Updated: Friday March 26, 2021/AlJumaa Sha'ban 13, 1442/Sukravara Chaitra 05, 1943, at 04:55:25 AM
[1][1]The
(Act XIII of 2019)
[4 May 2019]
An Act to reconstitute local governments in
the
Whereas
it is expedient to reconstitute local governments in the
Be
it enacted by Provincial Assembly of the
PART 1
PRELIMINARY
Chapter I – Applicability and Interpretation
1. Short title, extent and commencement.– (1) This Act may be called the Punjab Local Government Act, 2019.
(2) It shall extend to the whole of the Punjab other than the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), in relation to the matters covered there under and such other areas under active possession and direct control of the Armed Forces of Pakistan that may be notified by the Government for this purpose.
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or context:---
(a) ‘Act’ means the Punjab Local Government Act, 2019;
(b) ‘administration’ means the part of a local government comprising Chief Officer, other officers and servants of the local government;
(c)
‘Auditor General’ means the Auditor General of
(d) ‘authorized auditor’ means any commercial auditor other than the Auditor General authorized by the Government to undertake extra-ordinary audit of a local government under section 195 of this Act;
(e) ‘Board’ means the Punjab Local Government Board continued under section 298 of this Act;
(f) ‘Cabinet’ means the Cabinet of Ministers, with the Chief Minister as its head as mentioned in Article 130 of the Constitution;
(g) ‘candidate’ means a candidate for election under this Act;
(h) ‘cantonment’ means a place or places declared and notified as cantonment under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002) by the Government of Pakistan;
(i) ‘census’ means population and housing census taken by the Government of Pakistan under the Census Ordinance, 1959 (X of 1959);
(j)
‘Chief Minister’ means the Chief Minister of the
(k) ‘Chief Officer’ means an officer of the local government who is the head of the respective administration and includes a Chief Corporation Officer who shall be the head of the administration of a Metropolitan Corporation;
(l) ‘circumstances of emergency’ mean circumstances imminently endangering public health, safety, loss of life or significant or large scale harm to property and require an immediate action;
(m) ‘Collector’ means a Revenue Officer appointed under section 7 of the Punjab Land Revenue Act, 1967 (XVII of 1967);
(n) ‘Commission’ means the Punjab Local Government Commission constituted under section 237 of this Act;
(o) ‘committee’ means a committee of the council constituted under section 68 of this Act;
(p) ‘consolidated fund’ means Provincial Consolidated Fund within the meanings of Article 118 of the Constitution;
(q) ‘constituting local government’ means a local government constituting a joint authority established under section 30 of this Act;
(r) ‘Constitution’ means the Constitution of the Islamic Republic of Pakistan.
(s) ‘Convenor’ means the convenor of the council and in relation to the holding of a meeting of the council, shall also include a councillor or any other person presiding over the meeting in his absence;
(t) ‘corrupt practice’ means involvement of a head of the local government, convenor, councillor, officer or servant of a local government in corruption and includes any of the following:
(i) coercive practice by impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence the actions of a party to achieve a wrongful gain or to cause a wrongful loss to another party;
(ii) collusive practice by arrangement between two or more parties to the procurement process or contract execution, designed to achieve with or without the knowledge of the procuring agency to establish prices at artificial, non-competitive levels for any wrongful gain;
(iii) offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the acts of another party for wrongful gain;
(iv) any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
(v) obstructive practice by harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract or deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements before investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or acts intended to materially impede the exercise of inspection and audit process.
(u) ‘corruption’ by a head of the local government, convenor, councillor or an officer or servant of a local government or any other person acting under this Act means:---
(i) accepting, obtaining or offering any gratification or valuable thing, directly or indirectly, other than the legal remuneration, as a reward for doing or for bearing to do any official act; or
(ii) dishonestly or fraudulently misappropriating, or indulging in embezzlement or misuse of property or resources of a local government; or
(iii) possession of pecuniary sources or property by himself or any of his dependents or any other person, through him or on his behalf, which cannot be accounted for and which are disproportionate to his known sources of income; or
(iv) maintaining standard of living beyond known sources of income; or
(v) having a reputation of being corrupt; or
(vi) entering into plea bargain under any law for the time being in force and return the assets or gains acquired through corruption or corrupt practices, voluntarily;
(v) ‘Council’ means the council comprising the convenor and other councillors of a local government;
(w) ‘councillor’ means a councillor of the council and includes a convenor;
(x) ‘defunct local government’ means a local government dissolved under section 3 of this Act;
(y)
‘Director Local Fund Audit’ means the Director of Local Fund Audit
Department,
(z) ‘district’ means a District notified under section 5 of the Punjab Land Revenue Act, 1967 (XVII of 1967);
(aa) ‘Election Commission’ means the Election Commission of Pakistan established under Article 218 of the Constitution;
(bb) ‘electoral group’ means two or more candidates, not being the candidates of a political party, or two or more political parties, who contest elections under this Act on a joint slate for a shared concern for public purpose in relation to the affairs of a local government and are registered as such with the Election Commission;
(cc) ‘electoral officer’ means an officer appointed for an election under this Act and includes Presiding Officer, Polling Officer and Assistant Polling Officer;
(dd) ‘electoral roll’ means a roll of all eligible voters in an electoral unit prepared under section 87 of this Act;
(ee) ‘electoral unit’ means electoral unit constituted for an election under section 84 of this Act;
(ff) ‘estimate of receipts and expenditure’ means the estimate of expected receipts and expenditure of a local government for a given financial year, and as the case may be, shall include the estimate of receipts and expenditure of constituent offices, entities and agencies of that local government;
(gg) ‘Finance Commission’ means the Punjab Local Government Finance Commission constituted under section 174 of this Act;
(hh) ‘financial year’ means the year commencing on the first day of July and ending on the thirtieth day of June;
(ii) ‘government agency’ means an office or entity of the government;
(jj)
‘Government’ means the Government of the
(kk) ‘head’s cabinet’ means the cabinet of the head of the local government referred to in section 19 of this Act;
(ll) ‘head of the local government’ means the head of the local government and includes:
(i) a Lord Mayor of a Metropolitan Corporation;
(ii) a Mayor of a Municipal Corporation, Municipal Committee or a Town Committee; and
(iii) a Chairperson of Tehsil Council
(mm) ‘High Court’ means the Lahore High
Court,
(nn) ‘Inspector General’ means the Inspector General of the Inspectorate;
(oo) ‘Inspectorate’ means the Inspectorate of Local Government constituted under section 207 of this Act;
(pp) ‘joint authority’ means a joint authority established under section 30 of this Act;
(qq) ‘local area’ means the jurisdiction of a local government determined under section 8 of this Act;
(rr) ‘Local Council Service’ means the Local Council Service comprising servants of the local governments constituted under section 297 of this Act;
(ss) ‘local government’ means a local government constituted under subsection (2) of section 3 of this Act;
(tt) ‘Metropolitan’ means a local area of a Metropolitan Corporation;
(uu) ‘Minister’ means the Minister as defined in the Punjab Government Rules of Business, 2011 or any other similar law for the time being in force, and where no department has been mentioned with the Minister, it shall mean the Minister in charge of the Local Government and Community Development Department;
(vv) ‘Municipality’ means the local area of a Municipal Corporation or, as the case may be, a Municipal Committee;
(ww) ‘Neighbourhood Council’ means a neighbourhood council constituted under the Punjab Village Panchayat and Neighbourhood Councils Act, 2019;
(xx) ‘officer’ in relation to an officer of a local government shall mean to include a Chief Officer;
(yy) ‘official Gazette’ means the official Gazette of the Government;
(zz) ‘Operating Officer’ means the operating officer of a joint authority appointed under section 33 of this Act;
(aaa) ‘Panchayat’ means a Panchayat constituted under the Punjab Village Panchayat and Neighbourhood Councils Act, 2019;
(bbb) ‘peasant’ means a landless farm worker or a person engaged in subsistence agriculture from not more than five acres of agricultural land whose annual income does not exceed such limit as the Government may from time to time determine having regards to the prevailing poverty line;
(ccc) ‘political party’ means a political party within the meanings of the Election Act, 2017 (XXXIII of 2017) or any other relevant law for the time being in force;
(ddd) ‘prescribed’ means prescribed by rules made under this Act;
(eee) ‘prescribed service’ means the Local Government Service, Pakistan Administrative Service constituted under Article 240 of the Constitution and Provincial Management Service constituted under the Punjab Provincial Management Service Rules, 2004 whether called by this or any other title;
(fff) ‘province’ means
the province of the
(ggg) ‘provincial allocable amount’ means sums set aside out of the provincial consolidated fund under section 185 of this Act as a share for transfer to one or more local governments and panchayats and neighbourhood councils under section 186 of this Act.
(hhh) ‘Provincial Assembly’ means the
Provincial Assembly of the
(iii) ‘public service’ means a service provided by a local government in relation to its functions for the residents;
(jjj) ‘Punjab’
means the province of the
(kkk) ‘recognized institution’ means an educational institution recognized by the Higher Education Commission established under the Higher Education Commission Ordinance, 2002 or any other similar agency mandated for this purpose under any other relevant law;
(lll) ‘regulations’ means the regulations issued under section 311 of this Act;
(mmm) ‘resident’ means a person who ordinarily resides in the local area of a local government, and where relevant as regards the functions of a joint authority, includes persons from outside that area who regularly use facilities or services provided by that joint authority.
(nnn) ‘Rules’ means the rules made under this Act;
(ooo) ‘Secretary’ means the Secretary as defined in the Punjab Government Rules of Business, 2011 or any other similar law, and where no department has been mentioned with the Secretary, it shall mean the Secretary in charge of the Local Government and Community Development Department;
(ppp) ‘servant of local government’ means an employee of the local government appointed or continued under section 297 of this Act;
(qqq) ‘standing instructions’ mean the standing instructions issued under section 311 of this Act;
(rrr) ‘sub-committee’ means the sub-committee of a committee of the council appointed under section 68 of this Act;
(sss) ‘tehsil’ means an area notified as Tehsil under the Punjab Land Revenue Act, 1967 (XVII of 1967);
(ttt) ‘town’ means the local area of a Town Committee;
(uuu) ‘urban local area’ means a Metropolitan, Municipality or a Town; and
(vvv) ‘worker’ means a person who primarily depends upon personal labour or a small scale business for subsistence, a worker as defined in the Industrial Relations Ordinance, 2002 (Ordinance XCI of 2002) and in both cases, his annual income does not exceed such limit as the Government may from time to time determine having regards to the prevailing poverty line.
Chapter II – Succeeding Local Governments and their General Responsibility
3. Dissolution of existing local governments.– (1) All local governments constituted or continued under the Punjab Local Government Act, 2013 (Act XVIII of 2013) are hereby dissolved.
(2) As soon as may be but not later than one year of the commencement of this Act, the Government shall constitute succeeding local governments in accordance with the provisions of section 15 of this Act. (Supreme Court of Pakistan has held this section ultra vires of the Constitution of Islamic Republic of Pakistan, 1973 – all the defunct institutions are restored)
4. Succession of the defunct local governments.– (1) Subject to subsection (3) below, each local government shall succeed:---
(a) such property of a defunct local government located within the limits of its local area which, in view of the Government, is required by it for the due discharge of any function under this Act;
(b) such officers and servants of a defunct local government who, in the view of the Government, are required by it for the discharge of any function under this Act; and
(c) such rights, fund, claim or liability or portion thereof which, in the view of the Government, was respectively raised, made or accrued by a defunct local government in relation to areas comprising its local area.
(2) Subject to subsection (3) below, the Government shall, having regards to the circumstances appertaining to each case, determine the share of a local government where:---
(a) any property of a defunct local government is required by two or more local governments for the discharge of a function under this Act;
(b) any officer or servant of a defunct local government is required by two or more local governments for the discharge of a function under this Act; and
(c) any fund, claim or liability or portion thereof which was respectively raised, made or accrued by a defunct local government in relation to areas comprising the local areas of two or more local governments.
(3) No local government shall, unless otherwise provided by the Government, succeed to any property, right, fund, claim or liability or portion thereof of a defunct local government which does not pertain to a function assigned to it under this Act.
(4) All properties, rights, funds, claims and liabilities of a defunct local government which pertain to a function not assigned to any local government under this Act shall be succeeded to by the Government.
(5) The Government shall, by a general or special order, provide for the manner of succession and discharge of liabilities, if any, of a defunct local government.
(6) The Government shall assign all properties, rights, funds, claims or liabilities among local governments under this section and all disputes relating to this matter shall be referred to and decided by it and such decision shall be final.
Explanation: For the purpose of this section, the term ‘property’ shall include any land, building, office, wok, facility, amenity, vehicle, equipment, plant, store or apparatus.
5. General authority and responsibility of a local government.– (1) Subject to and to the extent given under this Act, every local government shall have the authority to run the affairs of respective local area without improper interference.
(2) A local government shall, having regard to the practical considerations:-
(a) exercise its authority and incur expenditure in the best interests of the residents without any favour or prejudice in a democratic and accountable manner;
(b) involve all residents in running its affairs and from time to time consult them on the level, quality, range and impact of services;
(c) provide services in financially and environmentally sustainable manner;
(d) give equitable access to services; and
(e) promote and undertake development in the respective local area.
(3) Every resident shall have the right to:
(a) contribute to the running of the affairs of respective local government in accordance with this Act;
(b) receive prompt response to his written or oral communication, including any complaint, to a local government;
(c) be informed of the decisions of the local government affecting his rights, property and reasonable expectations;
(d) regular disclosure of the state of affairs of the respective local government, including its finances;
(e) demand that affairs of the respective local government are conducted impartially and without prejudice and are untainted by personal self-interest; and
(f) use and enjoyment of facilities and services provided by the local government.
(4) Every resident shall, where applicable, pay promptly toll, tax, fee, rates or other charges imposed by the local government, allow officers and servants of the local government reasonable access to his property in relation to the performance of their duties, and comply with lawful bye-laws or instruction of the local government applicable to him.
6. Local governments to work within the Provincial framework.– (1) Every local government shall function within the framework of the province and adhere to all applicable federal and provincial laws.
(2) No local government shall do anything or act in a manner that impedes or is otherwise prejudicial to the exercise of executive authority of the Government.
(3) The Government may require a local government to take such measures, or not to act or do anything, or to run its affairs, or to incur expenditure in a manner as is likely to further the objectives of section 5 of this Act.
7. Certain matters to be prescribed.– Wherever this Act requires anything to be done but does not make any provision or sufficient provision as to the authority by whom it shall be done, or the manner in which it shall be done, then it shall be done by such authority and in such manner as may be prescribed.
PART 2
CONSTITUTION AND FUNCTIONING OF LOCAL GOVERNMENTS
Chapter III – Local Areas
8. Demarcation of local areas.– (1) As soon as may be, but not later than six months of the commencement of this Act, the Government shall by an order published in the official Gazette:-
(a) divide all areas comprising the Punjab, except the areas excluded under sub-section (2) of section 1, into urban and rural local areas;
(b) identify the limits of each local area;
(c) having regards to the provisions of section 9 of this Act, classify each urban local area; and
(d) name each local area.
(2) All areas comprising a Tehsil, excluding areas notified as cantonments and urban local areas, shall be the local area of that Tehsil.
(3) As far as may be, each local area shall be compact, contiguous and constitute a territorial unity.
(4) Each local area shall constitute territorial jurisdiction of the respective local government.
9. Classification of urban local areas.– (1) An area which displays distinct urban features may either be classified as a Metropolitan, Municipality or a Town.
(2) There
shall be following nine Metropolitans in the
(a) areas comprising the cities of Bahawalpur, Dera Ghazi Khan, Faisalabad Gujranwala, Multan, Rawalpindi, Sahiwal and Sargodha; and
(b) notwithstanding anything contained in section 8 of this Act and subsection (1) of this section, all areas comprising the district of Lahore.
(3) An area referred to in subsection (1), except the area comprising a city which houses the Tehsil headquarters, shall not be classified as a Municipality or a Town, unless it has a population of not less than seventy-five thousand and twenty thousand respectively as per the last available census.
(4) The area comprising the city which houses a Tehsil headquarters, unless it qualifies to be classified as a Municipal Corporation, shall be a Municipal Committee whether or not its population is less than seventy-five thousand as per the last available census.
10. Change of name of a local area.– The Government may, on its own, or on a resolution of the relevant council approved by not less than two-third of its councillors for the time being in office, change the name of a local area.
11. Periodic review of local areas.– (1) Every eight years from the commencement of this Act, the Commission, shall review all local areas in the Punjab and if required recommend to the Government extension, curtailment or otherwise alteration of the limits of one or more local areas, or constitution of new local areas, or amalgamation or abolition of existing local areas, or reclassification of a local area.
(2) All recommendations of the Commission under subsection (1) shall be made in the interest of effective and convenient local government, or to reflect interests of residents, or to accommodate changes in the demographics or nature of a local area.
12. Power of the Government to direct special reviews.– Notwithstanding the provisions of section 11 of this Act, where the Government upon request of the Commission or a resolution of one or more local governments approved by not less than two-third of their respective councillors for the time being in office, or otherwise considers that a special review of all or one or more local areas is necessary, it may, at any time, direct the Commission to conduct a special review of the indicated local areas.
