Khyber Pakhtunkhwa Local Government Act, 2013
Khyber Pakhtunkhwa Local
Government Act, 2013
TABLE OF CONTENTS
Chapter ..................................................................................................................................... Page#
CHAPTER – I INTRODUCTION 2
CHAPTER – II LOCAL AREAS AND CONSTITUTION OF LOCAL
GOVERNMENTS 5
CHAPTER – III DISTRICT GOVERNMENT 8
CHAPTER – IV DISTRICT COUNCIL 9
CHAPTER – V TEHSIL AND TOWN MUNICIPAL ADMINISTRATION 11
CHAPTER – VI TEHSIL COUNCIL 14
CHAPTER – VII VILLAGE AND NEIGHBOURHOOD COUNCILS 15
CHAPTER – VIII LOCAL GOVERNMENT FINANCE 18
CHAPTER – IX LOCAL GOVERNMENT PROPERTY 22
CHAPTER – X LOCAL GOVERNMENT TAXATION 24
CHAPTER – XI PROVINCIAL FINANCE COMMISSION AND FISCAL
TRANSFERS 25
CHAPTER – XII SUPERVISION OF LOCAL GOVERNMENTS 27
CHAPTER – XIII LOCAL GOVERNMENT RESPONSIBILITY FOR
ENFORCEMENT OF LAWS 31
CHAPTER – XIV LOCAL COUNCIL ELECTIONS 34
CHAPTER – XV MANAGING TRANSITION 45
CHAPTER – XVI MISCELLANEOUS 46
SCHEDULES
First Schedule 50
Second Schedule 52
Third Schedule 54
Fourth Schedule 56
Fifth Schedule 59
Sixth Schedule 63
Seventh Schedule 64
An Act
to construct and regulate local government institutions in
the Province of the Khyber Pakhtunkhwa and to consolidate laws relating to
these institutions and to provide for matters
connected therewith and ancillary thereto.
WHEREAS it is expedient to encourage local government
institutions composed of elected representatives and having special
representation of peasants, workers, women, minorities and youth;
AND WHEREAS clause (i) of Article 37 of the Constitution of
the Islamic Republic of Pakistan, as a principle of policy, requires
decentralization of government administration so as to facilitate expeditious
disposal of its business to meet the convenience and requirements of the
public;
AND WHEREAS clause (1) of Article 140A of the Constitution
of the Islamic Republic of Pakistan, provides for establishment of a local
government system and devolution of political, administrative and financial
responsibility and authority to the elected representatives of the local
governments;
AND WHEREAS for the purposes aforesaid it is necessary to
re-organize the local government system in the province of the Khyber
Pakhtunkhwa and consolidate laws relating to these institutions;
It is hereby enacted as follows:
CHAPTER – I INTRODUCTION
Short title, extent and commencement.---(1) This Act may be
called the Khyber Pakhtunkhwa Local Government Act, 2013.
It extends to the whole of the province of the Khyber
Pakhtunkhwa except, areas notified as cantonments or any other area excluded by
Government through notification in the official Gazette.
It shall come into force on such date as Government may, by
notification appoint, and different dates may be appointed for different
provisions of this Act.
Definitions.---In this Act, unless the context otherwise
requires,-
“building” includes any shop, house, hut, out-house, 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;
“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;
“cattle” includes cows, buffaloes, bulls, oxen, bullocks,
calves, camels, heifers, sheep and goats;
“conservancy” means the collection, treatment, removal and
disposal of refuse;
“devolution” means conferment by Government of its
administrative and financial authority for the operation, management and
control of specified offices of Government to the local governments;
“district” means a revenue district notified under the West
Pakistan Land Revenue Act, 1967 (W.P. Act No. XVII of 1967);
“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;
“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 into one or more places for human habitation of a
building not originally meant for the purpose, structural conversion of two or
more places of human habitation into a greater number of such places, addition.
of any rooms, building substance or other structure to a
building, re-construction of whole or any part of the external walls of a
building or the renewal of the parts of a wooden building, construction in a
wall adjoining any street or land not belonging to the owner of the wall,
construction of a door opening 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;
“factory” means a factory as defined in “The Khyber
Pakhtunkhwa Factories Act, 2013 (Act No. XVI of 2013)”;
“Government” means the Government of Khyber Pakhtunkhwa;
“land” includes land which is being build up or is built up
or is covered with water or is under cultivation or is fallow;
“local area” means
an area specified in
Chapter-II;
“local council” means a District Council, Tehsil Council,
Town Council, Village Council or, as the case may be, Neighbourhood Council;
“mal-administration” means and includes-
an omission or commission, a decision, process or
recommendation, which is contrary to law, rules, or regulations or is a
departure from established practice or procedure or is arbitrary, biased,
discriminatory, oppressive, perverse, unjust or unreasonable or is based on
irrelevant grounds; or
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; or
delay, inaction, incompetence, inefficiency, ineptitude or
neglect in the administration or discharge of duties and responsibilities; or
repeated notices, prolonged hearings or unnecessary
attendance while deciding cases; or
voidance of disciplinary action against an officer or
official whose action is held by a competent authority to be biased,
capricious, patently illegal or vindictive;
“market” means a place where persons assemble for the sale
and purchase of meat, fish, fruit, vegetables or any other article of food or
for the sale and purchase of livestock or animals and
includes any place which may, from time to time, be notified
as market;
“mauza” means a revenue estate declared under the West
Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967);
“misconduct” means transgression of prescribed code of
conduct or dereliction from duty or deliberate unlawful behavior or violation
of law or rules or lawful directions or orders of Government and includes-
gross negligence in performance of duties with manifest
wrongful intent or evil design; or
an act that results in wrongful gain to any person by
wrongful application of law; or
making or managing appointment, promotion or transfer of an
officer or official in violation of law or rules or for extraneous
consideration; or
bribery, corruption, robbery, favoritism, nepotism or
willful diversion of the fund of the local government;
“municipal services” include intra-city network of water
supply, sanitation, conservancy, removal and disposal of sullage, refuse,
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, bill 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;
“Neighbourhood” means a mohallah, a group of streets, lanes
or roads, in areas with urban characteristics, designated as Neighbourhood by
Government;
“nuisance” includes any 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;
“peasant” means a person who is a landless farm worker or,
one who during the period of five years preceding the year in which election is
held, has been the owner of not more than five acres of land and depends
directly on it for subsistence living;
“prescribed” means prescribed by rules;
“prohibited zone” means any area or areas within a district
declared as prohibited zone by a public notice by the concerned district
government for the purposes of this Act;
“province” means the province of Khyber Pakhtunkhwa;
“refuse” includes rubbish, offal, night-soil, carcasses of
animals, deposits of sewerage, waste and any other offensive matter;
“rent” means whatever is by law payable in money or kind by
a tenant or lessee on account of the occupation of any building or land or use
of any machinery, equipment or vehicle;
(aa) “rules” means
rules made under this Act;
(bb) “schedules”
mean schedules appended to this Act;
(cc) “specify”
means specified by Standing Orders of Government; (dd) “street line” means a line dividing the land comprised
in, and
forming part of a street from the adjoining land;
(ee) “sullage” includes sewerage, polluted water, rain water
and any other offensive matter carried by a drain;
(ff) “tax” includes any cess, fee, rate, toll or other
charge leviable under this Act;
(gg) “tehsil” means a Tehsil notified under the West
Pakistan Land Revenue Act, 1967 (W.P. Act No. XVII of 1967);
(hh) “town” means an area notified by the Government under
section-9 to be a Town in a City District;
(ii) “village” means an integrated and contiguous human
habitation commonly identified by a name and includes a Dhok, Chak, Kalay,
Goth, Gaown, Deh, Basti or any other comparable habitation;
(jj) “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 Khyber Pakhtunkhwa
Industrial Relations Act, 2010 (Act No. XVI of 2010).
Local governments to work within the provincial
framework.---(1) The local governments established under this Act shall function
within the provincial framework and shall faithfully observe the federal and
provincial laws.
In the performance of their functions, the local governments
shall not impede or prejudice the exercise of the executive authority of
Government.
CHAPTER – II
LOCAL AREAS AND CONSTITUTION OF LOCAL GOVERNMENTS
Local areas for local governments.--- For the purpose of
this Act Village, Neighbourhood, Tehsil, Town, District and City District shall
be local areas for local governments.
Constitution of local governments.---(1) Subject to other
provisions of this Act, local governments constituted under this Act shall be:
a City District Government for district Peshawar;
a District Government for a district other than Peshawar;
a Tehsil Municipal Administration for a Tehsil;
a Town Municipal Administration for a Town in the City
District;
a Village Council for a village in the rural areas; and
a Neighbourhood Council for a Neighbourhood in areas with
urban characteristics.
Government may, by notification in official Gazette, specify
the name by which a local government shall be known and unless so specified, it
shall be known as the local government of the place where its office is
situated.
Save as otherwise provided in this Act, every local
government shall be competent to acquire, hold or transfer any property,
movable and immovable, to enter into contract and to sue or be sued in its
name, through officer designated in this regard.
Government shall prescribe rules of business for local
governments notifying structure and working of local government administration,
groups of offices, allocation of business, appointment, posting, promotion and
transfer of officers and officials, performance evaluation, channels of
communication, coordination of local council business, consultation between
offices and incidental matters for smooth and efficient disposal of official
business.
Delimitation of Village Council and Neighbourhood
Council.---(1) A village council shall be an area comprising one or more
muaziaat or, in the case of an area where revision of settlement under the law
has not been taken, one or more census villages;
(2) In the case of an area with urban characteristics, a
neighbourhood council shall be an area comprising a whole number of population
census blocks as delimited for the purpose of last preceding census or a
combination of whole number of census blocks and a whole number of muaziaat,
notified as such by Government:
Provided that, as far as may be,-
the area of a village and neighbourhood council shall be a
territorial unity;
the boundaries of a village and neighbourhood council shall
not cross the limits of a tehsil;
the area of a village council shall comprise a whole number
of patwar circles, or a patwar circle may contain a number of whole
village councils;
the area of a neighbourhood council shall comprise a whole
number of census blocks as delimited for the purpose of the preceding
population census or a whole number of muaziaat or a combination of a whole
number of census blocks and muaziaat; and
the population of village and neighbourhood council within a
district shall range between 2,000 to 10,000 calculated on the basis of last
preceding population census officially published:
Provided further that in a specific case, Government may,
for reasons to be recorded, waive the aforesaid conditions.
Delimitation of Tehsils and Districts.---Government shall,
by notification in the official Gazette, declare tehsils and districts notified
under the West Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967), to be
tehsils or, as the case may be, districts under this Act.
Provisions of District apply to City District.---Save as
otherwise provided in this Act, the provisions relating to District shall,
mutatis mutandis, apply to City District and any reference in these provisions
to Nazim District Council, Naib Nazim District Council, District Government and
District Council shall, respectively, be read as reference to Nazim City
District Council, Naib Nazim City District Council, City District Government and
City District Council respectively.
Setting up of a Town.---(1) Government may, by notification
in the official Gazette, declare a whole number of contiguous village councils
and neighbourhood councils to be a town in the city district under this Act.
Government shall, by notification in the official Gazette,
declare every Town referred to in sub-section (1) to be a Tehsil or
Sub-division for the purpose of this Act.
Save as otherwise provided in this Act, the provisions
relating to Tehsil shall, mutatis mutandis, apply to Town and any reference in
these provisions to Nazim Tehsil Council, Naib Nazim Tehsil Council, Tehsil
Municipal Administration and Tehsil Council shall, respectively, be read as
reference to Nazim Town Council, Naib Nazim Town Council, Town Municipal
Administration and Town Council.
Delimitation Authority and principles of delimitation.---(1)
Government shall, by notification in the official Gazette, constitute a
Delimitation Authority for delimitation of village councils, neighbourhood
councils and territorial wards for general seats to tehsil, town and, as the
case may be, district councils.
All wards for general seats shall, as far as practicable, be
delimited having regard to the distribution of population in geographically
compact areas, existing boundaries of administrative units, facilities of
communication and public convenience and other cognate factors to ensure
homogeneity in the creation of wards.
As far as may be, the wards for elections to the same
council shall be equal among themselves in population.
CHAPTER – III
DISTRICT GOVERNMENT
Composition of District Government.---(1) In every district,
there shall be a district government which shall consist of a district council
and district administration made up of the devolved offices.
(2) Executive Authority of district government shall vest in
Nazim, district council and he/she shall be responsible to ensure that the
business of the district government is carried out in accordance with this Act
and other laws for the time being in force.
Devolution and grouping of offices.---(1) On commencement of
this Act, the organization, functions, administration and financial management
of local councils in the province shall come under the administrative and
financial control of the successor local governments as provided in section 121
of this Act.
On the commencement of this Act, the administrative and the
financial authority for the management of the offices of Government, specified
in the first Schedule in a District shall stand devolved to the District
Government of that District.
The Government may, in addition to the offices specified in
sub-section (2), setup other offices specified in Part-B of the First Schedule
in the city district.
Authority and responsibility of District Government.---(1)
The authority of district government shall comprise the operation, management
and control of offices of the departments which are devolved to it; provided
that district government shall exercise such authority in accordance with
general policy of Government.
Every order in district government shall be expressed to be
made in the name of the district government and shall be executed by a duly
authorized officer.
The district government shall be responsible to the people
and the Government for improvement of governance and delivery of services
within the ambit of authority devolved to it.
