Tmo Preparation Document

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CHAPTER 1. M.ISHFAQ
THE KHYBER PAKHTUNKHWA RIGHT TO INFORMATION ACT, 2013.
(KHYBER PAKHTUNKHWA ACT NO. XXVII OF 2013)
CONTENTS
PREAMBLE
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Right to information.
4. Maintenance and indexing of records.
5. Publication and availability of records.
6. Designation of official.
7. Request for information.
8. Assistance to requesters.
9. Where information is not held.
10. Procedure for disposal of requests.
11. Time line for responding.
12. Form for providing information.
13. Fees for requests.

2
14. Exempt information.
15. International relations and security.
16. Disclosure harmful to law enforcement.
17. Public economic affairs.
18. Policy making.
19. Privacy.
20. Legal privilege.
21. Commercial and confidential information.
22. Third parties.
23. Complaints.
24. Information Commission.
25. Functions of the Information Commission.
26. Powers of the Information Commission.
27. Funding for the Information Commission.
28. Offence.
29. Indemnity.
30. Whistleblowers.
31. Power to remove difficulties.
32. Power to make rules.
33. Repeal.
THE KHYBER PAKHTUNKHWA RIGHT TO INFORMATION ACT, 2013.
(KHYBER PAKHTUNKHWA ACT NO. XXVII OF 2013)
[First published after having received the assent of the Governor of
the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa

3
(Extraordinary),dated the 5th November,2013].
AN
ACT
to provide for ensuring transparency and access to
information in the Province of the Khyber Pakhtunkhwa.
WHEREAS Article 19A of the Constitution of the Islamic Republic of Pakistan

provides that every citizen shall have the right to access to information in all
matters of public importance, subject to regulation and reasonable restrictions
imposed by law;
AND WHEREAS transparency of information is vital to the functioning of

democracy and also to improve governance, reduce corruption, and to hold
Government, autonomous and statutory organizations and other organizations
and institutions run on Government or foreign funding, more accountable to its
citizens and for matters connected therewith and incidental thereto;
AND WHEREAS it is essential that citizens shall have right to information to

participate meaningfully in a democratic process and further to improve their
involvement and contribution in public affairs;
It is hereby enacted as follows:
1. Short title, extent and commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa Right to Information Act, 2013.
(2) It extends to the whole of the Province of the Khyber Pakhtunkhwa.
(3) It shall come into force at once.
2. Definitions.---In this Act, unless there is anything repugnant in the subject or

context,-
(a) “complaint” means any allegation in writing made by or on behalf of a

requester that his request for information has not been dealt with by a public
4
body in accordance with the rules and procedures set out in this Act, including
where he has been wrongfully denied access to all or part of that record;
(b) “1[Public Information Officer]” means an officer of a public body designated

under section 6 of this Act; (c) “employee or official” in relation to a public body
means a person employed in a public body whether permanently or temporarily
and includes consultants; (d) “Government” means the Government of the Khyber
Pakhtunkhwa; (e) “information” means material which communicates meaning
and which is held in recorded form; (f) “Information Commission” means the
Khyber Pakhtunkhwa Information Commission established under section 24 of
this Act; (g) “prescribed” means prescribed by rules made under this Act; (h)
“Province” means the Province of the Khyber Pakhtunkhwa; (i) “Public body”
means: (i) any department or attached department of the Government; (ii)
Secretariats of Chief Minister and Governor of the Khyber Pakhtunkhwa;
1Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015 2Deleted vide
Khyber Pakhtunkhwa Act No. XXIV of 2015 and then revived through Khyber
Pakhtunkhwa Act No. XXXV of 2015
2[(iii) Secretariat of the Provincial Assembly, Khyber Pakhtunkhwa alongwith the

Members of the Assembly and the Assembly itself;] (iv) any Office, Board,
Commission, Council or any other Body established by, or under, any law; (v)
subordinate judiciary i.e. Courts of District and Sessions Judges, Courts of
Additional District and Sessions Judges, Courts of Senior Civil Judges, Courts of
Civil Judges and Courts of Magistrates; (vi) Tribunals;
(vii) anybody which is owned, controlled or substantially funded by one of the

above, including enterprises owned by the Province; and
(viii) any other body which undertakes a public functions;
(j) “record” means information which is recorded in any form;
(k) “request for information” shall include a request for information and a request
for a specific record;
(l) “requester” means any citizen, who has made a request for information under
this Act; and
5
(m) “third party” means a person other than the person making a request for
information or a record.
3. Right to information.---(1) Every citizen shall subject to the provisions of this

Act and any rules made under it, have the right to access any information or
record held by a public body.
(2) Notwithstanding anything contained in any other law for the time being in
force, and subject to the provisions of this Act, no requester shall be denied
access to any information or record.
(3) This Act shall be interpreted so as,-
(a) to advance the purposes of this Act; and
(b) to facilitate and encourage, promptly and at the lowest reasonable cost, the
disclosure of information.
4. Maintenance and indexing of records.---Subject to the provisions of this Act

and in accordance with the rules as may be prescribed, each public body shall
ensure that all of the records which it holds are properly maintained, including so
as to enable it to comply with its obligations under this Act, and in accordance
with any relevant rules or standards established by the Information Commission.
5. Publication and availability of records.---(1) The following categories of

information shall be duly published by public bodies in an up-to-date fashion and
in a manner which best ensures that they are accessible to those for whom they
may be relevant, including over the Internet, subject to reasonable restrictions
based on limited resources:
(a) Acts and subordinate legislation such as rules, regulations, notifications, bye-
laws, manuals and orders having the force of law in the Province, including being
made available at a reasonable price at an adequate number of outlets to ensure
reasonable access by the public; (b) information about the public body, including
its organization, functions, duties, powers and any services it provides to the
public; (c) a directory of its officers and employees, including a description of their
powers and functions and their respective remunerations, perks and privileges;
(d) norms and criteria set by the public body for the discharge of its functions,
including any rules, manuals or policies used by its employees to this end; (e) a
description of its decision making processes and any opportunities for the public
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to provide input into or be consulted about decisions; (f) relevant facts and
background information relating to important policies and decisions which are
being formulated or have been made and which affect the public; (g) a detailed
budge of the public body, including proposed and actual expenditures; (h) details
about any subsidy or benefit programmes operated by the public body, including
details about the amount or benefits provided and the beneficiaries; (i) particulars
of the recipients of concessions, permits, licences or authorizations granted by the
public body; (j) the categories of information held by the public body;
(k) a description of the manner in which requests for information may be made to
the public body, including the name, title and contact details of all 3[Public
Information Officers]; and (l) such other information as may be prescribed.
3Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015
(2) Public body shall also publish an annual report on what they have done to
implement their obligations under this Act, which shall include detailed
information about the requests for information which they have received, and
how they have processed these requests. (3) The annual report under sub-section
(2) shall be formally forwarded to Speaker Provincial Assembly of Khyber
Pakhtunkhwa and to the Information Commission, who shall take such action on
the report as they may deem appropriate.
6. Designation of official.---(1) On commencement of this Act, a public body shall

within a period of one hundred and twenty (120) days, designate and notify an
officer to act as 4[Public Information Officer] for the purposes of this Act, with
whom request for information under this Act may be lodged.
4Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015 5Substituted vide
Khyber Pakhtunkhwa Act No. XXIV of 2015 6Substituted vide Khyber Pakhtunkhwa
Act No. XXIV of 2015 7Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015
(2) In case no such official has been designated or in the event of the absence or
non availability of the 5[Public Information Officer], the person in charge of the
public body shall be the 6[Public Information Officer].
(3) The 7[Public Information Officer] shall be responsible for ensuring that
requests for information are dealt with in accordance with this Act and generally
7
for promoting full compliance by the public body with its obligations under this
Act.
7. Request for information.---(1) Subject to the provisions of this Act, every

citizen may lodge a request for information with a public body through the
8[Public Information Officer.] (2) A request for information shall be made in
writing and lodged in any manner in which the public body has the facilities to
receive it, including in persons, by mail, by fax or by e-mail. (3) Any written
request for information which identifies the information or record sought in
sufficient detail to enable the public body to locate it, and which includes an
address for delivery of the information or record, shall be treated as a request for
information. (4) Subject to sub-section (3), a public body may provide an optional
form for making requests for information, with a view to assisting requesters to
make request. (5) In no case shall a requester be required to provide reasons for
his request.
(6) Where a request for information is received by a public body, the requester
shall be provided with a receipt acknowledging the request, including the date
and name of the official responsible for processing it.
8. Assistance to requesters.---(1) A 9[Public Information Officer] shall take all

reasonable steps to assist any requester who needs such assistance.
Khyber Pakhtunkhwa Act No. XXIV of 2015 11Substituted vide Khyber
Pakhtunkhwa Act No. XXIV of 2015 12Substituted vide Khyber Pakhtunkhwa Act
No. XXIV of 2015
(2) In particular, a 10[Public Information Officer] shall assist any requester who is
having problems describing the information sought in sufficient detail to enable
the public body to locate that information, or who needs held due to disability.
(3) Where a requester is unable to provide a written request, a 11[Public

Information Officer] shall reduce the request to writing, and provide the requester
with a signed, date copy of it. 9. Where information is not held.---(1) Where a
public body does not hold information or records which are responsive to a
request, and it is aware of another public body which does hold the information, it
shall forward the request to that public body, and it shall inform the requester of
this. (2) Where a public body does not hold information or records which are
8
responsive to a request, and it is not aware of any other public body which does,
it shall return the request to the requester, informing him of this.
10. Procedure for disposal of requests.---(1) A 12[Public Information Officer] shall

provide a written notice in response to a request for information. (2) The notice
shall indicate that: (a) the request has been accepted and the requester is entitled
to receive the information or record, subject to the payment of any applicable
fee; or (b) the request has been rejected on the basis that it does not comply with
the rules relating to such requests, but only after assistance has been offered to
the requester in accordance with section 8; or
(c) the request has been rejected on the basis that the information is already
available in published form, including in the official
Gazette or in another generally accessible form, such as a book, in which case the
notice shall direct the requester to the place where the information may be
found; or (d) the request has been rejected on the basis that it is vexatious,
including because it relates to information which is substantially the same as
information that has already been provided to the same requester; or (e) the
request has been rejected, in whole or in part, on the basis that the information is
exempt, in which case the notice shall specify the exact exception relied upon and
include details regarding the right of the requester to appeal against this decision.
(3) Where information or a record is provided in accordance with clause (a) of

sub-section 2, it shall be accompanied by a certificate, which may be affixed to the
information or record at the foot thereof, as appropriate, to the effect that the
information is correct or, as the case may be, the copy is a true copy of such
public record, and such certificate shall be dated and signed by the 13[Public
Information Officer.] 11. Time line for responding.---(1) Subject to the provisions
of this Act, a public body shall be required to respond to a request for information
in accordance with section 7 as soon as possible and in any case within ten
working days of the receipt of request. (2) The period stipulated in sub-section (1),
may be extended by a maximum of a further ten working days where this is
necessary because the request requires a search through a large number of
records or records located in different offices, or consultation with third parties or
other public bodies. (3) Information needed to protect the life or liberty of any
individual will be provided within two working days. 12. Form for providing
information.---Where an applicant has indicated a preferred means for accessing
9
information, such as a physical copy (attested), an electronic copy or an

opportunity to inspect certain records, the public body shall provide access in that
form unless to do so would unreasonably interfere with its operations or harm the
document. 13. Fees for requests.---(1) It shall be free to lodge requests for
information.
(2) Fees may be charged for the actual costs of reproducing information and
sending it to the requester, in accordance with any schedule of fees which may be
adopted by the Information Commission.
(3) No fee shall be charged for the first twenty pages of information provided, or
where the requester is below the poverty line.
14. Exempt information.---A public body shall not be required to disclose

information which falls within the scope of the exceptions provided for in sections
15 to 21 of this Act, provided that:
(a) exceptions in other laws (secrecy provisions) may not extend the scope of the
exceptions in this Act, although they may elaborate on an exception that is
provided for in this Act;
(b) the fact that information has been classified is irrelevant to the question of
whether or not it falls within the scope of the exceptions provided for in this Act,
which must always be accessed directly, at the time of a request, based on clear
and objective considerations;
(c) where only part of a record or the information falls within the scope of the
exceptions provided for in this Act, that part shall be severed and the rest of the
record or information shall be provided to the requester;
(d) even where information falls within the scope of an exception provided for in
this Act, the information shall still be provided to the requester where, on
balance, the overall public interest favours disclosure of the information;
(e) for the purposes of clause (d), there shall be a strong presumption in favour of
the disclosure of information that exposes corruption, criminal wrongdoing, other
serious breaches of the law, human rights abuse, or serious harm to public safety
or the environment; and
10
(f) the exceptions set out in sections 15 to 18 of this Act, shall cease to apply after
a period of twenty years, provided that this may be extended, in exceptional
cases, for up to a maximum of another fifteen years, with the approval of the
Information Commission.
15. International relations and security.---A public body may refuse a request for
information the disclosure of which would be likely to cause grave and significant
harm to international relations or national security.
16. Disclosure harmful to law enforcement.---A public body may refuse a request
for information the disclosure of which would be likely to:
(a) result in the commission of an offence;
(b) harm detection, prevention, investigation, inquiry or prosecution in relation to

an offence, or the apprehension of an offender;
(c) reveal the identity of a confidential source of information in relation to an

investigation;
(d) facilitate an escape from legal custody; or
(e) harm the security of any property or system, including a building, a vehicle, a
computer system or a communication system.
17. Public economic affairs.---A public body may refuse a request for information
the disclosure of which would be likely to:
(a) cause grave and significant damage to the economy as a result of the
premature disclosure of the proposed introduction, abolition or variation of any
tax, duty, interest rate, exchange rate or any other instrument of economic
management; or
(b) cause significant damage to the legitimate financial interests of the public
body, including by giving an unreasonable advantage to any person in relation to a
contract which that person is seeking to enter into with the public body or by
revealing information to a competitor of the public body.
18. Policy making.---A public body may refuse a request for information the
disclosure of which would be likely to cause serious prejudice to the deliberative
process in a public body by inhibiting the free and frank provision of advice or
11
exchange of views, or cause serious prejudice to the success of a policy through

premature disclosure of that policy.
19. Privacy.---(1) A public body may refuse a request for information the
disclosure of which would encroach on the privacy of an identifiable third party
individual, other than the requester, including an individual who has been
deceased for less than twenty years.
(2) The exception in sub-section (1) shall not apply where:
(a) the third party has effectively consented to the disclosure of the information;
(b) the person making the request is the guardian of the third party, or the next of
kin or the executor of the will of a deceased third party; or
(c) the third party is or was an official of a public body and the information relates
to his function as a public official.
20. Legal privilege.---A public body may refuse a request for information which is
privileged from production in legal proceedings, unless the person entitled to the
privilege has waived it.
21. Commercial and confidential information.---A public body may refuse a

request for information if the information:
(a) was obtained from a third party and to communicate it would constitute an
actionable breach of confidence; and
(b) was obtained in confidence from a third party and it contains a trade secret or
to communicate it would be likely to seriously prejudice the commercial or
financial interests of that third party.
22. Third parties.---(1) Where a request for information relates to information or

a record provided on a confidential basis by a third party, the public body shall
endeavour to contact that third party with a view to obtaining either his consent
to disclosure of the information or record or his objections to disclosure.
(2) Where a third party objects to disclosure, his objections shall be taken into
account, but the decision as to whether or not the information falls within the
12
scope of the exceptions in this Act shall be assessed by the public body on the
basis of objective considerations.
23. Complaints.---(1) Anyone who believes that his request has not been dealt
with in accordance with the provisions of this Act has the right to lodge a
complaint with the Information Commission to this effect.
(2) Complaints under sub-section (1) shall be free of charge.
(3) The Information Commission shall decide any complaint within a period of
sixty (60) days. (4) In an appeal, the public body shall bear the burden of proof of
showing that it acted in accordance with the provisions of this Act. 24.
Information Commission.---(1) On the commencement of this Act, Government
shall within a period of one hundred and twenty (120) days, establish a
Information Commission to be known as the Khyber Pakhtunkhwa Information
Commission. (2) The Information Commission shall be an independent statutory
body, which shall enjoy operational and administrative autonomy from any other
person or entity, including the Government and any of its agencies, except as
specifically provided for by law. (3) The Information Commission shall be headed
by the Chief Information Commissioner, who shall be a retired Senior Government
Servant not below the rank of BPS-20 and shall be appointed by Government.
(4) The Information Commission shall comprise of 14[two] other Members to be

known as Commissioners, who shall be appointed in the following manner: (a)
one Advocate of High Court or Supreme Court, who is qualified to be a Judge of
High Court; and (b) A person from civil society having experience of not less than
fifteen years in the field of mass communication, academic or right to
information. (5) The Chief Information Commissioner and the Commissioners shall
hold office for a term of three years from the date on which they assume office
and shall not be eligible for re-appointment. (6) Notwithstanding anything
contained in sub-section (5), the Chief Information Commissioner and
Commissioners shall not hold office after they have attained the age of sixty-five
(65) years. (7) A Commissioner may not hold any other public office, or be
connected with any political party or be running any business or pursuing any
profession at the time of or during their appointment to the Information
Commission.

