Professional Documents
Culture Documents
GOVERNMENT
STATUTES OF
THE PUNJAB AND KHYBER PAKHTUNKHWA
PROVINCES
May 2014
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Table of Contents
Historical Perspective 2
Conclusion 10
Sources of Reference 12
Annex 1 12-13
Annex 2 110-111
Historical Perspective
The basic philosophy of local government system is that the enforced whereby Commissioners of the Divisions were
affairs of an area, how large or small may be, including nominated as ex-officio Chairmen of the Municipal
administration thereof, provision of services, like water, gas, Committees of the districts of their respective divisions.
electricity, roads, educational and health facilities, taxation, Similarly, in 1868, the Bengal District Town Act applicable to
policing and resolution of minor disputes are managed and small towns was issued. Under the said law, the respective
processed by the residents of that area, either directly or Town Magistrates were to head the civics bodies of the
through their representatives. The excavations of the cities towns. In 1884, pursuant to Lord Ripon's Resolution, the
of Moenjodaro (Sindh), Harappa (Punjab), Takhat Bhai Municipal Acts were issue for Punjab, Bengal and Bombay.
(Khyber Pakhtunkhwa) and several other archeological Under those enactments elected members were to
sites in Pakistan relating to 5000 to 4000 B.C. are clear constitute the Municipal Committees along with the
indicative of the fact that even during ancient period, the Government appointed members.
Indus civilization had certain bodies or organizations in the
administration who were responsible for provision of basic In 1873, the Punjab Municipal Act came into being vesting
civic services, such as sanitation and development of water enhanced powers upon the municipalities in the matter
sources. Under the Mughals who were very fond of concerning municipal service. Likewise, the Bengal District
greenery, during the long reign provided and developed Municipal Act, 1878, was introduced and thereby City of
gardens, fountains and public baths, etc., for the common Municipality of Karachi was established. Because of
people. enlargement of occupied territories and for better
governance thereof, the British Government constituted
During seventeenth century, the British colonial rule of several Commissions to improve system of Local Self-
Indian sub continent commenced through East India Government for the purpose of delegating the municipal
Company, Charted by the Queen of England on the 31st functions upon the municipalities for discharge of civic
December, 1600. The Company was, in the first instance, services. In this context, the Government of India Act, 1919,
formed to have trade with Indian states, but shortly after brought drastic improvement in the system of Local Self-
landing in India, it assumed the role of an agent of British Government. By virtue of the said enactment, the subject of
Crown and started occupying the Indian territories and Local Self-Government was made a 'transferred subject'.
establishing its rule thereon. In this process, Madras was Consequently, in 1922 the Ministry of Local Self-
the first territory on which the Company established its Government was established in the Province of Punjab. In
complete control. In 1688, Madras was declared as a 1925, the Bombay City Municipality Act was introduced
Municipal corporation for the purpose of looking after the which was also applicable to Sindh. By Virtue of the said
civics arrangements of the area. In 1842, when the legislation more of the Municipal powers and administration
Company had occupied a large chunk of Indian peninsula of Cities were devolved to municipalities. The Bengal
and several southern states, the first legislation, namely the Municipal Act, 1932, repealing 1884, statute upgraded the
Conservancy Act was introduced in Bengal Presidency system of Local Self-Government of the Province. In 1933,
where under Conservancy Committees were constituted. Karachi was given the status of Municipal Corporation
Since the British Government had annexed Sindh with under the City of Karachi Act, 1933.
Bombay Presidency, the law was also made applicable to
Karachi by constituting a Board of Conservancy in the same The Government of India Act, 1935 which ultimately paved
year. Later, on the same pattern under the Municipal Act, the way for partition of India into two independent states of
1846, such Committees were established at Lahore and Pakistan and India empowered the Provinces to make
Rawalpindi. This legislation was, however, limited in scope legislation on Local Self-Government by adding the
as it only provided for setting up of Sanitary Committees in following entry in the Provincial Legislative List:-
certain towns on the request of residents or owners of the
houses in a locality for the purpose of maintenance of "13. Local government, that is to say, the constitution and
conservancy, including collection of garbage and disposal powers of Municipal corporations, improvement trusts,
thereof. This was followed by the All India Municipal Act, district boards, mining settlement authorities and other local
1850 which was, initially, enforced in four towns of Bengal authorities for the purpose of local self-government or
and Punjab having concentration of British and other village administration."
Eruption nationals. Under this statute, Municipal
Committees could be set up in the area on the desire of The empowerment of Provinces to legislate on the subject
owners of houses thereof. of Local Self-Government, energize the Provincial
legislators to strengthen the system. Accordingly, there was
Subsequently, in 1852, the law was extended to Karachi and a rapid growth of fresh legislation for widening of the scope
accordingly a Municipality was established for that district. of local self-government. In consequence thereof, Lahore
Later, in year 1867, the Punjab Municipal Act was introduced was made a Municipal Corporation under the Lahore
where under Committees comprising official and non- Corporation Act, 1941, while under the Quetta Municipal
official members could be appointed by the Government for Act, 1946, similar status was given to the city of Quetta. This
a period of two years, inter alia, with the object to make them policy change continued till the creation of Pakistan.
responsible for management of conservancy affairs. During
the same period, the District Improvement Act, 1864, was
Constitution Documents (Pakistan), Published by Ministry of Law and Parliamentary Affairs, Government of Pakistan.
The Constitutions of the Islamic Republic of Pakistan, 1956, 1962 and 1973.
Sindh, Baluchistan, North West Frontier Province and Punjab Local Government Ordinances 2001.
COMPARISON OF PROVI NCIAL LOCAL GOVERNMENT ACTS OF PUNJAB & KPK 2013
Punjab Local Government Act 2013 KPK Local Government Act 2013
1. Short title, extent and commencement 1. Short title, extent and commencement
(1) This Act may be cited as the Punjab Local (1) This Act may be called the Khyber Pakhtunkhwa
Government Act 2013. Local Government Act, 2013.
(2) It extends to the whole of the Punjab except the (2) It extends to the whole of the province of the Khyber
Cantonment areas or any other area excluded by Pakhtunkhwa except, areas notified as
the Government by notification in the official cantonments or any other area excluded by
Gazette. Government through notification in the official
Gazette.
(3) It shall come into force on such date as the
Government may, by notification [2], appoint and (3) It shall come into force on such date as Government
different dates may be appointed for coming into may, by notification appoint, and different dates
force of different provisions of this Act. may be appointed for different provisions of this
Act
(1) The Government shall, by notification in the official For the purpose of this Act Village, Neighborhood,
Gazette, divide a District into urban area and rural Tehsil, Town, District and City District shall be local
area. areas for local governments.
(1) A Union Council shall be an area consisting of one (1) A village council shall be an area comprising one
or more revenue estates or, in the case of an area or more muaziaat or, in the case of an area where
where revision of settlement under the law has not revision of settlement under the law has not been
taken place, one or more census villages or, in the taken, one or more census villages;
case of an urban area, a census block or blocks as
delimited for purposes of the last preceding (2) In the case of an area with urban characteristics, a
census or a census block and a revenue estate, neighborhood council shall be an area comprising
notified as such by the Government. a whole number of population census blocks as
delimited for the purpose of last preceding census
(2) As far as possible or a combination of whole number of census
blocks and a whole number of muaziaat, notified
(a)the area of a Union Council shall be a territorial as such by Government:
unity;
Provided that, as far as may be,-
(b)the boundaries of a Union Council shall not
cross the limits of the Metropolitan Corporation, a (a) the area of a village and neighborhood council
Municipal Corporation or a District Council; and shall be a territorial unity;
(c)the population of Union Councils within a local (b) the boundaries of a village and neighborhood
(3) The Government shall, in the prescribed manner, (c) the area of a village council shall comprise a
delimit a union council into six wards for the whole number of patwar circles, or a patwar circle
election of members on general Seats and into may contain a number of whole village councils;
two wards, consisting of three adjoining wards of
the union council, for the election of two seats (d) the area of a neighborhood council shall
reserved for women. comprise a whole number of census blocks as
delimited for the purpose of the preceding
(4) A ward shall ,as far as possible, consist of a part of population census or a whole number of muaziaat
a village ,one or more adjoining villages and in or a combination of a whole number of census
case of an urban area , a part of a census blocks blocks and muaziaat; and
and ,as far as possible, the population of wards
shall be uniform. (e) the population of village and neighborhood
council within a district shall range between 2,000
to 10,000 calculated on the basis of last preceding
population census officially published:Provided
further that in a specific case, Government may, for
reasons to be recorded, waive the aforesaid
conditions.
(1) The Government shall, in the prescribed manner, Government shall, by notification in the official Gazette,
delimit a Municipal Committee into wards for declare tehsils and districts notified under the West
election of members of the Municipal Committee Pakistan Land Revenue Act, 1967 (W.P. Act XVII of
on general seats. 1967), to be tehsils or, as the case may be, districts
under this Act.
(2) For purposes of delimitation of a Municipal
Committee, a ward shall, as far as possible, consist 8. Provisions of District apply to City District.
of a part of a census block, a census block or
adjoining census blocks and the population of Save as otherwise provided in this Act, the provisions
wards within a Municipal Committee shall be relating to District shall, mutatis mutandis, apply to City
uniform. District and any reference in these provisions to Nazim
District Council, Naib Nazim District Council, District
Government and District Council shall, respectively, be
read as reference to Nazim City District Council, Naib
Nazim City District Council, City District Government
and City District Council respectively.
9. Setting up of a Town.
The Government may, in a specific case and for (1) Government shall, by notification in the official
reasons to be recorded in writing, waive the conditions Gazette, constitute a Delimitation Authority for
of delimitation mentioned in section 8. delimitation of village councils, neighborhood
councils and territorial wards for general seats to
10A Finality of delimitation:-A court, officer or authority tehsil, town and, as the case may be, district
shall not review or correct any delimitation of a union councils.
council or ward after the notification of the election
schedule (2) All wards for general seats shall, as far as
practicable, be delimited having regard to the
distribution of population in geographically
compact areas, existing boundaries of
administrative units, facilities of communication
and public convenience and other cognate factors
to ensure homogeneity in the creation of wards.
