{ "schema_version": "qanun-law-text/1", "id": "punjab-code-8c8689d1e8f8f490", "title": "PUNJAB LOCAL GOVERNMENT ACT 2022", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/U2NTZQU6AjoBZQ--", "version": null, "source_snapshot": "2026-08-06T16:58:31Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "1b9423e0a2a734196d5e9664d9b9c7fcc84ff8f5a00b9b663647ed15a755703e", "source_sha256": "1b9423e0a2a734196d5e9664d9b9c7fcc84ff8f5a00b9b663647ed15a755703e", "text_version_id": "law:punjab-code-8c8689d1e8f8f490:sha256:1b9423e0a2a734196d5e9664d9b9c7fcc84ff8f5a00b9b663647ed15a755703e", "quality_flags": [], "encoding": "UTF-8", "text": "PUNJAB LOCAL GOVERNMENT ACT 2022 \r\n(XXXIII of 2022) \r\nCONTENTS \r\nPART 1 \r\nPRELIMINARY \r\nChapter - I \r\nIntroduction \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nChapter - II \r\nSuccession of Local Governments \r\n3. Succession of the defunct local governments \r\nChapter - III \r\nOverriding Effect and Removal of Difficulties \r\n4. Act to override other laws \r\n5. Removal of difficulties \r\n6. Certain matters to be prescribed \r\nPART 2 \r\nCONSTITUTION AND FUNCTIONING OF LOCAL GOVERNMENTS \r\nChapter - IV \r\nDemarcation, Classification, Delimitation, Constitution \r\nof Local Governments and Review of Local Areas \r\n7. Demarcation, constitution and classification of Metropolitan Corporation \r\nand District Council \r\n8. Notification of local areas of Metropolitan Corporations and District \r\nCouncils \r\n9. Review of local areas of Metropolitan Corporations and District Councils \r\n10. Delimitation of Union Councils by the Election Commission \r\n11. Principles of delimitation of Union Councils \r\n12. Coordination with Election Commission for delimitation \r\nChapter - V \r\nComposition and Structure of Local Governments \r\n13. Local government structure \r\n14. Head’s Cabinet \r\nChapter - VI \r\nAuthority of Local Governments \r\n15. Local governments to work within the Provincial framework \r\n \r\n \r\n16. General authority and responsibility of a local government \r\n17. Extent of authority of local governments \r\n18. Assignment of additional responsibilities by Government \r\n19. Manner of exercise of authority by a local government \r\n20. All acts and orders to be taken or made in the name of local government \r\nChapter - VII \r\nFunctions of Local Governments \r\n21. Functions and powers of Metropolitan Corporation and District Council \r\n22. Functions and powers of Union Council \r\nChapter – VIII \r\nAdditional functions in relation to the Authorities, etc. \r\n23. Functions and powers in relation to the Authorities, Agencies and \r\nCompanies in the Metropolitan Corporations \r\nChapter – IX \r\nDistrict Local Government Authorities for the Devolved District \r\nLevel Offices \r\n24. Exercise of functions and powers in relation to the devolved district \r\nlevel offices of the Government Departments \r\n25. District Authorities \r\n26. Composition and management of the District Authorities \r\n27. Performance of functions by the District Authorities \r\nChapter – X \r\nMode of Discharge of Functions by the local governments – Agency \r\nArrangement and Joint Authorities. \r\n28. Discharge of functions by local governments \r\n29. Delegation of functions to Union Councils \r\n30. Agency arrangements \r\n31. Establishment of joint authorities \r\n32. Inter-agency coordination \r\nChapter - XI \r\nDuties of Certain Functionaries \r\n33. Duties and powers of a Head of the local government \r\n34. Duties and powers of a Speaker \r\n35. Duties of a Councillor \r\n36. Duties and powers of Chief Officer \r\n37. Attendance of Council meetings by Chief Officer \r\n38. Personal responsibility for acts done an d expenditure incurred without \r\nlawful authority \r\n \r\n \r\nChapter - XII \r\nConduct of Business \r\n39. Conduct of business \r\n40. Meetings of the House \r\n41. Contracts \r\nPART 3 \r\nELECTIONS, TERM OF OFFICES AND RELATED MATTERS \r\nChapter - XIII \r\nAuthority for Local Government Elections \r\n42. Election Commission to conduct local government elections \r\n43. Elections Act to apply \r\n44. All authorities and persons to assist the Election Commission \r\n45. Delegation of powers \r\n46. Election Commission to regulate its own procedure \r\nChapter - XIV \r\nElection Method, Franchise and Related Matters \r\n47. Election Method \r\n48. Opposition Leader \r\n49. Electoral units \r\n50. Enlistment of an Electoral Group \r\n51. Electoral rolls \r\n52. Right to vote \r\nChapter - XV \r\nConduct of Elections \r\n53. Notification of election date and call up for election \r\n54. Only nominated and eligible persons allowed to contest elections \r\n55. Manner of conducting Elections \r\n56. Code of Conduct for elections \r\n57. Returned Candidates \r\n58. Announcement of Results \r\n59. Election to be called in question only before Election Tribunal \r\n60. Notification of vacancy and bye-election \r\nChapter - XVI \r\nQualifications and Term of Office of Candidates \r\n61. Qualifications and disqualifications \r\n62. Defection from a Political Party or Electoral Group \r\n \r\n \r\n63. Effect of being found to be disqualified to be a candidate, Head of the \r\nlocal government, Deputy Mayor, Vice Chairperson, Speaker, or a \r\nCouncillor \r\n64. Bar against double membership \r\n65. Term of office of the Council, Head of the local government, Deputy \r\nMayor, Vice Chairperson, Speaker or a Councillor \r\n66. First Meeting and Oath of office \r\n67. Effect of failure to take oath \r\n68. Resignation by a Head of the local government, Deputy Mayor, Vice \r\nChairperson, Speaker or Councillor \r\n69. Fresh elections in case of casual vacancy in the office of a Speaker \r\n70. Filling up of casual vacancies of Head, Deputy Mayor, Vice Chairperson \r\nand Councillors \r\n71. Power of the Chief Minister to appoint an administrator \r\nPART 4 \r\nLOCAL GOVERNMENT FINANCE AND PROPERTIES \r\nChapter - XVII \r\nLocal Government Finance \r\n72. Funds of a local government \r\n73. Custody of Local Fund and Public Account \r\n74. Charged expenditure \r\n75. Application of Local Fund \r\n76. Budget preparation \r\n77. Approval of budget \r\n78. Bottom up planning and the community ownership incentive system \r\n79. Honoraria and allowances \r\n80. Accounts \r\n81. Audit \r\n82. Local government debt \r\nChapter - XVIII \r\nPunjab Local Government Finance Commission \r\n83. Local Government Finance Commission \r\n84. Term of office and premature removal of certain members \r\n85. Casual vacancies \r\n86. Eligibility for appointment as an expert member \r\n87. Oath of office of members of Finance Commission \r\n88. General functions of the Finance Commission \r\n \r\n \r\n89. Right of local governments to refer objections to Finance Commission \r\n90. Procedure of Finance Commission \r\n91. Duty of local governments and other public entities etc. to cooperate \r\nwith Finance Commission \r\n92. Secretariat of the Finance Commission \r\nChapter - XIX \r\nLocal Government Properties \r\n93. Local government properties \r\n94. Use and disposal of properties of local governments \r\n95. Acquisition of immovable property \r\n96. Loss of property of local government \r\n97. Annual stock of local government properties \r\n98. Insurance of certain local government properties \r\nChapter - XX \r\nLocal Government Taxes, Fees, Rates and Tolls \r\n99. Authority of a local government to levy taxes etc \r\n100. Procedure for imposition, revision or abolishment of a local tax, fee, etc \r\n101. Date on which local taxes, fee, etc. become effective \r\n102. Rating areas and property tax \r\n103. Unfair local taxes etc \r\n104. Duty to furnish information on liability to local tax, fee etc. \r\n105. Power of entry for valuation of local taxes etc. \r\n106. Presentation of bill for local taxes and rates etc \r\n107. Notice of demand to be issued on non-payment of bill \r\n108. Payment of local tax etc. and consequences of default \r\n109. Investigation of objections by Chief Officer \r\n110. Appeal against the order of Chief Officer \r\n111. Liability for local tax etc. to be called in question only under this Act \r\n112. Payments to be made in authorized banks against receipts \r\n113. Writing off of irrecoverable taxes etc. \r\n114. Tax, fee etc. not to become invalid for a defect in form \r\n115. Records pertaining to va luation, assessment and collection of local tax, \r\nfee etc. \r\n116. Appointment of an agency or officer for collection of local tax, fee etc. \r\nChapter - XXI \r\nInter-governmental Fiscal Transfers \r\n117. Provincial allocable amount and transfers to the local governments \r\n \r\n \r\n118. Process for determination of provincial allocable amount and share of \r\nindividual local governments \r\n119. Duty of Finance Commission to consider views of Government and local \r\ngovernments \r\n120. Term of formulae on share of local governments and their revision \r\n121. Determination of provincial allocable amount \r\n122. Principles for determining transfers to individual local governments and \r\nrelated grants \r\nPART - 5 \r\nCOMMUNITY EMPOWERMENT AND MOBILIZATION \r\nChapter - XXII \r\nCommunity Mobilization through Community Council and Panchayat \r\n123. Community Council and Panchayat \r\n124. General functions of Community Council or Panchayat \r\n125. Amicable settlement of disputes \r\n126. Reference by Courts etc. \r\n127. Conflict of interest \r\n128. Procedure of settlement of disputes \r\nCHAPTER - XXIII \r\nCommunity Based Organizations \r\n129. Composition of Community Based Organizations \r\n130. Conduct of Business \r\n131. Raising of funds by Community Based Organization \r\n132. Community Based Organization to be a non-profit organization \r\nPART 6 \r\nACCOUNTABILITY, TRANSPARENCY, OVERSIGHT AND RESPONSIVENESS \r\nChapter XXIV \r\nInternal Controls \r\n133. Power of the Council to remove a Head of the local government, Deputy \r\nMayor, Vice Chairperson and Speaker \r\n134. Certain limitations to apply in bringing a resolution for removal of a \r\nHead of local government and Speaker \r\n135. Oversight through committees of the Council \r\n136. Internal inspections \r\n137. Internal inquiries \r\n138. Complaint Cell \r\n139. Right to information \r\nChapter - XXV \r\n \r\n \r\nTransparency \r\n140. General rules of conduct \r\n141. Conflict of interest \r\n142. Duty to abstain from proceedings in case of conflict of interest \r\n143. Code of Conduct for elected officials and officers etc. \r\n144. Misconduct \r\n145. Certain orders to be in writing or to be reduced to writing \r\nPART - 7 \r\n GOVERNMENT - LOCAL GOVERNMENTS RELATIONS \r\nChapter - XXVI \r\nOversight by the Government \r\n146. Supervision of local governments \r\n147. Power to call for information \r\n148. Power of the Secretary to suspend and set aside certain resolutions or \r\norders of local government \r\n149. Procedure where Head of the local government fails to show cause or to \r\ntake action on directions under the Act \r\n150. Power of the Secretary to take action on his own \r\n151. Suspension or dissolution of a local government \r\n152. Effect of suspension or dissolution of a local government \r\n153. Reinstatement of suspended local government \r\nPART 8 \r\nCOORDINATION AND CONFLICT MANAGEMENT \r\nChapter - XXVII \r\nPunjab Local Government Commission \r\n154. Establishment of Punjab Local Government Commission \r\n155. Chairperson and members of the Commission \r\n156. Term of office and premature removal of certain members \r\n157. Casual vacancy \r\n158. Eligibility for appointment of expert members \r\n159. Oath of office of members of the Commission \r\n160. Functions of the Commission \r\n161. Certain powers of a court to vest upon the Commission \r\n162. Procedure of the Commission \r\n163. Duty of the Government, local governments etc. to cooperate with the \r\nCommission \r\n164. Secretariat of the Commission \r\n \r\n \r\n165. Responsibility of the Commission \r\nPART 9 \r\nPLANNING AND DEVELOPMENT \r\nChapter – XXVIII \r\nPlanning, Development and Land use in Metropolitan Corporation and District \r\nCouncil \r\n166. Local development plan \r\n167. Initiation of proposals for new works etc. \r\n168. Approval of annual development plan \r\n169. Secretary to certify annual development plan if not approved by a local \r\ngovernment \r\n170. Planning guidelines \r\n171. Duty of every local government to maintain public service infrastructure \r\nmaps \r\nPART 10 \r\nREGULATION AND ENFORCEMENT \r\nChapter - XXIX \r\nMunicipal Offences and their Cognizance \r\n172. Offences, punishments and their cognizance \r\n173. Appointment and control of Inspectors \r\n174. Imposition of fine through ticketing \r\n175. Court proceedings for default in deposit of fine \r\n176. Compounding of offences \r\n177. Municipal Wardens \r\n178. General powers of Inspectors \r\n179. Appointment of Municipal Magistrates \r\nChapter- XXX \r\nOffences Relating to Code of Conduct and Conflict of Interest \r\n180. Punishment for acting dishonestly \r\n181. Punishment for acting despite conflict of interest \r\n182. Cognizance of an offence under this Chapter by courts \r\nChapter- XXXI \r\nOffences Relating to Local Taxes \r\n183. Punishment for non-payment of tax etc. \r\n184. Cognizance of offences under this Chapter \r\nPART 11 \r\nMISCELLANEOUS \r\nChapter - XXXII \r\n \r\n \r\nOfficers and Servants of Local Governments \r\n185. Chief Officer, other officers and servants of local governments \r\n186. Security of tenure for the Chief Officer and other officers \r\n187. Punjab Local Government Service \r\n188. Service cadre for servants of the local governments \r\n189. Continuation of the Punjab Local Government Board \r\n190. Composition of the Board \r\n191. Functions of the Board and method for conduct of business \r\nPART 12 \r\nADJUDICATION \r\nChapter - XXXIII \r\nAppeals \r\n192. Appeal against orders of local governments \r\nChapter - XXXIV \r\nBar of Jurisdiction of Courts \r\n193. Jurisdiction of courts barred \r\n194. Indemnity of actions taken in good faith \r\nPART 13 \r\nMISCELLANEOUS \r\nChapter - XXXV \r\nMiscellaneous \r\n195. General powers of local governments, etc. \r\n196. Delegation of powers by the Government \r\n197. Delegation of Powers by the Head of local government \r\n198. All Heads of the local governments, Deputy Mayors, Vice Chairpersons, \r\nSpeakers, Councillors, officer and servants of the local governments to \r\nbe public servants \r\n199. Remuneration etc. for elected officials \r\n200. Training of functionaries of local governments \r\n201. Bar against employment of the elected officials in the local government \r\nChapter - XXXVI \r\nSubordinate legislation \r\n202. Rules \r\n203. Bye-laws \r\nPART - 14 \r\nREPEAL AND TRANSITION \r\nChapter - XXXVII \r\nRepeal and Savings \r\n \r\n \r\n204. Repeal and Savings \r\nChapter - XXXVIII \r\nTransitional Arrangements \r\n205. Interim authorities and continuation of public services \r\n206. Interim maintenance of offices and Authorities to be transferred to local \r\ngovernments under this Act \r\n207. Fiscal transfers and taxes etc. to continue \r\n208. Fiscal transfers and budget of the succeeding local governments for the \r\nfirst year in office \r\n209. Salaries and emoluments of officers and servants of the local \r\ngovernments during transition \r\nFIRST SCHEDULE \r\nSECOND SCHEDULE \r\nTHIRD SCHEDULE \r\nFOURTH SCHEDULE \r\nFIFTH SCHEDULE \r\nSIXTH SCHEDULE \r\nSEVENTH SCHEDULE \r\nEIGHTH SCHEDULE \r\nNINTH SCHEDULE \r\nTENTH SCHEDULE \r\n \r\n \r\nTEXT \r\n1\r\nPUNJAB LOCAL GOVERNMENT ACT 2022 \r\n(XXXIII of 2022) \r\n[16th November, 2022] \r\nAn \r\nAct \r\nto reconstitute local governments in the Punjab and consolidate laws relating to \r\npowers and functions of the local governments. \r\nIt is expedient to reconstitute the local governments and consolidate laws relating to \r\npowers and functions of local governments for establishing an effective elected local \r\ngovernment system for meaningful devolution of political, administrative and financial \r\nresponsibility and authority to the directly elected representatives of the local \r\ngovernments as envisaged under Article 140A of the Constitution to promote good \r\ngovernance, effective delivery of services and transparent decision mak ing through \r\ninstitutionalized participation of the people at local level; and to deal with ancillary \r\nmatters. \r\nPART 1 \r\nPRELIMINARY \r\nChapter - I \r\nIntroduction \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Local Government Act 2022. \r\n(2) This Act shall extend to whole of the Punjab except: \r\n(a) the areas notified as cantonments under the Cantonments Act, 1924 (II \r\nof 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), or \r\nsuch other areas under active possession and direct control of the \r\nArmed Forces of Pakistan that may be notified by the Government for \r\nthis purpose; and \r\n(b) the area exempted by the Government from any or all of the provisions \r\nof this Act through a notification in the official Gazette. \r\n(3) This Act shall come into force at once. \r\n2. Definitions.– (1) In this Act: \r\n(a) “administration” means administration of a local government other than \r\nUnion Council, comprising such officers of the prescribed services and \r\nservants of local government; and in case of Union Council, such \r\nofficials of Directorate General Local Government and Community \r\nDevelopment, as may be determined by the Secretary in the schedule \r\nof establishment of the respective local government; \r\n \r\n1This Act was passed by Provincial Assembly of the Punjab on 01 November 2022; and was deemed to have been assented to \r\nby the Governor of the Punjab in terms of Article 116(3) of the Constitution; and, was published in the Punjab Gazette \r\n(Extraordinary), dated: 16 November 2022, pp.2099-2189. \r\n2 \r\n \r\n \r\n(b) “Auditor General‟ means the Auditor General of Pakistan appointed \r\nunder Article 168 of the Constitution; \r\n(c) “Board” means the Punjab Local Government Board; \r\n(d) “budget” means the estimate of expected receipts and expenditure of a \r\nlocal government for a given financial year, and as the case may be, \r\nincludes the estimate of receipts and expenditure of constituent of fices, \r\nentities and agencies of that local government; \r\n(e) “building control” means implementation of a set of standards and \r\nregulatory framework established and enforced by a local government, \r\nfor the safety of a building and its surrounding environment; \r\n(f) “bye-laws” means bye-laws made by a local government under this Act \r\nor rules made thereunder; \r\n(g) “candidate” means a candidate for election under this Act; \r\n(h) “cantonment” means a place or places notified as cantonment under \r\nthe Cantonments Act, 1924 (II of 1924), or the Cantonments \r\nOrdinance, 2002 (CXXXVII of 2002); \r\n(i) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); \r\n(j) “census” means a population and housing census provisionally or \r\nfinally published under the General Statistics (Reorganization) Act, \r\n2011 (XIV of 2011), whichever is later; \r\n(k) “Chief Officer” means Head of the administration of the Metropolitan \r\nCorporation and District Council, including Officer in -charge of a \r\nMunicipal Unit. \r\n(l) “Collector” means a Revenue Officer appointed under section 7 of the \r\nPunjab Land Revenue Act, 1967 (XVII of 1967); \r\n(m) “Commission” means the Punjab Local Government Commission \r\nconstituted under this Act; \r\n(n) “committee” means a committee constituted under this Act; \r\n(o) “Community Council” means a Community Council constituted under \r\nthis Act; \r\n(p) “Constitution” means the Constitution of the Islamic Republic of \r\nPakistan. \r\n(q) “Council” means the Council comprising the Speaker and other \r\nCouncillors of a local government; \r\n(r) “Councillor” means a Councillor of the Council and includes a Speaker \r\nand a Councillor elected against a reserved seat; \r\n(s) “defunct local government” means a local government constituted \r\nunder any local government law existed prior to the commencement of \r\nthis Act; \r\n(t) “Department” means the Local Government and Community \r\nDevelopment Department of the Government; \r\n3 \r\n \r\n \r\n(u) “Directorate General” means the Directorate General Local \r\nGovernment and Community Development; \r\n(v) “Directorate General (Inspections & Monitoring)” means the Directorate \r\nGeneral of Inspections & Monitoring of the Board; \r\n(w) \"disabled person\" means the same as defined under the Disabled \r\nPersons (Employment and Rehabilitation) Ordinance, 1981 (XL of \r\n1981) or any other law on this subject for the time being in force; \r\n(x) “district” means a District notified under the Punjab Land Revenue Act, \r\n1967 (XVII of 1967); \r\n(y) “District Council” means a District Council constituted under this Act; \r\n(z) “elected office” means the office of a local government against which a \r\nHead, Deputy Mayor, Vice Chairperson, Speaker or a Councillor is \r\nelected; \r\n(aa) “elected official” means a Head of local government, Deputy Mayor, \r\nVice Chairperson, Speaker, or a Councillor; \r\n(bb) “Elections Act” means the Elections Act, 2017 (XXXIII of 2017); \r\n(cc) “Election Commission” means the Election Commission of Pakistan \r\nestablished under Article 218 of the Constitution; \r\n(dd) “farmer” means a person who owns more than five acres of land; \r\n(ee) “Election Tribunal” means the E lection Tribunal constituted by the \r\nElection Commission to decide election petitions; \r\n(ff) “electoral group” means an Electoral Group enlisted under this Act; \r\n(gg) “electoral officer” means an officer appointed for election under this Act \r\nand includes a Presiding Officer, an Assistant Presiding Officer and a \r\nPolling Officer; \r\n(hh) “electoral roll” means an electoral roll prepared, revised or corrected \r\nunder the Elections Act; \r\n(ii) “electoral unit” means electoral unit constituted for an election un der \r\nthis Act; \r\n(jj) “Electronic Voting Machine (EVM)” means any device that is used by \r\nthe Election Commission for conduct of free and fair local government \r\nelections for voting purposes, other than Ballot Papers whether for \r\nvoting, counting of votes, transmitting the final results or recounting of \r\nthe votes purposes; \r\n(kk) “emergency” means circumstances imminently endangering public \r\nhealth, safety, life or significant or large scale harm to property \r\nrequiring an immediate action; \r\n(ll) “fee” means fee against spe cific services provided by a local \r\ngovernment and includes a regulatory fee for regulation of a business \r\nor activity; \r\n4 \r\n \r\n \r\n(mm) “Finance Commission” means the Punjab Local Government Finance \r\nCommission constituted under this Act; \r\n(nn) “financial year” means the year c ommencing on the first day of July \r\nand ending on the thirtieth day of June; \r\n(oo) “Government” means Government of the Punjab; \r\n(pp) “government agency” means a department, office, authority, body, \r\ncompany, or institution of the Government or the Federal Government; \r\n(qq) “Head’s Cabinet” means the Cabinet of the Head of a local government \r\nconstituted under this Act; \r\n(rr) “Head of local government” means: \r\n(i) Lord Mayor of Metropolitan Corporation Lahore; \r\n(ii) City Mayor of a Metropolitan Corporation other than Lahore; \r\n(iii) District Mayor of a District Council; and \r\n(iv) Chairperson of a Union Council; \r\n(ss) “High Court” means the Lahore High Court, Lahore; \r\n(tt) “House” means the elected Council of a local government; \r\n(uu) “joint authority” means a joint authority established under this Act; \r\n(vv) “land use” means the human use of land, to represent the economic \r\nand cultural activities e.g., agricultural, commercial, residential, \r\nindustrial, mining, and recreational use that are practiced at a given \r\nplace; \r\n(ww) “land use control” means exercise of power to restrict private and \r\npublic use of land and natural resources, to conform to master \r\nplanning; \r\n(xx) “land use plan” means a plan drawn up and approved by a local \r\ngovernment or any government agency competent to draw up and \r\napprove which provides the ac tual land use and proposed land use for \r\npermitted, permissible and prohibited development activities, both in \r\nthe planned areas and non -planned areas, within the local area of a \r\nlocal government; \r\n(yy) “local area” means the area comprising territorial jurisdic tion of a local \r\ngovernment demarcated or delimited under this Act; \r\n(zz) “local government” means a Metropolitan Corporation, a District \r\nCouncil, and a Union Council; \r\n(aaa) “master plan” means a dynamic long term planning and policy \r\ndocument that provides a conceptual lay out to guide future growth and \r\ndevelopment and includes analysis and evaluation of standards, \r\nproposals for population, economy, housing, transportation, community \r\nfacilities and land use; \r\n5 \r\n \r\n \r\n(bbb) “municipal unit” means a sub -office of a local gover nment \r\nadministration established for performance of its functions in an urban \r\narea; \r\n(ccc) “operating officer” means the operating officer of a joint authority \r\nappointed under this Act; \r\n(ddd) “Panchayat” means a panchayat constituted under this Act; \r\n(eee) “peasant” means a person who is a landless farm worker, or one who \r\nduring the period of five years preceding the year in which election is \r\nheld, has been the owner of not more than five acers of land and \r\ndepends directly on it for subsistence living; \r\n(fff) “Political Party” means a Political Party within the meanings of the \r\nElections Act; \r\n(ggg) “prescribed” means prescribed by rules made under this Act; \r\n(hhh) “prescribed service” means the Punjab Local Government Service, \r\nProvincial Management Service, or Pakistan Adm inistrative Service, \r\nwhether called by this or any other title; \r\n(iii) “Province” means Province of the Punjab; \r\n(jjj) “provincial allocable amount” means sums allocated out of the \r\nProvincial Consolidated Fund under this Act as a share for transfer to \r\na local government under this Act. \r\n(kkk) “Provincial Consolidated Fund” means the Provincial Consolidated \r\nFund within the meanings of Article 118 of the Constitution; \r\n(lll) “public service” means a service provided by a local government in \r\nrelation to its functions for the residents; \r\n(mmm) “recognized institution” means an educational institution \r\nrecognized by the Higher Education Commission established under the \r\nHigher Education Commission Ordinance, 2002 (LIII of 2002) or any \r\nother similar agency mandated for this purpose under any ot her \r\nrelevant law; \r\n(nnn) “rent” means whatever is lawfully payable in money or kind by a tenant \r\nor lessee on account of the occupation of any building or land or use of \r\nany machinery, equipment or vehicle; \r\n(ooo) “reserved seat” means a seat reserved for religious mino rities, women, \r\npeasants or workers, youth, disabled persons and traders or farmers; \r\n(ppp) “resident” means a person who ordinarily resides in the local area of a \r\nlocal government, and where relevant as regards the functions of a \r\njoint authority, includes persons from outside that area who regularly \r\nuse facilities or services provided by that joint authority; \r\n(qqq) “rules” means the rules made under this Act; \r\n(rrr) “Rural Union Council” means a Union Council delimited and constituted \r\nin the local area demarcated as rural are a under the Punjab Local \r\nGovernment Act, 2019 (XIII of 2019); \r\n6 \r\n \r\n \r\n(sss) “Schedule” means a Schedule appended to this Act; \r\n(ttt) “Secretary” means the Secretary as defined in the Punjab Government \r\nRules of Business, 2011, and where no suffix is mentioned therewith, it \r\nshall mean the Secretary in charge of the Local Government and \r\nCommunity Development Department of the Government; \r\n(uuu) “Secretary Union Council” means an official in -charge of the \r\nadministration of a Union Council; \r\n(vvv) “servant” means an employee of a local government; \r\n(www) “Speaker” means the Speaker of the Council, and in relation to the \r\nholding of a meeting of the Council in the absence of the Speaker, a \r\nCouncillor chosen by the Council to preside over the meeting of such \r\nsession; and in case of Union Council, it means the Vice Chairperson; \r\n(xxx) “standing instructions” means the standing instructions issued under \r\nthis Act; \r\n(yyy) “tehsil” means an area notified under the Punjab Land Revenue Act, \r\n1967 (XVII of 1967); \r\n(zzz) “trader” means a person who during the period of five years preceding \r\nthe year in which election is held, has been engaged in the business of \r\nbuying and selling of goods, commodities or services and primarily \r\ndepends upon it to earn his livelihood; \r\n(aaaa) “Union Council” means an urban Union Council or a rural Union \r\nCouncil delimited and constituted under this Act; \r\n(bbbb) “urban area” means an area demarcated and notified as urban under \r\nthe Punjab Local Government Act, 2019 (XIII of 2019); \r\n(cccc) “Urban Union Council” means a Union Council delimited and \r\nconstituted in the local area demarcat ed as urban area under the \r\nPunjab Local Government Act, 2019 (XIII of 2019); \r\n(dddd) “worker” means a person who primarily depends upon personal labour \r\nfor subsistence, or a worker as defined in the “Punjab Industrial \r\nRelations Act 2010 (XIX of 2010), and in both cases, has maintained \r\nsuch status for last five years preceding the year in w hich election is \r\nheld; and \r\n(eeee) “youth” means a person who is not less than eighteen years of age and \r\nnot more than thirty two years of age on the last date fixed for filing of \r\nnomination papers. \r\n(2) The words, terms or expressions used but not defined in this Act shall \r\nhave the same meaning as assigned in the Constitution or other applicable laws in \r\nforce. \r\nChapter - II \r\nSuccession of Local Governments \r\n3. Succession of the defunct local governments .– (1) Each local government \r\nshall succeed: \r\n7 \r\n \r\n \r\n(a) such property of a defunct local government located within the limits of \r\nits local area which, in view of the Secretary, is required by it for the \r\ndue discharge of any function under this Act; \r\n(b) such officers and servants of a defunct local government who, in the \r\nview of the Secretary, are required by it for the discharge of any \r\nfunction under this Act; and \r\n(c) such rights, fund s, claims or liabilities or portions thereof which, in the \r\nview of the Secretary, w ere respectively raised, made or accrued by a \r\ndefunct local government in relation to areas comprising its local area. \r\n(2) Subject to subsection (3), the Secretary shall, having regards to the \r\ncircumstances appertaining to each case, determine the share of a local government \r\nwhere: \r\n(a) any property of a defunct local government is required by two or more \r\nlocal governments for the discharge of a function under this Act; \r\n(b) any officer or servant of a defunct local government is required by two \r\nor more loc al governments for the discharge of a function under this \r\nAct; and \r\n(c) any fund, claim or liability or portion thereof which was respectively \r\nraised, made or accrued by a defunct local government in relation to \r\nareas comprising the local areas of two or more local governments. \r\n(3) No local government shall, unless otherwise provided by the Secretary, \r\nsucceed to any property, right, fund, claim or liability or portion thereof of a defunct \r\nlocal government which does not pertain to a function assigned to it under this Act: \r\n provided that all properties, rights, funds, claims and liabilities of a defunct \r\nlocal government which pertain to a function not assigned to any local government \r\nunder this Act shall be succeeded to by the Government. \r\n(4) The Secretary shall, by a general or special order, provide for the \r\nmanner of succession and discharge of liabilities, if any, of a defunct local \r\ngovernment. \r\n (5) The Secretary shall assign all properties, rights, funds, claims or \r\nliabilities among local governments under this section and all disputes relating to this \r\nmatter shall be referred to and decided by it and such decision shall be final. \r\nExplanation: For the purpose of this section, the term “property” shall include \r\nany land, building, office, work, facility, amenity, vehicle, equipment, plant, store or \r\napparatus. \r\nChapter - III \r\nOverriding Effect and Removal of Difficulties \r\n4. Act to override other laws.– The provisions of this Act shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n5. Removal of difficulties. – The Chief Minister may, by order not inconsistent \r\nwith the object of this Act, provide for the removal of any difficulty which may arise in \r\ngiving effect to the provisions of this Act. \r\n8 \r\n \r\n \r\n6. Certain matters to be prescribed. – Wherever this Act requires anything to \r\nbe done but does not make any provision or sufficient provision as to the authority by \r\nwhom it shall be done, or the manner in which it shall be done, then it shall be done \r\nby such authority and in such manner, as may be prescribed. \r\nPART 2 \r\nCONSTITUTION AND FUNCTIONING OF LOCAL GOVERNMENTS \r\nChapter - IV \r\nDemarcation, Classification, Delimitation, Constitution \r\nof Local Governments and Review of Local Areas \r\n7. Demarcation, constitution and classification of Metropolitan Corporation \r\nand District Council.– (1) The urban and rural areas demarcated and notified under \r\nPunjab Local Government Act, 2019 (XIII of 2019) shall be deemed to have been \r\ndemarcated and notified, unless altered under this Act, for constitution of the local \r\nareas of the following local governments and in the manner given below: \r\n(a) a Metropolitan Corporation as follows: \r\n(i) all areas comprising district Lahore as Metropolitan Corporation \r\nLahore; and \r\n(ii) Largest urban area in the districts of Sialkot, Gujrat, \r\nBahawalpur, Dera Ghazi Khan, Faisalabad Gujranwala, Multan, \r\nRawalpindi, Sahiwal and Sargodha, as the Metropolitan \r\nCorporation of the respective local area; and \r\n(b) a District Council as follows: \r\n(i) area of District of Sialkot, Gujrat, Bahawalpur, Dera Ghazi Khan, \r\nFaisalabad, Gujranwala, Multan, Rawalpindi, Sahiwal and \r\nSargodha, excluding the local area of Metropolitan Corporation \r\nin that district; and \r\n(ii) whole area of a district except the districts of Lahore, Sialkot, \r\nGujrat, Bahawalpur, Dera Ghazi K han, Faisalabad Gujranwala, \r\nMultan, Rawalpindi, Sahiwal and Sargodha. \r\n(2) Each local area shall constitute territorial jurisdiction of the respective \r\nlocal government. \r\n8. Notification of local areas of Metropolitan Corporations and District \r\nCouncils. Subject to section 7, the Deputy Commissioner shall issue fresh \r\nnotifications of demarcation of local areas of Metropolitan Corporations and District \r\nCouncils mentioning therein urban and rural areas and population of each census \r\nblock as per latest census results. \r\n9. Review of local areas of Metropolitan Corporations and District \r\nCouncils. The Government may, through a notification in official gazette, increase \r\nor decrease the limit of the local areas of Metropolitan Corporations and District \r\nCouncils. \r\n Provided that any change in the limit of the local areas shall be effective from \r\nthe next elections of such local governments. \r\n9 \r\n \r\n \r\n10. Delimitation of Union Councils by the Election Commission .– (1) The \r\nElection Commission shall delimit the Union Councils under the Elections Act in the \r\nprescribed manner. \r\n (2) The local areas of Union Councils shall be identified with a specific \r\nnumber given by Election Commission and name which may be assigned by the \r\nGovernment. \r\n (3) The Election Commission shall delimit th e urban area in a district \r\nconstituting the Metropolitan Corporation, defunct Municipal Corporation, defunct \r\nMunicipal Committee, defunct Town Committee demarcated and constituted under \r\nthe Punjab Local Government Act, 2019 (XIII of 2019) into urban Union Councils, \r\nwith an average population of twenty-five thousand. \r\n (4) Subject to subsection (3), the Election Commission shall delimit rural \r\narea in a District Council into rural Union Councils, with an average pop ulation of \r\ntwenty-five thousand. \r\n (5) Government may through a notification in official gazette, declare a \r\nrural Union Council having urban characteristics as Urban Union Council on the \r\nrecommendation of Deputy Commissioner concerned. \r\n (6) Government may through a notification in official gaze tte, declare an \r\nurban Union Council as rural Union Council, if the local area has no urban \r\ncharacteristics, on the recommendation of Deputy Commissioner concerned: \r\n Provided that any change under sub -section (5) and (6) shall be effective \r\nfrom the next elections of such local governments. \r\n11. Principles of delimitation of Union Councils.– (1) A variation in the limit of \r\npopulation of local areas shall be permissible up to ten percent, in order to avoid \r\nsplitting of census blocks. \r\n(2) For delimitation of the local areas of Union Councils, it shall be ensured \r\nthat: \r\n(a) population of local area of each Union Councils shall be uniform, as far \r\nas possible, as per the latest census; \r\n(b) the local area shall be a territorial unit; \r\n(c) the boundaries of a rural Union Council shall not cross the limits of the \r\nrespective tehsil in a district; and \r\n(d) the boundaries of urban Union Council shall not cross the limits of the \r\nrespective Metropolitan Corporation, defunct Municipal Corporation or \r\nMunicipal Committee or Town Commit tee constituted under the Punjab \r\nLocal Government Act, 2019 (XIII of 2019), as the case may be. \r\n12. Coordination with Election Commission for delimitation. – (1) The Deputy \r\nCommissioners shall coordinate and facilitate the Election Commission in whole \r\nprocess of delimitation and provide required details about the local area of each local \r\ngovernment demarcated under section 7 in identifying the distribution of population \r\nin geographically compact areas, physical features, existing boundaries of \r\nadministrative units, facilities of communication and public convenience and other \r\ncognate factors to ensure homogeneity in the delimitation of Union Councils. \r\n10 \r\n \r\n \r\n(2) The Deputy Commissioner shall provide to the Election Commission all \r\nnotifications of local areas sh owing notified population along with their census block \r\ncodes and copies of authenticated maps of local governments showing the clear \r\nboundaries. \r\n(3) The Government may, by notification in the official Gazette, specify the \r\nname by which a Union Council shall be known and unless the name of a Union \r\nCouncil is so specified, it shall be known as the Union Council of the place where its \r\noffice is situated. \r\nChapter - V \r\nComposition and Structure of Local Governments \r\n13. Local government structure .– (1) A local government of a Metropolitan \r\nCorporation and a District Council shall consist of: \r\n(a) Head of a local government; \r\n(b) two Deputy Mayors in Metropolitan Corporations; \r\n(c) one Deputy Mayor of each Tehsil in each District Council; \r\n(d) a nominated Head’s cabinet comprising of such Councillors and \r\ntechnocrats as provided in section 14 of this Act except for a Union \r\nCouncil; \r\n(e) a Council comprising of such number and description of Councillors, \r\nincluding the Speaker, as is given in First Schedule of this Act; and \r\n(f) an administration comprising of officers and servants in a local \r\ngovernment. \r\n(2) The Secretary with the approval of Minister, may establish one or more \r\nmunicipal units in a local government for performance of its functions. \r\n(3) The local governments of Union Councils shall consist of: \r\n(a) Chairperson and Vice Chairperson; \r\n(b) five Councillors elected on general seats; \r\n(c) one seat reserved for workers in a n urban Union Council or for \r\npeasants in a rural Union Council; \r\n(d) one seat reserved for religious minorities; \r\n(e) two seats reserved for women; \r\n(f) one seat reserved for youth; and \r\n(g) an administration comprising a Secretary Union Council and the \r\nmembers of ancillary staff, as may be determined by the Secretary; \r\nprovided that in case there is no candidate in an electoral unit to \r\ncontest election against the seat reserved for religious m inority, such seat \r\nshall be deemed to be an additional seat reserved for worker or peasant, as \r\nthe case may be. \r\n(4) The Vice-Chairperson of a Union Council shall act as the Speaker of \r\nthe Council. \r\n11 \r\n \r\n \r\n(5) Every local government, so constituted, shall be a body corporate \r\nhaving perpetual succession and a common seal, and subject to the provisions of \r\nthis Act, shall have power to acquire, hold and transfer property, both movable and \r\nimmovable, to contract and to do all other things necessary for the purposes of its \r\nconstitution; and shall by its name sue and be sued. \r\n14. Head’s Cabinet.– (1) There shall be a Head’s Cabinet of a local government, \r\nexcept Union Councils, to aid and advise the Head in exercise o f his functions, to be \r\nappointed by the head, not later than forty five days from taking of his oath: \r\nprovided that the Cabinet Members shall hold the office during the pleasure of \r\nthe Head: \r\nprovided further that with the removal of the Head or on expiry of his term, the \r\nHead’s Cabinet shall also be dissolved forthwith. \r\n(2) The Head’s Cabinet, for local governments shall comprise of such \r\nnumber of Councillors and Technocrats nominated by the Head of a local \r\ngovernment, as mentioned in the Second Schedule. \r\n(3) No person shall be appointed as a Technocrat in the Head’s Cabinet, \r\nunless he is a technocrat holding a degree requiring conclusion of at least sixteen \r\nyears of education, recognized by the Higher Education Commission and has a \r\nprofessional experience of not less than five years in public or municipal \r\nadministration, public finance, law, education, public health, Commerce and Industry, \r\nInformation Technology, Mass Communication or any other area relating to functions \r\nof the local government: \r\nprovided that no person shall be appointed as a Technocrat member of the \r\nHead’s Cabinet, unless he is otherwise eligible to be a candidate for the office of \r\nHead of a local government, Speaker or Councillor. \r\n(4) Before entering upon office, a Head’s Cabinet member shall make \r\nbefore the Head of the local government, oath in the form set out in the Fourth \r\nSchedule. \r\n(5) The Head’s Cabinet shall be responsible to the Head of the local \r\ngovernment. \r\n(6) A Head’s Cabinet member may, by writing under his hand addressed \r\nto the Head of the local government, resign his office. \r\nChapter - VI \r\nAuthority of Local Governments \r\n15. Local governments to work within the Provincial framework .