The Punjab Local Government Amendment Ordinance 2005

8/3/2019 The Punjab Local Government Amendment Ordinance 2005

1/64

GOVERNMENT OF THE PUNJAB

LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT

NOTIFICATION

6th June, 2005

No.Legis.13-17/2005. The following Ordinance promulgated by the Governor of thePunjab is hereby published for general information:

THE PUNJAB LOCAL GOVERNMENT (AMENDMENT) ORDINANCE, 2005

PUNJAB ORDINANCE NO. III OF 2005

ANORDINANCE

further to amend the Punjab Local Government Ordinance, 2001

Whereas it is expedient further to amend the Punjab Local GovernmentOrdinance, 2001 (XIII of 2001), for the purposes hereinafter appearing;

And whereas the President of Pakistan has, in consultation with PrimeMinister, accorded sanction to the amendments in the Punjab Local GovernmentOrdinance, 2001, in terms of clause (2) of Article 268 of the Constitution;

And whereas the Provincial Assembly is not in session and the Governor issatisfied that the circumstances exist which render it necessary to take immediateaction;

Now, therefore, in exercise of the powers conferred by clause (1) of Article128 of the Constitution of the Islamic Republic of Pakistan, the Governor of theProvince of Punjab is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement.- (1) This Ordinance may be called thePunjab Local Government (Amendment) Ordinance, 2005.

(2) It shall come into force at once.

2. Amendment of section 1 of Ordinance XIII of 2001.- In the Punjab LocalGovernment Ordinance, 2001 (Ordinance No. XIII of 2001), hereinafter referred to asthe said Ordinance, in section 1, in sub-section (2),-

(a) after brackets, letters, word, figure and comma (II of 1924), the words,


2/64

2

commas, figures, brackets and letters or the Cantonments Ordinance,2002 (CXXXVIII of 2002), shall be inserted; and

(b) for the word under the said Act the word thereunder shall besubstituted.

3. Amendment of section 2 of Ordinance XIII of 2001.- In the said Ordinance,in section 2,-

(a) clause (xii) shall be omitted;

(b) after clause (xx), the following new clause shall be inserted, namely:-

(xx-a) misconduct means transgression of prescribed Code ofConduct or dereliction from duty or deliberate unlawfulbehaviour or violation of law or rules or lawful directions ororders of Government and includes-

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

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

(c) making or managing appointment, promotion or transferof an officer or official in violation of law or rules or forextraneous consideration;; and

(c) in clause (xli), for the words, comma, figures, brackets and lettersIndustrial Relations Ordinance, 1969 (XXIII of 1969) the words,comma, figures, brackets and letters Industrial Relations Ordinance,

2002 (XCI of 2002) shall be substituted.

4. Amendment of section 8 of Ordinance XIII of 2001.- In the said Ordinance,in section 8, the existing provision shall be re-numbered as sub-section (1) of thatsection and thereafter the following new sub-section shall be added, namely:-

(2) For the purpose of creation of a city district, the Unions in thedistrict affected by such creation may be delimited in accordance with section6:

Provided that in all other districts section 11 of this Ordinance shallapply..

5. Amendment of section 12 of Ordinance XIII of 2001.- In the saidOrdinance, in section 12, in sub-section (3), after the words Union Administration,the words and the functions of Tehsil Council shall be performed by the UnionCouncil shall be added.

6. Amendment of section 14 of Ordinance XIII of 2001.- In the saidOrdinance, in section 14, after sub-section (3), the following new sub-section shall be


3/64

3

added, namely:-

(4) The Zila Nazim shall nominate a Deputy District Officer at Tehsillevel for the purpose of liaison between the offices of DistrictGovernment, Provincial Government, Federal Government and otherlocal governments for emergencies, natural calamities and

extraordinary situations..

7. Amendment of section 18 of Ordinance XIII of 2001.- In the saidOrdinance, in section 18, in sub-section (1), in clause (p), the word to shall beomitted.

8. Amendment of section 22 of Ordinance XIII of 2001.- In the saidOrdinance, in section 22, in sub-section (1),-

(a) the words or suspension shall be omitted;

(b) for the word appointed the word elected shall be substituted; and

(c) for the proviso the following shall be substituted, namely:-

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

Provided further that the officiating Zila Nazim shall not be acandidate in the election for Zila Nazim..

9. Omission of section 23 of Ordinance XIII of 2001.- In the said Ordinance,section 23 shall be omitted.

10. Amendment of section 24 of Ordinance XIII of 2001.- In the saidOrdinance, in section 24,-

(a) in the marginal note, for the words Internal recall the word Recallshall be substituted;

(b) for sub-section (4) the following shall be substituted, namely:-

(4) Where the motion referred to in sub-section (1) isapproved by two-third majority of the votes of the totalmembership of the Council, through a secret ballot to beconducted by the Returning Officer nominated by the ChiefElection Commissioner, the Zila Nazim shall cease to hold officeforthwith and the notification shall be issued in this behalf by theChief Election Commissioner accordingly.;


4/64

4

(c) sub-section (5) shall be omitted;

(d) in sub-section (6), for the words Union Nazims and members of ZilaCouncil the words and comma members of the Zila Council andUnion Nazim, if any one of them is also a Union Nazim shall besubstituted;

(e) in sub-section (7), for the brackets and figure (5) the brackets andfigure (1) shall be substituted;

(f) in sub-section (8), for the colon at the end a full stop shall besubstituted and thereafter the proviso shall be omitted; and

(g) after sub-section (8), amended as aforesaid, the Explanation shall beomitted.

11. Substitution of section 25 of Ordinance XIII of 2001.- In the saidOrdinance, for section 25 the following shall be substituted, namely:-

25. Setting aside the order of Zila Nazim by the Chief Executive of theProvince.- (1) Where, in the opinion of the Chief Executive of the Province,an order or decision of the Zila Nazim is not in conformity with law or isagainst the interest of the people, he may, for the reasons to be recorded andconveyed to the Nazim, suspend such order or, as the case may be, decisionand refer the matter to the Provincial Local Government Commission for anenquiry to be completed not later than ninety days:

Provided that the Zila Nazim shall be given an opportunity of beingheard by the Provincial Local Government Commission before makingrecommendation to the Chief Executive of the Province.

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

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

(3) The quashment of an order or decision referred to in sub-section

(2) shall be notified by the Government in the official Gazette..


(a) after the marginal note, full stop and hyphen, the brackets and figure(1) shall be inserted; and

(b) in sub-section (2), for clause (f) the following shall be substituted,


5/64

5

namely:-

(f) call for information and reports from local governments in thedistrict as required by the Provincial Government or DistrictGovernment through the Tehsil Municipal Officer;.


(a) in sub-section (2),-

(i) for the word all the word such shall be substituted; and

(ii) after the word Schedule, the words as may be prescribedshall be added;

(b) in sub-section (4),-

(i) for the word shall the word may shall be substituted; and

(ii) the words within seven days and the Government may refer thematter to the Provincial Local Government Commission shall beomitted; and

(c) sub-section (5) shall be omitted.

14. Insertion of new sections 30A and 30B of Ordinance XIII of 2001.- In thesaid Ordinance, after section 30, the following new sections shall be inserted,namely:-

30A. Disciplinary powers of Nazims and Naib Nazims.- The Nazims andNaib Nazims shall be empowered to take disciplinary action against localgovernment functionaries of their respective establishments and shall beresponsible to the Government for effective implementation of all efficiencyand disciplinary rules as prescribed not later than the 31st December, 2005.

30B. District Officer (Revenue) to act as Collector.- The District Officer(Revenue) shall act and perform the functions of Collector under theprovisions of sections 54, 68, 70(2), 71, 72, 92, 93, rule 18 of Order XXI,Order XL and similar other provisions of the Code of Civil Procedure, 1908

(Act V of 1908)..

15. Amendment of section 34 of Ordinance XIII of 2001.- In the saidOrdinance, in section 34, clause (b) shall be omitted.

