Balochistan Act V of 2010 · 107 pages
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THE BALOCHISTAN LOCAL GOVERNMENT
ACT, 2010
(Baln Act V of 2010)
CONTENTS
SECTIONS
Preamble.
CHAPTER– I
PRELIMINARY
1. Short title, extent and commencement.
2. Definition.
3. Repeal and Savings.
4. Act to override other laws
5. Succession.
6. Certain matters to be prescribed.
CHAPTER– II
CONSTITUTION OF LOCAL COUNCILS
7. Constitution of Local Councils.
8. Division, amalgamation and reconstitution of local council.
9. Bar of Suit.
CHAPTER– III
COMPOSITION OF LOCAL COUNCILS
10. Composition of Local Councils.
11. Representation of Non-Muslims.
12. Representation of women, workers 1[and peasants].
CHAPTER– IV
LOCAL COUNCIL ELECTIONS
13. Franchise and Wards.
14. Election of Chairmen of Local Councils.
15. Election of Vice Chairmen.
16. Election Commission.
17. Executive Authority to assist the Election Commission.
18. Election Cell.
19. Appointment of Returning Officer, etc.
20. Polling Station.
21. Presiding Officer and Polling Officer.
22. Supply of Electoral Material.
23. Electoral rolls.
24. Qualifications for candidates and elected members.
25. 1[Party]-based elections.
26. Term of office.
27. Declaration of Assets.
28. Oath of office.
29. Bar against double membership.
30. Casual vacancy.
31. Removal.
32. Resignation.
33. Vote of no-confidence.
34. Bar against re-election.
35. Remuneration.
36. Notification of election, resignation and removal of Chairman, Vice
Chairman and Members, etc.
37. Election Petition.
38. Election Tribunal.
39. Procedure for hearing of election petition.
40. Powers of the Election Tribunal.
41. Decision of the Election Tribunal.
42. Ground for declaring election of returned candidate void.
43. Ground for declaring a person other than a returned candidate
elected.
44. Ground for declaring elections as a whole void.
45. Decision in case of equality of votes.
46. Corrupt practice.
47. Bribery.
48. Personating.
49. Undue influence.
50. Illegal Practice.
51. Prohibition of Canvassing.
52. Disorderly conduct near polling station.
53. Tampering with papers.
54. Interference with the secrecy of voting.
55. Failure to maintain secrecy.
56. Conduct of officials.
57. Breaches of official duty in connection with election.
58. Assistance by government servants.
59. Summary trial.
60. Cognizance.
61. Certain offences to be cognizable.
62. Prosecution of offences under this Chapter.
CHAPTER– V
EXECUTIVE POWERS AND CONDUCT OF BUSINESS
63. Executive authority and conduct of business.
64. Disposal of Business.
65. Meeting.
66. Contracts.
67. Works.
68. Reporting and evaluation.
CHAPTER– VI
ADMINISTRATION OF SERVICES
69. Local Council Service.
70. Balochistan Local Government Board.
71. Members and servants of Local Councils to be public servants.
72. Servants of Local Councils.
73. Functions of Secretary.
74. Provident Fund, Pension and other facilities for the Servant of Local
Council and Members of Local Council Service.
75. Service Rules.
76. Legal Adviser.
77. Training and Training Institutions.
CHAPTER– VII
FUNCTIONS OF LOCAL COUNCILS
78.
79.
80. Dangerous and offensive trades.
81. Constitution of Musalihat Anjuman.
82. Encouragement for amicable settlement of disputes.
83. Courts may refer cases to Musalihat Anjuman.
84. Appointment of Conciliator for individual cases.
85. Procedure of settlement of disputes.
CHAPTER– VIII
DEVELOPMENT PLANNING IN LOCAL COUNCILS
86. Development Plans.
87. Community Development Projects.
88. Commercial Schemes.
89. Town Improvement.
90. Development Schemes.
91. Notice of scheme.
92. Notice of acquisition of land and notification of schemes.
93. Finances.
94. Approval of Development Plan.
95. Development Plans to be Included in the Budget.
CHAPTER– IX
LOCAL COUNCIL FINANCE
96. Establishment of Local Fund and Public Account.
97. Custody and Operation of Local Fund and Public Account.
98. Charged expenditure.
99. Application of Funds.
100. Budgets.
101. Accounts.
102. Audit.
103. Special Audit.
104. Surcharge.
105. Appeal.
106. Local Council not to Incur Debt.
CHAPTER– X
LOCAL COUNCIL PROPERTY
107. Ownership of Property.
108. Transfer of Property by the Government.
109. Stock taking by the Chairman.
110. Use and disposal of properties of local council.
111. Personal Responsibility with regard to loss and waste.
CHAPTER– XI
LOCAL COUNCIL TAXATION
112. Local Rate.
113. Rating Areas and Property Tax.
114. Imposition, notification and enforcement of Taxes.
115. Model Tax Schedule.
116. Collection and recovery of taxes, etc.
117. Liability on account of taxes.
118. Taxation Rules.
119. Sharing of income.
CHAPTER– XII
LOCAL COUNCILS GRANTS COMMITTEE AND FISCAL
TRANSFERS
120. Constitution of Local Councils Grants Committee.
121. Functions of the Local Councils Grants Committee.
122. Rules of Business of Local Councils Grants Committee.
CHAPTER– XIII
SUPERVISION OF LOCAL COUNCILS
123. Supervision of Local Councils.
124. Inspections of Local Council.
125. Inspection reports and action thereon.
126. Suspension of orders and resolutions.
127. Power to give directions.
128. Inquiries.
129. Dissolution and Suspension.
CHAPTER– XIV
DIVISIONAL CO-ORDINATION COMMITTEE AND INTER-
COUNCIL MATTERS
130. Divisional Coordination Committee.
131. Functions.
132. Joint Committee.
CHAPTER– XV
OFFENCES AND PENALTIES
133. Offences.
144. Punishment.
135. Compounding of offence.
136. Cognizance of offences.
137. Summary disposal of cases.
138. Summary trial of offences.
CHAPTER– XVI
MISCELLANEOUS
139. Appointment of whole-time Magistrates.
140. Appeals.
141. Power to make rules.
142. Bye-laws.
143. General provisions relating to bye-laws, etc.
144. Delegation of powers.
145. Transfer of function.
146. Licenses and sanctions.
147. Institution of suits against Local Council, etc.
148. Notice and service thereof.
149. Records to be public documents.
150. Bar against employment.
151. Protection of action taken in good faith.
152. Revival of the Divisional and District offices of Local Government
and Rural Development Department and Water & Sanitation
Agencies and any other Authorities.
153. Entrustment of Decentralized Offices.
154. Removal of difficulty.
155. Amendment of Schedules.
CHAPTER– XVII
MANAGING TRANSITION
156. Interim authorities.
157. Interim maintenance of institutions.
158. Interim budget.
The First Schedule.
The Second Schedule.
The Third Schedule.
The Fourth Schedule.
The Fifth Schedule.
1
THE BALOCHISTAN LOCAL GOVERNMENT
ACT, 2010
(Baln Act V of 2010)
[13th May, 2010]
An Act to provide for the constitution and continuance
of Local Government Institutions in Balochistan, and to
consolidate law relating to the Local Government and to
provide for the matters connected therewith and ancillary
thereto.
Preamble. WHEREAS the Constitution of Islamic Republic of
Pakistan under Article 32 requires the Provincial Government
to encourage Local Government Institutions composed of
elected representatives of the areas concerned and having
special representation of peasants, workers and women;
WHEREAS the Constitution requires the provincial
government to decentralize the government administration
under Article 140-A so as to facilitate expeditious disposal of
its business to meet the convenience and requirements of the
public;
AND WHEREAS it is expedient to consolidate the law
relating to Local Government Institutions so as to fulfil the
obligation in line with the requirements of the Constitution;
NOW THEREFORE it is enacted as under:―
CHAPTER– I
PRELIMINARY
Short title, extent 1. (1) may be called the Balochistan Local
and Government Act, 2010.
commencemen
t. (2) It extends to the whole of the Province of
Balochistan except areas notified as Cantonments under the
Cantonments Ordinance, 2002 (CXXXVIII of 2002).
(3) It shall come into force at once.
Definition. 2. (1) In this Act, unless the context otherwise
requires.
1
This Act was passed by the Balochistan Assembly on 10th May, 2010: assented to by the Governor of Balochistan on 11th May, 2010:
published in the Balochistan Gazette (Extraordinary) No.48, dated 13th May, 2010.
(i) “Annual Rental Value” means the gross
annual rent at which a building or land
may be let from year to year;
(ii) “Annual Letting Value” means the annual
rent which a building or land exclusive of
furniture or machinery contained or
situated therein or thereon, may
reasonably be expected to be let from
year to year, and shall include all
payments made or agreed to be made by
a tenant to the owner of the building or
land on account of occupation, taxes,
insurance or other charges incidental to
the occupancy;
(iii) “Body Corporate” means a body having
perpetual succession and a common seal,
with power to acquire and hold movable
and immovable property, and transfer any
property held by it, and enter into any
contract and may sue and be sued in its
name;
(iv) “Budget” means an official statement of
income and expenditure of a Local
Council for a financial year;
(v) “Building” includes any shop, house, hut,
outhouse, shed, stable or enclosure built
of any material and used for any purpose,
and also includes a wall, well, verandah,
platform, plinth, ramp, stair-case and
steps;
(vi) “Building Line” means a line beyond
which the outer face or any part of an
external wall of a building may not
project in the direction of any street,
existing or proposed;
(vii) “Bye-laws” means bye-laws made under
this Act;
(viii) “Chairman” means the Chairman of a
Local Council;
(ix) “Chief Officer” means the officer incharge
of the administration of a District
Council, Municipal Corporation and
Municipal Committee;
(x) “Cattle” means cows, buffaloes, bulls,
oxen, bullocks, heifers, calves, camels,
sheep and goats;
(xi) “City” means an urban area declared to be
a city under this Act;
(xii) “Collector” means the collector appointed
under the Balochistan Land Revenue Act,
1967;
(xiii) “Constitution” means the Constitution of
Islamic Republic of Pakistan, 1973;
(xiv) “Conservancy” means the collection,
treatment, removal and disposal of
refuse;
(xv) “Consumption” means utilization of an
Article by causing change in its existing
position and nature, which may include
conversion of a ship or any other floating
structure into its pieces, scrap and other
article of similar nature, commonly
known and styled as ship breaking;
(xvi) “Dairy” includes any farm, cattle-shed,
cow-house, milk store, milk shop or other
place from where milk or milk products
are supplied or stored;
(xvii) “Dealer” means any person who within a
market area sets up, establishes, or allows
any place to be used for the purchase or
sale of farm produce or any other
marketable commodity;
(xviii) “District” means a District notified under
the Balochistan Land Revenue Act, 1967;
(xix) “Drain” includes a sewer, a house drain, a
drain of any other description a tunnel, a
culvert, a ditch, a channel or any other
device for carrying sullage or rain water;
(xx) “Drug” means any substance used as
medicine or in the composition or
preparation of medicine, whether for
internal or external use;
(xxi) “Dwelling House” means any building
used substantially for human habitation;
(xxii “Local Council” means Local Council
constituted under Section 7 of this Act;
(xxiii) “Divisional Coordination Committee”
means Committee constituted under
Section 130 of this Act;
(xxiv) “Election Commission” means the
Election Commission of Pakistan
constituted under Article 218 of the
Constitution of Islamic Republic of
Pakistan, 1973;
(xxv) “Elected Member” means a Member who
has been elected under the provisions of
this Act;
(xxvi) “Erect or Re-erect a Building” means the
construction of a new building and
includes such material alterations of
building as enlargement of any wall,
verandah, fixed platform, plinth or a part
of the building; structural conversion of
two or more places of a building for
human habitation not originally meant for
the purpose, structural conversion of two
or more places of a building into a greater
number of such places; addition of one or
more rooms; building substance or other
structure of a building; re-construction of
a whole or any part of the external walls
of a building or the renewal of the parts
of a wooden building; construction of a
wall adjoining any street or land not
belonging to the owner of the wall, or
opening of a door to such street or land;
such alteration of the internal
arrangements of a building as affects its
drainage, ventilation or other sanitary
arrangements or its security or stability;
(xxvii) “Factory” has the meaning assigned to it
under the Factories Act, 1934 (XXV of
1934);
(xxviii) “Farm Produce” means all agricultural
crops/produces including Livestock
produces and hides, skins, woollen and
ghee or any other product derived from
any one of these or any other commodity
that may be declared by Notification to
be farm produce;
(xxix) “Food” includes all edibles used for food
or drink by human beings but does not
include drugs or water;
(xxx) “Government” means the Government of
Balochistan;
(xxxi) “Grower” means a person who grows farm
produce personally or through tenant or
otherwise;
(xxxii) “Infectious disease” means cholera,
plague, smallpox, tuberculosis, AIDS,
dengue fever, hepatitis, yellow fever,
bacterial meningitis, gonorrhea, syphilis,
typhoid fever, Malaria, Scabies, and
includes such other disease as
Government may, by notification, declare
to be an infectious disease for the purpose
of this Act;
(xxxiii) “Land” includes land which is being built
up or is built up or is covered with water
or is under cultivation or is fallow, and in
relation to Town Improvement
Committee includes land as defined in
clause (a) of Section 3 of the Land
Acquisition Act, 1894;
(xxxiv) “Local Area” means an area under the
jurisdiction of a Local Council;
(xxxv) “Local Council Grant” means monies
declared as such for distribution among
local governments in accordance with the
provisions of this Act;
(xxxvi) “Local Fund” means the fund of a Local
Council;
(xxxvii) “Mal-administration” means―
(a) an act of omission or commission,
a decision, process or
recommendation, which―
(i) is contrary to the law,
rules, or regulations or is a
departure from established
practice or procedure; or
(ii) is arbitrary, biased,
discriminatory,
oppressive, perverse,
unjust or unreasonable; or
(iii) is based on irrelevant
grounds; or
(iv) involves the exercise of
powers or the failure or
refusal to do so, for
corrupt or improper
motives, such as
administrative excess,
bribery, favoritism,
jobbery and nepotism;
(b) delay, inaction, in-competence,
inefficiency, ineptitude or neglect
in the administration or discharge
of duties and responsibilities;
(c) repeated notices, prolonged
hearings or unnecessary
attendance while deciding cases;
or
(d) avoidance of disciplinary action
against an officer or official
whose action is held by a
competent authority to be biased,
capricious, patently illegal or
vindictive;
(xxxviii) “Market” means a place where persons
assemble for the sale and purchase of
meat, fish, fruit, poultry, vegetables or
any other eatable food or other
commodities or for the sale and purchase
of livestock or animals and includes any
place which may, from time to time, be
notified as Market;
(xxxix) “Mauza” means a revenue estate declared
under the Balochistan, Land Revenue
Act, , 1967(XVII of 1967);
(xl) “Member” means a Member of Local
Council;
(xli) “Member of Minority Community ”
means a person other than a Muslim as
defined in the Constitution of Islamic
Republic of Pakistan;
(xlii) “Metropolitan Corporation” means a
Metropolitan Corporation constituted
under this Act;
(xliii) “Misconduct” means transgression of
prescribed Code of Conduct or
dereliction from duty or deliberate
unlawful behaviour or violation of law or
rules or lawful behaviour or violation of
law or rules or lawful directions or orders
of Government and includes:―
(a) gross negligence in performance
of duties with manifest wrongful
intent or evil design;
(b) an act that results in wrongful
gain to any person by wrongful
application of law; or
(c) making or managing appointment,
promotion or transfer of an officer
or official in violation of law or
rules or for extraneous
consideration;
(xliv) “Municipality” means an area declared to
be a Municipality under this Act;
(xlv) “Municipal Committee” means a
Municipal Committee constituted under
this Act;
(xlvi) “Municipal Corporation” means a
Municipal Corporation constituted under
this Act;
(xlvii) “Municipal Services” means the services
performed by a Local Council under this
Act and include laying and maintaining
intra-city network of water supply and
sanitation; conservancy; garbage, sewer
or storm water, solid or liquid waste,
drainage, public toilets, express ways
bridges, flyovers, public roads, streets,
foot paths, traffic signals, pavements and
lighting thereof, public parks, gardens,
arboriculture, landscaping, act boards,
hoardings, fire fighting, land use control,
zoning, master planning, classification
/declassification or reclassification of
commercial or residential areas, markets,
housing, urban or rural infrastructure,
environment and construction,
maintenance or development thereof and
enforcement of any law or rule relating
thereto;
(xlviii) “Musalihat Anjuman” means a Musalihat
Anjuman constituted under Section 81 of
this Act;
(xlix) “Nuisance” includes an act, omission,
place or thing which causes or is likely to
cause injury, danger, annoyance or
offence to the sense of sight, smell or
hearing, or which is or may be dangerous
to life or injurious to health or property;
(l) “Occupier” means a person in actual
possession of land or building whether as
an owner or otherwise;
(li) “Owner” includes the person for the time
being receiving the rent of land and
buildings or either of them, whether on
his own account or as agent or trustee for
any person or society or for any religious
or charitable purpose or who would so
receive the same if land or building were
let to a tenant;
(lii) “Peasant” means a person who is a
landless tenant or who for a continuous
period of five years preceding the year in
which election is held is or has been the
owner of not more than five acres of land
and engages himself personally in
cultivation for his maintenance;
(liii) “Prescribed” means prescribed by rules or
bye-laws;
(liv) “Presiding Officer” means a person
presiding over the session of a Local
Council, and for the purpose of election,
a person appointed as such under Section
20;
1 1
[**] [Clause (liv-a) Omitted]
(lv) “Prohibited Zone” means any area or areas
within a municipality or a City declared
as prohibited zone by a public notice by
Local Council concerned;
(lvi) “Province” means the Province of
Balochistan;
(lvii) “Provincial Consolidated Fund” means the
Fund referred in article 118 of the
Constitution of Islamic Republic of
Pakistan;
(lviii) “Public Road” means a road maintained
by Government or by a Local Council or
other Local Authority;
(lix) “Public Street” means a street maintained
by Government or by a Local Council or
other Local Authority;
(lx) “Public Place” means any building,
1
Clause (liv-a) which was inserted by Balochistan Act II of 2014, published in the Balochistan Gazette (Extraordinary) No. 26, dated 27th
January, 2014, omitted by Balochistan Act I of 2015, published in the Balochistan Gazette (Extraordinary) No. 23, dated 5 th March, 2015,
has taken effect from 25th day of February, 2015.
premises or place to which the public
have access;
(lxi) “Rate” means an impost levied for the
purpose of recovering expenses incurred
on providing a service facility to the
residents of any area or on any work of
public utility;
(lxii) “Relative” means parents, guardians, wife,
husband, Children, adopted children,
brother and sister;
(lxiii) “Refuse” includes rubbish, offal, night-
soil, carcasses of animals, deposits of
sewerage, waste and any other offensive
matter;
(lxiv) “Regulations” means regulations made
under this Act;
(lxv) “Rent” means whatever is by law payable
in money or kind by a tenant or lessee on
account of the use or occupation of any
building or land;
(lxvi) “Road” includes also a road which is not a
thoroughfare;
(lxvii) “Rules” means rules made under this Act;
(lxviii) “Rural Area” means any area which is not
an urban area;
(lxix) “Secretary” means an officer incharge of
the administration of Local Council
established under this Act, provided that
the Secretary of the District Council,
Municipal Committee and Municipal
Corporation shall be designated as Chief
Officer and the Secretary of the
Metropolitan Corporation shall be
designated as Chief Metropolitan Officer;
(lxx) “Schedule” means a Schedule to this Act;
1 1
[**] [Clause (lxx-a) Omitted]
(lxxi) “Specified” means specified by Standing
1
Clause (lxx-a), which was inserted by Balochistan Act II of 2014, published in the Balochistan Gazette (Extraordinary) No. 26, dated 27 th January, 2014,
omitted by Balochistan Act I of 2015, published in the Balochistan Gazette (Extraordinary) No. 23, dated 5 th March, 2015, has taken effect from 25 th day of
February, 2015.
