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  "title": "Islamabad Capital Territory Local Government Act, 2015",
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  "text": "Page 1 of 86  \r\n \r\n \r\nTHE ISLAMABAD CAPITAL TERRITORY LOCAL \r\nGOVERNMENT ACT, 2015 \r\n \r\n  \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I \r\nINTRODUCTION \r\n \r\n1.  Short title, extent and commencement \r\n2. Definitions \r\n3. Local governments to work within the existing framework \r\nCHAPTER II \r\nLOCAL AREAS \r\n4. Local areas \r\n5. Division and reconstitution of a local government \r\n6. Local Government and Delimitation \r\n7. Delimitation of Union Councils \r\n8. Waiver of conditions \r\nCHAPTER III \r\nCONSTITUTION OF LOCAL GOVERNMENTS. \r\n  \r\n 9. Constitution of Local Governments \r\nCHAPTER IV \r\nCOMPOSITION OF LOCAL GOVERNMENTS \r\n \r\n 10. Local governments \r\n11. Union Council \r\n12. Metropolitan Corporation \r\n13. Saving \r\nCHAPTER V \r\nLOCAL GOVERNMENT ELECTIONS \r\n \r\n14. Franchise \r\n15. Election of the members of the Union Councils \r\n\r\n \r\nPage 2 of 86  \r\n16. Election of the members of the Metropolitan Corporation \r\n17. Election Commission to conduct elections \r\n18. Executive Authority to assist the Election Commission \r\n19. Electoral rolls \r\n20. Appointment of Returning Officer etc. \r\n21. Polling station \r\n22. Presiding Officers and Polling Officers \r\n23. Supply of electoral rolls \r\n24. Other powers and functions of the Election Commission \r\n25. Qualifications for candidates \r\n26. Disqualifications for candidates and elected members \r\n27. Bar against dual membership \r\n28. Conduct of elections \r\n29. Term of office \r\n30. Oath of office \r\n31 Vacancy \r\n32. Removals \r\n33. Resignation \r\n34. Vote of no­confidence \r\n35. Bar against re­election or re­appointment \r\n36. Notification of election, resignation and removal \r\n37. Election petition \r\n38. Election Tribunal \r\n39. Powers of Election Tribunal \r\n40. Decision of the Election Tribunal \r\n41. Ground for declaring election of returned candidate void \r\n42. Ground for declaring a person other than a returned candidate elected \r\n43. Ground for declaring elections as a whole void \r\n44. Decision in case of equality of votes \r\n45. Appeal against the orders of Election Tribunal \r\n46. Corrupt practice \r\n47. Bribery \r\n48. Personating \r\n49. Undue influence \r\n \r\nPage 3 of 86  \r\n50. Illegal practice \r\n51. Prohibition of canvassing \r\n52. Disorderly conduct near polling station \r\n53. Tampering with papers \r\n54. Interference with the secrecy of voting \r\n55. Failure to maintain secrecy \r\n56. Conduct of officials \r\n57. Breaches of official duty in connection with election \r\n58. Assistance by Government servants \r\n59. Summary trial \r\n60. Cognizance \r\n61. Offence to be cognizable \r\n62. Prosecution of offences under this Chapter \r\n \r\nCHAPTER VI \r\nEXECUTIVE POWERS AND CONDUCT OF BUSINESS \r\n \r\n63. Executive authority and conduct of business \r\n64. Additional functions \r\n65. Delegated functions \r\n66. Conduct of business \r\n67. Meetings \r\n68. Contracts \r\n69. Reporting and evaluation \r\nCHAPTER VII  \r\nUNION COUNCILS \r\n \r\n 70. Union Councils \r\n71. Functions of the Union Council \r\nCHAPTER VIII \r\nMETROPOLITAN CORPORATION \r\n \r\n72. Metropolitan Corporation \r\n73. Functions of Metropolitan Corporation  \r\n74. Executive Authority \r\n75. Mayor \r\n76. Chief Officer \r\n \r\nPage 4 of 86  \r\n77. Municipal offices \r\nCHAPTER IX \r\nLOCAL GOVERNMENT FINANCE \r\n \r\n78. Local Fund and Public Account \r\n79. Custody of Local Fund and Public Account \r\n80. Charged expenditure \r\n81. Application of Local Fund \r\n82. Budget \r\n83. Approval of budget \r\n84. Honoraria and allowances \r\n85. Accounts \r\n86. Audit \r\n87. Local government debt \r\n \r\nCHAPTER X \r\nLOCAL GOVERNMENT TAXATION \r\n \r\n88. Taxes to be levied \r\n89. Property tax \r\n90. Collection of taxes \r\n91. Additional powers of the Government \r\nCHAPTER XI \r\nLOCAL GOVERNMENT RELATIONS \r\n \r\n92. Relations of Government and local governments \r\n93. Powers of the Government \r\n94. Entrustment of functions to local government \r\n95. Local Government Commission \r\n96. Functions of the Commission \r\n97. Responsibility of the Commission \r\n98. Local Government Board \r\n99. Dissolution of local governments \r\nCHAPTER XII \r\nLOCAL GOVERNMENT PROPERTY \r\n \r\n100. Ownership of immovable property \r\n101. Transfer of property by the Government \r\n \r\nPage 5 of 86  \r\n102. Stock taking by the local government \r\n103. Use of properties of local governments \r\n104. Acquisition of immovable property \r\nCHAPTER XIII \r\nOFFENCES AND ENFORCEMENT \r\n \r\n105. Offences, punishments and their cognizance \r\n106. Appointment and control of Inspectors \r\n107. Imposition of fine through ticketing \r\n108. Court proceedings for default in deposit of fine \r\n109. Compounding of offences \r\n110. Municipal Wardens \r\n111. General powers of Inspectors \r\n112. Rights of citizen not affected \r\nCHAPTER XIV \r\nMISCELLANEOUS \r\n \r\n113. Right to Information \r\n114. Municipal entities \r\n115. Local government servants \r\n116. Appeals \r\n117. Power to make rules \r\n118. Bye­laws \r\n119. Delegation of powers \r\n120. Action taken in good faith \r\n \r\n121. General powers of local governments \r\n122. Members and servants of local governments to be public servants. \r\n123. Bar against employment \r\n124. Conciliation (Musalihat) Council \r\n125. Arbitration Council \r\n126. Constitution of Oversight Committees \r\n \r\nCHAPTER XV \r\nTRANSITIONAL PROVISIONS \r\n \r\n127. Interim authorities \r\n128. Interim maintenance of institutions \r\n \r\nPage 6 of 86  \r\n129. Financial transition \r\n130. Succession \r\n131. Removal of doubts \r\n132 Repeal and saving \r\n133. Removal of difficulty \r\n134. Amendment of Schedules \r\n \r\nFIRST SCHEDULE \r\n \r\nSECOND SCHEDULE  \r\n \r\nTHIRD SCHEDULE \r\n \r\nFOURTH SCHEDULE  \r\n \r\nFIFTH SCHEDULE \r\n \r\nSIXTHS CHEDULE  \r\n \r\nSEVENTH SCHEDULE \r\n \r\nEIGHTH SCHEDULE \r\n \r\nNINTH SCHEDULE \r\n \r\nPage 7 of 86  \r\nTHE ISLAMABAD CAPITAL TERRITORY LOCAL GOVERNMENT ACT, 2015  \r\nACT NO. X OF 2015 \r\n[3rd August, 2015] \r\n \r\nAn Act to rationalize and reorganize the local government system in the Federal Capital \r\n \r\nWHEREAS it is expedient to establish an elected local government system to devolve political, \r\nadministrative and financial responsibility and authority to the elected representatives of the local  \r\ngovernments; to promote good governance, effective delivery of services and transparent decision  \r\nmaking through institutionalized participation of the people at local level; and, to deal with ancillary  \r\nmatters; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\nCHAPTER I \r\n \r\nINTRODUCTION \r\n \r\n1. Short title, extent and commencement.—(1) This Act may be called the Islamabad Capital \r\nTerritory Local Government Act, 2015. \r\n \r\n(2) It extends to the Islamabad Capital Territory except any area excluded by the Government, \r\nby notification, for reasons to be recorded in writing. \r\n \r\n(3) It shall come into force on such date as the Government may, by notification, appoint and \r\ndifferent dates may be appointed for coming into force of different provisions of this Act. \r\n \r\n2. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context, \r\n \r\n(a)  “Administration” means the Islamabad Capital Territory Administration; \r\n \r\n(b) “Authority” means the Capital Development Authority; \r\n \r\n(c)  “budget” means an official statement of the income and expenditure of a local \r\ngovernment for a financial year; \r\n \r\n(d)  “building” includes any shop, house, hut, outhouse, shed, stable or enclosure \r\nbuilt of any material and used for any purpose, and also includes a wall, well, \r\nverandah, platform, plinth, ramp, stair­case and steps; \r\n \r\n(e)  “building line ” means a line beyond which the outer face or any part of an \r\nexternal wall of a building may not project beyond privately owned land in the \r\ndirection of any street, existing or proposed; \r\n \r\n(f)  “bye­laws” means bye­laws made under this Act or made under the Capital \r\nDevelopment Authority Ordinance, 1960 (XXIII of 1960) or the Municipal \r\nAdministration Ordinance, 1960; \r\n \r\n(g)  “cattle” includes cows, buffaloes, bulls, oxen, bullocks, heifers, calves, camels, \r\nsheep, goats and others; \r\n \r\nPage 8 of 86  \r\n(h)  “Chairman” means the Chairman of a Union Council as mentioned in section \r\n11; \r\n \r\n(i)  “Chief Officer” means the Chief Officer appointed under section 63; \r\n \r\n(j)  “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); \r\n \r\n(k)  “conservancy” means the collection, treatment, removal and disposal of refuse; \r\n \r\n(l)  “dairy” includes any farm, cattle­shed, cow­house, milk store, milk shop or any \r\nother place from where milk or milk products are supplied; \r\n \r\n(m)  “Deputy Mayor ” means a Deputy Mayor of the Metropolitan Corporation \r\nelected under section 12; \r\n \r\n(n)  “District” means the area specified in section 2 of the Capital of the Republic \r\n(Determination of Area) Ordinance, 1963 (Ordinance VI of 1963); \r\n \r\n(o)  “drain” includes a sewer, a house drain, a drain of any other description, a \r\ntunnel, a culvert, a ditch, a channel or any other device for carrying sullage or \r\nrain water; \r\n \r\n(p)  “dwelling house” means any building used substantially for human habitation; \r\n \r\n(q)  “Election Commission ” means the Election Commission constituted under \r\nArticle 218 of the Constitution of the Islamic Republic of Pakistan; \r\n \r\n(r)  “factory” means a factory as defined in the Factories Act, 1934 (XXV of 1934); \r\n \r\n(s)  “food” includes every eatable used for food or drink by human beings but does \r\nnot include drugs or water; \r\n \r\n(t)  “Government” means Federal Government as the Rules  of Business may \r\nspecify; \r\n \r\n(u)  “infectious disease ” means cholera, plague, smallpox and tuberculosi s, and \r\nincludes such other disease as the Government may, by notification, declare to \r\nbe infectious or disease for purposes of this Act; \r\n \r\n(v)  “land” includes the land which is being built up or is built up or is covered with \r\nwater or is under cultivation or is fallow; \r\n \r\n(w)  “Local Fund” means the fund of a local government established under section \r\n78; \r\n \r\n(x)  “local government” means a Union Council or the Metropolitan Corporation \r\nestablished under this Act; \r\n \r\n(y)    “market” means a place where persons assemble for the sale and purchase of \r\nmeat, fish, fruit,  vegetables or any other article of food or for the sale and \r\n \r\nPage 9 of 86  \r\npurchase of livestock or animals and includes any place which may be notified \r\nas a market; \r\n \r\n(z)  “Master Plan” means the Master Plan developed, maintained and enforced by \r\nCapital Development Authority; \r\n \r\n(aa)  “Mayor” means the Mayor of the Metropolitan Corporation elected as \r\nsuch under section 12; \r\n \r\n(bb)  “member” means a member of a local government; \r\n \r\n(cc)  “Metropolitan Corporation ” means the Metropolitan Corporation \r\nnotified as such under section 9; \r\n \r\n(dd)  “misconduct” means transgression of the prescribed code of conduct or \r\ndereliction of duty or deliberate unlawful behavior or violation of law or \r\nrules or lawful directions or orders of the Government and includes,­ \r\n \r\n(i)  gross negligence in the performance of duties with manifest \r\nwrongful intent or evil design; or \r\n \r\n(ii)  an act that results in wrongful gain to any person by wrongful \r\napplication of law; or \r\n \r\n(iii)  making or managing appointment, promotion or transfer of an \r\nofficer or official in     violation of law or rules or for extraneous \r\nconsideration; or \r\n \r\n(iv)  bribery, corruption, jobbery, favoritism, nepotism or willful \r\ndiversion of the fund of the local government; \r\n \r\n(ee)  “municipal offence” means an act or omission punishable under this Act \r\nand includes an act or omission declared as municipal offence under any \r\nother law for the time being in force in Islamabad Capital Territory; \r\n \r\n(ff)  “notification” means notification issued by the Government under this \r\nAct and published in the Official Gazette; \r\n \r\n(gg)  “nuisance” includes any act, omission, place or thing which causes or is \r\nlikely to cause injury as may be specified, danger, annoyance or offence \r\nto the sense of sight, smell or hearing or which is or may be dangerous to \r\nlife or injurious to health or property; \r\n \r\n(hh)  “occupier” means any person, for the time being, in actual lawful \r\noccupation of the land or b uilding and includes an owner in actual \r\noccupation of the land or building; \r\n \r\n(ii)  “owner” includes the person for the time being receiving the rent of land \r\nand buildings or either of them, including an agent or trustee for any \r\nperson or society or for any religious or charitable purpose or who would \r\n \r\nPage 10 of 86  \r\nso receive the same if land or building was let to a tenant; \r\n \r\n(jj)  “peasant” means a landless farm worker or, a person, who during the \r\nperiod of five years preceding the year in which the election is held, \r\nowningless than five acres of land as sole owner for subsistence living; \r\n \r\n(kk)  “prescribed” means prescribed by the rules as defined under clause (tt); \r\n \r\n(ll)  “prohibited zone” means any area or areas within a local government \r\ndeclared as prohibited zone by a public notice for purposes of this Act; \r\n \r\n(mm)  “public road” means and includes a road or street or way maintained by \r\nthe Government or by a local government or by any other local authority; \r\n \r\n(nn)  “public place” means any building, premises or place to which the public \r\nhave access; \r\n \r\n(oo)  “rate” means and includes the charges that may be fixed and levied by \r\nthe local governments for provision of any services, for which it incurs a \r\ncost, provided under this Act; \r\n \r\n(pp)  “refuse” includes rubbish, offal, night­soil, carcasses of animals, deposits \r\nof sewerage, waste and any other offensive matter; \r\n \r\n(qq)  “rent” means whatever is by law payable in money or kind by a tenant or \r\nlessee on account of lawful occupation or use of any building or land; \r\n \r\n(rr)  “revenue estate ” means a revenue estate declared under the Land \r\nRevenue Act, 1967 (XVII of 1967) as adapted in the Islamabad Capital \r\nTerritory; \r\n \r\n(ss)  “road” includes a road or a street or way which is not a thoroughfare; \r\n  \r\n(tt)  “rules” means rules made under the Capital  Development Authority \r\nOrdinance, 1960 or may be made under this Act; \r\n \r\n(uu)  “Schedule” means a Schedule appended to this Act; \r\n \r\n(vv)  “streets line” means a line dividing the land comprised in, and forming \r\npart of, a road or street from the adjoining land; \r\n \r\n(ww)  “tax” includes any cess, rate, fee, toll or  other charge levied under this \r\nAct; \r\n \r\n(xx)  “technocrat” means a person who is the holder of a degree requiring \r\nconclusion of at least sixteen years of education recognized by the Higher \r\nEducation Commissi on and at least five years of experience in  the \r\nrelevant field; \r\n \r\n(yy)  “Union Council ” means an area notified as a Union Council under \r\n \r\nPage 11 of 86  \r\nsection 7; \r\n \r\n(zz)  “vehicle” means a wheeled conveyance capable of being used on a road \r\nor street; \r\n \r\n(aaa)  “Vice Chairman” means the Vice Chairman of a Union Council \r\nas mentioned in section 11;  \r\n \r\n(bbb)  “village” means an integrated and contiguous human habitation \r\ncommonly identified  by a  name and includes a dhok, chak, \r\ngaown, basti or any other comparable habitation within a revenue \r\nestate; \r\n \r\n(ccc)  “voter” means a person, whose name for the time being appears \r\non the electoral rolls prepared or adapted for the purposes of the \r\nelection under this Act; \r\n \r\n(ddd)  “worker” means a person directly engaged in work or is \r\ndependent on personal labour for subsistence living and includes \r\na worker as defined in the Industrial Relations Act 2012 (X of \r\n2012); \r\n \r\n(eee)  “youth” means a person who is enrolled as a voter in the \r\nrespective Union Council and is 1[*] less than twenty­five years \r\nof age on last day fixed for filing of nomination papers; and  \r\n \r\n(fff)  “Zoning Regulation” means the Islamabad  Capital Territory \r\nZoning Regulations 1992. \r\n \r\n(2) The expressions, not defined in sub­section (1), shall have the same meaning as defined in \r\nany  other relevant law or generally used. \r\n \r\n3. Local governments to work within the existing framework.— (1) The local governments \r\nestablished under this Act shall faithfully observe all laws applicable in Islamabad Capital Territory. \r\n \r\n(2) In the performance of their functions, the local governments shall not impede or prejudice \r\nthe  exercise of the executive authority of the Government or any office performing functions of the  \r\nProvincial Government in the Islamabad Capital Territory. \r\n \r\n(3) The development, planning and overall maintenance of the Master plan within the specified \r\narea of Islamabad Capital Territory will continue to vest with Capital Development Authority and thus \r\nthe overall Master Plan shall apply and no action by any authority, body or corporation shall be initiated \r\nin violation of the Capital Development Authority Ordinance,1960 and the Zoning regulations duly \r\napproved by the Government. All powers to be exercised and rules to be enforced shall be subject to \r\nthe planning framework already set in the aforementioned laws, rules and regulations. \r\n \r\n \r\n_________________________________________________________________________________ \r\n1\r\nOmitted by Act No. XXXV of 2016, s.2. \r\n \r\nPage 12 of 86  \r\n(4) This legal framework shall without derogation to the existing laws and regulations of the  \r\nIslamabad Capital Territory and Capital Development Authority and segments not covered by the  \r\nprevalent law shall be covered by the respective local Government, as determined by the Government. \r\nWherever there is a clash between the existing law and provisions of this Act, the  existing law shall \r\nprevail unless clearly specified or repealed. \r\n \r\nCHAPTER II \r\n \r\nLOCAL AREAS \r\n \r\n4. Local areas.—(1) For purposes of thi s Act, the Government shall, by  notification, specify \r\nthe local area within Islamabad Capital Territory as Union Councils and for the Metropolitan \r\nCorporation, as the case may be. \r\n \r\n(2) The Government may, by notification, after inviting public objections and suggestions, alter \r\nthe limits of a local area and declare that any area shall cease to be a Union Council. \r\n \r\n(3) Any two or more adjoining Union Councils within Islamabad Capital Territory may, after  \r\ninviting public objections through a resolution passed by two­third majority of the total membership  \r\nof each of the Union Councils, mak e a proposal to the Government for a change in their respective  \r\nboundaries subject to the condition that no revenue estate shall be divided and the size of population  \r\nin the relevant Union Council shall, as far as possible, be close to the average populati on of similar  \r\nUnion Councils in Islamabad Capital Territory. \r\n \r\n(4) The Government may, with the concurrence of the Election Commission, alter the limits of \r\na local area under this section after the initiation of proceedings of delimitation of constituencies by \r\nthe Election Commission but the Government shall not alter the limits of a local area after the \r\nannouncement of election schedule for election in local area. \r\n \r\n5. Division and reconstitution of a local government.—(1) The Government may, by \r\nnotification, divide a local government into two or more local governments or alter the limits of a local \r\ngovernment and may specify in the notification the consequences which shall ensue upon the  \r\npublication of such notification. \r\n \r\n(2) W hen, as a result of such division or reconstitution, any new local government is \r\nconstituted, in accordance with the provisions of this Act in the manner specified in the notification,— \r\n \r\n \r\n(a)  the existing members of any local government so divided or reconstituted shall \r\nbecome the     members of such local government as the Government may, by \r\nnotification, specify as if  each such member had  been elected to  that local \r\ngovernment; and \r\n \r\n(b)  such local government shall, to the extent and in the manner specified in the \r\nnotification, be the successor of the local government so divided or \r\nreconstituted. \r\n \r\n6. Local Government and Delimitation.— 1[(1) There shall be one hundred and twenty-five \r\nUnion Councils within the Islamaba d Capital Territory under this A ct. The Federal Government, on \r\nthe recommendations of Ministry of Interior, by notification in the official Gazette may increase or \r\ndecrease the number of union councils from time to time.] \r\n_________________________________________________________________________________ \r\n  1Subs. by Act No. VIII of 2023 by s.2.  \r\n \r\nPage 13 of 86  \r\n(2) After the demarcation of the Local Government under section 5 and determination of \r\nnumber of Union Councils, the Election Commission, shall delimit Union Councils. \r\n \r\n(3) The Election Commission shall delimit and notify 1[in the official Gazette] the Councils on \r\nthe  basis of the principles laid d own in section 7, as nearly as p ossible, under the Delimitation of  \r\nConstituencies Act, 1974 (XXXIV of 1974) or any other Act of the Majlis­e­Shoora (Parliament). \r\n \r\n7. Delimitation of Union Councils.—(1) A Union Council shall be an area consisting of one \r\nor more revenue estates or, in the case of an area where revision of settlement under the law has not  \r\ntaken place, one or more census villages or, in the case of an urban area, a census block or blocks as  \r\ndelimited for purposes of the last preceding census or a census block and a revenue estate, notified as  \r\nsuch by the Election Commission. \r\n \r\n2[(2) The Election Commission shall delimit Union Council into nine wards for the election of \r\nmembers on general seats.] \r\n \r\n1[(3) For the purpose of delimitation of a ward of a Union Council, — \r\n \r\n(a)  a ward shall consist of a census block or adjoining census blocks; \r\n \r\n(b)  boundaries of the wards shall not cross limits of the Union Council; \r\n \r\n(c)  population of wards in a Union Council shall as far as possible be uniform; and \r\n \r\n(d)  a court, officer or authority shall not review or correct any delimitation of Union \r\nCouncil or ward after the notification of the election schedule.] \r\n \r\n8. Waiver of conditions.―The Election Commission may, in a specific case and for reasons \r\nto be recorded in writing, waive the conditions of delimitation mentioned in section 6. \r\n \r\n \r\nCHAPTER III \r\n \r\nCONSTITUTION OF LOCAL GOVERNMENTS \r\n \r\n9. Constitution of Local Governments. —(1) Subject to sub­section (2), the local \r\ngovernments constituted under this Act shall be: \r\n \r\n(a)  Metropolitan Corporation for Islamabad Capital Territory; and \r\n \r\n(b)  Union Councils for Islamabad Capital Territory as the Government may notify. \r\n \r\n(2) The Government may, by notification, declare any area in Islamabad Capital Territory to \r\nbe a  Union Council. \r\n \r\n \r\n \r\n \r\n \r\n1\r\nIns. and added by Act No. XXXV of 2016, ss. 3-4. \r\n2Subs. by Act No. XVIII of 2024, s. 2. \r\n \r\nPage 14 of 86  \r\n(3) The Government may, by notification, specify the name by which local government shall \r\nbe known and unless the name of a local government is so specified, it shall be known as the local  \r\ngovernment of the place where its office is situate. \r\n \r\nCHAPTER IV \r\n \r\nCOMPOSITION OF LOCAL GOVERNMENTS \r\n \r\n10. Local governments.—(1) Local governments shall consist of Union Councils and \r\nMetropolitan Corporation as given in section 11 and section 12, respectively. \r\n \r\n(2) 1[*  * * * * * *] \r\n \r\n2[11. Union Council.—A Union Council shall consist of the following members elected under \r\nChapter-V:— \r\n \r\n(i)  Chairman and Vice-Chairman, as joint candidates; \r\n \r\n(ii)  nine general members; \r\n \r\n(iii)  one woman; \r\n \r\n(iv)  one peasant or worker or businessman or technocrat;  \r\n \r\n(v)  one youth member; and \r\n \r\n(vi)  one non­Muslim.] \r\n \r\n12. Metropolitan Corporation.—(1) The Metropolitan Corporation shall consist of the \r\nfollowing members elected under Chapter V,— \r\n \r\n(i)  1[Mayor and three Deputy Mayors], as joint candidates;  \r\n \r\n(ii)  Chairmen of all Union Councils; \r\n \r\n(iii)  women; \r\n \r\n(iv)  peasants/workers; \r\n \r\n(v)  technocrats; \r\n \r\n(vi)  youth members; and \r\n \r\n(vii)  non­Muslims. \r\n \r\n \r\n \r\n \r\n________________________________________________________________________________ \r\n1Omitted and subs. by Act No. XXXV of 2016, ss. 5-6. \r\n2Subs. by Act No. XVIII of 2024, s. 3. \r\n \r\nPage 15 of 86  \r\n(2) The number of women should not be l ess than 33 per cent, peasants/workers not less than \r\n5 per cent, non­Muslims not less than 5 per cent, youth not less 5 per cent each and technocrat not less \r\nthan 2 per cent. The numbers shall be computed by the government accordingly through a notification \r\nissued from time to time. \r\n \r\n(3) The Mayor and the Deputy Mayor shall be elected as joint candidates, in the first session \r\nof the Metropolitan Corporation, from amongst the members mentioned at serial number (ii) 1[**] of \r\nsub­section (1), by majority of the members mentioned at serial number (ii) to (vii) of sub­section (1) \r\npresent and voting. \r\n \r\n13. Saving.―Nothing contained in this Chapter shall be construed to prevent a woman, \r\npeasant, worker, technocrat or a non­Muslim from being a candidate or elected to a general seat in any \r\nlocal government. \r\n \r\nCHAPTER V \r\n \r\nLOCAL GOVERNMENT ELECTIONS \r\n \r\n14. Franchise.