13
(8) A Commissioner may be removed by a positive vote of not less than two of the
other Commissioners on grounds of failure to attend three consecutive meetings
of the Information Commission without cause, inability to perform the duties of a
Commissioner, falling foul of the conditions for being a Commissioner as set out in
sub-section (6), or conduct which is materially inconsistent with the status of
being a Commissioner, provided that a Commissioner who has been removed
pursuant to this sub-section shall have the right to appeal that removal before the
courts.
25. Functions of the Information Commission.---(1) The Information Commission

shall have a primary responsibility to receive and decide on complaints.
(2) The Information Commission shall, in addition to its complaints function,

conduct the following activities:
(a) set rules and minimum standards regarding the manner in which public bodies
are required to manage their records, in accordance with section 4 of this Act;
(b) designate further categories of information which may be subject to proactive

disclosure, in accordance with sub-section (l) of section 5 of this Act;
(c) adopt a schedule of the fees that public bodies may charge for providing
information to requesters, in accordance with sub-section (2) of section 13 of this
Act;
(d) approve or reject extensions to the maximum period that information may be
kept confidential, in accordance with clause (f) of section 14 of this Act;
(e) compile a user-friendly handbook, in Urdu and English, describing in easily

comprehensible form the rights established by, and how to make a request for
information under, this Act;
(f) refer to the appropriate authorities cases which reasonably disclose evidence
of criminal offences under this Act;
(g) compile a comprehensive annual report both describing its own activities,
including an overview of its audited accounts, and providing an overview of the
activities undertaken by all public bodies to implement this Act, taking into
account the
14
information provided by individual public bodies pursuant to sub-section (2) of

section 5 of this Act; and (h) have an accredited accountant conduct an audit of its
accounts on an annual basis, and provide a copy of its audited accounts to the
Provincial Assembly and the Department of Finance. (3) The Information
Commission shall have the power to: (a) monitor and report on the compliance by
public bodies with their obligations under this Act; (b) make recommendations to
Government for reform both of a general nature and in relation to specific public
bodies; (c) make formal comments on any legislative or other legal proposals
which affect the right to information; (d) co-operate with or undertake training
activities for public officials on the right to information and the effective
implementation of this Act; and (e) publicize the requirements of this Act and the
rights of individuals under it.
15[(4) While deciding a complaint, the Information Commission shall consist of at

least two members or one member and the Chief Information Commissioner and
the decision of the Commission shall not be invalid on the ground of existence of
any vacancy.] 26. Powers of the Information Commission.---(1) The Information
Commission shall have all powers, direct or incidental, as are necessary to
undertake its functions as provided for in this Act, including full legal personality,
and the power to acquire, hold and dispose of property. (2) The Information
Commission shall also have the power to conduct inquiries, in relation to either a
complaint or other matters connected with the proper implementation of this
Act, and when conducting such an inquiry, the Information Commission shall have
the powers of a Civil Court under Code of Civil Procedure (CPC) 1908 in respect of
the following matters: (a) summoning and enforcing the attendance of witnesses
and compelling them to give oral or written evidence under oath;
15Added vide Khyber Pakhtunkhwa Act No. XXIV of 2015
(b) requiring public bodies and to produce documents or things; (c) inspect the
premises of public bodies; and (d) examining and inspecting information. (3)
When deciding a complaint, the Information Commission shall have the following
powers: (a) to order a public body to disclose information to a requester or to
take such other reasonable measures as it may deem necessary to compensate a
requesters for any failure to respect the provisions of this Act; (b) to impose a
daily fine of up to Rs. 250 per day, up to a maximum of Rs. 25,000, on any official
who has acted wilfully to obstruct any activity which is required to be undertaken
15
by this Act, including with a view to preventing or delaying the disclosure of

information to a requester; and
(c) to require a public body to take such general measures as may be required to
address systematic failures to respect the provisions of this Act, including by
appointing a 16[Public Information Officer], by conducting training for its
employees, by improving its record management, by publishing information on a
proactive basis and/or by preparing and publishing an annual report.
Khyber Pakhtunkhwa Act No. XXIV of 2015
(4) A decision of the Information Commission under sub-section (3) shall, if it has
not been appealed against within 30 days, be registered with the 17[Court of the
District and Sessions Judge of the concerned district] and any failure to respect
the decision shall be dealt with in the same way as any contempt of court. 27.
Funding for the Information Commission.---(1) Government shall make such a
budgetary allocation to the Information Commission as it may require to
discharge its responsibilities effectively, including by establishing a secretariat and
hiring the requisite staff to enable it to conduct its business properly, and shall
provide the funds indicated through a reasonable schedule of payments
throughout the year. (2) For purposes of implementing sub-section (1), the
Information Commission shall present a budget proposal to Government.
(3) The Chief Information Commissioner and Commissioners shall be entitled to

such remuneration and allowances as the Government may determine. 28.
Offence.---(1) It is a criminal offence willfully to: (a) obstruct access to any record
with a view to preventing the exercise of a right provided for in this Act; (b)
obstruct the performance by a public body of a duty under this Act; (c) interfere
with the work of the Information Commission; or (d) destroy a record without
lawful authority. (e) use the information obtained for malafide purposes with
ulterior motives with facile, frivolous design. (2) Anyone who commits an offence
under sub-section (1), shall be liable to a fine not exceeding rupees five thousand
(5000) or imprisonment for a period not exceeding two years.
18[(3) All the offences mentioned in sub-section (1), shall be bailable, non-
cognizable and triable by the District and Sessions Judge of the concerned district,
on the complaint file by the Information Commission.] 29. Indemnity.---No one
16
may be subject to any legal, administrative or Employment-related sanction for

anything which is done in good faith or intended to be done in pursuance of this
Act or any rules made there under. 30. Whistleblowers.---(1) No one may be
subject to any legal, administrative or employment-related sanction, regardless of
any breach of a legal or employment obligation, for releasing information on
wrongdoing, or which would disclose a serious threat to health, safety or the
environment, as long as they acted in good faith and in the reasonable belief that
the information was substantially true and disclosed evidence of wrongdoing or a
serious threat to health, safety or the environment. (2) For purposes of sub-
section (1), wrongdoing includes the commission of a criminal offence, failure to
comply with a legal obligation, a miscarriage of justice, corruption or dishonesty,
or serious maladministration regarding a public body.
18Added vide Khyber Pakhtunkhwa Act No. XXIV of 2015
31. Power to remove difficulties.---If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act as appear to it to
be necessary or expedient for removing the difficulty.
32. Power to make rules.---Government in consultation with the Information

Commission may, by notification in the official Gazette, make rules for carrying
out the purposes of this Act.
33. Repeal.---The Khyber Pakhtunkhwa Right to Information Ordinance, 2013

(Khyber Pakhtunkhwa Ordinance No. VII of 2013) is hereby repealed.
17
CHAPTER 2
Pakhtunkhwa Right to Public Services
Act, 2014.
INTRODUCTION
to provide for delivery of public services to the people of the
Province of the Khyber Pakhtunkhwa within the stipulated time limit,
including liabilities of Government servants in case of default,
administrative efficiency and for the matters connected
therewith and incidental thereto.

18
WHEREAS it is expedient to provide for delivery of public services to the people of

the
Province of the Khyber Pakhtunkhwa within the stipulated time limit, including
liabilities of
Government servants in case of default, administrative efficiency and for the

matters connected
therewith and incidental thereto;
CHAPTER - I
Preliminary
1. Short title, extent and commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa Right to Public Services Act, 2014.
(2) It extends to the whole of the Province of the Khyber Pakhtunkhwa.
(3) It shall come into force on such date as the Government may, by notification in
the
official Gazette, appoint and different dates may be appointed for different
provisions of this Act. 2. Definitions.---In this Act, unless the context otherwise
requires,-
(a) “Appellate Authority” means the concerned administrative Secretary of
the Department or such other person or authority, as may be specified by
Government through notification;
(b) “Authority” means,-
(i) any Department or Attached Department of Government and
subordinate offices thereof;
(ii) any Office, Board, Commission, Council or any other Body
established by or under, any law in force in the Province;

19
(iii) all institutions, established or constituted under the Khyber
Pakhtunkhwa Local Government Act, 2013 (Khyber Pakhtunkhwa
Act No. XXVIII of 2013);
(iv) subordinate courts and Tribunals;
(v) anybody which is owned, controlled or substantially funded by
Government, including enterprises owned by the Province by
whatever name called, required to render any services of public
utility in the Province or to control, manage or regulate public
services within a specified local area; and
(vi) any other body which undertakes public services;
(c) “Commission” means the Khyber Pakhtunkhwa Right to Public Services
Commission, constituted under section 16 of this Act;
(d) “Department” means a Department of Government, established under the
Khyber Pakhtunkhwa Government Rules of Business, 1985;
(e) “designated officer” means an officer designated undersection 4;
(f) “e-governance” means the use by Government of web-based
Internet applications together with other information
technologies, combined with processes that implement these
technologies, to—
(i) enhance the access to and delivery of Government
information and services to the public, other agencies,
and other Government entities; or
(ii) bring about improvements in Government operations that
may include effectiveness, efficiency, service quality, or

20
transformation.
(g) “eligible person” means a citizen of Pakistan having any accrued right to
public service in the Province and shall include corporations, companies,
firms, businesses and organizations working in the Province;
(h) “Government” means the Government of the Khyber Pakhtunkhwa;
(i) “prescribed” means prescribed by rules and regulations, made under this
Act;
(j) “Province” means the Province of the Khyber Pakhtunkhwa;
(k) “public service” mean any service or services notified by Government,
under section 4;
(l) “regulations” mean regulations made under this Act;
(m) “rules” mean rules made under this Act; and
(n) “specified time limit” means the time limit within which the designated
officer is required to provide service as specified under sub-section (1) of
section 4.
CHAPTER -II
Right to time bound
provisions of public service
3. Right to public services.---(1) Subject to the provisions of this Act, every eligible
person
shall have a right to public services.
(2) The right conferred under sub-section (1) shall include the right to-
(a) have access to the public service;
(b) receive the public service within a specified time limit;

21
(c) receive the public service in a transparent manner;
(d) demand performance of duties and functions by the designated officer in
accordance with the provisions of this Act;
(e) hold the concerned designated officer accountable for any service
deficiency in the public service; and
(f) claim compensation from the concerned designated officer for his failure
to provide, or delay in providing public service.
4. Notification of public services and time limit.---(1) Government may by

notification, in the
official Gazette, from time to time, specify any service to be a public service, for
the purpose of this
Act and also specify by a notification, the time limit within which such services
shall be provided by
the designated officer to the eligible persons.
(2) For providing public services specified under sub-section (1), Government may,
by
notification designate different officers for different public services, who shall be
responsible for
providing each of such service to the eligible person.
(3) While specifying the time limit for provision of any public service, in order to
arrive
at an informed decision, Government may invite and receive recommendations

from all related
public functionaries, as well as general public through prior publication of the

proposed time limit
alongwith a precise description of service.

22
5. Providing of public service within the specified time limit.---(1) It shall be

mandatory on the
part of the designated officer to provide public services to the eligible persons
within the time limit
as specified in the notification issued under sub-section (2) of section 4.
(2) The specified time limit shall start from the date when an application is
submitted
by the eligible person to the designated officer or to a person subordinate to him,

authorized to
receive the application for providing the public service.
(3) All applications received by the designated officer or the authorized person,
shall
be duly acknowledged by putting an inward stamp specifying the inward number,

date and time of
receipt of such application, on the duplicate copy of such application.
(4) On receipt of an application under sub-section (3), the designated officer shall
within the specified time limit, either provide the public service or reject the
application:
Provided that in case of rejection of the application, the designated officer shall
record
reasons thereof and intimate the same to the applicant.
6. Appeal.---(1) Any person, whose application has been rejected under sub-
section (4) of
section 5, or who does not receive public service within the specified time limit, or
where the public
service received by him is deficient in any manner, may prefer an appeal to the
Appellate Authority,
23
within a period of thirty (30) days from the date of such rejection or expiry of the
specified time
limit or receipt of deficient service, as the case may be.
(2) The Appellate Authority shall dispose of the appeal preferred under sub-
section (1)
within a period of thirty (30) days from the date of presentation of the appeal.
(3) The Appellate Authority may direct the designated officer to provide the public
service within such time as it may specify but not more than the time specified in
the notification
or to remove the deficiency in public service provided to the appellant or to pass

such other order,
including rejection of the appeal, as it may deem fit:
Provided that before passing any order under sub-section (3), the Appellate
Authority shall
provide an opportunity of being heard to the appellant as well as to the

designated officer;
(4) In case the appellant or the designated officer is aggrieved of a final order
passed
under sub-section (3), he may prefer an appeal to the Commission, within fifteen
(15) days of
issuance of such final order of the Appellate Authority.
7. Time-frame for disposal.---(1) An appeal under sub-section (4) of section 6 shall

be
disposed of within thirty (30) days of the receipt of the appeal.
(2) Any other matter or complaint, to be adjudicated by the Commission, may be
disposed-off, within a period of sixty (60) days, from the date of receipt of such
complaint or
24
entrustment of such matter, as the case may be.
8. Powers of Appellate Authority.---The Appellate Authority shall, while deciding

an appeal
under section 6, have the same powers as are vested in the Civil Court under the
Code of Civil
Procedure 1908 (Act V of 1908), in respect of the following matters,-
(a) requiring the production and inspection of documents;
(b) issuing summons for a hearing to the designated officer and the
appellant;
(c) requisitioning any public records or copies thereof from any Government
office;
(d) levying of fine or compensation upon the concerned designated officer to
pay compensation;
(e) directing the designated officer to pay compensation to the eligible
person; and
(f) any other matter which may be prescribed by rules;
9. Display of public services.---The details of the designated officers, public

services and the
specified time limit thereof shall be displayed locally on the notice-board in every
Authority and
notified in the official Gazette and if possible, also on the website of the
concerned Authority, for
the information of the general public.
10. e-Governance of services.---Government shall endeavor and encourage all the

authorities
25
required under this Act to deliver to the eligible persons, the public services
within the specified
time limit, as a part of e-Governance.
11. Penalty, for not providing public service.---(1) If the Appellate Authority is of
the opinion
that the designated officer has failed to provide the public service to the eligible
person within the
time limit specified or has caused delay in providing public service or has provided
the public
service, which is deficient in any manner, the Appellate Authority shall by notice,
call upon the
designated officer to show cause, within thirty days of the receipt of such notice,
for failure to
provide such public service.
(2) If, after having considered the cause, if any, shown by the designated officer,
the
Appellate Authority opines that the designated officer has acted in the manner as
provided in sub- section (1), the Appellate Authority shall, impose a fine on such
designated Officer which may
extend to rupees twenty-five thousand and which shall not be less than rupees
five hundred.
12. Penalty, for not deciding the appeal within the specified time.---Where the
Commission is
of the opinion that the Appellate Authority has failed to decide the appeal within
the time limit
specified in sub-section (2) of section 6, without any sufficient or reasonable

cause, it may impose
26
a fine on the Appellate Authority, which shall not be less than rupees one (01)
thousand but which
may extend to rupees twenty-five (25) thousand:
Provided that before imposing such fine, the Appellate Authority shall be given a
reasonable opportunity of being heard by the Commission.
13. Compensation.---On imposition of a fine under sections 11 or 12, the

Appellate Authority
or the Commission, as the case may be, may, by order, direct that a portion of
such fine imposed,
as deemed fit by it, be awarded to the aggrieved person, as compensation:
Provided that the amount of such compensation awarded shall not exceed
seventy (70) per
cent of the amount of fine imposed.
14. Disciplinary action.---In addition to the imposition of fines under sections 11 or

12, the
Commission, may, if it is satisfied that the designated officer or the Appellate

Authority, as the case
may be, has failed to discharge the duties assigned to him under this Act without
sufficient or
reasonable cause, recommend disciplinary action against him under the service
rules applicable to
him, for the time being.
15. Acknowledgment of good performers.---(1) Government, may by way of a

notification or
otherwise, maintain and publish from time to time but at least once in every
quarter, a roll of
27
honour, acknowledging the names of those designated officers and other

government servants
appearing on it, who have been consistently performing well either in providing
public services in
timely and efficient manner, or have been reputed for discharging their
administrative duties and
disposal of case work, adequately and within prescribed time as envisaged under
this Act.
(2) Government may prescribe independent evaluation criteria, designate an
independent panel of evaluators from amongst members of commission or

otherwise and devise a
comprehensive policy for the purposes of acknowledging the services of good

performers, as laid
down in sub-section (1):
Provided that while prescribing the policy, Government, amongst other things to
acknowledge the services of good performers and promote the culture of efficient
and timely
service delivery, may also prescribe and approve cash rewards for the best
performers.
CHAPTER -III
Khyber Pakhtunkhwa
Right to Public Services Commission
16. Establishment of the Khyber Pakhtunkhwa Right to Public Services

Commission.---(1)
Government shall, by notification in the official Gazette, establish an independent

Commission to
28
be known as the Khyber Pakhtunkhwa Right to Public Services Commission, to

exercise the
jurisdiction, powers and authority conferred under this Act, including,-
(a) hearing appeals against the orders of the Appellate Authority;
(b) make provisions for speedy access to public services in accordance with
the provisions of this Act; and
(c) payment of compensation for delayed delivery of public service by any
designated officer to the eligible person.
(2) The Commission shall comprise of a Chief Commissioner and two

Commissioners,
to be appointed by Government from persons having the domicile of the

Province, in such manner
and on such terms and conditions, as may be prescribed, and until so prescribed,
as may be
determined by Government.
(3) The Commission shall be headed by the Chief Commissioner, who shall be a
retired senior Government servant, not below the rank of BPS-21 with proven
integrity and intellect.
(4) The other two Commissioners shall be appointed by Government, in the

following
manner:
(a) a former civil servant of BPS-20 or above, with proven integrity and
intellect, who has demonstrated expertise in one or more of the following:
(i) financial management; or
(ii) public administration, regulation and discipline;
(b) an eminent person, having bachelor degree in the relevant field and has
29
been associated with public services for a period of fifteen (15) years,
provided that he may not be less than forty-five (45) years of age.
(5) The Chief Commissioner and the Commissioners shall hold office for a term of
three (03) years from the date on which they enter upon office or until they attain
the age of sixtyfive
(65) years, whichever is earlier.
(6) Upon completion of their term, the Chief Commissioner and the
Commissioners
shall not be eligible for reappointment.
(7) In the event of the absence or incapacity of the Chief Commissioner or any of
the
Commissioners, or if that office is vacant, the Government may appoint any

qualified person to hold
that office in the interim for a term not exceeding six (06) months on the terms
and conditions so
fixed by Government.
(8) Government may remove, the Chief Commissioner or the Commissioner

before the
expiry of his term on ground of misconduct or of being incapable of properly

performing the duties
of his office by reason of physical or mental incapacity:
Provided that before removing the Chief Commissioner or the Commissioner, as

the case
may be, Government shall give him an opportunity of being heard in person.
(9) The Chief Commissioner and the Commissioners shall engage exclusively in the
duties and functions of the Commission and may not hold any other office of
profit or engage in any
30
other employment for reward.
(10) Government shall provide the Commission with such officers and ministerial
staff,
as may be required for the discharge of its functions under this Act.
(11) The Commission may also in consultation with the Government appoint such
officers and ministerial staff, as may be necessary for the discharge of its functions
under this Act. 17. Powers of the Commission.---(1) The Commission shall, for the
purposes of its functions
under this Act, have the same powers as are vested in a civil court under the Code
of Civil
Procedure, 1908 in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) discovery and production of any document or other material object
producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses;
(f) reviewing its decisions, directions and orders;
(g) any other matter which may be prescribed by rules.
(2) The Commission shall have powers to regulate its own procedure.
(3) The Commission shall arrange to deliver copies of the decision to the parties
concerned within a period of fifteen (15) days from the date of such decision.
18. Staff and officers to be public servants.---The staff and officers of the
Commission shall be
31
deemed to be public servants within the meaning of section 21 of the Pakistan

