Updated: Sunday July 14, 2013/AlAhad Ramadan 07, 1434/Ravivara Asadha 23, 1935, at 06:58:05 PM

[1][1]The Punjab Local Government Ordinance, 2001 (Repealed)

(Ordinance XIII of 2001)

[2 August 2001] 

An Ordinance to reconstruct and regulate the local governments. 

WHEREAS it is expedient to devolve political power and decentralise administrative and financial authority to accountable local governments for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grass-roots level;

            AND WHEREAS the Provincial Assembly of the Punjab is dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

            AND WHEREAS under Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive Order No. 11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;

            NOW, THEREFORE, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab, is pleased to make and promulgate the following Ordinance:--- 

Chapter I

Preliminary

1.         Short title, extent and commencement.– (1) This Ordinance may be called the Punjab Local Government Ordinance, 2001.

(2) It extends to the whole of the Province of Punjab other than the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), [2][2][or the Cantonments Ordinance, 2002 (CXXXVIII of 2002),] in relation to the matters covered [3][3][thereunder].

            (3)        It shall come into force on the fourteenth day of August, 2001, except the provisions as contained in section 39 (k), Chapter XVII and section 196 (1) (ii) of Chapter XIX which shall come into force on such date or dates as the Government may, by notification in the official Gazette, declare.

            [4][4][Provided that the Order of the Governor in section 120-D (6) shall remain in force as notified.] 

2.         Definitions.– In this Ordinance, unless there is anything repugnant in the subject or context–

               (i)   ‘body corporate’ means a body having perpetual succession and a common seal, with power to acquire and hold movable and immovable property, and transfer any property held by it, and enter into any contract and may sue and be sued in its name;

              (ii)   ‘budget’ means an official statement of income and expenditure for a financial year;

                  (iii)    ‘building’ includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes wall, well, veranda, platform, plinth, ramp and steps;

             (iv)   ‘building line’ means a line beyond which the outer face or any part of an external wall of a building does not project in the direction of any street, existing or proposed;

              (v)   ‘bye-laws’ means the bye-laws made under this Ordinance;

             (vi)   ‘Council’ means a Zila Council, Tehsil Council, Town Council, Union Council, Village Council and Neighbourhood Council;

            (vii)   ‘decentralise’ or ‘decentralised’ means conferment by the Government under this Ordinance of its administrative and financial authority for the [5][5][operation, functioning and] management of specified offices of the Provincial Government to the local governments;

           (viii)   ‘dependent’ means wholly or partially dependent parents, spouse, guardians, children, step and adopted children;

             (ix)   ‘disaster’ includes famine, flood, cyclone, fire, earthquake, drought, and [6][6][damage] caused by force majeure;

              (x)   ‘district’ means a district notified under the Punjab Land Revenue Act, 1967 (W.P. XVII of 1967), and includes a largely urban district or districts declared to be City District under this Ordinance;

             (xi)   ‘drain’ includes a sewer, a house drain or a drain of any other description, used for carrying sullage or rain water;

     [7][7][(xii)   * * * * * * * * * *]

           (xiii)   ‘Government’ means the Government of the Punjab;

           (xiv)   ‘land’ includes vacant land or on which any structure has been raised or is being raised or is covered with water or is under cultivation or is fallow or is barren and, in relation to a town improvement scheme, includes land as defined in clause (a ) of section 3 of the Land Acquisition Act, 1894 (IV of 1894);

            (xv)   ‘local area’ means an area specified in Chapter II;

           (xvi)   ‘local government’ includes–

                     (a)  a District Government or a City District Government and Zila Council;

                     (b)  a Tehsil Municipal Administration and Tehsil Council;

                     (c)  a Town Municipal Administration and Town Council; and

                     (d) a Union Administration and Union Council;

   [8][8][(xvii)   ‘mal-administration’ means and includes–

                     (a)  an act of omission or commission, a decision, process or recommendation, which–

                              (i)   is contrary to the law, rules or regulations or is a departure from established practice or procedure; or

                             (ii)   is arbitrary, biased, discriminatory, oppressive, perverse, unjust or unreasonable; or

                            (iii)   is based on irrelevant grounds; or

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

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

                     (c)  avoidance of disciplinary action against an officer or official whose action is held by a competent authority to be biased, capricious, patently illegal or vindictive.]

         (xviii)   ‘market’ means a place notified as market under this Ordinance or any other law for the time being in force;

           (xix)   ‘member’ means an elected member of a Council;

            (xx)   ‘mauza’ means a revenue estate declared under the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967);

  [9][9][(xx-a)   ‘misconduct’ means transgression of prescribed Code of Conduct or dereliction from duty or deliberate unlawful behaviour or violation of law or rules or lawful directions or orders of Government and includes–

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

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

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

           (xxi)   ‘municipal offences’ means the offences specified in the Fourth Schedule;

          (xxii)   ‘municipal services’ include, but not limited to intra-city or intra or inter-town or tehsil 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, fire fighting, land use control, zoning, master planning, classification, declassification or reclassification of commercial or residential areas, markets, housing, urban or rural infrastructure, environment and construction, maintenance or development thereof and enforcement of any law or rule relating thereto;

         (xxiii)   ‘Naib Nazim’ means Naib Zila Nazim, Naib Tehsil Nazim, Naib Town Nazim, or, as the case may be, Naib Union Nazim;

         (xxiv)   ‘Nazim’ denotes Zila Nazim, Tehsil Nazim, Town Nazim or, as the case may be, Union Nazim;

          (xxv)   “Neighbourhood” means a Mohallah, a group of streets, lanes or roads, designated by Tehsil Municipal Administration, Town Municipal Administration to be the Neighbourhood;

         (xxvi)   ‘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;

            (xxvii)    ‘prescribed’ means prescribed by rules made under this Ordinance;

[10][10][(xxvii-a)            ‘Provincial Director General Audit’ means an officer of the Auditor General of Pakistan nominated for the purpose;]

[11][11] [[12][12][(xxvii-b)  ‘Provincial Allocable Amount’ means monies declared as such for distribution among local governments in accordance with the provisions of the Ordinance;]

     (xxvii-c)   ‘Provincial Consolidated Fund’ shall have the same meaning as is assigned to it in Article 118 of the Constitution of the Islamic Republic of Pakistan;

    (xxvii-d)   ‘Provincial Retained Amount’ means the balance of the Provincial Consolidated Fund after subtraction therefrom the Provincial Allocable Amount;]

       (xxviii)   ‘public place’ means any building, premise or place to which the public have access;

         (xxix)   ‘rent’ means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land [13][13][or use of any machinery, equipment or vehicle];

          (xxx)   ‘street line’ means a line dividing the land and forming part of a street from adjoining land;

         (xxxi)   ‘tax’ includes any cess, fee, rate, toll or other impost leviable under this Ordinance;

        (xxxii)   ‘tehsil’ means a Tehsil notified under the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967);

       (xxxiii)   ‘Tehsil Municipal Administration’ includes the Tehsil Nazim and the officials and employees of the Tehsil Municipal Administration specified in section 49;

       (xxxiv)   ‘town’ means an area notified by the Government under section 9 to be a town in a City District;

        (xxxv)   ‘Town Municipal Administration’ includes the Town Nazim and the officials and employees of the Town Municipal administration specified in section 50;

       (xxxvi)   ‘Union’ means a local area notified under section 6 to be a union under this Ordinance;

      (xxxvii)   ‘Union Administration’ includes the Union Nazim, Union Naib Nazim, the Union Secretaries, and other Union employees;

     (xxxviii)   ‘Village’ means an integrated and contiguous human habitation commonly identified by a name and includes a dhok, chak, killi, goth, gaown, basti or any other comparable habitation;

       (xxxix)   ‘water reservoir’ includes a spring, well, tube well, pond, tank, water course, culvert, and any channel used for supplying water other than canal, river, lake or stream;

             (xl)   ‘work’ includes a survey, whether incidental to any other work or not; and

            (xli)   ‘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 [14][14][Industrial Relations Ordinance, 2002 (XCI of 2002)].

3.         Ordinance to over-ride other laws.– The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

4.         Local Governments to work within Provincial framework.– (1) The local governments established under this Ordinance shall function within the Provincial framework and adhere to the Federal and Provincial laws.

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

Chapter II

Local Areas and Local Governments

5.         Composition of local areas.– For the purpose of this Ordinance, the following shall be the local areas, namely:-

         (i)   Union;

        (ii)   Tehsil;

       (iii)   Town; and

       (iv)   District and City District.

6.         Delimitation of Unions.– A Union shall be an area comprising one or more muaziaat or, in the case of an area where revision of settlement under the law has not been taken, one or more census villages or, in the case of an area with urban characteristics, 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 the Government:

            Provided that, as far as may be,–

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

      (b)  the boundaries of a Union shall not cross the limits of a tehsil, or a town in a city district;

      (c)  the area of a union in a tehsil shall comprise a whole number of patwar circles, or a patwar circle may contain a number of whole Unions;

      (d) the area of a Union in a City District, or a Union with urban characteristics shall comprise a whole number of census blocks as delimited for the purpose of the preceding population census or a whole number of muaziaat or a combination of a whole number of census blocks and muaziaat; and

      (e)  the population of Unions within a district shall, more or less, be uniform:

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

 

7.         Delimitation of tehsils and districts.– The Government shall, by notification in the official Gazette, declare tehsils and districts notified under the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967), to be tehsils or, as the case may be, districts under this Ordinance.

 

8.         Creation of a City District.– [15][15][(1)] In addition to the Provincial headquarter notified by the Government as City District Lahore, the Government may, by notification in the official Gazette, declare a tehsil or tehsils within one or more adjoining districts as a City District if–

      (a)  the population of urban settlement therein or of proximate settlement exceeds one million people;

      (b)  the economy thereof is largely oriented to commercial, industrial, and services sectors, and, according to the last preceding census, the labour force employed in such sectors or in non-agricultural sectors is more than sixty six percent; and

      (c)  the existing administrative and municipal infrastructure therein have become inadequate for efficient service delivery and require integrated development and management.

      [16][16][(2)   For the purpose of creation of a city district, the Unions in the district affected by such creation may be delimited in accordance with section 6:

            Provided that in all other districts section 11 of this Ordinance shall apply.]

 

9.         Setting up of a town.– (1) The Government may, by notification in the official Gazette, declare a whole number of contiguous Unions to be a town in the City District under this Ordinance.

            (2)        On notification referred to in sub-section (1), the Government may, by notification in the official Gazette, declare every town referred to in that sub-section to be a tehsil or sub-division for the purpose of this Ordinance.

 

10.       Local areas under previous law to continue.– Unless varied under this Ordinance, any local area declared or notified by the Government under the Punjab Local Government Election Ordinance, 2000 (V of 2000), as union, tehsil , town, district or City District shall continue to retain such status and shall be deemed to have been notified as such under this Ordinance.

 

11.       Alteration of local areas.– (1) Any two or more adjoining Unions within a tehsil or adjoining tehsils within a district may, after having invited public objections through a resolution, during the third year of their being in office, passed by two-third majority of the total membership of each of the relevant Union Councils, or as the case may be, Tehsil Councils, make a proposal to the Government for a change in their respective boundaries subject to the conditions that no revenue estate shall be divided and the size of population in the Unions shall, as far as possible, be close to the average population of Unions within a district.

            (2)        The Government may, subject to previous publication, notify the change in the boundaries of the Unions, tehsils or towns:

            Provided that such change shall come into force on the announcement of next local governments elections.

 

12.       Local governments for local areas.– (1) For each local area, there shall be a local government comprising–

      (a)  District Government and Zila Council in a district or a City District;

      (b)  Tehsil Municipal Administration and Tehsil Council in a tehsil;

      (c)  Town Municipal Administration and Town Council in a town; and

      (d) Union Administration and Union Council in a union.

            (2)        In case of a district consisting of a single tehsil, the Government may dispense with setting up of Tehsil Council and holding of election of Tehsil Nazim and Naib Tehsil Nazim in such tehsil and in that case the Tehsil Municipal Administration shall function directly under Zila Nazim and the functions of Tehsil Council shall be performed by the Zila Council.

(3) In case of a tehsil consisting of a single Union, the Government may dispense with setting up of Tehsil Council and holding of election of Tehsil Nazim and Tehsil Naib Nazim in such tehsil and in that case the functions of the Tehsil Municipal Administration shall be performed by the Union Administration [17][17][and the functions of Tehsil Council shall be performed by the Union Council].

 

Chapter III

District Government

13.       Composition of District Government.– (1) The District Government shall consist of Zila Nazim and District Administration.[18][18]

(2) The District Government shall be competent to acquire, hold or transfer any property, movable and immovable, to enter into contract and to sue or be sued in its name, through District Coordination Officer. 

14.       Decentralised offices and grouping of offices.– (1) On the commencement of this Ordinance, the administrative and financial authority for the management of the offices of the Government specified in Part-A of the First Schedule set up in a district shall stand decentralised to the District Government of that district:

            Provided that where there is no office of the Government in a district specified in Part-A of the First Schedule and the Government sets up an office on a subsequent date, such office shall be decentralised to the District Government from that date.

            (2)        Where in a district, there is no office specified in Part-B of the First Schedule, the Government shall set up such offices and post officers and staff in such offices.

            (3)        The offices decentralised to the District Governments and offices set up by the Government shall be grouped in various groups specified in Part-C of the First Schedule:

Provided that the Government may, for the reason of non-existence of any office or offices specified in the First Schedule in a district, in consultation with the District Government of such district, vary or amalgamate the grouping of offices for efficiency and effectiveness by notification in the official Gazette:

Provided further that the number of groups of offices shall not exceed the number of groups specified in Part-C of the First Schedule.

      [19][19][(4) The Zila Nazim shall nominate a Deputy District Officer at Tehsil level for the purpose of liaison between the offices of District Government, Provincial Government, Federal Government and other local governments for emergencies, natural calamities and extraordinary situations.]

 

15.       Entrustment of certain decentralised offices to Tehsil Municipal Administration.– Subject to section 14 and section 52, on commencement of this Ordinance, the administrative and financial management of the offices of Local Government and Rural Development Department, Housing, Urban Development and Public Health Engineering Department which were providing services at the regional, zonal, circle, divisional, district and tehsil levels shall stand entrusted to respective Tehsil Municipal Administration, or Town Municipal Administration, as the case may be, along with the employees working in such offices:

            Provided that the Government may direct for retention of certain components of Housing, Urban Development and Public Health Engineering Department with the District Government along with the officers and members of staff working therein.

 

16.       Authority and responsibility of District Government.– (1) The authority of the District Government shall comprise the [20][20][operation,] management and control of offices of the departments which are decentralised to it or may be set-up under this Ordinance, provided that the District Government shall exercise such authority within the district in accordance with the general policy of the Government.

            (2)        Every order of the District Government shall be expressed to be made in the name of the District Government and shall be executed by an officer or authority of the District Government duly authorized.

            (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 the authority decentralised to it under this Ordinance.

 

17.       The Zila Nazim.– (1) Zila Nazim shall head the District Government and perform such functions and exercise such powers as have been assigned to him under this Ordinance and be assisted by  the  District Coordination Officer.

(2) The Zila Nazim shall ensure that the business of the District Government is carried out in accordance with the provisions of this Ordinance and other laws for the time being in force. 

18.       Functions and powers of the Zila Nazim.– (1) The functions and powers of the Zila Nazim shall be to–

        (a)   provide vision for the district-wide development, leadership and direction for efficient functioning of the District Government;

        (b)   develop with the assistance of the District Administration strategies and timeframe for accomplishment of the relevant goals approved by the Zila Council;

        (c)   perform functions relating to law and order in the district;

       (d)   ensure implementation of the functions decentralised to the District Government;

        (e)   oversee formulation and execution of the annual development plan, delivery of services and functioning of the District Government;

        (f)   present proposal to the Zila Council for approval of budget for District Government, Zila Council and intra-district fiscal transfers;

        (g)   maintain administrative and financial discipline in the District Government;

       (h)   present tax proposals to the Zila Council;

         (i)   present report on the performance of the District Government in person to the Zila Council at least twice a year;

         (j)   preside over the meetings of the Zila Mushawarat Committee;

        (k)   take charge, organise and prepare for relief activities in disasters or natural calamities;

         (l)   authorise officers of the District Government to sign documents on its behalf;

      (m)   initiate inspections of Tehsil Municipal Administration, Town Municipal Administration and Union Administration in the district pursuant to section 135;

       (n)   establish and supervise the working of the Internal Audit Office;

        (o)   issue executive orders to the District Coordination Officer and Executive District Officers for discharge of the functions decentralised to the District Government; and to the District Police Officer for law and order;

       (p)   [21][21][*] represent District Government on public and ceremonial occasions; and

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

            (2)        The Zila Nazim shall not employ any advisor, special assistant or a political secretary other than support staff allocated to his office from amongst the officials available in the district.

 

19.       Right of the Zila Nazim to take part in Council’s meetings.– The Zila Nazim shall have the right to speak and otherwise take part in the proceedings of the Zila Council, but shall not be entitled to vote.

 

20.       Personal responsibility of Zila Nazim.– The Zila Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.

 

21.       Resignation of Zila Nazim.– The Zila Nazim may resign from office by tendering resignation in writing addressed to the Chief Executive of the Province.

 

22.       Vacancy in the Office of Zila Nazim.– (1) In case the office of Zila Nazim falls vacant for reason of his death, resignation, removal [22][22][* * *] or, where in the opinion of the Zila Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Zila Nazim shall act as Zila Nazim till an officiating Nazim is [23][23][elected] under sub-section (6) of section 156 or a new Zila Nazim is elected under sub-section (5) of that section:

      [24][24][Provided that where the Naib Zila Nazim is absent or his office is vacant for any reason, the senior-most presiding officer in the panel elected under sub-section (5) of section 42 shall act as Zila Nazim and the next senior-most presiding officer in the panel shall act as Naib Zila Nazim till the election of officiating Zila Nazim under section 48 or Naib Zila Nazim resumes his functions or, as the case may be, a new Naib Zila Nazim is elected by the Zila Council under section 156:

            Provided further that the officiating Zila Nazim shall not be a candidate in the election for Zila Nazim.]

            (2)        Where a Zila Nazim is unable to perform his functions for reason of his temporary absence, he may authorise Naib Zila Nazim, in writing, to act on his behalf till he resumes his duties. 

[25][25][23.* * * * * * * * * * * *] 

24.       [26][26][Recall] of a Zila Nazim.– (1) If in the opinion of a member of the Zila Council, there is a reason to believe that the Zila Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity for improvement in governance and service delivery to the people within the ambit of his responsibilities, he may, seconded by another member of the Council, give notice to move a motion in the Zila Council through Naib Zila Nazim for recall of the Zila Nazim.

(2) On receipt of notice referred to in sub-section (1), the Naib Zila Nazim shall summon a session of Zila Council not earlier than three days but not later than seven days, if the Zila Council is not already in session.

            (3)        Where the Zila Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipt by the Naib Zila Nazim.

      [27][27][(4)   Where the motion referred to in sub-section (1) is approved by two-third majority of the votes of the total membership of the Council, through a secret ballot to be conducted by the Returning Officer nominated by the [28][28][Election Commission], the Zila Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the [29][29][Election Commission] accordingly.]

      [30][30][(5)   * * * * * * * * * * * *]

(6) Where the motion fails in the Zila Council, the proposer and seconder of such motion shall lose their seats both as [31][31][members of the Zila Council and Union Nazim, if any one of them is also a Union Nazim].

(7) The Zila Nazim shall have the right to appear before the Zila Council and address it in his defence before approval or rejection of motion referred to in sub-section [32][32][(1)].

                (8)           No motion for recall of Zila Nazim shall be moved during the first six months of assumption of office of Zila Nazim nor shall such motion be repeated before the expiry of twelve months from the rejection of previous motion [33][33][.]

            [34][34][* * * * * * * * * * * * *]

            [35][35][* * * * * * * * * * * * *]

 

[36][36][25.         Setting aside the order of Zila Nazim by the Chief Executive of the Province.– (1) Where, in the opinion of the Chief Executive of the Province, an order or decision of the Zila Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

            Provided that the Zila Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

            (2)        On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Zila Nazim:

            Provided that, if no action is taken within ninety days of suspension of the order or decision of the Zila Nazim, such order or, as the case may be, decision shall stand restored.

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

26.       Structure of District Administration.– The District Administration shall comprise the district offices, including sub-offices of the Departments of the Government decentralised to the District Government and other offices set up by the [37][37][* * *] Government and grouped under the Executive District Officers and coordinated by the District Coordination Officer.

 

27.       Heads of offices and groups.– (1) The District Coordination Group of Offices shall be headed by the District Coordination Officer.

(2) A group of offices, other than the District Coordination Group of Offices, shall be headed by an Executive District Officer.

            (3)        The District Officers shall head the district offices.

            (4)        The Government shall setup sub-offices of the offices decentralised to district government in every tehsil or town in a city district depending upon the needs of such tehsil or, as the case may be, town for such sub-office:

Provided that where any sub-office exists or is set up in a tehsil or town in a City District the Deputy District Officer shall head such sub-office. 

28.       District Coordination Officer.– [38][38][(1) In every district, the Government shall appoint a District Coordination Officer who shall be a civil servant of the Federation or of the Province [39][39][* * *].]

            (2)        The District Coordination Officer shall be coordinating head of the District Administration and shall–

            (a)  ensure that the business of the District Coordination Group of Offices is carried out in accordance with the laws for the time being in force;

            (b)  co-ordinate the activities of the groups of offices for coherent planning, synergistic development, effective and efficient functioning of the District Administration;

            (c)  exercise general supervision over programmes, projects, services, and activities of the District Administration;

            (d) coordinate flow of information required by the Zila Council for performance of its functions under this Ordinance;

            (e)  act as Principal Accounting Officer of the District Government and be responsible to the Public Accounts Committee of the Provincial Assembly;

  [40][40][(f)  call for information and reports from local governments in the district as required by the Provincial Government or District Government through the Tehsil Municipal Officer;]

            (g)  assist the Zila Nazim in accomplishment of administrative and financial discipline and efficiency in the discharge of the functions assigned to District Administration;

            (h) prepare a report on the implementation of development plans of the District Government for presentation to the Zila Council in its annual budget session; [41][41][* * *]

            (i)   initiate the performance evaluation reports of the Executive District Officers and shall be countersigning officer of such reports of the District Officers initiated by the Executive District Officers [42][42][;] [43][43][and]

[44][44][(j)   implement government policy and to collect and disseminate information on behalf of the Provincial or District Government from other tiers of local governments.]

            Explanation.– For the purpose of this section, the expression ‘coordinating head’ means the authority to call for review and assess the performance of the groups of offices, individually or collectively, and give directions for taking actions or measures for improving efficiency, service delivery and achievement of goals assigned in the approved plans of the District Government.

            (3)        Where in the opinion of a District Coordination Officer an order of the Zila Nazim is motivated or unlawful, he may seek recourse in writing to the Local Government Commission with a copy thereof to the Zila Nazim, and the decision of the Commission in the matter shall be final and binding.

 

29.       Functions and powers of Executive District Officer.– The functions and powers of the Executive District Officer shall be to–

      (a)  ensure that the business of the group of offices under his administrative control is carried out in accordance with law and the rules and the human and material resources placed at his disposal are optimally utilised to improve governance;

      (b)  co-ordinate and supervise the activities of the offices and ensure efficient service delivery by the functionaries under his administrative control;

      (c)  supply information to the Monitoring Committees of the Zila Council and Union Councils;

      (d) take appropriate corrective actions based on the information received from Monitoring Committees;

      (e)  enforce relevant Federal, Provincial laws and rules, including tax laws;

      (f)  prepare development plans and propose budgetary allocations for their execution;

      (g)  implement approved plans and policies;

      (h) authorise disbursement of performance bonuses to the employees;

      (i)   prepare proposals for expenditures necessary for the proper conduct of programs, projects, services, and other activities;

      (j)   propose relevant bye laws on service delivery to the District Coordination Officer; and

      (k)  act as Departmental Accounting Officer for his respective group of offices and be responsible to the District Accounts Committee of the Zila Council.

 

30.       District administration working.– (1) In matters of policy and important decisions, the District Coordination Officer shall obtain approval of Zila Nazim before communicating such matters and decisions to the Government.

(2) The Government shall appoint [45][45][such] officers and officials to the district offices, groups of offices or other offices in the district specified in the First Schedule [46][46][as may be prescribed].