―Save as otherwise provided, election of members of all local governments, \r\nshall be  held on party basis through secret ballot on the basis of adult franchise. \r\n \r\n 1[15. Election, of the members of the Union Councils. —(1) All nine general members of \r\neach Union Council shall be directly elected by the voters registered in the concerned Union Council. \r\n \r\n  (2) Save as otherwise provided, in the first meeting of the Union Council to be convened and \r\npresided over by the Secretary of  the Union Council and to the exclusion of any other business, the \r\ngeneral members of the Union Council shall elect through secret ballot one women,  one peasant or \r\nworker or businessman or technocrat, one youth member and one non -Muslim member mentioned at \r\nserial number (iii) to (vi) of section 11 of this Act:  \r\n \r\n Provided that election of the members shall be conducted in the prescribed manner.  \r\n \r\n (3) After the completion of the process of the election under sub -section (2), the Secretary of \r\nthe Union Council shall convene and preside meeting of the Union Council to elect a Chairman and \r\nVice-Chairman as joint candidate from members mentioned at serial num ber (ii) to (vi) of section 11 \r\nof this Act:  \r\n \r\n Provided that the electoral college for the election of the Chairman and Vice-Chairman as joint \r\ncandidate shall be members mentioned at serial number (ii) to (vi) of section 1l of this Act:  \r\n \r\n Provided further that election of the Chairman and Vice -Chairman shall be condu cted in the \r\nprescribed manner.] \r\n \r\n16. Election of the members of the Metropolitan Corporation.―Members of Metropolitan \r\nCorporation, mentioned at serial number (iii) to (vii) of sub­section (1) of section 12, shall be elected  \r\nby the 2[Chairmen] of the Union Councils present and voting. \r\n \r\n17. Election Commission to conduct elections.___(1) The Election Commission shall conduct \r\nthe local government elections 2[and for this purpose shall, by notification in the official Gazette, \r\ndeclare the election schedule for election under this Act]. \r\n \r\n(2) The Election Commission may, by order in the Official Gazette, make provisions for the  \r\nconduct of local government elections if no provisions or no sufficient provisions have been made  \r\nunder this Act or the rules. \r\n 1Omitted and subs. by Act No. XVIII of 2024, ss. 4-5. \r\n 2Subs. and ins. by Act No. XXXV of 2016, ss. 7-8. \r\n \r\n \r\nPage 16 of 86  \r\n1[(3) Without prejudice to the provisions of this Act and for the purpose of election to the Local \r\nGovernments under this Act, the provisions of 2[the Elections Act, 2017  (XXXIII OF 2017) ] shall \r\nmutatis mutandis apply.] \r\n \r\n18. Executive Authority to assist the Election Commission.―It shall be the duty of all \r\nexecutive authorities in the Islamabad Capital Territory to assist the Election Commission in the \r\ndischarge of its functions. \r\n \r\n19. Electoral rolls.—(1) A person shall be entitled to be enrolled as a voter if he,— \r\n \r\n(a)  is a citizen of Pakistan; \r\n \r\n(b)  is not less than eighteen years of age; and \r\n \r\n(c)  fulfils such other conditions as the Election Commission may specify. \r\n \r\n(2) The electoral rolls for the  local government elections shall be  prepared by the  Election \r\nCommission in such manner as it may deem appropriate and the electoral rolls shall not be invalid by \r\nreason of any erroneous description in the electoral rolls of any person listed or of an omission of the  \r\nname of any person entitled to be enrolled or of inclusion of the name of any person not so entitled. \r\n \r\n(3) Every person whose name is entered in the electoral roll shall be entitled to cast a vote at \r\nthe direct elections of the local government. \r\n \r\n20. Appointment of Returning Officer etc.— 1[(1) For the purpose of election under this \r\nAct and subject to sub­section (2), the Election Commission shall appoint District Returning Officers, \r\nReturning Officers  and Assistant Returning Officers  from amongst  the officers of the Election \r\nCommission, the Government, a body or entity controlled by the Government.] \r\n \r\n(2) The Election Commission may appoint a person as Returning Officer or Assistant Returning \r\nOfficer for two or more constituencies. \r\n \r\n(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his \r\nfunctions under this Act and may, subject to such conditions as may be imposed by the Election  \r\nCommission, exercise and perform, under the control of the Returning Officer, the powers and  \r\nfunctions of the Returning Officer. \r\n \r\n(4) It shall be the duty of a Returning Officer to do all such acts as may be necessary for  \r\neffectively conducting an election in accordance with the provisions of this Act and the rules. \r\n \r\n1[21. Polling stations.____ (1) The Returning Officer shall, before such time as the Election \r\nCommission may fix, send to the District Returning Officer a list of polling stations proposed in \r\na  constituency for the purpose of election of a member for that constituency. \r\n \r\n(2) The Election Commission may make such alterations in the list of polling stations sent \r\nunder sub­section (1) as it may deem necessary and shall, at least fifteen days before the polling day, \r\npublish in the official Gazette the final list of polling stations specifying the electoral area, the electors \r\nwhereof will be entitled to vote at each polling station and shall at least seventy­two hours before the \r\npolling day, give wide publicity of the polling stations in such manner as it may deem fit. \r\n \r\n \r\n 1Added and subs. by Act No. XXXV of 2016, ss. 8-10. \r\n 2Subs. by Act No. XVIII of 2024, S.6. \r\n \r\nPage 17 of 86  \r\n(3) The Returning Officer shall establish in each constituency polling stations according to the \r\nfinal list published under sub­section (2). \r\n \r\n(4) A polling station shall be situated in a Government building for the constituency and, where \r\nno Government building is available for the purpose, an improvised polling station shall be set up on  \r\npublic property: \r\n \r\nProvided that no polling station shall be located in any premises which belong to or are under \r\nthe direct or indirect control of any candidate.] \r\n \r\n22. Presiding Officers and Polling Officers.—(1) A Returning Officer shall appoint for each \r\npolling station a Presiding Officer and such number of Assistant Presiding Officers and Polling  \r\nOfficers to assist the Presiding Officer as the Returning Officer may consider necessary. \r\n \r\n(2) A person who is, or has at any time been, in the employment of any candidate shall not be  \r\nappointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer. \r\n \r\n(3) The Returning Officer shall submit a list of Presiding Officers and Polling Officers to the  \r\nElection Commission at least fifteen days before the polling day for approval and no change in the  \r\npersonnel shall be made except with the approval of the Election Commission. \r\n \r\n(4) A Presiding Officer shall conduct the poll in accordance with the provisions of this Act and \r\nthe rules and shall be responsible for maintaining order at the polling station and shall report to the  \r\nReturning Officer any fact or incident which may, in his opinion, affect the fairness of the poll. \r\n \r\n(5) The Returning Officer shall authorize one of the Assistant Presiding Officers to act in place \r\nof  the Presiding Officer if the Presiding Officer is at any time during the poll, by reason of illness or  \r\nother cause, not present at the polling station, or is unable to perform his functions. \r\n \r\n(6) The Returning Officer may, at any time during the poll, for reasons to be recorded in \r\nwriting, suspend any Presiding Officer, Assistant Presiding Officer or Polling Officer and make such \r\narrangements as he may consider necessary for the performance of the functions of the Officer so  \r\nsuspended. \r\n \r\n23. Supply of electoral rolls.—(1) The Election Commission shall provide the electoral rolls \r\nof the constituency to the Returning Officer. \r\n \r\n(2) The Returning Officer shall provide to the Presiding Officer the electoral rolls, containing \r\nthe names of the voters entitled to vote at a polling station. \r\n \r\n24. Other powers and functions of the Election Commission. ―In addition to the powers \r\nand functions of the Election Commission under this Act, the Election Commission shall, in relation \r\nto local government elections, exercise such other powers and perform such other functions as may be \r\nprescribed. \r\n \r\n25. Qualifications for candidates.—(1) A person shall qualify to be elected as a member or \r\nto hold an elected office of a local government, if he,— \r\n \r\n(a)  is a citizen of Pakistan; \r\n \r\n(b)  1[except] the youth, is not less than twenty five years of age on the last day fixed \r\nfor filing  the nomination papers; or \r\n \r\n(c)  is enrolled as a voter in the electoral rolls of the Union Council. \r\n \r\n______________________________________________________________________________ \r\n 1Subs. by Act No. XXXV of 2016, s. 11. \r\n \r\nPage 18 of 86  \r\n(2) The qualifications mentioned in paragraphs (d) to (g) of clause (1) and the disqualification \r\nreferred to in clause (2) of Article 62 of the Constitution of the Islamic Republic of Pakistan for  \r\nmembership of Majlis­e­Shoora (Parliament) shall mutatis mutandis apply to a person to qualify to be \r\nelected as a member or to hold an elected office of a local government. \r\n \r\n26. Disqualifications for candidates and elected members.—(1) The disqualifications \r\nmentioned for membership of Majlis­e­Shoora  (Parliament) in paragraphs (a) to (p) of clause (1) of  \r\nArticle 63 of the Constitution of the Islamic Republic of Pakistan shall mutatis mutandis apply to a  \r\nperson from being elected or chosen as, and from being, an elected member of a local government. \r\n \r\n(2) lf a person,— \r\n \r\n(a) is found by the Election Commission to have contravened any provisions of \r\nsection 25 or sub­section (1) of section 26, he shall stand disqualified from being \r\na candidate for election to any office of a local government for a period of four \r\nyears; or \r\n \r\n(b) has been elected as a member of a local government and is found by the Election \r\nCommission to have contravened any provision of section 25 or sub­section (1) \r\nof section 26, he shall cease forthwith to be an elected member or to hold the \r\noffice of such member and  shall stand disqualified from being a candidate for \r\nelection to a local government for a period of four years. \r\n \r\n27. Bar against dual membership. —(1) A Mayor, a Deputy Mayor, a Chairman or a Vice  \r\nChairman may contest election for any other political office after resigning from the office of the  \r\nMayor, Deputy Mayor, Chairman or Vice Chairman. \r\n \r\n(2) A member of a local government, other than the Chairman of a Union Council, may contest \r\nelection for any other political office without resigning from the membership of the local government \r\nbut any such member shall not simultaneously hold more than one office. \r\n \r\n(3) If a member of a local government is elected to any other political office, on the notification \r\nof election of that political office, his seat as member of the local government shall become vacant. \r\n \r\n(4) If a Chairman of a Union Council is elected as the Mayor or a Deputy Mayor, he shall \r\ncease  to be the Chairman of the Union Council and the seat of the Chairman of the Union Council shall \r\nstand vacated. \r\n \r\n(5) Nothing in this section shall apply to bar a member of a local government to contest the  \r\nelection of Mayor, Deputy Mayor, Chairman or Vice Chairman of a local government. \r\n \r\n28. Conduct of elections. ―The election to a local government shall be conducted in the \r\nprescribed manner. \r\n \r\n29. Term of office.—(1) Subject to the this Act, the term of office of a local government shall \r\nbe five years commencing on the date on which it holds its first meeting. \r\n \r\n(2) The first meeting of a local government shall be held not later than thirty days from the day \r\non which the names of its members are notified. \r\n \r\n \r\nPage 19 of 86  \r\n(3) On the expiry of the term of office of a local government, the Government may appoint an \r\nadministrator to perform the functions of the local government until the elected local government  \r\nassumes office which period shall not exceed six months. \r\n \r\n(4) Save as otherwise provided, a local government shall in its first meeting and to the exclusion \r\nof any other business, elect the Mayor and Deputy Mayor or Deputy Mayors, Chairman and Vice  \r\nChairman in the prescribed manner.  \r\n \r\n30. Oath of office.—(1) A member shall, before taking his seat in a local government, make \r\nand subscribe to an oath in such form as may be prescribed . \r\n \r\n(2) The Mayor, Deputy Mayor, Chairman and Vice Chairman shall assume office by making \r\nand subscribing to an oath in such form as may be prescribed. \r\n \r\n(3) A Mayor, Deputy Mayor, Chairman and Vice Chairman and a member shall, after taking \r\noath  of office, declare his assets in the prescribed manner. \r\n \r\n31. Vacancy.—1[(1)] If the office of a Mayor, Deputy Mayor, Chairman or Vice Chairman, or \r\na member indirectly elected on a reserved seat, for any reason, falls vacant during the term of office \r\nof  a local government, the new Mayor, Deputy Mayor, Chairman, Vice Chairman or member shall be \r\nelected in the prescribed manner within 1[forty­five days] from the date when such vacancy is notified \r\nand he shall, subject to this Act, hold office for the remaining term of the local government. \r\n \r\n1[(2) All by-election for the vacant seats of members of Union Councils and Reserved Seats of \r\nMetropolitan Corporation shall be held once a year on a date or dates fixed by the Election Commission \r\nof Pakistan. \r\n \r\n(3) The period  of one year referred to in sub section (2), shall be computed from the date of  \r\nassumption of office of the Councils.] \r\n \r\n32. Removals .— (1) Where proceedings of disqualification under section 26 have been \r\ninitiated against a member, the Election Commission or any authority authorised by it may issue a \r\nnotice to the member to show cause within specified period as to why proceedings against  him may \r\nnot be taken for his removal for breach of any of the provisions of section 25. \r\n \r\n(2) Where the Election Commission or an authority authorised by it is not satisfied with the \r\nreply to the notice referred to in sub -section (1) or any reply to the sa id notice is not filed within the \r\nperiod fixed by it, it may order for an enquiry in the matter and for that purpose appoint an enquiry \r\nofficer. \r\n \r\n(3) On the basis of enquiry held under sub-section (2), the Election Commission or an authority \r\nauthorised by it may order the removal of the member.  \r\n \r\n33. Resignation.—(1) A Mayor, Deputy Mayor, Chairman, Vice Chairman or a member may \r\nresign his office by tendering resignation in writing under his hand to the local government of which  \r\nhe is the Mayor, Deputy Mayor, Chairman, Vice Chairman or a member. \r\n \r\n \r\n_________________________________________________________________________________\r\n 1Renumber, Subs. and added by Act No. XXXV of 2016, s.12. \r\n \r\nPage 20 of 86  \r\n(2) The resignation tendered under sub­section (1) shall be deemed to have been accepted and \r\neffective forthwith and the local government shall forward copies of the resignation to the Election  \r\nCommission and the Government. \r\n \r\n34. Vote of no­confidence.—(1) Subject to this section, a Mayor or Deputy Mayor, shall cease \r\nto  hold office if a vote of no­confidence is passed against him in the prescribed manner by two­third  \r\nmajority of the total number of members of the local government. \r\n \r\n(2) A motion of no­confidence shall not be moved before the expiry of one year of his \r\nassumption of office as the Mayor or Deputy Mayor. \r\n \r\n(3) Where a motion of no­confidence against the Mayor or Deputy Mayor, has been moved and \r\nfails for want of the requisite majority of votes in a meeting, no similar motion shall be moved against \r\nhim before the expiry of one year from the date when such motion was moved. \r\n \r\n35. Bar against re­election or re­appointment. ―When a Mayor, Deputy Mayor, Chairman \r\nor Vice Chairman, of a local government, is removed from office on the ground of misconduct, he \r\nshall not, during the unexpired period of the term of that local government be eligible for re­election \r\nor re­ appointment to any office during the remaining term of the local government. \r\n \r\n36. Notification of election, resignation and removal. —(1) Every election or removal of a  \r\nmember shall be notified by the Election Commission. \r\n \r\n(2) The Government shall notify,— \r\n \r\n(a)  vacation of office owing to resignation or death of a member; and \r\n \r\n(b)  election, appointment or vacation of office, owing to any cause, of the Mayor, \r\nDeputy Mayor, Chairman or Vice Chairman. \r\n \r\n37. Election petition.—(1) Subject to this Act, an election to an Office of a local government \r\nshall not be called in question except by an election petition. \r\n \r\n(2) A candidate may, in the prescribed manner, file an election petition before the Election  \r\nTribunal challenging an election under this Act. \r\n \r\n38. Election Tribunal. —(1) The Election Commission shall, by notific ation, appoint an \r\nElection Tribunal for such local area as may be specified in the notification. \r\n \r\n(2) The Election Commission may transfer an election petition from one Election Tribunal to  \r\nanother Election Tribunal. \r\n \r\n(3) Subject to the rules, the Election Commission may, by notification, issue instructions for  \r\npresentation, hearing and trial of an election petition. \r\n \r\n(4) The Election Tribunal shall decide an election petition within one hundred and twenty days \r\nfrom the date of filing of the election petition. \r\n \r\n39. Powers of Election Tribunal.―The Election Tribunal may exercise powers of a civil court \r\ntrying a suit under the Code of Civil Procedure, 1908 (V of 1908) and shall be deemed to be a Court  \r\n \r\nPage 21 of 86  \r\nwithin the meaning of sections 480 and 482 of the Code. \r\n \r\n40. Decision of the Election Tribunal.—(1) The Election Tribunal may, on the conclusion of \r\ntrial of an election petition, make an order,— \r\n \r\n(a)  dismissing the petition; \r\n \r\n(b)  declaring the election of the returned candidate to be void; \r\n \r\n(c)  declaring the election of the returned candidate to be void and the petitioner or \r\nany other contesting candidate to have been duly elected; or \r\n \r\n(d)  declaring the election as a whole to be void. \r\n \r\n(2) The decision of the Election Tribunal shall take effect from the date on which it is made \r\nand shall be communicated to the Election Commission. \r\n \r\n41. Ground for declaring election of returned candidate void.—(1) The Election Tribunal \r\nshall  declare the election of the returned candidate to be void if it is satisfied that,— \r\n \r\n (a)  the nomination of the returned candidate was invalid; or \r\n \r\n(b)  the returned candidate was not, on the nomination day, qualified for or was \r\ndisqualified from, being elected as a member; or \r\n \r\n(c)  the election of the returned candidate has been procured or induced by any \r\ncorrupt or illegal  practice; or \r\n \r\n(d)  corrupt or illegal practice has been committed by the returned candidate or his \r\nelection agent or by any other person with the connivance of the candidate or \r\nhis election agent. \r\n \r\n(2)  The election of a returned candidate shall not be declared void if the Election Tribunal \r\nis satisfied that any corrupt or illegal practice was committed without the consent or connivance of that \r\ncandidate or his election agent and that the candidate and the election agent took all reasonable  \r\nprecaution to prevent its commission. \r\n \r\n42. Ground for declaring a person other than a returned candidate elected.—The Election \r\nTribunal shall declare the election of the returned candidate to be void and the petitioner or any other  \r\ncontesting candidate to have been duly elected, if it is so claimed by the petitioner or any of the  \r\nrespondents and the Election Tribunal is satisfied that the petitioner or such  contesting candidate was \r\nentitled to be declared elected. \r\n \r\n43. Ground for declaring elections as a whole void. — The Election Tribunal shall declare \r\nthe election as a whole to be void if it is satisfied that the result of the election has been materially  \r\naffected by reasons of,— \r\n \r\n(a)  the failure of any person to comply with the provisions of this Act or the rules; \r\nor \r\n \r\n(b)  the prevalence of extensive corrupt or illegal practice at the election. \r\n \r\nPage 22 of 86  \r\n44. Decision in case of equality of votes. —Where after the conclusion of the trial, it appears \r\nthat  there is an equality of votes between two or more contesting candidates and the addition of one \r\nvote for one such candidate would entitle him to be declared elected, the Election Tribunal shall draw \r\na lot  in respect of such candidates and the candidate on whom the lot falls shall be deemed to have  \r\nreceived the highest number of votes entitling him to be declared elected. \r\n \r\n45. Appeal against the orders of Election Tribunal.—(1) Any person aggrieved by a final \r\norder of an Election Tribunal may, within thirty days of the communication of such order, prefer an \r\nappeal to the Islamabad High Court. \r\n \r\n(2) The Islamabad High Court shall decide  an appeal preferred under sub­section (1) within  \r\nninety days. \r\n \r\n46. Corrupt practice.―A person guilty of bribery, personating or undue influence shall be \r\npunishable with imprisonment for a term which may extend to three years or with fine which may  \r\nextend to one hundred thousand rupees or with both. \r\n \r\n47. Bribery.―A person is guilty of bribery if he, directly or indirectly, by himself or by any \r\nother person on his behalf,— \r\n \r\n(a)  receives, agrees or contracts for any gratification for voting or refrains from \r\nvoting or refrains from being a candidate at or withdrawing or retiring from, an \r\nelection; \r\n \r\n(b)  gives, offers or promises any gratification to any person for the purpose of — \r\n \r\n(i)  inducing a person to be or to refrain from being a candidate at an \r\nelection; or \r\n \r\n(ii)  inducing a voter to vote or refrain from voting at any election; or \r\n \r\n(iii)  inducing a candidate to withdraw or retire from an election; or \r\n \r\n(iv)  rewarding a person for having been or for having refrained from being a \r\ncandidate at an  election; or \r\n \r\n(v)  rewarding a voter for having  voted or refrained from voting at an \r\nelection; or \r\n \r\n(vi)  rewarding a candidate for having withdrawn or retried from an election. \r\n \r\nExplanation:—In this section, ‘gratification’ includes a gratification in money or estimable \r\nin  money and employment for reward. \r\n \r\n48. Personating.―A person is guilty of personating, if he votes or applies for a ballot paper \r\nfor voting as some other person whether that other person is living, dead or fictitious. \r\n \r\n49. Undue influence.— A person is guilty of undue influence, if he,— \r\n \r\n(a)  in order to compel any person to vote, refrain from voting, or to induce or \r\n \r\nPage 23 of 86  \r\ncompel any person to withdraw his candidature at an election, directly or \r\nindirectly, by himself or by any other person on his behalf— \r\n \r\n(i)  makes or threatens to make use of any force, violence or restraint; \r\n  \r\n(ii)  inflicts or threatens to inflict any injury, damage, harm or loss; or \r\n \r\n(iii)  uses any official influence or Governmental patronage; or \r\n \r\n(b)  on account of any person having voted or refrained from voting, or having \r\nwithdrawn his candidature, does any of the acts specified in clause (a); or \r\n \r\n(c)  by abduction, duress or any fraudulent device or contrivance— \r\n \r\n(i)  impedes or prevents the free exercise of the franchise by a voter; or \r\n \r\n(ii)  compels, induces or prevails upon any voter to refrain from voting or \r\ncompels any voter to vote. \r\n \r\nExplanation:—In this section, ‘harm’ includes social ostracism or excommunication or \r\nexpulsion from any caste or community. \r\n \r\n50. Illegal practice.— A person is guilty of illegal practice punishable with fine which may \r\nextend  to two thousand rupees, if he — \r\n \r\n(a)  obtains or procures, or attempts to obtain or procure, the assistance of any \r\nofficer or official of the Federal Government, or a local government or authority \r\nto further or hinder the election of a candidate; \r\n \r\n(b)  votes or applies for a ballot paper for voting at an election knowing that he is not \r\nqualified for  voting or is disqualified from voting; \r\n \r\n(c)  votes or applies for a ballot paper  for voting more than  once at any  polling \r\nstation; \r\n \r\n(d)  removes a ballot paper or a ballot box from a polling station or destroys, damages \r\nor tampers  with the ballot­box used at a polling station; \r\n \r\n(e)  knowingly induces or procures any person to do any of the aforesaid acts; \r\n \r\n(f)  fails to provide statement of election expenses as required under this Act; \r\n \r\n(g) makes or publishes a false statement— \r\n \r\n(i)  concerning the personal character of a candidate or his relation \r\ncalculated to adversely  affect the election of such candidate or, for \r\npurposes of promoting or procuring the  election of another candidate, \r\nunless he proves that he had reasonable ground for  believing, and did \r\nbelieve, the statement to be true; \r\n \r\n(ii)  relating to the symbol of a candidate whether or not such symbol has \r\nbeen allocated to such candidate; or \r\n \r\nPage 24 of 86  \r\n(iii)  regarding the withdrawal of a candidate; \r\n \r\n(h)  knowingly, in order to support or oppose a candidate, lets, lends, employs, hires, \r\nborrows or uses any vehicle or vessel for purposes of conveying voters to or \r\nfrom the polling station, except when a person conveys himself or any member \r\nof the household to which he belongs, to or from the polling station; or \r\n \r\n(i)  causes or attempts to cause any person present and waiting to vote at the polling \r\nstation to depart without voting. \r\n \r\n51. Prohibition of canvassing.