Orders of Government;
(lxxii) “Special interests” include worker,
peasant, tenant, women and such other
interest as government may specify;
(lxxiii) “Street” includes also a street which is not
a thoroughfare;
(lxxiv) “Streets Line” means a line dividing the
land comprised in, and forming part of a
street from the adjoining land;
(lxxv) “Sullage” includes sewerage, polluted
water, rain water, industrial waste and
any other offensive matter carried by a
drain;
(lxxvi) “Tax” includes any cess, fee, rate, toll or
other impost leviable under this Act;
(lxxvii) “Trade allowance” includes such
allowances as have the sanction of
custom (riwaj) in a Market area;
(lxxviii) “Tribunal” means a Election Tribunal
constituted under Section 38 of this Act;
(lxxix) “Union” means Union declared under this
Act;
(lxxx) “Union Council” means a Union Council
constituted under this Act;
(lxxxi) “Urban Area” means an area within the
jurisdiction of a Municipal Committee or
a Municipal Corporation or a
Metropolitan Corporation and includes
any other area which Government may,
by notification, declare to be an urban
area for the purposes of this Act;
(lxxxii) “Vehicle” means a wheeled conveyance
capable of being used on a street;
(lxxxiii) “Vice Chairman” means the Vice
Chairman of a Local Council;
(lxxxiv) “Village” means the area comprising of a
revenue estate under the Balochistan
Land Revenue Act, 1967;
(lxxxv) “Voter” means a person, whose name for
the time being appears on the electoral
rolls prepared or adopted for the purposes
of election under this Act;
(lxxxvi) “Ware-Houseman” includes a person who
stores any farm produce not belonging to
himself and charges rent there for in any
form, from the person at whose instance
the said produce is so stored;
(lxxxvii) “Water works” includes a lake, stream,
spring well, pump, reservoir, karez,
cistern, tank, duct, sluice, pipe, culverts,
engine and other appliances and any
thing used for supply of water;
(lxxxviii) “Worker” means a person directly
engaged in work, or is dependent on
personal labour, for subsistence living
and includes a worker as defined in the
Industrial Relations Ordinance, 20021
(XCI of 2002);
(2) Unless the context otherwise requires:―
(a) the words and expressions complaint,
cognizable offence, Officer Incharge of a
Police Station and Police Section shall
have the same meaning as are
respectively assigned to them in Section
4 of the Code of Criminal Procedure,
1898 (Act V of 1898); and
(b) the words and expressions decree and
movable property shall have the same
meanings as are respectively assigned to
them in Section 2 of the Code of Civil
Procedure, 1908 (Act V 1908).
Repeal and 3. (1) The Balochistan Local Government Ordinance,
Savings. 2
2001 (XVIII of 2001) is hereby repealed.
(2) Notwithstanding the repeal of Balochistan,
Local Government Ordinance, 2001 (XVIII of 2001), any
appointment, rules, regulations or bye-laws made or saved,
1
Now Balochistan Industrial Relation Act, 2010 (Act XIII 2010).
2
Balochistan Local Government Ordinance, 2001 (XVIII of 2001), made by the Governor Balochistan on 8 th August, 2001; and published
in Balochistan Gazette (Extraordinary) No. 100, dated 9th August, 2001.
notification, order or notice issued, tax imposed or assessed,
scheme prepared or executed, contract entered into, suit
instituted, rights acquired, claims made, legal or administrative
proceedings or action taken under the said Ordinance shall, so
far as it is not inconsistent with the provisions of this Act, and
not in contravention of the prescribed procedure or prejudicial
to public interest, be deemed to have been respectively made or
saved, issued, imposed or assessed, prepared or executed,
entered into, instituted, acquired, made or taken, under this Act.
Act to override 4. The provisions of this Act shall take effect
other laws notwithstanding any thing contained in any other law.
Succession. 5. On the commencement of this Act, all Local
Governments established or continued under the Balochistan
Local Government Ordinance, 2001 (XVIII of 2001), shall be
succeeded―
(i) In case of Town Municipal Administrations
created in City District of Quetta by the
Metropolitan Corporation, Quetta to the extent
of notified urban areas and functions assigned to
the Corporation under this Act;
(ii) In case of Tehsil Municipal Administrations
having succession under the Balochistan Local
Government Ordinance, 2001 (XVIII of 2001)
of the erstwhile Urban Councils under
Balochistan Local Government Ordinance,
1980, by the Urban Council to the extent of
notified Urban area and to the extent of
functions assigned to the Urban Council; and by
the District Council to the extent of Rural areas
and to the extent of the functions assigned to the
District Council;
(iii) In case of Tehsil Municipal Administration
created without any succession of urban
councils to the District Councils;
(iv) In case of City District Government Quetta and
the District Governments, by the respective
District Councils to the extent of rural areas and
to the extent of functions assigned to District
Councils under this Act; and
(v) In the case of Union Councils except for urban
Union Councils, by the respective union
councils to the extent of functions assigned to
Union Councils under this Act.
Certain matters to 6. Where this Act makes any provision for anything to be
be prescribed. done but no provision or no sufficient provision has been made
as respects the authority by whom, or the manner in which it
shall be done, then it shall be done by such authority and in
such manner as may be prescribed.
CHAPTER– II
CONSTITUTION OF LOCAL COUNCILS
Constitution of 7. (1) As soon as may be, the following local councils
Local shall be constituted:―
Councils.
(a) A Union Council for each Union;
(b) A District Council for each District;
(c) A Municipal Committee for each
Municipality;
(d) A Municipal Corporation for each City;
(e) A Metropolitan Corporation for the
Capital City.
(2) Government may, by notification, declare an
area:―
(a) comprising a village or a number of
villages having, as far as possible, an
aggregate population between 7000 and
15000, excluding its urban areas and the
cantonment areas, to be a Union
Council ;
(b) comprising the area of a revenue district,
excluding its urban areas and the
cantonment areas, to be a District
Council;
(c) comprising an urban area having a
population exceeding 15000 but not
exceeding one lac to be a Municipal
Committee;
(d) comprising an urban area having a
population exceeding one lac but not
exceeding five lac to be a Municipal
Corporation; and
(e) comprising an urban area having
population exceeding five lac to be a
Metropolitan Corporation.
(3) The notification issued under sub-section (2)
shall also specify the extent and limits of the areas comprising
in each local council.
(4) The local area comprising a local council shall,
as far as possible, be compact, contiguous and constitute a
territorial unity.
(5) Government may, by notification, extend, curtail
or otherwise alter the limits of a local council or declare that
any local council shall cease to be a local council with the
following consequences and such other consequences as may be
enumerated in the declaration:―
(a) in cases where the whole local area
comprising a local council ceases to be a
local council:―
(i) if the control of the local area is
placed under any other local
authority, the balance of the local
council fund and other property
vesting in the local council shall
vest in such local authority and
the liabilities of the local council
shall stand transferred to such
local authority; and
(ii) if the control of the local area is
not placed under any other local
authority, the balance of the local
council fund and other property
vesting in the local council shall
vest in Government and the
liabilities of the local council
shall stand transferred to the
Government;
(b) in cases where any local area forming
part of a local council ceases to be a
part of that local council:―
(i) if the control of that part of the
local area is placed under some
other local authority, such portion
of the local council fund and other
property vesting in the local
council and such portion of the
liabilities of the local council, as
the Government may, by general
or special order, direct shall be
transferred to other local
authority; and
(ii) if the control of that part of a
local area is not placed under
some other local authority, such
portion of the local council fund,
and other property vesting in the
local council shall vest in
Government and such portion of
the liabilities of the local council
shall be transferred to the
Government, as the Government
may, by general or special
order, direct.
(6) Any local council fund or portion of a local
council fund or other property of the local council transferred to
Government or, as the case may be, to any other local authority,
under the provision of sub-section (5) shall be applied in the
first place to satisfy any liabilities of the local council or part of
the local council and in the second place for the benefit of the
inhabitants of the local area which has ceased to be a local
council or, as the case may be, part of a local council.
(7) Subject to the provisions of the Act and the
rules, a local council shall be a body corporate having a
perpetual succession and common seal with power to acquire,
hold and transfer property, movable and immovable, and may,
by its name, sue and be sued.
(8) Government may, by notification, specify the
name by which a local council shall be known and unless the
name of local council is so specified, it shall be known as the
local council of the place where its office is situated.
Division, 8. (1) Government may, by notification, divide a local
amalgamation council into two or more local councils or amalgamate two or
and more local councils into one local council and may specify in
reconstitution the notification the consequences which shall ensue upon the
of local publication of such notification.
council.
(2) When as a result of such division or
amalgamation any new local council is constituted in
accordance with the provisions of the Act or in the manner
specified in the notification, the existing members of any local
council so divided or amalgamated shall become the members
of such local council or local councils as Government may, by
notification, specify as if such members had been elected to that
local council.
Bar of Suit. 9. No suit or other legal proceedings shall lie against
Government or any person or authority for any loss or damage
of any kind caused by the dissolution or suspension of any
Local Council.
CHAPTER– III
COMPOSITION OF LOCAL COUNCILS
Composition of 10. As far as possible, the composition of District Councils,
Local Union Councils, Municipal Committees, Municipal
Councils. Corporations and Metropolitan Corporation shall be as
follows:―
Rural Councils
i. District Councils
(a) General members equal to the
number of Union Councils in the
District;
(b) Such number of Non-Muslim
members as determined under
Section 11;
(c) Such number of members
belonging to peasants, workers
and women as are determined
under Section 12; and
(d) all elected Chairmen of Municipal
Committees, Municipal
Corporation and in the case of
Metropolitan Corporation an
elected member also of that
Corporation nominated by the
Corporation in a special meeting
for that purpose:
Provided that they shall have no
right to vote or to stand as
candidates in any meeting which
is presided over by an officer
appointed by the Government
1
[*].
ii. Union Councils
(a) Seven to Fifteen General
members as are determined on the
basis of population ranging
between 1000 to 1500 with a
marginal adjustment of 100 in the
lower and upper stage;
(b) Such number of Non-Muslim
members as are determined under
Section 11; and
(c) Such number of members
belonging to peasants, workers
and women as are determined
under Section 12;
Urban Councils
iii. Municipal Committees
(a) Eight to thirty six General
members as are determined on the
basis of population ranging
between 2000 to 2500 with a
marginal adjustment of 200 in the
lower and upper stage;
(b) Such number of Non-Muslim
members as are determined under
Section 11; and
(c) Such number of members
belonging to peasants, workers,
and women as are determined
under Section 12;
1
The words “or Authority” omitted by Balochistan Act I of 2015; published in the Balochistan Gazette (Extraordinary) No.23, dated 5th
March, 2015, has taken effect from 25th day of February, 2015.
iv. Municipal Corporation
(a) 30 to 50 General members as are
determined on the basis of one
member for a population between
3500 and 10000 with a marginal
adjustment of 500 in the lower
and upper stage;
(b) Such number of Non-Muslim
members as are determined under
Section 11; and
(c) Such number of members
belonging to peasants, workers,
and women as are determined
under Section 12;
v. Metropolitan Corporation
(a) 50 to 70 General members as
determined on the basis of one
member for a population between
10000 and 20000 with a marginal
adjustment of 1000 in the lower
and upper stage;
(b) Such number of Non-Muslim
members as are determined under
Section 11; and
(c) Such number of members
belonging to peasants, workers,
and women as are determined
under Section 12.
Representation of 11. The number of Non-Muslims members in a Local
Non-Muslims. Council shall be such as may be fixed by Government keeping
in view the population of non-Muslims in that local area;
Provided that the number of seats for Non-Muslims in a
Local Council shall be over and above the number of general
seats and number of members representing special interest
groups mentioned in Section 12.
Representation of 12. (1) A Local Council may have women members
women, from the local area, elected to the council in the prescribed
workers 1[and
1
The words “peasants, Professionals and social workers”, which were inserted by Balochistan Act II of 2014, published in the Balochistan
Gazette (Extraordinary) No. 26, dated 27th January, 2014, substituted by the words “and peasant” by Balochistan Act I of 2015, published
peasants]. manner, whose number shall be 33% of the number of general
members subject to a minimum of one such member.
(2) A Local Council may have members
representing peasants and workers from the local area, elected
to the council in the prescribed manner, whose number 1[, in
each category,] shall be 5% of the number of general members
subject to a minimum of one member 2[under each category].
3
[Section (2-A) Omitted.]
(3) Nothing contained in sub-sections (1) 4[,] (2)
5
[****] shall prevent the member of the special interest groups
mentioned in the said sub-section from being elected to the
general seats in any Local Council from that local area.
CHAPTER– IV
LOCAL COUNCIL ELECTIONS
Franchise and 13. (1) Save as otherwise provided, election of members
Wards. of all local councils shall be held on the basis of adult franchise
and on the basis of joint electorate through secret ballot.
(2) Government may, for the purpose of election,
divide a local area into such number of wards having a definite
boundary as it may determine.
(3) The wards may be multi-member or single-
member as may be specified by Government.
(4) Every voter within the ward shall have only one
vote irrespective of the number of members to be elected from
the electoral unit.
Election of 14. For every Local Council there shall be a Chairman who
Chairmen of shall be elected in the prescribed manner:
Local
Councils. Provided that the Chairman of Metropolitan Corporation
may be designated as Mayor.
Election of Vice 15. For every Local Council there shall be a Vice Chairman
Chairmen. who shall be elected in the prescribed manner, and shall
perform the functions of the Convenor of the Local Council:
Provided that the Vice Chairman of Metropolitan
in the Balochistan Gazette (Extraordinary) No. 23, dated 5th March, 2015, has taken effect from the 25th February, 2015.
1
The commas and words, “in each category”, omitted by Baln. Act II of 2014, re-inserted by Baln. Act I of 2015, deemed to have taken
effect from the 25th February, 2015.
2
Inserted ibid.
3
Omitted ibid.
4
Substituted ibid.
5
Omitted ibid.
Corporation may be designated as Deputy Mayor:
Provided further that the Vice Chairman shall not
exercise the executive authority of the Local Council.
Election 16. (1) Elections to the local councils shall be conducted
Commission. by the Election Commission.
(2) The Government shall, in consultation with the
Election Commission, make an announcement of the date or
dates on which elections to the local councils shall be
conducted in the Province or part thereof:
Provided that the date or dates of such elections
shall not be less than 90 days and more than 120 days from the
date of such announcement:
1
[Proviso omitted]
(3) Upon announcement of the date or dates of
elections of local councils under sub-section (2) the Election
Commission shall make necessary arrangements to ensure that
the election is conducted honestly, justly, fairly and in
accordance with law, and that corrupt practices are guarded
against.
(4) The provisions of the Representation of the
People Act, 1976 shall, mutatis mutandis and in so far as these
are not inconsistent with this Act, apply to the elections to the
local councils under this Act.
Executive 17. It shall be the duty of all executive authorities in the
Authority to Province to assist the Election Commission in the discharge of
assist the its functions under this Act.
Election
Commission.
Election Cell. 18. The Government shall establish a Local Councils
Election Cell in the Local Government Department which shall
perform such functions as are entrusted to it by the Government
2
[***].
Appointment of 19. (1) The Election Commission shall appoint, from
Returning amongst the officers of government, corporations or other
Officer, etc. institutions controlled by Government, a Returning Officer for
each local area for the purpose of election of members for that
1
The second proviso to sub-section (2), omitted by Balochistan Act III of 2013, published in Balochistan Gazette (Extraordinary) No. 103
dated 5th September, 2013.
2
The words “or the Election Commission” omitted by Act I of 2015; published in the Balochistan Gazette (Extraordinary) No. 23, dated 5th
March, 2015, deemed to have taken effect from the 25th day of February, 2015.
local area:
Provided that a person may be appointed as
Returning Officer of two or more local area.
(2) The Election Commission may appoint, from
amongst the officers of Government, corporations or other
institutions controlled by Government, as many Assistant
Returning Officers as may be necessary.
(3) An Assistant Returning Officer shall assist the
Returning Officer in performance of his functions under this
Act and may, subject to any condition imposed by the Election
Commission, exercise and perform, under the control of the
Returning Officer, the powers and functions of the Returning
Officer.
(4) It shall be the duty of a Returning Officer to do
all such acts as may be necessary for effectively conducting an
election in accordance with the provisions of this Act and the
rules made thereunder.
Polling Station. 20. (1) The Returning Officer shall , before such time
as the Election Commission may fix, submit to Election
Commission, a list of polling stations he proposes to provide in
a constituency for the purpose of election of a member for
that constituency.
(2) The Election Commission may make such
alterations in the list of polling stations submitted under sub-
section (1) as it deems necessary and shall forward to the
Returning Officer the final list of polling stations.
(3) The Returning Officer shall establish in each
constituency polling stations according to the final list
forwarded to him by the Election Commission, specifying the
electoral area and the electors thereof who will be entitled to
vote at such polling station, and shall, at least twenty -four
hours before the polling day, give wide publicity, in such
manner as he may deem fit, to the polling stations so
established.
(4) No polling station shall be located in any
premises which belongs to, or is under the control of any
candidate.
Presiding Officer 21. (1) A Returning Officer shall appoint for each
and Polling polling station a Presiding Officer and such number of Assistant
Officer.
Presiding Officers and Polling Officers to assist the Presiding
Officer as the Returning Officer may consider necessary:
Provided that a person who is, or has at any time
been, in the employment of any candidate shall not be
appointed as a Presiding Officer, Assistant Presiding Officer or
Polling Officer.
(2) A list of such Presiding Officers, Assistant
Presiding officers and Polling Officers shall be submitted to the
Election Commission at least fifteen days before the polling day
for its approval and no change in the personnel shall be made
except with the approval of the Election Commission.