Functions and Powers of the Nazim, District Council.--- The
functions and powers of Nazim, district council shall be to-
provide vision for district-wide development, leadership and
direction for efficient functioning of district government;develop strategies
and timeframe for accomplishment of goals approved by district council;ensure
implementation of devolved functions and maintain administrative and financial
discipline;oversee formulation and execution of the annual development
plan;present budget proposals to district council for approval;present to
district council bi-annual reports on the performance of offices of district
government; call for quarterly reports from Government departments in the
district, other than those devolved to district government, present them to
district council and forward them to Government along with recommendations of
district council and his comments for consideration and action;initiate
inspections of tehsil municipal administration, village councils and
neighbourhood councils in the district;issue executive orders to officers-in
charge of the devolved departments for discharge of their functions;represent
district government on civic and ceremonial occasions; andperform any other
function as may be assigned to him by Government.Personal responsibility of
Nazim, District Council.--- Nazim District Council, shall be personally
responsible for any loss flowing from decisions made by him personally or under
his directions in violation of this Act or any other law for the time being in force
and for any expenditure incurred without lawful authority.
Disciplinary powers of the Nazim, District Council.---Nazim
District Council shall have powers to take disciplinary action against
functionaries in district government under efficiency and disciplinary rules
prescribed in this regard.
CHAPTER – IV DISTRICT COUNCIL
Composition of the District Council.---There shall be a
District Council in each district which shall consist of general seats, seats
reserved for women, peasants and
workers, youth and non muslims as provided in Part-A of Second Schedule to this
Act.
Functions and powers of the District Council.---The
functions and powers of the district council shall be to-approve bye-laws for
performance of functions devolved to district government;
approve taxes on subjects provided in this Act; approve long
term and short term development plans, annual and supplementary budgetary
proposals of district government including proposals for changes in the
schedule of establishment for devolved offices and, where required, intra-
district fiscal transfers; elect Standing Committee of the district council for
each office of district government to oversee matters and service delivery
obligations assigned to the office and report to the district council its
findings on efficiency, responsiveness, service delivery standards and
performance of the respective office for review;
elect Finance Committee of the district council for
examination of tax and budget proposals, re-appropriations and supplementary
grants; elect District Accounts Committee to scrutinize the accounts showing
appropriations of sums granted by the district council for expenditure of the
district government, audit reports, statement of income and expenditure and
such other matters as the district council may refer to it; elect a Committee
on Conduct of Business to consider matters regarding procedure and smooth
conduct of business in the district council;
elect District Committee on Assurances to scrutinize reports
on implementation of assurances, promises and undertakings given to the
district council; elect a Code of Conduct Committee to oversee the observance
of code of ethics by the members; constitute joint committees of village and
neighbourhood councils for overseeing working of Government offices, district
government offices and municipal offices providing services in their areas;
make recommendations for enhancement of care for disabled, disadvantaged and
marginalized segments; review reports presented by the Nazim, district council;
and review reports and recommendations of District Accounts
Committee on the accounts of district government.
Functions of District Council in City District.--- In
addition to the functions specified in section 18, the district council in a
city district shall perform the following functions, namely:
approve master plans, zoning, land use plans, including
classification and reclassification of land, environment control, urban design,
urban renewal and ecological balances;
review implementation of rules and bye-laws governing land
use, housing, markets, zoning, environment, roads, traffic, tax, infrastructure
and public utilities;
approve proposals for public transport and mass transit
systems, construction of express ways, fly-overs, bridges, roads, under passes,
and inter-town streets; approve development schemes for beautification of areas
along rivers; and review development of integrated system of water reservoirs,
water sources, treatment plants, drainage, liquid and solid waste disposal,
sanitation and other municipal services.
City District Council to approve certain plans for the
Towns.---In case of a town in the city district, the city district council
shall perform the functions of approval
of such macro municipal plans as may be notified by city district government.
CHAPTER –V
TEHSIL AND TOWN MUNICIPAL ADMINISTRATION
Composition of Tehsil Municipal Administration.---(1) In
every tehsil there shall be a tehsil municipal administration which shall
consist of the tehsil council, tehsil municipal officer, municipal officers and
other officials of the local council service.
(2) The Executive Authority of tehsil municipal
administration shall vest in the Nazim, tehsil council and he shall be
responsible to ensure that the business of tehsil municipal administration is
carried out in accordance with this Act.
Functions and powers of Tehsil Municipal
Administration.---The functions and powers of tehsil municipal administration
shall be to-
monitor and supervise the performance of functionaries of
Government offices located in the tehsil and hold them accountable by making
inquiries and reports to the district government or, as the case may be,
Government for consideration and action;
prepare spatial plans for the tehsil including plans for
land use and zoning and disseminate these plans for public enquiry;
execute and manage development plans for improvement of
municipal services and infrastructure;
exercise control over land-use, land-subdivision, land
development and zoning by public and private sectors for any purpose, including
for agriculture, industry, commercial markets, shopping centers; residential,
recreation, parks, entertainment, passenger and freight transport and transit
stations;
enforce municipal laws, rules and bye-laws;
prevent and remove encroachments;
regulate affixing of sign-boards and advertisements;
provide, manage, operate, maintain and improve municipal
services;
prepare budget, long term and annual municipal development
programmes;
maintain a comprehensive data base and information system on
services in the tehsil, municipal record and archives and provide public access
to it on nominal charges;
collect taxes, fines and penalties provided under this Act;
organize sports, cultural, recreational events, fairs and
shows;
organize cattle fairs and cattle markets;
co-ordinate and support municipal functions amongst village
and neighbourhood councils;
regulate markets and services, issue licenses, permits,
grant permissions and impose penalties for violation thereof;
manage municipal properties, assets and funds;
develop and manage schemes, including site development in
collaboration with district government;
authorize officers to issue notice, prosecute, sue and
follow up criminal, civil and recovery proceedings against violators of
municipal laws; and
prepare financial statements and present them for audit.
Functions and powers of the Nazim, Tehsil Council.---(1) The
functions of the Nazim, tehsil council shall be to-
provide vision for tehsil-wide development, leadership and
direction for efficient functioning of municipal administration and tehsil
based offices of Government;
formulate strategies for infrastructure development, improvement
in delivery of services and implementation of laws;
oversee formulation and implementation of long term and
annual development programmes at tehsil level;
present budget proposals for approval of tehsil council;
prepare and present report on the performance of municipal
administration in tehsil council at least twice a year;
call for quarterly reports from tehsil based offices of
Government, present them to tehsil council and forward them to district
government or, as the case may be, Government along with recommendations of
tehsil council and his comments for consideration and action;
supervise utilization of funds allocated to tehsil municipal
administration; and
represent tehsil municipal administration on civic and
ceremonial occasions.
The Nazim, tehsil council shall be personally responsible
for any loss flowing from 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 and for any expenditure incurred without lawful authority.
The Nazim, tehsil council may, and if directed by the
Government shall-
create and supervise special units for management and
administration of municipal services in the jurisdiction of erstwhile municipal
committees, and other areas having urban characteristics, in the tehsil;
notify representation of the local people for oversight and
control by clustering the Nazimeen of contiguous neighbourhood councils in the
units so created; and
ensure appropriate allocation of human and financial
resources to support municipal services in the units.
Nazim tehsil council shall have powers to initiate
disciplinary action against functionaries in the tehsil municipal
administration under efficiency and discipline rules applicable to the
employees of local council service and servants of the local councils.
CHAPTER – VI TEHSIL COUNCIL
Composition of Tehsil Council.---There shall be a tehsil
council in each tehsil which shall consist of general seats, seats reserved for
women, peasants and workers, youth and non-muslims as provided in Part-B of
Second Schedule to this Act.
Functions and powers of Tehsil Council.---The functions and
powers of tehsil council shall be to-
approve taxes, fines and penalties proposed by the Nazim,
tehsil council;
approve bye-laws for delivery of municipal services;
approve annual budget and appropriations for tehsil
municipal administration;
approve long and short term development plans;
approve land use, zoning and master plan of the tehsil,
development and maintenance programmes proposed by the tehsil municipal
administration;
elect Standing Committees of the tehsil council for
municipal offices, tehsil based offices and sub-offices of devolved functions
to oversee matters and service delivery obligations assigned to municipal
offices, offices and sub-offices of devolved functions in the tehsil and report
to the tehsil council their findings on efficiency, responsiveness, service
delivery standards and performance of the respective offices for review;
elect Finance Committee of the tehsil council for
examination of tax and budget proposals, re-appropriations and supplementary
grants;
elect Tehsil Accounts Committee to scrutinize the accounts
showing appropriations of sums granted by the tehsil council for expenditure of
tehsil municipal administration, audit reports, statement of income and
expenditure and such other matters as the tehsil council may refer to it;
elect a Committee on Conduct of Business to consider matters
regarding procedure and smooth conduct of business in the tehsil council;
elect Tehsil Committee on Assurances to scrutinize reports
on implementation of assurances, promises and undertakings given to the tehsil
council;
elect a Code of Conduct Committee to oversee the observance
of code of ethics by the members;
review the reports and recommendations of Tehsil Accounts
Committee; and
review the performance reports presented by the Nazim,
tehsil council.
CHAPTER – VII
VILLAGE AND NEIGHBOURHOOD COUNCILS
Establishment of Village Council and Neighbourhood Council.---Within
sixty days, after the commencement of this Act, Government shall, by
notification in the official Gazette, constitute and notify village and
neighbourhood councils in all districts.
Composition of Village Council and Neighbourhood Council.---(1)
Every village council and neighbourhood council, shall comprise of ten to
fifteen following members:-
five to ten members, determined on the basis of population,
elected to general seats;
two members elected to seats reserved for women;
one member elected to seat reserved for peasants and
workers;
one member elected to seat reserved for
youth; and
one member elected to seat reserved for non-muslims.
The village council or the neighbourhood council, as the
case may be, shall be a multimember ward for election of members to be held on
non-party basis through adult franchise and joint electorate.
The candidates securing highest and second highest number of
votes in the election to the general seats of the village council or the
neighbourhood council, as the case may be, shall respectively be the Nazim and
Naib Nazim of the village council or the neighbourhood council, as the case may
be.
Executive Authority of the village council or the
neighbourhood council, as the case may be, shall vest in respective Nazim
village council or the neighbourhood council, who shall be deputized by the
concerned Naib Nazim during his temporary absence.
Explanation.--- For the purposes of this section and
section 17 and
section 24 of this Act, the term “youth” means a duly qualified
candidate for election under this Act, who is below thirty years of age on the
last day fixed for filing of nomination papers.
Functions and responsibilities of the Nazim, Village Council
and Neighbourhood Council.---(1) The Nazim of village council and neighbourhood
council shall:
provide leadership for council-wide development and
preparation of budget;
organize management of municipal infrastructure with in the
area of respective village council or neighbourhood council;
chair panels of members constituted for amicable settlement
of disputes;
report to tehsil municipal administration and district
government in respect of:
encroachment on state and local government property;
violation of land use plans, building codes, rules and bye-
laws;
sale and trade of dangerous and offensive articles;
adulteration of articles of food; and
breach of public water courses with in the area of the
village council or neighbourhood council.
prepare and send quarterly reports on the performance of
functionaries of all offices located in the area including education, health,
public health engineering, agriculture, livestock, police and revenue to tehsil
municipal administration and district government.
The Nazim, village council or the Nazim neighbourhood council,
as the case may be, shall be responsible for any loss flowing from his
decisions and directions in violation of this Act or any other law for the time
being in force and for expenditures incurred without lawful authority.
The Nazim, neighbourhood council shall represent the council
in the special units created under section 23 of this Act.
Functions of the Village Council or Neighbourhood
Council.---(1) Functions of the village council and neighbourhood council, as
the case may be, shall be to:
monitor and supervise the performance of functionaries of
all government offices located in the area of the respective village council or
neighbourhood council, including education, health, public health engineering,
agriculture, livestock, police and revenue, and hold them accountable by making
inquiries and reports to the tehsil municipal administration, district
government or, as the case may be, the Government for consideration and action;
provide effective forum for out of court amicable settlement
of disputes and, for this purpose, constitute panels of members as
conciliators;
register births, deaths and marriages;
implement and monitor village level development works;
improve water supply sources, maintain water supply
distribution system and take measures to prevent contamination of water;
maintain village level infrastructure, footpaths, tracks,
streets, prevent and abate nuisances and encroachments in public ways, public
streets and public places;
maintain and improve collective property including
playgrounds, graveyards, funeral places, eid-gah, parks, public open spaces and
community centers;
identify development needs of the area for use by municipal
administration and district government in prioritizing development plans;
make arrangements for sanitation, cleanliness, disposal of
garbage and carcasses, drainage and sewerage system;
display land transactions in the area for public
information;
mobilize community for maintaining public ways, public
streets, culverts, bridges and public buildings, de-silting of canals and other
development activities;
develop sites for drinking and bathing of cattle;
organize cattle fairs and agriculture produce markets;
organize sports teams, cultural and recreational activities;
organize watch and ward in the area;
promote plantation of trees, landscaping and beautification
of public places;
regulate grazing areas, establish cattle ponds and provide
protection against stray animals and animal trespass;
consider and approve annual budget presented by the
respective Nazim, village council or neighbourhood council;
facilitate formation of voluntary organizations for
assistance in functions assigned to it;
facilitate the formation of co-operatives for improving
economic returns and reduction of poverty;
elect an Accounts Committee and review its recommendations
on the annual statement of accounts and audit reports; and
report cases of handicapped, destitute and of extreme
poverty to district government.