            (3)        The tenure of posting of an officer or official of the Government to a District Government shall, ordinarily, be three years.

(4) Where the performance of a District Co-ordination Officer is not satisfactory, the Zila Nazim may request the Government for his transfer in writing, with a copy to the District Coordination Officer, stating reasons therefor and the Government [47][47][may] accede to the request of the Zila Nazim [48][48][* * *].

      [49][49][(5)      * * * * * * * * * * * *]

            (6)        Where the performance of an Executive District Officer is not satisfactory, the Zila Nazim may, in consultation with the District Coordination Officer, request the Government to transfer such officer from the district stating reasons therefor.

 

[50][50][30A.      Disciplinary powers of Nazims and Naib Nazims.– The Nazims and Naib Nazims shall be empowered to take disciplinary action against local government functionaries of their respective establishments and shall be responsible to the Government for effective implementation of all efficiency and disciplinary rules as prescribed not later than the 31st December, 2005.]

 

[51][51][* * * * * * * * * * * *]

 

31.       Rules of Business for disposal of work.– For smooth and efficient disposal of official work, the Government shall make District Government Rules of Business.

 

32.       Assignment of work to Tehsil Municipal Administration.– A District Government may assign any of its functions to a Tehsil Municipal Administration or Union Administration, on such terms and conditions as may mutually be agreed:

            Provided that [52][52][primary] responsibility for discharge of such function shall continue to vest with the [53][53][District Government]:

            Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.

 

33.       Disposal of Government’s work.– The District Government may, subject to provision of funds by the Government, but without recourse to additional or enhanced taxation, charge, fees or any other source of public funds and without incurring any debt undertake any of the functions of the Government as may be mutually agreed.

 

34.       Performance evaluation.–The annual performance reports of the officers posted in the district shall be initiated by–

      (a)  the Zila Nazim in respect of the District Co-ordination Officer:

                        Provided that the first countersigning officer shall be the Chief Secretary, and the Chief Minister shall be the second countersigning authority;

[54][54][(b)         * * * * * * * * * * *]

      (c)  the District Co-ordination Officer in respect of the Executive District Officers and Zila Nazim shall be the countersigning officer;

      (d) the Executive District Officer in respect of the District Officers:

                        Provided that the District Coordination Officer shall be the countersigning Officer and head of the concerned department of the Government shall be the Technical Reporting Officer; and

      (e)  the District Officer in respect of the Deputy District Officers and the Executive District Officers shall be the countersigning officer.

 

35.       Offices of the City District.– Subject to any variation, the Government may, in addition to the offices specified in section 14, set up other offices and groups of offices specified in Part-D of the First Schedule in a City District.

 

36.       Integrated management of services in City District.– On creation of a City District under section 8, the organizations and authorities providing municipal services and facilities and the offices decentralised or set up in a tehsil or tehsils or districts notified to be City District shall come under the administrative and financial control of the City District Government.

 

Chapter IV

Zila Council

37.       Composition of Zila Council.– (1) A Zila Council shall consist of all Union Nazims in the district and following members elected on the reserved seats namely:-

          (i)  such number of women so as to represent thirty-three percent of the total number of the Unions in the district;

         (ii)  such number of peasants and workers so as to represent five percent of the total number of the Unions in the district, subject to a minimum of one seat; and

        (iii)  such number of persons from minority communities so as to represent five percent of the total number of the Unions in the district, subject to a minimum of one seat.

(2) If, in calculating a percentage for the purposes of sub-section (1), the number of reserved seats does not come out to be a whole number and such number is–

            (a)  less than one-half, the number shall be rounded down to the next lower number; or

            (b)  one-half or more, the number shall be rounded up to the next higher number.

 

38.       Secretariat of the Council.– The Zila Council shall have its Secretariat under the Naib Zila Nazim and shall have a separate budget allocation [55][55][with its Secretary as Drawing and Disbursing Officer and Naib Zila Nazim as the Principal Accounting Officer]. 

39.       Functions and powers of Zila Council.– The functions and powers of a Zila Council shall be to–

        (a)   approve bye-laws proposed by the District Government under this Ordinance;

        (b)   approve taxes proposed by the District Government on the subjects specified in Part-I of the Second Schedule [56][56][or in case of a City District, on subjects specified in Part-II of the Second Schedule];

        (c)   approve long term and short term development plans, annual and supplementary budgetary proposals of the District Government and, where required, intra-district fiscal transfers;

       (d)   approve annual budget of the Zila Council;

        (e)   elect committees of the Zila Council for monitoring the performance of the District Government;

        (f)   ensure the Monitoring Committees of the Zila Council perform their functions in a non-intrusive manner without interfering in the day to day working of the relevant offices of the District Government and do not assume a command and control role;

        (g)   review the Monitoring Committees’ quarterly reports on the performance of the District Government;

       (h)   elect a Code of Conduct Committee which shall be responsible for enforcing the code of conduct and regulating the conduct of the members of the Zila Council;

         (i)   elect an Insaf Committee which shall facilitate access of the people to the Member Inspection Team of the High Court for redressing their grievances;

         (j)   elect a Sports and Culture Committee which shall promote sports and cultural events in the district and youth participation in healthy pursuits;

        (k)   elect the members of the Zila Council for representation in the District Public Safety Commission;

         (l)   elect a Zila Accounts Committee;

      (m)   constitute Farm Produce Market Committee under the relevant law;

       (n)   approve the proposals of the District Government for changes in the number of posts of officials and employees of the decentralised offices of District Administration and Tehsil Municipal Administration and Town Municipal Administration as part of the budget statement;

        (o)   approve posts for the office staff of Zila Nazim and staff of Zila Council subject to the restriction imposed under sub-section [57][57][(8)] of section 109:

                                    Provided that no post of advisor, special assistant, press or political secretary to the Zila Nazim shall be sanctioned or approved;

       (p)   make recommendations to the District Government for enhancement of the care of disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug addicts, victims of child abuse, needy and disadvantaged persons;

        (q)   authorise Zila Nazim, Naib Zila Nazim, Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim, Union Nazim, Naib Union Nazim and members of the Councils to receive honorarium, travelling and daily allowances from respective local funds:

                   Provided that the honorarium and rates of travelling and daily allowances shall be fixed with the approval of the Government and any change thereof authorised by the Zila Council shall be applicable to the succeeding Nazims, Naib Nazims and members of the Councils:

                   [58][58][Provided further that the Government shall accord approval within sixty days of receipt of proposals from a Zila Council failing which it shall be deemed to have been approved.]

        (r)   review the performance reports of the District Government presented by Zila Nazim;

        (s)   review the audit reports of the Zila Accounts Committee;

        (t)   review measures for flood relief, and storm water drainage; and

       (u)   require the District Government to undertake measures for good governance and improvement in the delivery of services.

 

40.       Functions of Zila Council in a City District: – In addition to the functions specified in section 39, the Zila 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 of the District Government for public transport and mass transit systems, construction of express ways, flyovers, bridges, roads, under passes, and inter-town streets;

      (d) approve development schemes for beautification of areas along rivers [59][59][* * *]; 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.

 

41.       Zila Council to approve certain plans for towns.– In the case of a town in a City District, the Zila Council shall perform the functions of approval of such macro municipal plans as may be notified by the City District Government.

 

42.       Conduct of the business of Zila Council.– (1) The Zila Council shall regulate its business in accordance with the bye-laws made by it.

            (2)        The Zila Council shall meet at least once in every month and shall be in session for at least fifty accumulated days in a year.

            (3)        Save as otherwise provided, decisions of the Zila Council shall be taken by resolutions passed by a simple majority of the members present and voting and a copy of each resolution shall be transmitted to the Local Government Commission [60][60][:]

            [61][61][Provided that the member presiding the meeting shall not vote except in the case of equality of votes.]

      [62][62][(4)   In the first meeting of the Council to be convened and presided over by the Returning Officer nominated by the [63][63][Election Commission], the members of the Zila Council shall elect from amongst themselves a Naib Zila Nazim securing majority votes of total membership of the Council [64][64][* * *].

      (4A)  The Naib Zila Nazim elected under sub-section (4), shall be the Convener of the Zila Council and shall preside its meetings and shall perform such other functions as are assigned to him by the Zila Nazim.]

      [65][65][(5)   After the election of Naib Zila Nazim, the Zila Council shall, in order of precedence, elect a panel of not less than three members as presiding officers securing highest number of votes who shall, in the absence of, or in case of the suspension of, Naib Zila Nazim, or where a no confidence motion has been moved against him, convene and preside over the meetings of the Zila Council.]

            (6)        The quorum of the meetings of the Zila Council shall be fifty-one percent of its total membership.

(7) The meetings of the Zila Council shall be open to public, unless the Council, by a resolution, decides to hold any meeting in camera.

(8) The minutes of the meetings of Zila Council shall be recorded and maintained by the Secretariat of the Zila Council.

 

43.       Address of Zila Nazim.– (1) At the commencement of first session of the Zila Council after its election and on commencement of first session of every year, the Zila Nazim shall address the Zila Council and shall inform the Council of his plans and programmes for the said year and, as the case may be, the performance of the District Government during the preceding year.

(2) Notwithstanding anything contained in sub-section (1), the Zila Nazim may address the Zila Council, whenever he may deem necessary, to associate the Zila Council in the functioning of the District Government. 

44.       Joint committee of Councils.– The Zila Council may, with the consent of Tehsil Councils or Union Councils set up joint committees of the Councils for deliberation of matters in which such Councils may be jointly interested and may delegate to such joint committees any power which may be exercised by them, including the power to make bye-laws for their functioning.

 

[66][66][45.         Setting aside the resolution of Zila Council by the Chief Executive of the Province.– (1) Where, in the opinion of the Chief Executive of the Province, a resolution of Zila Council is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

            (2)        On receipt of report of the enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Zila Council:

            Provided that if no action is taken within ninety days of suspension of the resolution of the Zila Council, such resolution shall stand restored.

            (3)        The quashment of the resolution referred to in sub-section (2), shall be notified by the Government in the official Gazette.]

 

46.       Resignation of Naib Zila Nazim.– The Naib Zila Nazim may resign from office by tendering resignation in writing addressed to the Zila Nazim.

 

47.       [67][67][No confidence motion against] Naib Zila Nazim.– (1) If in the opinion of a member of Zila Council, there is a reason to believe that the Naib Zila Nazim is acting against the public policy or the interest of the people, or for any other reason [68][68][he has lost confidence of the Council], he may, seconded by another member of the Council, give a notice to move a motion in the Zila Council through its senior-most presiding officer for [69][69][removal] of Naib Zila Nazim.

            (2)        On receipt of notice referred to in sub-section (1), the senior-most presiding officer in the panel referred to in sub-section (5) of section 42 shall summon a session of Zila Council not earlier than three days or not later than seven days, if the Zila Council is not already in session.

            (3)        Where the Zila Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipts in the Zila Council Secretariat.

      [70][70][(4)   Where the motion referred to in sub-section (1) is approved by majority votes of the total membership of the Council, through a secret ballot, the Naib Zila Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the [71][71][Election Commission] accordingly.]

      [72][72][(5)   Where the Naib Zila Nazim is removed under sub-section (4), the Council shall elect a new Naib Zila Nazim within a period not later than ten days in the manner specified in sub-section (4) of section 42.]

            (6)        Where the motion fails in the Zila Council, the proposer and seconder of such motion shall lose their seats both as [73][73][members of the Zila Council and Union Nazim, if any one of them is also a Union Nazim].

            (7)        The Naib Zila Nazim shall have the right to [74][74][address the Zila Council] in his defence.

            (8)        No motion for recall of Naib Zila Nazim shall be moved during the first six months of assumption of office of Naib Zila Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

 

48.       Power of Zila Council to elect officiating Zila Nazim.– [75][75][*] In case the office of Zila Nazim falls vacant by reason of his death, resignation or removal, the Zila Council shall elect one of its members to be the officiating Zila Nazim till a new Zila Nazim is elected under the provisions of section 156:

[76][76][Provided that, where the Naib Zila Nazim fails to convene the meeting for election of officiating Zila Nazim from amongst the members of the Council within ten days, the Naib Zila Nazim shall be liable to misconduct, and the senior-most presiding officer shall convene the meeting of the Council for such purpose.]

            Provided further that the officiating Nazim shall not be a candidate for the office of Zila Nazim in the election for Zila Nazim. 

Chapter V

Tehsil and Town Municipal Administration

49.       Composition of Tehsil Municipal Administration.– In every tehsil there shall be a Tehsil Municipal Administration which shall be a body corporate and consist of a Tehsil Nazim, Tehsil Municipal Officer, Tehsil Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Tehsil Municipal Administration.

 

50.       Town Municipal Administration.– [77][77][*] In every town in a City District there shall be a Town Municipal Administration which shall be a body corporate and consist of the Town Nazim, Town Municipal Officer, Town Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the [78][78][Town] Municipal Administration.

            Explanation.– For the purpose of sections 49 and 50, the expression ‘Chief Officers’ refers to Chief Officers of the dissolved Local Councils established under Punjab Local Government Ordinance, 1979 (VI of 1979).

 

51.       Provisions relating to tehsils apply to towns.– The provisions relating to Tehsil Municipal Administration shall, [79][79][subject to sections 35 and 36,] mutatis mutandis, apply to Town Municipal Administration and, in their application to the town in a City District, shall have effect as if references therein to the Tehsil Municipal Administration, Tehsil Nazim, Tehsil Council, Village Council and Village were references, respectively, to the Town Municipal Administration, Town Nazim, Town Council, Neighbourhood Council and Neighbourhood under this Ordinance.

 

52.       Entrustment of certain decentralised offices to Tehsil Municipal Administration.– On commencement of this Ordinance, the functions, administration and financial management of the offices of Local Government and Rural Development Department, Housing, Urban Development and Public Health Engineering Department at the regional, zonal, circle, divisional, district, tehsil and lower levels shall stand entrusted to the Tehsil Municipal Administration, along with the employees working in these offices:

            Provided that the Government may direct for retention of a nucleus office of Housing, Urban Development and Public Health Engineering Department with the District Government for intra-district coordination of tehsil spatial plan:

            Provided further that Water and Sanitation Agencies coming under the control of the District Government under sub-section (3) of Section 182 functioning in a Tehsil shall further be decentralized to the concerned Tehsil Municipal Administration:

Provided also that Water and Sanitation Agency or similar Agencies functioning in a City District and coming under the control of City District under sub-section (3) of Section 182 may further be decentralized to the City District Administration or according to requirements of service delivery, may be decentralized to towns in a City District.

 

53.       Structure of the Tehsil Municipal Administration.– (1) The Tehsil Nazim shall head the Tehsil Municipal Administration.

(2) The Tehsil Municipal Administration shall include the offices and sub-offices of the Urban Local Councils established under the Punjab Local Government Ordinance, 1979 (VI of 1979), offices and sub-offices of Local Government and Rural Development Department, Housing, Urban Development and Public Health Engineering Department entrusted to it under section 52 for administrative and financial management thereof and sub-offices and other offices set-up by it under this Ordinance and grouped under the Tehsil Municipal Officer.

(3) The Tehsil Municipal Officer shall act as co-ordinating and administrative officer in-charge of the following Tehsil Officers, namely:-

               (i)   Tehsil Officer (Municipal Regulations) who shall be responsible for licensing, management of municipal lands, estates, properties, facilities and enterprises and enforcement of relevant municipal laws, rules and bye-laws.

              (ii)   Tehsil Officer (Infrastructure and Services) who shall be responsible for water, sewerage, drainage, sanitation, roads, other than Provincial and district roads, streets and street lighting; fire fighting, park services.

             (iii)   Tehsil Officer (Planning) who shall be responsible for spatial planning and land use control; building control; and coordination of development plans and projects with Union Administration, Village Councils and other local governments.

             (iv)   Tehsil Officer (Finance) who shall be responsible for budget, revenue and accounts.

(4) The staff of the Tehsil Officers referred to in sub-section (3) shall be appointed from amongst the officials of the decentralised offices entrusted to Tehsil Municipal Administration, Local Council Service and servants of Local Councils established under the Punjab Local Government Ordinance, 1979 (VI of 1979), by the Government keeping in view the requirements of every Tehsil Municipal Administration.

(5) Notwithstanding the dissolution of Town Committees, Municipal Committees and Municipal Corporations under this Ordinance, and until any contrary order is made by the Government or the service structure of the members of Local Council Service or the servants of Local Councils is altered, the administrative set-up of such Committees and Corporations shall remain in tact and continue providing municipal services and the officers and staff working therein shall come under the executive control of the Tehsil Nazim through the Tehsil Municipal Officer.

            (6)        The officers and staff working in the dissolved Zila Councils and Union Councils shall be posted in the offices of such local governments as may be determined by the Government.

 

54.       Functions and powers of the Tehsil Municipal Administration.– (1) The functions and powers of the Tehsil Municipal Administration shall be to–

      (a)  prepare spatial plans for the tehsil in collaboration with Union Councils, including plans for land use, zoning and functions for which the Tehsil Municipal Administration is responsible;

      (b)  seek approval of the Tehsil Council to the spatial plans prepared by it after due process of dissemination and public enquiry, incorporating modifications on the basis of such inquiry;

      (c)  execute and manage development plans;

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

      (e)  enforce all municipal laws, rules and bye-laws governing its functioning:

                        Provided that the Tehsil Municipal Administration may, with the approval of Tehsil Council, exempt any Union from application of any specific provision of the bye-laws made by the Tehsil Council under this Ordinance:

                        Provided further that the Government may, on the recommendations of Tehsil Municipal Administration through District Government, exempt any Union or a part thereof from the application of rules relating to land use, building control, tax on property or in any other matter dealing with municipal services:

                        Provided also that such exemption shall not extend to any organised housing schemes, zoning of industrial and commercial areas, and matters concerning environmental protection;

      (f)  prevent encroachments;

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

      (h) provide, manage, operate, maintain and improve the municipal infrastructure and services, including-

                (i)  water supply and control and development of water sources, other than systems maintained by the Union and Village Councils;

               (ii)  sewage and sewage treatment and disposal;

              (iii)  storm water drainage;

              (iv)  sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital wastes;

               (v)  roads and streets, other than roads falling under the jurisdiction of, and maintained by, the District Government or Government and streets maintained by the Union Administration or Village Council;

              (vi)  traffic planning, engineering and management including traffic signalling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals;

             (vii)  street lighting;

            (viii)  fire fighting;

              (ix)  parks, playgrounds, open spaces and arboriculture; and

               (x)  slaughter houses;

      (i)   compile information provided by Union and Village Councils of prioritised projects in the tehsils;

      (j)   prepare budget, long term and annual municipal development programmes in collaboration with the Union Councils, under the directions of Tehsil Nazim;

      (k)  maintain, with the assistance of the District Government, Union and Village Councils, a comprehensive data base and information system for Tehsil Municipal Administration and provide public access to it on nominal charges;

[80][80][(l)          propose taxes, cesses, user fees, rates, rents, tolls, charges, surcharges, levies, fines and penalties under Part-III of the Second Schedule for approval of the Tehsil Council and notify the same after such approval;]

     (m)  collect approved taxes, cess, user fees, rates, rents, tolls, charges, fines and penalties;

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

[81][81][(nn)       organize cattle fairs and cattle markets;]

      (o)  co-ordinate and support municipal functions amongst Unions and Villages;

      (p) regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violation thereof as and where applicable;

      (q)  manage properties, assets and funds vested in the Tehsil Municipal Administration [82][82][* * *];

      (r)  develop and manage schemes, including site development in collaboration with District Government and Union Administration;

      (s)  authorise an officer or officers to issue notice to a person committing any municipal offence and initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice;

      (t)  prosecute, sue and follow up criminal, civil and recovery proceedings against violators of municipal laws in the courts of competent jurisdiction;

      (u) maintain municipal records and archives; and

      (v)  prepare financial statements and present them for internal and external audit in the manner as may be prescribed.

            (2)        The Tehsil Municipal Administration may,–

                (a)   assign or contract out, on such terms and conditions as are approved by the Tehsil Council and after inviting public objections, any of its functions to any public-private, public or private organization:

                        Provided that responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration.

            (b)  on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council:

                        Provided that no function or responsibility shall be transferred without allocation of corresponding resources and funds:

                        Provided further that the responsibility to regulate and monitor such functions and services shall remain with the Tehsil Municipal Administration.

            (c)  by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the District Government;

            (d) with funds raised through voluntary contributions or external grant, but without recourse to additional enhanced taxation, user charges or fees or recourse to any other sources of public funds and without incurring debt of any nature, undertake any development project;

            (e)  with the approval of the Government and concerned regulatory authorities of the Federal Government and Provincial Government, set-up, acquire, manage and operate any commercial activity on a self-financing basis with no liability to the public exchequer; and

            (f)  set-up a corporate body to perform any of its functions, singly or jointly with other public or private bodies:

                        Provided that responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration.

 

[83][83][54-A.     Functions and powers of the Town Municipal Administration.– The functions and powers of the Town Muncipal Administration shall be to–

                  (a)  prepare spatial plans for the Town in collaboration with Zila and Union Councils including plans for land use, zoning and functions for which the Town Municipal Administration is responsible within the framework of the spatial/master plans for the City District;

                  (b)  enforce, in addition to its own, all municipal laws for and on behalf of the City District Government, if required by such City District Government at the cost and expense of the latter;

                  (c)  execute and manage development plans for the functions which are performed by the Town Municipal Administration;

                  (d)  exercise control over land use, land sub-division, land development and zoning by public and private sectors for any purpose, including agriculture, industry, commerce, markets, shopping and other employment centers, residential, recreation, parks, entertainment, passenger and transport freight and transit stations within the framework of the spatial and master plan for the City District;

                  (e)  prevent and remove encroachments;

                   (f)  procure and compile information provided by Union, Village Council and Neighborhood Councils of prioritized projects in the towns;

                  (g)  prepare budget and, annual and long term town municipal development programmes in collaboration with the Union Councils, under the directions of Town Nazim;

                  (h)  maintain, with the assistance of the City District Government, Union, Village Council and Neighbourhood Councils, a comprehensive data base and information system for Town Municipal Administration and provide public access thereto on nominal charges;

                   (i)  propose taxes, cesses, user fees, rates, rents, tolls, charges, levies, fines and penalties under Part-IV of the Second Schedule for approval of the Town Council and notify the same after such approval;

                   (j)  collect taxes, cesses, user fees, rates, rents, tolls, charges, fines and penalties;

                  (k)  organise local sports, cultural and recreational events, fairs and shows;

                   (l)  organise cattle fairs and cattle markets;

                 (m)  regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violations thereof as and where applicable;

                  (n)  manage properties, assets and funds vested in the Town Municipal Administration;

                  (o)  develop and manage schemes, including site development, in collaboration with City District Government and Union Administration;

                  (p)  provide, manage, operate, maintain and improve the municipal infrastructure and services, including–

                            (i) water supply distribution other than integrated systems maintained by or on behalf of the City District;

                           (ii) sewerage system other than an integrated system maintained by or on behalf of City District excluding sewerage treatment and disposal;

                          (iii) solid waste collection and conveyance to transfer stations designated by the town but excluding treatment and disposal of waste;

                          (iv) street lighting;

                           (v) parks, playgrounds, open spaces and arboriculture; provided that facilities to be maintained by the City District shall be notified by the Government; and

                          (vi) slaughter houses;

                  (q)  authorize an officer or officers to issue notice to a person committing any municipal offence and initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice;

                   (r)  prosecute, sue and follow criminal, civil and recovery proceedings against violations of municipal laws;

                   (s)  maintain town municipal records and archives; and

                   (t)  prepare financial statements and present them for internal and external audit in the manner as may be prescribed.]

 

55.       Fiscal transfers to Tehsil Municipal Administration.– The Tehsil Municipal Administration shall receive fiscal transfers from the [84][84][* * *] Government in the manner as may be prescribed.

 

56.       Tehsil Nazim.– (1) The Tehsil Nazim shall head the Tehsil Municipal Administration and shall exercise such functions and powers as have been assigned to him under this Ordinance.

(2)                The Tehsil Nazim shall be assisted by Tehsil Municipal Officer.

            (3)        The Tehsil Nazim shall be responsible to ensure that the business of the Tehsil Municipal Administration is carried out in accordance with the provisions of this Ordinance and the laws relating to the municipal services for the time being in force.