16. Amendment of section 38 of Ordinance XIII of 2001.- In the saidOrdinance, in section 38, after the word allocation, the words with its Secretary asDrawing and Disbursing Officer and Naib Zila Nazim as the Principal AccountingOfficer shall be added.


6/64

6


(a) in clause (o), for the brackets and figure (11) the brackets and figure(8) shall be substituted; and

(b) in clause (q), for the second proviso the following shall be substituted,namely:-

Provided further that the Government shall accord approvalwithin sixty days of receipt of proposals from a Zila Council failingwhich it shall be deemed to have been approved..

18. Amendment of section 40 of Ordinance XIII of 2001.- In the saidOrdinance, in section 40, in clause (d), the words beaches and sea sides shall beomitted.


(a) in sub-section (3), for the full stop at the end a colon shall besubstituted and thereafter the following proviso shall be added,namely:-

Provided that the member presiding the meeting shall not voteexcept in the case of equality of votes.;


(4) In the first meeting of the Council to be convened andpresided over by the Returning Officer nominated by the Chief ElectionCommissioner, the members of the Zila Council shall elect fromamongst themselves a Naib Zila Nazim securing majority votes of totalmembership of the Council through a secret ballot.

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

(c) for sub-section (5) the following shall be substituted, namely:-

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


7/64

7


45. Setting aside the resolution of Zila Council by the Chief Executiveof the Province.- (1) Where, in the opinion of the Chief Executive of the

Province, a resolution of Zila Council is not in conformity with law or is againstthe interest of the people, he may, for the reasons to be recorded andconveyed to the Council, suspend such resolution and refer the matter to theProvincial Local Government Commission for an enquiry to be completed notlater than ninety days.

(2) On receipt of report of the enquiry conducted by the ProvincialLocal Government Commission, the Chief Executive of the Province may takesuch action as deemed expedient in the light of such report, includingquashment of the resolution of the Zila Council:

Provided that, if no action is taken within ninety days of suspension of

the resolution of the Zila Council, such resolution shall stand restored.

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


(a) in the marginal note, for the words Recall of a the words Noconfidence motion against shall be substituted;


(i) after the words other reason, the words he has lostconfidence of the Council shall be added; and

(ii) for the word recall the word removal shall be substituted;


(4) Where the motion referred to in sub-section (1) isapproved by majority votes of the total membership of the Council,through a secret ballot, the Naib Zila Nazim shall cease to hold office

forthwith and the notification shall be issued in this behalf by the ChiefElection Commissioner accordingly.;

(d) for sub-section (5) the following shall be substituted, namely:-

(5) Where the Naib Zila Nazim is removed under sub-section(4), the Council shall elect a new Naib Zila Nazim within a period notlater than ten days in the manner specified in sub-section (4) of section42.;


8/64

8

(e) in sub-section (6), for the words Union Nazims and members of Zila

Council the words and comma members of the Zila Council andUnion Nazim, if any one of them is also a Union Nazim shall besubstituted; and

(f) in sub-section (7), for the words appear before the Zila Council andaddress it the words address the Zila Council shall be substituted.


(a) the brackets and figure (1) shall be omitted; and

(b) for the first proviso, the following shall be substituted, namely:-

Provided that, where the Naib Zila Nazim fails to convene themeeting for election of officiating Zila Nazim from amongst the

members of the Council within ten days, the Naib Zila Nazim shall beliable to misconduct, and the senior-most presiding officer shallconvene the meeting of the Council for such purpose..


(a) in sub-section (1), the brackets and figure (1) shall be omitted; and

(b) for the word Tehsil the word Town shall be substituted.

24. Insertion of new section 58B of Ordinance XIII of 2001.- In the saidOrdinance, after section 58A, the following new section shall be inserted, namely:-

58B. Performance evaluation of officers of tehsil.- The annualperformance report of the officers posted in the Tehsil MunicipalAdministration shall be initiated by-

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

officer:

Provided that the District Coordination Officer shall record in aseparate part of the Performance Evaluation Report his evaluationabout the Tehsil Municipal Officers ability to collect and compileinformation; and

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


9/64

9

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

25. Amendment of section 61 of Ordinance XIII of 2001.- In the saidOrdinance, in section 61, in sub-section (1), for the proviso the following shall besubstituted, namely:-

Provided that where the Naib Tehsil Nazim is absent or his office isvacant for any reason, the senior-most presiding officer in the panel electedunder sub-section (5) of section 69 shall act as Tehsil Nazim and the nextsenior-most presiding officer in the panel shall act as Naib Tehsil Nazim till theelection of officiating Tehsil Nazim under section 68 or Naib Tehsil Nazimresumes his functions or, as the case may be, a new Naib Tehsil Nazim iselected by the Tehsil Council under section 156:

Provided further that the officiating Tehsil Nazim shall not be acandidate in the election for Tehsil Nazim..

26. Omission of section 62 of Ordinance XIII of 2001.- In the said Ordinance,

section 62 shall be omitted.




(4) Where the motion referred to in sub-section (1) isapproved by two-third majority of the votes of the total membership ofthe Council, through a secret ballot to be conducted by the ReturningOfficer nominated by the Chief Election Commissioner, the TehsilNazim shall cease to hold office forthwith and the notification shall beissued in this behalf by the Chief Election Commissioner accordingly.;

(c) sub-section (5) shall be omitted;

(d) in sub-section (6), for the words Union Nazims and members of TehsilCouncil the words members of the Tehsil Council and Naib UnionNazim, if any one of them is also a Naib Union Nazim shall besubstituted; and

(e) in sub-section (8), for the colon at the end a full stop shall besubstituted and thereafter the proviso shall be omitted.

28. Insertion of new section 64A of Ordinance XIII of 2001.- In the saidOrdinance, after section 64, the following new section shall be inserted, namely:-

64A. Setting aside the order of Tehsil Nazim by the Chief Executive ofthe Province.- (1) Notwithstanding anything contained in section 64, where,


10/64

10

in the opinion of the Chief Executive of the Province, an order or decision ofthe Tehsil Nazim is not in conformity with law or is against the interest of thepeople, he may, for the reasons to be recorded and conveyed to the Nazim,suspend such order or, as the case may be, decision and refer the matter tothe Provincial Local Government Commission for an enquiry to be completednot later than ninety days:

Provided that the Tehsil Nazim shall be given an opportunity of beingheard by the Provincial Local Government Commission before makingrecommendation to the Chief Executive of the Province.

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

Provided that, if no action is taken within ninety days of the suspensionof the order or decision of the Tehsil Nazim, such order or, as the case may

be, decision shall stand restored.

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

29. Amendment of section 65 of Ordinance XIII of 2001.- In the saidOrdinance, in section 65, in sub-section (4), after the word allocations, the wordswith its Secretary as Drawing and Disbursing Officer and Naib Tehsil Nazim asPrincipal Accounting Officer shall be added.

30. Amendment of section 68 of Ordinance XIII of 2001.- In the saidOrdinance, the existing provision shall be renumbered as sub-section (1) of thatsection and thereafter the following new sub-section shall be added, namely:-

(2) Where the Naib Tehsil Nazim fails to convene the meeting forelection of Officiating Tehsil Nazim from amongst the members of theCouncil within ten days, the Naib Tehsil Nazim shall be liable tomisconduct, and the senior-most presiding officer shall convene themeeting of the Council for such purpose..



Provided that the member presiding the meeting shall not voteexcept in the case of equality of votes.;

(b) for sub-section (4) the following shall be substituted, namely:-(4) In the first meeting of the Council to be convened and


11/64

11

presided over by the Returning Officer nominated by the ChiefElection Commissioner, the members of the Tehsil Council shallelect from amongst themselves a Naib Tehsil Nazim securingmajority votes of total membership of the Council through asecret ballot.