(3) A Presiding Officer shall conduct the poll in
accordance with the provisions of this Act and the rules, and
shall be responsible for maintaining order at the polling station
and shall report to the Returning Officer any fact or incident
which may, in his opinion, affect the fairness of the poll:
Provided that, during the course of the poll, the
Presiding Officer may entrust such of his functions as may be
specified by him to any Assistant Presiding Officer and it shall
be the duty of such Assistant Presiding Officer to perform the
functions so entrusted.
(4) The Returning Officer shall authorize one of the
Assistant Presiding Officers to act in place of the Presiding
Officer if the Presiding Officer is at any time during the poll, by
reason of illness or other cause, not present at the polling
station, or is unable to perform his functions; and any absence
of the Presiding Officer, and reason therefor, shall, as soon as
possible after the close of the poll, be reported to the Election
Commission.
(5) The Returning Officer may, at any time during
the poll, for reasons to be recorded in writing, suspend any
Presiding Officer, Assistant Presiding Officer or Polling Officer
and make such arrangements as he may consider necessary for
the performance of the functions of the Officer so suspended.
Supply of Electoral 22. (1) The Election Commission shall provide the
Material. Returning Officer with copies of electoral rolls and other
material necessary for the conduct of election for all the
electoral areas within his jurisdiction.
(2) The Returning Officer shall provide the
Presiding Officer of each polling station with copies of electoral
rolls containing the names of the electors entitled to vote at that
polling station and other material necessary for the conduct of
election at that polling station.
Electoral rolls. 23. (1) A person shall be entitled to be enrolled as a
voter if he―
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age on
the first day of January of the year in
which an election is to be held; and
(c) fulfils such other conditions as the
Election Commission may specify.
(2) The electoral rolls for the local council elections
shall be prepared by the Election Commission in the manner it
may deem appropriate or adopt the electoral rolls prepared for
the elections of Provincial Assembly and the electoral rolls
shall not be invalid by reason of any erroneous description
therein of any person listed or of an omission of the name of
any person entitled to be enrolled or of inclusion of the name of
any person not so entitled.
(3) Every person whose name is entered in the
electoral roll, and no person whose name is not so entered, shall
be entitled to cast a vote at an elections to the Local Council.
Qualifications for 24. (1) A person shall qualify to be elected or to hold an
candidates and elective office or membership of a local council, if he―
elected
members. (a) is a citizen of Pakistan;
(b) is not less than twenty one years of age
on the last day fixed for filing the
nomination form;
(c) is enrolled as a voter in the electoral roll
of the relevant ward;
(d) is of good character and is not commonly
known as one who violates Islamic
injunctions:
Provided that the condition at (d) shall
not apply to a person who is a Non-
Muslim, but such a person shall have a
good reputation;
(e) has not been declared by a competent
court to be of unsound mind;
(f) is not in the service of the federal
government, a provincial government or
a local council or any statutory body or a
body which is controlled by any such
government or council or, in which any
of such government or council has a
controlling share or interest, except the
holders of elected public office and part-
time officials remunerated either by
salary or fee:
Provided that in case of a person who has
resigned or retired from such service, a
period of not less than six months has
elapsed since his retirement;
(g) is not under contract for work to be done
or goods to be supplied to the Local
Council concerned or has otherwise any
pecuniary interest in its affairs;
(h) has not been dismissed, removed or
compulsorily retired from public service
on the grounds of moral turpitude;
(i) does not possess assets which are
inconsistent with his declaration of assets
or justifiable means, whether held in his
own name or of the dependents or any
other person or corporate body in whose
name assets are held in trust or under any
other formal or informal arrangement
whereby the defacto control of such
assets including their sale, transfer or
pecuniary interest is retained by him;
(j) has not been adjudged a wilful defaulter
of any tax or other financial dues owed to
the federal government, a provincial
government, or a local council or any
financial institution, including utility acts
outstanding for six months or more;
(k) has not been convicted by a court of
competent jurisdiction on a charge of
corrupt practice, moral turpitude or
misuse of power or authority under any
law for the time being in force;
(l) has not been sentenced to imprisonment
for more than three months for an offence
under any law unless a period of not less
than five years has elapsed since his
release; and in case of a member or a
holder of a public office, has not been
sentenced to imprisonment;
(m) has not failed to file the required return of
election expenses or is not convicted for
exceeding the prescribed limits of
election expenses;
(n) has not been declared an un-discharged
insolvent by any court;
(o) does not engage in any transaction
involving pecuniary interest with the
local council of which he is a member;
(p) does not absent himself without
reasonable cause from three consecutive
meetings of the council of which he is a
member:
Provided that a member shall not be
disqualified if the absence was
necessitated by an emergency or force
majeure; and
(q) has not been, and is not, involved, in
activities prejudicial to the ideology,
interest, security, unity, solidarity, peace
and integrity of Pakistan and its people,
and the good order and harmony of
society.
(2) Whoever―
(a) is found by the Election Commission to
have contravened the provisions of sub-
section (1) shall stand disqualified from
being a candidate for election to any
office of the local council for a period of
four years; or
(b) having been elected as a member of a
local council or being a holder of an
elective office of the local council is
found by the Election Commission to
have contravened the provisions of sub-
section (1) shall cease forthwith to be an
elected member or to hold the office of
such Local Council and shall also stand
disqualified from being a candidate for
election to a local council for a period of
four years.
1
[Party]-based 25. Election to the Local Council shall be held on 1[party]
elections. basis.
Term of office. 26. (1) The term of office of a Local Council shall be
four years; or such other period as the Government may specify
commencing on the day on which it assumes office; provided
that the Government may:―
(a) Before the expiry of such term of office,
and for the purpose of holding fresh
elections, dissolve any or all local
councils and appoint any person as
Administrator to perform such functions
of the local council;
(b) on the expiry of such term of office,
extend it for such period and appoint any
person as Administrator to perform such
functions of the local council;
(2) Nothing provided in this Act regarding elections
to General and Non-Muslim seats or elections to fill reserved
seats shall be deemed to prevent the holding of election of the
Mayor / Deputy Mayor or Chairman / Vice Chairman of a
Local Council if, as a result of any order of a Court of
competent jurisdiction, any of the seats of the local council
remain vacant or an elected member of the Local Council is
restrained from participating in the proceedings for the election
of the Mayor or Chairman.
Declaration of 27. Every Chairman or Vice Chairman or member of Local
1
Subs by Act III of 2013, passed by the Balochistan Assembly on 30 th August, 2013; assented to by the Governor of Balochistan on
4th September, 2013; published in the Balochistan Gazette (Extraordinary) No.103, dated 5th September, 2013.
Assets. Council, shall before he enters in office, submit to the
1
[Election Commission] may direct, a declaration in writing of
properties, both movable and immovable, whether within or
outside Pakistan, which he or any member of his family owns,
or which he has in his possession or under his control, or in
which he or any member of his family has any pecuniary
interest.
EXPLANATION: In this Section, the expression
member of his family in relation to a person, includes:―
(a) the spouse of such person, and
(b) such of the legitimate or adopted children or
parents; or servants; or relatives as reside with
him and are wholly dependent upon such person.
Oath of office. 28. A member shall, before taking his seat, make and
subscribe to an oath in such form as may be prescribed.
Bar against double 29. (1) Subject to Section 10, no person shall, at the
membership. same time, be a member of more than one council or more than
one ward of the same council.
(2) Nothing in sub-section (1) shall prevent a person
from being a candidate for two or more seats at the same time
whether in the same Local Council or in different Councils, but
if he is elected to more than one seat he shall, within a period of
60 (sixty) days after the declaration of the result for the last
such seats, resign all but one of the seats and retain the seat of
his choice and that until he has opted for one of such seats, he
shall not take oath of office in any Local Council in terms of
Section 28.
(3) A member who has subscribed to oath in
pursuance of Section 28 and has also submitted declaration of
assets as is required under Section 27, of a Local Council shall
assume office on such date as may be fixed by the Government
after issuance of notification by the Election Commission.
Casual vacancy. 30. (1) If the office of a member or a Vice Chairman or
a Chairman for any reason, falls vacant during the term of
office of a Local Council, a new member or Vice Chairman or
Chairman, as the case may be, shall be elected in the prescribed
manner, and he shall hold office for the residue of such term2[:]
1
Subs. by Act I of 2015, passed by the Balochistan Assembly on 28 th February, 2015; assented to by the Governor of Balochistan on 4 th
March, 2015; published in the Balochistan Gazette (Extraordinary) No.23, dated 5 th March, 2015, deemed to have taken effect from the
25th day of February, 2015.
1
[Provided that if the date of such election are in
clash with the dates for holding election/bye election to
National or Provincial Assembly or Senate the election or a bye
election of a Local council shall be deferred.]
2
[(2) If a seat of a member becomes vacant during the
term of office of a Council, a new member shall be elected
through by-election and the member elected in by-election shall
hold office for the remaining portion of the term of the Council:
Provided that if the vacancy in the office of
member occurs within four months of the expiry of the term of
a Local Council, the vacancy shall not be filled.]
3
[(2-A) All by-election for the vacant seats of members
of Councils shall be held once a year on a date or dates fixed by
the Election Commission of Pakistan.]
4
[(2-B) The period of one year referred to in sub-section
(2-A) shall be computed from the date of assumption of office
of the Council.]
(3) Notwithstanding anything contained in sub-
section (2) unless the time is extended by the Government, the
vacancy in the office of the Chairman or Vice Chairman shall
be filled within 5[sixty days] from the date such vacancy is
notified:
Provided that if the office of the Chairman falls
vacant in pursuance of Section 31, 32 and 33, the Government
shall appoint an Administrator till new Chairman is elected and
assumes his office:
Provided that if the office of the Vice Chairman
falls vacant in pursuance of Section 31, 32 and 33, the member
of the panel of the Presiding Officers elected under Section 64
(7) securing the highest number of votes shall act as the
convenor of the Local Council till new Vice Chairman is
elected and assumes his office.
Removal. 31. (1) Government may, after giving him an
opportunity of being heard, remove a Chairman/Vice Chairman
or a Mayor/ Deputy Mayor or a member of a Local Council
2
Subs by Act III of 2013, published in the Balochistan Gazette (Extraordinary) No.103, dated 5th September, 2013.
1
Added ibid.
2
Subs. ibid, for sub-section (2).
3
Inserted ibid.
4
Inserted ibid.
5
Subs. ibid, for the words “fifteen days”.
from office in the prescribed manner if he―
(a) has incurred any of the disqualifications
enumerated in Section 24;
(b) absents himself without reasonable cause
form three consecutive meetings of the
Local Council;
(c) refuses to take oath of office as member;
(d) fails to submit a declaration of assets and
liabilities as required under the Act;
(e) is guilty of misconduct involving bribery,
corruption, misappropriation or
misapplication of Local Council funds or
any attempt of such misconduct.
(2) A Chairman or a Vice Chairman or a member of
a Local Council removed under sub-section (1) may, within 30
days of the order of removal, file a review petition to
Government, whereupon Government may pass such orders as
it may deem fit.
(3) A Chairman or a Vice Chairman removed from
office shall cease to be a member.
Resignation. 32. (1) A Chairman or a Vice Chairman or a member
may resign his office by tendering resignation in writing to the
Government and a copy thereof shall be submitted to the Local
Council of which he is a Chairman or a Vice Chairman or a
member.
(2) On receipt of the resignation under sub-Section
(1), the Government shall proceed under Section 36.
Vote of no- 33. A Chairman or a Vice Chairman shall vacate office if a
confidence. vote of no-confidence is passed against him in the prescribed
manner by a minimum of two third number of the total number
of members of the Local Council electing him;
Provided that―
(a) A motion of no-confidence shall not be
moved before the expiry of six months of
his assumption of office as Chairman;
and
(b) Where a motion of no-confidence against
a Chairman has been moved and has
failed to secure the requisite majority of
votes in its favour at the meeting, the
proposer and seconder shall forthwith
cease to be the members of the council,
and no similar motion shall be moved
against him before the expiry of six
months from the date such motion was
moved.
Bar against re- 34. When a Chairman or a Vice Chairman or a member is
election. removed from office under section 33, he shall not, during the
unexpired period of the term of his office, be eligible for re-
election to the said office of any Local Council.
Remuneration. 35. (1) A Chairman / Vice Chairman of a Council may
receive such remuneration as may be prescribed.
(2) A Chairman / Vice Chairman of a Local Council
shall not have any pecuniary interest in the affairs of any of the
Local Councils in the Province.
Notification of 36. Every election, and vacation of office as a result of
election, death, removal or resignation from the office or vote of no-
resignation and confidence of Chairman or Vice Chairman or member, shall be
removal of
notified by the Election Commission or an authority designated
Chairman,
Vice Chairman by the Election Commission.
and Members,
etc.
Election Petition. 37. No election under this Act shall be called in question,
except by an election petition made by a candidate for the
election.
Election Tribunal. 38. (1) For the hearing of an election petition the
Election Commission shall, by notification, appoint an officer
to be an Election Tribunal for such areas as may be specified in
the notification.
(2) Where the person constituting an Election
Tribunal is succeeded by another, the hearing of a petition shall
continue before the person succeeding and any evidence already
recorded shall remain upon the record and it shall not be
necessary to re-examine the witnesses who have already been
examined and discharged.
Procedure for 39. Subject to the provisions of this Act, every election
hearing of petition shall be made and tried in such manner as may be
election prescribed.
petition.
Powers of the 40. The Election Tribunal shall have all the powers of a
Election civil court trying a suit under the Code of Civil Procedure, 1908
Tribunal. (V. of 1908) and shall be deemed to be a Court within the
meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (V of 1898).
Decision of the 41. (1) The Election Tribunal may, upon the conclusion
Election of hearing of an election petition, make an order―
Tribunal.
(a) dismissing the petition;
(b) declaring the election of the returned
candidate to be void;
(c) declaring the election of the returned
candidate to be void and the petitioner or
any other contesting candidate to have
been duly elected; or
(d) declaring the election as a whole to be
void.
(2) The decision of the Election Tribunal on an
election petition shall be final and shall not be called in
question in any court or before any other authority.
(3) The decision of the Election Tribunal shall take
effect from the date on which it is made and shall be
communicated to the Election Commission.
Ground for 42. (1) The Election Tribunal shall declare the election
declaring of the returned candidate to be void if it is satisfied that―
election of
returned (a) the nomination of the returned candidate
candidate void. was invalid; or
(b) the returned candidate was not, on the
nomination day, qualified for or was
disqualified from, being elected as a
member; or
(c) the election of the returned candidate has
been procured or induced by any corrupt
or illegal practice; or
(d) a corrupt or illegal practice has been
committed by the returned candidate or
his election agent or by any other person
with the connivance of the candidate or
his election agent.
(2) The election of a returned candidate shall not be
declared void on the ground―
(a) that any corrupt or illegal practice has
been committed, if the Election Tribunal
is satisfied that it was not committed by,
or with the consent or connivance of that
candidate or his election agent and that
the candidate and the election agent took
all reasonable precautions to prevent its
commission; or
(b) that any of the other contesting
candidates was, on the nomination day,
not qualified for or was disqualified
from, being elected as a member.
Ground for 43. The Election Tribunal shall declare the election of the
declaring a returned candidate to be void and the petitioner or any other
person other contesting candidate to have been duly elected, if it is so
than a returned
claimed by the petitioner or any of the respondents and the
candidate
elected. Election Tribunal is satisfied that the petitioner or such
contesting candidate was entitled to be declared elected.
Ground for 44. The Election Tribunal shall declare the election as a
declaring whole to be void if it is satisfied that the result of the election
elections as a has been materially affected by reason of―
whole void.
(a) the failure of any person to comply with the
provisions of this Act or the rules, or
(b) the prevalence of extensive corrupt or illegal
practice at the election.
Decision in case of 45. (1) Where after the conclusion of the hearing, it
equality of appears that there is an equality of votes between two or more
votes. contesting candidates and the addition of one vote for one such
candidate would entitle him to be declared elected, the Election
Tribunal shall draw a lot in respect of such candidates and the
candidate on whom the lot falls shall be deemed to have
received the highest number of votes entitling him to be
declared elected.
(2) Before proceeding to draw a lot under sub-
section (1) the Election Tribunal shall give notice to the
contesting candidates among whom there is an equality of votes
and shall proceed to draw a lot on the day and at the time and
place stated in the notice:
Provided that, the contesting candidates are
present when it appears that there is an equality of votes among
them, the Election Tribunal may proceed forthwith to draw a lot
without giving notice as aforesaid.
Corrupt practice. 46. A person guilty of bribery, personating, or undue
influence shall be punishable for an offence of corrupt practice
with imprisonment for a term which may extend to three years,
or with fine which may extend to fifteen thousand rupees, or
with both.
Bribery. 47. A person is guilty of bribery, if he, directly or indirectly,
by himself or by any other person on his behalf―
(a) Receives, agrees or contracts for any
gratification for voting or refraining from voting
or for being or refraining from being a candidate
at, or withdrawing or retiring from, an election;
(b) Gives, offers or promises any gratification to any
person for the purpose of―
(i) inducing a person to be or to refrain
from being a candidate at an election; or
(ii) inducing a voter to vote or refrain
from voting at any election; or
(iii) inducing a candidate to withdraw or retire
from an election; or
(iv) rewarding a person for having been or for
having refrained from being a
candidate at an election; or
(v) rewarding a voter for having voted or
refrained from voting at an election; or
(vi) rewarding a candidate for having
withdrawn or retried from an election.
Explanation.– In this section, ‘gratification’ includes a
gratification in money or estimable in money and all forms of
entertainment or employment for reward.
Personating. 48. A person is guilty of personating, if he votes or applies
for a ballot paper for voting as some other person whether that
other person is living or dead or fictitious.
Undue influence. 49. A person is guilty of undue influence, if he―
(a) in order to compel any person to vote, refrain
from voting, or to induce or compel any person
to withdraw his candidature at an election,
directly or indirectly, by himself or by any other
person on his behalf―
(i) makes or threatens to make use of any
force, violence or restraint;
(ii) inflicts or threatens to inflict any injury,
damage, harm or loss; or
(iii) uses any official influence or
Governmental patronage; or
(b) on account of any person having voted or
refrained from voting, or having withdrawn his
candidature, does any of the acts specified in
clause (a); or
(c) by abduction, duress or any fraudulent device or
contrivance―
(i) impedes or prevents the free exercise of
the franchise by a voter; or
(ii) compels, induces or prevails upon any
voter to refrain from voting or compels
any voter to vote.
Explanation.– In this section, ‘harm’ includes social
ostracism or ex-communication or expulsion from any caste or
community.