57.       Functions of Tehsil Nazim.– The functions of Tehsil Nazim shall be–

      (a)  to provide vision and direction for efficient functioning of the municipal administration;

      (b)  to formulate strategies for development of municipal infrastructure and improvement of delivery of the municipal services of the tehsil;

      (c)  to oversee formulation and implementation of long term and annual municipal development programmes;

      (d) to oversee the delivery of services by the Tehsil Municipal Administration and implementation of the laws governing the municipal services;

      (e)  to present the budget proposal to the Tehsil Council for approval;

      (f)  to present a report in person on the performance to the Tehsil Council at least once in six months;

      (g)  to supervise the utilization of the funds allocated to the Tehsil Municipal Administration and to ensure their proper accounting;

      (h) to establish and supervise the working of the Internal Audit Office; and

      (i)   to represent Tehsil Municipal Administration on public and ceremonial occasions.

 

58.       Tehsil Municipal Officer.– (1) The Government shall appoint the Tehsil Municipal Officer who shall be the Principal Accounting Officer of the Tehsil Municipal Administration and shall be the focal person–

      (a)  for redressing public complaints relating to Tehsil Municipal Administration; and

      (b)  for liaising with the District Government and the Local Government Commission, through the District Government, for resolution of disputes relating to Tehsil Municipal Administration.

            (2)        The Tehsil Municipal Officer shall-

            (a)  ensure that the business of the Tehsil Municipal Administration is carried out in accordance with this Ordinance and any other law relating to municipal services for the time being in force;

            (b)  co-ordinate the municipal activities of the Tehsil Municipal Administration and Union Administrations within the Tehsil for coherent planning and development of municipal infrastructure and for effective and efficient functioning of the Tehsil Municipal Administration;

            (c)  exercise general supervision over programmes, projects, services, and activities of the Tehsil Municipal Administration; and

            (d) provide information required by the Tehsil Council for the performance of their functions:

                        Provided that while dealing with the Government, District Government and Local Government Commission, the Tehsil Municipal Officer shall not bypass the Tehsil Nazim.

 

[85][85][58-A.     Town Officer or Tehsil Officer.– The functions and powers of the Town Officer  or Tehsil Officer of the Town Municipal Administration or, as the case may be, Tehsil Municipal Administration shall be to–

               (a)  ensure that the business of the office under his administrative control is carried out in accordance with law and the human and material resources placed at his disposal are optimally utilized to improve governance;

               (b)  co-ordinate and supervise the activities of the office and ensure efficient service delivery by the functionaries under his administrative control;

               (c)  supply information to the Monitoring Committees of the Town Council, Tehsil Council and Union Councils;

               (d) take appropriate corrective actions based on the information received from Monitoring Committees;

               (e)  enforce relevant Federal, Provincial and municipal laws;

               (f)  prepare development plans and propose budgetary allocations for their execution;

               (g)  implement approved plans and policies;

               (h) authorize disbursement of performance bonuses to the employees;

               (i)   prepare proposals for expenditures necessary for the proper conduct of programs, projects, services and other activities;

               (j)   propose relevant bye laws on service delivery to the Town Municipal Officer or Tehsil Municipal Officer; and

               (k)  act as Departmental Accounting Officer for his respective office and be responsible to the Accounts Committee of the Town Council or Tehsil Council.]

 

[86][86][58B.      Performance evaluation of officers of tehsil.– The annual performance report of the officers posted in the Tehsil Municipal Administration shall be initiated by–

            (a)  the Tehsil Nazim in respect of Tehsil Municipal Officer and the Zila Nazim shall be the first countersigning officer, while the Secretary, Local Government Department shall be the second countersigning officer:

                        Provided that the District Coordination Officer shall record in a separate part of the Performance Evaluation Report his evaluation about the Tehsil Municipal Officer’s ability to collect and compile information; and

            (b)        the Tehsil Municipal Officer in respect of Tehsil Officers:

            Provided that the Tehsil Nazim shall be the countersigning officer.]

 

59.       Personal responsibility of Tehsil Nazim.– The Tehsil Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.

 

60.       Resignation of Tehsil Nazim.– The Tehsil Nazim may resign from office by tendering resignation in writing addressed to the Chief Executive of the Province.

 

61.       Vacancy of the Office of Tehsil Nazim.– (1) In case the office of Tehsil Nazim falls vacant for reason of his death, resignation or removal or, where in the opinion of the Tehsil Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Tehsil Nazim shall act as Tehsil Nazim till an officiating Nazim is appointed under sub-section (6) of section 156 or a new Tehsil Nazim is elected under sub-section (5) of that section:

            [87][87][Provided that where the Naib Tehsil Nazim is absent or his office is vacant for any reason, the senior-most presiding officer in the panel elected under sub-section (5) of section 69 shall act as Tehsil Nazim and the next senior-most presiding officer in the panel shall act as Naib Tehsil Nazim till the election of officiating Tehsil Nazim under section 68 or Naib Tehsil Nazim resumes his functions or, as the case may be, a new Naib Tehsil Nazim is elected by the Tehsil Council under section 156:

            Provided further that the officiating Tehsil Nazim shall not be a candidate in the election for Tehsil Nazim.]

            (2)        Where a Tehsil Nazim is unable to perform his functions for reason of his temporary absence, he may authorise Naib Tehsil Nazim, in writing, to act on his behalf till he resumes his duties.

 

[88][88][62.         * * * * * * * * * * * *]

 

63.          [89][89][Recall] of a Tehsil Nazim.– (1) If in the opinion of a member of the Tehsil Council, there is a reason to believe that the Tehsil Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity to improve governance and the delivery of services, he may, seconded by another member of the Council, give a notice to move a motion in the Tehsil Council through Naib Tehsil Nazim for recall of Tehsil Nazim.

            (2)        On receipt of notice referred to in sub-section (1), the Naib Tehsil Nazim shall summon a session of the Tehsil Council not earlier than three days but not later than seven days, if the Tehsil Council is not already in session.

            (3)        Where the Tehsil Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipt by the Naib Tehsil Nazim;

      [90][90][(4)   Where the motion referred to in sub-section (1) is approved by two-third majority of the votes of the total membership of the Council, through a secret ballot to be conducted by the Returning Officer nominated by the [91][91][Election Commission], the Tehsil Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the [92][92][Election Commission] accordingly.]

      [93][93][(5)   * * * * * * * * * * * *].

(6) Where the motion fails in the Tehsil Council, the proposer and seconder of such motion shall lose their seats both as [94][94][members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim].

            (7)        The Tehsil Nazim shall have the right to appear before the Tehsil Council and address it in his defence.

            (8)        No motion for recall of Tehsil Nazim shall be moved during the first six months of assumption of office of Tehsil Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion [95][95][.]

            [96][96][* * * * * * * * * * * * *]

 

64.       Setting aside an order of Tehsil Nazim.– (1) On a motion initiated by the District Government, the Zila 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 Tehsil Nazim, if it considers the same to be against the interest of the people or public policy.

(2) The result of the approval of the resolution of the Zila Council referred to in sub-section (1) shall be notified by the District Government.

 

[97][97][64A.      Setting aside the order of Tehsil Nazim by the Chief Executive of the Province.– (1) Notwithstanding anything contained in section 64, where, in the opinion of the Chief Executive of the Province, an order or decision of the Tehsil Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

            Provided that the Tehsil Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

            (2)        On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Tehsil Nazim:

            Provided that if no action is taken within ninety days of the suspension of the order or decision of the Tehsil Nazim, such order or, as the case may be, decision shall stand restored.

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

 

Chapter VI

Tehsil and Town Councils

65.       Composition of Tehsil and Town Councils.– (1) There shall be a Tehsil Council in a tehsil and a Town Council in a town in a City District and shall consist of Naib Nazims of all Union Councils in the tehsil or town, as the case may be, and the following members elected on reserved seats, namely:-

      (a)  such number of women as represents thirty-three percent of the total number of the Unions in the tehsil or, as the case may be, the town;

      (b)  such number of peasants and workers as represent five percent of the total number of the Unions in the tehsil or, as the case may be, the town; and

      (c)  such number of persons from minority communities as represent five percent of the total number of the Unions in the tehsil or, as the case may be, the town.

            (2)        If, in calculating a percentage for the purposes of sub-section (1), the number of reserved seats does not come out to be a whole number and such number is–

            (a)  less than a half, the number shall be rounded down to the next lower number; or

            (b)  a half or more, the number shall be rounded up to the next higher number.

(3) The Naib Tehsil Nazim or Naib Town Nazim shall be the Convener of the Tehsil Council or, the Town Council, as the case may be.

            (4)        The Tehsil Council and Town Council shall have their offices under the Naib Tehsil Nazim or Naib Town Nazim, as the case may be, and shall have separate budget allocations [98][98][with its Secretary as Drawing and Disbursing Officer and Naib Tehsil Nazim as the Principal Accounting Officer].

 

66.       Provisions of Tehsil Council apply to Town Council.– The provisions relating to Tehsil Council shall, mutatis mutandis, apply to Town Council and any reference [99][99][* * *] in these provisions [100][100][to] Tehsil Nazim, Naib Tehsil Nazim or Tehsil Municipal Administration shall, [101][101][subject to section 40,] respectively, be read as reference to Town Nazim, Naib Town Nazim and Town Municipal Administration.

 

67.       Functions and powers of the Tehsil Council.– The functions and powers of the Tehsil Council shall be–

           (i)  to approve taxes, cess, rates, rents, fees, user-charges, tolls, levies, fines and penalties proposed by Tehsil Municipal Administration specified in [102][102][Part-III] of the Second Schedule;

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

         (iii)  to approve annual budget and appropriations for the Tehsil Municipal Administration;

         (iv)  to approve long and short term development plans;

          (v)  to approve posts of personal staff for the office of Tehsil Nazim and the terms and conditions of their service:

                                Provided that no post of advisor, special assistant, press or political secretary to the Tehsil Nazim shall be sanctioned or approved.

         (vi)  to approve land use, zoning and master plan of the tehsil development and maintenance programmes or projects proposed by the Tehsil Municipal Administration;

        (vii)  to elect Monitoring Committees of the Tehsil Council to monitor the working of the Tehsil Municipal Administration and the provision of municipal services;

       (viii)  to ensure that Monitoring Committees perform their functions in a non-intrusive manner without interfering in the day to day working of the relevant offices of the Tehsil Municipal Administration and do not assume a command and control role;

         (ix)  to review the reports of the Monitoring Committees and make appropriate recommendations to the Tehsil Nazim;

          (x)  to elect a Code of Conduct Committee which shall be responsible for enforcing the code of conduct for regulating the conduct of the members of the Tehsil Council;

         (xi)  to elect an Insaf Committee for interacting with the Insaf Committee of the Zila Council.

        (xii)  to elect Tehsil Accounts Committee to review the audit reports of the accounts of Tehsil Municipal Administration;

       (xiii)  to review the performance of Tehsil Municipal Administration presented by the Tehsil Nazim;

       (xiv)  to authorise the Tehsil Municipal Administration, subject to applicable laws and with the prior permission of the Government through District Government, floating of municipal bonds for raising funds for financing municipal projects; and

        (xv)  to require, by resolution, the Tehsil Municipal Administration to undertake measures for improvement in the delivery of municipal services.

 

[103][103][67-A. Functions and powers of the Town Council.–The functions and powers of the Town Council shall be to–

                  (a)  approve taxes, cesses, rates, rents, fees, user charges, tolls, levies, fines and penalties proposed by Town Municipal Administration specified in Part-IV of the Second Schedule;

                  (b)  approve annual budget and appropriation for the Town Municipal Administration;

                  (c)  approve long and short term development plans;

                  (d)  approve posts of personal staff for the office of Town Nazim and the terms and conditions of their service; provided that no post of advisor, special assistant, press secretary or political secretary to the Town Nazim shall be sanctioned or approved;

                  (e)  elect monitoring committees of the Town Council to monitor the working of the Town Municipal Administration and to provide municipal services;

                   (f)  ensure that monitoring committees perform their functions in a non-intrusive manner in the day to day working of the relevant offices of the Town Municipal Administration and do not assume a command and control role;

                  (g)  review the reports of the monitoring committees and make appropriate recommendations to the Town Nazim;

                  (h)  elect Ethics Committee which shall be responsible for enforcing the code of conduct for regulating the conduct of the members of the Town Council;

                   (i)  elect an Insaaf Committee for interacting with the Insaaf Committee of the Zila Council;

                   (j)  elect Town Accounts Committee to review the audit reports of the accounts of Town Municipal Administration;

                  (k)  review the performance of Town Municipal Administration presented by the Town Nazim;

                   (l)  recommend, by resolution, to the City District Government measures for improving delivery of municipal services to the Towns;

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

                  (n)  approve land use, zoning and master plan of the town development and maintenance programmes or projects proposed by the Town Municipal Administration; and

                  (o)  require, by resolution, the Town Municipal Administration to undertake measures for improvement in the delivery of municipal services.]

 

68.       Power to appoint officiating Tehsil Nazim.– [104][104][(1)] Where the office of Tehsil Nazim falls vacant by reason of his death, resignation or removal, the Tehsil Council shall, from amongst its members, elect an officiating Tehsil Nazim, till a new Tehsil Nazim is elected under the provisions of sub-section (5) of section 156:

Provided that Naib Tehsil Nazim shall convene the meeting of the Tehsil Council for the election of officiating Tehsil Nazim within ten days from the death, resignation or removal of Tehsil Nazim, as the case may be:

            Provided further that the officiating Tehsil Nazim shall not be a candidate for the office of Tehsil Nazim in election for Tehsil Nazim.

      [105][105][(2)            Where the Naib Tehsil Nazim fails to convene the meeting for election of officiating Tehsil Nazim from amongst the members of the Council within ten days, the Naib Tehsil Nazim shall be liable to misconduct, and the senior-most presiding officer shall convene the meeting of the Council for such purpose.]

 

69.       Conduct of the business of Tehsil Council.– (1) The Tehsil Council shall regulate its business in accordance with the bye-laws made by it.

(2)                   The Tehsil Council shall meet at least once in every month.

(3) Save as otherwise provided, decisions of the Tehsil 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 Local Government Commission [106][106][:]

            [107][107][Provided that the member presiding the meeting shall not vote except in the case of equality of votes.]

      [108][108][(4)            In the first meeting of the Council to be convened and presided over by the Returning Officer nominated by the [109][109][Election Commission], the members of the Tehsil Council shall elect from amongst themselves a Naib Tehsil Nazim securing majority votes of total membership of the Council [110][110][* * *].

            (4A)     The Naib Tehsil Nazim elected under sub-section (4) shall be the Convener of the Tehsil Council and shall preside its meetings and shall perform such other functions as are assigned to him by the Tehsil Nazim.]

      [111][111][(5)            After the election of Naib Tehsil Nazim, the Tehsil Council shall, in order of precedence, elect a panel of not less than three members as presiding officers securing highest number of votes who shall, in the absence of, or in case of the suspension of, Naib Tehsil Nazim, or where a no confidence motion has been moved against him, convene and preside over the meetings of the Tehsil Council.]

            (6)        The quorum of the meetings of the Tehsil Council shall be fifty-one percent of its total membership.

(7) The meetings of the Tehsil Council shall be open to public, unless the Council, by a resolution, decides to hold any meeting in camera.

            (8)        The minutes of the meetings of Tehsil Council shall be recorded and maintained by an officer authorized by the Tehsil Council.

 

70.       Address of Tehsil Nazim.– (1) At the commencement of first session of the Tehsil Council after its election and on commencement of first session of every year the Tehsil Nazim shall address the Tehsil Council and shall inform the Council of his plans and programmes for the said year and the performance of the Tehsil Administration during the preceding year.

                (2)           Notwithstanding anything contained in sub-section (1), the Tehsil Nazim may address the Tehsil Council whenever he deems necessary to associate the Tehsil Council in functioning of the Tehsil Municipal Administration.

 

[112][112][70A.  Setting aside the resolution of Tehsil Council.– (1) On a motion initiated by the District Government, the Zila Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside a resolution of the Tehsil Council, if it considers the same to be against the interest of the people or public policy.

            (2)        The result of the approval of the resolution of the Zila Council, referred to in sub-section (1), shall be notified by the Zila Council.]

 

[113][113][70B. Setting aside the resolution of Tehsil Council by the Chief Executive of the Province.– (1) Where, in the opinion of the Chief Executive of the Province, a resolution of Tehsil Council is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Tehsil Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

            (2)        On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Tehsil Council:

            Provided that if no action is taken within ninety days of suspension of the resolution of the Tehsil Council, such resolution shall stand restored.

            (3)        The quashment of the resolution referred to in sub-section (2), shall be notified by the Government in the official Gazette.]

 

71.       Resignation of Naib Tehsil Nazim.– The Naib Tehsil Nazim may resign from office by tendering resignation in writing addressed to the Tehsil Nazim.

 

72.       [114][114][No confidence motion against] Naib Tehsil Nazim.– (1) If in the opinion of a member of Tehsil Council, there is a reason to believe that the Naib Tehsil Nazim is acting against the public policy or the interest of the people or for any other reason [115][115][he has lost confidence of the Council], he may, seconded by another member of the Council, give a notice to the Tehsil Council for moving a motion for [116][116][removal] of Naib Tehsil Nazim.

(2) On receipt of notice referred to in sub-section (1), the senior-most presiding officer in the panel referred to in sub-section (5) of section 69 shall summon a session of Tehsil Council not earlier than three days but not later than seven days, if the Tehsil Council is not already in session.

            (3)        Where the Tehsil Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipt in the Tehsil Council.

      [117][117][(4)            Where the motion referred to in sub-section (1) is approved by majority votes of the total membership of the Council, through a secret ballot, the Naib Tehsil Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the [118][118][Election Commission].]

      [119][119][(5) Where the Naib Tehsil Nazim is removed under sub-section (4), the Council shall elect a new Naib Tehsil Nazim within a period not later than ten days in the manner specified in sub-section (4) of section 69.]

(6) Where the motion fails in the Tehsil Council, the proposer and seconder of such motion shall lose their seats both as [120][120][members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim].

            (7)        The Naib Tehsil Nazim shall have the right to [121][121][address the Tehsil Council] in his defence.

            (8)        No motion for recall of Naib Tehsil Nazim shall be moved during the first six months of assumption of office of Naib Tehsil Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

 

73.       Joint committees of Councils.– The Tehsil Council may, with the consent of the Zila Council or adjoining Tehsil Councils or Union Councils, set up joint committees of the Councils for any purpose in which such Councils may be jointly interested and may delegate to such joint committees any power which may be exercised by them, including the power to make bye-laws for their functioning.

 

Chapter VII

Union Administration

74.       Composition of Union Administration.– There shall be constituted a Union Administration for every Union which shall be a body corporate and consist of Union Nazim, Naib Union Nazim and not more than three Union Secretaries and, where required, the members of ancillary staff.

 

75.       Structure of Union Administration.– (1) The Union Nazim shall be the head of the Union Administration.

            (2)        The Naib Union Nazim shall deputize the Union Nazim during his temporary absence.

            (3)        The Union Secretaries shall coordinate and facilitate in community development, functioning of the Union Committees and delivery of municipal services under the supervision of Union Nazim:

            Provided that functions of the Union may be assigned to one or more Secretaries.

[122][122][(4)      The Union Nazim may declare one of the Secretaries of the Union Administration to act as the Principal Accounting Officer of the Union Administration.]

 

76.       Functions of the Union Administration.– The functions of Union Administration shall be–

        (a)   to collect and maintain statistical information for socio-economic surveys;

        (b)   to consolidate village and neighbourhood development needs and prioritize them into union-wide development proposals with the approval of the Union Council and make recommendations thereof to the District Government or Tehsil Municipal Administration, as the case may be;

        (c)   to identify deficiencies in the delivery of services and make recommendations for improvement thereof to the Tehsil Municipal Administration;

       (d)   to register births, deaths and marriages and issue certificates thereof;

        (e)   to make proposals to the Union Council for levy of rates and fees specified in the Second Schedule and to collect such rates and fees within the Union;

        (f)   to establish and maintain libraries;

        (g)   to organize inter-Village or Neighbourhood sports tournaments, fairs, shows and other cultural and recreational activities;

[123][123][(h)      * * * * * * * * * * * *]

         (i)   to disseminate information on matters of public interest;

         (j)   to improve and maintain public open spaces, public gardens and playgrounds;

        (k)   to provide and maintain public sources of drinking water, including wells, water pumps, tanks, ponds and other works for the supply of water;

         (l)   to maintain the lighting of streets, public ways and public places through mutual agreement with the Tehsil Municipal Administration;

      (m)   to arrange facilities for the handicapped, destitutes and poor;

       (n)   to provide protection against stray animals and animal trespass, and to establish cattle pounds;

        (o)   to regulate grazing areas;

       (p)   to assist the relevant authorities in disasters and natural calamities, and assist in relief activities, including de-silting of canals;

        (q)   to co-operate with the public, private or voluntary organisations, engaged in activities similar to those of the Union;

        (r)   to execute the projects of the approved Union Annual Development Plan by contracting out to the private sector in the manner as may be prescribed and to obtain support of the Tehsil Municipal Administration or District Government for such execution; and

        (s)   to assist the Village Councils or, as the case may be, Neighbourhood Councils in the Union to execute development projects.

 

77.       Assignment of functions to Village Council.– The Union Administration may, subject to such terms and conditions as may be mutually agreed, assign any of its functions to Village Council:

            Provided that responsibility for discharge of such functions shall continue to vest with the Union Administration:

            Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.

 

78.       Entrustment of functions by District Government, etc.– (1) The District Government or, as the case may be, the Tehsil Municipal Administration may entrust any of its functions to the Union Administration with mutual agreement:

            Provided that resources required for carrying out such functions shall be made available to the Union Administration.

(2) The Union Administration may, with the mutual agreement and the funds raised by it through voluntary contributions, undertake development projects or functions of the Tehsil Municipal Administration or the District Government:

            Provided that no additional user charges or fees shall be collected from the population benefitting from such projects and functions:

            Provided further that for carrying out such functions or completion of such projects, the Union Administration shall not have recourse to public funds or incur any debt.

 

79.       Government to prescribe powers of Union Administration.– The administrative, financial and regulatory powers of the Union Administration shall be prescribed by the Government.

 

80.       Functions of Union Nazim.– A Union Nazim shall–

      (a)  provide leadership for Union-wide development and preparation of budget and the annual development plan;

      (b)  organize the management of inter-villages municipal infrastructure;

      (c)  assist the Tehsil Municipal Administration in spatial planning process;

      (d) constitute Musalihat Anjuman;

      (e)  dispose of the business of Union Administration [124][124][and shall record the annual Performance Evaluation Report of Union Secretaries and such report shall be countersigned by the Tehsil Municipal Officer]; and

      (f)  report to the concerned authorities in respect of–

               (i) encroachment on State and local government property and violation of land use and building laws, rules and bye-laws.

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

             (iii) environmental and health hazards;

             (iv) adulteration of articles of food; and

              (v) breach of public watercourses, within the area of the union.

 

81.       Personal responsibility of Union Nazim.– The Union Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.

 

82.       Setting aside decisions of Union Nazim.– (1) On a motion initiated by the Tehsil Nazim or Town Nazim, Tehsil Council or, as the case may be, Town Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside an order or decision taken by Union Nazim, if it considers the same to be against the interest of the people or public policy.

(2) The result of the resolution referred to in sub-section (1) shall be notified by the Tehsil Council or Town Council, as the case may be.

 

[125][125][82A.  Setting aside the order of Union Nazim by the Chief Executive of the Province.– (1) Notwithstanding anything contained in section 82, where, in the opinion of the Chief Executive of the Province, an order or decision of the Union Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

            Provided that the Union Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

            (2)        On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Union Nazim:

            Provided that if no action is taken within ninety days of the suspension of the order or decision of the Union Nazim, such order or, as the case may be, decision shall stand restored.

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

 

83.       Resignation by Union Nazim.– The Union Nazim may resign from his office by tendering resignation in writing addressed to Naib Zila Nazim.

 

[126][126][84.     * * * * * * * * * * * *]

 

85.       [127][127][Recall] of Union Nazim.– (1) If in the opinion of a member of Union Council, there is a reason to believe that the Union Nazim is acting against the public policy or the interest of the people or on the ground of inaction or neglects to serve the needs of the people, he may, seconded by another member of the Council, give a notice to move a motion in the Union Council for recall of Union Nazim.

            (2)        On receipt of notice referred to in sub-section (1), the Naib Union Nazim shall summon a session of Union Council within three days if the Union Council is not already in session.