(4A) The Naib Tehsil Nazim elected under sub-section (4)shall be the Convener of the Tehsil Council and shall preside itsmeetings and shall perform such other functions as areassigned to him by the Tehsil Nazim.; and

(c) for sub-section (5), the following shall be substituted, namely:-

(5) After the election of Naib Tehsil Nazim, the Tehsil Councilshall, in order of precedence elect a panel of not less than threemembers as presiding officers securing highest number of voteswho shall, in the absence of, or in case of the suspension of,Naib Tehsil Nazim, or where a no confidence motion has been

moved against him, convene and preside over the meetings ofthe Tehsil Council..

32. Insertion of new sections 70A and 70B of Ordinance XIII of 2001.- In thesaid Ordinance, after section 70, the following new sections shall be inserted, namely:-

70A. Setting aside the resolution of Tehsil Council.- (1) On a motioninitiated by the District Government, the Zila Council may, by a resolutionstating the grounds thereof, passed by a simple majority of its totalmembership, set aside a resolution of the Tehsil Council, if it considers thesame to be against the interest of the people or public policy.

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

70B. Setting aside the resolution of Tehsil Council by the ChiefExecutive of the Province.- (1) Where, in the opinion of the Chief Executiveof the Province, a resolution of Tehsil Council is not in conformity with law oris against the interest of the people, he may, for the reasons to be recordedand conveyed to the Tehsil Council, suspend such resolution and refer thematter to the Provincial Local Government Commission for an enquiry to becompleted not later than ninety days.

(2) On receipt of report of enquiry conducted by the Provincial Local

Government Commission, the Chief Executive of the Province may take suchaction as deemed expedient in the light of such report, including quashment ofthe resolution of the Tehsil Council:

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



12/64

12


(a) in the marginal note, for the words Recall of a the words Noconfidence motion against shall be substituted;


(i) after the words other reason, the words he has lostconfidence of the Council shall be added; and

(ii) for the word recall the word removal shall be substituted;


(4) Where the motion referred to in sub-section (1) is

approved by majority votes of the total membership of the Council,through a secret ballot, the Naib Tehsil Nazim shall cease to hold officeforthwith and the notification shall be issued in this behalf by the ChiefElection Commissioner.;

(d) for sub-section (5) the following shall be substituted, namely:-

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

(e) in sub-section (6), for the words Naib Union Nazims of respectiveUnion Councils and as members of Tehsil Council the words andcomma members of the Tehsil Council and Naib Union Nazim, if anyone of them is also a Naib Union Nazim shall be substituted; and

(f) in sub-section (7), for the words appear before the Tehsil Council andaddress it the words address the Tehsil Council shall be substituted.

34. Amendment of section 80 of Ordinance XIII of 2001.- In the saidOrdinance, in section 80, in clause (e), after the words Union Administration, thewords and shall record the annual Performance Evaluation Report of Union

Secretaries and such report shall be countersigned by the Tehsil Municipal Officershall be inserted.


82A. Setting aside the order of Union Nazim by the Chief Executive ofthe Province.- (1) Notwithstanding anything contained in section 82, where,in the opinion of the Chief Executive of the Province, an order or decision of


13/64

13

the Union Nazim is not in conformity with law or is against the interest of thepeople, he may, for the reasons to be recorded and conveyed to the Nazim,suspend such order or, as the case may be, decision and refer the matter tothe Provincial Local Government Commission for an enquiry to be completednot later than ninety days:

Provided that the Union Nazim shall be given an opportunity of beingheard by the Provincial Local Government Commission before makingrecommendation to the Chief Executive of the Province.

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

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

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





(4) Where the motion referred to in sub-section (1) isapproved by two-third majority of the votes of the totalmembership of the Union Council to be conducted by the ChiefElection Commissioner, through a secret ballot, the UnionNazim shall cease to hold office forthwith and the notificationshall be issued in this behalf by the Chief ElectionCommissioner.;

(c) sub-section (6) shall be omitted; and

(d) in sub-section (7), for the words appear before the Union Council andaddress it the words address the Union Council shall be substituted.

38. Amendment of section 87 of Ordinance XIII of 2001.- In the saidOrdinance, in section 87, in sub-section (1),-

(a) for the word twenty-one the word thirteen shall be substituted;


14/64

14

(b) in clause (a),-

(i) for the word twelve the word six shall be substituted; and

(ii) for the word four the word two shall be substituted;

(c) in clause (b), for the word six the word four shall be substituted; and

(d) for the proviso the following shall be substituted, namely:-

Provided that in a Union where the population of minorities is inexcess of ten percent of the total population of the Union, reservedseats for minority communities referred to in clause (c) shall beincreased by reallocating the seats specified in clauses (a) and (b) inthe manner prescribed by the Government..

39. Amendment of section 89 of Ordinance XIII of 2001.- In the said

Ordinance, in section 89,-


Provided that the member presiding the meeting shall not voteexcept in the case of equality of votes.; and

(b) in sub-section (7), for the word officer the word official shall besubstituted.

40. Insertion of new sections 89A and 89B of Ordinance XIII of 2001.- In thesaid Ordinance, after section 89, the following new sections shall be inserted,namely:-

89A. Setting aside the resolution of Union Council.- (1) On a motioninitiated by the Tehsil Municipal Administration, the Tehsil Council may, by aresolution stating the grounds thereof, passed by a simple majority of its totalmembership, set aside a resolution of the Union Council, if it considers thesame to be against the interest of the people or public policy.

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

89B. Setting aside the resolution of Union Council by the ChiefExecutive of the Province.- (1) Where, in the opinion of the Chief Executiveof the Province, a resolution of Union Council is not in conformity with law oris against the interest of the people, he may, for the reasons to be recordedand conveyed to the Union Council, suspend such resolution and refer thematter to the Provincial Local Government Commission for an enquiry to be


15/64

15

completed not later than ninety days.

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

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


41. Amendment of section 91 of Ordinance XIII of 2001.- In the saidOrdinance, in section 91, for the words Zila Nazim the words Naib Tehsil Nazimshall be substituted.


(a) for sub-section (4) the following shall be substituted, namely:-

(4) If the motion referred to in sub-section (1) is approved bytwo-third majority of the votes of its total membership, through a secretballot to be conducted by the Returning Officer nominated by the ChiefElection Commissioner, the Naib Union Nazim shall cease to holdoffice forthwith on approval of the motion by the Union Council.;

(b) in sub-section (6), for the words District Government the words ChiefElection Commissioner shall be substituted;

(c) in sub-section (7), for the words appear before the Union Council andaddress it the words address the Union Council shall be substituted;and

(d) after sub-section (8), the following new sub-section shall be added,namely:-

(9) Where the motion against Naib Union Nazim is approvedunder sub-section (4), the Union Nazim shall cause the election of

officiating Naib Union Nazim within ten days from the date of approvalof the motion..

43. Amendment of section 93 of Ordinance XIII of 2001.- In the saidOrdinance, in section 93, for the words and comma Within ninety days of theassumption of office, upon the word Upon shall be substituted.

44. Amendment of section 95 of Ordinance XIII of 2001.- In the saidOrdinance, in section 95-


16/64

16

(a) in sub-section (1), for the words and comma shall, within ninety days

the word may shall be substituted; and

(b) in sub-section (3), for the word shall the word may shall besubstituted.

45. Amendment of section 109 of Ordinance XIII of 2001.- In the saidOrdinance, in section 109, after sub-section (7), the following new sub-section shallbe added, namely:-

(8) Expenditure from the Fund of a local government on a new postor filling of existing vacant post or total establishment expenditures, asthe case may be, in a financial year shall not increase more than tenpercent in total from the actual establishment expenditures of theprevious year:

Provided that this sub-section shall not apply to a general salary

increase of existing schedule of establishment prescribed by theGovernment..

46. Amendment of section 111 of Ordinance XIII of 2001.- In the saidOrdinance, in section 111, after sub-section (6), the following new sub-section shallbe added, namely:-

(7) The budget document shall be prepared in accordance with theChart of Classification of Accounts notified by the Auditor-General from time totime..