(2) The respective village council or neighbourhood council
shall assist district government and tehsil municipal administration in
conducting surveys, collecting socio-economic data and selecting sites for
municipal and social facilities and services.
CHAPTER – VIII
LOCAL GOVERNMENT FINANCE
Establishment of Local Funds and Public Accounts.--- (1)
There shall be established a district fund, a tehsil fund, village fund and
neighbourhood fund, as the case may be, for each respective local government.
To the credit of the respective Fund shall be placed all
revenues received by a local government from the following sources:
monies transferred by another local government under this
Act;
grants made or monies received from Government or other
authorities in Pakistan;
the proceeds of taxes levied by a local government under
this Act;
rents and profits payable or accruing to a local government
from immovable property vested in or controlled or managed by it;
proceeds or any other profits howsoever known or called from
bank accounts and investments of a local government;
gifts, grants or contributions by individuals or
institutions;
income accruing from markets or fairs regulated by a local
government;
fines imposed and recovered under this Act; and
proceeds from other sources of income which are placed at
the disposal of a local government under directions of Government.
To the credit of respective Public Account of the local
government shall be placed all revenues received by a local government from the
following sources-
receipts accruing from trusts administered or managed by it;
refundable deposits received by it; and
deferred liabilities.
A local government, 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 Fund may be assigned and which shall be
administered and regulated in such manner as Fund of the local government.
Custody and Operation of Funds and Public Account.---(1)
Monies credited to a Fund or a Public Account of a local government shall be
kept in the State Bank, Government Treasury, a post office or a bank in such
manner as shall be specified by the Government from time to time.
(2) The Funds
shall be operated in such a manner as may be prescribed.
Charged expenditure.---(1) The following expenditure shall
be charged on the Fund of local government, that is to say:
such sums as are required for repayment of debt;
any sum required to satisfy any judgment, decree or award
against the local government by any Court or Tribunal;
such sums as the local government 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
any expenditure declared by Government to be so charged.
(2) If any expenditure is a compulsory charge on the Fund of
a local government and is not paid,
Government may, by order, direct the person having the custody of the Fund to pay
such amount, or so much thereof as may be possible from time to time, from the
balance of the Fund.
Application of Funds.---(1) The money credited to the Fund
of a local government shall be expended
in accordance with annual budget approved by the respective local council.
No local government shall transfer monies to a higher level
of Government except by way of repayment of debts or for carrying out deposit
works or as provided in this Act.
Where a new local government is to take over during a financial
year
as a result of fresh elections, the outgoing local
government 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.
Budget Preparation.---(1) The annual budget for each local
government shall contain estimates of:
grants-in-aid from Government;
amounts available in the respective Fund;
receipts for the next year; and
expenditures to be incurred for the next year.
The Government shall, sufficiently before the beginning of
each financial year, notify the provisional grants, which may be credited to
the Fund of a local government from the Provincial Consolidated Fund.
No demand for a grant shall be made except on the
recommendation of the respective Nazim.
Conditional grants from Government or other local government
will be shown separately in the budget and will be governed by conditions
provided therein.
Before the commencement of a financial year each local
government shall, for its Fund, prepare in the prescribed manner, a budget for
that year.
Approval of Budget.---(1) Before the commencement of the
next financial year, each Nazim shall, present the budget for consideration and
approval of the respective local council.
The budget of a local government shall be approved by simple
majority of the total membership of the respective council.
No other business shall be taken up by a council during
budget session.
In case a budget is not approved by the local council before
commencement of the financial year to which it relates, Government shall
prepare, approve and authenticate budget for the local government.
A local council shall not be empowered to approve a budget
if the sums required to meet estimated expenditures exceed the estimated
receipts.
The Nazim shall authenticate by his signature a schedule
specifying
the:
grants made or deemed to have been made by the local
council; and
the several sums required to meet the expenditure charged
upon the Fund of the local government.
The schedule so authenticated shall be laid before the local
council, but shall not be open to discussion or vote thereon.
The schedule so authenticated shall be communicated to the
respective Accounts Officials and Government.
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, be subject to
the provisions of this section.
Accounts.---(1) The accounts of receipts and expenditure of
local governments shall be kept in such form and in accordance with such
principles and methods as the Auditor-General of Pakistan may prescribe.
The following arrangement for maintaining of accounts in
local governments shall be followed:
the District Accounts Officer shall maintain the accounts of
each district government;
the Tehsil Accounts Officer shall maintain the accounts of
the tehsil municipal administration;
the Village Accountant shall maintain the accounts of
village council;
the Neighbourhood Accountant shall maintain the accounts of
neighbourhood council; and
the Accounts Officer mentioned in clauses (a),(b) (c) and
(d) shall perform pre-audit of all payments from the respective Fund before
approving disbursements of monies.
The District Accounts Officer shall, quarterly and annually,
consolidate the accounts of local governments in the district separately for
receipts from the Government and local resources and send a copy to Government,
Accountant General and Nazim district council.
Local governments shall publish annual accounts for public
information.
Accounts Committees of the respective local councils shall
hold public hearings to consider audit reports, objections to statement of
accounts and recommend appropriate action to the local council.
Audit.---(1) The Auditor General of Pakistan shall, on the
basis of such audit as he may consider appropriate or necessary, certify the
accounts compiled and prepared by the respective accounts officials of local
governments for each financial
year, showing annual receipts and disbursements for the
purposes of each local government and shall submit certified accounts with such
notes, comments or recommendations as he may consider necessary to the
Government and Nazim of the respective local council.
The Nazim shall cause the audit report to be submitted to
the respective local council and the local council shall refer it to its
Accounts Committee for examination.
Every district government and tehsil municipal
administration shall publish its annual audit report for information of public.
Every Nazim, district council and tehsil council shall
appoint an Internal Auditor as principal support person for provision of information
to him and members of the respective local council on fiscal performance of the
local government.
CHAPTER – IX
LOCAL GOVERNMENT PROPERTY
Ownership of property.---(1) Subject to any conditions
imposed by Government, the property specified hereunder shall vest in the
respective local government if it is-
vested in a local government through succession;
transferred to the local government by the Government or any
other authority, organization or an individual; and
constructed or acquired by a local government with its
title.
The properties of Government in possession of the local
councils established under the Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa. Act. No. VIII of 2012), shall pass on to their successors
as provided in this Act till varied by Government.
The local government shall, subject to policy of Government
or contractual obligations, make bye-laws 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.
Subject to other provisions of this Act, Government shall
not, except with the prior consent of the local government concerned,
reallocate or in any manner divest title
of properties vested in that local government under this Act.
Stock taking by the Nazim.---(1) Every Nazim shall, on
assumption of his office and thereafter, once in every year on a date fixed by
him, take physical stock of movable and immovable properties of the local
government and present a report to the local council.
The report shall contain-
particulars of the properties held during the preceding
year;
total value of the property and annual return there from;
particulars of unserviceable articles and losses if any; and
plans for utilization, development and improvement during
the following year.
Use and disposal of properties.---(1) Properties of local
government shall be used only for public purposes.
Immovable properties of local government shall not be sold
or permanently alienated:
Provided that such properties may be given on lease through
competitive bidding in public auction for a period to be determined by 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, tehbazari
ticket, handcart passes or certificate issued by any authority at any time in
this respect shall stand withdrawn and shall be deemed cancelled.
Movable property of a local government which is required to
be disposed of and all articles declared unserviceable shall be sold through
competitive bidding in public auction.
Personal responsibility with regard to loss and waste.---(1)
Every official or servant of a local government, every member of a local
council, and every person charged with administration and management of
property of a local government shall be personally responsible for any loss or
waste, financial or otherwise, of any
property belonging to a local government which is a direct consequence
of decisions made by him personally or under his directions in violation 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 respective Accounts Committee and such
amount shall be recoverable as arrears of land revenue.
(2) Any person aggrieved by
the imposition of
liability under sub-
section (1) may prefer an appeal to Government 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 – X
LOCAL GOVERNMENT TAXATION
Imposition, notification and enforcement of Taxes.---(1) A
local government subject to the provisions of any other law may, and if
directed by Government shall, levy all
or any of the taxes and levies specified in the Third Schedule.
No tax shall be levied without previous publication of the
tax proposal inviting and hearing public objections and approval of the
respective local council.
A local government may reduce, suspend or abolish a tax.
Where a tax is levied or modified, the local government
shall specify the date for the enforcement thereof, and such tax or the
modification shall come into force on such date.
Government shall have power to direct a local government to
levy any tax, increase or reduce any such tax or the assessment thereof and
suspend or abolish the levy of any tax.
Model Tax Schedule.--- Government may frame Model Tax
Schedules and when such schedules have been framed a local government shall be
guided by them in levying a tax.
Rating Areas and Property Tax.---(1) On commencement of this
Act, every tehsil shall be rating area within the meaning of the Khyber
Pakhtunkhwa Urban Immovable Property Tax Act, 1958 (W.P. Act V of 1958).
The rate of property tax in an area within a tehsil shall be
subject to approval of respective tehsil council:
Provided that in the areas within a tehsil where rate has
not been determined, the areas shall be deemed to be exempted from property tax
till determination of the rate.
Unless varied under sub-section (2) above, the existing
rates in the areas within a tehsil shall remain in force.
Explanation.--- For the purpose of this section the “rate”
shall mean the tax leviable under the Khyber Pakhtunkhwa Urban Immovable
Property Tax Act, 1958 (W.P. Act V of 1958).
Collection and recovery of taxes.---(1) Failure to pay any
tax and other money claimable under this Act shall be an offence.
All arrears of taxes, rents and other moneys claimable by a
local government under this Act shall be recoverable as arrears of land
revenue.
Government may empower any local government to recover arrears
of taxes or any other moneys claimable by the local government 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.
Government may specify the officials or classes of officials
by whom the power under sub-section (3) shall be exercised and prescribe the
manner in which it shall be exercised.
Liability on account of taxes.---(1) A local government may
by notification, call upon 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 to a
tax.
Any official of a local government authorized in this
behalf, may after due notice, enter upon any building or premises for the
purpose of assessing the liability of such building or premises to any tax, or
inspecting any goods or animals therein liable to any tax.
Any official of a local government 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.
Deduction of taxes from salaries.--- If a local government
levies a tax on professions, trades or callings, it may require the employer of
the person liable to such tax to deduct the tax from the salary or wages
payable to such person, and on such requisition the amount of the tax due shall
be deducted from the salary or wages of the persons concerned and credited to
the Fund of the local government.
Petitions against valuation and assessment.--- No assessment
of a tax under this Act or valuation there for, or the liability of a person to
be so taxed, shall be called in question except by a petition presented to such
authority, in such manner and within such period as may be prescribed.
Taxation rules.--- All taxes and other charges levied by a
local government shall be imposed, assessed, leased, compounded, administered
and regulated in such manner as may be prescribed by rules which may, among
other matters, provide for the obligation of the tax payer and the duties and
powers of the officials responsible for the assessment and collection of taxes.
Local governments not to incur debt.---(1) No local
government shall incur any debt.
(2) No monies of the local government shall be invested in
securities other than those floated or approved by the Government.
CHAPTER – XI
PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS
Constitution of Provincial Finance Commission.---Government
shall constitute a Provincial Finance Commission hereinafter referred to as
“Finance Commission”.
Composition of the Finance Commission.---(1) The Finance
Commission shall consist of the following members:
Minister for Finance Department, who shall be the Chairman
of the Finance Commission;
Minister for Local Government, Elections and Rural
Development Department;
two members of the Provincial Assembly of Khyber
Pakhtunkhwa, one each nominated by the Chief Minister and Leader of Opposition
in the said Assembly;
Secretary to Government, Finance Department;
Secretary to Government, Planning and Development
Department;
Secretary to Government, Local Government, Elections and
Rural Development Department;
Secretary to Government, Law, Parliamentary Affairs and
Human Rights Department;
two Nazimeen, district councils elected by Nazimeen district
councils in the province; and
two Nazimeen, tehsil councils elected by Nazimeen of tehsil
councils in the province.
The Finance Department shall provide secretariat support to
the Finance Commission and provide annual statement on transfer of funds in
accordance with recommendations of the Finance Commission.
No proceedings or act of the Finance Commission shall be
invalid merely on the ground of existence of a vacancy in its composition.
Subject to this Act, the Finance Commission shall regulate
its procedure and business.
Functions of the Finance Commission.---(1) The Finance
Commission shall make recommendations to the Government on:
the amount of grant for local governments out of the
proceeds of Provincial Consolidated Fund in a financial year in addition to the
grant in lieu of Octroi and Zilla Tax:
Provided that in addition to the establishment charges
budgeted for the devolved functions and transfers in lieu of Octroi and Zilla
Taxes, the development grant for local governments shall be so determined that
it is not less than thirty percent of the total development budget of the
province in the respective year;
formula for distribution of the grant among local
governments in the province:
Provided that the development grant for village and
neighbourhood councils shall be determined on the basis of population;
the amount of special grants for local governments with
modalities and conditions to access the facility;
grants in aid to local governments in need of assistance;
and
matters relating to local government finance.