            (3)        Where the Union Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipts in the Union Council.

      [128][128][(4) Where the motion referred to in sub-section (1) is approved by two-third majority of the votes of the total membership of the Union Council to be conducted by the [129][129][Election Commission], through a secret ballot, the Union Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the [130][130][Election Commission].]

                (5)           Where the motion fails in the Union Council, the proposer and seconder of such motion shall lose their seats as members of the Union Council.

      [131][131][(6)       * * * * * * * * * * *]

            (7)        The Union Nazim shall have the right to [132][132][address the Union Council] in his defence.

            (8)        No motion for recall of Union Nazim shall be moved during the first six months of assumption of office of Union Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion[133][133][;] [134][134][provided that no motion for recall of Union Nazim shall be moved before 31st December, 2002].

86.       Joint committees of Councils.– The Union Council may, with the consent of the Zila Council or a Tehsil Council or Town Council or adjoining Union Councils set up joint committees of the Councils for any purpose in which such Councils may be jointly interested and may delegate to such joint committee any power which may be exercised by them, including the power to make bye-laws for their functioning.

Chapter VIII

Union Council

87.       Composition of the Union Council.– (1) There shall be a Union Council in each Union comprising [135][135][thirteen] following members elected directly in accordance with section 148–

      (a)  [136][136][six] Muslim members, elected to general seats, including [137][137][two] reserved for women;

      (b)  [138][138][four] members, elected to seats reserved for peasants and workers, including two reserved for women;

      (c)  one member elected to a seat reserved for minority communities; and

      (d) Union Nazim and Naib Union Nazim elected as joint candidates:

      [139][139][Provided that in a Union where the population of minorities is in excess of ten percent of the total population of the Union, reserved seats for minority communities, referred to in clause (c), shall be increased by reallocating the seats specified in clauses (a) and (b) in the manner prescribed by the Government.]

 

88.       Functions of the Union Council.– (1) The functions of the Union Council shall be to–

        (a)   approve the annual development plan and budgetary proposals of the Union Administration;

        (b)   approve rates and fees for services specified in [140][140][Part-V] of the Second Schedule proposed by the Union Administration;

        (c)   facilitate the formation and functioning of Citizen Community Boards;

       (d)   assist the Tehsil Council and Town Council in creation of Village and Neighbourhood Councils;

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

        (f)   mobilize the community involvement in maintenance of public ways, public streets, culverts, bridges and public buildings, de-silting of canals and other development pursuits;

        (g)   promote plantation of trees, landscaping and beautification of public places in the Union;

       (h)   assist Tehsil Municipal Administration in establishment and maintenance of burial and cremation places;

         (i)   approve the terms and conditions of the employment of Village or Neighbourhood guards and oversee their functioning;

         (j)   adopt appropriate measures and provide support to the District Government, Tehsil Municipal Administration and Town Municipal Administration for achievement of socio-economic development and improvement of services;

           (k)    elect Monitoring Committees of the Union, each for municipal services, finance, public safety, health, education, literacy, works and services;

         (l)   elect a Code of Conduct Committee of the Union Council which shall be responsible for enforcing the code of conduct for regulating the conduct of members of the Council;

      (m)   elect a Union Accounts Committee which shall be responsible for examination of the audit reports;

       (n)   elect an Insaf Committee which shall be responsible for the selection of the panel of Conciliators of Musalihat Anjuman for out of court amicable settlement of disputes;

        (o)   review the performance of Union Administration and Union Monitoring Committees; and

       (p)   review the annual statement of accounts and external or special audit reports in respect of the Union Administration.

 

89.       Conduct of the business of Union Council.– (1) The Union Council shall regulate its business in accordance with the bye-laws made by it.

            (2)        The Union Council shall meet at least once in every month.

            (3)        All decisions of the Union Council shall be taken by resolutions passed by a simple majority of its total membership [141][141][:]

            [142][142][Provided that the member presiding the meeting shall not vote except in the case of equality of votes.]

            (4)        All meetings of the Union Council shall be presided over by Union Nazim and, in his absence, by the Naib Union Nazim or, in absence of both Union Nazim and Naib Union Nazim or where a motion for recall of Union Nazim or Naib Union Nazim has been moved, by a member elected by the Union Council from amongst its members present in the meeting.

            (5)        The quorum of the meetings of the Union Council shall be fifty-one percent of its total membership.

            (6)        The meetings of the Union Council shall be open to public, unless the Union Council, by a resolution, decides to hold any meeting in camera.

(7) The minutes of the meetings of Union Council shall be recorded and maintained by an [143][143][official] authorized by the Union Council.

[144][144][89A.  Setting aside the resolution of Union Council.– (1) On a motion initiated by the Tehsil Municipal Administration, the Tehsil Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside a resolution of the Union Council, if it considers the same to be against the interest of the people or public policy.

            (2)        The result of the approval of the resolution of the Tehsil Council referred to in sub-section (1) shall be notified by the Tehsil Council.]

 

[145][145][89B.   Setting aside the resolution of Union Council by the Chief Executive of the Province.– (1) Where, in the opinion of the Chief Executive of the Province, a resolution of Union Council is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Union Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

            (2)        On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Union Council:

            Provided that if no action is taken within ninety days of suspension of the resolution of the Union Council, such resolution shall stand restored.

(3) The quashment of the resolution referred to in sub-section (2) shall be notified by the Government in the official Gazette.]

90.       Address of Union Nazim.– (1) At the commencement of first session of the Union Council after its election and on commencement of first session of every year the Union Nazim shall address the Union Council and shall inform the Council his plans and programmes for the said year and the performance of the Union Administration during the preceding year.

                (2)           Notwithstanding anything contained in sub-section (1), the Union Nazim may address the Union Council whenever he deems necessary to associate or consult the Union Council in functioning of the Union Administration.

91.       Resignation by Naib Union Nazim.– The Naib Union Nazim may resign from his office by tendering resignation in writing addressed to [146][146][Naib Tehsil Nazim].

92.       Recall of Naib Union Nazim.– (1) If in the opinion of a member of Union Council, there is a reason to believe that the Naib Union Nazim is acting against the public policy or the interest of the people or for any other reason, he may, seconded by another member of the Council, move a motion in the Union Council for recall of Naib Union Nazim.

            (2)        On receipt of notice referred to in sub-section (1), the Union Nazim shall summon a session of Union Council within three days, if the Union Council is not already in session.

            (3)        Where the Union Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations immediately on its receipt in the Union Council.

      [147][147][(4)            If the motion referred to in sub-section (1) is approved by two-third majority of the votes of its total membership, through a secret ballot to be conducted by the Returning Officer nominated by the [148][148][Election Commission], the Naib Union Nazim shall cease to hold office forthwith on approval of the motion by the Union Council.]

                (5)           Where the motion fails in the Union Council, the proposer and seconder of such motion shall lose their seats as members of the Union Council.

(6) The [149][149][Election Commission] shall notify the result of the approval of the motion by the Union Council.

            (7)        The Naib Union Nazim shall have the right to [150][150][address the Union Council] in his defence.

            (8)        No motion for recall of Naib Union Nazim shall be moved during the first year of assumption of office of Naib Union Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

      [151][151][(9)            Where the motion against Naib Union Nazim is approved under sub-section (4), the Union Nazim shall cause the election of officiating Naib Union Nazim within ten days from the date of approval of the motion.]

 

Chapter IX

Village and Neighbourhood Councils

93.       Declaration of Village and Neighbourhood Councils.– [152][152][Upon] a proposal of the Tehsil Municipal Administration or Town Municipal Administration, as the case may be,–

         (i)   the Tehsil Council may determine and declare by notification a Village or a Neighbourhood in urban areas in the tehsil, to have a Village Council or, as the case may be, Neighbourhood Council, and number of members to be elected for such Councils; and

        (ii)   the Town Council may determine and declare by notification a Neighbourhood or a Village in the rural areas in the town, to have a Neighbourhood Council or, as the case may be, Village Council, and number of members to be elected for such Councils.

 

94.       Composition of Village Council and Neighbourhood Council.– (1) The number of members of Village Council and Neighbourhood Council shall be five to eleven members each:

            Provided that for each Council one seat shall be reserved for women and one seat for peasants and workers.

            (2)        The Village Council and Neighbourhood Council shall each be headed by a Chairman who shall be the person securing highest number of votes in the election of Village Council or, as the case may be, Neighbourhood Council.

(3) The Union Nazim shall allocate the work relating to the Village Councils and Neighbourhood Councils in the Union amongst the secretaries posted in the Union Administration.

            (4)        Every Village Council and Neighbourhood Council shall be a body corporate.

 

95.       Election of Village Council and Neighbourhood Council.– (1) The Tehsil Municipal Administration and Town Municipal Administration [153][153][may] after declaration of Villages and Neighbourhoods conduct the elections of Village Councils and Neighbourhood Councils as may be prescribed.

(2) District Government shall facilitate and provide necessary support to the Tehsil Municipal Administration and Town Municipal Administration in the elections of Village and Neighbourhood Councils.

(3) Where a Tehsil Council or Town Council does not make declaration referred to in section 93 or where a Tehsil Municipal Administration or, as the case may be, Town Municipal Administration fails to conduct elections of Village Councils or Neighbourhood Councils within ninety days referred to in sub-section (1), the District Government [154][154][may] make such declaration or, as the case may be, conduct the elections of the Village Councils and Neighbourhood Councils within thirty days from the declaration made by it.

            (4)        The vacancies of the members of the Village Council or, as the case may be, Neighbourhood Council referred to in section 93 shall be filled in by the persons securing highest number of votes.

            (5)        The term of office of the Village Council and Neighbourhood Council shall correspond to the term of office of the Union Council concerned provided that the Village Council and Neighbourhood Council shall continue in office until replaced by a new Village Council or a Neighbourhood Council, as the case may be.

 

96.       Functions of Village Council and Neighbourhood Council.– (1) The functions of the Village and Neighbourhood Councils shall be to–

      (a)  develop and improve water supply sources;

      (b)  make arrangements for sanitation, cleanliness and disposal of garbage and carcasses;

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

      (d) take measures to prevent contamination of water;

      (e)  prevent and abate nuisances in public ways, public streets and public places;

      (f)  organise watch and ward in the Village and Neighbourhood through unarmed Village or Neighbourhood guards;

      (g)  organise Village and Neighbourhood sports teams, cultural, and recreational activities;

      (h) mobilise voluntary resources, including physical labour, property and cash contributions for municipal activities in the Village and Neighbourhood;

      (i)   facilitate the formation of co-operatives for improving economic returns and reduction of interstitial poverty and consumer protection;

      (j)   report cases of handicapped, destitute, and of extreme poverty to the Union Administration;

      (k)  mobilise the community involvement in maintenance of public streets, play grounds, parks, culverts and public buildings, de-silting of canals and watercourses; and

      (l)   promote plantation of trees, landscaping and beautification of the Village and Neighbourhood.

(2) The Village Council and Neighbourhood Council shall assist Union Administration in–

            (a)  conducting surveys in the Village and Neighbourhood and collecting socio-economic data;

            (b)  selecting sites for providing municipal facilities and services to the Village or Neighbourhood;

            (c)  identifying encroachments;

            (d) managing burial places and cremation grounds of the village;

            (e)  managing and lighting of Village or Neighbourhood roads, streets, and paths; and

            (f)  collecting land revenue and other taxes.

(3) A Village Council or Neighbourhood Council may, subject to such terms and conditions as may be mutually agreed, entrust any of its functions to the Union Administration:

            Provided that responsibility for discharge of such functions shall continue to vest with the Village Council or, as the case may be, Neighbourhood Council:

            Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.

 

97.       Village Council and Neighbourhood Council to develop facilities.– (1) The Village Council and Neighbourhood Council may, with funds raised through voluntary contributions or on self help basis, develop and maintain municipal and community welfare facilities.

(2) Village Council and Neighbourhood Council shall facilitate creation of the Citizen Community Boards for development and maintenance of municipal and community welfare facilities.

 

Chapter X

Citizen Community Board

[155][155][98.     Composition of Citizen Community Board.– (1) In every local area, groups of non elected citizens may, through voluntary, proactive and self help initiatives, set up any number of Citizen Community Boards. Such Citizen Community Boards shall be set up for the purposes of, inter alia, energizing the community for development and improvement in service delivery, development and management of a new or existing public facility, identification of development and municipal needs, mobilization of stakeholders for community involvement in the improvement and maintenance of facilities, welfare of the handicapped, destitute, widows and families in extreme poverty, establishment of farming, marketing and consumers cooperatives and reinforcing the capacity of a special Monitoring Committee at the behest of the concerned Council; provided that grants shall be available subject to the provisions of section 119.

(2) Notwithstanding anything to the contrary contained in sub-section (1), no person shall be eligible to set up a Citizen Community Board or become its member or hold the office of the Chairman or Secretary of the Citizen Community Board, if such person-

            (a)  is a minor; or

            (b)  is of unsound mind; or

            (c)  has applied to be adjudicated as an insolvent and his application is pending; or

            (d) is an undischarged insolvent; or

            (e)        is a defaulter under law and his name has been published as such.

            (3)        In carrying out its purposes, a Citizen Community Board may interact with voluntary organizations for community welfare.

(4) The Citizen Community Board shall be registered with the registration authority and shall carry on its functions and activities in such manner and subject to such rules as may be prescribed.

            (5)        The Citizen Community Board shall have a general body of its members who shall elect a Chairman, Executive Committee and a Secretary of the Board for carrying out its functions.

            (6)        The term of office of the Chairman, members of the Executive Committee and Secretary of the Citizen Community Board shall be two years extendable through election for a similar term or terms by the general body.

            (7)        The liability of the Executive Committee of a Citizen Community Board, its officers and members shall be as prescribed.]

 

99.       Conduct of Business.– (1) All business of the Citizen Community Board shall be disposed of in its meetings which shall be presided over by the Chairman.

            (2)        The Executive Committee of the Citizen Community Board shall hold its meetings at least once in every three months.

            (3)        The quorum of the meetings of the Executive Committee of the Citizen Community Board shall be forty per centum of the total membership of the Executive Committee.

            (4)        The quorum of the meetings of the general body of the Citizen Community Board shall be one fourth of its total membership.

            (5)        The Secretary of the Citizen Community Board shall be responsible for recording the proceedings of the meetings and maintaining financial and accounting record.

[156][156][(6)      The Secretary shall present the annual statement of accounts in the annual meeting of the Citizen Community Board and after its approval the statement shall be submitted to the registration authority or, such other authority as may be prescribed, within thirty days or such other time period specified in this behalf.]

            (7)        The Citizen Community Board may, in its general meeting, remove any office bearer or member by a resolution on account of unsatisfactory performance or misconduct.

            (8)        The Chairman and Secretary shall be responsible for safe custody and management of property and assets of the Citizen Community Board.

            (9)        All funds of the Citizen Community Board shall be kept in a bank or post office and all transactions shall be made through cheques.

      (10)   The accounts of the Citizen Community Board shall be operated jointly by the Chairman and the Secretary.

      (11)   The accounts of the Citizen Community Board shall be maintained by the Secretary.

 

100.  Raising of funds by Citizen Community Board.– (1) Citizen Community Board may raise funds through voluntary contributions, gifts, donations, grants and endowments for its declared purposes without compromising the larger interest of the community.

            (2)        A Citizen Community Board may also receive project-based cost sharing support from any local government in accordance with the provisions of this Ordinance.

 

[157][157][101.   Citizen Community Board to be a non-profit organization.– (1) The Citizen Community Board shall be a non-profit organization and its income and assets shall be used solely for the attainment of its objectives.

(2) The properties and income of a Citizen Community Board shall vest, and be held, in the name of its Executive Committee and shall sue and be sued in the name of its Executive Committee. No portion of its income shall be paid by way of salary, dividend, profit or bonus or otherwise be distributed to any of its members or contributors.

            (3)        If a Citizen Community Board is not carrying on its functions and activities in accordance with this Ordinance, the registration authority may appoint an administrator, with such powers and functions as the registration authority deems appropriate for running its affairs, taking over its assets, dissolving it, holding fresh elections or for the disposal of any other matter.

(4) Where a local government has contributed towards creation of any assets or funds of a Citizen Community Board, in case of dissolution or de-registration, its assets shall pass on to such local government and the assets shall continue to be used for community welfare by the local government through any of its agencies or any other Citizen Community Board designated by such local government in this behalf.

            (5)        The accounts of the Citizen Community Board shall be subject to audit as may be prescribed.]

 

Chapter XI

Musalihat Anjuman

102.  Constitution of Musalihat Anjuman.– (1) In each Union, a Musalihat Anjuman shall be constituted consisting of a panel of three Musaleheen (Conciliators) one of whom shall be its Convener, to be selected by the Insaf Committee of the Union Council, within thirty days after its election, from amongst the residents of the Union who are publicly known to be persons of integrity, good judgment and command respect:

            Provided that the Union Nazim, Naib Union Nazim or the members of the Union Council may not be appointed as Musaleheen (Conciliators).

            (2)        Any casual vacancy in the panel of Musaleheen (Conciliators) shall be filled in by the Insaf Committee, as soon as practicable.

(3) The Musaleheen (Conciliators) shall be selected for the term of the Union Council or until replaced earlier:

            Provided that Musaleheen (Conciliators) shall be eligible for re-selection.

            (4)        Where in the opinion of the Insaf Committee, a Musleh (Conciliator) is accused of consistent partiality and malpractices in performance of his functions, the Insaf Committee may, subject to notice to show cause, remove such Musleh (Conciliator) and select another Musleh (Conciliator) in his place.

 

103.  Encouragement for amicable settlement of disputes.– (1) The Union Nazim, members of the Insaf Committee and Musaleheen (Conciliators) shall use their good offices to achieve the amicable settlement of disputes amongst the people in the Union through mediation, conciliation and arbitration, whether or not any proceedings have been instituted in a court of law in respect of such disputes:

            Provided that such settlement shall be carried out in such cases where all the parties to the dispute agree thereto and no fee shall be charged for such settlement [158][158][:]

            [159][159][Provided further that in bringing parties to a dispute to an amicable settlement, Musalihat Anjuman shall have regard to the provisions of section 345 of the Code of Criminal Procedure, 1898 (Act V of 1898), Hadood laws and all other laws for the time being in force whereunder certain offences are not compoundable:

            Provided further that every settlement brought by Musalihat Anjuman in a case pending before a court shall be subject to the approval of such court.]

            Explanation.– For the purpose of this section, the expression ‘dispute’ relates to disputes amongst the individuals, whether of civil or criminal nature.

 

104.  Courts may refer cases to Musalihat Anjuman.– (1) Any court of competent jurisdiction may, in a case where it deems appropriate, refer a matter to the Musalihat Anjuman through the Union Nazim for settlement.

            (2)        The court making a reference to Musalihat Anjuman for settlement of a dispute under sub-section (1) may lay down the procedure for summoning the parties to the dispute, the terms of reference, the period during which settlement is to be made, the manner in which report of the settlement is to be submitted and such other matters as it may deem appropriate for resolution of the dispute.

            (3)        Where on a reference made by the court under sub-section (1), the dispute is settled between the parties, the court may make such settlement as a Rule of the Court.

            (4)        The Musalihat Anjuman shall inform the court if the dispute is not settled within the time fixed by the court or, may ask for extension in time for settlement of the dispute.

 

105.  Appointment of Musleh (Conciliator) for individual cases.– Where in a dispute the parties request for appointment of a person other than the Musaleheen (Conciliators) in the panel referred to in section 102 in a particular case as a Musleh (Conciliator), the Union Nazim may, in consultation with the Insaf Committee, appoint such person as Musleh (Conciliator) for that case.

106.  Procedure of settlement of disputes.– (1) The Convener of the Musalihat Anjuman selected under section 102 shall–

      (a)  convene meetings of the Musalihat Anjuman as necessary and at such place or places in the union as he considers appropriate; and

      (b)  conduct the proceedings in an informal manner as he considers appropriate with the object to bring an amicable settlement between the parties.

(2) No legal practitioner shall be permitted to take part in the proceedings on behalf of any party.

            (3)        The report of the Musaleheen (Conciliators) shall be recorded in writing and copies thereof shall be provided to the parties attested by the Secretary of the Union.

 

[160][160][Chapter XII

Local Government Finance

107.  Establishment of local government Funds and Public Accounts.– (1) There shall be established a District Fund, a Tehsil Local Fund, a Town Local Fund and a Union Local Fund, as the case may be, for each respective local government.

            (2)        Revenues received by a local government shall form part of the respective Local Government Fund and shall include–

            (a)  monies transferred by another local government under this Ordinance.

            (b) grants made to or monies received by a local government from the Government or other sources;

            (c)  the proceeds of taxes or charges levied by a local government under this Ordinance;

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

            (e)  proceeds or any other profits from bank accounts, investments or commercial enterprises of a local government;

            (f)  gifts, grants or contributions to a local government by individuals or institutions;

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

            (h) fines paid with respect to offences under this Ordinance or bye-laws, or under any other law for the time being in force in which provision is made for the fines to be credited to the Funds established under this Ordinance;

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

            (j)  all monies transferred to a local government by the Government;

            (3)        All other monies including–

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

            (b)  refundable deposits received by a local government; and

            (c)  deferred liabilities,

shall be credited to the Public Account of the respective local government.

 

108.  Custody of Funds.– Monies credited to a Local Government Fund or a Public Account 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 and shall be operated through the Accounts [161][161][Official] specified under section 114 of the concerned local government.

 

109.  Application of Funds.– (1) The monies credited to a Fund shall be expended by local government in accordance with the annual budget and Supplementary Budget approved by its Council.

            (2)        A local government may transfer approved budgeted amounts to any local government, Village Council or Neighborhood Council or Citizen Community Board, within its local area, for expenditure for the purpose of carrying out a project service or activity transferred to, or managed by, the recipient local government, Village Council, Neighborhood Council or Citizen Community Board.

(3) No local government shall transfer monies to a higher level of Government except by way of repayment of debts contracted before the coming into force of this Ordinance or for carrying out deposit works.

            (4)        The application of Local Government Funds shall, as provided by a Council, be subject to budgetary constraints by ratio to be prescribed for development works and expenditure on establishment:

            Provided that the schedule of establishment shall be maintained by the local governments as may be prescribed.

            [162][162][(5) A local government may allocate up to twenty-five percent of the development budget for utilization in accordance with section 119]:

            Provided that–

      (a)  not less than twenty five percent of the development budget shall be set apart for utilization in accordance with the provisions of section 119; and

      (b)  the amount referred to in clause (a) which remains unspent shall be credited under the same head in the following year’s budget in addition to the fresh allocation under the said clause for that year.

            (6)        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 the remainder of its term in office in that financial year.

            (7)        In every budget a provision may be made for payment of performance incentive bonuses as prescribed.

      [163][163][(8)            Expenditure from the Fund of a local government on a new post or filling of existing vacant post or total establishment expenditures, as the case may be, in a financial year shall not increase more than ten percent in total from the actual establishment expenditures of the previous year:

            Provided that this sub-section shall not apply to a general salary increase of existing schedule of establishment prescribed by the Government.]

 

110.  Charged Expenditure.– The following expenditure shall be treated as Charged Expenditure:

            (a)        in relation to District Fund-

               (i)   the budget of the Zila Council;

              (ii)   any sum to satisfy any judgment, decree or award against a local government by any Court or Tribunal;

             (iii)   all sums to be paid in connection with the administration of the functions of the Zila Mohtasib; and

             (iv)   interest payments;

            (b)        in relation to Tehsil Fund, Town  Fund or Union Fund-

               (i)   the budget of the Tehsil Council or Town Council or, as the case may be, the Union Council;

              (ii)   any sum to satisfy any judgment, decree or award against a local government by any Court or Tribunal; and

             (iii)   interest payments:

            Provided that any other expenditure may be prescribed as Charged Expenditure.

 

[164][164][111.   Budget Preparation.– (1) The annual budget for each local government shall contain estimates of–

            (a)        grants-in-aid from the 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)        To enable the budget preparation by local governments the Government shall, sufficiently before the beginning of each financial year, notify the provisional shares which may be credited to the Fund of a local government from the Provincial Allocable Amount.

            (3)        Each District Government, Tehsil Municipal Administration or Town Municipal Administration and Union Administration shall reappropriate budgetary provisions in accordance with the reappropriation powers delegated to them by the respective Council:

            Provided that at the end of a financial year a full statement of all re-appropriations made shall be submitted to the Council.