Illegal Practice. 50. A person is guilty of illegal practice punishable with
fine which may extend to ten thousand rupees, if he―
(a) obtains or procures, or attempts to obtain or
procure, the assistance of any officer or official
of the Federal Government, a Provincial
Government or a Local Government or
Authority to further or hinder the election of a
candidate;
(b) votes or applies for a ballot paper for voting at
an election knowing that he is not qualified for
voting or is disqualified from voting;
(c) votes or applies for a ballot paper for voting
more than once at any polling station;
(d) removes a ballot paper or a ballot box from a
polling station or destroys, damages or tampers
with the ballot-box used at a polling station;
(e) knowingly induces or procures any person to do
any of the aforesaid acts; or,
(f) fails to provide statement of election expenses
as required under this Act.
(g) makes or publishes a false statement―
(i) concerning the personal character of a
candidate or his relation calculated to
adversely affect the election of such
candidate or, for the purpose of
promoting or procuring the election of
another candidate, unless he proves that
he had reasonable ground for believing,
and did believe, the statement to be
true;
(ii) relating to the symbol of a candidate
whether or not such symbol has
been allocated to such candidate; or
(iii) regarding the withdrawal of a
candidate;
(h) knowingly, in order to support or oppose a
candidate, lets, lends, employs, hires, borrows
or uses any vehicle or vessel for the purpose of
conveying voters to or from the polling station,
except when a person conveys himself or any
member of the household to which he belongs,
to or from the polling station;
(i) causes or attempts to cause any person present
and waiting to vote at the polling station to
depart without voting.
Prohibition of 51. A person is guilty of an offence punishable with fine
Canvassing. which may extend to ten thousand rupees, if he, on the polling
day in connection with the election―
(a) convenes, calls or organises within a ward any
meeting; or
(b) within a radius of two hundred meters of the
polling station―
(i) canvasses for votes;
(ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the
election or for a particular candidate; or
(iv) exhibits, except with the permission of
the Returning Officer and at a place
reserved for the candidate or his polling
agent beyond the radius of one hundred
meters of the polling station, any
notice, sign, banner or flag designed to
encourage the voters to vote, or
discourage the voters from voting, for
any contesting candidate.
Disorderly conduct 52. A person is guilty of an offence punishable with
near polling imprisonment for a term which may extend to three months, or
station. with fine which may extend to ten thousand rupees, or with
both, if he―
(a) uses, in such manner as to be audible within the
polling station any gramophone, megaphone,
loudspeaker or other apparatus for reproducing
or amplifying sounds; or
(b) persistently shouts in such manner as to be
audible within the polling station; or
(c) does any act which―
(i) disturbs or causes annoyance to any
voter visiting a polling station for the
purpose of voting; or
(ii) interferes with the performance of the
duty of a Presiding Officer, Polling
Officer or any other person performing
any duty at a polling station; or
(d) abets the doing of any of the aforesaid acts.
Tampering with 53. A person is guilty of an offence punishable with
papers. imprisonment for a term which may extend to six months, or
with fine which may extend to ten thousand rupees, or with
both, if he;
(a) fraudulently defaces or destroys any nomination
paper or ballot paper;
(b) fraudulently takes out of the polling station any
ballot paper or puts into any ballot box any ballot
paper other than the ballot paper he is authorized
under the rules to put in;
(c) without due authority―
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise
interferes with any ballot box or packet
or ballot papers in use for the purpose of
election; or
(iii) breaks any seal affixed in accordance
with the provisions of the rules; or
(d) causes any delay or interruption in the beginning,
conduct or completion of the procedure required
to be immediately carried out on the close of the
poll; or
(e) fraudulently attempts or abets to do any of the
aforesaid acts.
Interference with 54. A person is guilty of an offence punishable with
the secrecy of imprisonment which may extend to six months, or with fine
voting. which may extend to ten thousand rupees, or with both, if he:
(a) interferes or attempts to interfere with a voter
when he records his vote;
(b) in any manner obtains or attempts to obtain, in a
polling station, information as to the candidate
for whom a voter in that station is about to vote
or has voted, or
(c) communicates at any time any information
obtained in a polling station as to the candidate
for whom a voter in that station is about to vote
or has voted.
Failure to maintain 55. Any candidate or polling agent attending a polling
secrecy. station, or any person attending the counting of votes, is guilty
of an offence punishable with imprisonment which may extend
to six months, or with fine which may extend to ten thousand
rupees, or with both, if he―
(a) fails to maintain or aid in maintaining the
secrecy of voting; or
(b) communicates any information obtained at the
counting of votes as to the candidate for whom
any vote is given by any particular ballot paper.
Conduct of 56. A Presiding Officer, Polling Officer or any other officer
officials. or official performing a duty in connection with an election, or
any member of a police force, is guilty of an offence punishable
with imprisonment for a term which may extend to six months,
or with fine which may extend to fifteen thousand rupees, or
with both, if he, during the conduct or management of an
election or maintenance of order at the polling station:
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any
person;
(d) does any other act amounting to further or hinder
the election of a candidate;
(e) fails to maintain or aid in maintaining the
secrecy of voting;
(f) communicates, except for any purpose
authorised by any law, to any person before the
poll is closed, any information as to the name or
number on the electoral roll of any voter who has
or has not applied for a ballot paper, or has or
has not voted at a polling station; and
(g) communicates any information obtained at the
counting of votes as to the candidate for whom
any vote is given by any particular ballot paper.
Breaches of official 57. A Returning Officer, Assistant Returning Officer,
duty in Presiding Officer, Assistant Presiding Officer, or any other
connection person employed by any such officer in connection with his
with election.
official duties imposed by or under this Act is guilty of an
offence punishable with imprisonment for a term which may
extend to two years, or with fine, or with both, if he, wilfully
and without reasonable cause, commits breach of any such
official duty, by act or omission.
Assistance by 58. A person in the service of the Federal Government, a
government Provincial Government, a Local Council, or a body owned or
servants. controlled by the Federal or a Provincial Government or a Local
Council is guilty of an offence punishable with imprisonment
for a term which may extend to six months, or with fine which
may extend to five thousand rupees, or with both if he, in any
manner, gives any assistance calculated to further or hinder the
election of a candidate.
Summary trial. 59. All offences under this Act except the offences under
sections 46 shall be tried summarily under the provisions of the
Code of Criminal Procedure 1898 (Act V of 1898).
Cognizance. 60. No court shall take cognizance of the offences under
sections 56, 57 and 58 except on the complaint in writing of the
Returning Officer concerned:
Provided that if the Returning officer has committed a
breach of his official duty, the complaint shall be made by the
Election Commission.
Certain offences to 61. An offence punishable under sections 46, 50, 51, 52, 53,
be cognizable. 54, 55, 56, 57 and 58 shall be cognizable offences.
Prosecution of 62. Notwithstanding anything contained in Chapter XV of
offences under this Act, no Court shall take cognizance of an offence under
this Chapter. sections 46, 50, 51, 52, 53, 54, 55, 56, 57 and 58 except upon a
complaint in writing made by order or, under authority from,
the Election Commission.
CHAPTER– V
EXECUTIVE POWERS AND CONDUCT OF BUSINESS
Executive authority 63. (1) The executive authority of a Local Council shall
and conduct of extend to the doing of all acts necessary for the due discharge of
business. its functions under this Act.
(2) Save as other wise provided, the executive
authority of Local Council shall vest in and be exercised by its
Chairman or Mayor as the case may be.
(3) All acts of a Local Council, whether executive or
not, shall be expressed to be taken in the name of the Local
Council and shall be authenticated in the manner prescribed.
Disposal of 64. (1) The business of a Local Council to the extent
Business. and in the manner prescribed shall be disposed of at its
meetings.
(2) A Local Council shall have the power to act
notwithstanding any vacancy in its membership.
(3) No proceedings of a Local Council shall be
invalid by reason only of the existence of any vacancy in, or
any defect in the constitution of the Local Council, or by reason
only that some person, who was not entitled to do so, sat or
voted, or otherwise took part in its proceedings.
(4) Quorum of the ordinary meetings of a Local
Council shall be not less than one third of the total membership
of the Council.
(5) Save as otherwise provided, decisions of the
Local Council shall be taken by resolutions passed by a simple
majority of the members present and voting.
Provided that the Presiding Officer shall not vote
except in the case of equality of votes.
(6) Ordinarily, the Vice Chairman shall preside over
the meetings of the Local Council.
(7) In the first meeting of a Local Council after the
election of Chairman and Vice Chairman presided over by the
Vice Chairman, the members shall elect, from amongst them, in
order of precedence, a panel of not less than three presiding
officers securing highest number of votes who shall, in absence
of the Vice Chairman preside over the meeting of the Council.
(8) A Local Council may appoint sub-committees
consisting of such number of its members and other persons, if
any, to perform such functions in such manner as may be
prescribed.
Meeting. 65. (1) A Local Council shall within three months of the
assumption of office frame bye-laws for the conduct of its
meetings which may, besides other matters, provide for―
(a) the types of meetings, that is to say,
ordinary, special or emergent;
(b) The types of business to be conducted in
different types of meetings;
(c) The place of meetings;
(d) Notices required for different meetings;
(e) Authority to call meetings;
(f) Notice of agenda for the meetings;
(g) Quorum for special and emergent
meetings;
(h) Order of business to be conducted in
meetings;
(i) The manner of asking questions;
(j) Motions and amendments and their
withdrawal or discussion on them;
(k) Speeches to be delivered;
(l) Training discourses or discussions to be
arranged at the meeting;
(m) Preservation of order;
(n) Decision by votes;
(o) Language to be used;
(p) Adjournments or postponements;
(q) Co-opting of other members or official;
(r) Re-consideration of the matters once
disposed of;
(s) Entertainment to be arranged at the time
of meetings; and
(t) Suspension of meetings.
(2) All Local Councils shall hold at least one
meeting during a month.
(3) No member shall be liable to any proceedings in
any Court in respect of anything said and any vote given by him
in the meeting of Local Council or a committee thereof so long
as such action does not―
(a) Undermine the ideology, security,
integrity or solidarity of Pakistan;
(b) Seek to create or excite feelings of
enmity, ill will, or hatred among different
communities, sects, classes or sections of
the citizens of Pakistan;
(c) Contain any indecent, obscene, scurrilous
or ironical expressions or defamatory
remarks against or seek to defame any
person; and
(d) relate to any matter basically not relevant
to or beyond the scope of this Act.
(4) A member who acts in contravention of the
provisions of sub-section (3) shall, without prejudice to any
other action against him, be disqualified and removed from
membership forthwith.
(5) All meetings of Local Councils shall be public
except when a Local Council by majority of votes decides to
consider any matter in a session attended exclusively by its
members.
(6) Minutes of the names of members present and of
the proceedings at each meeting shall be drawn up and recorded
in a book to be kept for the purpose which shall be signed by
the person presiding at the meeting and shall at all reasonable
times and without charge be open to inspection by members;
provided that no member shall be entitled to object to the
minutes of any meeting in which he was not present.
(7) A member who directly or indirectly, by himself
or by any partner, employer or employee, has any share or
interest in respect of any matter or has acted professionally, in
relation to any matter on behalf of any person having therein
any such shares or interest as aforesaid, shall not vote or take
any other part in any proceedings of a Local Council or any of
its Committees in relation to that matter.
Contracts. 66. (1) All contracts made by or on behalf of the Local
Council shall be;
(a) In writing and expressed to be made in
the name of the Local Council;
(b) executed in such manner as may be
prescribed; and
(c) Reported to the Local Council by the
Chairman at the meeting next following
the execution of the contract.
(2) No contract executed otherwise than in
conformity with the provisions of this section shall be binding
on the Local Council.
Works. 67. Government may, by rules, provide for―
(a) The preparation of plans and estimates for works
to be executed by a Local Council;
(b) The authority by whom and the conditions
subject to which such plans and estimates shall
be technically sanctioned and administratively
approved; and
(c) The agency by which such plans and estimates
shall be prepared and such works shall be
executed.
Reporting and 68. A Local Council shall―
evaluation.
(a) Maintain such record of its working as may be
required by Government;
(b) Prepare and publish such periodical reports and
returns as may be required by Government; and
(c) Adopt such other measures as may be necessary
for the publication of information about the
working of the Local Council.
CHAPTER– VI
ADMINISTRATION OF SERVICES
Local Council 69. (1) Keeping in view the requirement of Local
Service. Council the Government shall appoint staff from amongst the
officials in Local Councils Service, servants of Local Council
borne on the establishment of Local Government Board and the
Servants of the respective Local Council.
(2) The Government may from time to time specify
the posts in the Local Councils Service and the manner in
which they are to be filled, that is to say, from BPS-1 to BPS-15
by the Local Councils Selection Board and B-16 and above by
Balochistan Public Service Commission.
Balochistan Local 70. The Balochistan Local Government Board provided
Government continuity under the repealed Balochistan Local Government
Board. Ordinance, 2001 (XVIII of 2001) for the administration of
officers and officials of the Local Councils Service shall
continue to function under relevant Board Rules.
Members and 71. Every member and every servant of a Local Council,
servants of and every other person duly empowered to act on behalf of a
Local Councils Local Council, shall be deemed to be a public servant within the
to be public meaning of section 21 of the Pakistan Penal Code (XLV of
servants. 1860).
Servants of Local 72. (1) A Local Council may, with the prior approval of
Councils. Government and if so required by Government shall, on the
prescribed terms and conditions, employ such servants as are
deemed necessary for the efficient performance of its functions
under the Act:
Provided that Government may classify certain
posts as tenure posts and the term of such posts shall coincide
with the term of the office of a Local Council.
(2) If in the opinion of Government, the number of
servants employed by a Local Council under sub-section (1) or
the remuneration fixed for any of them, is excessive, the Local
Council shall on being required by Government to do so, reduce
the number of its servants or the remuneration of any of them,
as the case may be.
Functions of 73. A Secretary of a Local Council shall perform such
Secretary. functions as may be prescribed.
Provident Fund, 74. (1) A Local Council may establish and maintain a
Pension and Provident Fund and require any of its servants to contribute to
other facilities such fund, and may itself contribute to it in such manner and in
for the Servant
such proportion, as may be prescribed.
of Local
Council and (2) A Local Council may, in the prescribed manner,
Members of and with the previous sanction of Government, provide for the
Local Council payment of pension to its servants after retirement.
Service.
(3) A Local Council may, with the previous sanction
of Government, grant a special pension or gratuity to the family
of a servant who dies of disease or injury contracted or suffered
in the discharge of his official duties.
(4) A Local Council may, in the prescribed manner,
operate scheme of group insurance of its employees and require
its employees to subscribe to it.
(5) The Government may establish and maintain―
(a) a fund for maintenance of Local Councils
Service in Balochistan Local Government
Board;
(b) a Pension Fund out of which shall be paid
any pension granted under sub-section
(2); and
(c) a Benevolent Fund out of which shall be
paid any special pension or gratuity
granted under sub-section (3) or such
relief as may be prescribed.
(6) The Local Council shall contribute for the
members of Local Councils Service to the funds established and
maintained under sub-section (5) in such proportion and in such
manner as may be specified by Government.
Service Rules. 75. (1) Unless and until the rules are framed by the
Government, the services of Local Councils Service (LCS) and
the servants of Local Councils shall be governed under the
provisions of―
(a) West Pakistan Local Councils and
Municipal Committees (Service) Rules,
1963;
(b) West Pakistan Local Councils (Service)
Rules, 1969;
(c) a schedule of establishment and schedule
of qualification for the staff that shall be
employed by a Local Council shall be
framed by the Local Council and
approved by the Government;
(d) Appointment of various posts shall be
made subject to following the provisions
for recruitments under the prescribed
service rules and policy of the
Government framed from time to time.
(2) Disciplinary action shall be initiated as per
prevailing rules and guidelines circulated by the Government.
Legal Adviser. 76. A Local Council may, with prior approval of
Government as to the qualifications, terms and conditions of
service, appoint a whole-time or part-time Legal Adviser (not
being a member or a servant of a Local Council or Local
Councils) to appear in all legal proceedings and to render such
advice as may be required.
Training and 77. Government may―
Training
Institutions. (1) Set up institutions or make other arrangements
as may be necessary for―
(a) the pre-service and in-service training of
the functionaries of Local Council,
Government departments and other
related agencies;
(b) the training of Chairmen and members of
Local Councils;
(c) organizing conferences and seminars on
local governance and related subjects;
and
(d) undertaking research on issues in local
governance and allied subjects
independently or in collaboration with
Universities or Research Institutions;
(2) Provide for―
(a) the administration of training institutions;
(b) the compulsory training of members and
staff of Local Councils;
(c) curricula and courses to be studied;
(d) the holding of examinations and award of
diplomas and certificates to successful
candidates;
(e) affiliating institutions with universities;
and
(f) associating such universities, colleges or
training institutes as may be necessary for
the training of staff of Local Councils;
(3) A Local Council may be required to pay towards
the cost of the institutions set up or other arrangements made
under sub-section (1) and (2) in such proportion as Government
may, from time to time, determine.
CHAPTER– VII
FUNCTIONS OF LOCAL COUNCILS
78. (1) A Local Council shall undertake the functions
provided in this Act.
(2) A Local Council may, and if the government so
directs, shall declare any of its functions as essential services,
and impose such restrictions on its officers or servants as it
deems appropriate for the efficient delivery of such services.
(3) A Local Council may, subject to rules,
regulations and through its bye-laws, and if the Government so
direct shall, subject to allocation of funds undertake all or any
of the functions enumerated in Fifth Schedule.
79. Nothing contained in this Chapter shall preclude a Local
Council from performing such functions as may be assigned to
it by or under any other law.
Dangerous and 80. (1) The articles and trades given in the First
offensive Schedule shall be deemed to be dangerous or offensive for the
trades. purposes of this section.
(2) Except under, and in conformity with, the
conditions of a licence granted by the Local Council―
(a) no person shall carry on any dangerous or
offensive trade;
(b) no premises shall be used or suffered to
be used for any dangerous or offensive
trade; and
(c) no person shall store or keep in any
premises―
(i) any dangerous or offensive article
except for domestic use; or
(ii) any dangerous or offensive
articles in excess of such limits as
may be fixed by bye-laws.
(3) A Local Council may, with the previous sanction
of the Government, prepare and enforce a scheme providing for
the prohibition of dangerous and offensive trades in specified
areas within the Local Council, and for the restriction of such
trade in any area not so specified.
Constitution of 81. (1) In each Union, a Musalihat Anjuman shall be
Musalihat constituted consisting of a panel of three members including at
Anjuman. least one woman member one of whom shall be its Convener, to
be selected by the Local Council, within thirty days after its
election, from amongst the members of the Local Council:
Provided that the Chairman shall not be
appointed as a member of the Anjuman.
(2) Any casual vacancy of a member of the
Anjuman shall be filled by the Local Council, as soon as
practicable, after occurrence thereof.
(3) The members of the Anjuman shall be selected
for the term of the Local Council or until replaced earlier.
