[AS PASSED BY THE NATIONAL ASSEMBLY]
A
BILL
to rationalize and reorganize the local government system in the Federal Capital.
WHEREAS it is expedient to establish an elected local government system to devolve political,
administrative and financial responsibility and authority to the elected representatives of the local
governments; to promote good governance, effective delivery of services and transparent decision
making through institutionalized participation of the people at local level; and, to deal with ancillary
matters;
It is hereby enacted as follows:-
CHAPTER I
INTRODUCTION
1. Short title, extent and commencement.—
(1) This Act may be called the Islamabad Capital
Territory Local Government Act, 2015.
(2) It extends to the Islamabad Capital Territory except any area excluded by the Government,
by notification, for reasons to be recorded in writing.
(3) It shall come into force on such date as the Government may, by notification, appoint and
different dates may be appointed for coming into force of different provisions of this Act.
2. Definitions.–
(1) In this Act, unless there is anything repugnant in the subject or context,—
(a) “Administration” means the Islamabad Capital Territory Administration;
(b) “Authority” means the Capital Development Authority;
(c) “budget” means an official statement of the income and expenditure of a local
government for a financial year;
(d) “building” includes any shop, house, hut, outhouse, shed, stable or enclosure
built of any material and used for any purpose, and also includes a wall, well, verandah,
platform, plinth, ramp, stair-case and steps;
(e) “building line” means a line beyond which the outer face or any part of an
external wall of a building may not project beyond privately owned land in the direction
of any street, existing or proposed;
(f) “bye-laws” means bye-laws made under this Act or made under the Capital
Development Authority Ordinance 1960 (XXIII of 1960) or the Municipal
Administration Ordinance 1960;
(g) “cattle” includes cows, buffaloes, bulls, oxen, bullocks, heifers, calves, camels,
sheep, goats and others;
(h) “Chairman” means the Chairman of a Union Council as mentioned in section
10;
(i) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
(j) “conservancy” means the collection, treatment, removal and disposal of refuse;
(k) “dairy” includes any farm, cattle-shed, cow-house, milk store, milk shop or any other
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place from where milk or milk products are supplied;
(l) “Deputy Mayor” means a Deputy Mayor of the Metropolitan Corporation elected under
section 11;
(m) “District” means the area specified in section 2 of the Capital of the Republic
(Determination of Area) Ordinance, 1963 (Ordinance VI of 1963);
(n) “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;
(o) “dwelling house” means any building used substantially for human habitation;
(p) “Election Commission” means the Election Commission constituted under Article 218
of the Constitution of the Islamic Republic of Pakistan;
(q) “factory” means a factory as defined in the Factories Act, 1934 (XXV of 1934);
(r) “food” includes every eatable used for food or drink by human beings but does not
include drugs or water;
(s) “Government” means Federal Government as the Rules of Business may specify.
(t) “infectious disease” means cholera, plague, smallpox and tuberculosis, and includes
such other disease as the Government may, by notification, declare to be infectious or
disease for purposes of the Ordinance;
(u) “land” includes the land which is being built up or is built up or is covered with water or
is under cultivation or is fallow;
(v) “Local Fund” means the fund of a local government established under section 77;
(w) “local government” means a Union Council or the Metropolitan Corporation established
under this Act;
(x) “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 be notified as a market;
(y) “Master Plan” means the Master Plan developed, maintained and enforced by Capital
Development Authority;
(z) “Mayor” means the Mayor of the Metropolitan Corporation elected as such under
section 11;
(aa) “member” means a member of a local government;
(bb) “Metropolitan Corporation” means the Metropolitan Corporation notified as such under
section 8;
(cc) “misconduct” means transgression of the prescribed code of conduct or dereliction of
duty or deliberate unlawful behavior or violation of law or rules or lawful directions or
orders of the Government and includes:
(i) gross negligence in the performance of duties with manifest wrongful intent
or evil design; or
(ii) an act that results in wrongful gain to any person by wrongful application of
law; or
(iii)making or managing appointment, promotion or transfer of an officer or
official in violation of law or rules or for extraneous consideration; or
(iv) bribery, corruption, jobbery, favoritism, nepotism or willful diversion of the
fund of the local government;
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(dd) “municipal offence” means an act or omission punishable under this Act and includes
an act or omission declared as municipal offence under any other law for the time being
in force in Islamabad Capital Territory;
(ee) ”notification” means notification issued by the Government under this Act and
published in the Official Gazette.
(ff) “nuisance” includes any act, omission, place or thing which causes or is likely to cause
injury as may be specified, 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;
(gg) “occupier” means any person, for the time being, in actual lawful occupation of the land
or building and includes an owner in actual occupation of the land or building;
(hh) “owner” includes the person for the time being receiving the rent of land and buildings
or either of them, including an agent or trustee for any person or society or for any
religious or charitable purpose or who would so receive the same if land or building was
let to a tenant;
(ii) “peasant” means a landless farm worker or, a person, who during the period of five
years preceding the year in which the election is held, owning less than five acres of
land as sole owner for subsistence living;
(jj) “prescribed” means prescribed by the rules as defined under clause (ss);
(kk) “prohibited zone” means any area or areas within a local government declared as
prohibited zone by a public notice for purposes of the Ordinance;
(ll) “public road” means and includes a road or street or way maintained by the
Government or by a local government or by any other local authority;
(mm) “public place” means any building, premises or place to which the public have access;
(nn) “rate” means and includes the charges that may be fixed and levied by the local
governments for provision of any services, for which it incurs a cost, provided under
this Act ;
(oo) “refuse” includes rubbish, offal, night-soil, carcasses of animals, deposits of sewerage,
waste and any other offensive matter;
(pp) “rent” means whatever is by law payable in money or kind by a tenant or lessee on
account of lawful occupation or use of any building or land;
(qq) “revenue estate” means a revenue estate declared under the Land Revenue Act, 1967
(XVII of 1967) as adapted in the Islamabad Capital Territory;
(rr) “road” includes a road or a street or way which is not a thoroughfare;
(ss) “rules” means rules made under the Ordinance or deemed to have been made under this
Act;
(tt) “Schedule” means a Schedule appended to this Act;
(uu) “streets line” means a line dividing the land comprised in, and forming part of, a road
or street from the adjoining land;
(vv) “tax” includes any cess, rate, fee, toll or other charge levied under this Act;
(ww) “technocrat” means a person who is the holder of a degree requiring conclusion of at
least sixteen years of education recognized by the Higher Education Commission and at
least five years of experience in the relevant field;
(xx) “Union Council” means an area notified as a Union Council under section 6;
(yy) “vehicle” means a wheeled conveyance capable of being used on a road or street;
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(zz) “Vice Chairman” means the Vice Chairman of a Union Council as mentioned in section
10;
(aaa) “village” means an integrated and contiguous human habitation commonly identified by
a name and includes a dhok, chak, gaown, basti or any other comparable habitation
within a revenue estate;
(bbb) “voter” means a person, whose name for the time being appears on the electoral rolls
prepared or adapted for the purposes of the election under the Ordinance;
(ccc) “worker” means a person directly engaged in work or is dependent on personal labour
for subsistence living and includes a worker as defined in the Industrial Relations Act
2012 (X of 2012);
(ddd) “youth” means a person who is enrolled as a voter in the respective Union Council and
is less than twenty-five years of age on last day fixed for filing of nomination papers;
and
(eee) Zoning Regulation” means the Islamabad Capital Territory Zoning Regulations 1992.
(2) The expressions, not defined in sub-section(1), shall have the same meaning as defined in any other
relevant law or generally used.
3. Local governments to work within the existing framework.—
(1) The local governments
established under this Act shall faithfully observe all laws applicable in Islamabad Capital
Territory.
(2) In the performance of their functions, the local governments shall not impede or
prejudice the exercise of the executive authority of the Government or any office performing functions
of the Provincial Government in the Islamabad Capital Territory.
(3) The development, planning and overall maintenance of the Master plan within the specified
area of Islamabad Capital Territory will continue to vest with Capital Development Authority and thus
the overall Master Plan shall apply and no action by any authority, body or corporation shall be initiated
in violation of the Capital Development Authority Ordinance, 1960 and the Zoning regulations duly
approved by the Government. All powers to be exercised and rules to be enforced shall be subject to the
planning framework already set in the aforementioned laws, rules and regulations.
(4) This legal framework shall without derogation to the existing laws and regulations of the
Islamabad Capital Territory and Capital Development Authority and segments not covered by the
prevalent law shall be covered by the respective local Government, as determined by the Government.
Wherever there is a clash between the existing law and provisions of this Act, the existing law shall
prevail unless clearly specified or repealed.
CHAPTER II
LOCAL AREAS
4. Local areas.-
(1) For purposes of this Act, the Government shall, by notification, specify the
local area within Islamabad Capital Territory as Union Councils and for the Metropolitan Corporation,
as the case may be;
(2) The Government may, by notification, after inviting public objections and suggestions,
alter the limits of a local area and declare that any area shall cease to be a Union Council.
(3) Any two or more adjoining Union Councils within Islamabad Capital Territory may, after
inviting public objections through a resolution passed by two-third majority of the total membership of
each of the Union Councils, make a proposal to the Government for a change in their respective
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boundaries subject to the condition that no revenue estate shall be divided and the size of population in
the relevant Union Council shall, as far as possible, be close to the average population of similar Union
Councils in Islamabad Capital Territory.
(4) The Government may, with the concurrence of the Election Commission, alter the limits of
a local area under this section after the initiation of proceedings of delimitation of constituencies by the
Election Commission but the Government shall not alter the limits of a local area after the
announcement of election schedule for election in local area.
5. Division and reconstitution of a local government.—
(1) The Government may, by
notification, divide a local government into two or more local governments or alter the limits of a local
government and may specify in the notification the consequences which shall ensue upon the
publication of such notification.
(2) When, as a result of such division or reconstitution, any new local government is
constituted, in accordance with the provisions of this Act in the manner specified in the notification:
(a) the existing members of any local government so divided or reconstituted shall
become the members of such local government as the Government may, by
notification, specify as if each such member had been elected to that local
government; and
(b) such local government shall, to the extent and in the manner specified in the
notification, be the successor of the local government so divided or
reconstituted.
6. Local Government and Delimitation.-
(1) The Government shall, by notification in the official
Gazette, determine the number of Union Councils within Islamabad Capital territory.
(2) After the demarcation of the Local Government under section 5 and determination of number of
Union Councils, the Election Commission, shall delimit Union Councils.
(3) The Election Commission shall delimit and notify the Councils on the basis of the principles laid
down in section 7, as nearly as possible, under the Delimitation of Constituencies Act, 1974 (XXXIV of
1974) or any other Act of the Majlis-e-Shoora (Parliament).
7. Delimitation of Union Councils.–
(1) A Union Council shall be an area consisting of one
or more revenue estates or, in the case of an area where revision of settlement under the law has
not taken place, one or more census villages or, in the case of an urban area, a census block or
blocks as delimited for purposes of the last preceding census or a census block and a revenue
estate, notified as such by the Election Commission.
(2) As far as possible:
(a) the area of a Union Council shall be a territorial unity;
(b) the boundaries of a Union Council shall not cross the limits of the Metropolitan
Corporation; and
(c) the population of Union Councils within the Metropolitan Corporation shall be
uniform.
8. Waiver of conditions.— The Election Commission may, in a specific case and for reasons
to be recorded in writing, waive the conditions of delimitation mentioned in Section 6.
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CHAPTER III
CONSTITUTION OF LOCAL GOVERNMENTS
9. Constitution of Local Governments.—
(1) Subject to subsection
(2), the local governments
constituted under this Act shall be:
(a) Metropolitan Corporation for Islamabad Capital Territory and
(b) Union Councils for Islamabad Capital Territory as the Government may notify.
(2) The Government may, by notification, declare any area in Islamabad Capital Territory
to be a Union Council.
(3) The Government may, by notification, specify the name by which local government shall be
known and unless the name of a local government is so specified, it shall be known as the local
government of the place where its office is situate.
CHAPTER IV
COMPOSITION OF LOCAL GOVERNMENTS
10. Local governments.— (1) Local governments shall consist of Union Councils and
Metropolitan Corporation as given in section 10 and section 11, respectively.
(2) If there are more than one member in any category of seats in a local government, the
election shall be held on the basis of proportional representation.
11. Union Council.– A Union Council shall consist of the following members elected under
Chapter V:
(i) Chairman and Vice Chairman, as joint candidates;
(ii) Six general members;
(iii) two women;
(iv) one peasant or worker;
(v) one youth member; and
(vi) one non-Muslim.
12. Metropolitan Corporation.— (1) The Metropolitan Corporation shall consist of the following
members elected under Chapter V:
(i) Mayor and Deputy Mayor, as joint candidates;
(ii) Chairmen of all Union Councils;
(iii) women;
(iv) peasants/workers;
(v) technocrats;
(vi) youth members; and
(vii) non-Muslims.
(2) The number of women should not be less than 33 per cent, peasants/workers not
less than 5 per cent, non-Muslims not less than 5 per cent, youth not less 5 per cent each
and technocrat not less than 2 per cent. The numbers shall be computed by the
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government accordingly through a notification issued from time to time.
(3) The Mayor and the Deputy Mayor shall be elected as joint candidates, in the first
session of the Metropolitan Corporation, from amongst the members mentioned at serial number
(ii) to (vii) of sub-section (1), by majority of the members mentioned at serial number (ii) to (vii)
of sub-section (1) present and voting.
13. Saving.— Nothing contained in this Chapter shall be construed to prevent a woman, peasant,
worker, technocrat or a non-Muslim from being a candidate or elected to a general seat in any local
government.
CHAPTER V
LOCAL GOVERNMENT ELECTIONS
14. Franchise.— Save as otherwise provided, election of members of all local governments, shall be
held through secret ballot on the basis of adult franchise in such manner as may be prescribed.
15. Election of the members of the Union Councils.— Members of each Union Councils shall be
directly elected by the voters registered in the concerned Union Council.
16. Election of the members of the Metropolitan Corporation.— Members of Metropolitan
Corporation, mentioned at serial number (iii) to (vii) of sub-section (1) of Section 11, shall be elected by
the members of the Union Councils present and voting.
17. Election Commission to conduct elections.— (1) The Election Commission shall conduct the
local government elections.
(2) The Election Commission may, by order in the Official Gazette, make provisions for the
conduct of local government elections if no provisions or no sufficient provisions have been made under
this Act or the rules.
18. Executive Authority to assist the Election Commission.— It shall be the duty of all executive
authorities in the Islamabad Capital Territory to assist the Election Commission in the discharge of its
functions.
19. Electoral rolls.— (1) A person shall be entitled to be enrolled as a voter if he:
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age; and
(c) fulfils such other conditions as the Election Commission may specify.
(2) The electoral rolls for the local government elections shall be prepared by the Election
Commission in such manner as it may deem appropriate and the electoral rolls shall not be invalid by
reason of any erroneous description in the electoral rolls of any person listed or of an omission of the
name of any person entitled to be enrolled or of inclusion of the name of any person not so entitled.
(3) Every person whose name is entered in the electoral roll shall be entitled to cast a vote at
the direct elections of the local government.
20. Appointment of Returning Officer etc.— (1) Subject to subsection (2), the Election
Commission shall appoint from amongst the officers of the Election Commission, the Government, a
body or entity controlled by the Government, a Returning Officer and an Assistant Returning Officer for
each constituency for purposes of direct election under this Act.
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(2) The Election Commission may appoint a person as Returning Officer or Assistant
Returning Officer for two or more constituencies.
(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of
his functions under this Act and may, subject to such conditions as may be imposed by the Election
Commission, exercise and perform, under the control of the Returning Officer, the powers and functions
of the Returning Officer.
(4) It shall be the duty of a Returning Officer to do all such acts as may be necessary for
effectively conducting an election in accordance with the provisions of this Act and the rules.
21. Polling station.— (1) The Returning Officer shall, before such time as the Election Commission
may fix, propose to the Election Commission a list of polling stations for the constituency.
(2) The Election Commission may make such alterations in the list of polling stations
submitted under subsection (1) as it deems necessary and shall forward to the Returning Officer the final
list of the polling stations.
(3) The Returning Officer shall establish in each constituency polling stations according to
the final list sent by the Election Commission specifying the electoral area and the voters of the electoral
area who shall be entitled to vote at each polling station, and shall, at least seventy two hours before the
polling day, give wide publicity of the polling stations, in such manner as he may deem fit.
(4) A polling station shall not be located in any premises which belong to or are under the
control of any candidate.
22. Presiding Officers and Polling Officers.— (1) A Returning Officer shall appoint for each
polling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers
to assist the Presiding Officer as the Returning Officer may consider necessary.
(2) A person who is, or has at any time been, in the employment of any candidate shall not be
appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer.
(3) The Returning Officer shall submit a list of Presiding Officers and Polling Officers to the
Election Commission at least fifteen days before the polling day for approval and no change in the
personnel shall be made except with the approval of the Election Commission.
