so much thereof as  may  be  possible from time to time, from the balance of the Fund.

 

33.             Application of Funds.---

 

(1)       The money credited to the Fund of a local government shall be expended in accordance with annual budget approved by the respective local council.

 

(2)         No local government shall transfer monies to a higher level of  Government except by way of repayment of debts or for carrying out deposit works or as provided in this Act.

 

(3)         Where a new local government is to take over during  a  financial  year as  a result of fresh elections, the outgoing local government shall not spend funds or make commitments for any expenditure, under any demand for grant or appropriation, in excess of eight percent per mensum of the budgeted funds for remainder of its term in office.

 

34.         Budget Preparation.---

 

(1)   The annual budget for each local government shall contain estimates of:

 

(a)         grants-in-aid from Government;

 

(b)         amounts available in the respective Fund;

 

(c)         receipts for the next year; and

 

(d)         expenditures to be incurred for the next year.

 

(2)         The Government shall, sufficiently  before  the  beginning  of  each  financial  year, notify the provisional grants, which may be credited  to  the  Fund  of  a local government from the Provincial Consolidated Fund.

 

(3)         No demand for a grant shall be made except on the recommendation of the respective Nazim.

 

(4)         Conditional grants from Government or other local government will be shown separately in the budget and will be governed by conditions provided therein.

 

(5)         Before the commencement of a  financial  year  each  local  government  shall, for its Fund, prepare in the prescribed manner, a budget for that year.

 

35.         Approval of Budget.---

 

(1)      Before the commencement of the  next  financial  year,  each  Nazim  shall, present the budget for consideration and approval of the respective  local  council.

 

(2)         The budget of a local government shall be approved by simple majority of the total membership of the respective council.

 

(3)         No other business shall be taken up by a council during budget session.

 

(4)         In case a budget  is  not  approved  by  the  local  council  before  commencement of the financial year to which it relates, Government shall prepare, approve and authenticate budget for the local government.

 

(5)         A local council shall not be empowered to approve a budget if  the  sums  required to meet estimated expenditures exceed the estimated receipts.

 

(6)         The Nazim shall authenticate by his signature a schedule specifying the:

 

(a)         grants made or deemed to have been made by the local council; and

 

(b)         the several sums required to meet the expenditure  charged  upon  the Fund of the local government.

 

(7)         The schedule so authenticated shall  be  laid  before  the  local  council,  but  shall not be open to discussion or vote thereon.

 

(8)         The schedule so authenticated shall be communicated to the  respective Accounts Officials and Government.

 

(9)         At any  time  before  the expiry  of  the  financial  year  to  which  budget  relates, a revised budget for the year may, if necessary,  be prepared and sanctioned  and  such revised budget shall,  so far  as may be, be subject  to the provisions  of this section.

 

36.        Accounts.---

 

(1)        The accounts of  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 Pakistan may prescribe.

 

(2)         The following arrangement for maintaining of accounts in  local  governments shall be followed:

 

(a)         the District Accounts Officer shall maintain the accounts of each district government;

 

(b)         the Tehsil Accounts Officer shall maintain the accounts of the tehsil municipal administration;

 

(c)         the Village Accountant shall maintain the accounts of village council;

 

(d)         the Neighbourhood Accountant shall maintain the accounts of neighbourhood council; and

 

(e)         the Accounts Officer mentioned in clauses (a),(b) (c) and (d) shall perform pre-audit of all payments from the respective Fund before approving disbursements of monies.

 

(f)           the Accounts Officer mentioned in clauses (a),(b) (c) and (d) shall accomplish their assigned tasks within 15 working days to avoid any delay in implementation of funds

 

(3)         The District Accounts Officer shall, quarterly and annually, consolidate the accounts of  local  governments  in  the  district  separately  for  receipts  from  the Government and local resources and send a copy to Government, Accountant General and Nazim district council.

 

(4)         Local governments shall publish annual accounts for public information.

 

(5)         Accounts Committees of the respective  local  councils  shall  hold  public hearings to consider audit reports, objections to statement of accounts and recommend appropriate action to the local council.

 

37.             Audit.---

 

(1)    The Auditor General of Pakistan shall, on the basis of such audit as he may consider appropriate or necessary,  certify  the  accounts  compiled  and prepared by the respective accounts officials of local governments for each financial year, showing annual receipts  and  disbursements  for  the  purposes  of each local government and shall submit certified accounts with such notes, comments or recommendations as he may consider necessary to the Government and Nazim of the respective local council.

 

(2)         The Nazim shall cause the audit  report  to  be  submitted  to  the  respective  local council and the local council shall refer it to its Accounts Committee for examination.

 

(3)         Every district government and tehsil municipal administration shall publish its annual audit report for information of public.

 

(4)         Every Nazim, district council and tehsil council shall appoint an Internal Auditor  as principal support person for provision of information to him and members of the respective local council on fiscal performance of the local government.

 

CHAPTER  – IX

LOCAL GOVERNMENT PROPERTY

 

38.             Ownership of property.---

 

(1)      Subject to any conditions imposed by Government, the property specified hereunder shall vest in the respective local government if it is-

 

(a)   vested in a local government through succession;

 

(b)   transferred to the local government by the Government or any other authority, organization or an individual; and

 

(c)   constructed or acquired by a local government with its title.

 

(2)         The properties of Government in possession of the local councils established under the Punjab Local Government Act, 2012 (Punjab. Act. No. VIII of 2012), shall pass on to their successors as provided in this Act till varied  by Government.

 

(3)         The local government shall, subject to policy of Government or contractual obligations, make bye-laws for the use, development, improvement,  management and inspection of property which  is owned by or  vests in it or which is placed under its management charge.

 

(4)         Subject to other provisions of this Act, Government shall not, except with the  prior consent of the local government concerned, reallocate or in any manner divest title of properties vested in that local government under this Act.

 

39.             Stock taking by the Nazim.---

 

(1)         Every Nazim shall, on assumption of his  office and thereafter, once in  every  year on a date fixed by him, take physical stock of movable and immovable properties of the local government and present a report to the local council.

 

(2)         The report shall contain-

 

(a)   particulars of the properties held during the preceding year;

 

(b)   total value of the property and annual return there from;

 

(c)   particulars of unserviceable articles and losses if any; and

 

(d)   plans for utilization, development and improvement during the following year.

 

40.             Use and disposal of properties.---

 

(1)    Properties of local government shall be used only for public purposes.

 

(2)         Immovable properties of local government shall not be sold or permanently alienated:

 

(a)   Provided that such properties may be given on lease through competitive bidding in public auction for a period to be determined by the Government:

 

(b)   Provided further that no such property under or near a fly-over bridge shall   be leased or otherwise given to any person for private, commercial or non-commercial use, and any order, licence, permission, tehbazari ticket, handcart passes or certificate issued by any authority at any time in this respect shall stand withdrawn and shall be deemed cancelled.

 

(3)         Movable property of a local government which is  required  to  be  disposed of and all articles declared unserviceable shall be  sold  through  competitive  bidding in public auction.