Ordinance, in section 112, in sub-section (3), for the full stop at the end a colon shallbe substituted and thereafter the following proviso shall be added, namely:-

Provided that the Government may review approved budget of a localgovernment and, if found contrary to the budget rules, may require theconcerned local government to rectify it..


(a) in sub-section (1), in the proviso, for the comma and words , till suchtime the adequate capacity is developed to conform to the national

accounting system prescribed the words for such period as may bedetermined shall be substituted; and

(b) in sub-section (6), in clause (a), for the words, brackets and figuresub-section (3) the words, brackets and figure sub-section (5) shallbe substituted.



17/64

17

(a) in sub-section (1), in the proviso, for the words till such time the

adequate capacity is developed to conform to the national audit systemnotified the words for such period as may be determined shall besubstituted; and

(b) after sub-section (9), the following new sub-section shall be added,namely:-

(10) Notwithstanding anything contained in sub-sections (3),(4), (5), (7), (8) and (9) the Auditor-General may, by notification in theofficial Gazette, direct the Local Fund Audit Department, including theDirector Local Fund Audit, to stop the audit of Tehsil, Town and UnionAdministration, whereafter only the Auditor-General of Pakistan shallaudit such accounts..

50. Amendment of section 115A of Ordinance XIII of 2001.- In the saidOrdinance, in section 115A, in sub-section (1),-

(a) for the word may the word shall shall be substituted; and

(b) after the word Auditor, the words as may be prescribed shall beadded.

51. Substitution of section 116 of Ordinance XIII of 2001.- In the saidOrdinance, for section 116, the following shall be substituted, namely:-

116. Taxes to be levied.- (1) A Council may levy taxes, cesses, fees,rates, rents, tolls, charge, surcharge and levies specified in the SecondSchedule:

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

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

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

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

52. Amendment of section 118 of Ordinance XIII of 2001.- In the saidOrdinance, in section 118, in sub-section (1), for the colon at the end a full stop shallbe substituted and thereafter the provisos shall be omitted.


18/64

18

53. Amendment of section 120E of Ordinance XIII of 2001.- In the saidOrdinance, in section 120E, in sub-section (2), for the full stop at the end a colonshall be substituted and thereafter the following proviso shall be added, namely:-

Provided that the Provincial Allocable Amount reflected in the annualBudget proposals of the Province shall be in accordance with the Order

specified in sub-section (6) of section 120D..

54. Amendment of section 124 of Ordinance XIII of 2001.- In the saidOrdinance, in section 124, in sub-section (2), in the first proviso, the words forperiods not exceeding five years at a time shall be omitted.


(a) in sub-section (1), the word Zila shall be omitted; and


(i) the word Zila shall be omitted;

(ii) for the words Inspector General Police the words ProvincialPolice Officer shall be substituted; and

(iii) for the full stop at the end a colon shall be substituted andthereafter the following provisos shall be added, namely:-

Provided that where a grave threat to law and orderexists and requires immediate action and the Zila Nazim wilfullyabstains from the district, the Government may authorize, inwriting, the Naib Zila Nazim or, where the Naib Zila Nazim isalso not available, the senior most Presiding Officer of the ZilaCouncil, to act as officiating Zila Nazim:

Provided further that such authorization shall ceaseforthwith upon the return of Zila Nazim to his office..


129. Suspension of a Nazim, etc.- (1) Where, in the opinion of the ChiefExecutive of the Province, a Nazim is deliberately avoiding or abstainingwilfully or failing to comply with the directions given by the Chief Executiveunder section 128, he may suspend the Nazim for a period not exceedingninety days for the reasons to be recorded and conveyed to the Nazim.

(2) During the period of suspension, the Government shall cause tobe conducted an enquiry by the Provincial Local Government Commissionwhich shall provide an opportunity of personal hearing to the suspended


19/64

19

Nazim.

(3) The Provincial Local Government Commission shall submit itsreport of the enquiry alongwith its recommendations which may include removalof the Nazim to the Chief Executive of the Province for appropriate action inlight of such recommendations as he may deem appropriate.

(4) In case no decision is taken within ninety days from the date ofsuspension of the Nazim, he shall stand re-instated to his office.

(5) During the period of suspension of the Nazim, the Naib Nazimshall act as Nazim..

57. Amendments of section 131 of Ordinance XIII of 2001.- In the saidOrdinance, in section 131,-

(a) in sub-section (4), after the words functioning of the Commission the

words by establishing a separate Secretariat of the Commission withsections for each level of local government that is District, Tehsil andUnion levels shall be added;

(b) in sub-section (6), for the word funds the words a separate budgetshall be substituted; and

(c) after sub-section (6), the following new sub-sections shall be added,namely:-

(7) The Government shall notify the organogram andschedule of establishment of the Provincial Local Government

Commission.

(8) The Secretary of the Provincial Local GovernmentCommission shall be the Principal Accounting Officer and theCommission shall have its own Drawing and Disbursing Officer.

(9) The Provincial Departments shall aid and assist theProvincial Local Government Commission in performance of itsfunctions..


(a) the existing provision shall be re-numbered as sub-section (1) of thatsection;

(b) in sub-section (1), re-numbered as aforesaid,-

(i) in clause (e), the word and at the end shall be omitted; and

(ii) in clause (f), for the full stop at the end a semi-colon shall be


20/64

20

substituted and thereafter the following new clauses shall beadded, namely:-

(g) take cognizance of violations of laws and rules by a localgovernment in performance of its functions;

(h) organize consultative planning meetings of National andProvincial legislators, Zila, Tehsil or Town Nazims of adistrict on a periodic basis to provide their participation indevelopment activities of the district with regard to-

(i) the consultative process of the AnnualDevelopment Plan of the district;

(ii) formulating procedure for utilization of theLegislators development grant;

(iii) assessing implementation of decision of these

meetings; and

(iv) carrying out review of development schemes; and

(i) facilitate the performance of Provincial departmentalfunctions of the decentralized offices relating to policyanalysis, oversight, checks and balances, capacitybuilding and coordination through the Commission.; and

(c) after sub-section (1), the following new sub-sections shall be added,namely:-

(2) The directions and orders of the Provincial LocalGovernment Commission arising out of its inspections and inquiriesunder clauses (a), (b) and (c) of sub-section (1) shall be binding on theconcerned local government failing which the Commission shall reportthe matter with specific recommendations to the Chief Executive of theProvince for decision and appropriate action.

(3) Where the Provincial Local Government Commission is ofopinion that suspension of a Nazim is necessary for the fair conduct ofthe enquiry under clause (b) of sub-section (1) or preventing the Nazimfrom continuing with any unlawful activity during the pendency of

enquiry, it may recommend to the Chief Executive of the Province formaking appropriate order for suspension of such Nazim for a maximumperiod of ninety days.

(4) Where, on an inquiry under clause (b) of sub-section (1),a Nazim, Naib Nazim or a member of a Council is found guilty ofmisconduct by the Provincial Local Government Commission, it shallrecommend appropriate action, including his removal, to the ChiefExecutive of the Province.


21/64

21

(5) The Provincial Local Government Commission shall have

the same powers as are vested in a civil court under the Code of CivilProcedures, 1908 (Act V of 1908), in respect of the following matters,namely:-

(a) summoning and enforcing the attendance of any personand examining him on oath;

(b) compelling the production of documents;

(c) receiving evidence on affidavits; and

(d) issuing commission for the examination of witnesses..


133A. Restructuring of Provincial Departments.- Administrativerealignment of Provincial departments shall be made in compatibility with thefeatures of Devolution Plan ensuring the principles of good governance notlater than the 31st December, 2005..

60. Amendment of section 135 of Ordinance XIII of 2001.- In the saidOrdinance, in section 135, in sub-section (4), for the words and figures initiateproceedings for recall against such Nazim as provided in sections 62 and 84 thewords refer the matter to the Provincial Local Government Commission forappropriate action shall be substituted.