            (4)        No demand for a grant shall be made except on the recommendations of the Nazim.

            (5)        Conditional grants from the provincial retained amount shall be shown separately in the budget and shall be governed by conditions agreed therein.

            (6)        Before the commencement of a financial year each local government shall, for its Fund, prepare in the prescribed manner, a budget for that year, in conformity with the provisions of section 119.]

      [165][165][(7)            The budget document shall be prepared in accordance with the Chart of Classification of Accounts notified by the Auditor-General from time to time.]

 

[166][166][112.   Approval of budget.– (1) Following the presentation of the provincial budget, but before the commencement of the next financial year, each Nazim shall, present the budget for approval by the respective Council before the beginning of such financial year:

            Provided that the charged expenditure may be discussed but shall not be voted upon by the Council.

            (2)        When a local government assumes office for the first time, it may within ten weeks, present to the respective Council, a budget for the remaining part of the financial year for approval.

            (3)        The budget .of a local government shall be approved by simple majority of the total membership of the respective Council [167][167][:]

            [168][168][Provided that the Government may review approved budget of a local government and, if found contrary to the budget rules, may require the concerned local government to rectify it.]

            (4)        A budget shall not be approved if–

            (a)  the sums required to meet estimated expenditures exceed the estimated receipts; and

            (b)  the constraints specified in section 119 have not been complied with.

            (5)        No other business shall be taken up by a Council during the budget session.

            (6)        In case a budget is not approved by a Council before the commencement of the financial year to which it relates, the concerned local government shall spend money under various heads in accordance with the budgetary provisions of the preceding financial year for a period not exceeding thirty days on pro-rata basis:

            Provided that a local government shall not spend funds or make commitments for any expenditure, under any demand for grant or appropriation, in excess of eight percent of the amount budgeted in the preceding year within thirty days.

            (7)        In case the budget is not passed within the extended period as specified in sub-section (6), the budget shall be prepared, approved and authenticated by the Government for the full year.

            (8)        After approval by the Council, the respective Nazim shall authenticate by his signature a Schedule specifying the–

            (a)  grants made or deemed to have been made by the District Council, Tehsil Council, Town Council or Union Council; and

            (b)  the several sums required to meet the expenditure charged upon the District Fund, Tehsil Fund, Town Fund or Union Fund.

            (9)        The Schedule so authenticated shall be laid before the Council, but shall not be open to discussion or vote thereon.

      (10)   The Schedule so authenticated shall be communicated to the respective Accounts Officials as specified in section 114 of this Ordinance.

      (11)   At any time before the expiry of the financial year to which a budget relates, a revised budget for the year shall be prepared by a local government and approved by its Council.]

 

113.  Honoraria and allowances.– Each local government may make budgetary provisions for honoraria and allowances of the Nazims, Naib Nazims and members of the Council concerned.

 

[169][169][114.   Accounts.– (1) The accounts of the receipts and expenditure of local government shall be kept in such form and in accordance with such principles and methods as the Auditor General of Pakistan may, with the approval of the President, prescribe:

            Provided that the accounts of Receipts and Expenditure of Tehsil Municipal Administration or Town Municipal Administration and Union Administration shall be kept in such form and in accordance with such principles and methods as may be prescribed [170][170][for such period as may be determined] by the Auditor General of Pakistan.

            (2)        The following arrangement for maintaining of accounts shall be followed:-

            (a)  the District Accounts Officer (or a Treasury Officer where a District Accounts Office does not exist) shall maintain the accounts of each District Government;

            (b)  the Tehsil Accounts Officer or Town Accounts Officer and Union Accountant shall maintain the accounts of the Tehsil Municipal Administration or Town Municipal Administration or the Union Administration, as the case may be; and

            (c)  the District Accounts Officer, Tehsil Accounts Officer or Town Accounts Officer and the Union Accountant shall perform pre-audit of all payments from the Funds of the District, Tehsil or Town and Union, as the case may be, before approving the. disbursements of monies.

            (3)        The accounts of the Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall be maintained in the prescribed manner.

            (4)        The District Accounts Officer shall consolidate the district accounts with the compiled accounts of the Tehsil Accounts Office or Town Accounts Office and Union Accounts Office, as may be prescribed.

            (5)        A statement of monthly and annual accounts and such other necessary statements shall be placed at a conspicuous place by the local government concerned for public inspection.

            (6)        The respective Accounts Committees of the Councils shall hold public hearings in which–

            (a)  objections to statement of accounts referred to in [171][171][sub-section (5)] above may be heard and, if required, appropriate action may be taken; and

            (b)  internal and external Audit Reports shall be discussed for appropriate action.]

 

[172][172][115.   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 Official of the local government for each financial year, showing under the respective heads the annual receipts and disbursements for the purposes of each local government and shall submit the certified accounts with such notes, comments or recommendations, as he may consider necessary, to the respective Nazim:

            Provided that the audit of Tehsil Municipal Administration or Town Municipal Administration and Union Administration shall be conducted by the local Fund Audit Department, in the prescribed manner, [173][173][for such period as may be determined] by the Auditor General of Pakistan.

            (2)        The Nazim shall cause the Audit Report to be submitted to the respective Council and the Council shall refer it for examination to its Accounts Committee.

            (3)        The Auditor General in the case of District Government and Director Local Fund Audit in the case of Tehsil Municipal Administration, Town Municipal Administration and Union Administration, as the case may be, shall have authority to audit and report on the accounts of stores and stock kept in any office of a local government.

            (4)        The Auditor General in the case of District Government and Director Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal Administration and Union Administration, as the case may be, shall–

            (a)  audit all expenditure from the local government fund to ascertain whether the monies shown in the accounts as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it;

            (b)  audit all transactions of a local government relating to Public Accounts;

            (c)  audit all trading, manufacturing, profit and loss accounts of a local government; and

            (d) audit all receipts which are payable into a local government fund and to satisfy himself that all such receipts which are payable into a local government fund have been properly and correctly deposited and rules and procedures relating to such receipts have been fully observed.

            (5)        The Auditor General in the case of District Government and Director Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal Administration and Union Administration, as the case may be, shall have the authority to–

            (a)  inspect any office of accounts, under the control of a local government including treasuries, and such offices responsible for the keeping of initial or subsidiary accounts;

            (b)  require that any accounts, books, papers and other documents which deal with, or form the basis of, or otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may direct for his inspection; and

            (c)  enquire or make such observations as he may consider necessary, and to call for such information as he may require for the purpose of the audit.

            (6)        The officials shall afford all facilities and provide record for audit inspection and comply with requests for information, in as complete a form as possible and with all reasonable expedition.

            (7)        Upon request of a Nazim, the Auditor General in the case of District Government and Director Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal Administration and Union Administration, as the case may be, shall cause a special audit of the accounts of that local government to be undertaken and shall forward his report to the Nazim who shall cause the same to be submitted to respective Council for necessary action.

            (8)        The Auditor General in the case of District Government and Director Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal Administration and Union Administration, as the case may be, shall have access to all the books and documents pertaining to the accounts and may also examine any public servant or premises of the local government concerned.

            (9)        The Auditor General in the case of District Government and Director Local Fund Audit in the case of Tehsil Municipal Administration or Town Municipal Administration and Union Administration, as the case may be, shall perform functions and exercise power in relation to audit of the accounts of the companies, authorities, bodies or corporations owned or managed by a local government.]

      [174][174][(10)          Notwithstanding anything contained in sub-sections (3), (4), (5), (7), (8) and (9), the Auditor-General may, by notification in the official Gazette, direct the Local Fund Audit Department, including the Director Local Fund Audit, to stop the audit of Tehsil, Town and Union Administration, whereafter only the Auditor-General of Pakistan shall audit such accounts.]

 

[175][175][115-A.           * * * * * * * * * * * *]

 

[176][176][115-A].          Internal audit.– (1) Nazim of each District Government and Tehsil Municipal Administration or Town Municipal Administration [177][177][shall] appoint an Internal Auditor [178][178][as may be prescribed].

(2) Internal audit shall be an independent, objective assurance and consulting activity designed to add value and improve the operations of local government, and shall help the local government to accomplish the objectives by bringing a systematic and disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.

            (3)        The Internal Auditor shall serve as a principal support person to respective Nazim of District Government or, Tehsil Municipal Administration or, Town Municipal Administration by providing information to him and members of the respective Council on local government performance.

 

[179][179][116.   Taxes to be levied.– (1) A Council may levy taxes, cesses, fees, rates, rents, tolls, charge, surcharge and levies specified in the Second Schedule:

            Provided that the Government shall vet the tax proposal prior to the approval by the concerned Council:

            Provided further that the proposal shall be vetted within thirty days from the date of receipt of the proposal failing which it would deemed to have been vetted by the Government.

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

            (3)        A Council may, subject to provisos of sub-section (1), increase, reduce, suspend, abolish or exempt any tax.]

 

[180][180][116-A.           Additional power of taxation.- Notwithstanding anything contained in this Ordinance, the Government may, by rules, prescribe a tax or fee not specifically specified in the Second Schedule but such tax or fee shall be recovered by the Local Government.]

 

[181][181][117.   Rating Areas and Property Tax.– (1) On commencement. of this Ordinance, every tehsil and town shall be rating areas within the meaning of the Punjab Urban Immovable Property Tax Act, 1958 (V of 1958).

            (2)        The Tehsil Council or Town Council, as the case may be, shall subject to the provisions of section 116, determine the rate of property tax in an area within the tehsil or town:

            Provided that in the areas within a tehsil or town where rate has not been determined, the rate shall remain as zero.

            (3)        Unless varied under sub-section (2), the existing rates in the areas within a tehsil or town 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 (V of 1958).]

 

[182][182][118.   Collection of taxes.– (1) All taxes levied under this Ordinance shall be collected, as prescribed [183][183][.]

            [184][184][* * * * * * * * * * * * *]

            (2)        Failure to pay any tax and other money claimable under this Ordinance shall be an offence and the arrears shall be recovered as arrears of land revenue.]

 

118-A.    Distribution of cattle mandi fee.– In the City District, the proceeds from the cattle mandi fee shall be distributed in the following manner:-

                                                                                      (i)      Town where the cattle mandi is established                                              25%

                 (ii)   All towns including the town where cattle mandi is established.  75%

 

119.  Bottom up planning and the ownership incentive system.– (1) Before the beginning of the financial year the respective local government [185][185][may] lay down and announce the classification of development schemes to be undertaken exclusively under the provisions of this section.

            (2)        A local government may grant to the Citizen Community Boards within its local areas, up to eighty percent of the budgeted amount of an approved development scheme in the manner prescribed:

            Provided that a scheme shall be deemed to be an approved scheme if–

      (a)  the prescribed departmental procedure for estimating the cost of the scheme has been followed;

      (b)  the estimating officer certifies that the scheme meets the requirements laid down by law;

      (c)  the Citizen Community Board has deposited its share of the cost of the development scheme with the concerned local government; and

      (d) the complete departmental estimates and the proof of deposit of the contribution of Citizen Community Board are attached.

    [186][186][(3)  The grant referred to in sub-section (2) shall be spent from the funds reserved in the annual development budge for Citizen Community Boards.]

            (4)        A cut off date for submission of all schemes proposed by the Citizen Community Boards shall be announced by the local government concerned before the presentation of its budget.

      [187][187][(5)            The respective local government shall authorize an official to draw up a statement specifying the schemes submitted by the cut off date specified in sub-section (4) by classification including the total amount of contributions for a particular classification of schemes.]

            (6)        A second statement shall determine contributions for a particular classification of schemes as a ratio of the total contributions for all schemes submitted with a particular local government for that year and the statement shall be used to determine amounts of allocations for a classification of schemes from the budget reserved for the purpose.

(7) A third statement shall be drawn up which shall identify the number of schemes submitted in a particular classification, beginning with the scheme containing the highest contribution by the Citizen Community Board in a classification until all the schemes in the classification are selected or the funds allocated for that particular classification in the amount determined in sub section (6) are exhausted.

    [188][188][(8)  The funds allocated for Citizen Community Boards under section 109 shall be communicated to the authorized officer under sub-section (5) by the Executive District Officer (Finance and Planning) for a District Government and the Tehsil/Town Officer (Finance) for a Tehsil/Town Municipal Administration and a Union Secretary, incharge of finance, for a Union Administration.]

      [189][189][(9)            The identified schemes shall be included in the budget before submission to the concerned Council.]

      (10)   The statement referred to in sub-section (7) shall be approved by a simple majority of the members of the respective Council, in a budget session to be held by the respective Council.

      (11)   The schemes approved by the respective Councils shall be carried out as prescribed.

      [190][190][(12)          Subject to sub-section (10), the Accounts Official of the respective local government shall release funds in the prescribed manner in accordance with the schedule of expenditure.]

 

120.  Local governments not to incur debt.– (1) No local government shall incur any debt.

            (2)        Surplus funds of local governments may be invested in accordance with the policy of the Government.]

 

[191][191][Chapter XII-A

Provincial Finance Commission and Fiscal Transfers

120-A.    Establishment of Provincial Finance Commission.– On coming into force of this Chapter, the Governor of the Punjab shall forthwith constitute a Provincial Finance Commission for the Punjab, hereinafter referred to as the Finance Commission.

 

[192][192][120-B.            Membership.– (1) The Finance Commission shall consist of ten members including the Chairman, as under:-

            (a)        four members shall be ex-officio, namely–

               (i)   the Minister for Finance of the Province, who shall be the Chairman of the Finance Commission, and in his absence for whatsoever reasons, the members may elect one of the members present to be Chairman in the manner prescribed for the duration of his absence;

              (ii)   the Secretary to Government, Local Government and Rural Development Department;

             (iii)   the Secretary to Government, Finance Department (as Member/Secretary); and

             (iv)   the Secretary to Government, Planning and Development Department;

      (b)  three professional members from the private sector to be appointed in the manner stated in the Seventh Schedule; and

      (c)  one Zila Nazim, one Tehsil Nazim or Town Nazim and one Union Nazim.

            Explanation: For the purposes of this Chapter “private sector person” means a person who is not in the service of Pakistan or any statutory body or any other body which is owned or controlled by the Federal Government or the Provincial Government or a local government.

            (2)        The Finance Department shall act as the Secretariat of the Provincial Finance Commission.

            (3)        The term, remuneration and other terms and conditions of service of the professional members of the Finance Commission shall be as provided in the Seventh Schedule; provided that the term of office and other terms and conditions of service of a member shall not be altered to his prejudice during his term of office.

            (4)        The professional members of the Finance Commission shall be appointed by the Governor in such a manner that there is approximate equivalence in their number from amongst experts in economics, finance and public administration, each possessing a post graduate degree, preferably a doctorate in a related subject, and having at least ten years practical experience in a related field.

            (5)        No proceedings or act of the Finance Commission shall be invalid merely on the ground of existence of a vacancy other than that of a professional member in or defect in the composition of the Finance Commission.

            (6)        A professional member shall be removed in the prescribed manner.]

 

120-C.    Eligibility for further appointment.– A professional member shall be eligible to be reappointed for another term but shall not, in any case, be eligible for appointment in the service of Pakistan or any local government for a period of two years, commencing from the date of relinquishment of his office.

 

[193][193][120-D.           Functions, duties and powers of the Finance Commission.– (1) The functions, duties and powers of the Finance Commission shall be to make recommendations to the Governor for–

                  (a)  a formula for distribution of resources including–

                           (i)   distribution between the Government and the local governments out of the proceeds of the Provincial Consolidated Fund into a Provincial Retained Amount and a Provincial Allocable Amount, respectively:

                                       Provided that in no case shall the Provincial Allocable Amount be so determined that it is less than the funds transferred to local governments in the financial year 2001-2002 and the establishment charges budgeted for the functions of local governments in the same year excluding transfers in lieu of Octroi and Zila Tax:

                                       Provided further that all the monies received by the Government in lieu of Octroi and Zila Tax shall be added to the Provincial Allocable Amount separately; and

                          (ii)   distribution of the Provincial Allocable Amount amongst the District Governments, Tehsil Municipal Administrations and Town Municipal Administrations and the Union Administrations as shares;

                  (b)  the making of grants-in-aid by the Government to the local governments from the Provincial Retained Amount; and

                  (c)  any other matter relating to finance for and of the local government referred to the Finance Commission by the Governor, or the Government, or by a local government.

            (2)        The recommendations shall be based on the principles of fiscal need, fiscal capacity, fiscal effort and performance.

            (3)        Before finalization of the recommendations under sub-section (1), the Finance Commission shall hold consultations with the relevant departments of the Government, local governments and, in the discretion of the Finance Commission, with any other body or person, and this process may carry on during the currency of an Order made by the Governor under sub-section (6).

            (4)        The Finance Commission shall forward the provisional recommendations prepared under sub-section (1) to the Cabinet, which shall provide its views within two weeks failing which the Finance Commission shall make its recommendations to the Governor.

            (5)        The Finance Commission may review the recommendations on receiving the views of the Cabinet, if any, and on finalization of its recommendations shall forward them to the Governor.

            (6)        As soon as may be, after receiving the recommendations of the Finance Commission, the Governor shall by Order specify in accordance with the recommendations of the Finance Commission under clause (a) of sub-section (1), the Provincial Retained Amount and the Provincial Allocable Amount, and in turn the shares inter se of the local governments and that share shall be paid directly to the local government concerned promptly in accordance with the laid down procedure:

            Provided that the Finance Commission may recommend an interim formula only for the financial year 2002-2003.

            (7)        The Governor may, by Order, also make grants-in-aid of the revenues of the local government in need of assistance and such grants shall be an additional accrued expenditure upon the Provincial Consolidated Fund after deduction of Provincial Allocable Amount.]

 

[194][194][120-E.            Certain institutional processes of the Finance Commission.– (1) In every financial year, at least three months before the finalization of the Provincial Budget, the Finance Commission shall require the Finance Department to submit a statement of estimated revenues and expenditures of the Government for the following financial year and shall also require a statement of the Provincial Allocable Amount and its distribution prepared in the light of the Order under section 120-D (6).

            (2)        The Finance Department shall provide the Finance Commission with a statement of the Provincial Allocable Amount and its distribution, prepared in accordance with the Order made under section 120-D (6), on approval of the Provincial Budget [195][195][:]

            [196][196][Provided that the Provincial Allocable Amount reflected in the annual Budget proposals of the Province shall be in accordance with the Order specified in sub-section (6) of section 120D.]

            (3)        The Finance Commission may cause any information required for making assessments and decisions on fiscal transfers to be placed before it from any organization or office of the Government, or local government.

            (4)        The Finance Commission shall take all decisions by a majority of members present and voting:

            Provided that at least a majority of the professional members are present:

            Provided further that the Chairman shall have the casting vote.

            (5)        The Finance Commission shall present to the Government and local governments an annual report on fiscal transfers and local government resources.

            (6)        The Government shall cause a copy of the report to be laid before the Provincial Assembly and the local governments shall cause a copy of the report to be laid before the respective Councils.]

 

120-F.  Formula and its application and revision.– (1) The Provincial Allocable Amount and shares of the local governments shall be determined by the Order which shall be on the basis of actual monthly receipts of the Government.

            (2)        The Order shall remain in force for a period of three years.

            (3)        At least six months before the expiry of the aforesaid period, the Finance Commission shall recommend the formula for the next period, in accordance with sub-section (1) of section 120-D, on the basis of evaluation of impact of fiscal transfers on the local governments and other relevant matters.

            (4)        Any evaluation similar to the objectives of sub-section (3) carried out by an agency other than the Finance Commission may also be taken into consideration by the Finance Commission.

            (5)        In case the recommendation is not finalized before the expiry of the Order under section 120-D, the Order in force shall continue to serve as the determinant of the Provincial Allocable Amount and the shares of the local governments, as the case may be, till such time that a new Order is made.

 

120-G.    Obtaining of data.– (1) The data required for the formulation and application of the formula shall be obtained by the Finance Commission from the Federal, Provincial or local governments, and or from any authority, corporation, body, or organization established by or under law or which is owned or controlled by any Government or in which any of the governments has a controlling share or interest or any other source.

            (2)        The Finance Commission may, where it deems appropriate, institute data collection or recommend such data collection to any agency and may also recommend to the Government to bear the cost of such data collection.

 

120-H.    Certification requirements for fiscal transfers.– (1) The Finance Commission in consultation with the Government shall determine the requirements for certification of fiscal transfers.

            (2)        Certifications under sub-section (1) shall, inter alia, include the following:-

            (a)  Provincial Allocable Amount and its calculation;

            (b)  Transfer of fund in accordance with determined shares to the District Governments, Tehsil Municipal Administrations, Town Municipal Administrations and the Union Administrations in the Province;

            (c)  Transfer of funds in accordance with the decisions of the Finance Commission on references made to it from time to time; and

            (d) Revenues and expenditures of the Government and local governments.

            (3)        In cases where the institutional processes of the Government or the local governments generate data required for administration of fiscal transfers, the Finance Commission may recommend further requirements for certification.

            (4)        The certification required by the Finance Commission shall be furnished to the Finance Commission by the Government, local governments, any relevant agency connected with the Government or the Federal Government.

 

[197][197][120-I. Ensuring flow of funds to local government.– The Government and the local governments shall provide reports to the Finance Commission in accordance with the timeframe and methodology for the flow of funds prescribed by the Finance Commission.]

 

120-J.      Reference by Provincial Government or local government to the Finance Commission.– The Government or a local government may seek redress of grievance relating to any matter connected with fiscal transfers by the Government concerning itself or another local government by making a reference to the Finance Commission along with the grounds of such grievance whereupon the Finance Commission may take a decision for the purpose of redress of grievance; provided that the decision so made shall not change the Order in force under sub-section (6) of section 120-D or the shares of the local government.

 

120-K.    Procedural powers of the Finance Commission.– Nothing contained in this Chapter shall be construed to impose limits on the powers of the Finance Commission under any law for the time being in force as regards calling for any information relating to the fiscal transfer formula and transfer of funds and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908).

 

120-L.     Monies to form part of composite cash balance of the Province.– District Fund shall form part of the composite cash balance of the Province only for the purpose of calculating the over draft requirement of the Province.

 

120-M.   Transfer of Funds.– The Provincial Allocable Amount and shares of the local governments shall be transferred on the basis of actual monthly receipts of Government.

120-N.    Operating procedure of the Finance Commission.– The Finance Commission shall formulate its operating procedure for the conduct of its business.]

 

[198][198][120-O.           Rules of Business of the Finance Commission.– Notwithstanding anything to the contrary contained in section 191 of this Ordinance, Government shall, on the recommendation of Finance Commission, make Rules of Business of the Finance Commission.]

 

Chapter XIII

Local Government Property

121.  Ownership of immovable property.– (1) Subject to any reservations made, or any conditions imposed by the Government, the property specified hereunder shall vest in the respective local government if it is–

         (a)  vested in a local government through succession as provided in section 180;

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

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

(2) The properties of the Government in possession of the local councils established under Punjab Local Government Ordinance, 1979 (VI of 1979) shall pass on to their successors as provided in section 180 till varied by the Government.

            (3)        The successor local governments shall, subject to policy of the Government or contractual obligations, make bye-laws for the use, development and management of the local government properties.

[199][199][(4)      The Government shall not, except with the prior consent of the local government concerned, reallocate or in any other manner divest title of properties vested in that local government under this Ordinance.]

 

122.  Transfer of Property by the Government.– Subject to such conditions as may be prescribed, the Government may, on its own accord or on a request by a District Government, transfer the management of ‘nazul land’, ‘auqaf land’ or any other Government or public property to it for administration as a trustee.

 

123.  Stock taking by the Nazim (1) Every Zila Nazim, Tehsil Nazim, Town Nazim and Union Nazim shall, on assumption of his office and thereafter, once in every year on a date fixed by him, take the physical stock of movable and immovable properties of the concerned local government and submit a report to the concerned Council.

            (2)        The report referred to in sub-section (1) shall contain–

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

            (b)  total value of the property, annual return therefrom and change in its value, if any;

            (c)  particulars of unserviceable articles;

            (d) particulars of losses, if any; and

            (e)  proposals for utilization, development and improvement during the following year.

 

124.  Use and disposal of properties of local governments.– (1) Properties of local governments shall be used only for public purposes.

            (2)        Immovable properties of local governments shall, subject to section 125, not be sold or permanently alienated:

            Provided that such properties may be given on lease through competitive bidding by public auction [200][200][* * *] [201][201][:]

            [202][202][Provided further that the Government may constitute a Committee headed by Zila Nazim to identify encroached or redundant properties that may be sold in the prescribed manner with the approval of the Government. The funds generated from the sale of such properties shall be kept in a separate account and be used only for development purposes.]