 

41.             Personal responsibility with regard to loss and waste.---

 

(1)         Every official or servant of a local government, every  member  of  a  local council, and every person charged with administration and management of property of a local government shall be personally responsible for any loss or waste, financial or otherwise, of any property belonging to a local government which is a direct consequence of decisions made by him  personally  or  under  his directions in violation of this Act or any  other  law  for  the  time  being  in force or which  accrues as  a result of his negligence or  misconduct, and shall  be liable to pay such surcharge as may be determined by the respective Accounts Committee and such amount shall be recoverable as arrears of land revenue.

 

(2)                     Any person aggrieved by the imposition of liability under sub- section (1) may prefer an appeal to Government whose decision shall be final:

 

(a)   Provided that no order shall be passed in appeal, except after giving the aggrieved person an opportunity of being heard.

 

CHAPTER  – X

LOCAL GOVERNMENT TAXATION

 

42.             Imposition, notification and enforcement of Taxes.---

 

(1)                     A local government subject to the provisions of any other law may, and if directed by Government shall, levy all or any of the taxes and levies specified in the Third Schedule.

 

(2)         No tax shall be levied without previous publication of the tax proposal inviting  and hearing public objections and approval of the respective local council.

 

(3)         A local government may reduce, suspend or abolish a tax.

 

(4)         Where a tax is  levied  or  modified,  the  local  government  shall  specify  the date for the enforcement thereof, and such tax or the modification  shall come  into force on such date.

 

(5)         Government shall have power to direct a local government to levy any tax, increase or reduce any such tax or the assessment thereof and suspend or abolish the levy of any tax.

 

43.             Model Tax Schedule.--- Government may frame Model Tax Schedules and when such schedules have been framed a local government shall be guided by them  in levying a tax.

 

44.             Rating Areas and Property  Tax.---

 

(1)        On commencement of this Act, every tehsil shall be rating area within the meaning of the Khyber Pakhtunkhwa Urban  Immovable  Property  Tax  Act,  1958 (W.P. Act V of 1958).

 

(2)         The rate of property tax in an  area  within  a  tehsil  shall  be  subject  to  approval of respective tehsil council:

 

(a)   Provided that in the areas within a tehsil where rate has not been  determined, the areas shall be  deemed  to be exempted  from  property tax till determination of the rate.

 

(3)         Unless varied under sub-section (2) above, the existing rates  in  the  areas  within a tehsil shall remain in force.

Explanation.--- For the purpose of this section the “rate” shall mean the tax leviable under the Punjab Urban Immovable Property Tax Act, 1958 (W.P. Act V of 1958).

 

45.             Collection and recovery of taxes.---

 

(1)        Failure to pay any tax and other money claimable under this Act shall be an offence.

 

(2)         All arrears of taxes, rents and other moneys claimable by a local government under this Act shall be recoverable as arrears of land revenue.

 

(3)         Government  may empower any local government to recover arrears of  taxes    or any other moneys claimable by the local government under this Act 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)         Government may 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.

 

46.             Liability on account of taxes.---

 

(1)     A local government may by notification, call upon any person to furnish such information, produce such record or accounts or to present such goods or animals liable to any tax as  may  be  necessary  for  the  purpose  of  determining the liability of such person to a tax.

 

(2)         Any official of a local government authorized in this behalf,  may  after  due notice, enter upon any building or premises for the purpose of assessing the liability of such building or premises to any tax, or inspecting any goods or animals therein liable to any tax.

 

(3)         Any official of a local government authorized in this behalf may, in  the  prescribed manner, seize and dispose of any goods  or animals on which  any  tax is due and is not paid.

 

47.         Deduction of taxes from salaries.--- If a local government levies a tax on professions, trades or callings, it may require the employer  of the person liable to  such tax to deduct the tax from the salary or wages payable to such person, and on such requisition the amount of the tax due shall be deducted from  the  salary  or wages of the persons concerned and credited to the Fund of the local government.

 

 

48.         Petitions against valuation and assessment.--- No assessment  of  a  tax under this Act or valuation there for, or the liability  of a person to  be  so taxed,  shall be called in question except by a petition presented to  such  authority,  in  such manner and within such period as may be prescribed.

 

49.         Taxation rules.--- All taxes and other charges levied by a  local  government shall be imposed, assessed, leased, compounded, administered and  regulated  in such manner as may be prescribed by rules which may,  among  other  matters, provide for the obligation of the tax payer and the duties and powers of the officials responsible for the assessment and collection of taxes.

 

50.         Local governments not to incur  debt.---

 

(1)   No local government shall incur any debt.

 

(2)       No monies of the local government shall be invested in securities other than  those floated or approved by the Government.

 

CHAPTER – XI

PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS

 

51.         Constitution of Provincial Finance Commission.---

Government shall constitute a Provincial Finance Commission hereinafter referred to as “Finance Commission”.

 

52.         Composition of the Finance Commission.---

 

(1)        The Finance Commission shall consist of the following members:

 

(a)   Minister  for   Finance  Department,   who   shall  be   the   Chairman  of     the Finance Commission;

 

(b)   Minister    for    Local    Government,    Elections    and    Rural    Development Department;

 

(c)   two members of the Provincial Assembly  of  Khyber  Pakhtunkhwa,  one each nominated by the Chief Minister and Leader of Opposition in the said Assembly;

 

(d)   Secretary to Government, Finance Department;

 

(e)   Secretary to Government, Planning and Development Department;

 

(f)     Secretary    to    Government,    Local    Government,    Elections    and     Rural Development Department;

 

(g)   Secretary to Government, Law, Parliamentary Affairs and Human Rights Department;

 

(h)   two Nazimeen, district councils elected by Nazimeen district councils in the province; and

 

(i)      two Nazimeen, tehsil councils elected by Nazimeen of tehsil councils in the province.

 

(2)         The Finance Department shall provide secretariat support to the Finance Commission and provide annual statement on transfer of funds in accordance with recommendations of the Finance Commission.

 

(3)         No proceedings or act of the Finance Commission shall be invalid merely on the ground of existence of a vacancy in its composition.

 

(4)         Subject to this Act, the Finance Commission shall regulate its procedure and business.

 

53.             Functions of the Finance Commission.---

 

(1)        The Finance Commission shall make recommendations to the Government on:

 

(a)   the amount of grant for local governments out of the proceeds of Provincial Consolidated Fund in a financial year in addition to the grant in lieu of

                Octroi and Zilla Tax:                                                                                           

 

(i)      Provided that in addition to the establishment charges budgeted for the devolved functions and transfers in lieu of Octroi and Zilla Taxes, the development grant for local  governments shall be  so determined that  it is not less than thirty percent of the total development budget of the province in the respective year;

 

(b)   formula for distribution of the grant among local governments in  the  province:

 

(i)      Provided that the development grant for village and neighbourhood councils shall be determined on the basis of population;

 

(c)   the  amount  of  special  grants for local    governments    with modalities and conditions to access the facility;

 

(d)   grants in aid to local governments in need of assistance; and

 

(e)   matters relating to local government finance.

 

(2)         While making recommendations, the Finance Commission shall take into  account the principles of fiscal need, fiscal capacity, fiscal effort and fiscal performance of local governments.