61. Amendment of section 136 of Ordinance XIII of 2001.- In the saidOrdinance, in section 136, after sub-section (1), the following new sub-section shallbe inserted, namely:-

(1A) Where the Zila Nazim is not satisfied with the conduct of enquirycarried out under sub-section (1), he may arrange for an independent enquiryby an officer of the District Government..

62. Insertion of new Chapter XVA of Ordinance XIII of 2001.- In the saidOrdinance, after Chapter XV, the following new Chapter shall be inserted, namely:-

CHAPTER XVADISTRICT SERVICE

140A. Creation of District Service.- Notwithstanding anything contained inany other law, rules or service contract for the time being in force, theGovernment shall, in every district, create a District Service comprising allposts of local governments grouped into district and tehsil cadres fordecentralized local government functions and groups of offices with adequate


22/64

22

monetary benefits and incentives for promotion and performance not laterthan the 31st December, 2005..

63. Substitution of Chapter XVI of Ordinance XIII of 2001.- In the saidOrdinance, for Chapter XVI the following shall be substituted, namely:-

CHAPTER XVILOCAL GOVERNMENT RESPONSIBILITY

FOR ENFORCEMENT OF LAWS

141. Offences, punishments and their cognizance.- (1) The offencesspecified in the Fourth and Eighth Schedules shall be liable to punishment byway of imprisonment, fine, seizure, forfeiture, confiscation and impoundingand such other penalties as are provided in this Ordinance.

(2) Whoever commits any of the offences specified in-

(a) Part-I of the Fourth Schedule shall be punishable withimprisonment for a term which may extend to three years, orwith fine which may extend to fifteen thousand rupees, or withboth and, where an accused was directed by the Inspector forimmediate discontinuance of the offence, the Court may imposea further fine which may extend to one thousand rupees forevery day for the period the accused has persisted in theoffence from the date of its commission;

(b) Part-II of the Fourth Schedule shall be punishable withimprisonment which may extend to six months and fine whichmay extend to five thousand rupees, or with both and, where an

accused was directed by the Inspector for immediatediscontinuance of the offence, the Court may impose a furtherfine which may extend to two hundred rupees for every day forthe period the accused has persisted in the offence from thedate of its commission; and

(c) the Eighth Schedule shall in the first instance, be liable to fine byissuing a ticket specified in the Ninth Schedule and, where anaccused repeats the offence within a period of three months forwhich he was subjected to fine, he shall be liable to the samepunishment as provided in clause (b):

Provided that the concerned Nazim may, with theapproval of the Council and by notification in the official Gazette,exempt any area from the application of this provision in respectof such offences and for such period as may be specifiedtherein.

(3) The offences specified in clause (a) of sub-section (2) shall becognizable and information in this regard shall be forwarded to the officerincharge of a police station by the Inspector for registration of a case against


23/64

23

the accused in accordance with the provisions of section 154 of the Code ofCriminal Procedure, 1898 (Act V of 1898), hereinafter in this Chapter referredto as the Code.

(4) A Court shall take cognizance of the offences specified in clause(b) of sub-section (2) on a complaint made in writing by the Inspector in

accordance with the provisions of section 200 of the Code.

(5) The offences specified in Part-II of the Fourth Schedule andEighth Schedule shall be tried in a summary manner in accordance with theprovisions of section 260 to 265 of the Code, except sub-section (2) of section262 thereof.

(6) The laws specified in the Tenth Schedule shall be enforced bythe local governments indicated against each.

(7) The Federal Government or Provincial Government may, bynotification in the official Gazette, entrust to a local government the

enforcement of any other law for the time being in force.

(8) The fines collected under sub-section (6) and sub-section (7) shallbe deposited under separate receipt head in the Public Account of theconcerned local government.

(9) The Government shall appoint one or more Magistrates of theFirst Class at the headquarters of a tehsil or town, who shall functionexclusively under the Sessions Judge and not perform any executive function,to deal with the cases relating to local and special laws, and the offencesunder this Ordinance.

Explanation.- For the purpose of this Chapter, the Court shall mean theCourt of a Magistrate of the First Class appointed under the Code.

142. Appointment and control of Inspectors.- (1) The concerned Nazimshall, on the recommendations by the officers specified in the third column ofthe Fourth Schedule and fourth column of the Eighth Schedule indicating thenumber of Inspectors required to exercise jurisdiction over the specific categoryor categories of offences in the assigned area designated as blocks or wardsand with the approval of the concerned Council, authorize the officials of thelocal government as Inspectors for enforcement of the offences specified insuch Schedules:

Provided that it shall not affect the appointment of the Inspectorsappointed of the local governments before coming into the force of thisChapter against any sanctioned post with the express function of inspectionby whatever designation may be, and such Inspectors shall be deemed to beInspectors under this Ordinance.

(2) The officials specified against each offence in the third columnof the Fourth Schedule and fourth column of the Eighth Schedule shall be the


24/64

24

controlling authority and administrative head of the Inspectors notified for suchoffence and the Inspectors shall report to him only for the enforcement ofprovisions of this Chapter notwithstanding to which ever office of a localgovernment they may belong:

Provided that a Tehsil or Town Municipal Administration may request

the District Government for providing district officials required to conductinspection functions specified for tehsil or, as the case may be, town in thethird column of the Fourth Schedule and fourth column of the Eighth Scheduleand District Government shall ordinarily notify such officials for conductinginspection functions:

Provided further that the tehsil and town officers specified in the Fourthand Eighth Schedules shall recommend the available officials of decentralizedPublic Health Engineering Department and Housing and Physical PlanningDepartment for performing inspection functions in tehsil and town beforeadditional requirements are requested from the District Government.

143. Imposition of fine through ticketing.- (1) Where any person, in theopinion of an Inspector, is contravening any provision of the law relating to theoffences specified in the Eighth schedule, the Inspector shall charge theaccused by issuing a ticket for payment of fine specified in the NinthSchedule, if such offence has been committed for the first time in threemonths.

(2) The ticket referred to in sub-section (1) shall be issued inquadruplicate by delivering three copies to the accused after obtaining hissignatures or thumb impression on the fourth copy to be retained by theInspector for record.

(3) The payment of fine may be deposited in the assigned PostOffice or a branch of the National Bank of Pakistan empowered to receivelocal government dues by the respective local government to which theoffence relates in the Eighth Schedule, or the designated local governmentaccountant located in the area of jurisdiction of the Inspector issuing the ticketwithin the period of ten days from the date of imposition of fine for credit in aseparate receipt head of account in the Public Account of the concerned localgovernment:

Provided that an accused may contest the imposition of fine in theCourt within such period of ten days.

(4) The Bank or Post Office or the designated local governmentaccountant of the respective local government receiving the fine shall providetwo copies of the ticket to the accused with endorsement of receipt of amountof fine and forward one copy to the concerned local Accounts Officer.

(5) The accused shall deliver one copy of duly paid ticket to theconcerned Inspector within ten days.


25/64

25

(6) The fines imposed by a Court for the offenses specified in theFourth Schedule shall on collection be deposited under a separate receipthead in the Public Account of the concerned local government.

144. Performance bonuses for Inspector, etc.- (1) The total amountcollected on account of fines and penalties, including those imposed by the

Court, shall be utilized as under:-

(a) twenty-five percent thereof shall be paid by the accountant ofthe respective local government as an incentive bonus to theInspectors ratably according to the amount recovered againstthe fines imposed by each Inspector and as a result ofprosecution or fines initiated by him:

Provided that such payments to the Inspector shall beincluded as an addition in the pay slip at the time of payment ofpay of the month following the month in which the fines arerealized;

(b) twenty-five percent thereof shall be set apart for improvement ofthe regulatory functions of the system of imposition of fines,including accounting, record-keeping, computerization, mobility,police functions and any other expenditure relating to adjudicationprocedure; and

(c) out of the remaining fifty percent thereof, expenditures shall beincurred on the compilation, printing, distribution and otherincidentals required for the District Enforcement Gazette and thebalance amount shall be transferred to the concerned LocalFund at the end of the financial year.