(4) Where in the opinion of the Local Council, a
member of the Anjuman is accused of consistent partiality and
malpractices in performance of his functions, the Local Council
may, subject to notice to show cause, remove such member and
select another member in his place.
Encouragement for 82. The Chairman, members of the Local Council and the
amicable members of Musalihat Anjuman shall use their good offices to
settlement of achieve amicable settlement of disputes amongst the people in
disputes.
the area through mediation, conciliation and arbitration,
whether or not any proceedings have been instituted in a court
of law in respect of such disputes:
Provided that such settlement shall be carried out in
such case where all parties to the dispute agree thereto and no
fee shall be charged for such settlement:
Provided further that in bringing parties to a dispute to
an amicable settlement, Musalihat Anjumn shall have regard to
the provisions of section 345 of the Code of Criminal Procedure
(Act V of 1898), Hadood laws and all other laws for the time
being in force where under certain offences are not
compoundable:
Provided also that every settlement brought by
Musalihat Anjuman in a case pending before a Court shall be
subject to the approval of such Court.
Explanation― For the purpose of this Section the
expression ‘dispute’ relates to disputes amongst the individuals
whether of civil or criminal nature.
Courts may refer 83. (1) Any court of competent jurisdiction may, in a
cases to case where it deems appropriate, refer a matter to the Musalihat
Musalihat Anjuman through the Chairman for settlement.
Anjuman.
(2) The court making a reference to Musalihat
Anjuman for settlement of a dispute under subsection (1) may
lay down the procedure for summoning the parties to the
dispute, the terms of reference, the period during which
settlement is to be made, the manner in which report of the
settlement is to be submitted and such other matters as it may
deem appropriate for resolution of the dispute.
(3) Where on a reference made by the court under
subsection (1), the dispute is settled between the parties, the
court may make such settlement as rule of the court.
(4) The Musalihat Anjuman shall inform the court if
the dispute is not settled within the time fixed by the court or,
may ask for extension in time for settlement of the dispute.
Appointment of 84. Where in a dispute the parties request for appointment
Conciliator for of a person other than the members of the Musalihat Anjuman
individual referred to in section 81 in a particular case as a Conciliator, the
cases.
Chairman may, in consultation with the Local Council, appoint
such person as a co-opted member of the Anjuman for that case.
Procedure of 85. (1) The Convener of the Musalihat Anjuman
settlement of selected under section 81 shall―
disputes.
(a) convene meetings of the Musalihat
Anjuman as necessary and at such place
or places in the Local Council as he
considers appropriate; and
(b) conduct the proceedings in an informal
manner with the object to bring an
amicable settlement among the parties.
(2) No legal practitioners shall be permitted to take
part in the proceedings on behalf of any party.
(3) The report of the Musalihat Anjuman shall be
recorded in writing and copies thereof attested by the Secretary
of the Local Council, shall be provided to the parties.
CHAPTER– VIII
DEVELOPMENT PLANNING IN LOCAL COUNCILS
Development Plans. 86. Development Plans in Local Councils shall be prepared
on specified sectoral proforma with the following as essential
information:―
(a) Name & Location: Name of the project and
location must be clearly indicated by giving the
name of the Area, Union Council and Village
along with relevant details to signify the exact
locality. Map of the area should be attached to
magnify project location.
(b) Cost: Cost estimates should be indicated with
source of financing and allocation in the current
year budget. The narration should touch on the
basis (e.g. market survey, schedule of rates,
estimation of previous work done) of
determining the capital cost.
(c) Objectives: The Local Council must have clear
road map of targets and objectives to achieve in
the arena of its responsibility for development.
Every project must fit into this frame and should
have strong linkage with over all development
objectives of the local council.
(d) Description and Justification: This section
should describe the project in terms of existing
facilities and justification for the Project. This
section should also include technical parameters,
details of civil works, machinery and other
physical facilities required for the project,
highlights of issues relevant to the project and
strategy to resolve them.
(e) Operating and Maintenance Cost: This section
should indicate itemized operational cost for five
years after completion of the project with source
of financing and responsibility.
(f) Financial Plan: This section should indicate the
quantum of total resources required for the
project and the sources to provide the cost.
(g) Project Benefits and Analysis: This section
should give a brief narration of the probable
income to be generated due to the project and
quantify social benefits to the target group.
(h) Environmental Impact: This section should give
a fair assessment of the negative or positive
impact of the project on the environment.
(i) Implementation Schedule: This section should
indicate the starting and completion date of the
project with detailed schedule of physical
activities. The details should include
administrative arrangements and manpower
requirements during execution and operation of
the project.
Community 87. A Local Council may sponsor or promote Community
Development Development Projects for its local area or any part thereof and
Projects. may in this behalf, subject to the approval of Government,
perform such functions as may be necessary.
Commercial 88. A Local Council may, with the previous sanction of
Schemes. Government, promote, administer, execute and implement
schemes for undertaking any commercial or business enterprise.
Town 89. A Local Council may, within the area of its jurisdiction,
Improvement. with prior approval of Government, frame projects for Town
Improvement and constitute a Town Improvement Committee
for the purpose which shall perform such functions and exercise
such powers as may be specified by Government.
Development 90. Where a Town Improvement Committee is constituted,
Schemes. Government may, in the prescribed manner, provide for:
(a) the types of schemes to be undertaken;
(b) initiation of schemes by Town Improvement
Committee on the direction of Government or on
move by the Local Council concerned;
(c) matters to be provided for in a scheme such as
acquisition of land subject to the provisions of
Land Acquisition Act 1894, retention
management or disposal of lands vested in the
Council, demolition of unhygienic buildings, re-
laying out and redistribution of land in a scheme,
laying out and alteration of schemes, provision
and management of open spaces, reclamation of
land and its reservation for the production of
fruit, vegetables, fuel, fodder and the like for the
residents of a local area, water supply and
lighting, drains and sewerage, health measures,
erection and re-erection of buildings, advances to
owners, communications and other mater;
(d) alteration and abandonment of schemes;
(e) furnishing of information by a Local Council or
by Government or other agency and which is
necessary for the purpose of framing a scheme or
of assistance in its execution or maintenance;
(f) powers of sanction or, as the case may be, of
rejection or modification of a scheme;
(g) powers to facilitate movement of population and
powers of entry;
(h) powers to make a survey or contribute towards
its costs; and
(i) such other matters as may be necessary.
Notice of scheme. 91. (1) As soon as may be, after a scheme has been
formulated, the Town Improvement Committee shall prepare a
notice stating the fact that the scheme has been framed and that
the boundaries of the localities comprised therein and the place
or places at which and the time at which the scheme including a
statement of the land proposed to be acquired and the general
map of the locality comprised in the scheme, may be inspected.
(2) The Town Improvement Committee shall,
notwithstanding anything contained in the sanctioned scheme,
cause the said notice to be notified and also published in a
newspaper weekly on three consecutive weeks along with a
statement of the period within which objections shall be
received.
(3) On the notification and publication of notice
under sub-section (2), the scheme shall be deemed to be in force
and no person shall thereafter erect, re-erect, add or alter any
building or buildings within the area of the scheme except with
the permission of the Town Improvement Committee.
(4) The objections under subsection (2) shall be
disposed of in the prescribed manner.
Notice of 92. (1) During thirty days next following the first day on
acquisition of which any notice is notified and published, the Town
land and Improvement Committee shall serve a notice on every person
notification of
whom the Town Improvement Committee has reason to
schemes.
believe to be owner or occupier of any immovable property
which is proposed to be acquired in executing the scheme and
such notice shall state that the Town Improvement Committee
proposes to acquire such property for the purpose of carrying
out a scheme, requiring such person, if he objects to such
acquisition, to state his reasons in writing within a period of
sixty days from the service of the notice.
(2) The sanction of the scheme by the authority
competent to do so under the rules shall on notification be
conclusive evidence that the scheme has been duly framed and
sanctioned.
Finances. 93. For every Town Improvement Committee there shall be
maintained a Fund, to be known as Town Improvement Fund
which shall be treated as local fund.
(a) The Town Improvement Fund shall be made up
of contributions by the Local Council and such
loans and grants as are approved and made by
Government.
Approval of 94. The Development Plan of a Local Council may be
Development sanctioned in its ordinary meeting.
Plan.
Development Plans 95. As far as may be, the schemes included in the
to be Included Development Plan shall be included in the budget.
in the Budget.
CHAPTER– IX
LOCAL COUNCIL FINANCE
Establishment of 96. (1) For every Local Council there shall be
Local Fund and established a Local Fund and a Public Account.
Public
Account. (2) To the credit of respective Local Fund shall be
placed all revenues received by a Local Council from the
following sources:
(a) monies transferred by another Local
Council under this Act;
(b) grants made to or monies received by a
Local Council from the Government or
other authorities in Pakistan;
(c) the proceeds of taxes, tolls, fees, rates or
charges levied by a Local Council under
this Act;
(d) rents and profits payable or accruing to a
Local Council from immovable property
vested in or controlled or managed by it;
(e) proceeds or any other profits howsoever
known or called from bank accounts and
investments of a Local Council;
(f) gifts, grants or contributions to a Local
Council by individual or institutions;
(g) income accruing from markets or fairs
regulated by a Local Council.
(h) fines and penalties imposed under this
Act;
(i) proceeds from other sources of income
which are placed at the disposal of a
Local Council under directions of the
Government; and
(j) All monies transferred to a Local Council
by the Government including loans if
any.
(3) To the credit of respective Public Account shall
be placed all revenues received by a Local Council from the
following sources―
(i) receipts accruing from trusts
administered or managed by a Local
Council.
(ii) refundable deposits received by a Local
Council; and
(iii) deferred liabilities.
(4) A Local Council may and if required by
Government shall establish and maintain a separate fund for
any special purpose to which one or more sources of revenue
mentioned in sub-section (2) or any part of these sources or any
specified portion of the Local Fund may be assigned and which
shall be administered and regulated in such manner as a Local
Fund.
Custody and 97. (1) Monies credited to a Local Fund or a Public
Operation of Account shall be kept in the government treasury, a post office
Local Fund and or National Bank of Pakistan in such manner as shall be
Public
specified by the Government from time to time.
Account.
(2) The Local Fund shall be operated in the manner
as provided in the Rules.
Charged 98. (1) The following expenditure shall be compulsorily
expenditure. charged on the Local Fund, that is to say:
(a) such sums as are required for repayment
of loans;
(b) any sum required to satisfy any
judgment, decree or award against the
Local Council by any Court or Tribunal
or Authority;
(c) such sums as the Local Council may be
required by Government to contribute
towards the conduct of elections, the
maintenance of specified Group of
Functionaries and the auditing of
accounts; and
(d) any expenditure declared by Government
to be so charged.
(2) if any expenditure is a compulsory charge on the
Local Fund and is not paid, Government may, by order, direct
the person having the custody of the Local Fund to pay such
amount, or so much thereof as may be possible from time to
time, from the balance of the Local Fund.
Application of 99. (1) Monies credited to a Local Fund shall be
Funds. expended in accordance with the approved Annual Budget.
(2) No Local Council shall transfer monies to a
higher level except by way of repayment of debts or for
carrying out deposit works or as prescribed in this Act.
(3) The application of Local Fund shall be subjected
to budgetary constraints by ratio to be prescribed for
development works and expenditure on prescribed
establishment.
(4) Where a new Local Council is to take over
during a financial year as a result of fresh elections, the
outgoing Council shall not spend funds or make commitments
for any expenditure, under any demand for grant or
appropriation, in excess of eight percent per mensum of the
budgeted funds for remainder of its term in office in that
financial year.
Budgets. 100. (1) Every Local Council, shall in the prescribed
manner, before the commencement of each financial year,
prepare a statement of its estimated receipts and expenditure for
the year and forward copies thereof for examination, scrutiny
and sanction in the following manner and to the following
authorities:―
(i) A Union Council shall prepare and
forward the budget for scrutiny and
sanction to the District Council
concerned;
(ii) A Municipal Committee shall prepare
and forward the budget for scrutiny and
sanction to the Divisional Coordination
Committee, and in the absence of
Divisional Coordination Committee, to
the Commissioner;
(iii) A Municipal Corporation and District
Council shall prepare and forward the
budget for scrutiny and authentication to
the Divisional Coordination Committee
who shall, after such scrutiny and
authentication, forward it to the
Government for final sanction:
Provided that in the absence of Divisional
Coordination Committee, the budget shall be forwarded to the
Commissioner who shall, after scrutiny and authentication,
forward it to the Government for final sanction; and
(iv) A Metropolitan Corporation shall prepare
and forward the budget for scrutiny and
authentication to the Divisional
Coordination Committee, and in absence
of the said Committee, to the
Commissioner, who shall, after such
scrutiny and authentication, forward it to
the Government for final sanction.
(2) If the budget is not prepared by the Local
Council before the commencement of any financial year the
sanctioning authority may have the necessary statement
prepared and certify it and such certified statement shall be
deemed to be the sanctioned budget for the concerned Local
Council;
(3) At any time before the expiry of the financial
year to which budget relates, a revised budget for the year may,
if necessary, be prepared and sanctioned and such revised
budget shall, so far as may be subject to the provisions of this
Section, deemed to be the budget of the Local Council
concerned.
(4) All Local Councils enlisted at (i), (ii) of (1)
above shall also send a copy of their budgets to Government
who, if considered expedient may modify the budget.
Accounts. 101. (1) The following arrangement for maintaining of
accounts in Local Councils shall be followed:
(a) The District Accounts Officer shall
maintain the accounts of each Local
Council for funds received from the
Government;
(b) Accounts of all other receipts and
expenditure of a Local Council shall be
kept in the manner and form prescribed
by Government.
(2) An annual statement of the accounts shall be
prepared after the close of every financial year and shall be
transmitted to Government by fifteenth day of July.
(3) A copy of the annual statement of accounts shall
be displayed at a conspicuous place in the office of the Local
Council for public inspection, and all objections or suggestions
concerning such accounts received from the public shall be
considered by the Local Council and brought to the notice of
the Audit Authority.
(4) The District Accounts Officer shall, quarterly
and annually, consolidate the accounts of Local Councils in the
District separately for receipts from the Government and local
resources and send a copy to the Government, Accountant
General and Chairman of the District Council.
Audit. 102. (1) Director Local Fund Audit, as Audit Authority
for Local Councils, shall, on the basis of such audit as he may
consider appropriate or necessary, certify the accounts,
compiled and prepared by the respective accounts official of the
local council for each financial year;
(2) The Director Local Fund Audit shall have the
authority to audit and report on the accounts of stores and stock
kept in any office of a local council.
(3) The Director Local Fund Audit shall:
(a) audit all expenditure from the Local Fund
to ascertain whether the moneys shown in
the accounts as having been disbursed
were legally available for, and applicable
to, the service or purpose to which they
have been applied or charged and
whether the expenditure conforms to the
authority which governs it;
(b) audit all transactions of the local council
relating to Public Account; and
(c) audit all receipts which are payable into a
Local Fund and to satisfy himself that all
such receipts which are payable into a
local Fund have been properly and
correctly deposited and rules and
procedures relating to such receipts have
been fully observed;
(4) The Director Local Fund Audit shall have the
authority:
(a) to inspect any office of accounts, under
the control of a local council, responsible
for the keeping of initial or subsidiary
accounts of the council;
(b) to require that any accounts, books,
papers and other documents which deal
with, or form the basis of, or otherwise
relevant to the transactions to which his
duties in respect of audit extend, shall be
sent to such place as he may direct for his
inspection;
(c) to inquire or make such observations as
he may consider necessary, and to call for
such information as he may require for
the purpose of the audit, and the officials
shall afford all facilities and provide
record for audit and inspection and
comply with requests for information in
as complete a form as possible and with
all reasonable expedition, and
(d) to examine the Chairman/ Vice
Chairman, or Mayor/ Deputy Mayor as
the case may, or any member or servant
of the Local Council.
(5) On completion of audit, the Director Local Fund
Audit shall submit to Government and to Local Council an
audit report which shall, among other things, clearly mention:―
(a) Cases of embezzlement, if any;
(b) cases of loss, misappropriation, waste or
misapplication;
(c) cases of other irregularities in the
maintenance of accounts.
(6) The disposal of audit report shall be as
prescribed by the Government and Rules made thereunder.
(7) The annual audit report shall be published by
every Local Council for information of public.
(8) The Government shall constitute a Local Council
Accounts Committee consisting of elected members and official
members to review audit reports of the Local Councils and also
to perform such other functions as may be prescribed.
Special Audit. 103. Government may appoint any other authority for special
audit of the accounts of a Local Council.
Surcharge. 104. Every member of a Local Council, every official or
servant of a Local Council and every person charged with the
administration of the affairs of a Local Council or acting on
behalf of a Local Council shall be responsible for the loss,
waste, misappropriation or misapplication of any money or
property belonging to a Local Council which is direct
consequence of his negligence or misconduct, and shall be
liable to pay such surcharge as may be determined by the Local
Councils Accounts Committee and such amount shall be
recoverable as a public demand or as arrears of land revenue.
Appeal. 105. Any person aggrieved by the imposition of surcharge
under Section 104 may, within a period of thirty days from the
date of such imposition, prefer an appeal to Government or any
other authority or person authorized by Government in this
regard, whose decision shall be final.
Provided that no order shall be passed in appeal except
after giving the aggrieved person an opportunity of being heard.
Local Council not 106. (1) No Local Council shall incur any debt.
to Incur Debt.
(2) No monies of the Local Council shall be
invested in securities other than those floated or approved by
the Federal Government or Provincial Government.
CHAPTER– X
LOCAL COUNCIL PROPERTY
Ownership of 107. (1) Subject to any conditions imposed by the
Property. Government, the property specified hereunder shall vest in the
respective local council if it is―
(a) vested in a local council through
succession;
(b) transferred to the local council by the
Government or any other authority,
organization or an individual; and
(c) constructed or acquired by a local council
with its title.
(2) The properties of the Government in possession
of the local governments established under Balochistan Local
Government Ordinance, 2001 (XVIII of 2001), shall pass on to
their successors as provided in this Act till varied by the
Government.
(3) The Government shall make Rules for the use,
development, improvement, management and inspection of
property which is owned by or vests in it or which is placed
under its management charge.
(4) The Government shall not, except with the prior
consent of the local council concerned, reallocate or in any
manner divest title of properties vested in that local council
under this Act.
Transfer of 108. The Government may, on its own accord or on a request
Property by the by a local council, transfer the management of any other
Government. Government or public property to it for administration as a
trustee.
Stock taking by the 109. (1) Every Chairman or Mayor as the case may be
Chairman. shall, on assumption of his office and thereafter, once in every
year on a date fixed by him, take the physical stock of movable
and immovable properties of the local council and submit a
report to the Council.
(2) The report referred to in sub-section (1) shall
contain―
(a) particulars of the properties held during
the preceding year;
(b) total value of the property and annual
return therefrom;
(c) particulars of unserviceable articles and
losses if any; and
(d) plans for utilization, development and
improvement during the following year.