—A person is guilty of an offence punishable with fine which \r\nmay extend to two thousand rupees, if he, on the polling day in connection with the election,— \r\n \r\n(a) convenes, calls or organises within a ward any meeting; or \r\n \r\n(b)  within a radius of two hundred meters of the polling station— \r\n \r\n(i) canvasses for votes; \r\n \r\n(ii) solicits vote of any voter; \r\n \r\n(iii) persuades any voter  not to vote at the election or  for a particular \r\ncandidate; or \r\n \r\n(iv)  exhibits, except with the permission of the returning officer and at place \r\nreserved for the  candidate or his polling agent beyond the radius of one \r\nhundred meters of the polling  station, any notice, sign banner or flag \r\ndesigned to encourage the voters to vote, or  discourage the voters from \r\nvoting, for any contesting candidate. \r\n \r\n52. Disorderly conduct near polling station.— A person is guilty of an offence punishable \r\nwith imprisonment for a term which may extend to three months, or with fine which may extend to \r\nthree thousand rupees or with both, if he— \r\n \r\n(a)  uses, in such manner as to be audible within the polling station any gramophone, \r\nmegaphone, loudspeaker or other apparatus for reproducing or amplifying  \r\nsounds; or \r\n \r\n(b)  persistently shouts in such manner as to be audible within the polling station; or \r\n \r\n(c)  does any act which— \r\n \r\n(i) disturbs or causes annoyance to any voter visiting a polling station for \r\nthe purpose of  voting; or \r\n \r\n(ii)  interferes with the performance of the duty of a presiding officer polling \r\nofficer or any other person performing any duty at a polling station; or \r\n \r\n(d) abets the doing of any of the aforesaid acts. \r\n \r\n \r\nPage 25 of 86  \r\n53. Tampering with papers.— A person is guilty of an offence punishable with imprisonment \r\nfor  a term which may extend to six months or with fine which may extend to twenty thousand rupees \r\nor with both, if he— \r\n \r\n(a) fraudulently defaces or destroys any nomination paper or ballot paper; \r\n \r\n(b) fraudulently takes out of the polling station any ballot paper or puts into any, \r\nballot box any   ballot paper other than the ballot paper he is authorized under \r\nthe rules to put in; \r\n \r\n(c) without due authority— \r\n \r\n(i) supplies any ballot paper to any person; \r\n \r\n(ii) destroys, takes, opens or otherwise interferes with any ballot box or \r\npacket or ballot papers in use for the purpose of election; or \r\n \r\n(iii) breaks any seal affixed in accordance with the provisions of the rules; or \r\n \r\n(d) causes any delay or interruption in the beginning, conduct or completion of the \r\nprocedure required to be immediately carried out on the close of the poll; or \r\n \r\n(e) fraudulently or without due authority attempts to do any of the aforesaid acts. \r\n \r\n54. Interference with the secrecy of voting. —A person is guilty of an offence punishable \r\nwith imprisonment which may extend to six months or with fine which may extend to twenty thousand \r\nrupees or with both, if he,— \r\n \r\n(a)  interferes or attempts to interfere with a voter when he records his vote; \r\n \r\n(b)  in any manner obtains or attempts to obtain, in a polling station, information as \r\nto the candidate for whom a voter in that station is about to vote or has voted; or \r\n \r\n(c)  communicates at any time any information obtained in a polling station about \r\nthe candidate for whom a voter in that station is about to vote or has voted. \r\n \r\n55. Failure to maintain secrecy.—Any candidate or polling agent attending a polling station, \r\nor any person attending the counting of votes, is guilty of an offence punishable with imprisonment  \r\nwhich may extend to six months or with fine which may extend to twenty thousand rupees or with  \r\nboth, if he— \r\n \r\n(a) fails to maintain or aid in maintaining the secrecy of voting; or \r\n \r\n(b) communicates any information obtained at the counting of votes as to the \r\ncandidate for whom any vote is given by any particular ballot paper. \r\n \r\n56. Conduct of officials.—A presiding officer, polling officer or any other officer or official  \r\nperforming duty in connection with an election, or any member of a police force, is guilty of an offence \r\npunishable with imprisonment for a term which may extend to six months  or with fine which  may \r\nextend to twenty thousand rupees or with both, if he, during the conduct or management of an election \r\n \r\nPage 26 of 86  \r\nor maintenance of order at the polling station:— \r\n \r\n(a) persuades any person to give his vote; \r\n \r\n(b) dissuades any person from giving his vote; \r\n \r\n(c) influences in any manner the voting of any person; \r\n \r\n(d) does any other act calculated to further or hinder the election of a candidate; \r\n \r\n(e) fails to maintain or aid in maintaining the secrecy of voting; \r\n \r\n(f) communicates, except for any purpose authorised by any law, to any person \r\nbefore the poll is  closed any information as to the name or number on the \r\nelectoral roll of any voter who has or has not applied for a ballot paper, or has \r\nor has not voted at a polling station; or \r\n \r\n(g) communicates any information obtained at the counting of votes as to the \r\ncandidate for  whom any vote is given by any particular ballot paper. \r\n \r\n57. Breaches of official duty in connection with election. —A Returning Officer, Assistant \r\nReturning Officer, Presiding Officer, Assistant Presiding Officer, or any other person employed by  \r\nany such officer in connection with his official duties imposed by or under this Act is guilty of an  \r\noffence punishable with imprisonment for a term which may extend to two years or with fine which  \r\nmay extend to fifty thousand rupees or with both, if he, willfully and without reasonable cause,  \r\ncommits breach of any such official duty, by act or omission. \r\n \r\n58. Assistance by Government servants.—A person in the service of the Government, a local \r\ngovernment or a body owned or controlled by the Government or a local government is guilty of an  \r\noffence punishable with imprisonment for a term which may extend to six months or with fine which \r\nmay extend to twenty thousand rupees, or with both if he, in any manner, gives any assistance  \r\ncalculated to further or hinder the election of a candidate. \r\n \r\n59. Summary trial.—All offences under this Chapter except the offence under section 46 shall \r\nbe tried summarily under the provisions of the Code. \r\n \r\n60. Cognizance.—A Court shall not take cognizance of an offence under section 56 or section \r\n57 except on a complaint in writing of the Election Commission or the Returning Officer. \r\n \r\n61. Offence to be cognizable.—An offence punishable under section 46 shall be acognizable \r\noffence. \r\n \r\n62. Prosecution of offences under this Chapter.—(1) Subject to section 59, a Court shall not \r\ntake cognizance of an offence under this Chapter except on a complaint in writing made by order or  \r\nunder authority of the Election Commission. \r\n \r\n(2) An offence punishable under this Chapter shall be triable by a Magistrate of first class and \r\nif a Magistrate lacks jurisdiction to try such case it shall be tried by a court of competent jurisdiction. \r\n \r\n \r\n \r\nPage 27 of 86  \r\nCHAPTER VI \r\n \r\nEXECUTIVE POWERS AND CONDUCT OF BUSINESS \r\n \r\n63. Executive authority and conduct of business. —(1) The executive authority of a  local \r\ngovernment shall extend to doing of all acts necessary for the due discharge of its functions under this \r\nAct. \r\n \r\n(2) Save as otherwise provided, the executive authority of a local government shall vest in and \r\nbe    exercised by its Mayor or Chairman. \r\n \r\n(3) All acts of a local government, whether executive or otherwise, shall be expressed to be \r\ntaken  in the name of the local government and shall be authenticated in the manner prescribed. \r\n \r\n(4) For Metropolitan Corporation, the Government shall appoint  a Chief Officer and such \r\nnumber   of other officers as may be prescribed. \r\n \r\n(5) The Chief Officer of Metropolitan Corporation shall be its Principal Accounting Officer \r\nand, in case of a Union Council, the Chairman of the Union Council shall be the Principal Accounting \r\nOfficer. \r\n \r\n(6) The Chief Officer shall ensure coordination between the Metropolitan Corporation and the \r\nUnion Councils in Islamabad Capital Territory and the Government. \r\n \r\n(7) The Chief Officer shall be responsible for ensuring adherence by the Metropolitan \r\nCorporation to all laws, policies and oversight framework of the Government in the prescribed manner. \r\n \r\n64. Additional functions.—(1) The Government may, in the prescribed manner, devolve one \r\nor more of its functions to a local government for improved and efficient service delivery to the citizens. \r\n \r\n(2) In the performance of the functions mentioned in sub­section (1), a local government shall \r\nbe bound by the directions of the Government. \r\n \r\n(3) The Government shall, in the prescribed manner, provide technical support and fiscal \r\nresources required for carrying out the said functions by a local government. \r\n \r\n65. Delegated functions.—(1) The Metropolitan Corporation may, in the prescribed manner,  \r\ndevolve one or more of its functions to the Union Councils for improved and efficient service delivery \r\nto the citizens. \r\n \r\n(2) In the performance of the function mentioned in sub­section (1), a Union Council shall be \r\nbound by the directions of the Metropolitan Corporation. \r\n \r\n(3) The Metropolitan Corporation shall, in the prescribed manner, provide technical support \r\nand fiscal resources required for carrying out the devolved functions by a Union Council. \r\n \r\n66. Conduct of business.—(1) The business of a local government shall be conducted in the  \r\nprescribed manner. \r\n \r\n(2) Any proceedings or decision of a local government shall not be invalid merely because of \r\n \r\nPage 28 of 86  \r\na vacancy or defect in the membership of the local government. \r\n \r\n(3) A local government may appoint committees consisting of such number of its members and \r\nother persons to perform such functions and in such manner as may be prescribed. \r\n \r\n67. Meetings.—(1) A local government shall, within three months of the assumption of office, \r\nframe bye­laws for the conduct of its meetings. \r\n \r\n(2) A meeting of a local government shall be presided over by the Mayor or Chairman and, in \r\nhis  absence, by the Deputy Mayor or Vice Chairman and, in the absence of both, by a member \r\nchosen  for that purpose by the members present. \r\n \r\n(3) A local government shall hold at least one meeting during a month. \r\n \r\n(4) A meeting of a local government shall be open to public except when a local government, \r\nby simple majority, decides to consider any matter in a session attended exclusively by its members \r\nand officials. \r\n \r\n(5) The Chief Officer or an officer authorised by him shall record minutes of the meeting of a  \r\nlocal government and submit the same to the person who presided the meeting for approval. \r\n \r\n(6) The Chief Officer shall, after approval, issue the minutes of a meeting under his signatures. \r\n \r\n(7) A member who, directly or indirectly, by himself or by any partner, employer or employee \r\nhas any share or interest in respect of any matter or has acted professionally, in relation to any matter \r\non behalf of any person having therein any share or interest as aforesaid, shall not vote or take any \r\nother part in any proceedings of the local government or any of its committees. \r\n \r\n68. Contracts.—(1) All contracts made by or on behalf of a local government shall be,— \r\n \r\n(a) in writing and expressed to be made in the name of the local government; \r\n \r\n(b) executed in such manner as may be prescribed; and \r\n \r\n(c) reported to the local government by the Mayor or the Chairman at the meeting \r\nnext following the execution of the contract. \r\n \r\n(2) A local government may assign any of its functions to a public or private organization on \r\nsuch terms and conditions or enter into public­private  partnership for efficient performance of any of \r\nits functions as may be prescribed. \r\n \r\n69. Reporting and evaluation.—(1) A local government shall— \r\n \r\n(a) maintain such record of its working as may be prescribed  or required by the \r\nGovernment; \r\n \r\n(b) prepare and publish such periodical reports and returns as may be prescribed or \r\nrequired by  the Government; and \r\n \r\n(c) adopt such other measures as may be necessary for the publ ication of \r\n \r\nPage 29 of 86  \r\ninformation about the working of the local government. \r\n \r\n(2) The performance evaluation of officers and officials of the local governments shall be made \r\nin  the prescribed manner. \r\n \r\n \r\nCHAPTER VII \r\n \r\nUNION COUNCILS \r\n \r\n70. Union Councils.—(1) A Union Council shall be a body corporate having perpetual \r\nsuccession and a common seal, with power to acquire and hold property and enter into any contract  \r\nand may sue and be sued in its name. \r\n \r\n(2) The Chairman of a Union Council shall be the executive head of the Union Council and the \r\nVice Chairman of the Union Council shall perform the functions of the Chairman when the Chairman \r\nis unable to perform his functions on account of absence or for any other reason. \r\n \r\n(3) A Chairman of a Union Council shall,— \r\n \r\n(a) provide leadership for preparation of budget and the annual development plan; \r\n \r\n(b) present the budget in the Union Council; \r\n \r\n(c) ensure that the business of Union Council is carried out strictly in accordance \r\nwith this Act and other laws; \r\n \r\n(d) issue executive orders to the Union Secretaries; \r\n \r\n(e) represent the Union Council in the Metropolitan Corporation; and \r\n \r\n(f) report to the concerned authorities in respect of­ \r\n \r\n(i) encroachment on State or  local government property  and violation of \r\nland use and  building laws, rules and bye­laws; \r\n \r\n(ii) dangerous and offensive articles and trades mentioned in First Schedule; \r\n \r\n(iii) environmental and health hazards; and \r\n \r\n(iv) adulteration of articles of food. \r\n \r\n(4) A Union Council Secretary, under the supervision of the Chairman, shall coordinate and  \r\nfacilitate in community development, functioning of  the committees and delivery of municipal \r\nservices. \r\n \r\n(5) The Government may, in the prescribed manner, issue a schedule of establishment for a \r\nUnion Council. \r\n \r\n71. Functions of the Union Council.—(1) A Union Council shall, subject to the provisions of \r\n \r\nPage 30 of 86  \r\nthe Capital Development Authority Ordinance, 1960, perform functions specified in the Second \r\nSchedule. \r\n \r\n \r\nCHAPTER VIII \r\n \r\nMETROPOLITAN CORPORATION \r\n \r\n72. Metropolitan Corporation. ―The Metropolitan Corporation shall be a body corporate \r\nhaving perpetual succession a nd a common seal, with power to acquire and hold property and enter \r\ninto any contract and may sue and be sued in its name. \r\n \r\n \r\n73. Functions of Metropolitan Corporation. —(1)The Metropolitan Corporation shall, \r\nsubject to the provisions of Capital Development Authority Ordinance, 1960 and Islamabad Capital \r\nTerritory Zoning Regulations 1992 perform functions mentioned in Third Schedule subject to issuance \r\nof Notification by the Federal Government. \r\n \r\n(2) The Metropolitan Corporation may entrust any of its functions to a person, an authority,  \r\nagency or company through a contractual arrangement, on such terms and conditions as may be  \r\nprescribed. \r\n \r\n74. Executive Authority.—(1) A Mayor shall be the executive head of the Metropolitan \r\nCorporation. \r\n \r\n(2) The Deputy Mayor, and in case there are more than one Deputy Mayor, the Deputy Mayor \r\nwho is senior in age, shall perform the functions of the Mayor if the Mayor is unable to perform hi s \r\nfunctions on account of absence or for any other reason. \r\n \r\n(3) The Chief Officer shall coordinate and facilitate the performance of functions assigned to \r\nthe Metropolitan Corporation under the supervision of the Mayor. \r\n \r\n75.  Mayor.—(1) The Mayor shall— \r\n \r\n(a) provide vision for leadership and direction for efficient functioning of the \r\nMetropolitan Corporation in consultation and coordination with other \r\nGovernment agencies and authorities; \r\n \r\n(b) recommend to the Metropolitan Corporation, the strategies, programmes and \r\nservices to address prioritised needs; \r\n \r\n(c) recommend or determine the best way to implement those strategies, \r\nprogrammes and services through partnerships, delegations, contracts and other \r\nmeans to the maximum benefit of the community; \r\n \r\n(d) maintain administrative and financial discipline of the Metropolitan \r\nCorporation; \r\n \r\n(e) present tax proposals to the Metropolitan Corporation; \r\n \r\n \r\nPage 31 of 86  \r\n(f) issue executive orders to the municipal offices for discharge of the functions of \r\nthe Metropolitan Corporation; \r\n \r\n(g) represent the Metropolitan Corporation on public and ceremonial occasions; \r\n \r\n(h) present proposal to the Metropolitan Corporation for approval of budget; \r\n \r\n(i) conduct inspections of municipal offices functioning under the Metropolitan \r\nCorporation; and \r\n \r\n(j) To devise mechanisms for accountability and oversight in municipal matters. \r\n \r\n(2) The Mayor shall, in the performance of duties— \r\n \r\n(a) identify and develop criteria in terms of which progress in the implementation \r\nof the  strategies, programmes and services can be evaluated, including key \r\nperformance indicators; \r\n \r\n(b) evaluate progress against the key performance indicators; \r\n \r\n(c) review the performance of the Metropolitan Corporation in order to improve,— \r\n \r\n(i) economy, efficiency and effectiveness; \r\n \r\n(ii) efficiency of revenue collection services; and \r\n \r\n(iii) implementation of the bye­laws; \r\n \r\n(d) oversee formulation and execution of the annual development plan, delivery of \r\nservices and functioning of the Metropolitan Corporation; \r\n \r\n(e) present report on the performance of the Metropolitan Corporation to the house \r\nof the Metropolitan Corporation at least twice a year; and \r\n \r\n(f) perform such other duties and exercise such powers as the Metropolitan \r\nCorporation may delegate. \r\n \r\n76. Chief Officer.—(1) The Chief Officer shall be responsible for— \r\n \r\n(a) coordination; \r\n \r\n(b) internal audit; \r\n \r\n(c) human resource management; \r\n \r\n(d) public relations; \r\n \r\n(e) legal affairs; and \r\n \r\n(f) emergency services. \r\n \r\nPage 32 of 86  \r\n(2) The Chief Officer, in carrying out his functions, shall— \r\n \r\n(a) supervise and coordinate all offices responsible for the provision of municipal \r\nservices; \r\n \r\n(b) prepare a report on the planning and implementation of development plans of \r\nthe Metropolitan Corporation for presentation to the house of the  Metropolitan \r\nCorporation in its Annual budget session; \r\n \r\n(c) ensure that the business of the Metropolitan Corporation is ca rried out in \r\naccordance with the law; \r\n \r\n(d) ensure implementation of environmental and social safeguards; \r\n \r\n(e) effect procurements, as prescribed in accordance with law; and \r\n \r\n(f) take action against violators of this Act, rules or bye­laws. \r\n \r\n77. Municipal offices.—The Government may, in the prescribed manner, issue a schedule of  \r\nestablishment for the Metropolitan Corporation and such schedule may include planning, finance,  \r\nmunicipal regulation and municipal infrastructure offices. \r\n \r\nCHAPTER IX \r\n \r\nLOCAL GOVERNMENT FINANCE \r\n \r\n78. Local Fund and Public Account .—(1) A local government shall establish a Local Fund \r\nand all the revenues received by the local government from the following sources shall be credited to \r\nthe Fund— \r\n \r\n(a) the proceeds of taxes, tolls, fees, rates or charges levied by the local government; \r\n \r\n(b) grants made to or monies received by the local government from the \r\nGovernment or other sources; \r\n \r\n (c) rents and profits payable or accruing to the local government from immovable \r\nproperty vested in or controlled or managed by it; \r\n \r\n(d) proceeds or any other profits from any investment; \r\n \r\n(e) gifts, grants or contributions to the local government by individual or \r\ninstitutions; \r\n \r\n(f) income accruing from markets or fairs regulated by the local government; \r\n \r\n(g) fines and penalties imposed under this Act; \r\n \r\n(h) proceeds from other sources of income which are placed at the disposal of the \r\nlocal  government under directions of the Government; \r\n \r\n \r\nPage 33 of 86  \r\n(i) all monies transferred to the local government by the Government; and \r\n \r\n(j) monies transferred by another local government under this Act. \r\n \r\n(2) The Government shall transfer the grants of a local government, in the shape of share in the \r\nproceeds of taxes of the local government collected by the Government, to the Local Fund of the local \r\ngovernment on monthly basis. \r\n \r\n(3) Every local government shall maintain a Public Account to place all revenues received by \r\nthe local government from the following sources— \r\n(a) receipts accruing from trusts administered or managed by the local government; \r\n \r\n(b) refundable deposits received by the local government; and \r\n \r\n(c) deferred liabilities. \r\n \r\n(4) A local government may establish and maintain a separate account for any special purpose \r\nto which one or more sources of revenue mentioned in sub­section (1) or any part of these sources or \r\nany specified portion of the Local Fund may be assigned. \r\n \r\n(5) The separate account under sub­section (1) shall be maintained, administered and regulated \r\nas  if it were a Local Fund. \r\n \r\n79. Custody of Local Fund and Public Account.—The monies credited to the Local Fund or \r\nthe Public  Account of a local government shall be kept and operated in an account of the local \r\ngovernment in such manner as may be prescribed. \r\n \r\n80. Charged expenditure.—(1) The following expenditure shall be charged upon the Local \r\nFund— \r\n \r\n(a) the money required for repayment of loans; \r\n \r\n(b) the money required to satisfy any judgment, decree or award against the local \r\ngovernment; \r\n \r\n(c) the money that the local government may be required by the Government to \r\ncontribute towards the conduct of local government elections and other deferred \r\nliabilities of the local government; and \r\n \r\n(d) such other expenditure of local government as may be prescribed. \r\n \r\n(2) If any expenditure is a charge upon the Local Fund and is not paid, the Government may, \r\nby order, direct the person having the custody of the respective Local Fund to pay such amount from \r\nthe Local Fund. \r\n \r\n81. Application of Local Fund.—(1) Monies credited to a Local Fund shall be expended in  \r\naccordance with the annual budget and revised budget estimates approved by the local government. \r\n \r\n(2) A local government shall not transfer monies to any other local government except by way \r\nof payment of debts, for carrying out deposit works or for such other purposes as may be prescribed. \r\n \r\nPage 34 of 86  \r\n(3) The application of Local Fund shall be subject to the budgetary constraints and according \r\nto the minimum prescribed ratio of development and non­development expenditures. \r\n(4) Where a new local government is to take over during a financial year as a result of fresh  \r\nelections, the outgoing local  government shall not spend funds or make commitments for any \r\nexpenditure under any demand for grant or  appropriation in excess of eight percent per month of the  \r\nbudgeted funds for the remainder of its term in office in that financial year. \r\n \r\n82. Budget.—(1) The annual budget for a local government shall contain estimates of— \r\n \r\n(a) grants from the Government; \r\n \r\n(b) amounts available in the Local Fund; \r\n \r\n(c) receipts for the next year; and \r\n \r\n(d) expenditure to be incurred for the next year. \r\n \r\n(2) The Government shall, sufficiently before the beginning of each financial year, notify the  \r\nprovisional share, which may be credited to the Local Fund of a local government. \r\n \r\n(3) The functionaries of a local government may re­appropriate budget in accordance with the \r\npowers of re­appropriation delegated to them by the local government and at the end of the financial \r\nyear, a revised budget shall be submitted to the local government for approval. \r\n \r\n(4) A demand for a grant shall not be made except on the recommendation of the Mayor or the \r\nChairman. \r\n \r\n(5) Conditional grants from the Government or other local government shall be shown \r\nseparately in the budget and shall be governed by the conditions on which such grants were made. \r\n \r\n(6) A local government shall prepare the budget in the prescribed manner and in accordance \r\nwith the chart of accounts notified by the Auditor­General of Pakistan. \r\n \r\n83. Approval of budget.