(1) Subject to subsection (2), the local governments (1) Subject to other provisions of this Act, local
constituted under this Act shall be governments constituted under this Act shall be:
(a) Metropolitan Corporation for Lahore District (a) a City District Government for district
and a Municipal Corporation for such urban area Peshawar;
as the Government may notify;
(b) a District Government for a district other than
(b) a Municipal Committee for such urban area as Peshawar;
the Government may notify;
a Tehsil Municipal Administration for a Tehsil;
(c) a District Council for the rural area of a District
other than Lahore as the Government may notify; (d) a Town Municipal Administration for a Town in
the City District;
(c) an integrated urban area having a population (4) Government shall prescribe rules of business for
between thirty thousand and five hundred local governments notifying structure and working
thousand to be a Municipal Committee; and of local government administration, groups of
offices, allocation of business, appointment,
(d) an integrated urban area having a population of posting, promotion and transfer of officers and
more than five hundred thousand to be a Municipal officials, performance evaluation, channels of
Corporation. communication, coordination of local council
business, consultation between offices and
(3) The Government may, by notification in the official incidental matters for smooth and efficient
Gazette, specify the name by which a local disposal of official business.
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 situated.
(1) There shall be a District Council in a District, other There shall be a District Council in each district which
than Lahore District. shall consist of general seats, seats reserved for
women, peasants and workers, youth and non-
(2) A District Council shall consist of the Chairmen of muslims as provided in Part-A of Second Schedule to
all Union Councils in the area of the District this Act.
Council, and shall include the following members
indirectly elected on the reserved seats by the
Chairmen of the rural Union Councils present and
voting
(1) The Chairman of a District Council shall The functions and powers of Nazim, district council
shall be to-
(a) ensure that the business of District Council is
carried out strictly in accordance with this Act and (a) provide vision for district-wide development,
other laws; leadership and direction for efficient functioning of
district government;
(b) ensure efficient, effective and transparent
functioning of the District Council; (b) d e v e l o p s t r a t e g i e s a n d t i m e f r a m e f o r
accomplishment of goals approved by district
(c) ensure accomplishment of operational, council;
developmental and financial objectives set by the
District Council or the Government in accordance (c) ensure implementation of devolved functions and
with provisions of this Act; maintain administrative and financial discipline;
(d) present tax proposals to the District Council; (d) oversee formulation and execution of the annual
development plan;
(e) present report on the performance of the local
government to the District Council at least twice in (e) present budget proposals to district council for
a year; approval;
(f) issue executive orders to the Chief Officer; (f) present to district council bi-annual reports on the
performance of offices of district government;
(g) represent the District Council at civic or
ceremonial functions; (g) call for quarterly reports from Government
departments in the district, other than those
(h) exercise general supervision and control over devolved to district government, present them to
officers of the District Council; district council and forward them to Government
along with recommendations of district council
(i) guide and lead officers in achieving the goals and his comments for consideration and action;
and targets fixed by the District Council in an
effective and efficient manner; and (h) initiate inspections of tehsil municipal
administration, village councils and neighborhood
(j) perform such other functions as the District councils in the district;
Council may, by a general or special resolution,
(1) The business of a District Council shall be 15. Personal responsibility of Nazim, District
conducted in such manner as may be prescribed. Council.
(2) The Government may, in the prescribed manner, Nazim District Council, shall be personally responsible
issue a schedule of establishment for a District for any loss flowing from decisions made by him
Council and such schedule may include planning, personally or under his directions in violation of this Act
finance, regulation and infrastructure offices or any other law for the time being in force and for any
expenditure incurred without lawful authority.
76. Functions of District Council.
16. Disciplinary powers of the Nazim, District
The District Council shall Council.
(a) approve bye-laws and taxes; Nazim District Council shall have powers to take
disciplinary action against functionaries in district
(b) approve annual budget of the District Council government under efficiency and disciplinary rules
including supplementary budgetary proposals prescribed in this regard
and long term and short term development plans;
18. Functions and powers of the District Council.
(c) review the performance of all offices working for
the District Council; The functions and powers of the district council shall
be to-
(d) review the performance report presented by
the Chairman; and (a) approve bye-laws for performance of functions
devolved to district government;
(e) promote social counseling to inculcate civic
and community spirit and motivate and galvanize (b) approve taxes on subjects provided in this Act;
the general public for compliance with municipal
laws, rules and bye-laws. (c) approve long term and short term development
plans, annual and supplementary budgetary
77. Other functions of District Councils. proposals of district government including
proposals for changes in the schedule of
A District Council shall be responsible for performance establishment for devolved offices and, where
of the following municipal functions required, intra-district fiscal transfers;
(a) prevention and removal of encroachment on (d) elect Standing Committee of the district council for
public ways, streets and properties; each office of district government to oversee
matters and service delivery obligations assigned
(b) prevention of nuisance in public ways, streets to the office and report to the district council its
and properties; findings on efficiency, responsiveness, service
delivery standards and performance of the
(c) regulation of dangerous and offensive articles respective office for review;
and trades mentioned in Second Schedule;
(e) elect Finance Committee of the district council for
(d) regulation or prohibition of the excavation of examination of tax and budget proposals, re-
earth, sand, stones or other material; appropriations and supplementary grants;
(e) regulation or prohibition of the establishment of (f) elect District Accounts Committee to scrutinize the
(l) assisting Union Councils in provision and (k) make recommendations for enhancement of care
maintenance of rural water supply schemes and for disabled, disadvantaged and marginalized
public sources of drinking water, including wells, segments;
water pumps, tanks, ponds and other works for the
supply of water; (l) review reports presented by the Nazim, district
council; and
(m) construction of culverts, bridges and public
buildings; (m) review reports and recommendations of District
Accounts Committee on the accounts of district
(n) control over land-use, spatial planning, land- government.
subdivision, land development and zoning by
public and private sectors for any purpose, 19. Functions of District Council in City District.
including for agriculture, industry, commerce
markets, shopping and other employment In addition to the functions specified in section 18, the
center s , r es i d enti a l , r ecr ea ti o n, p a r k s , district council in a city district shall perform the
entertainment, passenger and transport freight following functions, namely:
and transit stations;
(a) approve master plans, zoning, land use plans,
(o) enforce all municipal laws, rules and bye-laws including classification and reclassification of land,
regulating its functioning; environment control, urban design, urban renewal
and ecological balances;
(p) promote animal husbandry and dairy
development; (b) review implementation of rules and bye-laws
governing land use, housing, markets, zoning,
(q) hold fairs and shows, promotion of public environment, roads, traffic, tax, infrastructure and
games and sports, celebration of national public utilities;
occasions; and
approve proposals for public transport and mass
(r) undertake other development activities. transit systems, construction of express ways, fly-
overs, bridges, roads, under passes, and inter-
town streets;
(a) coordination;
16. Saving.
17. Authorities.
(viii) firefighting;
(viii) firefighting;
82. Structure.
83. Chairman.
84.Chief Officer.
85.Municipal offices.
(viii) firefighting;
88.Structure.
(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.
89.Mayor.
(a) coordination;
(g) r e g u l a t e a f f i x i n g o f s i g n - b o a r d s a n d
advertisements;
92. Authority.
(1) A local government shall establish a Local Fund (1) There shall be established a district fund, a tehsil
and all the revenues received by the local fund, village fund and neighborhood fund, as the
government from the following sources shall be case may be, for each respective local
credited to the Fund: government.
(a) the proceeds of taxes, tolls, fees, rates or (2) To the credit of the respective Fund shall be placed
charges levied by the local government; all revenues received by a local government from
the following sources:
(b) grants made to or monies received by the local
government from the Government or other (a) monies transferred by another local
sources; government under this Act;
(c) rents and profits payable or accruing to the (b) grants made or monies received from
local government from immovable property vested Government or other authorities in Pakistan;
in or controlled or managed by it;
(c) the proceeds of taxes levied by a local
(d) proceeds or any other profits from any government under this Act;
investment;
(h) proceeds from other sources of income which (f) gifts, grants or contributions by individuals or
are placed at the disposal of the local government institutions;
under directions of the Government;
(g) income accruing from markets or fairs
(i) all monies transferred to the local government regulated by a local government;
by the Government; and
(h) fines imposed and recovered under this Act;
(j) monies transferred by another local government and
under this Act.
(i) proceeds from other sources of income which
(2) The Government shall transfer the grants of a local are placed at the disposal of a local government
government in the shape of share of the local under directions of Government.
government in the Punjab Finance Commission
Award and share in the proceeds of taxes of the (3) To the credit of respective Public Account of the
local government collected by the Government, to local government shall be placed all revenues
the Local Fund of the local government on monthly received by a local government from the following
basis. sources-
(3) Every local government shall maintain a Public (a) receipts accruing from trusts administered or
Account to place all revenues received by the local managed by it;
government from the following sources-
(b) refundable deposits received by it; and
(a) receipts accruing from trusts administered or
managed by the local government; (c) deferred liabilities
(b) refundable deposits received by the local (4) A local government, may and if required by
government; and Government shall establish and maintain a
separate fund for any special purpose to which
(c) deferred liabilities. one or more sources of revenue mentioned in sub-
section (2) or any part of these sources or any
(4) A local government may establish and maintain a specified portion of the Fund may be assigned and
separate account for any special purpose to which which shall be administered and regulated in such
one or more sources of revenue mentioned in manner as Fund of the local government.
subsection (1) or any part of these sources or any
specified portion of the Local Fund may be
assigned.
(1) The following expenditure shall be charged upon (1) The following expenditure shall be charged on the
the Local Fund Fund of local government, that is to say:
(a) the money required for repayment of loans; (a) such sums as are required for repayment of
debt;
(b) the money required to satisfy any judgment,
decree or award against the local government; (b) any sum required to satisfy any judgment,
decree or award against the local government by
(c) the money that the local government may be any Court or Tribunal;
required by the Government to contribute towards
the conduct of local government elections and (c) such sums as the local government may be
other deferred liabilities of the local government; required by Government to contribute towards the
and conduct of elections, the maintenance of
specified group of functionaries and the auditing of
(d) such other expenditure of local government as accounts; and
may be prescribed.
(d) any expenditure declared by Government to be
(2) If any expenditure is a charge upon the Local Fund so charged.
and is not paid, the Government may, by order,
direct the person having the custody of the (2) If any expenditure is a compulsory charge on the
respective Local Fund to pay such amount from Fund of a local government and is not paid,
the Local Fund. Government may, by order, direct the person
having the custody of the Fund to pay such
amount, or so much thereof as may be possible
from time to time, from the balance of the Fund.