13. Procedure for review of local areas.– (1) For the purpose of conducting a review under section 11 or 12 of this Act, the Commission shall:-
(a) ensure that all local governments, government agencies, other authorities and persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Government which are relevant to it;
(b) consult local governments of the local area effected by the review as well as all the relevant government agencies, other authorities and persons;
(c) ensure that all local governments, government agencies, other authorities and persons who may be interested in the review are informed of every draft recommendation, or any interim decision not to make any recommendation or any other such order and of the place or places where such recommendation, decision or order can be inspected; and
(d) take into consideration any representation made to it within the period specified for this purpose.
(2) The Government may issue general directions to the Commission for the conduct of review in the aforesaid manner.
14. Changes in the limits and re-classification of local areas.– (1) On the recommendation of the Commission, the Government may, through an order published in the official gazette, extend, curtail or otherwise alter the limits of a local area, constitute one or more new local areas, amalgamate or abolish any existing local areas, or reclassify a local area.
(2) No extension, curtailment or otherwise alteration of the limits of a local area, constitution of a new local area, or amalgamation or abolishment of an existing local area, or reclassification of a local area under this section shall be ordered unless a period of not more than three months remains in the term of the respective council under section 112 of this Act.
(3) Notwithstanding the provisions of subsection (2), where the Government considers that it is not in the public interest to postpone this matter any further, it may, at any time, make an order under subsection (1).
Explanation: For the purpose of this section, re-classification of a local area shall mean to include change of the existing class of an urban local area to another class of urban local area or re-designation of a rural local area as an urban local area and vice versa.
Chapter IV – Local Governments
15. Constitution of local governments.– (1) The Government shall, having regards to the provisions of subsection (2) of section 3 of this Act, constitute local governments of various classes in the following manner:-
(a) a Metropolitan Corporation for each Metropolitan;
(b) a Municipal Corporation for each Municipality with a population of not less than two hundred and fifty thousand as per the latest census;
(c) a Municipal Committee for each Municipality with a population of not less than seventy-five thousand as per the latest census;
(d) a Town Committee for each Town; and
(e) a
Tehsil Council for each Tehsil in the
(2) Every local government shall be a body corporate having perpetual succession and a common seal, and, subject to the provisions of this Act, shall have power to acquire, hold and transfer property, both movable and immovable, to contract and to do all other things necessary for the purposes of its constitution; and shall by its name sue and be sued.
16. Name of a local government.– The Government may, by an order published in the official Gazette, specify the name by which a local government shall be known and unless the name of a local government is so specified, it shall be known as the local government of the respective local area.
Illustration: Pending an order by the Government, Municipal Committee of a Municipality ‘Z’ shall be known as Municipal Committee Z.
17. Division, amalgamation or re-classification of local governments.– (1) The Government may, in accordance with an order under section 14 of this Act:-
(a) divide a local government into two or more local governments; or
(b) amalgamate two or more local governments into one local government; or
(c) re-classify a local government.
(2) When, as a result of such division, amalgamation or re-classification, a new local government is constituted or the limits of a local area are altered under section 14 of this Act:-
(a) the existing head of the local government, convenor and councillors of a local government which is divided, amalgamated or re-classified shall become the head of the local government, convenor and councillors of such new, reconstituted or re-classified local government as the Government may, by an order, specify as if each of such head of the local government, convenor and councillors had been elected to that local government; and
(b) the new, reconstituted or re-classified local government shall, to the extent and in the manner ordered by the Government, succeed the local government so divided, amalgamated or reconstituted.
(3) No division, amalgamation, reconstitution or re-classification of a local government under this section shall be ordered unless a period of not more than three months remains in the term of the respective council under section 112 of this Act.
(4) Notwithstanding the provisions of subsection (3), where the Government considers that it will not be in the public interest to postpone this matter any further, it may, at any time, make an order under subsection (1).
(5) Every order under this section shall be in writing and published in the official Gazette.
Chapter V – Composition of Local Governments
18. Local government structure.– (1) Every local government shall consist of:-
(a) a directly elected head of the local government;
(b) a head’s cabinet comprising such councillors and professionals as is given at section 19 of this Act;
(c) a council comprising such number and description of councillors, including the convenor, as is given at section 20 of this Act to:
(i) keep under review the performance of duties and exercise of powers by the head of the local government under this Act;
(ii) investigate and prepare reports on actions and decisions of the head of the local government under this Act;
(iii) investigate and prepare report on any other matter which it considers to be of importance for the residents;
(iv) submit a proposal for the purpose of this Act to the head of the local government where it considers it appropriate; and
(d) an administration comprising officers and servants of the local government.
(2) A head of the local government shall perform such duties and exercise such powers as are mentioned at section 42 of this Act.
(3) A convenor shall perform such duties and exercise such power as are mentioned at section 43 of this Act.
(4) The administration of every local government shall be headed by a Chief Officer who shall be appointed by the Government from amongst the officers of the prescribed services.
(5) The Chief Officer shall perform such duties and exercise such powers as are mentioned at section 45 of this Act.
19. Composition of the head’s cabinet.– (1) The head’s cabinet for various classes of local governments shall comprise such number of councillors and professionals as mentioned in the First Schedule.
(2) For the purpose of this section, a professional shall mean a person who has successfully completed sixteen years of education from a recognized institution and has an experience of not less than ten years in public administration, public finance, education, public health, or any other area relating to the functions of the local government.
20. Representation of councillors in the councils.– (1) Each council shall consist of such number of general councillors and councillors representing women, religious minorities and other special interests in a local area as is mentioned in the Second Schedule, one of whom shall be the convenor.
(2) Nothing contained in sub-section (1) shall prevent a woman or a person belonging to a religious minority or other special interest group from being a candidate for or elected to a general seat.
Chapter VI – Functions of Local Governments
21. Responsibility of local governments.– (1) For the purposes of this Act:-
(a) A Metropolitan Corporation, Municipal Corporation and Municipal Committee shall be responsible for the functions listed in the Third Schedule;
(b) A Town Committee shall be responsible for the functions listed in the Fourth Schedule; and
(c) A Tehsil Council shall be responsible for the functions listed in the Fifth Schedule.
(2) Any office, agency or authority established or maintained by the Government, which at the commencement of this Act is providing public services or discharging other duties in relation to the building control, solid waste management, water supply, and sewerage collection and disposal function in a Metropolitan, shall, subject to such conditions and control as the Government may impose, stand transferred to the respective Metropolitan Corporation.
(3) Every office, agency and authority referred to in subsection (2) shall be transferred to the respective Metropolitan Corporation as soon as may be but not later than six months of the commencement of this Act.
(4) A local government shall undertake such other functions as are entrusted to it under any other law for the time being in force.
22. Assignment of additional responsibilities by Government.– Nothing in section 21 of this Act shall prevent the Government from assigning any function to a local government which is not included in the Third, Fourth or Fifth Schedule on such terms and conditions as may mutually be agreed.
23. Extent of Government control on functions of the local governments.– (1) Without any prejudice to the provisions of section 6 of this Act, the Government may, from time to time, give policy directions and fix objectives for the effective, transparent and efficient undertaking of functions by a local government.
(2) A local government shall perform functions listed in Part 1 of the Third, Fourth and Fifth Schedules in such manner and to such extent as may be directed by the Government.
(3) Having regards to the provision of subsection (1), the council shall provide for the manner and extent to which functions listed in Part 2 of the Third, Fourth and Fifth Schedules shall be performed by the respective local government.
24. Discharge of functions by local governments.– (1) Subject to subsection (2) below, a local government may discharge its functions through one or more of the following means, namely:-
(a) an officer or servant of the local government;
(b) a joint authority established under sections 30 and 32 of this Act;
(c) another local government by mutual agreement under section 25 of this Act;
(d) an office, authority or agency owned or operated by the Government by mutual agreement under section 26 of this Act; and
(e) by contracting out.
(2) No local government shall contract out any public service which constitutes or involves the exercise of power to award administrative or other penalties, interferes with or otherwise affects the liberty of an individual, involves the power to enter, search or seize any property, or a power or duty to enforce any law.
25. Delegation of functions to Panchayats and Neighbourhood Councils.– (1) A local government may by a mutual agreement, delegate one or more of its functions listed in Part 2 of the Third, Fourth or, as the case may be, the Fifth Schedule or one or more public services relating to any such function to a Neighbourhood Council or a Panchayat.
(2) In performance of a function or delivery of a public service delegated under subsection (1), the Neighbourhood Council or, as the case may be, the Panchayat shall adhere to the general or specific directions of the local government delegating that function.
26. Agency arrangements.– (1) A local government may, through a written agreement, make arrangements with any other local government, or an office, authority or agency of the Government for any of the following purposes:-
(a) provision by any party to the arrangement to the other of any administrative, professional, technical or any other services related to the functions of that local government;
(b) the use by one party to the arrangement of any facility, amenity, vehicle, plant, stores or apparatus belonging to the other and placement of the services of any person employed in connection with any facility, amenity, vehicle, plant, stores or apparatus in question;
(c) the provision or maintenance by one party to the arrangement of any works, facility, amenity, vehicle, plant, store or apparatus for the provision or maintenance of which the other is responsible.
(2) An office, authority or agency of the Government shall not make arrangements under subsection (1) without prior permission of the Government.
(3) The expenses incurred by a local government, joint authority or government agency for carrying into effect the agreement under subsection (1) shall be defrayed by the local government for whom services are provided by that local government, joint authority or government agency.
(4) In case of a disagreement on the amount of expenses or the actual value of expenses paid by a local government during a particular period, the expenses shall be paid by the local government in such amount and in such manner as may be determined by the Commission.
(5) Every local government and the office, authority or agency of the Government acting under this section shall keep separate accounts for the purposes of subsection (3) in the prescribed manner.
27. Appointment of an undertaker by Government.– (1) In the interest of economy of effort and effectiveness, the Government may appoint any of its office, authority or agency to undertake one or more functions listed at Part I of the Third, Fourth or Fifth Schedule or one or more public services related to any such function in one or more local areas in the Punjab.
(2) The function or public service referred to in subsection (1) shall not be undertaken by a local government in respect of the local areas referred to in this subsection.
(3) All expenses required for the undertaking of a function or public service referred to in subsection (1) shall be defrayed by the Government.
(4) The office, authority or agency referred to in subsection (1) shall, for the purpose of undertaking a function or provision of a public service, be deemed to be a local government within the meaning of this Act.
28. Delegation of functions etc. and agency arrangements not to diminish responsibility of a local government.– Arrangements made under clause (b), (c), (d) and (e) of section 24 of this Act, or delegation of any function under section 25 of this Act and agency arrangements under section 26 of this Act shall not diminish, in any respect, the responsibility of a local government with regards to the function or public service which it outsources, contracts out or delegates to another local government, joint authority, government agency, Panchayat or, as the case may be, a Neighbourhood Council.
29. Quality and accessibility of public services.– (1) The quality of a public service provided by a local government in relation to the functions assigned to it under this Act shall be as under:-
(a) where standard of provision of a public service is regulated bye-law, the standard of provision of that public service shall be deemed to be the standard laid down by such law;
(b) where standard of provision of a public service is not regulated bye-law, the Government may, by an order, fix the standard of provision of that public service;
(c) where standard of provision of a public service is neither regulated bye-law nor fixed by the Government, the standard of provision of that public service shall be deemed to be the standard fixed by a professional body concerned with that service; and
(d) where standard of provision of a public service is neither regulated bye-law, or fixed by the Government or by a concerned professional body, the standard of provision of that public service shall be that which at the time of provision of the public service could be reasonably expected to be obtained in the respective local area.
(2) All public services provided by a local government shall meet the quality standards fixed or expected under this section.
(3) Each public service provided by a local government shall be accessible to all such persons for whom that service is intended.
Chapter VII – Joint Authorities
30. Establishment of joint authorities by voluntary action.– (1) Subject to the limitations mentioned at section 32 of this Act, the heads of two or more local governments may, through a written agreement, establish a joint authority for the provision of one or more of such public services which relate to a function assigned to them under this Act.
(2) An agreement referred to in subsection (1) shall, among other things, provide for:-
(a) the extent of responsibility of the joint authority in relation to the provision of a public service;
(b) the manner in which the joint authority will discharge its responsibility;
(c) personnel, facility, amenity, equipment, plant, stores or apparatus required for effective working of the joint authority; and
(d) arrangements for sharing the expenses of joint authority between constituting local governments.
(3) A joint authority shall be responsible to each constituting local governments for the provision of public services assigned to it.
(4) The head of the local government of a constituting local government of a joint authority established under this section may, after due notice of not less than three months to the other constituting local governments, rescind from the agreement referred to in subsection (1).
31. Subsequent joining of a local government.– A local government may join a joint authority through a written agreement between its head of the local government of the local government and the heads of the then constituting local governments of that joint authority.
32. Power of the Government to establish joint authority in relation to certain functions.– (1) In the interest of economy of effort and effectiveness, the Government may by an order, establish a joint authority for such local governments as may be mentioned in that order, for the provision of one or more of such public services which relate to their functions listed in Part 1 of the Third, Fourth or, as the case may be, the Fifth Schedule.
(2) Every order under subsection (1) shall, among other things, provide for:-
(a) the areas comprising the jurisdiction of the joint authority;
(b) public services to be provided by the joint authority;
(c) the manner in which the joint authority will discharge its responsibilities;
(d) personnel, facility, amenity, equipment, plant, stores or apparatus required for effective working of the joint authority; and
(e) arrangements for sharing of expenses of the joint authority by the constituting local governments.
(3) A public service referred to in subsection (1) shall be provided by the joint authority in the respective local area and not the constituting local governments.
(4) No local government shall establish a joint authority under section 30 of this Act for the provision of any public service for which a joint authority has been established by the Government under this section.
(5) A joint authority established under this section shall continue unless otherwise ordered by the Government.
33. Operating Officer of a joint authority.– (1) Each joint authority shall have an Operating Officer who shall be responsible for proper administration and discharge of responsibilities assigned to that joint authority.
(2) The Operating Officer of a joint authority established under section 30 of this Act shall be appointed by the constituting local governments from amongst their officers with mutual agreement and in case where no such agreement is reached within thirty days of the establishment of the joint authority, by the Government.
(3) The Government shall appoint Operating Officer of a joint authority established under section 32 of this Act.
34. Joint committees to oversee and direct functions of joint authorities.– (1) The constituting local governments may appoint a joint committee to oversee and direct the proper discharge of functions by a joint authority established under section 30 of this Act and may also by mutual agreement determine:-
(a) the total membership of the joint committee;
(b) representation of each constituent local government in the joint committee; and
(c) the term of office of the members of that joint committee.
(2) Representation of constituent local governments in a joint committee shall be worked out in the following manner:
(a) the representation of each constituting local government shall not be less than one member; and
(b) additional representation of a constituting local government in a joint committee shall be, as nearly as possible, proportional to its share in meeting the expenses of the joint authority.
(3) The membership of a joint authority established under section 32 of this Act shall be decided by the Government and may in addition to the representatives of the constituting local governments also include such officers or description of officers and other nominees of the Government as may be mentioned in the order referred to in the said section provided that the total number of officers and other nominees of the Government shall not exceed the accumulative strength of representatives of the constituting local governments in that joint authority.
(4) The head of the local government of the constituting local government may appoint members of the joint committee from amongst the head’s cabinet, councillors or officers of the local government.
(5) A member of the joint committee, other than the officer and other nominee of the Government referred to in subsection (3), shall hold office during the pleasure of the head of the local government of the respective constituting local government.
(6) A member of the joint committee shall upon ceasing to be the member of head’s cabinet, councillor, or as the case may be, the officer of that local government shall also cease to be a member of the joint committee.
35. Expenses of a joint authority how defrayed.– (1) The expenses incurred by a joint authority shall be defrayed in the following manner:-
(a) in case of a joint authority established under section 30 of this Act, by the constituting local governments in such proportions as agreed by them;
(b) in case of a joint authority established under section 32 of this Act, by the constituting local governments in such proportions as ordered by the Government.
(2) In case of a disagreement on proportions in which the expense are to be shared or the actual value of share paid by a constituting local government during a particular period, the expenses shall be paid by each constituting local government in such amount and in such manner as may be determined by an arbitrator appointed with the agreement of the disputing local governments and where the disputing local governments fail to agree to an arbitrator within thirty days of the arising of the dispute, by an officer authorized by the Government.
(3) Every joint authority shall keep its accounts in the prescribed manner.
36. Assets etc. of a joint authority.– (1) In relation to the working of a joint authority, the constituting local governments may make arrangements for:
(a) temporary transfer of officers and staff to the joint authority;
(b) use of any facility, amenity, vehicle, equipment, plant, stores or apparatus of a constituent local government by the joint authority in relation to provision of a public service and placement of the services of any person employed in connection with the facility, amenity, equipment, plant, store or apparatus in question with the joint authority; and
(c) purchase of any facility, amenity, vehicle, equipment, plant, stores or apparatus or employment of any person in relation to the working of the joint authority.