—(1) Before the commencement of the next financial year, the \r\nMayor or Chairman shall present the budget for consideration and approval of the local government. \r\n \r\n(2) The local government  may discuss the  charged expenditure but shall not  vote on such \r\nexpenditure. \r\n \r\n(3) The budget of a local government shall, subject to quorum, be approved by simple majority \r\nand the local government shall not take up any other business during the budget session. \r\n \r\n(4) The Government may review approved budget of a local government, and if found contrary \r\nto  the budget rules, may require the local government to rectify it. \r\n \r\n(5) A budget shall not be approved if the sums required to meet estimated expenditure including \r\nprevious liabilities and commitments exceed the estimated receipts. \r\n \r\n(6) In case a budget is not approved by a local government before the commencement of the  \r\nfinancial year to which it relates, the local government shall spend money under various objects, on  \r\n \r\nPage 35 of 86  \r\npro­rata basis, in accordance with the budgetary provisions of the preceding financial year for a period \r\nnot exceeding thirty days. \r\n \r\n(7) A local government shall not spend funds or make commitments for any expenditure, under \r\nany demand for grant or appropriation, in excess of eight percent of the amount budgeted in the  \r\npreceding year within the period of thirty days mentioned in sub­section (6). \r\n \r\n(8) In case, a local government fails to pass the budget within the extended period as specified \r\nin sub­section (6), the Government shall prepare, approve and authenticate the budget of the local  \r\ngovernment for full year. \r\n \r\n(9) After approval of  the budget by a local government,  the Mayor or the Chairman shall \r\nauthenticate under his signature a schedule specifying,— \r\n \r\n(a) grants made or deemed to have been made by the local government; and \r\n \r\n(b) sums required to meet the expenditure charged upon the Local Fund. \r\n \r\n(10) The schedule authenticated under sub­section (8) shall be laid before the local government \r\nbut shall not be open to discussion or vote. \r\n \r\n(11) The authenticated schedule shall be communicated to the local government functionaries, \r\naccounts officials and the Government. \r\n \r\n(12) At any time before the expiry of the financial year to which the budget relates, a revised  \r\nbudget for the year may, if necessary, be prepared and such revised budget shall be approved in the  \r\nmanner as that of annual budget. \r\n \r\n84. Honoraria and allowances. —A local government may, subjec t to the prescribed \r\nlimitations, make budgetary provisions for honoraria and allowances of the Mayor, Chairman, Deputy \r\nMayor, Vice Chairman or a member of the local government. \r\n \r\n85. Accounts.—(1) The accounts of all receipts and expenditure of a local government shall \r\nbe kept in such form and in accordance with such principles and methods as may be prescribed by the \r\nAuditor­General of Pakistan. \r\n \r\n(2) In addition to maintenance of accounts by Metropolitan Corporation, the government may \r\nnotify any other officer(s) to maintain such accounts also. \r\n \r\n(3) The Union Secretary shall maintain the accounts of the Union Council. \r\n \r\n(4) The officer(s) notified under sub­section (2) shall pre­audit all the payments from the Local \r\nFund of a local government other than the payments from the Local Fund of the Union Councils. \r\n \r\n(5) The Union Secretary shall pre­audit  all the payments from the Local Fund of the Union  \r\nCouncil. \r\n \r\n(6) A local government shall not withdraw or disburse money from the Local Fund unless it is \r\npre­audited in the prescribed manner. \r\n \r\n \r\nPage 36 of 86  \r\n(7) The officer(s) notified under sub­section (2) shall, by fif teenth day of July, prepare an \r\nannual statement of receipts and expenditures of the accounts of local governments for the preceding \r\nfinancial year and shall transmit the statement to the Government and the concerned local government. \r\n \r\n(8) A copy of the annual statement of accounts shall be displayed at a conspicuous place in the \r\noffice of the local government, and on the internet or web, for public inspection and all objections or  \r\nsuggestions concerning such accounts received from the public shall be con sidered by the local  \r\ngovernment and appropriate decision shall be taken. \r\n \r\n(9) The Controller General Accounts shall,  on the basis of  such audit as he  may consider \r\nappropriate or necessary, certify the accounts of a local government for each financial year. \r\n \r\n86. Audit.—(1) The Auditor­General shall audit the accounts of a local government in the form \r\nand manner as may be deemed appropriate. \r\n \r\n(2) The audit report of the Auditor­General shall be considered by the Public Accounts \r\nCommittee of the National Assembly. \r\n \r\n(3) If in the opinion of the Government, it is necessary in public interest to have a special audit \r\nof a local government; it may direct that such audit may be conducted either by the officer notified  \r\nunder section 85(2) or any other audit agency. \r\n \r\n(4) After the receipt of special audit report of a local government, the Government may, after  \r\nenquiry by the Local Government Commission constituted under section 95, take appropriate action  \r\non the recommendations of the Commission. \r\n \r\n87. Local government debt. —(1) A local government shall not incur any debt without \r\nprevious approval of the Government. \r\n \r\n(2) A local government may invest surplus funds, if any, in such securities and financial \r\ninstitutions, as may be approved by the Government. \r\n \r\nCHAPTER X \r\n \r\nLOCAL GOVERNMENT TAXATION \r\n \r\n88. Taxes to be levied.—(1) Subject to this Act, a local government may, by notification, levy \r\nany tax, fee, rate, rent, toll, charge or surcharge specified in Fourth Schedule. \r\n \r\n(2) The Government shall vet the tax proposal prior to the approval of the tax by the local  \r\ngovernment in order to ensure that the proposal is reasonable and in accordance with law. \r\n \r\n(3) The Government shall vet the tax proposal within thirty days from the date of receipt of the \r\nproposal failing which it shall be deemed to have been vetted by the Government. \r\n \r\n(4) A local government shall not levy a tax without previous publication of the tax proposal \r\nand inviting and hearing public objections. \r\n \r\n(5) A local government may, subject to provision of sub­section (1), increase, reduce suspend, \r\nabolish or exempt any tax. \r\n \r\nPage 37 of 86  \r\n89. Property tax.—(1) The property tax, under this Act, shall be collected by Metropolitan  \r\nCorporation. \r\n \r\n(2) In matters for which no provision or no adequate provision relating to the property tax has \r\nbeen made under this Act, the provisions of the Urban Immovable Property Tax Act  (West Pakistan \r\nAct V of 1958), as adapted in Islamabad Capital Territory, shall apply. \r\n \r\n(3) The Tax collected under this section shall be distributed amongst the Metropolitan \r\nCorporation and Union Councils in such a ratio as the Government may, by notification specify. \r\n \r\n90. Collection of taxes. —(1) A tax or fee levied under this Act shall be  collected in the \r\nprescribed manner. \r\n \r\n(2) The Government may  prescribe the mode of collection of a tax or a fee levied under this \r\nAct. \r\n \r\n(3) If a person fails to pay any tax or fee or any other money payable to a local government, \r\nthe local government and, if so requested by the local government, the G overnment shall recover the \r\ntax, fee or other money as arrears of land revenue. \r\n \r\n(4) The recovery of tax, fee or other money under sub­section (3) shall not absolve the person  \r\nfrom prosecution of any offence under this Act or any other law. \r\n \r\n91. Additional powers of the Government.___ (1) Notwithstanding anything contained in \r\nthis chapter, the Government may, by rules, determine the minimum rate of a tax or free to be levied \r\nand collected by a local government. \r\n \r\n(2) The Government may, for reasons to be recorded in writing and by notification, exempt the \r\nlevy of any tax or fee of a local government for specified period of not more than fifteen days on any  \r\nspecial occasion or in order to alleviate the specific hardship suffered by people at large or a section  \r\nof people. \r\n \r\nCHAPTER XI \r\n \r\nLOCAL GOVERNMENT RELATIONS \r\n \r\n92. Relations of Government and local governments.___ (1) A local government shall \r\ncollect such tax or taxes within its local area as the Government may direct and the local government \r\nshall, after the collection of such tax or taxes, deposit the receipts in the relevant Government account. \r\n \r\n(2) The Government may provide guidelines and render advice to a local government for \r\nachieving the objectives of Government policy and for promoting economic, social and environmental \r\nsecurity of the Capital Territory. \r\n \r\n93. Powers of the Government.___(1) The Government may issue directions to a local \r\ngovernment and the local government shall be bound by such directions. \r\n \r\n(2) Where the situation demands immediate action and the local government fails to comply \r\nwith the directions given to it under sub­section (1), the Government may direct the officer authorized \r\nby  it to take such action as the situation may necessitate. \r\n \r\nPage 38 of 86  \r\n94. Entrustment of functions to local government.___(1) When the Government requires a \r\nlocal government to perform any specific task  beyond the budgetary  provisions of the local  \r\ngovernment, the  Government shall provide necessary resources to the local government. \r\n \r\n(2) A local government may, with the consent of the Government, entrust any of its functions \r\nto the Government or to any other government. \r\n \r\n(3) The Government may, with the consent of a local government, decentralize any of its offices \r\nother than the offices already decentralized to the local government or entrust any of its functions to \r\nthe local government and in that case the Government shall provide technical and administrative \r\nsupport and fiscal resources for the performance of such functions. \r\n \r\n95. Local Government Commission. —(1) The Government shall appoint a Local \r\nGovernment Commission which shall consist of persons of integrity and good track record of public \r\nservice. \r\n \r\n(2) The Commission shall consist of the following:  \r\n \r\n(a) a Chairman, who shall be a retired civil servant or an eminent citizen of integrity \r\nand good track record, to be appointed by the Government; \r\n \r\n(b) two members of the Senate, one each nominated by the leader of the House and \r\nleader of the Opposition in the Senate; \r\n \r\n(c) two members of the National Assembly, one each nominated by the leader of \r\nthe House and leader of the Opposition in the National Assembly; \r\n \r\n(d) two eminent, qualified and experienced technocrat memb ers nominated by the \r\nGovernment, including at least one woman; \r\n \r\n(e) Representative of Chief Commissioner Islamabad Capital Territory office not \r\nbelow the rank of BS­19; \r\n \r\n(f) Director, Development and Finance, Islamabad Capital Territory; \r\n \r\n(3) The Director, Development and Finance, Islamabad Capital Territory shall be the Secretary \r\nof  the Commission. \r\n \r\n(4) The Local Government Commission may co­opt any official of the Government for any  \r\nspecific assignment. \r\n \r\n(5) Subject to sub­section (6), the tenure of the members of the Local Government Commission, \r\nother than the Chairman, Secretary and representatives of Chief Commissioner and Chairman Capital \r\nDevelopment Authority, shall be five years. \r\n \r\n(6) The Government may, after serving a notice and opportunity of hearing, remove a member \r\nof the Commission after recording reasons. \r\n \r\n(7) In the event of a casual vacancy in the membership of the Commission, the Government \r\nshall, for the residual period, appoint another person of the same categor y as member of the \r\n \r\nPage 39 of 86  \r\nCommission in accordance with the provisions of subsection (1). \r\n \r\n(8) The Ministry of Interior or the Administration shall provide secretarial support to the \r\nCommission by establishing a separate Secretariat of the Commission. \r\n \r\n(9) No act or proceedings of the Commission shall be invalid by reason or existence of any  \r\nvacancy or defect in the constitution of the Commission. \r\n \r\n(10) The Government shall provide a separate budget for the Commission in the annual budget. \r\n \r\n(11) The Government shall notify the schedule of establishment of the Commission. \r\n \r\n(12) The Secretary of the Commission shall be the Principal Accounting Officer and the \r\nCommission shall have its own drawing and disbursing officer. \r\n \r\n(13) The Government, its departments and agencies shall aid and assist the Commission in \r\nthe performance of its functions. \r\n \r\n96. Functions of the Commission.—(1) The Local Government Commission shall— \r\n \r\n(a)  conduct annual and special inspections of the local governments and submit its \r\nreports to the Government; \r\n \r\n(b)  if so directed by the Government, conduct,: \r\n \r\n(i)  an inquiry by itself or through any other agency about any matter \r\nconcerning a local government; or \r\n \r\n(ii)  audit by itself or direct any other agency to conduct a special audit of a \r\nlocal government; \r\n \r\n(c) resolve the disputes between the Union Council and Metropolitan Corporation, \r\nand the disputes between the local Government and other governmental bodies \r\nand departments, and if the Commission fails to settle the dispute, the aggrieved \r\nparty may move the Government for resolution of the dispute; \r\n \r\n(d) enquire into the matters referred to it by the Government or a Chief Officer and \r\ngive its decision on such matter; \r\n \r\n(e) conduct social and performance audit of the local governments on the basis of \r\nspecific performance indicators through a third party and publish the report of \r\nsuch audit; \r\n \r\n(f) submit to the Government an annual report on the o ver­all performance of the \r\nlocal governments; \r\n \r\n(g) take cognizance of violations of laws and rules by a local government in the \r\nperformance of  its functions; and \r\n \r\n(h) organize consultative planning meetings of National legislators and the Mayors \r\n \r\nPage 40 of 86  \r\non a periodic basis to provide their participation in development activities with \r\nregard to— \r\n(i)  consultative process of the annual development plan; \r\n \r\n(ii) formulating procedure for utilization of the Legislators’ development \r\ngrant; \r\n \r\n(iii) assessing implementation of decision of these meetings; \r\n \r\n(iv) carrying out review of development schemes; and \r\n \r\n(v) facilitation in the performance of  departmental functions of the \r\ndecentralized offices, relating to policy analysis, oversight, checks and \r\nbalances, capacity building and coordination through the Commission. \r\n \r\n(2) The decision of the Commission shall be binding on the local governments failing which the \r\nCommission may report the matter with specific recommendations to the Government for an \r\nappropriate action. \r\n \r\n(3) The Government may, on the recommendation of the Commission, suspend a Mayor or a  \r\nChairman for a maximum period of ninety days for fair conduct of inquiry under sub­section (1) or for \r\npreventing the Mayor or Chairman from continuing with any unlawful activity during the pendency of \r\nthe inquiry. \r\n \r\n(4) Where, on an inquiry under sub­section (1), the Mayor, Deputy Mayor, Chairman or Vice  \r\nChairman is found guilty of misconduct by the Commission, the Commission shall recommend to the \r\nGovernment any appropriate action including removal of the Mayor Deputy Mayor, Chairman or Vice \r\nChairman. \r\n \r\n(5) The Commission may exercise the powers of a civil court und er the Code of Civil \r\nProcedures, 1908 (V of 1908), in respect of the following matters— \r\n \r\n(a) summoning and enforcing the attendance of any person and examining him on \r\noath; \r\n \r\n(b) compelling the production of documents; \r\n \r\n(c) receiving evidence on affidavits; and \r\n \r\n(d) issuing commission for the examination of witnesses. \r\n \r\n97. Responsibility of the Commission.—The Local Government Commission shall be \r\nresponsible to the Government. \r\n \r\n98. Local Government Board.—(1) There shall be constituted a Board to be called the Local \r\nGovernment Board consisting of a Chairman and not less than three and not more than five members  \r\nto be appointed by the Government on such terms and conditions as the Government may determine. \r\n \r\n(2) The Board shall be a body corporate having perpetual succession and a common seal with  \r\npower to acquire, hold and transfer property and shall, by its name, sue or be sued. \r\n \r\nPage 41 of 86  \r\n(3) The Chief Commissioner shall be ex­officio Chairman of the Board. \r\n \r\n(4) The Government shall appoint a Secretary of the Board to deal with day to day \r\nadministration of the Board and to perform such other functions as may be assigned to him by the \r\nBoard. \r\n \r\n(5) A local government shall contribute towards the expenditure of the Board an amount \r\ncalculated at such rate as may, from time to time, be fixed by the Government and the accounts of the \r\nBoard shall be maintained and audited in the prescribed manner. \r\n \r\n(6) The Board shall— \r\n \r\n(a)  make appointments, order transfers, take disciplinary action and deal with other \r\nservice matters in respect of the members of the prescribed local government \r\nservice cadre; \r\n \r\n(b)  set up and operate pension fund and such other funds as may be considered \r\nnecessary for the  benefit and welfare of the employees of the Board and the \r\nprescribed local government service cadre; and \r\n \r\n(c)  perform such other functions as may be prescribed. \r\n \r\n(7) The business of Board shall be conducted in such manner as may be prescribed. \r\n \r\n99. Dissolution of local governments. —(1) Notwithstanding anything to the contrary \r\ncontained in section 29, where, before the expiry of the term of the local governments, the general \r\nelections for National Assembly are announced, the Government may, by notification, dissolve the \r\nlocal governments. \r\n \r\n(2) On the dissolution of the local governments under sub­section (1), all powers and functions \r\nof  the local governments shall be exercised and performed by such persons or authorities as the Board \r\nmay appoint in this behalf as Administrators and the fund s and properties belonging to the local  \r\ngovernments shall vest in Government till such time the elected local governments assume office. \r\n \r\nCHAPTER XII \r\n \r\nLOCAL GOVERNMENT PROPERTY \r\n \r\n100. Ownership of immovable property.—(1) Subject to any reservations made or any \r\nconditions imposed by the Government, the property specified below shall vest in the respective local \r\ngovernment if it is: \r\n \r\n(a) vested in the local government through succession as provided in section 3; \r\n \r\n(b) transferred to the local government by the Government or any other authority, \r\norganisation or  an individual; \r\n \r\n(c) constructed or acquired by the local government with its title; and \r\n \r\n(d) a road,  street or  any other immovable property  developed by the local  \r\n \r\nPage 42 of 86  \r\ngovernment for public purposes with express or implied consent of the owner. \r\n \r\n(2) Until otherwise directed by the Government, the properties of the Government in possession \r\nof the local governments established under the Capital Territory Local Government Ordinance, 1979 \r\nshall pass on to their successors as provided in section 126. \r\n \r\n(3) The successor local governments shall, subject to policy of the Government or contractual  \r\nobligations, make bye­laws for the use, development and management of the local government  \r\nproperties. \r\n \r\n(4) The Government shall not, except with the prior consent of the local government, transfer \r\nan immovable property vested in the local government. \r\n \r\n101. Transfer of property  by the Government.— Subject to such conditions as may be \r\nprescribed, the Government may, on its own accord or on a request by a local government, transfer the \r\nmanagement of nazul land, auqaf land or any other Government or public property to it for  \r\nadministration as a trustee. \r\n \r\n102. Stock taking by the local government.—(1) Every local government shall once in every \r\nyear in July, take the physical stock of its movable and immovable properties and publish the report in \r\nthe prescribed manner. \r\n \r\n(2) The report referred to in sub­section (1) shall contain— \r\n \r\n(a) particulars of the properties held during the preceding year; \r\n \r\n(b) total value of the property, annual return there from and change in its value, if \r\nany; \r\n \r\n(c) particulars of unserviceable articles; \r\n \r\n(d) particulars of losses, if any; and \r\n \r\n(e) proposal for utilization, development and improvement during the following \r\nyear. \r\n \r\n103. Use of properties of local governments.—(1) The properties of local governments shall \r\nbe  used only for public purposes. \r\n \r\n(2) Subject to this section, a local government shall not sell or permanently alienate any of its  \r\nimmovable property. \r\n \r\n(3) A local government may grant lease of its immovable property through competitive bidding \r\nby public auction in the prescribed manner. \r\n \r\n(4) The Government may constitute  a Committee headed by the  Chief Officer of the  local \r\ngovernment to identify the encroached or redundant properties of a local government that may be sold \r\nin the prescribed manner with the approval of the Government and the funds generated from the  sale \r\nof such properties shall be kept in a separate account and be used only for purposes of development. \r\n \r\n \r\nPage 43 of 86  \r\n(5) The movable property of a local government which is required to be disposed of shall be \r\nsold through competitive bidding by public auction. \r\n \r\n104. Acquisition of immovable property.—(1) Whenever any local government considers it \r\nnecessary or expedient it may acquire any immovable property for a public purpose. \r\n \r\n(2) A local government may, in the prescribed manner, purchase an immovable property \r\nthrough an agreement when such property is required for a public purpose. \r\n \r\nCHAPTER XIII \r\nOFFENCES AND ENFORCEMENT \r\n \r\n105. Offences, punishments and their cognizance.—(1) The offences specified in Fifth and  \r\nSixth Schedules shall be liable to punishment by way of imprisonment, fine, seizure, forfeiture,  \r\nconfiscation and impounding and such other penalties as are provided in this Act. \r\n \r\n(2) If a person commits an offence specified in \r\n \r\n(a) Part­I of Fifth Schedule, such person shall be punishable with imprisonment for \r\na term which may extend to seven years, or with fine which may extend to five \r\nhundred thousand rupees or with both and where an accused was directed by the \r\nInspector for immediate discontinuance of the offence, the Court may impose a \r\nfurther fine which may extend to fifty  thousand rupees for every day for the  \r\nperiod the accused has persisted in the offence from the date of its commission; \r\n \r\n(b) Part­II of Fifth Schedule, such person shall be punishable with imprisonment \r\nwhich may  extend to three years or fine which may extend to one hundred \r\nthousand rupees or with both  and where an accused was directed by the \r\nInspector for immediate discontinuance of the offence, the Court may impose a \r\nfurther fine which may extend to ten thousand rupees for  every day for the \r\nperiod the accused persisted in the offence from the date of its commission; \r\n \r\n(c) Part­III of Fifth Schedule, such person shall be punishable with imprisonment \r\nwhich may  extend to six months or fine which may extend to twenty five \r\nthousand rupees or with both  and where an accused was directed by the \r\nInspector for immediate discontinuance of the offence, the Court may impose a \r\nfurther fine which may e xtend to five hundred rupees for  every day for the \r\nperiod the accused persisted in the offence from the date of its commission; and \r\n \r\n(d) Sixth Schedule, such person shall, in the first instance, be liable to fine by \r\nissuing a ticket specified in Seventh Schedule and where an accused repeats the \r\noffence within a period of three months for which the accused was subjected to \r\nfine, he shall be liable to the same punishment as provided in clause (c). \r\n \r\n(3) The offences specified in clauses (a) and (b) o f sub­section (2) shall be cognizable and  \r\ninformation in this regard shall be forwarded to the officer in­charge of a police station by the Inspector \r\nafter prior approval of the Chief Officer for registration of a case against the accused in  accordance \r\nwith the provisions of section 154 of the Code. \r\n \r\n \r\nPage 44 of 86  \r\n(4) A Court shall take cognizance of the offences specified in clause (c) of sub­section (2) on \r\na complaint made in writing by the Inspector after prior approval of the Chief Officer in accordance  \r\nwith the provisions of section 200 of the Code. \r\n \r\n(5) The offences specified in Part­III of Fifth Schedule and Sixth Schedule shall be tried in a  \r\nsummary manner in accordance with the provisions of section 260 to 265 of the Code but the limit of  \r\npunishment mentioned in sub­section (2) of section 262 of the Code shall not be applicable. \r\n \r\n(6) The fines imposed by a Court for an offence specified in Sixth Schedule shall on collection \r\nbe  deposited in the Public Account of the local government. \r\n \r\n(7) The Government may, by notification, entrust to a local government the enforcement of any \r\nother law. \r\n \r\n106. Appointment and control of Inspectors. —(1) The Mayor or the Chairman shall, with \r\nthe approval of the local government, authorize the officials of the local government as Inspectors for \r\nthe enforcement of the offences specified in the Schedules. \r\n \r\n(2) The prescribed officer shall be  the controlling authority  and administrative head of an \r\nInspector and the Inspector shall report to the officer for the enforcement of provisions of this Chapter. \r\n \r\n107. Imposition of fine through ticketing.—(1) Notwithstanding anything contained in this  \r\nChapter, where any person, in the opinion of an Inspector, is contravening any provision of the law  \r\nrelating to the offences specified in Sixth Schedule, the Inspector shall charge the accused by is suing \r\na ticket in the prescribed form for payment of fine specified in Seventh Schedule, if such offence has  \r\nbeen committed for the first time by the accused within three months. \r\n \r\n(2) The ticket referred to in sub­section (1) shall be issued in quadruplicate by delivering three \r\ncopies to the accused after obtaining his signatures or thumb impression on the fourth copy to be  \r\nretained by the Inspector for record. \r\n \r\n(3) The fine may be deposited in the bank account of the local government within ten days \r\nfrom the date of imposition of fine for credit in the Public Account of the local government. \r\n \r\n(4) The person to whom a ticket has been issued under this section may either contest the  \r\nimposition of fine in the Court within ten days from the date of the issuance of the ticket or deposit the \r\nfine within that period and provide a copy of payment receipt to the office of the local government. \r\n \r\n108. Court proceedings for default in deposit of fine.