(1) Monies credited to a Local Fund shall be expended (1) The money credited to the Fund of a local
in accordance with the annual budget and revised government shall be expended in accordance
budget estimates approved by the local with annual budget approved by the respective
government. local council.
(2) A local government shall not transfer monies to (2) No local government shall transfer monies to a
any other local government except by way of higher level of Government except by way of
payment of debts, for carrying out deposit works or repayment of debts or for carrying out deposit
for such other purposes as may be prescribed. works or as provided in this Act.
(3) The application of Local Fund shall be subject to (3) Where a new local government is to take over
the budgetary constraints and according to the during a financial year as a result of fresh elections,
minimum prescribed ratio of development and the outgoing local government shall not spend
non-development expenditures. funds or make commitments for any expenditure,
under any demand for grant or appropriation, in
(1) The annual budget for a local government shall (1) The annual budget for each local government shall
contain estimates of contain estimates of:
(b) amounts available in the Local Fund; (b) amounts available in the respective Fund;
(c) receipts for the next year; and (c) receipts for the next year; and
(d) expenditure to be incurred for the next year. (d) expenditures to be incurred for the next year
(2) The Government shall, sufficiently before the (2) The Government shall, sufficiently before the
beginning of each financial year, notify the beginning of each financial year, notify the
provisional share, which may be credited to the provisional grants, which may be credited to the
Local Fund of a local government from the Fund of a local government from the Provincial
Provincial Allocable Amount. Consolidated Fund.
(3) The functionaries of a local government may re- (3) No demand for a grant shall be made except on the
appropriate budget in accordance with the powers recommendation of the respective Nazim.
of re-appropriation delegated to them by the local
government and at the end of the financial year, a (4) Conditional grants from Government or other local
revised budget shall be submitted to the local government will be shown separately in the budget
government for approval. and will be governed by conditions provided
therein.
(4) A demand for a grant shall not be made except on
the recommendation of the Mayor or the (5) Before the commencement of a financial year each
Chairman. local government shall, for its Fund, prepare in the
prescribed manner, a budget for that year.
(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.
(1) Before the commencement of the next financial (1) Before the commencement of the next financial
year, the Mayor or Chairman shall present the year, each Nazim shall, present the budget for
budget for consideration and approval of the local consideration and approval of the respective local
government. council.
(2) The local government may discuss the charged (2) The budget of a local government shall be
expenditure but shall not vote on such approved by simple majority of the total
expenditure. membership of the respective council.
(3) The budget of a local government shall, subject to (3) No other business shall be taken up by a council
quorum, be approved by simple majority and the during budget session.
local government shall not take up any other
business during the budget session. (4) In case a budget is not approved by the local
council before commencement of the financial
(4) The Government may review approved budget of a year to which it relates, Government shall prepare,
local government, and if found contrary to the approve and authenticate budget for the local
budget rules, may require the local government to government.
rectify it.
(5) A local council shall not be empowered to approve
(5) A budget shall not be approved if the sums a budget if the sums required to meet estimated
required to meet estimated expenditure including expenditures exceed the estimated receipts.
previous liabilities and commitments exceed the
estimated receipts. (6) The Nazim shall authenticate by his signature a
schedule specifying the:
(6) In case a budget is not approved by a local
government before the commencement of the (a) grants made or deemed to have been made by
financial year to which it relates, the local the local council; and
government shall spend money under various
objects, on pro-rata basis, in accordance with the (b) the several sums required to meet the
budgetary provisions of the preceding financial expenditure charged upon the Fund of the local
year for a period not exceeding thirty days. government.
(7) A local government shall not spend funds or make (7) The schedule so authenticated shall be laid before
commitments for any expenditure, under any the local council, but shall not be open to
demand for grant or appropriation, in excess of discussion or vote thereon.
eight percent of the amount budgeted in the
preceding year within the period of thirty days (8) The schedule so authenticated shall be
mentioned in subsection (6). communicated to the respective Accounts
Officials and Government.
(8) In case, a local government fails to pass the
budget within the extended period as specified in (9) At any time before the expiry of the financial year to
subsection (6), the Government shall prepare, which budget relates, a revised budget for the year
approve and authenticate the budget of the local may, if necessary, be prepared and sanctioned
government for full year. and such revised budget shall, so far as may be, be
subject to the provisions of this section.
(9) After approval of the budget by a local
government, the Mayor or the Chairman shall
authenticate under his signature a schedule
specifying
(11) T h e a u t h e n t i c a t e d s c h e d u l e s h a l l b e
communicated to the local government
functionaries, accounts officials and the
Government.
(1) The accounts of all receipts and expenditure of a (1) The accounts of receipts and expenditure of local
local government shall be kept in such form and in governments shall be kept in such form and in
accordance with such principles and methods as accordance with such principles and methods as
may be prescribed by the Auditor-General of the Auditor-General of Pakistan may prescribe.
Pakistan.
(2) The following arrangement for maintaining of
(2) In addition to maintenance of accounts by a local accounts in local governments shall be followed:
government, Provincial Director, Local Fund Audit
of the Government shall maintain the accounts of (a) the District Accounts Officer shall maintain the
the local governments, other than the accounts of accounts of each district government;
the Union Councils, District Education and Health
Authorities. (b) the Tehsil Accounts Officer shall maintain the
accounts of the tehsil municipal administration;
(3) The Union Secretary shall maintain the accounts of
the Union Council. (c) the Village Accountant shall maintain the
accounts of village council;
(4) Accountant General and District Accounts Officer
of the District shall maintain the accounts of the (d) the Neighbourhood Accountant shall maintain
District Education Authority and District Health the accounts of neighbourhood council; and
Authority.
(e) the Accounts Officer mentioned in clauses
(5) The Provincial Director, Local Fund Audit of the (a),(b) (c) and (d) shall perform pre-audit of all
Government shall pre-audit all the payments from payments from the respective Fund before
the Local Fund of a local government other than approving disbursements of monies.
the payments from the Local Fund of the Union
Councils and accounts of the District Education (3) The District Accounts Officer shall, quarterly and
and Health Authorities. annually, consolidate the accounts of local
governments in the district separately for receipts
(6) The Union Secretary shall pre-audit all the from the Government and local resources and
payments from the Local Fund of the Union send a copy to Government, Accountant General
(7) The Accountant General and the District Accounts (4) Local governments shall publish annual accounts
Officer shall pre-audit all the payments from the for public information.
Local Funds of the District Education Authority and
District Health Authority. (5) Accounts Committees of the respective local
councils shall hold public hearings to consider
(8) A local government shall not withdraw or disburse audit reports, objections to statement of accounts
money from the Local Fund unless it is pre-audited and recommend appropriate action to the local
in the prescribed manner. council.
(1) The Auditor-General of Pakistan shall, on the basis (1) The Auditor General of Pakistan shall, on the basis
of such audit as he may consider appropriate or of such audit as he may consider appropriate or
necessary, certify the accounts of a local necessary, certify the accounts compiled and
government for each financial year. prepared by the respective accounts officials of
local governments for each financial year, showing
(2) The Auditor-General shall audit the accounts of a annual receipts and disbursements for the
local government in such form and manner as may purposes of each local government and shall
be deemed appropriate. submit certified accounts with such notes,
comments or recommendations as he may
(3) The audit report of the Auditor-General shall be consider necessary to the Government and Nazim
considered by the Public Accounts Committee of of the respective local council.
the Provincial Assembly of the Punjab.
(2) The Nazim shall cause the audit report to be
(4) If in the opinion of the Government, it is necessary submitted to the respective local council and the
in public interest to have a special audit of a local local council shall refer it to its Accounts
government, it may direct that such audit may be Committee for examination.
conducted either by the Provincial Director Local
Fund Audit or any other audit agency. (3) Every district government and tehsil municipal
administration shall publish its annual audit report
(5) After the receipt of special audit report of a local for information of public.
government, the Government may, after enquiry
by the Punjab Local Government Commission, (4) Every Nazim, district council and tehsil council
take appropriate action on the recommendations shall appoint an Internal Auditor as principal
of the Commission. support person for provision of information to him
and members of the respective local council on
fiscal performance of the local government.
(1) Subject to any reservations made or any (1) Subject to any conditions imposed by
conditions imposed by the Government, the Government, the property specified hereunder
property specified below shall vest in the shall vest in the respective local government if it is
respective local government if it is
(a) vested in a local government through
(a) vested in the local government through succession;
succession as provided in section 3;
(b) transferred to the local government by the
(b) transferred to the local government by the Government or any other authority, organization or
Government or any other authority, organisation or an individual; and
an individual;
(c) constructed or acquired by a local government
(c) constructed or acquired by the local with its title.
government with its title; and
(2) The properties of Government in possession of the
(d) a road, street or any other immovable property local councils established under the Khyber
developed by the local government for public Pakhtunkhwa Local Government Act, 2012
purposes with express or implied consent of the (Khyber Pakhtunkhwa. Act. No. VIII of 2012), shall
owner. pass on to their successors as provided in this Act
till varied by Government.
(2) Until otherwise directed by the Government, the
properties of the Government in possession of the (3) The local government shall, subject to policy of
local governments established under Punjab Government or contractual obligations, make bye-
Local Government Ordinance, 2001 (XIII of 2001) laws for the use, development, improvement,
shall pass on to their successors as provided in management and inspection of property which is
section 3. owned by or vests in it or which is placed under its
management charge.
(3) The successor local governments shall, subject to
policy of the Government or contractual (4) Subject to other provisions of this Act, Government
obligations, make bye-laws for the use, shall not, except with the prior consent of the local
development and management of the local government concerned, reallocate or in any
government properties. manner divest title of properties vested in that local
government under this Act.
(4) The Government shall not, except with the prior
129. Stock taking by the local government. 39.Stock taking by the Nazim
(1) Every local government shall once in every year in (1) Every Nazim shall, on assumption of his office and
July, take the physical stock of its movable and thereafter, once in every year on a date fixed by
immovable properties and publish the report in the him, take physical stock of movable and
prescribed manner. immovable properties of the local government and
present a report to the local council.
(2) The report referred to in subsection (1) shall
contain (2) The report shall contain-
(a) particulars of the properties held during the (a) particulars of the properties held during the
preceding year; preceding year;
(b) total value of the property, annual return there (b) total value of the property and annual return
from and change in its value, if any; there from;
(c) particulars of unserviceable articles; (c) particulars of unserviceable articles and losses
if any; and
(d) particulars of losses, if any; and
(d) plans for utilization, development and
(e)proposal for utilization, development and improvement during the following year.
improvement during the following year.