Penal Code, 1860.
19. Power to issue directions.---(1) The Commission shall, upon adjudication of a

complaint,
have the power to issue directions,-
(i) requiring any Authority entrusted with administration to take such steps as
may be necessary to secure compliance with the provisions of this Act or
any other law under which the eligible person, entitled to a right or benefit;
and
(ii) requiring the payment of compensation to the eligible person.
(2) Where the Commission, is satisfied that there are reasonable grounds to
inquire
into the matter, it may initiate an inquiry in respect thereof and shall enjoy
powers available to a
Tribunal under the Tribunals of Inquiry Act, 1969.
CHAPTER -IV
Incidental Provisions
20. Punishment for frivolous complaints.---(1) Any person, whose Appeal

complaining against
an alleged non-provision of public service within stipulated time or alleging any

deficiency therein,
is rejected by the Appellate Authority and while deciding so, the Appellate
Authority is also of the
view that his complaint was false, frivolous or vexatious and if such order is
upheld by the
Commission also, the complainant shall be served by the Commission, with a

show-cause notice,
32
requiring him to submit his reply within a period of fifteen (15) days of show
cause in writing that
why he shall not be prosecuted for filing a frivolous complaint.
(2) If the Commission is satisfied, upon receiving the reply to show- cause notice
and
hearing the parties that the Complaint so filed was false and frivolous, it may
proceed to fine the
complainant for an amount up to rupees fifty (50) thousand.
21. Deposit of fines and fees.---(1) All fines, except those in nature of
compensation, to be
paid to the eligible person under this Act, shall upon recovery be immediately
deposited in the
Public Account of the Province, so maintained in terms of Article 118 of the

Constitution of Islamic
Republic of Pakistan while all fees shall be deposited in the Provincial

Consolidated Fund.
(2) All Authorities shall be bound to give effect to the orders and directions of the
Commission in enforcing its decisions and orders, including but not limited to
orders related to
attachment and remission of properties, salaries and other receivables of the

defaulters.
22. Protection of action taken in good faith.---No suit, prosecution or any other
legal
proceedings shall lie against any person for anything which is done or intended to
be done in good
faith, in pursuance of this Act or any rules made there-under.
23. Act to have over-riding effect.---The provisions of this Act shall have effect
notwithstanding
33
anything to the contrary contained in any other law for the time being in force.
24. Power of the Commission to send applications to the Appellate Authority

directly.--- Notwithstanding anything contained in this Act, the Commission, if it
receives any application
alleging non-compliance of the provisions of this Act, may if it deems fit, send
such an application
directly to any Appellate Authority for taking further action in the matter, in
accordance with the
provisions of this Act. 25. Bar of jurisdiction of Courts.---No Court shall entertain
any suit, application or other
proceeding in respect of any order made under this Act and no such order shall be
called in
question otherwise than by way of appeal under this Act. 26. Power to make
rules.---(1) Government shall within a period of (04) months shall, by
notification in the official Gazette, make rules to carry out the provisions of this
Act.
(2) Without prejudice to the generality of sub-section (1), the Government shall
have
the power to prescribe forms and fees for making applications under this Act. 27.
Power to make regulations.---The Commission may for the purposes of this Act
make
regulations not inconsistence with this Act or the rules made there-under
28. Power to remove difficulties.---(1) If any difficulty arises in giving effect to the
provisions of
this Act, Government may by order, make such provisions, as appear to it to be

necessary or
expedient for removal of the difficulty.

34
(2) Every order made under this section shall, as soon as may be after it is made,
be
laid before the Provincial Legislature.
29. Repeal.--- The Khyber Pakhtunkhwa Right to Public Services Ordinance, 2013
(Khyber
Pakhtunkhwa Ord. No. XI of 2013) is hereby repealed.
BY ORDER OF MR. SPEAKER
PROVINCIAL ASSEMBLY OF KHYBER
PAKHTUNKHWA
_____________________________________________________________
(AMANULLAH)
Secretary
Provincial Assembly of Khyber Pakhtunkhwa
CHAPTER 3
THE 1[KHYBER PAKHTUNKHWA] PUBLIC PROPERTY(REMOVAL OF
ENCROACHMENT).ACT, 1977.
2[KHYBER PAKHTUNKHWA]ACT,No. V. OF 1977. [23rd June, 1977.] CONTENTS

PREAMBLE SECTIONS
1. Short title, extent and commencement.

35
2. Definitions.
3. Removal of structures.
4. Review.
5. Eviction.
6. Recovery of cost of demolition and removal of structures.
7. Recovery of arrears of rent.
8. Punishment.
9. Cognizance of offence and mode of trial.
10. Delegation of power.
11. Bar of jurisdiction of abatement of suits.
12. Tribunal.
13. Exclusive jurisdiction.
14. Procedure and powers of the Tribunal.
15. Transfer.
16. Indemnity.
17. Power to make rules.
18. Repeal.
1Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. 2Substituted vide

Khyber Pakhtunkhwa Act No. IV of 2011.
THE 1[KHYBER PAKHTUNKHWA] PUBLIC PROPERTY (REMOVAL OF

ENCROACHMENT).ACT, 1977.
2[KHYBER PAKHTUNKHWA] ACT, No. V. OF 1977. [23rd June, 1977.]
(First published after having received the assent of the Governor of the 3[Khyber
Pakhtunkhwa], in the Gazette of4[Khyber Pakhtunkhwa] (Extra-ordinary), dated
36
23rd June, 1977). AN ACT to provide for measures for removal of encroachment
from public property.
WHEREAS it is expedient to provide for measures for removal of encroachment

from public property and for matters ancillary thereto;
Preamble.
It is hereby enacted as follows:—
1. (1) This Act, may be called the 5[Khyber Pakhtunkhwa] Public Property
(Removal of Encroachment) Act, 1977.
Short title, extent and commence-ment.
(2) It extends to the whole of the6[Province of Khyber Pakhtunkhwa]. (3) It shall

come into force at once.
2. In this Act, unless there in anything repugnant in the subject or context.__
Definitions.
(a) “autonomous body” means a board, corporation, institution, organization

authority or other body established by Government, or which is incorporated
under any Provincial law, and includes a University or Board of Intermediate and
Secondary Education established under Provincial law;

Khyber Pakhtunkhwa Act No. IV of 2011. 3Substituted vide Khyber Pakhtunkhwa
Act No. IV of 2011. 4Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.
Khyber Pakhtunkhwa Act No. IV of 2011.
3|Page
(b) building means a building or the part there of and the land appurtenant
thereto;
(c) “encroachment” means unauthorized occupation, temporary or permanent, of

public property;
(d) “Government” means the Government of the 1[Khyber Pakhtunkhwa];

37
(e) “land” includes land under water, well, foot-path, road, tunnel, culvert, nala,
bridge and street;
(f) “Local Council” means a council constituted under the 2[Khyber

Pakhtunkhwa]Local Government Ordinance, 1972 (3[Khyber Pakhtunkhwa]Ord
No. Ill of 1972), or any law relating to Local Government for the time being in
force;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “public property” means a building, land, place or premises, which vests in, or
is in the possession or under the management or control of Government, Local
Council, autonomous body, or such other authority;
(i) “Tribunal” means a Tribunal constituted under section 12;
(j) “unauthorized occupant” means a person who has made encroachment on, or
is in occupation of, any public property without the express permission or
authority of a competent authority and includes—
(i) a lessee or licencee who after the expiry of the period of lease or licence or on
determination of such lease or licence, continues to remain in occupation of any
public property;
(ii) a person inducted into any public property by the lessee or licencee thereof;
and

Khyber Pakhtunkhwa Act No. IV of 2011. 3Substituted vide Khyber Pakhtunkhwa
Act No. IV of 2011.
(iii) every member of the lessee's or licencee's family who remains in occupation
of any public property after the expiry of the period of lease or licence or after the
determination of the lease or licence in respect of the same.
Removal of structures.
3. (1) If Government, or any authority or officer authorized by Government in this

behalf, is satisfied that any person is an unauthorized occupant, it or he may, by
38
order in writing, direct such person to vacate the public, property and to remove
the structure, if any, raised by him on the public property, within such period as may be
specified in the order; provided that such period shall not be less than three days.
(2) The order under sub-section (I) may be served by—

(a) giving or tendering it to the unauthorized occupant or any adultmaleperson residing with him; or
(b) affixing it at a conspicuous place on or near the public property towhich it relates.
Review.
4. (1) Any person aggrieved by an order made under section 3 may, within seven
days of the service thereof, prefer a review petition to Government or any
authority or officer who has made such order.
(2) Government or, as the case maybe, the authority or officer as aforesaid, may,
after considering the review petition filed under sub-section (1) and after giving
the petitioner or his duly authorized agent an opportunity of being heard,
confirm, modify or vacate the order.
Eviction.
5. (1) If any person on whom order under sections has been served refuses or fails
to vacate the public property or remove the structure raised thereon, within
seven days of the date of service, of such order, or where a review petition is filed
against such order, within three days of the date of dismissal of such review
petition, any officer authorized in this behalf by Government may,
notwithstanding anything contained in any other law for the time being in force,
enter upon such property by evicting such person and may also demolish and
remove the structures, if any, erected or built by that person.
(2) For the purpose of recovering possession of any public property under the
provisions of sub-section (1), an officer authorized by Government in this behalf
may use or cause to be used such force as may be necessary.
(3) If any officer authorized to take action under sub-section (1). requires police
assistance, he may send requisition to the officer-in-charge of a
police station within whose local jurisdiction the public property is situate and
such police officer shall on such requisition render the assistance required.
39
Recovery of cost of demolition and removal of structures.
6. The cost of demolition or removal of structures under section 5 may be

recovered as arrears of land revenue from the person in whom the owner-ship of
the structures vested at the time of this demolition and removal.
Recovery of Arrears of rent.
7. If any rent payable in respect of any public property has been in arrears on the
day of recovery of possession of such property the amount due on account of
such arrears, with interest, if any, accrued thereon shall be recoverable as arrears
of land revenue.
8. (1) Any person who has made encroachment shall be punished with
imprisonment of either description for a term which may extend to six months or
with fine which may extend to three thousand rupees or with both.
Punishment.
(2) The officer appointed for preventing encroachment in any area who directly or
indirectly connives at, or at assists in the commission of the offence of
encroachment or persistence of such offence, or due to whose negligence of duty
such offence is committed of persists, shall be punished as an abettor. (3) Where
the officer-in charge of police station willfully fails or avoids to provide the
necessary police assistance under sub-section (3) of section 5, he shall be
punished as an abettor of the offence of encroachment. (4) Any person who is an
abettor within the meaning of sub-section (2) or (3) shall be punishable with the
same punishment as is provided in sub-section (1) of this section.
Cognizance of offence and mode of trial.
9. (1) No court shall take cognizance of an offence under this Act, except on
complaint in writing made by an officer authorized by Government in this behalf.
(2) Government may, by notification in the official Gazette, direct that an offence
under this Act, shall be tried in summary way in accordance with the procedure
prescribed in Chapter XXII of the Code of Criminal Procedure, 1898 (Act No. V of
1898).
Delegation of power.
40
10. Government may, by notification in the official Gazette, delegate all or any of
its powers under this Act, to any officer subordinate to it or any Local Council,
Autonomous body or other authority.
Bar of jurisdiction of abetment of suits.
11. (1) No Civil Court shall have jurisdiction to entertain any proceedings, grant
any injunction or make any order in relation to a dispute that any property is not a
public property, or that any lease or licence in respect of such public property has
not been determined for the purpose of this Act, or anything done or intended of
purported to be done under this Act.
(2) All suits, appeals and applications relating to encroachment or disputes

referred to in sub-section (1) and pending in any court shall abate on the coming
into force of this Act: Provided that a party to such suit, appeal or application
may, within thirty days of the coming into force of this Act, file a suit before a
Tribunal in case of a dispute that any property is not a public property or that any
lease or licence in respect of such public property has not been determined.
12. (1) Government may, by notification in the official Gazette, constitute a

Tribunal and specify the area in which such Tribunal shall exercise its jurisdiction.
Tribunal.
(2) The Tribunal constituted under sub-section (1) shall consist of a District Judge,
or Additional District Judge, or District Magistrate, or Additional District
Magistrate with experience of not less than three years as such Magistrate, as
Government may appoint.
13. A Tribunal shall have exclusive jurisdiction to adjudicate upon a dispute that
any property is not a public property or that any lease or licence in respect of such
public property has not been determined for the purpose of this Act.
Exclusive jurisdiction.
14. (1) A Tribunal shall decide any suit or application in such manner and in
accordance with such procedure as may be prescribed.
Procedure and powers of the Tribunal.

41
(2) Any order made by the Tribunal which conclusively determines the rights of
the parties with regard to all or any of the matter in controversy under this Act,
shall be final and binding on the parties. (3) The Tribunal shall have powers of a
Civil Court under the Code of Civil Procedure. 1908 (Act No.V of 1908), as to— (a)
summoning and enforcing the attendance of any person and examining him on
oath; (b) receiving evidence on affidavits; (c) compelling the production of
documents;
(d) issuing commissions for examination of witnesses or documents. (4) The

proceedings before the Tribunal shall be judicial proceeding within the meaning of
sections 193 arid 228 of the Pakistan Penal Code (Act No.XLV of 1860).
Transfer.
15. Government may transfer any case from one Tribunal to another Tribunal.
Indemnity.
16. No suit or legal proceeding shall lie against Government or any authority or person in respect of
anything which is in good faith done or intended to be done under this Act.
Power to make rules.
17. Government may make rules for carrying out the purposes of this Act.
REPEA
18. The West Pakistan Autonomous Bodies Immovable Property. (Ejectment of Unauthorized Occupants)
Ordinance, 1965 (W.P. Ord No. XXXVII of 1965), and the West Pakistan Government Lands and Buildings
(Recovery of Possession) Ordinance, 1966 (W. P. Ord. No. IX of 1966), and the North- West Frontier
ProvincePublic Property (Removal of Encroachment) Ordinance 1977 (North- West Frontier ProvinceOrd
No. VII of 1977), are hereby repealed.
CHAPTER 4
HISTORICAL PROSPECTIVE OF LOCAL GOVT IN SUBCONTINENT
NATURE AND FUNCTIONING OF LOCAL GOVERNMENT
IN THE BRITISH INDIA (1680-1947)
Introduction
Local government may be loosely defined as a public organization
42
authorized to decide and administer a limited range of public policies within a
relatively small territory which is a subdivision of a regional or national
government. Local government is the bottom of a pyramid of government
Existence of Local Government in India
The Local government has existed in the Indian Subcontinent for
centuries in the form of Panchayats or in some other form.12 Literally, Panchayat
means a “Council of Five”. The word Punch of Sanskrit is equivalent to the
Greek pente, as in pentagon.13 These institutions were, however, not
representative in character. They represented the feudal aristocracy, which
governed by virtue of authority rather than mass participation.
The Mughals were essentially urban people in India and in the domain of
local government; their main concern remained with urban administration. They
established the office of Kotwal as the key-stone of municipal organization;
appointed under the Sanad [Urdu: Order] of the Emperor, the Kotwalwas a
person of high status. Law and order was his first responsibility, and he
maintained a body of horses, city guards and an army of spies. Almost every
aspect of city life came under his charge; he appointed a headman or ‘Mir
Muhallah’ for every ward, he kept a register of houses and roads, and directed the
location of cemeteries, slaughter-houses, and sweeper colonies. He controlled the
markets, checked weights and measures, supervised local prices. He levied the
local taxes, market dues, and toll and transit duties14.
Establishment of Local Government in British India:
A period of tumult and turmoil started in the political history of India,

43
with the death of Aurangzeb Alamgir in 1707 A.D. Mughal rule was reduced
almost to impotence; Hindu power revived, especially among the Mahrattas and
Sikhs; Afghan and Persian invasions were beaten back; the British and French
50
came into conflict; and the power of the British East India Company grew
steadily in importance. It was established in 1600 A.D. The political influence of
this originally private corporation was extended by a curious combination of
force and persuasion15.Periodic progression of the institutions of local
government in India was thus in two steps, one under the East India Company i.e.
till 1857 and second under the British Government from 1857 to 1947.
A) East India Company
The East India Company built some townships in Bengal, Madras,
Bombay (presently Mombai) and Calcutta (Presently Colcatta) and used them not
only for security purposes but also for intrigues and conspiracies against the
Indian states. By the 1840s most of the Subcontinent was under British control,
either directly or indirectly through treaties with princely states. British rule in
India may be divided into two main periods, with the “Sepoy Mutiny” (1857) as
the watershed. The first period was one of rule by the British East India
Company, the second of rule by the British Government itself.16
When it began to be a governing as well as a trading corporation, the
British East India Company itself became subject to government regulations. By
this time the interests and welfare of the people of India had become matters of
genuine concern to the British Government. So the governor generalship of Lord
William Bentinck (1828-1835) marked by significant steps in administrative and