(2) A constituting local government which provides funds for the purchase of any facility, amenity, equipment, plant, store or apparatus of a joint authority shall be the joint owner of such facility, equipment, plant, store or apparatus to the extent determined by subsection (3).
(3) The share of a constituting local government in a facility, amenity, equipment, plant, stores or apparatus owned or used by a joint authority shall be proportionate to the capital cost of that facility, equipment, plant, stores or apparatus property shared by that local government.
37. Dissolution of a joint authority.– (1) A joint authority established under section 30 of this Act shall stand dissolved if:
(a) all constituting local governments of that joint authority, after due notice, agree to such dissolution;
(b) as a result of rescission of a constituting local government of that joint authority under subsection (4) of section 30 of this Act, the number of remaining constituting governments becomes less than two; or
(c) the Government orders as such after being satisfied that the performance of the joint authority has remained unsatisfactory consistently or the joint authority has become economically unviable or the constituting local governments are consistently defaulting in defraying their respective share of expenses to the joint authority.
(2) A joint authority established under section 32 of this Act shall not dissolve unless ordered as such by the Government.
(3) Subsequent to the dissolution of a joint authority, the public services provided by that joint authority shall be provided by the respective local governments.
38. Succession of a joint authority.– (1) Upon dissolution of a joint authority:-
(a) all facilities, amenities, vehicles, equipment, plants, stores and apparatus purchased by the joint authority shall be succeeded by each constituting local government, as nearly as possible, proportional to the expenses of the joint authority shared by it during the entire period of its continuation;
(b) all facilities, amenities, vehicles, equipment, plants, stores and apparatus lent to the joint authority by a constituting local government shall return to that local government;
(c) all officers and staff transferred or lent to the joint authority by a constituting local government shall return to that local government;
(d) left over funds, if any, of the joint authority shall be succeeded by each constituting local government in such amounts which are, as nearly as possible, proportional to the expenses of the joint authority shared by it during the entire period of its continuation.
(2) Any disagreement amongst the constituting local governments on the issue of succession of a joint authority shall be determined by an arbitrator appointed with the agreement of the disputing local governments and where the disputing local governments fail to agree to an arbitrator within thirty days of the dissolution, by an officer authorized by the Government.
Chapter VIII – Authority of Local Governments
39. Extent of authority of local governments.– (1) The authority of every local government shall be limited to the discharge of functions assigned to it under this Act or any other law for the time being in force.
(2) Subject to the provisions of section 23 of this Act, the authority of a local government shall extend to the doing of all acts that are necessary for the due discharge of its functions or acts that are likely to facilitate or are conducive or incidental to the discharge of its functions under this Act or any other law for the time being in force.
40. Manner of exercise of authority by a local government.– (1) Subject to the provisions of this Act, the executive authority of a local government shall vest in and be exercised by its head through officers of the local government authorized by him in accordance with this Act.
(2) The head of the local government, council or any of its committee or sub-committee may direct, guide or supervise but not directly engage in the discharge of a function of the local government.
(3) The council and its committees and sub-committees shall act through resolutions in accordance with the provisions of section 55 of this Act.
41. All acts and orders to be taken or made in the name of local government.– All acts and orders of a local government shall be expressed to be taken or made in its name and shall be authenticated in the prescribed manner.
Chapter IX – Duties of Certain Functionaries
42. Duties and powers of a head of the local government.– (1) In addition to any other duty assigned to him under this Act or any other law for the time being in force, a head of the local government shall be responsible for:-
(a) ensuring that the business of the local government is carried out strictly in accordance with this Act and all other relevant laws for the time being in force;
(b) efficient, effective and transparent functioning of the local government;
(c) accomplishment of operational, developmental and fiscal objectives set out by the council or as the case may be the Government under section 23 of this Act;
(d) presenting not less than two reports on the performance of local government to the council and the Government during each financial year;
(e) representation of the local government at civic or ceremonial functions;
(f) any other duty, not being the duty assigned to any other authority under this Act, as the council may, by a general or special resolution direct;
(g) any other duty as may be assigned to him by the Government; and
(h) general supervision and control over officers of the local government for the above purposes.
(2) A head of the local government shall, in relation to the above duties or for the transaction of business of the local government, exercise:-
(4) At the end of each calendar year or at such other appointed interval, the head of the local government shall evaluate the work done and results obtained by the Chief Officer as against his duties and the manner in which he exercised his powers under this Act and submit a report to the Secretary in the prescribed manner.
(5) Notwithstanding him being not a councillor, a head of the local government shall have the same right to be present at any meeting of the council, or the meeting or any of its committee or sub-committee and of taking part in the discussion thereat, or to make an address, or any statement or explanation of facts as if he were a councillor or a member of such committee or, as the case may be, the sub-committee, but he shall not vote upon any proposition at such meeting.
43. Duties and powers of a convenor.– (1) In addition to any other duty assigned to him under this Act, a convenor shall:---
(a) convene meetings of the council as required under this Act;
(b) preside over, and ensure orderly conduct of meetings of the council at which he is present;
(c) maintain record of meetings of the council; and
(d) constitute committees of the council under this Act and oversee their working.
(2) A convenor shall, in relation to the above duties, exercise such powers as are conferred upon him under this Act or any other law for the time being in force.
(3) Without prejudice to the provisions of subsection (2), a convenor may, in relation to above duties, direct a councillor to abstain from or withdraw immediately from a meeting where in his opinion the attendance of meeting by that councillor would constitute conflict of interest under section 216 of this Act or the conduct of that councillor during the meeting is grossly disorderly.
44. Duties of a councillor.– (1). While acting under this Act, a councillor shall:
(a) serve the overall interest of the local area which he represents; and
(b) ensure that there is no conflict, or possible conflict between his private interest and honest performance of his role of serving public interest.
(2) A councillor shall not direct or attempt to direct an officer or servant of a local government, or direct or attempt to direct on the manner in which the duties of an officer or servant of the local government shall be performed.
45. Duties and powers of Chief Officer.– (1) A Chief Officer shall be the principal officer of the local government and all other officers and servants of that local government shall be subordinate to him.
(2) In addition to any other duty assigned to him under this Act or any other law for the time being in force, a Chief Officer shall:-
(a) work as the principal accounting officer of the local government;
(b) assist and advise the head of the local government, convenor, committees and sub-committees of the council in proper discharge of their duties under this Act;
(c) ensure timely, effective and efficient implementation of local government policy and decisions;
(d) supervise and control officers and servants of the local government and coordinate and synergize the work of all offices of the local government;
(e) maintain financial and administrative discipline and ensure that the business of the local government is carried out strictly in accordance with the provisions of this Act and other laws for the time being in force;
(f) enter into and manage all contracts on behalf of the local government;
(g) undertake all procurements on behalf of the local government;
(h) maintain records pertaining to the functions of the local government;
(i) act for and on the behalf of the local government in every action or other legal proceedings whether instituted by or against the local government;
(j) assist relevant authorities in the circumstances of emergency; and
(k) perform such other duties as are assigned to him by the Government, head of the local government, council or a committee or sub-committee of the council.
46. Attendance of council meetings etc. by Chief Officer.– (1) The Chief Officer shall have the same right to being present at any meeting at the council, or a committee or a sub-committee of the council and of taking part in the discussions thereat as if he were a councillor or a member of such committee or, as the case may be, the sub-committee, and may at any time make a statement or explanation of facts, but he shall not vote upon, or move, any proposition at such meeting.
(2) In so far as it is not inconsistent with or does not interfere with the due discharge of his duties, a Chief Officer shall, when required upon by the convenor attend a meeting of the council or a committee or sub-committee of the council and render such advice or provide such assistance as may reasonably be required of him.
47. Duty of Chief Officer etc. in case of an illegal order or instruction.– (1) Where in the opinion of the Chief Officer or any other officer or servant of the local government, any resolution of the council or any of its committees or sub-committee, or any decision, order, instruction or act of the head of the local government, convenor, or a councillor is not in accordance with this Act or any other law for the time being in force, or is motivated, or is likely to lead to wasteful or improper expenditure, or is likely to lead to the breach of peace or cause injury or annoyance to the public or any class or body of persons or is otherwise prejudicial to the public interest, he shall:
(a) in case of him being the Chief Officer, refer every such resolution, decision, order, instruction or act in writing, along with the grounds of his opinion, to the Government for decision;
(b) in case of him being any other officer, send every such resolution, decision, order, instruction or act in writing, along with the grounds of his opinion, to the Chief Officer who shall, after recording his own opinion in the matter, forward the same to the Government.
(2) The Government shall, after due notice and inquiry, decide every reference of the Chief Officer received under this section and such decision shall be final as regards to the validity of the resolution, decision, order, instruction or act.
48. Personal responsibility for acts done and expenditure incurred without lawful authority.– Every person exercising any authority for the purposes of this Act, shall be personally responsible for any act done by him personally or done under his direction; any loss, financial or otherwise, suffered by a local government due to a decision made by him personally or under his direction; or any expenditure incurred by him personally or incurred under his direction without lawful authority or in violation of any provision of this Act or any other law for the time being in force.
Chapter X – Contracts
49. Principles governing contracts.– (1) Without prejudice to the provisions of any other law for the time being in force governing contracts and public procurements, all contracts for the carrying out of a work, or the purchase of goods or services of any description, shall be made by a local government having regards to the following principles, namely:-
(a) open and effective competition;
(b) value for money; and
(c) ethical behaviour and fair dealing.
(2) All contracts shall be made, varied or discharged by a local government in the prescribed manner.
50. Form of contract.– All contracts made, varied or discharged on behalf of a local government shall be in writing and expressed to be made in the name of that local government.
51. Power to make contract.– (1) Subject to the provisions of this Act, all contracts shall be made, varied or discharged on behalf of a local government by its Chief Officer.
(2) The Government may, by an order specify that contracts for carrying out of a work or the purchase of goods or services of a particular nature or exceeding a particular pecuniary value shall not be made, varied or discharged by the Chief Officer without the prior approval of the council.
(3) The Government may likewise, by an order specify that contracts for carrying out of a work or the purchase of goods or services of a particular nature or exceeding a particular pecuniary value shall not be made, varied or discharged without prior approval of the council and confirmation of such approval by an officer authorized by the Government.
(4) All contracts made by the Chief Officer on his own authority shall be reported to the head of the local government immediately and the council at the meeting next following the making of the contract.
65. Indemnity of councillors in relation to anything said in proceedings of a meeting.– (1) No head of the local government, convenor, councillor or other person shall be liable to any proceedings in any Court in respect of anything said by him or any vote cast by him in the meeting of a council, committee or sub-committee so long as such action does not:
(a) undermine
the ideology, integrity or solidarity of
(b) seek to create or excite feelings of enmity, ill will, or hatred between different communities, sects, classes or sections of citizens of Pakistan; or
(c) contains any indecent, obscene, scurrilous or ironical expressions or remarks to defame any person.
Chapter XII – Committees and Sub-committees of the Council
(2) If, in calculating a ratio for the purposes of sub-section (1), the number of seats reserved for a political party or electoral group does not come to be a whole number and such number is less than one-half, the number shall be rounded down to the next lower number; or one-half or more, the number shall be rounded up to the next higher level.
(2) A council shall have a similar power with respect to revocation of appointment or revoking or varying anything delegated, or any restriction or conditions imposed or any matter fixed in relation to a sub-committee as that of a committee.
74. Bye-laws for committees and sub-committees.– (1) Having regards to the provisions of this Act and the rules, every local government shall, within three months of the assumption of office, frame bye-laws for the constitution and conduct of its committees and sub-committees.
(2) Where a local government fails to timely meet the requirements of subsection (1), the Government may prescribe bye-laws for that local government which shall be valid as if framed by that local government.
PART 3
ELECTIONS, TERM OF OFFICES AND RELATED MATTERS
Chapter XIII – Authority for Local Government Elections
Chapter XIV – Election Method, Franchise and Related Matters
(6) In addition to the candidate for the office of the head of the local government, a political party or an electoral group may also appoint one or more candidates for election to the seats of general councillors and seats reserved for women, religious minorities, peasants and, as the case may be, workers.
(7) Where a political party or an electoral group appoints two or more candidates for an election under this Act, all such persons including the candidates for the office of the head of the local government, shall contest on the same ballot.
(8) Where a political party or an electoral group appoints more than one candidates for election to a seat of the councillor, it shall do so on a list indicating the ranking order in which such candidates will be elected on the basis of votes obtained by that political party or electoral group.
(9) After expiry of the date fixed for submission of nomination papers for an election under this Act, the list referred to in subsection (8) shall not be varied by any political party or, as the case may be, any electoral group in terms of ranking order of the candidates or the name of the candidates by way of addition of a fresh name or omission of an existing name in the list.
(10) Nothing in this section shall prevent a political party or an electoral group from:
(a) nominating not more than two additional candidates for the election of a head of the local government to provide for rejection of the appointed candidate under section 92 of this Act, or his inability to contest election for any other reason; and
(b) appointing as many candidates to the seats of various description of councillors in excess of the number of such seats provided for the respective council under section 20 of this Act as it may deem necessary to provide for rejection of the candidates under section 92 of this Act, or for filling casual vacancies during the term of the council for any reason under section 119 of this Act.
Chapter XV – Conduct of Elections
98. Election to be called in question only before Election Tribunal within forty-five days of declaration of results.– (1) No election under this Act shall be called in question except through an election petition made to the Election Tribunal constituted under section 99 of this Act by a candidate to that election.
(2) No election petition under this section shall be admitted for hearing by an Election Tribunal unless it is made within forty-five days of publication in the official gazette of the name of a candidate returned under section 97 of this Act.
99. Election Tribunal.– (1) Not less than thirty days prior to the date fixed for an election under section 91 of this Act, the Election Commission shall, through an order published in the official gazette, appoint an Election Tribunal for one or more electoral units as may be specified in that order, for the hearing of election petition made under section 98 of this Act.
100. Powers of the Election Tribunal.– An Election Tribunal shall, for the purpose of this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908) and shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
101. Procedure for hearing of an election petition.– Subject to the provisions of this Act, every election petition shall be made, heard and decided in the prescribed manner.
102. Decision of Election Tribunal and right of appeal.– (1) An Election Tribunal may, after having considered all relevant matters appertaining to an election petition, make any one of the following order, namely:-
(a) dismissing that petition;
(b) declaring the election of returned candidate to be void in terms of section 103 of this Act;
(c) declaring the election of returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected; or
(d) declaring the election as a whole to be void in terms of section 105 of this Act.
(2) Every decision of an Election Tribunal under subsection (1) shall:
(a) take effect from the date on which it is made; and
(b) be forthwith communicated to the Election Commission.
(3) All decisions of an Election Tribunal shall be expressed in terms of the opinion of the majority of its members.
(4) An Election Tribunal shall decide every election petition made before it in not more than one hundred and twenty days from the date of its making.
(5) Any person aggrieved with the final decision of an Election Tribunal may, within thirty days of the decision appeal to the High Court and the decision of the High Court in this respect shall be final and shall not be called in question before any court or before any other authority on any ground whatsoever.
103. Ground for declaring the election of a returned candidate void.– (1) The Election Tribunal shall declare the election of a returned candidate to be void if it is satisfied that:-
(a) the nomination of the returned candidate was invalid; or
(b) the returned candidate was not, on the nomination day, eligible for being elected as a member; or
(c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice or a corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent.
(2) The election of a returned candidate shall not be declared void merely on the ground that:-
(a) any corrupt or illegal practice has been committed, if the Election Tribunal is satisfied that it was not committed by, or with the consent or connivance of that candidate or his election agent and that the candidate and the election agent took all reasonable precaution to prevent its commission; or
(b) that any of the other contesting candidates was, on the nomination day, not qualified for being elected as a member.
Explanation: For the purpose of this section, the terms corrupt or illegal practice shall mean to include the breach of one or more of the prohibitions specified under sections 261, 262, 263, 264, 267 and 268 of this of this Act.
104. Declaration of a person other than a returned candidate as elected.– The Election Tribunal may in such cases where it after hearing a petition under section 98 of this Act determines that an election of a returned candidate is void, declare the petitioner or any other contesting candidate to have been duly elected if it is so claimed by the petitioner or any of the respondents and the Election Tribunal is satisfied that the petitioner or such contesting candidate was entitled to be declared elected.
105. Declaration of an election as a whole void.– The Election Tribunal shall declare an election as a whole to be void if it is satisfied that the result of the election has been materially affected by reason of a gross failure of any person to comply with the provisions of this Act or the rules, or the prevalence of extensive corrupt or illegal practice at that election.
Explanation: For the purpose of this section, the terms corrupt or illegal practice shall mean to include the breach of one or more of the prohibitions specified under sections 261, 262, 263, 264, 267 and 268 of this Act.
106. Notification of election, resignation and removal of the head of the local government, convenor and councillors.– Every election, resignation or removal of a head of the local government, convenor and councillor, or the vacation of office by him shall be notified by the Government in the official gazette.