– (1) Every \r\nlocal government shall function within the framework of the Province and adhere to \r\nall applicable federal and provincial laws. \r\n(2) No local government shall do anything or act in a manner that impedes \r\nor is otherwise prejudicial to the exercise of executive authority of the Government. \r\n16. General authority and responsibility of a local government .– (1) Subject \r\nto and to the extent given under this Act, every local government shall have the \r\nauthority to run the affairs of respective local area without interference. \r\n12 \r\n \r\n \r\n(2) A local government shall, having regard to the practical considerations: \r\n(a) exercise its authority and incur ex penditure in the best interests of the \r\nresidents without any favour or prejudice in a democratic and \r\naccountable manner; \r\n(b) involve residents in running its affairs and from time to time consult \r\nthem on the level, quality, range and impact of services; and \r\n(c) give equitable access to services. \r\n17. Extent of authority of local governments .– (1) The authority of every local \r\ngovernment shall be limited to the discharge of functions assigned to it under this Act \r\nor any other law for the time being in force. \r\n(2) Subject to the provisions of this Act, the authority of a local government \r\nshall extend to doing of all acts that are necessary for the due discharge of its \r\nfunctions or acts that are likely to facilitat e or are conducive or incidental to the \r\ndischarge of its functions under this Act or any other law for the time being in force. \r\n18. Assignment of additional responsibilities by Government .– Nothing in \r\nthis Act shall prevent the Government from assigning a ny function to a local \r\ngovernment which is not included in its power and functions. \r\n19. Manner of exercise of authority by a local government .– (1) Subject to the \r\nprovisions of this Act, the executive authority of a local government shall vest in and \r\nbe exercised by its Head in accordance with this Act. \r\n(2) A Deputy Mayor or a Vice Chairperson shall generally exercise such \r\npowers and perform such functions as may be delegated by the Head of the local \r\ngovernment. \r\n(3) In case of temporary absence of the Hea d of a local government, the \r\nDeputy Mayor or the Vice Chairperson nominated by the Head shall deputize his \r\noffice. \r\n(4) The Head of a local government may, direct, guide or supervise officer \r\nor servant of a local government. \r\n(5) The Council and its comm ittees and sub -committees shall act through \r\nresolutions in accordance with the provisions of this Act. \r\n20. All acts and orders to be taken or made in the name of local \r\ngovernment.– All acts and orders of a local government shall be expressed to be \r\ntaken or made in its name. \r\nChapter - VII \r\nFunctions of Local Governments \r\n21. Functions and powers of Metropolitan Corporation and District \r\nCouncil.– (1) A Metropolitan Corporation and a District Council shall: \r\n(a) implement the provisions of this Act, rules and bye-laws; \r\n(b) exercise control over land -use including land -subdivision, land \r\ndevelopment and zoning by public and private sectors for any purpose, \r\n13 \r\n \r\n \r\nincluding for agriculture, housing, industry, commerce markets, \r\nshopping and other employment centers, residential, recreation, parks, \r\nentertainment etc., as per the approved Master Plan; \r\n(c) subject to any other special law relating to preparation and approv al of \r\nRegional, Master and land use plan for the time being in force; approve \r\nspatial plans, zoning, land use plans, including classification and \r\nreclassification of land, as per the approved Master Plan; \r\n(d) enforce building control as may be prescribed; \r\n(e) undertake urban design and urban renewal programmes; \r\n(f) approve development schemes for beautification of urban areas; \r\n(g) prepare, approve, execute and manage development plans; \r\n(h) regulate development and management of site development and \r\nhousing schemes; \r\n(i) manage properties, assets and funds vested in the local government; \r\n(j) lease and rent out properties owned or otherwise vested in, managed \r\nor maintained by the local governments; \r\n(k) undertake landscape, parks, monuments and municipal ornamentation; \r\n(l) prepare and approve budget, revised budget and annual and long term \r\nmunicipal development programmes; \r\n(m) approve taxes and fees etc.; \r\n(n) collect approved taxes, fees, rates, rents, tolls, charges, fines and \r\npenalties; \r\n(o) prepare and approve proposals for construction of express ways, fly-\r\novers, bridges, roads, under passes owned by or vested in local \r\ngovernments; \r\n(p) regulate affixing of sign -boards and advertisements except where this \r\nfunction is being performed by the Park and Horticulture Authority; \r\n(q) naming and renaming of roads, streets and public places vested in, \r\nmanaged or maintained by the local governments; \r\n(r) develop integrated system of water reservoirs, water sources, water \r\nsupply and treatment plants, drainage including storm water drainage, \r\nliquid and solid waste collection, disposal and treatment including \r\nlandfill site and recycling plants, sanitation and other municipal \r\nservices; \r\n(s) provide, develop, manage, operate, maintain and improve the \r\nmunicipal infrastructure and services, including – \r\n(i) roads and streets; \r\n(ii) traffic planning, engineering and management including traffic \r\nsignaling systems, signs on roads, street markings, parking \r\nplaces, transport stations, stops, stands and terminals; \r\n14 \r\n \r\n \r\n(iii) street lighting; and \r\n(iv) playgrounds, open spaces, graveyards and arboriculture. \r\n(t) maintain municipal records and archives; \r\n(u) maintain a comprehensive data base and information system and \r\nprovide public access to it on nominal charges; \r\n(v) regulate and organize sports, cultural, traditional and recreational \r\nevents, fairs and shows; \r\n(w) undertake adaptive reuse strategies to restore, preserve and undertake \r\nheritage and historical assets through agency arrangement, in the local \r\narea; \r\n(x) establish and manage municipal libraries; \r\n(y) promote school sports and traditional local sports; \r\n(z) ensure environmental protection; \r\n(aa) encourage tree afforestation and plantation at local level; \r\n(bb) provide assistance through grants to registered and credible \r\nGovernment and Non-Government Organizations for provision of public \r\nservice; \r\n(cc) regulate and establish street markets in the manner prescribed; \r\n(dd) undertake steps to implement population control policy of Government; \r\n(ee) regulate private markets and establish and maintain public markets; \r\n(ff) regulate, establish and maintain cattle and other animal markets and \r\nslaughter houses; \r\n(gg) regulate sale of cattle; \r\n(hh) enforce all municipal laws, rules and bye-laws governing its functioning: \r\n(ii) authorize an officer or officers to issue notice to a person committing \r\nany municipal offence and initiate legal proceedings for continuance of \r\ncommission of such offence or for failure to comply with the directions \r\ncontained in such notice; \r\n(jj) sue, prosecute and defend court cases; \r\n(kk) assist relevant authorities in disaster management and relief activities; \r\n(ll) provide relief for the widows, orphans, poor, trans ge nders and other \r\npersons in distress, and children and persons with disabilities; \r\n(mm) make arrangements for enhancement of the care of disabled persons, \r\npaupers, aged, sick, persons of unsound mind, abandoned minors, \r\njuvenile delinquents, drug addicts, victims of child abuse, needy and \r\ndisadvantaged persons; and \r\n(nn) exercise administrative, operational and management control of the \r\ndevolved district level offices of the Government departments as may \r\nbe notified by the Government. \r\n15 \r\n \r\n \r\n(2) A Metropolitan Corporation and a District Council may: \r\n(a) entrust any of its functions to a person, any public -private, public \r\nor private organization, authority, agency or company through a \r\ncontractual arrangement, on such terms and conditions as may \r\nbe prescribed: \r\nprovided that res ponsibility for discharge of such \r\nfunctions shall continue to vest with such local government; \r\n(b) on such terms and conditions as are mutually agreed, transfer \r\nits functions or responsibilities with regard to providing municipal \r\nservices to the Union Council falling within its local area: \r\n provided that no function or responsibility shall be \r\ntransferred without allocation of corresponding resources and \r\nfunds: \r\n provided further that the responsibility to regulate and \r\nmonitor such functions and servic es shall remain with the \r\ntransferring local government; \r\n(c) perform such other functions as may be assigned or entrusted to \r\nit by the Government; \r\n(d) by an agreement and on such terms and conditions as may be \r\nmutually agreed, perform any function of the Government; \r\n(e) with funds raised through voluntary contributions or external \r\ngrant, undertake any development project; \r\n(f) with the approval of the Government and concerned regulatory \r\nauthorities of the Federal Government and the Government, set -\r\nup, acquire, manage and operate any commercial activity on a \r\nself-financing basis; and \r\n(g) setup a corporate body to perform any of its functions, singly or \r\njointly with other public or private bodies: \r\n provided that responsibility for discharge of such \r\nfunctions shall continue to vest with the local government. \r\n(3) The Metropolitan Corporation and a District Council may also: \r\n(a) review public service delivery of departments including Police \r\nand Revenue Administration; and \r\n(b) seek written response and clarification from district Head of such \r\ndepartments on queries of the local government regarding their \r\nperformance, functions and operations: \r\nprovided that in case of unsatisfactory response, Head of a local government \r\nmay send a reference to the Chief Minister for resolution of the matter. \r\n22. Functions and powers of Union Council.– (1) The functions and powers of \r\nUnion Council shall be to: \r\n(a) approve its budget; \r\n16 \r\n \r\n \r\n(b) approve the levy of tax and fee etc; \r\n(c) collect approved taxes, fees, rates, rents, tolls, charges, fines and \r\npenalties; \r\n(d) enforce this Act, rules and bye-laws regulating its functioning; \r\n(e) nominate members of the Community Councils in its respective urban \r\narea and monitor their performance; \r\n(f) nominate members of the Panchayats within its respective rural area \r\nand monitor their performance; \r\n(g) mobilize the community: \r\n(i) for maintenance of public ways, public streets, street lights, \r\nculverts, bridges, public buildings and local drains; \r\n(ii) for plantation of trees, landscaping and beautification of public \r\nplaces; \r\n(iii) for prevention and removal of encroachments on public ways, \r\nstreets and places; \r\n(h) provide and maintain public sources of drinking water, such as wells, \r\nwater pumps, tanks and ponds, and open drains; \r\n(i) coordinate with the community organizations for proper maintenance of \r\nwater supply schemes, sewerage, waste collection and removal; \r\n(j) manage and maintain grazing areas, common meeting places and \r\nother common property; \r\n(k) hold local fairs and recreational activities; \r\n(l) registration of births, deaths, marriages and divorces; \r\n(m) promote local, school and traditional sports; \r\n(n) take other measures likely to promote the welfare, health, safety, \r\ncomfort or convenience of the inhabitants of its local area; \r\n(o) identify deficiencies in delivery of public services and make \r\nrecommendations for improvement of services; \r\n(p) execute small scale development works relating to its functions; \r\n(q) report illegal excavation of earth, sand, stones or other material to the \r\nrelevant authorities; \r\n(r) celebration of public festivals; \r\n(s) assist the relevant authorities in disaster management and relief \r\nactivities; \r\n(t) manage properties, assets and funds vested in it; and \r\n(u) maintain such statistics and data as may be specified and disseminate \r\ninformation on matters of public interest; and \r\n17 \r\n \r\n \r\n(2) A Union Council may perform any other function entrusted to it by the \r\nGovernment or its respective upper level local government, in whose local area the \r\nUnion Council is situated. \r\nChapter – VIII \r\nAdditional functions in relation to the Authorities, etc. \r\n23. Functions and powers in relation to the Authorities, Agencies and \r\nCompanies in the Metropolitan Corporations.– (1) Notwithstanding anything to \r\nthe contrary contained in this Act or any other law for the time being in force, the \r\nfollowing companies, au thorities and agencies providing municipal services and \r\nfacilities in Metropolitan Corporations, shall stand entrusted to the respective \r\nMetropolitan Corporation: \r\n(i) Parks and Horticulture Authorities; \r\n(ii) Development Authorities; \r\n(iii) Water and Sanitation Agencies; \r\n(iv) Traffic Engineering and Planning Agency; and \r\n(v) Waste Management Companies. \r\n(2) Subject to any specific direction and policy of the Government, the \r\nMetropolitan Corporation shall perform the following functions and powers in respect \r\nof the companies, authorities and agencies: \r\n(a) administrative and financial control; and \r\n(b) approval of policies, taxes, fees etc. \r\n(3) The Head of the respective Metropolitan Corporation or his nominated \r\nDeputy Mayor or a n elected member of the Head’s Cabinet shall be the ex -officio \r\nchairperson of the respective Authority, company or agency. \r\n (4) A Development Authority shall, in discharge of its regulatory functions, \r\nwhere required by the local government due to its inability to act because of lack of \r\nresources or capacity, act as an agency in aid and support of such local government. \r\n(5) Where a Development Authority intends to perform functions assigned \r\nto it under the law but such functions are assigned to the local government under the \r\nAct, the Development Authority shall per form such functions after consultation and \r\nwith the consent of the concerned local government on such terms and conditions as \r\nmay be determined by the concerned local government. \r\n(6) No Development Authority shall extend or curtail the boundaries of its \r\nexisting controlled area without the consent of the concerned local government. \r\n(7) Where in the performance of the functions under subsections (5) and \r\n(6), the issue needs further guidance and direction, it shall be referred to the \r\nCommission for final decision. \r\nChapter – IX \r\nDistrict Local Government Authorities for the Devolved District Level Offices \r\n24. Exercise of functions and powers in relation to the devolved district \r\nlevel offices of the Government Departments .– (1) Notwithstanding anything to \r\n18 \r\n \r\n \r\nthe contrary contained in any other law for the time being in force, subject to the \r\nprovisions of subsection (2), the following district level offices of the Government \r\ndepartments, shall stand devolved on the local governments: \r\n(a) Health (Primary and Secondary); \r\n(b) Education (School Education); \r\n(c) Social Welfare; \r\n(d) Population Welfare; and \r\n(e) Sports. \r\n(f) Civil Defence \r\n(2) The Government may, through a notification published in the official \r\nGazette, devolve any other district level office of a Government Department or de-\r\nnotify any such district level office. \r\n(3) The devolved offices shall be administered, operated and managed at \r\nthe district level, through the respective District Authority established under this Act. \r\n(4) The respective District Authority shall exercise such authority within the \r\ndistrict in accordance with the general policy of the Government. \r\n25. District Authorities.– For each devolved district level office of a Government \r\nDepartment, a separate District Authority shall be established by the Government in \r\neach district through a notification published in official Gazette, as follows: \r\n(i) A District Health Authority for the devolved function of district level \r\noffice of Primary and Secondary Healthcare Department; \r\n(ii) District Education Authority for the devolved function of district level \r\noffices of School Education Department and Literacy and Non -Formal \r\nBasic Education Department; \r\n(iii) District Social Welfare Authority for the devolved function of district \r\nlevel office of Social Welfare Department; \r\n(iv) District Population Control Authority for the devolved function of district \r\nlevel office of Population Welfare Department; \r\n(v) District Sports and Recreation Authority for the devolved function of \r\ndistrict level office of Sports Department; \r\n(vi) District Civil Defence Authority for the devolved function of district level \r\noffice of Civil Defence; and \r\n(vii) Any other District Authority established by the Government, for each \r\ndistrict level office of a Government Department, which is notified to \r\nhave been devolved on the local governments. \r\n26. Composition and management of the District Authorities .– (1) The \r\nadministration, operation and management of the respective District Authority shall \r\nvest in its Executive Board, comprising: \r\n(a) the Lord Mayor of Lahore Metropolitan Corporation as the Chairperson \r\nof all the District Authorities in the District and his nomin ated Deputy \r\n19 \r\n \r\n \r\nMayor or one of the elected Member of the Head’s Cabinet or the \r\nCouncil as the Vice Chairperson of a District Authority, in Lahore \r\ndistrict: \r\nprovided that a Vice Chairperson of a District Authority in Lahore \r\ndistrict shall not hold the office of Vice Chairperson of more than one \r\nDistrict Authority; \r\n(b) the District Mayor of a district as the Chairperson of all the District \r\nAuthorities in the District and his nominated Deputy Mayor or one of \r\nthe elected Members of the Head’s Cabinet or the Council as the Vice \r\nChairperson of a District Authority, except districts of Sialkot, Gujrat, \r\nBahawalpur, Dera Ghazi Khan, Faisalabad Gujranwala, Multan, \r\nRawalpindi, Sahiwal and Sargodha: \r\nprovided that a Vice Chairperson of a District Authority shall not \r\nhold office of Vice Chairperson of more than one District Authority; \r\n(c) the District Mayor of a District Council and City Mayor of Metropolitan \r\nCorporation, as the Chairperson and Vice Chairperson respectively in \r\nthe districts of Sialkot, Gujrat, Bahawalpur, Dera Ghazi Khan, \r\nFaisalabad, Gujranwala, Multan, Rawalpindi, Sahiwal and Sargodha ; \r\n(d) Deputy Commissioner of the concerned District or his nominee not \r\nbelow BS-18 as member; \r\n(e) Chief Executive Officer of the Distric t Authority as member and \r\nSecretary of the Executive Board; \r\n(f) Director or Deputy Director of the Directorate General as member; \r\n(g) a representative of the Commissioner of the Division concerned not \r\nbelow BS-18 as member; \r\n(h) two experts as members including one wom an having qualification and \r\nexperience as given in subsection (3) of section 14 of this Act to be \r\nnominated by the Chairperson of the Authority; and \r\n(i) District Attorney of the concerned district as member. \r\n(2) The District Authority shall be responsible for management and \r\nsupervision of the respective devolved office and its public service delivery. \r\n(3) The District Authority shall be a body corporate having perpetual \r\nsuccession and 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(4) The Departmental District Head of each devolved d istrict level office of \r\nthe respective Government Department shall be the ex -officio Chief Executive \r\nOfficer of the Authority. \r\n(5) The Chief Executive Officer shall be the Principal Accounting Officer of \r\nthe Authority and shall perform such functions as are mentioned in this Act or as may \r\nbe prescribed or as may be delegated by the District Authority or as the Government \r\nmay assign. \r\n(6) The District Office of each devolved district level office of the respective \r\nGovernment Department shall be the secretariat of the respective District Authority. \r\n20 \r\n \r\n \r\n(7) The Authority shall receive its funds from Provincial Budget, directly \r\nfrom Finance Department. \r\n27. Performance of functions by the District Authorities .– (1) The respective \r\nDistrict Authority shall perform all the functions of the district level office of the \r\nrespective Government Departments devolved on the local government to carry out \r\npurposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npowers, a District Authority shall: \r\n(a) establish, manage and supervise all the facilities and institutions of the \r\nrespective devolved office; \r\n(b) approve the budget of the Authority and allocate funds to the \r\ninstitutions under its administrative control; \r\n(c) provide stewardship, ownership and oversight of service delivery of the \r\ndevolved office within the policy framework given by the Government; \r\n(d) coordinate planning and allocate finances for provision of service \r\ndelivery at District level; \r\n(e) develop linkages between private and public sectors for enhancing \r\naccess and coverage of service facilities to the general public and \r\nimproving quality of these services; \r\n(f) coordinate emergency response during any natural calamity or \r\nemergency; \r\n(g) ensure human resource management and capacity development of \r\nservice delivery personnel under the policy framework given by the \r\nGovernment; \r\n(h) ensure performance based contracts with service delivery managers as \r\nper prescribed indicators; \r\n(i) monitor, exercise over sight and performance evaluation of service \r\ndelivery managers as per agreed performance indicators either directly \r\nor through a third party; \r\n(j) liaison with the Government for technical and logistic support in case of \r\nany emergency or disaster; \r\n(k) implement policies and directions of the Government including \r\nachievement of key performance indicators set by the Government for \r\nthe respective devolved function; \r\n(l) ensure implementation of minimum service delivery standards, \r\ninfrastructure standards, as prescribed by the Government; and \r\n(m) perform any other function as may be assigned by the Government. \r\n(3) In the performance of their functions, the District Authorities shall also \r\nbe bound and be guided by the policies and instructions issued, from time to time, by \r\nthe Government. \r\n21 \r\n \r\n \r\nChapter – X \r\nMode of Discharge of Functions by the local governments – Agency \r\nArrangement and Joint Authorities. \r\n28. Discharge of functions by local governments .– (1) Subject to subsection \r\n(2), a local government may discha rge its functions through one or more of the \r\nfollowing means: \r\n(a) an officer or servant of the local government; \r\n(b) a joint authority established under this Act; \r\n(c) another local government by mutual agreement; \r\n(d) an office, authority or agency owned or operated by the Government by \r\nmutual agreement; and \r\n(e) by otherwise contracting out. \r\n(2) No local government shall contract out any public service which \r\nconstitutes or involves the exercise of power to award administrative or other \r\npenalties, interferes with or otherwise affects the liberty of an individual, involves the \r\npower to enter, search or seize any property, or power or duty to enforce any law. \r\n29. Delegation of functions to Union Councils.– (1) A Metropolitan Corporation \r\nand a District Council may, b y a mutual agreement, delegate one or more of its \r\nfunctions or one or more public services relating to any such function, to a Union \r\nCouncil. \r\n(2) In the performance of a function or delivery of a public service \r\ndelegated under subsection (1), the Union Council, as the case may be, shall adhere \r\nto the general or specific directions of the local government delegating that function. \r\n30. Agency arrangements .– (1) A local government may, through a written \r\nagreement, make arrangements with any other local govern ment, or an office, \r\nAuthority, agency or company of the Government or the Federal Government, for \r\nperformance of any of its function. \r\n(2) The expenses incurred for carrying into effect the agreement under \r\nsubsection (1) shall be defrayed by the local gov ernment etc., for whom services are \r\nprovided. \r\n(3) In case of a disagreement on the amount of expenses or the actual \r\nvalue of expenses to be paid or received by a local government during a particular \r\nperiod, the expenses shall be paid and received in such amount and in such manner \r\nas may be determined by the Commission. \r\n(4) Every local government shall keep separate accounts for the purposes \r\nof this section in the prescribed manner: \r\nprovided that arrangements made under this Act shall not diminish, in a ny \r\nrespect, the responsibility of a local government with regards to the function or public \r\nservice. \r\n31. Establishment of joint authorities .– (1) Two or more local governments \r\nmay, in the prescribed manner, establish a joint authority for the provision o f one or \r\n22 \r\n \r\n \r\nmore of such public services which relate to a function assigned to them under this \r\nAct. \r\n(2) For the purpose to oversee the functions of the joint authority, the \r\nconstituting local governments may notify a joint Committee. \r\n32. Inter-agency coordination.– (1) A Deputy Commissioner shall, in relation to \r\nthe district under his charge: \r\n(a) establish coordination between the local governments and the \r\nProvincial or Federal agencies, in respect of matter which relates to or \r\naffects the work of one or more provincial or federal agencies in the \r\ndistrict; \r\n(b) establish coordination between one o r more local governments and a \r\ncantonment adjoining such local government, for cooperation in \r\nrespect of integrated services relating to provision of sanitation, water \r\nsupply, sewerage collection and disposal and similar other services; \r\n(c) advise local governments on avoiding duplication by prioritization of \r\nworks of similar nature being undertaken by the Government or one or \r\nmore local governments in the district; and \r\n(d) amicable settlement of disputes among Union Councils or a Union \r\nCouncil with other Government agencies in the district; and \r\n(d) convey Provincial or Federal Government initiative, direction or \r\nmeasure as principal representative of the Government under the \r\nPunjab Civil Administration Act, 2017 (Act III of 2017). \r\n(2) Every local government shall generally cooperate with the Deputy \r\nCommissioner in performance of his functions under this section. \r\n(3) Where an act of the Deputy Commissioner under subsection (1) is, in \r\nthe opinion of the Head of a local government, unfai r or unreasonable, he may make \r\na reference to the Secretary. \r\n(4) The Secretary may, after having considered the reference and the \r\nrelated circumstances, issue appropriate directions, to the Deputy Commissioner or \r\ntake such other action in respect of the matter as may, in his opinion, be just or \r\nexpedient having regards to the circumstances of the case. \r\nChapter - XI \r\nDuties of Certain Functionaries \r\n33. Duties and powers of a Head of the local government .– (1) In addition to \r\nany other duty assigned to him under this Act or any other law for the time being in \r\nforce, a Head of the local government shall be responsible for: \r\n(a) ensuring that the business of the local government is carried out strictly \r\nin accordance with this Act and all other relevant laws for the time \r\nbeing in force; \r\n(b) efficient, effective and transparent functioning of the local government; \r\n23 \r\n \r\n \r\n(c) accomplishment of operational, developmental and fiscal objectives set \r\nout by the Council or as the case may be by the Government; \r\n(d) presenting annual report on the performance of local government to the \r\nCouncil during each financial year; \r\n(e) representation of the local government at civic or ceremonial functions; \r\n(f) any other duty, as the Council may, by a general or special resolution \r\ndirect; \r\n(g) any other duty as may be assigned to him by the Government; and \r\n(h) general supervision and control over of ficers of the local government \r\nfor the above purposes. \r\n(2) At the end of each calendar year or at such other appointed interval, \r\nthe Head of the local government shall evaluate the work done and results obtained \r\nby the Chief Officer as against his duties and the manner in which he exercised his \r\npowers under this Act and submit a report to the House and in case of unsatisfactory \r\nperformance, House may send its recommendation to the Secretary for appropriate \r\naction. \r\n(3) A Head of the local government shall have the right to be present and \r\nparticipate in the proceedings of the House and exercise the right to address the \r\nHouse, its committees or a sub-committees, but he shall not vote. \r\n34. Duties and powers of a Speaker.– (1) In addition to any other duty assigned \r\nto him under this Act, a Speaker shall: \r\n(a) convene meetings of the Council as required under this Act; \r\n(b) preside over, and ensure orderly conduct of meetings of the Council at \r\nwhich he is present; \r\n(c) maintain record of meetings of the Council; and \r\n(d) constitute committees of the Council under this Act and oversee their \r\nworking. \r\n(2) A Speaker shall, in relation to the above duties, exercise such powers \r\nas are conferred upon him under this Act or any other law for the time being in force. \r\n(3) Without prejudice to the provisions of subsection (2), a Speaker may, in \r\nrelation to above duties, direct a Councillor to abstain from or withdraw immediately \r\nfrom a meeting, where in his opinion: \r\n(a) the attendance of meeting by that Councillor would constitute conflict of \r\ninterest under this Act; or \r\n(b) if the Councilor’s conduct, during the meeting, is grossly disorderly. \r\n35. Duties of a Councillor.– While acting under this Act, a Councillor shall: \r\n(a) serve the overall interest of the local area which he represents; and \r\n(b) ensure that there is no conflict, or possible conflict between his private \r\ninterest and honest performance of his role of serving public interest. \r\n24 \r\n \r\n \r\n36. Duties and powers of Chief Officer.– (1) In addition to any other duty \r\nassigned to him under this Act or any other law for the time being in force, a Chief \r\nOfficer shall: \r\n(a) work as the principal accounting officer of the local government; \r\n(b) assist and advise the Head of a local government, Speaker, \r\ncommittees and sub -committees of the Council in proper discharge of \r\ntheir duties under this Act; \r\n(c) ensure timely, effective and efficient implementation of local \r\ngovernment policy and decisions; \r\n(d) supervise and control officers and servants of the local government \r\nand coordinate and synergize the work of all offices of the local \r\ngovernment; \r\n(e) maintain financial and administrative discipline and ensure that the \r\nbusiness of the local gover nment is carried out strictly in accordance \r\nwith the provisions of this Act and other laws for the time being in force; \r\n(f) enter into and manage all contracts on behalf of a local government, \r\nwith the approval of the Head of a local government; \r\n(g) undertake all procurements on behalf of a local government; \r\n(h) maintain records pertaining to the functions of a local government; \r\n(i) act for and on behalf of a local government, in every action or other \r\nlegal proceedings whether instituted by or again st the local \r\ngovernment; \r\n(j) assist relevant authorities in the circumstances of emergency; and \r\n(k) perform such other duties as are assigned to him by the Government, \r\nSecretary, Head of a local government, Council or a committee or sub -\r\ncommittee of the Council. \r\n(2) A Chief Officer shall, in relation to the above duties, exercise: \r\n(a) such powers as are conferred upon him under this Act or any other law \r\nfor the time being in force; \r\n(b) such powers of the local government as are delegated upon him by the \r\nCouncil through a resolution; and \r\n(c) such powers of the Head of the local government as are delegated \r\nupon him by the Head of the local government. \r\n37. Attendance of Council meetings by Chief Officer .– The Chief Officer shall, \r\nwhen required by the Speaker, attend a meeting of the Council or a committee or \r\nsub-committee of the Council and render such advice or provide such assistance as \r\nmay reasonably be required of him. \r\n38. Personal responsibility for acts done and expenditure incurred without \r\nlawful authority .– Every person exercising any authority for the purposes of this \r\nAct, shall be personally responsible for: \r\n25 \r\n \r\n \r\n(a) any act done by him personally or done under his direction; or any loss, \r\nfinancial or otherwise, suffered by a local government due to a decision \r\nmade by him personally or under his direction; \r\n(b) any expenditure incurred by him personally or incurred under his \r\ndirection, if such action, direction, or decision is taken or expenditure is \r\nincurred, without lawful authority or in vi olation of any provision of this \r\nAct or any other law for the time being in force. \r\nChapter - XII \r\nConduct of Business \r\n39. Conduct of business .– (1) The business of a local government shall be \r\nconducted in the prescribed manner. \r\n(2) Any proceedings or decision of a local government shall not be invalid \r\nmerely because of a vacancy or defect in the membership of the local government. \r\n(3) A local government may appoint committees consisting of such number \r\nof its members and other perso ns to perform such functions and in such manner as \r\nmay be prescribed. \r\n(4) One half of the existing membership of the House shall constitute \r\nquorum for a meeting and a decision shall be taken by the majority of the votes of \r\nthe members. \r\n40. Meetings of the House.– (1) A local government shall, within three months of \r\nthe assumption of office, frame bye-laws for the conduct of its meetings. \r\n(2) A meeting of a local government shall be presided over by its Speaker. \r\n(3) A local government shall hold at least one meeting during a month. \r\n(4) A meeting of a local government shall be open to general public, \r\nexcept when a local government, by simple majority, decides to consider any matter \r\nin a session attended exclusively by its Councillors, officers and officials. \r\n(5) The Chief Officer or an officer authorised by him shall record minutes \r\nof every meeting of the House and submit the same to the person who presided the \r\nmeeting for approval. \r\n(6) The Chief Officer shall, after approval, issue the minutes of a meeting \r\nunder his signatures. \r\n(7) The Speaker may, grant observer status to teachers, physic ally \r\ndisadvantaged persons, or any other category of individuals or organizations to \r\nrepresent stakeholders, to enable them to attend the proceedings of the House: \r\nprovided that such observer shall have no right to vote or interfere in the \r\nproceedings of the House. \r\nprovided further that such observer shall have no right to speak except with \r\nthe prior permission granted by the Speaker before commencement of the meeting. \r\n41. Contracts.– (1) All contracts made by or on behalf of a local government shall \r\nbe: \r\n26 \r\n \r\n \r\n(a) in writing and expressed to be made in the name of the local \r\ngovernment; \r\n(b) executed in such manner as may be prescribed; and \r\n(c) reported to the local government by the Head of the local government \r\nin the meeting next following the execution of the contract. \r\n(2) A local government may assign any of its functions to a public or \r\nprivate organization on such terms and conditions as may be prescribed or enter into \r\npublic-private partnership for efficient performance of any of its functions. \r\nPART 3 \r\nELECTIONS, TERM OF OFFICES AND RELATED MATTERS \r\nChapter - XIII \r\nAuthority for Local Government Elections \r\n42. Election Commission to conduct local government elections .– (1) All \r\nelections under this Act shall be conducted by the Election Commission. \r\n(2) The Election Commission shall undertake such measures and make \r\nsuch arrangements as are necessary for the conduct of elections in accordance with \r\nthe law and in a just, fair and transparent manner. \r\n43. Elections Act to apply .– For the purpose of local government elections, the \r\nElections Act shall, as nearly as possible, apply to an election under this Act. \r\n44. All authorities and persons to as sist the Election Commission .– (1) The \r\nElection Commission may require any person or authority in the Province to perform \r\nsuch function or render such assistance as may be required for the purposes of this \r\nAct. \r\n(2) It shall be the duty of all persons and authorities required to perform a \r\nfunction or render any assistance under subsection (1) to perform such function or \r\nrender such assistance, in as much as may be reasonably possible. \r\n(3) The Government shall make available to the Election Commission the \r\nservices of such of its officers and servants as the Election Commission may require \r\nfor the purposes of this Act. \r\nExplanation: For the purpose of this section, any reference to an Authority shall \r\ninclude an authority which is not owned or controlled by the Government. \r\n45. Delegation of powers .– The Election Commission may delegate any of its \r\nfunctions or powers in accordance with the Elections Act. \r\n46. Election Commission to regulate its own procedure .– The Election \r\nCommission shall, subject to this Act and the rules, regulate its own procedure for \r\nthe conduct of elections under this Act. \r\nChapter - XIV \r\nElection Method, Franchise and Related Matters \r\n47. Election Method .– (1) Election of local governments shall be held on party \r\nbasis through secret ballot on the basis of adult franchise, through Electronic Voting \r\nMachine (EVM) and I-voting, in the prescribed manner. \r\n27 \r\n \r\n \r\n(2) The Head of a local government, Deputy Mayor, or Vic e Chairperson, \r\nand the Councillors to the reserved seats shall be elected, as joint candidates, on the \r\nbasis of simple majority in terms of section 57. \r\n(3) The general Councillors shall be elected on closed list proportional \r\nrepresentation basis in terms of section 57. \r\n(4) The Head of a local government, Deputy Mayor, or Vice Chairperson, \r\nas the case may be, and all Councillors on reserved seats shall be elected by eligible \r\nvoters of the respective electoral unit. \r\n(5) Only a Political Party or an Electoral Group shall be entitled to contest \r\nelections by fielding qualified candidates for the office of Head of the local \r\ngovernment, Deputy Mayor, or Vice Chairperson, as the case maybe, and at least as \r\nmany qualified candidates for elections as there are seats of Councillors. \r\n(6) No Political Party or an Electoral Group shall be entitled to contest if it \r\nis unable to field qualified candidates for all the categories of candidates under \r\nsubsection (5). \r\n(7) Where a Political Party or an Electoral Group is contesting an election \r\nunder this Act, its candidates for the Head, Deputy Mayor, or Vice Chairperson, as \r\nthe case may be, and reserved seats, as joint candidates, and general Councillors \r\nshall contest election on the lists of the Political Party or the Electoral Group \r\nprepared under subsections (8) and (9). \r\n(8) A Political Party or an Electoral Group contesting election under this \r\nAct shall indicate the names of the candidates for seats of Head, Deputy Mayor or \r\nVice Chairperson, as the case may be, of a local government and Councillors for \r\nreserved seats, as joint candidates, on a list which shall not be varied after expiry of \r\nthe date for submission of nomination papers for an election under this Act. \r\n(9) A Political Party or an Electoral Group contes ting election under this \r\nAct shall indicate the names of the candidates for seats of general Councillors on a \r\nlist in ranking order in which they may be elected on the basis of votes obtained by \r\nthe Political Party or the Electoral Group, on the basis of proportional representation. \r\n(10) Subject to sub -section (7) of Section 70, after expiry of the date fixed \r\nfor submission of nomination papers for an election under this Act, the list referred to \r\nin subsection (9) shall not be varied by any Political Party or, as the case may be, \r\nany Electoral Group in terms of ranking order of the candidates or the name of the \r\ncandidates by way of addition of a fresh name or omission of an e xisting name in the \r\nlist. \r\n(11) Nothing in this section shall prevent a Political Party or an Electoral \r\nGroup from fielding additional qualified candidates in ranking order to the seats of \r\nthe Head of a local government, Deputy Mayor, Vice Chairperson and Councillors, \r\nkeeping in view any possibility of rejection of nomination papers to avoid \r\ndisenfranchisement, or for filling casual vacancies during the term of the Council for \r\nany reason. \r\n(12) The Speaker of a local government, except Union Council, shall be \r\nelected by the Councillors from amongst themselves, in the prescribed manner, \r\nthrough simple majority of votes, in the first meeting of the Council. \r\n28 \r\n \r\n \r\n(13) Where the seat of the Head of a local government or Deputy Mayor or \r\nVice Chairperson, as the case may be, the seat of the Speaker and a Councillor falls \r\nvacant during their term of office, they shall be elected in the manner given in \r\nsections 69 and 70 of this Act. \r\n48. Opposition Leader .– The Councillors representing majority of opposition in \r\nthe House shall soon after assumption of their office, through written intimation to the \r\nSpeaker, nominate the opposition leader in the House to represent them. \r\n49. Electoral units .– (1) The entire local area of a local government shall \r\nconstitute one multi -member electoral unit for elections to the respective local \r\ngovernment. \r\n(2) The Election Commission shall, at least forty five days prior to the date \r\nfixed for the election, notify electoral units in the official Gazette. \r\n(3) The electoral units constituted under this section shall remain valid for \r\nevery subsequent election under this Act unless altered by the Election Commission \r\nsubsequent to review of local areas under this Act. \r\n50. Enlistment of an Electoral Group .