44
social reforms. Among these were, the abolition of suttee (the suicide of widows
after the death of their husbands) the suppression of lawlessness by fanatical
devotees, known as Thugs, of the goddess Kali, and efforts to eliminate female
infanticide.17
The East India Company was basically a trading company and remained
indulged in business activities. The growth and development of local government
was not a matter of concern for it. The administration of the company rather
destroyed all the fibres and foundations of Indian society. Its land and taxation
policy ruined the Indian economy. As under the Mughal rule, Chungi and other
indirect levies were imposed in the towns, and the proceeds there from were
utilized for municipal purposes. The British abolished such levies on the ground
that these interfered with trade. Similarly, the Kotwal under the Mughals
enforced
the rights of the people, but the police under the East India Company became an
instrument of oppression. So the local communities disintegrated and the very
spirit of local government was lost.18
The English East India Company was established in 1600 A.D. The origin
of Municipal Administration can be traced back by the period of 1680s A.D.,
when it tried to introduce some sort of Local Government in presidency towns
viz. Madras, Calcutta and Bombay. It was the rudimentary period of Local
Government in the Indian Subcontinent which also included the areas now
constituting Pakistan.
51
i- First Municipal Corporation

45
The first Municipal Corporation was set up in Madras in 1688 by the East
India Company with a purpose of handing over the financial matters of local
administration to the local city council. In writing to the Madras Council on 28
September 1687, the Directors, with the consent of the Crown, advised the
setting
up of a municipal corporation for Madras; observing that: the people would more
willingly and liberally disburse five shillings towards the public good being taxed
by themselves, than sixpence imposed by our despotic powers.19
It was laid down that the town clerk and the judicial recorder must be
Englishmen, but that the Court of Aldermen should consist of three English
freemen, three Portuguese, and seven ‘Moors and Gentoos’-all to be chosen by a
general body of ‘Burgesses’. The Mayor was to be elected from amongst the
Aldermen. The corporation was to be responsible for a number of public services,
including the upkeep of a town-hall and a school. The corporation was also a
judicial body constituting a court of record in civil and criminal cases. However
the expectations of the Directors that local self-self-government would stimulate
greater taxation were sadly disappointed. The inhabitants objected strongly to
new taxes, and municipal institutions did not prosper.20
ii- Royal Charter 1720
In 1720 a Royal Charter was issued to establish a Mayor’s Court in each
of the three presidency towns of Madras, Bombay and Calcutta. But these
functioned as judicial bodies rather than administrative bodies.
iii- Second Municipal Charter
The Second Municipal Charter of 1726 established municipal bodies for

46
Calcutta and Bombay, and reconstituted the Madras Municipality created in
1688. According to the new Charter, the corporations constitute a Mayor and nine
Aldermen, out of which seven were British. These newly created bodies were
also limited to judicial functions and no attention was paid to civic order. So the
Charter represented a setback in political development: in contemporary

parlance,
the earlier ‘open corporation’ of Madras had been succeeded by ‘closed
corporations’.21 The new bodies were largely confined to the exercises of judicial
functions.
A statutory basis of the urban local government was not provided until
1793 when the Governor-General in Council was empowered to appoint justices
of peace for the presidency towns form among convened civilians and the British
Subjects, who were authorized to appoint scavengers, to repair the streets and to
impose taxes on houses and lands to provide for the sanitation of the towns.
In 1840, the system of election was introduced to a limited extent to
manage the civic affairs properly. The civic responsibilities were handed over to
a ‘Board of Conservancy’ consisting seven members to which five were elected,
three Indians and two Englishmen.
52
iv- Act X of 1842
In 1842, the Conservancy Act X of 1842 for Bengal was the first formal
measure of municipal legislation, other than the presidency towns. The Act
provided for establishing town committees for sanitary purposes, but practically it
remained inoperative as it was based on voluntary principle and the tax applied
47
under it was of a direct nature.
v- Act XXVI of 1850
In 1850 another municipal Act XXVI was drafted for the whole country.
On the wishes and initiative of the inhabitants, the Act provided for constituting
the local committees to make better provisions for public utilities and amenities.
The municipal functions included conservancy, road repairs and lighting, the
framing of by – laws, and their enforcement by fines.
In Bengal Presidency, this measure was first employed to regulate the
development of growing hill-stations such as Simla and Darjeeling. Altogether, it
was introduced into four towns in lower Bengal, four in Punjab and about twenty
in the North Western Provinces and Oudh. In spite of continuing the voluntary
principle, the new law was more empirical and workable because of indirect
mode of taxation to which the people were accustomed. By 1858, the Municipal
Act was introduced in 352 towns and villages. But it was never formally
implemented in great majority of towns. In Karachi, the Board of Conservancy
was also established in 1846.
vi- Chaukidari Act of 1856
In 1856, the Chaukidari Act was passed for watch and ward in rural areas.
The Chaukidars were appointed by the District Magistrates. They also appointed
Panchayat members to collect the rates, though this Act was the first attempt to
introduce local government in rural areas to a limited extent. But the legislation
of 1856 and 1858 introduced more or less the similar system as that of the
previous as the public control was almost entirely excluded. But the solution
involved a division of power, which soon served as a break on progress.22

48
B) The Brit ish Crown
The evens of 1857 have a twofold significance in the history of modern
Muslim India. Firstly they gave a final blow to the idea of the Mughal Empire
and they put a seal on the decline of the Muslims in all walks of life. With the
final collapse of Mughal Empire, the Muslims awakened to the futility of any
attempt to revive their empire.23
Secondly, the greatest constitutional change brought about by the War of
1857 was the transfer of power from the East India Company to the British
Crown under the Government of India Act, 1858. For the first time, the British
parliament was given full authority and responsibility for governing India. Thus,
the British India Empire was officially established.24
53
The importance of public participation in governmental affairs was
realized after the holocaust of 1857. The period following the ‘Mutiny’ the
British developed an impressive structure of government and administration for
India. The great parliamentary landmarks are the Indian Councils Acts of 1861
and 1862, the Minto-Morley Reforms of 1909, the Government of India Act of
1919 (following the Montague-Chelmsford Report 1918) and the Government of
India Act of 1935.25
However, the immediate stimulus to the introduction of local government
in 1860s was the financial problems of the Indian Government followed the War
of Independence. As the Indian finances remained in a shaky condition
throughout the century, and the Indian debt rose to ninety-eight million pounds,
so James Wilson the then Finance Minister suggested for the financial
49
decentralization. He proposed to transfer responsibility for roads and public
works to local bodies. In his budget speech of 1861, he declared:26
“It is of the first importance to break through the habit of keeping
everything in dependence on Calcutta and to teach people not to look to
Government for things which they can do far better themselves”.
The Government of India demanded draft proposals in this regard and
decided to leave the working out of these draft proposals to the newly created
provincial legislatures.
i- Resolution of Sir Robert Montgomery
The first response to these proposals came from Punjab. Municipalities
started through a resolution issued by the Lieutenant-Governor Sir Robert
Montgomery in 1862.27These institutions were rather informal and the

inhabitants
were given the right to constitute wards as they desired. These committees
controlled conservancy, drainage, water supply, lighting, street pavement,
sanitation and the collection of octroi (tax and commodities).
ii- Royal Army Sanitation Commission
In 1863, the Royal Army Sanitation Commission reported the government
about the unhealthy, deplorable and fast declining sanitary conditions of the
towns all over the country. Resultantly, the government authorized the provincial
governors for the formation of municipalities. Forty-nine such committees were
constituted between 1862 and 1864. Lahore Municipality was successful, as it
was provided with a loan of Rs.40,000 just in the first year of its formation, in
order to divert the River Ravi back to its original course to provided much needed
50
water supply. For Lahore and Rawalpindi, a Municipal Act was passed in 1867.
In fact, the government was suffering from financial bankruptcy and the
municipalities were good source of financial abatement. So the formation and
development of municipalities was highly promoted and encouraged.
54
iii- Resolution of Lord Lawrence
In August 1864, the Government of Lord Lawrence issued another
resolution again that of finance. The Resolution declared the best mid-
nineteenthcentury
Liberal spirit:28
“The people of this country are perfectly capable of administering their
own local affairs. The municipal feeling is deeply rooted in them. The
village communities…are the most abiding of Indian institutions. They
maintained the framework of society while successive swarms of invaders
swept over the country. In the cities also, the people cluster in their wards,
trade guild and Panchayats and show much capacity for corporate
action…. Holding the position we do in India, every view of duty and
policy should induce us to leave as much as possible of the business of the
country to be done by the people…and to confine overselves to…
influencing and directing in a general way all the movements of the social
machine”.
This Resolution provoked the legislative activity in the domain of local
self-government for every major province in India.
By 1870 there were 65 municipalities in undivided Bengal and 127 in the

51
Punjab, but dominantly was appointed. Only in the North-Western Provinces and
the Central Provinces was the right of election, freely granted. In the rest of the
provinces, even in the few progressive towns in which elections were allowed,
there was only a bare 50 percent of elected members.
iv- Resolution of Lord Mayo
The next step in the field of local government was taken by the Resolution
of Lord Mayo. The Principal objective was as ever financial relief and
decentralization from the centre to the provinces so that maximum involvement
of Indians in the administration would be possible. In order the develop

selfgovernment,
the provincial governments were authorized to hold elections for the
members of municipal boards. The Resolution declared:29
“Local interest, supervision and care are necessary for success in the
management of funds devoted to education, medical relief and public
works. The operation of this resolution in its full meaning and integrity will
afford opportunities for the development of self-government, for
strengthening municipal institutions and for the association of natives and
Europeans to a greater extent than therefore in the administration of local
affairs. The central grants to the provinces were much less than the actual
expenditure. They were, therefore required to meet the balance by local
taxation”.
55
The period following the Resolution, Municipal Acts were passed
empowering the provincial governments to introduce elective system in the

52
municipal committees. However, practically, the element of elections was little
applied, and the system of nomination kept on. The table 1 depicts the
composition of municipal boards in 1881.30
Table No. 1: Composition of Municipal Boards in 1881
AREAS Total No. of
Municipalities
With Members
Partly or Wholly
Elected
Members all
Nominated
Bengal 138 3 135
Bombay 162 10 152
Madras 47 12 35
North Western
Provinces
107 75 32
Punjab 197 5 192
Central
Provinces
61 61 …..
Burma 7 ….. 7
In 1874, the position of municipal government in India was described by
Lord Hobart as Governor of Madras, in the Madras Local Self-Government

53
Report 1882, in these words:31
“The population of a municipality does not in any sense govern itself,
except that same of its leading men, nominated by Government, are
placed upon the board. The Government of a Municipality is in fact an
oligarchy dependent upon a superior power which may control its action
to almost any conceivable extent”.
Such state of affairs remained intact till 1882. The municipalities were
completely controlled by the government. Most of the members were

reappointed
year after year, if any principle of representation was adopted, they
were chosen to represent the leading castes or classes— there was no territorial
basis for membership. Quite often appointments were made as a mark of social
status, just as a gentleman would be given a seat in the district durbar, as a taken
of his loyalty and his standing in the district.32
This situation reflects that local self-government was only the
promulgation of new regulations and levying of new taxes and safeguard of the
British interest (relief to imperial finances) instead of the promotion of

selfgoverning
institutions in India. In the wards of Tinker:33“India saw the dawn of
representative local institutions in the 1880s, but time was to prove this a false
dawn.”
v- Rural Self-Government in India
Rural self-government also observed a little impulse after 1857. The effort
54
was made to organize district committees in the Punjab, but it was never
implemented down to the village level. As Tinker describes that, the committees
were nothing more than a convenience for the District Magistrate to supply him
with information or to carry out miscellaneous duties. In addition, the funds
available were so meagre to provide proper public services. The new district
committees barely approached the villages. However a little attempt was made in
Madras and Bengal.
vi- Bengal Village Chowkidari Act
The Bengal Village Chowkidari Act of 1870, divided the countryside into
unions comprising of about ten or twelve square miles. The Act was considered
as an important reform for modern Pakistan, from which originates the history of
local rule in the East Pakistan. The Act provided the supervision on the areas to
the Panchayats. Under the Act tax was levied upon the villagers to pay for the
village police, while local councils were also constituted to raise funds and
provide an agency for subsequent local reforms. However, these Panchayats also
worked as servants of the ‘Sarkar” the government; instead of representing the
village folk. Although, the Act succeeded in organizing a number of union
committees at the district level, its imposed character and limited functions
doomed it to failure.34
vii- Resolution of Lord Ripon (1882)
The most significant phase in the history of the development of local
government in India commenced with the Resolution of 18 May, 1882 of Lord
Ripon. The historic resolution is regarded as a land mark in the development of
local government and is hailed as its Magna Charta. It became the foundation of
55
local government and earned the title of ‘Father of Local Self-Government in
India’ for its founder.35
He favoured to extend the institution to the grass root level. His reasoning
was that if the local government is to have any vitality, then it should evolve out
of local circumstances; if it has to be created artificially, then it should be planned
in detail by local administrators, and not be imposed ready-made by the central
government. Instead of decentralization of administrative efficiency, the
Resolution envisaged the political education of the people so that they might be
able to cope the governmental problems. The Resolution envisaged the following
principles.
i. The establishment of a network of local self-government institutions.
ii. The number of non-officials should not be more than two-third,
these should be elected whenever possible.
iii. Exercise of control should be from without instead of from within.
iv. Financial decentralization was highly recommended.
v. The element of election should be introduced throughout the country.
The provinces were given the option to implement the resolution
according to their local terms and conditions. A series of acts were enacted in the
period following the Resolution. Municipal Acts were passed for Punjab, Bengal
and Bombay.
viii- Punjab District Board Act 1883
Under this Act, it was obligatory on the provincial government to create
district boards and optional to establish Tehsil boards. Two-thirds of the members
had to be non-official and not less than half of the members were required to be
56
land-owners. In 1884, Punjab had its municipal Act with a similar stipulation
about the membership as the District Board Act, but it left the question of
election or nomination of the chairman optional on the committees.37
According to this Act the committees were made corporate bodies
entrusted with the power of levying taxes. The Act provided for appointment as
well as election of municipal commissioners. A municipal committee was headed
by a president whose election was subject to the approval of the Government.
ix- Bombay Municipal Act 1884
Under the Bombay Municipal Act 1884, 35 municipal committees were
formed in Sind. But as compared to the Punjab and Bengal Acts, the Chairman of
the committee under this Act was to be appointed by the government.
x- The Bengal Act
The Bengal Act provided for the election by the rate-payer of two-thirds
of the total number, and the election of chairmen for all municipal committees
except major municipal committees scheduled under the Act. The number of
members was fixed at not less than nine and not more than thirty. The municipal
committee was given the option to elect or appoint the members of the
committee
The most remarkable innovation proposed by Lord Ripon in 1882 was the
establishment of a network of rural local bodies. The provincial legislation of
1883 to 1885 had one common feature: the creation of a ‘two-tier’ system, with
district boards, and sub-district boards based either upon the ‘sub-division or the
tehsil’. The district boards having the supervising or coordinating authority only
entrusted by the provinces with all the funds and almost all the functions of local
57
government. Most of the acts made provision for the delegation of money and
powers to the smaller bodies but practically they were starved of money and
narrowly restricted in the exercise of their functions.39
The Resolution articulated by Lord Ripon for rejuvenation of local
government was, at the outset, met with little success as is proved by the figures
of elected members and presidents of municipal bodies. But subsequently these
were considered as unnecessary intervention in the unlimited powers of the

ruling
elites. Because the vast majority of local Anglo-Indian officials were
conservatives, supporters of a ‘paternal’ administration, so that the reforms
projected by Ripon were attenuated, or even ignored by the provincial
governments and district officers who were responsible for putting them into
practice.40
The heads of all the major provinces strongly supported the District
Officer as president, elsewhere the District Magistrate remained dominant in
local government. The provision of non-official chairmanship of district boards
was generally ignored. The Chairmen of rural bodies were almost all officials.
Only the chairmen of two Punjab district boards (Sialkot and Amritsar) were, for
some years, non-officials. The remaining district boards in British India, almost
two hundred in number, were presided over by the District Magistrate as the
unchallenged head of rural affairs.41
Furthermore, if the provinces created the required two-thirds majority of
non-official members, their nomination was also dependent upon the favour of
District Magistrate. The nominated members could not play their role in
58
administration actively, particularly with an organization which had nominated
them.
Similarly the idea of election was viewed with even greater distrust in the
countryside than in the towns. The great landlords had no concern with the
elections; rather in many district boards in the province like Punjab, where older
traditions were still observed, the elected members hold lower status than the
nominated gentlemen. District boards were at best little more than petty
departments of the district administration.42Generally, the reforms introduced in
May 1882, failed from every aspect. The relationship between district autocracy
and subjects masses was one of alienated apathy.43
As soon as Lord Ripon left India, efforts were made to reverse the
policies and reforms enunciated by him. Following factors could be mentioned in
this regard:
i. Reforms were entrusted to the provincial government exclusively of civil
servants. Contrary to his wished they circumscribed the democratic feature of
Ripon’s model for local government by keeping possession of inhibit control
on their initiative. The bureaucracy practiced obstructive measures.
ii. Lord Curzon the successor of Lord Ripon left his own distinctive mark upon
local government. He insisted on the need for centralized control, and on a
uniform policy of development. Primary education was encouraged by liberal
grants-in-aid, coupled to constructive planning. Curzon’s ascendancy
undoubtedly effected a further attenuation of the ‘political education’ policy,
and reinforced the dominant position of district officers and departmental
experts.44 He preferred administrative efficiency to political education.