(3) A local government may grant lease of its Provided that such properties may be given on lease
immovable property through competitive bidding through competitive bidding in public auction for a
by public auction in the prescribed manner. period to be determined by the Government:
(4) The Government may constitute a Committee Provided further that no such property under or near a
headed by the Chief Officer of the local fly-over bridge shall be leased or otherwise given
government to identify the encroached or to any person for private, commercial or non-
redundant properties of a local government that commercial use, and any order, license,
may be sold in the prescribed manner with the permission, tehbazari ticket, handcart passes or
approval of the Government and the funds certificate issued by any authority at any time in
generated from the sale of such properties shall be this respect shall stand withdrawn and shall be
kept in a separate account and be used only for deemed cancelled.
purposes of development.
(3) Movable property of a local government which is
(5) The movable property of a local government which required to be disposed of and all articles declared
is required to be disposed of shall be sold through unserviceable shall be sold through competitive
competitive bidding by public auction. bidding in public auction.
116. Rating areas and property tax. 44. Rating Areas and Property Tax
(1) On the commencement of this Act, a rating area in (1) On commencement of this Act, every tehsil shall
which tax has been imposed under the Punjab be rating area within the meaning of the Khyber
Local Government Ordinance, 2001 (XIII of 2001), Pakhtunkhwa Urban Immovable Property Tax Act,
shall continue to be rating area within the meaning 1958 (W.P. Act V of 1958).
of the Punjab Urban Immovable Property Tax Act,
1958 (V of 1958). (2) The rate of property tax in an area within a tehsil
shall be subject to approval of respective tehsil
(2) Notwithstanding anything contained in the Punjab council:
Urban Immovable Property Tax Act 1958 (V of
1958), a Metropolitan Corporation, Municipal Provided that in the areas within a tehsil where rate
Corporation, Municipal Committee or a rural Union has not been determined, the areas shall be
Council with urban characteristics may determine deemed to be exempted from property tax till
higher rate of property tax within its area in determination of the rate.
accordance with the provisions of section 115.
(3) Unless varied under sub-section (2) above, the
(3) Where a Metropolitan Corporation, a Municipal existing rates in the areas within a tehsil shall
Corporation, or a Municipal Committee has not remain in force.
determined the rate of property tax within its area,
the property tax shall be levied in accordance with
the provisions of the Punjab Urban Immovable
(4) In matters for which no provision or no adequate For the purpose of this section the rate shall mean the
provision relating to the property tax has been tax leviable under the Khyber Pakhtunkhwa Urban
made under this Act, the provisions of the Punjab Immovable Property Tax Act, 1958 (W.P. Act V of 1958).
Urban Immovable Property Tax Act, 1958 (V of
1958) shall apply.
(1) A tax or fee levied under this Act shall be collected (1) Failure to pay any tax and other money claimable
in the prescribed manner. under this Act shall be an offence.
(2) The Government may prescribe the mode of (2) All arrears of taxes, rents and other moneys
collection of a tax or a fee levied under this Act and, claimable by a local government under this Act
for the purpose, may combine tax or fee of two or shall be recoverable as arrears of land revenue.
more local governments with a stipulation for
division of proceeds of the tax or fee. (3) Government may empower any local government
to recover arrears of taxes or any other moneys
(3) If a person fails to pay any tax or fee or any other claimable by the local government under this Act
money payable to a local government, the local by distress and sale of the movable property
government and, if so requested by the local belonging to the person concerned or by
government, the Government shall recover the tax, attachment and sale of the immovable property
fee or other money as arrears of land revenue. belonging to him.
(4) The recovery of tax, fee or other money under (4) Government may specify the officials or classes of
subsection (3) shall not absolve the person from officials by whom the power under sub-section (3)
prosecution for any offence under this Act or any shall be exercised and prescribe the manner in
other law. which it shall be exercised.
118. Minimum rate of tax etc. 50. Local governments not to incur debt
(1) Notwithstanding anything contained in this (1) No local government shall incur any debt.
Chapter, the Government may, by rules, determine
the minimum rate of a tax or fee to be levied and (2) No monies of the local government shall be
collected by a local government. invested in securities other than those floated or
approved by the Government.
(2) The Government may, for reasons to be recorded
in writing and by notification in the official Gazette,
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
(1) The Punjab Finance Commission shall consist of (1) The Finance Commission shall consist of the
the following members following members:
(a) Minister for Finance who shall be the (a)Minister for Finance Department, who shall be
Chairperson; the Chairman of the Finance Commission;
(b) Minister for Local Government who shall be the (b)Minister for Local Government, Elections and
Co-Chairperson; Rural Development Department;
(c) five members of the Provincial Assembly of the (c)two members of the Provincial Assembly of
Punjab, three nominated by the leader of the Khyber Pakhtunkhwa, one each nominated by the
House and two nominated by the leader of the Chief Minister and Leader of Opposition in the said
opposition in the Provincial Assembly; Assembly;
(4) A professional member may be removed or (3) No proceedings or act of the Finance Commission
reappointed in the prescribed manner. shall be invalid merely on the ground of existence
of a vacancy in its composition.
112. Functions of the Punjab Finance Commission. 53. Functions of the Finance Commission
(a) a formula for resource distribution including (a) the amount of grant for local governments out
of the proceeds of Provincial Consolidated Fund in
(i) distribution between the Government and the a financial year in addition to the grant in lieu of
(iii) distribution of amounts received by the (b) formula for distribution of the grant among local
Government in lieu of Octroi and Zila Tax amongst governments in the province:
the local governments; and
Provided that the development grant for village
(b) matters relating to local government finance and neighborhood councils shall be determined
referred to the Punjab Finance Commission by the on the basis of population;
Government or by a local government.
(c) the amount of special grants for local
(2) The grant in lieu of Octroi and Zila Tax shall be in governments with modalities and conditions to
addition to the Punjab Finance Commission access the facility;
Award.
(d) grants in aid to local governments in need of
(3) The Government may make grant-in-aid to a local assistance; and
government and such grant shall not form part of
the Provincial Allocable Amount. (e) matters relating to local government finance.
(4) The Punjab Finance Commission may, before (2) While making recommendations, the Finance
making recommendations, consult a body or Commission shall take into account the principles
person, and shall take into account the principles of fiscal need, fiscal capacity, fiscal effort and fiscal
of population, backwardness, need and performance of local governments.
performance of a local government.
(3) The Finance Commission shall also take into
(5) The Government may approve or, for reasons to be consideration poverty, population, lag in
recorded in writing, alter the recommendations of infrastructure and revenue base of local
the Punjab Finance Commission and promptly governments as factors while formulating its
release the grants directly to the local government. recommendations.
(6) The Punjab Finance Commission shall take all (4) The Finance Commission shall present to the
decisions by majority of the members present and Government annually a report on the analysis of
voting. fiscal transfers, the situation of own-source
revenue in local governments and the reach and
(7) The Punjab Finance Commission shall present to quality of their services and the Government shall
the Government annually a report on the analysis cause the report to be laid before the Provincial
of the fiscal transfers, the situation of own-source Assembly.
revenue of the local governments and the reach
and quality of their services and the Government
shall cause the report to be laid before Provincial
Assembly of the Punjab.
(1) The Government shall appoint a Punjab Local (1) Government shall appoint a Local Government
Government Commission which shall consist of Commission, which shall consist of-
persons of integrity and good track record of
public service. (a) Minister for Local Government, Elections and
Rural Development Department, who shall be the
(2) The Commission shall consist of the following:- Chairman of the Local Government Commission;
(a) a Chairman who shall be the Minister for Local (b) two members of the Provincial Assembly, one
Government; each nominated by the Chief Minister and Leader
of Opposition in the Provincial Assembly;
(b) three members of the Provincial Assembly of
the Punjab, two nominated by the leader of the (c) two eminently qualified and experienced
House and one nominated by leader of the technocrats including a woman selected by
Opposition in the Provincial Assembly of the Government for a period of three years;
Punjab;
(d) Secretary to Government, Law, Parliamentary
(c) two technocrat members, including at least one Affairs and Human Rights Department; and
woman, nominated by the Government; and
(e)Secretary to Government, Local Government,
(d) Secretary, Local Government and Community Elections and Rural Development Department.
Development Department.
(2) The Local Government Commission may, for any
(3) The Secretary, Local Government and Community specific assignment, co-opt any other person as
Development Department shall be the Secretary of member; provided that, when it is seized with an
the Commission. inquiry against a Nazim, it shall be mandatory for
the Local Government Commission to co-opt a
(4) The Punjab Local Government Commission may disinterested Nazim, district council as member.
co-opt any official of the Government for any
specific assignment. (3) Government shall provide separate budget for the
Local Government Commission with Director
(5) Subject to subsection (6), the tenure of the General, Local Government and Rural
members of the Punjab Local Government Development as Principal Accounting Officer, who
Commission, other than the Chairman and the shall provide secretarial support and render
Secretary, shall be five years. assistance to the Local Government Commission.
(6) The Government may, after serving a notice and (4) No act or proceedings of the Local Government
opportunity of hearing, remove a member of the Commission shall be invalid by reason or
Commission after recording reasons. existence of any vacancy, or defect, in its
constitution.
(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
123. Functions of the Commission. 55. Functions of the Local Government Commission
(1) The Punjab Local Government Commission shall (1) Functions of the Local Government Commission
shall be to:
(a) conduct annual and special inspections of the
local governments and submit its reports to the (a) conduct annual and special inspections of local
Government; governments and submit reports to the
Government
(b) if so directed by the Government, conduct,
(b) conduct, on its own initiative or, whenever, so
(i) an inquiry by itself or through any other agency directed by the Chief Minister or, whenever, a
about any matter concerning a local government; reference is made by a Nazim, district council, an
inquiry by itself or through district government into
(ii) audit by itself or direct any other agency to any matter concerning a local government;
conduct a special audit of any local government;
(c) resolve disputes between local governments;
(c) resolve the disputes between any Department
of the Government and a local government or (d) submit to the Chief Minister an annual report on
between two or more local governments and if the the over-all performance of district governments
Commission fails to settle the dispute, the and tehsils municipal administration; and
aggrieved party may move the Government for
resolution of the dispute; (e) take cognizance of violations of laws and rules
by a local government.