– (1) The Election Commission shall, \r\nthrough public notice, specify the dates for enlistment of Electoral Groups of a local \r\ngovernment, with the office of the Election Commission for election under this Act. \r\n(2) The Head of a proposed Electoral Group may, in the prescribed \r\nmanner, apply for enlistment of the Electoral Group, by submitting a list of his \r\nmembers of the Electoral Group which shall not be less than the total seats of Head, \r\nDeputy Mayors or Vice Chairpersons as the case may be, and Councillors includin g \r\nreserved seats for the local government, for which his Electoral Group wishes to \r\ncontest election. \r\n(3) For enlistment of an Electoral Group, a non -refundable fee of one \r\nthousand rupee per member shall be deposited along with the application for \r\nenlistment. \r\n51. Electoral rolls .– The Election Commission shall use the electoral rolls \r\nprepared under the Elections Act for elections under this Act. \r\n52. Right to vote .– (1) No person shall be eligible to vote in an electoral unit \r\nunless his name, for the time being, appears in the electoral roll of that electoral unit. \r\n(2) A voter shall be entitled to cast only one vote for the Political Party or \r\nthe Electoral Group, representing candidates of his choice for election of a local \r\ngovernment. \r\n Chapter - XV \r\nConduct of Elections \r\n53. Notification of election date and call up for election .– (1) Through an \r\norder published in the official Gazette, the Election Commission shall, after \r\nconsultation with the Secretary, fix a date or several dates for elections to on e or \r\nmore electoral units under this Act: \r\n(2) The Election Commission shall thereby call upon: \r\n29 \r\n \r\n \r\n(a) the voters of the electoral unit to elect the Head of the local \r\ngovernment, Deputy Mayors or Vice Chairperson as the case maybe, \r\nand Councillors; and \r\n(b) the Councillors, other than the Councillors of the Union Council, to \r\nelect the Speaker. \r\n54. Only nominated and eligible persons allowed to contest elections .– (1) \r\nNo person shall be nominated for an election under this Act unless he is otherwise \r\neligible for an election in terms of section 61 of this Act. \r\n(2) No person, shall contest an election under this Act unless a Political \r\nParty or an Electoral Group includes that person as candidate for Head of the local \r\ngovernment, Deputy Mayor, Vice Chairperson or a Councillor on its lists of \r\ncandidates. \r\n(3) The Returning Officer shall not accept the nomination of a c andidate \r\nunless the amount as may be prescribed, is paid in cash or in the form of a bank \r\ndraft or pay order in favour of the Election Commission by or on behalf of the \r\ncandidate as candidature fee. \r\n(4) The candidature fee paid by or on behalf of the candidate shall be non -\r\nrefundable. \r\n(5) A candidate may pay only one candidature fee even if such candidate \r\nis nominated for the same seat by more than one nomination papers. \r\n (6) The Returning Officer sha ll, in the prescribed manner, after public \r\nnotice and hearing the person nominated as a candidate or a person authorized by \r\nhim in this behalf, satisfy himself that each nomination has been properly made and \r\nthe person nominated as a candidate is eligible to be a candidate for the relevant \r\nelection, under this Act. \r\n55. Manner of conducting Elections .– Subject to the provisions of this Act and \r\nthe Elections Act, the elections under this Act shall be conducted in the prescribed \r\nmanner. \r\n56. Code of Conduct for elections.– (1) The Election Commission shall by an \r\norder published in the official Gazette, issue a Code of Conduct for candidates, \r\nelection agents, polling agents and other relevant persons for every election under \r\nthis Act. \r\n(2) The Code of Conduct issued under subsection (1) shall, among other \r\nthings, define the consequences of violation of its provisions and the authority \r\nresponsible for taking cognizance of such violations and their powers for such \r\npurpose. \r\n57. Returned Candidates.– (1) The can didates to the office of the Head of the \r\nlocal government, Deputy Mayor or Vice Chairperson as the case may be, and \r\nCouncillors to the reserved seats, as joint candidates, appointed by the Political \r\nParty or the Electoral Group, securing highest number of votes in the respective \r\nelectoral unit shall stand elected. \r\n30 \r\n \r\n \r\n(2) The candidates to the office of a general Councillor shall be elected in \r\nthe ranking order given by the Political Party or the Electoral Group on whose list \r\nthey are contesting, in proportion to the votes secured by that Political Party or, as \r\nthe case may be, Electoral Group in the respective electoral unit. \r\n(3) Where there is equality of votes between two or more political parties \r\nor Electoral Groups obtaining highest votes, the Returning Officer shall recount the \r\nvotes and in case equality still exists, forthwith draw a lot in respect of such political \r\nparties or Electoral Groups and on whom the lot falls, its candidate shall be declared \r\nelected. \r\n(4) The Councillor of a local government, except a Union Council, securing \r\nhighest number of votes of the Councillors, in the first meeting of the Council shall \r\nstand elected as the Speaker. \r\n58. Announcement of Results . – Immediately after the counting of vot es, the \r\nresults of every election under this Act shall be announced through a public notice by \r\nthe Returning Officer which shall be followed by a notification in the official Gazette \r\nby the Election Commission. \r\n59. Election to be called in question only before Election Tribunal .– (1) No \r\nelection under this Act shall be called in question except through an election petition \r\nmade to the Election Tribunal constituted under the Elections Act. \r\n(2) The Election Tribunal shall follow procedures and exercise po wers \r\nunder the Elections Act. \r\n60. Notification of vacancy and bye-election.– (1) The Election Commission \r\nshall, on receiving information, within fifteen days from the date of receipt of \r\ninformation, notify a vacancy occurred due to death, resignation, dis qualification or \r\nremoval of a Head of a local government, Deputy Mayor, Vice Chairperson, Speaker \r\nor Councillor and publish the same in the official Gazette , and thereafter, Election \r\nCommission shall notify Election Programme and also publish the same in the official \r\nGazette. \r\n(2) Election Commission shall notify returned candidates elected under \r\nsection 69 and 70 of the Act. \r\nChapter - XVI \r\nQualifications and Term of Office of Candidates \r\n61. Qualifications and disqualifications.– (1) A person shall be eligible to be a \r\ncandidate for the office of a Head of a local government, Deputy Mayor, Vice \r\nChairperson, Speaker, or a Councillor if: \r\n(a) his name appears for the time being in the electoral roll of the electoral \r\nunit from where he is a candidate; and \r\n(b) he, on the last day fixed for the filing of nomination papers for that \r\nelection, is not less than twenty one years of age in case of a \r\nCouncillor, and not less than twenty five years of age in case of a Head \r\nor a Deputy Mayor or Vice Chairperson or a Speaker: \r\n31 \r\n \r\n \r\nprovided that the age for a candidate for the seat reserved for \r\nYouth shall not be less than eighteen years and more than thirty two \r\nyears. \r\n(2) Without any prejudice to the provisions of subsection (1), no person \r\nshall be eligible to be a candidate or to hold the office of a Head of a local \r\ngovernment, Deputy Mayor, Vice Chairperson, Speaker, or a Councillor, if: \r\n(a) he is not el igible or becomes ineligible to be enrolled as a voter under \r\nthe Elections Act; \r\n(b) he has been convicted by a Court of competent jurisdiction on a charge \r\nof corrupt practice, moral turpitude or misuse of power or authority \r\nunder any law for the time bein g in force unless a period of five years \r\nhas elapsed; \r\n(c) he is under contract for work to be done or goods to be supplied to that \r\nlocal government or has otherwise any pecuniary interest in its affairs; \r\n(d) he is in or enters into the service of Pakis tan, or any statutory body or \r\nother body which is set up, or owned or controlled by the Federal \r\nGovernment or Government, or a local government in Pakistan, or in \r\nwhich the Government or a local government has controlling share or \r\ninterest or he is or beco mes a salaried official of a public or statutory \r\ncorporation; \r\n(e) he holds an office of profit in the service of Pakistan other than an \r\noffice which is not a whole -time office remunerated either by salary or \r\nby fee, or the office of Lumbardar, whether ca lled by this or any other \r\ntitle, or the office of Qaumi Razakar; \r\n(f) he has been dismissed, discharged or compulsorily retired from the \r\nservice of Pakistan, or the service of a local government or a public or \r\nstatutory corporation on the charge of miscon duct or a corrupt practice \r\nunless a period of three years has elapsed; \r\n(g) he has obtained a loan for an amount of ten hundred thousand rupees \r\nor more, from any bank, financial institution, cooperative society or \r\ncooperative body in his own name or in the name of his spouse or any \r\nof his dependents, which stands unpaid for more t han one year from \r\nthe due date, or has had such loan written off unlawfully; \r\n(h) he, his spouse or any of his dependents has not paid any tax, fee or \r\nany other charge payable to the Government or a local government, or \r\nany amount exceeding ten thousand r upees due upon him, his spouse \r\nor any of his dependent for the use of any service such as Pakistan \r\nTelecommunication Company Limited, electricity, gas or water for over \r\nsix months; and \r\n(i) he is declared to have defected his Political Party or, as the case may \r\nbe, the Electoral Group under this Act. \r\n(3) Where a person contesting an election to any office in the local \r\ngovernment claims to be a Muslim, he shall submit to the Returning Office r a \r\n32 \r\n \r\n \r\ndeclaration given in the Third Schedule along with his nomination papers for the \r\nelection. \r\nprovided that a person contesting election to the Head of Metropolitan \r\nCorporation and District Council shall submit declaration of assets and liabilities \r\nalongwith his nomination papers. \r\n62. Defection from a Political Party or Electoral Group .– (1) The Head of a \r\nPolitical Party or an Electoral Group may, after giving him an opportunity to show \r\ncause, declare a Head of the local government, Deputy Mayor, Vice Chairperson, \r\nSpeaker or a Councillor to have defected his Political Party or, as the case may be, \r\nthe Electoral Group who, after having been elected on its list: \r\n(a) joins another Political Party or an Electoral Group; or \r\n(b) votes or abstains from voting in the Council contrary to any direction of \r\nthe Political Party or, as the case may be, Electoral Group in relation to \r\nthe election of the Speaker, or a vote for removal of the Head of the \r\nlocal government, Deputy Mayor, Vice Chairperson, or a Speaker. \r\n(2) After having declared a Councillor to have defected, the Head of the \r\nPolitical Party or, as the case may be, Electoral Group shall forthwith forward a copy \r\nof the declaration to the Election Commission. \r\n(3) Where the decla ration is confirmed by the Election Commission after \r\ndue notice and inquiry, the Head of the local government, Deputy Mayor, Vice \r\nChairperson, Speaker or Councillor referred to in subsection (1) shall cease to hold \r\noffice. \r\nExplanation: For the purpose of this section, the Head of a Political Party or \r\nElectoral Group shall mean any person by whatever name called, declared as such \r\nby the Political Party or, as the case may be, Electoral Group. \r\n63. Effect of being found to be disqualified to be a candidate, Head of the \r\nlocal government, Deputy Mayor, Vice Chairperson, Speaker, or a Councillor .– \r\n(1) A person, on being found by the Election Commission to have filed nomination \r\npapers for a local government election or holding the office of a Head of the local \r\ngovernment, Deputy Mayor, Vice Chairperson, Speaker or a Councillor, while \r\nknowing that he is not eligible to file such nomination papers or to hold such office; or \r\nhave made election expenses in excess of the prescribed limit; or have failed to file a \r\nreturn on election expenses; or filed a return that contains particulars that to his \r\nknowledge are false or misleading, shall: \r\n(a) in case he is a candidate to a local government election, stand \r\ndisqualified from being a candidate for the o ffice of the Head of the \r\nlocal government, Deputy Mayor, Vice Chairperson, Speaker or a \r\nCouncillor, for a period of four years from the date of disqualification. \r\n(b) in case he is a Head of the local government, Deputy Mayor, Vice \r\nChairperson, Speaker or a Councillor shall, cease forthwith to hold \r\nsuch office, and shall also stand disqualified from being a candidate in \r\nthe local government election, for a period of four years from the date \r\nhe ceased to hold such office. \r\n33 \r\n \r\n \r\n(2) Any resident of the relevant local area may make a written complaint to \r\nthe Returning Officer or the Election Commission to seek disqualification of a \r\ncandidate from contesting local government election or from holding office on any \r\nground mentioned in this section. \r\n(3) Every order of the Returning Officer or the Election Commission under \r\nthis section shall be passed in writing and after conducting inquiry as deemed \r\nappropriate and after affording right of hearing to such candidate or office holder as \r\nthe case may be. \r\n64. Bar against double membership .– (1) No person shall simultaneously hold \r\nthe office of a Head of the local government, Deputy Mayor, Vice Chairperson, \r\nSpeaker, or a Councillor in more than one local governments. \r\n(2) No person shall sim ultaneously hold more than one such elected \r\noffices in the same local government except a Councillor who is elected as the \r\nSpeaker. \r\n(3) No person shall simultaneously hold the office of a Head of the local \r\ngovernment, Deputy Mayor, Vice Chairperson, Spea ker or a Councillor and a \r\nMember of the Parliament or Provincial Assembly. \r\n(4) Where a Head of the local government, Deputy Mayor, Vice \r\nChairperson, Speaker, or a Councillor is elected to any other such political office, his \r\nseat held in the local government shall become vacant, immediately upon taking \r\noath of such office. \r\n65. Term of office of the Council, Head of the local government, Deputy \r\nMayor, Vice Chairperson, Speaker or a Councillor .– (1) Subject to th is Act, the \r\nterm of office of a Council shall be four years commencing on the date on which it \r\nholds its first meeting. \r\n(2) The term of office of every Head of the local government, Deputy \r\nMayor, Vice Chairperson, Speaker, and Councillor shall, un less removed earlier \r\nunder this Act, be the same as that of the term of office of the Council. \r\n66. First Meeting and Oath of office .– (1) As soon as may be but not later than \r\none month after the notification of results of an election by the Election Comm ission, \r\nthe date or several dates of the first meeting of the Councils shall be fixed by the \r\nElection Commission. \r\n(2) A person elected as a Head of the local government, Deputy Mayor, \r\nVice Chairperson, Speaker or Councillor shall, before assuming his off ice, make and \r\nsubscribe to an oath, appropriate to his office, in the form set out in the Fourth \r\nSchedule. \r\n(3) The Election Commission shall nominate the Presiding Officers who \r\nshall administer the oath. \r\n67. Effect of failure to take oath .– (1) The Elec tion Commission shall, after \r\ngiving an opportunity to show cause, disqualify an elected Head of the local \r\ngovernment, Deputy Mayor, Vice Chairperson, Speaker or Councillor from holding \r\noffice, who fails to take oath within sixty days from the date of firs t meeting of the \r\nCouncil. \r\n34 \r\n \r\n \r\n(2) Chief Officer or any resident of the relevant local area may make a \r\nwritten complaint within one month to the Election Commission for disqualification of \r\na Head of the local government, Deputy Mayor, Vice Chairperson, Speaker or \r\nCouncillor under this section. \r\n68. Resignation by a Head of the local government, Deputy Mayor, Vice \r\nChairperson, Speaker or Cou ncillor.– (1) Any Head of the local government, \r\nDeputy Mayor, Vice Chairperson, Speaker or Councillor of the Metropolitan \r\nCorporation or District Council may, at any time, resign from his office by writing \r\nunder his hand to the respective Chief Officer, wh ereupon his resignation shall be \r\ndeemed to have been accepted and effective forthwith. \r\n(2) The Chief Officer upon receipt of resignation under sub -section (1) \r\nshall forthwith forward it to the Deputy Director of the Directorate in the district \r\nconcerned, who shall forward it to Secretary. \r\n(3) The Chairperson, Vice Chairperson, or Councillor of Union Council \r\nmay, at any time, resign from his office by writing under his hand to the respective \r\nSecretary of Union Council, whereupon his resignation shall be deemed to have \r\nbeen accepted and effective forthwith. \r\n(4) The Secretary of Union Council upon receipt of resignation under sub -\r\nsection (3) shall forthwith forward it to the Assistant Director of the Directorate in the \r\ntehsil concerned, who shall forward it to Secretary. \r\n(5) The Secretary upon receipt of resignation under sub -section (2) or (4) \r\nshall immediately send the copy of resignation to the Election Commission which \r\nshall, by notification to be issued within fifteen days from the date of receipt of \r\nresignation, declare the office of the resigning Head of the local government, Deputy \r\nMayor, Vice Chairperson, Speaker or Councillor to be vacant from the date of receipt \r\nof resignation. \r\n(6) Notwithstanding the resignation of a Head of the local government, \r\nDeputy Mayor, Vice Chairperson, Speaker or Councillor under subsection s (1) and \r\n(3), any proceedings for his removal under this Act, if already initiated, shall not \r\nabate as the same may result in his disqualification. \r\n69. Fresh elections in case of casual vacancy in the office of a Speaker.– (1) \r\nIf the office of the Speaker of a Council, other than a Union Council falls vacant \r\nduring the term of the Council due to his removal on the basis of misconduct, \r\ndisqualification or any other reason, the Election Commission shall hold a fresh \r\nelection to the office of the Speaker of the Council. \r\n(2) The Speaker of a Council elected through a fresh election under this \r\nsection shall, unless removed earlier under this Act, hold office only for the residual \r\nterm of the Council. \r\n70. Filling up of casual vacancies of Head, Deputy Mayor, Vice Chairperson \r\nand Councillors .– (1) If, for any reason, the office of a Head in a Metropolitan \r\nCorporation or a District Council falls vacant during the term of a Council, the Deputy \r\nMayor nominated by the Political Party or the Electoral Group to which the Head \r\nbelonged, shall stand elected as Head. \r\n35 \r\n \r\n \r\n(2) If, for any reason, the office of a Deputy Mayor of a Metropolitan \r\nCorporation or a District Council falls vacant, the councillor nominated by the Political \r\nParty or the Electoral Group to which the Deputy Mayor belonged, shall stand \r\nelected as Deputy Mayor. \r\nprovided that in case of District Council lor, the nominated Councillor shall be \r\nthe voter of the respective Tehsil from which the Deputy Mayor belonged. \r\n (3) If, for any reason, the office of a Chairman in a Union Council falls \r\nvacant during the term of a Council, the Vice Chairman shall stand elected as \r\nChairman. \r\n(4) If, for any reason, the office of a Vice Chairman falls vacant, the \r\ncouncillor nominated by the political party or electoral group to which the Vice \r\nChairman belonged, shall stand elected as Vice Chairman. \r\n(5) If, for any reason, the office of General Councillor in a local government \r\nfalls vacant during the term of a Council, the candidate immediately below the last \r\nelected candidate in the ranking order in the list of the political party or electoral \r\ngroup to which the General Councillor belonged, shall stand elected. \r\n(6) If, for any reason, the office of a Councillor on reserved seat in a local \r\ngovernment falls vacant during the term of a Council, the additional candidate from \r\nthe list of the political party or electoral group to which the Council lor on reserved \r\nseat belonged, shall stand elected to that office. \r\n(7) If at any time, the list is exhausted, the concerned Political Party or \r\nElectoral Group may submit additional names for any vacancy, which may occur \r\nthereafter. \r\n(8) A Head, Deputy Mayor, Vice Chairperson or Councillor elected under \r\nthis section shall, unless removed earlier under this Act, hold office for the residual \r\nterm of the Council. \r\n71. Power of the Chief Minister to appoint an administrator .– On expiry of the \r\nterm of a Council, or otherwise pending the constitution of a new local government or \r\na Council, the Chief Minister shall, by an order published in the official Gazette, \r\nappoint any of its officers to perform such functions and exercise such powers and \r\nauthority of the respective local government as may be specified in that order. \r\nPART 4 \r\nLOCAL GOVERNMENT FINANCE AND PROPERTIES \r\nChapter - XVII \r\nLocal Government Finance \r\n72. Funds of a local government .– (1) A local government shall establish a \r\nLocal Fund, and all the revenues received by the local government from the following \r\nsources shall be credited to the Fund: \r\n(a) the proceeds of taxes, tolls, fees, rates or charges levied by the local \r\ngovernment; \r\n(b) grants made to or monies received by the local government from the \r\nGovernment or other sources; \r\n36 \r\n \r\n \r\n(c) rents and profits payable or accruing to the local government from \r\nimmovable property owned or otherwise vested in or controlled or \r\nmanaged by it; \r\n(d) proceeds or any other profits from any investment; \r\n(e) gifts, grants or contributions to the local go vernment by individual or \r\ninstitutions; \r\n(f) income accruing from markets or fairs regulated by the local \r\ngovernment; \r\n(g) fines and penalties imposed under this Act; \r\n(h) proceeds from other sources of income which are placed at the \r\ndisposal of the local government under directions of the Government; \r\n(i) all monies transferred to the local government by the Government; and \r\n(j) monies transferred by another local government under this Act. \r\n(2) The Government shall transfer the grants of a local government in the \r\nshape of share of the local government in the Punjab Finance Commission Award \r\nand share in the proceeds of taxes, tolls, fees, rates or charges levied by the local \r\ngovernment collected by the Government to the Local Fund of the local government \r\non monthly basis. \r\n(3) Every local government shall maintain a Public Account to place all \r\nrevenues received by the local government from the following sources: \r\n(a) receipts accruing from trusts a dministered or managed by the local \r\ngovernment; \r\n(b) refundable deposits received by the local government; and \r\n(c) deferred liabilities. \r\n(4) A local government may establish and maintain a separate account for \r\nany special purpose to which one or more so urces of revenue mentioned in \r\nsubsection (1) or any part of these sources or any specified portion of the Local Fund \r\nmay be assigned. \r\n(5) The separate account under subsection (1) shall be maintained, \r\nadministered and regulated as a Local Fund. \r\n73. Custody of Local Fund and Public Account .– The monies credited to the \r\nLocal Fund or the Public Account of a local government shall be kept and operated \r\nin separate accounts of a local government in such manner as may be prescribed. \r\n74. Charged expenditure.– (1) The following expenditure shall be charged upon \r\nthe Local Fund: \r\n(a) the money required for repayment of loans; \r\n(b) the money required to satisfy any judgment, decree or award against \r\nthe local government; \r\n(c) the money required by the Governmen t to contribute for deferred \r\nliabilities of the local government; and \r\n37 \r\n \r\n \r\n(d) such other expenditure of local government as may be directed by the \r\nSecretary, in case of calamity or urgency. \r\n(2) If any expenditure is a charge upon the Local Fund and is not paid, the \r\nSecretary may, by order, direct the person having the custody of the respective Local \r\nFund to pay such amount from the Local Fund. \r\n75. Application of Local Fund .– (1) The monies cred ited to a Fund shall be \r\nexpended by a local government in accordance with the annual budget and \r\nsupplementary budget approved by its Council. \r\n (2) A local government may transfer approved budgeted amounts to any \r\nlocal government or Community Council or Pan chayat or Community Based \r\nOrganization, within its local area, for expenditure for the purpose of carrying out a \r\nproject service or activity transferred to, or managed by, the recipient local \r\ngovernment, Community Council, Panchayat or Community Based Orga nization, in \r\nthe prescribed manner. \r\n(3) The application of Local Fund shall be subject to the budgetary \r\nconstraints and according to the minimum prescribed ratio of development and non -\r\ndevelopment expenditures. \r\n(4) The development budget shall be priorit ized in accordance with the \r\nbottom up planning system as laid down in section 78: \r\n provided that: \r\n(a) not more than twenty percent of the development budget shall be set \r\napart for utilization in accordance with the provisions of section 78; and \r\n(b) the amount referred to in clause (a) which remains unspent shall be \r\ncredited under the same Head in the following year’s budget in addition \r\nto the fresh allocation under the said clause for that year. \r\n (5) Every local government shall allocate not less than twenty percent of \r\nits budget for maintenance and repair of existing infrastructure and provision of \r\nearlier initiated services. \r\n (6) Every local government shall allocate two percent of its budget for \r\nsports and cultural activities. \r\n(7) Where a new local governmen t is to take over during a financial year \r\nas a result of fresh elections, the outgoing local government shall not spend funds or \r\nmake commitments for any expenditure under any Demand for Grant or \r\nAppropriation in excess of eight percent per month of the bu dgeted funds for the \r\nremainder of its term in office in that financial year . \r\n(8) In every budget, a provision may be made for payment of such \r\nperformance incentive bonuses as may be prescribed. \r\n(9) Expenditure from the Fund of a local government on total \r\nestablishment expenditures in a financial year shall not increase more than ten \r\npercent in total from the establishment expenditures of the previous year: \r\n provided that this subsection shall not apply to a general salary increase of \r\nexisting schedule of establishment prescribed by the Government. \r\n38 \r\n \r\n \r\n76. Budget preparation .– (1) The annual budget for a local government shall \r\ncontain estimates of: \r\n(a) grants from the Government; \r\n(b) amounts available in the Local Fund; \r\n(c) receipts for the next year; and \r\n(d) expenditure to be incurred for the next year. \r\n(2) The Government shall, sufficiently before the beginning of each \r\nfinancial year, notify the provisional share which may be credited to the Local Fund \r\nof a local government from the Provincial Allocable Amount. \r\n(3) The functionaries of a local government may re -appropriate budget in \r\naccordance with the powers of re -appropriation delegated to them by the local \r\ngovernment, and at the end of the financial year, a revised budget shall be submitted \r\nto the local government for approval. \r\n(4) A demand for a grant shall not be made except on the recommendation \r\nof the Head of local government. \r\n(5) Conditional grants from the Government or other local government \r\nshall be shown separately in the budget and shall be governed by the conditions on \r\nwhich such grants were made. \r\n(6) Before the commencement of a financial year each local government \r\nshall, for its Fund, prepare in the prescribed manner, a budget for that year in \r\nconformity with the provisions of section 78. \r\n(7) A local government shall prepare the budget in the prescribed manner \r\nand in accordance with the chart of accounts notified by the Auditor -General of \r\nPakistan. \r\n77. Approval of budget .– (1) Before the commencement of the next financial \r\nyear, the Head of local government shall present the budget for consideration and \r\napproval of the local government. \r\n(2) The local government may discuss the charged expenditure but shall \r\nnot vote on such expenditure. \r\n(3) The budget of a local government shall, subject to quorum, be \r\napproved by simple majority and the local government shall not take up any other \r\nbusiness during the budget session. \r\n(4) Secretary may review approved budget of a local g overnment, and if \r\nfound contrary to the budget rules, may require the local government to rectify it. \r\n(5) A budget shall not be approved if the sums required to meet estimated \r\nexpenditure including previous liabilities and commitments exceed the estimate d \r\nreceipts. \r\n(6) In case a budget is not approved by a local government before the \r\ncommencement of the financial year to which it relates, the local government shall \r\nspend money under various objects, on pro -rata basis in accordance with the \r\nbudgetary provisions of the preceding financial year for a period not exceeding thirty \r\ndays. \r\n39 \r\n \r\n \r\n(7) A local government shall not spend funds or make commitments for \r\nany expenditure under any demand for grant or appropriation in excess of eight \r\npercent of the amount budgeted in the preceding year within the period of thirty days \r\nmentioned in subsection (6). \r\n(8) In case, a local government fails to pass the budget within the \r\nextended period as specified in subsection (6), the Secretary shall prepare, approve \r\nand authenticate the budget of the local government for full year. \r\n(9) After approval of the budget by a local government, the Head of local \r\ngovernment shall authenticate under his signature a schedule specifying: \r\n(a) grants made or deemed to have been made by the local government; \r\nand \r\n(b) sums required to meet the expenditure charged upon the Local Fund. \r\n(10) The budget authenticated under subsection (8) shall be laid before the \r\nlocal government but shall not be open to discussion or vote. \r\n(11) The authenticated budget shall be communicated to the local \r\ngovernment functionaries, accounts officials, the Secretary and posted on the official \r\nwebsite or a portal designated by the Department for this purpose. \r\n(12) At any time before the expiry of the financial year to which the budget \r\nrelates, a revised budget for the year may, if necessary, be prepared and such \r\nrevised budget shall be approved in the manner as that of annual budget. \r\n78. Bottom up planning and the community ownership incentive system .– \r\n(1) Before the beginning of the financial year the respective local government shall \r\nlay down and announce the classification of development schemes to be undertaken \r\nexclusively under the provisions of this section. \r\n (2) A local government may grant to the Community Based Organization \r\nwithin its local areas, up to eighty percent of the budgeted amount of an approved \r\ndevelopment scheme in the manner prescribed: \r\n provided that a scheme shall be deemed to be an approved scheme if: \r\n(a) the prescribed departmental procedure for estimating the cost of the \r\nscheme has been followed; \r\n(b) the estimating officer certifies that the scheme meets the requirements \r\nlaid down by law; \r\n(c) the Community Based Organization has deposited its share of the cost \r\nof the development scheme with the concerned local government; and \r\n(d) the complete departmental estimates and the proof of deposit of the \r\ncontribution of Community Based Organization are attached. \r\n (3) The grant referred to in subsection (2) shall be spent from the reserved \r\namount of the annual development budget as provided in section 75. \r\n (4) A cut -off date for submission of all schemes proposed by the \r\nCommunity Based Organization shall be announced by the local government \r\nconcerned before the presentation of its budget. \r\n40 \r\n \r\n \r\n(5) The respective local government shall authorize an official to draw up a \r\nstatement specifying the schemes submitted by the cut -off date specified in \r\nsubsection (4) by classification including the total amount of contributions for a \r\nparticular classification of schemes. \r\n (6) A second statement shall determine contributions for a particular \r\nclassification of schemes as a ratio of the total contributions for all schemes \r\nsubmitted with a particular local government for that year, and the statement shall be \r\nused to determine amounts of allocations for a classification of schemes from the \r\nbudget reserved for the purpose. \r\n (7) A third statement shall be drawn up which shall identify the number of \r\nschemes submitted in a pa rticular classification, beginning with the scheme \r\ncontaining the highest contribution by the Community Based Organization in a \r\nclassification until all the schemes in the classification are selected or the funds \r\nallocated for that particular classificatio n in the amount determined in subsection (6) \r\nare exhausted. \r\n (8) The funds for Community Based Organization under section 75 shall \r\nbe communicated to the authorized officer under subsection (5). \r\n(9) The identified schemes shall be included in the budget be fore \r\nsubmission to the concerned Council. \r\n(10) The statement referred to in subsection (7) shall be approved by a \r\nsimple majority of the members of the respective Council in a budget session to be \r\nheld by the respective Council. \r\n(11) The schemes approved by the respective Councils shall be carried out \r\nas prescribed. \r\n(12) Subject to subsection (10), the Accounts Official of the respective local \r\ngovernment shall release funds in the prescribed manner in accordance with the \r\nschedule of expenditure. \r\n79. Honoraria and allowances .– A local government may, subject to the \r\nspecified limitations approved by the Government , make budgetary provisions for \r\nhonoraria and allowances of the Head of local government, Deputy Mayor, Vice \r\nChairperson, Speaker, Opposition Leader or a Councillor of the local government. \r\n Provided that remuneration and allowances would be allowed only in one \r\ncapacity. \r\n80. Accounts.– (1) The accounts of all receipts and expenditure s of a local \r\ngovernment shall be kept in such form and in accordance with such principles and \r\nmethods as may be prescribed by the Auditor-General of Pakistan. \r\n(2) In addition to maintenance of accounts by a local government, \r\nProvincial Director, Local Fun d Audit of the Government shall maintain the accounts \r\nof the local governments, other than the accounts of the Union Council, and \r\ndevolved offices managed under the respective District Local Government Authority. \r\n(3) The Secretary of a Union Council, shall maintain the accounts of the \r\nUnion Council. \r\n41 \r\n \r\n \r\n(4) Accountant General and District Accounts Officer of the District shall \r\nmaintain the accounts of the devolved offices managed under the respective District \r\nLocal Government Authority. \r\n(5) The Provincial Director, Local Fund Audit of the Government shall pre -\r\naudit all the payments from the Local Fund of a local government other than the \r\npayments from the Local Fund of the Union Council and accounts of the devolved \r\noffices managed under the respective District Local Government Authority. \r\n(6) The Secretary of the Union Coun cil shall pre -audit all the payments \r\nfrom the Local Fund of the Union Council. \r\n(7) The Accountant General and the District Accounts Officer shall pre -\r\naudit all the payments from the Local Funds of the devolved offices managed under \r\nthe respective District Local Government Authority. \r\n(8) A local government shall not withdraw or disburse money from the \r\nLocal Fund unless it is pre-audited in the prescribed manner. \r\n(9) The Provincial Director, Local Fund Audit and the Accountant General \r\nshall, by fifteenth day of July, prepare an annual statement of receipts and \r\nexpenditures of the accoun ts of local governments and District Local Government \r\nAuthorities, for the preceding financial year, and shall transmit the statement to the \r\nGovernment and the concerned local government. \r\n(10) A copy of the annual statement of accounts shall be displayed at a \r\nconspicuous place in the office of the local government for public inspection, and all \r\nobjections or suggestions concerning such accounts received from the public shall \r\nbe considered by the local government and appropriate decision shall be taken. \r\n81. Audit.– (1) The Auditor -General of Pakistan shall, on the basis of such audit \r\nas he may consider appropriate or necessary, certify the accounts of a local \r\ngovernment for each financial year. \r\n(2) The Auditor-General shall audit the accounts of a local government in \r\nsuch form and manner as may be deemed appropriate. \r\n(3) The audit report of the Auditor -General shall be considered by the \r\nPublic Accounts Committee of the Provincial Assembly of the Punjab. \r\n(4) If in the opinion of the Government, it is necessary in public interest to \r\nhave a special audit of a local government, it may cause it to be conducted by \r\nAuditor General of Pakistan or the Provincial Director Local Fund Audit . \r\n(5) After the receipt of special audit report of a local government, the \r\nGovernment may, after enquiry by the Punjab Local Government Commission, take \r\nappropriate action on the recommendations of the Commission. \r\n82. Local government debt .– (1) A local govern ment shall not incur any debt \r\nwithout previous approval of the Government. \r\n(2) A local government may invest surplus funds, if any, in such securities \r\nand financial institutions, as may be approved by the Government. \r\n42 \r\n \r\n \r\nChapter - XVIII \r\nPunjab Local Government Finance Commission \r\n83. Local Government Finance Commission .– (1) The Government shall \r\nconstitute the Punjab Local Government Finance Commission to perform functions \r\nunder this Act. \r\n(2) The Finance Commission shall comprise of members including the \r\nChairperson as under: \r\n(a) Minister in charge of Finance Department of the Government, who \r\nshall also be the Chairperson of the Finance Commission; \r\n(b) Minister in charge of the Department, who shall be the co -Chairperson \r\nof the Finance Commission; \r\n(c) four members of the Provincial Assembly of the Punjab, out of whom \r\ntwo shall be appointed by the leader of the house and the other two by \r\nthe leader of the opposition in the Assembly; \r\n(d) Secretary to the Government, Finance Department, who shall also be \r\nthe Secretary of the Finance Commission; \r\n(e) Secretary of the Department; \r\n(f) Secretary to the Government, Planning and Development Department; \r\n(g) four experts including one woman, on local governments and local \r\ngovernment finance appointed in terms of section 86 of this Act; and \r\n(h) four Heads of the local governments to be nominated by the Chief \r\nMinister. \r\n(3) In case of absence of the chairpers on for any reason, the co -\r\nchairperson shall chair the Finance Commission and in case he is also absent, the \r\npresent members shall elect one of them to chair the Finance Commission for the \r\nduration of his absence. \r\n(4) The Finance Commission may co -opt any other person for advice in \r\nrelation to a particular matter under its consideration; however, the co -opted member \r\nshall have no right of vote. \r\n(5) No proceedings or act of the Finance Commission shall be invalid \r\nmerely on ground of existence of a vacancy or defect in composition of the Finance \r\nCommission. \r\n(6) The members of the Finance Commission shall be paid such \r\nremuneration and other allowances as the Government may determine from time to \r\ntime. \r\n(7) The remuneration and other allowances of a member of the Finance \r\nCommission shall not be varied to his disadvantage during his term in office. \r\n84. Term of office and premature removal of certain members .– (1) The \r\nMinisters and Secretaries referred to in section 83 of this Act shall be ex -officio \r\nmembers of the Finance Commission. \r\n43 \r\n \r\n \r\n(2) A Head of the local government referred to in section 83 of this Act \r\nshall hold the office of member of Finance Commission for four years from the date \r\nof assumption of office. \r\n(3) An expert member referred to in section 83 of this Act shall hold office \r\nfor four years from the date of assumption of office. \r\n(4) The Chief Minister may, after due notice and inquiry in the prescribed \r\nmanner, remove any member of the Finance Commission, not being the member \r\nreferred to in subsection (1), during the tenure of his office on ground of inefficiency, \r\nmisconduct, misuse of office or inability to perform functions on account of bad \r\nhealth or physical or mental incapacity. \r\n(5) Any member of th e Finance Commission, not being the member \r\nreferred to in subsection (1), may resign from his office by writing under his hand to \r\nthe Chairperson of the Commission. \r\n85. Casual vacancies .– (1) Where the position of a member, not being the \r\nMinister or a Sec retary to the Government, becomes vacant on account of his \r\nresignation, removal, death or for any other cause, the Government shall appoint a \r\nperson to fill this vacancy in the same manner as was applicable for the selection of \r\nthat member. \r\n(2) A person appointed under subsection (1) shall hold office for the \r\nremainder of the term of office of the member to whom he replaces. \r\n86. Eligibility for appointment as an expert member .