            (3)        The movable property of a local government which is required to be disposed of, shall be sold through competitive bidding by public auction.

            (4)        All articles declared unserviceable shall be disposed of through competitive bidding by public auction.

 

125.  Acquisition of immovable property.– Whenever any local government considers it necessary or expedient, it may acquire or purchase any immovable property for public purposes:

            Provided that in case of purchase of property, the agreement of purchase shall be in writing:

Provided further that until the development authorities are merged with any other department or authority of a local government, the development authorities decentralised to District Government, Tehsil Municipal Administration and Town Municipal Administration may acquire land for development purposes and may sell or dispose of thereafter in accordance with the existing laws and the rules made thereunder.

 

126.  Loss of property of local government.– In case of any loss of property of the local government, the responsibility for such loss shall be fixed by the concerned local government and the amount of the loss shall be recovered from the defaulting person and a report to this effect shall forthwith be submitted to the concerned council in the meeting next following.

 

Chapter XIV

Government-Local Governments Relations

127.  Relations of Government with the District Government.– (1) The District Government shall carry out its decentralised functions in accordance with the provisions of this Ordinance and the rules made thereunder.

            (2)        The District Government shall collect such Provincial tax or taxes within its local area as the Government may direct and the District Government shall after the collection of such tax or taxes deposit the same in the relevant Government account.

            (3)        The Government may provide guidelines and render advice to the District Government through the concerned Zila Nazim for achieving the ends of Government policy and for promoting economic, social and environmental security of the Province.

 

128.  Directions by Chief Executive of the Province.– [203][203][(1) The Chief Executive of the Province may, by himself or through any officer specifically authorized by him, issue directives in public interest to a [204][204][*] Nazim for implementation.]

(2) Where the situation demands immediate action and the [205][205][*] Nazim fails to comply with the directions given to him under sub-section (1), the Chief Executive of the Province may require the Chief Secretary to direct the [206][206][Provincial Police Officer] and the District Coordination Officer concerned to take such actions as the situation may necessitate [207][207][:]

            [208][208][Provided that where a grave threat to law and order exists and requires immediate action and the Zila Nazim wilfully abstains from the district, the Government may authorize, in writing, the Naib Zila Nazim or, where the Naib Zila Nazim is also not available, the senior most Presiding Officer of the Zila Council, to act as officiating Zila Nazim:

Provided further that such authorization shall cease forthwith upon the return of Zila Nazim to his office.]

 

[209][209][129.   Suspension of a Nazim, etc.– (1) Where, in the opinion of the Chief Executive of the Province, a Nazim is deliberately avoiding or abstaining wilfully or failing to comply with the directions given by the Chief Executive under section 128, he may suspend the Nazim for a period not exceeding ninety days, for the reasons to be recorded and conveyed to the Nazim.

            (2)        During the period of suspension, the Government shall cause, to be conducted, an enquiry by the Provincial Local Government Commission which shall provide an opportunity of personal hearing to the suspended Nazim.

            (3)        The Provincial Local Government Commission shall submit its report of the enquiry along with its recommendations which may include removal of the Nazim to the Chief Executive of the Province for appropriate action in the light of such recommendations as he may deem appropriate.

            (4)        In case no decision is taken within ninety days from the date of suspension of the Nazim, he shall stand re-instated to his office.

(5) During the period of suspension of the Nazim, the Naib Nazim shall act as Nazim.]

 

130.  Entrustment of certain functions to District Government.– (1) The Government may require the District Government to perform any specific task which requires funds beyond its budgetary provisions, the Government shall provide necessary resources.

            (2)        The District Government may, with the consent of the Government, entrust any of its functions to the Government.

            (3)        The Government may, with the agreement of the District Government, decentralise any of its offices other than the offices decentralised to the District Government under section 15 or entrust any of its functions to the District Government.

            (4)        The Government shall provide technical and administrative support and fiscal resources as may be determined by the Government.

 

131.  Provincial Local Government Commission.– (1) The Government shall appoint a Provincial Local Government Commission which shall consist of persons of integrity and good track record of public service. The Commission shall consist of the following:

         (a)  a Chairman who shall be the Minister for Local Government;

         (b)  two members from the general public, one each nominated by the leader of the House and leader of the Opposition of the Provincial Assembly;

         (c)  two eminent, qualified and experienced technocrat members selected by the Government; and

         (d) Secretary, Local Government and Rural Development Department, shall be ex-officio member and secretary of the Commission:

     Provided that in case of equality of vote, the Chairman shall have a casting vote.

            (2)        The Provincial Local Government Commission may, for the performance of its functions, co-opt any official of the Government for any specific assignment.

            (3)        The tenure of the [210][210][* * *] members of the Provincial Local Government Commission, other than Secretary, Local Government Department, shall be four years.

(4) The Local Government Department shall provide secretarial support to the Local Government Commission and the Department shall render assistance in the functioning of the Commission [211][211][by establishing a separate Secretariat of the Commission with sections for each level of local government that is District, Tehsil and Union levels].

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

            (6)        The Government shall provide [212][212][a separate budget] for the Provincial Local Government Commission in the annual budget.

      [213][213][(7)            The Government shall notify the organogram and schedule of establishment of the Provincial Local Government Commission.

            (8)        The Secretary of the Provincial Local Government Commission shall be the Principal Accounting Officer and the Commission shall have its own Drawing and Disbursing Officer.

            (9)        The Provincial Departments shall aid and assist the Provincial Local Government Commission in performance of its functions.]

 

132.  Functions of the Provincial Local Government Commission.– [214][214][(1)] The functions of the Provincial Local Government Commission shall be as provided in this Ordinance and, in particular, it shall–

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

        (b)   conduct, on its own initiative or, whenever, so directed by the Chief Executive of the Province, an inquiry by itself or through District Government into any matter concerning a local government;

        (c)   cause, on its own initiative or, whenever, so directed by the Chief Executive of the Province, a special audit by itself or direct a District Government to arrange a special audit, of any local government;

       (d)   resolve disputes between any Department of the Government and District Government or between two District Governments:

                     Provided that if the Local Government Commission fails to settle the dispute, the aggrieved party may move the Chief Executive of the Province for resolution thereof;

        (e)   enquire into the matters referred to it by the District Coordination Officer under the provisions of sub-section (3) of section 28 and by the Government under sub-section (4) of section 30 and give its decision thereon or, as the case may be, submit report to the competent authority; [215][215][*]

        (f)   submit to the Chief Executive of the Province an annual report on the over-all performance of the district and tehsil level local governments [216][216][;]

[217][217][(g)      take cognizance of violations of laws and rules by a local government in performance of its functions;

       (h)   organize consultative planning meetings of National and Provincial legislators, Zila, Tehsil or Town Nazims of a district on a periodic basis to provide their participation in development activities of the district with regard to–

                  (i)   the consultative process of the Annual Development Plan of the district;

                 (ii)   formulating procedure for utilization of the legislators’ development grant;

                (iii)   assessing implementation of decision of these meetings; and

                (iv)   carrying out review of development schemes; and

         (i)   facilitate the performance of Provincial departmental functions of the decentralized offices relating to policy analysis, oversight, checks and balances, capacity-building and coordination through the Commission.]

      [218][218][(2)            The directions and orders of the Provincial Local Government Commission arising out of its inspections and inquiries under clauses (a), (b) and (c) of sub-section (1), shall be binding on the concerned local government failing which the Commission shall report the matter with specific recommendations to the Chief Executive of the Province for decision and appropriate action.

            (3)        Where the Provincial Local Government Commission is of opinion that suspension of a Nazim is necessary for the fair conduct of the enquiry under clause (b) of sub-section (1) or preventing the Nazim from continuing with any unlawful activity during the pendency of enquiry, it may recommend to the Chief Executive of the Province for making appropriate order for suspension of such Nazim for a maximum period of ninety days.

            (4)        Where, on an inquiry under clause (b) of sub-section (1), a Nazim, Naib Nazim or a member of a Council is found guilty of misconduct by the Provincial Local Government Commission, it shall recommend appropriate action, including his removal, to the Chief Executive of the Province.

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

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

            (b)  compelling the production of documents;

            (c)  receiving evidence on affidavits; and

            (d) issuing commission for the examination of witnesses.]

 

133.  Responsibility of the Provincial Local Government Commission.– The Provincial Local Government Commission shall be responsible to the Chief Executive of the Province.

 

[219][219][133A. Restructuring of Provincial Departments.– Administrative realignment of Provincial departments shall be made in compatibility with the features of Devolution Plan, ensuring the principles of good governance not later than the 31st December, 2005.]

 

134.  Zila Mohtasib.– (1) Without prejudice to the provisions as contained in the Punjab office of the Ombudsman Act, 1997, in every district there shall be a Zila Mohtasib.

(2) The Zila Mohtasib shall redress citizens’ complaints against mal-administration of the holders of public offices in the local governments within the district.

            Explanation.– For the purpose of this section, the expression ‘holders of public office’ includes all functionaries of the District Government, Tehsil Municipal Administration, Union Administration, Nazims, Naib Nazims, District Police Officers and officials, members of the Councils and all officials of the Council.

            (3)        All holders of public offices shall aid and assist the Zila Mohtasib in exercise of his functions.

            (4)        The Zila Mohtasib shall hold office for a term of four years and shall be eligible for reappointment for a similar term.

            (5)        The Zila Mohtasib may resign his office by writing under his hand addressed to the Zila Council through Naib Zila Nazim.

            (6)        The manner of selection, appointment, removal, terms and conditions of service, functions, and powers of the Zila Mohtasib and procedures relating thereto shall be as given in the Third Schedule.

 

Chapter XV

Internal Controls

135.  Inspection and supervision.– (1) The Zila Nazim may designate inspecting officers to objectively examine the performance of a Tehsil Municipal Administration, Town Municipal Administration and Union Administration in relation to service delivery as may be prescribed.

            (2)        The inspection reports shall be prepared on the specified format and forwarded to the Zila Nazim within the time fixed by him.

            (3)        Zila Nazim shall advise the concerned Nazim to take appropriate action on the report and inform the respective Council about the action taken thereon within thirty days.

(4) If any action is required to be taken against the concerned Nazim, the Zila Nazim may [220][220][refer the matter to the Provincial Local Government Commission for appropriate action].

 

136.  Enquiries.– (1) The Zila Nazim may require any Tehsil Nazim, Town Nazim or Union Nazim in the district to conduct an enquiry into any matter concerning respective local government and submit the report along with the proceedings of the enquiry to the Zila Nazim.

      [221][221][(1A)         Where the Zila Nazim is not satisfied with the conduct of enquiry carried out under sub-section (1), he may arrange for an independent enquiry by an officer of the District Government.]

(2) On the basis of the findings of the enquiry, the Zila Nazim shall advise the concerned Nazim to take appropriate action on the report within thirty days and place it before the respective Council for information.

 

137.  Transparency.– (1) Every citizen shall have the right to information about any office of the District Government, Tehsil Municipal Administration and Union Administration.

            (2)        Every office shall provide requisite information, if not restricted under any law for the time being in force, on the prescribed forms and on payment of such fee as may be prescribed.

            (3)        Information about the staffing and the performance of the office of a local government during the preceding month shall, as far as possible, be displayed at a prominent place within the premises of the office for access by the citizens.

 

138.  Monitoring by committees.– (1) The Monitoring Committees elected by the Zila Council shall be responsible for monitoring the functioning of the offices of the District Government and preparing quarterly evaluation reports on the prescribed format.

(2) The Monitoring Committees of Tehsil Council and Town Council shall be responsible for monitoring the functioning of the offices of the Tehsil Municipal Administration or Town Municipal Administration and preparing quarterly evaluation reports on the prescribed format.

(3) The Monitoring Committees of Union Council shall be responsible for monitoring the functioning of all offices of the District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration for delivery of services within its area and preparing quarterly evaluation reports on the prescribed format.

(4) The reports referred to in sub-sections (1) to (3) shall, in particular, contain evaluation of the performance of each office in relation to–

            (a)  achievement of its targets;

            (b)  responsiveness to citizens’ difficulties;

            (c)  efficiency in the delivery of services; and

            (d) transparent functioning.

(5) The Monitoring Committees shall submit their quarterly reports to the respective Councils which may through a resolution require the respective Nazim to take necessary action.

            (6)        The Monitoring Committees shall function without intruding and interfering in the day to day working of the offices of the local governments and shall not cause any harassment to the functionaries thereof, nor shall assume command and control of such offices.

            (7)        Notwithstanding any punishment provided in any law for the time being in force, any member of the Monitoring Committee violating the provisions of sub-section (5) and sub-section (6) shall be removed from the Monitoring Committee by the respective Council.

            (8)        Any functionary being aggrieved of any misbehaviour, undue interference, harassment or misconduct by a member or members of a Monitoring Committee may report to the Code of Conduct Committee of the concerned Council and may invoke disqualification proceedings against such member or members.

            (9)        The concerned Monitoring Committee may recommend to the competent authority the payment of bonuses or performance pay to the functionaries of the local governments in recognition of their efficient performance, subject to availability of funds for this purpose.

      (10)   The Monitoring Committee may identify inefficiency or corruption of functionaries of local governments and report to the concerned Nazim for appropriate action and remedial measures and the Nazim shall inform the concerned Council within thirty days of the action taken by him.

 

139.  Code of Conduct Committees of the Councils.– (1) There shall be a Code of Conduct Committee in each Council consisting of such number of members as the Council may determine.

            (2)        The Code of Conduct Committee shall ensure adherence of all members of the Councils, Nazims and Naib Nazims to the prescribed code of conduct for promoting their honest, responsible and efficient functioning and behaviour.

            (3)        The Code of Conduct Committee shall monitor the conduct of the elected representatives and report to the concerned Council the incidents of inefficiency and corruption.

            (4)        On receipt of a report under sub-section (3), a Council may, by resolution of the majority of its members, invoke proceedings of disqualification against such member.

 

140.  District Mushavirat Committee.– (1) There shall be constituted a Zila Mushavirat Committee consisting of the Zila Nazim, Naib Zila Nazim and all Tehsil Nazims and Town Nazims in the district.

(2) The Zila Nazim shall be the Chairman of the Zila Mushavirat Committee and the District Coordination Officer shall act as its Secretary.

[222][222][(3)      The Zila Mushavirate Committee shall meet at least once every month or as and when called into meeting by the Zila Nazim or on the request of any two members of the Committee, and the minutes of the meeting shall be sent to the Government.]

            (4)        The functions of the Zila Mushavirat Committee shall be–

            (a)  to crystallise vision for integrated development of the district.

            (b)  to prioritise and co-ordinate inter-tehsil development plans;

            (c)  to resolve intra-district disputes;

            (d) to muster resources for crisis management; and

            (e)  to set directions for realizing economic potential of the district.

[223][223][Chapter XV-A

District Service

140A.  Creation of District Service.– Notwithstanding anything contained in any other law, rules or service contract, for the time being in force, the Government shall, in every district, create a District Service, comprising all posts of local governments grouped into district and tehsil cadres, for decentralized local government functions and groups of offices with adequate monetary benefits and incentives for promotion and performance not later than the 31st December, 2005.]

 

[224][224][Chapter XVI

Local Government’s Responsibility

for Enforcement of Laws

141.  Offences, punishments and their cognizance.– (1) The offences specified in the Fourth and Eighth Schedules, shall be liable to punishment by way of imprisonment, fine, seizure, forfeiture, confiscation and impounding and such other penalties, as are provided in this Ordinance.

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

            (c)  the Eighth Schedule, shall in the first instance, be liable to fine by issuing a ticket specified in the Ninth Schedule and, where an accused repeats the offence within a period of three months, for which he was subjected to fine, he shall be liable to the same punishment as provided in clause (b):

                        Provided that the concerned Nazim may, with the approval of the Council and by notification in the official Gazette, exempt any area from the application of this provision in respect of such offences and for such period as may be specified therein.

            (3)        The offences specified in clause (a) of sub-section (2), shall be cognizable and information in this regard shall be forwarded to the officer incharge of a police station by the Inspector for registration of a case against the accused in accordance with the provisions of section 154 of the Code of Criminal Procedure, 1898 (V of 1898), hereinafter in this Chapter referred to as the “Code”.

            (4)        A Court shall take cognizance of the offences specified in clause (b) of sub-section (2), on a complaint made in writing by the Inspector in accordance with the provisions of section 200 of the Code.

            (5)        The offences specified in Part-II of the Fourth Schedule and Eighth Schedule shall be tried in a summary manner in accordance with the provisions of sections 260 to 265 of the Code, except sub-section (2) of section 262 thereof.

            (6)        The laws specified in the Tenth Schedule, shall be enforced by the local governments indicated against each.

            (7)        The Federal Government or Provincial Government may, by notification in the official Gazette, entrust to a local government the enforcement of any other law for the time being in force.

            (8)        The fines collected under sub-section (6) and sub-section (7), shall be deposited under separate receipt head in the Public Account of the concerned local government.

            (9)        The Government shall appoint one or more Magistrates of the First Class at the headquarters of a tehsil or town, who shall function, exclusively under the Sessions Judge and not perform any executive function, to deal with the cases relating to local and special laws, and the offences under this Ordinance.

            Explanation.– For the purpose of this Chapter, the “Court” shall mean the Court of a Magistrate of the First Class appointed under the Code.

 

142.  Appointment and control of Inspectors.– (1) The concerned Nazim shall, on the recommendations by the officers specified in the third column of the Fourth Schedule and fourth column of the Eighth Schedule indicating the number of Inspectors required to exercise jurisdiction over the specific category or categories of offences in the assigned area designated as blocks or wards and with the approval of the concerned Council, authorize the officials of the local government as Inspectors for enforcement of the offences specified in such Schedules:

            Provided that it shall not affect the appointment of the Inspectors appointed of the local governments before coming into force of this Chapter against any sanctioned post with the express function of inspection by whatever designation may be, and such Inspectors shall be deemed to be Inspectors under this Ordinance.

            (2)        The officials specified against each offence in the third column of the Fourth Schedule and fourth column of the Eighth Schedule, shall be the controlling authority and administrative head of the Inspectors notified for such offence and the Inspectors shall report to him only for the enforcement of provisions of this Chapter notwithstanding to whichever office of a local government they may belong:

            Provided that a Tehsil or Town Municipal Administration may request the District Government for providing district officials required to conduct inspection functions specified for tehsil or, as the case may be, town in the third column of the Fourth Schedule and fourth column of the Eighth Schedule and District Government shall ordinarily notify such officials for conducting inspection functions:

            Provided further that the tehsil and town officers specified in the Fourth and Eighth Schedules, shall recommend the available officials of decentralized Public Health Engineering Department and Housing and Physical Planning Department for performing inspection functions in tehsil and town before additional requirements are requested from the District Government.

 

143.  Imposition of fine through ticketing.– (1) Where any person, in the opinion of an Inspector, is contravening any provision of the law relating to the offences specified in the Eighth Schedule, the Inspector shall charge the accused by issuing a ticket for payment of fine specified in the Ninth Schedule, if such offence has been committed for the first time in three months.

            (2)        The ticket referred to in sub-section (1), shall be issued in quadruplicate by delivering three copies to the accused after obtaining his signatures or thumb impression on the fourth copy to be retained by the Inspector for record.

            (3)        The payment of fine may be deposited in the assigned Post Office or a branch of the National Bank of Pakistan, empowered to receive local government dues by the respective local government to which the offence relates in the Eighth Schedule, or the designated local government accountant located in the area of jurisdiction of the Inspector issuing the ticket within the period of ten days from the date of imposition of fine for credit in a separate receipt head of account in the Public Account of the concerned local government:

            Provided that an accused may contest the imposition of fine in the Court within a period of ten days.

            (4)        The Bank or Post Office or the designated local government accountant of the respective local government receiving the fine, shall provide two copies of the ticket to the accused, with endorsement of receipt of amount of fine, and forward one copy to the concerned local Accounts Officer.

            (5)        The accused shall deliver one copy of duly paid ticket to the concerned Inspector within ten days.

            (6)        The fines imposed by a Court for the offences specified in the Fourth Schedule, shall, on collection, be deposited under a separate receipt head in the Public Account of the concerned local government.

 

144.  Performance bonuses for Inspectors, etc.– (1) The total amount collected on account of fines and penalties, including those imposed by the Court, shall be utilized as under:-

         (a)  twenty-five percent thereof shall be paid by the accountant of the respective local government as an incentive bonus to the Inspectors ratably according to the amount recovered against the fines imposed by each Inspector and as a result of prosecution or fines initiated by him:

                        Provided that such payments to the Inspector shall be included as an addition in the pay slip at the time of payment of pay of the month following the month in which the fines are realized;

            (b)   twenty-five percent thereof shall be set apart for improvement of the regulatory functions of the system of imposition of fines, including accounting, record-keeping, computerization, mobility, police functions and any other expenditure relating to adjudication procedure; and

         (c)  out of the remaining fifty percent thereof, expenditures shall be incurred on the compilation, printing, distribution and other incidentals required for the District Enforcement Gazette and the balance amount shall be transferred to the concerned Local Fund at the end of the financial year.

            (2)        The Principal Accounting Officers of the local governments, with the approval of the concerned Nazim, shall incur expenditure from the Public Account relating to the fines.

145.  Court proceedings for default in deposit of fine, etc.– (1) The officer designated to enforce offences in the Eighth Schedule, shall daily provide to the Court of competent jurisdiction, a scroll of all fine tickets issued by Inspectors under his administrative control which remain unpaid on the eleventh day from the issuance of such fine ticket.

            (2)        The Court of competent jurisdiction, receiving the scroll, shall issue summons to the accused forthwith stating date of hearing for summary trial in accordance with the provisions of sections 260 to 265 of the Code, except sub-section (2) of section 262 thereof.

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

            (4)        Upon the failure of the accused to appear before the Court in response to summons issued by it, the Court shall forthwith issue warrants for arrest of the accused and upon the issuance of such warrant the accused will be liable to punishment under clause (b) of sub-section (2) of section 141, with or without surety.

 

146.  Compounding of offences.– Subject to any other provision of this Ordinance, a committee comprising the concerned Nazim as its Chairman, an officer of the concerned Administration and a member of the Council to be nominated by the concerned Council as its members, may, at any time or after the commission of offence but before the conclusion of proceedings in the Court, compound any offence under this Ordinance:

            Provided that no case in respect of any offence pending adjudication before a Court shall be compounded except with the permission of the Court:

            Provided further that an offence shall not be compounded where the accused has been served a notice forbidding him from continuing with the violation or contravention of any provision of this Ordinance:

            Provided also that the accused shall be given an opportunity of being heard before passing an order or taking any action adverse to his interest.

 

146A.  Appeals, etc.– The decision and orders of the Court shall be appealable and subject to revision in accordance with the provisions of the Code.

146B.   Registers, monthly reports, etc.– (1) The Inspector shall maintain record of offences, in which tickets were issued, the cases which were not contested or contested before the Court, complaints were filed for prosecution, the recovery of fines, punishment awarded and similar ancillary matters in Register Numbers 1 to 12 given in Form-A of the Eleventh Schedule.

            (2)        The Inspector shall furnish monthly reports on the fifth day of each month regarding the enforcement activities within the area of his jurisdiction on the basis of entries of the Register maintained in Form-A to the concerned Nazim, District Coordination Officer and Accounts Officer through his officer in-charge in Form-B specified in the Eleventh Schedule.

            (3)        The officer in-charge of the police station, on the fifth day of each month, shall, through the Head of District Police, submit report in Form-C specified in the Eleventh Schedule in respect of cases registered in the police station on the complaint of an Inspector or a person authorized under this Ordinance and any warrants issued or arrests caused in pursuance thereof, and the punishments awarded in each case during the preceding month to the concerned Nazim and District Coordination Officer.

            (4)        The District Coordination Officer shall, on the basis of reports received by him under sub-sections (2) and (3), compile and cause publication of the monthly District Enforcement Gazette by twentieth day of each month.

 

146C.  Police support to Inspectors, etc.– In addition to the Police support which may be requested by an Inspector under the provisions of Article 34 of the Police Order, 2002 (Chief Executive’s Order No. 22 of 2002), a local government may requisition a Police contingent on deputation or payment of charges in accordance with Article 30 of the said Order.