(4) A Presiding Officer shall conduct the poll in accordance with the provisions of this Act
and the rules and shall be responsible for maintaining order at the polling station and shall report to the
Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll.
(5) The Returning Officer shall authorize one of the Assistant Presiding Officers to act in
place of the Presiding Officer if the Presiding Officer is at any time during the poll, by reason of illness or
other cause, not present at the polling station, or is unable to perform his functions.
(6) The Returning Officer may, at any time during the poll, for reasons to be recorded in
writing, suspend any Presiding Officer, Assistant Presiding Officer or Polling Officer and make such
arrangements as he may consider necessary for the performance of the functions of the Officer so
suspended.
23. Supply of electoral rolls.— (1) The Election Commission shall provide the electoral rolls of the
constituency to the Returning Officer.
(2) The Returning Officer shall provide to the Presiding Officer the electoral rolls, containing
the names of the voters entitled to vote at a polling station.
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24. Other powers and functions of the Election Commission.— In addition to the powers and
functions of the Election Commission under this Act, the Election Commission shall, in relation to local
government elections, exercise such other powers and perform such other functions as may be prescribed.
25. Qualifications for candidates.— A person shall qualify to be elected as a member or to hold an
elected office of a local government, if he:
(a) is a citizen of Pakistan;
(b) the youth member, is not less than twenty five years of age on the last day fixed for filing
the nomination papers; or
(c) is enrolled as a voter in the electoral rolls of the Union Council.
26. Disqualifications for candidates and elected members.— (1) A person shall be
disqualified from being elected or chosen as, and from being, an elected member of a local
government, if he-
(a) ceases to be citizen of Pakistan or acquires citizenship of a foreign State;
(b) is declared by a competent court to be of unsound mind;
(c) is an undischarged insolvent;
(d) is in the service of Pakistan or of a local government;
(e) is in the service of any statutory body or a body which is owned or controlled by the
Federal Government or a local government or, in which any of such Government or local
government 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 any such service, a period of not less than two years has elapsed since
his resignation or retirement;
(f) is under an existing contract for work to be done or goods to be supplied to a local
government or has otherwise any direct pecuniary interest in its affairs;
(g) has been dismissed from public service on the grounds of misconduct unless a period of
five years has elapsed since his dismissal;
(h) has been removed or compulsorily retired from public service on the grounds of
misconduct unless a period of three years has elapsed since his removal or compulsory
retirement;
(i) has been convicted by a court of competent jurisdiction for a term not less than two years
for an offence involving moral turpitude or misuse of power or authority under any law unless a
period of five years has elapsed since his release;
(j) has been convicted for an offence involving activities prejudicial to the ideology, interest,
security, unity, solidarity, peace and integrity of Pakistan unless a period of five years has
elapsed since his release; and
(k) has used for his election the platform, flag, symbol, affiliation and financial or material
resources or support of a political, religious, ethnic or sectarian party or organization.
(2) If a person:
(a) is found by the Election Commission to have contravened any provisions of Section 24 or
subsection (1) of section 25, he shall stand disqualified from being a candidate for election to any
office of a local government for a period of four years; or
(b) has been elected as a member of a local government and is found by the Election Commission to have
contravened any provision of Section 24 or subsection (1) of section 25, he shall cease forthwith to be an
elected member or to hold the office of such member and shall stand disqualified from being a candidate
for election to a local government for a period of four years.
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27. Bar against dual membership.— (1) A Mayor, a Deputy Mayor, a Chairman or a Vice
Chairman may contest election for any other political office after resigning from the office of the Mayor,
Deputy Mayor, Chairman or Vice Chairman.
(2) A member of a local government, other than the Chairman of a Union Council, may
contest election for any other political office without resigning from the membership of the local
government but any such member shall not simultaneously hold more than one office.
(3) If a member of a local government is elected to any other political office, on the
notification of election of that political office, his seat as member of the local government shall
become vacant.
(4) If a Chairman of a Union Council is elected as the Mayor or a Deputy Mayor, he shall
cease to be the Chairman of the Union Council and the seat of the Chairman of the Union
Council shall stand vacated.
(5) Nothing in this section shall apply to bar a member of a local government to contest
the election of Mayor, Deputy Mayor, Chairman or Vice Chairman of a local government.
28. Conduct of elections.— The election to a local government shall be conducted in the
prescribed manner.
29. Term of office.— (1) Subject to the this Act, the term of office of a local government shall be
five years commencing on the date on which it holds its first meeting.
(2) The first meeting of a local government shall be held not later than thirty days from the
day on which the names of its members are notified.
(3) On the expiry of the term of office of a local government, the Government may appoint
an administrator to perform the functions of the local government until the elected local government
assumes office which period shall not exceed six months.
(4) Save as otherwise provided, a local government shall in its first meeting and to the
exclusion of any other business, elect the Mayor and Deputy Mayor or Deputy Mayors, Chairman and
Vice Chairman in the prescribed manner.
30. Oath of office.— (1) A member shall, before taking his seat in a local government, make and
subscribe to an oath in such form as may be prescribed.
(2) The Mayor, Deputy Mayor, Chairman and Vice Chairman shall assume office by
making and subscribing to an oath in such form as may be prescribed.
(3) A Mayor, Deputy Mayor, Chairman and Vice Chairman and a member shall, after
taking oath of office, declare his assets in the prescribed manner.
31. Vacancy.— If the office of a Mayor, Deputy Mayor, Chairman or Vice Chairman, or a member
indirectly elected on a reserved seat, for any reason, falls vacant during the term of office of a local
government, the new Mayor, Deputy Mayor, Chairman, Vice Chairman or member shall be elected in
the prescribed manner within thirty days from the date when such vacancy is notified and he shall,
subject to this Act, hold office for the remaining term of the local government.
32. Removals.— (1) Where proceedings of disqualification under section 25 have been initiated
against a member, the Election Commission or any authority authorised by it may issue a notice to the
member to show cause within a specified period as to why proceedings against him may not be taken for
his removal for breach of any of the provisions of section 25.
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(2) Where the Election Commission or an authority authorised by it is not satisfied
with the reply to the notice referred to in subsection (1) or any reply to the said notice is not
filed within the period fixed by it, it may order for an enquiry in the matter and for that purpose
appoint an enquiry officer.
(3) On the basis of enquiry held under subsection (2), the Election Commission or
an authority authorised by it may order the removal of the member.
33. Resignation.— (1) A Mayor, Deputy Mayor, Chairman, Vice Chairman or a member may
resign his office by tendering resignation in writing under his hand to the local government of which he
is the Mayor, Deputy Mayor, Chairman, Vice Chairman or a member.
(2) The resignation tendered under subsection (1) shall be deemed to have been accepted
and effective forthwith and the local government shall forward copies of the resignation to the
Election Commission and the Government.
34. Vote of no-confidence.— (1) Subject to this section, a Mayor or Deputy Mayor, 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 government.
(2) A motion of no-confidence shall not be moved before the expiry of one year of his
assumption of office as the Mayor or Deputy Mayor.
(3) Where a motion of no-confidence against the Mayor or Deputy Mayor, has been
moved and fails for want of the requisite majority of votes in a meeting, no similar motion shall
be moved against him before the expiry of one year from the date when such motion was moved.
35. Bar against re-election or re-appointment.— When a Mayor, Deputy Mayor, Chairman or
Vice Chairman, of a local government, is removed from office on the ground of misconduct, he shall
not, during the unexpired period of the term of that local government be eligible for re-election or reappointment
to any office during the remaining term of the local government.
36. Notification of election, resignation and removal.— (1) Every election or removal of a
member shall be notified by the Election Commission.
(2) The Government shall notify:
(a) vacation of office owing to resignation or death of a member; and
(b) election, appointment or vacation of office, owing to any cause, of the Mayor,
Deputy Mayor, Chairman or Vice Chairman.
37. Election petition.— (1) Subject to this Act, an election to an office of a local government shall
not be called in question except by an election petition.
(2) A candidate may, in the prescribed manner, file an election petition before the Election
Tribunal challenging an election under this Act.
38. Election Tribunal.— (1) The Election Commission shall, by notification, appoint an Election
Tribunal for such local area as may be specified in the notification.
(2) The Election Commission may transfer an election petition from one Election Tribunal
to another Election Tribunal.
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(3) Subject to the rules, the Election Commission may, by notification, issue instructions
for presentation, hearing and trial of an election petition.
(4) The Election Tribunal shall decide an election petition within one hundred and twenty
days from the date of filing of the election petition.
39. Powers of Election Tribunal.— The Election Tribunal may exercise 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.
40. Decision of the Election Tribunal.— (1) The Election Tribunal may, on the conclusion of trial
of an election petition, make an order-
(a) dismissing the petition;
(b) declaring the election of the returned candidate to be void;
(c) declaring the election of the returned candidate to be void and the petitioner or
any other contesting candidate to have been duly elected; or
(d) declaring the election as a whole to be void.
(2) The decision of the Election Tribunal shall take effect from the date on which it is made
and shall be communicated to the Election Commission.
41. Ground for declaring election of returned candidate void.— (1) The Election Tribunal shall
declare the election of the returned candidate to be void if it is satisfied that-
(a) the nomination of the returned candidate was invalid; or
(b) the returned candidate was not, on the nomination day, qualified for or was
disqualified from, being elected as a member; or
(c) the election of the returned candidate has been procured or induced by any
corrupt or illegal practice; or
(d) corrupt or illegal practice has been committed by the returned candidate or his
election agent or by any other person with the connivance of the candidate or his
election agent.
(2) The election of a returned candidate shall not be declared void if the Election Tribunal is
satisfied that any corrupt or illegal practice was committed without the consent or connivance of that
candidate or his election agent and that the candidate and the election agent took all reasonable precaution
to prevent its commission.
42. Ground for declaring a person other than a returned candidate elected.— The Election
Tribunal shall declare the election of the returned candidate to be void and the petitioner or any other
contesting candidate to have been duly elected, if it is so claimed by the petitioner or any of the
respondents and the Election Tribunal is satisfied that the petitioner or such contesting candidate was
entitled to be declared elected.
43. Ground for declaring elections as a whole void.— The Election Tribunal shall declare the
election as a whole to be void if it is satisfied that the result of the election has been materially affected by
reasons of-
(a) the failure of any person to comply with the provisions of this Act or the rules; or
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(b) the prevalence of extensive corrupt or illegal practice at the election.
44. Decision in case of equality of votes.— Where after the conclusion of the trial, it appears that
there is an equality of votes between two or more contesting candidates and the addition of one vote for
one such candidate would entitle him to be declared elected, the Election Tribunal shall draw a lot in
respect of such candidates and the candidate on whom the lot falls shall be deemed to have received the
highest number of votes entitling him to be declared elected.
45. Appeal against the orders of Election Tribunal.— (1) Any person aggrieved by a final order
of an Election Tribunal may, within thirty days of the communication of such order, prefer an appeal to
the Islamabad High Court.
(2) The Islamabad High Court shall decide an appeal preferred under subsection (1) within
ninety days.
46. Corrupt practice.— A person guilty of bribery, personating or undue influence shall be
punishable 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.
47. Bribery.— A person is guilty of bribery if he, directly or indirectly, by himself or by any other
person on his behalf:
(a) receives, agrees or contracts for any gratification for voting or refrains from voting or
refrains from being a candidate at or withdrawing or retiring from, an election;
(b) gives, offers or promises any gratification to any person for the purpose of –
(i) inducing a person to be or to refrain from being a candidate at an election;
or
(ii) inducing a voter to vote or refrain from voting at any election; or
(iii) inducing a candidate to withdraw or retire from an election; or
(iv) rewarding a person for having been or for having refrained from being a
candidate at an election; or
(v) rewarding a voter for having voted or refrained from voting at an election; or
(vi) rewarding a candidate for having withdrawn or retried from an election.
Explanation:- In this section, ‘gratification’ includes a gratification in money or estimable in
money and employment for reward.
48. 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, dead or fictitious.
49. Undue influence.— A person is guilty of undue influence, if he:
(a) in order to compel any person to vote, refrain from voting, or to induce or compel any
person to withdraw his candidature at an election, directly or indirectly, by himself or
by any other person on his behalf:
(i) makes or threatens to make use of any force, violence or restraint;
(ii) inflicts or threatens to inflict any injury, damage, harm or loss; or
(iii) uses any official influence or Governmental patronage; or
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(b) on account of any person having voted or refrained from voting, or having withdrawn
his candidature, does any of the acts specified in clause (a); or
(c) by abduction, duress or any fraudulent device or contrivance-
(i) impedes or prevents the free exercise of the franchise by a voter; or
(ii) compels, induces or prevails upon any voter to refrain from voting or compels
any voter to vote.
Explanation:- In this section, ‘harm’ includes social ostracism or excommunication or
expulsion from any caste or community.
50. Illegal practice.— A person is guilty of illegal practice punishable with fine which may extend
to two thousand rupees, if he-
(a) obtains or procures, or attempts to obtain or procure, the assistance of any
officer or official of the Federal Government, or a local government or
authority to further or hinder the election of a candidate;
(b) votes or applies for a ballot paper for voting at an election knowing that
he is not qualified for voting or is disqualified from voting;
(c) votes or applies for a ballot paper for voting more than once at any polling
station;
(d) removes a ballot paper or a ballot box from a polling station or destroys,
damages or tampers with the ballot-box used at a polling station;
(e) knowingly induces or procures any person to do any of the aforesaid acts;
(f) fails to provide statement of election expenses as required under this Act;
(g) makes or publishes a false statement-
(i) concerning the personal character of a candidate or his relation
calculated to adversely affect the election of such candidate or, for
purposes of promoting or procuring the election of another candidate,
unless he proves that he had reasonable ground for believing, and did
believe, the statement to be true;
(ii) relating to the symbol of a candidate whether or not such symbol has
been allocated to such candidate; or
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a candidate, lets, lends, employs,
hires, borrows or uses any vehicle or vessel for purposes 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; or
(i) causes or attempts to cause any person present and waiting to vote at the polling
station to depart without voting.
51. Prohibition of canvassing.— A person is guilty of an offence punishable with fine which may
extend to two thousand rupees, if he, on the polling day in connection with the election,-
(a) convenes, calls or organises within a ward any meeting; or
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(b) within a radius of two hundred meters of the polling station-
(i) canvasses for votes;
(ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the election or for a particular candidate; or
(iv) exhibits, except with the permission of the returning officer and at a place
reserved for the candidate or his polling agent beyond the radius of one hundred
meters of the polling station, any notice, sign, banner or flag designed to
encourage the voters to vote, or discourage the voters from voting, for any
contesting candidate.
52. 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 three
thousand rupees or with both, if he -
(a) uses, in such manner as to be audible within the polling station any gramophone,
megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds; or
(b) persistently shouts in such manner as to be audible within the polling station; or
(c) does any act which-
(i) disturbs or causes annoyance to any voter visiting a polling station for the
purpose of voting; or
(ii) interferes with the performance of the duty of a presiding officer, polling officer
or any other person performing any duty at a polling station; or
(d) abets the doing of any of the aforesaid acts.
53. 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 twenty thousand rupees or
with both, if he-
(a) fraudulently defaces or destroys any nomination paper or ballot paper;
(b) fraudulently takes out of the polling station any ballot paper or puts into any ballot box
any ballot paper other than the ballot paper he is authorized under the rules to put in;
(c) without due authority-
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet or
ballot papers in use for the purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions of the rules; or
(d) causes any delay or interruption in the beginning, conduct or completion of the
procedure required to be immediately carried out on the close of the poll; or
(e) fraudulently or without due authority attempts to do any of the aforesaid acts.
54. Interference with the 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 twenty thousand
rupees or with both, if he:
(a) interferes or attempts to interfere with a voter when he records his vote;
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(b) in any manner obtains or attempts to obtain, in a polling station, information as to the
candidate for whom a voter in that station is about to vote or has voted; or
(c) communicates at any time any information obtained in a polling station about the
candidate for whom a voter in that station is about to vote or has voted.
55. 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 twenty thousand rupees or with both, if he-
(a) fails to maintain or aid in maintaining the secrecy of voting; or
(b) communicates any information obtained at the counting of votes as to the candidate for
whom any vote is given by any particular ballot paper.
56. Conduct of officials.— A presiding officer, polling officer or any other officer or official
performing 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:-
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder the election of a candidate;
(e) fails to maintain or aid in maintaining the secrecy of voting;
(f) communicates, except for any purpose authorised by any law, to any person before the
poll is closed any information as to the name or number on the electoral roll of any
voter
who has or has not applied for a ballot paper, or has or has not voted at a polling station;
or
(g) communicates any information obtained at the counting of votes as to the candidate for
whom any vote is given by any particular ballot paper.
57. Breaches of official duty in connection with election.— A Returning Officer, Assistant
Returning Officer, 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.
58. Assistance by Government servants.— A person in the service of the Government, a local
government or a body owned or controlled by the 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.