– (1) A person shall be \r\neligible for appointment as an expert member under section 83 of this Act if: \r\n(a) he has at least sixteen years education in a discipline related to the \r\nfunctions of the Finance Commission, possesses adequate knowledge \r\nof economics, public finance, accounts, or working of the local \r\ngovernments in general with at least fifteen -year exper ience in the \r\naforesaid or any other related affairs; \r\n(b) he is, for the time being, qualified to be a candidate for an election \r\nunder this Act; \r\n(c) he is not in the service of Pakistan or any office or body which is set \r\nup, or owned or controlled by the Government, or a local government in \r\nthe Punjab, or in which the Government or a local government has a \r\ncontrolling share or interest or otherwise holds any office of profit in the \r\nGovernment; \r\n(2) Subject to the provisions of subsection (4), a person w ho has \r\npreviously remained as an expert member shall be eligible for re -appointment as a \r\nmember of the Finance Commission. \r\n(3) No Head of the local government shall be eligible for appointment as a \r\nmember of the Finance Commission if he has previously re mained its member as a \r\nHead of the local government during the preceding four calendar years. \r\n(4) An expert member or a Head of the local government who has \r\npreviously been removed from the office of a member of the Finance Commission \r\n44 \r\n \r\n \r\nunder subsection (4) of section 84 of this Act shall not be eligible for appointment as \r\na member of the Finance Commission subsequently. \r\n87. Oath of office of members of Finance Commission .– Before entering upon \r\noffice, every member of the Finance Commission shall make an oath in the form set \r\nout in the Fourth Schedule before Governor of the Punjab. \r\n88. General functions of the Finance Commission .– (1) In addition to any \r\nother work assigned to it under this Act or any other law for the time being in force, \r\nthe Finance Commission shall: \r\n(a) establish formulae for determining the size of provincial allocable \r\namount and the share of local governments from this amount; \r\n(b) oversee and report upon the transfer of share of local governments \r\nfrom the provincial allocable amount in accordance with the formulae \r\nreferred to in clause (a); \r\n(c) advise the Government or a local government on matters relating to \r\nfiscal transfers to and fiscal performance of local governments; \r\n(d) advise the Government or a local government on specific matters, \r\nobjections or claims in relation to fiscal transfers; \r\n(e) support local governments in effecting improvements in their fiscal \r\ncapacity and performance, better budget management and increased \r\nadherence to financial and procurement laws; \r\n(f) fix an enhanced incidence of a local tax, fee, rate, toll, rent or other \r\ncharge of a local government if it is under fiscal distress; \r\n(g) recommend th e schedule, nature and structure of independent audits \r\nof the local governments; \r\n(h) monitor fiscal health of local governments on an annual basis in \r\nparticular their fiscal effort and performance; their ability to meet \r\nbudgetary and development targets, their debt management and to \r\nmake a determination of fiscal distress defined in terms of the ability of \r\na local government to balance their budgets by ensuring that the sum \r\nof estimated net revenues and appropriated fund balances are \r\nsufficient to cover a ppropriations and other liabilities including pension \r\nand general provident fund liabilities; \r\n(i) during the first month of each financial year, present to the Government \r\nand all local governments in the Punjab a n annual report on fiscal \r\nperformance of l ocal governments during the previous financial year \r\nwhich shall, among other things, include an analysis of the matters \r\nreferred to in this subsection and fiscal transfers made to the local \r\ngovernments and own resources raised by them and their performance \r\nin meeting budgetary and performance objectives. \r\n(2) The report referred to in clause (h) and (i) of subsection (1) shall be laid \r\nbefore the Provincial Assembly. \r\n(3) The Finance Commission shall not be subject to or take cognizance of \r\nthe directions of any person as to the manner in which it shall discharge its duties. \r\n45 \r\n \r\n \r\n(4) The Secretary shall, during the exercise of its powers under this Act, \r\nshall have regard to the recommendations, reports and advice of the Finance \r\nCommission in relation to the matters mentioned under subsection (1). \r\nExplanation: For the purpose of this section, the term fiscal stress shall mean the \r\ncondition under which a local government is unable to generate sufficient receipts \r\nwithin the period under question to meet its expenditure and other liabilities. \r\n89. Right of local governments to refer objections to Finance Commission .– \r\n(1) Where a local government has any objection on the sums to be transferred or \r\nlikely to be transferred to it or to any other local government from provincial allocable \r\namount under this Act, that loc al government may make a reference to the Finance \r\nCommission. \r\n(2) Every reference under subsection (1) shall be made in writing and \r\ncontain grounds of objection. \r\n(3) The Finance Commission shall, after due notice and inquiry, decide \r\nevery reference made to it under this section in not more than sixty days. \r\n90. Procedure of Finance Commission .– (1) The Finance Commission shall, \r\nsubject to this Act and the rules, regulate its own procedure. \r\n(2) All decisions of the Finance Commission shall be made through a \r\nsimple majority of votes of the members present and voting on one member one vote \r\nbasis. \r\n(3) The quorum necessary for transaction of business at an ordinary or \r\nspecial meeting of the Finance Commission shall be one -half of the members \r\nholding office at the time out of whom not less than two shall be the expert members. \r\n(4) All meetings of the Finance Commission shall be public unless the \r\nmembers present, by a simple majority vote, decide to exclude public from the whole \r\nor part of the proceedings on the ground that public information of the proceedings of \r\nits meeting shall be prejudicial to public interest by reason of the confidential nature \r\nof business to be tra nsacted at that meeting or for such other special reasons as \r\nmay arise from the nature of business to be transacted or the proceedings at the \r\nmeeting. \r\n(5) The Finance Commission shall exercise the same powers as are \r\nvested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) with \r\nregards to summoning and enforcing the attendance of any person and compelling \r\nthe production of documents and records for the purposes of this Act. \r\n91. Duty of local governments and other public entities etc. t o cooperate \r\nwith Finance Commission .– (1) The Finance Commission may require the \r\nGovernment, a local government, an agency owned or managed by the Government \r\nor a local government, or any other person or authority in the Punjab to render \r\nassistance to it o r to provide all information which it reasonably requires for the \r\npurposes of this Act. \r\n(2) It shall be the duty of the Government and all such local governments, \r\npublic entities, or other persons and authorities to render assistance or to provide \r\ninformation as is required by the Finance Commission under subsection (1). \r\n46 \r\n \r\n \r\n92. Secretariat of the Finance Commission .– (1) The Finance Commission \r\nshall have a secretariat comprising such number of officers and staff as the \r\nGovernment may from time to time determine \r\n(2) There shall be a separate budget for the Finance Commission in the \r\nannual budget of the Punjab. \r\n(3) The secretariat of the Finance Commission shall be headed by the \r\nSecretary to the Government, Finance Department who shall also be the Princip al \r\nAccounting Officer of the Finance Commission. \r\nChapter - XIX \r\nLocal Government Properties \r\n93. Local government properties.– (1) Subject to any conditions imposed by the \r\nGovernment, all properties whether movable or immovable specified hereunder, and \r\nall interests of whatsoever nature or kind therein, shall vest in a local government: \r\n(a) all lands, buildings or other properties which were vested in any \r\ndefunct local government of which the local government is the \r\nsuccessor under section 4 of this Act; \r\n(b) all lands or other properties transferred to the local government or \r\nacquired by gift, purchase or otherwise for the purposes of this Act; \r\n(c) all public and other buildings of every description and all works, \r\nmaterials and things appertaining thereto which are maintained by the \r\nlocal government in relation to its functions under this Act; \r\n(d) all lands, open spaces, play grounds, gardens, park s and other places \r\nof public resort transferred to the local government with the title, by gift, \r\npurchase or otherwise for the purposes of this Act; \r\n(e) all public streets, roads, bridges and other means of public \r\ncommunication which are transferred to t he local government and the \r\npavements, stone and other material thereof and trees growing on, and \r\nerections, materials, implements and things provided with them; \r\n(f) all public sewers and drains except those owned and maintained under \r\nthe Canal and Drainage Act, 1873 (VIII of 1873) or any other law on the \r\nsubject of the Act ibid, and all sewers, culverts and other channels for \r\nsullage in or under any public street, or constructed by or for the local \r\ngovernment in the respective local area and all works, m aterials and \r\nthings appertaining thereto; \r\n(g) all works for the disposal of refuse and night soil maintained by the \r\nlocal government; \r\n(h) all public lamps, lamp posts and other appliances for street lighting \r\nmaintained by the local government; \r\n(i) all public streams, springs and works for supply, storage and \r\ndistribution of drinking water for public purposes maintained by the \r\nlocal government and all buildings, machines, materials and things or \r\nland, not being privately owned land, appertaining thereto; \r\n47 \r\n \r\n \r\n(j) all trees, plants and flowers on roadsides and other places maintained \r\nby the local government; and \r\n(k) any other property which may vest in the local government under any \r\nlaw for the time being in force or under an order of the Government. \r\n(2) Every local government shall maintain a register of all properties along \r\nwith a map of all immovable properties of which it is the proprietor or which vests in it \r\nor which it holds in trust for the Government or any other authority or person. \r\nExplanation: For the purpose of this section, a building map shall include any \r\nlocation maps as well as a map indicating the layout of the building. \r\n (3) The Government shall not, except with the prior consent of the local \r\ngovernment concerned, reallocate or in any other manner divest title of properties \r\nvested in that local government under this Act. \r\n94. Use and disposal of properties of local governments .– (1) The properties \r\nof local governments shall be used only for public purposes. \r\n (2) The immovable properties of local governments shall not be sold or \r\npermanently alienated without prior approval of the Government: \r\n provided that in case title of an immoveable property is transferred to a \r\nGovernment department, authority, or agency, the price of property not less than the \r\namount assessed by District Price Assessment Committee shall be transferred to \r\nsuch local government. \r\n (3) The properties of the local government may be given on lease through \r\ncompetitive bidding by public auction. \r\n(4) The local government ma y through a written agreement, lease a \r\nproperty to a Government department, authority or agency, without public auction on \r\na rent approved by the Council. \r\n (5) The local government may constitute a Committee headed by the Head \r\nof the local government to id entify encroached or redundant properties that may be \r\nsold in the prescribed manner with the approval of the Government, and the funds \r\ngenerated from the sale of such properties shall be kept in a separate head of \r\naccount and be used only for development purposes. \r\n (6) Where a lease of immoveable property of a local government under a \r\nvalid lease agreement has expired or is about to expire and it does not contain any \r\ncondition for extension of lease period, the period of lease may be extended upto ten \r\nyears after fresh assessment by Rent Assessment Committee on a rate not below \r\nthe rate assessed by it with an annual increase of ten percent, consisting of following \r\nmembers: \r\n(a) Head of the local government as convenor; \r\n(b) Assistant Commissioner concerned or his nominee; \r\n(c) Chief Officer of the local government; \r\n(d) Incharge of Finance Wing of the local government as Secretary of \r\nCommittee; \r\n48 \r\n \r\n \r\n(e) Incharge of Regulation Wing of the local government; and \r\n(f) District Excise and Taxation Officer or his nominee not below the rank \r\nof BS-16. \r\n (7) Where no written lease agreement is available but the occupant of \r\nimmoveable property has been paying rent to the local government for at least last \r\nfive years, the local government may enter into written agreement with the o ccupant \r\nfor a period of five years after fresh assessment by Rent Assessment Committee on \r\na rate not below the rate assessed by it with an annual increase of ten percent. \r\n (8) In case of failure to enter into written agreement under subsection (6) \r\nor (7), the local government shall, within one month, take over the possession of the \r\nimmoveable property and shall proceed in accordance with subsection (3). \r\n (9) The movable property of a local government including all articles \r\ndeclared unserviceable which are r equired to be disposed of, shall be sold through \r\ncompetitive bidding by public auction. \r\n (10) A local government shall inspect, manage, maintain and whenever so \r\nrequired develop or improve any property which is owned by or vested in it or which \r\nis otherwise placed under its charge. \r\n95. Acquisition of immovable property .– Whenever any local government \r\nconsiders it necessary or expedient, it may acquire or purchase any immovable \r\nproperty for public purposes, with the prior permission of the Government: \r\n provided that in case of purchase of property, the agreement of purchase \r\nshall be in writing: \r\n provided further that the development authorities entrusted to local \r\ngovernments, may acquire land for development purposes and may sell or dispose \r\nof thereafter in accordance with the existing laws and the rules made thereunder. \r\n96. Loss of property of local government .– In case of any loss of property of \r\nthe local government, the responsibility for such loss shall be fixed by the concerned \r\nlocal government and the amount of the loss shall be recovered from the defaulting \r\nperson and a report to this effect shall forthwith be submitted to the concerned \r\nCouncil in the meeting next following. \r\n97. Annual stock of local government properties .– Every local government \r\nshall, in the prescribed manner, at least once in every financial year, take the \r\nphysical stock of movable and immovable properties of the concerned local \r\ngovernment, submit a report to the concerned Council and shall publish the same. \r\n98. Insurance of certai n local government properties .– A local government \r\nmay, subject to the rules and any other relevant law for the time being in force, \r\ninsure any property, whether moveable or immoveable in which it has an insurable \r\ninterest, against any contingency which ma y result in the imposition of any liability or \r\nloss to the local government. \r\n49 \r\n \r\n \r\nChapter - XX \r\nLocal Government Taxes, Fees, Rates and Tolls \r\n99. Authority of a local government to levy taxes etc .– (1) A local government \r\nmay, through a notification published in the official Gazette, levy all or any of the \r\ntaxes, fees, rates, tolls, rent and other charges given in the Fifth Schedule. \r\n(2) Every resident shall, where applicable, pay toll, tax, fee, rates or other \r\ncharges imposed by the local government, allow officers and servants of the local \r\ngovernment reasonable access to his property in relation to the performance of their \r\nduties, and comply with bye-laws and instructions of the local government applicable \r\nto him. \r\n100. Procedure for imposition, revision or abolishment of a local tax, fee, \r\netc.– (1) A Head may make proposal with respect to: \r\n(a) levy of a new tax, fee, rate, rent, toll or other charges under the Act; \r\nor \r\n(b) increase or reduction in the incidence of a tax, fee, rate, rent, toll or \r\nother charge or otherwise revision of a tax, fee, toll or other charges \r\nwhich is for the time being in force under the Act; or \r\n(c) suspension or abolishment of a tax, fee, rate, rent, toll or other charges \r\nwhich is for the time being in force under the Act; or \r\n(d) exemption of any person or class of persons, or property or goods or \r\nclass of property or goods, or services or other things from the levy of a \r\ntax, fee, rate, rent, toll or other charges which is for the time being in \r\nforce under the Act. \r\n(2) Every proposal for levy of a tax, fee, rate, rent, toll or other charges \r\nunder subsection (1) shall, amongst others, mention: \r\n(a) the class of persons, or description of property or goods, or services or \r\nother things on which the proposed tax, fee, rate, rent, toll or other \r\ncharges shall apply; \r\n(b) the method of assessment of the proposed tax, fee, rate, rent, toll or \r\nother charges; and \r\n(c) the incidence at which the tax, fee, rate, rent, toll or other charge is to \r\nbe levied. \r\n(3) As soon as may be after making of a proposal under subsection (1), \r\nthe Head shall, through a public notice, invite suggestions and objections on the \r\nproposal mentioning therein, amongst others, the date and time by which the \r\nsuggestions and objections shall be submitted. \r\n(4) The last date of submission of objections under subsection (3) shall be \r\nfixed in such manner as to allow not less than thirty days comme ncing from the date \r\nof publication of the notice. \r\n(5) Any resident of the relevant local area or a person affected by the \r\nproposal referred to in subsection (1), may submit his suggestions or objections or \r\n50 \r\n \r\n \r\nboth in writing to the Chief Officer by the date and time appointed under subsection \r\n(3). \r\n(6) After having considered all suggestions and, as the case may be, \r\nobjections received under subsection (5), the Head may: \r\n(a) accept suggestions and objections inasmuch as he deems appropriate \r\nand present a revised proposal before the Council in a public meeting; \r\nor \r\n(b) reject the suggestions and objections and present his original proposal \r\nbefore the Council in a public meeting. \r\n(7) The Council may with a simple majority of votes of existing members, \r\napprove the proposal with or without revision. \r\n(8) The local government shall, through notification in the official Gazette, \r\npublish approved tax, fee, rate, rent, toll or other charge, or the suspension or \r\nabolishment or increase or decrease of the incidenc e or any other revision of such \r\ntax, fee, rate, rent, toll or other charge. \r\n(9) Notwithstanding anything contained in the previous local government \r\nlaws, any tax, cess, fee, rate, rent, toll, charge or surcharge, levied and recovered \r\nwithout fulfilling th e requisite procedure or authority, up to the coming into force of \r\nthe Act, shall be deemed to have been validly levied and recovered under the Act; \r\nprovided that the tax, cess, fee, rate, rent, toll, charge or surcharge is levied prior to \r\ncoming into force of the Act. \r\n(10) Subsection (9) shall apply retrospectively to all legal proceeding before \r\nany legal forum. \r\n101. Date on which local taxes, fee, etc. become effective .– Tax, fee, rate, rent, \r\ntoll or other charge approved or the suspension or abolishment or increase or \r\ndecrease of the incidence or any other revision of such tax, fee, rate, rent, toll or \r\nother charge under the Act, shall become effective from the commencement of next \r\nfinancial year. \r\n102. Rating areas and property tax. – (1) On commencement of this Act, a rating \r\narea in which tax has been imposed or saved under the Punjab Local Government \r\nAct, 2019 (XIII of 2019) \r\n2\r\n[or any other local government law for the time being in \r\nforce] shall continu e to be the rating area within the meaning of the Punjab \r\nImmovable Property Tax Act, 1958 (V of 1958) and under this Act until revised. \r\n3\r\n[(2) All urban areas demarcated under this Act shall be the rating areas. \r\n(3) All housing schemes in rural areas, app roved under any law for the \r\ntime being in force, shall also be the rating areas. \r\n \r\n2Inserted by the Punjab Local Government (Amendment) Act 2025 (XV of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 24 March 2025, p. 3597, s. 2(a). \r\n3Substituted by the Punjab Local Government (Amendment) Act 2025 (XV of 2025), published in the Punjab Gazette \r\n(Extraordinary), dated: 24 March 2025, p. 3597, s. 2(b). \r\n51 \r\n \r\n \r\n(4) The urban immovable property tax shall be levied, assessed, collected \r\nand transferred to the local governments under the Punjab Urban Immovable \r\nProperty Tax Act, 1958 (V of 1958).] \r\n103. Unfair local taxes etc.– (1) If at any time, on a representation by the resident \r\nof that local area made to it for this purpose or otherwise, it appears to the Secretary \r\nthat the incidence of a tax, fee, rate, rent, toll or other charge imposed under the Act \r\nis unfair or excessive, the Secretary may, after affording opportunity of hearing, \r\nthrough an order re quire the concerned local government to take, within a specified \r\nperiod, measures to remove the objection. \r\n(2) If a local government fails to comply with the order of the Secretary \r\nunder subsection (1) to their satisfaction within the specified period, t he Secretary, \r\nmay suspend the levy of the objectionable tax, fee, rate, rent, toll or other charge or \r\nof such part thereof until the objection is removed by the concerned local \r\ngovernment. \r\n(3) Any resident of the relevant local area or a person or entity affected by \r\nthe imposition or levy of a tax, fee, rate, rent, toll or other charges may make a \r\nrepresentation to the Secretary under subsection (1). \r\n104. Duty to furnish information on liability to local tax , fee etc.– Every \r\nresident of the respective local area and every other person subject to any tax, fee, \r\nrate, rent, toll or other charges imposed under this Act, shall on demand of the Chief \r\nOfficer or an officer authorized by him in this behalf, furnish such information, \r\nproduce such record or accou nts, or present such goods, vehicles, animals or other \r\nthings which are liable to the tax, fee, rate, rent, toll, or other charges, as may be \r\nnecessary for the purpose of determining their liability to pay the tax, fee, rate, rent, \r\ntoll, or other charges as the case may be or the assessment thereof. \r\n105. Power of entry for valuation of local taxes etc. – The Chief Officer or an \r\nofficer authorized by him in this behalf, may after giving due notice to the occupier, \r\nor, if there is no occupier, to the owner o f a building or premises, at any time \r\nbetween sunrise and sunset, enter upon any building or premises to assess the \r\nliability of that building or premises to any tax or inspecting any goods, vehicles, \r\nanimals or other things therein liable to any tax, fee, rate, rent, toll or other charges \r\nunder this Act. \r\n106. Presentation of bill for local taxes and rates etc. – (1) When any sums \r\nbecome due for payment on account of any tax, fee, rate, rent, toll or other charges \r\nunder this Act, the Chief Officer or any o ther officer authorized by him shall cause to \r\nbe presented to any person liable for payment thereof a bill for the sum claimed as \r\ndue. \r\n(2) Every such bill shall specify the period for which and the property, \r\noccupation, services or things in respect of w hich the sum is claimed and shall also \r\ngive notice of the time by which the sums shall be paid and liability incurred in default \r\nof payment and the time within which an objection may be preferred against such \r\nclaim under this Act. \r\n52 \r\n \r\n \r\n107. Notice of demand t o be issued on non -payment of bill.– (1) If the sum for \r\nwhich a bill has been presented under section 106 of this Act is not paid within the \r\ntime specified therein, the Chief Officer or any other officer authorized by him may \r\ncause to be served upon the pe rson to whom such bill has been presented a notice \r\nof demand in the specified form. \r\n(2) For every such notice of demand, a fee of such amount not exceeding \r\nfifteen per centum of the sums due shall be payable by the said person, and the said \r\namount shall be included in the cost of recovery. \r\n108. Payment of local tax etc. and consequences of default.– (1) A person \r\nupon whom a bill or notice of demand has been served under section 106 or 107 of \r\nthis Act, may: \r\n(a) pay the sum demanded in the bill or notice of demand to the local \r\ngovernment concerned as directed in the bill or notice; or \r\n(b) within fifteen days from the service of such bill or notice of demand \r\nmake an objection in writing to the Chief Officer and show cause to his \r\nsatisfaction as to why he should not pay the sum indicated in the \r\nnotice; or \r\n(c) prefer an appeal in accordance w ith the provisions of section 110 of \r\nthis Act against the determination of a Chief Officer under clause (b) \r\nabove. \r\n(2) Where such person does not pay the sum demanded, or show cause \r\nor prefer an appeal under subsection (1), the Chief Officer may refer a case for the \r\nrecovery of such sums as an arrear of land revenue to the respective Collector. \r\n(3) Every person liable to pay tax, fee, rates, rents or other charges \r\nimposed by the local government shall be personally liable to pay such tax and fee \r\netc. directly to the local government or its authorized person as per the determined \r\namount. \r\nProvided that any person liable to p ay tax, fee etc. shall not enter into a \r\ncontract with a third party for any lesser fixed fee arrangement, which shall be strictly \r\nprohibited and any contravention thereof shall be an offence under this Act. \r\n109. Investigation of objections by Chief Officer.– (1) The Chief Officer shall \r\ncause all objections made before him under section 108 of this Act to be entered in a \r\nregister to be maintained for this purpose and shall give a notice in writing to the \r\nobjector of a time and place at which his objection shall be investigated. \r\n(2) At the time and place fixed under subsection (1), the Chief Officer or \r\nany other officer authorized by him for this purpose, shall hear the objection, in the \r\npresence of the objector or his authorized agent if he appears or may, for reasonable \r\ncause, adjourn the investigation. \r\n(3) When the objection has been determined, the order passed on such \r\nobjection shall be recorded in the register mentioned in subsection (1) and if \r\nnecessary, the bill or demand notice shall be amen ded or withdrawn in accordance \r\nwith the result of investigation. \r\n53 \r\n \r\n \r\n(4) The Chief Officer shall cause to be immediately delivered to the \r\nobjector, free of any charge, a certified copy of the order made by him under \r\nsubsection (3). \r\n110. Appeal against the order of Chief Officer.– (1) A person aggrieved from the \r\norder of a Chief Officer passed under section 109 of the Act, may, within thirty days \r\nof the receipt of such order, file an appeal before Head of the local government \r\nwhich shall be decided within thirty days. \r\n(2) No appeal shall be entertained by Head of the local government unless \r\nit is made in writing and is accompanied by an order of the Chief Officer appealed \r\nagainst. \r\n111. Liability for local tax etc. to be called in question only under this Act.– \r\nNo assessment of a tax, fee, rate, rent, toll or other charges under this Act or the \r\nliability of a person for such tax, fee, rate, rent or toll shall be called in question \r\nexcept in accordance with the provisions of this Act. \r\n112. Payments to be made in authorized banks against receipts .– (1) All sums \r\non account of a tax, fee, rate, rent and any other charges under this Act shall be paid \r\nto the local government through an authorized bank either manually or electronically \r\nunless permission for any o ther method of payment is obtained from the \r\nGovernment. \r\n(2) For all sums paid to a local government on account of any tax, fee, \r\nrate, rent, toll or other charge under this Act, a receipt, stating among other things \r\nthe amount and the tax, fee, rate, toll or other charges on account of which it has \r\nbeen paid, shall be tendered by the person receiving such payment on behalf of the \r\nlocal government. \r\n113. Writing off of irrecover able taxes etc .– (1) At the close of each financial \r\nyear, every Chief Officer shall prepare a statement of all such sums due to the \r\nrespective local government on account of any tax, fee, rate, toll or other charges \r\nwhich, in his opinion, are irrecoverable. \r\n(2) The Chief Officer shall present the statement prepared under \r\nsubsection (1) to the Council and after due consideration, the Council may order that \r\nsuch sums or any part thereof shall be struck off the relevant books kept under \r\nsection 115 of this Act. \r\n(3) The Chief Officer shall cause an authenticated copy of the statement \r\nprepared under subsection (1) along with an authenticated copy of the statement of \r\nstruck off dues to be displayed at a conspicuous place in the office of the local \r\ngovernment for public inspection and shall, on application of any person, also cause \r\nto be furnished to him a copy thereof or any extract thereof on payment of such \r\nreasonable fee as may, from time to time, be fixed by the Council. \r\n114. Tax, fee etc. not to become i nvalid for a defect in form .– (1) No \r\nassessment of value, or charge or demand of any tax, fee, rate, rent, toll or other \r\nlevy made under this Act, shall be called in question or in any way be effected by \r\nreason of:- \r\n54 \r\n \r\n \r\n(a) any mistake in the name, residence, place of business or occupation of \r\nany person liable to pay such tax, fee, rate, rent, toll or other charges; \r\nor \r\n(b) any mistake in the description of any property, service or thing liable to \r\nsuch tax, fee, rate, toll or other charges; or \r\n(c) any mistake in the amount of assessment of such tax, fee, rate, rent, \r\ntoll or other charges; or \r\n(d) any clerical error; or \r\n(e) any other defect of form. \r\n(2) It shall suffice for any assessment of value, or levy or demand of a tax, \r\nfee, rate, rent, toll or other charges that the person, property, service or any other \r\nthing subject thereof is so described as to be sufficiently identifiable. \r\n115. Records pertaining to valuation, assessment and collection of local tax , \r\nfee etc.– (1) Every Chief Officer shall prepare and maintain records pertaining to \r\nvaluation, assessment and collection of all taxes, fees, rates, rents, tolls and other \r\ncharges levied by the local government in the prescribed manner. \r\n(2) All records prepared and maintained by the Chief Officer under \r\nsubsection (1) above shall be authenticated by the respective Head of the local \r\ngovernment. \r\n(3) The Chief Officer shall cause to be displayed at a conspicuous place in \r\nthe office of the local government a copy of all records authenticated under \r\nsubsection (2) above for public inspection and shall, on an application by any \r\nperson, also cause to be furnished to him a copy thereof or any extract thereof on \r\npayment of such reasonable fee as may, from time to time, be fixed by the Council. \r\n116. Appointment of an agency or officer for collection of local tax , fee etc .– \r\n(1) In the interest of economy, efficiency and effectiveness, the Chief Minister may \r\nby a notification in the official Gazette, dir ect that an agency or an officer of the \r\nGovernment engaged in collection of its tax, fee, rate, rent, toll, or other charges \r\nshall also collect one or more taxes, fees, rates, tolls, rents or other charges on the \r\nbehalf of one or more local governments or constitute a separate agency for this \r\npurpose and provisions relating to the authority of the Chief Officer in relation to \r\ncollection of local tax, fee, rate, rent, toll or other charges under this Act shall mutatis \r\nmutandis apply on that agency or officer. \r\n(2) The Agency or officer referred to in subsection (1) shall, to the extent of \r\ncollection of a local tax, fee, rate, rent, toll or other charge be responsible to the \r\nrespective local government. \r\nChapter - XXI \r\nInter-governmental Fiscal Transfers \r\n117. Provincial allocable amount and transfers to the local governments .– (1) \r\nBefore the commencement of each financial year, the Government shall set aside a \r\nportion of moneys likely to be received in the consolidated fund during that financial \r\nyear to be called the provincial allocable amount. \r\n55 \r\n \r\n \r\n(2) The provincial allocable amount shall be transferred to local \r\ngovernments, in accordance with the provisions of section 118 of this Act. \r\n118. Process for determination of provincial allocable amount and sha re of \r\nindividual local governments .– (1) As soon as may be, but not later than six \r\nmonths of the commencement of this Act and at least six months prior to the \r\ncommencement of every fourth financial year thereafter, the Finance Commission \r\nshall make recomme ndation to the Government for establishing formulae for \r\ndetermining: \r\n(a) the size of provincial allocable amount in accordance with the \r\nprinciples set out at section 121 of this Act; and \r\n(b) the share of individual local governments from the provincial allocable \r\namount in accordance with the principles set out in section 122 of this \r\nAct. \r\n(2) Not less than two months before the commencement of each financial \r\nyear, the Finance Commission shall make recommendation to the Government in \r\nrespect of: \r\n(a) the value of provincial allocable amount for that financial year as per \r\nformula determined under clause (a) of subsection (1); and \r\n(b) the moneys to be transferred to each local government in th e Punjab \r\nas per formula determined under clause (b) of subsection (1). \r\n(3) The Government shall, within twenty -one days of the receipt of a \r\nrecommendation under subsection (1) or subsection (2) may: \r\n(a) accept it; or \r\n(b) refer it back to the Finance Commission if it considers that it is not in \r\naccordance with this Act or suffers from a factual error. \r\n(4) The Finance Commission shall, within fifteen days of the receipt of a \r\nreference under clause (b) of subsection (3), consider the views of the Government \r\nand resubmit its recommendation with or without any amendment. \r\n(5) As soon as may be after accepting a recommendation under clause (a) \r\nof subsection (3) or resubmission of a recommendation under subsection (4), the \r\nGovernment shall, having regards to the merits of the recommendation and the \r\nprovisions of this Act, approve the aforesaid formulae with or wi thout any \r\namendment and where required also allocate provincial allocable amount and the \r\nshare of individual local governments from the provincial allocable amount. \r\n(6) The formulae, provincial allocable amount and the shares of individual \r\nlocal governme nts from the provincial allocable amount approved by the \r\nGovernment and the related recommendation of the Finance Commission shall be \r\ntabled in the Provincial Assembly as part of the Finance Bill for the relevant financial \r\nyear. \r\n119. Duty of Finance Commission to consider views of Government and local \r\ngovernments.– In preparing a recommendation for the Government under section \r\n118 of this Act, the Finance Commission may inform itself in the way it considers \r\n56 \r\n \r\n \r\nappropriate and shall also receive, consider and decide any submission made to it \r\nby the Secretary or a local government in this respect. \r\n120. Term of formulae on share of local governments and their revision .– (1) \r\nAfter their approval by the Government, formulae referred to in section 118 of this \r\nAct shall remain in force for the following four financial years. \r\n(2) The Finance Commission shall, at least six months prior to the expiry \r\nof enforcement period of a formula referred to in subsection (1), make \r\nrecommendation to the Government for establishing a fresh formula. \r\n(3) In case the recommendation of the Finance Commission under \r\nsubsection (2) is not approved by the Government before the expiry of aforesaid \r\nenforcement period, the last approved formula shall continue to remain in force till \r\nsuch time that a new formula is approved. \r\n121. Determination of provincial allocable amount .– (1). The provincial \r\nallocable amount shall constitute not less than twenty -six per-centum of the general \r\nrevenue receipts of the Province in the relevant financial y ear for the first two \r\nfinancial years following the commencement of this Act and thereafter constitute not \r\nless than twenty -eight per centum of the general revenue receipt of the Province in \r\nthe relevant financial year \r\n(2) The grant in lieu of Octroi and Zilla Tax being received by local \r\ngovernments at the commencement of this Act shall be included in the provincial \r\nallocable amount to meet the minimum threshold fixed at subsection (1). \r\n(3) Where, after the commencement of this Act, the Government \r\nwithdraws any local tax, fee, rate, rent, toll or any other charge of a local government \r\nin lieu of an equivalent grant, such grant shall not be included in the provincial \r\nallocable amount but shall be transferred to the local governments by the Finance \r\nCommission in accordance with the principles set out in section 122 of this Act. \r\n(4) The final value of the provincial allocable amount shall be worked out \r\non the basis of actual receipts of the Province during a given financial year and a ny \r\nadjustments shall be made accordingly in that or the following financial year. \r\n122. Principles for determining transfers to individual local governments and \r\nrelated grants.– (1) In so far as possible, the share of a local government in the \r\nprovincial allocable amount shall be worked out having regard to the following: \r\n(a) fiscal needs of the local government that is moneys required by it to \r\nmaintain minimum service standards in relation to the functions \r\nassigned to it under this Act; \r\n(b) equalization payments that are the moneys transferred to the local \r\ngovernment to compensate for comparative poverty and backwardness \r\nof the local area; \r\n(c) fiscal capacity that is the potential of the local government to raise local \r\ntaxes, toll, fees, rates and other charges under this Act; \r\n(d) fiscal effort that is the local government is compensated for collecting \r\nhigher local taxes, toll, fees, rates, rents and other charges as against \r\nthe potential to raise them; \r\n57 \r\n \r\n \r\n(e) better expenditure management that is the local g overnment is \r\ncompensated for adherence to financial and procurement rules, \r\nbringing innovations and transparency in its working and achieving \r\nhigher value for money; and \r\n(f) quality of public services that is the local government is compensated \r\nfor maintaining higher quality of public services. \r\n(2) Based on the above, provincial allocable amount shall be transferred to \r\nthe local governments through any one or more of the following means, namely: \r\n(a) General purpose transfers worked out on the basis of prin ciple given at \r\nclause (a), (b) and (c) of subsection (1); and \r\n(b) Performance grants worked out on the basis of principles given in \r\nclause (d), (e) and (f) of subsection (1). \r\nPART - 5 \r\nCOMMUNITY EMPOWERMENT AND MOBILIZATION \r\nChapter - XXII \r\nCommunity Mobilization through Community Council and Panchayat \r\n123. Community Council and Panchayat .– (1) A urban Union Council may \r\nconstitute Community Councils for its local area, in the prescribed manner. \r\n(2) A rural Union Council may constitute Panchayats for its local area, in \r\nthe prescribed manner. \r\n(3) A Community Council or a Panchayat shall consist of a panel of not \r\nmore than five members, including at least two women, to be nominated by the \r\nconcerned Union Council as the case may be, from amongs t residents of its local \r\narea. \r\nProvided that no elected official of a local government shall be appointed as a \r\nmember of the Community Council or Panchayat. \r\n(4) In case a Union Council fails to constitute their respective Community \r\nCouncils or Panchayats respectively or nominate its members, the Head of local \r\ngovernment in whose local area, such Union Council as the case may be, is situated \r\nshall, constitute the same and also nominate the members. \r\n(5) The members of Community Council or Panchayat shall be nominated \r\nfor the term of Union Council. \r\n(6) Any casual vacancy in the panel of members of the Community Council \r\nor Panchayat shall be filled, as soon as may be, but not later than thirty days from \r\nthe occurrence of the vacancy. \r\n(7) Where in the opinion of the nominating local government, a member of \r\nCommunity Council or Panchayat is accused of consistent partiality and malpractices \r\nin the performance of its functions, the respective Union Council may, subject to an \r\nopportunity of hearing, remove such member and nominate another member in his \r\nplace to complete the residual term of such removed member. \r\n58 \r\n \r\n \r\n(8) An appeals against the decision under sub -section (7) may be filed \r\nwithin fifteen days to the Assistant Director of the Department of concerned Tehsil, \r\nwho shall decide the same within the period of one month. \r\n124. General functions of Community Council or Panchayat .