 

(3)         The Finance Commission shall also take into consideration poverty, population, lag in infrastructure and revenue base of local governments as factors while formulating its recommendations.

 

(4)         The Finance Commission shall present to the Government  annually a  report    on the analysis of fiscal transfers, the situation of own-source revenue in local governments and the reach and quality of their services and the Government shall cause the report to be laid before the Provincial Assembly.

 

CHAPTER – XII SUPERVISION OF LOCAL GOVERNMENTS

 

54.         Local Government Commission.---

 

(1)        Government shall appoint a Local Government Commission, which shall consist of-

 

(a)   Minister for Local Government, Elections and Rural  Development Department, who shall be the Chairman of the Local Government Commission;

 

(b)   two members of the Provincial Assembly, one  each  nominated  by  the  Chief Minister and Leader of Opposition in the Provincial Assembly;

 

(c)   two eminently qualified and experienced technocrats including a woman selected by Government for a period of three years;

 

(d)   Secretary to Government, Law, Parliamentary Affairs and Human Rights Department; and

 

(e)   Secretary to Government, Local Government, Elections and Rural Development Department.

 

(2)         The Local Government Commission may, for any specific assignment,  co-opt any other person as member; provided that, when it is seized with an inquiry against a Nazim,  it shall be mandatory for the Local Government  Commission   to co-opt a disinterested Nazim, district council as member.

 

(3)         Government shall provide separate budget for the Local Government Commission with Director  General,  Local  Government  and  Rural  Development as Principal Accounting Officer, who shall provide secretarial support and render assistance to the Local Government Commission.

 

(4)         No act or proceedings of  the  Local Government  Commission shall be  invalid  by reason or existence of any vacancy, or defect, in its constitution.

 

55.         Functions of the Local Government Commission.---

 

(1)    Functions of the Local Government Commission shall be to:

 

(a)   conduct annual and special inspections of local governments and submit reports to the Government;

 

(b)   conduct, on its own initiative or, whenever, so  directed  by  the  Chief  Minister or, whenever, a reference  is  made  by  a  Nazim,  district  council, an inquiry by itself or through district government into any matter concerning  a local government;

 

(c)   resolve disputes between local governments;

 

(d)   submit to the Chief Minister an annual report on the over-all performance of district governments and tehsils municipal administration; and

 

(e)   take cognizance of violations of laws and rules by a local government.

 

(2)         Where the Local Government  Commission  is  of  the  opinion  that  suspension of a Nazim, Naib Nazim or a member of a local council is necessary for the purposes of a fair enquiry or  preventing  him  from  continuing  with  any  unlawful activity during an enquiry, it may recommend to the Chief Minister for suspension of such Nazim, Naib Nazim or a member of a local council, as the case may be, for a maximum period of thirty days.

 

(3)         Where, on an enquiry, the Local Government Commission holds a Nazim, Naib- Nazim, or a member of a council guilty of misconduct, it shall recommend appropriate action, including his removal, to the Chief Minister.

 

(4)         The Local Government Commission shall have the  same  powers  as  are  vested in a Civil Court under the Code of Civil Procedure,  1908  (Act  V  of  1908), in respect of the following matters, namely:

 

(a)   summoning and enforcing attendance of any person and examining him on oath;

 

(b)   compelling production of documents;

 

(c)   receiving evidence on affidavits; and

 

(d)   issuing commission for the examination of witnesses.

 

56.         Responsibility of the Local Government Commission.---

 

The Local Government Commission shall be responsible to the Chief Minister.

 

57.         Relations of Government with District Government.---

 

(1)        District government shall carry out its functions in accordance with provisions of this Act and the rules made there under.

 

(2)        Government may provide guidelines and render advice to Nazim, district council for achieving the ends of Government policy and  for  promoting  economic,  social and environmental security of the province.

 

58.             Directions by Chief Minister.---

 

The Chief Minister may, by himself or through  any officer specifically authorized by him, issue directives in public interest to a Nazim, district council for implementation and if he fails to comply with the directions, the Chief Minister may require the Chief Secretary to take such action as the situation may necessitate.

 

59.             Suspension and removal of a Nazim.---

 

(1)       Where, in  the  opinion  of  the Chief  Minister, a Nazim  is deliberately  avoiding  or abstaining willfully or failing to  comply with  directions given under this Act,  the Chief Minister may, for reasons to be recorded and conveyed in writing, suspend him for a period not exceeding thirty days and refer the matter to the Local Government Commission for enquiry.

 

(2)         During the course of enquiry, the Local Government Commission shall provide an opportunity of personal hearing to the suspended Nazim and shall submit its report along with its recommendations which may include removal of the Nazim to the Chief Minister for appropriate action in light of such recommendations.

 

(3)         During the period of suspension of the Nazim, the Naib Nazim shall act  as  Nazim and in case no decision is taken within thirty days from the date of suspension of the Nazim, he shall stand re-instated to his office.

 

60.         Setting aside an order of Nazim District Council.---

 

(1)       Where, in the opinion of the Chief Minister, an order or decision of the Nazim, district council is not in conformity with law or is against the interest of the  people, he may, for reasons to be recorded and conveyed to the concerned Nazim, district council, suspend such order or, as the case may be, decision,  refer the matter to the Local Government Commission for enquiry to be completed within sixty days and may on receipt of the report,  quash  the  order  or decision of the Nazim, district council, if it is so recommended by the Local Government Commission:

 

(a)   Provided that, if no action is taken within sixty days of suspension of the  order or decision of the Nazim, district council, such order or, as the case  may be, decision shall stand restored.

 

(2)     The quashment of an order or decision referred to in sub-section (1) shall be notified by Government in official Gazette.

 

61.         Internal controls, inspection and supervision.---

 

(1)          Nazim, district council may, with the approval of district council, designate inspecting officers to objectively  examine  the  performance  of  a  tehsil municipal administration, village council  and  neighbourhood council  in relation to service delivery.

 

(2)         Inspection reports prepared on specified format and containing evaluation of performance in relation to achievement of targets, responsiveness to citizens’ difficulties, efficiency in delivery of services and transparency  in  functioning, shall be presented to the district council.

 

(3)         If the district council resolves that the situation requires action against the concerned Nazim, Naib Nazim or member of the  concerned  local  council,  it may require Nazim, district council to refer  the  matter  to  the  Local  Government Commission.

 

(4)         In all other cases, the Nazim, district council may require the respective  Nazim  to take appropriate remedial action.

 

62.         Setting aside an order of Nazim, Tehsil Council.---

 

(1)        On a motion initiated by Nazim, district council, a district council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside an order or decision of general application taken by Nazim,  tehsil  council  or  resolution  of  the  tehsil council, as the case may be,   if it considers the same  to  be  inconsistent  with  law or against the interest of  the people or public policy.

 

(2)        The result of the approval of  the resolution  of  district council shall  be  notified  by district government.