107. Limit of election expenses and consequences of exceeding such limit.– (1) Election expenses of a candidate to an election under this Act, his agent or any other person on his behalf, shall accumulatively not exceed such amount as the Election Commission may from time to time specify.
(2) Without any prejudice to the provisions of section 273 of this Act, where election expenses of an elected candidate exceed the limit specified under subsection (1), he shall be disqualified by the Election Commission from holding his office.
108. Duty to declare election expenditure and consequences of failure.– (1) Every candidate shall, in not more than thirty days from the date of an election under this Act, submit a return on expenditures incurred by him, his agent or by some other person on his behalf on that election.
(2) Without any prejudice to the provisions of section 274 of this Act, an elected candidate who fails to submit a return under subsection (1), or submits a return that contains particulars that to the knowledge of the candidate are false or misleading in a material particular, shall be disqualified by the Election Commission from holding his office.
Chapter XVI – Qualifications and Term of Office of Councillors
(2) Without any prejudice to the provisions of subsection (1), no person shall be eligible to be a candidate for the office of a head of the local government, convenor or councillor or to hold the office of a head of the local government, convenor or councillor if:-
110. Defection from a political party or electoral group. – (1) The head of a political party or an electoral group may, after giving him an opportunity to show cause, declare a head of the local government, convenor or councilor to have defected his political party or, as the case may be, the electoral group who, after having been elected on its list:
(a) joins another political party or an electoral group; or
(b) votes or abstains from voting in the council contrary to any direction of the political party or, as the case may be, electoral group in relation to the election of the convenor under section 83 of this Act, or a vote for removal of the head of the local government or convenor under section 202 of this Act.
(2) After having declared a councilor defector, the head of the political party or, as the case may be, electoral group shall forthwith forward a copy of the declaration to the Election Commission.
(3) Where the declaration is confirmed by the Election Commission after due notice and inquiry, the head of the local government, convenor or councilor referred to in subsection (1) shall cease to hold office.
Explanation: For the purpose of this section, the head of a political party or electoral group shall mean any person by whatever name called, declared as such by the political party or, as the case may be, electoral group.
120. Temporary accession to the office of a head of the local government and convenor.– (1) The convenor shall accede to the office of the head of the local government during his temporary absence.
(2) The convenor may nominate one of the councillor to accede to his office during his temporary absence and where no such nomination is made, the councillors may choose any one of them to accede to the office of the convenor during his temporary absence.
Explanation: For the purpose of this section, absence shall mean temporary absence from office for reasons such as leave, travel and illness for a period of not more than sixty days.
PART 4
LOCAL GOVERNMENT FINANCE AND PROPERTIES
Chapter XVII – Local Government Funds
126. Application of public fund.– (1) The moneys from time to time credited to the public fund of a local government shall be applied in the following manner, namely:-
(a) all payments accruing from a trust administered or managed by the local government shall be applied for the purposes of that trust;
(b) all refundable deposits received by the local government from another local government shall be applied for the refund of the deposited amount to that local government;
(c) all moneys received as a deferred liability shall be applied towards retiring that liability; and
(d) an amount paid to local government in trust for a person shall be applied for making payment to that person.
Chapter XVIII – Local Government Budget
(2) If during a review under subsection (1), it is determined that the approved or revised estimate of receipts and expenditure is contrary to any provision of this Act or the rules, the Government may after offering an opportunity of hearing to the head of the local government, direct the local government to suitably amend the estimate within a prescribed period.
(3) If the local government fails to amend the estimate of receipts and expenditure pursuant to a direction under subsection (2), the Government may amend the estimates itself and certify them.
(4) The estimate of receipts and expenditure certified under subsection (3) shall be deemed to be the approved estimate of receipts and expenditure of the local government for the relevant financial year.
Chapter XIX – Borrowing by Local Governments
Chapter XX – Local Government Properties
Chapter XXI – Local Government Taxes, Fees, Rates and Tolls
Chapter XXII – Local Government Finance Commission
(i) monitor fiscal health of local governments on an annual basis in particular their fiscal effort and performance; their ability to meet budgetary and development targets, their debt management and to make a determination of fiscal distress defined in terms of the ability of a local government to balance their budgets by ensuring that the sum of estimated net revenues and appropriated fund balances are sufficient to cover appropriations and other liabilities including pension and general provident fund liabilities;
(2) The report referred to in clause (h) of subsection (1) shall be laid before the Provincial Assembly.
(3) The Finance Commission shall not be subject to or take cognizance of the directions of any person as to the manner in which it shall discharge its duties.
Chapter XXIII – Inter-governmental Fiscal Transfers
185. Provincial allocable amount and transfers to the local governments.– (1) Before the commencement of each financial year, the Government shall set aside a portion of moneys likely to be received in the consolidated fund during that financial year to be called the provincial allocable amount.
Chapter XXIV – Local Government Accounts and Audit
PART 5
ACCOUNTABILITY, OVERSIGHT AND RESPONSIVENESS
Chapter XXV – Internal Controls
Chapter XXVI –Continuous Supervision of Local Governments
Chapter XXVII – Responsiveness to Citizens Needs
Chapter XXVIII – Transparency
221. Certain orders to be in writing or to be reduced to writing.– (1) A head of the local government, convenor, committee or sub-committee of the council, and all officers and servants of the local government shall act through or under a written order, if:-
(a) this Act or any other law for the time being in force requires that the act shall be done through a written order;
(b) the act pertains to exercise of any authority under this Act or any other law for the time being in force;
(c) the act is, in view of the head of the local government or the Chief Officer, of sufficient importance; and
222. All orders of local government to be open to inspection.– (1) The Chief Officer shall maintain a register of all orders made by the head of the local government, convenor, council or any of its committee or sub-committee, an officer or servant of the local government in such form and manner as may be prescribed.
Chapter XXIX – Oversight by the Government
224. Calling in question the legality of an order etc. of local government.– (1) Any of the following persons may, through a complaint in writing, call into question the legality of any resolution, bye-law, decision or order of a local government, namely:-
(a) the head of that local government;
(b) the Chief Officer of that local government or any other officer or servant of that local government to whom such order is directed;
(c) a resident of the relevant local area or any other person affected by that act or order; and
(d) any officer nominated for this purpose by the Government.
PART 6
COORDINATION AND CONFLICT MANAGEMENT
Chapter XXX – Punjab Local Government Commission
Chapter XXXI – Coordination and Dispute Management
Chapter XXXII – Planning, Development and Land Use
251. Local development plan.– (1) Within six months of the assumption of office, every head of the local government shall prepare a plan for the development of respective local area in relation to the functions of the local government under this Act during the next four years, to be called the local development plan.
(2) A local development plan shall be prepared in such form and manner as the Government may by an order specify and, among other things, include:
(a) objectives of the local government with respect to development of local area;
(b) strategies for achievement of these objectives and indicators for monitoring such achievement; and
(c) resource plan describing financial and other resources required for the attainment of stated objectives and how such resources will become available to the local government.
(3) In the like manner, sufficiently before the commencement of a financial year, every head of the local government shall prepare a draft plan of construction or other works and activities by or on behalf of the local government to be carried out during that financial year, called the draft annual development plan.
(4) Every draft annual development plan prepared under subsection (3) shall be aligned to and contribute towards the objectives of the local development plan.
PART 7
REGULATION AND ENFORCEMENT
Chapter XXXIII – Offences Relating to Local Government Elections
261. Prohibition to give, offer or promise illegal gratification.– (1) No person shall directly or indirectly, by himself or by any other person on his behalf receives, agrees to or contracts for; or give, offer or promise any gratification to:
(a) cast a vote or refrain from casting a vote; or
(b) refrain from being a candidate at, or to withdraw or retire from an election.
(2) A person who violates the provisions of clause (a) of subsection (1) shall, on conviction, be punished with an imprisonment for a term not exceeding three years, or with fine not exceeding fifty thousand rupees, or with both.
(3) A person who violates the provisions of clause (b) of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding seven years, or with fine which shall not exceeding five hundred thousand, or with both.
262. Prohibition to impersonate as a voter.– (1) No person shall vote or apply for a ballot paper for voting as some other person whether that other person is living or dead or fictitious.
(2) A person who violates the provisions of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding three years, or with fine not exceeding fifty thousand rupees, or with both.
263. Prohibition to unduly influence outcome of election.– (1) No person shall, in order to compel any person to vote, or 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:-
(a) make or threaten to make use of any force, violence or restraint; or inflicts or threatens to inflict any injury, damage, harm or loss; or
(b) use any official influence or Governmental patronage; or
(c) abduct, or put under physical duress; or
(d) use any fraudulent device or contrivance to impede or prevent free exercise of the franchise by a voter; or
(e) compel, induce or prevails upon any voter to refrain from voting or compel any voter to vote.
(2) A person who contravenes any provision of clause (a), (b), (d) or (e) of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding three years, or with fine not exceeding three hundred thousand rupees, or with both.
(3) A person who contravenes any provision of clause (c) of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding five years, or with fine not exceeding five hundred thousand rupees, or with both.
264. Prohibition of certain unwarranted practices.– (1) No person shall, in relation to an election under this Act:-
(a) obtain or procure, or attempt to obtain or procure, the assistance of any officer or official of the Federal Government, the Government or a local government or authority to further or hinder the election of a candidate;
(b) vote or apply for a ballot paper for voting at an election knowing that he is not qualified for voting or is disqualified from voting.;
(c) vote or apply for a ballot paper for voting more than once at any polling station;
(d) remove a ballot paper or a ballot box from a polling station or destroy, damage or tamper with the ballot-box used at a polling station;
(e) knowingly induce or procure any person to do any of the aforesaid acts;
(f) withhold statement of election expenses as required under this Act;
(g) make or publish a false statement:-
(i) concerning personal character of a candidate or any of his relations calculated to adversely affect the election of such candidate; or
(ii) for the purpose of promoting or procuring election of another candidate;
(iii) relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate; or
(iv) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a candidate, let, lend, employ, hire, borrow or use 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;
(2) A person who contravenes any provision of clause (a), (d) or (e) of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding five years, or with fine not exceeding five hundred thousand rupees, or with both.
(3) A person who contravenes the provision of clause (f) of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding two years, or with fine which not exceeding three hundred thousand rupees, or with both.
(4) A person who contravenes the provision of clause (g) of subsection (1) shall, on conviction, be punished with fine not exceeding three hundred thousand rupees.
(5) A person who contravenes any provision of subsection (1) not mentioned in subsection (2), (3) or (4) shall, on conviction, be punished with fine which not exceeding five thousand rupees.
265. Canvassing on a polling day prohibited.– (1) No person shall, on the polling day, in relation to an election under this Act:-
(a) convene, call or organise any meeting;
(b) within a radius of two hundred meters of the polling station canvass for votes, or solicit vote of any voter, or persuade any voter not to vote at the election or for a particular candidate; or
(c) exhibit, except with the permission of the authorized electoral 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.
(2) A person who contravenes any provision of subsection (1) shall, on conviction, be punished with fine not exceeding two hundred thousand rupees.
266. Disorderly conduct near polling station.– (1) No person shall, in relation to an election under this Act:-
(a) use, in such manner as to be audible within a polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds; or
(b) persistently shout in such manner as to be audible within the polling station; or
(c) do any act which disturbs or causes annoyance to any voter visiting a polling station for the purpose of voting, or interferes with the performance of the duty of an electoral officer or any other person performing any duty at a polling station; or
(d) abet the doing of any of the aforesaid acts.
(2) A person who contravenes any provision of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding three months, or with fine not exceeding three thousand rupees, or with both.
267. Prohibition on tampering with ballot paper etc.– (1) No person shall, in relation to an election under this Act:-
(a) fraudulently deface or destroy any nomination paper or ballot paper;
(b) fraudulently take 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) supply any ballot paper to any person;
(ii) destroy, take, open or otherwise interfere with any ballot box or packet or ballot papers in use for the purpose of election; or
(iii) break any seal affixed in accordance with the provisions of the rules;
(d) cause 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 attempt to do any of the aforesaid acts.
(2) A person who contravenes any provision of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding six months, or with fine not exceeding one hundred thousand rupees, or with both.
(3) Where the person referred to in subsection (1) is a candidate for an election under this Act, he shall, on conviction, be punished with imprisonment for a term not exceeding five years, or with fine not exceeding five hundred thousand rupees, or with both.
268. Interference with the secrecy of voting prohibited.– (1) No person shall, in relation to an election under this Act:-
(a) interfere or attempt to interfere with a voter when he records his vote;
(b) in any manner obtain or attempt to obtain, in a polling station, information as to the candidate for whom a voter in that station is about to vote or has voted, or
(c) communicate 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.
(2) A person who contravenes any provision of subsection (1) shall, on conviction, be punished with imprisonment for a term which not exceeding three months, or with fine not exceeding twenty thousand rupees, or with both.
269. Duty to maintain secrecy.– (1) Every candidate and polling agent attending a polling station shall, in relation to an election under this Act:-
(a) maintain and aid in maintaining the secrecy of voting; and
(b) not pass, by any means, any information obtained by him at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.
(2) A candidate or polling agent who contravenes any provision of subsection (1) shall, on conviction, be punished with imprisonment for a term not exceeding six months, or with fine not exceeding ten thousand rupees, or with both.
270. Conduct of officials or any other person employed in connection with election.– (1) An officer or any other person performing a duty in connection with an election shall not, during the conduct or management of an election or maintenance of order at the polling station under this Act:-
(a) persuade or dissuades any person to give his vote or otherwise influences in any manner the voting of any person
(b) do any other act calculated to further or hinder the election of a candidate;
(c) by any means, pass any information obtained by him at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper; and
(d) communicate, 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.
(2) An officer or any other person who contravenes any provision of subsection (1) shall, on conviction, be punished imprisonment for a term not exceeding six months, or with fine not exceeding ten thousand rupees, or with both
271. Breach of official duty in connection with election.– An officer or other person employed by any such officer in connection with his official duties imposed by or under this Act shall be guilty of an offence punishable with imprisonment for a term not exceeding two years, or with fine not exceeding ten thousand rupees, or with both, if he, wilfully and without reasonable cause, commits breach of any such official duty, by act or omission.
272. Illegal assistance to a candidate by government servants.– A person in the service of Pakistan, the Government, a local government, or a body owned or controlled by the federal or a provincial government or a local government shall be guilty of an offence punishable with imprisonment for a term not exceeding one year, or with fine not exceeding twenty-five thousand rupees, or with both if he, in any manner, provides any illegal assistance to further or hinder the election of a candidate.
273. Prohibition of excessive expenditure on election.– (1) No candidate, his agent or any other person on his behalf shall accumulatively incur expenses in excess of the amount fixed under section 107 of this Act.
(2) A candidate, his agent or other person who contravenes the provision of subsection (1) shall, on conviction, be punished imprisonment for a term not exceeding one year, or with fine not exceeding five hundred thousand rupees, or with both
274. Failure to correctly declare election expenditure.– A candidate for an election under this Act who knowingly submits an incorrect return on expenditures incurred by him, his agent or by some other person on his behalf, shall, on conviction, be punished with imprisonment for a term not exceeding six months, or with fine not exceeding one hundred thousand rupees, or with both.
275. Summary trial.– All offences under this Chapter except the offences under sections 261, 262, 263, 264 and 267 of this Act shall be tried in a summary manner in accordance with the provisions of the Code of Criminal Procedure 1898 (Act V of 1898) but the limit of punishment mentioned therein for trial of an offence in summary manner shall not be applicable to the trial of an offence under this section.
276. Cognizance of offences under this Chapter.– (1) Subject to the provisions of subsection (2), no court shall take cognizance of an offence under this Chapter except upon a complaint in writing of the Deputy Commissioner or the respective district, or by an officer employed in connection with the conduct of election relating which an offence was committed and who was also empowered in this behalf by the Government.
(2) No court shall take cognizance of an offence under sections 271, 272, 273 and 274 of this Act, except upon a complaint in writing made by, or under the authority of the Election Commission.
(3) An offence punishable under sections 261, 262, 263, 264, 266 and 267 shall be cognizable offences within the meanings of section 2(c) of the Code of Criminal Procedure, 1898 (Act V of 1898).
(4) An offence punishable under sections 265, 268, 269, 270, 271, 272, 273 and 274 of this Act shall be non-cognizable offences within the meanings of section 2(l) of the Code of Criminal Procedure, 1898 (Act V of 1898).
Chapter XXXIV – Municipal Offences and their Cognizance
(a) attachment of immoveable property or sale of any movable property, including bank account of the person;
(b) appointment of receiver for the management of the movable or immovable property of the person;
(c) recovery of the amount as arrear of land revenue through the Collector concerned; and
(d) require any entity to deduct and pay the penalty to the local government from whom any amount is due or is likely to be due to the person or who holds, or controls or is likely to control the receipt or disposal of any amount belonging to the person.
Chapter XXXV – Offences Relating to Good Conduct and Conflict of Interest
Chapter XXXVI – Offences Relating to Local Taxes
291. Punishment for failure to provide information on liability to tax etc.– A person who, on being called upon under section 161 of this Act, does not furnish information or furnishes information which in his knowledge is untrue, shall be guilty of an offence punishable with imprisonment for a term not exceeding one months and a fine not exceeding one hundred thousand rupees or with both.