While making recommendations, the Finance Commission shall
take into account the principles of fiscal need, fiscal capacity, fiscal effort
and fiscal performance of local governments.
The Finance Commission shall also take into consideration
poverty, population, lag in infrastructure and revenue base of local
governments as factors while formulating its recommendations.
The Finance Commission shall present to the Government
annually a report on the analysis of fiscal transfers, the situation of
own-source revenue in local governments and the reach and quality of their
services and the Government shall cause the report to be laid before the
Provincial Assembly.
CHAPTER – XII SUPERVISION OF LOCAL GOVERNMENTS
Local Government Commission.---(1) Government shall appoint
a Local Government Commission, which shall consist of-
Minister for Local Government, Elections and Rural Development
Department, who shall be the Chairman of the Local Government Commission;
two members of the Provincial Assembly, one each nominated
by the Chief Minister and Leader of Opposition in the Provincial Assembly;
two eminently qualified and experienced technocrats
including a woman selected by Government for a period of three years;
Secretary to Government, Law, Parliamentary Affairs and
Human Rights Department; and
Secretary to Government, Local Government, Elections and
Rural Development Department.
The Local Government Commission may, for any specific
assignment, co-opt any other person as member; provided that, when it is seized
with an inquiry against a Nazim, it shall be mandatory for the Local Government
Commission to co- opt a disinterested Nazim, district council as member.
Government shall provide separate budget for the Local
Government Commission with Director General, Local Government and Rural
Development as Principal Accounting Officer, who shall provide secretarial
support and render assistance to the Local Government Commission.
No act or proceedings of the Local Government Commission
shall be invalid by reason or existence of any vacancy, or defect, in its
constitution.
Functions of the Local Government Commission.---(1) Functions
of the Local Government Commission shall be to:
conduct annual and special inspections of local governments
and submit reports to the Government;
conduct, on its own initiative or, whenever, so directed by
the Chief Minister or, whenever, a reference is made by a Nazim, district
council, an inquiry by itself or through district government into any matter
concerning a local government;
resolve disputes between local governments;
submit to the Chief Minister an annual report on the
over-all performance of district governments and tehsils municipal
administration; and
take cognizance of violations of laws and rules by a local
government.
Where the Local Government Commission is of the opinion that
suspension of a Nazim, Naib Nazim or a member of a local council is necessary
for the purposes of a fair enquiry or preventing him from continuing with any
unlawful activity during an enquiry, it may recommend to the Chief Minister for
suspension of such Nazim, Naib Nazim or a member of a local council, as the
case may be, for a maximum period of thirty days.
Where, on an enquiry, the Local Government Commission holds
a Nazim, Naib- Nazim, or a member of a council guilty of misconduct, it shall
recommend appropriate action, including his removal, to the Chief Minister.
The Local Government Commission shall have the same powers
as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V
of 1908), in respect of the following matters, namely:
summoning and enforcing attendance of any person and
examining him on oath;
compelling production of documents;
receiving evidence on affidavits; and
issuing commission for the examination of witnesses.
Responsibility of the Local Government Commission.---The
Local Government Commission shall be responsible to the Chief Minister.
Relations of Government with District Government.---(1)
District government shall carry out its functions in accordance with provisions
of this Act and the rules made there under.
(2) Government may provide guidelines and render advice
to Nazim, district council for achieving
the ends of Government policy and for promoting
economic, social and environmental security of the province.
Directions by Chief Minister.---The Chief Minister, may by
himself or through any officer specifically authorized by him, issue directives
in public interest to a Nazim, district council for implementation and if he
fails to comply with the directions, the Chief Minister may require the Chief
Secretary to take such action as the situation may necessitate.
Suspension and removal of a Nazim.---(1) Where, in the
opinion of the Chief Minister, a Nazim is deliberately avoiding or abstaining
wilfully or failing to comply with directions given under this Act, the Chief
Minister may, for reasons to be recorded and conveyed in writing, suspend him
for a period not exceeding thirty days and refer the matter to the Local
Government Commission for enquiry.
During the course of enquiry, the Local Government
Commission shall provide an opportunity of personal hearing to the suspended
Nazim and shall submit its report along with its recommendations which may
include removal of the Nazim to the Chief Minister for appropriate action in
light of such recommendations.
During the period of suspension of the Nazim, the Naib Nazim
shall act as Nazim and in case no decision is taken within thirty days from the
date of suspension of the Nazim, he shall stand re-instated to his office.
Setting aside an order of Nazim District Council.---(1)
Where, in the opinion of the Chief Minister, an order or decision of the Nazim,
district council is not in conformity with law or is against the interest of
the people, he may, for reasons to be recorded and conveyed to the concerned
Nazim, district council, suspend such order or, as the case may be, decision,
refer the matter to the Local Government Commission for enquiry to be completed
within sixty days and may on receipt of the report, quash the order or decision
of the Nazim, district council, if it is so recommended by the Local Government
Commission:
Provided that, if no action is taken within sixty days of
suspension of the order or decision of the Nazim, district council, such order
or, as the case may be, decision shall stand restored.
(2) The quashment of an order or decision referred to in
sub-section (1) shall be notified by
Government in official Gazette.
Internal controls, inspection and supervision.---(1) Nazim,
district council may, with the approval of district council, designate
inspecting officers to objectively examine the performance of a tehsil
municipal administration, village council and neighbourhood council in relation
to service delivery.
Inspection reports prepared on specified format and
containing evaluation of performance in relation to achievement of targets,
responsiveness to citizens’ difficulties, efficiency in delivery of services
and transparency in functioning, shall be presented to the district council.
If the district council resolves that the situation requires
action against the concerned Nazim, Naib Nazim or member of the concerned local
council, it may require Nazim, district council to refer the matter to the
Local Government Commission.
In all other cases, the Nazim, district council may require
the respective Nazim to take appropriate remedial action.
Setting aside an order of Nazim, Tehsil Council.---(1) On a
motion initiated by Nazim, district council, a district council may, by a
resolution stating the grounds thereof, passed by a simple majority of its
total membership, set aside an order or decision of general application taken
by Nazim, tehsil council or resolution of the tehsil council, as the case may
be, if it considers the same to be inconsistent with law or against the
interest of the people or public policy.
(2) The result of the approval of the resolution of district
council shall be notified by district government.
Setting aside decisions of Nazim, Village Council and
Resolution of Village Council etc.---(1) On a motion initiated by Nazim, tehsil
council, a tehsil council may, by a resolution stating the grounds thereof,
passed by simple majority of its total membership, set aside an order or
decision taken by Nazim, village council, Nazim, neighbourhood council, or a
resolution of village council or, as the case may be, a resolution of
neighbourhood council in the tehsil, if it considers the same to be
inconsistent with law or against the interest of the people or public policy.
(2) The result of the resolution referred to in sub-section
(1), shall be notified by the tehsil municipal administration.
Suspension of Resolutions and Proceedings.---Where in the
opinion of Government anything done or intended to be done as a result of a
resolution of a local council is not in conformity with law, Government for
reasons to be recorded may suspend the execution of such resolution and
prohibit the doing of anything resolved to be done.
Conduct of members of the Local Councils.---(1) The Code of
Conduct Committee in each local council shall ensure adherence of all members
of the local councils, Nazimeen and Naib Nazimeen to the prescribed code of
ethics for promoting their honest, responsible and efficient functioning and
behavior.
(2) The Code of Conduct Committee shall monitor the conduct
of the elected representatives and report incidents of inefficiency and
corruption to the
concerned local council which may invoke proceedings of
disqualification against such member.
CHAPTER – XIII
LOCAL GOVERNMENT RESPONSIBILITY FOR ENFORCEMENT OF LAWS
Offences, punishments and their cognizance.---(1) The
offences specified in Fourth and Fifth Schedules shall be liable to punishment
by way of imprisonment, fine, seizure, forfeiture, confiscation, impounding and
such other penalties as are provided in this Act.
Whoever commits any of the offences specified in-
Part-I of the Fourth Schedule shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to fifty thousand rupees, or with both and, where an accused was
directed by the Enforcement Officer for immediate discontinuance of the
offence, the Court may impose a further fine which may extend to one thousand
rupees for every day for the period the accused has persisted in the offence
from the date of its commission;
Part-II of the Fourth Schedule shall be punishable with
imprisonment which may extend to six months or fine which may extend to five
thousand rupees, or with both and, where an accused was directed by the
Enforcement Officer for immediate discontinuance of the offence, the Court may
impose a further fine which may extend to two hundred rupees for every day for
the period the accused has persisted in the offence from the date of its
commission; and
Fifth Schedule shall in the first instance, be liable to
fine by issuing a ticket specified in the Sixth Schedule and, where an accused
repeats the offence within a period of two months for which he was fined, he
shall be liable to the same punishment as provided in clause (b).
The offences specified in clause (a) of sub-section (2) shall
be cognizable and information in this regard shall be reported to the
respective police station for registration of a case against the accused.
A Court shall take cognizance of the offences specified in
clause (b) of sub-section (2) on a complaint made in writing by Enforcement
Officer.
The offences specified in Part II of the Fourth Schedule and
Fifth Schedule shall be tried in a summary manner in accordance with the
provisions of section 260 to 265 of the Code of Criminal Procedure,1898 (Act V
of 1898), but the limit of punishment mentioned in sub-section (2) of section
262 thereof shall not be applicable.
Government may, by notification in the official Gazette,
entrust to a local government the enforcement responsibility of any other law
for the time being in force.
Appointment and control of Enforcement Officers.---(1) On a
motion initiated by its Nazim, the district council or, as the case may be, the
tehsil council shall designate officers as Enforcement Officers for the
offences specified in Fourth and Fifth Schedules.
(2) The district government shall notify Controlling
Authority for the Enforcement Officers.
Imposition of fine through ticketing.---(1) Where any
person, in the opinion of an Enforcement Officer, is contravening any provision
of the law relating to the offences specified in Fifth Schedule, he shall
charge the accused by issuing a ticket in the form specified in Sixth Schedule
for payment of fine, if such offence has been committed for the first time in
two months.
The ticket shall be issued in quadruplicate by delivering
three copies to the accused after obtaining his signatures or thumb impression
on the fourth copy to be retained by the Enforcement Officer for record.
The person to whom a ticket has been issued under this section
may either contest the imposition of fine in the Court within ten days from the
date of the issuance of the ticket or deposit the fine within that period and
provide a copy of payment receipt to the Enforcement Officer.
The fine may be deposited in the designated Bank Account of
the local government within ten days from the date of imposition for credit in
the Fund of the local government:
Procedure for default in deposit of fine.---(1) The
Enforcement Officer shall, on daily basis, provide a scroll of all unpaid
tickets to the Controlling Authority, who shall forward the same to the court
having jurisdiction in the cases.
The court receiving the scroll shall issue summons to the
accused forthwith stating date of hearing for trial as enumerated in section
66.
Where on the first date of hearing, the accused appears
before the court and produces proof of deposit of fine, or unconditionally
admitting his failure, deposits the fine forthwith along with the penalty which
shall not be less than ten percent and not more than twenty five percent of the
amount of fine as determined by the court in accordance with the procedure
provided in sub-section (2) of section 388 of the Code of Criminal
Procedure,1898 (Act V of 1898) further proceedings against the accused may be
dispensed with and no conviction shall be recorded against him.
Upon failure of the accused to appear before the court in
response to the summons, the court shall forthwith issue warrants for arrest of
the accused and upon issuance of such warrants the accused will be liable to
punishment under clause (b) of sub-section (2) of section 66.
The fines imposed by a court for an offence specified in
Fifth Schedule shall on collection be deposited in the Fund of the respective
local government.
Municipal Wardens.---(1) With prior approval of Government,
the city district government and tehsil municipal administration may establish
and maintain municipal wardens;
(2) Government may, notwithstanding anything contained in
the Police Order, 2002, or in any other law, specify the duties which the
municipal wardens may be required to perform.
General Powers of Enforcement Officers.---(1) In case of any
serious threat to the public health, safety or welfare or danger to life and
property, or where violation of any rule or bye-law is being committed, the
Enforcement Officer may, in his area of jurisdiction, in addition to imposition
of fine or initiating prosecution under this Act-
suspend any work;
seize the goods;
seal the premises;
demolish or remove work; or
issue directions for taking corrective measures within a
specified time.
An Enforcement Officer shall not enter any dwelling unit
without permission of the occupier or search warrant from a court competent
jurisdiction.
An Enforcement Officer may, in relation to the offences
specified in Fourth and Fifth Schedules-
issue notices in writing on behalf of the local government;
initiate legal proceedings in court; and
assist in defending legal proceedings against the local government.
Registers, reports and enforcement Gazette.---(1) District
government shall specify registers for maintaining record of cases and forms
for monthly reports regarding enforcement activities.
(2) The Controlling Authority shall periodically review
enforcement effort, compile reports and publish quarterly District Enforcement
Gazette.
Police support to Enforcement Officers etc.---A local
government may requisition a police contingent on deputation or payment of
charges in accordance with the provisions of Police Order, 2002 (Chief
Executive’s Order No. 22 of 2002).
CHAPTER – XIV LOCAL COUNCIL ELECTIONS
Franchise, Wards and Electoral College.---(1) Save as
otherwise provided, election of members of village council, neighbourhood
council, tehsil council and district council shall be held on the basis of
adult franchise and joint electorate.
Wards for the general seats in tehsil council and district
council shall be single member territorial wards.