 

63.        Setting aside decisions of Nazim, Village Council and  Resolution  of  Village Council etc.---

 

(1)          On a motion initiated by Nazim, tehsil council, a tehsil council may, by a resolution stating the grounds thereof, passed by simple majority of its total membership, set aside an order or decision taken by Nazim, village council, Nazim, neighbourhood council, or a resolution of village  council  or,  as  the  case may be, a resolution of neighbourhood council  in  the  tehsil,  if  it  considers the same to be inconsistent with law or 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 tehsil municipal administration.

 

64.             Suspension of Resolutions and Proceedings.---

 

Where in the opinion of Government anything done or intended to be  done  as  a  result of a resolution of a  local  council is  not  in  conformity  with  law,  Government for reasons to be recorded may suspend the execution of  such  resolution  and  prohibit the doing of anything resolved to be done.

 

65.             Conduct of members of the Local Councils.---

 

(1)        The Code of Conduct  Committee  in each local  council shall ensure adherence of all members of the local councils, Nazimeen and Naib Nazimeen to the prescribed code of ethics for promoting their honest, responsible and efficient functioning and behavior.

 

(2)        The Code of Conduct Committee shall monitor the conduct of the elected representatives and report incidents of inefficiency and corruption to the concerned local council which may invoke proceedings  of  disqualification against such member.

 

CHAPTER  – XIII

LOCAL GOVERNMENT RESPONSIBILITY FOR ENFORCEMENT OF LAWS

 

66.         Offences, punishments and their cognizance.---

 

(1)      The offences specified in Fourth and Fifth Schedules shall be liable  to  punishment by way of imprisonment, fine, seizure, forfeiture, confiscation, impounding and such other penalties as are provided in this Act.

 

(2)         Whoever commits any of the offences specified in-

 

(a)   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  fifty thousand rupees, or with both and, where an accused  was directed by the Enforcement Officer for immediate discontinuance of the offence, the Court may impose a further fine which may extend to one thousand rupees  for every day for the  period  the  accused  has  persisted  in  the  offence from the date of its commission;

 

(b)   Part-II of the Fourth Schedule shall be punishable with imprisonment which may extend to six months or fine which may extend to five thousand rupees, or with both and, where an accused was directed by  the  Enforcement  Officer for immediate discontinuance  of  the  offence,  the  Court  may impose a further fine which may extend  to two  hundred rupees  for every  day for the period the  accused  has  persisted  in  the  offence  from  the  date of its commission; and

 

(c)   Fifth Schedule shall in the first instance, be liable to fine by issuing a ticket specified in the Sixth Schedule  and,  where  an  accused  repeats  the offence within a period of two months for which he was fined, he shall be liable to the same punishment as provided in clause (b).

 

(3)         The offences specified in clause  (a)  of  sub-section  (2)  shall  be  cognizable and information in this regard shall  be  reported  to  the  respective  police  station for registration of a case against the accused.

 

(4)         A Court shall take cognizance of the offences specified in clause (b) of sub- section (2) on a complaint made in writing by Enforcement Officer.

 

(5)         The offences specified in Part II of the Fourth  Schedule and Fifth  Schedule  shall be tried in a summary manner in accordance with  the  provisions  of  section 260 to 265 of the Code of  Criminal Procedure,1898 (Act V of 1898),     but the limit of punishment mentioned in sub-section (2) of section 262 thereof shall not be applicable.

(6)         Government may, by notification in the official Gazette, entrust to a local government the enforcement responsibility of any other law for the time being in force.

 

67.             Appointment and control of Enforcement Officers.---

 

(1)       On a motion initiated by its Nazim, the district  council or,  as the case may be,  the tehsil council shall designate officers as Enforcement Officers for  the offences specified in Fourth and Fifth Schedules.

 

(2)         The district government shall notify Controlling Authority for the Enforcement Officers.

 

68.         Imposition of fine through ticketing.---

 

(1)    Where any person, in the opinion of  an  Enforcement  Officer,  is  contravening any provision of the law  relating  to  the  offences  specified  in Fifth  Schedule, he shall charge the accused by issuing a ticket in the form specified in Sixth Schedule for payment of fine, if such offence has been committed for the first time in two months.

 

(2)         The ticket shall be issued in quadruplicate by delivering three copies to the accused after obtaining his signatures or thumb impression on the fourth copy    to be retained by the Enforcement Officer for record.

 

(3)         The person to whom a ticket has been issued under this section may either contest the imposition of fine in the Court within ten days from the date of the issuance of the ticket or deposit the  fine  within  that  period  and  provide  a  copy of payment receipt to the Enforcement Officer.

 

(4)         The fine may be deposited in the designated Bank Account of the local government within ten days from the date  of  imposition for  credit  in the Fund  of the local government:

 

69.             Procedure for default in deposit of fine.---

 

(1)        The Enforcement Officer shall, on daily basis, provide a scroll of  all  unpaid tickets to the Controlling Authority, who shall forward the same to the  court having jurisdiction in the cases.

 

(2)         The court receiving the scroll shall issue summons to the accused forthwith stating date of hearing for trial as enumerated in section 66.

 

(3)         Where on the first date  of  hearing,  the  accused  appears  before  the  court  and produces proof of deposit of fine, or unconditionally admitting his failure, deposits the fine forthwith along  with  the  penalty  which  shall  not  be  less  than ten percent  and not more than twenty five  percent  of the amount  of fine  as determined by the court in accordance with the procedure provided in sub- section (2) of section 388 of the Code of Criminal Procedure,1898 (Act V  of 1898) further proceedings against  the  accused  may  be  dispensed  with  and no conviction shall be recorded against him.

 

(4)         Upon failure of the accused to appear before the court in response to the summons, the court shall forthwith issue warrants  for  arrest  of  the  accused and upon issuance of such warrants the accused will be liable to punishment under clause (b) of sub-section (2) of section 66

(5)         The fines imposed by a court for an offence specified in Fifth Schedule shall on collection be deposited in the Fund of the respective local government.

 

70.             Municipal Wardens.---

 

(1)     With prior approval of Government, the city district government and tehsil municipal administration may establish and maintain municipal wardens;

 

(2)    Government may, notwithstanding    anything    contained    in    the    Police Order, 2002, or in any other law,  specify the duties which the municipal wardens may  be required to perform.

 

71.             General Powers of Enforcement Officers.---

 

(1)         In case of any serious threat to the public health, safety or welfare or danger to life and property, or where violation of any rule or bye-law is being committed,  the Enforcement Officer may, in his area of  jurisdiction,  in  addition  to  imposition of fine or initiating prosecution under this Act-

 

(a)   suspend any work;

 

(b)   seize the goods;

 

(c)   seal the premises;

 

(d)   demolish or remove work; or

 

(e)   issue directions for taking corrective measures within a specified time.

 

(2)         An Enforcement Officer shall not enter any dwelling unit without permission of  the occupier or search warrant from a court competent jurisdiction.

 

(3)         An Enforcement Officer may, in relation  to  the  offences  specified  in  Fourth and Fifth Schedules-

 

(a)   issue notices in writing on behalf of the local government;

 

(b)   initiate legal proceedings in court; and

 

(c)   assist in defending legal proceedings against the local government.

 

72.             Registers, reports and enforcement Gazette.---

 

(1)          District government shall specify registers for maintaining record of cases and forms for monthly reports regarding enforcement activities.