—(1) The prescribed officer shall, on \r\ndaily  basis, provide a scroll of all unpaid tickets to the Court. \r\n \r\n(2) The Court receiving the scroll shall issue summons to the accused forthwith stating the date \r\nof  hearing for summary trial in accordance with the provisions of section 260 to 265 of the Code but \r\nthe  limit of punishment mentioned in sub­section (2) of section 262 of the Code shall not be applicable. \r\n \r\n(3) Where on the first date of hearing, the accused appears before the Court and produces the  \r\nproof of deposit of fine, or unconditionally admitting his failure, deposits the fine forthwith along with \r\nthe penalty which shall not be less than ten percent and not more than twenty five percent of the amount \r\nof fine determined by the Court in accordance with the procedure provided in sub­section (2) of section \r\n388 of the Code further proceedings against the accused may be dropped and no conviction shall be \r\n \r\nPage 45 of 86  \r\nrecorded against him. \r\n \r\n(4) Upon the failure of the accused to appear before the Court in response to the summons \r\nissued by it, the Court shall forthwith issue warrants for arrest of the accused and upon issuance of \r\nsuch warrants the accused will be liable to punishment under clause (c) of sub­section (2) of section \r\n103. \r\n \r\n109. Compounding of offences.— Subject to this Act, a local government shall constitute a  \r\ncommittee consisting of the Mayor or the Chairman as its Convener, an officer of the local government \r\nand a member of the local government as its members for compounding the offences in the prescribed \r\nmanner. \r\n \r\n110. Municipal Wardens.—(1) A local government, other than a Union Council, may, with \r\nthe prior approval of the Government, establish and maintain Municipal Wardens in the pr escribed \r\nmanner. \r\n \r\n(2) The Government may, notwithstanding anything contained in any other law, specify the \r\nduties  which such force may be required to perform. \r\n \r\n111. General powers of Inspectors. —(1) In case of any serious threat to the public health, \r\nsafety      or welfare or danger to life and property, or where violation of any rule or bye­law is being \r\ncommitted, the Inspector may, in his area of jurisdiction, in addition to imposition of fine or initiating \r\nprosecution under this Act— \r\n \r\n(a) suspend any work; \r\n \r\n(b) seize the goods; \r\n \r\n(c) seal the premises; \r\n \r\n(d) demolish or remove the work; or \r\n \r\n(e) issue directions for taking corrective measures within the specified time. \r\n \r\n(2) An Inspector shall not enter any dwelling unit without permission of the occupier or the \r\nCourt. \r\n \r\n(3) An Inspector authorized under section 106 may, in relation to the offences specified in Fifth \r\nSchedule— \r\n \r\n(a) issue notices in writing on behalf of the local government; \r\n \r\n(b) initiate legal proceedings in the Court; and \r\n \r\n(c) assist in defending legal proceedings initiated against the local government. \r\n \r\n112. Rights of citizen not affected.—Nothing contained in this Chapter shall restrict or limit \r\nthe right of the citizens or residents of a local area to bring any suit or other legal proceedings against \r\nany  local government, its officers or other functionaries violating his rights provided by any law. \r\nCHAPTER XIV \r\n \r\nPage 46 of 86  \r\nMISCELLANEOUS \r\n \r\n113. Right to Information.—(1) Subject to any reasonable restrictions imposed under rules, a \r\nperson may seek any information in possession of a local government. \r\n \r\n(2) Every designated functionary of a local government shall, within fifteen days of an \r\napplication, provide requisite information to the applicant on payment of such fee as may be \r\nprescribed. \r\n \r\n(3) A local government shall, on quarterly basis, publish on its website or at prominent place  \r\ninformation about the staffing and the performance of the offices of the local government during the \r\npreceding three months. \r\n \r\n(4) A local government shall maintain records in the prescribed manner with the special \r\nemphasis  on electronic record keeping. \r\n \r\n114. Municipal entities. —(1) A local government other than a Union Council, with the \r\napproval of the Government, may establish an authority, agency or company answerable to the local \r\ngovernment for the performance of municipal functions. \r\n \r\n(2) A local government, other than a Union Council may, with the approval of the Government \r\nand in coordination with any other local government, establish an authority, agency or a company for \r\nan area covering more than one local government. \r\n \r\n(3) An entity established under this section shall be subject to such control as may be prescribed. \r\n \r\n115. Local government servants.—(1) Notwithstanding anything contained in any other law, \r\nthe Government shall, in the prescribed manner, create a service cadre for a local government or a \r\ngroup of local governments. \r\n \r\n(2) The Government may prescribe the terms and conditions for recruitment, promotion, \r\ndismissal, disciplinary, conduct and any other related service matter for the service cadre mentioned  \r\nin sub­section (1). \r\n \r\n(3) A local government other than a Union Council may, in the prescribed manner, absorb an \r\nemployee, already working in any other municipal body/local government prior to the commencement \r\nof this Act, with the consent of the employee against an equivalent pay scale. \r\n \r\n116. Appeals.―A person aggrieved by any order passed by a local government or its \r\nfunctionaries may prefer an appeal to such authority, in such a manner and within such time as may be \r\nprescribed and an order passed in appeal shall be final. \r\n \r\n117. Power to make rules.—(1) The Government may, subject to previous publication and by \r\nnotification, make rules for carrying out the purposes of this Act. \r\n \r\n(2) In particular and without prejudice to the generality of the foregoing powers, such rules \r\nmay provide for all or any of the matters specified in Part­I of Eighth Schedule. \r\n \r\n(3) The rules made under sub­section (1) shall meet the following considerations— \r\n(a) consistency with democratic decentralisation; \r\n \r\nPage 47 of 86  \r\n(b) enhancement of welfare of the people; \r\n \r\n(c) fairness and clarity; and \r\n \r\n(d) natural justice and due process of law. \r\n \r\n118. Bye­laws.—(1) A local government may, and if required by the Government shall, make \r\nbye­laws not inconsistent with this Act and the rules to give effect to the provisions of this Act. \r\n \r\n(2) The bye­laws made by a local government shall come into force from the date the bye­laws \r\nare published in the official Gazette or on the website specified by the Government. \r\n \r\n(3) In particular and without prejudice to the generality of the foregoing power, the bye­laws \r\nmay  provide for all or any of the matters specified in Part­II of Eighth Schedule. \r\n \r\n119. Delegation of powers.—(1) The Government may, subject to such conditions as may be \r\nspecified, delegate any of its functions under this Act to an officer sub­ordinate to it except the power \r\nto make rules, to suspend or remove a Mayor or Chairman or to dissolve the local governments. \r\n \r\n(2) Subject to the rules, a local government may delegate any of its powers, including financial \r\npowers under this Act or rules or bye­laws to the Mayor, Chairman, Deputy Mayor or Vice Chairman \r\nor any of its members or officers as it may deem fit, except the powers to make bye­laws a nd to pass \r\nannual or revised budget. \r\n \r\n120. Action taken in good faith. —No suit, prosecution, or other legal proceedings shall lie  \r\nagainst any public servant serving in a local government for anything done in good faith under this  \r\nAct. \r\n \r\n121. General powers of local governments.—Notwithstanding any specific provision of this \r\nAct, a local government shall perform its functions conferred by or under this Act and exercise such  \r\npowers and follow such procedures as are enumerated in Ninth Schedule. \r\n \r\n122. Members and servants of local governments to be public servants. —Every member \r\nand every servant of a local government, and every other person duly empowered to act on behalf of a \r\nlocal government, shall be deemed to be a public servant with in the meaning of section 21 of the  \r\nPakistan Penal Code, 1860 (Act XLV of 1860). \r\n \r\n123. Bar against employment.—The Mayor, Chairman, Deputy Mayor, Vice Chairman or a  \r\nmember of a local government shall not be employed under such local government for a period of one \r\nyear from the date on which he ceases to be the Mayor, Chairman, Deputy Mayor, Vice Chairman or  \r\nmember. \r\n \r\n124. Conciliation (Musalihat) Council.—(1) The Government shall constitute a Conciliation \r\n(Musalihat) Council for amicable settlement of disputes in the prescribed manner. \r\n \r\n(2) A Council shall consist of a panel of seven members, including at least one woman, to be  \r\nnominated by the Government from amongst residents of the local government but the members of the \r\nlocal government shall not be appointed as members of the Council. \r\n \r\n(3) The members of Council shall be nominated for a term of five years or until earlier replaced \r\nby the Government. \r\n \r\nPage 48 of 86  \r\n(4) Any casual vacancy in the panel of members of the Council shall be filled by the \r\nGovernment,          as soon as may be, but not later than thirty days from the occurrence of the vacancy. \r\n \r\n(5) Any civil or criminal dispute may be referred to the Council where parties to the dispute \r\nhave agreed to make such reference. \r\n \r\n(6) The Council shall not assume jurisdiction in a non­compoundable offence. \r\n \r\n(7) The Council shall make efforts for amicable settlement of the dispute between the parties \r\nand it shall record its findings through agreement between the parties. \r\n \r\n(8) Every settlement of a dispute by Council in a case pending before a court shall be subject \r\nto the approval of such court. \r\n \r\n(9) The parties to the dispute may agree to add any other person as member of council for their \r\ndispute and such person shall be treated as member of the Council in that case. \r\n \r\n(10) The Council shall perform its functions as may be prescribed. \r\n \r\n125. Arbitration Council. —(1) The Government shall establish an Arbitration Council to \r\nsettle disputes between the Union Council and Metropolitan Corporation, and the  disputes between \r\nthe local government and other governmental bodies. \r\n \r\n(2) The Arbitration Council shall consist of a Chairman and two members having legal \r\nbackground. \r\n \r\n(3) The Arbitration Council shall perform its functions as may be prescribed. \r\n \r\n126. Constitution of Oversight Committees. —(1) There shall be different oversight \r\ncommittees  at Union Council and Metropolitan Corporation level elected from the respective councils \r\nin the manner as may be prescribed to oversee the performance of the offices and report the matters to \r\nthe Metropolitan Corporation and the Councils, as the case may be. \r\n \r\n(2) The Oversight Committees shall perform their functions as may be prescribed. \r\n \r\nCHAPTER XV \r\n \r\nTRANSITIONAL PROVISIONS \r\n \r\n127. Interim authorities.—(1) On coming into force of this Act, any office, authority or a \r\nlocal government established under the Capital Territory Local Government Ordinance, 1979 or the \r\nCapital Development Authority Ordinance, 1960 or the Municipal Administration Ordinance, 1960  \r\nshall continue discharging functions and providing services without any interruption until a local  \r\ngovernment is established under this Act for the local area. \r\n \r\n(2) All functionaries of a local government established under the Federal Capital Local \r\nGovernment Ordinance, 1979 or the Capital Development Authority Ordinance, 1960 or the Municipal \r\nAdministration Ordinance, 1960 shall continue to perform their respective dutie s and responsibilities \r\nwith the successor local government under this Act, until transferred to any other local government. \r\n \r\n(3) The Government may re­organize the authorities, agencies and bodies of the local \r\n \r\nPage 49 of 86  \r\ngovernments established under the Capital Territory Local Government Ordinance, 1979 or the Capital \r\nDevelopment Authority Ordinance, 1960 or the Municipal Administration Ordinance, 1960  and \r\ndecentralize such authorities, agencies and bodies to the local governments established under this           Act. \r\n \r\n128. Interim maintenance of institutions.—Where on the enforcement of this Act in any area, \r\nany service undertaken or institution maintained by the Government is required under any of the  \r\nprovisions of this Act to be compulsorily undertaken or maintained by a local government, such service \r\nor institution shall, notwithstanding anything contained in this Act, continue to be undertaken  or \r\nmaintained by the Government until the management thereof is transferred to the local government. \r\n \r\n129. Financial transition.—(1) All taxes, cesses, fees, rates, rents, tolls or charges which were \r\nbeing charged, levied and collected by any office of a local government or any authority shall continue \r\nto be charged, levied and collected under this Act by the successor local government or the  authority \r\nand every person liable to pay such a tax, cess, fee, rate, rent, toll, charge or any arrear of the tax, cess, \r\nfee, rate, rent, toll or charge  shall continue to make the payment until such tax, cess, fee, rate, rent, \r\ntoll or charge is revised, withdrawn or varied under this Act. \r\n \r\n(2) Where any local government established under the Federal Capital Local Government \r\nOrdinance, 1979 (XIII of 2001) was receiving any grant or any compensation in lieu of Octroi or Zila \r\ntax, the successor local government under this Act shall continue to receive such grant or \r\ncompensation. \r\n \r\n(3) Where a local government assumes the office under this Act for the first time: \r\n \r\n(a) the Government shall transfer grants to the local government on the basis of a \r\nformula notified by the Government; and \r\n \r\n(b) its budget for the financial year during which it assumes the office shall relate \r\nto the remaining period of that year and provisions regarding budget under this \r\nAct shall, as far as  possible, apply to such a budget. \r\n \r\n(4) On allocation, re­allocation or transfer of the employees of the Government or any other \r\nbody  of any local government  or any other organization established under the  Federal Capital Local \r\nGovernment Ordinance, 1979 or the Capital Development Authority Ord inance, 1960, the salaries,  \r\nemoluments and pensions of such employees shall not be reduced on such allocation, re­allocation or  \r\ntransfer. \r\n \r\n(5) The Government shall ensure payment of salaries and other emoluments of the employees  \r\nreferred to in sub­section (4) till such time as the Government may deem appropriate. \r\n \r\n130. Succession.—(1) The Government or an officer designated by the Government shall, \r\nwithin one  hundred and eighty days of the commencement of this Act, divide rights, assets and \r\nliabilities of  the local governments or the Authority amongst the local governments and the \r\nGovernment or the Authority, and the decision of the Government or of the designated officer shall be \r\nfinal. \r\n(2) The Government shall bring all bye­laws, rules, regulations, notifications or any other legal \r\ninstrument, issued under any law in force on the date of commencement of this Act, in conformity with \r\nthis Act within a period of two years from the date of commencement of this Act. \r\n \r\n(3) Except as provided by this Act, all existing bye­laws, rules, regulations, notifications or any \r\n \r\nPage 50 of 86  \r\nother legal instrument shall, subject to this Act, continue in force, so far as applicable and with the  \r\nnecessary adaptations until altered, repealed or amended by the Government. \r\n \r\n131. Removal of doubts. —Where this Act makes any provision for anything to be done but \r\nhas not made any provision or any sufficient provision, as to the authority by whom, or the manner in \r\nwhich it shall be done, then it shall be done by such authority and in such manner as may be prescribed. \r\n \r\n132. Repeal and saving.—(1) The Capital Territory Local Government Ordinance, 1979 \r\n(XXXIX of 1979), the Islamabad Capital Territory Local Government Ordinance, 2002 (CXV II of  \r\n2002), the Islamabad Capital Territory Local Government Elections Ordinance, 2002 (LVII of 2002)  \r\nand section 15­A of the Capital Development Authority Ordinance, 1960 (XXIII of 1960) are hereby  \r\nrepealed. \r\n \r\n(2) Save as otherwise sp ecifically provided in this Act, nothing in this Act shall affect or be  \r\ndeemed to affect anything done, action taken, investigation or proceedings commenced, order, rule,  \r\nregulation, bye­ laws appointment, conveyance, mortgage, deed, document or agreement made tax or \r\nfee levied, resolution passed, direction given, proceedings taken or instrument executed or issued,  \r\nunder or in pursuance of the Capital Territory Local Government Ordinance, 1979 and section 15­A  \r\nof the Capital Development Authority Ordinance,  1960 and any such thing, action, investigation,  \r\nproceedings, order, rule, regulation, bye­laws, appointment, conveyance, mortgage, deed, document,  \r\nagreement, tax, fee, resolution, direction, proceedings or instrument shall, if in force at the \r\ncommencement of this Act, continue to be in force, and have effect as if it were respectively done,  \r\ntaken, commenced, made, directed, passed, given, executed or issued under this Act. \r\n \r\n133. Removal of difficulty. —(1)The Government may, within two years of the \r\ncommencement of this Act, by order consistent with this Act, provide for the removal of any difficulty \r\nwhich may arise in giving effect to the provisions of this Act. \r\n \r\n(2) Any question or doubt as to the interpretation of any provision of this Act or of any order \r\nmade thereunder shall be resolved by a decision of the President and such decision shall be final. \r\n \r\n134. Amendment of Schedules.—(1) The Government may, by notification, amend any of the \r\nSchedules. \r\n \r\n(2) The Government, may by notification, assign any of the functions of the Union Council or \r\nthe Metropolitan Corporation, specified in the Second and Third Schedules respectively, to any \r\nstatutory body or public or private company. \r\n \r\n \r\n \r\n \r\nFIRST SCHEDULE \r\n \r\n[see sections 70 & 73] \r\n \r\nDANGEROUS AND OFFENSIVE ARTICLES AND TRADES \r\n \r\n1. The business of storing or selling timber, firewood, coal, charcoal and coke, hay straw grass \r\nand bamboo, jute, shrub, hemp munj and their products, matches, explosives, petrol, oil and lubricants, \r\npaper, ghee and other dangerously inflammable materials. \r\n \r\n \r\nPage 51 of 86  \r\n2. Sugar refining and sugar refineries. \r\n \r\n3. Preparation of aerated water. \r\n \r\n4. Operating or running bake houses. \r\n \r\n5. Electroplating. \r\n \r\n6. Welding. \r\n \r\n7. Storing, packing, pressing, cleaning, preparing or manufacturing by any process whatever  \r\nblasting powder, ammunition, fireworks, gun powder, sulpher, mercury, ‘gases, gun cotton, saltpeter, \r\nnitro­compounds, nitro­mixtures, phosphorus or dynamite. \r\n \r\n8. Cleaning, dying, preparing or manufacturing  by any process whatever clothes or yarn in \r\nindigo  and other colours. \r\n \r\n9. Storing, processing, cleanings, crushing, melting, preparing or manufacturing by any process \r\nwhatever or dealing in bones, tallow, offal, fat blood, soap, raw hides and skins candles, manure, catgut \r\nand oil cloth. \r\n \r\n10. Manufacturing oils. \r\n \r\n11. Washing or drying wool or hair. \r\n \r\n12. Making or manufacturing bricks, “surkhi”, tiles, or earthenware pots clay pipes or \r\nother earthen ware by any process of baking or burning. \r\n \r\n13. Burning or grinding of limestone or metal stone or storing of lime for sale. \r\n \r\n14. Cleaning or grinding of grain or chilies by any kind or class or machinery. \r\n \r\n15. Keeping animals likely to create nuisance.  \r\n \r\n16. Fell mongering. \r\n \r\n17. Casting of heavy metals such as iron, lead copper and brass. \r\n \r\n18. Dealing in poison, acid, chemicals, liquid or otherwise. \r\n \r\n19. Whole­sale storing cleaning pounding and selling of tobacco except the storing of \r\ntobacco  required for the preparation of biddis, cigars or cigarettes. \r\n \r\n20. Operating or running tin factories. \r\n \r\n21. Manufacture of safes, trunks and boxes. \r\n \r\n22. Marble cutting and polishing. \r\n \r\n23. Glass leveling and polishing. \r\n \r\nPage 52 of 86  \r\n24. Manufacture of cement and hume pipes. \r\n \r\n25. Storing, packing, pressing, cleaning, preparing or manufacturing by any process \r\nwhatever,                                      rags, pitch, tar, turpentine, demmar, coconut, fibre, flax, hemp, rosin or spirit. \r\n \r\n26. Tanning, pressing or packing hides or skins whether raw or dry. \r\n \r\n27. Trade or operation of a Ferries. \r\n \r\n28. Working of power­looms, rice husking plants steam whistle, steam trumpet or electric or \r\nhand  operated sirens beyond hours fixed for their operation by a Local government. \r\n \r\n29. Discharging fire­arms and letting off fire­works. Fire­balloons or detonators, or any \r\ngame  dangerous to life, dwelling and other property. \r\n \r\n30. Trading, storing and selling used or new tyres likely to cause dengue epidemic. \r\n \r\n31. Manufacturing, keeping, storing or selling wire thread or any other material meant for \r\nkite flying or likely to cause to human life or electric installations or disruption of electric supply. \r\n \r\n32. Any other  article or trade  declared by Government  to be  dangerous for life, health or \r\nproperty  or likely to cause nuisance. \r\n \r\nSECOND SCHEDULE \r\n[see Section 71] \r\n \r\nFUNCTIONS OF UNION COUNCIL \r\n \r\n(a) improve and maintain public ways, public streets and public open spaces; \r\n \r\n(b) arrange lighting of public ways, public streets and public places; \r\n \r\n(c) mobilize the community: \r\n \r\n(i) for maintenance of public ways, public streets, culverts, bridges, public \r\nbuildings and local  drains; \r\n \r\n(ii) for plantation of trees, landscaping and beautification of public places in \r\nthe Union  Council; \r\n \r\n(iii) for prevention and removal of encroachments on public ways, streets and \r\nplaces; \r\n \r\n(d) maintain rural water supply schemes and public sources of drinking water, \r\nincluding wells, water pumps, tanks, ponds and other works for the supply of \r\nwater and open drains; \r\n \r\n(e) coordinate with the community organizations for proper maintenance of rural \r\nwater supply schemes and sewerage in the prescribed manner; \r\n \r\n \r\nPage 53 of 86  \r\n(f) establish cattle pounds; \r\n \r\n(g) manage and maintain grazing areas, common meeting places and other common \r\nproperty; \r\n \r\n(h) hold fairs and recreational activities; \r\n \r\n(i) provide conservancy services in the Union Council; \r\n \r\n(j) arrange for registration of births, deaths, marriages and divorces and pass on \r\nsuch information about  births, deaths, marriages and divorces in the Union \r\nCouncil to such persons and institutions as may be prescribed; \r\n \r\n(k) support a public sector agency to establish public facilitation centre in the Union \r\nCouncil for such  purpose and on such terms and conditions as may be \r\nprescribed; \r\n \r\n(l) support relief measures in the event of any fire, flood, hailstorm, earthquake, \r\nepidemic or other natural  calamity and assisting relevant authorities in relief \r\nactivities; \r\n \r\n(m) promote local sports; \r\n \r\n(n) provide for libraries and reading rooms; \r\n \r\n(o) take other measures likely to promote the welfare, health, safety, comfort or \r\nconvenience of  the inhabitants of the Union Council; \r\n \r\n(p) identify deficiencies in delivery of services and making recommendations for \r\nimprovement of  services to the Metropolitan Corporation; \r\n \r\n(q) execute development works in the prescribed manner; and \r\n \r\n(r) maintain such statistics and data as may be prescribed and disseminate \r\ninformation on matters  of public interest. \r\n \r\n \r\n \r\n \r\n \r\nTHIRD SCHEDULE \r\n \r\n[see Section 73] \r\n \r\nFUNCTIONS OF METROPOLITAN CORPORATION \r\n \r\n(a) implement rules and bye­laws governing public utilities; \r\n \r\n(b) approve development schemes for beautification of urban areas; \r\n \r\n \r\nPage 54 of 86  \r\n(c) enforce all municipal laws, rules and bye­laws governing its functioning; \r\n \r\n(d) develop integrated system of water reservoirs, water sources, treatment plants, \r\ndrainage, liquid and solid waste disposal,  sanitation and other municipal \r\nservices; \r\n \r\n(e) assist in provision of relief in the event of any fire, flood, hailstorm, earthquake, \r\nepidemic or other natural calamity and assist relevant authorities in relief \r\nactivities; \r\n \r\n(f) execute and manage development plans; \r\n \r\n(g) provide relief for the widows, orphans, poor, persons in distress and children and \r\npersons with disabilities; \r\n \r\n(h) promote technological parks, cottage, small and medium size enterprises; \r\n \r\n(i) prevent and remove encroachments; \r\n \r\n(j) regulate affixing of sign­boards and advertisements except where this function \r\nis being  performed by the Capital Development Authority; \r\n \r\n(k) provide, manage, operate, maintain and improve the municipal infrastructure \r\nand services, including— \r\n \r\n(i) water supply and control and development of water sources; \r\n \r\n(ii) sewage and sewage treatment and disposal; \r\n \r\n(iii) storm water drainage; \r\n \r\n(iv) sanitation and solid waste collection and sanitary disposal of solid, liquid, \r\nindustrial and hospital wastes, treatment and disposal including landfill \r\nsite and recycling plants; \r\n \r\n(v) roads and streets; \r\n \r\n(vi) street lighting; \r\n \r\n(vii) playgrounds, open spaces, graveyards and arboriculture; and \r\n \r\n(viii) slaughter houses; \r\n \r\n(l) prepare financial statements and present them for internal and external audit in \r\nthe manner as may be prescribed; \r\n \r\n(m) urban renewal