59. Summary trial.— All offences under this Chapter except the offence under section 45 shall be
tried summarily under the provisions of the Code.
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60. Cognizance.— A Court shall not take cognizance of an offence under section 56 or section 57
except on a complaint in writing of the Election Commission or the Returning Officer.
61. Offence to be cognizable.— An offence punishable under section 45 shall be a cognizable
offence.
62. Prosecution of offences under this Chapter.— (1) Subject to section 59, a Court shall not take
cognizance of an offence under this Chapter except on a complaint in writing made by order or under
authority of the Election Commission.
(2) An offence punishable under this Chapter shall be triable by a Magistrate of first
class.
CHAPTER VI
EXECUTIVE POWERS AND CONDUCT OF BUSINESS
63. Executive authority and conduct of business.— (1) The executive authority of a local
government shall extend to doing of all acts necessary for the due discharge of its functions under this
Act.
(2) Save as otherwise provided, the executive authority of a local government shall vest
in and be exercised by its Mayor or Chairman.
(3) The Government may by notification, delegate any function of a Mayor or a
Chairman to a Deputy Mayor or Vice Chairman subject to such conditions as may be prescribed
in the notification.
(4) All acts of a local government, whether executive or otherwise, shall be expressed to
be taken in the name of the local government and shall be authenticated in the manner
prescribed.
(5) For Metropolitan Corporation, the Government shall appoint a Chief Officer and such
number of other officers as may be prescribed.
(6) The Chief Officer of Metropolitan Corporation shall be its Principal Accounting
Officer and, in case of a Union Council, the Chairman of the Union Council shall be the
Principal Accounting Officer.
(7) The Chief Officer shall ensure coordination between the Metropolitan Corporation
and the Union Councils in Islamabad Capital Territory and the Government.
(8) The Chief Officer shall be responsible for ensuring adherence by the Metropolitan
Corporation to all laws, policies and oversight framework of the Government in the prescribed
manner.
64. Additional functions.— (1) The Government may, in the prescribed manner, devolve one or
more of its functions to a local government for improved and efficient service delivery to the citizens.
(2) In the performance of the functions mentioned in subsection (1), a local government
shall be bound by the directions of the Government.
(3) The Government shall, in the prescribed manner, provide technical support and fiscal
resources required for carrying out the said functions by a local government.
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65. Delegated functions.— (1) The Metropolitan Corporation may, in the prescribed
manner, devolve one or more of its functions to the Union Councils for improved and efficient
service delivery to the citizens.
(2) In the performance of the function mentioned in subsection (1), a Union Council shall
be bound by the directions of the Metropolitan Corporation.
(3) The Metropolitan Corporation shall, in the prescribed manner, provide technical
support and fiscal resources required for carrying out the devolved functions by a Union Council.
66. Conduct of business.— (1) The business of a local government shall be conducted in the
prescribed manner.
(2) Any proceedings or decision of a local government shall not be invalid merely
because of a vacancy or defect in the membership of the local government.
(3) A local government may appoint committees consisting of such number of its
members and other persons to perform such functions and in such manner as may be prescribed.
67. Meetings.— (1) A local government shall, within three months of the assumption of office,
frame bye-laws for the conduct of its meetings.
(2) A meeting of a local government shall be presided over by the Mayor or Chairman
and, in his absence, by the Deputy Mayor or Vice Chairman and, in the absence of both, by a
member chosen for that purpose by the members present.
(3) A local government shall hold at least one meeting during a month.
(4) A meeting of a local government shall be open to public except when a local
government, by simple majority, decides to consider any matter in a session attended exclusively
by its members and officials.
(5) The Chief Officer or an officer authorised by him shall record minutes of the meeting
of a local government and submit the same to the person who presided the meeting for approval.
(6) The Chief Officer shall, after approval, issue the minutes of a meeting under his
signatures.
(7) A member who, directly or indirectly, by himself or by any partner, employer or
employee has any share or interest in respect of any matter or has acted professionally, in
relation to any matter on behalf of any person having therein any share or interest as aforesaid,
shall not vote or take any other part in any proceedings of the local government or any of its
committees.
68. Contracts.— (1) All contracts made by or on behalf of a local government shall be:
(a) in writing and expressed to be made in the name of the local government;
(b) executed in such manner as may be prescribed; and
(c) reported to the local government by the Mayor or the Chairman at the meeting next following
the execution of the contract.
(2) A local government may assign any of its functions to a public or private organization
on such terms and conditions or enter into public-private partnership for efficient performance of
any of its functions as may be prescribed.
69. Reporting and evaluation.— (1) A local government shall -
(a) maintain such record of its working as may be prescribed or required by the
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Government;
(b) prepare and publish such periodical reports and returns as may be prescribed or
required by the Government; and
(c) adopt such other measures as may be necessary for the publication of information
about the working of the local government.
(2) The performance evaluation of officers and officials of the local governments shall be made
in the prescribed manner.
CHAPTER VII
UNION COUNCILS
70. Union Councils.— (1) A Union Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property and enter into any
contract and may sue and be sued in its name.
(2) The Chairman of a Union Council shall be the executive head of the Union Council
and the Vice Chairman of the Union Council shall perform the functions of the Chairman when
the Chairman is unable to perform his functions on account of absence or for any other reason.
(3) A Chairman of a Union Council shall:-
(a) provide leadership for preparation of budget and the annual development plan;
(b) present the budget in the Union Council;
(c) ensure that the business of Union Council is carried out strictly in accordance
with this Act and other laws;
(d) issue executive orders to the Union Secretaries;
(e) represent the Union Council in the Metropolitan Corporation; and
(f) report to the concerned authorities in respect of -
(i) encroachment on State or local government property and violation of
land use and building laws, rules and bye-laws;
(ii) dangerous and offensive articles and trades mentioned in First
Schedule;
(iii) environmental and health hazards; and
(iv) adulteration of articles of food.
(4) A Union Council Secretary, under the supervision of the Chairman, shall coordinate
and facilitate in community development, functioning of the committees and delivery of
municipal services.
(5) The Government may, in the prescribed manner, issue a schedule of establishment for
a Union Council.
71. Functions of the Union Council.– (1) A Union Council shall, subject to the provisions
of the Capital Development Authority Ordinance 1960, perform functions specified in the
Second Schedule.
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CHAPTER VIII
METROPOLITAN CORPORATION
72. Metropolitan Corporation.— The Metropolitan Corporation shall be a body corporate having
perpetual succession and a common seal, with power to acquire and hold property and enter into any
contract and may sue and be sued in its name.
73. Functions of Metropolitan Corporation.— (1) The Metropolitan Corporation shall, subject to
the provisions of Capital Development Authority Ordinance 1960 and Islamabad Capital Territory
Zoning Regulations 1992 perform functions mentioned in Third Schedule.
(2) The Metropolitan Corporation may entrust any of its functions to a person, an authority,
agency or company through a contractual arrangement, on such terms and conditions as may be
prescribed.
74. Executive Authority.— (1) A Mayor shall be the executive head of the Metropolitan
Corporation.
(2) The Deputy Mayor, and in case there are more than one Deputy Mayor, the Deputy
Mayor who is senior in age, shall perform the functions of the Mayor if the Mayor is unable to
perform his functions on account of absence or for any other reason.
(3) The Chief Officer shall coordinate and facilitate the performance of functions assigned to the
Metropolitan Corporation under the supervision of the Mayor.
75. Mayor.— (1) The Mayor shall-
(a) provide vision for leadership and direction for efficient functioning of
the Metropolitan Corporation in consultation and coordination with other
Government agencies and authorities;
(b) recommend to the Metropolitan Corporation, the strategies, programmes
and services to address prioritised needs;
(c) recommend or determine the best way to implement those strategies,
programmes and services through partnerships, delegations, contracts
and other means to the maximum benefit of the community;
(d) maintain administrative and financial discipline of the Metropolitan
Corporation;
(e) present tax proposals to the Metropolitan Corporation;
(f) issue executive orders to the municipal offices for discharge of the
functions of the Metropolitan Corporation;
(g) represent the Metropolitan Corporation on public and ceremonial
occasions;
(h) present proposal to the Metropolitan Corporation for approval of budget;
(i) conduct inspections of municipal offices functioning under the
Metropolitan Corporation; and
(j) to devise mechanisms for accountability and oversight in municipal
matters.
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(2) The Mayor shall, in the performance of duties:
(a) identify and develop criteria in terms of which progress in the implementation
of the strategies, programmers and services can be evaluated, including key
performance indicators;
(b) evaluate progress against the key performance indicators;
(c) review the performance of the Metropolitan Corporation in order to improve:
(i) economy, efficiency and effectiveness;
(ii) efficiency of revenue collection services; and
(iii) implementation of the bye-laws;
(d) oversee formulation and execution of the annual development plan, delivery of
services and functioning of the Metropolitan Corporation;
(e) present report on the performance of the Metropolitan Corporation to the house
of the Metropolitan Corporation at least twice a year; and
(f) Perform such other duties and exercise such powers as the Metropolitan
Corporation may delegate.
76. Chief Officer.— (1) The Chief Officer shall be responsible for:
(a) coordination;
(b) internal audit;
(c) human resource management;
(d) public relations;
(e) legal affairs; and
(f) emergency services.
(2) The Chief Officer, in carrying out his functions, shall:
(a) supervise and coordinate all offices responsible for the provision of municipal
services;
(b) prepare a report on the planning and implementation of development plans of
the Metropolitan Corporation for presentation to the house of the Metropolitan
Corporation in its annual budget session;
(c) ensure that the business of the Metropolitan Corporation is carried out in
accordance with the law;
(d) ensure implementation of environmental and social safeguards;
(e) effect procurements, as prescribed in accordance with law; and
(f) take action against violators of this Act, rules or bye-laws.
77. Municipal offices.— The Government may, in the prescribed manner, issue a schedule of
establishment for the Metropolitan Corporation and such schedule may include planning,
finance, municipal regulation and municipal infrastructure offices.
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CHAPTER IX
LOCAL GOVERNMENT FINANCE
78. Local Fund and Public Account.— (1) A local government shall establish a Local Fund and
all the revenues received by the local government from the following sources shall be credited to the
Fund:
(a) the proceeds of taxes, tolls, fees, rates or charges levied by the local government;
(b) grants made to or monies received by the local government from the Government or
other sources;
(c) rents and profits payable or accruing to the local government from immovable
property vested in or controlled or managed by it;
(d) proceeds or any other profits from any investment;
(e) gifts, grants or contributions to the local government by individual or institutions;
(f) income accruing from markets or fairs regulated by the local government;
(g) fines and penalties imposed under this Act;
(h) proceeds from other sources of income which are placed at the disposal of the local
government under directions of the Government;
(i) all monies transferred to the local government by the Government; and
(j) monies transferred by another local government under this Act.
(2) The Government shall transfer the grants of a local government, in the shape of share in
the proceeds of taxes of the local government collected by the Government, to the Local Fund of the
local government on monthly basis.
(3) Every local government shall maintain a Public Account to place all revenues
received by the local government from the following sources-
(a) receipts accruing from trusts administered or managed by the local government;
(b) refundable deposits received by the local government; and
(c) deferred liabilities.
(4) A local government may establish and maintain a separate account for any special
purpose to which one or more sources of revenue mentioned in sub-section (1) or any part of
these sources or any specified portion of the Local Fund may be assigned.
(5) The separate account under subsection (1) shall be maintained, administered and
regulated as if it were a Local Fund.
79. Custody of Local Fund and Public Account.— The monies credited to the Local Fund or the
Public Account of a local government shall be kept and operated in an account of the local government
in such manner as may be prescribed.
80. Charged expenditure.— (1) The following expenditure shall be charged upon the Local Fund:
(a) the money required for repayment of loans;
(b) the money required to satisfy any judgment, decree or award against the local
government;
(c) the money that the local government may be required by the Government to
23
contribute towards the conduct of local government elections and other deferred liabilities of
the local government; and
(d) such other expenditure of local government as may be prescribed.
(2) If any expenditure is a charge upon the Local Fund and is not paid, the Government
may, by order, direct the person having the custody of the respective Local Fund to pay such
amount from the Local Fund.
81. Application of Local Fund.— (1) Monies credited to a Local Fund shall be expended in
accordance with the annual budget and revised budget estimates approved by the local government.
(2) A local government shall not transfer monies to any other local government except by
way of payment of debts, for carrying out deposit works or for such other purposes as may be
prescribed.
(3) The application of Local Fund shall be subject to the budgetary constraints and
according to the minimum prescribed ratio of development and non-development expenditures.
(4) 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 month of the
budgeted funds for the remainder of its term in office in that financial year.
82. Budget.— (1) The annual budget for a local government shall contain estimates of:
(a) grants from the Government;
(b) amounts available in the Local Fund;
(c) receipts for the next year; and
(d) expenditure to be incurred for the next year.
(2) The Government shall, sufficiently before the beginning of each financial year, notify
the provisional share, which may be credited to the Local Fund of a local government.
(3) The functionaries of a local government may re-appropriate budget in accordance
with the powers of re-appropriation delegated to them by the local government and at the end of
the financial year, a revised budget shall be submitted to the local government for approval.
(4) A demand for a grant shall not be made except on the recommendation of the Mayor
or the Chairman.
(5) Conditional grants from the Government or other local government shall be shown
separately in the budget and shall be governed by the conditions on which such grants were
made.
(6) A local government shall prepare the budget in the prescribed manner and in
accordance with the chart of accounts notified by the Auditor-General of Pakistan.
83. Approval of budget.— (1) Before the commencement of the next financial year, the Mayor or
Chairman shall present the budget for consideration and approval of the local government.
(2) The local government may discuss the charged expenditure but shall not vote on such
expenditure.
(3) The budget of a local government shall, subject to quorum, be approved by simple
majority and the local government shall not take up any other business during the budget session.
(4) The Government may review approved budget of a local government, and if found
contrary to the budget rules, may require the local government to rectify it.
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(5) A budget shall not be approved if the sums required to meet estimated expenditure
including previous liabilities and commitments exceed the estimated receipts.
(6) In case a budget is not approved by a local government before the commencement of
the financial year to which it relates, the local government shall spend money under various
objects, on pro-rata basis, in accordance with the budgetary provisions of the preceding financial
year for a period not exceeding thirty days.
(7) A local government shall not spend funds or make commitments for any expenditure,
under any demand for grant or appropriation, in excess of eight percent of the amount budgeted
in the preceding year within the period of thirty days mentioned in sub-section (6).
(8) In case, a local government fails to pass the budget within the extended period as
specified in sub-section (6), the Government shall prepare, approve and authenticate the budget
of the local government for full year.
(9) After approval of the budget by a local government, the Mayor or the Chairman shall
authenticate under his signature a schedule specifying:
(a) grants made or deemed to have been made by the local government; and
(b) sums required to meet the expenditure charged upon the Local Fund.
(10) The schedule authenticated under sub-section (8) shall be laid before the local
government but shall not be open to discussion or vote.
(11) The authenticated schedule shall be communicated to the local government
functionaries, accounts officials and the Government.
(12) At any time before the expiry of the financial year to which the budget relates, a
revised budget for the year may, if necessary, be prepared and such revised budget shall be
approved in the manner as that of annual budget.
84. Honoraria and allowances.— A local government may, subject to the prescribed limitations,
make budgetary provisions for honoraria and allowances of the Mayor, Chairman, Deputy Mayor, Vice
Chairman or a member of the local government.
85. Accounts.— (1) The accounts of all receipts and expenditure of a local government shall be
kept in such form and in accordance with such principles and methods as may be prescribed by the
Auditor-General of Pakistan.
(2) In addition to maintenance of accounts by Metropolitan Corporation, the government
may notify any other officer(s) to maintain such accounts also.
(3) The Union Secretary shall maintain the accounts of the Union Council.
(4) The officer(s) notified under sub-section (2) shall pre-audit all the payments from the
Local Fund of a local government other than the payments from the Local Fund of the Union
Councils.
(5) The Union Secretary shall pre-audit all the payments from the Local Fund of the
Union Council.
(6) A local government shall not withdraw or disburse money from the Local Fund
unless it is pre-audited in the prescribed manner.
(7) The officer(s) notified under sub-section (2) shall, by fifteenth day of July, prepare an
annual statement of receipts and expenditures of the accounts of local governments for the
preceding financial year and shall transmit the statement to the Government and the concerned
local government.
(8) A copy of the annual statement of accounts shall be displayed at a conspicuous place
25
in the office of the local government, and on the internet/web, for public inspection and all
objections or suggestions concerning such accounts received from the public shall be considered
by the local government and appropriate decision shall be taken.
(9) The Controller General Accounts shall, on the basis of such audit as he may consider
appropriate or necessary, certify the accounts of a local government for each financial year.
86. Audit.— (1) The Auditor-General shall audit the accounts of a local government in the form
and manner as may be deemed appropriate.
(2) The audit report of the Auditor-General shall be considered by the Public Accounts
Committee of the National Assembly.