 

(2)   The Controlling Authority shall periodically review enforcement effort, compile reports and publish quarterly District Enforcement Gazette.

 

(3)   All data, related registers, forms and reports will be maintained electronically, preferably online

 

73.             Police support to Enforcement Officers etc.---

 

A local government may requisition  a  police  contingent  on  deputation  or  payment of   charges       in             accordance          with the provisions of Police Order, 2002 (Chief

 Executive’s Order No. 22 of 2002).

 

CHAPTER – XIV LOCAL COUNCIL ELECTIONS

 

74.             Franchise, Wards and Electoral College.---

 

(1)                     Same as otherwise provided, election of members of village council, neighbourhood council, tehsil council and district council, Nazim, Naiz Nazim of district, tehsil, municipal councils & city governments and mayors shall be held  on the basis of adult franchise and joint electorate.

 

(2)         Wards for the general seats in tehsil council and district council shall be single member territorial wards.

 

(3)         Each tehsil or, as the case may be, each district shall be a single ward for all seats reserved for women, peasants and workers, youth and non-muslims allocated to the tehsil or district in the respective parts of Second Schedule.

 

(4)         Members to fill seats reserved for women, peasants and workers, youth and non-muslims in the tehsil council and district council shall be elected through proportional representation system of political parties’ list of candidates on the basis of the total number of general seats secured by each political party in      the respective local council.

 

(5)         Elections to District Councils and Tehsil Councils shall be held on party basis  and a political party shall be eligible to obtain an election symbol for contesting these elections.

Explanation: --- For the purpose of this section:

a)     the expression “total number of general seats secured by  each  political party” shall include independent returned candidates or  candidates  who  may duly join such political party  within  three  days  of  the  publication  in the official Gazette of the names of returned candidates and delivers an acceptance letter from the Party Leader addressed to the respective District Returning Officer.

 

b)     the term “Political Party” shall have the same meaning as  assigned  to it in the Political Parties Order, 2002 (Chief Executive’s Order No.

18 of 2002) and the provisions of the said Order shall mutatis  mutandis  apply to political parties contesting election to district and tehsil councils.

 

c)     the term election symbol  shall  have  the  same  meaning  and  connotation as assigned to it in the Allotment of Symbols Order, 2002.

 

75.         Authority for Local Council Elections.---

 

(1)     Election to the local councils shall be held by the Election Commission of  Pakistan, hereinafter referred to as Election Commission.

 

(2)         The Election Commission may require any person or authority to perform such functions or, render such assistance for the purpose of elections, including preparation of electoral rolls and disposal of election petitions  and  other  disputes under this Act as deemed fit.

 

(3)         The Election Commission  may authorize any of  its officers to exercise  any of  its powers and to perform any of its functions under this Act.

 

(4)         It shall be the duty of all executive authorities in the province to assist the  Election Commission in the discharge of its functions.

 

76.             Other powers and functions of the Election Commission.---The Election Commission shall also exercise such other powers and perform such other functions  as may be prescribed.

 

77.         Preparation of Electoral Rolls.---

 

(1)   A person shall be entitled to be enrolled as a voter if he-

 

(a)   is a citizen of Pakistan;

 

(b)   is not less than eighteen years of age; and

 

(c)   fulfils such other conditions as the Election Commission may specify.

 

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

 

(3)         Every person whose name is entered in the electoral roll for  a  local  council,  and no person whose name is not so entered, shall be entitled to cast a vote at an election to the local council.

 

78.         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 council, if he-

 

(a)   is a citizen of Pakistan;

 

(b)   is at least twenty one years of age;

 

(c)   is enrolled as a voter in the electoral rolls of the relevant ward or a council;

 

(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 have a good reputation;

 

(e)   has not been declared by a competent court to be of unsound mind;

 

(f)     is not in the service of the federal, a provincial or a local  government or,    any statutory body or a body which is controlled  by  any  such  government or, in which any of such governments has a controlling share or interest, except the holders of elected public office and  part-time  officials remunerated either by salary or fee; provided that in case of a person who has resigned or retired from such  service,  a  period  of  not  less than six months has elapsed since his retirement;

 

(g)   has not been dismissed, removed or compulsorily  retired  from  public  service on the grounds of moral turpitude, unless a period of five years has elapsed since his dismissal, removal or compulsory retirement;

 

(h)   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;

 

(i)      has not been adjudged a willful defaulter  of  any  tax  or  other  financial  dues owed to the federal, a provincial, or a local government  or  any  financial institution, including utility bills outstanding for six months or more;

 

(j)      has not been convicted by a court of competent jurisdiction on a charge of corrupt practice involving moral turpitude or misuse of power or authority under any law for the time being  in  force,  unless  a period  of  five  years has elapsed since his released;

 

(k)    has not been 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;

 

(l)      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 and rules;

 

(m) has not been declared an un-discharged insolvent by any court;

 

(n)   does not engage in any transaction involving pecuniary  interest  with  the local government of which he is a member;

 

(o)   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;

 

(p)   does not fail to attend a mandatory training course as required  under this  Act;

 

(q)   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

 

(r)     has not used, directly or indirectly, for his election  the  platform,  flag,  symbol, affiliation and financial or material resources or support of an ethnic or sectarian or proscribed party, formation or organization.

 

(2)         Whoever-

(a)   is found by the Election Commission 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 three years; or

 

(b)   having been elected as a member of a local council or a  holder  of  an elective office of the local government is found by the Election Commission 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  council  for  a period of three years.

 

(3)         If any question arises whether a member of a local council has become disqualified from being a member, the Nazim, unless he decides that no such question has arisen, shall refer the question to the Election Commission within fifteen days and should he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.

 

(4)         The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.

 

79.             Term of office, first meeting, election of Nazim or Naib- Nazim  and conduct of business in Local Council.—

 

(1)         The term of office of  a  local  council  shall be four years commencing on the  date on which it holds its first meeting:

 

(a)   Provided that the first meeting shall be held  not  later  than  fifteen  days  from the day on which the names of its members are notified.

 

(2)         Save as otherwise provided, a local council shall in its first meeting and to the exclusion of any other business elect from its members a Nazim  and  Naib Nazim by open division.

 

(3)         Government shall notify the assumption of offices by  Nazimeen,  Naib- Nazimeen and members of the local councils.

 

(4)         Every local council shall meet at least once in every month and regulate its business in accordance with bye-laws made by it:

Provided that district council shall be in session for at least  forty five  accumulated days in a year.

 

(5)         Save as otherwise provided, all meetings of the  local  council  shall  be  convened by the respective Nazim and shall be presided over by the  Naib Nazim.

 

(6)         Save as otherwise provided, decisions of the local 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 Government.

 

(7)         Quorum for the meetings of local council shall be thirty three percent of its total membership.

 

(8)         Meetings of the  local council shall be open  to public, unless the local  council,  by a resolution, decides to hold any meeting in camera.

 

(9)         Minutes of the meetings of the local council shall be recorded and maintained by Secretary of the local council:

(b) Provided that Assistant Director, Local Government and Rural Development  in the district shall act as Secretary of the district council and shall be responsible for coordinating matters relating to secretarial  functions  of  village and neighbourhood councils in the district.