59
A Conservative system of supervision was created and the deputy
commissioner was authorized with extensive powers of supervision and control.
The element of election was also not advocated as it was not based on universal
franchise. The electorate comprised of two percent only of the total urban
population. Besides, communal electorate emerged as a result of religious and
caste consciousness. Originally communal representation was intended to give
representation to the Muslims in local bodies on account of their educational and
economic backwardness, but had subsequently to be conceded as a means of
representation to the various religious communities.45
The Indian leadership active in politics like S.N. Banerje, G.K. Gokhale,
Pheroze Shah Mehta warmly welcomed the policy of Ripon of approaching
national self-government through the education of the Indian electorate and of
their representatives in the school of local politics and administration. While
speaking in Bombay Legislative Council G.K. Gokhale said:46
“We value local self-government for the fact that it teaches men of different
castes and
creeds, who have long been kept apart to work together for a common purpose.”
xi- Act of 1892
The successors of Ripon gave no further advancement to the reforms. The
Imperial Government and the provinces only gave attention to improve
administrative efficiency, and the high ideals of Lord Ripon set aside in these
shifts and contrivances. In 1892, the Bengal Government introduced a new
device, in which powers of the municipal boards were further circumscribed,
government control was enhanced and the criterion of qualification for franchise
60
was also elevated.
As a natural corollary a campaign under S.N. Banerje was started, which
was supported by the political associations and the press of the province also. The
apprehension was that, this new scheme would reduce the electorate and
franchise the great majority of Muslims. Consequently, the proposals were
completely reconsidered. In the meanwhile, movements of violence and
agitations began for political emancipation. But the great majority of top brass
national leadership firmly believed on constitutional methods for political gains
and considered local government as a bridge to national self-government.
In 1906, a Muslim deputation under Agha Khan met with the then
Viceroy, Lord Minto. Among other demands, separated Muslim electorates and
seats on local bodies was also raised. The Viceroy responded positively and
appointed a committee to devise a scheme to fulfill these demands. Morely, the
Secretary of State, and Minto, both stressed that political advances must include
an ‘effective advance’ in the direction or of local self-government. They
condemned the official control over local bodies and recommended the fullest
possible liberty of action should be given to them.47A considerable progress can
be attributed to Minto Morley Reforms, in the field of local self-government.
xii- Royal Commission
In 1907, the government appointed the Royal Commission upon
Decentralization to examine and investigate the financial and administrative
affairs of the Government of India and the provincial governments and the
authorities subordinate to them and suggest a viable system of governance
through which the relations of the government of India and the provincial
61
governments can be improved. The Commission sorted out local self-government
as best system of administrative devolution and decentralization. The research of
the Commission depicted that the system of local self-government in the previous
years failed largely because of the extensive official control, and with public
opinion operating, with some few exceptions, as a negative rather than a positive
influence. The large towns showed more promise, the little market centres
ignored any need for public services. Rural scene remained even rudimentary.
Official control over rural bodies was more directly imposed than over urban
boards and the sway of the District Magistrate was absolute. Simultaneously lack
of funds and insufficient share in the management and administration of services
also attributed to the failure of rural boards. It was also mentioned that, there
was
no drastic change in local government after Ripon’s Resolution, as far as the
election criteria concerned, varied from province to province. For example, in the
province of U.P. three quarters of the members were elected. While in .N.W.F.P
all of the municipal boards were nominated. Financial matters were also finalized
by the District Magistrate. In addition, day-to-day administrative matters required
sanction from higher authorities. The most important aspect of the Resolution
was the ‘political education’ which was also highly affected by the official
domination. The obvious reason was that the municipalities have no role in their
local affairs because of the dictation by the District Magistrate.
So, in the words of Tinker, Indian local self-government was till in many
ways a democratic façade to an autocratic structure. The actual conduct of
business was carried by district officials, with the non-official members as

62
spectators, or at most critics. No proper system of local management over local
affairs had evolved.48
Rural bodies also showed more or less the same picture. Landlords were
least interested in local government. The apparent reason was their unawareness
with the English language and secondly they did not want to lose their privileges.
And the lower strata of society like peasants, minorities and the depressed classes
had no representation in local bodies at all.
The Royal Decentralization Commission submitted its report in 1909,
which reasserted the aims and objectives of the 1882 Ripon’s Resolution. It was
insisted that ‘the foundation of any stable edifice which shall associate the people
with the administration must be the village’. They strongly advocated that the
panchayat system must be re-established as the vehicle of new types of village
government. Their domain of functions expanded to the village sanitation, the
construction of minor public works, small civil and criminal cases, and the
building and management of village schools.
It was also put forwarded that there should be non-official elected
chairmen for urban bodies. The Commission also emphasized upon the
establishment of sub-district boards (taluka, tehsil) as the principal agencies of
local government to ensure the local knowledge and local interest, which was the
essence of Ripon’s Resolution as well. Construction of minor roads, primary
education and rural dispensaries etc. were included in their functions. The
Commission advised also that half the district level income be allocated to
subdistrict
boards to run their affairs. There was also provision for the acceptance of
63
district officer as constitutional head of the district board. In order to decrease
excessive official control, the commission recommended for the election of
chairman and for the majority of the members as non-officials, so that the
devolution of power and democratization of the local bodies could be possible.
The recommendation about district officer becoming chairman of district board
was only a confirmation of the existing practice. Except this, other
recommendations were not implemented.49
xiii- Resolution of 1915
The outbreak of World War I, stimulated the nationalist movement,
agitation and aggressive activities started demanding self-rule and independence.
Resultantly, in April 1915, Lord Hardinge’s administration issued a resolution
advocating the gradual implementation of the changes in the local bodies
recommended by Lord Ripon and the Royal Commission upon Decentralization.
Altogether neither the suggestions of the Commission nor the Resolution of 1915
had provoked any revolutionary changes in the field of local government rather
the old system of official control remained in vogue.
In the meantime the eruption of World War I (1914-1918) jeopardized
any advancement. As doctors, engineers, administrators, machinery and stores,
were utilized for war purpose. However, the furious struggle began to keep the
nationalists in check through piecemeal concessions, while officials hoped to
stem their growing popularity. Further local reform was plagued with the
growing issue of communal representation that eventually exploded in the
creation of Pakistan.50
xiv- Declaration of 1917

64
As the nationalist movement in India acquired impetus and the people
started agitations demanding independence and self-rule. In such state of affairs,
when the British government was under political and financial pressure, it was
forced to reconsider the recommendations of the Royal Commission upon
Decentralization and the Resolution of 1915. On the 20th August 1917, a policy
decision was made on Indians in all branches of administration and gradual
development of local government leading to progressive realization of
responsible government in India. In 1917, commenting on the decision, the
Viceroy, Lord Chelmsford said, there were three roads along which an advance
should be made towards the goal indicated in the (Secretary of State’s)
pronouncement. Of these, the first road was in the domain of local

selfgovernment,
the village or rural board and town or municipal council.51 In
September 1917, while addressing in the Imperial Legislative Council, the
Viceroy Lord Chelmsford declared:52
“The domain of urban and rural self-government is the great training ground from
which
political progress and a sense of responsibility have taken their start…it is time…
to
accelerate the rate of progress and thus to stimulate the sense of responsibility in
the average
citizen and to enlarge his experience”.
xv- Resolution of 1918
The Government of India’s proposals were issued as a Resolution in May
1918. Because of the prevailing situation, local government was thoroughly

65
considered along with the constitutional matters. Once again the
recommendations of the Decentralization commission were considered as the
basis for its program, and political education was given top priority for
departmental efficiency. It was that both urban and rural boards must be
constituted of majority of elected members should not exceed a quarter of the
total. There should be as far as possible, complete popular control in local bodies
and the largest possible independence for them of outside control. The boards
were free to raise or lower taxes within statutory limits. The boards were free to
provide local services without any dictation from provincial governments.
Following recommendations regarding the local government were
forwarded:53
i. The proportion of elected members in the local bodies may be raised to 3/4
rather than 2/3 as recommended by Ripon’s Resolution.
ii. It confirmed the recommendation of Ripon’s Resolution and Hardinge’s
Resolution about the non-official elected chairman of local bodies.
iii. The Panchayat, it emphasized, should not be integrated with district boards
and a portion of land revenue cess to be given to the boards may be shared by
panchayats.
xvi- Government of India Act, 1919
Montage-Chelmsford Report of 1918 was adopted by the British
Government through the Government of India Act, 1919. Under this Act, diarchy
system of government was introduced. As the Montague-Chelmsford Report of
1918 granted a greater degree of autonomy to the provinces. A Significant aspect
for local government, under this Report, was the system of diarchy under which
66
local government was declared as a transferred subject to be administered by a
63
Indian Minister, responsible to the provincial legislature. This change was
followed by a series of enactments in the field of local government. Various
provincial legislatures amended the municipal acts to increase the powers and
independence of municipal councils. Instead of nomination the element of
election was advocated. In October 1922, the local government ministry in the
Punjab announced its proposals for the reconstitution of local government bodies.
These included the introduction of elective principle in a number of
municipalities and the rising of the elected element as a general rule, a 75 percent
of the total number of members. Seats were distributed among the various
communities in proportion to their population, modified by their voting strength
so the principle of proportional representation of Muslim League was accepted.
vii- Rural Self-Government Act, 1921
The Rural self-Government Act of 1921, a product of the Report,
established district and sub-district councils for the entire Sub-continent, but the
comparatively advanced state of local government in Bengal was used to justify
similar reforms two years in advance of the Act. The Bengal Village and Self-
Government Act of 1919, constituted the most “complete system of rural
authorities” known to India prior to partition.54
Union Boards were established for roughly every 8,000 persons. Again a
mixed body of elected and nominated members was formed and local police
supervision and support was the major function. They appear to have taken root
and spread rapidly until nearly 1,600 existed in 1920, and they reached a peak in
67
their activity about 1930. Bengal was the only province that maintained district
boards after World War II.55
Similarly, the Punjab Town Improvement Act of 1922, the Punjab Small
Town Committee Act 1922, Panchayat Act of 1921 and Municipal Executive
Officers Act of 1931were passed in the Punjab. The N.W.F.P. had its Municipal
Committee Act in 1923. The Sind Acts, VII of 1938 and X of 1940, were
enacted, the former abolishing the nominations of local bodies and the later
inaugurating joint electorates in borough municipalities.56
Notwithstanding, the diarchy democratized the municipalities but in
general the diarchy ministers did not initiate any fundamental new contribution to
the development of local government; they adhered to the broad lines of change
laid down from 1918 to 1920. The diarchy period further led to confusion and
chaos. Undoubtedly the measures enunciated in the Montague-Chelmsford
Report and recommended in the Government of India Resolution were duly
implemented and thereby the municipal government had come to be constituted
on democratic lines. But simultaneously, with a measure of democratization,
there had occurred a decline in efficiency in administration of local affairs. The
working of municipal bodies during the period of diarchy presented neither a
picture of unrelieved failure more of unqualified success. In every province,
which a few local bodies have discharged their responsibilities with undoubted
success and others have been equally conspicuous failure, the bulk lies between
these extremes.57
As the Indian leadership was anxious to make the pattern of local
government more effective, its replacement with British bureaucracy initially

68
showed good results. The government was least concerned with local affairs. In
the forties, while in the Punjab there was progressive trend towards having more
and more non-official chairmen, Sind and N.W.F.P. had completely politicized
these positions and the two smaller provinces had stolen the march over the
Punjab. Although all the three provinces gave the respective provincial
governments the power to supersede the local bodies, this power was exercised
sparingly and with caution except in N.W.F.P.58
Diarchy influenced very little, neither brought any significant change in
the system of local government. Rather it further led to perplexity and chaos. As
before diarchy, the local government was supervised and functioned by the
district administration. With the establishment of diarchy, local authorities were
left without effective control and guidance of the district officials. In the words of
Inayatullah, that if the governments of the three provinces did not supersede
many local bodies on the basis of inefficiency did not mean that they were
functioning to their satisfaction. The report on the working of Municipalities in
Punjab of 1938-1939 noted.59
“It must be regretfully admitted that in the year under report, no appreciable
improvement in municipal administration has been achieved. The year’s record is

a
repetition of the same old depressing story of party faction, nepotism and lack of
civic responsibility. The members lack public spirit and are chiefly actuated by
personal motives with the result that public interests suffer.”
However, the functioning of the district boards was better than
municipalities. The evils of corruption, nepotism, inefficiency, though found here

69
also, were not allowed to go too far because of exercise of the official chairman.
But a common failure mentioned throughout in government reports, was the
inability of the boards to realize the professional tax and the property tax.
Administration of the boards in N.W.F.P. as well as in Sind shared the
weaknesses of the Punjab boards.60
During this, the Sind government, appointed a committee which reviewed
the conditions of local bodies, and made the following recommendations for their
improvement.61
i. In view of the poor financial conditions, the committee advised levying of new
taxes, giving ten percent of the land revenue to local bodies and imposition of
special cess.
ii. It specified that a minimum percentage of total expenditure of the local bodies
should be spent on education, public health and public works.
iii. Every district board and borough municipality should have a chief officer. The
key posts of local bodies should be placed under the Provincial Public Service
Commission.
iv. The local bodies should be taken from the control of the collector and the
commissioner, and placed under a commissioner of local government.
v. To democratize the exercise of control over local bodies by the proposed
commissioner, creation of a board to be called local self-government board
consisting of official and non-official members was suggested.
Before the diarchy, local government was subservient to district officers.
After diarchy, local bodies came in the jurisdiction of provincial governments
and thus of political parties. Consequently, local bodies were considered as an

70
apprehension to the supremacy of district administration. Shortly, the
complications created by the diarchy, lasted till the World War II in 1939.
xix- Government of India Act, 1935
A greater measure of provincial autonomy was introduced under the
Government of India Act of 1935. The enforcement of this Act gave further
momentum to the growth and development of municipal government in India.
The significant aspect of the Act was that, diarchy was repeated by popular
governments in the provinces. For the first time provinces were made separate
legal entities. Sind was separated from Bombay and the N.W.F.P. for the first
time got full provincial status. Legislation with regard to local government
became a provincial subject. Legislation process gained impetus in almost all the
provinces to enhance the administrative efficiency and to democratize the
municipal structure.
In Sind, Acts VIII of 1938 and X of 1940 abolished nominations in local
authorities and introduced joint-electorates in borough municipalities. In the
Punjab, the Panchayats Act (1932) was modified to make it more effective and
“Safai Weeks” were organized to clean up the villages and to educate the people
in the management of civic affairs.62
In Punjab, a new law known as the Punjab Village Panchayat Act, 1939
was passed to rejuvenate. Panchayat movement, but all elections were subjected
to the sanction of the assigned authority. These panchayats were vested with the
administrative a well as judicial functions. Similarly for municipal
administration, Lahore Corporation Act, 1941 was passed to ensure the higher
level of local self-government for the capital of the province.

71
In 1941, the Government of Sind constituted a committee to evaluate the
functioning of local bodies in the province and to recommend whether by means
of local government or otherwise to improve the administrative machinery. The
Committee proposed that the powers of the supervision and control should be
vested with a separate commissioner for local self-government.
In 1944, the Government of Bengal also appointed a committee for the
same purpose. The committee recommended for the abolition of nomination
system, for the establishment of Local Government Inspectorate under the Local
Government Ministry.
Though fitfully and unevenly, representation at least made, advances. In
1939, the India Statutory Commission was able to report.63
“There were in British India 812 municipalities apart from three corporations of
Bombay,
Calcutta and Madras. The boards of 812 municipalities had 13,275 members, of
whom all
but 738 were elected. There were only 6 boards which had official chairmen. On
the rural
side, board had 10,388 members of whom 7,791 (75%) were elected and only 10
boards had
official chairmen.”
Although the British Government took sporadic attempts to introduce
reforms and to stimulate the system of local government. But all these efforts
came to an end because of the outburst of the World War II in 1939. The whole
scenario was changed as the entire financial and administrative efficiency was
engaged in the War Agitations and communal riots started throughout India. At
72
the same time the Congress wanted to avail the opportunity for its own political
ends. So, the Congress Ministries constituted under 1937 elections, resigned in
protest against India’s involvement in the War without her consultation. Law and
order became major issue for the government. Consequently, Governor’s rule
was imposed in the provinces. As the communal riots led to the political
instability and administrative inefficiency, in the words of Rushbrook Williams.64
“Hindu Muslim feeling has clogged the whole machinery of local government. The
community to which the chairman does not happen to belong devotes all its
energies to the
task of obstruction.”
In such state of affairs, local government institutions were not duly
attended. The municipal bodies instead of providing civic amenities were
performing functions relating the practices in black-out raising voluntary
organizations for defence, increasing first aid etc. under the guidance and direct
supervision of the district administration.65
Conclusion
Thus, there was no earmarked progress since the establishment of these
local government institutions up to the period of provincial autonomy. In addition
to the administrative miscarriage of provincial governments, the political and
nationalist movements started during 1940s which also played vital role to
instigate the rural people for their participation in the political process.
Eventually, the people took part more enthusiastically for independence and
selfrule.
73
The representatives of the local bodies also diverted themselves from their
primary municipal functions to the national politics. It resulted in the division of
the Sub-continent into two independent states India and Pakistan. Thus, the
British left India in 1947, leaving the whole edifice of municipal government in
such a deteriorating condition
CHAPTER 5
LOCAL GOVT SYSTEM IN PAKISTAN SINCE 1958
Historical Overview
The Constitution of Pakistan establishes the state as a federal parliamentary

republic, comprising four provinces: Punjab (95 million), Sindh (41.3 million),
Balochistan (8.8 million) and Khyber Pakhtunkhwa (23.3 million). Administratively,
the country is divided into Districts, Tehsils (sub-districts) and Union Councils,
with each Union Council comprising a number of villages.
74
However, a universally acceptable form of the federation that guarantees a