Each tehsil or, as the case may be, each district shall be a
single ward for all seats reserved for women, peasants and workers, youth and
non-muslims allocated to the tehsil or district in the respective parts of
Second Schedule.
Members to fill seats reserved for women, peasants and
workers, youth and non-muslims in the tehsil council and district council shall
be elected through proportional representation system of political parties’
list of candidates on the basis of the total number of general seats secured by
each political party in the respective local council.
The Electoral College for the election of Nazim and
Naib-Nazim, District Council shall be members of the District Council.
The Electoral College for the election of Nazim and
Naib-Nazim Tehsil Council shall be members of the Tehsil Council.
Elections to District Councils and Tehsil Councils shall be
held on party basis and a political party shall be eligible to obtain an
election symbol for contesting these elections.
Explanation: --- For the purpose of this section:
the expression “total number of general seats secured by
each political party” shall include independent returned candidates or
candidates who may duly join such political party within three days of the
publication in the official Gazette of the names of returned candidates and
delivers an acceptance letter from the Party Leader addressed to the respective
District Returning Officer.
all members of the respective local councils notified as
returned candidates in the elections held under this Act shall be deemed to be
members of the electoral college.
the term “Political Party” shall have the same meaning as
assigned to it in the Political Parties Order, 2002 (Chief Executive’s Order
No.
18 of 2002) and the provisions of the said Order shall
mutatis mutandis apply to political parties contesting election to district and
tehsil councils.
the term election symbol shall have the same meaning and
connotation as assigned to it in the Allotment of Symbols Order, 2002.
Authority for Local Council Elections.---(1) Election to the
local councils shall be held by the Election Commission of Pakistan,
hereinafter referred to as Election Commission.
The Election Commission may require any person or authority
to perform such functions or, render such assistance for the purpose of
elections, including preparation of electoral rolls and disposal of election
petitions and other disputes under this Act as deemed fit.
The Election Commission may authorize any of its officers to
exercise any of its powers and to perform any of its functions under this Act.
It shall be the duty of all executive authorities in the
province to assist the Election Commission in the discharge of its functions.
Other powers and functions of the Election Commission.---The
Election Commission shall also exercise such other powers and perform such
other functions as may be prescribed.
Preparation of Electoral Rolls.---(1) A person shall be
entitled to be enrolled as a voter if he-
is a citizen of Pakistan;
is not less than eighteen years of age; and
fulfils such other conditions as the Election Commission may
specify.
The electoral rolls for the local council elections shall be
prepared or adopted by the Election Commission in the manner it may deem
appropriate 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.
Every person whose name is entered in the electoral roll for
a local council, and no person whose name is not so entered, shall be entitled
to cast a vote at an election to the local council.
Qualifications for candidates and elected members.---(1) A
person shall qualify to be elected or to hold an elective office or membership
of a local council, if he-
is a citizen of Pakistan;
is at least twenty one years of age;
is enrolled as a voter in the electoral rolls of the
relevant ward or a council;
is of good character and is not commonly known as one who
violates Islamic injunctions; has adequate knowledge of Islamic
teachings and practices, obligatory duties prescribed by
Islam as well as abstains from major sins; provided that these qualifications
shall not apply to a person who is a non-muslim, but such a person shall have a
good reputation;
has not been declared by a competent court to be of unsound
mind;
is not in the service of the federal, a provincial or a
local government or, any statutory body or a body which is controlled by any
such government or, in which any of such governments 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;
has not been dismissed, removed or compulsorily retired from
public service on the grounds of moral turpitude, unless a period of five years
has elapsed since his dismissal, removal or compulsory retirement;
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
de-facto control of such assets including their sale, transfer or pecuniary
interest, is retained by him;
has not been adjudged a willful defaulter of any tax or
other financial dues owed to the federal, a provincial, or a local government
or any financial institution, including utility bills outstanding for six
months or more;
has not been convicted by a court of competent jurisdiction
on a charge of corrupt practice involving moral turpitude or misuse of power or
authority under any law for the time being in force, unless a period of five
years has elapsed since his released;
has not been sentenced to imprisonment for more than three
months for an offence under any law and, 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;
has not failed to file the required return of election
expenses or is not convicted for exceeding the limits of election expenses
prescribed under the electoral laws and rules;
has not been declared an un-discharged insolvent by any
court;
does not engage in any transaction involving pecuniary
interest with the local government of which he is a member;
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 a national
emergency or force majeure;
does not fail to attend a mandatory training course as
required under this Act;
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; and
has not used, directly or indirectly, for his election the
platform, flag, symbol, affiliation and financial or material resources or
support of an ethnic or sectarian or proscribed party, formation or
organization.
Whoever-
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 governments for a period of three
years; or
having been elected as a member of a local council or a
holder of an elective office of the local government 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 member and
stand disqualified from being a candidate for election to a local council for a
period of three years.
If any question arises whether a member of a local council
has become disqualified from being a member, the Nazim, unless he decides that
no such question has arisen, shall refer
the question to the Election Commission within fifteen days and should he fail
to do so within the aforesaid period it shall be deemed to have been referred
to the Election Commission.
The Election Commission shall decide the question within
ninety days from its receipt or deemed to have been received and if it is of
the opinion that the member has become disqualified, he shall cease to be a
member and his seat shall become vacant.
Term of office, first meeting, election of Nazim or Naib-
Nazim and conduct of business in Local Council.---(1) The term of office of a
local council shall be four years commencing on the date on which it holds its
first meeting:
Provided that the first meeting shall be held not later than
fifteen days from the day on which the names of its members are notified.
Save as otherwise provided, a local council shall in its
first meeting and to the exclusion of any other business elect from its members
a Nazim and Naib Nazim by open division.
Government shall notify the assumption of offices by Nazimeen,
Naib- Nazimeen and members of the local councils.
Every local council shall meet at least once in every month
and regulate its business in accordance with bye-laws made by it:
Provided that district council shall be in session for at
least forty five accumulated days in a year.
Save as otherwise provided, all meetings of the local
council shall be convened by the respective Nazim and shall be presided over by
the Naib Nazim.
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 and a copy of each resolution shall be transmitted to the
Government.
Quorum for the meetings of local council shall be thirty
three percent of its total membership.
Meetings of the local council shall be open to public,
unless the local council, by a resolution, decides to hold any meeting in
camera.
Minutes of the meetings of the local council shall be
recorded and maintained by Secretary of the local council:
Provided that Assistant Director, Local Government and Rural
Development in the district shall act as Secretary of the district council and
shall be responsible for coordinating matters relating to secretarial functions
of village and neighbourhood councils in the district.
Oath of office and declaration of assets.---(1) A member, a
Nazim and Naib-Nazim shall, before taking his seat, make and subscribe to an
oath in such form as may be specified.
(2) Every Nazim, Naib-Nazim and member shall, after taking
oath of office, declare his assets in the manner prescribed.
Casual vacancy.---(1) If the office of a member or a Nazim
and Naib-Nazim for any reason, falls vacant during the term of office of a
local council, a new member or a Nazim and Naib-Nazim, as the case may be, shall
be elected in the prescribed manner within ninety days from the date such
vacancy is notified and he shall hold office for the residue of such term.
(2) 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.
Resignation.---(1) A member of a local council may resign
his office by tendering resignation in writing to the Nazim of a local council
of which he is a member.
A Nazim village council or neighbourhood council, may resign
his office by tendering resignation in writing to the Nazim of respective
tehsil council.
A Nazim, tehsil council or, as the case may be, district
council, may resign his office by tendering resignation in writing addressed to
the Chief Minister.
The resignations so tendered shall deem to be accepted and
effective forthwith.
Copies of all resignations shall be forwarded to the
Election Commission.
Removals.---(1) Where proceedings of disqualification have
been initiated on an application made by any person or by the Election
Commission on its own motion against a member, Nazim, or Naib-Nazim, the
Election Commission or any authority authorized by it may issue a notice to him
to show cause, within a specified period as to why proceedings against him may
not be taken for his removal.
Where the Election Commission or an authority authorized by
it is not satisfied with the reply to the notice or any reply to the said
notice is not filed within the specified period, it may order for an enquiry in
the matter and for that purpose appoint an enquiry officer.
On the basis of enquiry, the Election Commission or an
authority authorized by it may order the removal of a member, Nazim, or, as the
case may be, Naib- Nazim:
Provided that before an order of removal is passed, member,
Nazim, or, as the case may be, Naib-Nazim against whom enquiry proceedings are
carried out shall be afforded a reasonable opportunity of being heard,
including personal hearing if so requested.
Vote of no-confidence.---A Nazim and Naib-Nazim, shall cease
to hold office if a vote of no-confidence is passed against him in the
prescribed manner by two third majority of the total number of members of the
local council electing him ascertained
through open division:
Provided that-
a motion of no-confidence shall not be moved before the
expiry of six months of his assumption of office as Nazim and Naib- Nazim; and
where a motion of no-confidence against a Nazim and Naib-
Nazim has been moved and has failed to secure the requisite majority of votes
in its favour at the meeting, no similar motion shall be moved against him
before the expiry of six months from the date such motion was moved.
Bar against dual membership.---A Nazim, Naib- Nazim or
member of a local council may contest election for any political office after
resigning from his respective existing office before filing of his nomination
papers.
Notification of election, resignation and removal of Nazim,
Naib- Nazim, members, etc.---Every election, resignation or removal of a Nazim,
Naib- Nazim, or
a member, or the vacation of office by them shall be
notified by the Election Commission.
Election Petition and Election Tribunal.---(1) No election
under this Act shall be called in question, except by an election petition made
by a candidate for the election.
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.
Subject to the provisions of this Act, every election
petition shall be made and tried in such manner as may be specified by the
Election Commission.
The Election Tribunal shall have all the powers of a Civil
Court trying a suit under the Code of Civil Procedure, 1908 (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).
Corrupt practice.---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 one hundred thousand rupees, or with both.
Bribery.---A person is guilty of bribery, if he, directly or
indirectly, by himself or by any other person on his behalf-
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;
gives, offers or promises any gratification to any person
for the purpose of-
inducing a person to be or to refrain from being a candidate
at an election; or
inducing a voter to vote or refrain from voting at any
election; or
inducing a candidate to withdraw or retire from an election;
or
rewarding a person for having been or for having refrained
from being a candidate at an election; or
rewarding a voter for having voted or refrained from voting
at an election; or
rewarding a candidate for having withdrawn or retired 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.---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.---A person is guilty of undue influence, if
he-
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-
makes or threatens to make use of any force, violence or
restraint;
inflicts or threatens to inflict any injury, damage, harm or
loss; or
uses any official influence or governmental patronage; or
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
by abduction, duress or any fraudulent device or
contrivance-
impedes or prevents the free exercise of the franchise by a
voter; or
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.---A person is guilty of illegal practice
punishable with fine which may extend to ten thousand rupees, if he-
obtains or procures, or attempts to obtain or procure, the
assistance of any officer or official of the federal government, Government or
a local government or authority to further or hinder the election of a
candidate;
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;
votes or applies for a ballot paper for voting more than
once at any polling station;
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;
knowingly induces or procures any person to do any of the
aforesaid acts; or
fails to provide statement of election expenses as required
under this Act;
makes or publishes a false statement-
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;
relating to the symbol of a candidate whether or not such
symbol has been allocated to such candidate; or
regarding the withdrawal of a candidate;
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; and
causes or attempts to cause any person present and waiting
to vote at the polling station to depart without voting.
Prohibition of canvassing.---A person is guilty of an
offence punishable with fine which may extend to ten thousand rupees, if he, on
the polling day in connection with the election-
convenes, calls or organizes within a ward any meeting; or
within a radius of two hundred meters of the polling
station-
canvasses for votes;
solicits vote of any voter;
persuades any voter not to vote at the election or for a
particular candidate; or
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 near polling station.---A person is
guilty of an offence punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to ten thousand rupees, or with
both, if he-
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
persistently shouts in such manner as to be audible within
the polling station; or
does any act which-
disturbs or causes annoyance to any voter visiting a polling
station for the purpose of voting; or
interferes with the performance of the duty of a presiding
officer, polling officer or any other person performing any duty at a polling
station; or
abets the doing of any of the aforesaid acts.
Tampering with papers.---A person is guilty of an offence
punishable with 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:
fraudulently defaces or destroys any nomination paper or
ballot paper;
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;
without due authority-
supplies any ballot paper to any person;
destroys, takes, opens or otherwise interferes with any
ballot box or packet or ballot papers in use for the purpose of election; or
breaks any seal affixed in accordance with the provisions of
the rules; or
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
fraudulently or without due authority attempts to do any of
the aforesaid acts.
Interference with secrecy of voting.---A person 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:
interferes or attempts to interfere with a voter when he
records his vote;
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
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 secrecy.---Any candidate or polling
agent attending a polling 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-
fails to maintain or aid in maintaining the secrecy of
voting; or
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 officials.--- A presiding officer, polling
officer or any other officer 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 twenty thousand rupees, or with both, if he, during
the conduct or management of an election or maintenance of order at the polling
station:
persuades any person to give his vote;
dissuades any person from giving his vote;
influences in any manner the voting of any person;
does any other act calculated to further or hinder the
election of a candidate;
fails to maintain or aid in maintaining the secrecy of
voting;
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
communicates any information obtained at the counting of
votes as to the candidate for whom any vote is given by any particular ballot
paper.