292. Punishment for non-payment of tax etc.– A person against whom a tax, fee, rate, toll or other charge imposed upon him under this Act has become final and he does not pay the same despite demand of the Chief Officer or an officer authorized by him in this behalf, shall be guilty of an offence punishable with imprisonment for a term not exceeding six months and a fine not exceeding five hundred thousand rupees, or with both.
293. Cognizance of offences under this Chapter.– (1) All offences under section 291 and 292 of this Act shall be non-cognizable within the meaning of section 2(l) of the Code of Criminal Procedure, 1898 (V of 1898).
(2) No court shall take cognizance of an offence under sections 291 and 292 of this Act except upon a complaint in writing of the respective Chief Officer or a person authorized by the Government in this behalf.
PART 8
MISCELLANEOUS
Chapter XXXVII – Officers and Servants of Local Governments
Chapter XXXVIII – General Matters
304. Right to information.– (1) Subject to such reasonable restrictions as may be prescribed, every resident may seek any information which is in the possession of the respective local government.
(2) It shall be the duty of the local government to provide full and correct information referred to in subsection (1) within fourteen days of receipt of every request.
(3) Such information, which the government may from time to time direct, shall as far as possible, be displayed at a prominent place within the premises of the office of the local government for access by the citizens.
306. Manner of exercise of authority of the government.– (1) Wherever any duty, authority or power has been imposed or vested upon the Government under this Act, the offices mentioned in the Sixteenth Schedule shall be deemed to have been authorized by the Government for the due discharge of that duty, or exercise of that authority or power without any prejudice to the power of the Cabinet to act in that behalf.
(2) Where no office has been mentioned in the Sixteenth Schedule for the discharge of any duty, or exercise of any authority or power of the Government under this Act, such duty, power or authority shall be discharged or exercised by the Secretary without any prejudice to the power of the Cabinet to act in that behalf as well.
307. Delegation of powers by a local government.– Subject to the rules, a local government may delegate any of its powers, except the powers of the council, to the head of the local government or any of its officers or servants.
(3) Where a local government fails to meet the requirements of subsection (2), the Government may prescribe bye-laws for that local government which shall be valid as if framed by that local government.
(4) Every bye-law shall come into force on publication in the official gazette.
(a) every proceeding, appointment, notification, notice, licence, rule, regulation, bye-law, resolution or direction issued, made or saved under the Punjab Local Government Act, 2013 (XVIII of 2013);
(b) every tax, fee, rate, toll or other charge or sums of money assessed, imposed, collected or due to a local council under the Punjab Local Government Act, 2013 (XVIII of 2013);
(c) every scheme drawn up, contracted or executed under the Punjab Local Government Act, 2013 (XVIII of 2013); and
(d) every instrument or contract executed under the Punjab Local Government Act, 2013 (XVIII of 2013);
which so far as is in force at the commencement of this Act and not inconsistent with the provisions of this Act, shall be deemed to have been done or taken under this Act unless previously altered, modified, cancelled, suspended, surrendered, withdrawn or superseded, as the case may be, under this Act.
313. Amendments in the Fifteenth Schedule.– The Government may, by notification in the official gazette, amend the fines for offences given in the Fifteenth Schedule, or add or remove an offence and in the former case, set the fines for that offence.
314. Removal of difficulties.– The Government may, by order, provide for the removal of any difficulty which may arise in giving effect to the provisions of this Act.
315. Act to override other laws.– The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.
Chapter XXXIX – Transitional Arrangements
316. Interim authorities and continuation of public services.– (1) On coming into force of this Act, all Mayors, Chairmen, Deputy Mayors and councillors of the defunct local governments shall seize to hold their respective offices forthwith.
(2) Without any prejudice to the provisions of subsection (1), all defunct local governments and other offices, agencies and authorities established under the Punjab Local Government Act, 2013 (XVIII of 2013) shall continue providing public services in their respective local areas without any interruption till such time new local governments are constituted under this Act.
(3) Subject to any other relevant law, all officers and servants of the defunct local governments shall continue to discharge their respective duties and exercise their powers with the successor local governments under this Act, till such time they are assigned or transferred to any other local government.
(4) Nothing in this section shall preclude the Government from appropriately re-organizing the defunct local governments or for that matter reorganizing or reassigning any other office or authority established under the Punjab Local Government Act, 2013 (XVIII of 2013).
317. Interim maintenance of offices and authorities to be transferred to local governments under this Act.– Pending the transfer of control of the office, agency or authority referred to in section 21 of this Act, any public service, or duty or other function which at the commencement of this Act is being undertaken or performed by that office, agency or authority shall, notwithstanding any provision of this Act, continue to be undertaken by that office or authority till such time that it is transferred to the local government.
318. Fiscal transfers and taxes etc. to continue.– (1) On coming into force of this Act, where a local government was receiving any fiscal transfer, grant or compensation in lieu of Zilla tax or Octroi, the successor local government shall continue to receive such transfer, grant or compensation.
(2) All taxes, cess, fee, toll, rates, rent, fee or other charges which were being charged under the Punjab Local Government Act, 2013 (XVIII of 2013) shall continue to be charged under this Act, and every person liable to pay such tax, cess, fee, toll, rate, rent, fee or other charge shall continue to pay, unless such tax, cess, fee, toll, rate, fee or other charge is revised, withdrawn or varied under this Act.
319. Fiscal transfers and budget of the succeeding local governments for the first year in office.– (1) If for any reason, on the date of assumption of office by a local government under this Act for the first time, no Finance Commission has been established under section 174 of this Act, provincial allocable amount and the share of transfers to local governments from the provincial allocable amount shall be determined by an interim committee constituted by the Government.
(2) Notwithstanding anything contained in section 131 of this Act, where a local government assumes office under this Act during the currency of a financial year, the estimate of receipts and expenditure of that local government for that year shall cover the remaining period.
320. Salaries and emoluments of officers and servants of the local governments during transition.– (1) On their allocation, re-allocation or transfer under section 316 of this Act, the salary, pensionary benefits and other emoluments of the officers and servants of the defunct local governments and any other office, agency or authority established under the Punjab Local Government Act, 2013 (XVIII of 2013), shall not be reduced or varied to their detriment.
(2) For the removal of any ambiguity in this regard, all officers and servants of the defunct local governments and any other office, agency or authority established under the Punjab Local Government Act, 2013 (XVIII of 2013), shall continue to receive their authorized salary, pensionary benefits and other emoluments up till the time they are allocated, re-allocated or transferred to local governments constituted under this Act.
Composition of Head’s Cabinet for Various Local Governments
Part A – Urban Local Governments
Serial |
Local area population size as per latest
census |
Total members of head’s cabinet |
Maximum permissible number of Councillor
members |
(1) |
(2) |
(3) |
(4) |
1 |
Metropolitan Corporation: more than ten
million |
10 |
5 |
2 |
Metropolitan Corporation: not less than five
and up to ten million |
10 |
5 |
3 |
Metropolitan Corporation: not less than
eleven hundred thousand and up to five million |
8 |
4 |
4 |
Metropolitan or Municipal Corporation: not
less than eight hundred thousand and up to eleven hundred thousand |
7 |
3 |
5 |
Metropolitan or Municipal Corporation: not
less than five hundred thousand and up to eight hundred thousand |
6 |
3 |
6 |
Metropolitan or Municipal Corporation: not
less than two hundred fifty thousand and up to five hundred thousand |
5 |
2 |
7 |
Municipal Committee: not less than one
hundred and twenty-five thousand up to two hundred fifty thousand |
4 |
2 |
8 |
Municipal Committee: not less than
seventy-five thousand up to one hundred and twenty-five thousand |
3 |
1 |
9 |
Town Committee: not less than twenty-five
thousand up to seventy-five thousand |
2 |
1 |
Explanation: For the purpose of removing any ambiguity, the number of professional members of the cabinet shall be worked by subtracting the actual number of councillors appointed as members of the head’s cabinet remaining within the limits given in the fourth column from the total number of total cabinet members given in the third column of the above chart.
Part B – Tehsil Councils
Serial |
Local area population size as per latest
census |
Total members of head’s cabinet |
Maximum permissible number of Councillor
members |
1 |
More than eleven hundred thousand |
8 |
4 |
2 |
Not less than eight hundred thousand up to
eleven hundred thousand |
7 |
3 |
3 |
Not less than five hundred thousand and up
to eight hundred thousand |
6 |
3 |
4 |
Not less than two hundred thousand and up to
five hundred thousand |
5 |
2 |
5 |
Not less than one hundred and twenty-five
thousand and upto two hundred thousand |
4 |
2 |
6 |
Up to one hundred and twenty-five thousand |
3 |
1 |
Explanation: For the purpose of removing any ambiguity, the number of professional members of the cabinet shall be worked by subtracting the actual number of councillors appointed as members of the head’s cabinet remaining within the limits given in the fourth column from the total number of total cabinet members given in the third column of the above chart.
Seats of Councillors in Various Local Governments
Part A – Urban Local Governments
Serial |
Local area population size as per latest
census |
Total seats |
Seats of general councillors |
Seats reserved for religious minorities |
Seats reserved for women |
Seats reserved for workers |
1 |
Metropolitan Corporation: more than ten
million |
70 |
50 |
2 |
10 |
8 |
2 |
Metropolitan Corporation: not less than five
and up to ten million |
63 |
45 |
2 |
9 |
7 |
3 |
Metropolitan Corporation: not less than
eleven hundred thousand and up to five million |
56 |
40 |
2 |
8 |
6 |
4 |
Metropolitan or Municipal Corporation: not
less than eight hundred thousand and up to eleven hundred thousand |
49 |
35 |
2 |
7 |
5 |
5 |
Metropolitan or Municipal Corporation: not
less than five hundred thousand and up to eight hundred thousand |
42 |
30 |
2 |
6 |
4 |
6 |
Metropolitan or Municipal Corporation: not
less than two hundred and fifty thousand and up to five hundred thousand |
35 |
25 |
1 |
5 |
4 |
7 |
Municipal Committee: not less than one
hundred and twenty-five thousand up to two hundred and fifty thousand |
28 |
20 |
1 |
4 |
3 |
8 |
Municipal Committee: not less than
seventy-five thousand up to one hundred and twenty five thousand |
21 |
15 |
1 |
3 |
2 |
9 |
Town Committee: not less than twenty-five
thousand up to seventy five thousand |
14 |
10 |
1 |
2 |
1 |
Part B – Tehsil Councils
Ser |
Tehsil
Council population size as per latest census |
Total seats |
Seats of
general councillors |
Seats reserved for religious minorities |
Seats
reserved for women |
Seats of
reserved for peasants |
1 |
More than
eleven hundred thousand |
56 |
40 |
2 |
8 |
6 |
2 |
Not less than
eight hundred thousand and up to eleven hundred thousand |
49 |
35 |
2 |
7 |
5 |
3 |
Not less than
five hundred thousand and up to eight hundred thousand |
42 |
30 |
2 |
6 |
4 |
4 |
Not less than
two hundred thousand and up to five hundred thousand |
35 |
25 |
1 |
5 |
4 |
5 |
Not less than
one hundred thousand and twenty-five thousand and up to two hundred thousand |
28 |
20 |
1 |
4 |
3 |
6 |
Up to one
hundred and twenty-five thousand |
21 |
15 |
1 |
3 |
2 |
Functions of a Metropolitan Corporation, Municipal Corporation and Municipal Committee
Part I
(a) Economic and value chain development;
(b) Management of primary, elementary and secondary education facilities;
(c) School enrolment and universal education;
(d) Monitoring and supervision of primary health care facilities;
(e) Preventive health and hygiene;
(f) Population welfare including population control;
(g) Solid waste collection and disposal;
(h) Sewerage collection and disposal including water management and treatment;
(i) Building control and land use;
(j) Births, deaths, marriages and divorce registration;
(k) Museums and art galleries;
(l) Open markets;
(m) Livestock and agriculture markets;
(n) Public parking facilities;
(o) City roads and traffic management;
(p) Public transport;
(q) Abstraction of water for industrial and commercial purposes;
(r) Emergency planning and relief;
(s) Support to provincial agencies in prevention of crime and maintenance of public order; and
(t) Regulatory enforcement in the functions assigned under Part 1 and 2 of this Schedule;
Part 2
(u) Establishment and management of pre-schools;
(v) Libraries;
(w) Drinking water supply;
(x) Burials, cremations etc.;
(y) Public conveniences;
(z) Children's services;
(aa) Community safety;
(bb) Arts and recreation;
(cc) Public fairs and ceremonies;
(dd) Sports;
(ee) Environmental health, awareness and services;
(ff) Parks and landscape development;
(gg) Slaughtering of animals;
(hh) Street lights; and
(ii) Sign boards and street advertisements.
Fourth Schedule
(See section 21)
Functions of a Town Committee
Part I
(a) Economic and value chain development;
(b) Management of primary, elementary and secondary education facilities;
(c) School enrolment and universal education;
(d) Monitoring and supervision of primary health care facilities;
(e) Preventive health and hygiene;
(f) Population welfare including population control;
(g) Solid waste collection and disposal;
(h) Sewerage collection and disposal including water management and treatment;
(i) Building control and land use;
(j) Births, deaths, marriages and divorce registration;
(k) Livestock and agriculture markets;
(l) Farm to market roads;
(m) Abstraction of water for industrial and commercial purposes;
(n) Emergency planning and relief;
(o) Support to provincial agencies in prevention of crime and maintenance of public order; and
(p) Regulatory enforcement in the functions assigned under Part 1 and 2 of this Schedule;
Part 2
(q) Establishment and management of pre-schools;
(r) Libraries;
(s) Drinking water supply;
(t)
Burials, cremations etc.;
(u) Public conveniences;
(v) Children's services;
(w) Community safety;
(x) Arts and recreation;
(y) Public fairs and ceremonies;
(z) Sports;
(aa) Environmental health, awareness, services;
(bb) Parks and landscape development;
(cc) Slaughtering of animals;
(dd) Street lights; and
(ee) Sign boards and street advertisements.
Fifth Schedule
(See section 21)
Functions of a Tehsil Council
Part I
(a) Management of primary, elementary and secondary education facilities;
(b) School enrolment and universal education;
(c) Monitoring and supervision of primary health care facilities;
(d) Preventive health and hygiene;
(e) Population welfare including population control;
(f) Solid waste collection and disposal;
(g) Sewerage collection and disposal including water management and treatment;
(h) Building control and land use;
(i) Births, deaths, marriages and divorce registration;
(j) Museums and art galleries;
(k) Open markets;
(l) Animal husbandry;
(m) Agriculture extension;
(n) Livestock and agricultural markets;
(o) Farm to market roads;
(p) Abstraction of water for industrial and commercial purposes;
(q) Emergency planning and relief;
(r) Support to provincial agencies in prevention of crime and maintenance of public order; and
(s) Regulatory enforcement in the functions assigned under Part 1 and 2 of this Schedule;
Part II
(t) Establishment and management of pre-schools;
(u) Libraries;
(v) Drinking water supply;
(w) Burials, cremations etc.;
(x) Public conveniences;
(y) Children's services;
(z) Community safety;
(aa) Arts and recreation;
(bb) Public fairs and ceremonies;
(cc) Sports;
(dd) Environmental health, awareness, services;
(ee) Parks and landscape development;
(ff) Slaughtering of animals;
(gg) Street lights; and
(hh) Sign boards and street advertisements.
(ii)
Sixth Schedule
(See section 109)
Declaration on Finality of Prophethood
I, (mention here the name of the candidate taking oath), son of, wife of or the daughter of (mention here the name of father of the candidate and in case the candidate is a married female, the name of her husband) do hereby solemnly swear that I believe in the absolute and unqualified finality of the Prophethood of Hazrat Muhammad (Peace be upon him), the last of the prophets, and that I am not the follower of anyone who claims to be a Prophet in any sense of the word or of any description whatsoever after Hazrat Muhammad (peace be upon him), and that I do neither recognize such a claimant to be Prophet or religious reformer nor do I belong to the Qadiani group or the Lahori group or call myself Ahmadi.
Date: |
Signature of the Declarant |
Seventh Schedule
(See section 114)
Oath of Office of the Head of the Local Government
(in the name of Allah, the most Beneficent, the most Merciful)
That, I shall bear true faith and allegiance to Pakistan and would always work to strengthen its ideology, integrity, solidarity and prosperity;
And that, I shall perform my duties under the Punjab Local Government Act, 2019 and rules, bye-laws and regulations made under it and all other applicable laws, honestly, efficaciously and efficiently to the best of my ability;
And that I shall, as (mention here the office of the head of the local government viz. Lord Mayor, Mayor of Chairperson), always work in the best interest of the residents without any favour or prejudice and shall not allow my personal interest to influence my official conduct or my official decision;
And that I shall, to the best of my ability, use moneys and resources of the (mention the name of the local government) in the best interest of the residents and would do all what is required to prevent misuse or misappropriation of such money or resources;
And that in all circumstances I shall do right to all people according to law without fear or favour, ill will, or discrimination;
And that I shall, always act according to and uphold and promote democratic values;
And that I shall not directly or indirectly communicate or reveal to any person any matter which shall become known to me in my official capacity, except as may be required for the due discharge of my duties.