(2) The Principal Accounting Officers of the local governments withthe approval of the concerned Nazim shall incur expenditure from the PublicAccount relating to the fines.

145. Court proceedings for default in deposit of fine, etc.- (1) Theofficer designated to enforce offences in the Eighth Schedule shall dailyprovide to the Court of competent jurisdiction a scroll of all fine tickets issuedby Inspectors under his administrative control which remain unpaid on theeleventh day from the issuance of such fine ticket.

(2) The Court of competent jurisdiction receiving the scroll shallissue summons to the accused forthwith stating date of hearing for summarytrial in accordance with the provisions of section 260 to 265 of the Code,except sub-section (2) of section 262 thereof.

(3) Where on the first date of hearing, the accused appears beforethe Court and produces the proof of deposit of fine, or unconditionallyadmitting his failure, deposits the fine forthwith alongwith the penalty whichshall not be less than ten percent and not more than twenty five percent of the


26/64

26

amount of fine determined by the Court in accordance with the procedureprovided in sub-section (2) of section 388 of the Code further proceedingsagainst the accused may be dispensed with and no conviction shall berecorded against him.

(4) Upon the failure of the accused to appear before the Court in

response to summons issued by it, the Court shall forthwith issue warrants forarrest of the accused and upon the issuance of such warrant the accused willbe liable to punishment under clause (b) of sub-section (2) of section 141,with or without surety.

146. Compounding of offences.- Subject to any other provision of thisOrdinance, a committee comprising the concerned Nazim as its Chairman, anofficer of the concerned Administration and a member of the Council to benominated by the concerned Council as its members, may, at any time orafter the commission of offence but before the conclusion of proceedings inthe Court, compound any offence under this Ordinance:

Provided that no case in respect of any offence pending adjudicationbefore a Court shall be compounded except with the permission of the Court:

Provided further that an offence shall not be compounded where theaccused has been served a notice forbidding him from continuing with theviolation or contravention of any provision of this Ordinance:

Provided also that the accused shall be given an opportunity of beingheard before passing an order or taking any action adverse to his interest.

146A. Appeals, etc.- The decision and orders of the Court shall beappealable and subject to revision in accordance with the provisions of the

Code.

146B. Registers, monthly reports, etc.- (1) The Inspector shall maintainrecord of offences in which tickets were issued, the cases which were notcontested or contested before the Court, complaints were filed forprosecution, the recovery of fines, punishment awarded and similar ancillarymatters in Register Numbers 1 to 12 given in Form-A of the EleventhSchedule.

(2) The Inspector shall furnish monthly reports on the fifth day ofeach month regarding the enforcement activities within the area of hisjurisdiction on the basis of entries of the Register maintained in Form-A to the

concerned Nazim, District Coordination Officer and Accounts Officer throughhis officer in-charge in Form-B specified in the Eleventh Schedule.

(3) The officer in-charge of the police station on the fifth day of eachmonth shall, through the Head of District Police submit report in Form-Cspecified in the Eleventh Schedule in respect of cases registered in the policestation on the complaint of an Inspector or a person authorized under thisOrdinance and any warrants issued or arrests caused in pursuance thereof,and the punishments awarded in each case during the preceding month to the


27/64

27

concerned Nazim and District Coordination Officer.

(4) The District Coordination Officer shall, on the basis of reportsreceived by him under sub-sections (2) and (3), compile and causepublication of the monthly District Enforcement Gazette by twentieth day ofeach month.

146C. Police support to Inspectors, etc.- In addition to the Police supportwhich may be requested by an Inspector under the provisions of Article 34 ofthe Police order, 2002 (Chief Executives Order No. 22 of 2002), a localgovernment may requisition a Police contingent on deputation or payment ofcharges in accordance with Article 30 of the said Order.

146D. General powers of Inspectors.- (1) In case of any serious threat tothe public health, safety or welfare or danger to life and property, theInspector may, in his area of jurisdiction, in addition to imposition of fine orinitiating prosecution under this Ordinance,-

(a) suspend any work;

(b) seize the goods;

(c) seal the premises;

(d) demolish or remove work; and

(e) issue directions for taking corrective measures in the timespecified by him:

Provided that no Inspector shall enter any residential premisessave with the permission of the occupier or owner or Court.

(2) An Inspector authorized under section 142 shall have thepowers in relation to the offences specified in the Fourth Schedule to-

(a) issue notices in writing on behalf of the respective localgovernment served, either personally or through registered postwith acknowledgement due or by any official of the localgovernment, in order to restrain violations or commission of anyoffence forthwith;

(b) initiate legal proceedings in the competent Court where anyperson fails to comply with the directions contained in the noticeissued under clause (a); and

(c) assist in defending any legal proceedings initiated against thelocal government.

146E. Application of the Code.- The provisions of the Code of Criminal


28/64

28

Procedure, 1898 (Act V of 1898), shall, mutatis mutandis, apply to allproceedings under this Chapter particularly in matters relating to issuing ofsummons, warrants and other processes for securing attendance of theaccused, bail, trial, appeals, revisions and execution of the decision of theCourt.

147. Rights of citizen not affected.- Nothing contained in this Chapter shallrestrict or limit the right of the citizens or residents of a local area to bring anysuit or other legal proceeding against any local government, its officers orother functionaries violating his rights available to him under any law for thetime being in force or to claim damages or such remedy through a suit underthe provisions of the Code of Civil Procedure, 1908 (Act V of 1908)..


148. Franchise.- (1) Members of a Union Council, including Union Nazimand Naib Union Nazim shall be elected through direct elections based onadult franchise and on the basis of joint electorate.

(2) The electoral college for the election of Zila Nazim and reservedseats of women, peasants and workers, and minorities in the Zila Councilshall be all the members of Union Councils in the District, including UnionNazims and Naib Union Nazims.

(3) The electoral college for the election of a Tehsil Nazim, TownNazim and reserved seats of women, peasants and workers, and minorities inthe Tehsil Council and Town Council shall be all the members of the UnionCouncils in the Tehsil or, as the case may be, Town, including Union Nazimsand Naib Union Nazims:

Provided that for the election for reserved seats for women in ZilaCouncil proportionately divided among Tehsils or Towns shall be all membersof the Union Councils in a Tehsil or, as the case may be, Town.

Explanation.- For the purpose of this section, all members of Union Councilsnotified as returned candidates in the elections held under this Ordinanceshall be deemed to be members of the electoral college..


(a) in sub-section (2), after the words electoral rolls, the words anddisposal of election petitions and other disputes shall be added; and

(b) in sub-section (4), for the word three the word four shall besubstituted.

66. Substitution of section 151, Ordinance XIII of 2001.- In the said Ordinance,for section 151, the following shall be substituted, namely:-


29/64

29

151. Delimitation of electoral wards.- (1) The electoral ward for theelection of a Zila Nazim shall be a District, for a Tehsil Nazim, a Tehsil, for aTown Nazim, a Town, and for a Union Nazim and a Naib Union Nazim, aUnion.

(2) The electoral ward for the election of a Naib Zila Nazim, NaibTehsil Nazim and Naib Town Nazim shall be the respective Council.

(3) The Union shall be a multi-member ward for election ofmembers of a Union Council..


154. Elections of Nazims etc.- (1) A candidate for the office of Zila Nazimand a Tehsil Nazim or a Town Nazim securing highest number of votes in

their respective wards against other candidates shall be declared elected.

(2) A Union Nazim and Naib Union Nazim as joint candidatessecuring highest number of votes in their electoral ward against other jointcandidates shall be declared elected..