balanced distribution of power among the federating units, including the local
governments, remains an elusive goal. Two factors have contributed to this. First,
it was not until 1958 (11 years after Pakistan's independence) that political
leaders and parties agreed on a constitution, which was subsequently amended
twice.
Second, the military took the country's reins at several critical junctures and
experimented with various forms of local government, primarily surrogates for a
parliamentary form of democracy.
Context and Key Questions
The revival of local governments continues to be debated, despite the fact t hat
the 18th Amendment to the Constitution of Pakistan has made it mandatory.
Article 140(A) of the Constitution explicitly states, "Each Province shall, by law,
establish a local government system and devolve political, administrative, and
financial responsibility and authority to the elected representatives of the local
governments." Moreover, sub-clause 2 of the same article stipulates that "Election
to the local governments shall be held by the Election Commission of Pakistan."
Since the country's political transition in 2008 and, particularly, after the passage
of the 18th Constitutional Amendment, the following trends are visible. First, the
provincial leaderships have reluctantly passed the LG laws and taken steps to hold
local elections. Second, the provinces have shown a preference for, and a
considerable degree of unanimity in, restoring the Commissioner system, whereby
the provincial governments manage local government functions directly through
the provincial bureaucracy, rather than continuing with the devolution reforms
elected by the previous LG Act of 2001. Third, demographic changes, and an
unprecedented rate of urbanisation, have made local governments a necessity
and not simply a choice. Fourth, there is growing awareness among civil societ y,
media and policy analysts that local governments are a must for effcient and
accountable governance. Finally, a series of landmark decisions and persistent
interventions by the higher judiciary have made it impossible for the provincial
governments to hold up the local government elections.
These trends raise several questions. Why have the provincial governments been
reluctant to revive the local governments? What has caused the return to the
Commissionerate system? Why do three provinces still lack a political consensus
75
on the main characteristics of the LG laws? What can be done to ensure that the
revival of the LG Acts improves governance, service delivery and citizens'
participation at the local level? In the following pages, I will address some of
these questions.
Basic Democracies Order 1959
In 1958, the military assumed power and chose to install local governments
through the Basic Democracies Order (1959). The military rulers found politics
divisive and cumbersome and responded to demands for 'provincial autonomy'
through centralisation, while seeking legitimacy through local governments. The
Basic Demands system was created as a substitute for universal suffrage and
served as an electoral college to elect the president and the legislative
assemblies.
In urban areas (towns with a population of less than 14,000), it created Municipal
Committees (MCs) and Union Committees (UCs), designed to perform 37 functions
ranging from social welfare to health and infrastructure. The MCs had limited
taxation powers and could levy taxes on vehicles and trade, whereas the UC had
no fiscal powers. Each UC had 6-10 elected members and its chairman was
elected as an ex-officio member of the MC. The chairman of the MC was
appointed by the provincial government or by the Commissioner.
In rural areas, the first tier of government was the Union Council (UC) that
consisted of a group of villages and performed 37 functions. Each UC elected a
chairman from amongst its members who also served as a member of the Tehsil
(sub- district ) Council (TC). The TC had no executive functions or taxation
powers, and its purpose was to coordinate the activities of UCs under its
jurisdiction. The next level was the District Council (DC), the electoral college of
which included chairmen of all UCs, TCs and MCs, removing the distinction
between urban and rural areas. The DC had 28 obligatory and 70 optional
functions, as well as the power to levy taxes. Its basic purpose was to coordinate
the activities of all the councils and committees under its jurisdiction.
Local Government Orders 1969 and 1979
Subsequent military regimes (1969-71 and 1977-88), adopted the same model of
promoting local government while maintaining centralised control at the federal
level. Thus, rather than a federal principle, the local government came to be
identified with the military regimes as an instrument of delegitimising the party
76
system and provincial autonomy, while trivialising political processes and power
sharing at multiple levels (federal, provincial and local).
The Local Government Order 1979 expanded the local governments and
empowered the Deputy Commissioners. This ordinance created four levels of
municipal government in the urban areas: Town Committees, Municipal
Committees, Municipal Corporations and Metropolitan Corporations. Members of
each council elect the senior officers of these councils and the controlling
authority is the elected house. In the rural areas the system provided for a three -
tier system of local government, where Union Councils, Tehsil or Taluka Councils
and District Councils came into existence. The chairmen of these councils were
elected by the members.
Local Government Ordinance 2001
The Local Government Ordinance (LGO) 2001 removed the urban -rural divide and
established local government at three levels: Union Council, Tehsil/Taluka Counci l
and District Council levels. The Union was the basic unit and the Union Nazims
(mayor)and Naib (deputy) Nazims, directly elected by the voters, became
members of the District and Tehsil Councils, respectively. The LGO did not
establish any hierarchical relationship between the local and provincial
governments, but networked the former with the National Reconstruction Bureau
and the President's office.
It devolved administrative, financial and development powers to the elected

officials in the local councils and all the government departments became
accountable to the District Council. The Deputy Commissioners were re -
designated as District Coordination Officers and subordinated to the District
Nazim for executive approvals, performance evaluations and transfers/postings.
The role of police oversight by the Deputy Commissioners was abolished and the
district police chiefs became directly accountable to the District Nazims.
The LGO changed the political and social landscape by bringing more than
150,000 people into the political arena and creating more than 6,000 councils.
According to one report, 38 percent of the newly elected councillors reported that
they had never contested an election, nor had anyone from their family. Another
important feature of the LGO 2001 was its allocation of reserved seats for women
(33 percent), minorities, professionals and peasants, although women's
participation was constrained in some parts of the country by the local jirgas,
tribal leaders, and biradaries.
77
Finally, the LGO provided for several forums, such as District Monitoring
Committees, to oversee the work of government departments, Citizens
Community Boards to allow direct citizen participation in designing and
overseeing development schemes, Musalehat-e-Anjumans (consultative bodies)
for alternate dispute resolution, and Citizen Police Liaison Committees for
promoting rule of law and protection of rights.
Military and Civil Service Involvement in Local Governments
The military regimes in Pakistan have generally favoured reliance on local

government for at least three reasons: first, political exclusion of the incumbents
by changing the rules of the game; second, alliance with the bureaucracy to
manage the centralised and hierarchical structures; and, third, creating a political
elite by introducing new politicians through the local government laws.
The impact of the three local government laws and elections has been different
and nuanced. The BD 1959 revived and consolidated the prestigious Civil Service
of Pakistan (CSP), whereby the District and the Deputy Commissioners became
the lynchpins of the regime and pursued politics of patronage and the
development goals of the regime.
Under the military regime of Field Marshal Ayub Khan (1958-69), the military
governed and the CSP ruled. That also led to the creation of a new set of political
elites, who became members of the 80,000-strong BD system (later raised to an
electoral college of 120,000). However, with the downfall of the military regime,
the CSP also came under criticism. The 1969 mass movement and protests also
tarnished the glory and image of the bureaucracy in general, but particularly the
CSP.
The Civil Services Reforms of 1973 under Prime Minister Zulfikar Ali Bhutto (1971 -
77) further eroded the power and prestige of the CSP, who were now labelled as
the District Management Group (DMG).
General Zia-ul-Haq, who assumed power by dismissing the government of Zulfikar

Ali Bhutto in July 1977, sought legitimacy again through the Local Government
Ordinance 1979. The regime revitalised the districts, while delegitimising politics
at the national and provincial levels, and resuscitated local government (elections
78
were held in 1979, 1983 and 1987). During this period, the CSP and the DMG
were able to rehabilitate their positions both in the policy arena and in the
districts.
When General Musharraf seized power in October 1999, the military regime
sought the international community's support by promising a return to
democracy, improved governance, and reforms in the social and economic
sectors. The local government plan emphasised the 1973 Constitution by invoking
the separation of the executive and judiciary. It sought to reduce the role of the
CSP, particularly the DMG, by restructuring the civil service at the distri ct level
and subordinating it to the elected representatives.
The offices of Division Commissioner and District Commissioner (DC) were

abolished and their roles and functions were distributed to the District
Government headed by the elected mayor (Nazim) and including a District
Coordination Officer (DCO) who reported to the Nazim. The magisterial powers of
the DC were withdrawn and given to the judiciary and police. The role of police
oversight formerly held by the DC was abolished and the responsibility of law and
order was entrusted to the Nazims.
Analysis Of Local Governments Acts Of 2013
In accordance with the 18th Amendment to the Constitution, the provincial

assembly of Balochistan passed the LG Act in 2010, whereas the provincial
assemblies of Punjab, Sindh and Khyber Pakhtunkhwa passed their LG Acts in
2013. Despite a lack of enthusiasm, and due consultation during the formulation
stage, the passage of the LG Acts is a significant milestone.
However, the credibility of these laws is affected by the fact that certain parts of
the LG Acts of Punjab, Sindh and Khyber Pakhtunkhwa have been challenged by
the opposition parties in various courts. One striking feature of all four LG Acts, in
comparison with the LGO 2001, is that none of the Acts devolves sufficient
functions and powers to the local governments, and all four provincial
governments have retained the authority to suspend or remove the heads of an
elected local government. The functioning of the Local Government Fund is
managed by the Finance Department and Finance Minister of the province.
Structure and Constituency Delimitation

79
All four LG Acts provide for local government elections on a party basis. Punjab,
Sindh and Balochistan will have Union Councils and District Councils in the rura l
areas and Union Councils/Committees and Municipal Committees in the urban
areas. The Khyber Pakhtunkhwa LG Act also provides for Tehsil Councils and
Village Councils in the rural areas and Neighbourhood Councils in the urban areas.
Constituency delimitation and maintaining territorial unity are critical issues in

electoral politics, and this process can be used for gerrymandering. The LG Acts
of Punjab, Sindh and Khyber Pakhtunkhwa allow for discretion by the provincial
government to change, exclude, include and redesign a constituency.
The Punjab and Sindh LG Acts emphasise the preservation of a Union Council's
territorial integrity as far as possible, that the population of a UC in a District
should be uniform, and that a UC should not cross the boundaries of a Revenue
Taluka.
The Balochistan LG Act authorises the provincial government to define and delimit
the number of wards. The Khyber Pakhtunkhwa LG Act also provides for a
Delimitation Authority, which bodes well for the local governments provided the
composition and membership is balanced and allows broader representation and
participation.
However, the delimitation of constituencies carried out under the auspices of the
Sindh and Punjab governments has been recently declared illegal following
judgments handed down by the Sindh and Lahore High Courts, respectively.
Term Limits And the Electoral Process
The LG Acts of 2013 are not consistent on the term limits of the local
governments. Punjab provides for a term of five years, Sindh and Balochistan of
four years, and Khyber Pakhtunkhwa of three years.
The electoral process also varies across provinces. Punjab provides for direct
elections for the posts of Chairmen and Vice-Chairmen of the Union Councils,
whereas Sindh envisages indirect election of Chairman and Vice-Chairman of
Union Council from a panel of nine Councillors elected to the general and
reserved seats.
80
In both Punjab and Sindh, the heads of District Councils will be chosen indirectly
through an electoral college comprising all members of the respective council.
Khyber Pakhtunkhwa provides for direct elections of members for all seats
(reserved and non-reserved) in the Village and Neighbourhood Councils. In
Khyber Pakhtunkhwa, the reserved seats for women, peasants, youth and
minorities will be filled through proportional representation by the political parties
on the basis of the number of seats won.
Fiscal Devolution
All four LG Acts provide for the establishment of Provincial Finance Commissions
(PFC), headed by the provincial Finance Ministers. The local councils would
receive allocations through the respective Provincial Finance Commission
Awards, and would have limited powers to impose taxes or exercise regulatory
functions. The Khyber Pakhtunkhwa Act provides greater fiscal autonomy to the
local government, as it empowers Village and Neighbourhood Councils to
supervise all local government functionaries including revenue officials in their
jurisdiction. All four LG Acts require audits of the local councils by the Office of
the Auditor General.
Relations between Local and Provincial Governments
The LG Acts of all four provinces tend to subordinate the local governments to the
provincial governments. They allow the Chief Ministers to dismiss a local
government or head of council and appoint officeholders after the dismissal of
council heads. In Punjab, the government can suspend local 8 government
officials for 90 days, in Sindh for 6 months, and in Khyber Pakhtunkhwa and
Balochistan for 30 days. During and after this period the dismissed officials can
file review petitions to the provincial governments.
The Punjab and Balochistan LG Acts state that the District Councils will function
under the directives of the provincial government, giving the provincial
government leverage over the local governments. The Khyber Pakhtunkhwa and
Sindh Acts give greater autonomy to the provincial governments to supervise and
inspect local governments.
While all the LG Acts devolve the key service delivery functions to local
governments, provinces have made exceptions to retain large entities such as the
81
Karachi Water and Sewerage Board, Sindh Building Control Authority, Lahore
Development Authority (LDA), and Solid Waste Management (SWM), etc.
The LG Act of Punjab provides for the creation of education and health
authorities, comprising members from the provincial government, local
governments, technocrats and the private sector. The Chief Minister will be the
appointing authority and can dismiss the heads of the authority or dissolve the
authorities.
Consultation, Arbitration And Conflict Resolution
Each of the four LG Acts provide for the establishment of Local Government
Commissions (LGC), headed by the provincial Minister for Local Government and
including members from the provincial assembly, bureaucracy and technocrats. In
Balochistan the commission is named the Divisional Coordination Committee. The
LGCs perform inspections, social audits and dispute resolution for councils and
submit reports and recommendations to the provincial gove rnment.
All four provinces authorise the Union, Village and Neighbourhood Councils to
constitute panels of Councillors to facilitate out of court dispute resolution. Punjab
allows a nine member Panchayat (assembly chosen by the local community) in
rural areas and Musalehat-e-Anjuman in urban areas, including two women
members nominated by the provincial government. Balochistan allows for three -
member Musalehate- Anjumans in both rural and urban areas. Khyber
Pakhtunkhwa allows Union, Town, Tehsil and District councils to establish
complaint cells to address citizens' grievances.
In Punjab, Sindh and Balochistan, the police are not under the local government,
whereas in Khyber Pakhtunkhwa the Village and Neighbourhood Councils have
powers to supervise the police and make recommendations to the district
government
82
M.ISHFAQ ADVOCATE
THE SERVICE OF HUMANITY IS THE HIGHIEST ACT OF DEVOTION
CHAPTER 6
KPK LOCAL GOVT ACT 2013
83
TABLE OF CONTENTS
Chapter ..................................................................................................................................... Page#
CHAPTER – I INTRODUCTION ......................................................................................................................2
CHAPTER – II LOCAL AREAS AND CONSTITUTION OF LOCAL GOVERNMENTS ....................................5
CHAPTER – III DISTRICT GOVERNMENT.....................................................................................................8
CHAPTER – IV DISTRICT COUNCIL ..............................................................................................................9
CHAPTER – V TEHSIL AND TOWN MUNICIPAL ADMINISTRATION .........................................................11
CHAPTER – VI TEHSIL COUNCIL ................................................................................................................14
CHAPTER – VII VILLAGE AND NEIGHBOURHOOD COUNCILS ................................................................15
CHAPTER – VIII LOCAL GOVERNMENT FINANCE ....................................................................................18
CHAPTER – IX LOCAL GOVERNMENT PROPERTY ..................................................................................22
CHAPTER – X LOCAL GOVERNMENT TAXATION .....................................................................................24
CHAPTER – XI PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS ..................................25
CHAPTER – XII SUPERVISION OF LOCAL GOVERNMENTS ....................................................................27
CHAPTER – XIII LOCAL GOVERNMENT RESPONSIBILITY FOR ENFORCEMENT OF LAWS ................31
CHAPTER – XIV LOCAL COUNCIL ELECTIONS .........................................................................................34
CHAPTER – XV MANAGING TRANSITION .................................................................................................45
CHAPTER – XVI MISCELLANEOUS .............................................................................................................46
SCHEDULES
First Schedule ........................................................................................................................... 50
Second Schedule ......................................................................................................................52
Third Schedule ..........................................................................................................................54
Fourth Schedule ........................................................................................................................56
Fifth Schedule ........................................................................................................................... 59
Sixth Schedule .......................................................................................................................... 63
Seventh Schedule .....................................................................................................................64
Annexure ...................................................................................................................................66
*****
1
An
Act
to construct and regulate local government institutions in the

Province of the Khyber Pakhtunkhwa and to consolidate laws
relating to these institutions and to provide for matters
connected therewith and ancillary thereto.
WHEREAS it is expedient to encourage local government institutions

composed of elected representatives and having special representation of peasants,
workers, women, minorities and youth;
AND WHEREAS clause (i) of Article 37 of the Constitution of the Islamic

Republic of Pakistan, as a principle of policy, requires decentralization of
government administration so as to facilitate expeditious disposal of its business to
meet the convenience and requirements of the public;
AND WHEREAS clause (1) of Article 140A of the Constitution of the Islamic
Republic of Pakistan, provides for establishment of a local government system and
devolution of political, administrative and financial responsibility and authority to the
elected representatives of the local governments;
AND WHEREAS for the purposes aforesaid it is necessary to re-organize the

local government system in the province of the Khyber Pakhtunkhwa and
consolidate laws relating to these institutions;

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CHAPTER – I
INTRODUCTION
1. Short title, extent and commencement.---(1) This Act may be called the
Khyber Pakhtunkhwa Local Government Act, 2013.
(2) It extends to the whole of the province of the Khyber Pakhtunkhwa

except, areas notified as cantonments or any other area excluded by Government
through notification in the official Gazette.
(3) It shall come into force on such date as Government may, by

notification appoint, and different dates may be appointed for different provisions of
this Act.
2. Definitions.---In this Act, unless the context otherwise requires,-
(a) “building” includes any shop, house, hut, out-house, shed, stable
or enclosure built of any material and used for any purpose, and
also includes a wall, well, verandah, platform, plinth, ramp, stair-
case and steps;
(b) “building line” means a line beyond which the outer face or any
part of an external wall of a building may not project in the
direction of any street, existing or proposed;
(c) “cattle” includes cows, buffaloes, bulls, oxen, bullocks, calves,

camels, heifers, sheep and goats;
(d) “conservancy” means the collection, treatment, removal and

disposal of refuse;
(e) “devolution” means conferment by Government of its

administrative and financial authority for the operation,
management and control of specified offices of Government to
the local governments;
(f) “district” means a revenue district notified under the West

Pakistan Land Revenue Act, 1967 (W.P. Act No. XVII of 1967);
(g) “drain” includes a sewer, a house drain, a drain of any other

description, a tunnel, a culvert, a ditch, a channel or any other
device for carrying sullage or rain water;
(h) “erect or re-erect a building” means the construction of a new

building and includes such material alterations of building as
enlargement of any wall, verandah, fixed platform, plinth or a
part of the building, structural conversion into one or more
places for human habitation of a building not originally meant for
the purpose, structural conversion of two or more places of
human habitation into a greater number of such places, addition
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of any rooms, building substance or other structure to a building,

re-construction of whole or any part of the external walls of a
building or the renewal of the parts of a wooden building,
construction in a wall adjoining any street or land not belonging
to the owner of the wall, construction of a door opening to such
street or land, such alteration of the internal arrangements of a
building as affects its drainage, ventilation or other sanitary
arrangements or its security or stability;
(i) “factory” means a factory as defined in “The Khyber