(d) enquire into the matters referred to it by the
Government or a Chief Officer and give its decision (2) Where the Local Government Commission is of the
on such matter; opinion that suspension of a Nazim, Naib Nazim or
a member of a local council is necessary for the
(e) conduct social and performance audit of a purposes of a fair enquiry or preventing him from
(i) consultative process of the annual development (a) summoning and enforcing attendance of any
plan; person and examining him on oath;
(ii) formulating procedures for utilization of the (b) compelling production of documents;
Legislators development grant;
(c) receiving evidence on affidavits; and
(iii) assessing implementation of decision of these
meetings; (d) issuing commission for the examination of
witnesses.
(iv) carrying out review of development schemes;
and
125. Punjab Local Government Board. (1) Where, in the opinion of the Chief Minister, an order
or decision of the Nazim, district council is not in
(1) There shall be constituted a Board to be called the conformity with law or is against the interest of the
Punjab Local Government Board consisting of a people, he may, for reasons to be recorded and
Chairman and not less than three and not more conveyed to the concerned Nazim, district council,
than five members to be appointed by the suspend such order or, as the case may be,
Government on such terms and conditions as the decision, refer the matter to the Local Government
Government may determine. Commission for enquiry to be completed within
sixty days and may on receipt of the report, quash
(2) The Board shall be a body corporate having the order or decision of the Nazim, district council,
perpetual succession and a common seal with if it is so recommended by the Local Government
power to acquire, hold and transfer property and Commission:
shall, by its name, sue or be sued.
Provided that, if no action is taken within sixty days
(3) The Secretary to Government, Local Government of suspension of the order or decision of the
and Community Development Department shall Nazim, district council, such order or, as the case
be ex-officio Chairman of the Board. may be, decision shall stand restored.
(4) The Government shall appoint a Secretary of the (2) The quashment of an order or decision referred to
Board to deal with day to day administration of the in sub-section (1) shall be notified by Government
Board and to perform such other functions as may in official Gazette.
be assigned to him by the Board.
61. Internal controls, inspection and supervision
(5) A local government shall contribute towards the
expenditure of the Board an amount calculated at (1) Nazim, district council may, with the approval of
such rate as may, from time to time, be fixed by the district council, designate inspecting officers to
Government and the accounts of the Board shall objectively examine the performance of a tehsil
be maintained and audited in the prescribed municipal administration, village council and
manner. neighborhood council in relation to service
delivery.
(6) The Board shall
(2) Inspection reports prepared on specified format
(a) make appointments, order transfers, take and containing evaluation of performance in
disciplinary action and deal with other service relation to achievement of targets, responsiveness
matters in respect of the members of the to citizens difficulties, efficiency in delivery of
132. Offences, punishments and their cognizance. 66.Offences, punishments and their cognizance
(1) The offences specified in Fourth and Fifth (1) The offences specified in Fourth and Fifth
Schedules shall be liable to punishment by way of Schedules shall be liable to punishment by way of
imprisonment, fine, seizure, forfeiture, confiscation imprisonment, fine, seizure, forfeiture,
and impounding and such other penalties as are confiscation, impounding and such other
provided in this Act. penalties as are provided in this Act.
(2) If a person commits an offence specified in (2) Whoever commits any of the offences specified in-
(a) Part-I of Fourth Schedule, such person shall be (a) Part-I of the Fourth Schedule shall be
punishable with imprisonment for a term which punishable with imprisonment for a term which
may extend to seven years, or with fine which may may extend to three years, or with fine which may
extend to five hundred thousand rupees or with extend to fifty thousand rupees, or with both and,
both and where an accused was directed by the where an accused was directed by the
Inspector for immediate discontinuance of the Enforcement Officer for immediate discontinuance
offence, the Court may impose a further fine which of the offence, the Court may impose a further fine
may extend to fifty thousand rupees for every day which may extend to one thousand rupees for
for the period the accused has persisted in the every day for the period the accused has persisted
offence from the date of its commission; in the offence from the date of its commission;
(b) Part-II of Fourth Schedule, such person shall be (b) Part-II of the Fourth Schedule shall be
punishable with imprisonment for a term which punishable with imprisonment which may extend
may extend to three years, or with fine which may to six months or fine which may extend to five
extend to one hundred thousand rupees or with thousand rupees, or with both and, where an
both and where an accused was directed by the accused was directed by the Enforcement Officer
Inspector for immediate discontinuance of the for immediate discontinuance of the offence, the
offence, the Court may impose a further fine which Court may impose a further fine which may extend
may extend to ten thousand rupees for every day to two hundred rupees for every day for the period
for the period the accused has persisted in the the accused has persisted in the offence from the
offence from the date of its commission date of its commission; and
(c) Part-III of Fourth Schedule, such person shall (c) Fifth Schedule shall in the first instance, be
be punishable with imprisonment which may liable to fine by issuing a ticket specified in the
extend to six months or fine which may extend to Sixth Schedule and, where an accused repeats the
twenty five thousand rupees or with both and offence within a period of two months for which he
where an accused was directed by the Inspector was fined, he shall be liable to the same
for immediate discontinuance of the offence, the punishment as provided in clause (b).
Court may impose a further fine which may extend
to five hundred rupees for every day for the period (3) The offences specified in clause (a) of sub-section
133. Appointment and control of Inspectors. 67. Appointment and control of Enforcement
Officers
(1) The Mayor or the Chairman shall, with the approval
of the local government, authorize the officials of (1) On a motion initiated by its Nazim, the district
the local government as Inspectors for the council or, as the case may be, the tehsil council
enforcement of the offences specified in the shall designate officers as Enforcement Officers
Schedules. for the offences specified in Fourth and Fifth
Schedules.
(2) The prescribed officer shall be the controlling
authority and administrative head of an Inspector (2) The district government shall notify Controlling
and the Inspector shall report to the officer for the Authority for the Enforcement Officers
enforcement of provisions of this Chapter.
(1) Notwithstanding anything contained in this (1) Where any person, in the opinion of an
Chapter, where any person, in the opinion of an Enforcement Officer, is contravening any provision
Inspector, is contravening any provision of the law of the law relating to the offences specified in Fifth
relating to the offences specified in Fifth Schedule, Schedule, he shall charge the accused by issuing
the Inspector shall charge the accused by issuing a ticket in the form specified in Sixth Schedule for
a ticket in the prescribed form for payment of fine payment of fine, if such offence has been
specified in Sixth Schedule, if such offence has committed for the first time in two months.
been committed for the first time by the accused
within three months. (2) The ticket shall be issued in quadruplicate by
delivering three copies to the accused after
(2) The ticket referred to in subsection (1) shall be obtaining his signatures or thumb impression on
issued in quadruplicate by delivering three copies the fourth copy to be retained by the Enforcement
to the accused after obtaining his signatures or Officer for record.
thumb impression on the fourth copy to be
retained by the Inspector for record. (3) The person to whom a ticket has been issued
under this section may either contest the
(3) The fine may be deposited in the bank account of imposition of fine in the Court within ten days from
the local government within ten days from the date the date of the issuance of the ticket or deposit the
of imposition of fine for credit in the Public Account fine within that period and provide a copy of
of the local government. payment receipt to the Enforcement Officer.
(4) The person to whom a ticket has been issued (4) The fine may be deposited in the designated Bank
under this section may either contest the Account of the local government within ten days
imposition of fine in the Court within ten days from from the date of imposition for credit in the Fund of
the date of the issuance of the ticket or deposit the the local government:
fine within that period and provide a copy of
payment receipt to the office of the local
government
(3) Where on the first date of hearing, the accused (3) Where on the first date of hearing, the accused
appears before the Court and produces the proof appears before the court and produces proof of
of deposit of fine, or unconditionally admitting his deposit of fine, or unconditionally admitting his
failure, deposits the fine forthwith along with the failure, deposits the fine forthwith along with the
penalty which shall not be less than ten percent penalty which shall not be less than ten percent
and not more than twenty five percent of the and not more than twenty five percent of the
amount of fine determined by the Court in amount of fine as determined by the court in
accordance with the procedure provided in accordance with the procedure provided in sub-
subsection (2) of section 388 of the Code further section (2) of section 388 of the Code of Criminal
proceedings against the accused may be dropped Procedure,1898 (Act V of 1898) further
and no conviction shall be recorded against him. proceedings against the accused may be
(1) A local government, other than a Union Council, (1) With prior approval of Government, the city district
may, with the prior approval of the Government, government and tehsil municipal administration
establish and maintain Municipal Wardens in the may establish and maintain municipal wardens;
prescribed manner.
(2) Government may, not withstanding anything
(2) The Government may, notwithstanding anything contained in the Police Order, 2002, or in any other
contained in the Police Order, 2002, or in any other law, specify the duties which the municipal
law, specify the duties which such force may be wardens may be required to perform.
required to perform.
(b) initiate legal proceedings in the Court; and (b) initiate legal proceedings in court; and
(c) assist in defending legal proceedings initiated (c) assist in defending legal proceedings against
against the local government. the local government.
Subject to this Act, a local government shall constitute a 72. Registers, reports and enforcement Gazette
committee consisting of the Mayor or the Chairman as
its Convener, an officer of the local government and a (1) District government shall specify registers for
member of the local government as its members for maintaining record of cases and forms for monthly
compounding the offences in the prescribed manner. reports regarding enforcement activities.
139. Rights of citizen not affected. (2) The Controlling Authority shall periodically review
enforcement effort, compile reports and publish
Nothing contained in this Chapter shall restrict or limit quarterly District Enforcement Gazette
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.
Save as otherwise provided, election of members of all (1) Save as otherwise provided, election of members
local governments shall be held through secret ballot of village council, neighborhood council, tehsil
on the basis of adult franchise in such manner as may council and district council shall be held on the
be prescribed basis of adult franchise and joint electorate.
(3) Each tehsil or, as the case may be, each district
shall be a single ward for all seats reserved for
women, peasants and workers, youth and non-
muslims allocated to the tehsil or district in the
respective parts of Second Schedule.
Explanation:
20. Executive authority to assist the Election 75. Authority for Local Council Elections
Commission.
(1) Election to the local councils shall be held by the
It shall be the duty of all executive authorities in the Election Commission of Pakistan, hereinafter
Province to assist the Election Commission in the referred to as Election Commission.
discharge of its functions.
(2) The Election Commission may require any person
or authority to perform such functions or, render
such assistance for the purpose of elections,
including preparation of electoral rolls and
disposal of election petitions and other disputes
under this Act as deemed fit.