Use and disposal of 110. (1) Properties of local council shall be used only for
properties of public purposes.
local council.
(2) Immovable properties of local council shall not
be sold or permanently alienated:
Provided that such properties may be given on
lease through competitive bidding in public auction with the
prior approval of the Government.
Provided further that no such property under or
near a fly-over bridge shall be leased or otherwise given to any
person for private, commercial or non-commercial use, and any
order, licence, permission, handcart passes or certificate issued
by any authority at any time in this respect shall stand
withdrawn and shall be deemed cancelled.
(3) The movable property of a local council which,
by the order of the Government is required to be disposed of
and all articles declared unserviceable shall subject to approval
by the Government, or any authority specially empowered by
the Government in this regard, be sold through a transparent
competitive bidding in public auction.
Personal 111. (1) Every Mayor/ Chairman, official or servant of a
Responsibility Local Council, every member of a Local Council, and every
with regard to person charged with the administration and management of the
loss and waste.
property of a Local Council shall be personally responsible for
any loss or waste, financial or otherwise, of any property
belonging to a Local Council which is a direct consequence of
decisions made by him personally or under his directions in
violation of any provisions of this Act or any other law for the
time being in force or which accrues as a result of his
negligence or misconduct, and shall be liable to pay such
surcharge as may be determined by the Local Councils
Accounts Committee and such amount shall be recoverable as
arrears of land revenue under surcharge proceedings.
(2) Any person aggrieved by the imposition of
liability under sub-section (1) may prefer an appeal to
Government, or any other authority or person authorized by the
Government in this behalf, whose decision shall be final.
Provided that no order shall be passed in appeal,
except after giving the aggrieved person an opportunity of
being heard.
CHAPTER– XI
LOCAL COUNCIL TAXATION
Local Rate. 112. All lands assessable to rent or land revenue shall be
subject to the payment of a rate to be known as the Local Rate.
The local rate in each District shall bear such proportion to the
rent or land revenue in the Local Area as Government may, by
notification from time to time fix, and shall be collected in the
prescribed manner alongwith the rent or land revenue by the
revenue officials responsible for its collection and the proceeds
thereof shall be credited to the Local Fund of the District
Council.
Rating Areas and 113. (1) On commencement of this Act, every notified
Property Tax. urban area shall be the Rating Area within the meaning of
Balochistan Urban Immovable Property Tax Act, 1958 (West
Pakistan Act V of 1958).
(2) The Metropolitan Corporation, Municipal
Corporation and Municipal Committee, as the case may be,
shall determine the rate of property tax in their respective area;
Provided that the Government may vary the rate
of property tax for any local area or a part thereof determined
by the Local Council, and thereafter, the rate fixed by the
Government shall prevail;
Provided further that in the urban areas where
the rate has not been determined, the areas shall be deemed to
be exempted from property tax till determination of the rate.
(3) Unless varied under sub-section (2), the existing
rates shall remain inforce.
(4) Government may declare any local area or a part
thereof as the Rating Area.
Explanation: For the purpose of this section the “Rate” shall
mean the tax leviable under the Balochistan Urban Immovable
Properly Tax Act, 1958 (West Pakistan Act V of 1958).
Imposition, 114. (1) A Local Council subject to the provisions of any
notification other law may, and subject to approval by the Government
and shall, levy all or any of the taxes, cesses, fees, rates, rents, tolls,
enforcement of
charge, surcharges and levies specified in the Second Schedule.
Taxes.
(2) No tax shall be levied without previous
publication of the tax proposal and without inviting and
considering/hearing public objections
(3) Subject to the provisions of any other law for the
time being in force, and with the prior approval of the
Government, a Council may reduce, suspend or abolish a tax.
(4) Where a tax is levied or modified, the Local
Council shall specify the date for the enforcement thereof, and
such tax or the modification shall come into force on such date.
Model Tax 115. Government may frame Model Tax Schedules and when
Schedule. such Schedules have been framed a Local Council shall be
guided by them in levying a tax, cess, rent, charge, rate, toll or
fee.
Collection and 116. (1) Failure to pay any tax and other money
recovery of claimable under this Act shall be an offence
taxes, etc.
(2) All arrears of taxes, rents and other moneys
claimable by a Local Council under this Act shall be
recoverable as arrears of land revenue.
(3) Government may empower any Local Council to
recover arrears of taxes or any other moneys claimable by the
Local Council under this Act by distress and sale of the
movable property belonging to the person concerned or by
attachment and sale of the immovable property belonging to
him.
(4) Government may, by rules, specify the officials
or classes of officials by whom the power under sub-section (2)
shall be exercised and prescribe the manner in which it shall be
exercised.
Liability on account 117. (1) A Local Council may by notification, call upon
of taxes. any person to furnish such information, produce such record or
accounts or to present such goods or animals liable to any tax as
may be necessary for the purpose of determining the liability of
such person, goods or animals to a tax.
(2) Any official of a Local Council authorized in
this behalf, may after due notice, enter upon any building or
premises for the purposes of assessing the liability of such
building or premises to any tax, or inspecting any goods or
animals therein liable to any tax.
(3) Any official of a Local Council authorized in
this behalf may, in the prescribed manner, seize and dispose of
any goods or animals on which any tax is due and is not paid.
Taxation Rules. 118. (1) All taxes and other charges levied by a Local
Council shall be imposed, assessed, leased, compounded,
administered and regulated in such manner as may be provided
by rules.
(2) Rules framed under this section may, among
other matters, provide for the obligation of the tax payer and the
duties and powers of the officials and other agencies
responsible for the assessment and collection of taxes.
Sharing of income. 119. A District Council may, and if so directed by the
Government shall, allocate a portion of its income to a Union
Council or Councils.
CHAPTER– XII
LOCAL COUNCILS GRANTS COMMITTEE AND FISCAL
TRANSFERS
Constitution of 120. The Government shall constitute a Local Councils Grant
Local Councils Committee headed by the Minister Finance with Secretaries of
Grants the Finance, Local Government and Planning & Development
Committee.
Departments as members for award of grant to the Local
Councils.
Functions of the 121. (1) The Local Councils Grants Committee shall
Local Councils make recommendations to the Government on:
Grants
Committee. (a) The amount of Local Councils Grant out
of the proceeds of Provincial
Consolidated Fund in a financial year in
addition to the GST grant (in lieu of
Octroi and Zila Tax);
(b) Formula for distribution of Local
Councils Grant among local councils in
the province;
(c) The amount of special grants with
modalities and conditions for local
councils to access the facility;
(d) Grants in aid to local councils in need of
assistance; and
(e) Matters relating to local councils finance.
(2) The Grants Committee shall take into account
the principles of need, capacity, effort and performance of local
councils while making recommendations.
Rules of Business 122. The Government shall make rules to regulate the
of Local business of Local Councils Grants Committee.
Councils
Grants
Committee.
CHAPTER– XIII
SUPERVISION OF LOCAL COUNCILS
Supervision of 123. (1) Government shall exercise general supervision,
Local and control over the Local Councils in order to ensure that their
Councils. activities conform to the provisions of this Act.
(2) In performance of their functions, the local
councils shall not impede or prejudice the exercise of the
executive authority of the Government.
Inspections of 124. (1) The working of the Local Councils shall be
Local Council. inspected at least once in each financial year by the inspecting
officer or officers to be notified by Government.
(2) The Inspecting Officer shall have the power―
(a) to enter upon, inspect and survey any
immovable property occupied by a Local
Council or any institution maintained by
or any work in progress under the
directions of Local Council;
(b) to call for or inspect files, registers,
books or documents in the possession or
under the control of a Local Council;
(c) to require the production of such
statements, accounts, reports, documents
and copies of documents relating to the
proceedings of a Local Council as he may
think fit;
(d) to observe meetings of Local Council;
and
(e) to inquire generally into the affairs of a
Local Council.
Inspection reports 125. (1) The inspection reports shall be prepared in such
and action form as may be specified by Government and the inspection
thereon. reports so prepared shall be forwarded to the Local Council
concerned within thirty days of the completion of inspection.
(2) As soon as may be, the inspection reports
prepared under sub-section (1) shall be placed before a meeting
of the Local Council for information and compliance.
(3) The Chairman shall take such action on the
inspection report as may be required.
(4) Within thirty days of the receipt of an inspection
report, Local Council shall annotate the inspection report and
forward it to the Inspecting Officer who may issue such further
directions and advice to the Local Council as may be necessary.
(5) If there is any dispute or difference of opinion
between the Inspecting Officer and the Local Council, such
dispute or matter shall be decided by Divisional Coordination
Committee.
Suspension of 126. Where in the opinion of Government anything done or
orders and intended to be done by or on behalf of a Local Council is not in
resolutions. conformity with law, Government for reasons to be recorded,
may:―
(a) quash the proceedings;
(b) suspend the execution of any resolution passed
or order made by the Local Council;
(c) prohibit the doing of anything proposed to be
done; and
(d) Require the Local Council to take such action as
may be specified.
Power to give 127. (1) Government may direct any Local Council or
directions. any person or authority responsible thereto to take within such
period as may be specified such action as may be necessary for
carrying out the purposes of this Act.
(2) Where after due enquiry, Government is
satisfied that a Local Council or person or authority has failed
to comply with any direction made under sub-section (1),
Government may appoint a person or persons to give effect to
such directions and may further direct that the expenses
incurred in connection therewith shall be borne by the Local
Council.
(3) Should the expenses be not so paid, Government
may make an order directing the person having the custody of
the balance of the Local Fund of the Local Council to pay the
expenses or so much thereof as may, from time to time, be
possible.
Inquiries. 128. (1) Government may, for reasons to be recorded and
communicated to the concerned Chairman or Mayor, cause an
inquiry to be made by such person as may be authorized by it in
this behalf, into the affairs of a Local Council, generally or into
any particular matter concerning a Local Council and take such
remedial measures as may be warranted by the findings of such
inquiry.
(2) Such person shall, for the purposes of the
inquiry, have the powers of a court under the Code of Civil
Procedure, 1908(V of 1908), to take evidence and to compel the
attendance of witnesses and the production of documents.
Dissolution and 129. (1) Government may by notification in the official
Suspension. gazette dissolve or suspend a Local Council for a period
specified in such notification and appoint any person as
Administrator if there are reasons to believe that a Local
Council:―
(a) Is unable to discharge or persistently fails
to discharge its duties; or
(b) Is unable to administer its affairs for
meeting its financial obligations; or
(c) Generally acts in a manner contrary to
public interest; or
(d) Otherwise exceeds or abuses its powers.
(2) On publication of a notification under sub-
section (1):
(a) Person holding offices as Chairman/Vice
Chairman, or Mayor/ Deputy Mayor as
the case may be, and members of the
Local Council shall cease to hold offices;
(b) all functions of the Local Council shall,
during the period of suspension, be
performed by such person or authority as
Government may appoint in this behalf;
and
(c) all funds and property belonging to the
Local Council shall, during the period of
suspension, vest in Government.
(3) Government shall hold or cause to be held an
inquiry into charges on which a Local Council is suspended and
if, within a period of two months, from the date of the
suspension of the Local Council, the inquiry is not completed,
the Local Council shall stand re-instated.
(4) If, as a result of the inquiry, the charges against
the Local Council are proved, Government may dissolve the
Local Council.
(5) When a Local Council is dissolved―
(a) Government shall order fresh elections,
for the remaining term of the Local
Council, if the remaining term is not less
than six months; and
(b) If the remaining term of the Local
Council is less than six months, the
person or authority referred to in sub-
section (2) (b) shall continue to perform
the functions of the Local Council and its
funds shall continue to vest in the
Government till the re-constituted Local
Council assumes office.
CHAPTER– XIV
DIVISIONAL CO-ORDINATION COMMITTEE AND
INTER-COUNCIL MATTERS
Divisional 130. (1) There shall be Divisional Coordination
Coordination Committee in every Division, which shall consist of―
Committee.
(a) Elected Mayor of Metropolitan
Corporation, Chairmen of District
Councils, Chairmen of Municipal
Corporations, Chairmen of Municipal
Committees and heads of all nation
building departments of the Provincial
and Federal Governments and Collector
of the District.
(b) One representative each of the special
interest groups, viz. peasants, workers
and women to be elected in the
prescribed manner, by the elected
members belonging to the respective
groups in various Local Councils within a
Division.
(2) The members of the Provincial and National
Assemblies elected from the Division may take part as
observers in the meetings of the Divisional Coordination
Committee but they shall not be its members.
(3) The Chairman of the Divisional Coordination
Committee shall be the Commissioner and the Deputy Director,
Local Government and Rural Development shall be its ex-
officio Secretary:
Provided that if the Chairman is unable to
preside over any meeting of Divisional Coordination
Committee, the members present may elect from amongst
themselves, any member to preside over that meeting.
(4) The Divisional Coordination Committee shall
meet at least once in every three months:
Provided that it shall compulsorily meet in the
month of June each year to scrutinize, authenticate or sanction,
as the case may be under this Act, the budget of the Local
Councils.
(5) The Commissioner shall call its meetings, and
decisions shall be taken by a majority of vote of the members
participating in the meeting.
(6) Quorum for the meetings shall be one third of
the total members of the Committee.
Functions. 131. (1) The functions and powers of the Divisional
Coordination Committee, shall among other matters, include
the following:―
(a) Coordination of the activities including
the Development Plan of all Local
Councils and all nation building
departments in the Division;
(b) settlement of disputes amongst Local
Councils in the Division;
(c) levy of surcharge under Section 104 and
113; and
(d) Consideration and recommenda-tion of
the taxes proposed to be levied by
District Councils, Metropolitan
Corporation, Municipal Corporation or
Municipal Committees.
(2) Any decision taken by the Divisional
Coordination Committee shall be communicated to the Local
Council concerned and Nation Building Departments concerned
for implementation.
Joint Committee. 132. A Local Council may join any other Local Council or
Local Authority in appointing a Joint Committee for any
purpose in which such Local Councils or Local Authorities are
jointly interested and may delegate to such joint Committees
any power which may be exercised by it including the power to
make bye-laws for conduct of its business.
CHAPTER– XV
OFFENCES AND PENALTIES
Offences. 133. An act or omission specified in the Third Schedule shall
be an offence under this Act.
Punishment. 134. (1) Whoever commits any of the offences mentioned
in Part-1 of the Third Schedule shall be punished with
imprisonment for a term which may extend to six months, or
with fine which may extend to ten thousand rupees, or with
both, and if the offence is a continuing one, with a further fine
which may extend to two hundred rupees for every day after the
date of the first commission during which period the offender
has persisted in the offence.
(2) Whoever commits any of the offences mentioned
in Part-II of the Third Schedule shall be punished with fine
which may extend to five thousand rupees and if the offence is
a continuing one, with further fine which may extend to two
hundred rupees for every day after the date of the first
commission during which period the offender has persisted in
the offence.
(3) Out of the fine imposed under sub-section (1) or
sub-section (2), the court imposing the fine may award such
compensation for the loss to or damage of the property of the
Local Council as it may deem fit.
Compounding of 135. Save as otherwise provided the Chairman or any person
offence. generally or specially authorized by Local Council in this
behalf, may at any time or after the commission of offence but
before the conclusion of proceeding in the Court, compound
any offence mentioned in the Third Schedule:
Provided that no case in respect of any offence pending
adjudication before a court shall be compounded except with
the permission of the court;
Provider further that an offence shall not be
compounded where the accused has been served a notice
forbidding him from continuing with the violation or
contravention of any provision of this Act, and he persists in
such violation and contravention;
Provided also that the accused shall be given an
opportunity of being heard before passing an order or taking
any action adverse to his interest.
Cognizance of 136. No Court shall take cognizance of any offence
offences. mentioned in the Third Schedule, except on a complaint in
writing received from the Chairman, or a person generally or
specially authorized by the Local Council in this behalf.
Summary disposal 137. (1) A Court taking cognizance of any offence
of cases. punishable under this Act other than an offence mentioned in
Part-I of the Third Schedule, may state upon the summons to be
served on the accused person that he may:
(a) appear by pleader and not in person; or
(b) by a specified date, prior to the hearing of
the charge, plead guilty by registered
letter and remit to the Court such amount
as the Court may specify.
(2) The accused person shall, if he pleads guilty to
the charge, forward his license, if any, to the Court with a letter
containing his plea in order that the conviction may be endorsed
on the licence.
(3) Where the accused person pleads guilty and
remits the sum specified and has complied with the provisions
of sub-section (2), no further proceedings in respect of the
offence shall be taken against him nor shall he be liable to be
disqualified from holding or obtaining a licence solely by
reason of his having pleaded guilty.
Summary trial of 138. Notwithstanding anything to the contrary contained in
offences. any other law for the time being in force, the offences specified
in the Third Schedule shall be tried summarily.
CHAPTER– XVI
MISCELLANEOUS
Appointment of 139. (1) Government may, on such terms and conditions
whole-time as it may determine, appoint one or more Magistrates for trial of
Magistrates. offences under this Act.
(2) Notwithstanding anything contained in any other
law for the time being in force, the Magistrate or Magistrates,
as the case may be, appointed under sub-section (1) shall have
the power to try summarily the offence under this Act.
Appeals. 140. (1) Any person aggrieved by any order passed by a
Local Council or its Chairman in pursuance of this Act or the
rules or bye-laws, may appeal to such authority, in such manner
and within such period as may be prescribed.
(2) Any order passed in appeal shall be final:
Provided that no order shall be passed in appeal,
except after giving the aggrieved person an opportunity of
being heard.
Power to make 141. (1) Government may make rules1 for carrying out
rules. the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for
all or any of the matters specifically required to be provided
under this Act, and all matters incidental, consequential and
supplemental thereto.
Bye-laws. 142. (1) A Local Council may, and if required by
Government shall, make bye-laws not inconsistent with this Act
1
For the Balochistan Local Government (Election) Rules, 2013 see the Balochistan Gazette (Extraordinary) No. 12, dated 18 th January,
2013.
and the rules framed thereunder to carry out the purposes of this
Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such bye-laws may provide
for all or any of the matters specified in the Forth Schedule and
the matters incidental, consequential and supplemental thereto.
(3) Any regulations made by any Local Council in
pursuance of, or continued in force under the provisions of the
Balochistan Local Government Ordinance, 2001 (XVIII of
2001), if not inconsistent with this Act or the rules made
thereunder, shall be deemed to be bye-laws validly made under
this Act.
General provisions 143. (1) All bye-laws shall be made subject to the
relating to bye- condition of previous publication.
laws, etc.
(2) All bye-laws made by any Local Council shall
be subject to the sanction of Government and Government may
sanction such bye-laws subject to modifications:
Provided that if the Government does not
sanction or modify the bye-laws made by the Local Council
within three months of their receipt, the bye-law so made by the
Local Council shall be deemed to be sanctioned.