– (1) The general \r\nfunctions of the Community Council or Panchayat shall be to- \r\n(a) prevent and abate nuisances in public ways, public streets and public \r\nplaces; \r\n(b) mobilize voluntary resources, including physical labour and \r\nmanpower, property and cash contributions for municipal and welfare \r\nactivities in the local area including provision o f education and \r\narrangement of marriages of deserving poor and needy residents; \r\n(c) facilitate the formation of co -operatives for improving economic \r\nreturns and reduction of interstitial poverty and consumer protection; \r\n(d) report cases of handicapped, destitute, and of extreme poverty to the \r\nrespective local government and raise funds on self -help basis for \r\ntheir welfare; \r\n(e) mobilise the community involvement in maintenance of public streets, \r\nplay grounds, parks, culverts and public buildings, de -silting of canals \r\nand watercourses; \r\n(f) promote plantation of trees, landscaping and beautification of the \r\nUnion Council; \r\n(g) reporting attendance and absence of government officials; \r\n(h) organise watch and ward in the area through unarmed Union Council \r\nguards; \r\n(i) reporting price control violations and represent the interest of \r\nconsumers; \r\n(j) reporting bonded and child labor and efforts for their rehabilitation; \r\n(k) reporting instances of domestic violence and crime against children \r\nand women; \r\n(l) reporting of crime; \r\n(m) reporting of loss, damage or threat to public property and \r\ninfrastructure; \r\n(n) reporting of outbreak of diseases and fire etc; \r\n(o) reporting violations of laws committing or being apprehended in the \r\nvicinity / local area, to the concerned authorities; \r\n(p) assisting the Government and the local g overnments in public \r\nawareness campaigns \r\n(q) coordination with other adjoining Community Councils and \r\nPanchayats and \r\n59 \r\n \r\n \r\n(r) to perform any other function given by the local governments or the \r\nGovernment. \r\n(2) The Community Council or Panchayat shall assist its respec tive Union \r\nCouncil in- \r\n(a) conducting surveys in the Union Council and collecting socio-economic \r\ndata; \r\n(b) selecting sites for providing municipal facilities and services; \r\n(c) identifying encroachments; \r\n(d) managing burial places and cremation grounds of the rural Union \r\nCouncil; \r\n(e) managing and lighting of Union Council roads, streets, and paths; and \r\n(f) facilitate in collecting land revenue and other taxes. \r\n(3) A Union Council may, subject to such terms and conditions as may be \r\nmutually agreed, entrust any of its functions to the Community Council or Panchayat: \r\nprovided that responsibility for discharge of such functions shall continue to \r\nvest with the Union Council: \r\nprovided further that no function or responsibility shall be transferred without \r\nallocation of corresponding resources and funds. \r\n125. Amicable settlement of disputes .– (1) A Community Council or Panchayat \r\nshall use their good offices to achieve the amicabl e settlement of disputes amongst \r\nthe people in their respective local areas, in the prescribed manner. \r\n(2) Any person may refer his civil, family or criminal dispute to the \r\nCommunity Council or Panchayat where the dispute has arisen within the territorial \r\njurisdiction of the Community Council or Panchayat or where parties to the dispute \r\nare residing in such are a or where the parties to the dispute have agreed to submit \r\nthemselves to the jurisdiction of the Community Council or Panchayat. \r\n(3) The Community Council or Panchayat shall make efforts for amicable \r\nsettlement of the dispute between the parties and it shall record its findings through \r\nagreement between the parties. \r\n(4) If, in the opinion of the Community Council or Panchayat, a party to the \r\ndispute has willfully obstructed settlement of such dispute, it may record its findings \r\nto that effect for further consideration of the competent forum. \r\n(5) The Community Council or Panchayat shall not assume jurisdiction in a \r\nnon-compoundable offence. \r\n(6) Every settlement of a dispute by Community Council or Panchayat in a \r\ncase pending before a court shall be subject to the approval of such court. \r\n(7) The parties to the dispute may agree to add any other person as a \r\nmember of Community Council or Panchayat for their dispute and such person shall \r\nbe treated as a member of the Community Council or Panchayat only to the extent of \r\nthat particular case. \r\n60 \r\n \r\n \r\n126. Reference by Courts etc.– (1) A court may refer a dispute to any Community \r\nCouncil or Panchayat functioning within its territorial jurisdiction for amicable \r\nsettlement of the dispute. \r\n(2) The court making a reference to the Community Council or Panchayat \r\nunder subsection (1) may lay down the procedure for summoning the parties to the \r\ndispute, the terms of reference, the period during which settlement is to be made, the \r\nmanner in which repor t of the settlement is to be submitted and such other matters \r\nas it may deem appropriate for resolution of the dispute. \r\n(3) Where, on a reference made by the court under subsection (1), the \r\ndispute is settled between the parties, the court may make such settlement as a \r\nruling of the court. \r\n(4) The Community Council or Panchayat shall inform the court if the \r\ndispute is not settled within the time fixed by the court or may ask for extension in \r\ntime for settlement of the dispute. \r\n(5) An officer in charge of a police station may refer a compoundable case \r\nto a Community Council or Panchayat, for amicable settlement of dispute between \r\nthe parties. \r\n127. Conflict of interest .– (1) A member of a Community Council or Panchayat \r\nshall not take part in the procee dings of the Community Council or Panchayat \r\nrelating to a dispute if he has any conflict of interest. \r\n(2) If there is a conflict of interest of a member of the Community Council \r\nor Panchayat in a particular case, the Chairperson of the Union Council may appoint \r\nany other eligible person as member of the Community Council or Panchayat for that \r\ncase, in place of the member who has conflict of interest in the case. \r\n128. Procedure of settlement of disputes .– (1) The Convener of the Community \r\nCouncil or Panchayat, selected in the prescribed manner, shall: \r\n(a) convene meetings of the Community Council or Panchayat on such \r\ndate and at such place in its local area, as may be necessary or \r\nappropriate; and \r\n(b) conduct the proceedings informally for amicable settlement of disputes. \r\n(2) A legal practitioner shall not be permitted to take part in the \r\nproceedings of a Community Council or Panchayat on behalf of any party. \r\nCHAPTER - XXIII \r\nCommunity Based Organizations \r\n129. Composition of Community Based Organizations.– (1) In every local area, \r\ngroups of non -elected citizens may, through voluntary, proactive and self -help \r\ninitiatives, set up any number of Community Based Organizations, and such \r\nCommunity Ba sed Organizations shall be set up for the purposes of, inter alia , \r\nenergizing the community for development and improvement in service delivery, \r\ndevelopment and management of a new or existing public facility, identification of \r\ndevelopment and municipal ne eds, mobilization of stakeholders for community \r\ninvolvement in the improvement and maintenance of facilities, welfare of the \r\n61 \r\n \r\n \r\nhandicapped, destitute, widows and families in extreme poverty, establishment of \r\nfarming, marketing and consumers cooperatives; pro vided that grants shall be \r\navailable subject to the provisions of section 78. \r\n (2) Notwithstanding anything to the contrary contained in subsection (1), \r\nno person shall be eligible to set up a Community Based Organization or become its \r\nmember or hold the o ffice of the President or General Secretary of a Community \r\nBased Organization, if such person- \r\n(a) is a minor; or \r\n(b) is of unsound mind; or \r\n(c) has applied to be adjudicated as an insolvent and his application is \r\npending; or \r\n(d) is an undischarged insolvent; or \r\n(e) is a defaulter under law and his name has been published as such. \r\n (3) In carrying out its purposes, a Community Based Organization may \r\ninteract with voluntary organizations for community welfare. \r\n (4) A Community Based Organization shall be registered with the \r\nregistration authority and shall carry on its functions and activities in such manner \r\nand subject to such rules as may be prescribed. \r\n (5) A Community Based Organization shall have a general body of its \r\nmembers who shall elect a President, Executive Committee and a General Secretary \r\nof the Organization for carrying out its functions. \r\n (6) The term of office of the President, Executive Committee and a \r\nGeneral Secretary of a Community Based Organization shall be two years \r\nextendable through election for a similar term or terms by the general body. \r\n (7) The liability of the Executive Committee of a Community Based \r\nOrganization, its officers and members shall be as prescribed. \r\n130. Conduct of Business .– (1) All business of the Community Based \r\nOrganization shall be disposed of in its meetings which shall be presided over by the \r\nPresident. \r\n (2) The Executive Committee of the Community Based Organization shall \r\nhold its meetings at least once in every three months. \r\n (3) The quorum of the meet ings of the Executive Committee of the \r\nCommunity Based Organizations shall be forty per centum of the total membership \r\nof the Executive Committee. \r\n (4) The quorum of the meetings of the general body of the Community \r\nBased Organization shall be one fourth of its total membership. \r\n (5) The General Secretary of the Community Based Organizations shall be \r\nresponsible for recording the proceedings of the meetings and maintaining financial \r\nand accounting records. \r\n (6) The General Secretary shall present the annua l statement of accounts \r\nin the annual meeting of the Community Based Organization and after its approval \r\n62 \r\n \r\n \r\nthe statement shall be submitted to the registration authority or, such other authority \r\nas may be prescribed, within thirty days or such other period specified in this behalf. \r\n (7) The Community Based Organization may, in its general meeting, \r\nremove any office bearer or member by a resolution on account of unsatisfactory \r\nperformance or misconduct. \r\n (8) The President and General Secretary shall be respons ible for safe \r\ncustody and management of property and assets of the Community Based \r\nOrganization. \r\n (9) All funds of the Community Based Organization shall be kept in a bank \r\nor post office and all transactions shall be made through cheques. \r\n(10) The accounts of the Community Based Organization shall be operated \r\njointly by the President and the General Secretary. \r\n(11) The accounts of the Community Based Organization shall be \r\nmaintained by the Secretary. \r\n131. Raising of funds by Community Based Organization .– (1) The Community \r\nBased Organizations may raise funds through voluntary contributions, gifts, \r\ndonations, grants and endowments for its declared purposes without compromising \r\nthe larger interest of the community. \r\n (2) A Community Based Organization may also receive project -based \r\ncost-sharing support from any local government in accordance with the provisions of \r\nthis Act. \r\n132. Community Based Organization to be a non-profit organization.– (1) The \r\nCommunity Based Organization shall be a non-profit organization and its income and \r\nassets shall be used solely for the attainment of its objectives. \r\n (2) The properties and income of a Community Based Organization shall \r\nvest, and be held, in the name of its Executive Committee and shall sue and be sued \r\nin the name of i ts Executive Committee. No portion of its income shall be paid by \r\nway of salary, dividend, profit or bonus or otherwise be distributed to any of its \r\nmembers or contributors. \r\n (3) If a Community Based Organization is not carrying on its functions and \r\nactivities in accordance with this Act, the registration authority may appoint an \r\nadministrator, with such powers and functions as the registration authority deems \r\nappropriate for running its affairs, taking over its assets, dissolving it, holding fresh \r\nelections or for the disposal of any other matter. \r\n (4) Where a local government has contributed towards creation of any \r\nassets or funds of a Community Based Organization, in case of dissolution or de -\r\nregistration, its assets shall pass on to such local government and the assets shall \r\ncontinue to be used for community welfare by the local government through any of \r\nits agencies or any other Community Based Organization designated by such local \r\ngovernment in this behalf. \r\n (5) The accounts of the Community Based Organization shall be subject to \r\naudit as may be prescribed. \r\n63 \r\n \r\n \r\nPART 6 \r\nACCOUNTABILITY, TRANSPARENCY, OVERSIGHT AND RESPONSIVENESS \r\nChapter XXIV \r\nInternal Controls \r\n133. Power of the Council to remove a Head of the local government, Deputy \r\nMayor, Vice Chairperson and Speaker.– (1) A Head of the local government, \r\nDeputy Mayor, a Vice Chairperson or a speaker shall, in the prescribed manner, \r\nstand removed from his office if the respective Council, through a resolution passed \r\nby two -third majority of the Councillors for the time be ing holding office, decide to \r\nremove him on the ground of misconduct under this Act or if, in their opinion, his \r\nremoval appears to have become necessary for effective performance of functions \r\nby the local government. \r\n(2) Without prejudice to any other provision of this Act, where a resolution \r\nfor the removal of a Head of the local government, Deputy Mayor, Vice Chairman or \r\na Speaker succeeds, he shall stand removed and the vacancy shall be filled in the \r\nmanner provided under section 69 and 70 of this Act. \r\n134. Certain limitations to apply in bringing a resolution for removal of a \r\nHead of local government and Speaker .– No resolution for the removal of a Head \r\nof the local government, Deputy Mayor, Vice Chairman, or a Speake r shall be \r\nproposed or approved by the Council unless a period of twelve months has elapsed \r\nafter the assumption of office by him or where a period of twelve months is remaining \r\nin completion of the term of the Council. \r\n135. Oversight through committees of the Council .– (1) A Council may \r\nconstitute such monitoring committees as it deems appropriate to oversee and report \r\nupon the performance of local government in its various functions and ancillary \r\nmatters. \r\n(2) Among other things, such committees shall report upon: \r\n(a) achievement of any targets set out by the Head of the local \r\ngovernment or the Council; \r\n(b) degree of responsiveness of the local government to citizens needs; \r\nand \r\n(c) access to and quality of public services delivered by the local \r\ngovernment. \r\n(3) Upon consideration of report submitted by a committee, the Council \r\nmay, through a resolution passed with simple majority of votes of Councillors present \r\nand voting, require the Head of the local government to take such action as it \r\nconsiders appropriate to effect improvement or remedy a defect or irregularity. \r\n(4) During its work, a monitoring committee shall not intrude or interfere in \r\nor control the work of any officer of the local government. \r\n(5) A member of the monitoring committee involved in violation of any \r\nprovision of subsection (4) shall be removed from the monitoring committee by the \r\nrespective Council. \r\n64 \r\n \r\n \r\n136. Internal inspections .– (1) A Head of the local government may, through a \r\nwritten order, require the Chief Officer to conduct inspections to examine and report \r\nupon the performance of the local government either personally or through such \r\nother officer of the local government as the Head of the local government considers \r\nappropriate. \r\n(2) Nothing in subsection (1) shall be construed to curtail the authority of \r\nthe Head of the local government to inspect various offices and performance of the \r\nlocal government personally. \r\n137. Internal inquiries.– The Head of the local government may, by an order in \r\nwriting, require the Chief Officer to inquire into any matter concerning the local \r\ngovernment either personally or through any other officer of the local government \r\nand submit a report along with the proceedings of the inquiry to him within such \r\nperiod as he may direct. \r\n138. Complaint Cell .– Every local government shall set up a complaint cell for \r\nredressal of grievances within the ambit of their responsibilities under this Act. \r\n139. Right to information.– (1) Every resident may seek any in formation which is \r\nin the possession of the respective local government. \r\n(2) It shall be the duty of the local government to provide full and correct \r\ninformation referred to in subsection (1) within fourteen days of receipt of every \r\nrequest. \r\n(3) Such i nformation, which the Secretary may from time to time direct, \r\nshall as far as possible, be displayed at a prominent place within the premises of the \r\noffice of the local government for access by the citizens. \r\nChapter - XXV \r\nTransparency \r\n140. General rules of conduct.– (1) While performing any duty or exercising any \r\npower under this Act, it shall be the duty of every elected official, Chief Officer, \r\nofficer, and servant of the local government to: \r\n(a) act honestly, fairly and transparently; \r\n(b) exercise due care and diligence; and \r\n(c) not to make improper use of his office or information acquired by him \r\nbecause of his being in such office to gain or attempt to gain, directly or \r\nindirectly, an advantage for himself or for any other person; or ca use or \r\nattempt to cause any detriment to a local government. \r\n141. Conflict of interest.– (1) For the purpose of this Chapter, an elected official, \r\nChief Officer, officer or servant of the local government or any other person shall be \r\ndeemed to have a con flict of interest in respect of a contract, proposed contract or \r\nany other matter to be discussed or decided by that local government, Council or any \r\nof its committee or sub-committee, as the case may be, of which he is a member, if: \r\n(a) he or any of his immediate relatives, or his employer or employee in \r\nrelation to that contract, proposed contract or any other matter: \r\n65 \r\n \r\n \r\n(i) would receive or have a reasonable expectation of receiving, a \r\ndirect or indirect pecuniary or some other benefit, share or \r\ninterest; or \r\n(ii) would suffer or have a reasonable expectation of suffering, a \r\ndirect or indirect pecuniary or some other detriment; or \r\n(iii) could be reasonably perceived as receiving a direct or indirect \r\npecuniary or some other benefit, share or interest or suffering a \r\ndirect or indirect pecuniary or some other detriment; or \r\n(b) he has professionally acted in relation to that contract, proposed \r\ncontract or any other matter on behalf of any person having therein \r\nsuch share or interest as aforesaid; or \r\n(c) he is of th e opinion or could be reasonably perceived to have such \r\nopinion that the nature of his interest in the contract, proposed contract \r\nor other matter is such that it may conflict with the proper performance \r\nof his public duties in respect of that contract, pr oposed contract or \r\nother matter. \r\n(2) No person shall be deemed to have a conflict of interest in a contract, \r\nproposed contract or any other matter for the purposes of this section if his interest \r\narises solely due to his being a voter, local resident or tax payer to the local \r\ngovernment and is held in common with other voters, local residents and tax payers. \r\n142. Duty to abstain from proceedings in case of conflict of interest .– (1) \r\nWhen any contract, proposed contract or any other matter is to be, or is likely to be \r\nconsidered or discussed at a meeting of a local government, Council or any of its \r\ncommittee or sub -committee, the elected official, officer or servant of that local \r\ngovernment or any other relevant person, who has a conflict of interest in respect of \r\nsuch contract, proposed contract or any other matter shall: \r\n(a) if he is present at the meeting, forthwith disclose the nature of his \r\nconflict of interest and leave the meeting after notifying the Speaker or \r\nthe person presiding the meeting or the chairperson of the committee \r\nor sub-committee, as the case may; \r\n(b) if he has a prior knowledge of the consideration or discussion as \r\naforesaid, disclose the nature of his conflict of interest to the Speaker \r\nor the chairperson of the committee or su b-committee as the case may \r\nbe and abstain from the meeting. \r\n(2) A person who has a conflict of interest shall not preside over, take part \r\nin the proceedings or vote on any question with respect to the contract, proposed \r\ncontract or any other matter in respect of which his conflict of interest exists. \r\nExplanation: For the purpose of this section “gain” means and includes any form of \r\nenrichment, benefit or advantage whatsoever which may have accrued to or been \r\nacquired by or which may accrue to or be acqu ired by the person or his immediate \r\nrelatives, or an employer or employee. \r\n66 \r\n \r\n \r\n143. Code of Conduct for elected officials and officers etc .– (1) The \r\nGovernment shall prescribe a Code of Conduct for the elected officials, officers and \r\nservants of the local government. \r\n(2) In addition to any other matter considered appropriate by the \r\nGovernment, the Code of Conduct shall address the following matters: \r\n(a) standards for ethical conduct; \r\n(b) procedures for resolution of disputes between the elected officials; and \r\n(c) procedure for dealing or interacting with Chief Officer, officers and \r\nservants of the local government and officers and servants of the \r\nGovernment. \r\n(3) The Chief Officer shall cause a copy of the Code of Conduct to be \r\nmade available to the public for inspection at the office of the local government \r\nduring usual office hours. \r\n144. Misconduct.– For the purpose of this Act, an elected official, Chief Officer, \r\nany other officer or servant of the local government, or any other person shall be \r\nguilty of misconduct if he: \r\n(a) violates any provision of the Code of Conduct prescribed under this \r\nAct; \r\n(b) derelicts from duty or shows gross negligence in performance of duties \r\nwith manifest wrongful intent; \r\n(c) knowingly violates any provision of this Act or lawful directions or \r\norders of the Government; \r\n(d) involves in an act that results in wrongful gain to himself or to any other \r\nperson; \r\n(e) exercises powers or authority vested in him under this Act or any other \r\nlaw for the time being in force or fails to or refuses to exercise such \r\npowers or authority, for corrupt, unlawful or improper motives; and \r\n(f) attempts at, or abets any act which constitutes misconduct under this \r\nsection. \r\n145. Certain orders to be in writing or to be reduced to writing .– (1) A Head, \r\nDeputy Mayor, Vice Chairman, Speaker, committee or sub-committee of the Council, \r\nand all officer s and servants of the local government shall act through or under a \r\nwritten order, if: \r\n(a) this Act or any other law for the time being in force requires that the act \r\nshall be done through a written order; \r\n(b) the act pertains to exercise of any authori ty under this Act or any other \r\nlaw for the time being in force; \r\n(c) the act is, in view of the Head of the local government or the Chief \r\nOfficer, of sufficient importance; and \r\n(d) it has been required as such by the Government for the purposes of \r\nthis section. \r\n67 \r\n \r\n \r\n(2) A verbal instruction which in view of the officer or servant of the local \r\ngovernment receiving it: \r\n(a) requires a written order in terms of subsection (1) above, shall be \r\nreferred back by him to the authority giving such instruction for \r\nobtaining a written order; \r\n(b) is lawful and otherwise appropriate and requires immediate action, \r\nshall be acted upon an d thereafter reduced to writing and submitted by \r\nhim to the authority giving such instruction for confirmation; \r\n(c) is unlawful or otherwise inappropriate, shall forthwith be reduced in \r\nwriting and submitted by him to the authority giving such instructio n \r\nwith the reasons for considering the instruction unlawful or, as the case \r\nmay be, inappropriate; or \r\n(d) is lawful and otherwise appropriate but does not require immediate \r\naction, shall be reduced in writing and submitted by him to the authority \r\ngiving such instruction for approval before acting upon. \r\nPART - 7 \r\n GOVERNMENT - LOCAL GOVERNMENTS RELATIONS \r\nChapter - XXVI \r\nOversight by the Government \r\n146. Supervision of local governments .– (1) The Chief Minister may, from time \r\nto time, give policy directions and fix objectives for the effective, transparent and \r\nefficient undertaking of functions by a local government. \r\n(2) The Minister in charge of the Department may, by a general or special \r\norder, direct a local government to take any measure in the public interest, where \r\nsituation demands immediate action. \r\n(3) The Secretary shall exercise supervision and general control o ver the \r\nlocal governments to ensure that they always act in the public interest and perform \r\ntheir functions strictly in accordance with the provisions of this Act and all other \r\nrelevant laws for the time being in force. \r\n(4) The Secretary may direct office of Directorate General Inspections and \r\nMonitoring to probe into any matter relating to the functions of the local government \r\nor conduct of elected Officials , Officers and officials of the local government s and \r\nsubmit a fact finding report with specific recommendations to deal with the matter. \r\n(5) Based on the above report, the Secretary may direct the concerned \r\nlocal government to take measures for effective service delivery and smooth \r\nfunctioning in accordance with the law. \r\n(6) The Secretary may , in case of elected officials, refer the matter to the \r\nCommission for appropriate proceedings under this Act , and in case of other officials \r\ntake action under the law. \r\n(7) The Secretary , with the approval of Minist er, may issue standing \r\ninstructions on general matters relating to the work of local governments which shall \r\nbe consistent with this Act and rules made thereunder. \r\n68 \r\n \r\n \r\n(8) The Secretary, may issue an advice on general matters relating to the \r\nwork of local governments which shall be consistent with the Act , rules and standing \r\ninstructions. \r\n147. Power to call for information.– (1) Chief Minister, Minister or Secretary may, \r\nthrough a general or specific order, require a Chief Officer to provide to him, by suc h \r\ntime or at such intervals as is specified in the order: \r\n(a) any record pertaining to the proceedings of the Council, a committee or \r\nsub-committee of the Council or any other meeting of the local \r\ngovernment; \r\n(b) a resolution of the Council or any record pertaining to such resolution; \r\n(c) a bye -law promulgated by the local government or any record \r\npertaining to such bye-law; \r\n(d) an order or instruction of the Head, Deputy Mayor, Vice Chairperson, \r\nSpeaker, Councillor, or any officer or servant of the local government \r\nand record pertaining to such order or instruction; \r\n(e) a document, return, statement, estimate, statistics or other information \r\nregarding any matter pertaining to or under the control of the local \r\ngovernment; \r\n(f) a report on any matter pertaining to or under the control of a local \r\ngovernment; and \r\n(g) a copy of a document in his charge or under the control of a local \r\ngovernment. \r\n(2) It shall be duty of the Head, Deputy Mayor, Vice Chairperson, Speaker, \r\nCouncillor, officer and servant of the local government to provide such information, \r\ndocuments and record to the Chief Officer as he may require and otherwise assist \r\nhim for the purposes of this section. \r\n148. Power of the Secretary to suspend and set aside certain resolutions or \r\norders of local government .– (1) The Secretary may, by a speaking order in \r\nwriting, suspend a resolution or order of a local government if he finds that the \r\nresolution or order: \r\n(a) is not in conformity with this Act or with the rules or bye -laws made \r\nthereunder or any other law for the time being in force; \r\n(b) is prejudicial to the public interest; or \r\n(c) is likely to lead to a breach of peace or to cause injury or annoyance to \r\nthe public or any class or body of a person. \r\n(2) A copy of the order under subsection (1) shall be sent to the respective \r\nHead of the local government who shall consider the matter afresh. \r\n(3) The local government shall, after taking the matter into consideration, \r\npass a resolution or an order afresh and send a copy thereof together with a copy of \r\nthe proceedings relating to that resolution or order to the Secretary. \r\n69 \r\n \r\n \r\n(4) The Secretary may, aft er considering the resolution or the order \r\npassed by the local government under subsection (3) and the proceedings related to \r\nthat resolution, either cancel, modify or confirm the order passed by him under \r\nsubsection (1) or take such other action in respec t of the matter including setting \r\naside of the resolution or order, if it is considered just or expedient having regards to \r\nthe circumstances of the case. \r\n(5) Any resolution or order passed by a local government or any act or \r\nthing done or intended to be done by a local government which is revoked or \r\nprohibited by the Secretary shall cease to have effect from the date of setting aside \r\nof the resolution or order. \r\n(6) A local government or any person aggrieved from the order under \r\nsubsection (4,) may within thirty days, file an appeal before the Commission. \r\n(7) The Commission shall decide the appeal within ninety days. \r\n149. Procedure where Head of the local government fails to show cause or to \r\ntake action on directions under th e Act.– If within the period specified in an order \r\nunder section 148, any measure or arrangement directed thereunder has not been \r\nduly taken or made, or cause has not been shown as aforesaid, the Minister in \r\ncharge of the Department may, by a written order: \r\n(a) withhold transfer of all moneys or such portion of moneys receivable by \r\nthat local government from the provincial allocable amount as it deems \r\nappropriate till such time as the measures or arrangements directed \r\nare duly taken or made; or \r\n(b) impose a fine on the local government not exceeding two per centum \r\nof the moneys receivable by the local government from the provincial \r\nallocable amount during the relevant financial year. \r\n150. Power of the Secretary to take action on his own .– (1) Where, in view of \r\nthe circumstances of the local government or the immediate nature of the \r\narrangement or measure, the Secretary is of the opinion that the arrangements or \r\nmeasures should be made or taken, he may, by an order, direct the Head of the local \r\ngovernment, to make such arrangement or take such measures within a specified \r\nperiod. \r\n(2) Where the Head of a local government fails to act within the period \r\nspecified under subsection (1) or the cause shown by him, in the opinion of the \r\nSecretary, is unsatisfactory, the Se cretary may by an order appoint any of his \r\nsubordinate officer to take the action so directed. \r\n(3) The Secretary or an officer appointed under subsection (2) may for the \r\npurpose of taking the action directed, exercise all powers and authority conferred \r\nupon the local government or an officer of the local government by or under this Act \r\nwhich are specified in that behalf in the order issued under subsection (2). \r\n151. Suspension or dissolution of a local government .– (1) Without any \r\nprejudice to other prov isions of this Act, where, in view of the appertaining \r\ncircumstances, the Chief Minister is of the opinion that a local government may be \r\nsuspended for any of the following reasons: \r\n70 \r\n \r\n \r\n(a) the Council has been unable to meet its statutory obligations for the \r\nlast two financial years; or \r\n(b) the local government becomes insolvent and remains so for a period of \r\none financial year \r\n(2) The Chief Minister shall, through an order direct the respective Head of \r\nthe local government to show cause within a specified period as t o why proceedings \r\nfor suspension of the local government shall not be initiated. \r\n(3) Where the Head of the local government fails to show cause within the \r\nspecified period or the cause shown by him is, in the opinion of the Chief Minister, \r\nunsatisfactory, the Chief Minister may suspend it for a specified period, which shall in \r\nno circumstances exceed six months and shall make a reference to the Commission \r\nfor an inquiry as to whether such reason or reasons exist for the dissolution of such \r\nlocal government. \r\n(4) Where, as a result of an inquiry under subsection (3), after hearing all \r\nthe stakeholders, the Commission is of the view that one or more reasons mentioned \r\nin this section exist and the local government may be dissolved, the Commission \r\nshall submit its findings to the Chief Minister who may, by an order published in the \r\nofficial Gazette, dissolve that local government. \r\n152. Effect of suspension or dissolution of a local government .– (1) Without \r\nany prejudice to other pr ovisions of this Act, consequent to an order under section \r\n151 of this Act: \r\n(a) all elected officials of the suspended or dissolved local government \r\nshall stand suspended or dissolved forthwith; \r\n(b) all powers, duties and functions of the local government shall, during \r\nthe period of suspension or dissolution, be exercised and performed by \r\nsuch of its officer or authority as the Secretary may appoint in this \r\nbehalf; and \r\n(c) all funds and properties vested in the local government shall, during the \r\nperiod of suspension or dissolution, vest in the officer or authority \r\nreferred to in clause (b) above as a trust for the purpose of this Act. \r\n (2) Where, at the time of dissolution, the remaining term in of fice of the \r\ncouncil is in excess of one hundred and twenty days, the Election Commission shall \r\norder fresh elections in the respective local area, so far as possible, and if, at the \r\ntime of such dissolution, the remaining term in office of the council is l ess than one \r\nhundred and twenty days, the officer or authority referred to in clause (b) of \r\nsubsection (1) above shall continue to exercise powers and perform duties and \r\nfunctions of the local government and its funds and properties shall continue to vest \r\nin him till an elected council resumes office. \r\n153. Reinstatement of suspended local government .– A local government, if \r\nnot earlier reinstated by the Chief Minister, shall stand reinstated into office \r\nimmediately on the expiry of period of suspension subject to provisions of Section \r\n151. \r\n71 \r\n \r\n \r\nPART 8 \r\nCOORDINATION AND CONFLICT MANAGEMENT \r\nChapter - XXVII \r\nPunjab Local Government Commission \r\n154. Establishment of Punjab Local Government Commission .– The \r\nGovernment shall constitute Punjab Local Government Commission to perform such \r\nfunctions as are conferred upon it by or under this Act. \r\n155. Chairperson and members of the Commission.– (1) The Commission shall \r\ncomprise of eleven members including the Chairperson as under: \r\n(a) Minister in charge of the Department, who shall also be the \r\nChairperson of the Commission; \r\n(b) four members of Provincial Assembly of the Punjab, of whom two shall \r\nbe appointed by the leader of the house and the other two by the \r\nleader of the opposition in the Assembly; \r\n(c) the Secretary of the Department who shall also be the Secretary of the \r\nCommission; \r\n(d) Secretary to the Government, Law and Parliamentary Affairs \r\nDepartment; \r\n(e) Four expert members including one woman, to be appointed by the \r\nChief Minister, in terms of section 158 of this Act. \r\n(2) In the case of absence of the Minister fo r any reason, the members \r\nshall elect one of the members present at the meeting to be the Chairperson for th at \r\nparticular meeting. \r\n(3) The Commission may co-opt any other person for advice or assistance \r\nin relation to a particular matter under its consideration; however, the co -opted \r\nmembers shall have no right of vote. \r\n(4) No proceedings or act of the Commission shall be invalid merely on the \r\nground of existence of a vacancy or defect in composition of the Commission. \r\n(5) The members of the Commission shall be paid such remuneration as \r\nthe Government may, from time to time, determine and the honorarium of a member \r\nshall not be varied to his disadvantage during his term in office. \r\n156. Term of office and premature removal of certain members .– (1) The \r\nMinister and Secretaries referred to in section 155 shall hold office on ex officio \r\nbasis. \r\n(2) A member of the Commission mentioned under clause (e) of \r\nsubsection (1) of section 155 shall hold office fo r four years and may, at any time, \r\nresign from office under his hand to the Chairperson of the Commission. \r\n(3) The Chief Minister may, after due notice and inquiry, remove any \r\nmember of the Commission, not being the Minister or a Secretary referred to in \r\nsection 155 of this Act, during the tenure of his office on the grounds of inefficiency, \r\n72 \r\n \r\n \r\nmisconduct, misuse of office or inability to perform functions due to bad health or \r\nphysical or mental incapacity. \r\n(4) A person shall not be eligible for appointmen t as a member of the \r\nCommission if he has previously been removed from his office under subsection (3). \r\n157. Casual vacancy.– (1) Where the position of a member, not being the Minister \r\nor a Secretary to the Government, becomes vacant on account of his re signation, \r\nremoval, death or for any other cause, the Government shall appoint a person to fill \r\nthis vacancy in the same manner as was applicable for the selection of that member. \r\n(2) A person appointed under subsection (1) shall hold office for the \r\nremainder of the term of office of the member whom he replaces. \r\n158. Eligibility for appointment of expert members .– (1) A person shall be \r\neligible for appointment as an expert member under section 155 of this Act, only if: \r\n(a) he has at least sixteen year s education from an institution recognized \r\nby the Higher Education Commission of Pakistan, in a discipline related \r\nto one or more functions of the Commission, possesses special \r\nknowledge of local government and their work with at least ten years \r\nrelevant e xperience in municipal services and finance, public \r\nadministration and local governance, law and dispensation of justice, \r\ncommunity development or any other related areas relevant for the \r\npurposes of this Act; and \r\n(b) he is not in the service of Pakistan or any office or body which is set \r\nup, or owned or controlled by the Government, or a local government in \r\nthe Punjab, or in which the Government or a local government has a \r\ncontrolling share or interest. \r\n(2) A person who has previously remained as an expe rt member shall be \r\neligible for re-appointment as a member of the Commission. \r\n159. Oath of office of members of the Commission .– Before assuming the \r\ncharge of office, every member of the Commission shall make an oath in the form \r\nset out in the Fourth Schedule before the Governor of the Punjab. \r\n160. Functions of the Commission .– (1) Without prejudice to other provisions of \r\nthis Act, the Commission shall carry out the following functions: \r\n(a) steer the implementation of the Act and its transition; \r\n(b) remove hindrances for the local government to discharge its functions \r\nunder the Act; \r\n(c) ensure prescription of subordinate legislations; \r\n(d) recommend amendments in the legislations and subordinate \r\nlegislations; \r\n(e) conduct annual and special inspections of the local governments and \r\nsubmit its reports to the Chief Minister; \r\n73 \r\n \r\n \r\n(f) conduct an inquiry by itself or through any other Government entity \r\nabout any matter concerning a local government or a defunct local \r\ngovernment; \r\n(g) resolve the dispute between any Department of the Government and a \r\nlocal government or between two or more local governments; \r\n(h) probe into the matters referred to it by the Chief Minster, Minister or \r\nSecretary and give its decision on such matter; \r\n(i) submit an annual report on the over -all performance of the local \r\ngovernments to the Chief Minster and Provincial Assembly of the \r\nPunjab; and \r\n(j) take cognizance of violations of laws and rules by a local government \r\nor a defunct local government; and \r\n(k) conduct annual and special inspections of the local governments and \r\nsubmit its reports to the Chief Minister; \r\n(l) if so directed by the Chief Minster or the Government, conduct an \r\ninquiry by itself or through any other agency including office of the \r\nSecretary, about any matter concerning a local government or a \r\ndefunct local government; \r\n(m) resolve the disputes between any Department of the Government and \r\na local government or between two or more local governments and if \r\nthe Commission fails to settle the dispute, the aggrieved party may \r\nmove the Chief Minister for resolution of the dispute; \r\n(n) enquire into the matters referred to it by the Chief Minster, Minister, \r\nSecretary or a Chief Officer and give its decision on such matter; \r\n(o) conduct social and performance audit of a category of the local \r\ngovernments or a defunct local government on the basis of specific \r\nperformance indicators through a third party and publish the report of \r\nsuch audit; \r\n(p) submit to the Chief Minster an an nual report on the over -all \r\nperformance of the local governments; \r\n(q) take cognizance of violations of laws and rules by a local government \r\nor a defunct local government in the performance of its functions; and \r\n(r) organize consultative planning meetin gs of National and Provincial \r\nlegislators, the Mayors and the Chairpersons on a periodic basis to \r\nprovide their participation in development activities with regard to- \r\n(i) consultative process of the annual development plan; \r\n(ii) formulating procedures for utilization of the Legislators’ \r\ndevelopment grant; \r\n(iii) assessing implementation of decision of these meetings; \r\n(iv) reviewing development schemes; and \r\n(v) facilitation in the performance of Provincial departmental \r\nfunctions of the decentralized offices and authorities, relating to \r\n74 \r\n \r\n \r\npolicy analysis, oversight, checks and balances, capacity \r\nbuilding and coordination through the Commission. \r\n(2) The decision of the Commission shall be binding on the local \r\ngovernment, failing which, the Commission may report the matter with specific \r\nrecommendations to the Chief Minister for appropriate action. \r\n(3) The Chief Minster may, on the recommendation of the Commission, \r\nsuspend an elected official for a maximum period of ninety days fo r fair conduct of \r\ninquiry under subsection (1) or for preventing such elected official from continuing \r\nwith any unlawful activity during the pendency of the inquiry. \r\n(4) Where, on an inquiry under subsection (1), the elected official is found \r\nguilty of m isconduct by the Commission, the Commission shall recommend to the \r\nChief Minister any appropriate action including removal of such elected official, and \r\nthe Chief Minister may pass appropriate orders including the removal of such elected \r\nofficial. \r\n(5) The Government or Chief Minister shall, during the exercise of its \r\npowers under this Act, have regards to the reports of the Commission submitted in \r\nrelation to the matters mentioned under subsection (1). \r\n161. Certain powers of a court to vest upon the C ommission.