(1) A person shall be entitled to be enrolled as a voter if (1) A person shall be entitled to be enrolled as a voter if
he he-
(b) is not less than eighteen years of age; and (b) is not less than eighteen years of age; and
(c) fulfils such other conditions as the Election (c) fulfils such other conditions as the Election
Commission may specify. Commission may specify.
(2) The electoral rolls for the local government (2) The electoral rolls for the local council elections
elections shall be prepared or adapted or shall be prepared or adopted by the Election
adopted by the Election Commission in such Commission in the manner it may deem
27. Qualifications and disqualifications for 78. Qualifications for candidates and elected
candidates and elected members. members
(1) A person shall qualify to be elected as a member or (1) A person shall qualify to be elected or to hold an
to hold an elected office of a local government, if elective office or membership of a local council, if
he he-
(b) except the youth member, is not less than (b) is at least twenty one years of age;
twenty five years of age on the last day fixed for
filing the nomination papers; or (c) is enrolled a s a voter in the electoral rolls of the
relevant ward or a council;
(c) is enrolled as a voter in the electoral rolls of the
ward or the local government from which he is (d) is of good character and is not commonly
contesting the election.] known as one who violates Islamic injunctions; has
adequate knowledge of Islamic teachings and
(2) A person shall be disqualified from being elected practices, obligatory duties prescribed by Islam as
or chosen as, and from being, an elected member well as abstains from major sins; provided that
of a local government, if he these qualifications shall not apply to a person who
is a non-muslim, but such a person shall have a
(a) ceases to be citizen of Pakistan or acquires good reputation;
citizenship of a foreign State;
(e) has not been declared by a competent court to
(b) is declared by a competent court to be of be of unsound mind;
unsound mind;
(f) is not in the service of the federal, a provincial or
(c) is an undischarged insolvent; a local government or, any statutory body or a
body which is controlled by any such government
(d) is in the service of Pakistan or of a local or, in which any of such governments has a
government; controlling share or interest, except the holders of
elected public office and part-time officials
(e) is in the service of any statutory body or a body remunerated either by salary or fee; provided that
which is owned or controlled by the Government or in case of a person who has resigned or retired
a Provincial Government or the Federal from such service, a period of not less than six
Government or a local government or, in which any months has elapsed since his retirement;
of such Government or local government has a
controlling share or interest, except the holders of (i) has not been dismissed, removed or
elected public office and part-time officials compulsorily retired from public service on the
remunerated either by salary or fee; provided that grounds of moral turpitude, unless a period of five
in case of a person who has resigned or retired years has elapsed since his dismissal, removal or
from any such service, a period of not less than two compulsory retirement;
years has elapsed since his resignation or
retirement; (ii) does not possess assets which are inconsistent
(i) has been convicted by a court of competent (iv) has not been convicted by a court of
jurisdiction for a term not less than two years for an competent jurisdiction on a charge of corrupt
offence involving moral turpitude or misuse of practice involving moral turpitude or misuse of
power or authority under any law unless a period of power or authority under any law for the time being
five years has elapsed since his release; and in force, unless a period of five years has elapsed
since his released;
(j) has been convicted for an offence involving
activities prejudicial to the ideology, interest, (v) has not been sentenced to imprisonment for
security, unity, solidarity, peace and integrity of more than three months for an offence under any
Pakistan unless a period of five years has elapsed law and, a period of not less than five years has
since his release elapsed since his release; and in case of a member
or a holder of a public office, has not been
(3) If a person sentenced to imprisonment;
(a) is found by the Election Commission to have (vi) has not failed to file the required return of
contravened any provisions of subsections (1) or election expenses or is not convicted for
(2), he shall stand disqualified from being a exceeding the limits of election expenses
candidate for election to any office of a local prescribed under the electoral laws and rules;
government for a period of four years; or
(i) has not been declared an un-discharged
(b) has been elected as a member of a local insolvent by any court;
government and is found by the Election
Commission to have contravened any provision of (ii) does not engage in any transaction involving
subsections (1) or (2), he shall cease forthwith to pecuniary interest with the local government of
be an elected member or to hold the office of such which he is a member;
member and shall stand disqualified from being a
candidate for election to a local government for a (iii) does not absent himself without reasonable
period of four years. cause from three consecutive meetings of the
council of which he is a member; provided that a
(4) A candidate who claims to be a Muslim shall member shall not be disqualified if the absence
submit to the Returning Officer the declaration was necessitated by a national emergency or force
given in Ninth Schedule along with the nomination majeure;
papers.
(iv) does not fail to attend a mandatory training
course as required under this Act;
(2) Whoever-
(1) Subject to the this Act, the term of office of a local First meeting, election of Nazim or Naib- Nazim and
government shall be five years commencing on conduct of business in Local Council.
the date on which it holds its first meeting.
(1) The term of office of a local council shall be four
(2) The first meeting of a local government shall be years commencing on the date on which it holds its
held not later than thirty days from the day on first meeting:
which the names of its members are notified.
Provided that the first meeting shall be held not later
(3) When an elected local government is, for any than fifteen days from the day on which the names
reason, not in office, the Government may appoint of its members are notified.
an administrator to perform the functions of the
local government until the elected local (2) Save as otherwise provided, a local council shall in
government assumes office but such period shall its first meeting and to the exclusion of any other
business elect from its members a Nazim and Naib
(4) Save as otherwise provided, a local government, (3) Government shall notify the assumption of offices
other than a Union Council, shall, in its first meeting by Nazimeen, Naib-Nazimeen and members of the
and to the exclusion of any other business, elect local councils.
the Mayor and Deputy Mayor or Deputy Mayors,
Chairman and Vice Chairman in the prescribed (4) Every local council shall meet at least once in every
manner. month and regulate its business in accordance
with bye-laws made by it:
(1) A member shall, before taking his seat in a local (1) A member, a Nazim and Naib-Nazim shall, before
government other than an Authority, make and taking his seat, make and subscribe to an oath in
subscribe to an oath in such form as may be such form as may be specified.
prescribed.
(2) Every Nazim, Naib-Nazim and member shall, after
(2) The Mayor, Deputy Mayor, Chairman and Vice taking oath of office, declare his assets in the
Chairman, other than the Chairman of an Authority manner prescribed
shall assume office by making and subscribing to
an oath in such form as may be prescribed.
(1) If the office of a Mayor, Deputy Mayor, Chairman or (1) If the office of a member or a Nazim and Naib-
Vice Chairman other than the office of Chairman or Nazim for any reason, falls vacant during the term
Vice Chairman of an Authority, or a member of office of a local council, a new member or a
indirectly elected on a reserved seat, for any Nazim and Naib-Nazim, as the case may be, shall
reason, falls vacant during the term of office of a be elected in the prescribed manner within ninety
local government, the new Mayor, Deputy Mayor, days from the date such vacancy is notified and he
Chairman, Vice Chairman or member shall be shall hold office for the residue of such term.
elected in the prescribed manner within thirty days
from the date when such vacancy is notified and he (2) If the vacancy in the office of member occurs within
shall, subject to this Act, hold office for the four months of the expiry of the term of a local
remaining term of the local government. council, the vacancy shall not be filled.
(1) A Mayor, Deputy Mayor, Chairman, Vice Chairman (1) A member of a local council may resign his office
or a member may resign his office by tendering by tendering resignation in writing to the Nazim of
resignation in writing under his hand to the local a local council of which he is a member.
government of which he is the Mayor, Deputy
Mayor, Chairman, Vice Chairman or a member. (2) A Nazim village council or neighborhood council,
may resign his office by tendering resignation in
(2) The resignation tendered under subsection (1) writing to the Nazim of respective tehsil council.
shall be deemed to have been accepted and
effective forthwith and the local government shall (3) A Nazim, tehsil council or, as the case may be,
forward copies of the resignation to the Election district council, may resign his office by tendering
Commission and the Government resignation in writing addressed to the Chief
Minister.
(1) Where proceedings of disqualification under (1) Where proceedings of disqualification have been
section 27 have been initiated against a member, initiated on an application made by any person or
the Election Commission or any authority by the Election Commission on its own motion
authorised by it may issue a notice to the member against a member, Nazim, or Naib-Nazim, the
to show cause within a specified period as to why Election Commission or any authority authorized
proceedings against him may not be taken for his by it may issue a notice to him to show cause,
removal for breach of any of the provisions of within a specified period as to why proceedings
section 27. against him may not be taken for his removal.
(2) Where the Election Commission or an authority (2) Where the Election Commission or an authority
authorised by it is not satisfied with the reply to the authorized by it is not satisfied with the reply to the
notice referred to in subsection (1) or any reply to notice or any reply to the said notice is not filed
the said notice is not filed within the period fixed by within the specified period, it may order for an
it, it may order for an enquiry in the matter and for enquiry in the matter and for that purpose appoint
that purpose appoint an enquiry officer. an enquiry officer.
(3) On the basis of enquiry held under subsection (2), (3) On the basis of enquiry, the Election Commission
the Election Commission or an authority or an authority authorized by it may order the
authorised by it may order the removal of the removal of a member, Nazim, or, as the case may
member. be, Naib- Nazim:
(1) Subject to this section, a Mayor, Deputy Mayor, A Nazim and Naib-Nazim, shall cease to hold office if a
Chairman or Vice Chairman of a local government, vote of no-confidence is passed against him in the
other than that of an Authority and of a Union prescribed manner by two third majority of the total
Council, shall cease to hold office if a vote of no- number of members of the local council electing him
confidence is passed against him in the prescribed ascertained through open division:
manner by two-third majority of the total number of
members of the local government. Provided that
(2) A motion of no-confidence shall not be moved (a) a motion of no-confidence shall not be moved
before the expiry of one year of his assumption of before the expiry of six months of his assumption
office as the Mayor, Deputy Mayor, Chairman or of office as Nazim and Naib- Nazim; and
Vice Chairman.
(b) where a motion of no-confidence against a Nazim
(3) Where a motion of no-confidence against the and Naib- Nazim has been moved and has failed to
Mayor, Deputy Mayor, Chairman or Vice Chairman secure the requisite majority of votes in its favour at
has been moved and fails for want of the requisite the meeting, no similar motion shall be moved
majority of votes in a meeting, no similar motion against him before the expiry of six months from
shall be moved against him before the expiry of the date such motion was moved.
one year from the date when such motion was
moved.