(3) Government may frame model bye-laws and in
framing their bye-laws the Local Councils shall be guided by
such models.
(4) All rules shall be notified in the Official Gazette,
and all bye-laws shall be published in such manner as in the
opinion of the authority making them be best adopted for
information of the residents of the Local Area concerned.
(5) Copies of rules and of bye-laws pertaining to a
Local Council shall be kept available at the office of the Local
Council for inspection and sale.
Delegation of 144. (1) Government may, by notification, delegate any
powers. of its powers under this Act or the rules to any officer
subordinate to it.
(2) A Local Council may, with the previous sanction
of Government, delegate any of its powers under this Act or the
rules or bye-laws to its Chairman or a Sub-Committee or any of
its officers or members.
(3) A Chairman may, with the previous sanction of
the Local Council concerned, delegate all or any of his powers
under this Act or the rules or bye-laws, not being powers
delegated to him under sub-section (2), to any member of the
Local Council, or any of its officers.
(4) Notwithstanding anything to the contrary
contained in this Act, or any delegation made under this section,
whenever the Chairman of a Local Council is on leave for a
period of more than ten days, then the Vice Chairman of the
respective Council shall exercise all the executive powers and
perform all the functions of the Chairman during the period of
his absence.
Transfer of 145. Notwithstanding anything contained in this Act or in
function. any other law, Government may, from time to time, direct that
subject to such terms and conditions, as may be specified in the
direction.
(a) any institution or service maintained by a Local
Council shall be transferred to the management
and control of Government; or
(b) any institution or service maintained by
Government shall be transferred to the
management and control of a Local Council.
Provided that no direction regarding the transfer of any
institution or service from a Local Council to Government or
vice versa shall be given without the consent of the Local
Council.
Licenses and 146. (1) Wherever it is provided in this Act or the rules or
sanctions. bye-laws that the permission or sanction of a Local Council
shall be necessary to the doing of any act, such permission or
sanction shall be in writing.
(2) Every license sanctioned or permission granted
by or under the authority of a Local Council shall be signed by
the Chairman, or by such Officer of the Local Council, as may
be authorized in this behalf by rules or bye-laws.
Institution of suits 147. (1) A suit may be instituted against a Local Council
against Local or against any member, official or servant of a Local Council in
Council, etc. respect of any act done or purported to have been done in his
official capacity after the expiration of one month next after a
notice in writing has been in the case of a Local Council,
delivered or left at its office, and in the case of member, official
or servant, delivered to him or left at his office or residence,
stating the cause of action, the name, description, and place of
residence of the intending plaintiff and the relief which he
claims and the plaint shall contain a statement that such notice
has been so delivered or left.
(2) Where any such suit is instituted without
delivering or leaving such notice as aforesaid or before the
expiration of the said period of one month or where the plaint
does not contain a statement that such notice has been so
delivered or left or if settlement as regards the subject matter of
the suit is reached or the Local Council or the member or
official or servant, as the case may be concedes the plaintiff’s
claim within the period of one month from the date of
institution of the suit, the plaintiff shall not be entitled to any
cost.
Notice and service 148. (1) Where anything is required to be done by any
thereof. person under this Act or the rules or bye-laws, a notice shall be
served on the person concerned specifying the time within
which the requirement shall be complied with.
(2) No notice shall be invalid for defect of form.
(3) Every notice shall, unless otherwise provided, be
served or presented by giving or tendering the notice or sending
it by post to the person for whom it is intended or by affixing it
on some conspicuous part of his ordinary abode or usual place
of business.
(4) A notice intended for the public in general shall
be deemed to have been sufficiently served if a legible copy
thereof is affixed in such public place as may be determined by
the Local Council.
Records to be 149. All records prepared or registers maintained under this
public Act shall be deemed to be public documents within the meaning
documents. of Qanun-e-Shahadat Order, 19841.
Bar against 150. A Chairman or a member of a Local Council shall not
employment. be employed under such Local Council for a period of one year
from the date on which he ceases to be a Chairman or member,
as the case may be.
Protection of action 151. No suit, prosecution or other legal proceedings shall lie
taken in good against Government or any Local Council or against any person
faith. authorized by either, for anything done in good faith or
1
That is Order X of 1984, published in the Gazette of Pakistan (Extraordinary), Part I, dated 28th October, 1984, pp. 587-642.
intended to be done under this Act or for any damage caused or
likely to be caused by any such thing.
Revival of the 152. On commencement of this Act the Divisional and
Divisional and District Offices of the Local Government & Rural Development
District offices Department entrusted to the Town/ Tehsil Municipal
of Local
Administrations constituted under the Balochistan Local
Government
and Rural Government Ordinance 2001 alongwith employees shall stand
Development revived. The Water and Sanitation Agency and any other
Department Authority under the control of District Government shall also
and Water & stand functioning as prior to the promulgation of the
Sanitation Balochistan Local Government Ordinance, 2001.
Agencies and
any other
Authorities.
Entrustment of 153. On the commencement of this Act the administrative
Decentralized and financial authority for the management of the offices of the
Offices. District Government set up in a District under BLGO 2001 shall
stand entrusted to the respective Provincial Administrative
Departments.
Removal of 154. The government may, by order, provide for the removal
difficulty. of any difficulty which may arise in giving effect to the
provisions of this Act.
Amendment of 155. The Government may, by notification in the official
Schedules. gazette, amend or vary any of the Schedules incorporated in this
Act.
CHAPTER– XVII
MANAGING TRANSITION
Interim authorities. 156. In any area within the jurisdiction of a Local
Government as defined in the Balochistan Local Government
Ordinance,2001 (XVIII of 2001), in which the provisions of
this Act are brought into force but a Local Council is not
constituted or a Local Council constituted under this Act has
been dissolved, then notwithstanding anything contained in this
Act, Government may, by order empower a person or persons
to perform all or any of the functions of such Local
Government or Local Council as had jurisdiction therein
immediately before such enforcement or dissolution, as the case
may be, or such functions under this Act or any other law for
the time being in force as may be specified in the order, until a
Local Council for the area assumes office in accordance with
the provisions of this Act.
Interim 157. Where on the enforcement of this Act in any area, any
maintenance of service undertaken or institution maintained by Government is
institutions. required under any of the provisions of this Act to be
compulsorily undertaken or maintained by a Local Council,
such service or institution shall, notwithstanding anything
contained in this Act, continue to be undertaken or maintained
by Government until the management thereof is duly
transferred to the Local Council.
Interim budget. 158. Where a Local Council assumes office under this Act
for the first time, its budget for the financial year during which
it assumes office shall relate to the remaining period of that
year and the provisions regarding budget under this Act shall
mutatis mutandis apply to such a budget.
(see Schedule on next page)
THE FIRST SCHEDULE
DANGEROUS AND OFFENSIVE ARTICLES AND TRADES
(See Section 80)
1. The business of storing or selling timber, firewood, coal, charcoal and coke,
hay straw, grass and bamboo, jute, shrub, hemp munj and their products,
matches, explosives, petrol, oil and lubricants, paper, ghee and other
dangerously inflammable materials.
2. Sugar refining and sugar refineries.
3. preparation of aerated water.
4. Operating or running bake houses.
5. Electroplating.
6. Welding.
7. Storing, packing, pressing, cleaning, preparing or manufacturing by any
process whatever blasting powder, ammunition, fireworks, gun powder,
sulpher, mercury, gases gun cotton, saltpeter, nitrocompounds,
nitromixtures, phosphorus or dynamite.
8. Cleaning, dying, preparing or manufacturing by any process whatever clothes
or yarn in indigo and other colours.
9. Storing, processing, cleanings, crushing, melting, preparing of manufacturing
by any process whatever or dealing in bones, offal, fat blood, soap, raw
hides and skins candles, manure, catgut and oil cloth.
10. Manufacturing oils.
11. Washing or drying wool or hair.
12. Making or manufacturing bricks, ‘Surkhi’, tiles, or earthenware potselay pipes
or other earthenware by any process of baking or burning.
13. Burning or grinding of limestone or metal stone or storing of lime for sale.
14. Cleaning or grinding of grain or chilies by any kind or class or machinery.
15. Keeping animals likely to create nuisance.
16. Casting of heavy metals such as iron, lead copper and brass.
17. Dealing in chemicals, liquid or otherwise.
18. Whole-sale storing cleaning pounding and selling of tobacco except the storing
of tobacco required for the preparation of biddies, cigars or cigarettes.
19. Operating or running tin factories.
20. Manufacture of safes, trunks and boxes.
21. Marble cutting and polishing.
22. Glass leveling and polishing.
23. Manufacture of cement and home pipes.
24. Storing, packing, pressing, cleaning, preparing or manufacturing by any
process whatever, rags, pitch, tar, turpentine, dammar, coconut, fiber, flax,
hemp, rosin or spirit.
25. Tanning, Pressing or packing hides or skins whether raw or dry.
26. Trade or operation of a Ferries.
27. Working of power-looms, rice husking plants, steam whistle, steam trumpet or
electric or hand operated sirens beyond hours fixed for their operation by a
Local Council.
28. Discharging fire-arms and letting off fire-works, fire balloons of detonators, or
any game dangerous to life, dwelling and other property.
29. Any other article or trade declared by Government to be dangerous to life,
health or property or likely to cause nuisance either from its nature or any
reason of the manner in which or the conditions under which, the same may
be processed or carried on.
THE SECOND SCHEDULE
TAXES OF LOCAL COUNCILS
(See Section 114)
Part I- Taxes of Union Councils
(1) Tax on cinemas and cinema tickets.
(2) Entertainment tax on dramatical and theatrical show;
(3) Fees for registration certification of birth, marriages, and deaths;
(4) Fees for liceness, sanctions and permits granted by a Union Council;
(5) Fee on the slaughter of animals;
(6) Fee for erection and re-erection of buildings;
(7) Rate for the remuneration of village guards;
(8) Market fees for the markets established by the Union Council;
(9) Rates on the services provided by the Union Council;
(10) Rate for the execution or maintenance of any work of public utility like
lighting of public places, drainage, conservancy and water supply operated
by Union Council;
(11) Fee at fairs, agricultural shows, industrial exhibitions, tournaments and other
public gathering;
(12) Tax on feasts where more than twenty persons, not belonging to the household
of the person arranging the feast, are entertained with foodstuffs;
(13) Community tax for the construction of public work of general utility for the
inhabitants of the Union; and
(14) Any other tax authorized by Government.
Part II
Taxes of District Councils
(1) Tax on the transfer of immovable property;
(2) Fees for liceness, sanctions and permits granted by the District Council;
(3) Market fees for the markets maintained by the District Council;
(4) Rates of the services provided by the District Council;
(5) Fees at fairs, agricultural shows and industrial exhibitions tournaments and
other public gathering;
(6) Fees for specific services rendered by the District Council;
(7) Tax on the annual rental value of buildings and lands;
(8) Toll on roads and bridge and ferries maintained by the District Council;
(9) Tax on vehicles other than motor vehicles and including carts, bicycles, and
tongas.
(10) Tax for the construction or maintenance of a work of public utility;
(11) Fee on advertisement and billboards, other than on radio, print media and
television, and
(12) Any other tax authorized by Government.
Part III
Taxes of Urban Councils
Municipal Committees, Municipal Corporations and Metropolitan
Corporation
(1) Tax on the annual rental value of buildings and land;
(2) Tax on cinemas and cinema tickets;
(3) Entertainment tax on dramatical and theatrical show;
(4) Tax on the transfer of immovable property;
(5) Water rate;
(6) Drainage rate;
(7) Conservancy rate;
(8) Tax on all kinds of vehicles;
(9) Lighting rate;
(10) Tax on the birth of children;
(11) Fee for the erection and re-erection of buildings;
(12) Marriage tax;
(13) Fee for licenses, sanctions and permits granted by the Union Council;
(14) Fees on the slaughter of animals;
(15) Tax on professions, trade, callings and employment;
(16) Market fees for markets established by the respective Urban Council;
(17) Fee on advertisement and billboards, other than on radio, print media and
television;
(18) Tax on feasts when more than twenty persons, not belonging to the household
of the persons arranging the feast are entertained with foodstuffs;
(19) Tax on the annuals and sale of animals;
(20) Toll tax on roads, bridges and ferries maintained by an Urban Council;
(21) Fees at fairs, agricultural shows, industrial exhibitions, tournaments and other
public gathering;
(22) Fees for specific services rendered by an Union Council;
(23) Tax for the construction or maintenance of any work of public utility;
(24) Parking fees; and
(25) Any other tax authorized by Government.
THE THIRD SCHEDULE
OFFENCES SUNDER THE ACT
(See Section133)
Part– I
(1) Contravention of the prohibition provided under the Act with regard to the
development of sites and erection and re-erection of buildings within the
urban area.
(2) Keeping or maintaining an cattle in any part of a prohibited zone or failure to
remove the cattle from the prohibited zone within the specified time when
an order to this effect has been made.
(3) Carrying of any dangerous or offensive trade or storing any offensive or
dangerous articles without the sanction required under this Act.
(4) Tampering with any road, drain, pavement, main, pipe, meter or any apparatus
or appliance for the supply of water.
(5) Exhibiting any obscene advertisement.
(6) Stocking or collecting of timber, wood, dry grass, straw or other inflammable
material in a manner which is declared by the Local Council to be
dangerous.
(7) Discharge fire-arms or letting off fire works, crackers fire balloons or
detonators or engaging in any game in such manner as causes or is likely to
cause danger to persons passing by or living or working in neighborhood, or
risk or injury to property.
(8) Willfully obstructing any officer or servant of a Local Council or any person
authorized by the Local Council in the exercise of powers conferred by or
under this Act.
(9) Fixing of wooden Khokhas, plying of hand carts for the sale of goods and
temporary shops or permanent shops or extension thereof on footpaths or
beyond the street line.
(10) Opposing forcible seizure of animals under this Act or recuing the seized
animals either from the pound or from any person taking them to a pound.
(11) Erection or re-erection of a building without the sanction required under this
Act or using for a purpose other than for which erection or re-erection was
sanctioned.
(12) Erection or re-erection or addition to or altering any building or buildings
within the area of the scheme respecting which notice under section 92 has
been notified, except with the permission of the Town Improvement
Committee.
(13) Dyeing or tanning skins within such distance of the residential area as may be
specified by the Local Council.
(14) Establishing a brick kiln, lime kiln, charcoal kiln, or pottery within such
distance of the residential area as may be specified by the Local Council.
(15) Failure to demolish or otherwise secure a building declared by the Local
Council to be dangerous building.
(16) Failure to industrial or commercial concerns to provided adequate and safe
disposal of affluent.
(17) Erection or re-erection, addition or alteration of any building or buildings
within the area of the scheme included in the Site Development Schemes
prepared by and sanctioned at the instance of Town Improvement
Committee.
(18) Failure by the owner or occupier of any land to clear away and remove any
thick vegetation or under-growth declared by a Local Council to be
injurious to health or offensive to the neighborhood.
(19) Quarrying, blasting, cutting timber or carrying building operations in such
manner as causes or is likely to cause danger to persons passing by or living
or working in the neighborhood.
(20) Being an officer or servant declared by the Local Council to be an essential
officer or servant to be absent from duty or to neglect or refuse to perform
any of the duties or to perform them willfully inefficient manner.
(21) Violation of the prohibitions and other provisions provided in the Master Plan,
and the sanctioned and un-sanctioned Site Development Scheme under this
Act.
(22) Cutting down of any tree, or cutting of a branch of any tree, or crection of
demolition of any building, or a part of a building where such action is
declared under this Act to be a cause of danger or annoyance to public.
Part II
1. Without the permission of the Local Council, causing or knowingly or
negligently allowing the contents of any sink, sewer or cesspool or any
other offensive matter to flow, or drain to be put upon any street, or public
place, or into any irrigation channel or any sewer or drain not set apart for
the purpose.
2. Laying out a drain or altering any drain in a street without the sanction
required under this Act.
3. Connecting any house drain with a drain in public street without the
permission required under this Act.
4. Using water for drinking from any source which is suspected to be dangerous
to public health and the use thereof has been prohibited by the Local
Council.
5. Excavation of earth, stone or any other material with in such distance of the
residential area as specified by the Local Council.
6. Disposing of carcasses of animals within prohibited distance and removal of
fat from a dead animal other than a slaughtered animal.
7. Slaughtering of animals for the sale of meat at a place other than the place set
apart for the purpose.
8. Burning or burning a dead body at a place which is not a public or registered
burial or burning place, except with the sanction of the Local Council.
9. Evasion of payment of a tax or other impost lawfully levied by a Local
Council.
10. Failure to furnish, on requisition, information in respect of any matter which
a Local Council is authorized to call for under any of the provisions of this
Act, rules or bye-laws or furnishing wrong information.
11. Doing an act without licence or permission when the doing of such act requires
a licence or permission under any of the provisions of this Act or the rules
or bye-laws.
12. Picking, parking animals or collecting carts or vehicles on any street, using any
street as a halting place for vehicles or animals or as a place of encampment
without the permission of the Local Council.
13. Causing or permitting animals to stray or keeping, tethering, stalling, feeding
or grazing any cattle on any road, street or thoroughfare or in any public
place or damaging or causing or permitting to be damaged any road, street
or thoroughfare by allowing cattle to move thereon.
14. Throwing or placing any refuse on any street, or in any place, not provided or
appointed for the purpose by a Local Council.
15. Doing any act by which water for drinking is rendered unfit for such use.
16. Watering cattle or animals, or bathing or washing at or near a well or other
source of drinking water for the public.
17. Steeping hemp, jute or any other plant in or near a pond or any other
excavation within such distance of the residential area as may be specified
by a Local Council.
18. Willfully or negligently injuring or suffering to be injured, wells, reservoirs
mains, pipes or other appliances for the supply of water under the
management or control of a Local Council.
19. Drawing off, diverting or taking any water except with the permission required
under this Act.
20. Failure or provide, close, remove, alter, repair, clean, disinfect or put in proper
order any latrine, urinal, drain, cesspool or other receptacle for filth, sullage,
water or refuse when so required by a Local Council.
21. Failure by the owner or occupier of any land to cut or trim, the hedges growing
thereon which overhang any well, tank or other source from which water is
derived for public use.
22. Cultivation of such crops, muse of such manure, or irrigation of any land in
such manner as is declared under this Act to be injurious to public health or
offensive to the neighborhood.
23. Failure by the owner or occupier of any land or building to clean, repair, cover,
fill up or drain off any private well, tank or other source of water-supply,
which is declared under this Act to be injurious to health or offensive to the
neighborhood.
24. Failure of an owner or occupier of any building or land to put up and keep in
good condition troughs and pipes for receiving or carrying water or sullage
water.
25. Sale of article of food or drink by a person suffering from any infectious
disease.
26. Feeding or allowing to be fed any animal meant for dairy, or food purposes on
deleterious substance, filth or refuse of any kind.