(3) If in the opinion of the Government, it is necessary in public interest to have a special
audit of a local government; it may direct that such audit may be conducted either by the officer notified
under Section 84(2) or any other audit agency.
(4) After the receipt of special audit report of a local government, the Government may,
after enquiry by the Local Government Commission, take appropriate action on the recommendations of
the Commission.
87. Local government debt.— (1) A local government shall not incur any debt without previous
approval of the Government.
(2) A local government may invest surplus funds, if any, in such securities and financial
institutions, as may be approved by the Government.
CHAPTER X
LOCAL GOVERNMENT TAXATION
88. Taxes to be levied.— (1) Subject to this Act, a local government may, by notification, levy any
tax, fee, rate, rent, toll, charge or surcharge specified in Fourth Schedule.
(2) The Government shall vet the tax proposal prior to the approval of the tax by the local
government in order to ensure that the proposal is reasonable and in accordance with law.
(3) The Government shall vet the tax proposal within thirty days from the date of receipt
of the proposal failing which it shall be deemed to have been vetted by the Government.
(4) A local government shall not levy a tax without previous publication of the tax
proposal and inviting and hearing public objections.
(5) A local government may, subject to provision of subsection (1), increase, reduce,
suspend, abolish or exempt any tax.
89. Property tax.— (1) The property tax, under this Act, shall be collected by Metropolitan
Corporation.
(2) In matters for which no provision or no adequate provision relating to the property
26
tax has been made under this Act, the provisions of the Urban Immovable Property Tax Act
(West Pakistan Act V of 1958), as adapted in Islamabad Capital Territory, shall apply.
(3) The Tax collected under this section shall be distributed amongst the Metropolitan
Corporation and Union Councils in such a ratio as the Government may, by notification, specify.
90. Collection of taxes.— (1) A tax or fee levied under this Act shall be collected in the prescribed
manner.
(2) The Government may prescribe the mode of collection of a tax or a fee levied under this
Act.
(3) If a person fails to pay any tax or fee or any other money payable to a local government,
the local government and, if so requested by the local government, the Government shall recover the
tax, fee or other money as arrears of land revenue.
(4) The recovery of tax, fee or other money under sub-section (3) shall not absolve the
person from prosecution of any offence under this Act or any other law.
91. Additional powers of the Government.— (1) Notwithstanding anything contained in this
Chapter, the Government may, by rules, determine the minimum rate of a tax or fee to be levied and
collected by a local government.
(2) The Government may, for reasons to be recorded in writing and by notification, exempt
the levy of any tax or fee of a local government for a specified period of not more than fifteen days on
any special occasion or in order to alleviate the specific hardship suffered by people at large or a section
of people.
CHAPTER XI
LOCAL GOVERNMENT RELATIONS
92. Relations of Government and local governments.— (1) A local government shall collect such
tax or taxes within its local area as the Government may direct and the local government shall, after the
collection of such tax or taxes, deposit the receipts in the relevant Government account.
(2) The Government may provide guidelines and render advice to a local government for
achieving the objectives of Government policy and for promoting economic, social and environmental
security of the Capital Territory.
93. Powers of the Government.— (1) The Government may issue directions to a local
government and the local government shall be bound by such directions.
(2) Where the situation demands immediate action and the local government fails to
comply with the directions given to it under subsection (1), the Government may direct the officer
authorized by it to take such action as the situation may necessitate.
94. Entrustment of functions to local government.— (1) When the Government requires
a local government to perform any specific task beyond the budgetary provisions of the local
government, the Government shall provide necessary resources to the local government.
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(2) A local government may, with the consent of the Government, entrust any of its
functions to the Government or to any other local government.
(3) The Government may, with the consent of a local government, decentralize any of its
offices other than the offices already decentralized to the local government or entrust any of its functions
to the local government and in that case the Government shall provide technical and administrative
support and fiscal resources for the performance of such functions.
95. Local Government Commission.— (1) The Government shall appoint a Local
Government Commission which shall consist of persons of integrity and good track record of
public service.
(2) The Commission shall consist of the following:
(a) a Chairman, who shall be a retired civil servant or an eminent citizen of
integrity and good track record, to be appointed by the Government;
(b) two members of the National Assembly, one each nominated by the
leader of the House and leader of the Opposition in the National
Assembly;
(c) two eminent, qualified and experienced technocrat members nominated
by the Government, including at least one woman;
(d) Representative of Chief Commissioner Islamabad Capital Territory office
not below the rank of BS-19; and
(e) Director, Development & Finance, Islamabad Capital Territory
(3) The Director, Development & Finance, Islamabad Capital Territory shall be the
Secretary of the Commission.
(4) The Local Government Commission may co-opt any official of the Government
for any specific assignment.
(5) Subject to subsection (6), the tenure of the members of the Local Government
Commission, other than the Chairman, Secretary and representatives of Chief Commissioner
and Chairman Capital Development Authority, shall be five years.
(6) The Government may, after serving a notice and opportunity of hearing, remove
a member of the Commission after recording reasons.
(7) In the event of a casual vacancy in the membership of the Commission, the Government
shall, for the residual period, appoint another person of the same category as member of the
Commission in accordance with the provisions of subsection (1).
(8) The Ministry of Interior or the Administration shall provide secretarial support
to the Commission by establishing a separate Secretariat of the Commission.
(9) No act or proceedings of the Commission shall be invalid by reason or existence
of any vacancy or defect in the constitution of the Commission.
(10) The Government shall provide a separate budget for the Commission in the
annual budget.
(11) The Government shall notify the schedule of establishment of the Commission.
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(12) The Secretary of the Commission shall be the Principal Accounting Officer and the
Commission shall have its own drawing and disbursing officer.
(13) The Government, its departments and agencies shall aid and assist the Commission in
the performance of its functions
96. Functions of the Commission.— (1) The Local Government Commission shall:
(a) conduct annual and special inspections of the local governments and submit its reports to
the Government;
(b) if so directed by the Government, conduct,:
(i) an inquiry by itself or through any other agency about any matter concerning a
local government;
(ii) audit by itself or direct any other agency to conduct a special audit of a local
government;
(c) resolve the disputes between any Division/Office/Department of the Government and a
local government and if the Commission fails to settle the dispute, the aggrieved party
may move the Government for resolution of the dispute;
(d) enquire into the matters referred to it by the Government or a Chief Officer and give its
decision on such matter;
(e) conduct social and performance audit of the local governments on the basis of
specific performance indicators through a third party and publish the report of
such audit;
(f) submit to the Government an annual report on the over-all performance of the local
governments;
(g) take cognizance of violations of laws and rules by a local government in the performance
of its functions; and
(h) organize consultative planning meetings of National legislators and the Mayors on a
periodic basis to provide their participation in development activities with regard to-
(i) consultative process of the annual development plan;
(ii) formulating procedure for utilization of the Legislators’ development grant;
(iii) assessing implementation of decision of these meetings;
(iv) carrying out review of development schemes; and
(v) facilitation in the performance of departmental functions of the decentralized
offices, relating to policy analysis, oversight, checks and balances, capacity
building and coordination through the Commission.
(2) The decision of the Commission shall be binding on the local governments failing
which the Commission may report the matter with specific recommendations to the Government for an
appropriate action.
(3) The Government may, on the recommendation of the Commission, suspend a Mayor or
a Chairman for a maximum period of ninety days for fair conduct of inquiry under sub-section (1) or for
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preventing the Mayor or Chairman from continuing with any unlawful activity during the pendency of
the inquiry.
(4) Where, on an inquiry under sub-section (1), the Mayor, Deputy Mayor, Chairman or
Vice Chairman is found guilty of misconduct by the Commission, the Commission shall recommend to
the Government any appropriate action including removal of the Mayor Deputy Mayor, Chairman or
Vice Chairman.
(5) The Commission may exercise the powers of a civil court under the Code of Civil
Procedures, 1908 (V of 1908), in respect of the following matters:
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commission for the examination of witnesses.
97. Responsibility of the Commission.— The Local Government Commission shall be responsible
to the Government.
98. Local Government Board.— (1) There shall be constituted a Board to be called the Local
Government Board consisting of a Chairman and not less than three and not more than five
members to be appointed by the Government on such terms and conditions as the Government
may determine.
(2) The Board shall be a body corporate having perpetual succession and a common seal
with power to acquire, hold and transfer property and shall, by its name, sue or be sued.
(3) The Chief Commissioner shall be ex-officio Chairman of the Board.
(4) The Government shall appoint a Secretary of the Board to deal with day to day
administration of the Board and to perform such other functions as may be assigned to him by
the Board.
(5) A local government shall contribute towards the expenditure of the Board an amount
calculated at such rate as may, from time to time, be fixed by the Government and the accounts
of the Board shall be maintained and audited in the prescribed manner.
(6) The Board shall:
(a) make appointments, order transfers, take disciplinary action and deal with other
service matters in respect of the members of the prescribed local government service
cadre;
(b) set up and operate pension fund and such other funds as may be considered necessary
for the benefit and welfare of the employees of the Board and the prescribed local
government service cadre; and
(c) perform such other functions as may be prescribed.
(7) The business of Board shall be conducted in such manner as may be prescribed.
99. Dissolution of local governments.— (1) Notwithstanding anything to the contrary contained in
section 28, where, before the expiry of the term of the local governments, the general elections for
National Assembly are announced, the Government may, by notification, dissolve the local governments.
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(2) On the dissolution of the local governments under sub-section (1), all powers and
functions of the local governments shall be exercised and performed by such persons or
authorities as the Board may appoint in this behalf as Administrators and the funds and
properties belonging to the local governments shall vest in Government till such time the elected
local governments assume office.
CHAPTER XII
LOCAL GOVERNMENT PROPERTY
100. Ownership of immovable property.— (1) Subject to any reservations made or any
conditions imposed by the Government, the property specified below shall vest in the
respective local government if it is:
(a) vested in the local government through succession as provided in section 3;
(b) transferred to the local government by the Government or any other authority,
organisation or an individual;
(c) constructed or acquired by the local government with its title; and
(d) a road, street or any other immovable property developed by the local government for
public purposes with express or implied consent of the owner.
(2) Until otherwise directed by the Government, the properties of the Government in
possession of the local governments established under the Capital Territory Local Government
Ordinance, 1979 shall pass on to their successors as provided in section 126.
(3) The successor local governments shall, subject to policy of the Government or
contractual obligations, make bye-laws for the use, development and management of the local
government properties.
(4) The Government shall not, except with the prior consent of the local government, transfer an
immovable property vested in the local government.
101. Transfer of property by the Government.— Subject to such conditions as may be
prescribed, the Government may, on its own accord or on a request by a local government,
transfer the management of nazul land, auqaf land or any other Government or public property
to it for administration as a trustee.
102. Stock taking by the local government.— (1) Every local government shall once in
every year in July, take the physical stock of its movable and immovable properties and
publish the report in the prescribed manner.
(2) The report referred to in subsection (1) shall contain -
(a) particulars of the properties held during the preceding year;
(b) total value of the property, annual return there from and change in its value, if
any;
(c) particulars of unserviceable articles;
(d) particulars of losses, if any; and
(e) proposal for utilization, development and improvement during the following year.
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103. Use of properties of local governments.— (1) The properties of local governments
shall be used only for public purposes.
(2) Subject to this section, a local government shall not sell or permanently alienate any
of its immovable property.
(3) A local government may grant lease of its immovable property through competitive
bidding by public auction in the prescribed manner.
(4) The Government may constitute a Committee headed by the Chief Officer of the local
government to identify the encroached or redundant properties of a local government that may be
sold in the prescribed manner with the approval of the Government and the funds generated from
the sale of such properties shall be kept in a separate account and be used only for purposes of
development.
(5) The movable property of a local government which is required to be disposed of
shall be sold through competitive bidding by public auction.
104. Acquisition of immovable property.— (1) Whenever any local government
considers it necessary or expedient it may acquire any immovable property for a public
purpose.
(2) A local government may, in the prescribed manner, purchase an immovable property
through an agreement when such property is required for a public purpose.
CHAPTER XIII
OFFENCES AND ENFORCEMENT
105. Offences, punishments and their cognizance.— (1) The offences specified in Fifth and Sixth
Schedules shall be liable to punishment by way of imprisonment, fine, seizure, forfeiture, confiscation
and impounding and such other penalties as are provided in this Act.
(2) If a person commits an offence specified in-
(a) Part-I of Fifth Schedule, such person shall be punishable with imprisonment for
a term which may extend to seven years, or with fine which may extend to five
hundred thousand rupees or with both and where an accused was directed by
the Inspector for immediate discontinuance of the offence, the Court may
impose a further fine which may extend to fifty thousand rupees for every day
for the period the accused has persisted in the offence from the date of its
commission;
(b) Part-II of Fifth Schedule, such person shall be punishable with imprisonment
which may extend to three years or fine which may extend to one hundred
thousand rupees or with both and where an accused was directed by the
Inspector for immediate discontinuance of the offence, the Court may impose a
further fine which may extend to ten thousand rupees for every day for the
period the accused persisted in the offence from the date of its commission;
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(c) Part-III of Fifth Schedule, such person shall be punishable with imprisonment
which may extend to six months or fine which may extend to twenty five
thousand rupees or with both and where an accused was directed by the
Inspector for immediate discontinuance of the offence, the Court may
impose a further fine which may extend to five hundred rupees for every
day for the period the accused persisted in the offence from the date of its
commission; and
(d) Sixth Schedule, such person shall, in the first instance, be liable to fine by
issuing a ticket specified in Seventh Schedule and where an accused
repeats the offence within a period of three months for which the accused
was subjected to fine, he shall be liable to the same punishment as
provided in clause (c).
(3) The offences specified in clauses (a) and (b) of sub-section (2) shall be cognizable
and information in this regard shall be forwarded to the officer in-charge of a police station by
the Inspector after prior approval of the Chief Officer for registration of a case against the
accused in accordance with the provisions of section 154 of the Code.
(4) A Court shall take cognizance of the offences specified in clause (c) of subsection (2)
on a complaint made in writing by the Inspector after prior approval of the Chief Officer in
accordance with the provisions of section 200 of the Code.
(5) The offences specified in Part-III of Fifth Schedule and Sixth Schedule shall be tried
in a summary manner in accordance with the provisions of section 260 to 265 of the Code but the
limit of punishment mentioned in sub-section (2) of section 262 of the Code shall not be
applicable.
(6) The fines imposed by a Court for an offence specified in Sixth Schedule shall on
collection be deposited in the Public Account of the local government.
(7) The Government may, by notification, entrust to a local government the enforcement of any
other law.
106. Appointment and control of Inspectors.— (1) The Mayor or the Chairman shall, with the
approval of the local government, authorize the officials of the local government as Inspectors for the
enforcement of the offences specified in the Schedules.
(2) The prescribed officer shall be the controlling authority and administrative head of an
Inspector and the Inspector shall report to the officer for the enforcement of provisions of this
Chapter.
107. Imposition of fine through ticketing.— (1) Notwithstanding anything contained in this
Chapter, where any person, in the opinion of an Inspector, is contravening any provision of the
law relating to the offences specified in Sixth Schedule, the Inspector shall charge the accused by
issuing a ticket in the prescribed form for payment of fine specified in Seventh Schedule, if such
offence has been committed for the first time by the accused within three months.
(2) The ticket referred to in subsection (1) 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 Inspector for record.
(3) The fine may be deposited in the bank account of the local government within ten
days from the date of imposition of fine for credit in the Public Account of the local government.
(4) 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 office of the local
33
government.
108. Court proceedings for default in deposit of fine.— (1) The prescribed officer shall, on
daily basis, provide a scroll of all unpaid tickets to the Court.
(2) The Court receiving the scroll shall issue summons to the accused forthwith stating
the date of hearing for summary trial in accordance with the provisions of section 260 to 265 of
the Code but the limit of punishment mentioned in sub-section (2) of section 262 of the Code
shall not be applicable.
(3) Where on the first date of hearing, the accused appears before the Court and produces
the 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 determined by the Court in accordance with the procedure provided
in subsection (2) of section 388 of the Code further proceedings against the accused may be
dropped and no conviction shall be recorded against him.
(4) Upon the failure of the accused to appear before the Court in response to the
summons issued by it, 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 (c) of subsection
(2) of section 103.
109. Compounding of offences.— Subject to this Act, a local government shall constitute a
committee consisting of the Mayor or the Chairman as its Convener, an officer of the local
government and a member of the local government as its members for compounding the offences
in the prescribed manner.
110. Municipal Wardens.–(1) A local government, other than a Union Council, may, with
the prior approval of the Government, establish and maintain Municipal Wardens in the
prescribed manner.
(2) The Government may, notwithstanding anything contained in any other law, specify
the duties which such force may be required to perform.
111. General powers of Inspectors.– (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 Inspector may, in his area of jurisdiction, in addition to imposition of fine
or initiating prosecution under this Act -
(a) suspend any work;
(b) seize the goods;
(c) seal the premises;
(d) demolish or remove the work; or
(e) issue directions for taking corrective measures within the specified time.