Pakhtunkhwa Factories Act, 2013 (Act No. XVI of 2013)”;
(j) “Government” means the Government of Khyber Pakhtunkhwa;
(k) “land” includes land which is being build up or is built up or is

covered with water or is under cultivation or is fallow;
(l) “local area” means an area specified in Chapter-

II;
(m) “local council” means a District Council, Tehsil Council, Town

Council, Village Council or, as the case may be, Neighbourhood
Council;
(n) “mal-administration” means and includes-
(i) an omission or commission, a decision, process or

recommendation, which is contrary to law, rules, or
regulations or is a departure from established practice or
procedure or is arbitrary, biased, discriminatory,
oppressive, perverse, unjust or unreasonable or is based
on irrelevant grounds; or
(ii) involves the exercise of powers or the failure or refusal to

do so, for corrupt or improper motives, such as
administrative excess, bribery, favoritism, jobbery and
nepotism; or
(iii) delay, inaction, incompetence, inefficiency, ineptitude or

neglect in the administration or discharge of duties and
responsibilities; or
(iv) repeated notices, prolonged hearings or unnecessary

attendance while deciding cases; or
(v) voidance of disciplinary action against an officer or official

whose action is held by a competent authority to be
biased, capricious, patently illegal or vindictive;
(o) “market” means a place where persons assemble for the sale
and purchase of meat, fish, fruit, vegetables or any other article
of food or for the sale and purchase of livestock or animals and
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includes any place which may, from time to time, be notified as

market;
(p) “mauza” means a revenue estate declared under the West

Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967);
(q) “misconduct” means transgression of prescribed code of

conduct or dereliction from duty or deliberate unlawful behavior
or violation of law or rules or lawful directions or orders of
Government and includes-
(i) gross negligence in performance of duties with manifest

wrongful intent or evil design; or
(ii) an act that results in wrongful gain to any person by

wrongful application of law; or
(iii) making or managing appointment, promotion or transfer

of an officer or official in violation of law or rules or for
extraneous consideration; or
(iv) bribery, corruption, robbery, favoritism, nepotism or willful

diversion of the fund of the local government;
(r) “municipal services” include intra-city network of water supply,

sanitation, conservancy, removal and disposal of sullage,
refuse, garbage, sewer or storm water, solid or liquid waste,
drainage, public toilets, express ways bridges, flyovers, public
roads, streets, foot paths, traffic signals, pavements and lighting
thereof, public parks, gardens, arboriculture, landscaping, bill
boards, hoardings, fire fighting, land use control, zoning, master
planning, classification, declassification or reclassification of
commercial or residential areas, markets, housing, urban or
rural infrastructure, environment and construction, maintenance
or development thereof and enforcement of any law or rule
relating thereto;
(s) “Neighbourhood” means a mohallah, a group of streets, lanes or

roads, in areas with urban characteristics, designated as
Neighbourhood by Government;
(t) “nuisance” includes any act, omission, place or thing which

causes or is likely to cause injury, danger, annoyance or offence
to the sense of sight, smell or hearing or which is or may be
dangerous to life or injurious to health or property;
(u) “peasant” means a person who is a landless farm worker or, one
who during the period of five years preceding the year in which
election is held, has been the owner of not more than five acres
of land and depends directly on it for subsistence living;
(v) “prescribed” means prescribed by rules;

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(w) “prohibited zone” means any area or areas within a district

declared as prohibited zone by a public notice by the concerned
district government for the purposes of this Act;
(x) “province” means the province of Khyber Pakhtunkhwa;
(y) “refuse” includes rubbish, offal, night-soil, carcasses of animals,

deposits of sewerage, waste and any other offensive matter;
(z) “rent” means whatever is by law payable in money or kind by a

tenant or lessee on account of the occupation of any building or
land or use of any machinery, equipment or vehicle;
(aa) “rules” means rules made under this Act;
(bb) “schedules” mean schedules appended to this Act;
(cc) “specify” means specified by Standing Orders of Government;
(dd) “street line” means a line dividing the land comprised in, and
forming part of a street from the adjoining land;
(ee) “sullage” includes sewerage, polluted water, rain water and any
other offensive matter carried by a drain;
(ff) “tax” includes any cess, fee, rate, toll or other charge leviable
under this Act;
(gg) “tehsil” means a Tehsil notified under the West Pakistan Land
Revenue Act, 1967 (W.P. Act No. XVII of 1967);
(hh) “town” means an area notified by the Government under section-

9 to be a Town in a City District;
(ii) “village” means an integrated and contiguous human habitation

commonly identified by a name and includes a Dhok, Chak,
Kalay, Goth, Gaown, Deh, Basti or any other comparable
habitation;
(jj) “worker” means a person directly engaged in work or is

dependent on personal labour for subsistence living and
includes a worker as defined in the Khyber Pakhtunkhwa
Industrial Relations Act, 2010 (Act No. XVI of 2010).
3. Local governments to work within the provincial framework.---(1) The

local governments established under this Act shall function within the provincial
framework and shall faithfully observe the federal and provincial laws.
(2) In the performance of their functions, the local governments shall not
impede or prejudice the exercise of the executive authority of Government.
6
CHAPTER – II
LOCAL AREAS AND CONSTITUTION OF LOCAL GOVERNMENTS
4. Local areas for local governments.--- For the purpose of this Act Village,
Neighbourhood, Tehsil, Town, District and City District shall be local areas for local
governments.
5. Constitution of local governments.---(1) Subject to other provisions of this

Act, local governments constituted under this Act shall be:
(a) a City District Government for district Peshawar;
(b) a District Government for a district other than Peshawar;
(c) a Tehsil Municipal Administration for a Tehsil;
(d) a Town Municipal Administration for a Town in the City District;
(e) a Village Council for a village in the rural areas; and
(f) a Neighbourhood Council for a Neighbourhood in areas with

urban characteristics.
(2) Government may, by notification in official Gazette, specify the name

by which a local government shall be known and unless so specified, it shall be
known as the local government of the place where its office is situated.
(3) Save as otherwise provided in this Act, every local government shall be
competent to acquire, hold or transfer any property, movable and immovable, to
enter into contract and to sue or be sued in its name, through officer designated in
this regard.
(4) Government shall prescribe rules of business for local governments

notifying structure and working of local government administration, groups of offices,
allocation of business, appointment, posting, promotion and transfer of officers and
officials, performance evaluation, channels of communication, coordination of local
council business, consultation between offices and incidental matters for smooth and
efficient disposal of official business.
6. Delimitation of Village Council and Neighbourhood Council.---(1) A

village council shall be an area comprising one or more muaziaat or, in the case of
an area where revision of settlement under the law has not been taken, one or more
census villages;
(2) In the case of an area with urban characteristics, a neighbourhood

council shall be an area comprising a whole number of population census blocks as
delimited for the purpose of last preceding census or a combination of whole number
of census blocks and a whole number of muaziaat, notified as such by Government:
Provided that, as far as may be,-

7
(a) the area of a village and neighbourhood council shall be a territorial

unity;
(b) the boundaries of a village and neighbourhood council shall not cross
the limits of a tehsil;
(c) the area of a village council shall comprise a whole number of patwar
circles, or a patwar circle may contain a number of whole village
councils;
(d) the area of a neighbourhood council shall comprise a whole number of

census blocks as delimited for the purpose of the preceding population
census or a whole number of muaziaat or a combination of a whole
number of census blocks and muaziaat; and
(e) the population of village and neighbourhood council within a district

shall range between 2,000 to 10,000 calculated on the basis of last
preceding population census officially published:
Provided further that in a specific case, Government may, for reasons

to be recorded, waive the aforesaid conditions.
7. Delimitation of Tehsils and Districts.---Government shall, by notification in

the official Gazette, declare tehsils and districts notified under the West Pakistan
Land Revenue Act, 1967 (W.P. Act XVII of 1967), to be tehsils or, as the case may
be, districts under this Act.
8. Provisions of District apply to City District.---Save as otherwise provided

in this Act, the provisions relating to District shall, mutatis mutandis, apply to City
District and any reference in these provisions to Nazim District Council, Naib Nazim
District Council, District Government and District Council shall, respectively, be read
as reference to Nazim City District Council, Naib Nazim City District Council, City
District Government and City District Council respectively.
9. Setting up of a Town.---(1) Government may, by notification in the official

Gazette, declare a whole number of contiguous village councils and neighbourhood
councils to be a town in the city district under this Act.
(2) Government shall, by notification in the official Gazette, declare every

Town referred to in sub-section (1) to be a Tehsil or Sub-division for the purpose of
this Act.
(3) Save as otherwise provided in this Act, the provisions relating to Tehsil
shall, mutatis mutandis, apply to Town and any reference in these provisions to
Nazim Tehsil Council, Naib Nazim Tehsil Council, Tehsil Municipal Administration
and Tehsil Council shall, respectively, be read as reference to Nazim Town Council,
Naib Nazim Town Council, Town Municipal Administration and Town Council.
10. Delimitation Authority and principles of delimitation.---(1) Government

shall, by notification in the official Gazette, constitute a Delimitation Authority for
delimitation of village councils, neighbourhood councils and territorial wards for
general seats to tehsil, town and, as the case may be, district councils.
8
(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.
(3) As far as may be, the wards for elections to the same council shall be
equal among themselves in population.
CHAPTER – III DISTRICT

GOVERNMENT
11. Composition of District Government.---(1) In every district, there shall be a

district government which shall consist of a district council and district administration
made up of the devolved offices.
(2) Executive Authority of district government shall vest in Nazim, district

council and he/she shall be responsible to ensure that the business of the district
government is carried out in accordance with this Act and other laws for the time
being in force.
12. Devolution and grouping of offices.---(1) On commencement of this Act,

the organization, functions, administration and financial management of local
councils in the province shall come under the administrative and financial control of
the successor local governments as provided in section 121 of this Act.
(2) On the commencement of this Act, the administrative and the financial
authority for the management of the offices of Government, specified in the first
Schedule in a District shall stand devolved to the District Government of that District.
(3) The Government may, in addition to the offices specified in sub-

section (2), setup other offices specified in Part-B of the First Schedule in the city
district.
13. Authority and responsibility of District Government.---(1) The authority of

district government shall comprise the operation, management and control of offices
of the departments which are devolved to it; provided that district government shall
exercise such authority in accordance with general policy of Government.
(2) Every order in district government shall be expressed to be made in the

name of the district government and shall be executed by a duly authorized officer.
(3) The district government shall be responsible to the people and the
Government for improvement of governance and delivery of services within the ambit
of authority devolved to it.
14. Functions and Powers of the Nazim, District Council.--- The functions and
powers of Nazim, district council shall be to-
(a) provide vision for district-wide development, leadership and

9
direction for efficient functioning of district government;
(b) develop strategies and timeframe for accomplishment of goals

approved by district council;
(c) ensure implementation of devolved functions and maintain

administrative and financial discipline;
(d) oversee formulation and execution of the annual development

plan;
(e) present budget proposals to district council for approval;
(f) present to district council bi-annual reports on the performance of

offices of district government;
(g) call for quarterly reports from Government departments in the

district, other than those devolved to district government, present
them to district council and forward them to Government along
with recommendations of district council and his comments for
consideration and action;
(h) initiate inspections of tehsil municipal administration, village

councils and neighbourhood councils in the district;
(i) issue executive orders to officers-in charge of the devolved

departments for discharge of their functions;
(j) represent district government on civic and ceremonial occasions;

and
(k) perform any other function as may be assigned to him by

Government.
15. Personal responsibility of Nazim, District Council.--- Nazim District

Council, shall be personally responsible for any loss flowing from decisions made by
him personally or under his directions in violation of this Act or any other law for the
time being in force and for any expenditure incurred without lawful authority.
16. Disciplinary powers of the Nazim, District Council.---Nazim District

Council shall have powers to take disciplinary action against functionaries in district
government under efficiency and disciplinary rules prescribed in this regard.
CHAPTER – IV
DISTRICT COUNCIL
17. Composition of the District Council.---There shall be a District Council in

each district which shall consist of general seats, seats reserved for women,
peasants and workers, youth and non-muslims as provided in Part-A of Second
Schedule to this Act.
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18. Functions and powers of the District Council.---The functions and powers
of the district council shall be to-
(a) approve bye-laws for performance of functions devolved to

district government;
(b) approve taxes on subjects provided in this Act;
(c) approve long term and short term development plans, annual
and supplementary budgetary proposals of district government
including proposals for changes in the schedule of
establishment for devolved offices and, where required, intra-
district fiscal transfers;
(d) elect Standing Committee of the district council for each office of
district government to oversee matters and service delivery
obligations assigned to the office and report to the district
council its findings on efficiency, responsiveness, service
delivery standards and performance of the respective office for
review;
(e) elect Finance Committee of the district council for examination

of tax and budget proposals, re-appropriations and
supplementary grants;
(f) elect District Accounts Committee to scrutinize the accounts

showing appropriations of sums granted by the district council
for expenditure of the district government, audit reports,
statement of income and expenditure and such other matters as
the district council may refer to it;
(g) elect a Committee on Conduct of Business to consider matters

regarding procedure and smooth conduct of business in the
district council;
(h) elect District Committee on Assurances to scrutinize reports on

implementation of assurances, promises and undertakings given
to the district council;
(i) elect a Code of Conduct Committee to oversee the observance

of code of ethics by the members;
(j) constitute joint committees of village and neighbourhood

councils for overseeing working of Government offices, district
government offices and municipal offices providing services in
their areas;
(k) make recommendations for enhancement of care for disabled,

disadvantaged and marginalized segments;
(l) review reports presented by the Nazim, district council; and
(m) review reports and recommendations of District Accounts

11
Committee on the accounts of district government.
19. Functions of District Council in City District.--- In addition to the functions

specified in section 18, the district council in a city district shall perform the following
functions, namely:
(a) approve master plans, zoning, land use plans, including

classification and reclassification of land, environment control,
urban design, urban renewal and ecological balances;
(b) review implementation of rules and bye-laws governing land use,

housing, markets, zoning, environment, roads, traffic, tax,
infrastructure and public utilities;
(c) approve proposals for public transport and mass transit systems,
construction of express ways, fly-overs, bridges, roads, under
passes, and inter-town streets;
(d) approve development schemes for beautification of areas along

rivers; and
(e) review development of integrated system of water reservoirs, water

sources, treatment plants, drainage, liquid and solid waste disposal,
sanitation and other municipal services.
20. City District Council to approve certain plans for the Towns.---In case of
a town in the city district, the city district council shall perform the functions of
approval of such macro municipal plans as may be notified by city district
government.
CHAPTER –V
TEHSIL AND TOWN MUNICIPAL ADMINISTRATION
21. Composition of Tehsil Municipal Administration.---(1) In every tehsil there

shall be a tehsil municipal administration which shall consist of the tehsil council,
tehsil municipal officer, municipal officers and other officials of the local council
service.
(2) The Executive Authority of tehsil municipal administration shall vest in

the Nazim, tehsil council and he shall be responsible to ensure that the business of
tehsil municipal administration is carried out in accordance with this Act.
22. Functions and powers of Tehsil Municipal Administration.---The functions

and powers of tehsil municipal administration shall be to-
(a) monitor and supervise the performance of functionaries of

Government offices located in the tehsil and hold them
accountable by making inquiries and reports to the district
government or, as the case may be, Government for
12

13
(b) prepare spatial plans for the tehsil including plans for land use
and zoning and disseminate these plans for public enquiry;
(c) execute and manage development plans for improvement of

municipal services and infrastructure;
(d) exercise control over land-use, land-subdivision, land

development and zoning by public and private sectors for any
purpose, including for agriculture, industry, commercial markets,
shopping centers; residential, recreation, parks, entertainment,
passenger and freight transport and transit stations;
(e) enforce municipal laws, rules and bye-laws;
(f) prevent and remove encroachments;
(g) regulate affixing of sign-boards and advertisements;
(h) provide, manage, operate, maintain and improve municipal

services;
(i) prepare budget, long term and annual municipal development

programmes;
(j) maintain a comprehensive data base and information system on

services in the tehsil, municipal record and archives and provide
public access to it on nominal charges;
(k) collect taxes, fines and penalties provided under this Act;
(l) organize sports, cultural, recreational events, fairs and shows;
(m) organize cattle fairs and cattle markets;
(n) co-ordinate and support municipal functions amongst village and

neighbourhood councils;
(o) regulate markets and services, issue licenses, permits, grant

permissions and impose penalties for violation thereof;
(p) manage municipal properties, assets and funds;
(q) develop and manage schemes, including site development in

collaboration with district government;
(r) authorize officers to issue notice, prosecute, sue and follow up

criminal, civil and recovery proceedings against violators of
municipal laws; and
(s) prepare financial statements and present them for audit.