 

146D.  General powers of Inspectors.– (1) In case of any serious threat to the public health, safety or welfare or danger to life and property, the Inspector may, in his area of jurisdiction, in addition to imposition of fine or initiating prosecution under this Ordinance,–

            (a)  suspend any work;

            (b)  seize the goods;

            (c)  seal the premises;

            (d) demolish or remove work; and

            (e)  issue directions for taking corrective measures in the time specified by him:

            Provided that no Inspector shall enter any residential premises save with the permission of the occupier or owner or Court.

            (2)        An Inspector authorized under section 142, shall have the powers in relation to the offences specified in the Fourth Schedule to–

            (a)  issue notices in writing on behalf of the respective local government, served either personally or through registered post with acknowledgement due or by any official of the local government, in order to restrain violations or commission of any offence forthwith;

            (b)  initiate legal proceedings in the competent Court where any person fails to comply with the directions contained in the notice issued under clause (a); and

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

 

146E.   Application of the Code.– The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, mutatis mutandis, apply to all proceedings under this Chapter particularly in matters relating to issuing of summons, warrants and other processes for securing attendance of the accused, bail, trial, appeals, revisions and execution of the decision of the Court.

 

147.  Rights of citizen not affected.– Nothing contained in this Chapter shall restrict or limit the right of the citizens or residents of a local area to bring any suit or other legal proceeding against any local government, its officers or other functionaries violating his rights available to him under any law for the time being in force or to claim damages or such remedy through a suit under the provisions of the Code of Civil Procedure, 1908 (Act V of 1908).]

 

Chapter XVII

Local Government Elections

[225][225][148.   Franchise.– (1) Members of a Union Council, including Union Nazim and Naib Union Nazim shall be elected through direct elections based on adult franchise and on the basis of joint electorate.

            (2)        The electoral college for the election of Zila Nazim and reserved seats of women, peasants and workers, and minorities in the Zila Council shall be all the members of Union Councils in the District, including Union Nazims and Naib Union Nazims.

            (3)        The electoral college for the election of a Tehsil Nazim, Town Nazim and reserved seats of women, peasants and workers, and minorities in the Tehsil Council and Town Council, shall be all the members of the Union Councils in the Tehsil or, as the case may be, Town, including Union Nazims and Naib Union Nazims:

            Provided that for the election for reserved seats for women in Zila Council proportionately divided among Tehsils or Towns, shall be all members of the Union Councils in a Tehsil or, as the case may be, Town.

            Explanation.– For the purpose of this section, all members of Union Councils, notified as returned candidates in the elections held under this Ordinance, shall be deemed to be members of the electoral college.]

 

149.  Manifesto.– (1) The candidates for the seat of a Zila Nazim, Tehsil Nazim and Town Nazim shall, before the election to such office, make public a manifesto containing the policies and programmes they propose to pursue and implement, if elected.

(2) The manifesto prepared under sub-section (1) shall be attached to the nomination papers.

 

[226][226][150.   Election Commission to conduct local government elections.– (1) The Election Commission shall conduct the local government elections.

            (2)       In this Ordinance, “Election Commission” means the Election Commission constituted under Article 218 of the Constitution of the Islamic Republic of Pakistan.]

 

[227][227][151.        Delimitation of electoral wards.– (1) The electoral ward for the election of a Zila Nazim, shall be a District, for a Tehsil Nazim, a Tehsil, for a Town Nazim, a Town, and for a Union Nazim and a Naib Union Nazim, a Union.

            (2)        The electoral ward for the election of a Naib Zila Nazim, Naib Tehsil Nazim and Naib Town Nazim shall be the respective Council.

            (3)        The Union shall be a multi-member ward for election of members of a Union Council.]

 

152.  Qualifications for candidates and elected members.– (1) A person shall qualify to be elected or to hold an elective office or membership of a local government, if he–

          (a)  is a citizen of Pakistan;

          (b)  is at least twenty-five years of age;

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

         (d)  is of good character and is not commonly known as one who violates Islamic injunctions; has adequate knowledge of Islamic teachings and practices, obligatory duties prescribed by Islam as well as abstains from major sins; provided that these qualifications shall not apply to a person who is a non-Muslim, but such a person shall have a good reputation;

          (e)  has academic qualifications of not less than matriculation or secondary school certificate or equivalent from a recognized institution, for contesting the election of a Nazim or a Naib Nazim;

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

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

         (h)  has not been dismissed, removed or compulsorily retired from public service on the grounds of moral turpitude;

           (i)  does not possess assets which are inconsistent with his declaration of assets or justifiable means, whether held in his own name or of the dependents or any other person or corporate body in whose name assets are held in trust or under any other formal or informal arrangement whereby the de-facto control of such assets including their sale, transfer or pecuniary interest, is retained by him;

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

          (k)  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;

           (l)  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;

        (m)  has not failed to file the required return of election expenses or is not convicted for exceeding the limits of election expenses prescribed under the electoral laws;

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

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

         (p)  does not absent himself without reasonable cause from three consecutive meetings of the council of which he is a member; provided that a member shall not be disqualified if the absence was necessitated by a national emergency or force majeure;

          (q)  does not fail to attend a training course as required under section 189 of this Ordinance;

              (r)   has not been and is not involved, in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society; and

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

            (2)        Whoever–

            (a)  is found by the [228][228][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 government for a period of four years; or

            (b)  having been elected as a member of a local government or is a holder of an elective office of the local government is found by the [229][229][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 government for a period of four years.

 

153.  Non-party elections.– Local government elections shall be held on non-party basis.

 

[230][230][154.   Elections of Nazims, etc.– (1) A candidate for the office of Zila Nazim and a Tehsil Nazim or a Town Nazim securing highest number of votes in their respective wards against other candidates, shall be declared elected.

            (2)        A Union Nazim and Naib Union Nazim as joint candidates, securing highest number of votes in their electoral ward against other joint candidates, shall be declared elected.]

 

155.    Allocation of reserved seats.– (1) Reserved seats for women in the Zila Council shall be divided among the tehsils and towns in the City District in proportion to the number of Unions in such tehsils or, as the case may be, towns.

            (2)        A tehsil and town in the City District shall be a multi-member ward for the reserved seats for women in the Zila Council, Tehsil Council and Town Council.

            (3)        A district shall be a multi-member ward for the reserved seats for peasants and workers, and minority population in the Zila Council.

 

156.  Election to vacant seats.– (1) If a seat of a member becomes vacant during the term of office of a Council, a new member shall be elected through by-election and the member elected in by-election shall hold office for the remaining term of the Council.

            (2)        If any seat reserved for women remains vacant, the same shall be filled through by-elections and the elected women member shall hold office for the remaining term of the Council.

            (3)        All by-elections [231][231][for the vacant seats of members of Councils] shall be held once a year on a date or dates fixed by the [232][232][Election Commission].

      [233][233][(3-A)        The period of one year referred to in sub-section (3) shall be computed from the date of assumption of office of the Council:

            Provided that in the year in which general elections for the National or Provincial Assemblies are to be held, the bye-elections may be held within eighteen months.]

            (4)        A vacancy of Union Nazim or Naib Union Nazim shall be filled through by-election within [234][234][, as far as practicable, one hundred and twenty] days of the occurrence of vacancy as provided in sub-section (1) of section 148.

      [235][235][(5)            A vacancy of Zila Nazim, Tehsil Nazim or Town Nazim, as the case may be, shall be filled through by-election within one hundred and twenty days of the occurrence of vacancy as provided in sub-sections (2) and (3) of section 148.]

            (6)        When the office of a Zila Nazim, Tehsil Nazim or Town Nazim falls vacant, the members of the concerned Council shall by a majority vote elect an officiating Nazim from amongst its members as provided in section 48 and 68 respectively, and the person so elected shall continue to retain his office as a member also:

            Provided that the officiating Nazim shall not be a candidate in the by-election held for election of the Nazim.

      [236][236][(7)            When the office of a Union Nazim or Naib Union Nazim falls vacant, the members of concerned Council shall, by a majority vote, elect an officiating Union Nazim or, as the case may be, Naib Union Nazim from amongst its members and the person so elected shall continue to retain his office as a member as well:

            Provided that the officiating Nazim or the Naib Nazim shall not be a candidate in the by-election to be held for the Union Nazim or, as the case may be, Naib Union Nazim.]

      [237][237][(8) A vacancy of Naib Zila Nazim, Naib Tehsil Nazim or Naib Town Nazim, as the case may be, shall be filled in within ten days from the date of occurrence of the vacancy.]

 

157.  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 on the first day of January of the year in which an election is to be held; and

         (c)  fulfills such other conditions as the [238][238][Election Commission] may specify.

            (2)        The electoral rolls for the local government elections shall be prepared by the [239][239][Election Commission] in the manner he 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.

 

[240][240][158.   Bar against Nazims for dual membership, etc..– [241][241][(1)] A Zila Nazim, Naib Zila Nazim, Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim, Union Nazim and Naib Union Nazim may contest election for any other political office after resigning from the office of Nazim or, as the case may be, Naib Nazim:

         Provided that a member of Zila Council, Tehsil Council, Town Council or Union Council may contest election for any other political office without resigning from the membership of such Council:

         Provided further that such member shall not hold more than one office at one time.]

      [242][242][(2)            Nothing in sub-section (1) shall apply to a Union Nazim or Naib Union Nazim, becoming members of the Zila Council or Tehsil Council, or the members elected against reserved seats in the Zila Council or Tehsil Council, or being elected as Naib Zila Nazim or, as the case may be, Naib Tehsil Nazim.]

 

[243][243][159.   Term of office.– The term of office of local governments in a district shall be four years commencing from the date of the notification of assumption of office by respective Councils.]

 

160.  Oath of office.– (1) The elected Nazims, Naib Nazims and members shall take oath before assuming the charge of their respective offices.

            (2)        A Zila Nazim, Naib Zila Nazim and the members of Zila Council shall be administered oath of office by the concerned District and Sessions Judge.

(3) A Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim and members of the Tehsil Council and Town Council shall be administered oath of office by an Additional District and Sessions Judge designated by the District and Sessions Judge of the concerned district.

            (4)        A Union Nazim, Union Naib Nazim and members of a Union Council shall be administered oath of office by a judicial officer designated by the District and Sessions Judge of the concerned district.

 

161.  Removals.– (1) Where proceedings of disqualification under section 152 have been initiated on an application made by any person or by the [244][244][Election Commission] on his own motion against a member, Nazim or Naib Nazim, the [245][245][Election Commission] or any authority authorised by it may issue a notice to show cause to a member, Nazim or, as the case may be, Naib Nazim, within a specified period as to why proceedings against him may not be taken for his removal for breach of any of the provisions of section 152.

            (2)        Where the [246][246][Election Commission] or an authority authorised by it is not satisfied with the reply to the notice to show cause referred to in sub-section (1) or any reply to the said notice is not filed within the period fixed by him, he may order for an enquiry in the matter and for that purpose appoint an enquiry officer.

(3) On the basis of enquiry held under sub-section (2), the [247][247][Election Commission] or an authority authorised by it may order the removal of a member, Nazim or, as the case may be, Naib Nazim:

            Provided that before an order of removal is passed, the 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.

 

162.  Resignations.– (1) A member of the Council may resign from his office by writing under his hand addressed to the Naib Nazim of the concerned Council, whereupon the resignation shall deem to be accepted and effective forthwith.

(2) Copies of all resignations shall be forwarded to the [248][248][Election Commission] and the Government.

            (3)        Notwithstanding the resignation of a member any proceeding for removal under section 161, if already initiated, shall not abate.

 

[249][249][163.   * * * * * * * * * * * *]

 

[250][250][164.   Notification of results.– The Election Commission shall notify every election, by-election and result of the election or by-election and resignation, removal or recall of a member, Nazim or Naib Nazim.]

 

165.  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 fifteen thousand rupees, or with both.

 

166.  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 retried from an election.

Explanation.– In this section, ‘gratification’ includes a gratification in money or estimable in money and all forms of entertainment or employment for reward.

 

167.  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.

 

168.  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.

 

169.  Illegal practice.– A person is guilty of illegal practice punishable with fine which may extend to two thousand rupees, if he–

         (a)  obtains or procures, or attempts to obtain or procure, the assistance of any officer or official of the Federal Government, a Provincial Government or a local government or authority to further or hinder the election of a candidate;

         (b)  votes or applies for a ballot paper for voting at an election knowing that he is not qualified for voting or is disqualified from voting.;

         (c)  votes or applies for a ballot paper for voting more than once at any polling station;

            (d)   removes a ballot paper or a ballot box from a polling station or destroys, damages or tampers with the ballot-box used at a polling station;

         (e)  knowingly induces or procures any person to do any of the aforesaid acts; or,

         (f)  fails to provide statement of election expenses as required under this Ordinance.

         (g)  makes or publishes a false statement–

                  (i)   concerning the personal character of a candidate or his relation calculated to adversely affect the election of such candidate or, for the purpose of promoting or procuring the election of another candidate, unless he proves that he had reasonable ground for believing, and did believe, the statement to be true;

                 (ii)   relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate; or

                (iii)   regarding the withdrawal of a candidate;

         (h) knowingly, in order to support or oppose a candidate, lets, lends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying voters to or from the polling station, except when a person conveys himself or any member of the household to which he belongs, to or from the polling station;

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

 

170.  Prohibition of canvassing.– A person is guilty of an offence punishable with fine which may extend to two thousand rupees, if he, on the polling day in connection with the election–

         (a)  convenes, calls or organises within a ward any meeting; or

         (b)  within a radius of two hundred meters of the polling station–

                   (i)  canvasses for votes;

                  (ii)  solicits vote of any voter;

                 (iii)  persuades any voter not to vote at the election or for a particular candidate; or

                 (iv)  exhibits, except with the permission of the returning officer and at a place reserved for the candidate or his polling agent beyond the radius of one hundred meters of the polling station, any notice, sign, banner or flag designed to encourage the voters to vote, or discourage the voters from voting, for any contesting candidate.

 

171.  Disorderly conduct near polling station.– A person is guilty of an offence punishable with imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both, if he–

         (a)  uses, in such manner as to be audible within the polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds; or

         (b)  persistently shouts in such manner as to be audible within the polling station; or

         (c)  does any act which–

                  (i)   disturbs or causes annoyance to any voter visiting a polling station for the purpose of voting; or           

                 (ii)   interferes with the performance of the duty of a presiding officer, polling officer or any other person performing any duty at a polling station; or

         (d) abets the doing of any of the aforesaid acts.

172.  Tampering with papers.– A person is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, if he–

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

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

         (c)  without due authority–

                  (i)  supplies any ballot paper to any person;

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

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

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

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

 

173.  Interference with the secrecy of voting.– A person is guilty of an offence punishable with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both, if he–

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

         (2)  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

         (3)  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.

 

174.  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 two 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.

175.  Conduct of officials.– A presiding officer, polling officer or any other officer or clerk 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 five thousand rupees, or with both, if he, during the conduct or management of an election or maintenance of order at the polling station–

         (a)  persuades any person to give his vote;

         (b)  dissuades any person from giving his vote;

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

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

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

         (f)  communicates, except for any purpose authorised by any law, to any person before the poll is closed any information as to the name or number on the electoral roll of any voter who has or has not applied for a ballot paper, or has or has not voted at a polling station; 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.

 

176.  Breach of official duty.– A presiding officer or any other person employed by any such officer in connection with his official duties imposed by or under this Ordinance, is guilty of an offence punishable with fine which may extend to five thousand rupees, if he, without reasonable cause, does or omits to do an act in breach of any official duty.

 

177.  Assistance by government servants.– A person in the service of the Federal Government, a Provincial Government, a local government, or a body owned or controlled by the Federal or a Provincial 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 five thousand rupees, or with both if he, in any manner, gives any assistance calculated to further or hinder the election of a candidate.

 

178.  Summary trial.– All offences under this Ordinance except the offences under sections 165 to 168 shall be tried summarily under the provisions of the Code of Criminal Procedure 1898 (Act V of 1898).

 

179.  Cognizance.– No court shall take cognizance of the offences under sections 175 and 176 except on the complaint in writing of the returning officer concerned.

[251][251][179-A.           Dissolution of local governments.– (1) This section shall have effect notwithstanding anything contained in this Ordinance or in any other law.

            (2)        For purposes of holding next elections to the local governments, all Zila Councils, Tehsil Councils, Town Councils and Union Councils shall stand dissolved with immediate effect.

            (3)        Consequent upon the dissolution of the Councils under sub-section (2), all Nazims, Naib Nazims and members of the Councils shall cease to hold their respective offices.

            (4)        The Government shall appoint a person as Administrator for a local government to perform the functions and exercise the powers of the Nazim, Naib Nazim and Council under the Ordinance or any other law.

            (5)        The Government may issue general or special directions to an Administrator in the performance of his functions or exercise of powers under sub-section (4).

      [252][252][(5a)          The Government may, subject to previous publication and by notification in the official Gazette, change the boundaries of a union, tehsil or town and such change shall take effect from the date of the notification.]

      [253][253][(6)            The Government may, by notification, designate an officer who shall initiate annual performance report in respect of a District Coordination Officer.]]

      [254][254][(7)            The Government may appoint an Ad hoc Accounts Committee for all local governments in a district.

            (8)        The Ad hoc Accounts Committee shall consist of the following members:-

            (a)  four members of the Provincial Assembly of the Punjab including at least one member from the Opposition in the Assembly; and

            (b)  three official members.

                (9)           The Government shall nominate members of an Ad hoc Accounts Committee and appoint Convener from amongst the members of the Committee.

      (10)   The Ad hoc Accounts Committee shall be deemed to be the Accounts Committee of the Zila Council, Tehsil/Town and Union Councils of the district for purposes of the Ordinance and the rules made thereunder and shall perform all the functions and exercise all the powers of the Accounts Committee of all the local governments in the district.

      (11)   An Administrator shall receive the audit reports of the local government and refer the audit reports for examination to the Ad hoc Accounts Committee of the district.

      [255][255][(12)          The Government shall, within two hundred and forty days, notify a date of holding of election of the local governments to the Election Commission.]

      (13)   This section shall remain in force till holding of the next election of the local governments in the Province and shall stand omitted on assumption of offices by the elected representatives of the local government.]

 

Chapter XVIII

Managing Transition

180.    Succession of the properties, assets and liabilities.– [256][256][(1)] Subject to section 123, on commencement of this Ordinance, the properties, assets and liabilities of the Local Councils, namely, Metropolitan Corporations, Municipal Corporations, District Councils, Municipal Committees, Town Committees, Union Councils under the Punjab Local Government Ordinance, 1979 (VI of 1979), shall be succeeded by the following local governments under this Ordinance–

         (a)  City District Government in the case of Metropolitan Corporation or Municipal Corporation in the concerned City District, as the case may be;

         (b)  District Government in the case of District Council;

         (c)  Tehsil Municipal Administration in the case of Municipal Corporations, Municipal Committees and Town Committees in the tehsil, as the case may be; and

         (d) Union Administration in the case of Union Councils:

Provided that the liabilities of the predecessor local governments shall be discharged in accordance with the existing arrangements:

            Provided further that the discharge of liabilities of the decentralised offices shall remain with the Government.

[257][257][(2)      The funds of a Metropolitan Corporation, Municipal Corporation, Zila Council, Municipal Committee, Town Committee and Union Council shall be transferred to a local government as its successor under sub-section (1).]

 

181.  First Nazims and Councils.– (1) The first local governments under this Ordinance shall be established on the 14th day of August, 2001.

            (2)        The Zila Nazims shall assume the office of the head of respective District Governments under this Ordinance on the 14th day of August, 2001, and the Government shall issue notification of the assumption of their offices.

            (3)        The Tehsil Nazims and Town Nazims shall assume the office of the head of Tehsil Municipal Administration and Town Municipal Administration, as the case may be, under this Ordinance on the 14th day of August, 2001, and the Government shall issue notification of the assumption of their offices.

            (4)        The Union Nazims shall assume the office of the head of the Union Administration under this Ordinance on the 14th day of August, 2001, and the Government shall issue notification of the assumption of their offices.

            (5)        The Government shall make arrangements of accommodation for the offices of the local governments and, as far as possible, for that purpose the existing infrastructure shall be utilized.

 

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

(2) All functionaries of the Metropolitan Corporations, Municipal Corporations, Zila Councils, Municipal Committees, Town Committees and Union Councils set up under the Punjab Local Government Ordinance, 1979 (VI of 1979), shall continue to perform their respective duties and responsibilities with the successor local government under this Ordinance, until transferred to any other local government.

            (3)        Subject to the provisions of sub-sections (1) and (2), the control of the development authorities, water and sanitation agencies and solid waste management bodies shall vest in the following local governments:-

Authority/Agency

Local Government

(a)   Development Authorities, Water and Sanitation Agencies or Boards, and Solid Waste Management Bodies;

City District Government

(b)   Development Authorities

District Government

(c)   Water and Sanitation Agencies/Boards and Solid Waste Management Bodies.

District Government

 

      [258][258][(4)            * * * * * * * * * * *]

(5) The Government shall, on the commencement of this Ordinance, decentralise administrative, financial and appellate powers of the divisional, regional and zonal officers to the Deputy District Officers, District Officers, Executive District Officers and District Coordination Officers, as the case may be.

            (6)        The District Governments shall appropriately re-organize the authorities, agencies and bodies referred to in sub-section (3) and decentralise such authorities, agencies and bodies to the Tehsil Municipal Administration or, as the case may be, Town Municipal Administration in accordance with section 52.

 

183.  Employees’ salaries not to be reduced on transfer, etc.– (1) On allocation, re-allocation or transfer of the employees of the Government, Metropolitan Corporations, Municipal Corporations, District Councils, Municipal Committees, Town Committees and Union Councils or any other authority, agency or body to any local government established under this Ordinance, the salaries, emoluments and pensions of such employees shall not be reduced 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 Local Government Ordinance, 1979 (VI of 1979) during the financial year 2001-2002 or till such time as Government may deem appropriate.

 

184.  Bar on recruitments.– (1) During the transition period specified in section 187 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 the local governments set up under this Ordinance, except with the express sanction of the Government.

(2) The Government shall make available the services of the employees placed in its surplus pool for utilization in the offices decentralised to the District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration.

(3) The local governments shall utilize the services of the employees of the Local Councils set up under the repealed Punjab Local Government Ordinance, 1979 (VI of 1979) for meeting the shortfall in the offices of the Zila Councils, Zila Nazims, Tehsil Councils, Tehsil Municipal Administrations, Town Councils, Town Municipal Administrations, Tehsil Nazims, Town Nazims and Union Administrations.

 

185.  Financial transition.– (1) All taxes, cesses, fees, rates, rents, tolls and charges which were being charged, levied and collected by any office of the Government, development authority, water and sanitation agency, board or solid waste management body or any Local Council, shall continue to be charged, levied and collected under this Ordinance by the successor local governments and every person liable to pay such taxes, cesses, fees, rates, rents, tolls, charges and accumulated arrears and receivables shall continue to make payment thereof until revised, withdrawn or varied under this Ordinance.

            (2)        Where any Local Council established under the repealed Local Government Ordinance, 1979 (VI of 1979), was receiving any grant or any compensation in lieu of octroi, toll tax, export tax, or any other tax, the successor local government under this Ordinance shall continue to receive such grant or compensation.

 

186.  Electoral Transition.– (1) Notwithstanding anything contained herein before, the first Zila Councils, Tehsil Councils, Town Councils and Union Councils constituted under this Ordinance shall be deemed to be validly constituted if sixty percent seats thereof are filled in the elections held under the Punjab Local Government Elections Ordinance, 2000 ( V of 2000).

      [259][259][(2)            Where local council has been validly constituted under sub-section (1), but seats of Nazim and Naib Nazim of the corresponding level have not been filled, the concerned council shall elect officiating Nazim and Naib Nazim from amongst its members until their seats are filled through bye-election.]

[260][260][(3)] In any local area in which this Ordinance is in force but a relevant local government is not validly constituted due to a natural calamity or conditions beyond human control, the Government, may empower any person or persons to perform all or any of the functions of that local government under this Ordinance till the elected government assumes the charge of the office.

 

187.  Transitional timeframe.– All actions required for giving effect to the provisions of this Ordinance and transition to the local government systems set up thereunder shall be completed by the 30th day of June, 2002.

 

Chapter XIX

Miscellaneous

188.  Complaint Cell.– Every District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall set up a complaint cell for redressal of grievances within the ambit of their responsibilities under this Ordinance.