 

80.         Oath  of  office  and  declaration  of assets.---

 

(1)         A member, a Nazim and Naib-Nazim shall, before taking his seat, make and subscribe to an oath in such form as may be specified.

 

(2)         Every Nazim, Naib-Nazim and member shall, after taking oath of office, declare his assets in the manner prescribed.

 

81.             Casual vacancy.---

 

(1)         If the office of a member or a Nazim and Naib-Nazim  for  any reason,  falls vacant during the term of office of a local council, a new member or a  Nazim  and Naib-Nazim, as the case may be, shall be elected  in  the  prescribed  manner within ninety days from the date such vacancy is notified and he shall hold office for the residue of such term.

 

(2)     If the vacancy in the office of member occurs within four months of the expiry of  the term of a local council, the vacancy shall not be filled.

 

82.             Resignation.---

 

(1)    A member of a local council may resign his office by tendering resignation in  writing to the Nazim of a local council of which he is a member.

 

(2)         A Nazim village council or neighbourhood council, may resign his office by tendering resignation in writing to the Nazim of respective tehsil council.

 

(3)         A Nazim, tehsil council or, as  the  case  may be,  district  council,  may  resign his office by tendering resignation in writing addressed to the Chief Minister.

 

(4)         The resignations so tendered shall deem to be  accepted  and  effective  forthwith.

 

(5)         Copies of all resignations shall be forwarded to the Election Commission.

 

83.         Removals.---

 

(1)         Where proceedings of disqualification have been initiated on  an  application made by any person or by the Election Commission on its own motion  against    a member, Nazim, or Naib-Nazim, the Election Commission or any authority authorized by it may issue a notice to him to show cause, within a specified period as to why proceedings against him may not be taken for his removal.

 

(2)         Where the Election Commission or an authority authorized by it is not

 

satisfied with the reply to the notice or any reply to the said notice is not filed within the specified period, it may order for an  enquiry in  the  matter  and for  that purpose appoint an enquiry officer.

 

(3)         On the basis of enquiry, the Election Commission or an authority  authorized by   it may order the removal of a member, Nazim, or, as the case may be, Naib- Nazim:

 

(a)   Provided that  before an order  of removal is passed,  member,  Nazim,  or,  as the case may be, Naib-Nazim against whom enquiry proceedings are carried out shall be afforded a reasonable opportunity of being heard, including personal hearing if so requested.

 

84.             Vote of no-confidence.---A Nazim  and Naib-Nazim, shall cease to hold office  if a vote of no-confidence  is passed against  him in the prescribed manner  by two third majority of the total number of members of the local council electing him ascertained through open division:

Provided that-

(a)       a motion of no-confidence shall not be moved before the expiry of six months of his assumption of office as Nazim and Naib- Nazim; and


 

 

been moved and has failed to secure the requisite majority of  votes  in  its favour at the meeting, no similar motion shall be moved against him

 
before the expiry of six months from the date such motion was moved.

 

85.             Bar against dual membership.---

 

Nazim, Naib- Nazim or member of a local council may contest election  for  any  political office after resigning from his respective existing office before filing of his nomination papers.

 

86.        Notification of election, resignation and removal of Nazim, Naib- Nazim, members, etc.---

Every election, resignation or removal of a Nazim, Naib- Nazim, or a member, or the vacation of office by them shall be notified by the Election Commission.

 

87.         Election Petition and Election Tribunal.---

 

(1)        No election under this Act shall be called in question, except by an election petition made by a candidate for the election.

 

(2)         For the hearing of an election petition the Election Commission shall, by notification, appoint an officer to be an  Election Tribunal for such areas as may be specified in the notification.

 

(3)         Subject to the provisions of  this  Act,  every  election  petition  shall  be  made and tried in such manner as may be specified by the Election Commission.

 

(4)         The Election Tribunal shall have all the powers of a Civil Court trying a  suit  under the Code of Civil Procedure,  1908 (V of  1908)  and shall be deemed to  be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).

 

88.         Corrupt practice.---

 

A person guilty of bribery,  personating,  or  undue  influence shall be punishable for  an offence of corrupt practice with imprisonment for  a  term  which may  extend to three years, or with fine which may extend  to  one  hundred  thousand  rupees,  or  with both.

 

89.         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    retired 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.

 

90.         Personating.---

 

A person is guilty of personating,  if  he  votes  or  applies  for  a  ballot  paper  for voting as some other person whether that other  person  is  living  or  dead  or fictitious.

 

91.             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.

 

92.         Illegal practice.---

 

A person is guilty of illegal practice punishable with fine which may extend to ten 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, 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;  or

 

(f)     fails to provide statement of election expenses as required under this Act;

 

(g)   makes or publishes a false statement-

 

(i)      concerning the personal character of a candidate or his relation  calculated to adversely affect the election of such candidate or, for 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;

 

(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; and

 

(i)      causes or attempts to cause any person present and waiting to vote at  the polling station to depart without voting.

 

93.         Prohibition of canvassing.---

 

A person is guilty of an offence punishable with fine which may extend to  ten  thousand rupees, if he, on the polling day in connection with the election-

 

(a)   convenes, calls or organizes 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.

 

94.         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 ten 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.

 

95.         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 ten thousand rupees, or with both, if he:

 

(a)   fraudulently defaces or destroys any nomination paper or ballot paper;

 

(b)   fraudulently takes out of the polling station any  ballot  paper  or  puts  into any ballot box any ballot paper  other  than  the  ballot  paper  he  is authorized under the rules to put in;

 

(c)   without due authority-

 

(i)      supplies any ballot paper to any person;

 

(ii)    destroys, takes, opens or otherwise interferes with any ballot box or packet or ballot papers in use for the purpose of election; or

 

(iii)   breaks any seal affixed in accordance with the provisions  of the rules;    or

 

(iv)  causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of  the poll; or

 

(v)    fraudulently or without due authority attempts to do any of the aforesaid acts.

 

96.         Interference with secrecy of voting.---

 

A person is guilty of an offence punishable with imprisonment which  may  extend  to six months, or with fine which  may extend to ten thousand rupees,  or  with both, if  he:

 

(a)   interferes or attempts to interfere with a voter when he records his vote;

 

(b)   in any manner obtains or attempts to obtain, in a polling station, information as to the candidate for whom a voter in that station is about to vote or has voted; or

 

(c)   communicates at any time any information obtained in  a polling  station  as  to the candidate for whom a voter in that station is  about to vote or  has voted.

 

97.         Failure to maintain secrecy.---

 

Any candidate or polling agent attending  a  polling  station, or any person attending  the counting of votes, is guilty of an offence punishable  with  imprisonment  which  may extend to  six  months,  or  with  fine  which  may extend to ten thousand rupees, or with both, if he-

 

(a)   fails to maintain or aid in maintaining the secrecy of voting; or

 

(b)   communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.