programmes; \r\n(n) develop and maintain museums, art galleries, libraries, community and cultural \r\ncenters; \r\n \r\n \r\nPage 55 of 86  \r\n(o) conserve historical and cultural assets; \r\n \r\n(p) undertake landscape, monuments and municipal ornamentation; \r\n \r\n(q) maintain regional markets and commercial centers; \r\n \r\n(r) maintain a comprehensive data base and information system and provide public \r\naccess to it  on nominal charges; \r\n \r\n(s) regulate dangerous and offensive articles and trades mentioned in First \r\nSchedule; \r\n \r\n(t) collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties; \r\n \r\n(u) organize sports, cultural, recreational events, fairs and shows, cattle fairs and \r\ncattle markets  and regulate sale of animals; \r\n \r\n(v) regulate markets and services and issue licenses, permits, grant permissions and \r\nimpose  penalties for violation thereof as and where applicable; \r\n \r\n(w) manage properties, assets and funds vested in the local government; \r\n \r\n(x) develop and manage schemes; \r\n \r\n(y) authorize an officer or officers to issue notice to a person committing any \r\nmunicipal offence and initiate legal proceedings for continuance of commission \r\nof such offence or for failure to comply with the directions contained in such \r\nnotice; \r\n \r\n(z) prosecute, sue and follow up criminal, civil and recovery proceedings against \r\nviolators of municipal laws in the courts of competent jurisdiction in Islamabad \r\nCapital Territory; \r\n \r\n(aa) maintain municipal records and archives; and \r\n \r\n(bb) perform such other functions as may be prescribed. \r\n \r\n \r\n \r\n \r\nFOURTH SCHEDULE \r\n[see section 88] \r\n \r\nLOCAL GOVERNMENT TAXATION \r\n \r\nPart­I \r\n \r\nTaxes and other levies by Union Councils \r\n \r\n(1) Entertainment tax on dramatical and the article shows. \r\n \r\nPage 56 of 86  \r\n(2) Fees for registration and certification of births and marriages. \r\n \r\n(3) Fee on the services provided by the union council. \r\n \r\n(4) Rate for the execution or maintenance of any work of public utility like lighting of \r\npublic  places, drainage, conservancy and water supply operated by union council. \r\n \r\n(5) Community tax for the construction of public work of general utility for the inhabitants of \r\nthe  union. \r\n \r\n(6) Fee for licensing of professions and vocations as prescribed. \r\n \r\n(7) Any other tax or levy authorised by the Government. \r\n \r\nPart­II \r\n \r\nTaxes and other levies by Metropolitan Corporation \r\n \r\n(1) Water rate. \r\n \r\n(2) Drainage rate. \r\n \r\n(3) Conservancy rate. \r\n \r\n(4) Fee for approval of building plans, erection and re­erection of buildings, \r\n \r\n(5) Fee for change of land use of a land or building as prescribed. \r\n \r\n(6) Fee for licenses, sanctions and permits. \r\n \r\n(7) Fee on the slaughter of animals. \r\n \r\n(8) Tax on professions, trade, callings and employment. \r\n \r\n(9) Market fees. \r\n \r\n(10) Tax on sale of animals in cattle markets. \r\n \r\n(11) Toll tax on roads, bridges and ferries maintained by the Metropolitan Corporation. \r\n \r\n(12) Fee at fairs and industrial exhibitions. \r\n \r\n(13) Fee for specific services rendered by the Metropolitan Corporation. \r\n \r\n(14) Tax for the construction or maintenance of any work of public utility. \r\n \r\n(15) Parking fee. \r\n \r\n(16) Water conservancy charge from the owner or occupier of a house or any other building,  \r\nexcept an educational institution having a swimming pool with a minimum surface area of 250 \r\n \r\nPage 57 of 86  \r\nsquare feet. \r\n \r\n(17) Tax on installation of Base Transceiver Station/Tower. \r\n \r\n(18) Any other tax or levy authorized by the Government. \r\n \r\nFIFTH SCHEDULE \r\n \r\n[see section 105] \r\n \r\nOFFENCES REQUIRING TRIAL BY A COURT \r\nPART-I \r\n \r\nS.No. Offence \r\n \r\n1. Discharging any dangerous chemical, inflammable, hazardous or offensive article in any \r\ndrain, or sewer, public water course or public land vested in or managed, maintained or \r\ncontrolled by the  local government in such manner as causes or is likely to cause danger  to \r\npersons passing by or living or working in neighbourhood, or risk or injury to property. \r\n \r\n2. Failure of industrial or commercial concerns to provide adequate and safe disposal of affluent \r\nor prevention of their mixing up with the water supply or sewerage system. \r\n \r\n3. Adulteration of any eatable or drinkable or consumable item sold or supplied to the public. \r\n \r\n4. Manufacturing, trading, storing or supplying any eatable or drinkable item and other items  \r\nunsafe for human consumption or public health. \r\n \r\n \r\nPART-II \r\n \r\nS. No. Offence \r\n \r\n5. Overcharging or illegally charging any tax, fee, fine, charge or rate by an employee of a \r\nlocal  government or a contractor or his staff without the authority of a local government. \r\n \r\n6. Preparing or using counterfeit or proscribed Forms of the local government. \r\n \r\n7. Wilfully obstructing any officer or servant of a local government or any person authorized \r\nto exercise power conferred under this Act. \r\n \r\n8. Failure to deliver back possession of property to the local government on cancellation \r\nand  expiration of lease. \r\n \r\n9. Doing an act without license or permission when the doing of such act requires a license or  \r\npermission under any of the provisions of this Act or the rules or bye­laws. \r\n \r\n10. Evasion of payment of tax or other impost lawfully levied by a local government. \r\n \r\n11. Supplying or marketing drinking water for human consumption in any form, from any \r\n \r\nPage 58 of 86  \r\nsource which is contaminated or suspected to be dangerous to public health, or its use has been \r\nprohibited by a local government on the ground of being unsafe for human consumption, or \r\nwhose quality and suitability for human consumption has not been ascertained and certified by \r\na laboratory authorized by the Government. \r\n \r\n12. Cultivation of agriculture produce or crop, for supply or sale to public using such manure, \r\nor irrigating it with sewer water or any such liquid as may be injurious to public health or \r\noffensive to the neighbourhood. \r\n \r\n13. Dyeing or tanning skins within such distance of any commercial or residential areas as may \r\nbe  specified by the local government. \r\n \r\n14. Manufacturing, storing, trading or carrying fire crackers, fire balloons or detonators or any \r\ndangerous chemical, inflammable, hazardous or offensive article or material without license \r\nfrom concerned authority. \r\n \r\n15. Immovable encroachment in or on or under any property or any open space or land vested \r\nin or managed, maintained or controlled by a local government. \r\n \r\n16. Erection or re­erection of building over set back area or parking area or building line area  \r\nrequired to be left open under the rules for using such space for any purpose which is not \r\napproved. \r\n \r\n17. Manufacturing, keeping, storing or selling wire thread or any other material meant for kite \r\nflying or likely to cause threat to human life or electric installations or disruption of electric \r\nsupply. \r\n \r\n18. Failure to demolish or otherwise secure a building declared by the local government to be  \r\ndangerous building. \r\n \r\n19. Establishing any parking stand on any property or on any open space and public park or \r\nland vested in or managed, maintained or controlled by a local government on or under a street, \r\nroad, graveyard or a drain without the sanction of the concerned local government. \r\n \r\n20. Quarrying, blasting, cutting timber or carrying building operations in such manner as causes \r\nor  is likely to cause danger to persons passing by or living or working in the neighbourhood. \r\n \r\n21 Contravention of the prohibition or attempt or abetment of any of the offences in this Part. \r\n \r\nPART-III \r\n \r\nS. No. Offence \r\n \r\n22. Preparation and sale of article or articles of food or drink by a person apparently suffering  \r\nfrom any infectious or contagious disease that may endanger the health of people. \r\n \r\n23. Establishing any cattle market without permission of the local government. \r\n \r\n24. Establishing any bus, wagon, taxi or other commercial motorized or non­motorized vehicle \r\nstand, for purposes of plying them on different routes, on any road, street, footpath, public place \r\n \r\nPage 59 of 86  \r\nor any other property vested or managed or controlled or maintained by a local government \r\nwithout its permission. \r\n \r\n25. Establishing or running any restauran t or vending stalls for eatables on any road, street,  \r\nfootpath, public place, over a drain, or any other property vesting in or managed or controlled \r\nor maintained by a local government without its permission. \r\n \r\n26. Establishing a brick kiln and lime kiln within such distance of a residential area as may be \r\nspecified by the local government. \r\n \r\n27. Cutting down of any tree, or erection or demolition of any building or part of a building \r\nwhere such action is declared under this Act to be a cause of danger or annoyance to the public. \r\n \r\n28. Contravention of the prohibition or attempt or abetment of any of the offences in this Part.  \r\n \r\nSIXTHS CHEDULE \r\n[see sections 105 & 107] \r\n \r\nOFFENCES WHERE TICKET CAN BE ISSUED \r\n \r\nS. No. Offence Amount of \r\nFine \r\n1. Neglect in safe storage of eatable, drinkable and other \r\nconsumable items  sold or supplied to the public. \r\nRs. 1,000 and \r\nRs. 6,000 in \r\ncase of  large \r\nrestaurants, \r\nhotels and \r\nshops. \r\n2. a. Fixing of  wooden khokhas, and temporary shops or \r\nextension there of  on footpaths or beyond the street line. \r\nRs.2,000 \r\n b. Plying of handcarts for the sale of goods without \r\npermission. \r\nRs. 400 \r\n3. Failure by the owner or occupier of any land to clear away \r\nand remove any vegetation declared by a local government \r\nto be injurious to health or offensive to neighbourhoods. \r\nRs. 1,000 \r\n4. Slaughtering of animals for the sale of meat at a place other \r\nthan the place  set apart for the purpose. \r\nRs. 1,000 \r\n5. Without the permission of the local government, causing or \r\nknowingly or  negligently allowing the contents of any sink, \r\nsewer or cesspool or any other offensive matter to flow, or \r\ndrain or to be put upon any street, or  public place, or into \r\nirrigation channel or any sewer or drain not set apart for the \r\npurpose. \r\nRs. 4,000 in \r\ncase of \r\ncommercial \r\nconcerns and \r\nRs. 1,000 for \r\nothers. \r\n6. Keeping or maintaining any cattle in any part of the \r\nprohibited zone or failure to remove the cattle from the \r\nprohibited zone within the specified time when an order to \r\nRs. 1,000 \r\n \r\nPage 60 of 86  \r\nthis effect has been made. \r\n7. Keeping ferocious dogs or other animals in residential areas \r\nor taking such  animals to public places or the areas specified \r\nby the local government, without leash or chain and without \r\nbeing muzzled or to set at large any animal or dog infected \r\nwith rabies or any other infectious disease. \r\nRs. 400 \r\n8. Obstructing or  tampering with  any road, street, drain or \r\npavement. \r\nRs.2,000 \r\n9. Obstructing or tampering with any main pipe, meter or any \r\napparatus or  appliance for the supply of water or sewerage \r\nsystem. \r\nRs.2,000 \r\n10. Without the previous sanction of the local government laying \r\nout a drain or altering any drain in a street or road; connecting \r\nany house drain with a drain in a public street; and drawing \r\noff, diverting or taking any water except with the permission \r\nrequired under this Act. \r\nRs.2,000 \r\n11. Digging of public land without the permission in writing of \r\nlocal  government. \r\nRs.2,000 \r\n12. Burying or burning a dead body at a place which is not a \r\npublic or registered burial or burning place, except with the \r\nsanction of the local government. \r\nRs.2,000 \r\n \r\n13. Failure to furnish, on requisition, information in respect of \r\nany matter which a local government is authorized to call for \r\nunder any of the provisions of this Act, rules or bye­laws or \r\nfurnishing wrong information. \r\nRs.600 \r\n14. Obstructing lawful seizure of animals liable to be impounded \r\non the ground of violations of rules or bye­laws governing \r\nthe picketing, tethering, keeping, milching or slaughter of \r\nanimals or their trespass of private or public property. \r\nRs. 1,000 \r\n15. Picketing, parking animals or collecting carts or vehicles on \r\nany street,  using any street as a halting place for vehicle or \r\nanimals or as a place encampment without the permission of \r\nthe local government. \r\nRs. 1,000 \r\n16. Causing or permitting animals to stray or keeping, tethering, \r\nstalling, feeding or grazing any cattle on any road, street or \r\nthoroughfare or in any public place or damaging or causing \r\nor permitting to be damaged any road, street or thorough fare \r\nby allowing cattle to move thereon. \r\nRs. 1,000 \r\n17. Disposal of carcasses of animals within prohibited distance. Rs. 1,000 \r\n18. Failure to dispose of offal, fat or any organ or part of a dead \r\nanimal in a place set apart  for the  purpose by the  local \r\nRs. 1,000 \r\n \r\nPage 61 of 86  \r\ngovernment. \r\n19. Throwing or placing any refuse, litter or garbage on any \r\nstreet, or in any place, not provided or appointed for the \r\npurpose by a local government. \r\nRs. 1,000 \r\n20. Failure to provide for disposal of litter or garbage inside or \r\noutside a  shop by its owner or occupier. \r\nRs. 1,000 \r\n21. Failure to maintain clean premises of the area in front of a \r\nshop, office or factory up to the public street or road serving \r\nthis facility. \r\nRs.2,000 \r\n22. Watering cattle or animals, or bathing or washing at or near \r\na well or  other source of drinking water for the public. \r\nRs. 1,000 \r\n23. Steeping hemp, jute or any other plant in or near a pond or \r\nany other excavation within such distance of the residential \r\narea as may be specified by a local government. \r\nRs. 2,000 \r\n24. Failure to provide, close, remove, alter, repair, clean, \r\ndisinfect or put in proper order any latrine,  urinal drain,  \r\ncesspool or other receptacle for filth, sullage, water or refuse \r\nby an owner or occupier of a house, shop, office, industry \r\nor premises. \r\nRs. 4,000 for \r\ncommercial/indu\r\nstrial concerns \r\nand Rs.  1,000 \r\nfor a residential \r\nhouse. \r\n25. Failure to clean the premises, houses, shops and cultivated \r\nlands of the plastic bags and other  non­perishable \r\nmaterials. \r\nRs. 1,000 \r\n26. Damaging or polluting physical environment, inside or \r\noutside private or public premises, in a manner to endanger \r\npublic health. \r\nRs. 4,000 for \r\npublic premises  \r\nand Rs. 1,000 for \r\nprivate premises \r\n27. Failure by the owner or occupier of any land to cut or trim \r\nthe hedges growing thereon which overhang any well, tank \r\nor other source from which water is derived for public use. \r\nRs. 1,000 \r\n28. Failure by the owner or occupier of any land or building to \r\nclean, repair, cover, fill up or drain off any private well, tank \r\nor other source of water supply, which is declared under \r\nthis Act to be injurious to health or  offensive to the \r\nneighbourhood. \r\nRs.2,000 \r\n29. Failure to stop leakages of water pipes, faucets and \r\nsanitary fittings  resulting indirty water pools affecting \r\nphysical environments and breeding of mosquitoes. \r\nRs.2,000 \r\n30. Failure of an owner or occupier of any building or land to \r\nputup and keep in good condition troughs and pipes for \r\nreceiving or carrying water or sullage water. \r\nRs. 2,000 \r\n \r\nPage 62 of 86  \r\n31. Feeding or allowing to be fed an animal meant for dairy or \r\nmeat purposes, on deleterious substance, filth or refuse of \r\nany kind which is dangerous to health of consumers. \r\nRs. 2,000 \r\n32. Defacing or disturbing, without due authorization, any \r\ndirection­post, lamp  post or lamp extinguishing or any light \r\narranged by a local government. \r\nRs. 2,000 \r\n33. Fixing any bill, notice, play card, poster or other paper or \r\nmeans of advertisement against or upon any private or \r\npublic building or place other  than the places fixed for the \r\npurpose by a local government. \r\nRs. 2,000 \r\n34. Exhibiting any obscene advertisement. Rs. 2,000 \r\n35. Loud playing of music or radio, beating of drum or tom­tom, \r\nblowing a horn or beating or sounding any brass or other \r\ninstruments or utensils in contravention of any general or \r\nspecial prohibition issued by a local government or in and \r\naround a hospital or an educational institution. \r\nRs. 2,000 \r\n36. Loud shouting in abusive language causing distress to the \r\ninhabitants of a neighbourhood or village or any other \r\npublic place. \r\nRs. 2,000 \r\n \r\n37. Using or allowing the use for human habitation of a building \r\ndeclared by a local government to  be unfit for human \r\nhabitation. \r\nRs.2,000 \r\n38. Failure to lime­wash or repair a building, if so required by \r\nlocal  government. \r\nRs.2,000 \r\n39. Begging importunately for alms by exposing any deformity \r\nor disease or any offensive sore or wound to solicit charity. \r\nRs.1,000 \r\n40. Causing or permitting to be caused by any owner or keeper \r\nof an animal which, through neglect or otherwise, damages \r\nany land or crop or produce  of land, or any public road. \r\nRs.2,000 \r\n41. Selling cattle and animals in contravention of any law, rule \r\nor by­laws of a  local government. \r\nRs.2,000 \r\n42. Kite flying in contravention of any general or specific \r\nprohibition issued by local governments. \r\nRs.600 \r\n43. Keeping pigeon or other birds in a manner causing danger to \r\nair traffic. \r\nRs.1,000 \r\n44. Contravention of any prohibition or direction of the local \r\ngovernment  issued under this Act or the rules. \r\nRs.1,000 \r\n45. Attempt or abetment of any of the offence in this Schedule. Same as for the  \r\noffence \r\nspecified in  the \r\nSchedule \r\n \r\n \r\nPage 63 of 86  \r\n \r\n\r\n \r\nPage 64 of 86  \r\nEIGHTH SCHEDULE \r\n \r\n[see sections 117& 118] \r\nPart - I (Rules) \r\n \r\n1. Local Government (Conduct of Elections). \r\n \r\n2. Local Government (Conduct of Business). \r\n \r\n3. Local Government (Taxation). \r\n \r\n4. Local Government (Property). \r\n \r\n5. Local Government (Auction). \r\n \r\n6. Local Government (Births, Deaths, Marriages and Divorces). \r\n \r\n7. Local Government (Servants). \r\n \r\n8. Local Government (Budget).  \r\n \r\n9. Local Government (Accounts). \r\n \r\n10. Local Government (Contracts). \r\n \r\n11. Local Government (Works). \r\n \r\n12. Local Government (Conduct of Inspections). \r\n \r\n13. Local Government (Conduct of elected officials). \r\n \r\n14. Local Government (Fiscal Transfers). \r\n \r\n15. Local Government (Delegation of Financial Powers). \r\n \r\n16. Any other set of rules necessary for the implementation of this Act. \r\n \r\nPart-II (Bye-laws) \r\n \r\n1. Conduct of meetings. \r\n \r\n2. Fixing of wooden khokhas, plying of handcarts for the sale of goods, and temporary \r\nor permanent shops or extensions thereof on footpaths or beyond the street line. \r\n \r\n3. Watering cattle or animals, or bathing or washing at, or, near a well or other source of \r\ndrinking  water for the public. \r\n \r\n   4. Registration and regulation of institutions for orphans, widows, senior citizens, mentally ill, \r\nand women in distress. \r\n \r\n5. Regulation of burial and cremation places. \r\n \r\nPage 65 of 86  \r\n6. Slaughter of animals and maintenance of slaughter­houses. \r\n \r\n7. Prevention of adulteration of foodstuffs. \r\n \r\n8. Animal husbandry and milk supply. \r\n \r\n9. Prevention and abatement of nuisances. \r\n \r\n10. Dangerous and offensive trades and articles. \r\n \r\n11. Regulation of parking. \r\n \r\n12. Organization and regulation of fairs, shows, tournaments and other public gatherings. \r\n \r\n13. Prevention of beggary, juvenile delinquency and other social evils. \r\n \r\n14. Licensing. \r\n \r\n15. Markets. \r\n \r\n16. Libraries. \r\n \r\n17. Parks and open places. \r\n \r\n18. Prevention of air, water, noise, and soil pollution. \r\n \r\n19. Plantation. \r\n \r\n20. Picketing, parking animals or collecting carts or vehicles on any street. \r\n \r\n  21. Throwing or placing any refuse on any street, or in any place not provided or appointed \r\nfor the purpose. \r\n \r\n22. Dyeing or tanning animal skins. \r\n \r\n23. Tampering with any main, pipe, or any apparatus or appliance for the supply of water. \r\n \r\n24. Excavation of earth, stone or any other material. \r\n \r\n25. Disposing of carcasses of animals. \r\n \r\n26. Use of sewer water for farming. \r\n \r\n  27. Flow or drain to be put upon any street, or public place, or into an irrigation channel or \r\nany  sewer or drain not set apart for the purpose. \r\n \r\n  28. Fixing any bill, notice, placard, or other paper or means of advertisement against or upon \r\nany  building or place other than the places fixed for the purpose by the local government. \r\n \r\n  29. Such other matters as in the opinion of a local government are necessary or expedient to \r\n \r\nPage 66 of 86  \r\nbe provided for in the bye­laws to achieve the, objectives of this Act. \r\n \r\nNINTH SCHEDULE \r\n \r\n[see section 121] \r\n \r\nGENERAL POWERS OF LOCAL GOVERNMENTS \r\n \r\nAnimals \r\n \r\n1. Prohibition of picketing or tethering in streets.—No animal shall be picketed or tethered \r\nin such streets or places as may be specified by the local government and any animal found picketed \r\nor tethered in any such street or place shall be liable to seizure and impounding. \r\n \r\n2. Prohibition against keeping and maintaining cattle.—(l) Notwithstanding anything \r\ncontained in any other law or any agreement, instrument, custom or usage or decree, judgment or order \r\nof any court or other authority, the local government may declare any part of its local area as a  \r\nprohibited zone. \r\n \r\n(2) At any time after a declaration under sub­paragraph (1) has been made, the local \r\ngovernment may, by general or  special notice, prohibit the keeping and maintaining of the cattle by \r\nany person in the prohibited zone. \r\n \r\n(3) No person shall, after the expiry of the  period fixed under sub­paragraph (2), keep or \r\nmaintain  cattle in any part of the prohibited zone: \r\n \r\nProvided that the prohibition shall not apply to— \r\n \r\n(i) cattle kept bona fide for sacrificial purposes; \r\n \r\n(ii) cattle kept for drawing carts or use in mills, with the permission of the local \r\ngovernment and  subject to such conditions as it may impose; \r\n \r\n(iii) cattle under treatment in any veterinary hospital; \r\n \r\n(iv) cattle brought to a cattle market demarcated by the local government for \r\npurposes of sale;      ;             and   \r\n \r\n(v) cattle brought to a slaughter­house or kept by butchers for purposes of slaughter \r\nwithin the area demarcated by the local government. \r\n \r\n(4) Persons affected by the prohibition order under sub­paragraph  (2) to meet their genuine \r\nneeds may be allowed to keep and maintain their cattle at the places earmarked as “cattle colonies” by \r\nthe local government on such terms and conditions as it may impose. \r\n \r\n3. Dangerous animals. —A local government may, by bye­laws, define the animals which \r\nshall be deemed to be dangerous animals and the circumstances under which  animals not otherwise \r\ndangerous shall be deemed to be dangerous and such bye­laws, among other matters, may provide for \r\nthe detention, destruction or disposal otherwise of such animals. \r\n \r\n \r\nPage 67 of 86  \r\n4. Disposal of carcasses. —Whenever an animal in the charge of a person dies, otherwise than \r\nby being slaughtered for sale or consumption or for some other religious purpose such person shall \r\neither \r\n \r\n(a) convey the carcasses within twenty­four hours to a p lace, if any, fixed by the \r\nlocal government for the disposal of the dead bodies of animals; or \r\n \r\n(b) give notice of  the death  to the local  government whereupon  the local  \r\ngovernment shall cause  the carcass to be disposed of and charge such fees from \r\nthe person concerned as the bye­laws may provide. \r\n \r\n5. Animal husbandry. —(1) A local government may provide for the establishment, \r\nmaintenance  and management of veterinary hospitals and dispensaries and by bye­laws regulate their \r\nworking and fix the fees to be charged for treatment in such hospitals and dispensaries. \r\n \r\n(2) A local government may, by bye­laws, define contagious diseases among animals and \r\nprovide for measures that shall be adopted for prevention of the spread of such diseases including the \r\ncompulsory inoculation of animals, and the subjection to such treatment as may be necessary of such  \r\nanimals as may be suspected to have been infected with carriers of any such disease. \r\n \r\n(3) A local government may, through bye­laws, provide means and measures to prevent cruelty \r\nto  animals. \r\n \r\n6. Animal farms.— A local government may establish, maintain and manage cattle farms and \r\npoultry farms, and such farms shall be managed and administered in such manner as the bye­laws may \r\nprovide. \r\n \r\n7. Registration of the sale of cattle. —A local government may, by bye­laws, require that sale \r\nof such animals as may be specified shall be registered with the local government in such manner and \r\nsubject to the payment of such fees as the bye­laws may provide. \r\n \r\n8. Cattle shows, zoo, etc. —(1) A local government may hold cattle shows, cattle fairs and \r\ncattle markets within the limits of its local area and charge such fee or tax per cattle head sold as the \r\nbye­ laws may provide. \r\n \r\n(2) A local government may, with the previous approval of the Government, maintain or \r\ncontribute towards the maintenance of zoological gardens. \r\n \r\n9. Registration and control of dogs.