27. Defacing or disturbing any direction-post, lamp-post or lamp, or extinguishing
any light arranged by a Local Council without due authority.
28. Fixing any bill board, notice, placard or other paper or means of advertisement
against or upon any building or place other than the places fixed for the
purpose by a local Council.
29. Writing or painting any objectionable, abusive, provocative, anti-State or such
other slogans or words on a building.
30. Failure to remove or erase bills, notices, placards, papers, writing of paintings
referred to in items 28 and 29 by the owner or occupier of the buildings.
31. Playing of music or radio, beating a drum or tomtom, blowing a horn or
trumpet or beating or sounding any brass or other instrument or utensil in
contravention of any general or special prohibition issued by a Local
Council.
32. Letting loose or setting in of ferocious dogs or other dangerous animals.
33. Using or allowing the use for human habitation of a building declared by a
Local Council to be unfit for human habitation.
34. Failure to lime-wash or repair a building if so required by a Local Council.
35. Failure by the owner or occupier of a building to make adequate arrangements
for house scavenging when so required by a Local Council.
36. Begging importunately for alms or exposing or exhibiting with the object of
exciting charity, any deformity or disease or any offensive sore or wound.
37. Failure of the head of family to report the birth or death to a Local Council or a
person appointed in this behalf within a reasonable time.
38. Any owner or keeper of an animal who through neglect or otherwise damages
or causes or permits to be damaged any land or crop or produce of land, or
any public road, by allowing such animals to trespass thereon.
39. Doing of any other act which is prescribed as an offence under this Act.
40. Contravening any of the provisions of this Act, rules or bye-laws, or any order,
direction, notice or declaration made or issued thereunder.
41. Attempts and abetment of any of the offences as aforesaid.
THE FOURTH SCHEDULE
(See Section 142)
MATTERS RESPECTING WHICH BYE-LAWS MAY BE MADE
(1) Registration of births, deaths and marriages.
(2) Registration of the sale of cattle and animals.
(3) Registration, management, regulation of orphanages, widow homes and other
institutions for the relief of the poor.
(4) Organization of village defence, and adaptation of measures for village
defence.
(5) Regulation and management of Shamilats and other common property.
(6) Regulation of burning and burial grounds.
(7) Regulation of the slaughter houses.
(8) Detention and destruction of stray dogs.
(9) Enforcement of disease immunization programmes and control of infectious
diseases.
(10) Prevention of adulteration of food staffs.
(11) Regulation of milk supply.
(12) Regulation of stables.
(13) Prevention of encroachments.
(14) Prevention of abatement of nuisances.
(15) Regulation of dangerous buildings and structures and erection and re-erection
of buildings.
(16) Regulation of dangerous and offensive trades.
(17) Management and regulation of cattle ponds.
(18) Regulation of traffic.
(19) The holding & celebration of public and private fairs, festivals, tournaments
and other public gatherings.
(20) Enforcement of compulsory primary education.
(21) Prevention of beggary, juvenile delinquency, prostitution and other social
evils.
(22) Regulation for grant of licences, sanctions, levy of licences fee and permission
thereof.
(23) Regulation of public notices, special notices and other notices and manner for
services of the notices.
(24) The provision, promotion, or subsidization of facilities for public recreation,
entertainment, amusement and other cultural activities.
(25) Regulation of sanitation.
(26) Regulation of Parks.
(27) Regulation of fire-fighting.
(28) Regulation of water supply.
(29) Regulation of construction and maintenance of private drain.
(30) The Regulation for the use of public water courses.
THE FIFTH SCHEDULE
(See Section 78)
1. URBAN COUNCILS
COMPULSORY FUNCTIONS
An Urban Council may and if the Government so directs shall undertake all or
any of the functions as follows:-
a. Public Health
1. Maintenance of sanitation.
2. Removal, collection and disposal of refuse.
3. Provision and maintenance of private and public latrines and urinals.
4. Prevention and cure of infectious disease.
5. Registration of Births and Deaths.
6. Reservation places for digging pits for storing and preservation of
composite and farm yard manure.
b. Water supply
7. Regulate water supply.
8. Regulate, inspection and control of private sources of water supply
within Municipal limits.
c. Drains.
9. Regulate private drainage and sewerage and for commercial and
industrial area (s) for the adequate drainage and disposal of their
waste.
d. Articles of Food and Drinks
10. Regulate private markets established for the sale of articles of food
or drink or animals.
11. Provision and maintenance of slaughter house.
e. Animals and Cattle
12. Prohibition on picketing or tethering of animals in streets.
13. Regulate keeping and maintaining animals.
14. Control over dangerous animals.
15. Regulate disposal of carcasses.
f. Education
16. To establish, maintain and manage for promotion of education such
educational institutions as may be required and approved by the
Government.
17. Enforcement of compulsory primary education.
g. Public Safety
18. Maintenance of Fire-fighting.
19. Civil Defence.
20. Relief measures in the event of fire, flood, famine, hail storm or
other natural calamities.
21. Control over dangerous and offensive trades.
h. Town Planning
22. Master planning for development expansion and improvement of
any area.
i. Building Control
23. Regulate erection and re-erection of buildings.
24. Regulate construction for buildings and development of sites.
j. Streets
25. Provision and maintenance of public streets and other means of
public communication.
26. Regulation of private streets.
27. Measures for the prevention of encroachments.
28. Proper lighting of streets and roads.
29. To adopt measures for the watering of public streets for the comfort
and convenience of public.
30. Regulation of traffic and public vehicles.
K. Arboriculture
31. Plantation and protection of trees.
OPTIONAL FUNCTIONS
a. Public Health
1. To establish, maintain or manage or contribute towards the health
centres, maternity centres for the welfare of women, infants and
children.
2. The measures for promoting the public health.
3. To establish, maintain and manage hospitals and dispensaries as may
be necessary.
4. Provision, maintenance and management of―
(a) first aid centres;
(b) mobile medical aid units;
(c) grants to institutions for medical relief;
(d) the medical inspection of school children; and
(e) the encouragement of societies for the provision of medical
aid.
5. Preparation and implementation of schemes for the prevention of the
pollution of air, water, land gases, dust or other substances
exhausted or emitted by automobiles, engines, factories, brick or
lime kiln, crushing machines for grain, stone, salt or other materials
and such other sources of air pollution.
b. Dhobi Ghats.
6. Regulate, provide and maintain bathing and washing places;
7. Maintain and provision, maintenance and management of public
fisheries.
c. Articles of Food and Drinks
8. Through bye-laws:
(a) prohibit the manufacture, sale or preparation or the exposure
for sale of any specified articles of food or drink in any place
or premises not licensed by the Municipal Committee.
(b) Prohibit the import into the Municipality for sale or the
hawking for sale, of any specified article of food or drink by
person not so licenced.
(c) Prohibit the hawking of specified articles of food or drink in
such parts of the Municipality as may be specified.
(d) regulate the time and manner of transport within the
Municipality of any specified articles of food or drink.
(e) regulate the grant and withdrawal of license under this
section and the levying of the fees thereon; or
(f) provide for the seizure and disposal of any animals, poultry
or fish intended for food which diseased or any articles of
food or drink which is noxious.
9. Regulate import of milk for sale, manufacture of butter, ghee, or any
other milch, or dairy product and milk supply scheme including
milkmen’s colonies, the prohibition of the keeping of milch cattle in
the municipal area or any part thereof.
10. Measures, as may be necessary to ensure an adequate supply of pure
milk to the public.
11. Establishment and maintenance of public markets.
d. Animal Husbandry
12. Prevention of contagious disease amongst animals and compulsory
inoculation of animals.
13. Maintenance and management of animal homes.
14. Maintenance and management of cattle and poultry farms.
15. Registration of sale of cattle.
16. Frame and execute a livestock scheme, and to regulate, keeping of
such animals unless castrated to be fit for breeding.
17. Holding of cattle shows and fairs.
18. Contribution towards the maintenance of Zoological gardens.
19. Natural calamities.
20. Provision and maintenance of burial and burning places.
e. Trees, Parks, Gardens and Forests
21. Maintenance of public gardens for the recreation and convenience of
the public.
22. Provision and maintenance of open spaces, as may be necessary, for
the convenience of the public and such spaces shall be grassed,
hedged, planted and equipped with such amenities, in the prescribed
manner.
23. Prevention of nuisances pertaining to tress and plantations.
f. Education
24. Promotion of adult education.
25. Construct and maintain buildings to be used for schools and hostels
for students.
g. Culture
26. Maintenance of information centres for the furtherance of civic
education and dissemination of information on matters of
community development and other public interest.
27. Maintenance of radio and television sets at public institutions and
places of public interest.
28. Organize museums, exhibitions and arts galleries.
29. Provision and maintenance public halls and community centres.
30 Provide for the reception of distinguished visitors visiting the
Municipal Committees.
31. Encouragement of national and regional languages.
32. Promote physical culture and encouragement of public games and
sports and organize rallies and tournaments.
33. Promote tours to the Municipal Committees and adopt measures for
the preservation of the historical and indigenous characteristics of
the Municipal Committees.
34. Provide, promote or subsidies facilities for the recreation of the
public.
35. To establish and maintain public libraries, reading rooms and the
circulation libraries.
36. Arrangements on the occasion of any fairs, shows, or public
festivals.
h. Social Welfare
37. To establish, manage and maintain welfare homes and other
institutions for the relief of distressed.
38. Provide for the burial land burning of paupers found dead within
municipal limits.
39. Prevention of beggary, prostitution, gambling, taking of injurious
drags and consumption of alcoholic liquor, juvenile delinquency and
social evils.
40. Organize voluntary services.
41. To adopt such measures as may be prescribed for the promotion of
welfare of backward classes, families of the persons serving in
Armed Forces and Women and children.
42. Assistance to Social Welfare Organization.
i. Municipal Police
43. Maintenance of municipal police.
j. Additional Functions
Nothing contained in this schedule shall preclude a municipal committee to
perform such functions as may be assigned to it by or under any other law
or by the Government.
II. RURAL COUNCILS
A. Function of Union Councils
1. The Union Council may and if the District Council or the
Government so direct shall perform all or any of the functions enumerated at
'a', 'b', 'c', 'd', 'e', 'f' and 'l', of the Fifth Schedule showing functions of District
Council; and
2. Under Rural Development
(i) To formulate ADP and act as construction and
maintenance agency; following sub-sector:-
Primary Education, Rural health clinics, family welfare
clinics, Basic health units, piped water supply, potable
water storage tanks, Handpumps wells and Tube wells.
Karez.
Sanitation
Farm to market road.
Note:- In pursuance of the above, the Union Council
shall be responsible for site selection, project
preparation, land acquisition where necessary,
construction and maintenance of new buildings as well
as the maintenance of already completed projects.
(ii) Monitor the, implementation of development projects of
the line departments by regular review meetings,
inspections and review of periodical progress reports;
(iii) Make recommendations about the location of various
facilities to the District Council;
(iv) Identify gaps in various sectors in the Union Council
areas and to take steps to remove, these gaps with the
available resources in accordance with the priorities laid
down by District Council;
(v) Circulate widely the information on the projects,
allocations and physical programmes to be executed by
various line departments and the Union Council within
the Union Council area to enlist the voluntary financial
and material support to the local development
programmes and to stimulate better community
supervision.
B. Functions of District Councils
Local Government Rural Development and Local Council function:- A District
Council may and if the Government so directs shall undertake all or any of
the following functions:
a. Public Works
(1) provision, maintenance, improvement and management of its public
roads, public streets and public ways, culverts bridges, public
buildings, wells, water pumps, tanks, ponds and other works of
water supply;
(2) provision, maintenance and management sarais, dak bungalows, rest
houses and other buildings for the convenience of travelers
(3) plantation and preservation of trees on road sides, public ways,
public places and public buildings;
(4) provision and maintenance of public garden, public playgrounds and
public places.
b. Public Health
(5) prevention and cure of infectious diseases and enforcement of
vaccination;
(6) establishment, maintenance and management of hospitals and rural
health centres;
(7) establishment, maintenance and management of First Aid Centres;
(8) provision and maintenance of Medical Aid Units;
(9) establishment and management and visiting of health centres,
maternity centres, and centres for the welfare of infants and children,
training of Dais and adoption of other measures likely to promote
health and welfare of women, infant and children;
(10) payment of grants to medical aid societies and institutions;
(11) establishment, management and maintenance and the visiting of
Unani, Ayurvedic and Homoeopathic dispensaries; and
(12) promotion of sanitation, public health and educating people in public
health.
c. Education
(13) provision, maintenance and management of primary Schools;
(14) construction and maintenance of building as hostels of students;
(15) payment of grants and subsidies to institutions and organizations
engaged in the promotion of education;
(16) promotion of adult education;
d. Agricultural Development and Economic Welfare
(17) agricultural, industrial and community development promotion of
national reconstruction, promotion and development of co-operative
movement and village industry;
(18) adoption of measures for increased agricultural production;
(19) establishment and maintenance of model agricultural farms;
(20) popularization of improved methods of agriculture, maintenance of
improved agricultural implements machinery and lending of such
implements and machinery to cultivators and adoption of measures
for
(21) promotion of agricultural credit, agricultural education and adoption
of other measures likely to promote agricultural development;
(22) promotion and co-ordination with Agrovilles;
(23) provision, regulation and maintenance of markets;
(24) popularization of co-operative movement and the promotion of
education in co-ordination.
(25) construction and repair of embankment supply, storage and control
of water for agricultural purposes; and
(26) promotion of cottage industry;
e. Articles of Food and Drink
(27) protection of food stuff and prevention of adulteration.
f. Drainage
(28) provision and maintenance of adequate system of public drains and
regulation of the disposal of industrial wastes
g. Livestock and Dairy Development
(29) voluntary registration of the sale of cattle and other animals;
(30) prevention of cruelty to animals and measures to combat ordinary
and contagious disease of birds and animals;
(31) provision, maintenance and improvement of pastures and grazing
grounds;
(32) regulation of milk supply;
(33) establishment and maintenance of cattle colonies;
h. Culture
(34) holding of fairs and shows;
(35) promotion of public games and sports;
(36) provisions, organization and maintenance of museums, exhibitions
and art galleries;
(37) provision and maintenance of public halls, public meeting places and
community centres;
(38) celebration of national occasions;
(39) establishment management and maintenance of welfare Homes and
other institutions for the relief of the destitutes.
(40) suppression of beggary, prostitution, gambling, taking of injurious
drugs, consumption of alcoholic drink and other social evils;
(41) establishment and maintenance of information Centres;
(42) encouragement of national and regional languages; and
(43) reception of distinguished visitors.
i. Public Safety
(44) Relief measures in the event of any fire, flood, hail storm, earth
quake, famine and other natural calamities.
j. Other Functions
(45) provision and maintenance of libraries and reading rooms;
(46) prevention and abatement of nuisance and encroachment; and
(47) regulation of traffic, licensing of vehicles and the establishment and
maintenance of public stands for vehicles in Rural areas.
k. Rural Development
(48) Aggregation of the financial allocation and physical programmes
and targets received from the Provincial Government in different
sectors and to draw up a District Development Programme. In this
work the Council will take into account Federal Projects, their
allocations and the physical targets falling in or benefiting the
districts (Generally the organization may develop and take on
complete planning functions).
(49) To proposal submit, if necessary, to the Local Government and
Rural Development Department for modifications in the aggregate
District programmes after identifying the (a) gaps, (b) internal
inconsistence (c) compatibility of the programme with capacity
available in the District implementation, maintenance and
supervision and (d) evaluating it in the light of local priorities;
(50) To facilitate the formation of associations for the performance of
tasks that can be done/performed collectively, for example,
consumer association for distribution of electricity, farmers
association for water courses management, associations for
distribution of agriculture inputs, cooperative marketing
associations, etc
(51) To discharge the overall responsibility for the identification
appraisal of projects and approval of projects prepared and to be
constructed by Rural Local Councils in the following sub-sectors:-
Primary schools, Basic health units, Family welfare clinics, piped
water supply, potable water/storage tanks, Hand pumps /Sanitation,
Rural roads.
(52) To propose disbursement of ADP funds for the approved projects to
various Local Councils mentioned in (51) above inclusive of
Municipal Committees if necessary;
(53) To take appropriate measures for the development of skills, crafts
and cottage industries, Development of skills would include
promotion of industrial homes, domestic and cottage level crafts and
trades, modest repairs of agricultural and other machinery, training
of un-skilled labour etc;
(54) To review the implementation of the District Development
programmes (as an extension of the function of Government and as
their agent) by holding review meetings within the District as well as
through periodic inspections and progress reports from the lower
tiers etc;
(55) To supervise and submit to the Government regular progress reports
on the implementation of Development projects at different levels
within the District;
(56) To evolve standard designs and specifications to the extent possible
and desirable in harmony with the general conditions obtaining in
the District and use appropriate technology to execute its
development projects on a more economic basis;
(57) To monitor the supply of agricultural inputs and to make appropriate
recommendations to the concerned authorities;
(58) To formulate Tehsil Markaz development programmes derived from
the District Development programmes in consultation with the
respective Local Councils in Tehsil and to review periodically its
implementation;
(59) Disseminate information about the projects and allocations of funds
for the District to keep the people fully informed about the projects
for the District Development Programmes throughout the District to
keep the people fully informed about the projects to be executed in
the district. This will not only mobilize the interest of the people in
the development work, for the District but also make them more
watchful about the use of development funds by the better
community supervision;
(60) Improvement of breeding of cattle, horses and other animals;
(61) Establishment and maintenance of cattle colonies;
(62) Establishment and maintenance of Cattle and dairies;
(63) Initiation, promotion, undertaking individually or on co-operative
basis of commercial schemes, like the establishment of cattle,
poultry, fish and agricultural farms, installation of wells/tube wells
construction of tanks for the storage of irrigation water,
establishment of workshops for manufacture and repair of
agricultural implements and machinery, provision and maintenance
of transportation services construction of shops, establishment of
markets and other commercial enterprises for which funds are
available.
l. Through Bye-Laws Regulate
(1) the collection and removal of manure and street sweepings;
(2) disposal of industrial waste;
(3) offensive and dangerous trades;
(4) disposal of carcases;
(5) slaughter of animals;
(6) erection and re-erection of buildings;
(7) removal of dangerous buildings and structures;
(8) prohibition of watering of cattle, bathing or washing near wells,
ponds and other sources of water reserved for drinking purposes
(9) prohibition of steeping of hemp or other plants in or near ponds or
other sources of water supply;
(10) prohibition of dyeing or tanning of skins within residential areas;
(11) prohibition of the establishment of brick kilns, lime kilns, potteries
and other kilns within the residential areas;
(12) destruction of weeds and pests of crops;
(13) preservation of useful wildlife;
(14) registration of birth, death and marriage;
(15) registration of sale of cattle and other animals.
_______
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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