 

189.  Training.– The Nazims, Naib Nazims and members of the Councils shall attend training courses for such periods and in such manner and at such places as may be prescribed by the Government from time to time.

 

190.  Appeals.– Any person aggrieved by any order passed by a local government or its functionaries, in pursuance of this Ordinance or the rules or bye-laws made thereunder may appeal to such authority, in such manner and within such period as may be prescribed.

 

191.  Rules.– (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the matters specified in Part-I of Fifth Schedule.

(3) The rules made under sub-section (1) shall be subject to previous publication in the official Gazette and shall meet the following considerations:-

            (a)  consistency with democratic decentralisation and subsidiarity;

            (b)  enhancement of welfare of the people;

            (c)  fairness and clarity; and

            (d) natural justice and due process of law.

192.  Bye-laws.– (1) A Zila Council, Tehsil Council, Town Council and Union Council may, in their ambit of responsibilities, make bye-laws to carry out the purposes of this Ordinance.

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

193.  Members and servants to be public servants.– All Nazims, Naib Nazims, members of the Councils, functionaries of the local government and every other person duly authorised to act on behalf of the local government shall be public servants within the meanings of section 21 of the Pakistan Penal Code (Act XLV of 1860).

[261][261][193-A.           Delegation of Powers.– A [262][262][Nazim may delegate any of his] powers, including financial powers under this Ordinance or rules or bye-laws to any of its officers, partly or fully, and subject to such restrictions or conditions as it may deem fit after approval by the Council concerned.]

194.  Action taken in good faith.– No suit, prosecution, or other legal proceedings shall lie against any public servant serving in local government for anything done in good faith under this Ordinance.

[263][263][195. General powers of local governments, etc.– Notwithstanding any specific provision of this Ordinance, every local government, Village Council and Neighbourhood Council shall perform their functions conferred by or under this Ordinance and in performance of their respective functions shall exercise such powers and follow such procedures as are enumerated in the Sixth Schedule.]

[264][264][195-A. Delegation of powers.– Government may, by notification, delegate any of its powers under this Ordinance, or the rules, to any officer subordinate to it, or under the control of a Local Government, subject to such conditions, if any, as may be specified in the order.]

196.  Repeals and Savings.– (1) On commencement of this Ordinance,–

            (i)         the Punjab Local Government Ordinance, 1979 (VI of 1979), shall be repealed;

           (ii)   the Punjab Local Government Elections Ordinance, 2000 (V of 2000), shall be repealed[265][265]; and

            (iii)       all Metropolitan Corporations, Municipal Corporations, District Councils, Municipal Committees, Town Committees and Union Councils created under the Punjab Local Government Ordinance, 1979 (VI of 1979) shall stand dissolved.

      [266][266][(2) Save as otherwise specifically provided, nothing in this Ordinance, or any repeal effected thereby, shall affect or be deemed to affect anything done, action taken, investigation or proceedings commenced, order, rule, regulation, appointment, conveyance, mortgage, deed, document or agreement made, fee levied, resolution passed, direction given, proceedings taken or instrument executed or issued, under or in pursuance of any law repealed or amended by this Ordinance and any such thing, action, investigation, proceedings, order, rule, regulation, appointment, conveyance, mortgage, deed, document, agreement, fee, resolution, direction, proceedings or instrument shall, if in force at the commencement of this Ordinance and not inconsistent with any of the provisions of this Ordinance, continue to be in force, and have effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed or issued under this Ordinance:

Provided that, until otherwise decided by Government, the Local Government Boards established under the Punjab Local Government Ordinance, 1979 (VI of 1979), for the administration of officers and officials of the Local Council Service shall continue to function.]

(3) Notwithstanding the repeal of Punjab Local Government Elections Ordinance, 2000 (V of 2000), all Nazims, Naib Nazims, and members of the local governments elected under the said Ordinance shall be deemed to have been elected under this Ordinance and shall continue to hold their respective offices till the completion of their terms, unless earlier removed, resigned or recalled under this Ordinance.

197.  Removal of difficulties.– The Government may, by order, provide for the removal of any difficulty which may arise in giving effect to the provisions of this Ordinance.

 

[267][267][198.   Amendment of Schedules.– The Government may, by notification in the official Gazette, amend or vary the fines specified in the Eighth Schedule or add or exclude any offence from the Fourth and Eighth Schedules.]

 

First Schedule

[See Sections 14 and 35]

Part-A

Decentralised Offices

               (i)   Civil Defence

              (ii)   Agriculture (Extension)

             (iii)   Livestock

             (iv)   On-Farm Water Management

              (v)   Soil Conservation

             (vi)   Soil Fertility

            (vii)   Fisheries

           (viii)   Forests (excluding Water Shed Management and Natural Forests/Guzara Forests, Protected Forests)

             (ix)   Labour

              (x)   Social Welfare

             (xi)   Sports and Culture

            (xii)   Cooperatives

           (xiii)   Boys Schools

           (xiv)   Girls Schools

            (xv)   Technical Education[268][268]

           (xvi)   [269][269][* * *]

          (xvii)   Sports

         (xviii)   Special Education

           (xix)   Accounts, (excluding District Accounts Offices)

            (xx)   Basic & Rural Health

           (xxi)   Child & Woman Health

          (xxii)   Population Welfare

         (xxiii)   Hospitals

         (xxiv)   Environment

          (xxv)   Executive Magistracy (excluding the trial functions)

         (xxvi)   [270][270][* * *]

        (xxvii)   Excise and Taxation

       (xxviii)   Housing, Urban Development and Physical Health Engineering Department

         (xxix)   Local Government & Rural Development

          (xxx)   District Roads and Buildings

         (xxxi)   Transport.

Part-B

Other Offices

               (i)   Coordination

              (ii)   Human Resource Management

             (iii)   Community Organization

             (iv)   Registration Office

              (v)   Enterprise and Investment Promotion

             (vi)   [271][271][* * *]

            (vii)   Planning & Development

           (viii)   Public Health

             (ix)   Information Technology Development

              (x)   Information Technology Promotion

             (xi)   Database

            (xii)   Literacy Campaigns

           (xiii)   Continuing Education

           (xiv)   Vocational Education

            (xv)   Energy (Micro energy development/generation projects for use at local community level)

           (xvi)   Finance & Budget

 

Part-C

Groups of Offices

               (i)   District Coordination: Coordination, Human Resource Management and Civil Defence.

              (ii)   Agriculture: Agriculture (Extension), Livestock, Farm Water Management, Soil Conservation, Soil Fertility, Fisheries, and Forests.

             (iii)   Community Development: Community Organization, Labour, Social Welfare, Sports and Culture, Cooperatives, and Registration office.

             (iv)   Education: Boys Schools, Girls Schools, Technical Education, [272][272][* * *] Sports (Education) [273][273][Literacy Campaign, Continuing Education and Vocational Education] and Special Education.

                   (v)    Finance and Planning: Finance & Budget, Planning & Development, Accounts, Enterprise and Investment Promotion [274][274][,] [275][275][Excise and Taxation, Information Technology Development, Information Technology Promotion and Database].

             (vi)   Health: Public Health, Basic & Rural Health, Child & Woman Health, Population Welfare, District and Tehsil (Hqrs.) hospitals.

                 (vii)    [276][276][* * *].

           (viii)   [277][277][* * *]

             (ix)   [278][278][* * *]

    [279][279][   * * * * * * * * * * *]

[280][280][(x)]  [281][281][* * *].

[282][282][(xi)]    Works and Services: [283][283]Spatial Planning and Development, District Roads and Buildings, Energy, Transport and Environment.

 

Part D

      Group of Offices                                        Offices

            (i)   Public Transport                    Public transportation and mass transit

                                                                  Passenger and freight transit terminals

                                                                  Traffic planning, engineering and parking

          (ii)   Enterprise and Investment  Industrial estates and Promotion          technological parks

                                                                  Cottage, small and medium sized enterprise promotion

                                                                  Investment promotion and protection

            (iii)      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 defence 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 centres.

                  (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 centres.

      [284][284][(q)   Fire fighting.]

[285][285][Second Schedule

[See Sections 39(b), 54(1), 54-a, 67(i), 67-a & 88(b)]

Part-I

I.       Zila Council.

          1.  Education tax [286][286][* * *].

          2.  Health tax [287][287][* * *].

          3.  Any other tax authorized by Government.

          4.  Local rate on lands assessable to land revenue.

          5.  Fees in respect of educational and health facilities established or maintained by the District Government.

          6.  Fees for licenses or permits and penalties or fines for violations.

          7.  Fees for specific services rendered by a District Government.

          8.  Collection charges for recovery of tax on behalf of the Government, Tehsil Municipal Administrations and Union Administrations as prescribed.

          9.  Toll on roads, bridges, ferries maintained by the District Government.

        10.  Rent for land, buildings, equipment, machinery and vehicles.

        11.  Fee for major industrial exhibitions and other public events organized by the District Government.

 

Part-II

II.     Zila Council in City District.

           1.  Education tax [288][288][* * *].

           2.  Health tax [289][289][* * *].

           3.  Any other tax authorized by Government.

           4.  Local rate on lands assessable to land revenue.

           5.  Fees in respect of educational and health facilities established or maintained by the City District Government.

           6.  Fees for licenses or permits and penalties or fines for violations.

           7.  Fees for specific services rendered by City District Government.

           8.  Toll on roads, bridges, ferries maintained by the City District Government.

           9.  Rent for land, buildings, equipment, machinery and vehicles.

         10.  Fee for major industrial exhibitions and other public events organized by the City District Government.

         11.  Fee on advertisement.

         12.  Collection charges for recovery of any tax on behalf of the Government, Town Municipal Administration, Union Administration or any statutory authority as prescribed.

            13.  Fee for approval of building plans, erection and re-erection of buildings.

         14.  Charges for execution and maintenance of works of public utility like lighting of public places, drainage, conservancy and water supply operated and maintained by City District Government.

[290][290][15.     Water conservancy charge at the rate of sixty thousand rupees per annum from the owner or occupant of a house or any other building, except an educational institution, having a swimming pool with a minimum surface area of two hundred and fifty square feet.]

 

Part-III

III.    Tehsil Council.

          1.  Local tax on services as prescribed.

          2.  Fee on sale of animals in cattle markets.

          3.  Market fees.

          4.  Tax on the transfer of immovable property.

          5.  Property tax rate as specified in section 117.

              6.  Fee on advertisement other than on radio, television and bill boards.

          7.  Fee for fairs, agricultural shows, cattle fairs, industrial exhibition, tournaments and other public events.

          8.  Fee for approval of building plans and erection and re-erection of buildings.

          9.  Fee for licenses or permits and penalties or fines for violations.

            10.  Charges for development, betterment, improvement and maintenance of works of public utility like lighting of public places, drainage, conservancy and water supply by Tehsil Municipal Administration.

        11.  Fee on cinemas, dramatical and theatrical shows, and tickets thereof, and other entertainments.

        12.  Collection charges for recovery of any tax on behalf of the Government, District Government, Union Administration or any statutory authority as prescribed.

        13.  Rent for land, buildings, equipment, machinery and vehicles.

            14.  Fee for specific services rendered by a Tehsil Municipal Administration.

        15.  Tax on vehicles other than motor vehicles registered in the tehsil.

 

Part-IV

IV.    Town Council

          1.  Local tax on services as prescribed.

          2.  Fees on sale of animals in cattle markets.

          3.  Market fees.

          4.  Tax on transfer of immovable property.

          5.  Fees for fairs, agricultural shows, cattle fairs, tournaments, industrial exhibitions and other public events organized by the Town Municipal Administration.

          6.  Fees for licenses or permits and penalties or fines for violations.

          7.  Collection charges for recovery of any tax on behalf of the Government, City District Government, Union Administration or any statutory authority as prescribed.

          8.  Fees on cinemas, dramatical and theatrical shows, and tickets thereof, and other entertainments.

          9.  Rent for land, buildings, equipment, machinery and vehicles.

        10.  Fees for specific services rendered by a Town Municipal Administration.

        11.  Property tax rate as specified in section 117.

        12.  Tax on vehicles other than motor vehicles registered in the town.

[291][291][13.     Fee for approval of building plans, erection and re-erection of buildings with the approval of the City District Government.]

 

Part-V

V.     Union Council.

          1.  Fees for licensing of professions and vocations as prescribed.

          2.  Fees for registration and certification of birth, marriages and deaths.

          3.  Charges for specific services rendered by the Union Council.

          4.  Rate for remuneration of Village and Neighbourhood guards.

          5.  Rate for the execution or maintenance of any work of public utility like lighting of public places, drainage, conservancy and water supply operated by Union Administration.

          6.  Rent for land, buildings, equipment, machinery and vehicles.

          7.  Collection charges for recovery of any tax on behalf of the Government, District Government, Tehsil Administration or any statutory authority as prescribed.]

 

Third Schedule

[See Section 134(6)]

Organisation, Duties and Powers of Zila Mohtasib

1.         Selection:

      (1)  The Government shall constitute a selection committee comprising the following three members:-

              (i) a Judge of the High Court nominated by the Chief Justice of the Lahore High Court, Lahore;

              (ii) a member of the Punjab Public Service Commission;

[292][292][(iii)     the Additional Chief Secretary].

      (2)  The selection committee shall advertise the post specifying the qualifications and experience for the appointment of Mohtasib.

      (3)  A person selected by the selection committee to be a Zila Mohtasib shall be appointed through a notification by the Zila Council.

      (4)  The Mohtasib shall take oath before the Zila Council.

 

2.         Mohtasib not to hold any other office of profit, etc.

            The Mohtasib shall not hold any other office of profit in the service of Pakistan; or, occupy any other position carrying the right to remuneration for rendering of services.

 

3.         Terms and conditions of service:

      (1)  The Mohtasib shall be entitled to such salary, allowances and privileges and other terms and conditions of service as the Government may determine.

      (2)  The Mohtasib shall not be governed by the Civil Servants (Efficiency & Discipline) Rules.

      (3)  The Mohtasib may be removed from office by the Zila Council on ground of physical or mental incapacity only.

      (4)  A Mohtasib removed from office on the ground under sub-section (3) shall not be eligible to hold any office of profit in the service of local government in the district.

 

4.         Jurisdiction, functions, and powers of the Mohtasib.

      (1)  The Zila Mohtasib shall, on a complaint by any aggrieved person or of his own motion, undertake any investigation into any allegation of mal-administration on the part of any office of local government or any of its officers or employees.

      (2)  The Zila Mohtasib shall, on a complaint by an official employed at any level of local government, undertake investigation into allegation of an unlawful or motivated order passed by a Nazim, Naib Nazim or any superior or supervisory officer:

                        Provided that the Mohtasib shall not have any jurisdiction to investigate or inquire into any matter which–

      (3)  is sub-judice before a court of competent jurisdiction or tribunal or board in Pakistan on the date of the receipt of a complaint, reference or motion by him; or,

      (4)  relates to any matter outside the purview of the local government.

      (5)  Notwithstanding anything contained in sub-clause (1), the Mohtasib shall not accept for investigation any complaint by or on behalf of a public servant or functionary concerning any matter relating to the department in which he is, or has been, working in respect of any personal grievance relating to his service therein.

 

5.         Procedure and Evidence.

        (1) A complaint shall be made on solemn affirmation in writing addressed to the Zila Mohtasib by the person aggrieved or, in the case of his death, by his legal representative.

        (2) No anonymous or pseudonymous complaints shall be entertained.

        (3) A complaint shall be made not later than six months from the date on which the person aggrieved first had the notice of the matter alleged in the complaint, but the Mohtasib may conduct any investigation pursuant to a complaint which is not within time if he considers that there are special circumstances which make it proper for him to do so.

        (4) On acceptance of a complaint, the Mohtasib shall issue to the Executive District Officer of the office concerned, and any other person who is alleged in the complaint, a notice to rebut or redress the complaint:

                        Provided that the Mohtasib may proceed with the investigation if no response to the notice is received within thirty days of the receipt of the notice or, extension as may be allowed by the Mohtasib.

        (5) The Mohtasib may adopt any lawful procedure he considers appropriate for investigation.

        (6) A person shall be entitled to appear in person or be represented before the Mohtasib.

        (7) The conduct of an investigation shall not affect any action taken by the department concerned, or any power or duty of that department to take further action with respect to any matter subject to the investigation.

        (8) For the purposes of an investigation, the Mohtasib may require any officer or member of the office concerned to furnish any information or to produce any document, which is considered relevant and helpful in the investigation:

                        Provided that the Mohtasib may, in his discretion, on grounds of its being a secret, allow claim of privilege with respect to any information or document.

        (9) In any case where the Mohtasib decides not to conduct an investigation, he shall send to the complainant a statement of his reasons for not conducting the investigation.

      (10) The Mohtasib shall regulate the procedure for the conduct of business or the exercise of powers subject to this Ordinance.

 

6.         Recommendations for implementation:

        (1)   After having considered a matter, on his own motion, or on a complaint or on a reference by the Zila Nazim, the Zila council, or on a motion by the District Judge, as the case may be, if the Mohtasib determines that it amounts to mal-administration, he shall specify a corrective/redressal measure and communicate his recommendation to the office concerned along with a copy to the complainant or the office making a reference to:

            (a)  consider the matter further,

            (b)  modify or cancel the decision, process or recommendation,

            (c)  explain more carefully the act or decision in question,

            (d) take disciplinary action against any public servant of any office under the relevant laws applicable to him,

            (e)  dispose of the matter or case within a specified time,

            (f)  implement his recommendations to improve the working and efficiency of the office, within a specified time; or

            (g)  take any other step as deemed appropriate by the Mohtasib.

      (2)  The office concerned shall, within such time as may be specified by the Mohtasib, inform him about the implementation of his recommendations or the reasons for not complying with the same.

 

7.         Non-compliance of recommendation:

      (1)  In case of ‘Non-compliance’ of his recommendations, the Mohtasib may refer the matter to the Zila Nazim who shall direct the office concerned to implement the Mohtasib’s recommendations within the specified time limit and inform the Mohtasib accordingly.

      (2)  In case the Zila Nazim believes that implementation of the Mohtasib’s recommendation is not in the public interest, he shall refer the matter to the Mohtasib for reconsideration stating the reasons for non-implementation.

      (3)  If the Mohtasib reaffirms his earlier recommendation, the Zila Nazim may refer the matter to the Chairman, Local Government Commission stating the grounds for not implementing the Mohtasib’s recommendation in a particular case.

      (4)  The Chairman, Local Government Commission’s decision on a reference by Zila Nazim under sub-section (3), shall be final.

 

8.         Punitive action on reference by Mohtasib:

      (1)  Where the Mohtasib is satisfied that any public servant is guilty of mal-administration, he may also recommend initiation of disciplinary action against the concerned official.

      (2)  In case the Mohtasib has reason to believe that any public servant has committed an offence, he may ask the concerned authority to institute criminal proceedings against such official.

 

9.         Powers of the Mohtasib:

      (1)  The Mohtasib shall, for the purposes of this Ordinance, 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 the attendance of any person and examining him on oath;

            (b)  compelling the production of documents;

            (c)  receiving evidence on affidavits; and

            (d) issuing commission for the examination of witnesses.

      (2)  The Mohtasib shall have the power to require any person to furnish information on such points or matters as, in the opinion of the Mohtasib, may be useful for, or relevant to, the subject matter of any inspection or investigation.

      (3)  The powers referred to in sub-clause (1) may be exercised by the Mohtasib or any person authorised in writing by the Mohtasib.

      (4)  Where the Mohtasib finds a complaint or reference to be false, frivolous, vexatious or mala fide, he may award reasonable compensation to the office, public servant or other functionary against whom the complaint was made; and the amount of such compensation shall be recoverable from the complainant as arrears of land revenue:

                        Provided that the award of compensation under this clause shall not debar the aggrieved person from seeking civil and criminal remedy.

      (5)  If any office, public servant or other functionary fails to comply with a direction of the Mohtasib, he may, in addition to taking other actions under this Ordinance, refer the matter to the appropriate authority for taking disciplinary action against the person who disregarded the direction of the Mohtasib.

 

10.       Power to inspect:

      Subject to the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), the Mohtasib or any official authorised by him may:

      (1)  inspect any article, book of accounts or other documents;

      (2)  take extract or copies of such books of accounts and documents;

      (3)  impound or seal any articles, books of accounts and documents.

 

11.       Award of costs, compensation and refunds of amounts:

      The Mohtasib may, where he deems necessary, call upon a public servant, or any office to show cause why compensation be not awarded to an aggrieved party for any loss or damage suffered by him on account of any mal-administration committed by such public servant or office, and after hearing such public servant or office, may award reasonable costs or compensation to the aggrieved person from the public servant or office or may withdraw the show cause notice.

 

12.       Assistance and advice to Mohtasib:

      (1)  The Local Government and its officials shall provide assistance to the Mohtasib in the performance of his functions under this Ordinance.

      (2)  All officers of any office and any person whose assistance has been sought by the Mohtasib in the performance of his functions shall render such assistance to the extent it is within their power or capacity.

      (3)  No statement made by a person or authority in the course of giving evidence before the Mohtasib or his staff shall subject him to, or be used against him in any civil or criminal proceedings except for prosecution of such person for giving false evidence.

 

13.       Conduct of business:

      (1)  The Mohtasib shall be the executive head of his office.

      (2)  The district government shall provide budgetary allocation for the office of the Mohtasib.

      (3)  The Mohtasib shall be the Principal Accounting Officer of the office in respect of the expenditure incurred against budget grant or grants controlled by the Mohtasib and shall, for this purpose, exercise all the financial and administrative powers delegated to the District Coordination Officer.

 

14.       Affidavits:

      The Mohtasib may require any complainant or any party connected or concerned with a complaint or with any inquiry or reference, to submit affidavit attested or notarised before any competent authority in that behalf within the time specified by the Mohtasib or his staff.

 

15.       Mohtasib and staff to be public servants:

      The Mohtasib, the employees, officers and all other staff of the office shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

 

16.       Annual and other reports:

      (1)  Within three months of conclusion of the calendar year to which the report pertains, the Mohtasib shall present an annual report to the Zila council stating the objectives achieved during a year including the relief provided to the complainants having grievance against maladministration by the district government, and to the Tehsil/Town Council, in relation to redressal of grievances in respect of maladministration by Tehsil/Town or Union Municipal Administration.

      (2)  Simultaneously, reports referred to in sub-section (1) shall be released for publication and copies thereof shall be provided to the public at reasonable cost.

      (3)  The Mohtasib may also, from time to time, make public any of his studies, research, conclusions, recommendations, ideas or suggestions in respect of any matter being dealt with by the office.

 

17.       Bar of jurisdiction:

      No court or other authority shall have jurisdiction to grant an injunction or stay or to make any interim order in relation to any proceeding sub-judice before the Mohtasib.

 

18.       Limited immunity:

      No suit, prosecution or other legal proceeding shall lie against the Mohtasib, his staff, nominees, or any person authorised by the Mohtasib for any action or decision taken in good faith to carry out his duties and responsibilities.

 

19.       Informal resolution of disputes:

      Notwithstanding anything contained in this Ordinance, the Mohtasib and a member of the staff shall have the authority to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint or issuing any official notice.

 

[293][293][Fourth Schedule

[See Sections 141, 142, 143 and 147]

List of Offences with Enforcement Jurisdiction

requiring Court Trial

PART-I

S.No.

Offence

Responsibility of Enforcement

A.         ALL LOCAL GOVERNMENTS

1.

Overcharging or illegally charging any tax, fee, fine, charge or rate by an employee of a local government or a contractor or his staff without the authority of a local government.

[294][294][District Coordination Officer] for Part-I and Part-II of the Second Schedule.

Tehsil/Town Officer (Finance) for Part-III and Part-IV of the Second Schedule.

Secretary Union Administration for Part-V of the Second Schedule.

Officers mentioned against each offence in the Eighth Schedule.

 

2.

Preparing or using counterfeit or proscribed Forms of the local government.

 

Executive District Officer (Finance).

Tehsil/Town Officer (Finance).

Secretary Union Administration.

 

3.

Wilfully obstructing any officer or servant of a local government or any person authorized to exercise power conferred under this Ordinance.

Executive District Officer concerned.

Tehsil/Town Officer (Municipal Regulations).

Secretary Union Administration.

Officer mentioned against each offence in the Eighth Schedule.

 

4.

Failure to deliver back possession of property to the local government on cancellation and expiration of lease.