(2) An Inspector shall not enter any dwelling unit without permission of the occupier or
the Court.
(3) An Inspector authorized under section 105 may, in relation to the offences specified
in Fifth Schedule -
(a) issue notices in writing on behalf of the local government;
(b) initiate legal proceedings in the Court; and
(c) assist in defending legal proceedings initiated against the local government.
34
112. Rights of citizen not affected.– Nothing contained in this Chapter shall restrict or limit
the right of the citizens or residents of a local area to bring any suit or other legal proceedings
against any local government, its officers or other functionaries violating his rights provided by
any law.
CHAPTER XIV
MISCELLANEOUS
113. Right to Information.— (1) Subject to any reasonable restrictions imposed under rules,
a person may seek any information in possession of a local government.
(2) Every designated functionary of a local government shall, within fifteen days of an
application, provide requisite information to the applicant on payment of such fee as may be
prescribed.
(3) A local government shall, on quarterly basis, publish on its website or at prominent
place information about the staffing and the performance of the offices of the local government
during the preceding three months.
(4) A local government shall maintain records in the prescribed manner with the special
emphasis on electronic record keeping.
114. Municipal entities.— (1) A local government other than a Union Council, with the
approval of the Government, may establish an authority, agency or company answerable to the
local government for the performance of municipal functions.
(2) A local government, other than a Union Council may, with the approval of the
Government and in coordination with any other local government, establish an authority, agency
or a company for an area covering more than one local government.
(3) An entity established under this section shall be subject to such control as may be
prescribed.
115. Local government servants.— (1) Notwithstanding anything contained in any other law,
the Government shall, in the prescribed manner, create a service cadre for a local government or
a group of local governments.
(2) The Government may prescribe the terms and conditions for recruitment, promotion,
dismissal, disciplinary, conduct and any other related service matter for the service cadre mentioned in
sub-section (1).
(3) A local government other than a Union Council may, in the prescribed manner,
absorb an employee, already working in any other municipal body/local government prior to the
commencement of this Act, with the consent of the employee against an equivalent pay scale.
116. Appeals.— A person aggrieved by any order passed by a local government or its
functionaries may prefer an appeal to such authority, in such manner and within such time as
may be prescribed and an order passed in appeal shall be final.
117. Power to make rules.– (1) The Government may, subject to previous publication and by
notification, make rules for carrying out the purposes of this Act.
2) In particular and without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the matters specified in Part-I of Eighth Schedule.
(3) The rules made under subsection (1) shall meet the following considerations:
(a) consistency with democratic decentralisation;
(b) enhancement of welfare of the people;
(c) fairness and clarity; and
35
(d) natural justice and due process of law.
118. Bye-laws.— (1) A local government may, and if required by the Government shall, make
bye-laws not inconsistent with this Act and the rules to give effect to the provisions of this Act.
(2) The bye-laws made by a local government shall come into force from the date the
bye-laws are published in the official Gazette or on the website specified by the Government.
(3) In particular and without prejudice to the generality of the foregoing power, the byelaws
may provide for all or any of the matters specified in Part-II of Eighth Schedule.
119. Delegation of powers.— (1) The Government may, subject to such conditions as may be
specified, delegate any of its functions under this Act to an officer subordinate to it except the
power to make rules, to suspend or remove a Mayor or Chairman or to dissolve the local
governments.
(2) Subject to the rules, a local government may delegate any of its powers, including
financial powers under this Act or rules or bye-laws to the Mayor, Chairman, Deputy Mayor or
Vice Chairman or any of its members or officers as it may deem fit, except the powers to make
bye-laws and to pass annual or revised budget.
120. Action taken in good faith.— No suit, prosecution, or other legal proceedings shall lie
against any public servant serving in a local government for anything done in good faith under
this Act.
121. General powers of local governments.— Notwithstanding any specific provision of this
Act, a local government shall perform its functions conferred by or under this Act and exercise
such powers and follow such procedures as are enumerated in Ninth Schedule.
122. Members and servants of local governments to be public servants.— Every member
and every servant of a local government, and every other person duly empowered to act on
behalf of a local government, shall be deemed to be a public servant within the meaning of
section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
123. Bar against employment.— The Mayor, Chairman, Deputy Mayor, Vice Chairman or a
member of a local government shall not be employed under such local government for a period
of one year from the date on which he ceases to be the Mayor, Chairman, Deputy Mayor, Vice
Chairman or member.
CHAPTER XV
TRANSITIONAL PROVISIONS
124. Interim authorities.— (1) On coming into force of this Act, any office, authority or a
local government established under the Capital Territory Local Government Ordinance, 1979 or
the Capital Development Authority Ordinance, 1960 or the Municipal Administration Ordinance,
1960 shall continue discharging functions and providing services without any interruption until a
local government is established under this Act for the local area.
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(2) All functionaries of a local government established under the Federal Capital Local
Government Ordinance, 1979 or the Capital Development Authority Ordinance, 1960 or the
Municipal Administration Ordinance, 1960 shall continue to perform their respective duties and
responsibilities with the successor local government under this Act, until transferred to any other
local government.
(3) The Government may re-organize the authorities, agencies and bodies of the local
governments established under the Capital Territory Local Government Ordinance, 1979 or the
Capital Development Authority Ordinance, 1960 or the Municipal Administration Ordinance,
1960 and decentralize such authorities, agencies and bodies to the local governments established
under this Act.
125. Interim maintenance of institutions.— Where on the enforcement of this Act in any area,
any service undertaken or institution maintained by the Government is required under any of the
provisions of this Act to be compulsorily undertaken or maintained by a local government, such
service or institution shall, notwithstanding anything contained in this Act, continue to be
undertaken or maintained by the Government until the management thereof is transferred to the
local government.
126. Financial transition.— (1) All taxes, cesses, fees, rates, rents, tolls or charges which were
being charged, levied and collected by any office of a local government or any authority shall
continue to be charged, levied and collected under this Act by the successor local government or
the authority and every person liable to pay such a tax, cess, fee, rate, rent, toll, charge or any
arrear of the tax, cess, fee, rate, rent, toll or charge shall continue to make the payment until such
tax, cess, fee, rate, rent, toll or charge is revised, withdrawn or varied under this Act.
(2) Where any local government established under the Federal Capital Local Government
Ordinance, 1979 (XIII of 2001) was receiving any grant or any compensation in lieu of Octroi or
Zila tax, the successor local government under this Act shall continue to receive such grant or
compensation.
(3) Where a local government assumes the office under this Act for the first time:
(a) the Government shall transfer grants to the local government on the basis of a
formula notified by the Government; and
(b) its budget for the financial year during which it assumes the office shall relate
to the remaining period of that year and provisions regarding budget under
this Act shall, as far as possible, apply to such a budget.
(4) On allocation, re-allocation or transfer of the employees of the Government or any
other body of any local government or any other organization established under the Federal
Capital Local Government Ordinance, 1979 or the Capital Development Authority Ordinance,
1960, the salaries, emoluments and pensions of such employees shall not be reduced on such
allocation, re-allocation or transfer.
(5) The Government shall ensure payment of salaries and other emoluments of the
employees referred to in subsection (4) till such time as the Government may deem appropriate.
127. Succession.— (1) The Government or an officer designated by the Government shall,
within one hundred and eighty days of the commencement of this Act, divide rights, assets and
liabilities of the local governments or the Authority amongst the local governments and the
Government or the Authority, and the decision of the Government or of the designated officer
shall be final.
(2) The Government shall bring all bye-laws, rules, regulations, notifications or any other legal
instrument, issued under any law in force on the date of commencement of this Act, in conformity with
37
this Act within a period of two years from the date of commencement of this Act.
(3) Except as provided by this Act, all existing bye-laws, rules, regulations, notifications or
any other legal instrument shall, subject to this Act, continue in force, so far as applicable and with the
necessary adaptations, until altered, repealed or amended by the Government.
128. Removal of doubts.— Where the Ordinance makes any provision for anything to be done but
has not made any provision or any sufficient provision, as to the authority by whom, or the manner in
which it shall be done, then it shall be done by such authority and in such manner as may be prescribed.
129. Repeal and saving.– (1) The Capital Territory Local Government Ordinance, 1979
(XXXIX of 1979), the Islamabad Capital Territory Local Government Ordinance, 2002 (CXVII
of 2002), the Islamabad Capital Territory Local Government Elections Ordinance, 2002 (LVII of
2002) and Section 15-A of the Capital Development Authority Ordinance, 1960 (XXIII of 1960)
are hereby repealed.
(2) Save as otherwise specifically provided in this Act, nothing in this Act 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
made, tax or fee levied, resolution passed, direction given, proceedings taken or instrument
executed or issued, under or in pursuance of the Capital Territory Local Government Ordinance,
1979 and Section 15-A of the Capital Development Authority Ordinance, 1960 and any such
thing, action, investigation, proceedings, order, rule, regulation, bye-laws, appointment,
conveyance, mortgage, deed, document, agreement, tax, fee, resolution, direction, proceedings or
instrument shall, if in force at the commencement of this Act, continue to be in force, and have
effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed
or issued under this Act.
130. Removal of difficulty.— (1)The Government may, within two years of the commencement
of this Act, by order consistent with this Act, provide for the removal of any difficulty which
may arise in giving effect to the provisions of this Act.
(2) Any question or doubt as to the interpretation of any provision of this Act or of any order
made thereunder shall be resolved by a decision of the President and such decision shall be final.
131. Amendment of Schedules.—(1) The Government may, by notification, amend any of the
Schedules.
(2) The Government, may by notification, assign any of the functions of the Union
Council or the Metropolitan Corporation, specified in the Second and Third Schedules
respectively, to any statutory body or public or private company.
FIRST SCHEDULE
[see sections 69 & 72]
DANGEROUS AND OFFENSIVE ARTICLES AND TRADES
1. The business of storing or selling timber, firewood, coal, charcoal and coke, hay straw
grass and bamboo, jute, shrub, hemp munj and their products, matches, explosives, petrol, oil
and lubricants, paper, ghee and other dangerously inflammable materials.
2. Sugar refining and sugar refineries.
38
3. Preparation of aerated water.
4. Operating or running bake houses.
5. Electroplating.
6. Welding.
7. Storing, packing, pressing, cleaning, preparing or manufacturing by any process
whatever blasting powder, ammunition, fireworks, gun powder, sulpher, mercury, gases, gun
cotton, saltpeter, nitro-compounds, nitro-mixtures, phosphercus or dynamite.
8. Cleaning, dying, preparing or manufacturing by any process whatever clothes or yarn
in indigo and other colours.
9. Storing, processing, cleanings, crushing, melting, preparing 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.
10. Manufacturing oils.
11. Washing or drying wool or hair.
12. Making or manufacturing bricks, “surkhi”, tiles, or earthenware pots clay pipes or
other earthenware by any process of baking or burning.
13. Burning or grinding of limestone or metal stone or storing of lime for sale.
14. Cleaning or grinding of grain or chilies by any kind or class or machinery.
15. Keeping animals likely to create nuisance.
16. Fell mongering.
17. Casting of heavy metals such as iron, lead copper and brass.
18. Dealing in poison, acid, chemicals, liquid or otherwise.
19. Whole-sale storing cleaning pounding and selling of tobacco except the storing of
tobacco required for the preparation of biddis, cigars or cigarettes.
20. Operating or running tin factories.
21. Manufacture of safes, trunks and boxes.
22. Marble cutting and polishing.
23. Glass leveling and polishing.
24. Manufacture of cement and hume pipes.
25. Storing, packing, pressing, cleaning, preparing or manufacturing by any process
whatever, rags, pitch, tar, turpentine, demmar, coconut, fibre, flax, hemp, rosin or spirit.
26. Tanning, pressing or packing hides or skins whether raw or dry.
27. Trade or operation of a Ferries.
28. 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.
29. Discharging fire-arms and letting off fire-works. Fire-balloons or detonators, or any
game dangerous to life, dwelling and other property.
30. Trading, storing and selling used or new tyres likely to cause dengue epidemic.
31. Manufacturing, keeping, storing or selling wire thread or any other material meant for
kite flying or likely to cause to human life or electric installations or disruption of electric
supply.
32. Any other article or trade declared by Government to be dangerous for life, health or
property or likely to cause nuisance.
39
SECOND SCHEDULE
[see Section 70]
FUNCTIONS OF UNION COUNCIL
(a) improve and maintain public ways, public streets and public open spaces;
(b) arrange lighting of public ways, public streets and public places;
(c) mobilize the community:
(i) for maintenance of public ways, public streets, culverts, bridges, public buildings and
local drains;
(ii) for plantation of trees, landscaping and beautification of public places in the Union
Council;
(iii) for prevention and removal of encroachments on public ways, streets and places;
(d) maintain rural water supply schemes and public sources of drinking water, including wells,
water pumps, tanks, ponds and other works for the supply of water and open drains;
(e) coordinate with the community organizations for proper maintenance of rural water supply
schemes and sewerage in the prescribed manner;
(f) establish cattle pounds;
(g) manage and maintain grazing areas, common meeting places and other common property;
(h) hold fairs and recreational activities;
(i) provide conservancy services in the Union Council;
(j) arrange for registration of births, deaths, marriages and divorces and pass on such information
about births, deaths, marriages and divorces in the Union Council to such persons and
institutions as may be prescribed;
(k) support a public sector agency to establish public facilitation centre in the Union Council for
such purpose and on such terms and conditions as may be prescribed;
(l) support relief measures in the event of any fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assisting relevant authorities in relief activities;
(m) promote local sports;
(n) provide for libraries and reading rooms;
(o) take other measures likely to promote the welfare, health, safety, comfort or convenience of
the inhabitants of the Union Council;
(p) identify deficiencies in delivery of services and making recommendations for improvement
of services to the Metropolitan Corporation;
(q) execute development works in the prescribed manner; and
(r) maintain such statistics and data as may be prescribed and disseminate information on matters
of public interest.
THIRD SCHEDULE
[see Section 72]
FUNCTIONS OF METROPOLITAN CORPORATION
(a) implement rules and bye-laws governing public utilities;
(b) approve development schemes for beautification of urban areas;
(c) enforce all municipal laws, rules and bye-laws governing its functioning;
(d) develop integrated system of water reservoirs, water sources, treatment plants,
drainage, liquid and solid waste disposal, sanitation and other municipal services;
(e) assist in provision of relief in the event of any fire, flood, hailstorm, earthquake,
epidemic or other natural calamity and assist relevant authorities in relief activities;
40
(f) execute and manage development plans;
(g) provide relief for the widows, orphans, poor, persons in distress and children and
persons with disabilities;
(h) promote technological parks, cottage, small and medium size enterprises;
(i) prevent and remove encroachments;
(j) regulate affixing of sign-boards and advertisements except where this function is being
performed by the Capital Development Authority;
(k) provide, manage, operate, maintain and improve the municipal infrastructure and
services, including -
(i) water supply and control and development of water sources;
(ii) sewage and sewage treatment and disposal;
(iii) storm water drainage;
(iv) sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial
and hospital wastes, treatment and disposal including landfill site and recycling plants;
(v) roads and streets;
(vi) street lighting;
(vii) playgrounds, open spaces, graveyards and arboriculture; and
(viii) slaughter houses;
(l) prepare financial statements and present them for internal and external audit in the
manner as may be prescribed;
(m) urban renewal programmes;
(n) develop and maintain museums, art galleries, libraries, community and cultural
centers;
(o) conserve historical and cultural assets;
(p) undertake landscape, monuments and municipal ornamentation;
(q) maintain regional markets and commercial centers;
(r) maintain a comprehensive data base and information system and provide public access
to it on nominal charges;
(s) regulate dangerous and offensive articles and trades mentioned in First Schedule;
(t) collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties;
(u) organize sports, cultural, recreational events, fairs and shows, cattle fairs and cattle
markets and regulate sale of animals;
(v) regulate markets and services and issue licenses, permits, grant permissions and
impose penalties for violation thereof as and where applicable;
(w) manage properties, assets and funds vested in the local government;
(x) develop and manage schemes;
(y) authorize an officer or officers to issue notice to a person committing any municipal
offence and initiate legal proceedings for continuance of commission of such offence or for
failure to comply with the directions contained in such notice;
(z) prosecute, sue and follow up criminal, civil and recovery proceedings against
violators of municipal laws in the courts of competent jurisdiction in Islamabad Capital
Territory;
(aa) maintain municipal records and archives; and
(bb) perform such other functions as may be prescribed
41
FOURTH SCHEDULE
[see section 87]
LOCAL GOVERNMENT TAXATION
Part-I
Taxes and other levies by Union Councils
(1) Entertainment tax on dramatical and theatrical shows.
(2) Fees for registration and certification of births and marriages.
(3) Fee on the services provided by the union council.
(4) Rate for the execution or maintenance of any work of public utility like lighting of
public places, drainage, conservancy and water supply operated by union council.
(5) Community tax for the construction of public work of general utility for the
inhabitants of the union.