Breach of official duty in connection with election.---A
presiding officer, assistant presiding officer, or any other person employed by
any such officer in connection with his 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 which may extend to fifty thousand
rupees, or with both, if he, willfully and without reasonable cause, commits
breach of any such official duty, by act or omission.
Assistance by Government servants.---A person in the service
of Government, the federal government, a local government, or a body owned or
controlled by the Government, federal government or a local government is
guilty of an offence punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to twenty 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.---All offences under this Chapter except the
offence of corrupt practice shall be tried summarily under the provisions of
the Code of Criminal Procedure 1898 (Act V of 1898).
Cognizance.--- No court shall take cognizance of the
offences relating to conduct of officials and breach of official duty except on
the complaint in writing of the Returning Officer concerned.
Prosecution of offences under this Chapter.---Save as
otherwise provided no court shall take cognizance of an offence under this
chapter except upon a complaint in writing made by order or, or under authority
from, the Election Commission.
CHAPTER – XV MANAGING TRANSITION
Administrative Transition.---(1) On coming into force of
this Act, any office, authority or municipal body set up or controlled by
Government shall continue providing services without any interruption during
the devolution process or its entrustment to any local government under this
Act.
(2) All functionaries of district councils, municipal
corporation, municipal committees and union councils set up under the Khyber
Pakhtunkhwa Local Government Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of
2012), shall continue to perform their respective duties and responsibilities
with the successor local government under this Act, until transferred to any
other local government.
Employees salaries not to be reduced on transfer, etc.---(1)
On allocation, re-allocation or transfer of the employees of the Government,
municipal corporation, district councils, municipal committees and union
councils or any other authority, agency or body to any local government
established under this Act, the salaries,
emoluments and pensions of such employees shall not be
reduced on such allocation, re-allocation or transfer.
(2) The Government shall ensure the payment of salaries, emoluments and pensions of the employees referred to in
sub-section (1), including the employees of the Local Council Service and the
Servants of Local Councils set up under the Khyber Pakhtunkhwa Local Government
Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of 2012) till such time as
Government may deem appropriate.
Bar on recruitments.---(1) During the transition period
specified in this Act and till the adjustment for optimal utilization of all
employees of the Government, Local Council Service and Servants of Local
Councils, no fresh recruitment shall be made to fill any vacancy in local
governments set up under this Act, except with the express sanction of
government;
Government shall make available the services of the
employees placed in its surplus pool for utilization in the offices devolved to
local governments.
Local governments shall utilize the services of the
employees of the local councils set up under the Khyber Pakhtunkhwa Local
Government Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of 2012) for meeting the
shortfall in the offices of local governments.
Financial transition.---(1) All taxes and rents which were
being charged, levied and collected by any office of Government, development
authority, agency or any local council, shall continue to be charged, levied
and collected under this Act by the successor local governments and every
person liable to pay such taxes and rents and accumulated arrears and
receivables shall continue to make payment thereof until revised, withdrawn or
varied under this Act.
(2) Where any local council established under the Khyber
Pakhtunkhwa Local Government Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of
2012), was receiving any grant or any compensation in lieu of octroi, toll tax,
export tax, or any other tax, the successor local government under this Act
shall continue to receive such grant or compensation.
Transitional timeframe.---All actions required for giving
effect to the provisions of this Act and transition to the local government
system set up there under shall be completed within one year of the
commencement of this Act.
CHAPTER – XVI MISCELLANEOUS
Complaint Cell.---Every district government, tehsil
municipal administration, village council and neighborhood council shall set up
a complaint cell for redressal of grievances within the ambit of their
responsibilities under this Act.
Training.---The Nazimeen, Naib-Nazimeen, members of the
local councils and functionaries in local governments shall attend training
courses for such periods and in such manner and at such places as may be
prescribed by Government.
Appeals.---Any person aggrieved by any order passed by a
local government or its functionaries, in pursuance of this Act or the rules or
bye-laws made there under, may appeal to such authority, in such manner and
within such period as may be specified.
Rules.---(1) Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
In particular and without prejudice to the generality of the
fore-going power, such rules may provide for all or any of the matters
specified in Part –I of Seventh Schedule.
The rules made under sub-section (1) shall be subject to
previous publication in the official Gazette and shall meet the following
considerations:-
consistency with the provisions of this Act, democratic
decentralization and subsidiarity;
enhancement of welfare of the people;
fairness and clarity; and
natural justice and due process of law.
Bye-laws.---(1) A district council, tehsil council, village
council and neighbourhood council may, in their ambit of responsibilities, make
bye -laws 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 Part-II of the Seventh Schedule:
Provided that the Government may make model bye-laws on any,
some or all of relevant subjects for the sake of uniformity.
Members and servants to be public servants.---All Nazimeen,
Naib- Nazimeen, members of the local councils, functionaries of the local
governments and every other person duly authorized to act on behalf of the
local governments shall be public servants within the meanings of section 21 of
the Pakistan Penal Code (Act XIV of 1860) and shall be subject to the
provisions of sections 161 to 169 of the said Code.
Delegation of Powers.---A Nazim may delegate any of his
powers, including financial powers, under this Act or the rules or bye-laws to
any of the officer in the local government fully or partly and subject to such
restrictions or conditions as he may deem fit, after approval by the local
council.
Action taken in good faith.---No suit, prosecution, or other
legal proceedings shall lie against any public servant serving in local governments
for anything done in good faith under this Act.
Explanation: The word “good faith” shall have the same
meaning as given to it in section 52 of the Pakistan Penal Code.
General powers of local governments, etc.---(1) Every local
government shall perform its functions conferred by or under this Act.
(2) Government shall specify general powers and standard
procedures to guide local governments in performance of their functions.
Local Council Board.---(1) Until otherwise decided by the
Government, the Local Council Board established, under the Khyber Pakhtunkhwa
Local Government Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of 2012), for the
administration of the Local Council Service and Servants of Local Councils
shall continue to function.
(2) Government shall, within one year after commencement of
this Act, provide for service structure of the Local Council Service and the
Servants of Local Councils including specification of posts to be filled
through Khyber Pakhtunkhwa Public Service Commission.
Act to override other laws on the subject.---The provisions
of this Act shall have overriding effect, notwithstanding anything contained in
any other law, on the subject, for the time being in force.
Repeal and saving.---(1) Soon after the commencement of this
Act, the Khyber Pakhtunkhwa Local Government Act, 2012 (Khyber Pakhtunkhwa Act
No. VIII of 2012) shall stand repealed and all local councils created under the
said law shall stand dissolved.
(2) Save as otherwise specifically provided, nothing in this
Act, or any repeal effected thereby shall affect or be deemed to affect
anything done, action taken, investigation or proceedings commenced, order,
rule, regulation, bye-laws appointment, conveyance, mortgage, deed, document or
agreement and contract made or saved, fee levied, tax imposed or assessed,
scheme prepared or executed, resolution passed, direction given, proceedings
taken or instrument executed or issued, under or in pursuance of any law
repealed or amended by this Act and any such thing, action, investigation,
proceedings, order, rule, regulation, bye-laws appointment, conveyance,
mortgage, deed, document, agreement, contract fee, tax, resolution, direction,
proceedings or instrument suits, right or claims shall, if in force at the
commencement of this Act and not inconsistent with any of the provisions of
this Act, continue to be in force, and have effect as if it were respectively
done, taken, commenced, made, directed, passed, given, executed instituted,
acquired or issued under this Act.
Succession.---(1) On commencement of this Act, the following
local governments shall succeed the rights, assets and liabilities of the local
councils established or continued under the Khyber Pakhtunkhwa Local Government
Act, 2012 (Khyber Pakhtunkhwa Act. No. VIII of 2012):
in the case of municipal corporation, municipal committee
university town and district council in Peshawar district by the city district
government, Peshawar;
in the case of district councils in districts other than
Peshawar, by the respective district governments;
in the case of municipal committees for urban areas in
districts other than Peshawar by the respective tehsil municipal
administration;
in case of union councils in rural areas of the province by
village councils to the extent of functions assigned to them within their area
of responsibility; and
in case of union councils in areas with urban
characteristics by the neighbourhood councils to the extent of functions
assigned to them within their area of responsibility.
The Local Government Elections and Rural Development
Department, Government of Khyber Pakhtunkhwa shall retain and continue to
exercise administrative control over Local Area Development Authorities in the
province.
Government or an officer designated by Government shall,
within one hundred and eighty days of the commencement of this Act, divide
rights, assets and liabilities of the local councils including adjustment of
the staff amongst local governments and the decision of Government or of the
designated officer shall be final.
Certain matters to be prescribed.---Where this Act makes any
provision for anything to be 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 specified.
Removal of difficulty.---Government may, by order, provide
for the removal of any difficulty which may arise in giving effect to the
provisions of this Act.
*****
FIRST SCHEDULE
[See section 12]
PART-A
Devolved Office
Primary and Secondary Education
Vocational Education
Special Education
Adult Education and Literacy
Mother and Child Health Care Centers
Basic Health Units
Rural Health Centers
Social Welfare
Community Development
Sports and Culture
Revenue & Estate
Agriculture (Extension)
Livestock
On-Farm Water Management
Soil Conservation & Soil Fertility
Fisheries
Cooperatives
Social and Farm-forestry
Hospitals other than District Headquarters, Teaching and Tertiary
Hospitals
Rural Development & Rural Works
Communication and Works, District Roads and Buildings
Public Health & Public Health Engineering
Population Welfare
Coordination, Human Resource Management, Planning,
Development, Finance and Budgeting functions for the devolved offices
PART –B
ADDITIONAL GROUP OF OFFICES IN CITY DISTRICT
Public Transport Public
transportation and mass transit
Passenger and freight transit terminals Traffic planning,
engineering and parking
Note: Depending upon the economies of scale and nature of
infrastructure the City District Government may vary grouping of offices
contained in Part-C and set up district municipal offices for integrated
development and management of the following services:
Water source development and management, storage, treatment
plants, and macro-distribution;
Sewage tertiary and secondary network, treatment plants, and
disposal;
Storm water drainage network and disposal;
Flood control protection and rapid response contingency
plans;
Natural disaster and civil defense planning;
Solid waste management, treatment and disposal, including
land fill sites and recycling plants;
Industrial and hospital hazardous and toxic waste treatment
and disposal;
Environmental control, including control of air, water, and
soil pollution in accordance with federal and provincial laws and standards;
Master planning, land use, zoning and classification, reclassification;
Urban design and urban renewal programme; promulgation of
building rules and planning standards;
Parks, forests, play grounds, sporting, and other
recreational facilities;
Museums, art galleries, libraries, community and cultural
centers;
Conservation of historical and cultural assets;
Landscape, monuments, and municipal ornamentation;
Urban and housing development, including urban improvement
and upgrading, and urban renewal and redevelopment, with care being taken to
preserve historical and cultural monuments;
Regional markets and city-wide commercial centers.