May Allah Almighty, or (in case the Mayor is a non-Muslim) God, help and guide me (A’meen)
Countersigned Signature
and seal of the |
Signature
of the Declarant |
Oath of the Office of the Convenor
(in the name of Allah, the most Beneficent, the most Merciful)
I, (mention here the name of the convenor taking oath), son of, wife of or the daughter of (mention here the name of father of the convenor and in case the convenor is a married female, the name of her husband) elected as convenor of (mention here the name of respective local government) do hereby solemnly (in case the convenor is a Muslim) swear, or (in case the convenor is a non-Muslim) affirm:
That, I shall bear true faith and allegiance to Pakistan and would always work to strengthen its ideology, integrity, solidarity and prosperity;
And that, I shall perform my duties under the Punjab Local Government Act, 2019 and rules, bye-laws and regulations made under it and all other applicable laws, honestly, efficaciously and efficiently to the best of my ability;
And that I shall, as a convenor, always work in the best interest of the residents and shall not allow my personal interest to influence my official conduct or my official decision;
And that I shall, to the best of my ability, use moneys and resources of the (mention the name of the local government) in the best interest of the residents and would do all what is required to prevent misuse or misappropriation of such money or resources;
And that in all circumstances I shall do right to all people according to law without fear or favour, ill will, or discrimination;
And that I shall, always act according to and uphold and promote democratic values;
And that I shall not directly or indirectly communicate or reveal to any person any matter which shall become known to me in my official capacity, except as may be required for the due discharge of my duties.
May Allah Almighty, or (in case the convenor is a non-Muslim) God, help and guide me (A’meen)
Countersigned Signature and seal of the |
Signature of the Declarant |
(in the name of Allah, the most Beneficent, the most Merciful)
I, (mention here the name of the councillor taking oath), son of, wife of or the daughter of (mention here the name of father of the councillor and in case the councillor is a married female, the name of her husband) elected as councillor to (mention here the name of respective local government) do hereby solemnly (in case the councillor is a Muslim) swear, or (in case the councillor is a non-Muslims) affirm:
That, I shall bear true faith and
allegiance to
And that, I shall perform my duties under the Punjab Local Government Act, 2019 and rules, bye-laws and regulations made under it and all other applicable laws, honestly, efficaciously and efficiently to the best of my ability;
And that I shall, as a councillor, always work in the best interest of the residents and shall not allow my personal interest to influence my official conduct or my official decision;
And that I shall, to the best of my ability, use moneys and resources of the (mention the name of the local government) in the best interest of the residents and would do all what is required to prevent misuse or misappropriation of such money or resources;
And that in all circumstances I shall do right to all people according to law without fear or favour, ill will, or discrimination;
And that I shall, always act according to and uphold and promote democratic values;
And that I shall not directly or indirectly communicate or reveal to any person any matter which shall become known to me in my official capacity, except as may be required for the due discharge of my duties.
May Allah Almighty, or (in case the councillor is a non-Muslim) God, help and guide me (A’meen)
Countersigned Signature and seal of the |
Signature of the Declarant |
Declaration of Immediate Relatives etc.
I, (mention here the name of the declarant), son of, wife of or the daughter of (mention here the name of father of the declarant and in case the declarant is a married female, the name of her husband) elected as or holding the office of (mention here the office of the declarant ) of (mention here the name of respective local government) do hereby declare that my immediate relatives, or employer or employee, or persons intimately known to me who either hold, or are a candidate for appointment to any office of the local government or a contract for supply of goods or services or for any other purpose under the local government are as under:-
(a) (mention here the name, father’s name of the person declared or in case the person declared is a married female, the name of her husband, the position held or to which that person is a candidate for or the respective contract for supply of goods or services of for any purpose under the local government)
(b) ……
(c) ……
Countersigned Signature and seal of the |
Signature of the Declarant |
Ninth
Schedule
Declaration of Assets
I, (mention here the name of declarant), son of, wife of or the daughter of (mention here the name of father of declarant and in case the declarant is a married female, the name of her husband) elected as or holding the office of (mention here the office of the declarant ) of (mention here the name of respective local government) do hereby declare that I and my parents, spouse, children and dependant(s) own following assets:-
A |
Immovable Property: Land |
|||||||||||||||||||
Ser |
Location |
Area |
Nature (agricultural, residential,
commercial etc.) |
Present value |
Name of owner |
Extent of declarant’s interest |
Date of acquisition |
Manner of acquisition |
Remarks |
|||||||||||
1 |
|
|
|
|
|
|
|
|
|
|||||||||||
2 |
|
|
|
|
|
|
|
|
|
|||||||||||
3 |
|
|
|
|
|
|
|
|
|
|||||||||||
4 |
|
|
|
|
|
|
|
|
|
|||||||||||
B |
Immovable Property: Residential Property |
|||||||||||||||||||
Ser |
Address |
Area |
Present use |
Present value |
Name of owner |
Extent of declarant’s interest |
Date of acquisition |
Manner of acquisition |
Remarks |
|||||||||||
1 |
|
|
|
|
|
|
|
|
|
|||||||||||
2 |
|
|
|
|
|
|
|
|
|
|||||||||||
3 |
|
|
|
|
|
|
|
|
|
|||||||||||
4 |
|
|
|
|
|
|
|
|
|
|||||||||||
C |
Immovable Property: Other description |
|||||||||||||||||||
Ser |
Address |
Area |
Present use |
Present value |
Name of owner |
Extent of declarant’s interest |
Date of acquisition |
Manner of acquisition |
Remarks |
|||||||||||
1 |
|
|
|
|
|
|
|
|
|
|||||||||||
2 |
|
|
|
|
|
|
|
|
|
|||||||||||
3 |
|
|
|
|
|
|
|
|
|
|||||||||||
4 |
|
|
|
|
|
|
|
|
|
|||||||||||
A |
Movable Property: Cash in hand, Credit,
Insurance Policy, Debenture, Shares etc. |
|||||||||||||||||||
Ser |
Description |
Present value |
Name of owner |
In case of loan, name of
creditor and relationship between creditor with declarant |
Date of acquisition |
Manner of acquisition |
Remarks |
|||||||||||||
1 |
|
|
|
|
|
|
|
|||||||||||||
2 |
|
|
|
|
|
|
|
|||||||||||||
3 |
|
|
|
|
|
|
|
|||||||||||||
B |
Movable Property: Businesses |
|||||||||||||||||||
Ser |
Description |
Capital |
Name of owner |
Date of acquisition |
Manner of acquisition |
Remarks |
||||||||||||||
1 |
|
|
|
|
|
|
||||||||||||||
2 |
|
|
|
|
|
|
||||||||||||||
3 |
|
|
|
|
|
|
||||||||||||||
C |
Movable Property: Motor Vehicles |
|||||||||||||||||||
Ser |
Description (make, model,
registration) |
Present value |
Name of owner |
Date of acquisition |
Manner of acquisition |
Remarks |
||||||||||||||
1 |
|
|
|
|
|
|
||||||||||||||
2 |
|
|
|
|
|
|
||||||||||||||
3 |
|
|
|
|
|
|
||||||||||||||
D |
Movable Property: Bank Account(s) |
|||||||||||||||||||
Ser |
Account number, title, Bank and
Branch |
Present value |
Name of account holder |
Date of acquisition |
Manner of acquisition |
Remarks |
||||||||||||||
1 |
|
|
|
|
|
|
||||||||||||||
2 |
|
|
|
|
|
|
||||||||||||||
3 |
|
|
|
|
|
|
||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
I hereby declare that the Declaration m ado above is complete, true and correct to the best of my knowledge and belief.
Signature of the Declarant
Tenth Schedule
(see section 156)
Taxes, Fees, Rates and Tolls of Various Local Government
Part - I
Metropolitan Corporation, Municipal Corporations and Municipal Committees
(a) Tax on urban immovable property;
(b) Entertainment tax on dramatic and theatrical shows;
(c) Tax on the transfer of immovable property;
(d) Water rate;
(e) Drainage rate;
(f) Conservancy rate;
(g) Fee for approval of building plans, erection and re-erection of buildings;
(h) Fee for change of land use of a land or building as prescribed;
(i) Fee for licenses, sanctions and permits;
(j) Fee on the slaughter of animals;
(k) Fee for licensing of professions or vocations as may be prescribed;
(l) Market fees;
(m) Tax on advertisement and billboards;
(n) Toll tax on roads, bridges and ferries maintained by the respective Metropolitan Corporation, Municipal Corporation or the Municipal Committee;
(o) Fee at fairs and industrial exhibitions;
(p) Fee for specific services rendered by the local government;
(q) Fee for registration and certification of births and marriages;
(r) Tax for the construction or maintenance of any work of public utility;
(s) Parking fee;
(t) Water conservancy charge from the owner or occupier of a house or any other building;
(u) Tax on installation of Base Transceiver Station/Tower;
(v) Fee for licensing of professions or vocations as prescribed;
(w) Any other tax or levy authorized by the Government.
Part - II
Town Committees
(a) Tax on urban immovable property;
(b) Tax on the transfer of immovable property;
(c) Water rate;
(d) Drainage rate;
(e) Conservancy rate;
(f) Fee for approval of building plans, erection and re-erection of buildings;
(g) Fee for change of land use of a land or building as prescribed;
(h) Fees on the slaughter of animals;
(i) Market fees;
(j) Tax on advertisement and billboards; and
(k) Parking fees.
Part - III
Tehsil Councils
(a) Tax on the transfer of immovable property;
(b) Fees for licenses, sanctions and permits granted by the Tehsil Council;
(c) Market fees for the markets maintained by the Tehsil Council;
(d) Local rate on lands assessable to land revenue;
(e) Rates on the services provided by the Tehsil Council;
(f) Fees at fairs, agricultural shows and industrial exhibitions;
(g) Fees for specific services rendered by the Tehsil Council;
(h) Toll on bridges and ferries maintained by the respective Tehsil Council.
(i) Tax for the construction or maintenance of a work of public utility;
(j) Tax on advertisement and billboards;
(k) Fee for approval of building plans, erection and re-erection of building for industrial or commercial purposes and such residential buildings which are located in a private housing scheme;
(l) Fee for change of land use of a land or building as prescribed;
(m) Water conservancy charge from the owner or occupier of a house or any other building;
(n) Tax on installation of Base Transceiver Station/Tower;
(o) Fee for licensing of professions or vocations as prescribed; and
(p) Any other tax or levy authorized by the Government.
(in the name of Allah, the most Beneficent, the most Merciful)
I, (mention here the name of the member taking oath), on being appointed as a member of the Punjab Finance Commission, do hereby solemnly affirm:
That, I shall bear true faith and
allegiance to
And that, I shall perform my duties in accordance with the spirit of the provisions of Punjab Local Government Act, 2019 and rules, bye-laws and regulations made under it as well as the other applicable laws, honestly, efficaciously and efficiently to the best of my ability;
And that I shall, as a member of Punjab Finance Commission, always work in the best interest of the citizens of the Punjab and shall not allow my personal interest to influence my official conduct or my official decision;
And that in all circumstances I shall do right to all people according to law without fear or favour, ill will, or discrimination;
And that I shall not directly or indirectly communicate or reveal to any person any matter which shall become known to me in my official capacity, except as may be required for the due discharge of my duties.
May Allah Almighty, or (in case the councillor is a non-Muslim) God, help and guide me (A’meen)
Countersigned Signature and seal of the |
Signature of the Declarant |
Twelfth Schedule
(See section 232)
Grounds for Suspension or Removal of a Head of the local government, Convenor or Councillor
Thirteenth Schedule
(See section 233)
Grounds for Suspension or Removal of a Council
Oath
of Office for Member of
(in the name of Allah, the most Beneficent, the most Merciful)
I, (mention here the name of the member taking oath), on being appointed as a member of the Punjab Local Government Commission, do hereby solemnly affirm:
That, I
shall bear true faith and allegiance to
And that, I shall perform my duties in accordance with the spirit of the provisions of Punjab Local Government Act, 2019 and rules, bye-laws and regulations made under it as well as the other applicable laws, honestly, efficaciously and efficiently to the best of my ability;
And that I shall, as a member of Punjab Local Government Commission, always work in the best interest of the citizens of the Punjab and shall not allow my personal interest to influence my official conduct or my official decision;
And that in all circumstances I shall do right to all people according to law without fear or favour, ill will, or discrimination;
And that I shall not directly or indirectly communicate or reveal to any person any matter which shall become known to me in my official capacity, except as may be required for the due discharge of my duties.