(a) in sub-section (3), after the word by-elections, the words for thevacant seats of members of Councils shall be inserted;


(5) A vacancy of Zila Nazim, Tehsil Nazim or Town Nazim,as the case may be, shall be filled through by-election within onehundred and twenty days of the occurrence of vacancy as provided insub-sections (2) and (3) of section 148.;


(7) When the office of a Union Nazim or Naib Union Nazimfalls vacant, the members of concerned Council shall, by a majorityvote, elect an officiating Union Nazim or, as the case may be, Naib

Union Nazim from amongst its members and the person so electedshall continue to retain his office as a member as well:

Provided that the officiating Nazim or the Naib Nazim shall notbe a candidate in the by-election to be held for the Union Nazim or, asthe case may be, Naib Union Nazim.; and

(d) after sub-section (7), the following new sub-sections shall be added,namely:-


30/64

30

(8) A vacancy of Naib Zila Nazim, Naib Tehsil Nazim or Naib

Town Nazim, as the case may be, shall be filled in within ten days fromthe date of occurrence of the vacancy..


Ordinance, in section 158,-

(a) the existing provision shall be re-numbered as sub-section (1) of thatsection; and

(b) after sub-section (1), re-numbered as aforesaid, the following new sub-section shall be added, namely:-

(2) Nothing in sub-section (1) shall apply to a Union Nazim orNaib Union Nazim, becoming members of the Zila Council orTehsil Council, or the members elected against reserved seatsin the Zila Council or Tehsil Council, or being elected as Naib

Zila Nazim or, as the case may be, Naib Tehsil Nazim..


159. Term of office.- (1) The term of office of local governments in a districtshall be four years commencing from the date of the notification ofassumption of office by respective Councils:

Provided that a local government, notwithstanding the expiry of its termof office, shall continue to hold office until the successor local governmentassumes office.

(2) The Government shall notify the assumption of offices byNazims, Naib Nazims and members of the Councils.

(3) A Zila Nazim, Tehsil Nazim, Town Nazim, Union Nazim andNaib Union Nazim shall not hold the same office for more than twoconsecutive terms..



179A. Conduct of elections.- (1) Notwithstanding anything contained inthis Ordinance, for the elections to be held in the year two thousand and five,immediately on notification of the Schedule of Elections in a district or districtsby the Chief Election Commissioner, the Zila Council, Tehsil Councils, TownCouncils and Union Councils in such district or districts shall stand dissolvedand all Nazims, Naib Nazims and members of the Councils shall cease to


31/64

31

hold their respective offices.

(2) Within twenty-four hours of the announcement of the Schedulefor local government elections by the Chief Election Commissioner, theProvincial Chief Secretary shall appoint government officers as Care-takers toperform the functions and exercise the powers of the Nazims of the respective

local governments till the newly elected Nazims take oath of their offices.

(3) The elected members of Zila Council, Tehsil Councils, TownCouncils, Union Councils and Zila Nazim, Tehsil Nazims, Town Nazims andUnion Nazims shall assume the charge of their respective offices within sevendays of the Notification of the result of district and tehsil level elections by theChief Election Commissioner under section 164 of this Ordinance.

(4) During the election period the Care-takers provided in sub-section (2) are looking after the affairs of the local governments, no newdevelopment scheme shall be initiated nor shall the Government or the Care-

takers or any other officer of a local government make posting and transfer ofany officer or official of the local government without the prior approval of theChief Election Commissioner.

(5) This section shall only be for the local government elections heldin the year two thousands and five and shall cease to have any effect and bedeemed to be omitted from this Ordinance forthwith on the completion ofassumption of offices referred to in sub-section (3)..

73. Amendment of section 193A of Ordinance XIII of 2001.- In the saidOrdinance, in section 193A, for the words local government may delegate any of itsthe words Nazim may delegate any of his shall be substituted.

74. Substitution of sections 195 of Ordinance XIII of 2001.- In the saidOrdinance, for section 195 the following shall be substituted, namely:-

195. General powers of local governments, etc.- (1) Notwithstanding anyspecific provision of this Ordinance, every local government, Village Counciland Neighbourhood Council shall perform their functions conferred by orunder this Ordinance and in performance of their respective functions shallexercise such powers and follow such procedures as are enumerated in the

Sixth Schedule..

75. Addition of new section 198 of Ordinance XIII of 2001.- In the saidOrdinance, after section 197, the following new section shall be added, namely:-

198. Amendment of Schedules.- The Government may, by notification inthe official Gazette, amend or vary the fines specified in the Eighth Scheduleor add or exclude any offence from the Fourth and Eighth Schedules..


32/64

32

76. Substitution of Fourth Schedule of Ordinance XIII of 2001.- In the saidOrdinance, for the Fourth Schedule the following shall be substituted, namely:-


33/64

33

FOURTH SCHEDULE

[Seesections 141, 142, 143 and 147]

LIST OF OFFENCES WITH ENFORCEMENT JURISDICTIONREQUIRING COURT TRIAL

PART-I

S.No. Offence Responsibility of Enforcement

A. ALL LOCAL GOVERNMENTS

1. Overcharging or illegally charging any tax, fee,fine, charge or rate by an employee of a localgovernment or a contractor or his staff withoutthe authority of a local government.

Executive District Officer (Revenue)for Part-I and Part-II of the SecondSchedule.

Tehsil/Town Officer (Finance) forPart-III and Part-IV of the SecondSchedule.

Secretary Union Administration forPart-V of the Second Schedule.

Officers mentioned against eachoffence in the Eighth Schedule.

2. Preparing or using counterfeit or proscribedForms of the local government.

Executive District Officer (Finance).Tehsil/Town Officer (Finance).

Secretary Union Administration.

3. Wilfully obstructing any officer or servant of alocal government or any person authorized toexercise power conferred under this Ordinance.

Executive District Officer concerned.

Tehsil/Town Officer (MunicipalRegulations).


Officer mentioned against eachoffence in the Eighth Schedule.

4. Failure to deliver back possession of property tothe local government on cancellation and

expiration of lease.

Executive District Officer (Revenue).



5. Doing an act without license or permissionwhen the doing of such act requires a license orpermission under any of the provisions of theOrdinance or the rules or bye-laws.

Executive District Officer concerned.



34/64

34


6. Evasion of payment of tax or other impostlawfully levied by a local council.

Executive District Officer (Revenue).

Tehsil/Town Officer (Finance).


7. Contravention of the prohibition or attempt orabetment of any of the offences in this Part.

Officers specified against eachoffence as in this Part.

B. CITY DISTRICT GOVERNMENT

8. Discharging any dangerous chemical,inflammable, hazardous or offensive article inany drain, or sewer, public water course or

public land vested in or managed, maintainedor controlled by City District Government insuch manner as causes or is likely to causedanger to persons passing by or living orworking in neighbourhood, or risk or injury toproperty.

Executive District Officer (DistrictMunicipal Offices), where establishedunder Part-C of the First Schedule

otherwise by Town Officer(Municipal Regulations).

9. Failure of industrial or commercial concerns toprovide adequate and safe disposal of affluentor prevention of their mixing up with the watersupply or sewerage system.

Executive District Officer (DistrictMunicipal Offices), where establishedunder Part-C of the First Scheduleotherwise by Town Officer(Municipal Regulations).

10. Supplying or marketing drinking water forhuman consumption in any form, from anysource which is contaminated or suspected tobe dangerous to public health, or its use hasbeen prohibited by a local government on theground of being unsafe for human consumption,or whose quality and suitability for humanconsumption has not been ascertained andcertified by a laboratory authorized by theGovernment.

Executive District Officer (DistrictMunicipal Offices), where establishedunder Part-C of the First Scheduleotherwise by Town Officer(Municipal Regulations).

11. Cultivation of agriculture produce or crop, forsupply or sale to public using such manure, orirrigating it with sewer water or any such liquidas may be injurious to public health or offensiveto the neighbourhood.

Executive District Officer(Agriculture).

12. Violation of the prohibitions provided in theMaster Plan, the sanctioned Site Development

Executive District Officer(Works and Services).


35/64

35

Schemes under this Ordinance, Cities Acts, orany other law for the time being in forceincluding the plans and schemes sanctionedunder the repealed enactments.

13. Adulteration of any eatable or drinkable or

consumable item sold or supplied to the public.

Executive District Officer (Health).