 

98.         Conduct of officials.---

 

A presiding officer, polling officer or any other officer or official performing a duty in connection with an election, or any member  of  a  police  force,  is  guilty  of  an offence punishable with imprisonment  for  a  term  which  may extend to six months,  or with fine which may extend to twenty thousand rupees, or with both, if  he, during  the conduct or management of an election or maintenance of order at the polling station:

 

(a)   persuades any person to give his vote;

 

(b)   dissuades any person from giving his vote;

 

(c)   influences in any manner the voting of any person;

 

(d)   does  any  other  act  calculated  to  further  or  hinder  the  election  of      a candidate;

 

(e)   fails to maintain or aid in maintaining the secrecy of voting;

 

(f)     communicates, except for any purpose authorized 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; and

 

(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.

 

99.         Breach of official duty in connection with election.---

 

A presiding officer, assistant presiding officer, or any other person employed by any such officer in connection with his official duties imposed by or under this Act is guilty  of an offence punishable with imprisonment for a term which may  extend  to  two years, or with fine which may extend to fifty thousand rupees, or with both, if he, willfully and without reasonable cause, commits breach of any such official duty,  by  act or omission.

 

100.     Assistance by Government servants.---

 

A person in the  service of  Government, the federal government, a local government, or a body owned or controlled by the Government, federal government or a local government is guilty of an offence punishable with imprisonment for a  term  which  may extend to six months, or with fine which may  extend  to  twenty  thousand  rupees, or with both if  he, in any  manner, gives any assistance calculated to further  or hinder the election of a candidate.

 

101.     Summary trial.---

 

All offences under this Chapter except the offence of corrupt practice shall be tried summarily under the provisions of the Code of Criminal Procedure 1898 (Act V of 1898).

 

102.         Cognizance.---

 

No court shall take cognizance of the offences relating to conduct of officials and breach of official duty except on the complaint in writing of the Returning Officer concerned.

 

103.     Prosecution of offences under this Chapter.---

 

Save as otherwise provided no court shall take cognizance of an offence under this chapter except upon a complaint in writing made by  order  or,  or  under  authority from, the Election Commission.

 

CHAPTER – XV MANAGING TRANSITION

 

104.     Administrative Transition.---

 

(1)       On coming into force of  this Act, any office,  authority or municipal body set up   or controlled by Government shall continue providing services without any interruption during the devolution process or its entrustment to any local government under this Act.

 

(2)         All functionaries of district councils, municipal corporation, municipal committees and union councils set up under the Punjab Local Government Act,  2012  (Khyber Pakhtunkhwa Act No. VIII of 2012), shall continue to perform their respective duties and responsibilities with the successor local government under this Act, until transferred to any other local government.

 

105.     Employees’ salaries not to be reduced on transfer, etc.---

 

(1)        On allocation, re-allocation or transfer of the employees of the Government, municipal corporation, district councils, municipal committees and union councils or any other authority, agency or body to any local government  established under this Act, the salaries, emoluments and  pensions  of  such  employees  shall not be reduced on such allocation, re-allocation or transfer.

 

(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 Council Service and  the Servants  of  Local Councils  set up under the Punjab Local Government Act, 2012 (Punjab Act No. VIII of 2012) till such time as Government may deem appropriate.

 

106.         Bar on recruitments.---

 

(1)     During the transition period specified in this Act and till  the  adjustment  for  optimal utilization of all employees of the  Government,  Local Council Service and Servants of Local Councils, no fresh recruitment shall be made to fill any vacancy in local governments set up under this Act, except with the express sanction of government;

 

(2)         Government shall make available the services of the employees placed in its surplus pool for utilization in the offices devolved to local governments.

 

(3)         Local governments shall utilize the services of the employees of the local  councils set up under the Punjab  Local  Government  Act,  2012  (Punjab  Act No. VIII of 2012) for meeting the shortfall in the offices of local governments.

 

107.     Financial transition.---

 

(1)     All taxes and rents which were being charged, levied and collected by any office  of Government, development authority, agency or any local council, shall continue to be charged, levied and collected under this Act by the successor  local governments and every person liable to pay such taxes and rents and accumulated arrears and receivables shall continue to make payment thereof until revised, withdrawn or varied under this Act.

 

(2)      Where any local council established under the Punjab Local Government Act, 2012 (Punjab Act No. VIII of 2012), 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 Act  shall  continue  to  receive  such  grant or compensation.

 

108.         Transitional timeframe.---

 

All actions required for giving effect to the  provisions  of  this  Act  and  transition  to the local government system  set  up there under shall be completed within one year  of the commencement of this Act.

 

CHAPTER – XVI MISCELLANEOUS

 

109.     Complaint Cell.---

 

Every district government, tehsil municipal administration, village council and neighborhood council shall set up a complaint cell for redressal of grievances within  the ambit of their responsibilities under this Act.

 

110.     Training.---

 

The Nazimeen, Naib-Nazimeen, members of the local councils and functionaries in local governments shall attend training courses for such periods and in such manner and at such places as may be prescribed by Government.

 

111.     Appeals.---

 

Any person aggrieved by any order passed by a  local  government  or  its functionaries, in pursuance  of  this  Act  or  the  rules  or  bye-laws  made  there  under, may appeal to such authority, in such manner and within such period as may  be specified.

 

112.     Rules.---

 

(1)         Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

 

(2)         In particular and without prejudice to the generality of  the fore-going  power,  such rules may provide for all or any of the matters specified in Part –I of  Seventh 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 the provisions of this Act, democratic decentralization and subsidiarity;

 

(b)   enhancement of welfare of the people;

 

(c)   fairness and clarity; and

 

(d)   natural justice and due process of law.

 

113.     Bye-laws.---

 

(1)       A district council, tehsil council, village council and  neighbourhood council may,  in their ambit of responsibilities, make bye -laws  to  carry  out the purposes of this Act.

 

(2)        In particular and without prejudice to the generality  of  the  foregoing  power, such bye-laws may provide for all or any of the  matters specified in Part-II  of  the Seventh Schedule:

 

(a)   Provided that the Government may make model bye-laws  on  any, some or all of relevant subjects for the sake of uniformity.

 

114.     Members and servants to be public servants.---

 

All Nazimeen, Naib- Nazimeen, members of the local councils, functionaries of the local governments and every other person duly authorized 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) and shall be subject to the provisions of sections 161 to 169 of the said Code.

 

115.         Delegation of Powers.---A Nazim may delegate any of his powers, including financial powers, under this Act or the rules or bye-laws to any of  the officer in the  local government fully or partly and subject to such restrictions or  conditions as he  may deem fit, after approval by the local council.

 

116.     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 Act.

Explanation: The word “good faith” shall have the same meaning as given to    it in section 52 of the Pakistan Penal Code.

 

117.     General powers of local governments, etc.---

 

(1)          Every local government  shall perform its functions conferred by or under this  Act.

 

(2)        Government shall specify general powers and standard procedures  to  guide local governments in performance of their functions.

 

118.     Local Council Board.---

 

(1)                     Until otherwise decided by the Government, the Local Council Board established, under the Punjab Local Government Act,  2012  (Punjab  Act  No. VIII of  2012), for the administration of  the  Local Council Service and Servants  of Local Councils shall continue to function;

 

(2)        Government shall, within one year  after  commencement  of  this  Act,  provide for service structure of the Local Council Service and the Servants of Local Councils including specification of posts to be filled through Punjab Public  Service Commission.