SECOND SCHEDULE
[ See sections 17 & 24]
Part-A
|
District
|
General
|
Women
|
Peasants/ Workers
|
Minorities
|
Youth
|
Total
|
|
Peshawar
|
92
|
31
|
5
|
5
|
5
|
138
|
|
Haripur
|
45
|
15
|
3
|
3
|
3
|
69
|
|
Nowshera
|
47
|
16
|
3
|
3
|
3
|
72
|
|
Charsadda
|
49
|
17
|
3
|
3
|
3
|
75
|
|
Swabi
|
56
|
19
|
3
|
3
|
3
|
84
|
|
Mardan
|
75
|
25
|
4
|
4
|
4
|
112
|
|
Kohat
|
32
|
11
|
2
|
2
|
2
|
49
|
|
Karak
|
21
|
7
|
2
|
2
|
2
|
34
|
|
Hangu
|
19
|
7
|
1
|
1
|
1
|
29
|
|
Bannu
|
49
|
17
|
3
|
3
|
3
|
75
|
|
Lakki Marwat
|
33
|
11
|
2
|
2
|
2
|
50
|
|
DI Khan
|
49
|
16
|
3
|
3
|
3
|
74
|
|
Tank
|
16
|
6
|
1
|
1
|
1
|
25
|
|
Abbottabad
|
51
|
17
|
3
|
3
|
3
|
77
|
|
Mansehra
|
59
|
20
|
3
|
3
|
3
|
88
|
|
Battagram
|
20
|
7
|
1
|
1
|
1
|
30
|
|
Swat
|
67
|
22
|
4
|
4
|
4
|
101
|
|
Buner
|
29
|
9
|
2
|
2
|
2
|
44
|
|
Shangla
|
28
|
10
|
2
|
2
|
2
|
44
|
|
Chitral
|
24
|
8
|
2
|
2
|
2
|
38
|
|
Dir-Upper
|
31
|
10
|
2
|
2
|
2
|
47
|
|
Malakand
|
28
|
10
|
2
|
2
|
2
|
44
|
|
Kohistan
|
39
|
13
|
2
|
2
|
2
|
58
|
|
Dir-Lower
|
41
|
13
|
2
|
2
|
2
|
60
|
|
Torghar
|
15
|
5
|
1
|
1
|
1
|
23
|
Part-B
|
Tehsil
|
General
|
Women
|
Peasants/ Workers
|
Minorities
|
Youth
|
Total
|
|
Peshawar
|
92
|
31
|
5
|
5
|
5
|
138
|
|
Charsadda
|
25
|
9
|
2
|
2
|
2
|
40
|
|
Tangi
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Shabqadar
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Nowshera
|
32
|
11
|
2
|
2
|
2
|
49
|
|
Pabbi
|
15
|
5
|
1
|
1
|
1
|
23
|
|
Kohat
|
25
|
9
|
2
|
2
|
2
|
40
|
|
Lachi
|
7
|
3
|
1
|
1
|
1
|
13
|
|
Karak
|
9
|
3
|
1
|
1
|
1
|
15
|
|
Banda Daud Shah
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Takht-e-Nusrati
|
7
|
3
|
1
|
1
|
1
|
13
|
|
Hangu
|
10
|
4
|
1
|
1
|
1
|
17
|
|
Thall
|
9
|
3
|
1
|
1
|
1
|
15
|
|
Bannu
|
43
|
15
|
3
|
3
|
3
|
67
|
|
Domel
|
6
|
2
|
1
|
1
|
1
|
11
|
|
Lakki Marwat
|
24
|
8
|
2
|
2
|
2
|
38
|
|
Sari Naurang
|
9
|
3
|
1
|
1
|
1
|
15
|
|
D.I Khan
|
21
|
7
|
2
|
2
|
2
|
34
|
|
Pahar Pur
|
11
|
4
|
1
|
1
|
1
|
18
|
|
Parwah
|
7
|
3
|
1
|
1
|
1
|
13
|
|
Kulachi
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Daraban (Kala)
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Tank
|
16
|
6
|
1
|
1
|
1
|
25
|
|
Mardan
|
46
|
16
|
3
|
3
|
3
|
71
|
|
Takht Bhai
|
17
|
6
|
1
|
1
|
1
|
26
|
|
Katlang
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Swabi
|
14
|
5
|
1
|
1
|
1
|
22
|
|
Lahor
|
11
|
4
|
1
|
1
|
1
|
18
|
|
Topi
|
11
|
4
|
1
|
1
|
1
|
18
|
|
Razzar
|
20
|
7
|
1
|
1
|
1
|
30
|
|
Abbottabad
|
35
|
12
|
2
|
2
|
2
|
53
|
|
Havailian
|
16
|
6
|
1
|
1
|
1
|
25
|
|
Haripur
|
37
|
13
|
2
|
2
|
2
|
56
|
|
Ghazi
|
8
|
3
|
1
|
1
|
1
|
14
|
|
Mansehra
|
36
|
12
|
2
|
2
|
2
|
54
|
|
Ogi
|
11
|
4
|
1
|
1
|
1
|
18
|
|
Ballakot
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Judbah
|
7
|
3
|
1
|
1
|
1
|
13
|
|
Hassanzai
|
8
|
3
|
1
|
1
|
1
|
14
|
|
Battagram
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Allai
|
8
|
3
|
1
|
1
|
1
|
14
|
|
Palas
|
13
|
5
|
1
|
1
|
1
|
21
|
|
Dassu
|
11
|
4
|
1
|
1
|
1
|
18
|
|
Pattan
|
10
|
4
|
1
|
1
|
1
|
17
|
|
Kandia
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Babuzai
|
17
|
6
|
1
|
1
|
1
|
26
|
|
Matta Shamozi
|
13
|
5
|
1
|
1
|
1
|
21
|
|
Khwazakhela
|
7
|
3
|
1
|
1
|
1
|
13
|
|
Behrain
|
8
|
3
|
1
|
1
|
1
|
14
|
|
Kabal
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Charbagh
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Bari Kot
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Alpuri
|
19
|
7
|
1
|
1
|
1
|
29
|
|
Puran
|
9
|
3
|
1
|
1
|
1
|
15
|
|
Dir-Upper
|
12
|
4
|
1
|
1
|
1
|
19
|
|
Kalkot
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Wari
|
9
|
3
|
1
|
1
|
1
|
15
|
|
Barawal
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Taimarghra
|
6
|
2
|
1
|
1
|
1
|
11
|
|
Samar Bagh
|
6
|
2
|
1
|
1
|
1
|
11
|
|
Adnezai
|
8
|
3
|
1
|
1
|
1
|
14
|
|
Lal Qila
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Khall
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Balambat
|
6
|
2
|
1
|
1
|
1
|
11
|
|
Munda
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Chitral
|
14
|
5
|
1
|
1
|
1
|
22
|
|
Mastoj
|
10
|
4
|
1
|
1
|
1
|
17
|
|
Daggar
|
10
|
4
|
1
|
1
|
1
|
17
|
|
Gagra
|
9
|
3
|
1
|
1
|
1
|
15
|
|
Khado Khel
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Totali (Mandan)
|
5
|
1
|
1
|
1
|
1
|
9
|
|
Batkhela
|
17
|
6
|
1
|
1
|
1
|
26
|
|
Dargai
|
11
|
4
|
1
|
1
|
1
|
18
|
THIRD SCHEDULE
[See section 42]
Part - I DISTRICT GOVERNMENT
Tax for Education and Health.
Any other tax authorized by the Government.
Local rate on lands assessable to land revenue.
Fees in respect of educational and health facilities
established or maintained by the District Government.
Fee for licenses or permits and penalties or fines for
violations.
Fees for specific services rendered by a district
government.
Collection charges prescribed for recovery of tax on behalf
of the government, other local governments or any statutory authority.
Toll on roads, bridges, ferries maintained by District
Government.
Rent for land, buildings, equipment, machinery, and vehicles
owned by the District Government.
Fee for major industrial exhibitions and other public events
organized by the District Government.
CITY DISTRICT GOVERNMENT
Taxes enumerated in Part-I.
Fee on advertisements, other than on radio and television,
and bill-boards.
Fee for approval of building plans, erection and re-erection
of buildings.
Charges for execution and maintenance of works of public
utility lighting of public places, drainage, conservancy and water supply
operated and maintained by City District Government.
Part - III
TEHSIL MUNICIPAL ADMINISTRATION
Local tax on services.
Fee on sale of animals in cattle markets.
Market Fees.
Tax on the transfer of immovable property.
Urban Immovable Property Tax as specified in this Act.
Fee for fairs, agricultural shows, cattle fairs, industrial
exhibitions, tournaments and other public events organized by Tehsil Municipal
Administration.
Fee for licenses or permits and penalties or fines for
violations.
Fee on cinemas, dramatical, theatrical shows and tickets
thereof, and other entertainment.
Collection charges prescribed for recovery of any tax on
behalf of the Government, other local governments or any statutory authority.
Rent for land, buildings, equipment, machinery and vehicles
owned by Tehsil Municipal Administration.
Fee for specific services rendered by a Tehsil Municipal
Administration.
Tax on vehicles other than motor vehicles registered in the
Tehsil.
Fee on advertisements, other than on radio and television,
and billboards.
Fee for approval of building plans, erection and re-erection
of buildings
Charges for development, betterment, improvement and
maintenance of works of public utility like lighting of public places,
drainage, conservancy and water supply by Tehsil Municipal Administration.
Part - IV
TOWN MUNICIPAL ADMINISTRATION
Taxes enumerated at Serial # 1 to 12 of Part-III.
Fee for approval of building plans, erection and re-erection
of buildings with the approval of the City District Government.
Part-V
VILLAGE & NEIGHBOURHOOD COUNCILS
Prescribed fees for licensing of professions and vocations
in the area of the Council.
Fees for registration and certification of births,
marriages, and deaths.
Charges for specific services rendered by the Council.
Rate for the remuneration of Village and Neighbourhood
guards.
Rate for the execution or maintenance of any work of public
utility like lighting of public places, drainage, conservancy and water supply
operated by the Council.
Conservancy charges.
FOURTH SCHEDULE
[ See section 66]
LIST OF OFFENCES WITH ENFORCEMENT JURISDICTION REQUIRING
COURT TRIAL
PART-I
|
S.#
|
Offence
|
|
1.
|
Overcharging or illegally charging any tax, fee, fine,
charge or rate by an employee of a local government or a contractor or his
staff without the authority of a local government.
|
|
2.
|
Preparing or using counterfeit or proscribed Forms of the
local government.
|
|
3.
|
Wilfully obstructing any officer or servant of a local
government or any person authorized to exercise powers under this Act.
|
|
4.
|
Failure to deliver back possession of property to the
local government on cancellation and expiration of lease.
|
|
5.
|
Doing an act without license or permission when the doing
of such act requires a license or permission under this Act or the rules or
bye-laws made under it.
|
|
6.
|
Evasion of payment of tax or other impost lawfully levied
by a local government.
|
|
7.
|
Contravention of the prohibition or attempt or abetment of
any of the offences in this Part
|
|
8.
|
Discharging any dangerous chemical, inflammable, hazardous
or offensive article in any drain, or sewer, public water course or public
land vested in or managed, maintained or controlled by the local government
in such manner as causes or is likely to cause danger to persons passing by
or living or working in neighbourhood, or risk or injury to property.
|
|
9.
|
Failure of industrial or commercial concerns to provide
adequate and safe disposal of affluent or prevention of their mixing up with
the water supply or sewerage system.
|
|
S.#
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Offence
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10.
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Supplying or marketing drinking water for human
consumption in any form, from any source which is contaminated or suspected
to be dangerous to public health, or its use has been prohibited by a local
government on the ground of being unsafe for human consumption, or whose
quality and suitability for human consumption has not been ascertained and
certified by a laboratory authorized by the Government.
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11.
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Cultivation of agriculture produce or crop, for supply or
sale to public using such manure, or irrigating it with sewer water or any such
liquid as may be injurious to public health or offensive to the
neighbourhood.
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12.
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Violation of the prohibitions provided in the Master Plan,
the sanctioned Site Development Schemes under this Act or any other law for
the time being in force including plans and schemes sanctioned under the
repealed enactments.
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13.
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Adulteration of any eatable or drinkable or consumable
item sold or supplied to the public.
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14.
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Manufacturing, trading, storing or supplying any eatable
or drinkable item and other items unsafe for human consumption or public
health.
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15.
|
Without license from relevant authority manufacturing,
storing, trading or carrying fire crackers, fire balloons or detonators or
any dangerous chemical, inflammable, hazardous or offensive article or material.
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16.
|
Immovable encroachment in or on or under any property or
any open space or land vested in or managed, maintained or controlled by a
local government.
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17.
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Erection or re-erection of building over set back area or
parking area or building line area required to be left open under the rules
or using such space for any purpose which is not approved.
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18.
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Changing or converting into any other use any portion of a
commercial building or area specified or earmarked for public parking.
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19.
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Failure to demolish or otherwise secure a building
declared by the local government to be dangerous.
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20.
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Establishing any parking stand on any property or on any
open space and public park or land vested in or managed, maintained or
controlled by a local government on or under a street, road, graveyard or a
drain without the sanction of the relevant local government.
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21.
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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 proximity.
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22.
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Erection or re-erection of a building without the sanction
required under this Act or using a building for a purpose which may endanger
the security of people.
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23.
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Dyeing or tanning skins within such distance of any commercial
or residential areas as may be specified by the local government.
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PART-II
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S.#
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Offence
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24.
|
Contravention of the prohibition or attempt or abetment of
any of the offences in this Part.
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25.
|
Manufacturing, keeping, storing or selling wire thread or
any other material meant for kite flying or in the manner causing danger to
the human life or the electric installations or disruption in electric
supply.
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26.
|
Preparation and sale of article or articles of food or
drink by a person apparently suffering from any infectious or contagious
disease that may endanger the health of people.
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27.
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Establishing any cattle market without permission of the
local government.
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28.
|
Establishing any bus, wagon, taxi or other commercial
motorized or non- motorized vehicle stand for the purpose of plying them on
different routes on any road, street, footpath, public place or any other
property vested or managed or controlled or maintained by a local government
without its permission.
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|
29.
|
Establishing or running any restaurant or vending stalls
for eatables on any road, street, footpath, public place, over a drain, or
any other property vested in or managed or controlled or maintained by a
local government without its permission.
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30.
|
Establishing a brick kiln and lime kiln within such
distance of a residential area as may be specified by the local government.
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31.
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Cutting down of any tree, or erection or demolition of any
building or part of a building where such action is declared under this Act
to be a cause of danger or annoyance to the public.
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FIFTH SCHEDULE
[See section 66 & 68]
OFFENCES WHERE TICKET CAN BE ISSUED
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S.#
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Offence
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Amount of Fine
|
|
1.
|
Neglect in safe storage of eatable, drinkable and other
consumable items sold or supplied to the public.
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Rs. 2,000
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2.
|
Fixing of wooden khokhas, and temporary shops or extension
thereof on footpaths or beyond the street line.
Plying of handcarts for the sale of goods without
permission.
|
Rs.1,000
Rs.200
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|
3.
|
Failure by the owner or occupier of any land to clear away
and remove any vegetation declared by a local government to be injurious to
health or offensive to neighbourhoods.
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Rs. 500
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4.
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Slaughtering of animals for the sale of meat at a place
other than the place set apart for the purpose.
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Rs. 500
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5.
|
Without the permission of the local government causing or
knowingly or negligently allowing the contents of any sink, sewer or cesspool
or any other offensive matter to flow, or drain or to be put upon any street,
or public place, or into irrigation channel or any sewer or drain not set
apart for the purpose.
|
Rs. 2,000 in case of commercial concerns.
Rs.500 for others.
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6.
|
Keeping or maintaining any cattle in any part of the
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.