– (1) The \r\nCommission shall have the powers of a civil court under the Code of Civil Procedure, \r\n1908 (V of 1908) in respect of: \r\n(a) summoning and enforcing the attendance of any person and examining \r\nhim on oath; \r\n(b) compelling the production of documents; \r\n(c) receiving evidence on affidavits; and \r\n(d) issuing commission for the examination of witnesses. \r\n(2) The Commission shall be deemed to be a Court within the meaning of \r\nsections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898). \r\n162. Procedure of the Commission .– (1) The Commission shall, subject to this \r\nAct and the rules, regulate its own procedure. \r\n(2) All decisions of the Commission shall be made through a simple \r\nmajority vote of the members present and voting. \r\n(3) A meeting of the Commission shall be open to public unless the \r\nmembers present, by a simple majority vote, consider that public information of the \r\nproceedings of the meeting shall be prejudicial to public interest by reason of \r\nconfidential nature of business to be transacted in the meeting. \r\n163. Duty of the Government, local governments etc. to cooperate with the \r\nCommission.– (1) The Commiss ion may require the Government, a local \r\ngovernment, or any person, office or authority in the Punjab to render such \r\nassistance or to make available such information or records which it reasonably \r\nrequires for the purposes of this Act. \r\n75 \r\n \r\n \r\n(2) It shall be the duty of the Government, every local government, person, \r\noffice or authority in the Punjab to render assistance or to make available such \r\ninformation or record as is required by the Commission under subsection (1). \r\n164. Secretariat of the Commission .– (1) The Commission shall have a \r\nsecretariat comprising such number of officers and staff as the Government may \r\nfrom time to time determine. \r\n(2) There shall be a separate budget for the Commission in the annual \r\nbudget of the Punjab. \r\n(3) The secretariat of the Commission shall be Headed by the Secretary \r\nwho shall also be the Principal Accounting Officer of the Commission. \r\n(4) The Directorate General (Inspections & Monitoring), if so required, shall \r\nassist the Commission in conduct of inspection, inquiries, monitoring and \r\nimplementation of the directions of the Commission. \r\n165. Responsibility of the Commission .– The Punjab Local Government \r\nCommission shall be responsible to the Chief Minister and the Government. \r\nPART 9 \r\nPLANNING AND DEVELOPMENT \r\nChapter – XXVIII \r\nPlanning, Development and Land use in Metropolitan Corporation and District \r\nCouncil \r\n166. Local development plan.– (1) Within six months of the assumption of office, \r\nevery Head of the local government shall prepare a plan for the development of \r\nrespective local area in relation to the functions of the local government under this \r\nAct during the next four years, to be called the local development plan. \r\n(2) A local deve lopment plan shall be prepared in such form and in such \r\nmanner as the Secretary may by an order specify and, among other things, include: \r\n(a) objectives of the local government with respect to development of local \r\narea; \r\n(b) strategies for achievement o f these objectives and indicators for \r\nmonitoring such achievement; and \r\n(c) resource plan describing financial and other resources required for the \r\nattainment of stated objectives and how such resources shall become \r\navailable to the local government. \r\n(3) In the like manner, sufficiently before the commencement of a financial \r\nyear, every Head of the local government shall prepare a draft plan of construction or \r\nother works and activities by or on behalf of the local government to be carried out \r\nduring that financial year, called the draft annual development plan. \r\n(4) Every draft annual development plan prepared under subsection (3) \r\nshall be aligned to and contribute towards the objectives of the local development \r\nplan. \r\n76 \r\n \r\n \r\n167. Initiation of proposals for new works etc..– (1) For the purpose of drawing \r\nup an annual development plan, the Head of the local government shall call for \r\nproposals for carrying out construction or other works or activity by or on behalf of a \r\nlocal government. \r\n(2) A proposal under subsection (1) may be initiated by any one or more of \r\nthe following: \r\n(a) a Head of local government; \r\n(b) a Deputy Mayor; \r\n(c) a Vice Chairperson; \r\n(d) the Speaker; \r\n(e) a Councillor; \r\n(f) the Chief Officer; \r\n(g) the Council through a resolution; \r\n(h) a resident of the local area; \r\n(i) a Community Council or Panchayat located in the relevant local area; \r\nand \r\n(j) by or under the authority of the Secretary or any officer authorized by \r\nhim. \r\n(3) Every proposal under subsection (1) shall be drawn in the prescribed \r\nform and made to the Chief Officer of the relevant local government by such dates \r\nas may be specified by the Head of the local government. \r\n(4) The provisions of this section shall not a pply to any construction or \r\nother work or activity by or on behalf of a local government for the maintenance, \r\nrepair or renewing of any of its existing facility or amenity, the value of which does \r\nnot exceed such amounts as the Secretary may, from time to time, specify. \r\n168. Approval of annual development plan .– (1) The Head of the local \r\ngovernment shall present the draft annual development plan before the Council at a \r\npublic meeting. \r\n(2) The Council may, with a simple majority of vote of all Councillors \r\nholding office: \r\n(a) revise the draft annual development plan; or \r\n(b) approve the draft annual development plan. \r\n(3) Where in the view of the Head of the local government, revision of the \r\ndraft annual development plan by Council is not in accordance with the provisions of \r\nthis Act or is otherwise inappropriate, he may, again present the draft annual \r\ndevelopment plan, wit h or without any revision, before the Council, and after due \r\nconsideration, the Council may: \r\n(a) approve it with a simple majority of vote of all Councillors holding office; \r\nor \r\n77 \r\n \r\n \r\n(b) revise or reject it with a two -third majority of vote of all Councillor s \r\nholding office. \r\n(4) Without any prejudice to other provisions of this section, the annual \r\ndevelopment plan presented by the Head of the local government under subsection \r\n(3) which is not rejected or revised by the Council with two -third majority, should be \r\ndeemed to have been approved. \r\n169. Secretary to certify annual development plan if not approved by a local \r\ngovernment.– (1) In case where annual development plan of a local government is \r\nnot approved under section 168 of this Act within thirty days of the commencement \r\nof the financial year to which it pertains, the Secretary may, after due notice to the \r\nrelevant Head of the local government and having regards to the needs of that local \r\narea, cause such annual development plan to be prepared on its own and may also \r\ncertify it. \r\n(2) The annual development plan certified under subsection (1) shall be \r\ndeemed to be the approved annual development plan of the local government for \r\nthat financial year. \r\n170. Planning guidelines.– (1) As soon as may be, but not later than six month s \r\nof the commencement of this Act, the Secretary shall by an order notified in the \r\nofficial Gazette, specify planning guidelines for approval of construction or other \r\nworks or activity by or on behalf of local government. \r\n(2) Every planning guideline shall, among other things: \r\n(a) set out the value, size or type of work or other activity which may be \r\nundertaken by various local governments; \r\n(b) set out criteria to be applied for deciding actual need for a particular \r\nwork or activity on the basis of it s sustainability, cost-effectiveness and \r\nlikely economic and social returns; \r\n(c) identify one or more undertakers as appropriate persons to carry out a \r\nspecified description of work; and \r\n(d) set out circumstances in which it is appropriate for a specified type of \r\naction to be taken to mitigate the impact of a specified description of \r\nwork. \r\n(3) Every order under subsection (1) shall remain applicable for three \r\nfinancial years following the da te of its commencement unless it is otherwise \r\namended or replaced by the Chief Minister. \r\n171. Duty of every local government to maintain public service infrastructure \r\nmaps.– It shall be the duty of every local government to prepare and maintain \r\ndetailed maps of the infrastructure relating to public services provided by it under this \r\nAct or any other law for the time being in force and from time to time modify and \r\nupdate such maps. \r\nPART 10 \r\nREGULATION AND ENFORCEMENT \r\nChapter - XXIX \r\nMunicipal Offences and their Cognizance \r\n78 \r\n \r\n \r\n172. Offences, punishments and their cognizance .– (1) The offences specified \r\nin Eight and Ninth Schedules shall be liable to punishment by way of imprisonment, \r\nfine, seizure, forfeiture, confiscation and impounding and such other penaltie s as are \r\nprovided in this Act. \r\n(2) If a person commits an offence specified in - \r\n(a) Part-I of Eight Schedule, such person shall be punishable with \r\nimprisonment for a term which may extend to seven years, or with fine \r\nwhich may extend to five hundred thousand rupees or with both and \r\nwhere an accused was directed by the Inspector for immedi ate \r\ndiscontinuance of the offence, the Court may impose a further fine \r\nwhich may extend to fifty thousand rupees for every day for the period \r\nthe accused has persisted in the offence from the date of its \r\ncommission; \r\n(b) Part-II of Eight Schedule, such pe rson shall be punishable with \r\nimprisonment for a term which may extend to three years, or with fine \r\nwhich may extend to one hundred thousand rupees or with both and \r\nwhere an accused was directed by the Inspector for immediate \r\ndiscontinuance of the offence, the Court may impose a further fine \r\nwhich may extend to ten thousand rupees for every day for the period \r\nthe accused has persisted in the offence from the date of its \r\ncommission \r\n(c) Part-III of Eight Schedule, such person shall be punishable with \r\nimprisonment which may extend to six months or fine which may \r\nextend to twenty five thousand rupees or with both and where an \r\naccused was directed by the Inspector for immediate discontinuance of \r\nthe offence, the Court may impose a further fine which may extend to \r\nfive hundred rupees for every day for the period the accused persisted \r\nin the offence from the date of its commission; and \r\n(d) Ninth Schedule, such person shall, in the first instance, be liable to fine \r\nby issuing a ticket specified in Tenth Schedule and where an accused \r\nrepeats the offence within a period of three months for which the \r\naccused was subjected to fine, he shall be liable to the same \r\npunishment as provided in clause (c). \r\n(3) If an offence of illegal dumping of solid waste and refuse under Part-II \r\nof the Eight Schedule is committed by a person for the first time, he shall be \r\nadministered a warning; and, in case he repeats the offence within one year from \r\nearlier commission, he shall be punished with imprisonment which may extend to \r\nthree years but which shall not be less than seven days, and with fine which may \r\nextend to one hundred thousand rupees but which shall not be less than twenty \r\nthousand rupees; and, where an accused was directed in writing by the Inspector for \r\nimmediate discontinuance of the offence, the Court may impose a further fine which \r\nmay extend to ten thousand rupees for every day for the period the accused has \r\npersisted in the offence from the date of its commission. \r\n(4) The offences specified in clauses (a) and (b) of su bsection (2) shall be \r\ncognizable and information in this regard shall be forwarded to the officer in -charge \r\nof a police station by the Inspector after prior approval of the Chief Officer for \r\n79 \r\n \r\n \r\nregistration of a case against the accused in accordance with the provisions of \r\nsection 154 of the Code. \r\n(5) A Court shall take cognizance of the offences specified in clause (c) of \r\nsubsection (2) on a complaint made in writing by the Inspector after prior approval of \r\nthe Chief Officer in accordance with the provisions of section 200 of the Code. \r\n(6) The offences specified in Part-III of Eight Schedule and Ninth Schedule \r\nshall be tried in a summary manner in accordance with the provisions of section 260 \r\nto 265 of the Code but the limit of punishment mentioned in subs ection (2) of section \r\n262 of the Code shall not be applicable. \r\n(7) The fines imposed by a Court for an offence specified in Ninth \r\nSchedule shall on collection be deposited in the Public Account of the local \r\ngovernment. \r\n(8) The Secretary may, by notific ation in the official Gazette, entrust to a \r\nlocal government the enforcement of any other law. \r\n173. Appointment and control of Inspectors .– (1) The Head of the local \r\ngovernment shall, with the approval of the local government, authorize the officials of \r\nthe local government as Inspectors for the enforcement of the offences specified in \r\nthe Schedules. \r\n(2) The prescribed officer shall be th e controlling authority and \r\nadministrative Head of an Inspector and the Inspector shall report to the officer for \r\nthe enforcement of provisions of this Chapter. \r\n174. Imposition of fine through ticketing .– (1) Notwithstanding anything \r\ncontained in this Ch apter, where any person, in the opinion of an Inspector, is \r\ncontravening any provision of the law relating to the offences specified in Ninth \r\nSchedule, the Inspector shall charge the accused by issuing a ticket in the form for \r\npayment of fine specified in Tenth Schedule, if such offence has been committed for \r\nthe first time by the accused within three months. \r\n(2) The ticket referred to in subsection (1) shall be issued in quadruplicate \r\nby delivering three copies to the accused after obtaining his signatur es or thumb \r\nimpression on the fourth copy to be retained by the Inspector for record. \r\n(3) The fine may be deposited in the bank account of the local government \r\nwithin ten days from the date of imposition of fine for credit in the Public Account of \r\nthe local government. \r\n(4) The person to whom a ticket has been issued under this section may \r\neither contest the imposition of fine in the Court within ten days from the date of the \r\nissuance of the ticket or deposit the fine within that period and provide a cop y of \r\npayment receipt to the office of the local government. \r\n175. Court proceedings for default in deposit of fine.– (1) An official / servant of \r\nthe local government authorized by the Head of local government shall on weekly \r\nbasis provide a scroll of all unpaid tickets to the Court. \r\n(2) The Court receiving the scroll shall issue summons to the accused \r\nforthwith stating the date of hearing for summary trial in accordance with the \r\n80 \r\n \r\n \r\nprovisions of section 260 to 265 of the Code but the limit of punishment me ntioned in \r\nsubsection (2) of section 262 of the Code shall not be applicable. \r\n(3) Where on the first date of hearing, the accused appears before the \r\nCourt and produces the proof of deposit of fine, or unconditionally admitting his \r\nfailure, deposits the fine forthwith along with the penalty which shall not be less than \r\nten percent and not more than twenty five percent of the amount of fine determined \r\nby 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 \r\nconviction shall be recorded against him. \r\n(4) Upon failure of the accused to appear before the Court in response to \r\nthe summons issued by it, the Court shall forthwith issue warrants for arrest of th e \r\naccused and upon issuance of such warrants the accused shall be liable to \r\npunishment under clause (c) of subsection (2) of section 172. \r\n176. Compounding of offences .– Subject to this Act, a local government shall \r\nconstitute a committee consistin g of the Head of local government as its Convener, \r\nan officer of the local government and a Councillor of the local government as its \r\nmembers for compounding the offences. \r\n177. Municipal Wardens .– (1) A local government, other than a Union Council, \r\nmay establish and maintain Municipal Wardens in the prescribed manner. \r\n(2) The Government may, notwithstanding anything contained in the Police \r\nOrder, 2002(C.E. Order No.22 of 2002), or in any other law, specify the duties which \r\nsuch force may be required to perform. \r\n178. General powers of Inspectors .– (1) In case of any serious threat to the \r\npublic health, safety or welfare or danger to life and property, or where violation of \r\nany rule or bye-law is being committed, the Inspector may, in his area of jurisdic tion, \r\nin addition to imposition of fine or initiating prosecution under this Act - \r\n(a) suspend any work; \r\n(b) seize the goods; \r\n(c) seal the premises; \r\n(d) demolish or remove the work; or \r\n(e) issue directions for taking corrective measures within the specified \r\ntime. \r\n(2) An Inspector shall not enter any dwelling unit without permission of the \r\noccupier or the Court. \r\n(3) An Inspector authorized under section 173 may, in relation to the \r\noffences specified in Eight Schedule – \r\n(a) issue notices in writing on behalf of the local government; \r\n(b) initiate legal proceedings in the court; \r\n(c) assist in defending legal proceeding initiated against the local \r\ngovernment. \r\n81 \r\n \r\n \r\n179. Appointment of Municipal Magistrates .– The Government may, in \r\nconsultation with the High Court, appoint one or more Special Judicial Magistrates \r\nunder section 14 of the Code of Criminal Procedure, 1898 (V of 1898), to be called \r\nMunicipal Magistrates, for cognizance of offences under this Act. \r\nChapter- XXX \r\nOffences Relating to Code of Conduct and Conflict of Interest \r\n180. Punishment for acting dishonestly .– In addition to any punishment for this \r\nAct provided for under any oth er law for the time being in force, an elected official, \r\nChief Officer or any other officer or servant of the local government, who knowingly \r\nfails to act honestly and in a fair and transparent manner in relation to his duties or \r\nexercise of powers under this Act, or makes improper use of his office or information \r\nacquired by him because of his being in such office to gain or attempt to gain, \r\ndirectly or indirectly, an advantage for himself or for any other person, or cause any \r\ndetriment to the local govern ment, shall be guilty of an offence punishable with \r\nimprisonment for a term not exceeding three years or a fine not exceeding two \r\nhundred thousand rupees or with both. \r\n181. Punishment for acting despite conflict of interest .– A person who has a \r\nconflict of interest as defined under section 141 of this or and he, knowingly and for \r\nthe purpose of any gain, acts in contravention of any provision of section 141 of th is \r\nAct or otherwise influences or seeks to influence any action of the local government \r\nwith respect to a relevant transaction, shall be guilty of an offence punishable with \r\nimprisonment for a term not exceeding three years or a fine not exceeding two \r\nhundred thousand rupees or with both. \r\n182. Cognizance of an offence under this Chapter by courts .– No court shall \r\ntake cognizance of an offence under this Chapter except on a complaint by or under \r\nthe authority of the Secretary. \r\nChapter- XXXI \r\nOffences Relating to Local Taxes \r\n183. Punishment for non -payment of tax etc. .– A person against whom a tax , \r\nfee, rate, rent, toll or other charge imposed upon him under this Act has become final \r\nand he does not pay the same despite demand of the Chief Officer or an officer \r\nauthorized by him in this behalf, shall be guilty of an offence punishable with \r\nimprisonment for a term not exceeding six months or a fine not exceeding five \r\nhundred thousand rupees, or with both. \r\n184. Cognizance of offences under this Chapter.– (1) All offences under section \r\n182 shall be non -cognizable within the meaning of section 2(l) of the Code of \r\nCriminal Procedure, 1898 (V of 1898). \r\n(2) No court shall take cognizance of an offence under section 183(1) of \r\nthis Act except upon a complaint in writing of the respective Chief Officer or a person \r\nauthorized by him in this behalf. \r\n82 \r\n \r\n \r\nPART 11 \r\nMISCELLANEOUS \r\nChapter - XXXII \r\nOfficers and Servants of Local Governments \r\n185. Chief Officer, other officers and servants of local governments .– (1) \r\nEvery local government shall have such number of Chief Officers from amongst the \r\nofficers of prescribed service and such number and description of other officers and \r\nservants as the Secretary may from time to time determine. \r\n(2) All officers of a local government shall be appointed by the Secretary in \r\nthe prescribed manner. \r\n(3) All servants of a local government shall be appointed by that local \r\ngovernment in the prescribed manner and subject to such general directions and \r\nconditions as the Secretary may, from time to time, consider appropriate. \r\n186. Security of tenure for the C hief Officer and other officers .– All Chief \r\nOfficers and such other officers of the local governments that may be specified by \r\nthe Secretary from time to time, shall ordinarily hold office for a period of not less \r\nthan two years. \r\n187. Punjab Local Governm ent Service. – (1) The local government service \r\ncontinued under the Punjab Local Government Act, 2019 (XIII of 2019) shall \r\ncontinue, and be called the Punjab Local Government Service and the terms and \r\nconditions of the service shall be governed under the respective laws and rules \r\nmade thereunder. \r\n(2) The employees of the Punjab Local Government Service shall be \r\nappointed through Punjab Public Service Commission. \r\n(3) The employees of the Punjab Local Government Service shall be liable \r\nto serve anywhere within the province for the purposes of the Act. \r\n(4) All the employees of the Punjab Local Government Service appointed \r\nthrough Punjab Public Service Commission against sanctioned posts on contract \r\nbasis, prior to commencement of the Act, shall stand regulariz ed in the Punjab Local \r\nGovernment Service on completion of their contract period. \r\n188. Service cadre for servants of the local governments.– (1) There shall be a \r\nseparate service cadre for the servants of the local governments called the Local \r\nCouncil Service. \r\n(2) For the sake of uniformity, the Secretary may specify functional groups \r\nwithin the Local Council Service in view of qualifications, experience and skills \r\nrequired for effective undertaking of various functions assigned to the local \r\ngovernments under this Act, and may also specify the method for their recruitment \r\nand general terms and conditions of their service. \r\n(3) No local government shall employ servants in excess of the number \r\nspecified under section 185 of this Act. \r\n83 \r\n \r\n \r\n189. Continuation of the Punjab Local Government Board .– (1) The Punjab \r\nLocal Government Board, hereinafter called the Board, continued under section 298 \r\nof the Punjab Local Government Act, 2022 (XIII of 2022) shall continue. \r\n(2) The Board shall continue to be a body corporate with per petual \r\nsuccession and a common seal with power to acquire, hold and transfer property, \r\nand by its name, sue or be sued. \r\n(3) Directorate General (Inspections & Monitoring) shall continue and \r\nconsist of a Director General (Inspections & Monitoring) who shall be an officer of the \r\nprescribed services not below the rank of BS-20. \r\n(4) The Board shall consist of such number of officers and officials as may \r\nbe notified by the Secretary. \r\n190. Composition of the Board .– (1) The Board shall consist of following ex-\r\nofficio members: \r\n(a) The Secretary as Chairperson; \r\n(b) An officer of the Pakistan Administrative Service or the Provincial \r\nManagement Service appointed by the Chief Minister as Secretary of \r\nthe Board; \r\n(c) A representative of Finance Department not below the rank of \r\nAdditional Secretary; \r\n(d) A representative of Regulations Wing of Services and General \r\nAdministration Department, not below the rank of Additional Secretary; \r\n(e) A representative of Law Department, not below the rank of Additional \r\nSecretary. \r\n191. Functions of the Board and method for conduct of business .– (1) In \r\naddition to any other function or duty assigned to it under any other law for the time \r\nbeing in force, the Board shall, among any other things: \r\n(a) deal with service matters of the officers and servants of the Board, \r\nLocal Government Service and such servants of the Local Council \r\nService as may be prescribed; \r\n(b) set up and maintain common services for all the local governments, \r\nincluding those relating to the training of off icers and servants of local \r\ngovernments; \r\n(c) undertake research and policy work relating to any aspect of the local \r\ngovernments; \r\n(d) support the Government and local governments in adherence to this \r\nAct and other relevant laws; and in fair, just and transparent working of \r\nthe local governments; \r\n(e) set up and operate an employee’s fund for the receipt of contributions \r\nin respect of pension and other post -retirement benefits of officers and \r\nstaff of the Board, Local Government Service, investment of such \r\nreceipts and payment of pension and other post-retirement benefits; \r\n84 \r\n \r\n \r\n(f) set up and operate one or more other funds as may be required in \r\nrelation to its work; and \r\n(g) perform such other functions as may be prescribed. \r\n(2) All expenditures of the Board shall be contributed by local governments \r\nin the Punjab in accordance with their share apportioned by the Government from \r\ntime to time. \r\n(3) The business of the Board shall be conducted in the prescri bed \r\nmanner. \r\nPART 12 \r\nADJUDICATION \r\nChapter - XXXIII \r\nAppeals \r\n192. Appeal against orders of local governments .– Any person aggrieved by \r\nany order passed by a local government or its officers or servants or other \r\nfunctionaries passed in pursuance of this Act or the rules or bye -laws made \r\nthereunder, may appeal to such authority, in such manner and within such period as \r\nmay be prescribed and order of such authority shall be final. \r\nChapter - XXXIV \r\nBar of Jurisdiction of Courts \r\n193. Jurisdiction of courts barred.– No suit, prosecution, or other legal \r\nproceedings shall lie in respect of any matter covered under the provisions of this \r\nAct. \r\n194. Indemnity of actions taken in good faith .– No suit, prosecution, or other \r\nlegal proceedings shall lie against any p ublic servant serving in local government for \r\nany act done or function performed in good faith under this Act. \r\nPART 13 \r\nMISCELLANEOUS \r\nChapter - XXXV \r\nMiscellaneous \r\n195. General powers of local governments, etc .– Notwithstanding any specific \r\nprovision of this Act, every local government shall perform their functions conferred \r\nby or under this Act and in performance of their respective functions, shall exercise \r\nsuch powers and follow such procedures as are enumer ated in the Seventh \r\nSchedule. \r\n196. Delegation of powers by the Government.– The Government may, by order \r\npublished in the official Gazette, delegate any of its powers under this Act, or the \r\nrules, to any officer subordinate to it, any elected official, or any officer or Authority \r\nunder this Act. \r\n197. Delegation of Powers by the Head of local government .– A Head of local \r\ngovernment may delegate any of his powers under this Act or rules or bye -laws to \r\n85 \r\n \r\n \r\nany Deputy Mayor or Vice Chairperson, Member of Head’s Cab inet, Speaker, \r\nCouncillor, Chief Officer or any other officers of the local government, partly or fully, \r\nand subject to such restrictions or conditions as he may deem fit, after approval by \r\nthe Council concerned. \r\n198. All Heads of the local governments, D eputy Mayors, Vice Chairpersons, \r\nSpeakers, Councillors, officer and servants of the local governments to be \r\npublic servants.– All elected officials, Chief officers, other officers and servants of \r\nthe local government and any other person authorized to act under this Act, shall be \r\ndeemed to be a public servant within the meanings of section 21 of the Pakistan \r\nPenal Code (XLV of 1860). \r\n199. Remuneration etc. for elected officials .– With the previous approval of the \r\nGovernment, a Council may, with a simple majority of vote, allow such remuneration, \r\nhonoraria, allowance and other benefits to the elected officials and technocrat \r\nmembers of the Head’s cabinet, within the approved limit notified by the \r\nGovernment. \r\n200. Training of functionaries of local governments .– (1) A local government \r\nshall, in annual budget, allocate funds for the training of various elected officials and \r\nnon-elected functionaries of the local government. \r\n(2) The training shall be attended virtually or otherwise at the place and for \r\nthe duration, as the Secretary may direct. \r\n201. Bar against employment of the elected officials in the local \r\ngovernment.– No elected official of a local government shall be employed by or \r\nunder that local government unless a period of three years has lapsed since he \r\nceased to hold such elected office. \r\nChapter - XXXVI \r\nSubordinate legislation \r\n202. Rules.– (1) The Government may, by notification in the official Gazette, make \r\nrules for carrying out the purposes of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the matters specified in Part -I of Sixth \r\nSchedule. \r\n (3) The rules made under sub -section (1) shall meet the following \r\nconsiderations: \r\n(a) consistency with democratic decentralization and subsidiarity; \r\n(b) enhancement of welfare of the people; \r\n(c) fairness and clarity; and \r\n(d) natural justice and due process of law. \r\n203. Bye-laws.– (1) A local government may, in its ambit of responsibilities, make \r\nbye-laws to carry out the purposes of this Act. \r\n86 \r\n \r\n \r\n(2) In particular and without prejudice to the generality of the fore -going \r\npower, such bye-laws may provide for all or any of the matters specified in Part -II of \r\nthe Sixth Schedule. \r\n(3) A local government, if required so by the Government shall, within \r\nninety days of such instruction, by notification in the official Gazette, make bye -laws \r\nnot inconsistent with the rules and this Act. \r\n(4) Where a local government fails to meet the requirements of subsection \r\n(2), the Secretary with the approval of the Minister in charge of the Department may \r\nnotify bye-laws for that local government which sh all be valid as if framed by that \r\nlocal government. \r\nPART - 14 \r\nREPEAL AND TRANSITION \r\nChapter - XXXVII \r\nRepeal and Savings \r\n204. Repeal and Savings .– (1) The Punjab Local Government Act, 20 22 (XIII of \r\n2022), is hereby repealed. \r\n(2) Save as otherwise provided, the repeal of laws under sub -section (1) \r\nshall not affect: \r\n(a) the previous operation of the laws repealed under subsection (1), or \r\nany other previously repealed local government law, or anything duly \r\ndone or made thereunder; \r\n(b) the local areas of the local governments demarcated and notified under \r\nthe Punjab Local Government Act, 2019 (XIII of 2019), shall remain \r\nintact for the purpose of this Act unless altered or reviewed; \r\n(c) any right, privilege, obligation or liability acquired, accrued or incurred \r\nunder the repealed local government law(s); \r\n(d) any penalty, forfeiture or punishment incurred in respect of any offence \r\ncommitted under the repealed local government law(s); and \r\n(e) any investigation, legal proceedings or remedy in respect of any such \r\nright, privilege, obligation, liability, penalty, forfeiture or punishment as \r\naforesaid, and any such investigation, legal proceedings or remedy \r\nmay be instituted, continued or enforced and any such penalty, \r\nforfeiture and punishment may be im posed as if any other previously \r\nrepealed local government law has not been repealed. \r\n(3) Notwithstanding its repeal, anything done or any action taken under \r\nany other previously repealed local government law, including: \r\n(a) every proceeding, appointment, notification, notice, license, rule, \r\nregulation, bye-law, resolution or direction issued, made or saved; \r\n(b) every tax, rent, fee, rate, toll or other charge or sums of money \r\nassessed, imposed, collected or due to a local government; \r\n(c) every scheme drawn up, contracted or executed; and \r\n87 \r\n \r\n \r\n(d) every instrument or contract executed, \r\nwhich so far as is in force at the commencement of this Act and not inconsistent with \r\nthe provisions of this Act, shall be deemed to have been done or taken under this Act \r\nunless previously altered, modified, cancelled, suspended, surrendered, withdrawn \r\nor superseded, as the case may be, under this Act. \r\nChapter - XXXVIII \r\nTransitional Arrangements \r\n205. Interim authorities and continuation of public services .– (1) All offices, \r\nagencies and authorities of the defunct local governments established under the \r\nPunjab Local Government Act, 2013 (XVIII of 2013) shall continue providing public \r\nservices in their respectiv e local areas without any interruption till such time new \r\nlocal governments are established under this Act. \r\n(2) Subject to any other relevant law, all officers and servants of the \r\ndefunct local governments shall continue to discharge their respective dut ies and \r\nexercise their powers with the successor local governments under this Act, till such \r\ntime they are assigned or transferred to any other local government. \r\n(3) Nothing in this section shall preclude the Government from \r\nappropriately re -organizing t he defunct local governments or for that matter \r\nreorganizing or reassigning any other office or authority established under the \r\nPunjab Local Government Act 2013 (XVIII of 2013). \r\n206. Interim maintenance of offices and Authorities to be transferred to loc al \r\ngovernments under this Act.– Pending the transfer of control of the office, agency \r\nor Authority to be transferred to local governments under this Act, any public service, \r\nor duty or other function which at the commencement of this Act is being undertaken \r\nor performed by that office, agency or authority shall, notwithstanding any provision \r\nof this Act, continue to be undertaken by that office or authority till such time that it is \r\ntransferred to the local government. \r\n207. Fiscal trans fers and taxes etc. to continue .– (1) On coming into force of \r\nthis Act, where a local government was receiving any fiscal transfer, grant or \r\ncompensation in lieu of Zilla tax or Octroi, the successor local government shall \r\ncontinue to receive such transfer, grant or compensation. m \r\n(2) All taxes, cess, fee, toll, rates, rent, fee or other charges which were \r\nbeing charged under the Punjab Local Government Act, 20 22 (XIII of 20 22) or any \r\nother repealed law shall continue to be charged under this Act, and eve ry person \r\nliable to pay such tax, cess, fee, toll, rate, rent, fee or other charge shall continue to \r\npay, unless such tax, cess, fee, toll, rate, fee or other charge is revised, withdrawn or \r\nvaried under this Act. \r\n208. Fiscal transfers and budget of the succeeding local governments for the \r\nfirst year in office .– (1) If for any reason, on the date of assumption of office by a \r\nlocal government under this Act for the first time, no Finance Commission has been \r\nestablished under this Act, provincial allocable amount and the share of transfers to \r\nlocal governments from the provincial allocable amount shall be determined by the \r\n88 \r\n \r\n \r\ninterim committee constituted under the repealed Punjab Local Government Act, \r\n2019 (XIII of 2019). \r\n(2) Notwithstanding anything contained in this Act, where a local \r\ngovernment assumes office under this Act during the currency of a financial year, the \r\nestimate of receipts and expenditure of that local government for that year shall \r\ncover the remaining period. \r\n209. Salaries and emoluments of officers and servants of the local \r\ngovernments during transition .