28. Bar against dual membership. 85. Bar against dual membership
(1) A Mayor, a Deputy Mayor, a Chairman or a Vice A Nazim, Naib- Nazim or member of a local council may
Chairman may contest election for any other contest election for any political office after resigning
political office after resigning from the office of the from his respective existing office before filing of his
Mayor, Deputy Mayor, Chairman or Vice Chairman. nomination papers.
37. Notification of election, resignation and 86.Notification of election, resignation and removal
removal. of Nazim, Naib- Nazim, members, etc
(1) Every election or removal of an elected member Every election, resignation or removal of a Nazim, Naib-
shall be notified by the Election Commission. Nazim, or a member, or the vacation of office by them
shall be notified by the Election Commission.
(2) The Government shall notify
(1) Subject to this Act, an election to an office of a local (1) No election under this Act shall be called in
government shall not be called in question except question, except by an election petition made by a
by an election petition. candidate for the election.
(2) A candidate may, in the prescribed manner, file an (2) For the hearing of an election petition the Election
election petition before the Election Tribunal Commission shall, by notification, appoint an
challenging an election under this Act. officer to be an Election Tribunal for such areas as
may be specified in the notification.
39. Election Tribunal.
(3) Subject to the provisions of this Act, every election
(1) The Election Commission shall, by notification, petition shall be made and tried in such manner as
appoint an Election Tribunal for such local area as may be specified by the Election Commission.
may be specified in the notification.
(4) The Election Tribunal shall have all the powers of a
(2) The Election Commission may transfer an election Civil Court trying a suit under the Code of Civil
petition from one Election Tribunal to another Procedure, 1908 (V of 1908) and shall be deemed
Election Tribunal. to be a Court within the meaning of sections 480
and 482 of the Code of Criminal Procedure, 1898
(3) Subject to the rules, the Election Commission may, (V of 1898
by notification, issue instructions for presentation,
hearing and trial of an election petition.
A person guilty of bribery, personating or undue A person guilty of bribery, personating, or undue
influence shall be punishable with imprisonment for a influence shall be punishable for an offence of corrupt
term which may extend to three years or with fine which practice with imprisonment for a term which may
may extend to one hundred thousand rupees or with extend to three years, or with fine which may extend to
both. one hundred thousand rupees, or with both
A person is guilty of bribery if he, directly or indirectly, A person is guilty of bribery, if he, directly or indirectly,
by himself or by any other person on his behalf by himself or by any other person on his behalf-
(a) receives, agrees or contracts for any gratification (a) receives, agrees or contracts for any gratification
for voting or refrains from voting or refrains from for voting or refraining from voting or for being or
being a candidate at or withdrawing or retiring refraining from being a candidate at, or
from, an election; withdrawing or retiring from, an election;
(b) gives, offers or promises any gratification to any (b) gives, offers or promises any gratification to any
person for purposes of person for the purpose of-
(i) inducing a person to be or to refrain from being a (i) inducing a person to be or to refrain from being a
candidate at an election; or candidate at an election; or
(ii) inducing a voter to vote or refrain from voting at any (ii) inducing a voter to vote or refrain from voting at any
election; or election; or
(iii) inducing a candidate to withdraw or retire from an (iii) inducing a candidate to withdraw or retire from an
election; or election; or
(iv) rewarding a person for having been or for having (iv) rewarding a person for having been or for having
refrained from being a candidate at an election; or refrained from being a candidate at an election; or
(v) rewarding a voter for having voted or refrained (v) rewarding a voter for having voted or refrained
from voting at an election; or from voting at an election; or
(vi) rewarding a candidate for having withdrawn or (vi) rewarding a candidate for having withdrawn or
retried from an election. retired from an election.
Explanation. Explanation.
In this section, gratification includes a gratification in In this section, gratification includes a gratification in
money or estimable in money and all forms of money or estimable in money and all forms of
entertainment or employment for reward. entertainment or employment for reward.
A person is guilty of personating, if he votes or applies A person is guilty of personating, if he votes or applies
for a ballot paper for voting as some other person for a ballot paper for voting as some other person
whether that other person is living, dead or fictitious whether that other person is living or dead or fictitious
(a) in order to compel any person to vote, refrain from (a) in order to compel any person to vote, refrain from
voting, or to induce or compel any person to voting, or to induce or compel any person to
withdraw his candidature at an election, directly or withdraw his candidature at an election, directly or
indirectly, by himself or by any other person on his indirectly, by himself or by any other person on his
behalf: behalf-
(i) makes or threatens to make use of any force, (i) makes or threatens to make use of any force,
violence or restraint; violence or restraint;
(ii) inflicts or threatens to inflict any injury, damage, (ii) inflicts or threatens to inflict any injury, damage,
harm or loss; or harm or loss; or
(iii) uses any official influence or Governmental (iii) uses any official influence or governmental
patronage; or patronage; or
(b) on account of any person having voted or refrained (b) on account of any person having voted or refrained
from voting, or having withdrawn his candidature, from voting, or having withdrawn his candidature,
does any of the acts specified in clause (a); or does any of the acts specified in clause (a); or
(c) by abduction, duress or any fraudulent device or (c) by abduction, duress or any fraudulent device or
contrivance contrivance-
(i) impedes or prevents the free exercise of the (i) impedes or prevents the free exercise of the
franchise by a voter; or franchise by a voter; or
(ii) compels, induces or prevails upon any voter to (ii) compels, induces or prevails upon any voter to
refrain from voting or compels any voter to vote. refrain from voting or compels any voter to vote.
Explanation. Explanation.
In this section, harm includes social ostracism or In this section, harm includes social ostracism or ex-
excommunication or expulsion from any caste or communication or expulsion from any caste or
community. community.
A person is guilty of illegal practice punishable with fine A person is guilty of illegal practice punishable with fine
which may extend to two thousand rupees, if he which may extend to ten thousand rupees, if he-
(a) obtains or procures, or attempts to obtain or (a) obtains or procures, or attempts to obtain or
procure, the assistance of any officer or official of procure, the assistance of any officer or official of
the Federal Government, a Provincial Government the federal government, Government or a local
or a local government or authority to further or government or authority to further or hinder the
hinder the election of a candidate; election of a candidate;
(b) votes or applies for a ballot paper for voting at an (b) votes or applies for a ballot paper for voting at an
election knowing that he is not qualified for voting election knowing that he is not qualified for voting
or is disqualified from voting; or is disqualified from voting;
(c) votes or applies for a ballot paper for voting more (c) votes or applies for a ballot paper for voting more
than once at any polling station; than once at any polling station;(d)removes a
(e) knowingly induces or procures any person to do (e) knowingly induces or procures any person to do
any of the aforesaid acts; any of the aforesaid acts; or
(f) fails to provide statement of election expenses as (f) fails to provide statement of election expenses as
required under this Act; required under this Act;
(g) makes or publishes a false statement (g) makes or publishes a false statement-
(i) concerning the personal character of a candidate (I) concerning the personal character of a candidate
or his relation calculated to adversely affect the or his relation calculated to adversely affect the
election of such candidate or, for purposes of election of such candidate or, for the purpose of
promoting or procuring the election of another promoting or procuring the election of another
candidate, unless he proves that he had candidate, unless he proves that he had
reasonable ground for believing, and did believe, reasonable ground for believing, and did believe,
the statement to be true; the statement to be true;
(ii) relating to the symbol of a candidate whether or (ii) relating to the symbol of a candidate whether or
not such symbol has been allocated to such not such symbol has been allocated to such
candidate; or candidate; or
(iii) regarding the withdrawal of a candidate; (iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a (h) knowingly, in order to support or oppose a
candidate, lets, lends, employs, hires, borrows or candidate, lets, lends, employs, hires, borrows or
uses any vehicle or vessel for purposes of uses any vehicle or vessel for the purpose of
conveying voters to or from the polling station, conveying voters to or from the polling station,
except when a person conveys himself or any except when a person conveys himself or any
member of the household to which he belongs, to member of the household to which he belongs, to
or from the polling station; or or from the polling station; and
(I) causes or attempts to cause any person present (I) causes or attempts to cause any person present
and waiting to vote at the polling station to depart and waiting to vote at the polling station to depart
without voting. without voting.
A person is guilty of an offence punishable with fine A person is guilty of an offence punishable with fine
which may extend to two thousand rupees, if he, on the which may extend to ten thousand rupees, if he, on the
polling day in connection with the election, polling day in connection with the election-
(a) convenes, calls or organises within a ward any (a) convenes, calls or organizes within a ward any
meeting; or meeting; or
(b) within a radius of two hundred meters of the (b) within a radius of two hundred meters of the polling
polling station station-
(ii) solicits vote of any voter; (ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the election or (iii) persuades any voter not to vote at the election or
53. Disorderly conduct near polling station. 94.Disorderly conduct near polling station
A person is guilty of an offence punishable with A person is guilty of an offence punishable with
imprisonment for a term which may extend to three imprisonment for a term which may extend to three
months or with fine which may extend to three months, or with fine which may extend to ten
thousand rupees or with both, if he thousand rupees, or with both, if he-
(a) uses, in such manner as to be audible within the (a) uses, in such manner as to be audible within the
polling station any gramophone, megaphone, polling station any gramophone, megaphone,
loudspeaker or other apparatus for reproducing or loudspeaker or other apparatus for reproducing or
amplifying sounds; or amplifying sounds; or
(b) persistently shouts in such manner as to be (b) persistently shouts in such manner as to be
audible within the polling station; or audible within the polling station; or
(c) does any act which (c) does any act which-
(i) disturbs or causes annoyance to any voter visiting (i) disturbs or causes annoyance to any voter visiting
a polling station for the purpose of voting; or a polling station for the purpose of voting; or
(ii) interferes with the performance of the duty of a (ii) interferes with the performance of the duty of a
presiding officer, polling officer or any other person presiding officer, polling officer or any other person
performing any duty at a polling station; or performing any duty at a polling station; or
(d) abets the doing of any of the aforesaid acts. (d) abets the doing of any of the aforesaid acts
A person is guilty of an offence punishable with A person is guilty of an offence punishable with
imprisonment for a term which may extend to six imprisonment for a term which may extend to six
months or with fine which may extend to twenty months, or with fine which may extend to ten
thousand rupees or with both, if he thousand rupees, or with both, if he:
(a) fraudulently defaces or destroys any nomination (a) fraudulently defaces or destroys any nomination
paper or ballot paper; paper or ballot paper;
(b) fraudulently takes out of the polling station any (b) fraudulently takes out of the polling station any
ballot paper or puts into any ballot box any ballot ballot paper or puts into any ballot box any ballot
paper other than the ballot paper he is authorized paper other than the ballot paper he is authorized
under the rules to put in; under the rules to put in;
(ii) destroys, takes, opens or otherwise interferes with (ii) destroys, takes, opens or otherwise interferes with
any ballot box or packet or ballot papers in use for any ballot box or packet or ballot papers in use for
the purpose of election; or the purpose of election; or
(iii) breaks any seal affixed in accordance with the (iii) breaks any seal affixed in accordance with the
provisions of the rules; or provisions of the rules; or
(d) causes any delay or interruption in the beginning, (iv) causes any delay or interruption in the beginning,
conduct or completion of the procedure required conduct or completion of the procedure required
to be immediately carried out on the close of the to be immediately carried out on the close of the
poll; or poll; or
(e) fraudulently or without due authority attempts to (v) fraudulently or without due authority attempts to
do any of the aforesaid acts. do any of the aforesaid acts.