May Allah Almighty, or (in case the member is a non-Muslim) God, help and guide me (A’meen)
Countersigned Signature and
seal of the |
Signature of
the Declarant |
Municipal Offences
Serial |
Offence |
First stage administrative penalty |
Administrative penalty by enforcement officer |
Imprisonment or fine to be imposed upon a person on conviction by a
competent court (maximum limit) |
A |
Offences relating to unlawful use of
public space |
|||
(1) |
Obstructing
or tampering with any road, street, drain or pavement |
Rupees one thousand |
Rupees one thousand to four thousand |
Imprisonment of seven days, or fine of
rupees ten thousand or both |
(2) |
Fixing of wooden cabins or temporary
shops or extension thereof on footpaths or beyond the street line |
Rupees two
thousand |
Rupees two thousand to eight thousand |
Imprisonment of seven days, or fine of
rupees fifteen thousand or both |
(3) |
Immovable encroachment in or on or under
any property or any open space or land vested in or managed, maintained or
controlled by a local government. |
Rupees thirty thousand, removal at encroacher’s expense |
Rupees fifty thousand to one hundred
thousand, removal at encroacher’s expense |
Imprisonment for thirty days, or fine of
rupees three hundred thousand, or both and removal of encroachment at
encroacher’s expense |
(4) |
Erection or re-erection of building over
set back area or parking area or building line area required to be left open
under the rules for using such space for any purpose which is not approved. |
Rupees thirty thousand , removal at encroacher’s expense |
Rupees fifty thousand to one hundred
thousand, removal at encroacher’s expense |
Imprisonment for thirty days, or fine of
rupees three hundred thousand, or both and removal of encroachment at
encroacher’s expense |
(5) |
Changing or converting into any other
use any portion of a commercial building or area specified or earmarked for
public parking. |
Rupees one hundred and fifty thousand,
removal at encroacher’s expense |
Rupees three hundred thousand to five
hundred thousand, removal at encroacher’s expense |
Imprisonment for three months, or fine of
rupees five hundred thousand, or both and removal of encroachment at
encroacher’s expense |
(6) |
Plying of handcarts for the sale of
goods without permission |
Rupees eight hundred |
Rupees one thousand to two thousand |
Imprisonment of seven days, or fine of
rupees five thousand or both |
(7) |
Picketing, parking animals or collecting
carts or vehicles on any street, using any street as a halting place for
vehicle or animals or as a place encampment without the permission of the
local government. |
Rupees eight hundred |
Rupees one thousand to two thousand |
Imprisonment of seven days, or fine of
rupees five thousand or both |
(8) |
Establishing or running any restaurant
or vending stalls for eatables on any road, street, footpath, public place,
over a drain, or any other property vesting in or managed or controlled by a
local government without permission |
Rupees twenty five thousand, removal at encroacher’s
expense |
Rupees thirty thousand to one hundred
thousand, removal at encroacher’s expense |
Imprisonment for thirty days, or fine of
rupees three hundred thousand, or both and removal of encroachment at
encroacher’s expense |
(9) |
Fixing any bill, notice, play card,
poster or other paper or means of advertisement against or upon any private
or public building or place other than the places fixed for the purpose by a
local government. |
Rupees five
thousand |
Rupees five thousand to twenty thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(10) |
Exhibiting any obscene advertisement. |
Rupees ten thousand |
Rupees thirty thousand |
Imprisonment of one month, or fine of
rupees one hundred thousand or both |
(11) |
Establishing
any parking stand on any property or on any open space and public park or
land vested in or managed, maintained or controlled by a local government on
or under a street, road, graveyard or a drain without the sanction of the
concerned local government. |
Rupees
twenty five thousand, removal at encroacher’s expense |
Rupees thirty thousand to one hundred
thousand, removal at encroacher’s expense |
Imprisonment for thirty days, or fine of
rupees three hundred thousand, or both and removal of encroachment at
encroacher’s expense |
(12) |
Establishing any bus, wagon, taxi or
other commercial motorized or non-motorized vehicle stand, for purposes of
plying them on different routes, on any road, street, footpath, public place
or any other property vested or managed or controlled or maintained by a
local government without its permission. |
Rupees one hundred thousand |
Rupees one hundred thousand to five hundred
thousand |
Imprisonment of six months, or fine of
rupees one million or both |
B |
Offences relating to littering and
spoiling |
|||
(13) |
Failure of the owner or occupier of an
industrial or large commercial unit to cause or to knowingly or negligently
allow the contents of any sink, sewer or cesspool or any other offensive
matter to flow, or drain or to be put upon any street, or public place, or
into irrigation channel or any sewer or drain not set apart for the purpose |
Rupees
one hundred thousand |
Rupees one hundred thousand to five hundred
thousand |
Imprisonment of six months, or fine of
rupees one million or both |
(14) |
Failure by the owner or occupier of a house or
small shop to cause or to knowingly or negligently allow the contents of any
sink, sewer or cesspool or any other offensive matter to flow, or drain or to
be put upon any street, or public place, or into irrigation channel or any
sewer or drain not set apart for the purpose |
Rupees
four thousand |
Rupees five thousand to twenty thousand |
Imprisonment of seven days, or fine of
rupees one hundred thousand or both |
(15) |
Throwing
or placing any refuse, litter or garbage on any street, or in any place, not
provided or appointed for the purpose by a local government. |
Rupees
five hundred |
Rupees five hundred thousand to five
thousand |
Imprisonment of seven days, or fine of
rupees ten thousand or both |
(16) |
Failure
to provide for disposal of litter or garbage inside or outside a shop by its
owner or occupier. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees thirty thousand or both |
(17) |
Failure
to maintain clean premises of the area in front of a shop or office up to the
public street or road serving this facility. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of rupees
thirty thousand or both |
(18) |
Failure
to maintain clean premises of the area in front of a factory up to the public
street or road serving this facility. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees one hundred thousand or both |
(19) |
Failure
to provide, close, remove, alter, repair, clean, disinfect or put in proper
order any latrine, urinal drain, cesspool or other receptacle for filth, sullage,
water or refuse by an owner or occupier of a house, shop or office or
premises. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees two thirty thousand or both |
(20) |
Failure
to provide, close, remove, alter, repair, clean, disinfect or put in proper
order any latrine, urinal drain, cesspool or other receptacle for filth, sullage,
water or refuse by an owner or occupier of an industry |
Rupees
forty thousand |
Rupees one hundred thousand to five hundred
thousand |
Imprisonment of seven days, or fine of
rupees ten hundred thousand or both |
(21) |
Failure
to clean the premises, houses, shops and cultivated lands of the plastic bags
and other non-perishable materials. |
Rupees
two thousand |
Rupees three thousand to ten thousand |
Imprisonment of seven days, or fine of
rupees one twenty thousand or both |
(22) |
Damaging
or polluting physical environment, inside or outside private or public
premises, in a manner to endanger public health. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
(23) |
Dumping
of solid waste and refuse by any person or entity on a place other than
landfill or dumping site, notified or designated by the concerned local
government. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
C |
Offences relating to cattle, animals and
pets |
|||
(24) |
Keeping
or maintaining any cattle in any part of city where keeping of cattle is prohibited
or failure to remove the cattle from the prohibited zone within the specified
time when an order to this effect has been made |
Rupees
three thousand |
Rupees four thousand to ten thousand |
Imprisonment of one month, or fine of
rupees thirty thousand or both |
(25) |
Keeping ferocious dogs or other animals in
residential areas or taking such animals to public places or the areas
specified by the local government, without leash or chain and without being
muzzled or to set at large any animal or dog infected with rabies or any
other infectious disease. |
Rupees
eight hundred |
Rupees one thousand to four thousand |
Imprisonment of seven days, or fine of
rupees ten thousand or both |
(26) |
Obstructing
lawful seizure of animals liable to be impounded on the ground of violations
of rules or bye-laws governing the picketing, tethering, keeping, milching or
slaughter of animals or their trespass of private or public property. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
(27) |
Causing
or permitting animals to stray or keeping, tethering, stalling, feeding or
gazing any cattle on any road, street or thoroughfare or in any public place
or damaging or causing or permitting to be damaged any road, street or
thoroughfare by allowing cattle to move thereon. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(28) |
Watering
cattle or animals, or bathing or washing at or near a well or other source of
drinking water for the public. |
Rupees
seven thousand |
Rupees fifteen thousand to thirty thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(29) |
Feeding
or allowing to be fed an animal meant for dairy or meat purposes, on
deleterious substance, filth or refuse of any kind which is dangerous to
health of consumers. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
(30) |
Causing
or permitting to be caused by any owner or keeper of an animal which, through
neglect or otherwise, damages any land or crop or produce of land, or any
public road. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of rupees
fifty thousand or both |
(31) |
Selling
of individual cattle and animal in contravention of any law, rule or bye-laws
of a local government. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
(32) |
Establishment
and operation of a cattle market in contravention of any law, rule or
bye-laws of a local government |
Rupees two hundred thousand |
Rupees five hundred thousand to one million |
Imprisonment for three months, or fine of
rupees two million, or both |
(33) |
Keeping
pigeon or other birds in a manner causing danger to air traffic |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
D |
Offences relating to disposal of dead and
carcasses of animals etc. |
|||
(34) |
Burying or burning a dead body at a place which
is not a public or registered burial or burning place, except with the
sanction of the local government. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(35) |
Disposal
of carcasses of animals within prohibited distance. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(36) |
Failure
to dispose of offal, fat or any organ or part of a dead animal in a place set
apart for the purpose by the local government. |
Rupees
two thousand |
Rupees three thousand to ten thousand |
Imprisonment of seven days, or fine of
rupees one twenty thousand or both |
E |
Offences relating to unlawful
interference with local government properties and infrastructure |
|||
(37) |
Obstructing
or tampering with any main pipe, meter or any apparatus or appliance for the
supply of water or sewerage system. |
Rupees
ten thousand |
Rupees ten thousand to fifty thousand |
Imprisonment of one month, or fine of
rupees one hundred thousand or both |
(38) |
Owner
or occupier of a house or shop drawing off, diverting or taking any water
except with the previous permission of the local government |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees one hundred thousand or both |
(39) |
Owner
or occupier of an industrial or a large commercial unit drawing off,
diverting or taking any water except with the previous permission of the
local government |
Rupees
seventy thousand |
Rupees one hundred thousand to three hundred
thousand |
Imprisonment of one month, or fine of
rupees five hundred thousand or both |
(40) |
Laying out a drain or altering a drain in a street or
road without the previous sanction of the local government |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(41) |
Connecting any house drain with a drain in a public
street without the previous sanction of the local government |
Rupees three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(42) |
Defacing or disturbing, without due
authorization, any direction-post, lamp post or lamp extinguishing or any
light arranged by a local government. |
Rupees
two thousand |
Rupees three thousand to ten thousand |
Imprisonment of seven days, or fine of
rupees one twenty thousand or both |
(43) |
Failure
to deliver back possession of property to the local government on
cancellation and expiration of lease. |
Rupees
seventy thousand |
Rupees one hundred thousand to two hundred
thousand |
Imprisonment of one month, or fine of
rupees one five hundred thousand or both |
F |
Offences
relating to sources of water supply etc. |
|||
(44) |
Steeping
hemp, jute or any other plant in or near a pond or any other excavation
within such distance of the residential area as may be specified by a local
government. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(45) |
Failure
by the owner or occupier of any land or building to clean, repair, cover,
fill up or drain off any private well, tank or other source of water supply,
which is declared under this Act to be injurious to health or offensive to
the neighbourhood. |
Rupees
seven thousand |
Rupees fifteen thousand to thirty thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(46) |
Failure
to stop leakages of water pipes, faucets and sanitary fittings resulting in
dirty water pools affecting physical environments and breeding of mosquitoes. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(47) |
Failure
of an owner or occupier of any building or land to put up and keep in good
condition troughs and pipes for receiving or carrying water or sullage water. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(48) |
Extraction
of water for industrial or commercial purposes without approval |
Rupees
seventy thousand |
Rupees hundred thousand to three hundred
thousand |
Imprisonment of fourteen days, or fine of
rupees five hundred thousand or both |
(49) |
Extraction
of water from a natural stream, lake, pond or other water body of historic
significance |
Rupees
three thousand |
Rupees five thousand to ten thousand |
Imprisonment of seven days, or fine of
rupees twenty thousand or both |
G |
Offences relating to maintenance of
trees, plants and hedges etc. |
|||
(50) |
Failure
by the owner or occupier of any land to cut or trim the hedges growing
thereon which overhang any well, tank or other source from which water is
derived for public use. |
Rupees eight hundred |
Rupees one thousand to four thousand |
Imprisonment of seven days, or fine of
rupees ten thousand or both |
(51) |
Failure
by the owner or occupier of any land to clear away and remove any vegetation
declared by a local government to be injurious to health or offensive to
neighbourhoods |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(52) |
Illegally
cutting down of any tree, from any street or road of a local government road |
Rupees
thirty thousand |
Rupees fifty thousand to one hundred
thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
H |
Offences
relating to public nuisance and public health |
|||
(53) |
Loud
playing of music or radio, beating of drum or tom-tom, blowing a horn or
beating or sounding any brass or other instruments or utensils in
contravention of any general or special prohibition issued by a local
government or in and around a hospital or an educational institution. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of rupees
fifty thousand or both |
(54) |
Loud
shouting in abusive language causing distress to the inhabitants of a
neighbourhood or village or any other public place. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(55) |
Using
or allowing the use for human habitation of a building declared by a local
government to be unfit for human habitation. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
(56) |
Failure to lime-wash or repair a building, if so
required by local government. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees fifty thousand or both |
(57) |
Begging
importunately for alms by exposing any deformity or disease or any offensive
sore or wound to solicit charity. |
Rupees eight hundred |
Rupees one thousand to four thousand |
Imprisonment of seven days, or fine of
rupees ten thousand or both |
(58) |
Discharging any dangerous chemical, inflammable,
hazardous or offensive article in any drain, or sewer, public water course or
public land vested in or managed, maintained or controlled by the local
government in such manner as causes or is likely to cause danger to persons
passing by or living or working in neighbourhood, or risk or injury to
property. |
Rupees
thirty thousand |
Rupees fifty thousand to one hundred
thousand |
Imprisonment of one month, or fine of
rupees two hundred thousand or both |
(59) |
Failure
of industrial or commercial concerns to provide adequate and safe disposal of
affluent or prevention of their mixing up with the water supply or sewerage
system. |
Rupees
seventy thousand |
Rupees hundred thousand to two hundred
thousand |
Imprisonment of one month, or fine of rupees
five hundred thousand or both |
(60) |
Cultivation
of agriculture produce or crop, for supply or sale to public using such
manure, or irrigating it with sewer water or any such liquid as may be
injurious to public health or offensive to the neighbourhood. |
Rupees
twenty thousand |
Rupees thirty thousand to fifty thousand |
Imprisonment of one month, or fine of
rupees one hundred thousand or both |
I |
Offences relating to land use and
building control |
|||
(61) |
Undertaking
of a site development scheme without approval, violation of any prohibition
provided in the master land use plan or sanctioned site development schemes
under this Act or any other law for the time being in force including the plans
and schemes sanctioned under the repealed enactments. |
Rupees
one hundred thousand |
Rupees one hundred thousand to one million |
Imprisonment of one month, or fine of
rupees five million or both |
(62) |
Erection
or re-erection of a building without the sanction required under this Act or
using a building for a purpose which may endanger public safety |
Rupees one hundred thousand and removal at
owner’s expense |
Rupees one hundred thousand to one million
and removal at owner’s expense |
Imprisonment of one month, or fine of
rupees five million or both and removal at owner’s expense |
(63) |
Establishing
a brick kiln and lime kiln within such distance of a residential area as may
be specified by the local government. |
Rupees seventy thousand and removal at
owner’s expense |
Rupees one hundred thousand to three
hundred thousand and removal at owner’s expense |
Imprisonment of one month, or fine of
rupees five hundred thousand or both and removal at owner’s expense |
J |
Offences relating to public safety |
|||
(64) |
Manufacturing,
storing, trading or carrying fire crackers, fire balloons or detonators or
any dangerous chemical, inflammable, hazardous or offensive article or material
without license from concerned authority. |
Rupees
ten thousand |
Rupees fifteen thousand to fifty thousand |
Imprisonment of fifteen days, or fine of
rupees one hundred thousand or both |
(65) |
Excavation
of earth, stone or any other material within such distance of the residential
area as specified by the local government. |
Rupees
thirty thousand |
Rupees fifty thousand to one hundred
thousand |
Imprisonment of one month, or fine of
rupees five hundred thousand or both |
(66) |
Failure
to demolish or otherwise secure a building declared by the local government
to be dangerous building. |
Rupees
fifteen thousand and removal at
owner’s expense |
Rupees twenty thousand to fifty thousand
and removal at owner’s expense |
Imprisonment of one month, or fine of
rupees one hundred thousand or both and removal at owner’s expense |
(67) |
Digging
of public land without the permission in writing of local government. |
Rupees
ten thousand |
Rupees fifteen thousand to fifty thousand |
Imprisonment of fifteen days, or fine of
rupees one hundred thousand or both |
(68) |
Quarrying,
blasting, cutting timber or carrying building operations in such manner as
causes or is likely to cause danger to persons passing by or living or
working in the neighbourhood. |
Rupees
thirty thousand |
Rupees fifty thousand to one hundred
thousand |
Imprisonment of one month, or fine of
rupees five hundred thousand or both |
(69) |
Dyeing
or tanning skins within such distance of any commercial or residential areas
as may be specified by the local government. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of one month, or fine of
rupees one hundred thousand or both |
(70) |
Crushing
and grinding of limestone and quartz without approval |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of one month, or fine of
rupees one hundred thousand or both |
K |
Other
offences |
|||
(71) |
Failure
to furnish, on requisition, information in respect of any matter which a
local government is authorized to call for under any of the provisions of this
Act, rules or bye-laws or furnishing wrong information. |
Rupees eight hundred |
Rupees one thousand to two thousand |
Imprisonment of seven days, or fine of
rupees five thousand or both |
(72) |
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. |
Rupees
thirty-five thousand |
Rupees fifty thousand to one hundred
thousand |
Imprisonment of one month, or fine of
rupees five hundred thousand or both |
(73) |
Preparing
or using counterfeit or proscribed Forms of the local government. |
Rupees
twenty thousand |