 

119.     Act to override other laws on the subject.---

 

The provisions of this Act shall have overriding effect, notwithstanding anything contained in any other law, on the subject, for the time being in force.

 

120.     Repeal and saving.---

 

(1)       Soon after the commencement of this Act, the Punjab Local Government Act, 2012 (Punjab Act No.  VIII  of  2012)  shall  stand  repealed  and  all  local councils created under the said law shall stand dissolved.

 

(2)        Save as otherwise specifically provided, nothing in this Act, or any repeal  effected thereby shall affect or be deemed to affect  anything  done,  action  taken, investigation or proceedings commenced, order, rule, regulation, bye-laws appointment, conveyance, mortgage, deed, document or agreement and  contract made or saved, fee levied, tax imposed  or  assessed,  scheme  prepared or executed, resolution passed, direction given, proceedings taken or instrument executed or issued, under or in pursuance of any law repealed or amended by this Act and any such thing, action, investigation, proceedings, order, rule, regulation, bye-laws appointment, conveyance, mortgage, deed, document, agreement, contract fee, tax, resolution, direction, proceedings or instrument suits, right or claims shall, if in force  at the commencement  of this  Act and not inconsistent with any of the provisions of  this  Act,  continue  to  be  in force, and have effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed instituted, acquired  or  issued under this Act.

 

121.     Succession.---

 

(1)          On commencement of this Act, the following local  governments shall succeed the rights, assets and liabilities of the local councils established or continued under the Punjab Local Government Act, 2012 (Punjab Act. No. VIII of 2012):

 

(a)   in the case of all municipal corporations, municipal committees, towns and district councils of all city district government by respective city district councils;

 

(b)   in the case of district councils in districts other than  city  district  governments, by the respective district governments;

 

(c)   in the case of municipal committees for urban areas in districts other than cities with city district governments by the respective tehsil municipal administration;

 

(d)   in case of union councils in rural areas of the province by village councils to the extent of functions assigned to them within their  area of responsibility; and

 

(e)   in case of union councils in areas with urban characteristics by the neighbourhood councils to the extent of functions assigned to them within their area of responsibility.

 

(2)         The Local Government Elections and Rural Development Department, Government of Punjab shall retain and continue to exercise administrative  control over Local Area Development Authorities in the province.

 

(3)         Government or an officer designated  by  Government  shall,  within  one  hundred and eighty days of the commencement of this Act, divide rights, assets and liabilities of the local councils including adjustment of the  staff  amongst  local governments and the decision of  Government  or  of  the  designated  officer shall be final.

 

122.         Certain matters to be prescribed.---

 

Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by  whom,  or  the  manner in which it shall be done, then it shall be done by such authority and in such manner as may be specified.

 

123.     Removal of difficulty.---

 

Government may, by order,  provide  for the removal  of any difficulty which may arise in giving effect to the provisions of this Act.

 

 

*****

 

FIRST SCHEDULE

[See section 12]

 

PART-A

Devolved Office

 

(i)                Primary and Secondary Education

(ii)               Vocational Education

(iii)             Special Education

(iv)             Adult Education and Literacy

(v)              Mother and Child Health Care Centers

(vi)             Basic Health Units

(vii)           Rural Health Centers

(viii)          Social Welfare

(ix)             Community Development

(x)              Sports and Culture

(xi)             Revenue & Estate

(xii)           Agriculture (Extension)

(xiii)          Livestock

(xiv)         On-Farm Water Management

(xv)           Soil Conservation & Soil Fertility

(xvi)         Fisheries

(xvii)        Cooperatives

(xviii)      Social and Farm-forestry

(xix)         Hospitals    other    than    District    Headquarters,    Teaching    and    Tertiary Hospitals

(xx)           Rural Development & Rural Works

(xxi)         Communication and Works, District Roads and Buildings

(xxii)        Public Health & Public Health Engineering

(xxiii)      Population Welfare

(xxiv)      Coordination, Human Resource Management, Planning, Development, Finance and Budgeting functions for the devolved offices

 

 

PART –B

 

ADDITIONAL GROUP OF OFFICES IN CITY DISTRICT

 

 

(i)     Public Transport                  Public transportation and mass transit

Passenger and freight transit terminals Traffic planning, engineering and parking

 

Note: Depending upon the economies of scale and nature of  infrastructure the  City District Government may vary grouping of offices contained in Part-C and set up district municipal offices for integrated development and management of the following services:

 

(a)              Water source development and management, storage, treatment plants, and macro-distribution;

 

(b)              Sewage tertiary and secondary network, treatment plants, and disposal;

 

(c)              Storm water drainage network and disposal;

 

(d)              Flood control protection and rapid response contingency plans;

 

(e)              Natural disaster and civil defense planning;

 

(f)                Solid waste management, treatment and disposal, including land fill sites and recycling plants;

 

(g)              Industrial and hospital hazardous and toxic waste treatment and disposal;

 

(h)              Environmental control, including control of air, water, and soil  pollution in accordance with federal and provincial laws and standards;

 

(i)                Master      planning,      land      use,      zoning      and      classification, reclassification;

 

(j)                Urban design and urban renewal programme; promulgation of building rules and planning standards;

 

(k)              Parks, forests, play grounds, sporting, and other recreational facilities;

 

(l)                Museums, art galleries, libraries, community and cultural centers;

 

(m)           Conservation of historical and cultural assets;

 

(n)              Landscape, monuments, and municipal ornamentation;

 

(o)              Urban and housing development, including urban improvement and upgrading, and urban renewal and redevelopment, with care being taken to preserve historical and cultural monuments;

 

(p)              Regional markets and city-wide commercial centers.

 

SECOND SCHEDULE

[ See sections 17 & 24]

 

Part-A

 

District

General

Women

Peasants/ Workers

Minorities

Youth

Total

Peshawar

92

31

5

5

5

138

Haripur

45

15

3

3

3

69

Nowshera

47

16

3

3

3

72

Charsadda

49

17

3

3

3

75

Swabi

56

19

3

3

3

84

Mardan

75

25

4

4

4

112

Kohat

32

11

2

2

2

49

Karak

21

7

2

2

2

34

Hangu

19

7

1

1

1

29

Bannu

49

17

3

3

3

75

Lakki Marwat

33

11

2

2

2

50

DI Khan

49

16

3

3

3

74

Tank

16

6

1

1

1

25

Abbottabad

51

17

3

3

3

77

Mansehra

59

20

3

3

3

88

Battagram

20

7

1

1

1

30

Swat

67

22

4

4

4

101

Buner

29

9

2

2

2

44

Shangla

28

10

2

2

2

44

Chitral

24

8

2

2

2

38

Dir-Upper

31

10

2

2

2

47

Malakand

28

10

2

2

2

44

Kohistan

39

13

2

2

2

58

Dir-Lower

41

13

2

2

2

60

Torghar

15

5

1

1

1

23

 

Part-B

 

Tehsil

General

Women

Peasants/ Workers

Minorities

Youth

Total

Peshawar

92

31