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Rs. 500
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7.
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Keeping ferocious dogs or other animals in residential
areas or taking such animals to public places or the areas specified by the
local government, without leash or chain and without being muzzled or to set
at large any animal or dog infected with rabies or any other infectious
disease.
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Rs. 500
|
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8.
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Obstructing or tampering with any road, street, drain or
pavement.
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Rs. 2,000
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9.
|
Obstructing or tampering with any main pipe, meter or any
apparatus or appliance for the supply of water or sewerage system.
|
Rs. 2,000
|
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10.
|
Without previous sanction of the local government- laying
out a drain or altering any drain in a street or road; connecting any house
drain with a drain in a public street; and drawing off, diverting or taking
any water.
|
Rs. 1,000
|
|
11.
|
Excavation of earth, stone or any other material within
such distance of the residential area as specified by the local
government.
|
Rs. 1,000
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12.
|
Burying or burning a dead body at a place which is not a public
or registered burial or burning place, except with the sanction of the local
government.
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Rs. 1,000
|
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13.
|
Failure to furnish, on requisition, information in respect
of any matter which a local government is authorized to call for under any of
the provisions of the Act, rules or bye-laws or furnishing wrong information.
|
Rs. 500
|
|
14.
|
Obstructing lawful seizure of animals liable to be
impounded on the ground of violations of rules or by-laws governing the
picketing, tethering, keeping, milching or slaughter of animals or their
trespass of private or public property.
|
Rs. 500
|
|
15.
|
Picketing, parking animals or collecting carts or vehicles
on any street, using any street as a halting place for vehicle or animals or
as a place for encampment without permission of the local government.
|
Rs. 500
|
|
16.
|
Causing or permitting animals to stray or keeping,
tethering, stalling, feeding or gazing any cattle on any road, street or
thoroughfare or in any public place or damaging or causing or permitting to
be damaged any road, street or thoroughfare by allowing cattle to move
thereon.
|
Rs. 500
|
|
17.
|
Disposal of carcasses of animals within prohibited
distance.
|
Rs. 500
|
|
18.
|
Failure to dispose of offal, fat or any organ or part of a
dead animal in a place set apart for the purpose by the local government.
|
Rs. 500
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|
19.
|
Throwing or placing any refuse, litter or garbage on any
street, or in any place, not provided or appointed for the purpose by a local
government.
|
Rs. 500
|
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20.
|
Failure to provide for disposal of litter or garbage
inside or outside a shop by its owner.
|
Rs. 500
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21.
|
Failure to maintain clean premises of the area in front of
a shop, office or factory up to the public street or road serving this
facility.
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Rs. 1000
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22.
|
Watering cattle or animals, or bathing or washing at or
near a well or other source of drinking water for the public.
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Rs. 500
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23.
|
Steeping hemp, jute or any other plant in or near a pond
or any other excavation within such distance of the residential area as may
be specified by a local government.
|
Rs. 1,000
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24.
|
Failure to provide, close, remove, alter, repair, clean,
disinfect or put in proper order any latrine, urinal drain, cesspool or other
receptacle for filth, sullage, water or refuse by an owner of a house, shop,
office, industry or premises.
|
Rs. 3,000 for commercial concerns
Rs.500 for house
|
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25.
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Failure to clean the premises, houses, shops and
cultivated lands of the plastic bags and other non-perishable materials.
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Rs. 500
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26.
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Damaging or polluting physical environment, inside or
outside private or public premises, in a manner to endanger public health.
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Rs. 2,000 for public premises
Rs.500 for private premises
|
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27.
|
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.
|
Rs. 500
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28.
|
Failure by the owner or occupier of any land or building
to clean, repair, cover, fill up or drain off any private well, tank or other
source of water supply, which is declared under this Act to be injurious to
health or offensive to the neighbourhood.
|
Rs. 1,000
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29.
|
Failure to stop leakages of water pipes, faucets and
sanitary fittings resulting in dirty water pools affecting physical
environment and breeding of mosquitoes.
|
Rs. 1,000
|
|
30.
|
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.
|
Rs. 1,000
|
|
31.
|
Feeding or allowing to be fed an animal meant for dairy or
meat purposes, on deleterious substance, filth or refuse of any kind which is
dangerous to health of consumers.
|
Rs. 1,000
|
|
32.
|
Defacing or disturbing any direction-post, lamp post or
lamp extinguishing or any light arranged by a local government without due
authority.
|
Rs. 1,000
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33.
|
Fixing or allowing the fixing of any bill, notice, play
card, poster or other paper or means of advertisement against or upon any
private or public building or place other than the places fixed for the
purpose by a local government.
|
Rs. 1,000
|
|
34.
|
Exhibiting any obscene advertisement.
|
Rs. 1,000
|
|
35.
|
Loud playing of music or radio, beating of drum or
tom-tom, blowing a horn or beating or sounding any brass or other instruments
or utensils in contravention of any general or special prohibition issued by
a local government or a hospital or an educational institution.
|
Rs. 1,000
|
|
36.
|
Loud shouting in abusive language causing distress to the
inhabitants of a neighbourhood or village or any other public place.
|
Rs. 1,000
|
|
37.
|
Using or allowing the use for human habitation of a
building declared by a local government to be unfit for human habitation.
|
Rs. 1,000
|
|
38.
|
Failure to lime-wash or repair a building, if so required
by local government.
|
Rs. 1,000
|
|
39.
|
Begging importunately for alms by exposing any deformity
or disease or any offensive sore or wound to solicit charity.
|
Rs. 500
|
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40.
|
Causing or permitting to be caused by any owner or keeper
of an animal who through neglect or otherwise damage any land or crop or
produce of land, or any public road, by allowing such animal to trespass
thereon.
|
Rs. 1,000
|
|
41.
|
Selling cattle and animals in contravention of any law,
rule or by-laws of a local government.
|
Rs. 1,000
|
|
42.
|
Kite flying in contravention of any general or specific
prohibition issued by local governments.
|
Rs. 300
|
|
43.
|
Keeping pigeon or other birds in a manner causing danger
to air traffic.
|
Rs. 500
|
|
44.
|
Digging of public land without the permission in writing
of local government.
|
Rs. 1,000
|
|
45.
|
Contravention of the prohibition or direction of the local
government issued under the Act.
|
Rs. 500
|
|
46.
|
Attempt or abetment of any of the offences in this
Schedule.
|
Same as for the offence specified in the Schedule
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Khyber Pakhtunkhwa Local Government Act, 2013
SIXTH SCHEDULE
[ See section 68)]
FORM OF TICKET
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Name & Address of the Offender:
NIC No.
Particulars of Offence:(Section of Law with details of
offences:
Date of commission of Offence: Amount of Fine: Rs.
(in letters)
Date by which the Fine is to be paid
(Note: The amount of fine shall be deposited in Bank)
Corrective actions
ordered:
Name of the Court having jurisdiction:
Signature or Thumb Impression of the Offender:
Signatures and seal of Enforcement Officer
Copy-1 (To be retained by Enforcement Officer)
|
Name & Address of the Offender:
NIC No.
Particulars of Offence:(Section of Law with details of
offences:
Date of commission of Offence: Amount of Fine: Rs.
(in letters)
Date by which the Fine is to be paid
(Note: The amount of fine shall be deposited in Bank)
Corrective actions
ordered:
Name of the Court having jurisdiction:
Signature or Thumb Impression of the Offender:
Signatures and seal of Enforcement Officer
Copy-2 (To be retained by Offender on payment of fine)
|
Name & Address of the Offender:
NIC No.
Particulars of Offence:(Section of Law with details of
offences:
Date of commission of Offence: Amount of Fine: Rs.
(in letters)
Date by which the Fine is to be paid
(Note: The amount of fine shall be deposited in Bank)
Corrective actions
ordered:
Name of the Court having jurisdiction:
Signature or Thumb Impression of the Offender:
Signatures and seal of Enforcement Officer
Copy-3(To be returned to Enforcement Officer by offender
after payment within ten days)
|
Name & Address of the Offender:
NIC No.
Particulars of Offence:(Section of Law with details of
offences:
Date of commission of Offence: Amount of Fine: Rs.
(in letters)
Date by which the Fine is to be paid
(Note: The amount of fine shall be deposited in Bank)
Corrective actions
ordered:
Name of the Court having jurisdiction:
Signature or Thumb Impression of the Offender:
Signatures and seal of Enforcement Officer
Copy-4 (To be sent by the Bank to the local Accounts
Officer)
|
63
SEVENTH SCHEDULE
[See sections 112 and 113]
Part - I Rules
Local Government (Conduct of Elections);
Local Government (Taxation);
Local Government (Servants);
Local Government (Budget and Accounts);
Local Government (Contracts);
Local Government (Works & Services);
Local Government (Development Authorities);
Local Government (Regulation of Site Development Schemes);
Local Government (Monitoring & Supervision);
Local Government (Provision of Information and Transparency);
Local Government (Internal Audit);
Local Government (Public Private Partnership);
Local Government (Conduct of Inspections).
Local Government (Elected Officials Conduct);
Local Government (Procurement);
Local Government (Fiscal Transfers);
Local Government (Registration of births, deaths and
marriages; and
Any other set of rules necessary for implementation of this
Act.
Part – II Bye-laws
Conduct of Business and Conduct of Meetings
Zoning, master planning, and buildings.
Dangerous buildings and structures.
Prevention of encroachments.
Elected officials remuneration and allowances
Agricultural Development
Community Development and Social Welfare.
Registration of sale and control of cattle and animals.
Registration, management and regulation of orphanages, widow
homes, senior citizens homes, homes for the mentally ill, and women in
distress.
Regulation of burial and cremation places.
Slaughter of animals and maintenance of slaughterhouses.
Prevention of adulteration of foodstuffs.
Animal husbandry and milk supply.
Prevention and abatement of nuisances.
Dangerous and offensive articles and trades as indicated in
the Annexure.
Regulation of traffic.
Organization and regulation of fairs, shows, tournaments and
other public gatherings.
Prevention of beggary, juvenile delinquency and other social
evils.
Licensing.
Regulation of Markets.
Libraries.
Parks and open places.
Prevention of air, water, noise, and soil pollution.
Forests and plantations.
Property Management.
Farm produce markets.
Encroachment on any public road, public street, or public
place.
Picketing, parking animals or collecting carts or vehicles
on any street.
Throwing or placing refuse on any street, or in any place
not provided or appointed for the purpose.
Dyeing or tanning animal skins.
Tampering with any main, pipe, or any apparatus or appliance
for the supply of water.
Excavation of earth, stone or any other material.
Disposing of carcasses of animals.
Use of sewer water for farming.
Flow or drain to be put upon any street, or public place, or
into an irrigation channel or any sewer or drain not set apart for the purpose.
Fixing any bill, notice, placard, or other paper or means of
advertisement against or upon any building or place other than the places fixed
for the purpose.
Fixing of wooden khokhas, plying of handcarts for the sale
of goods, and temporary or permanent shops or extensions thereof on footpaths
or beyond the street line.
Pollution of air, water or soil.
Watering cattle or animals, or bathing or washing at, or,
near a well or other source of drinking water for the public.
Other matters as in the opinion of the District Council are
necessary or expedient to be provided for in the bye-laws.
[See Serial # 15 Seventh Schedule]
DANGEROUS AND OFFENSIVE ARTICLES AND TRADES
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.
Sugar refining and sugar refineries.
Preparation of aerated water.
Operating or running bake houses.
Electroplating.
Welding.
Storing packing, pressing, cleaning, preparing or
manufacturing by any process whatever, blasting powder, ammunition, fireworks,
gun-powder, sulphur, mercury, gases, gum, cotton, saltpeter, nitro compounds,
nitro mixtures, phosphorous or dynamite.
Cleaning, dying, preparing or manufacturing by any process
whatever, cloth or
yarn in indigo and other colours.
Storing, processing, cleaning, crushing, melting, preparing
or manufacturing by any process whatever or dealing in bones, tallow, offal,
fat blood, soap, raw hides and skins, candles, manure, catgut and oil cloth.
Manufacturing oils.
Washings or drying wool or hair.
Making or manufacturing bricks, surkhi, tiles or earthenware
pots, clay pipes or other earthenware by any process of baking or burning.
Burning or grinding of limestone or metal stone or storing
of lime for sale.
Cleaning or grinding of grain or chilies by any kind of
class of machinery.
Keeping animals likely to create nuisances.
Fell mongering.
Casting of heavy metals such as iron, lead, copper and
brass.
Dealing in poisons, acid, chemicals, liquid or otherwise.
Wholesale storing, cleaning, pounding and selling of tobacco
except the storing of tobacco required for the preparation of biddis, cigars or
cigarettes.
Operating or running tin factories.
Manufacture of safes, trunks and boxes.
Marble cutting and polishing.
Glass leveling and polishing.
Manufacture of cement and hume pipes.
Storing, packing, pressing, cleaning, preparing or
manufacturing by any process whatever, rags, pitch, tar, turpentine demmar,
coconut, fibre, flax, hemp, rosin or spirit.
Tanning, pressing or packing hide or skins whether raw or
dry.
Trade or operation of Ferries.
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 government.
Discharging firearms and letting off fire-works, fire
balloons or detonators or any game dangerous to life, dwelling and other
property.
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 by reason of the manner in which or the conditions under which,
the same may be processed or carried on.
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