Rupees thirty thousand to fifty thousand |
Imprisonment of one month, or fine of
rupees one hundred thousand or both |
(74) |
Wilfully
obstructing any officer or servant of a local government or any person
authorized to exercise power conferred under this Act. |
Rupees
thirty thousand |
Rupees fifty thousand to one hundred
thousand |
Imprisonment of one month, or fine of
rupees five hundred thousand or both |
(75) |
Doing
an act without license or permission when the doing of such act requires a
license or permission under any of the provisions of this Act or the rules or
bye-laws. |
Rupees
fifteen thousand |
Rupees twenty thousand to fifty thousand |
Imprisonment of seven days, or fine of
rupees one hundred thousand or both |
(76) |
Evasion
of payment of tax or other impost lawfully levied by a local government. |
Rupees two thousand and report to police |
Rs.4,000 and report to police |
Confinement for three weeks / fine (minimum
amount to be more than previously imposed) |
(77) |
Contravention
of any prohibition or direction of the local government issued under this Act
or the rules. |
Rupees
three thousand |
Rupees five thousand to fifteen thousand |
Imprisonment of seven days, or fine of
rupees thirty thousand or both |
(78) |
Contravention
of the prohibition or attempt or abetment of any of the offences in this
Schedule |
Rupees
three thousand |
Rupees five thousand to one hundred
thousand |
Imprisonment of seven days, or fine of
rupees two hundred thousand or both |
Manner of Exercise of Powers Conferred upon Government
Serial |
Corresponding section
of the Act |
Power of the Government |
Person or authority authorized to exercise
this power |
(1) |
Section
3(2) |
Power
to constitute succeeding local governments |
Chief
Minister |
(2) |
Section
4 |
Power
to determine the extent of right, fund, claim or liability or portion thereof
of a defunct local government which shall be succeeded by a local government |
Secretary |
(3) |
Section
4 |
Power
to allow a local government to succeed a property, right, fund, claim or
liability or portion thereof of a defunct local government which does not
pertain to its function under this Act |
Minister |
(4) |
Section
4 |
Power
to provide for the manner of succession and discharge of liabilities of a
defunct local government |
Minister |
(5) |
Section
4 |
Power
to assign properties, rights, funds, claims or liabilities among local
governments, and settling all disputes relating to this matter |
Secretary |
(6) |
Section
6(3) |
Power
to require a local government to take such measures, or not to act or do
anything, or run its affairs, or to incur expenditure in a manner as is
likely to further the objectives of section 5 of this Act |
Minister,
Secretary |
(7) |
Section
8, 9 |
Power
to demarcate, classify and name local areas |
Cabinet |
(8) |
Section
10 |
Power
to change the name of a local area |
Minister
|
(9) |
Section
12 |
Power
to direct special reviews of one or more local areas by the Commission |
Chief
Minister |
(10) |
Section
13(2) |
Power
to issue general directions for the conduct of periodical and special reviews
of local areas by the Commission |
Secretary |
(11) |
Section
14 |
Power
to change limits or classification of a local area |
Cabinet |
(12) |
Section
15, 16 |
Power
to constitute and name a local government |
Minister
|
(13) |
Section
17 |
Power to divide, amalgamate or
re-constitute a local government consequent to changes in limits or
classification of a local area |
Minister |
(14) |
Section
18 |
Power to appoint Chief Officers |
Authority
prescribed under respective service rules |
(15) |
Section
21 |
Power
to approve conditions and control for the transfer of any office, agency or
authority established or maintained by the Government to respective
Metropolitan Corporation, |
Chief
Minister |
(16) |
Section
22 |
Power
to assign additional function to a local government |
Cabinet |
(17) |
Section
23 |
Power
to issue policy directions, guidelines for effective transparent and
efficient undertaking of functions by a local government |
Secretary
with the approval of Minister |
(18) |
Section
23 |
Power
to fix objectives for effective transparent and efficient undertaking of
functions by a local government |
Secretary |
(19) |
Section
26(2) |
Power to permit a government office,
authority or agency to partake agency arrangements with a local government |
Secretary |
(20) |
Section
27(1) |
Power
to appoint an undertaker for any function listed in Part I of Third, Fourth
or Fifth Schedule |
Chief
Minister |
(21) |
Section
29 (1)(b) |
Power to fix standard of provision of a
public service |
Minister |
(22) |
Section
32(1) |
Power to establish joint authority for
provision of one or more public services in relation to function listed in
Part I of Third, Fourth or Fifth Schedule |
Minister |
(23) |
33(3) |
Power to appoint Operating
Officer of a joint authority established under section 30 of the Act |
Secretary |
(24) |
Section
34(3) |
Power to decide membership of a joint authority and appoint
nominees of the Government |
Minister |
(25) |
Section
35(1)(b) |
Power to decide proportion in which
expenses of a joint authority shall be defrayed by constituting local
governments |
Secretary |
(26) |
Section
35(2) |
Power to appoint officer as arbitrator for apportioning expenses of a joint authority established |
Secretary |
(27) |
Section
37(1)(c), (2) |
Power to dissolve a joint authority |
Minister |
(28) |
Section
38(2) |
Power to decide disputes relating to
succession of a joint authority |
Secretary
or an officer authorized by him |
(29) |
Section
42(1)(d) & (g) |
Power to receive performance reports from
head of local government and assign any other duty to him |
Secretary |
(30) |
Section
45(4) |
Power to issue specific directions to a
Chief Officer |
Secretary |
(31) |
Section
47(1)(a), (2) |
Power to receive and decide any reference
of the Chief Officer in respect of an illegal resolution, order or
instruction of the local government |
Secretary |
(32) |
Section
51(2), (3) |
Power to specify nature or pecuniary limits
of contracts which shall not be made, varied or discharged without approval
of council and confirmation of such approval by an authorized officer |
Secretary |
(33) |
Section
57(2) |
Power to authorize an officer to preside
first meeting of the council |
Minister
|
(34) |
Section
64(4) |
Power to allow record of meeting to which
public is excluded from attendance to be open for inspection |
Secretary |
(35) |
Section
65(2) |
Disqualification of a head of the local
government, convenor or councillor for violation of section any provision of
section 74(1) |
Chief
Minister |
(36) |
Section
67(2), 74 and 310 |
Power to prescribe bye-laws if local
government fails to do so |
Minister |
(37) |
Section
78(2) |
Power to receive report on elections and
certain other matters from Election Commission |
Secretary |
(38) |
Section
85(1) |
Power to request Election Commission to
review and reconstitute an electoral unit |
Chief
Minister |
(39) |
Section
91(1) |
Power to consult election commission for
fixing dates for election under this Act |
Chief
Minister |
(40) |
Section
106 |
Notification of election, resignation and
removal of a councillor in official gazette |
Secretary |
(41) |
Section
111(2) |
Power to approach Election Commission to
seek disqualification of a candidate from contesting an election or a
councillor from holding office on being found to be disqualified to be a
candidate or councillor |
Secretary
or an officer authorized by him |
(42) |
Section
113(2) |
Power to fix the date for first meeting of
the Councils |
Minister |
(43) |
Section
114(3) |
Notification of assumption of office by a
councillor |
Secretary |
(44) |
Section
115 |
Power to call for and receive declaration
of assets from councillors |
Secretary |
(45) |
Section
116(3) |
Power to make a complaint to Election
Commission on failure to take oath or submit required declarations |
Secretary |
(46) |
Section
117 |
Power to receive intimation of resignation
from office by a councillor and declare vacancy |
Secretary |
(47) |
Section
118 |
Power to consult with Election Commission
of Pakistan for calling fresh elections where office of the head of the local
government falls vacant |
Chief
Minister |
(48) |
Section
121 |
Power to appoint an administrator pending
elections |
Chief
Minister |
(49) |
Section
122(2)(b) |
Power
to allow establishment of a special fund |
Secretary
in charge of Finance Department |
(50) |
Section 123(1) (l) |
Power to place additional sources of income
at the disposal of a local government |
Cabinet |
(51) |
Section
124(1)(c) |
Power to declare certain expenditure to be
an appropriate charge on the local government |
Secretary
|
(52) |
Section
127(1) |
Power to appoint banks for custody of local,
public and other funds of local governments |
Secretary
in charge of Finance Department |
(53) |
Section
128(1)(d) |
Power to declare any other manner for
investment of surplus funds of local governments |
Chief
Minister |
(54) |
Section
129 |
Power to take cognizance of wrongful
application of moneys by a local government |
Secretary |
(55) |
Section
131(6) |
Power to approve estimates of receipt and
expenditure if local government fails to do so |
Secretary |
(56) |
Section
132(1) |
Power to certify estimates of receipts and
expenditure in case of failure of the council and head of the local
government of the local government to approve it |
Secretary
with the permission of Minister |
(57) |
Section
134 |
Power to readjust income and expenditure of
a local government in case of failure of head or the council to do so |
Secretary |
(58) |
Section
136 |
Power to fix minimum expenditure
requirements towards a public service on recommendation of Finance Commission |
Secretary |
(59) |
Section
137(1) |
Power to review estimates of receipts and
expenditures approved by a local government |
Secretary |
(60) |
Section
139, 140 |
Power to sanction borrowing of money by a
local government and method of raising loan |
Minister
on recommendation of Secretary in charge of Finance Department |
(61) |
Section
141 |
Power to establish Local Development Fund
and determine contributions by local governments to the Local Development
Fund |
Chief
Minister |
(62) |
Section
143(1)(a) |
Power to allow application of sums borrowed
by a local government to a purpose other than the purpose for which these
sums were initially borrowed |
Chief
Minister on recommendation of Secretary in charge of Finance Department |
(63) |
Section
144(2) |
Power to allow resettlement of period and
terms of payment of moneys borrowed by a local government |
Minister
on the recommendation of Secretary in charge of Finance Department |
(64) |
Section
145(2) |
Power to allow a local government to
discontinue further payments into a
sinking fund when sums standing at its credit are sufficient to meet
repayment requirements |
Minister
on the recommendation of Secretary in charge of Finance Department |
(65) |
Section
146 |
Power
to appoint a deposit taking institution or prescribe any other manner for
investing sums of sinking fund |
Secretary
in charge Finance Department |
(66) |
Section
147 |
Power to permit gradual readjustment of
deficient amounts in sinking fund by a local government and also resolve the
dispute of local government with respect to
certification of the account by Auditor General |
Secretary
in charge of Finance |
(67) |
Section
148(1) |
Power to attach local fund of a local
government in default of repayment of loan |
Minister
on recommendation of Secretary in charge of Finance Department |
(68) |
Section
149(2) |
Power to call for and receive annual
statement of moneys borrowed by a local government |
Secretary,
and Secretary in charge of Finance Department |
(69) |
Section
150(1)(k) |
Power to vest properties in a local
government |
Cabinet |
(70) |
Section
152(1) |
Power to allow sale or permanent alienation
of local government properties |
Cabinet |
(71) |
Section
153(1), (2) |
Power to resume a property vested in a
local government |
Cabinet |
(72) |
Section
160(2) |
Power to suspend levy of an unfair or excessive tax, fee,
rate, toll or other charge |
Secretary |
(73) |
Section
173(1) |
Power
to appoint any agency or officer for collection of local tax |
Chief
Minister |
(74) |
Section
174 |
Power to establish Finance Commission |
Chief
Minister |
(75) |
Section
175(4) |
Power to prematurely remove certain members
of Finance Commission |
Chief
Minister |
(76) |
Section
176(1) |
Power to appoint members against casual
vacancies occurring in Finance Commission |
Chief
Minister |
(77) |
Section
180(4) |
Power to call for and receive a report on
fiscal performance of local governments |
Secretary |
(78) |
Section
185 (1) |
Power to set aside provincial allocable
amounts |
Cabinet |
(79) |
Section
186 |
Power to establish formulae for
determination of shares inter se local governments |
Cabinet |
(80) |
Section
187 |
Power
to make submission to Finance
Commission in relation to formulae for determination of shares inter se local governments |
Minister,
Secretary |
(81) |
Section
192 |
Power to call for and receive statement of
accounts of a local government |
Secretary |
(82) |
Section
193 (1) |
Power to call for and receive monthly
abstract of accounts of a local government |
Secretary |
(83) |
Section
195 |
Power
to direct extra-ordinary audits of a
local government |
Minister,
Secretary |
(84) |
Section
196(1) |
Power to call for and receive audit reports |
Secretary |
(85) |
Section
197(2), (3) |
Power
to call for and receive report from local government on action taken upon the
audit report and order remediation of
defects |
Secretary |
(86) |
Section
199(3) |
Power to authorize officers for making
complaint in respect of an offence under section 199 of this Act |
Chief
Minister |
(87) |
Section
200 (1), (3) |
Power to pass instruction as to display of
statement of accounts and audit reports for public view, book of objections
and suggestions, and call for objections and suggestions from local
government |
Secretary |
(88) |
Section
201 (1), (2) |
Power to determine audit fees to be paid by
local governments |
Secretary
in consultation with Secretary in charge of Finance Department |
(89) |
Section
202(6) |
Power
to issue notice of special meeting of the council to consider removal of head
of the local government in case of failure of convenor to convene such
meeting |
Secretary
or an officer authorized by him |
(90) |
Section
207 |
Power
to establish Inspectorate of Local
Governments |
Chief
Minister |
(91) |
Section
208 (1) |
Power to call for and receive inspection
reports from Inspector General |
Secretary |
(92) |
Section
209(1) |
Power to require special inspections and
call for and receive inspection reports |
Minister,
Secretary |
(93) |
Section
211 |
Power
to call for and receive report on action taken by local governments on inspection report and decide any matter referred to
him by a local government or Inspector General in relation to the report |
Secretary |
(94) |
Section
212(3) |
Power to notify duties of local governments
towards residents of local area. |
Minister |
(95) |
Section
219 |
Power to prescribe Code of Conduct for
councillors and officers etc. of local governments |
Minister |
(96) |
Section
221(1)(d) |
Power
to direct matters in respect of which local government shall act through a
written order |
Secretary |
(97) |
Section
223 |
Power to exercise general supervision and
control over local governments to ensure that they act in public interest and
perform their functions strictly in accordance with law |
Minister,
Secretary |
(98) |
Section
224(1)(d) |
Power
to authorize officers for calling in
question the legality of an order etc. of local government. |
Chief
Minister |
(99) |
Section
224(2) |
Power
to receive and decide complaint calling in question legality of an order etc.
of local government |
Secretary |
(100) |
Section
225 |
Power to authorize officers to attend local
government meetings etc. |
Chief
Minister |
(101) |
Section
226(1) |
Power to call for information from a local
government |
Secretary |
(102) |
Section
227(1) |
Power to hold inquiry into affairs of a
local government |
Minister,
Secretary |
(103) |
Section
228 |
Power
to suspend certain resolutions or
orders and prohibit certain actions by local government |
Secretary |
(104) |
Section
229(1), (2) |
Power to require a local government to take
action |
Secretary |
(105) |
Section
230(1) |
Power to withhold transfer of moneys, or
impose fine on a local government in case of failure to take action on
directions of the Government |
Minister |
(106) |
Section
230(2) |
Power to initiate proceedings for removal
of a councillor other than a convenor or head of the local government for
failure to take action on the directions of the Government |
Minister |
(107) |
Section
230(2) |
Power to initiate proceedings for removal
of a head of the local government or convenor for failure to take action on
directions of the Government |
Chief
Minister |
(108) |
Section
231(1) |
Power to the head of the local government
to take action within a specified period |
Secretary |
(109) |
Section
231(2) |
Power to appoint an officer to take action
where the head of the local government fails to take action within a
specified period |
Chief
Minister |
(110) |
Section
232 |
Power
to initiate proceedings for suspension or removal of a councillor other than
a head of the local government or a convenor |
Minister |
(111) |
Section
232 |
Power
to initiate proceedings for suspension or removal of a head of the local
government or a convenor |
Chief
Minister |
(112) |
Section
232 |
Power
to suspend a councillor not being a head of the local government or a
convenor on account of corruption, gross excess in use of his authority, or
conviction in a crime involving moral turpitude |
Minister |
(113) |
Section
232 |
Power
to suspend a head of the local government or a convenor on account of
corruption, gross excess in use of his authority, or conviction in a crime
involving moral turpitude |
Chief
Minister |
(114) |
Section
233(1) |
Power
to initiate proceedings for suspension or dissolution of a council |
Chief
Minister |
(115) |
Section
233(3) |
Power
to suspend or dissolve a council |
Chief
Minister |
(116) |
Section
234 |
Power
to appoint an officer or authority for exercising powers and perform duties
and functions of the local government and its funds and properties and to
call for fresh elections under this Act |
Chief
Minister |
(117) |
Section
235 |
Power
to reinstate a suspended head of the
local government or convenor |
Chief
Minister |
(118) |
Section
235 |
Power
to reinstate a suspended councillor
other than being the head of the local government or convenor |
Minister |
(119) |
Section
237, 238 |
Power to establish the Commission and
fixing remuneration of members |
Chief
Minister |
(120) |
Section
239(2) |
Power to prematurely remove certain members
of the Commission |
Chief
Minister |
(121) |
Section
240(1) |
Power to fill casual vacancies in the
Commission |
Chief
Minister |
(122) |
Section
248 |
Power to fix number of officers and staff
of Secretariat of the Commission |
Chief
Minister |
(123) |
Section
249(5) |
Power
to receive and decide a reference from Deputy Commissioner |
Secretary |
(124) |
Section
250(4) |
Power
to decide a reference against decision of Deputy Commissioner in respect of a
dispute between two or more local governments or a local government and a
provincial or federal agency |
Secretary |
(125) |
Section
251(2) |
Power to prescribe form and manner of
submission of local development plan |
Secretary |
(126) |
Section
252 (2)(g) |
Power to initiate proposals for new works
etc. |
Secretary
or any officer authorized by him |
(127) |
Section
252 (4) |
Power to determine value of a work maintenance, repair and renewing of an
existing facility below which provisions of this section do not apply |
Secretary
in consultation with Secretary in charge of Planning and Development
Department |
(128) |
Section
254(1) |
Power to prepare and approve annual
development plan if local government fails to do so |
Secretary
with the permission of Minister |
(129) |
Section
256(1), (3) |
Power to issue planning guidelines |
Chief Minister |
(130) |
Section
257(1) |
Power to establish Local Planning Board |
Chief
Minister |
(131) |
Section
259(1) |
Power to specify timeline for drawing up a
land use plan |
Minister |
(132) |
Section
281 |
Power
to appoint officers for hearing appeal against order of enforcement officer |
Chief
Minister |
(133) |
Section
283 |
Power
to appointment of Enforcement Officers. |
Chief
Minister |
(134) |
Section
285 |
Power
to appoint Special Judicial Magistrate in consultation with Lahore High Court |
Chief
Minister |
(135) |
Section
294 |
Power to fix number and description of
officers and servants of the local government |
Chief
Minister |
(136) |
Section
294 |
Power to fix number and description of
officers and servants of local governments |
Chief
Minister |
(137) |
Section
295 |
Power to specify officers of the local
government, other than the Chief Officer, who shall have an ordinary tenure
of not less than two years |
Chief
Minister |
(138) |
Section
297(2) |
Power
to specify functional groups within Local Council Service |
Secretary
with the permission of Minister |
(139) |
Section
299(3) |
Appointment
of Secretary of the Board |
Chief
Minister |
(140) |
Section
300(2) |
Power
to apportion expenditure of the Board among local governments |
Secretary
with the permission of Minister |
(141) |
Section
303 |
Power to approve remuneration, honorarium
and allowance etc. for councillors |
Cabinet |
(142) |
Section
304 (3) |
Power to direct certain information with
the local government shall be displayed at a prominent place within the
premises of the office of the local government for access by citizens |
Secretary |
(143) |
Section
305 |
Power
to direct training of councillors |
Secretary |
(144) |
Section
313 |
Power
to amend fines for offences given in Fifteenth Schedule or add or remove an
offence and in the former case, set the fines for that offence |
Cabinet |
(145) |
Section
314 |
Power
to remove difficulties arising in giving effect to the provisions of this Act |
Chief
Minister |
[1][1]This
Act was passed by the Punjab Assembly on 30 April 2019; assented to by the
Governor of the
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home