(6) Fee for licensing of professions and vocations as prescribed.
(7) Any other tax or levy authorised by the Government.
Part-II
Taxes and other levies by Metropolitan Corporation
(1) Water rate.
(2) Drainage rate.
(3) Conservancy rate.
(4) Fee for approval of building plans, erection and re-erection of buildings.
(5) Fee for change of land use of a land or building as prescribed.
(6) Fee for licenses, sanctions and permits.
(7) Fee on the slaughter of animals.
(8) Tax on professions, trade, callings and employment.
(9) Market fees.
(10) Tax on sale of animals in cattle markets.
(11) Toll tax on roads, bridges and ferries maintained by the Metropolitan Corporation.
(12) Fee at fairs and industrial exhibitions.
(13) Fee for specific services rendered by the Metropolitan Corporation.s
(14) Tax for the construction or maintenance of any work of public utility.
(15) Parking fee.
(16) Water conservancy charge from the owner or occupier of a house or any other
building, except an educational institution having a swimming pool with a minimum surface area
of 250 square feet.
(17) Tax on installation of Base Transceiver Station/Tower.
(18) Any other tax or levy authorized by the Government.
42
FIFTH SCHEDULE
[see section 104]
OFFENCES REQUIRING TRIAL BY A COURT
PART-I
S.No Offence
1. 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.
2. 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.
3. Adulteration of any eatable or drinkable or consumable item sold or supplied to
the public.
4. Manufacturing, trading, storing or supplying any eatable or drinkable item and
other items unsafe for human consumption or public health.
PART-II
S.No. Offence
5. 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.
6. Preparing or using counterfeit or proscribed Forms of the local government.
7. Wilfully obstructing any officer or servant of a local government or any person
authorized to exercise power conferred under this Act.
8. Failure to deliver back possession of property to the local government on
cancellation and expiration of lease.
9. Doing an act without license or permission when the doing of such act requires a
license or permission under any of the provisions of this Act or the rules or byelaws.
10. Evasion of payment of tax or other impost lawfully levied by a local
government.
11. 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.
12. 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.
13. Dyeing or tanning skins within such distance of any commercial or residential
areas as may be specified by the local government.
14. Manufacturing, storing, trading or carrying fire crackers, fire balloons or
detonators or any dangerous chemical, inflammable, hazardous or offensive
article or material without license from concerned authority.
15. 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.
43
16. 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 for using such space for any
purpose which is not approved.
17. Manufacturing, keeping, storing or selling wire thread or any other material
meant for kite flying or likely to cause threat to human life or electric
installations or disruption of electric supply.
18. Failure to demolish or otherwise secure a building declared by the local
government to be dangerous building.
19. 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 concerned local government.
20. 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 neighbourhood.
21. Contravention of the prohibition or attempt or abetment of any of the offences in
this Part .
PART-III
S.No. Offence
22. 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.
23. Establishing any cattle market without permission of the local
government.
24. Establishing any bus, wagon, taxi or other commercial motorized or
non-motorized vehicle stand, for purposes 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.
25. Establishing or running any restaurant or vending stalls for eatables
on any road, street, footpath, public place, over a drain, or any other
property vesting in or managed or controlled or maintained by a local
government without its permission.
26. Establishing a brick kiln and lime kiln within such distance of a
residential area as may be specified by the local government.
27. 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.
28. Contravention of the prohibition or attempt or abetment of any of the
offences in this Part.
44
SIXTH SCHEDULE
[see sections 104 & 106]
OFFENCES WHERE TICKET CAN BE ISSUED
S.No. Offence Amount of Fine
1. Neglect in safe storage of eatable, drinkable and other
consumable items sold or supplied to the public.
Rs.1,000 and
Rs.6,000 in case of
large restaurants,
hotels and shops.
2. a. Fixing of wooden khokhas, and temporary shops or extension
thereof on footpaths or beyond the street line.
b. Plying of handcarts for the sale of goods without permission.
Rs.2,000
Rs.400
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.
Rs.1,000
4. Slaughtering of animals for the sale of meat at a place other than
the place set apart for the purpose.
Rs.1,000
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.4,000 in case of
commercial
concerns and
Rs.1,000 for others.
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.
Rs.1,000
7. 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.
Rs.400
8. Obstructing or tampering with any road, street, drain or
pavement.
Rs.2,000
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
10. Without the 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 except with the
permission required under this Act.
Rs.2,000
11. Digging of public land without the permission in writing of local
government.
Rs.2,000
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.
Rs.2,000
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 this Act, rules or bye-laws or furnishing
wrong information.
Rs.600
45
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.1,000
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 encampment without the permission of the local
government.
Rs.1,000
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.1,000
17. Disposal of carcasses of animals within prohibited distance. Rs.1,000
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.1,000
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.1,000
20. Failure to provide for disposal of litter or garbage inside or
outside a shop by its owner or occupier.
Rs.1,000
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.
Rs.2,000
22. Watering cattle or animals, or bathing or washing at or near a
well or other source of drinking water for the public.
Rs.1,000
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.2,000
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
or occupier of a house, shop, office, industry or premises.
Rs.4,000 for
commercial/ industrial
concerns and Rs.1,000
for a residential house
25. Failure to clean the premises, houses, shops and cultivated
lands of the plastic bags and other non-perishable materials.
Rs.1,000
26. Damaging or polluting physical environment, inside or outside
private or public premises, in a manner to endanger public
health.
Rs.4,000 for public
premises and Rs.1,000
for private premises
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.1,000
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.2,000
46
29. Failure to stop leakages of water pipes, faucets and sanitary
fittings resulting in dirty water pools affecting physical
environments and breeding of mosquitoes.
Rs.2,000
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.2,000
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.2,000
32. Defacing or disturbing, without due authorization, any
direction-post, lamp post or lamp extinguishing or any light
arranged by a local government.
Rs.2,000
33. Fixing 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.2,000
34. Exhibiting any obscene advertisement. Rs.2,000
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 in and
around a hospital or an educational institution.
Rs.2,000
36. Loud shouting in abusive language causing distress to the
inhabitants of a neighbourhood or village or any other public
place.
Rs.2,000
37. Using or allowing the use for human habitation of a building
declared by a local government to be unfit for human
habitation.
Rs.2,000
38. Failure to lime-wash or repair a building, if so required by local
government.
Rs.2,000
39. Begging importunately for alms by exposing any deformity or
disease or any offensive sore or wound to solicit charity.
Rs.1,000
40. Causing or permitting to be caused by any owner or keeper of
an animal which, through neglect or otherwise, damages any
land or crop or produce of land, or any public road.
Rs.2,000
41. Selling cattle and animals in contravention of any law, rule or
by-laws of a local government.
Rs.2,000
42. Kite flying in contravention of any general or specific
prohibition issued by local governments.
Rs.600
43. Keeping pigeon or other birds in a manner causing danger to
air traffic.
Rs.1,000
44. Contravention of any prohibition or direction of the local
government issued under this Act or the rules.
Rs.1,000
45. Attempt or abetment of any of the offence in this Schedule.
Same as for the offence
specified in the
Schedule
47
SEVENTH SCHEDULE
[see section 104(d)]
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 of Inspector/
Seal
___________________
_______________
Copy-1 (To be retained
by Inspector)
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 of Inspector/
Seal
___________________
_______________
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 of Inspector/
Seal
___________________
_______________
Copy-3 (To be returned
to Inspector 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 of Inspector/
Seal
___________________
_________________
Copy-4 (To be sent by
the Bank to the local
Accounts Officer)
48
EIGHTH SCHEDULE
[see sections 116 & 117]
Part - I (Rules)
1. Local Government (Conduct of Elections).
2. Local Government (Conduct of Business).
3. Local Government (Taxation).
4. Local Government (Property).
5. Local Government (Auction).
6. Local Government (Births, Deaths, Marriages and Divorces).
7. Local Government (Servants).
8. Local Government (Budget).
9. Local Government (Accounts).
10. Local Government (Contracts).
11. Local Government (Works).
12. Local Government (Conduct of Inspections).
13. Local Government (Conduct of elected officials).
14. Local Government (Fiscal Transfers).
15. Local Government (Delegation of Financial Powers).
16. Any other set of rules necessary for the implementation of this Act.
Part–II (Bye-laws)
1. Conduct of meetings.
2. 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.
3. Watering cattle or animals, or bathing or washing at, or, near a well or other source of
drinking water for the public.
4. Registration and regulation of institutions for orphans, widows, senior citizens,
mentally ill, and women in distress.
5. Regulation of burial and cremation places.
6. Slaughter of animals and maintenance of slaughterhouses.
7. Prevention of adulteration of foodstuffs.
8. Animal husbandry and milk supply.
9. Prevention and abatement of nuisances.
10. Dangerous and offensive trades and articles.
11. Regulation of parking.
12. Organization and regulation of fairs, shows, tournaments and other public gatherings.
13. Prevention of beggary, juvenile delinquency and other social evils.
14. Licensing.
15. Markets.
16. Libraries.
17. Parks and open places.
18. Prevention of air, water, noise, and soil pollution.
19. Plantation.
20. Picketing, parking animals or collecting carts or vehicles on any street.
21. Throwing or placing any refuse on any street, or in any place not provided or
appointed for the purpose.
49
22. Dyeing or tanning animal skins.
23. Tampering with any main, pipe, or any apparatus or appliance for the supply of water.
24. Excavation of earth, stone or any other material.
25. Disposing of carcasses of animals.
26. Use of sewer water for farming.
27. 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.
28. 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 by the local government.
29. Such other matters as in the opinion of a local government are necessary or expedient
to be provided for in the bye-laws to achieve the objectives of this Act.
NINTH SCHEDULE
[see section 120]
GENERAL POWERS OF LOCAL GOVERNMENTS
Animals
1. Prohibition of picketing or tethering in streets.- No animal shall be picketed or tethered in
such streets or places as may be specified by the local government and any animal found
picketed or tethered in any such street or place shall be liable to seizure and impounding.
2. Prohibition against keeping and maintaining cattle.- (1) Notwithstanding anything
contained in any other law or any agreement, instrument, custom or usage or decree, judgment or
order of any court or other authority, the local government may declare any part of its local area
as a prohibited zone.
(2) At any time after a declaration under sub-paragraph (1) has been made, the local government
may, by general or special notice, prohibit the keeping and maintaining of the cattle by any
person in the prohibited zone.
(3) No person shall, after the expiry of the period fixed under sub-paragraph (2), keep or
maintain cattle in any part of the prohibited zone:
Provided that the prohibition shall not apply to -
(i) cattle kept bona fide for sacrificial purposes;
(ii) cattle kept for drawing carts or use in mills, with the permission of the local
government and subject to such conditions as it may impose;
(iii)cattle under treatment in any veterinary hospital;
(iv) cattle brought to a cattle market demarcated by the local government for purposes of
sale; and
(v) cattle brought to a slaughterhouse or kept by butchers for purposes of slaughter within
the area demarcated by the local government.
(4) Persons affected by the prohibition order under sub-paragraph (2) to meet their genuine
needs may be allowed to keep and maintain their cattle at the places earmarked as “cattle
colonies” by the local government on such terms and conditions as it may impose.
3. Dangerous animals.- A local government may, by bye-laws, define the animals which shall
be deemed to be dangerous animals and the circumstances under which animals not otherwise
dangerous shall be deemed to be dangerous and such bye-laws, among other matters, may
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provide for the detention, destruction or disposal otherwise of such animals.
4. Disposal of carcasses.- Whenever an animal in the charge of a person dies, otherwise than by
being slaughtered for sale or consumption or for some other religious purpose such person shall
either -
(a) convey the carcasses within twenty-four hours to a place, if any, fixed by the local
government for the disposal of the dead bodies of animals; or
(b) give notice of the death to the local government whereupon the local government
shall cause the carcass to be disposed of and charge such fees from the person concerned as the
bye-laws may provide.
5. Animal husbandry.- (1) A local government may provide for the establishment, maintenance
and management of veterinary hospitals and dispensaries and by bye-laws regulate their working
and fix the fees to be charged for treatment in such hospitals and dispensaries.
(2) A local government may, by bye-laws, define contagious diseases among animals and
provide for measures that shall be adopted for prevention of the spread of such diseases
including the compulsory inoculation of animals, and the subjection to such treatment as may be
necessary of such animals as may be suspected to have been infected with carriers of any such
disease.
(3) A local government may, through bye-laws, provide means and measures to prevent cruelty
to animals.
6. Animal farms.- A local government may establish, maintain and manage cattle farms and
poultry farms, and such farms shall be managed and administered in such manner as the byelaws
may provide.
7. Registration of the sale of cattle.- A local government may, by bye-laws, require that sale of
such animals as may be specified shall be registered with the local government in such manner
and subject to the payment of such fees as the bye-laws may provide.
8. Cattle shows, zoo, etc.- (1) A local government may hold cattle shows, cattle fairs and cattle
markets within the limits of its local area and charge such fee or tax per cattle head sold as the
bye-laws may provide.
(2) A local government may, with the previous approval of the Government, maintain or
contribute towards the maintenance of zoological gardens.
9. Registration and control of dogs.- (1) A local government may make bye-laws to provide for
the registration of all dogs kept in such area or areas within its local area as may be specified.
(2) Such bye-laws shall -
(a) require the registration, by the local government, of all dogs kept within the area or areas
specified or any part thereof.
(b) require that every registered dog shall wear a collar to which shall be attached a metal token
to be issued by the registration authority of the local government and fix the fee payable for the
issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall,
if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall be
liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof
is paid within one week, and may provide for such other matters as the local government thinks
fit.
(3) A local government may–
(a) cause to be destroyed or confined for such period as it may direct, any dog or other animal
which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any
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dog or other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that, after such date as may be specified in the notice, dogs which are
without collars or without marks distinguishing them as private property and are found straying
on the streets or beyond the enclosures of the houses of their owners if any may be destroyed,
and cause them to be destroyed accordingly;
(c) require the owner or person in-charge of any dog -
(i) to restrain it so that it is not set at large in any street without being muzzled, leashed or
chained; and
(ii) to provide immediate information, if the dog belonging to him has been bitten by any animal
suffering or reasonably suspected to be suffering from rabies or any other infectious disease.
(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise
disposed of under this paragraph.
10. Power to seize.- (1) A cultivator, tenant, occupier, vendee or mortgagee of any land or crop
or produce or any part thereof or any person who has advanced cash for the cultivation of crop
may seize or cause to be seized any animal trespassing on such land and doing damage thereto,
or any crop or produce thereon, to send them or cause them to be sent within twenty-four hours
to a pound established under this Act.
(2) Persons in charge of public roads, pleasure grounds, plantations, canals, drainage works,
embankments and the like, and the officers of police, may seize or cause to be seized animals
doing damage thereto, and shall send them or cause them to be sent, within twenty-four hours of
the seizure, to the nearest animal pound.
11. Pounds.- A local government may establish such number of animal pounds as may be
necessary and may fix, from time to time, the location of the animal pounds, the rate of feeding,
watering and accommodating the impounded animals.
12. Pound keepers.- A local government may appoint pound-keepers on whole-time or part-time
basis on such terms and conditions as may be fixed.
13. Registers and returns.- (1) A pound-keeper shall keep such registers and furnish such
returns as may be required by the local government.
(2) When animals are brought to the pounds, the pound-keeper shall enter in the register the
number and description of animals, the day and hour on which they were so brought, the name
and residence of the seizurer and that of the owner, if known, and shall give the seizurer or his
agent a copy of such entry.
14. Possession and feeding.- The pound-keeper shall take charge of, feed and water the animals
until they are disposed of as hereinafter provided.
15. Fines for impounded animals.- For every animal impounded under this Act, the poundkeeper
shall levy a fine in accordance with the scale fixed by the local government and the fines
so charged shall form part of and be credited to the local fund.
16. Delivery or sale of animals.- (1) If the owner of an impounded animal or his agent appears
and claims the animal, the pound-keeper shall deliver it to him on payment of the fine and
charges incurred in respect of such animal under proper receipt to be recorded by the owner or
his agent in the register.
(2) If the animal is not claimed within seven days of impounding, the pound-keepers shall
inform the officer in charge of the Police Station who shall thereupon display at a conspicuous
place in his office a notice stating the number and description of animals and places of seizure
and impounding. A similar notice shall be displayed at a conspicuous place in the office of the
local government.
(3) If the animal is not claimed within seven days of the notice it shall be sold by the local
government by open auction after giving sufficient publicity in the local area:
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Provided that the person auctioning the animals or the pound-keeper or his relatives shall not bid
for or purchase the impounded animals.
(4) The proceeds of the sale of the animal shall be paid to the owner if he appears within six
months of the sale, after deduction of fines, feeding and other charges.
Arboriculture
17. Arboriculture.- A local government shall plant trees on public streets and other public
places within its local area and take all such steps as may be necessary for the plantation and
protection of trees on such streets and places.
18. Nuisance pertaining to trees and plantations.- (1) A local government may, by bye-laws,
determine the pests of trees and plants and provide for their destruction.