14. Manufacturing, trading, storing or supplying anyeatable or drinkable item and other itemsunsafe for human consumption or public health.


C. DISTRICT GOVERNMENT

15. Cultivation of agriculture produce or crop, forsupply or sale to public using such manure, orirrigating it with sewer water or any such liquidas may be injurious to public health or offensive

to the neighbourhood.

Executive District Officer (Agriculture).

16. Violation of the prohibitions provided in theMaster Plan, the sanctioned Site DevelopmentSchemes under this Ordinance, Cities Acts, orany other law for the time being in forceincluding the plans and schemes sanctionedunder the repealed enactments.

Executive District Officer(Works and Services).

17. Adulteration of any eatable or drinkable orconsumable item sold or supplied to the public.


18. Manufacturing, trading, storing or supplying anyeatable or drinkable item and other itemsunsafe for human consumption or public health.


D. TEHSIL / TOWN MUNICIPAL ADMINISTRATION

19. Without license from relevant authoritymanufacturing, storing, trading or carrying firecrackers, fire balloons or detonators or anydangerous chemical, inflammable, hazardousor offensive article or material.

Tehsil/Town Officer(Municipal Regulations).

20. Immovable encroachment in or on or under anyproperty or any open space or land vested in ormanaged, maintained or controlled by a localgovernment.


21. Discharging any dangerous chemical,inflammable, hazardous or offensive article inany drain, or sewer public water course or

Tehsil Officer(Municipal Regulations).


36/64

36

public land vested in or managed, maintainedor controlled by Tehsil Municipal Administrationor District Government in such manner ascauses or is likely to cause danger to personspassing by or living or working inneighbourhood, or risk or injury to property.

22. Erection or re-erection of building over set backarea or parking area or building line arearequired to be left open under the rules forusing such space for any purpose which is notapproved.


23. Changing or converting into any other use anyportion of a commercial building or areaspecified or earmarked for public parking.


24. Failure to demolish or otherwise secure abuilding declared by the local government to bedangerous building.


25. Failure of industrial or commercial concerns toprovide adequate and safe disposal of affluentor prevention of their mixing up with the watersupply or sewerage system.


26. Establishing any parking stand on any property

or on any open space and public park or landvested in or managed, maintained or controlledby a local government on or under a street,road, graveyard or a drain without the sanctionof the relevant local government.

Tehsil/Town Officer

(Municipal Regulations).

27. Supplying or marketing drinking water forhuman consumption in any form, from anysource which is contaminated or suspected tobe dangerous to public health, or its use hasbeen prohibited by a local government on the

ground of being unsafe for human consumption,or whose quality and suitability for humanconsumption has not been ascertained andcertified by a laboratory authorized by theGovernment.


28. Quarrying, blasting, cutting timber or carryingbuilding operations in such manner as causesor is likely to cause danger to persons passing



37/64

37

by or living or working in the neighbourhood.

29. Erection or re-erection of a building without thesanction required under this Ordinance or usinga building for a purpose which may endangerthe security of people.


30. Dyeing or tanning skins within such distance ofany commercial or residential areas as may bespecified by the local government.


PART-II

S.No. Offence Responsibility of Enforcement

A. ALL LOCAL GOVERNMENTS

31. Contravention of the prohibition or attempt orabetment of any of the offences in this Part.

Officers specified against eachoffence in this Part.

B. CITY DISTRICT GOVERNMENT

32. Manufacturing, keeping, storing or selling wirethread or any other material meant for kite flyingor in the manner causing danger to the humanlife or the electric installations or disruption in

electric supply.

District Coordination Officer.

33. Preparation and sale of article or articles of foodor drink by a person apparently suffering fromany infectious or contagious disease that mayendanger the health of people.


C. DISTRICT GOVERNMENT

34. Manufacturing, keeping, storing or selling wire

thread or any other material meant for kite flyingor in the manner causing danger to the humanlife or the electric installations or disruption inelectric supply.

District Coordination Officer.

35. Preparation and sale of article or articles of foodor drink by a person apparently suffering fromany infectious or contagious disease that mayendanger the health of people.



38/64

38

D. TEHSIL/TOWN MUNICIPAL ADMINISTRATION

36. Establishing any cattle market or baker mandiwithout permission of the local government.


37. Establishing any bus, wagon, taxi or othercommercial motorized or non-motorized vehiclestand for the purpose of plying them on differentroutes on any road, street, footpath, publicplace or any other property vested or managedor controlled or maintained by a localgovernment without its permission.


38. Establishing or running any restaurant orvending stalls for eatables on any road, street,footpath, public place, over a drain, or any otherproperty vesting in or managed or controlled ormaintained by a local government without its

permission.


39. Establishing a brick kiln and lime kiln withinsuch distance of a residential area as may bespecified by the local government.


40. Cutting down of any tree, or erection ordemolition of any building or part of a buildingwhere such action is declared under thisOrdinance to be a cause of danger orannoyance to the public.


41. Stocking or collecting timber, wood, dry grass,straw or other inflammable material or fuels,adjacent to commercial buildings or residentialhouses.

Tehsil/Town Officer(Municipal Regulations)..

77. Amendment of Sixth Schedule of Ordinance XIII of 2001.- In the saidOrdinance, in the Sixth Schedule,-

(a) in paragraph (9),-

(i) in sub-paragraph (3), in clause (b), for the full stop at the end a

semi-colon and the word ;and shall be substituted andthereafter the following new clause shall be added, namely:-

(c) require the owner or person in-charge of any dog-

(i) to restrain it so that it is not set at large in anystreet without being muzzled, leashed or chained;and


39/64

39

(ii) to provide immediate information, if the dogbelonging to him has been bitten by any animalsuffering or reasonably suspected to be sufferingfrom rabies or any other infectious disease.; and

(ii) sub-paragraphs (5) and (6) shall be omitted;

(b) for paragraph 22 the following shall be substituted, namely:-

22. Digging of Public Land.- No person shall without thepermission in writing of the concerned local government dig up thesurface of any open space which is not a private property or take outearth therefrom.;

(c) in paragraph 31,-

(i) for the words and comma Whoever begins, continues orcompletes the words and comma No person shall begin,

continue or complete shall be substituted; and

(ii) the words shall be punishable with fine as prescribed shall beomitted;

(d) in paragraph 34, in sub-paragraph (6), the words, commas and fullstop Any person who fails, without reasonable cause, to comply with arequisition made upon him under this paragraph shall be punishablewith such fine as may be prescribed by the concerned localgovernment and in the case of a continuing offence, to an additionalfine for every day after the first during which the failure has continued.shall be omitted;

(e) in paragraph 53, sub-paragraph (3) shall be omitted;

(f) in paragraph 55,-

(i) in the marginal heading for the words Penalty for the wordsProhibition of shall be substituted; and

(ii) in sub-paragraph (1),-

(a) for the words Any person who keeps the words No

person shall keep shall be substituted; and

(b) the commas and words , shall be punishable with fine asprescribed and, in the case of a continuing offence, withan additional fine for every day after the first during whichthe offence is continued shall be omitted;

(g) in paragraph 56,-


40/64

40

(i) in the marginal heading for the words Penalty for the words

Prohibition of shall be substituted;

(ii) for the word Whoever the words No person shall shall besubstituted;

(iii) for the words sells or exposes the words sell or expose shallbe substituted; and

(iv) the commas and words , shall be punishable with fine asprescribed and in the case of a continuing offence, with anadditional fine for every day after the first during which theoffence is continued shall be omitted;

(h) for paragraph 62 the following shall be substituted, namely:-

62. Feeding animals on dirt, etc.- No person shall feed or allow to

be fed on filthy or deleterious substances any animal, which is kept forthe purpose of supplying milk to, or which is intended to be used forhuman consumption or allow it to graze in any place in which grazinghas, for sanitary reasons, been prohibited by public notice by the localgovernment.;

The Punjab Local Government Amendment Ordinance 2005

Documents

Transcript of The Punjab Local Government Amendment Ordinance 2005