—(1) A local government may make bye­laws to provide \r\nfor  the registration of all dogs kept in such area or areas within its local area as may be specified. \r\n \r\n(2) Such bye­laws shall — \r\n \r\n(a) require the registration, by the local government, of all dogs kept within the area \r\nor areas specified or any part thereof. \r\n \r\n(b) require that every registered dog shall wear a collar to which shall be attached a \r\nmetal token  to be issued by the registration authority of the local government \r\nand fix the fee payable for  the issue thereof; \r\n \r\n \r\nPage 68 of 86  \r\n(c) require that any dog which has not been registered or which is not wearing such \r\ntoken shall, if found in any public place, be detained at a place set apart for the \r\npurpose; and \r\n \r\n(d) fix the fee which shall be charged for such detention and provide that any such \r\ndog shall be  liable to be destroyed or otherwise disposed of unless it is claimed \r\nand the fee in respect thereof is paid within one week, and may provide for such \r\nother matters as the local government thinks fit. \r\n \r\n(3) A local government may \r\n \r\n(a) cause to be destroyed or confined for such period as it may direct, any dog or \r\nother animal which is, or is reasonably suspected to be, suffering from rabies, or \r\nwhich has been bitten by any dog or other animal suffering or suspected to be \r\nsuffering from rabies; \r\n \r\n(b) by public notice direct that, after such date as may be specified in the notice, \r\ndogs which are  without collars or without marks distinguishing them as private \r\nproperty and are found  straying on the streets or beyond the enclosures of the \r\nhouses of their owners if any may be destroyed, and cause them to be destroyed \r\naccordingly; \r\n \r\n(c) require the owner or person in­charge of any dog— \r\n \r\n(i) to restrain it so that it is not set at large in any street without being \r\nmuzzled, leashed or  chained; and \r\n \r\n(ii) to provide immediate information, if the dog belonging to him has been \r\nbitten by any animal suffering or reasonably suspected to be suffering \r\nfrom rabies or any other infectious disease. \r\n \r\n(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise \r\ndisposed of under this paragraph. \r\n \r\n10. Power to seize. —(1) A cultivator, tenant, occupier, vendee or mortgagee of any land or \r\ncrop or produce or any part thereof or any person who has advanced cash for the cultivatic of crop may \r\nseize or cause to be seized any animal trespassing on such land and doer damage thereto, or any crop \r\nor produce thereon, to send them or cause them to be sent with twenty­four hours to a pound established \r\nunder this Act. \r\n \r\n(2) Persons in charge of public roads, pleasure grounds, plantations, canals, drainage works,  \r\nembankments and the like, and the officers of police, may seize or cause to be seize animals doing  \r\ndamage thereto, and shall send them or cause them to be sent, within twenty four hours of the seizure, \r\nto the nearest animal pound. \r\n \r\n11. Pounds.—A local government may establish such number of animal pounds as may \r\nnecessary and may fix, from time to time, the location of the animal pounds, the rate feeding, watering \r\nand accommodating the impounded animals. \r\n \r\n12. Pound keepers.—A local government may appoint pound­keepers on whole­time or par t \r\n \r\nPage 69 of 86  \r\ntime basis on such terms and conditions as may be fixed. \r\n \r\n13. Registers and returns. —(1) A pound­keeper shall keep such registers and furnish such  \r\nreturns as may be required by the local government. \r\n \r\n(2) When animals are brought to the pounds, the pound­keeper  shall enter in the register the  \r\nnumber and description of animals, the day and hour on which they were brought, the name and  \r\nresidence of the seizurer and that of the owner, if known, and shall give the seizurer or his agent a copy \r\nof such entry. \r\n \r\n14. Possession and feeding. —The pound­keeper shall take charg e of, feed and water the \r\nanimals until they are disposed of as hereinafter provided. \r\n \r\n15. Fines for impounded animals. —For every animal impounded under this Act, the pount  \r\nkeeper shall levy a fine in  accordance with the scale fixed by the local government and the fines so  \r\ncharged shall form part of and be credited to the local fund. \r\n \r\n16. Delivery or sale of animals.—(1) If the owner of an impounded animal or his agent appears \r\nand claims the animal, the pound­keeper shall deliver it to him on payment of the fine and charges  \r\nincurred in respect of such animal under proper receipt to be recorded by the owner or his agent in  the \r\nregister. \r\n \r\n(2) If the animal is not claimed within s even days of impounding, the pound -keepers shall \r\ninform the officer in charge of the Police Station who shall thereupon display at conspicuous place in \r\nhis office a notice stating the number and description of animals an places of seizure and impounding. \r\nA similar notice shall be displayed at a conspicuous place in the office of the local government. \r\n \r\n(3) If the animal is not claimed within seven days of the notice it shall be sold by the local  \r\ngovernment by open auction after giving sufficient publicity in the local area: \r\n \r\nProvided that the person auctioning the animals or the pound­keeper or his relatives shall not \r\nbid for or purchase the impounded animals. \r\n \r\n(4) The proceeds of the sale of the animal shall be paid to the owner if he appears within six \r\nmonths of the sale, after deduction of fines, feeding and other charges. \r\n \r\nArboriculture \r\n \r\n17. Arboriculture.—A local government shall plant trees on public streets and other public  \r\nplaces within its local area and take all such steps as may be necessary for the plantation and protection \r\nof trees on such streets and places. \r\n \r\n18. Nuisance pertaining to trees and plantations.—(1) A local government may, by by­laws, \r\ndetermine the pests of trees and plants and provide for their destruction. \r\n \r\n(2) If any land or premises within the local area of the local government is grown with rank or \r\nnoxious vegetation, or under­growth, the local government may by notice require the owner or the  \r\noccupier of such land or premises to clear such vegetation or under­growth within a specified time and \r\nif he fails to do so within such time, the local government may have such veget ation or under­growth \r\ncleared and the cost incurred shall be deemed to be tax levied on the owner or occupier under this Act. \r\n \r\nPage 70 of 86  \r\n(3) A local government may, in the manner provided in the bye­laws, prohibit the cultivation \r\nof any crop which is considered dangerous to public health within such part of its local area as may be \r\nspecified. \r\n \r\nBoundaries and Trees \r\n \r\n19. Boundary walls, hedges and fences. —(1) No boundary wall, hedge or fence of any \r\nmaterial or description shall be erected in such parts of a local area as are specified by a local \r\ngovernment without the permission in writing of the local government. \r\n \r\n(2) A local government may, by notice in writing, require the owner or lessee of any land in its \r\nlocal area— \r\n \r\n(a) to remove from the land any boundary wall, hedge or fence which is, in its \r\nopinion unsuitable, unsightly or otherwise objectionable; or \r\n \r\n(b) to construct on  the land  sufficient boundary  walls, hedges or fences of such \r\nmaterial, description or dimensions as may be specified in the notice; or \r\n \r\n(c) to maintain the boundary walls, hedges or fences of such lands in good order: \r\n \r\nProvided that, in the case of any such boundary wall, hedge or fence which was erected with \r\nthe consent or under the orders of the local government or which was in existence at the \r\ncommencement of this Act, the local government shall make compensation for any damage caused by \r\nthe removal thereof. \r\n \r\n(3) A local government may, by notice in writing, require the owner, lessee or occupier of any \r\nsuch land to cut or trim any hedge on the land in such manner and within such time as may be specified \r\nin the notice. \r\n \r\n20. Felling, lopping and trimming of trees. —(1) Where, in the opinion of the local \r\ngovernment the felling of any tree of mature growth standing in a private enclosure in its local area is \r\nnecessary for any reason, the local government may, by notice in writing, require the owner, lessee or \r\noccupier of the land to fell the tree within such time as may be specified in the notice. \r\n \r\n(2) A local government may— \r\n \r\n(a) cause to be lopped or trimmed any tree standing on land in its local area which \r\nbelongs to the  local government; or \r\n \r\n(b) by public notice require all owners, lessees or occupiers of land in its local area \r\nor by notice in writing require the owner, lessee or occupier of any such land, \r\nto lop or trim, in such manner as may be specified in the notice, all or any trees \r\nstanding on such land or to remove  any dead trees from such land. \r\n \r\nBurial Places/Graveyards and Cremation \r\n \r\n21. Power to call for information regarding burial and burning grounds. —(1) The local \r\ngovernment may, by notice in writing, require the owner or person in charge of any burial or burning  \r\nground within its area to supply such information as may be specified in the notice. \r\n \r\nPage 71 of 86  \r\n(2) No place which has not been used as a burial or burning ground before the commencement \r\nof this Act shall be so used without the permission in writing of the local government. \r\n \r\n(3) No new burial or burning place shall be established within the local area of  a local \r\ngovernment except  under a licence  granted by the local government and in conformity with the \r\nconditions of such  licence. \r\n \r\n(4) A burial or burning place which is not administered by a local government shall be \r\nregistered with the local government and shall be subject to regulation, supervision and inspection by \r\nit in such manner as the bye­laws may provide. \r\n \r\n(5) The Government may, by notification, declare that any graveyard or burial or burning place \r\nwhich is open to public for burial or burning shall vest in a local government and thereupon such burial \r\nor burning place shall vest in the local government and it shall take all measures necessary for  the \r\nproper maintenance and administration thereof. \r\n \r\n(6) A local government may provide suitable places for the graveyard or burial or burning of \r\nthe dead, and shall take necessary measures for proper maintenance and administration of such burial \r\nand  burning places. \r\n \r\n(7) (a) Where a local government after making or causing to be made a local  inquiry, is of \r\nopinion  that any burial or burning ground in its local area has become offensive, to, or dangerous to, \r\nthe health of, persons living in the neighbourhood, it may, by notice in writing, require the owner or  \r\nperson in charge of such ground to close the same from such date as may be specified in the notice. \r\n \r\n(b)  Where such notice is issued, the local government may provide at its own expense or, if \r\nthe community concerned is willing to provide a new burial or burning ground, shall provide a grant to \r\nbe made towards the cost of the same. \r\n \r\n(8) No corpse shall be buried or burnt in any burial or burning ground in respect of which a \r\nnotice  issued under this paragraph is for the time being in force. \r\n \r\nCulture \r\n \r\n22. Culture.—A local government may— \r\n \r\n(a) establish and maintain information centres for the furtherance of civic education \r\nand dissemination of information on such matters as community development \r\nand other matters of public interest; \r\n \r\n(b) provide and maintain public halls and community centres; \r\n \r\n(c) celebrate national occasions; \r\n \r\n(d) encourage national and regional languages; \r\n \r\n(e) promote physical culture and encourage public games and sports and organize \r\nrallies and  tournaments; \r\n \r\n(f) provide, promote or subsidise facilities for the recreation of the public. \r\n \r\nPage 72 of 86  \r\n23. Libraries. —A local government may establish and maintain such libraries, reading rooms \r\nand circulation libraries as may be necessary for the use of the public. \r\n \r\n24. Fairs and shows.—A local government may make such arrangements on the occasion of \r\nany fairs, shows or public festivals within its local area as may be necessary for the public health, \r\npublic safety and public convenience, and may levy fees on the persons attending such fairs, shows \r\nand festivals. \r\n \r\nDangerous and Offensive Articles and Trades \r\n \r\n25. Dangerous and offensive articles and trades.___(1) The articles and trades specified in \r\nFirst Schedule shall be deemed to be dangerous or offensive for purposes of this paragraph. \r\n \r\n(2) Except under and in conformity with the conditions of a licence granted by the local \r\ngovernment— \r\n \r\n(a) no person shall carry on any dangerous or offensive trade; \r\n \r\n(b) no premises shall be used or offered to be used for any dangerous or offensive \r\ntrade; and \r\n \r\n(c) no person shall store or keep in any premises— \r\n \r\n(i) any dangerous or offensive articles for domestic use; or \r\n \r\n(ii) any dangerous or offensive articles in excess of such limit and quantity \r\nas may be fixed  by the bye­laws. \r\n \r\n(3) Notwithstanding the grant of a licence under sub­paragraph (2), the local government may, \r\nfor reasons to be recorded, and after notice to the person affected, pass an order for the prohibition,  \r\nclosure or removal of any offensive and dangerous trade or article if such action is deemed expedient \r\nor necessary to implement the order. \r\n \r\nDrainage and Sewerage \r\n \r\n26. Drainage.—(1) A local government shall provide an adequate system of public drains in \r\nits local area and all such drains shall be constructed, maintained, kept cleared and emptied with due  \r\nregard to the health and convenience of the public. \r\n \r\n(2) Every owner or occupier of any land or building within the local area of the local \r\ngovernment  may, with its previous permission, and subject to such terms and conditions, including the \r\npayment of  fees, as it may impose, cause his drains to be emptied into public drains. \r\n \r\n(3) All private drains shall be subject to control, regulation and inspection by the local \r\ngovernment. \r\n \r\n(4) Subject to the provisions of any other law for the time being in force, the local government \r\nmay, by notice, direct a commercial or industrial concern to provide for the disposal of its waste or  \r\neffluent in the manner specified, and failure on the part of owner, tenant or occupier thereof to comply \r\nwith such directions, shall be a municipal offence. \r\n \r\nPage 73 of 86  \r\n(5) A local government may, by notice, require the owner of any building, land or an industrial \r\nconcern within its local area— \r\n \r\n(a) to construct such drains within the building or land or the street adjoining such \r\nbuilding or land and to take such other measures for treatment and disposal of \r\neffluent as may be specified in the notice; \r\n \r\n(b) to remove, alter or improve any such drains; and \r\n \r\n(c) to take other steps for the effective drainage of the building or land as may be \r\nspecified. \r\n \r\n(6) In case of failure of owner to comply with the requirements of notice under sub­paragraph \r\n(5), the local government may itself cause such requirements to be carried out, and the cost so incurred \r\nshall be deemed to be a tax levied on the owner of the building or land under this Act. \r\n \r\n27. Drainage and sewerage schemes for commercial and industrial area.___(1) A \r\nlocal government may, by notice, require the owners, tenants and occupiers of commercial and \r\nindustrial concerns in any area or areas within its local area to have at their own cost prepared a scheme \r\nfor the adequate and safe drainage and disposal of their wastes and effluent of the quality permitted \r\nunder the rule or the bye­laws and submit it to the local government within the time specified in the \r\nnotice: \r\n \r\nProvided that the time limit may be extended by the local government for a maximum period \r\nof three months at the request of the owners, tenants or occupiers of the commercial and the industrial \r\nunits concerned. \r\n \r\n(2) The drainage, sewerage and disposal scheme as approved by the local government with  \r\nmodifications, if any, shall be executed and implemented by the owners, tenants or occupiers of the  \r\ncommercial or industrial units at their expense in such manner and within such time as may be specified \r\nby the local government. \r\n \r\n(3) In case of the failure of the owners, tenants or occupiers of the c ommercial or industrial  \r\nconcerns to comply with the provisions of sub­paragraphs (1) and (2), the local government may itself \r\nprepare the drainage, sewerage and disposal scheme and execute and implement it at its own expense, \r\nand the cost so incurred shall, under this Act, be deemed to be a tax levied on the owners, tenants or  \r\noccupiers of the industrial and commercial units concerned. \r\n \r\nFood and Markets \r\n \r\n28. Public markets and slaughter -houses.—(1) A local government may provide and \r\nmaintain within its own local area, public markets and public slaughter­houses, in such number as it \r\nthinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of \r\npersons carrying on trade  or business in or frequenting such markets or slaughter­houses, and may \r\nprovide and maintain in any such market buildings, places, machines, weights, scales and measures \r\nfor the weighment or measurement of goods sold therein. \r\n(2) A local government may, at any time by publi c notice, either close or relocate any public  \r\nmarket or public slaughter­house or any part thereof. \r\n \r\n29. Use of public markets.—(1) An officer or servant of the local government authorized by \r\n \r\nPage 74 of 86  \r\nit in this behalf may summarily remove a person from a market if the person conducting business in \r\nthe market without the general or special permission of the local government. \r\n \r\n(2) Any person contravening the provisions of this paragraph and any animal or article exposed \r\nfor sale by such person may be summarily removed from the market by or under orders of the local  \r\ngovernment by an officer or servant of the local government authorized by it in this behalf. \r\n \r\n30. Levy of stallages, rents and fees.— A local government may, in respect of a public market \r\nand a public slaughter­house: \r\n \r\n(a) charge such stallages, rents and fees as it thinks fit for the occupation or use of \r\nany stall, shop standing, shed or pen in a public market, or public \r\nslaughter­house, or for the right to expose  goods for sale in a public market, or \r\nfor weighing or measuring goods sold therein, or for the right to bring in goods \r\non vehicles or animals, or for animals b rought for sale or sold, or for  the right \r\nto slaughter animals in any public slaughter­house; or \r\n \r\n(b) put up to public auctions or dispose of by private sale, the privilege of occupying \r\nor using any  stall, shops, standing, shed or pen in a public market or public \r\nslaughter house for such term and on such conditions as it may approve. \r\n \r\n31. Stallages, rents, etc. to be published.—A copy of the table of stallages, rents and fees, if \r\nany, leviable in any public market or public slaughter-house and of the bye­laws made under this Act \r\nfor the purpose of regulating the use of such market or slaughter­house, printed in Urdu and in such \r\nother  language or languages as the local government may direct, shall be affixed in some conspicuous \r\nplace in the market or slaughter­house. \r\n \r\n32. Private markets and slaughter-houses.—(1) No place in a local area other than a public \r\nmarket shall be used as a market, and no place in a local area other than a public slaughter­house  shall \r\nbe used as a slaughter­house, unless such place has been licensed as a market or slaughter­house   by \r\nthe local government. \r\n \r\n(2) Nothing in sub­paragraph (1) shall be deemed to restrict the slaughter of any animal in any \r\nplace on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent \r\nnotice as the local government with the previous sanction of the local government may, by public or  \r\nspecial notice, impose in this behalf. \r\n \r\n33. Conditions of grant  of licence  for private market or slaughter house.—(1) A local \r\ngovernment may charge such fees as may be approved for the grant of a licnece to any person to open \r\na private market or private slaughter­house and may grant such licence subject to such conditions, \r\nconsistent with this Act and any bye­laws, as it thinks fit to impose. \r\n \r\n(2) A local government may refuse to grant any such licence for reasons to be recorded. \r\n \r\n \r\n \r\n34. Prohibition of keeping market or slaughter -house open without licence, etc. —(1) No \r\nperson shall keep open for public use any market or slaughter-house in respect of which the licence \r\nhas either been suspended or cancelled. \r\n \r\n \r\nPage 75 of 86  \r\n(2) When a licence to open a private market or private slaughter­house is granted or refused or \r\nis suspended or cancelled, the local government shall cause a notice of the grant, refusal, suspension \r\nor cancellation to be pasted in Urdu and in such other language or languages as it thinks necessary, at \r\nsome conspicuous place near by the entrance of the place to which the notice relates. \r\n \r\n35. Prohibition of using unlicensed market or slaughter-houses.—No person, knowing that \r\nany market or slaughter­house has been opened to the public without a licence having been obtained  \r\ntherefor when such licence is required by or under this Act, or that the licence granted therefor is for  \r\nthe time being suspended or that it has been cancelled, sell or expose for sale any article in such market, \r\nor slaughters any animal in such slaughter­house. \r\n \r\n36. Prohibition and restriction of use of slaughter-houses.___(1) Where, in the opinion of \r\nthe local government it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for \r\nsuch period, not exceeding one month as may be  specified in the notice, or for such further period,  \r\nnot exceeding one month, as it may specify by like notice, the use of any private slaughte r­house \r\nspecified in the notice, or the slaughter therein of any animal of any description so specified. \r\n \r\n(2) A copy of every notice issued under sub­paragraph (1) shall be conspicuously posted in \r\nthe  slaughter­house to which it relates. \r\n \r\n37. Power to inspect slaughter-house.___(1) Any servant of a local government authorized \r\nby order in writing in this behalf by the local government may, if he has reason to believe that any \r\nanimal  has been, is being, or is about to be slaughtered in any place in contravention of the provisions \r\nof this Act enter into and inspect any such place at any time, whether by day or by night. \r\n \r\n(2) Every such order shall specify the place to be entered and the locality in which the same \r\nis situated and the period, which shall not exceed seven days, for which the order is to remain in force. \r\n \r\n38. Power to make bye-laws.—A local government may make bye­laws consistent with this \r\nAct  to provide for all or any of the following matters, namely: \r\n \r\n(a) the days on, and the hours during, which any private market or private \r\nslaughter­house may  be kept open for use; \r\n \r\n(b) the regulation of the design, ventilation and drainage of such markets and \r\nslaughter­houses and the material to be used in the construction thereof; \r\n \r\n(c) the keeping of such markets and slaughter­houses and lands and buildings \r\nappertaining there to in a clean and sanitary condition, the removal of filth and \r\nrefuse there from, and the supply therein of pure water and of a sufficient \r\nnumber of latrines and urinals for the use of persons  using or frequenting the \r\nsame; \r\n \r\n(d) the manner in which animals shall be stalled at a slaughter­house; \r\n \r\n(e) the manner in which animals may be slaughtered; \r\n \r\n(f) the disposal or destruction of animals offered for slaughter which are, from \r\ndisease or any  other cause, unfit for human consumption; \r\n \r\n \r\nPage 76 of 86  \r\n(g) the destruction of carcasses which from disease or any other cause are found \r\nafter slaughter  to be unfit for human consumption; and \r\n \r\n(h) any other matter which the local government may consider necessary including \r\nany specific  exemptions from the application of the bye­laws. \r\n \r\n39. Bye-laws for articles of food and drink—A local government may, by bye­laws — \r\n \r\n(a) prohibit the manufacture, sale or preparation or the exposure for sale of \r\nany specified articles  of food or drink in any place or premises not \r\nlicensed by the local government; \r\n \r\n(b) prohibit the import into its local area for sale or hawking for sale, of any \r\nspecifies article of food or drink by person not so licensed; \r\n \r\n(c) prohibit the hawkings of specified articles of food and drink in such parts \r\nof it local area as may be specified; \r\n \r\n(d) regulate the time and manner of transport within its local area of any \r\nspecifies articles of food or drink; \r\n \r\n(e) regulate the grant and withdrawal of a licence under this paragraph and \r\nthe levying of fees  therefor; or \r\n \r\n(f) provide for the seizure and disposal of any animal, poultry or fish \r\nintended for food which is diseased, or any article of food or drink which \r\nis noxious. \r\n \r\n40. Milk supply. —(1) Except under a licence granted by the local government and it \r\nconformity with the conditions of such licence, no person shall, unless exempted by the local \r\ngovernment, keep milch cattle for the sal e of milk or sell milk or export  or import milk for sale or \r\nmanufacture butter, ghee, or any other milk for sale or dairy product, nor shall any premises be used \r\nfor such purpose. \r\n \r\n(2) A local government may, in the manner prescribed, frame and enforce a milk supply scheme \r\nwhich may among other matters provide for the establishment of milkmen ’s colonies, the prohibition \r\nof the keeping of milch cattle in the local area or any part thereof and the adoption of such o ther \r\nmeasures as may be necessary for ensuring an adequate supply of pure milk to the public. \r\n \r\n41. Feeding animals on dirt, etc.—No person shall feed or allow to be for on filthy or \r\ndeleterious substances any animal, which is kept for purposes of supplying milk to, or which is  \r\nintended to be used for human consumption or allow it to graze in any place in which grazing has, for \r\nsanitary reasons, been prohibited by public notice by the local government. \r\n \r\n42. Powers of entry and seizure.