– (1) On their allocation, re -allocation or transfer \r\nunder this Act, the salary, pensionary benefits and other emoluments of the officers \r\nand servants of the defunct local governments and any other office, agency or \r\nauthority established under the repealed local government laws, shall not be reduced \r\nor varied to their detriment. \r\n(2) For the removal of any ambiguity in this regard, all officers and \r\nservants of the defunct local governments and any other office, agency or authority \r\nestablished under the repealed local government laws, shall continue to receive their \r\nauthorized salary, pensionary benefits and other emoluments up till the time they are \r\nallocated, re-allocated or transferred to local governments constituted under this Act. \r\n \r\n \r\n89 \r\n \r\n \r\nFIRST SCHEDULE \r\n(See sections 13, 50) \r\nSeats of Councillors in Metropolitan Corporations and District Councils \r\n \r\nS\r\nr. \r\nPopulation Size as per \r\nlatest census \r\nminorities \r\nwomen \r\nworkers/ \r\npeasants \r\nYouth \r\nTrader/farm\r\ner \r\nDisabled \r\nTotal \r\nReserved \r\nTotal \r\nGeneral \r\nCouncilors \r\n \r\nTotal \r\n1 More than Ten Million 6 23 15 8 4 4 60 90 150 \r\n2 \r\nMore than Five Million \r\nup to Ten 5 18 12 6 4 3 48 72 120 \r\n3 \r\nMore than Four Million \r\nup to Five Million 4 14 9 5 2 2 36 54 90 \r\n4 \r\nMore than Three Million \r\nup to Four Million 4 12 8 4 2 2 32 48 80 \r\n5 \r\nMore than Two Million \r\nup to Three Million 3 10 7 4 2 2 28 42 70 \r\n6 \r\nMore than One Million \r\nup to Two Million 2 9 6 3 2 2 24 36 60 \r\n7 Up to One Million 2 8 5 3 1 1 20 30 50 \r\n \r\nNote: Provided that each Tehsil of a local government shall have representation not \r\nless than ten percent of the total allocated seats to such local government. \r\n \r\n \r\n90 \r\n \r\n \r\nSECOND SCHEDULE \r\n(See section 14) \r\n \r\nComposition of Head’s Cabinet for Metropolitan Corporations and District \r\nCouncils \r\n \r\nSr. No. Range of Population of Local area to \r\ndetermine the number of Members of a \r\nHead’s Cabinet \r\n \r\nTotal allocated \r\nmembers of \r\nHead’s Cabinet \r\n(1) (2) (3) \r\n1 10,000,001 and above 12 \r\n2 1,000,001 to 10,000,000 9 \r\n3 Up to 1,000,000 6 \r\n4 Up to 500,000 3 \r\nExplanation 1: The number of female members shall be at least one for \r\nlocal governments having population less than ten million and Two for local \r\ngovernments having population ten million and above. \r\nExplanation 2: The number of technocrat members shall be one third of \r\ntotal number of Head’s Cabinet. \r\n \r\n \r\n \r\n \r\n91 \r\n \r\n \r\nTHIRD SCHEDULE \r\n(See section 61) \r\nDeclaration on Finality of Prophethood \r\n \r\n \r\n \r\nI, son / wife / \r\ndaughter of (mention here the name of the candidate taking oath) \r\n__________________ do hereby solemnly swear ( mention here the name of father / \r\nhusband) that I believe in the absolute and unqualified finality of the \r\nProphethood of: \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: Signature of the Declarant \r\n \r\n \r\n \r\n \r\n\r\n92 \r\n \r\n \r\nFOURTH SCHEDULE \r\n(See sections 14, 66, 87, 159) \r\nOath of Assumption of an Office under the PLGA 2021 \r\n(in the name of Allah, the most Beneficent, the most Merciful) \r\n \r\nI, ___________________ son / wife / daughter of (mention here the name of the \r\ncandidate taking oath) ___________________ (mention here the name of father / \r\nhusband) elected / nominated / appointed as \r\n_______________________________________________do hereby declare on \r\noath / solemnly affirm: \r\n \r\nThat, I shall bear true faith and allegiance to Pakistan and would always work to \r\nstrengthen its ideology, integrity, solidarity and prosperity; \r\n \r\nAnd that, I shall perf orm my duties under the Punjab Local Government Act, 2022, \r\nrules and bye -laws made thereunder and all other applicable laws, honestly, \r\nefficaciously and efficiently to the best of my ability; \r\n \r\nAnd that I shall, always work in the best interest of the resid ents without any favour \r\nor prejudice and shall not allow my personal interest to influence my official conduct \r\nor my official decision; \r\n \r\nAnd that I shall, to the best of my ability, use moneys and resources of the local \r\ngovernment in the best interest of t he residents and would do all what is required to \r\nprevent misuse or misappropriation of such money or resources; \r\n \r\nAnd that in all circumstances I shall do right to all people according to law without \r\nfear or favour, ill will, or discrimination; \r\n \r\nAnd that I shall, always act according to and uphold and promote democratic values; \r\n \r\nAnd that I shall not directly or indirectly communicate or reveal to any person any \r\nmatter which shall become known to me in my official capacity, except as may be \r\nrequired for the due discharge of my duties. \r\n \r\nMay Allah Almighty / God, help and guide me (Ameen) \r\n \r\nDated: _________________ \r\n \r\nCountersigned \r\nSignature and seal of the \r\nDesignated person to administer Oath \r\nSignature of the Declarant \r\n \r\n \r\n \r\n93 \r\n \r\n \r\n \r\nFIFTH SCHEDULE \r\n(see section 99) \r\nTaxes & Fees \r\n \r\nPART-I \r\nMetropolitan Corporation and District Council \r\n(a) Tax on urban immovable property; \r\n(b) Tax on the transfer of immovable property; \r\n(c) Water use charges / fee; \r\n(d) Drainage rate; \r\n(e) Conservancy rate; \r\n(f) Fee for approval of building plans, erection and r e-erection of \r\nbuildings; \r\n(g) Fee for compounding of offence and violations; \r\n(h) Fee for change of land use of a land or building as prescribed; \r\n(i) Fee for licenses, sanctions and permits; \r\n(j) Fee on the slaughter of animals; \r\n(k) Fee for establishment of Private Markets; \r\n(l) Fee for regulation of advertisement through sign boards, hoardings, \r\ncutouts, neon -signs, pole signs, sky signs and boards; billboards; \r\ndirectional boards, banners, streamers, moppy signs, temporary \r\nadvertisement structures and stalls, posters, one way vis ions, hot \r\nair balloons and blimps, moving vehicles, electronic display screens \r\nincluding Light Emitting Diode (LED) and Surface Mounted Device \r\n(SMD), etc., \r\n(m) Toll fee on roads, bridges and ferries maintained by the respective \r\nlocal government; \r\n(n) Parking fee; \r\n(o) Fees on sale of cattle; \r\n(p) Fee for specific services rendered by the office of local government \r\nor any of its authority, agency or company; \r\n(q) Fee on installation of Base Transceiver Station/Tower; and \r\n(r) Any other tax or fee or levy authorized by the Government. \r\n \r\nPart- II \r\nUnion Council \r\n(a) Fee for registration and certification of birth, marriage, divorce and \r\ndeaths; \r\n(b) Fee for specific services rendered; \r\n(c) Any other tax or fee or levy authorized by the Government. \r\n94 \r\n \r\n \r\nSIXTH SCHEDULE \r\n[See sections 213, 214] \r\nPart - I (Rules) \r\n(1) Conduct of Elections. \r\n(2) Conduct of Business. \r\n(3) Conduct of meetings. \r\n(4) Taxation. \r\n(5) Property. \r\n(6) Auction of Collection Rights. \r\n(7) Regulation of Private Housing Schemes. \r\n(8) Local Government Service. \r\n(9) Servants of Local Governments. \r\n(10) Budget. \r\n(11) Accounts. \r\n(12) Contracts. \r\n(13) Works. \r\n(14) Conduct of Inspections. \r\n(15) Conduct of elected officials. \r\n(16) Fiscal Transfers. \r\n(17) Delegation of Financial Powers. \r\n(18) Births, Deaths, Marriages and Divorces. \r\n(19) Appeal. \r\n(20) Cattle Markets. \r\n(21) street markets . \r\n(22) Land use Plan. \r\n(23) Naming of Roads, Streets and Public Places. \r\n(24) Any other set of rules necessary for carrying out the purposes of \r\nthis Act. \r\n \r\nPart–II (Bye-laws) \r\n \r\n(1) Burial and cremation places. \r\n(2) Building Control. \r\n(3) Slaughter of animals and maintenance of slaughterhouses. \r\n(4) Regulation of parking. \r\n(5) Organization and regulation of fairs, shows, tournaments and \r\nother public gatherings. \r\n95 \r\n \r\n \r\n(6) Licensing. \r\n(7) Markets. \r\n(8) Parks and open places. \r\n(9) Picketing, parking animals or collecting carts or vehicles on any \r\nstreet. \r\n(10) Street Markets \r\n(11) Prevention and removal of encroachments. \r\n(12) Municipal Libraries. \r\n(13) Throwing or placing any refuse on any street, or in any place not \r\nprovided or appointed for the purpose. \r\n(14) Tampering with any main, pipe, or any apparatus or appliance \r\nfor the supply of water. \r\n(15) Disposing of carcasses of animals. \r\n(16) Use of sewer water for farming. \r\n(17) Flow or drain to be put upon any street, or public place, or into \r\nan irrigation channel or any sewer or drain not set apart for the \r\npurpose. \r\n(18) Fixing any bill, notice, placard, or other paper or means of \r\nadvertisement against or upon any building or place other than \r\nthe places fixed for the purpose by the local government. \r\n(19) Fixing of wooden khokhas, plying of handcarts for the sale of \r\ngoods, and temporary or permanent shops or extensions \r\nthereof. \r\n(20) Watering cattle or animals, or bathing or washing at, or, near a \r\nwell or other source of drinking water for the public. \r\n(21) Any other matters as in the opinion of a local government are \r\nnecessary or expedient to be provided for in the bye -laws to \r\nachieve the objectives of this Act. \r\n \r\n96 \r\n \r\n \r\nSEVENTH SCHEDULE \r\n[See section 206] \r\nGENERAL POWERS OF THE LOCAL GOVERNMENTS \r\nAnimals \r\n1. Prohibition of picketing or tethering in streets. – No animal shall be \r\npicketed or tethered in such streets or places as may be specified by the concerned \r\nlocal government and any animal found picketed or tethered in any such street or \r\nplace shall be liable to seizure and impounding. \r\n2. Prohibition against keeping and maintaining cattle. – (1) Notwithstanding \r\nanything to the contrary contained in any other law or any agreement, instrument, \r\ncustom or usage or decree, jud gment or order of any court or other authority, the \r\nconcerned local government may declare any part of its local area as a prohibited \r\nzone. \r\n (2) At any time after declaration under sub -paragraph (1) has been made, \r\nthe local government may, by general or sp ecial notice, prohibit the keeping and \r\nmaintaining the cattle by any person in the prohibited zone. \r\n (3) No person shall, after the expiry of the period fixed under sub -\r\nparagraph (2), keep or maintain cattle in any part of the prohibited zone: \r\n provided that the prohibition shall not apply to– \r\n (i) cattle kept bona fide for sacrificial purpose; \r\n(ii) cattle kept for drawing carts or use in mills, with the permission \r\nof the local government and subject to such conditions as it may \r\nimpose; \r\n (iii) cattle under treatment in any veterinary hospital; \r\n(iv) cattle brought to a cattle market demarcated by the local \r\ngovernment for the purpose of sale; and \r\n(v) cattle brought to a slaughterhouse or kept by butchers for the \r\npurpose of slaughter within the area demarcat ed by the \r\nlocal government. \r\n (4) Persons affected by the prohibition order under sub -paragraph (2) to \r\nmeet their genuine needs may be allowed to keep and maintain their cattle at the \r\nplaces earmarked as “cattle colonies” by the local government on such ter ms and \r\nconditions as it may impose. \r\n3. Dangerous animals. – The concerned local government may, by byelaw, \r\nestablish a complaints mechanism through which complaints against specific \r\ndangerous animals can be received and a mechanism to determine if an indivi dual \r\nanimal against which a complaint has been received is a dangerous animal and such \r\nbyelaws, among other matters, may provide for the identification, detention, \r\nrelocation and, as a measure of last resort, humane euthanasia of specific individual \r\nanimals reported and determined to be dangerous. \r\n97 \r\n \r\n \r\n4. Disposal of carcasses.– Whenever an animal in the charge of a person dies, \r\notherwise than by being slaughtered for sale or consumption or for some other \r\nreligious purpose such person shall either– \r\n (a) convey the carcasses within twenty -four hours to a place, if any, fixed \r\nby the concerned local government for the disposal of the dead bodies \r\nof animals or to a place beyond the limits of its local area, not being a \r\nplace within two kilometers of such limits; or \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 \r\nfees from the person concerned as the byelaws may provide. \r\n5. Registration of the sale of cattle. – The concerned l ocal government may, \r\nby byelaws, require that sale of such animals as may be specified shall be registered \r\nwith the concerned local government in such manner and subject to the payment of \r\nsuch fees as the byelaws may provide. \r\nAnimal Trespass \r\n6. Power to se ize.– (1) A cultivator, tenant, occupier, vendee or mortgagee of \r\nany land or crop or produce or any part thereof or any person who has advanced \r\ncash for the cultivation of crop may seize or cause to be seized any animal \r\ntrespassing on such land and doing damage thereto, or any crop or produce thereon, \r\nto send them or cause them to be sent within twenty -four hours to a pound \r\nestablished under the Act. \r\n (2) Persons in charge of public roads, play grounds, parks, plantations, \r\ncanals, drainage works, embankment s and the like, or the officers of police, may \r\nseize or cause to be seized animals doing damage thereto, and shall send them or \r\ncause them to be sent, within twenty -four hours of the seizure, to the nearest animal \r\npound. \r\n7. Pounds.– The concerned local gov ernment may establish such number of \r\nanimal pounds as may be necessary and may fix, from time to time, the location of \r\nthe animal pounds, the rate of feeding, watering and accommodating the impounded \r\nanimals. \r\n8. Pound keepers. – The local government may app oint pound -keepers on \r\nwhole-time or part -time basis on such terms and conditions as may be fixed by the \r\nconcerned local government. \r\n9. Registers and returns. – (1) A pound -keeper shall keep such registers and \r\nfurnish such returns as may be required by the concerned local government. \r\n (2) When animals are brought to the pounds, the pound -keeper shall enter \r\nin the register the number and description of animals, the day and hour on which \r\nthey were so brought, the name and residence of the seizurer and that of the owner, \r\nif known, and shall give the seizurer or his agent a copy of such entry. \r\n10. Possession and feeding.– The pound-keeper shall take charge of, feed and \r\nwater the animals until they are disposed of as hereinafter provided. \r\n98 \r\n \r\n \r\n11. Fines for impounded animals.– For every animal impounded under the Act, \r\nthe pound -keeper shall levy a fine in accordance with the scale fixed by the \r\nconcerned local government and the fines so charged shall form part of and be \r\ncredited to the local fund. \r\n12. Delivery or sale of animals.– (1) If the owner of an impounded animal or his \r\nagent appears and claims the animal, the pound -keeper shall deliver it to him on \r\npayment of the fine and charges incurred in respect of such animal under proper \r\nreceipt to be recorded by the owner or his agent in the register. \r\n (2) If the animal is not claimed within seven days of impounding, the \r\npound-keepers shall inform the officer in charge of the Police Station who shall \r\nthereupon display at a conspicuous place in his office a notice stating the number \r\nand description of animals and places of seizure and impounding. A similar notice \r\nshall be displayed at a conspicuous place in the office of the concerned local \r\ngovernment. \r\n (3) If the animal is not claimed within seven days of the notice it shall be \r\nsold by the local government by open auction after giving sufficient publicity in the \r\nlocal area: \r\n Provided that the person auctioning the animals or the pound -keeper or his \r\nrelatives shall not bid for or purchase the impounded animals. \r\n (4) The proceeds of the s ale of the animal shall be paid to the owner if he \r\nappears within six months of the sale, after deduction of fines, feeding and other \r\ncharges. \r\nArboriculture \r\n13. Arboriculture.– The concerned local government shall plant trees on public \r\nstreets and other pu blic places within its local area and take all such steps as may \r\nbe necessary for the plantation and protection of trees on such streets and places. \r\n14. Nuisance pertaining to trees and plantations. – (1) A government may, by \r\nbyelaws, determine the pests of trees and plants and provide for their destruction. \r\n (2) If any land or premises within the local area of the concerned local \r\ngovernment is grown with rank or noxious vegetation, or under -growth, the local \r\ngovernment may by notice require the owner or the occupier of such land or \r\npremises to clear such vegetation or under -growth within a specified time and if he \r\nfails to do so within such time, the local government may have such vegetation or \r\nunder-growth cleared and the cost incurred shall be deemed to be a tax levied on the \r\nowner or occupier under the Act. \r\n (3) The concerned local government may, in the manner provided in the \r\nbyelaws, prohibit the cultivation of any crop which is considered dangerous to public \r\nhealth within such part of its local area as may be specified. \r\nBoundaries and Trees \r\n15. Boundary walls, hedges and fences.– (1) No boundary wall, hedge or fence \r\nof any material or description shall be erected in such parts of a local area as are \r\n99 \r\n \r\n \r\nspecified by a local government without the permission in writing of the concerned \r\nlocal government. \r\n (2) A local government may, by notice in writing, require the owner or \r\nlessee of any land in its local area– \r\n(a) to remove from the land any boundary wall, hedge or fence \r\nwhich is, in its opinion unsuitable, u nsightly or otherwise \r\nobjectionable; or \r\n(b) to construct on the land sufficient boundary walls, hedges or \r\nfences of such material, description or dimensions as may be \r\nspecified in the notice; or \r\n(c) to main the boundary walls, hedges or fences of such lands in \r\ngood order: \r\n provided that, in the case of any such boundary wall, hedge or fence which \r\nwas erected with the consent or under the orders of the concerned local government \r\nor which was in existence at the commencement of the Act the concerned local \r\ngovernment shall make compensation for any damage caused by the removal \r\nthereof. \r\n (3) A local government may, by notice in writing, require the owner, lessee \r\nor occupier of any such land to cut or trim any hedge on the land in such manner and \r\nwithin such time as may be specified in the notice. \r\n16. Felling, lopping and trimming of trees. – (1) Where, in the opinion of the \r\nconcerned local government the felling of any tree of mature growth standing in a \r\nprivate enclosure in its local area is necessary for any reason, the concerned local \r\ngovernment may, by notice in writing, require the owner, lessee or occupier of the \r\nland to fell the tree within such time as may be specified in the notice. \r\n (2) A local government may– \r\n(a) cause to be lopped or trimmed any tre e standing on land in its \r\nlocal area which belongs to the local government; or \r\n(b) by public notice require all owners, lessees or occupiers of land \r\nin its local area or by notice in writing require the owner, lessee \r\nor occupier of any such land, to lop or trim, in such manner as \r\nmay be specified in the notice, all or any trees standing on such \r\nland or to remove any dead trees from such land. \r\n17. Digging of Public Land. – No person shall, without the permission in writing of \r\nthe concerned local government, dig up the surface of any open space which is not a \r\nprivate property or take out earth therefrom. \r\n18. Improper use of land.– (1) If in the opinion of a local government the working \r\nof a quarry in its local area or the removal of stone, sand, earth or other material \r\nfrom the soil in any place in its local area is dangerous, to persons residing in or \r\nfrequenting the neighbourhood of such quarry or place, or creates, or is likely to \r\ncreate, a nuisance, the concerned local government may, by notice in writing, \r\nprohibit the owner, lessee or occupier of such quarry or place or the person \r\nresponsible for such working or removal, from continuing or permitting the working of \r\n100 \r\n \r\n \r\nsuch quarry or the moving of such material, or require him to take such steps in the \r\nmatter as the local government may direct for the purpose of preventing danger or \r\nabating the nuisance or likely to arise therefrom. \r\n (2) If, in any case referred to in sub -paragraph (1), the concerned local \r\ngovernment is of the opinion that such a course is necess ary in order to prevent \r\nimminent danger, it may, by order in writing, require a proper hoarding or fence to be \r\nput up for the protection of passers-by. \r\nBuilding and Land Use Control \r\n19. Sanction for buildings. – No person shall erect or re -erect a building or \r\ncommence to erect or re -erect a building on any land in a local area except with the \r\nprevious sanction of the concerned local government nor otherwise than in \r\naccordance with the provisions of the Act and of the rules and bye -laws made under \r\nthe Act relating to the erection and re-erection of buildings: \r\n20. Notice of new buildings. – (1) Whoever intends to erect or re -erect any \r\nbuilding in a local area shall apply for sanction by giving notice in writing of his \r\nintention to the concerned local government. \r\n (2) For the purposes of the Act, a person shall be deemed to erect or re -\r\nerect a building who– \r\n(a) makes any material alteration of enlargement of any building, or \r\n(b) converts into a place for human habitation any building not \r\noriginally constructed for that purpose, or \r\n(c) converts into more than one place for human habitation a \r\nbuilding originally constructed as one such place, or \r\n(d) converts two or more places of human habitation into one such \r\nplace or into greater number of such places, or \r\n(e) converts a building or a site or land meant for one particular use \r\nor in one particular zoning area into any other use or a use \r\nmeant for another zoning area, or \r\n(f) converts into a stable, cattle -shed or cow -house any building \r\noriginally constructed for human habitation, or \r\n(g) makes any alteration which there is reason to believe is likely to \r\naffect prejudicially the stability or safety of any building or the \r\ncondition of any building in respect of drainage, sanitation or \r\nhygiene, or \r\n(h) makes any alteration t o any building which increases or \r\ndiminishes the height of, or area converted by, or the cubic \r\ncapacity of, the building, or which reduces the cubic capacity of \r\nany room in the building below the minimum prescribed by any \r\nbye-law made under the Act. \r\n21. Conditions of valid notice. – (1) A person giving the required notice shall \r\nspecify the purpose for which he intends to use the building. \r\n101 \r\n \r\n \r\n (2) Where a plan to re -lay a street has been approved by the concerned \r\nlocal government, a person who intends to erect or re-erect a building or commences \r\nto erect or re -erect a building shall adopt the approved building or street line and for \r\nthis purpose any space required to be left vacant shall vest in the local government. \r\n (3) No notice shall be valid until it is made in the manner prescribed in the \r\nbye-laws made under the Act along with plans and other information which may be \r\nrequired therein, have been furnished to the satisfaction of the concerned local \r\ngovernment along with the notice. \r\n22. Power of Local Governmen t to sanction or refuse. – (1) The concerned \r\nlocal government may, for reasons to be recorded in writing, either refuse to sanction \r\nthe erection or re -erection, as the case may be, of the building, or may sanction it \r\neither absolutely or subject to such dir ections as it thinks fit in respect of all or any of \r\nthe following matters, namely:- \r\n (a) the free passage or way to be left in front of the building; \r\n (b) the space to be left around the building; \r\n (c) the ventilation of the building, the minimum cubic area of the rooms \r\nand the number and height of the storeys of which the building may \r\nconsist; \r\n (d) the provision and position of drains, latrines, urinals, cesspools or other \r\nreceptacles for wastes; \r\n (e) the level and width of the foundation, the level of the lowest floor and \r\nthe stability of the structure; \r\n (f) the line of frontage with neighbouring buildings if the building abuts on \r\na street; \r\n (g) the means to be provided for egress from the building in case of fire; \r\n (h) the materials and method of construction to be used for external and \r\ninternal walls for rooms, floors, fire-places and chimneys; \r\n (i) the height and slope of the roof above the uppermost floor upon which \r\nhuman beings are to live or cooking operations are to be carried on; \r\nand \r\n (j) any other matter affecting the ventilation, sanitation safety or \r\nenvironmental aspects of the building and its relationship with the \r\nsurrounding buildings or areas; \r\nand the person erecting or re -erecting the building shall obey all such \r\nwritten directions in every particular. \r\n (2) The concerned local government may refuse to sanction the erection or \r\nre-erection of any building, either on grounds sufficient in the opinion of the \r\nconcerned local government affecting the particular building, or in pursuance o f a \r\nnotified general scheme or plan of the concerned local government, restricting the \r\nerection or re -erection of buildings within specified limits or for any other public \r\npurpose. \r\n102 \r\n \r\n \r\n (3) The concerned local government before sanctioning the erection or re -\r\nerection of a building on land which is under the management of the Federal or \r\nProvincial Government or any agency thereof, shall ascertain in writing within thirty \r\ndays of application whether there is any objection on the part of the concerned \r\nGovernment to such erection or re-erection. \r\n (4) The concerned local government may refuse to sanction the erection or \r\nre-erection of any building– \r\n (a) when the land on which it is proposed to erect or re-erect the building is \r\nheld on a lease from the Federal or Prov incial Government if, the \r\nerection or re-erection constitutes a breach of the terms of the lease, or \r\n(b) when the land on which it is proposed to erect or re-erect the building is \r\nnot held on a lease from the Government, if the right to build on such \r\nland is in dispute between the person applying for sanction and the \r\nGovernment. \r\n (5) If the concerned local government decides to refuse to sanction the \r\nerection or re-erection of the building, it shall communicate in writing the reasons for \r\nsuch refusal to the person by whom notice was given. \r\n (6) The concerned local government may, after giving notice and for \r\nreasons to be recorded, cancel, modify or withdraw the sanction of a site plan at any \r\ntime. \r\n23. Compensation.– (1) No compensation shall be claimed by any person for \r\nany damage or loss which he may sustain in consequence of the refusal of the local \r\ngovernment of sanction to the erection of any building or in respect of any direction \r\nissued by it. \r\n (2) The concerned local government shall make compensatio n to the \r\nowner of any building for any actual damage or loss sustained by him in \r\nconsequence of the prohibition of the re -erection of any building or of its requiring \r\nany land belonging to him to be added to the street: \r\n Provided that the concerned local g overnment shall not be liable to make any \r\ncompensation in respect of the prohibition of the re -erection of any building which for \r\na period of three years or more immediately preceding such refusal has not been in \r\nexistence or has been unfit for human habitation. \r\n24. Lapse of sanction. – Every sanction for the erection or re -erection of a \r\nbuilding given or deemed to have been given by the concerned local government as \r\nhereinbefore provided shall be available for one year from the date on which it is \r\ngiven, an d, if the building so sanctioned is not begun by the person who has \r\nobtained the sanction or someone lawfully claiming under him within that period, it \r\nshall not thereafter be begun unless the concerned local government on application \r\nmade therefor has allowed an extension of that period. \r\n25. Period for completion of building.– The concerned local government, when \r\nsanctioning the erection or re -erection of a building as hereinbefore provided, shall \r\nspecify a reasonable period after the work has commenced wi thin which the erection \r\nor re-erection is to be completed, and, if the erection or re -erection is not completed \r\n103 \r\n \r\n \r\nwithin the period so fixed, it shall not be continued thereafter without fresh sanction \r\nobtained in the manner hereinbefore provided, unless the concerned local \r\ngovernment on application made therefor has allowed an extension of that period: \r\n Provided that not more than two such extensions shall be allowed by the \r\nconcerned local government in any case. \r\n26. Illegal erection and re -erection.– No per son shall begin, continue or \r\ncomplete the erection or re-erection of a building– \r\n (a) before the building has been sanctioned, or \r\n (b) without complying with any direction made to him, or \r\n (c) when sanction has been refused, or has ceased to be available, or has \r\nbeen suspended by the concerned local government. \r\n27. Power to stop erection or re -erection or to demolish. – (1) A local \r\ngovernment may, at any time, by notice in writing, direct the owner, lessee or \r\noccupier of any land in its local area to stop th e erection or re -erection of a building \r\nin any case in which the concerned local government considers that such erection or \r\nre-erection is an offence and may direct the alteration or demolition, as it thinks \r\nnecessary, of the building, or any part thereof, so erected or re-erected: \r\n Provided that the concerned local government may, instead of requiring the \r\nalteration or demolition of any such building or part thereof, accept by way of \r\ncomposition such sum as notified by the concerned local government. \r\n28. Completion of building or alteration of buildings. – (1) Every person who \r\nhas erected or re -erected a building shall, within thirty days of the completion of the \r\nbuilding, report such completion to the concerned local government. \r\n (2) The concerned local go vernment may cause to be inspected any \r\nbuilding of which construction has begun or which has been erected or re -erected in \r\nviolation or contravention of any provision of the Act, rules or the bye -laws or of the \r\nmaster plan or site development scheme, if an y. The local government may require \r\nthe alteration of the building so as to be in compliance therewith, and where such \r\nalteration is not possible, it may require the building or any part thereof to be \r\ndemolished, or on the application of the owner of such building compound the \r\noffence on payment of such composition fee as notified by the concerned local \r\ngovernment. \r\n (3) If a building is required to be demolished under the provisions of sub -\r\nparagraph (2) and such requirement is not complied with, within the specified period, \r\nthe local government may have the building demolished through its own agency and \r\nthe cost so incurred shall be deemed to be a tax levied on the owner or occupier of \r\nthe building under the Act. \r\n29. Regulation of buildings.– (1) Except with the prior sanction of the concerned \r\nlocal government, no building shall be put to a use other than shown in the building \r\nplan according to which it was erected or re-erected: \r\n104 \r\n \r\n \r\n Provided that the local government shall not sanction any change in the use \r\nof a building which may be in violation or contravention of the master plan or site \r\ndevelopment scheme, if any. \r\n (2) If any building or anything fixed thereon be deemed by the concerned \r\nlocal government to be in a ruinous state or likely to fall or in any way dangerous to \r\nany inhabitant of such building or of any neighbouring building or to any occupier \r\nthereof or to passers -by, the local government may, by notice, require the owner or \r\noccupier of such building to demolish it or to take such action in regard t o the \r\nbuilding as may be specified in the notice, and if there is default, the local \r\ngovernment may take necessary action and the cost so incurred shall be deemed to \r\nbe a tax levied on the owner or occupier of the building under the Act. \r\n (3) If a building is so ill constructed, or dilapidated or in dangerous \r\ncondition or otherwise unfit for human habitation, the concerned local government \r\nmay prohibit the occupation of such building till it has been suitably repaired to the \r\nsatisfaction of the local government. \r\n (4) If the building is in dangerous condition and declared unfit for human \r\nhabitation, the concerned local government may, for the purpose of demolition, eject \r\nthe owner or occupier from such building with such necessary force as may be \r\nrequired or in the laid down manner. \r\n (5) Where it appears to the concerned local government that any block of \r\nbuildings is in an unhealthy condition by reason of the manner in which the buildings \r\nare crowded together, or of the narrowness or closeness of the street, or of the want \r\nof proper drainage or ventilation, or of the impracticability of cleansing the buildings \r\nor other similar cause, it may cause the block to be inspected by a committee \r\nconsisting of such officials of the concerned local government as prescrib ed in the \r\nbye-laws. \r\n The committee shall make a report in writing to the concerned local \r\ngovernment on the sanitary condition of the block, and if it considers that the \r\ncondition thereof is likely to cause risk of disease to the inhabitants of the building or \r\nof the neighbourhood or otherwise to endanger the public health it shall clearly \r\nindicate on a plan verified by a senior technical professional of the concerned local \r\ngovernment the buildings which should in its opinion wholly or in part be removed in \r\norder to abate the unhealthy condition of the block. \r\n If, upon receipt of such report, the concerned local government is of the \r\nopinion that all or any building indicated should be removed, it may, by notice in \r\nwriting, require the owners, thereof to remove them: \r\n For the purposes of this sub -paragraph “buildings” includes enclosure walls \r\nand fences appertaining to buildings. \r\n (6) Where it appears to a local government that any building or part of a \r\nbuilding which is used as a dwelling house is so over crowded as to endanger the \r\nhealth of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in \r\nwriting require the owner or occupier of the building or part thereof, as the case may \r\nbe, within such time not being less than one month as may be specified in the notice, \r\nto abate the overcrowding of the same by reducing the number of lodgers, tenants, \r\nor other inmates to such number as may be specified in the notice. \r\n105 \r\n \r\n \r\n30 Projections and obstructions.– (1) No owner or occupier of any building in a \r\nlocal area shall, without the permission in writing of the concerned local government \r\nadd to or place against or in front of the building any projection or structure \r\noverhanging, projecting into, or encroaching on, any street or any drain, sewer or \r\naqueduct therein. \r\n (2) The concerned local government may, by notice in writing, require the \r\nowner or occupier of any such building to alter or remove any such projection or \r\nencroachment as aforesaid. \r\n31. Unauthorized buildings over drains, etc. – A local g overnment may, by \r\nnotice in writing, require any person who has, without its permission in writing, newly \r\nerected or re -erected any structure over any public sewer, drain, culvert, water -\r\ncourse or water-pipe in its local area to pull down or otherwise deal with the same as \r\nit thinks fit. \r\n32. Drainage and sewer connections.– (1) A local government may, by notice in \r\nwriting, require the owner or lessee of any building or land in any street, at his own \r\nexpense and in such manner as the concerned local governme nt thinks fit, to put up \r\nand keep in good condition proper troughs and pipes for receiving and carrying rain \r\nwater from the building or land and for discharging the same or to establish and \r\nmaintain any other connection or communication between such buildi ng or land and \r\nany drain or sewer. \r\n (2) For the purpose of efficiently draining any building or land in its local \r\narea, the concerned local government may, by notice in writing, require the owner or \r\nlessee of the building or land– \r\n (a) to pave, with such m aterials and in such manner as it thinks fit, any \r\ncourtyard, ally or passage between two or more buildings, or \r\n (b) to keep any such paving in proper repair. \r\n33. Power to attach brackets for lamps. – A local government may attach to the \r\noutside of any build ing, or to any tree in its local area, brackets for lamps in such \r\nmanner as not to occasion injury thereto or inconvenience. \r\n34. Power to make bye -laws.– A local government may make bye -laws \r\nprescribing– \r\n (a) the manner in which notice of the intention to erect or re -erect a \r\nbuilding in its local area shall be given to the local government and the \r\ninformation and plans to be furnished with the notice; \r\n (b) the type or description of buildings which may or may not, and the \r\npurpose for which a building may or may not, be erected or re -erected \r\nin its local area or any part thereof; \r\n (c) the minimum cubic capacity of any room or rooms in a building which is \r\nto be erected or re-erected; \r\n (d) the fees payable on provision by the concerned local government of \r\nplans or specifications of the type of buildings which may be erected in \r\nthe local area or any part thereof; \r\n106 \r\n \r\n \r\n (e) the circumstances in which a mosque, temple or church or other \r\nsacred building may be erected or re-erected; and \r\n (f) any other matter which the co ncerned local government may consider \r\nnecessary. \r\nBurial Places and Cremation \r\n35. Power to call for information regarding burial and burning grounds. – (1) \r\nThe concerned local government may, by notice in writing, require the owner or \r\nperson in charge of any burial or burning ground within its area to supply such \r\ninformation as may be specified in the notice concerning the condition, management \r\nor position of such ground. \r\n (2) No place which has not been used as a burial or burning ground before \r\nthe commencement of the Act shall be so used without the permission in writing of \r\nthe concerned local government. \r\n (3) No new burial or burning place shall be est ablished within the local \r\narea of a local government except under a license granted by the local government \r\nand in conformity with the condition of such license. \r\n (4) A burial or burning place which is not administered by a local \r\ngovernment shall be regist ered with the concerned local government and shall be \r\nsubject to regulation, supervision and inspection by it in such manner as the byelaws \r\nmay provide. \r\n (5) The Government may, by notification in the official Gazette, declare \r\nthat any burial or burning place which is open to public for burial or burning shall vest \r\nin a local government and thereupon such burial or burning place shall vest in the \r\nlocal government and it shall take all measures necessary for the proper \r\nmaintenance and administration thereof. \r\n (6) The concerned local government may provide suitable places for the \r\nburial or burning of the dead, and shall take necessary measures for the proper \r\nmaintenance and administration of such burial and burning places. \r\n (7) Where a local government after m aking or causing to be made a local \r\ninquiry, is of opinion that any burial or burning ground in its local area has become \r\noffensive, to, or dangerous to, the health of, persons living in the neighbourhood, it \r\nmay, by notice in writing, require the owner or person in charge of such ground to \r\nclose the same from such date as may be specified in the notice. \r\n (8) Where such notice is issued, the concerned local government may \r\nprovide at its own expense or, if the community concerned is willing to provide a new \r\nburial or burning ground, shall provide a grant to be made towards the cost of the \r\nsame. \r\n (9) No corpse shall be buried or burnt in any burial or burning ground in \r\nrespect of which a notice issued under this paragraph is for the time being in force. \r\nFairs and Shows \r\n36. Fairs and shows. – The concerned local government may make such \r\narrangements on the occasion of any fairs, shows or public festivals within its local \r\n107 \r\n \r\n \r\narea as may be necessary for the public health, public safety and public \r\nconvenience. \r\nDrainage and Sewerage \r\n37. Drainage.– (1) The concerned local government shall provide an adequate \r\nsystem of public drains in its local area and all such drains shall be constructed, \r\nmaintained, kept cleared and emptied with due regard to the health and convenienc e \r\nof the public. \r\n (2) Every owner or occupier of any land or building within the local area of \r\nthe concerned local government may, with its previous permission, and subject to \r\nsuch terms and conditions, including the payment of fees, as it may impose, caus e \r\nhis drains to be emptied into public drains. \r\n (3) All private drains shall be subject to control, regulation and inspection \r\nby the concerned local government. \r\n (4) Subject to the provisions of any other law for the time being in force, \r\nthe concerned loca l government may by notice direct a commercial or industrial \r\nconcern to provide for the disposal of its waste or effluent in the manner specified, \r\nand failure on the part of owner, tenant or occupier thereof to comply with such \r\ndirections, shall be a municipal offence. \r\n (5) The concerned local government may, by notice, require the owner of \r\nany building, land or an industrial concern within its local area– \r\n(a) to construct such drains within the building or land or the street \r\nadjoining such building or land and to take such other measures for \r\ntreatment and disposal of effluent as may be specified in the notice; \r\n(b) to remove, alter or improve any such drains; and \r\n(c) to take other steps for the effective drainage of the building or land as \r\nmay be specified. \r\n (6) In case of failure of owner to comply with the requirements of notice \r\nunder sub -paragraph (5), the concerned local government may itself cause such \r\nrequirements to be carried out, and the cost so incurred shall be deemed to be a tax \r\nlevied on the owner of the building or land, as the case may be, under the Act. \r\n38. Drainage and sewerage schemes for commercial and industrial area. – \r\n(1) The concerned local government may, by notice, require the owners, tenants and \r\noccupiers of commercial and industrial concerns in any area or areas within its local \r\narea to have at their own cost prepared a scheme for the adequate and safe \r\ndrainage and disposal of their wastes and effluent of the quality permitted under the \r\nrule or the byelaws and submit it to the local government within the time specified in \r\nthe notice: \r\n provided that the time limit may be extended by the local government for a \r\nmaximum period of three months at the request of the owners, tenants or occupiers \r\nof the commercial and the industrial units concerned. \r\n (2) The drainage, sewerage and disposal scheme as approved by the local \r\ngovernment with modifications, if any, shall be execu ted and implemented by the \r\n108 \r\n \r\n \r\nowners, tenants or occupiers of the commercial or industrial units at their expense in \r\nsuch manner and within such time as may be specified by the local government. \r\n (3) In case of the failure of the owners, tenants or occupiers of the \r\ncommercial or industrial concerns to comply with the provisions of sub -paragraphs \r\n(1) and (2), the concerned local government may itself prepare the drainage, \r\nsewerage and disposal scheme and execute and implement it at its own expense, \r\nand the cost so incurred shall, under the Act, be deemed to be a tax levied on the \r\nowners, tenants or occupiers of the industrial and commercial units concerned. \r\nEncroachments \r\n39. Encroachment.– (1) No person shall make an encroachment movable or \r\nimmovable on an open space or land vested in or managed, maintained or controlled \r\nby a local government, or on, over or under a street, road, graveyard, within its local \r\narea or a drain. \r\n (2) The local government may, after such notice as may be considered \r\nreasonable, remove t he encroachment mentioned in sub -paragraph (1) with such \r\nforce as may be necessary. \r\n (3) A person who trespasses into or is in wrongful occupation of a building \r\nor property which is vested in or is managed, maintained or controlled by a local \r\ngovernment may, in addition to any other penalty to which he may be liable under \r\nthe Act or any other law for the time being in force, after such notice as may be \r\nconsidered reasonable by the local government, be ejected from such building or \r\nproperty by the local government with such force as may be necessary. \r\n (4) Any person aggrieved by the notice issued under sub -paragraph (3) \r\nmay, within seven days, of the service of notice, appeal to such authority as may be \r\nprescribed in the bye-laws and its decision thereon shall be final. \r\n (5) Notwithstanding anything contained in any other law, no compensation \r\nshall be payable for any encroachment removed or ejectment carried out under this \r\nparagraph. \r\n (6) The cost of removal of encroachment or ejectment under this \r\nparagraph shall be payable to the local government by the encroacher or wrongful \r\noccupier, and if the cost is not paid on demand the local government may cause it to \r\nbe recovered as arrears of land revenue or cause the materials or articles used by \r\nthe encroacher or t he wrongful occupier of encroachment or wrongful occupation to \r\nbe sold in auction and if the proceeds of the sale are not sufficient to cover the cost \r\nthe balance shall be recoverable as arrears of land revenue but if such proceeds \r\nexceed the cost, the excess shall be paid to the encroacher or the wrongful occupier. \r\n (7) In this paragraph, “encroacher” or “wrongful occupier” shall include a \r\nperson who owns the materials or articles used for encroachment or wrongful \r\noccupation at the time of removal of encroachment or ejectment and also any person \r\nin possession thereof on his behalf or with his permission or connivance. \r\nFood and Markets \r\n40. Public markets and slaughter -houses.