(2) If any land or premises within the local area of the local government is grown with rank or
noxious vegetation, or under-growth, the local government may by notice require the owner or
the occupier of such land or premises to clear such vegetation or under-growth within a specified
time and if he fails to do so within such time, the local government may have such vegetation or
under-growth cleared and the cost incurred shall be deemed to be a tax levied on the owner or
occupier under this Act.
(3) A local government may, in the manner provided in the bye-laws, prohibit the cultivation of
any crop which is considered dangerous to public health within such part of its local area as may
be specified.
Boundaries and Trees
19. Boundary walls, hedges and fences.- (1) No boundary wall, hedge or fence of any material
or description shall be erected in such parts of a local area as are specified by a local government
without the permission in writing of the local government.
(2) A local government may, by notice in writing, require the owner or lessee of any land in its
local area -
(a) to remove from the land any boundary wall, hedge or fence which is, in its opinion
unsuitable, unsightly or otherwise objectionable; or
(b) to construct on the land sufficient boundary walls, hedges or fences of such material,
description or dimensions as may be specified in the notice; or
(c) to maintain the boundary walls, hedges or fences of such lands in good order.
Provided that, in the case of any such boundary wall, hedge or fence which was erected with the
consent or under the orders of the local government or which was in existence at the
commencement of this Act, the local government shall make compensation for any damage
caused by the removal thereof.
(3) A local government may, by notice in writing, require the owner, lessee or occupier of any
such land to cut or trim any hedge on the land in such manner and within such time as may be
specified in the notice.
20. Felling, lopping and trimming of trees.- (1) Where, in the opinion of the local government
the felling of any tree of mature growth standing in a private enclosure in its local area is
necessary for any reason, the local government may, by notice in writing, require the owner,
lessee or occupier of the land to fell the tree within such time as may be specified in the notice.
(2) A local government may –
(a) cause to be lopped or trimmed any tree standing on land in its local area which belongs to the
local government; or
(b) by public notice require all owners, lessees or occupiers of land in its local area or by notice
in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner
as may be specified in the notice, all or any trees standing on such land or to remove any dead
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trees from such land.
Burial Places/Graveyards and Cremation
21. Power to call for information regarding burial and burning grounds.- (1) The local
government may, by notice in writing, require the owner or person in charge of any burial or
burning ground within its area to supply such information as may be specified in the notice.
(2) No place which has not been used as a burial or burning ground before the commencement
of this Act shall be so used without the permission in writing of the local government.
(3) No new burial or burning place shall be established within the local area of a local
government except under a licence granted by the local government and in conformity with the
conditions of such licence.
(4) A burial or burning place which is not administered by a local government shall be
registered with the local government and shall be subject to regulation, supervision and
inspection by it in such manner as the bye-laws may provide.
(5) The Government may, by notification, declare that any graveyard or burial or burning place
which is open to public for burial or burning shall vest in a local government and thereupon such
burial or burning place shall vest in the local government and it shall take all measures necessary
for the proper maintenance and administration thereof.
(6) A local government may provide suitable places for the graveyard or burial or burning of the
dead, and shall take necessary measures for proper maintenance and administration of such
burial and burning places.
(7) (a) Where a local government after making or causing to be made a local inquiry, is of
opinion that any burial or burning ground in its local area has become offensive, to, or dangerous
to, the health of, persons living in the neighbourhood, it may, by notice in writing, require the
owner or person in charge of such ground to close the same from such date as may be specified
in the notice.
(b) Where such notice is issued, the local government may provide at its own expense or, if the
community concerned is willing to provide a new burial or burning ground, shall provide a grant
to be made towards the cost of the same.
(8) No corpse shall be buried or burnt in any burial or burning ground in respect of which a
notice issued under this paragraph is for the time being in force.
Culture
22. Culture.- A local government may -
(a) establish and maintain information centres for the furtherance of civic education and
dissemination of information on such matters as community development and other matters of
public interest;
(b) provide and maintain public halls and community centres;
(c) celebrate national occasions;
(d) encourage national and regional languages;
(e) promote physical culture and encourage public games and sports and organize rallies
and tournaments.
(f) provide, promote or subsidise facilities for the recreation of the public.
23. Libraries.- A local government may establish and maintain such libraries, reading rooms and
circulation libraries as may be necessary for the use of the public.
24. Fairs and shows.- A local government may make such arrangements on the occasion of any
fairs, shows or public festivals within its local area as may be necessary for the public health,
public safety and public convenience, and may levy fees on the persons attending such fairs,
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shows and festivals.
Dangerous and Offensive Articles and Trades
25. Dangerous and offensive articles and trades.- (1) The articles and trades specified in First
Schedule shall be deemed to be dangerous or offensive for purposes of this paragraph.
(2) Except under and in conformity with the conditions of a licence granted by the local
government -
(a) no person shall carry on any dangerous or offensive trade;
(b) no premises shall be used or offered to be used for any dangerous or offensive trade;
and
(c) no person shall store or keep in any premises -
(i) any dangerous or offensive articles for domestic use; or
(ii) any dangerous or offensive articles in excess of such limit and quantity as may be
fixed by the bye-laws.
(3) Notwithstanding the grant of a licence under sub-paragraph (2), the local government may,
for reasons to be recorded, and after notice to the person affected, pass an order for the
prohibition, closure or removal of any offensive and dangerous trade or article if such action is
deemed expedient or necessary to implement the order.
Drainage and Sewerage
26. Drainage.- (1) A local government shall provide an adequate system of public drains in its
local area and all such drains shall be constructed, maintained, kept cleared and emptied with due
regard to the health and convenience of the public.
(2) Every owner or occupier of any land or building within the local area of the local
government may, with its previous permission, and subject to such terms and conditions,
including the payment of fees, as it may impose, cause his drains to be emptied into public
drains.
(3) All private drains shall be subject to control, regulation and inspection by the local
government.
(4) Subject to the provisions of any other law for the time being in force, the local government
may, by notice, direct a commercial or industrial concern to provide for the disposal of its waste
or effluent in the manner specified, and failure on the part of owner, tenant or occupier thereof to
comply with such directions, shall be a municipal offence.
(5) A local government may, by notice, require the owner of any building, land or an industrial
concern within its local area -
(a) to construct such drains within the building or land or the street adjoining such
building or land and to take such other measures for treatment and disposal of effluent as may be
specified in the notice;
(b) to remove, alter or improve any such drains; and
(c) to take other steps for the effective drainage of the building or land as may be
specified.
(6) In case of failure of owner to comply with the requirements of notice under sub-paragraph
(5), the local government may itself cause such requirements to be carried out, and the cost so
incurred shall be deemed to be a tax levied on the owner of the building or land under this Act.
27. Drainage and sewerage schemes for commercial and industrial area.- (1) A local
government may, by notice, require the owners, tenants and occupiers of commercial and
industrial concerns in any area or areas within its local area to have at their own cost prepared a
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scheme for the adequate and safe drainage and disposal of their wastes and effluent of the quality
permitted under the rule or the bye-laws and submit it to the local government within the time
specified in the notice:
Provided that the time limit may be extended by the local government for a maximum period of
three months at the request of the owners, tenants or occupiers of the commercial and the
industrial units concerned.
(2) The drainage, sewerage and disposal scheme as approved by the local government with
modifications, if any, shall be executed and implemented by the owners, tenants or occupiers of
the commercial or industrial units at their expense in such manner and within such time as may
be specified by the local government.
(3) In case of the failure of the owners, tenants or occupiers of the commercial or industrial
concerns to comply with the provisions of sub-paragraphs (1) and (2), the local government may
itself prepare the drainage, sewerage and disposal scheme and execute and implement it at
its own expense, and the cost so incurred shall, under this Act, be deemed to be a tax levied on
the owners, tenants or occupiers of the industrial and commercial units concerned.
Food and Markets
28. Public markets and slaughter-houses.- (1) A local government may provide and maintain
within its own local area, public markets and public slaughter-houses, in such number as it thinks
fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of
persons carrying on trade or business in or frequenting such markets or slaughter-houses, and
may provide and maintain in any such market buildings, places, machines, weights, scales and
measures for the weighment or measurement of goods sold therein.
(2) A local government may, at any time by public notice, either close or relocate any public
market or public slaughterhouse or any part thereof.
29. Use of public markets.- (1) An officer or servant of the local government authorized by it in
this behalf may summarily remove a person from a market if the person conducting business in
the market without the general or special permission of the local government.
(2) Any person contravening the provisions of this paragraph and any animal or article exposed
for sale by such person may be summarily removed from the market by or under orders of the
local government by an officer or servant of the local government authorized by it in this behalf.
30. Levy of stallages, rents and fees.- A local government may, in respect of a public market
and a public slaughter house:
(a) charge such stallages, rents and fees as it thinks fit for the occupation or use of any stall, shop
standing, shed or pen in a public market, or public slaughter-house, or for the right to expose
goods for sale in a public market, or for weighing or measuring goods sold therein, or for the
right to bring in goods on vehicles or animals, or for animals brought for sale or sold, or for the
right to slaughter animals in any public slaughter-house; or
(b) put up to public auctions or dispose of by private sale, the privilege of occupying or using
any stall, shops, standing, shed or pen in a public market or public slaughter house for such term
and on such conditions as it may approve.
31. Stallages, rents, etc. to be published.- A copy of the table of stallages, rents and fees, if any,
leviable in any public market or public slaughter-house and of the bye-laws made under this Act
for the purpose of regulating the use of such market or slaughter-house, printed in Urdu and in
such other language or languages as the local government may direct, shall be affixed in some
conspicuous place in the market or slaughter-house.
32. Private markets and slaughter-houses.- (1) No place in a local area other than a public
market shall be used as a market, and no place in a local area other than a public slaughter-house
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shall be used as a slaughter-house, unless such place has been licensed as a market or slaughterhouse
by the local government.
(2) Nothing in sub-paragraph (1) shall be deemed to restrict the slaughter of any animal in any
place on the occasion of any festival or ceremony, subject to such conditions as to prior or
subsequent notice as the local government with the previous sanction of the local government
may, by public or special notice, impose in this behalf.
33. Conditions of grant of licence for private market or slaughter-house.- (1) A local
government may charge such fees as may be approved for the grant of a licnece to any person to
open a private market or private slaughter-house and may grant such licence subject to such
conditions, consistent with this Act and any bye-laws, as it thinks fit to impose.
(2) A local government may refuse to grant any such licence for reasons to be recorded.
34. Prohibition of keeping market or slaughter-house open without licence, etc.- (1) No
person shall keep open for public use any market or slaughter-house in respect of which the
licence has either been suspended or cancelled.
(2) When a licence to open a private market or private slaughter-house is granted or refused or is
suspended or cancelled, the local government shall cause a notice of the grant, refusal,
suspension or cancellation to be pasted in Urdu and in such other language or languages as it
thinks necessary, at some conspicuous place nearby the entrance of the place to which the notice
relates.
35. Prohibition of using unlicensed market or slaughter-houses.- No person, knowing that
any market or slaughter-house has been opened to the public without a licence having been
obtained therefor when such licence is required by or under this Act, or that the licence granted
therefor is for the time being suspended or that it has been cancelled, sell or expose for sale any
article in such market, or slaughters any animal in such slaughter-house.
36. Prohibition and restriction of use of slaughter-houses.- (1) Where, in the opinion of the
local government it is necessary on sanitary grounds so to do, it may, by public notice, prohibit
for such period, not exceeding one month as may be specified in the notice, or for such further
period, not exceeding one month, as it may specify by like notice, the use of any private
slaughter-house specified in the notice, or the slaughter therein of any animal of any description
so specified.
(2) A copy of every notice issued under sub-paragraph (1) shall be conspicuously posted in the
slaughter-house to which it relates.
37. Power to inspect slaughter-house.- (1) Any servant of a local government authorized by
order in writing in this behalf by the local government may, if he has reason to believe that any
animal has been, is being, or is about to be slaughtered in any place in contravention of the
provisions of this Act enter into and inspect any such place at any time, whether by day or by
night.
(2) Every such order shall specify the place to be entered and the locality in which the same is
situated and the period, which shall not exceed seven days, for which the order is to remain in
force.
38. Power to make bye-laws.- A local government may make bye-laws consistent with this Act
to provide for all or any of the following matters, namely:-
(a) the days on, and the hours during, which any private market or private slaughterhouse may be
kept open for use;
(b) the regulation of the design, ventilation and drainage of such markets and slaughterhouses
and the material to be used in the construction thereof;
(c) the keeping of such markets and slaughter-houses and lands and buildings appertaining
thereto in a clean and sanitary condition, the removal of filth and refuse therefrom, and the
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supply therein of pure water and of a sufficient number of latrines and urinals for the use of
persons using or frequenting the same;
(d) the manner in which animals shall be stalled at a slaughter-house;
(e) the manner in which animals may be slaughtered;
(f) the disposal or destruction of animals offered for slaughter which are, from disease or any
other cause, unfit for human consumption;
(g) the destruction of carcasses which from disease or any other cause are found after slaughter
to be unfit for human consumption; and
(h) any other matter which the local government may consider necessary including any specific
exemptions from the application of the bye-laws
39. Bye-laws for articles of food and drink.- A local government may, by bye-laws -
(a) prohibit the manufacture, sale or preparation or the exposure for sale of any specified
articles of food or drink in any place or premises not licensed by the local government;
(b) prohibit the import into its local area for sale or hawking for sale, of any specified
article of food or drink by person not so licensed;
(c) prohibit the hawkings of specified articles of food and drink in such parts of its local
area as may be specified;
(d) regulate the time and manner of transport within its local area of any specified articles
of food or drink;
(e) regulate the grant and withdrawal of a licence under this paragraph and the levying of
fees therefor; or
(f) provide for the seizure and disposal of any animal, poultry or fish intended for food
which is diseased, or any article of food or drink which is noxious.
40. Milk supply.- (1) Except under a licence granted by the local government and in conformity
with the conditions of such licence, no person shall, unless exempted by the local government,
keep milch cattle for the sale of milk or sell milk or expose or import milk for sale or
manufacture butter, ghee, or any other milk for sale or dairy product, nor shall any premises be
used for such purpose.
(2) A local government may, in the manner prescribed, frame and enforce a milk supply scheme
which may among other matters provide for the establishment of milkmen‟s colonies, the
prohibition of the keeping of milch cattle in the local area or any part thereof, and the adoption of
such other measures as may be necessary for ensuring an adequate supply of pure milk to the
public.
41. Feeding animals on dirt, etc.- No person shall feed or allow to be fed on filthy or
deleterious substances any animal, which is kept for purposes of supplying milk to, or which is
intended to be used for human consumption or allow it to graze in any place in which grazing
has, for sanitary reasons, been prohibited by public notice by the local government.
42. Powers of entry and seizure.- (1) An officer or servant of a local government authorized by
it in writing in this behalf -
(a) may at any time enter into any market, building, shop, stall or other place in the local area for
the purpose of inspecting, and may inspect, any animal, article or thing intended for human food
or drink or for medicine, whether exposed or hawked about for sale or deposited in or brought to
any place for the purpose of sale, or of preparation for sale, or any utensil or vessel for preparing,
manufacturing or containing any such article, or thing, and may enter into and inspect any place
used as a slaughter-house and may examine any animal or article therein;
(b) may seize any such animal, article or thing which appears to him to be diseased, or
unwholesome or unfit for human food or drink or medicine or to be adulterated or to be not what
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it is represented to be, or any such utensil or vessel which is of such a kind or in such a sate as to
render any article prepared, manufactured or contained therein unwholesome or unfit for human
food or for medicine.
(2) Any article seized under sub-paragraph (1) which is of a perishable nature may forthwith be
destroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink or
medicine.
(3) Every animal, article, utensil, vessel or other thing seized under sub-paragraph (1) shall, if it
is not destroyed under sub- paragraph (2), be taken before a competent court which shall give
orders as to its disposal.
Explanation-I.- If any such article, having been exposed or stored in, or brought to, any place
mentioned in sub-paragraph (1) for sale as asli (pure) ghee, contains any substance not
exclusively derived from milk, it shall be deemed, for purposes of this paragraph, to be an article
which is not what it is represented to be.
Explanation-II.- Meat subjected to the process of blowing shall be deemed to be unfit for
human food.
Explanation-III.- The article of food or drink shall not be deemed to be other than what it is
represented to be merely by reason of the fact that there has been added to it some substance not
injurious to health:
Provided that -
(a) such substance has been added to the article because the same is required for the preparation
or production thereof as an article of commerce in a state fit for carriage or consumption and not
fraudulently to increase the bulk, weight or measure of the food or drink or conceal the inferior
quality thereof, or
(b) in the process of production, preparation or conveyance of such article of food or drink, the
extraneous substance has unavoidably become intermixed therewith, or
(c) the owner or person in possession of the article has given sufficient notice by means of a label
distinctly and legibly written or printed thereon or therewith, or by other means of a public
description, that such substance has been added, or
(d) such owner or person has purchased that article with a written warranty that it was of a
certain nature, substance and quality and had no reason to believe that it was not of such nature,
substance and quality, and has exposed it or hawked it about or brought it for sale in the same
state and by the same description as that in and by which he purchased it.