—(1) An officer or servant of a local government authorized \r\nby  it in writing in this behalf— \r\n \r\n(a) may at any time enter into any market, building, shop, stall or other place in the \r\nlocal area for the purpose of inspecting, and may inspect, any animal, article or \r\nthing intended for human  food or drink or for medicine, whether exposed or \r\n \r\nPage 77 of 86  \r\nhawked about for sale or deposited in or brought to any place for the purpose of \r\nsale, or of preparation for sale, or any utensil or  vessel for preparing, \r\nmanufacturing or containing any such article, or thing, and may enter  into and \r\ninspect any place used as a slaughter­house and may examine any animal or \r\narticle therein; \r\n \r\n(b) may seize any such animal, article or thing which appears to him to be diseased, \r\nor unwholesome or unfit for human food or drink or medicine or to be \r\nadulterated or to be not what it is represented to be, or any such utensil or vessel \r\nwhich is of such a kind  or in such a  state as to render any article  prepared, \r\nmanufactured or contained therein unwholesome or unfit for human food or for \r\nmedicine. \r\n \r\n(2) Any article seized under sub­paragraph (1) which is of a perishable nature may forthwith \r\nbe destroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink or medicine. \r\n \r\n(3) Every animal, article, utensil, vessel or other thing seized under subparagraph (1) shall, if \r\nit is not destroyed under sub­ paragraph (2), be taken before a competent court which shall give orders \r\nas to its disposal. \r\n \r\nExplanation­I—If any such article, having been exposed or stored in, or brought to, any place \r\nmentioned in sub­paragraph (1) for sale as asli (pure) ghee, contains any substance not exclusively  \r\nderived from milk, it shall be deemed, for purposes of this paragraph, to be an article which is not what \r\nit is represented to be. \r\n \r\nExplanation­II—Meat subjected to the process of blowing shall  be deemed to be unfit for \r\nhuman food. \r\n \r\nExplanation­III—The article of food or drink shall not be deemed to be other than what it is \r\nrepresented to be merely by reason of the fact that there has been added to it some substance not  \r\ninjurious to health: \r\n \r\nProvided that— \r\n \r\n(a) such substance has been added to the article because the same is required for \r\nthe preparation or production there of as an article of commerce in a state fit for \r\ncarriage or consumption and   not fraudulently to increase the bulk, weight or \r\nmeasure of the food or drink or conceal the inferior quality thereof, or \r\n \r\n(b) in the process of production, preparation or conve yance of such article of food \r\nor drink, the  extraneous substance has unavoidably become intermixed \r\ntherewith, or \r\n \r\n(c) the owner or person in possession of the article has given sufficient notice by \r\nmeans of a label  distinctly and legibly written or printed thereon or therewith, \r\nor by other means of a public  description, that such substance has been added, \r\nor \r\n(d) such owner or person has purchased that article with a written warranty that it \r\nwas of a certain nature, substance and quality and had no reason to believe that \r\nit was not of such nature, substance and quality, and has exposed it or hawked it \r\nabout or brought it for salt in  the same state and by the same description as that \r\n \r\nPage 78 of 86  \r\nin and by which he purchased it. \r\n \r\nLicencing: General Provisions \r\n \r\n43. Power to vary licence. —If a local government is satisfied that any place used under a \r\nlicence granted by it under this Act is a nuisance or is likely to be dangerous to life, health or property, \r\nthe local government may, by notice in writing, require the owner, lessee or occupier thereof to \r\ndiscontinue the use of such place or to effect such alterations, additions, or improvements as will,  in \r\nthe opinion of the local government, render it no longer a nuisance or dangerous. \r\n \r\n44. Carrying on trade, etc., without licence or in contravention of paragraph.— No person \r\nshall carry on any trade, calling or occupation for which a licence is required without obtaining a  \r\nlicence therefor or while the licence therefor is suspended or after the same has been cancelled, or after \r\nreceiving a notice under paragraph 65, use or allow to be used any building or place in contravention \r\nthereof. \r\n \r\n45. Gardens.—(1) A local government may lay­out and maintain within its local area such \r\npublic  gardens as may be necessary for the recreation and convenience of the public and such public \r\ngardens shall be maintained and administered in such manner as the bye­laws, may provide. \r\n \r\n(2) For every public garden there shall be framed and enforced, in the manner prescribed, a  \r\ngarden development plan, which shall provide for the development and improvement of the garden. \r\n \r\n46. Open spaces.— A local government may provide and maintain within its local area such \r\nopen spaces as may be necessary for the convenience of the public and such spaces shall be grassed,  \r\nhedged, planted and equipped with such amenities and in such manner as the bye­laws may provide. \r\n \r\nDevelopment Planning \r\n \r\n47. Community Development Projects.— A local government may sponsor or promote \r\ncommunity development projects for its local area or any part thereof and may, in this behalf, subject \r\nto the approval of Government, perform such functions as may be necessary. \r\n \r\n48. Approval of Development Plan. —The Development Plan of a local government shall be \r\nsanctioned in its meeting. \r\n \r\n49. Development Plans to be included in the Budget.— As far as may be, the schemes \r\nincluded in  the Development Plan shall be included in the budget. Public Health and Sanitation. \r\n \r\nPublic Health and Sanitation \r\n \r\n50. Insanitary buildings and lands.—(1) A local government may,  by notice, require the \r\nowners  or occupier of any building or land which is in insanitary or unwholesome state — \r\n \r\n(a) to clean or otherwise put in it in a proper state; \r\n \r\n(b) to make arrangements to the satisfaction of the local government for its proper \r\nsanitation; and \r\n \r\n(c) to lime wash the building and to make such essential repairs as may be specified \r\n \r\nPage 79 of 86  \r\nin the notice. \r\n \r\n(2) If in the  opinion of a  local government  any well, tank, reservoir, pool, depression, or  \r\nexcavation, or any bank or tree, is in a ruinous state or for want of sufficient repairs, protection or  \r\nenclosure is a nuisance or is dangerous to persons passing by or dwelling or working in the \r\nneighbourhood, the local government may, by notice in writing, require the owner or part­owner or  \r\nperson claiming to be the owner or part­owner thereof, or, failing any of them, the occupier thereof to \r\nremove the same, or may require him to repair, or to protect or enclose the same in such manner as it  \r\nthinks necessary; and, if the danger is, in the opini on of the local government imminent, it shall  \r\nforthwith take such steps as it thinks necessary to avert the same. \r\n \r\n51. Removal, collection and disposal of refuse.—(1) A local government shall make adequate \r\narrangements for the removal of refuse from all public roads and streets, public latrines, urinals, drains \r\nand all buildings and lands vested in the local government and for the collection and proper  disposal \r\nof such refuse. \r\n \r\n(2) The occupiers of all other buildings and lands within the local area of a local government \r\nshall be responsible for the removal of refuse from such buildings and land subject to the general \r\ncontrol and supervision of the local government where relevant. \r\n \r\n(3) A local government shall cause public dustbins or other suitable receptacles to be provided \r\nat suitable places and where such dustbins or receptacles are provided, the local government may, by  \r\npublic notice, require that all refuse accumulating in any premises or land shall be deposited by the  \r\nowner or occupier of such premises or land in such dustbins or receptacles. \r\n \r\n(4) All refuse removed and collected by the staff of a local government or under their control \r\nand supervision and all refuse deposited in the dustbins and other receptacles provided by the local \r\ngovernment shall be property of the local government. \r\n \r\n(5) A local government may, by notice, issue directions with regard to the manner in which \r\nand the conditions subject to which, any matter referred to in this paragraph may be carried out. \r\n \r\n52. Latrines and urinals. —(1) A local government shall provide and maintain in sufficient  \r\nnumber and in proper situations public latrines and urinals for the separate use of each sex, and shall  \r\ncause the same to be kept in proper order and to be regularly and properly cleaned. \r\n \r\n(2) A local government may, by notice in writing— \r\n \r\n(a) require any person having the control whether as owner, lessee or occupier of \r\nany land or  building: \r\n \r\n(i) to close any cesspool appertaining to the land or building which is, in the \r\nopinion of the  local government a nuisance; or \r\n \r\n(ii) to keep in a clean condition, in such manner as may be prescribed by the \r\nnotice, any receptacle or filth or sewage accumulating on the land or in \r\nthe building; or \r\n \r\n(iii) to prevent the water of any private latrine, urinal, sink or bathroom or \r\nany other offensive  matter, from soaking, draining or flowing, or being \r\n \r\nPage 80 of 86  \r\nput, from the land or building upon  any street or other public place or \r\ninto any water­course or other specified water­body or  into any drain not \r\nintended for the purpose; or \r\n \r\n(iv) to collect and deposit for removal by the conservancy establishment of \r\nthe local government within such time and in such receptacle or place, \r\nsituated at not more than thirty five meters from the nearest boundary of \r\nthe premises, as may be specified in the  notice, any offensive matter or \r\nrubbish which such person has allowed to accumulate or  remain under, \r\nor on such building or land; or \r\n \r\n(b) require any person to desist from making or altering any drain leading into public \r\ndrain; or \r\n \r\n(c) require any person having the control of a drain to cleanse, purify, repair or alter \r\nthe same, or otherwise put it in good order, within such time as may be specified \r\nin the notice. \r\n \r\n(3) Where any premises are without privy or urinal accommodation, or without adequate privy \r\nor urinal accommodation, or the privy or urinal is on any ground objectionable, the local government  \r\nmay, by notice, require the owner or occupier of such premises — \r\n \r\n(a) to provide such or such additional privy or urinal accommodation as may be \r\nspecified in the  notice; \r\n \r\n(b) to make such structural or other alteration in the existing privy or urinal \r\naccommodation as may be so specified; \r\n \r\n(c) to remove the privy or urinal; and \r\n \r\n(d) to substitute connected privy or connected urinal accommodation for any \r\nservice privy or service-uniral accommodation where there is any underground \r\nsewerage system. \r\n \r\n(4) In case the owner or occupier of any building or land who has been served notice under \r\nsub­paragraph (3), fails to make arrangements to the satisfaction of the local authority for the matter  \r\nreferred to in this paragraph, the local government may make such arrangements and the cost so  \r\nincurred shall be deemed to be a tax levied under this Act on the owner or occupier. \r\n \r\n53. Private latrines.—A local government may, by notice in writing— \r\n \r\n(a) require the owner or other person having the control of any private latrine or \r\nurinal not to put the same to public use; or \r\n \r\n(b) where any plan for the construction of private latrines or urinals has been \r\napproved by the local government and copies thereof may be obtained free of \r\ncharge on application: \r\n \r\n(i) require any person repairing or constructing any private latrine or urinal \r\nnot to allow the same to be used until it has been inspected by or under \r\nthe direction of the local government and approved by it as conforming \r\n \r\nPage 81 of 86  \r\nwith such plan; or \r\n \r\n(ii) require any person having control of any private latrine or urinal to \r\nre­build or alter the same in accordance with such plan; or \r\n \r\n(c) require the owner or other person having the control of any such private latrine \r\nor urinal which, in the opinion of the local government constitutes a nuisance, \r\nto remove the latrine or  urinal; or \r\n \r\n(d) require any person having the control whether as owner, lessee or occupier of \r\nany land or  building: \r\n \r\n(i) to have any latrines provided for the same covered by a sufficient roof \r\nand wall or fence  from the view of persons passing by or dwelling in the \r\nneighbourhood; or \r\n \r\n(ii) to keep such latrine or urinal in proper state to the satisfaction of the \r\nlocal government and shall employ such staff for the purpose as may be \r\nnecessary or as may be specified  by the local government; and \r\n \r\n(e) require any person being the owner and having the control of any drain to \r\nprovide, within ten  days from the service of the notice, such covering as may be \r\nspecified in the notice. \r\n \r\n54. Infectious diseases.—(1) A local government shall adopt measures to prevent \r\ninfectious  diseases and to restrain infection within its local area. \r\n \r\n(2) A local government shall establish and maintain one or more hospitals for the reception \r\nand     treatment of persons suffering from infectious diseases. \r\n \r\n55. Bathing and washing places.—(1)A local government may from time to time— \r\n \r\n(a) set apart suitable places for use by the public for bathing; \r\n \r\n(b) specify the time at which and the sex of persons by whom such places may be \r\nused; and \r\n \r\n(c) prohibit by public notice, the use by the public for any of the said purposes of \r\nany place not so set apart. \r\n \r\n(2) No person shall establish, maintain or run a hamam or a bath for public use except under a \r\nlicence granted by the local government and in conformity with the conditions and terms of such  \r\nlicence. \r\n \r\n \r\n \r\nPublic Safety \r\n \r\n56. Floods.—For fighting of floods, rescuing of people from the flood­affected areas and \r\naffording relief to flood­stricken people, the local government shall provide such boats, appliances and \r\n \r\nPage 82 of 86  \r\nequipment as may be specified by Government. \r\n \r\n \r\nRegistration of Births, Deaths, Marriages and Divorces \r\n \r\n57. Birth, deaths etc. —A local government  shall register all births, deaths, marriages and  \r\ndivorces within the limits of its local area and information of such births, deaths, marriages and  \r\ndivorces shall be given by such persons or authorities and shall be registered in such manner as the  \r\nbye­laws may provide. \r\n \r\nSocial Welfare and Community Development \r\n \r\n58. Social welfare.—A local government may— \r\n \r\n(a) establish, manage and maintain welfare homes, asylums, orphanages, widow \r\nhomes and other  institutions for the relief of the distressed; \r\n \r\n(b) provide for the burial or cremation of unidentified dead bodies within its local \r\narea at its own expense; \r\n \r\n(c) adopt such measures as may be specified by the Government for the prevention \r\nof beggary, prostitution, gambling, taking of injurious drugs and consumption of \r\nalcoholic liquor, juvenile  delinquency and other social evils; \r\n \r\n(d) organize social service volunteers; and \r\n \r\n(e) adopt such measures as may be prescribed for the prom otion of the welfare of \r\nbackward classes, families of the persons serving in the armed forces, women \r\nand children. \r\n \r\nStreets and Streets Lighting \r\n \r\n59. Public streets—(1) A local government shall provide and maintain such public streets and \r\nother means of public communications as may be necessary. \r\n \r\n(2) A local government shall, in the manner prescribed, prepare and execute a road maintenance \r\nand development programme. \r\n \r\n60. Streets.—( 1) No new street shall be laid out except with the previous sanction of the local \r\ngovernment and in conformity with the terms and conditions of such sanction. \r\n \r\n(2) All streets other than public streets shall be maintained in such manner as the bye­laws may \r\nprovide. \r\n \r\n(3) A local government may, by notice, require that any street may be paved, metalled, drained, \r\nchanneled, approved or lighted in such manner as may be specified and in the event of default, the  \r\nlocal government may have the necessary work done through its agency and the cost so incurred shall \r\nbe deemed to be a tax levied on the person concerned under this Act. \r\n \r\n(4) Government may prescribe the manner in which a street other than a public street may be \r\n \r\nPage 83 of 86  \r\nconverted into a public street. \r\n \r\n(5) A local government shall not name or rename a road or a street or a chowk or an underpass \r\nor  a flyover/interchange without the previous approval of the Government. \r\n \r\n61. Street lighting and electrification.—(1) A local government shall take such measures as  \r\nmay be necessary for the proper lighting of the public streets and other public places vested in the local \r\ngovernment by oil, gas, electricity or such other illuminant as the local government may determine. \r\n \r\n(2) A local government shall also provide or cause to be provided electricity in coordination \r\nwith the concerned department to its local area for public and private purposes. \r\n \r\n(3) A local government may frame and enforce street lighting and electrification schemes. \r\n \r\n62. Street watering.—A local government shall take such measures as may be necessary for \r\nthe watering of public streets for the comfort and convenience of the public, and may, for this purpose, \r\nmaintain such vehicles, staff and other apparatus as may be necessary. \r\n \r\nTrades and Occupations \r\n \r\n63. Provision of washing places.—(1) A local government may provide suitable places for the \r\nexercise by washermen of their calling, and may require payment of such fees as may be prescribed  \r\nby the local government. \r\n \r\n(2) Where the local government has provided such places as aforesaid it may, by public notice, \r\nprohibit the washing of clothes by washermen at any other place within that part of the local area: \r\n \r\nProvided that such prohibition shall not be deemed to apply to the washing by a washerman of \r\nhis own clothes or of the clothes of any other person who is an occupier of the place at which they are \r\nwashed. \r\n \r\n64. Licences required for carrying on of certain occupation. —(1) No person of any of the  \r\nfollowing classes, namely:— \r\n \r\n(a) butchers and vendors of poultry, game or fish; \r\n \r\n(b) persons keeping milch cattle or milch goats for profit; \r\n \r\n(c) persons keeping for profit any animal other than milch cattle or milch goats; \r\n \r\n(d) dairymen, buttermen and makers and vendors of ghee; \r\n \r\n(e) vendors of fruit or vegetables; \r\n \r\n(f) manufacturers of ice or ice­cream and vendors of the same; \r\n \r\n(g) vendors of articles of food or drink for human consumption (other than milk, \r\nbutter, bread, biscuits, cake, fruit, vegetables, aerated or other potable water or \r\nice or ice­cream) which are  of a perishable nature; \r\n \r\n \r\nPage 84 of 86  \r\n(h) vendors of water to be used for drinking purposes; \r\n \r\n(i) washermen; \r\n \r\n(j) persons carrying on any trade or occupation from which offensive or unwhole \r\nsome smells  arise; \r\n \r\n(k) vendors of wheat, rice and other grain or flour; \r\n \r\n(l) makers and vendors of sweetmeats; \r\n \r\n(m) barbers and keepers of shaving saloons; and \r\n \r\n(n) any other trades and occupations specified in the bye­laws, or through public \r\nnotice by local  government from time to time— \r\n \r\nshall carry on his trade, calling or occupation in such part of a local area as may \r\nbe designated by the local government unless he has applied for and obtained a \r\nlicence in this behalf from the local government. \r\n \r\n(2) A licence granted under sub­paragraph (1) shall be valid until the end of the year in which \r\nit is  issued and the grant of such licence shall not be withheld by the local government unless it has \r\nreason  to believe that the business which it is intended to establish or maintain would be offensive or \r\ndangerous to the public. \r\n \r\n(3) Notwithstanding anything contained in sub­paragraph (1)— \r\n \r\n(a) no person who was, at the commencement of this Act carrying on his trade, \r\ncalling or occupation in any part of a local area shall be bound to apply for a \r\nlicence for carrying on such trade or occupation in that part until he has received \r\nfrom the local government not less   than three months notice  in writing of his \r\nobligation to do so, and if the local government  refuses to grant him a licence, \r\nit shall pay compensation for any loss incurred by reason of such refusal; and \r\n \r\n(b) no person shall be required to take a licence for the sale or storage of petroleum \r\nor for the sale or possession of poisons or white arsenic in any case in which he \r\nis required to take a licence or such sale, storage or possession under any Federal \r\nor any other existing law. \r\n \r\n(4) A local government may charge fees for the grant of licences under this paragraph. \r\n \r\n65. Conditions which may be attached to licences.—A licence granted to any person \r\nunder paragraph 89 shall specify the part of the local area in which the licensee may carry on his trade, \r\ncalling or occupation, and may regulate the hours and manner of transport within the local area of any \r\nspecified articles intended for human consumption and may contain any other conditions which the  \r\nlocal government thinks fit to impose in accordance with the bye­laws made under this Act. \r\nPublic Vehicles and Parking \r\n \r\n66.  A local government  may provide for parking motors on  such public places as may  be \r\ndetermined by it. \r\n \r\nPage 85 of 86  \r\n67. Public vehicle—(1) No person shall keep or let for hire or drive or propel, within the limits \r\nof  the local area of the local government, any public vehicle, other than a motor vehicle, except under \r\na licence granted by the local government and in conformity with the conditions of such licence. \r\n \r\n(2) No horse or other animal shall be used for drawing a public vehicle within the local area of \r\nthe local government except under the licence granted by the local government and in conformity with \r\nthe conditions of such licence. \r\n \r\n(3) A local government shall, in such manner as the bye­laws may provide and with the \r\nprevious approval of Government, fix the rate of fares for the use of public vehicles and no person \r\nplying a public vehicle shall charge a rate in excess thereof. \r\n \r\n(4) In this paragraph, a “public vehicle” means any vehicle which ordinarily plies for hire. \r\n \r\n68. Public ferries.—(1) A local government may, by bye­laws, provide for the licensing of \r\nboats and other vessels plying for hire in a public watercourse and may specify the terms and conditions \r\nfor  the grant of licences and the fees to be charged therefore. \r\n \r\n(2) Government may declare any part of the public watercourse to be a public ferry and may  \r\nentrust the management thereof to the local government which shall manage and operate the public  \r\nferry in such manner and levy such toll as may be necessary. \r\n \r\nWater supply \r\n \r\n69. Water supply.—(1) A local government shall provide or cause to be provided to its local \r\narea a supply of wholesome water sufficient for public and private purposes. \r\n \r\n(2) Where a piped water supply is provided, the local government shall supply water to private \r\nand public premises in such manner and on payment of such charges as the bye­laws may provide. \r\n \r\n70. Private source of water supply—(1) All private sources of water supply within the local \r\narea of the local government shall be subject to control, regulation and inspection by the local  \r\ngovernment. \r\n \r\n(2) No new well, water­pump or any other source of water for drinking purposes, shall be dug, \r\nconstructed or provided except with the sanction of the local government. \r\n \r\n(3) A local government may, by notice, require the owner or any person having the control of \r\nany  private source of water supply used for drinking purposes— \r\n \r\n(a) to keep the same in good order and to clean it from time to time of silt, refuse \r\nand decaying matter; \r\n \r\n(b) to protect the same from contamination in such manner as the local government \r\ndirects; and \r\n(c) if the water therein is proved to the satisfaction of the local government to be \r\nunfit for drinking purposes, to take such measures as may be specified in the \r\nnotice to prevent the use  of such water for drinking purposes. \r\n \r\n71. Public watercourses.—(1) A local government  may, with the previous sanction  of the \r\n \r\nPage 86 of 86  \r\nGovernment, declare any source of water, river, spring, tank, pond or public stream, or any part thereof \r\nwithin its local area, which is not private property, to be a public watercourse. \r\n \r\n(2) A local government may, in respect of any public watercourse, provide such amenities, \r\nmake such arrangements for life saving, execute such works and, subject to the provisions of any law \r\nfor the  time being in force relating to irrigation , drainage and navigation, regulate the use thereof in \r\nsuch manner as the bye­laws may provide. \r\n \r\n72. Tanks, ponds and low-lying areas.—A local government may take such steps with regard \r\nto  the excavation or re­excavation  of tanks and ponds and the reclamation  of low­lying areas as it \r\nthinks fit or the Government directs. \r\n \r\n \r\n_________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n            \r\n \r\n \r\n \r\n \r\n        \r\n            \r\n \r\n           Date: 11-10-2024",
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