55. Interference with the secrecy of voting. 96. Interference with secrecy of voting
A person is guilty of an offence punishable with A person is guilty of an offence punishable with
imprisonment which may extend to six months or imprisonment which may extend to six months, or
with fine which may extend to twenty thousand with fine which may extend to ten thousand
rupees or with both, if he rupees, or with both, if he:
(a) interferes or attempts to interfere with a voter when (a) interferes or attempts to interfere with a voter when
he records his vote; he records his vote;
(b) in any manner obtains or attempts to obtain, in a (b) in any manner obtains or attempts to obtain, in a
polling station, information as to the candidate for polling station, information as to the candidate for
whom a voter in that station is about to vote or has whom a voter in that station is about to vote or has
voted; or voted; or
communicates at any time any information communicates at any time any information
obtained in a polling station about the candidate obtained in a polling station as to the candidate for
for whom a voter in that station is about to vote or whom a voter in that station is about to vote or has
has voted. voted.
Any candidate or polling agent attending a polling Any candidate or polling agent attending a polling
station, or any person attending the counting of votes, station, or any person attending the counting of votes,
is guilty of an offence punishable with imprisonment is guilty of an offence punishable with imprisonment
which may extend to six months or with fine which may which may extend to six months, or with fine which may
extend to twenty thousand rupees or with both, if he extend to ten thousand rupees, or with both, if he-
(a) fails to maintain or aid in maintaining the secrecy of (a) fails to maintain or aid in maintaining the secrecy of
voting; or voting; or
(b) communicates any information obtained at the (b) communicates any information obtained at the
counting of votes as to the candidate for whom any counting of votes as to the candidate for whom any
vote is given by any particular ballot paper. vote is given by any particular ballot paper
A presiding officer, polling officer or any other officer or A presiding officer, polling officer or any other officer or
official performing duty in connection with an election, official performing a duty in connection with an
or any member of a police force, is guilty of an offence election, or any member of a police force, is guilty of
punishable with imprisonment for a term which may an offence punishable with imprisonment for a term
extend to six months or with fine which may extend to which may extend to six months, or with fine which may
twenty thousand rupees or with both, if he, during the extend to twenty thousand rupees, or with both, if he,
conduct or management of an election or maintenance during the conduct or management of an election or
of order at the polling station maintenance of order at the polling station:
(a) persuades any person to give his vote; (a) persuades any person to give his vote;
(b) dissuades any person from giving his vote; (b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person; (c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder (d) does any other act calculated to further or hinder
the election of a candidate; the election of a candidate;
(e) fails to maintain or aid in maintaining the secrecy of (e) fails to maintain or aid in maintaining the secrecy of
voting; voting;
(f) communicates, except for any purpose authorised (f) communicates, except for any purpose authorised
by any law, to any person before the poll is closed by any law, to any person before the poll is closed
any information as to the name or number on the any information as to the name or number on the
electoral roll of any voter who has or has not electoral roll of any voter who has or has not
applied for a ballot paper, or has or has not voted at applied for a ballot paper, or has or has not voted at
a polling station; or a polling station; and
(g) communicates any information obtained at the (g) communicates any information obtained at the
counting of votes as to the candidate for whom any counting of votes as to the candidate for whom any
vote is given by any particular ballot paper. vote is given by any particular ballot paper.
58. Breach of official duty in connection with 99.Breach of official duty in connection with
election. election
A Returning Officer, Assistant Returning Officer, A presiding officer, assistant presiding officer, or any
Presiding Officer, Assistant Presiding Officer, or any other person employed by any such officer in
other person employed by any such officer in connection with his official duties imposed by or under
connection with his official duties imposed by or under this Act is guilty of an offence punishable with
this Act is guilty of an offence punishable with imprisonment for a term which may extend to two
imprisonment for a term which may extend to two years years, or with fine which may extend to fifty thousand
or with fine which may extend to fifty thousand rupees rupees, or with both, if he, willfully and without
or with both, if he, willfully and without reasonable reasonable cause, commits breach of any such official
cause, commits breach of any such official duty, by act duty, by act or omission.
or omission.
A person in the service of the Government, a Provincial A person in the service of Government, the federal
Government, the Federal Government or a local government, a local government, or a body owned or
government or a body owned or controlled by such a controlled by the Government, federal government or a
Government or a local government is guilty of an local government is guilty of an offence punishable with
offence punishable with imprisonment for a term which imprisonment for a term which may extend to six
may extend to six months or with fine which may extend months, or with fine which may extend to twenty
to twenty thousand rupees, or with both if he, in any thousand rupees, or with both if he, in any manner,
manner, gives any assistance to further or hinder the gives any assistance calculated to further or hinder the
election of a candidate. election of a candidate.
All offences under this Chapter except the offence All offences under this Chapter except the offence of
under section 47 shall be tried summarily under the corrupt practice shall be tried summarily under the
provisions of the Code. provisions of the Code of Criminal Procedure 1898 (Act
V of 1898).
A Court shall not take cognizance of an offence under No court shall take cognizance of the offences relating
section 58 or section 59 except on a complaint in writing to conduct of officials and breach of official duty except
of the Election Commission or the Returning Officer. on the complaint in writing of the Returning Officer
concerned
63. Prosecution of offences under this Chapter. 103. Prosecution of offences under this Chapter
(1) Subject to section 61, a Court shall not take Save as otherwise provided no court shall take
cognizance of an offence under this Chapter cognizance of an offence under this chapter except
except on a complaint in writing made by order or upon a complaint in writing made by order or, or under
under authority of the Election Commission. authority from, the Election Commission
(1) On coming into force of this Act, any office, (1) On coming into force of this Act, any office,
authority or a local government established under authority or municipal body set up or controlled by
the Punjab Local Government Ordinance, 2001 Government shall continue providing services
(XIII of 2001) shall continue providing services without any interruption during the devolution
without any interruption until a local government is process or its entrustment to any local government
established under this Act for the local area. under this Act.
(2) All functionaries of a local government established (2) All functionaries of district councils, municipal
under the Punjab Local Government ordinance, corporation, municipal committees and union
2001 (XIII of 2001) shall continue to perform their councils set up under the Khyber Pakhtunkhwa
respective duties and responsibilities with the Local Government Act, 2012 (Khyber
successor local government under this Act, until Pakhtunkhwa Act No. VIII of 2012), shall continue
transferred to any other local government. to perform their respective duties and
responsibilities with the successor local
(3) The Government shall appropriately re-organize government under this Act, until transferred to any
the authorities, agencies and bodies of the local other local government
governments established under the Punjab Local
Government Ordinance, 2001 (XIII of 2001) and
decentralize such authorities, agencies and
bodies to the local governments established under
this Act.
(1) All taxes, cesses, fees, rates, rents, tolls or charges (1) All taxes and rents which were being charged,
which were being charged, levied and collected by levied and collected by any office of Government,
any office of a local government under the Punjab development authority, agency or any local
Local Government Ordinance, 2001 (XIII of 2001) council, shall continue to be charged, levied and
shall continue to be charged, levied and collected collected under this Act by the successor local
under this Act by the successor local government governments and every person liable to pay such
and every person liable to pay such a tax, cess, fee, taxes and rents and accumulated arrears and
(1) Subject to any reasonable restrictions imposed Every district government, tehsil municipal
through rules, a person may seek any information administration, village council and neighborhood
in possession of a local government. council shall set up a complaint cell for redressal of
grievances within the ambit of their responsibilities
(2) Every designated functionary of a local under this Act.
(3) Where a local government assumes the office All actions required for giving effect to the provisions of
under this Act for the first time this Act and transition to the local government system
set up there under shall be completed within one year
(a) the Government shall transfer grants to the of the commencement of this Act.
local government on the basis of an interim Punjab
Finance Commission Award announced by an
interim committee constituted by the Government;
and
143.Appeals.
145. Bye-laws.
Every member and every servant of a local (1) Government may, by notification in the official
government, and every other person duly empowered Gazette, make rules for carrying out the purposes
to act on behalf of a local government, shall be deemed of this Act.
to be a public servant within the meaning of section 21
of the Pakistan Penal Code, 1860 (XLV of 1860). (2) In particular and without prejudice to the generality
of the fore-going power, such rules may provide for
147. Action taken in good faith. all or any of the matters specified in Part I of
Seventh Schedule.
No suit, prosecution, or other legal proceedings shall
lie against any public servant serving in a local (3) The rules made under sub-section (1) shall be
government for anything done in good faith under this subject to previous publication in the official
Act. Gazette and shall meet the following
considerations:-
148. General powers of local governments.
(a) consistency with the provisions of this Act,
Notwithstanding any specific provision of this Act, a democratic decentralization and subsidiarity;
local government shall perform its functions conferred
by or under this Act and exercise such powers and (b) enhancement of welfare of the people;
follow such procedures as are enumerated in Eighth
Schedule (c) fairness and clarity; and
113.Bye-laws.
Explanation:
121. Succession.
The Mayor, Chairman, Deputy Mayor, Vice Chairman or Where this Act makes any provision for anything to be
a member of a local government shall not be employed done but no provision or no sufficient provision has
under such local government for a period of one year been made as respects the authority by whom, or the
from the date on which he ceases to be the Mayor, manner in which it shall be done, then it shall be done
Chairman, Deputy Mayor, Vice Chairman or member. by such authority and in such manner as may be
specified.