– (1) A local government may \r\nprovide and maintain within its own local area, public markets and public slaughter -\r\n109 \r\n \r\n \r\nhouses, in such number as it thinks fit, together with stalls, shops, sheds, pens and \r\nother buildings or conveniences for the use of persons carrying on trade or business \r\nin or frequenting such markets or slaughter-houses, and may provide and maintain in \r\nany such market buildings, places, machines, weights, scales and measures for the \r\nweighment or measurement of goods sold therein. \r\n (2) The concerned local government may at any time, by public notice \r\neither close or relocate any public market or public slaughterhouse or any part \r\nthereof. \r\n41. Use of public markets. – (1) No person shall, without the general or special \r\npermission for sale by such person be summarily removed from the market by or \r\nunder the orders of the concerned loc al government by any officer or servant of the \r\nconcerned local government authorized by it in this behalf. \r\n (2) Any person contravening the provisions of this paragraph and any \r\nanimal or article exposed for sale by such person may be summarily removed from \r\nthe market by or under the orders of the concerned local government by an officer or \r\nservant of the concerned local government authorized by it in this behalf. \r\n42. Levy of stallages, rents and fees. – A local government may, in respect of \r\npubic market and public slaughter houses– \r\n (a) charge for the occupation or use of any stall, shop standing, shed or \r\npen in a public market, or public slaughter -house; or for the right to \r\nexpose goods for sale in a public market; or for weighing or measuring \r\ngoods sold therein; or for the right to bring in goods on vehicles or \r\nanimals or for animals brought for sale or sold; or for the right to \r\nslaughter animals in any public slaughter -house; such stallages, rents \r\nand fees as it thinks fit; including that from brokers co mmission agents, \r\nand others practicing their calling therein; \r\n (b) or direct the concerned local government to receive such approved \r\nrents and fees leviable as aforesaid or any portion thereof for any \r\nperiod not exceeding one year at a time; or \r\n (c) put up to public auctions or dispose of by private sale, the privilege of \r\noccupying or using any stall, shops, standing, shed or pen in a public \r\nmarket or public slaughter house for such term and on such conditions \r\nas it may approve. \r\n43. Stallages, rents, etc. to be published. – A copy of the table of stallages, \r\nrents and fees, if any, leviable in any public market or public slaughter -house, and of \r\nthe bye -laws made under the Act for the purpose of regulating the use of such \r\nmarket or slaughter-house, printed in Urdu and in such other language or languages \r\nas the local government may direct, shall be affixed in some conspicuous place in \r\nthe market or slaughter-house. \r\n44. Private markets and slaughter -houses.– (1) No place in a local area other \r\nthan a public market shall be used as a market, and no place in a local area other \r\nthan a public slaughter-house shall be used as a slaughter-house, unless such place \r\n110 \r\n \r\n \r\nhas been licensed as a market or slaughter -house, as the case may be, by the \r\nconcerned local government. \r\n (2) Nothing in sub -paragraph (1) shall be deemed to restrict the slaughter \r\nof any animal in any place on the occasion of any festival or ceremony, subject to \r\nsuch conditions as to prior or subsequent notice as the concerned local government \r\nwith the previous sanction of the local government may, by public or special notice, \r\nimpose in this behalf. \r\n45. Conditions of grant of license for private market or slaughter-house.– (1) \r\nA local government may charge such fees as approved by its local government for \r\nthe grant of a licnese to any person to open a private market or private slaughter -\r\nhouse and may grant such license subject to such conditions, consistent with the Act \r\nand any bye-laws made thereunder, as it thinks fit to impose. \r\n (2) The concerned local governme nt may refuse to grant any such licence \r\nfor reasons to be recorded. \r\n46. Prohibition of keeping market or slaughter -house open without licence, \r\netc.– (1) No person shall keep open for public use any market or slaughter -house in \r\nrespect of which a licence th erefor is suspended, or after the same has been \r\ncancelled. \r\n (2) When a licence to open a private market or private slaughter -house is \r\ngranted or refused or is suspended or cancelled, the concerned local government \r\nshall cause a notice of the grant, refusal , suspension or cancellation to be pasted in \r\nUrdu and in such other language or languages as it thinks necessary, in some \r\nconspicuous place nearby the entrance of the place to which the notice relates. \r\n47. Prohibition of using unlicensed market or slaughte r-houses.– No person \r\nshall, knowing that any market or slaughter -house has been opened to the public \r\nwithout a licence having been obtained therefor when such licence is required by or \r\nunder the Act, or that the licence granted therefor is for the time be ing suspended or \r\nthat it has been cancelled, sell or expose for sale any article in such market, or \r\nslaughters any animal in such slaughter-house. \r\n48. Prohibition and restriction of use of slaughter -houses.– (1) Where, in the \r\nopinion of the concerned local government it is necessary on sanitary grounds so to \r\ndo, it may, by public notice, prohibit for such period, not exceeding one month as \r\nmay be specified in the notice, or for such further period, not exceeding one month, \r\nas it may specify by a like notice , the use of any private slaughter -house specified in \r\nthe notice, or the slaughter therein of any animal of any description so specified. \r\n (2) A copy of every notice issued under sub -paragraph (1) shall be \r\nconspicuously posted in the slaughter-house to which it relates. \r\n49. Power to inspect slaughter -house.– (1) Any servant of a local government \r\nauthorized by order in writing in this behalf by the concerned local government may, \r\nif he has reason to believe that any animal has been, is being, or is about to be \r\nslaughtered in any place in contravention of the provisions of the Act enter into and \r\ninspect any such place at any time, whether by day or by night. \r\n111 \r\n \r\n \r\n (2) Every such order shall specify the place to be entered and the locality \r\nin which the same is situa ted and the period, which shall not exceed seven days, for \r\nwhich the order is to remain in force. \r\n50. Power to make bye -laws.– A local government may make bye -laws \r\nconsistent with the Act to provide for all or any of the following matters, namely:- \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 (b) the regulation of the design, ventilation and drainage of such markets \r\nand slaughterhouses, and the material to be used in the construction \r\nthereof; \r\n (c) the keeping of such markets and slaughter -houses and lands and \r\nbuildings appertaining thereto in a clean and sanitary condition, the \r\nremoval of filth and refuse therefrom, and the supply therein of pure \r\nwater and of a sufficient number of latr ines and urinals for the use of \r\npersons using or frequenting the same; \r\n (d) the manner in which animals shall be stalled at a slaughter-house; \r\n (e) the manner in which animals may be slaughtered; \r\n (f) the disposal or destruction of animals offered for slaughter which are, \r\nfrom disease or any other cause, unfit for human consumption; \r\n (g) the destruction of carcasses which from disease or any other cause are \r\nfound after slaughter to be unfit for human consumption; \r\n (h) any other matter which the concerne d local government may consider \r\nnecessary including any specific exemptions from the application of the \r\nbye-laws. \r\nLicensing: General Provisions \r\n51. Power to vary license.–If a local government is satisfied that any place used \r\nunder a license granted by it under the Act is a nuisance or is likely to be dangerous \r\nto life, health or property, the concerned local government may, by notice in writing, \r\nrequire the owner, lessee or occupier thereof to discontinue the use of such place or \r\nto effect s uch alterations, additions, or improvements as will, in the opinion of the \r\nconcerned local government, render it no longer a nuisance or dangerous. \r\nOpen Spaces \r\n52. Gardens.– (1) The concerned local government may lay -out and maintain \r\nwithin its local area such public gardens as may be necessary for the recreation and \r\nconvenience of the public and such public gardens shall be maintained and \r\nadministered in such manner as the byelaws, may provide. \r\n (2) For every public garden there shall be framed and enforce d, in the \r\nmanner prescribed, a garden development plan, which shall provide for the \r\ndevelopment and improvement of the garden. \r\n112 \r\n \r\n \r\n53. Open spaces.– The concerned local government may provide and maintain \r\nwithin its local area such open spaces as may be necess ary for the convenience of \r\nthe public and such spaces shall be grassed, hedged, planted and equipped with \r\nsuch amenities and in such manner as the byelaws may provide. \r\nPlanning \r\n54. Land use plan.– Subject to any other special law for the time being in forc e, \r\nthe concerned local government may draw up or cause to draw up land use plan for \r\nits local area which shall, among other matters, provide for– \r\n (a) a survey of its local area including its history, statistics, public service \r\nand other particulars; \r\n (b) development, expansion and improvement of any area within the local \r\narea; \r\n (c) restrictions, regulations and prohibitions to be imposed with regard to \r\nthe development of sites, and the erection and re -erection of buildings \r\nwithin the local area; and \r\n (d) such other matters as the concerned local government may require to \r\nbe included in the plan. \r\n55. Site development schemes.– (1) Where a plan has been drawn up and such \r\nplan has been approved, no owner of land exceeding such area as may be specified \r\nin this behalf in the plan so approved shall develop the site or erect or re -erect a \r\nbuilding on any plot of land covered by the plan, except in conformity with the \r\nprovisions of a site development scheme sanctioned for the area in the manner \r\nprescribed. \r\n (2) Where a plan has not been drawn up, no owner of land shall develop \r\nthe site or erect or re -erect any building on any plot or land except in conformity with \r\nthe provisions of the site development scheme sanctioned by the concerned local \r\ngovernment. \r\n (3) An owner of land who desires to develop a plot or a piece of land \r\nbelonging to him for which no sanctioned site development scheme exists, or where \r\nthe proposed development is not in conformity with the existing development \r\nscheme, he may apply to the concern ed local government for sanction of his \r\ndevelopment scheme and the local government may, on such terms and conditions \r\nand on payment of such fees or charges as may be laid down by it in its byelaws, \r\nsanction the same: \r\n provided further that the concerned l ocal government may, after giving notice \r\nand for reasons to be recorded, cancel, modify or withdraw the sanction any time. \r\n (4) Among other matters, the site development scheme shall provide for– \r\n(a) the division of the site into plots; \r\n(b) provision for streets, drains and open spaces; \r\n(c) reservation of land for public utility services to be transferred to the \r\nconcerned local government; \r\n113 \r\n \r\n \r\n(d) provisions for acquisition of land by the local government, if any; \r\n(e) the works that shall be executed at the co st of the owners of the \r\nsite or sites; and \r\n(f) the period during which the area shall be developed. \r\n (5) The land reserved for public utility services in the Site Development \r\nScheme shall be transferred, free of cost, by the owner or the owners to the loca l \r\ngovernment before the sanction of the scheme. Such land shall not be converted or \r\nused for any purpose other than that shown in the same scheme. \r\n56. Execution of site development schemes. – (1) The execution of site \r\ndevelopment scheme shall be subject to the inspection and control of the concerned \r\nlocal government and the local government may from time to time give such \r\ndirections with regard to the execution of the scheme as may be deemed necessary. \r\n (2) If any area is developed or otherwise dealt with in contravention of the \r\nprovisions of the sanctioned scheme, the local government may, by notice, require \r\nthe owner of such area or the person who has contravened the provisions to make \r\nsuch alteration, in the site as may be specified in the notice, and wher e such \r\nalteration is not made or for any reason cannot be carried out, the local government \r\nmay require and enforce the demolition of unauthorized structure and \r\nnotwithstanding anything to the contrary contained in any law, no compensation shall \r\nbe payable for such demolition. \r\n (3) If an area for which a scheme has been sanctioned is not developed \r\nwithin the period provided in the scheme and further extension is not allowed by the \r\nlocal government, or if the development is not in conformity with the terms o f the site \r\ndevelopment scheme, the local government may take over the development of the \r\nscheme and execute the necessary works as prescribed. \r\nSanitation \r\n57. Insanitary buildings and lands. – (1) The concerned local government may, \r\nby notice, require the owners or occupier of any building or land which is in insanitary \r\nor unwholesome state– \r\n(a) to clean or otherwise put in it in a proper state; \r\n(b) to make arrangements to the satisfaction of the local government for its \r\nproper sanitation; and \r\n(c) to limewash the building and to make such essential repairs as may be \r\nspecified in the notice. \r\n (2) If in the opinion of a local government any well, tank, reservoir, pool, \r\ndepression, or excavation, or any bank or tree, is in a ruinous state or for want of \r\nsufficient repairs, protection or enclosure a nuisance or dangerous to persons \r\npassing by or dwelling or working in the neighbourhood, the concerned local \r\ngovernment may by notice in writing, require the owner or part -owner or person \r\nclaiming to be the owner or par t-owner thereof, or, failing any of them, the occupier \r\nthereof to remove the same, or may require him to repair, or to protect or enclose the \r\nsame in such manner as it thinks necessary; and, if the danger is, in the opinion of \r\n114 \r\n \r\n \r\nthe concerned local governmen t imminent, it shall forthwith take such steps as it \r\nthinks necessary to avert the same. \r\n58. Removal, collection and disposal of refuse. – (1) The concerned local \r\ngovernment shall make adequate arrangements for the removal of refuse from all \r\npublic roads and streets, public latrines, urinals, drains and all buildings and lands \r\nvested in the local government and for the collection and proper disposal of such \r\nrefuse. \r\n (2) The occupiers of all other buildings and lands within the local area of a \r\nlocal government shall be responsible for the removal of refuse from such buildings \r\nand land subject to the general control and supervision of the local government \r\nwhere relevant. \r\n (3) The concerned local government shall cause public dustbins or other \r\nsuitable recepta cles to be provided at suitable places and where such dustbins or \r\nreceptacles are provided, the concerned local government may, by public notice, \r\nrequire 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 (4) All refuse removed and collected by the staff of a local government or \r\nunder their control and supervision and all refuse deposited in the dustbins and other \r\nreceptacles provided by the local govern ment shall be property of the local \r\ngovernment. \r\n (5) The concerned local government may, by notice issue directions at \r\nwhich the manner in which and the conditions subject to which, any matter referred \r\nto in this paragraph may be carried out. \r\n59. Latrines and urinals.– (1) The concerned local government shall provide and \r\nmaintain in sufficient number and in proper situations public latrines and urinals for \r\nthe separate use of each sex, and shall cause the same to be kept in proper order \r\nand to be regularly and properly cleaned. \r\n (2) A local government may, by notice in writing:- \r\n(a) require any person having the control whether as owner, lessee or \r\noccupier of any land or building– \r\n(i) to close any cesspool appertaining to the land or building which \r\nis, in the opinion of the concerned local government a nuisance; \r\nor \r\n(ii) to keep in a clean condition, in such manner as may be \r\nspecified in the notice, any receptacle or filth or sewage \r\naccumulating on the land or in the building; or \r\n(iii) to prevent the water of any private latrine, urinal, sink or bath -\r\nroom or any other offensive matter, from soaking, draining or \r\nflowing, or being put, from the land or building upon any street or \r\nother public place or into any water -course or other specified \r\nwaterbody or into any drain not intended for the purpose; or \r\n(iv) to collect and deposit for removal by the conservancy \r\nestablishment of the concerned local government within such \r\n115 \r\n \r\n \r\ntime and in such receptacle or place, situated at not more than \r\nthirty five meters from the neare st boundary of the premises, as \r\nmay be specified in the notice, any offensive matter or rubbish \r\nwhich such person has allowed to accumulate or remain under, \r\nin or on such building or land; or \r\n(b) require any person to desist from making or altering any dra in leading \r\ninto a public drain; or \r\n(c) require any person having the control of a drain to cleanse, purify, \r\nrepair or alter the same, or otherwise put it in good order, within such \r\ntime as may be specified in the notice. \r\n (3) Where any premises are without privy or urinal accommodation, or \r\nwithout adequate privy or urinal accommodation, or the privy or urinal is on any \r\nground objectionable, the concerned local government may, by notice, require the \r\nowner or occupier of such premises– \r\n(a) to provide such or such additional privy or urinal accommodation as \r\nmay be specified in the notice; \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(c) to remove the privy or urinal; and \r\n(d) where there is any underground sewerage system to substitute \r\nconnected privy or connected urinal accommodation for any service \r\nprivy or service-urinal accommodation. \r\n (4) In case the owner or occupier of any building or land who has been \r\nserved notice under sub -paragraph (3), fails to make arrangements to the \r\nsatisfaction of the concerned local authority for the matter referred to in this \r\nparagraph, the concerned local government may undertake such roles and the cost \r\nso incurred shall be deemed to be a tax levied under the Act on the owner or \r\noccupier. \r\n60. Private latrines .– The concerned local government may, by notice in \r\nwriting,– \r\n(a) require the owner or other person having the control of any private \r\nlatrine or urinal not to put the same to public use; or \r\n(b) where a ny plan for the construction of private latrines or urinals has \r\nbeen approved by the concerned local government and copies thereof \r\nmay be obtained free of charge on application,– \r\n(i) require any person repairing or constructing any private latrine or urina l \r\nnot to allow the same to be used until it has been inspected by or under \r\nthe direction of the concerned local government and approved by it as \r\nconforming with such plan; or \r\n(ii) require any person having control of any private latrine or urinal to re -\r\nbuild or alter the same in accordance with such plan; or \r\n116 \r\n \r\n \r\n(c) require the owner or other person having the control of any such \r\nprivate latrine or urinal which, in the opinion of the concerned local \r\ngovernment constitutes a nuisance, to remove the latrine or urinal; or \r\n(d) require any person having the control whether as owner, lessee or \r\noccupier of any land or building– \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(ii) to keep such latrine or urinal in proper state to the satisfaction of the \r\nconcerned local government and shall employ such staff for the \r\npurpose as may be necessary or as may be specified by the local \r\ngovernment. \r\n(e) require any person being the owner and having the control of any drain \r\nto provide, within ten days from the service of the notice, such covering \r\nas may be specified in the notice. \r\n61. Bathing and washing places. – The concerned local government may from \r\ntime to time– \r\n(a) set apart suitable places for use by the public for bathing; \r\n(b) specify the time at which and the gender of persons by whom such \r\nplaces may be used; and \r\n(c) prohibit by public notice, the use by the public for any of the said \r\npurposes of any place not so set apart. \r\nRegistration of Births and Deaths \r\n62. Births and deaths.– The concerned local government shall register all births \r\nand deaths within the limits of its local area and information of such births and \r\ndeaths shall be given by such persons or authorities, and shall be registered in such \r\nmanner, as may be prescribed. \r\nStreets and Street Lighting \r\n63. Public streets. – (1) The concerned local government shall provide and \r\nmaintain such public streets and other means of public communications as may be \r\nnecessary. \r\n (2) The concerned local government shall, in the manner prescribed, \r\nprepare and execute a road maintenance and development programme. \r\n64. Streets.– (1) No new street shall be laid out except with the previous sanction \r\nof the concerned local government and in conformity with the terms and conditions of \r\nsuch sanction. \r\n (2) All streets other than public streets shall be maintained in such manner \r\nas the byelaws may provide. \r\n (3) The concerned local government may, by notice, require that any street \r\nmay be paved, metalled, drained, channeled, approved or lighted in such manner as \r\n117 \r\n \r\n \r\nmay be specified and in the event of default, the local government may have the \r\nnecessary work done through its agency and the cost so incurred shall be deemed to \r\nbe a tax levied on the person concerned under the Act. \r\n (4) Government may prescribe the manner in which a street other than a \r\npublic street may be converted into a public street. \r\n65. Street lighting and electrification. – (1) The concerned local government \r\nshall take such measures as may be necessary for the proper lighting of the public \r\nstreets and other public places vested in the local government by oil, gas, electricity, \r\nsolar or such other illuminant as the local government may determine. \r\n (2) The local gover nment shall also provide or cause to be provided \r\nelectricity in coordination with the concerned department to its local area for public \r\nand private purposes. \r\n (3) The concerned local government may frame and enforce street lighting \r\nand electrification schemes. \r\n66 Street watering.– The concerned local government shall take such measures \r\nas may be necessary for the watering of public streets for the comfort and \r\nconvenience of the public, and may, for this purpose, maintain such vehicles, staff \r\nand other apparatus as may be necessary. \r\n67. Provision of washing places. – (1) A local government may provide suitable \r\nplaces for the exercise by washermen of their calling, and may require payment of \r\nsuch fees as may be prescribed by the local government. \r\n (2) Where the concerned local government has provided such places as \r\naforesaid it may, by public notice, prohibit the washing of clothes by washermen at \r\nany other place within that part of the local area: \r\n Provided that such prohibition shall not be deemed to apply to the washing by \r\na washerman of his own clothes or of the clothes of any other person who is an \r\noccupier of the place at which they are washed. \r\n68. Public ferries. – (1) The concerned local government may, by byelaws, \r\nprovide for the licensing of boats and ot her vessels plying for hire in a public \r\nwatercourse and may specify the terms and conditions for the grant of licences and \r\nthe fees to be charged therefor. \r\n (2) Government may declare any part of the public watercourse to be a \r\npublic ferry and may entrust the management thereof to the concerned local \r\ngovernment which shall manage and operate the public ferry in such manner and \r\nlevy such toll as may be necessary. \r\nWater Supply \r\n69. Water supply.– (1) The concerned local government shall provide or cause to \r\nbe provided to its local area a supply of wholesome water sufficient for public and \r\nprivate purposes. \r\n118 \r\n \r\n \r\n (2) Where a piped water supply is provided, the concerned local \r\ngovernment shall supply water to private and public premises in such manner and on \r\npayment of such charges as the byelaws may provide. \r\n70. Private source of water supply. – (1) All private sources of water supply \r\nwithin the local area of the concerned local government shall be subject to control, \r\nregulation and inspection by the local government. \r\n (2) No new well, water -pump or any other source of water for drinking \r\npurposes, shall be dug, constructed or provided except with the sanction of the \r\nconcerned local government. \r\n (3) The concerned local government may, by notice, require the owner or \r\nany person having the control of any private source of water supply used for drinking \r\npurposes– \r\n(a) to keep the same in good order and to clean it from time to time of silt, \r\nrefuse and decaying matter; \r\n(b) to protect the same from contamination in such manner as the local \r\ngovernment directs; and \r\n(c) if the water therein is proved to the satisfaction of the local government \r\nto be unfit for drinking purposes, to take such measures as may be \r\nspecified in the notice to prevent the use of such water for drinking \r\npurposes. \r\n71. Public watercourses. – (1) The concerned local government may, with the \r\nprevious sanction of the Government, declare any source of water, river, spring, \r\ntank, pond or public stream, or any part thereof within its local area, which is not \r\nprivate property, to be a public watercourse. \r\n (2) The concerned local government may, in respect of any public \r\nwatercourse, provide such amenities, make such arrangements for lifesaving, \r\nexecute such works, and subject to the provisions of any law for the time being in \r\nforce relating to irrigation, drainage and navigation, regulate the use thereof, as the \r\nbyelaws may provide. \r\n72. Tanks, ponds and low -lying areas.– The concerned local government may \r\ntake such steps with regard to the excavation or re -excavation of tanks and ponds \r\nand the reclamation of low -lying areas as it thinks fit or, as the case may be, \r\nGovernment directs. \r\nNaming or Re-Naming of Roads, Streets or Public Places \r\n73. Power to Name or Rename a road, a street or a public place. – The \r\nconcerned local government may, in the prescribed manner, name or re -name, any \r\nroad, street or public place within its local area. \r\n \r\n119 \r\n \r\n \r\nEIGHTH SCHEDULE \r\n[see sections 172, 178] \r\nOFFENCES REQUIRING TRIAL BY A COURT \r\nPART-I \r\nSr.# Offence \r\n1. Failure of industrial or commercial concerns to provide adequate and safe \r\ndisposal of affluent or prevention of their mixing up with the water supply or \r\nsewerage system; or \r\nDischarging any dangerous chemical, inflammable, hazardous or offensive \r\narticle in any drain, or sewer, public water course or public land vested in or \r\nmanaged, maintained or controlled by the local government in such manner \r\nas causes or is likely to cause danger to persons passing by or living or \r\nworking in neighbourhood, or risk or injury to property. \r\n2. Development of a private housing scheme: without approval of a local \r\ngovernment; or on a non-conforming use. \r\nPART-II \r\nSr. # Offence \r\n3. Overcharging or illegally charging any tax, fee, fine, charge or rate by an \r\nemployee of a local government or a contractor or his staff without the \r\nauthority of a local government. \r\n4. Preparing or using counterfeit or prescribed Forms of the local government. \r\n5. Willfully obstructing any officer or servant of a local government or any person \r\nauthorized to exercise power conferred under this Act. \r\n6. Failure to deliver back possession of property to the local government on \r\ncancellation and expiration of lease. \r\n7. Doing an act without license or permission when the doing of such act \r\nrequires a license or permission under any of the provisions of this Act or the \r\nrules or bye-laws. \r\n8. Evasion of payment of tax or other impost lawfully levied by a local \r\ngovernment. \r\n9. Supplying or marketing drinking water for human consumption in any form, \r\nfrom any source which is contaminated or suspected to be dangerous to \r\npublic health, or its use has been prohibited by a local government on the \r\nground of being unsafe for human consu mption, or whose quality and \r\nsuitability for human consumption has not been ascertained and certified by a \r\nlaboratory authorized by the Government. \r\n10. Cultivation of agriculture produce or crop, for supply or sale to public using \r\nsuch manure, or irrigating it with sewer water or any such liquid as may be \r\ninjurious to public health or offensive to the neighbourhood. \r\n120 \r\n \r\n \r\n11. Violation of the prohibitions pr ovided in the Master Plan, the sanctioned Site \r\nDevelopment Schemes under this Act or any other law for the time being in \r\nforce including the plans and schemes sanctioned under the repealed \r\nenactments. \r\n12. Immovable encroachment in or on or under any property or any open space \r\nor land \r\nvested in or managed, maintained or controlled by a local government. \r\n13. Erection or re -erection of building over set back area or parking area or \r\nbuilding line area required to be left open under the rules for using such space \r\nfor any purpose which is not approved. \r\n14. Changing or converting into any other use any portion of a commercial \r\nbuilding or area specified or earmarked for public parking. \r\n15. Failure to demolish or otherwise secure a building declared by the local \r\ngovernment to be dangerous building. \r\n16. Establishing any parking stand on any property or on any open space and \r\npublic park or land vested in or managed, maintained or controlled by a local \r\ngovernment on or under a street, road, graveyard or a drain without the \r\nsanction of the concerned local government. \r\n17. Quarrying, blasting, cutting timber or carrying building operations in such \r\nmanner as causes or is likely to cause danger to persons passing by or living \r\nor working in the neighbourhood. \r\n18. Erection or re -erection of a building without the sanction required under this \r\nAct or using a building for a purpose which may endanger the security of \r\npeople. \r\n19. Dyeing or tanning skins within such distance of any commercial or residential \r\nareas as may be specified by the local government. \r\n20. Dumping of solid waste and refuse by any person or entity on a place other \r\nthan landfill or dumping site, notified or designated by the concerned local \r\ngovernment. \r\n21. Contravention of the prohibition or attempt or abetment of any of the offences \r\nin this Part \r\nPART-III \r\nSr.# Offence \r\n22. Establishing any cattle market without permission of the local government. \r\n23. Establishing any bus, wagon, taxi or other commercial motorized or non -\r\nmotorized vehicle stand, for purposes of plying them on different routes, on \r\nany road, street, footpath, public place or any other property vested or \r\nmanaged or controlled or maintained by a local government without its \r\npermission. \r\n121 \r\n \r\n \r\n24. Establishing or running any restaurant or vending stalls for eatables on any \r\nroad, street, footpath, public place, over a drain, or any other property vesting \r\nin or managed or controlled or maintained b y a local government without its \r\npermission. \r\n25. Establishing a brick kiln and lime kiln within such distance of a residential area \r\nas may be specified by the local government. \r\n26. Cutting down of any tree, or erection or demolition of any building or part of a \r\nbuilding where such action is declared under this Act to be a cause of danger \r\nor annoyance to the public. \r\n27. Contravention of the prohibition or attempt or abetment of any of the offences \r\nin this Part. \r\n \r\n \r\n122 \r\n \r\n \r\nNINTH SCHEDULE \r\n[see sections 172, 174] \r\nOFFENCES WHERE TICKET CAN BE ISSUED \r\nSr.# Offence Amount of Fine \r\n1. Fixing of wooden khokhas, and temporary shops or \r\nextension thereof on footpaths or beyond the street \r\nline. \r\nRs.4,000 \r\n \r\n2. Plying of handcarts for the sale of goods without \r\npermission. \r\nRs.500 \r\n3. Failure by the owner or occupier of any land to clear \r\naway and remove any vegetation declared by a local \r\ngovernment to be injurious to health or offensive to \r\nneighbourhoods. \r\nRs.1,000 \r\n4. Slaughtering of animals for the sale of meat at a place \r\nother than the place set apart for the purpose. \r\nRs.4,000 \r\n5. Without the permission of the local government, \r\ncausing or knowingly or negligently allowing the \r\ncontents of any sink, sewer or cesspool or any other \r\noffensive matter to flow, or drain or to be put upon any \r\nstreet, or public place, or into irrigation channel or any \r\nsewer or drain not set apart for the purpose. \r\nRs.10,000 in case of \r\nindustrial concerns, \r\nRs.5,000 in case of \r\ncommercial \r\nconcerns and \r\nRs.2,000 for others. \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 \r\nto this effect has been made. \r\nRs.5,000 \r\n7. Keeping ferocious dogs or other animals in residential \r\nareas or taking such animals to public places or the \r\nareas specified by the local government, without leash \r\nor chain and without being muzzled or to set at large \r\nany animal or dog infected with rabies or any other \r\ninfectious disease. \r\nRs.10,000 \r\n8. Obstructing or tampering with any road, street, drain or \r\npavement. \r\nRs.5,000 \r\n9. Obstructing or tampering with any main pipe, meter or \r\nany apparatus or appliance for the supply of water or \r\nsewerage system. \r\nRs.5,000 \r\n10. Without the previous sanction of the local government: \r\n1. laying out a drain or altering any drain in a street or \r\nroad; \r\n2. connecting any house drain with a drain in a public \r\nstreet; and \r\n3. drawing off, diverting or taking any water except with \r\nthe permission required under this Act. \r\nRs.5,000 \r\n123 \r\n \r\n \r\n11. Without prior permission of the local government, \r\nexcavation of earth, stone or any other material within \r\nsuch distance of the residential area as specified by \r\nthe local government. \r\nRs.5,000 \r\n12. Burying or burning a dead body at a place which is not \r\na public or registered burial or burning place, except \r\nwith the sanction of the local government. \r\nRs.5,000 \r\n13. Failure to furnish, on requisition, information in respect \r\nof any matter which a local government is authorized \r\nto call for under any of the provisions of this Act, rules \r\nor bye-laws or furnishing wrong information. \r\nRs.5000 \r\n14. Obstructing lawful seizur e of animals liable to be \r\nimpounded on the ground of violations of rules or by -\r\nlaws governing the picketing, tethering, keeping, \r\nmilching or slaughter of animals or their trespass of \r\nprivate or public property. \r\nRs.5,000 \r\n15. Picketing, parking animals o r collecting carts or \r\nvehicles on any street, using any street as a halting \r\nplace for vehicle or animals or as a place encampment \r\nwithout the permission of the local government. \r\nRs.1,000 \r\n16. Causing or permitting animals to stray or keeping, \r\ntethering, stalling, feeding or gazing any cattle on any \r\nroad, street or thoroughfare or in any public place or \r\ndamaging or causing or permitting to be damaged any \r\nroad, street or thoroughfare by allowing cattle to move \r\nthereon. \r\nRs.1,000 \r\n17. Disposal of carcasses of animals within prohibited \r\ndistance. \r\nRs.5,000 \r\n18. Failure to dispose of offal, fat or any organ or part of a \r\ndead animal in a place set apart for the purpose by the \r\nlocal government. \r\nRs.3,000 \r\n19. Throwing or placing any refuse, litter or garbage on \r\nany street, or in any place, not provided or appointed \r\nfor the purpose by a local government. \r\nRs.1,000 \r\n20. Failure to provide for disposal of litter or garbage \r\ninside or outside a shop by its owner or occupier. \r\nRs.1,000 \r\n21. Failure to maintain clean premises of the area in front \r\nof a shop, office or factory up to the public street or \r\nroad serving this facility. \r\nRs.2,000 \r\n22. Watering cattle or animals, or bathing or washing at or \r\nnear a well or other source of drinking water for the \r\npublic. \r\nRs.1,000 \r\n23. Steeping hemp, jute or any other plant in or near a \r\npond or any other excavation within such distance of \r\nRs.2,000 \r\n124 \r\n \r\n \r\nthe residential area as may be specified by a local \r\ngovernment. \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 \r\nrefuse by an owner or occupier of a house, shop, \r\noffice, industry or premises. \r\nRs.5,000 in case of \r\nindustrial concerns, \r\nRs.3,000 in case of \r\ncommercial \r\nconcerns and \r\nRs.2,000 for others. \r\n25. Failure to clean the premises, houses, shops and \r\ncultivated lands of the plastic bags and other non -\r\nperishable materials. \r\nRs.1,000 \r\n26. Damaging or polluting physical environment, inside or \r\noutside private or public premises, in a manner to \r\nendanger public health. \r\nRs.4,000 for public \r\npremises and \r\nRs.1,000 for private \r\npremises \r\n27. Failure by the owner or occupier of any land to cut or \r\ntrim the hedges growing thereon which overhang any \r\nwell, tank or other source from which water is derived \r\nfor public use. \r\nRs.1,000 \r\n28. Failure by the owner or occupier of any land or building \r\nto clean, repair, cover, fill up or drain off any private \r\nwell, tank or other source of water supply, which is \r\ndeclared under this Act to be injurious to health or \r\noffensive to the neighbourhood. \r\nRs.2,000 \r\n29. Failure to stop leakages of water pipes, faucets and \r\nsanitary fittings resulting in dirty 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 \r\nto put up and keep in good condition troughs and pipes \r\nfor receiving or carrying water or sullage water. \r\nRs.2,000 \r\n31. Defacing or disturbing, without due authorization, any \r\ndirection-post, lamp po st or lamp extinguishing or any \r\nlight arranged by a local government. \r\nRs.2,000 \r\n32. Fixing any bill, notice, playcard, poster or other paper \r\nor means of advertisement against or upon any private \r\nor public building or place other than the places fixed \r\nfor the purpose by a local government. \r\nRs.10,000 \r\n33. Exhibiting any obscene advertisement. Rs.20,000 \r\n34. Loud playing of music or radio, beating of drum or tom-\r\ntom, blowing a horn or beating or sounding any brass \r\nor other instruments or utensils in contravention of any \r\ngeneral or special prohibition issued by a local \r\ngovernment or in and around a hospital or an \r\neducational institution. \r\nRs.5,000 \r\n125 \r\n \r\n \r\n35. Loud shouting in abusive language causing distress to \r\nthe inhabitants of a neighbourhood or Village or any \r\nother public place. \r\nRs.2,000 \r\n36. Using or allowing the use for human habitation of a \r\nbuilding declared by a local government to be unfit for \r\nhuman habitation. \r\nRs.2,000 \r\n37. Failure to lime-wash or repair a building, if so required \r\nby local government. \r\nRs.2,000 \r\n38. Begging importunately for alms by exposing any \r\ndeformity or disease or any offensive sore or wound to \r\nsolicit charity. \r\nRs.1,000 \r\n39. Causing or permitting to be caused by any owner or \r\nkeeper of an animal which, through neglect or \r\notherwise, damages any land or crop or produce of \r\nland, or any public road. \r\nRs.2,000 \r\n40. Selling cattle and animals in contravention of any law, \r\nrule or by-laws of a local government. \r\nRs.2,000 \r\n41. Digging of public land without the permission in writing \r\nof local government. \r\nRs.2,000 \r\n42. Contravention of any prohibition or direction of the \r\nlocal government issued under this Act or the rules. \r\nRs.1,000 \r\n43. Attempt or abetment of any of the offence in this \r\nSchedule. \r\nSame as for the \r\noffence specified in \r\nthe Schedule \r\n \r\n \r\n126 \r\n \r\n \r\nTENTH SCHEDULE \r\n[see sections 172, 174] \r\nFORM OF TICKET \r\nName & Address of the \r\nOffender: \r\n______________ \r\nNIC No. \r\n_____________ \r\nParticulars of \r\nOffence:(Section of Law \r\nwith details of offences: \r\n____________________\r\n________________ \r\nDate of commission of \r\nOffence: \r\nAmount of Fine: Rs. \r\n________________ \r\n(in letters) \r\nDate by which the Fine is \r\nto be paid \r\n________________ \r\n(Note: The amount of \r\nfine shall be deposited in \r\nBank) \r\nCorrective actions \r\nordered:_____________\r\n____________ \r\nName & Address of the \r\nOffender: \r\n______________ \r\nNIC No. _____________ \r\nParticulars of \r\nOffence:(Section of Law \r\nwith details of offences: \r\n____________________\r\n____________ \r\nDate of commission of \r\nOffence: \r\nAmount of Fine: \r\nRs.____________ \r\n(in letters) \r\nDate by which the Fine is \r\nto be paid \r\n_______________ \r\n(Note: The amount of \r\nfine shall be deposited in \r\nBank) \r\nCorrective actions \r\nordered:_____________\r\n__________ \r\nName & Address of the \r\nOffender: \r\n______________ \r\nNIC No. _____________ \r\nParticulars of \r\nOffence:(Section of Law \r\nwith details of offences: \r\n____________________\r\n_____________ \r\nDate of commission of \r\nOffence: \r\nAmount of Fine: \r\nRs._____________ (in \r\nletters) \r\nDate by which the Fine is \r\nto be paid \r\n_______________ \r\n(Note: The amount of \r\nfine shall be deposited in \r\nBank) \r\nCorrective actions \r\nordered:_____________\r\n___________ \r\nName & Address of the \r\nOffender: \r\n______________ \r\nNIC No. \r\n______________ \r\nParticulars of \r\nOffence:(Section of Law \r\nwith details of offences: \r\n____________________\r\n________________ \r\nDate of commission of \r\nOffence: \r\nAmount of Fine: Rs. \r\n________________ \r\n(in letters) \r\nDate by which the Fine is \r\nto be paid \r\n________________ \r\n(Note: The amount of \r\nfine shall be deposited in \r\nBank) \r\nCorrective actions \r\nordered:_____________\r\n____________ \r\n \r\nName of the Court \r\nhaving jurisdiction: \r\n____________________\r\n____________ \r\nSignature or Thumb \r\nImpression of the \r\nOffender: \r\n____________________\r\n______________ \r\nSignatures of Inspector/ \r\nSeal \r\n____________________\r\n______________ \r\nCopy-1 (To be retained \r\nby Inspector) \r\nName of the Court \r\nhaving jurisdiction: \r\n____________________\r\n____ \r\nSignature or Thumb \r\nImpression of the \r\nOffender: \r\n____________________\r\n__________ \r\nSignatures of Inspector/ \r\nSeal \r\n____________________\r\n_________ \r\nCopy-2 (To be retained \r\nby Offender on payment \r\nof fine) \r\nName of the Court \r\nhaving jurisdiction: \r\n____________________\r\n__________ \r\nSignature or Thumb 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