Licencing: General Provisions
43. Power to vary licence.- If a local government is satisfied that any place used under a licence
granted by it under this Act is a nuisance or is likely to be dangerous to life, health or property,
the local government may, by notice in writing, require the owner, lessee or occupier thereof to
discontinue the use of such place or to effect such alterations, additions, or improvements as will,
in the opinion of the local government, render it no longer a nuisance or dangerous.
44. Carrying on trade, etc., without licence or in contravention of paragraph.- No person
shall carry on any trade, calling or occupation for which a licence is required without obtaining a
licence therefor or while the licence therefor is suspended or after the same has been cancelled,
or after receiving a notice under paragraph 65, use or allow to be used any building or place in
contravention thereof.
45. Gardens.- (1) A local government may lay-out and maintain within its local area such public
gardens as may be necessary for the recreation and convenience of the public and such public
gardens shall be maintained and administered in such manner as the bye-laws, may provide.
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(2) For every public garden there shall be framed and enforced, in the manner prescribed, a
garden development plan, which shall provide for the development and improvement of the
garden.
46. Open spaces.- A local government may provide and maintain within its local area such open
spaces as may be necessary for the convenience of the public and such spaces shall be grassed,
hedged, planted and equipped with such amenities and in such manner as the bye-laws may
provide.
Development planning
47. Community Development Projects.- A local government may sponsor or promote
community development projects for its local area or any part thereof and may, in this behalf,
subject to the approval of Government, perform such functions as may be necessary.
48. Approval of Development Plan.- The Development Plan of a local government shall be
sanctioned in its meeting.
49. Development Plans to be included in the Budget.- As far as may be, the schemes included
in the Development Plan shall be included in the budget.
Public Health and Sanitation
50. Insanitary buildings and lands.- (1) A local government may, by notice, require the owners
or occupier of any building or land which is in insanitary or unwholesome state-
(a) to clean or otherwise put in it in a proper state;
(b) to make arrangements to the satisfaction of the local government for its proper
sanitation; and
(c) to lime wash the building and to make such essential repairs as may be specified in
the notice.
(2) If in the opinion of a local government any well, tank, reservoir, pool, depression, or
excavation, or any bank or tree, is in a ruinous state or for want of sufficient repairs, protection
or enclosure is a nuisance or is dangerous to persons passing by or dwelling or working in the
neighbourhood, the local government may, by notice in writing, require the owner or part-owner
or person claiming to be the owner or part-owner thereof, or, failing any of them, the occupier
thereof to remove the same, or may require him to repair, or to protect or enclose the same in
such manner as it thinks necessary; and, if the danger is, in the opinion of the local government
imminent, it shall forthwith take such steps as it thinks necessary to avert the same.
51. Removal, collection and disposal of refuse.-(1) A local government shall make adequate
arrangements for the removal of refuse from all public roads and streets, public latrines, urinals,
drains and all buildings and lands vested in the local government and for the collection and
proper disposal of such refuse.
(2) The occupiers of all other buildings and lands within the local area of a local government
shall be responsible for the removal of refuse from such buildings and land subject to the general
control and supervision of the local government where relevant.
(3) A local government shall cause public dustbins or other suitable receptacles to be provided at
suitable places and where such dustbins or receptacles are provided, the local government may,
by public notice, require that all refuse accumulating in any premises or land shall be deposited
by the owner or occupier of such premises or land in such dustbins or receptacles.
(4) All refuse removed and collected by the staff of a local government or under their control
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and supervision and all refuse deposited in the dustbins and other receptacles provided by the
local government shall be property of the local government.
(5) A local government may, by notice, issue directions with regard to the manner in which and
the conditions subject to which, any matter referred to in this paragraph may be carried out.
52. Latrines and urinals.- (1) A local government shall provide and maintain in sufficient
number and in proper situations public latrines and urinals for the separate use of each sex, and
shall cause the same to be kept in proper order and to be regularly and properly cleaned.
(2) A local government may, by notice in writing -
(a) require any person having the control whether as owner, lessee or occupier of any land or
building:
(i) to close any cesspool appertaining to the land or building which is, in the opinion of the local
government a nuisance, or
(ii) to keep in a clean condition, in such manner as may be prescribed by the notice, any
receptacle or filth or sewage accumulating on the land or in the building, or
(iii) to prevent the water of any private latrine, urinal, sink or bath-room or any other offensive
matter, from soaking, draining or flowing, or being put, from the land or building upon any street
or other public place or into any water-course or other specified water-body or into any drain not
intended for the purpose; or
(iv) to collect and deposit for removal by the conservancy establishment of the local government
within such time and in such receptacle or place, situated at not more than thirty five meters from
the nearest boundary of the premises, as may be specified in the notice, any offensive matter or
rubbish which such person has allowed to accumulate or remain under, in or on such building or
land; or
(b) require any person to desist from making or altering any drain leading into a public drain; or
(c) require any person having the control of a drain to cleanse, purify, repair or alter the same, or
otherwise put it in good order, within such time as may be specified in the notice.
(3) Where any premises are without privy or urinal accommodation, or without adequate privy
or urinal accommodation, or the privy or urinal is on any ground objectionable, the local
government may, by notice, require the owner or occupier of such premises -
(a) to provide such or such additional privy or urinal accommodation as may be specified
in the notice;
(b) to make such structural or other alteration in the existing privy or urinal
accommodation as may be so specified;
(c) to remove the privy or urinal; and
(d) to substitute connected privy or connected urinal accommodation for any service
privy or service-urinal accommodation where there is any underground sewerage system.
(4) In case the owner or occupier of any building or land who has been served notice under subparagraph
(3), fails to make arrangements to the satisfaction of the local authority for the matter
referred to in this paragraph, the local government may make such arrangements and the cost so
incurred shall be deemed to be a tax levied under this Act on the owner or occupier.
53. Private latrines.- A local government may, by notice in writing -
(a) require the owner or other person having the control of any private latrine or urinal not to put
the same to public use; or
(b) where any plan for the construction of private latrines or urinals has been approved by the
local government and copies thereof may be obtained free of charge on application:
(i) require any person repairing or constructing any private latrine or urinal not to allow the same
to be used until it has been inspected by or under the direction of the local government and
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approved by it as conforming with such plan; or
(ii) require any person having control of any private latrine or urinal to re-build or alter the same
in accordance with such plan; or
(c) require the owner or other person having the control of any such private latrine or urinal
which, in the opinion of the local government constitutes a nuisance, to remove the latrine or
urinal; or
(d) require any person having the control whether as owner, lessee or occupier of any land or
building:
(i) to have any latrines provided for the same covered by a sufficient roof and wall or fence from
the view of persons passing by or dwelling in the neighbourhood, or
(ii) to keep such latrine or urinal in proper state to the satisfaction of the local government and
shall employ such staff for the purpose as may be necessary or as may be specified by the local
government; and
(e) require any person being the owner and having the control of any drain to provide, within ten
days from the service of the notice, such covering as may be specified in the notice.
54. Infectious diseases.- (1) A local government shall adopt measures to prevent infectious
diseases and to restrain infection within its local area.
(2) A local government shall establish and maintain one or more hospitals for the reception and
treatment of persons suffering from infectious diseases.
55. Bathing and washing places.- (1) A local government may from time to time -
(a) set apart suitable places for use by the public for bathing;
(b) specify the time at which and the sex of persons by whom such places may be used;
and
(c) prohibit by public notice, the use by the public for any of the said purposes of any
place not so set apart.
(2) No person shall establish, maintain or run a hamam or a bath for public use except under a
licence granted by the local government and in conformity with the conditions and terms of such
licence.
Public Safety
56. Floods.- For fighting of floods, rescuing of people from the flood-affected areas and
affording relief to flood-stricken people, the local government shall provide such boats,
appliances and equipment as may be specified by Government.
Registration of Births, Deaths, Marriages and Divorces
57. Birth, deaths etc.- A local government shall register all births, deaths, marriages and
divorces within the limits of its local area and information of such births, deaths, marriages and
divorces shall be given by such persons or authorities and shall be registered in such manner as
the bye-laws may provide.
Social Welfare and Community Development
58. Social welfare.- A local government may -
(a) establish, manage and maintain welfare homes, asylums, orphanages, widow homes
and other institutions for the relief of the distressed;
(b) provide for the burial or cremation of unidentified dead bodies within its local area at
its own expense;
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(c) adopt such measures as may be specified by the Government for the prevention of
beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor,
juvenile delinquency and other social evils;
(d) organize social service volunteers; and
(e) adopt such measures as may be prescribed for the promotion of the welfare of
backward classes, families of the persons serving in the armed forces, women and children.
Streets and Streets Lighting
59. Public streets.- (1) A local government shall provide and maintain such public streets and
other means of public communications as may be necessary.
(2) A local government shall, in the manner prescribed, prepare and execute a road maintenance
and development programme.
60. Streets.-(1) No new street shall be laid out except with the previous sanction of the local
government and in conformity with the terms and conditions of such sanction.
(2) All streets other than public streets shall be maintained in such manner as the bye-laws may
provide.
(3) A local government may, by notice, require that any street may be paved, metalled, drained,
channeled, approved or lighted in such manner as may be specified and in the event of default,
the local government may have the necessary work done through its agency and the cost so
incurred shall be deemed to be a tax levied on the person concerned under this Act.
(4) Government may prescribe the manner in which a street other than a public street may be
converted into a public street.
(5) A local government shall not name or rename a road or a street or a chowk or an underpass
or a flyover/interchange without the previous approval of the Government.
61. Street lighting and electrification.- (1) A local government shall take such measures as may
be necessary for the proper lighting of the public streets and other public places vested in the
local government by oil, gas, electricity or such other illuminant as the local government may
determine.
(2) A local government shall also provide or cause to be provided electricity in coordination
with the concerned department to its local area for public and private purposes.
(3) A local government may frame and enforce street lighting and electrification schemes.
62. Street watering.- A local government shall take such measures as may be necessary for the
watering of public streets for the comfort and convenience of the public, and may, for this
purpose, maintain such vehicles, staff and other apparatus as may be necessary.
Trades and Occupations
63. Provision of washing places.- (1) A local government may provide suitable places for the
exercise by washermen of their calling, and may require payment of such fees as may be
prescribed by the local government.
(2) Where the local government has provided such places as aforesaid it may, by public notice,
prohibit the washing of clothes by washermen at any other place within that part of the local
area:
Provided that such prohibition shall not be deemed to apply to the washing by a washerman of
his own clothes or of the clothes of any other person who is an occupier of the place at which
they are washed.
64. Licences required for carrying on of certain occupation.- (1) No person of any of the
following classes, namely:-
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(a) butchers and vendors of poultry, game or fish;
(b) persons keeping milch cattle or milch goats for profit;
(c) persons keeping for profit any animal other than milch cattle or milch goats;
(d) dairymen, buttermen and makers and vendors of ghee;
(e) vendors of fruit or vegetables;
(f) manufacturers of ice or ice-cream and vendors of the same;
(g) vendors of articles of food or drink for human consumption (other than milk, butter, bread,
biscuits, cake, fruit, vegetables, aerated or other potable water or ice or ice-cream) which are of a
perishable nature;
(h) vendors of water to be used for drinking purposes;
(i) washermen;
(j) persons carrying on any trade or occupation from which offensive or unwholesome smells
arise;
(k) vendors of wheat, rice and other grain or flour;
(l) makers and vendors of sweetmeats;
(m) barbers and keepers of shaving saloons; and
(n) any other trades and occupations specified in the bye-laws, or through public notice by local
government from time to time -
shall carry on his trade, calling or occupation in such part of a local area as may be designated by
the local government unless he has applied for and obtained a licence in this behalf from the
local government.
(2) A licence granted under sub-paragraph (1) shall be valid until the end of the year in which it
is issued and the grant of such licence shall not be withheld by the local government unless it has
reason to believe that the business which it is intended to establish or maintain would be
offensive or dangerous to the public.
(3) Notwithstanding anything contained in sub-paragraph (1) -
(a) no person who was, at the commencement of this Act carrying on his trade, calling or
occupation in any part of a local area shall be bound to apply for a licence for carrying on such
trade or occupation in that part until he has received from the local government not less than
three months‟ notice in writing of his obligation to do so, and if the local government refuses to
grant him a licence, it shall pay compensation for any loss incurred by reason of such refusal;
and
(b) no person shall be required to take a licence for the sale or storage of petroleum or for the
sale or possession of poisons or white arsenic in any case in which he is required to take a
licence or such sale, storage or possession under any Federal or any other existing law.
(4) A local government may charge fees for the grant of licences under this paragraph.
65. Conditions which may be attached to licences.- A licence granted to any person under
paragraph 89 shall specify the part of the local area in which the licensee may carry on his trade,
calling or occupation, and may regulate the hours and manner of transport within the local area
of any specified articles intended for human consumption and may contain any other conditions
which the local government thinks fit to impose in accordance with the bye-laws made under this
Act.
Public Vehicles and Parking
66. A local government may provide for parking motors on such public places as may be
determined by it.
67. Public vehicle.- (1) No person shall keep or let for hire or drive or propel, within the limits
of the local area of the local government, any public vehicle, other than a motor vehicle, except
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under a licence granted by the local government and in conformity with the conditions of such
licence.
(2) No horse or other animal shall be used for drawing a public vehicle within the local area of
the local government except under the licence granted by the local government and in conformity
with the conditions of such licence.
(3) A local government shall, in such manner as the bye-laws may provide and with the previous
approval of Government, fix the rate of fares for the use of public vehicles and no person plying
a public vehicle shall charge a rate in excess thereof.
(4) In this paragraph, a “public vehicle” means any vehicle which ordinarily plies for hire.
68. Public ferries.- (1) A local government may, by bye-laws, provide for the licensing of boats
and other vessels plying for hire in a public watercourse and may specify the terms and
conditions for the grant of licences and the fees to be charged therefor.
(2) Government may declare any part of the public watercourse to be a public ferry and may
entrust the management thereof to the local government which shall manage and operate the
public ferry in such manner and levy such toll as may be necessary.
Water Supply
69. Water supply.- (1) A local government shall provide or cause to be provided to its local area
a supply of wholesome water sufficient for public and private purposes.
(2) Where a piped water supply is provided, the local government shall supply water to private
and public premises in such manner and on payment of such charges as the bye-laws may
provide.
70. Private source of water supply.- (1) All private sources of water supply within the local
area of the local government shall be subject to control, regulation and inspection by the local
government.
(2) No new well, water-pump or any other source of water for drinking purposes, shall be dug,
constructed or provided except with the sanction of the local government.
(3) A local government may, by notice, require the owner or any person having the control of
any private source of water supply used for drinking purposes -
(a) to keep the same in good order and to clean it from time to time of silt, refuse and
decaying matter;
(b) to protect the same from contamination in such manner as the local government
directs; and
(c) if the water therein is proved to the satisfaction of the local government to be unfit for
drinking purposes, to take such measures as may be specified in the notice to prevent the use of
such water for drinking purposes.
71. Public watercourses.- (1) A local government may, with the previous sanction of the
Government, declare any source of water, river, spring, tank, pond or public stream, or any part
thereof within its local area, which is not private property, to be a public watercourse.
(2) A local government may, in respect of any public watercourse, provide such amenities, make
such arrangements for lifesaving, execute such works and, subject to the provisions of any law
for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof
in such manner as the bye-laws may provide.
72. Tanks, ponds and low-lying areas.- A local government may take such steps with regard to
the excavation or re-excavation of tanks and ponds and the reclamation of low-lying areas as it
thinks fit or the Government directs.
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STATEMENT OF OBJECTS AND REASONS
After having practised the Local Government System introduced through the Federal Capital
Local Govt. Ordinance 1979 till 1996 and lack of any local government system since then, there is a
strong realization that urban and rural areas have been receiving disproportionate financial resources in
disregard to the local needs of the particular areas. This inequitable allocation of resources has led to
inefficiencies in local governance and effective delivery of services sought to be provided under the local
governments and the Constitution. Furthermore, in this age of specialization, it is strongly felt that the
delivery of municipal services both in urban and rural areas require targeted focus involving specialized
expertise, skills and professionalism so as to identify the local needs of people with sharp precision and
meet them in full adherence to the corresponding inviolable rights of the people guaranteed under the
Constitution.
2. Hence, in pursuance of Articles 32 of the Constitution and in line with the manifesto of the
government, new local government system is proposed to be established so that accountable individual
local government is formed by empowering them to shoulder the political, administrative and financial
responsibility and authority of the Government at local level through their elected representatives to
ameliorate the sufferings and grievances of the general public.
CH. NISAR ALI KHAN
Minister for Interior and Narcotics Control
Minister In-chargeThis judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.