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23. Functions and powers of the Nazim, Tehsil Council.---(1) The functions of
the Nazim, tehsil council shall be to-
(a) provide vision for tehsil-wide development, leadership and

direction for efficient functioning of municipal administration and
tehsil based offices of Government;
(b) formulate strategies for infrastructure development, improvement

in delivery of services and implementation of laws;
(c) oversee formulation and implementation of long term and annual

development programmes at tehsil level;
(d) present budget proposals for approval of tehsil council;
(e) prepare and present report on the performance of municipal

administration in tehsil council at least twice a year;
(f) call for quarterly reports from tehsil based offices of Government,
present them to tehsil council and forward them to district
government or, as the case may be, Government along with
recommendations of tehsil council and his comments for
(g) supervise utilization of funds allocated to tehsil municipal

administration; and
(h) represent tehsil municipal administration on civic and ceremonial

occasions.
(2) The Nazim, tehsil council shall be personally responsible for any loss
flowing from decisions made by him personally or under his directions in violation of
any provisions of this Act or any other law for the time being in force and for any
expenditure incurred without lawful authority.
(3) The Nazim, tehsil council may, and if directed by the Government shall-
a) create and supervise special units for management and

administration of municipal services in the jurisdiction of erstwhile
municipal committees, and other areas having urban
characteristics, in the tehsil;
b) notify representation of the local people for oversight and control by

clustering the Nazimeen of contiguous neighbourhood councils in
the units so created; and
c) ensure appropriate allocation of human and financial resources to

support municipal services in the units.
(4) Nazim tehsil council shall have powers to initiate disciplinary action
against functionaries in the tehsil municipal administration under efficiency and
discipline rules applicable to the employees of local council service and servants of
the local councils.
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CHAPTER – VI
TEHSIL COUNCIL
24. Composition of Tehsil Council.---There shall be a tehsil council in each

tehsil which shall consist of general seats, seats reserved for women, peasants and
workers, youth and non-muslims as provided in Part-B of Second Schedule to this
Act.
25. Functions and powers of Tehsil Council.---The functions and powers of

tehsil council shall be to-
(a) approve taxes, fines and penalties proposed by the Nazim, tehsil
council;
(b) approve bye-laws for delivery of municipal services;
(c) approve annual budget and appropriations for tehsil municipal

administration;
(d) approve long and short term development plans;
(e) approve land use, zoning and master plan of the tehsil,
development and maintenance programmes proposed by the
tehsil municipal administration;
(f) elect Standing Committees of the tehsil council for municipal

offices, tehsil based offices and sub-offices of devolved functions
to oversee matters and service delivery obligations assigned to
municipal offices, offices and sub-offices of devolved functions in
the tehsil and report to the tehsil council their findings on
efficiency, responsiveness, service delivery standards and
performance of the respective offices for review;
(g) elect Finance Committee of the tehsil council for examination of

tax and budget proposals, re-appropriations and supplementary
grants;
(h) elect Tehsil Accounts Committee to scrutinize the accounts

showing appropriations of sums granted by the tehsil council for
expenditure of tehsil municipal administration, audit reports,
statement of income and expenditure and such other matters as
the tehsil council may refer to it;
(i) elect a Committee on Conduct of Business to consider matters

regarding procedure and smooth conduct of business in the tehsil
council;
(j) elect Tehsil Committee on Assurances to scrutinize reports on

implementation of assurances, promises and undertakings given
to the tehsil council;
16
(k) elect a Code of Conduct Committee to oversee the observance of

code of ethics by the members;
(l) review the reports and recommendations of Tehsil Accounts

Committee; and
(m) review the performance reports presented by the Nazim, tehsil

council.
CHAPTER – VII
VILLAGE AND NEIGHBOURHOOD COUNCILS
26. Establishment of Village Council and Neighbourhood Council.---Within

sixty days, after the commencement of this Act, Government shall, by notification in
the official Gazette, constitute and notify village and neighbourhood councils in all
districts.
27. Composition of Village Council and Neighbourhood Council.---(1) Every

village council and neighbourhood council, shall comprise of ten to fifteen following
members:-
(a) five to ten members, determined on the basis of population,

elected to general seats;
(b) two members elected to seats reserved for women;
(c) one member elected to seat reserved for peasants and workers;
(d) one member elected to seat reserved for

youth; and
(e) one member elected to seat reserved for non-muslims.
(2) The village council or the neighbourhood council, as the case may be,
shall be a multimember ward for election of members to be held on non-party basis
through adult franchise and joint electorate.
(3) The candidates securing highest and second highest number of votes
in the election to the general seats of the village council or the neighbourhood
council, as the case may be, shall respectively be the Nazim and Naib Nazim of the
village council or the neighbourhood council, as the case may be.
(4) Executive Authority of the village council or the neighbourhood council,

as the case may be, shall vest in respective Nazim village council or the
neighbourhood council, who shall be deputized by the concerned Naib Nazim during
his temporary absence.
Explanation.--- For the purposes of this section and section 17 and
section 24 of this Act, the term “youth” means a duly qualified candidate for election
under this Act, who is below thirty years of age on the last day fixed for filing of
17
nomination papers.
18
28. Functions and responsibilities of the Nazim, Village Council and

Neighbourhood Council.---(1) The Nazim of village council and neighbourhood
council shall:
(a) provide leadership for council-wide development and

preparation of budget;
(b) organize management of municipal infrastructure with in the

area of respective village council or neighbourhood council;
(c) chair panels of members constituted for amicable settlement of

disputes;
(d) report to tehsil municipal administration and district government

in respect of:
(i) encroachment on state and local government property;
(ii) violation of land use plans, building codes, rules and bye-
laws;
(iii) sale and trade of dangerous and offensive articles;
(iv) adulteration of articles of food; and
(v) breach of public water courses with in the area of the

village council or neighbourhood council.
(e) prepare and send quarterly reports on the performance of

functionaries of all offices located in the area including
education, health, public health engineering, agriculture,
livestock, police and revenue to tehsil municipal administration
and district government.
(2) The Nazim, village council or the Nazim neighbourhood council, as the
case may be, shall be responsible for any loss flowing from his decisions and
directions in violation of this Act or any other law for the time being in force and for
expenditures incurred without lawful authority.
(3) The Nazim, neighbourhood council shall represent the council in the
special units created under section 23 of this Act.
29. Functions of the Village Council or Neighbourhood Council.---(1)

Functions of the village council and neighbourhood council, as the case may be,
shall be to:
(a) monitor and supervise the performance of functionaries of all

government offices located in the area of the respective village
council or neighbourhood council, including education, health,
public health engineering, agriculture, livestock, police and
revenue, and hold them accountable by making inquiries and
reports to the tehsil municipal administration, district government
19
or, as the case may be, the Government for consideration and
action;
(b) provide effective forum for out of court amicable settlement of

disputes and, for this purpose, constitute panels of members as
conciliators;
(c) register births, deaths and marriages;
(d) implement and monitor village level development works;
(e) improve water supply sources, maintain water supply distribution

system and take measures to prevent contamination of water;
(f) maintain village level infrastructure, footpaths, tracks, streets,

prevent and abate nuisances and encroachments in public
ways, public streets and public places;
(g) maintain and improve collective property including playgrounds,

graveyards, funeral places, eid-gah, parks, public open spaces
and community centers;
(h) identify development needs of the area for use by municipal

administration and district government in prioritizing
development plans;
(i) make arrangements for sanitation, cleanliness, disposal of

garbage and carcasses, drainage and sewerage system;
(j) display land transactions in the area for public information;
(k) mobilize community for maintaining public ways, public streets,

culverts, bridges and public buildings, de-silting of canals and
other development activities;
(l) develop sites for drinking and bathing of cattle;
(m) organize cattle fairs and agriculture produce markets;
(n) organize sports teams, cultural and recreational activities;
(o) organize watch and ward in the area;
(p) promote plantation of trees, landscaping and beautification of

public places;
(q) regulate grazing areas, establish cattle ponds and provide

protection against stray animals and animal trespass;
(r) consider and approve annual budget presented by the

respective Nazim, village council or neighbourhood council;
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(s) facilitate formation of voluntary organizations for assistance in

functions assigned to it;
(t) facilitate the formation of co-operatives for improving economic

returns and reduction of poverty;
(u) elect an Accounts Committee and review its recommendations

on the annual statement of accounts and audit reports; and
(v) report cases of handicapped, destitute and of extreme poverty to

district government.
(2) The respective village council or neighbourhood council shall assist

district government and tehsil municipal administration in conducting surveys,
collecting socio-economic data and selecting sites for municipal and social facilities
and services.
CHAPTER – VIII
LOCAL GOVERNMENT FINANCE
30. Establishment of Local Funds and Public Accounts.--- (1) There shall be
established a district fund, a tehsil fund, village fund and neighbourhood fund, as the
case may be, for each respective local government.
(2) To the credit of the respective Fund shall be placed all revenues
received by a local government from the following sources:
(a) monies transferred by another local government under this Act;
(b) grants made or monies received from Government or other

authorities in Pakistan;
(c) the proceeds of taxes levied by a local government under this

Act;
(d) rents and profits payable or accruing to a local government from

immovable property vested in or controlled or managed by it;
(e) proceeds or any other profits howsoever known or called from

bank accounts and investments of a local government;
(f) gifts, grants or contributions by individuals or institutions;
(g) income accruing from markets or fairs regulated by a local

government;
(h) fines imposed and recovered under this Act; and
(i) proceeds from other sources of income which are placed at the
21
disposal of a local government under directions of Government.

22
(3) To the credit of respective Public Account of the local government shall
be placed all revenues received by a local government from the following sources-
(a) receipts accruing from trusts administered or managed by it;
(b) refundable deposits received by it; and
(c) deferred liabilities.
(4) A local government, may and if required by Government shall establish

and maintain a separate fund for any special purpose to which one or more sources
of revenue mentioned in sub-section (2) or any part of these sources or any specified
portion of the Fund may be assigned and which shall be administered and regulated
in such manner as Fund of the local government.
31. Custody and Operation of Funds and Public Account.---(1) Monies

credited to a Fund or a Public Account of a local government shall be kept in the
State Bank, Government Treasury, a post office or a bank in such manner as shall
be specified by the Government from time to time.
(2) The Funds shall be operated in such a manner as may be prescribed.
32. Charged expenditure.---(1) The following expenditure shall be charged on

the Fund of local government, that is to say:
(a) such sums as are required for repayment of debt;
(b) any sum required to satisfy any judgment, decree or award

against the local government by any Court or Tribunal;
(c) such sums as the local government may be required by

Government to contribute towards the conduct of elections, the
maintenance of specified group of functionaries and the
auditing of accounts; and
(d) any expenditure declared by Government to be so charged.
(2) If any expenditure is a compulsory charge on the Fund of a local

government and is not paid, Government may, by order, direct the person having the
custody of the Fund to pay such amount, or so much thereof as may be possible
from time to time, from the balance of the Fund.
33. Application of Funds.---(1) The money credited to the Fund of a local

government shall be expended in accordance with annual budget approved by the
respective local council.
(2) No local government shall transfer monies to a higher level of

Government except by way of repayment of debts or for carrying out deposit works
or as provided in this Act.
(3) Where a new local government is to take over during a financial year
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as a result of fresh elections, the outgoing local government shall not spend funds or
make commitments for any expenditure, under any demand for grant or
appropriation, in excess of eight percent per mensum of the budgeted funds for
remainder of its term in office.
34. Budget Preparation.---(1) The annual budget for each local government shall
contain estimates of:
(a) grants-in-aid from Government;
(b) amounts available in the respective Fund;
(c) receipts for the next year; and
(d) expenditures to be incurred for the next year.
(2) The Government shall, sufficiently before the beginning of each

financial year, notify the provisional grants, which may be credited to the Fund of a
local government from the Provincial Consolidated Fund.
(3) No demand for a grant shall be made except on the recommendation

of the respective Nazim.
(4) Conditional grants from Government or other local government will be

shown separately in the budget and will be governed by conditions provided therein.
(5) Before the commencement of a financial year each local government

shall, for its Fund, prepare in the prescribed manner, a budget for that year.
35. Approval of Budget.---(1) Before the commencement of the next financial

year, each Nazim shall, present the budget for consideration and approval of the
(2) The budget of a local government shall be approved by simple majority

of the total membership of the respective council.
(3) No other business shall be taken up by a council during budget

session.
(4) In case a budget is not approved by the local council before

commencement of the financial year to which it relates, Government shall prepare,
approve and authenticate budget for the local government.
(5) A local council shall not be empowered to approve a budget if the sums
required to meet estimated expenditures exceed the estimated receipts.
(6) The Nazim shall authenticate by his signature a schedule specifying

the:
(a) grants made or deemed to have been made by the local council;
and
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(b) the several sums required to meet the expenditure charged upon
the Fund of the local government.
(7) The schedule so authenticated shall be laid before the local council,
but shall not be open to discussion or vote thereon.
(8) The schedule so authenticated shall be communicated to the

respective Accounts Officials and Government.
(9) At any time before the expiry of the financial year to which budget
relates, a revised budget for the year may, if necessary, be prepared and sanctioned
and such revised budget shall, so far as may be, be subject to the provisions of this
section.
36. Accounts.---(1) The accounts of receipts and expenditure of local

governments shall be kept in such form and in accordance with such principles and
methods as the Auditor-General of Pakistan may prescribe.
(2) The following arrangement for maintaining of accounts in local

governments shall be followed:
(a) the District Accounts Officer shall maintain the accounts of each
district government;
(b) the Tehsil Accounts Officer shall maintain the accounts of the
tehsil municipal administration;
(c) the Village Accountant shall maintain the accounts of village

council;
(d) the Neighbourhood Accountant shall maintain the accounts of

neighbourhood council; and
(e) the Accounts Officer mentioned in clauses (a),(b) (c) and (d) shall
perform pre-audit of all payments from the respective Fund before
approving disbursements of monies.
(3) The District Accounts Officer shall, quarterly and annually, consolidate
the accounts of local governments in the district separately for receipts from the
Government and local resources and send a copy to Government, Accountant
General and Nazim district council.
(4) Local governments shall publish annual accounts for public

information.
(5) Accounts Committees of the respective local councils shall hold public
hearings to consider audit reports, objections to statement of accounts and
recommend appropriate action to the local council.
37. Audit.---(1) The Auditor General of Pakistan shall, on the basis of such audit
as he may consider appropriate or necessary, certify the accounts compiled and
prepared by the respective accounts officials of local governments for each financial
25
year, showing annual receipts and disbursements for the purposes of each local
government and shall submit certified accounts with such notes, comments or
recommendations as he may consider necessary to the Government and Nazim of
the respective local council.
(2) The Nazim shall cause the audit report to be submitted to the
respective local council and the local council shall refer it to its Accounts Committee
for examination.
(3) Every district government and tehsil municipal administration shall

publish its annual audit report for information of public.
(4) Every Nazim, district council and tehsil council shall appoint an Internal
Auditor as principal support person for provision of information to him and members
of the respective local council on fiscal performance of the local government.
CHAPTER – IX
LOCAL GOVERNMENT PROPERTY
38. Ownership of property.---(1) Subject to any conditions imposed by

Government, the property specified hereunder shall vest in the respective local
government if it is-
(a) vested in a local government through succession;
(b) transferred to the local government by the Government or any

other authority, organization or an individual; and
(c) constructed or acquired by a local government with its title.
(2) The properties of Government in possession of the local councils

established under the Khyber Pakhtunkhwa Local Government Act, 2012 (Khyber
Pakhtunkhwa. Act. No. VIII of 2012), shall pass on to their successors as provided in
this Act till varied by Government.
(3) The local government shall, subject to policy of Government or

contractual obligations, make bye-laws for the use, development, improvement,
management and inspection of property which is owned by or vests in it or which is
placed under its management charge.
(4) Subject to other provisions of this Act, Government shall not, except
with the prior consent of the local government concerned, reallocate or in any
manner divest title of properties vested in that local government under this Act.
39. Stock taking by the Nazim.---(1) Every Nazim shall, on assumption of his
office and thereafter, once in every year on a date fixed by him, take physical stock
of movable and immovable properties of the local government and present a report
to the local council.
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(2) The report shall contain-
(a) particulars of the properties held during the preceding year;
(b) total value of the property and annual return there from;
(c) particulars of unserviceable articles and losses if any; and
(d) plans for utilization, development and improvement during the

following year.
40. Use and disposal of properties.---(1) Properties of local government shall

be used only for public purposes.
(2) Immovable properties of local government shall not be sold or

permanently alienated:
Provided that such properties may be given on lease through competitive

bidding in public auction for a period to be determined by the Government:
Provided further that no such property under or near a fly-over bridge shall be
leased or otherwise given to any person for private, commercial or non-commercial
use, and any order, licence, permission, tehbazari ticket, handcart passes or
certificate issued by any authority at any time in this respect shall stand withdrawn
and shall be deemed cancelled.
(3) Movable property of a local government which is required to be

disposed of and all articles declared unserviceable shall be sold through competitive
bidding in public auction.
41. Personal responsibility with regard to loss and waste.---(1) Every official
or servant of a local government, every member of a local council, and every person
charged with administration and management of property of a local government shall
be personally responsible for any loss or waste, financial or otherwise, of any
property belonging to a local government which is a direct consequence of decisions
made by him personally or under his directions in violation of this Act or any other
law for the time being in force or which accrues as a result of his negligence or
misconduct, and shall be liable to pay such surcharge as may be determined by the
respective Accounts Committee and such amount shall be recoverable as arrears of
land revenue.
(2) Any person aggrieved by the imposition of liability under sub-

section (1) may prefer an appeal to Government whose decision shall be final:
Provided that no order shall be passed in appeal, except after giving the
aggrieved person an opportunity of being heard.
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CHAPTER – X
LOCAL GOVERNMENT TAXATION
42. Imposition, notification and enforcement of Taxes.---(1) A local

government subject to the provisions of any other law may, and if directed by
Government shall, levy all or any of the taxes and levies specified in the Third
Schedule.
(2) No tax shall be levied without previous publication of the tax proposal
inviting and hearing public objections and approval of the respective local council.
(3) A local government may reduce, suspend or abolish a tax.
(4) Where a tax is levied or modified, the local government shall specify
the date for the enforcement thereof, and such tax or the modification shall come into
force on such date.
(5) Government shall have power to direct a local government to levy any
tax, increase or reduce any such tax or the assessment thereof and suspend or
abolish the levy of any tax.
43. Model Tax Schedule.--- Government may frame Model Tax Schedules and
when such schedules have been framed a local government shall be guided by them
in levying a tax.
44. Rating Areas and Property Tax.---(1) On commencement of this Act, every
tehsil shall be rating area within the meaning of the Khyber Pakhtunkhwa Urban
Immovable Property Tax Act, 1958 (W.P. Act V of 1958).
(2) The rate of property tax in an area within a tehsil shall be subject to
approval of respective tehsil council:
Provided that in the areas within a tehsil where rate has not been determined,
the areas shall be deemed to be exempted from property tax till determination of the
rate.
(3) Unless varied under sub-section (2) above, the existing rates in the
areas within a tehsil shall remain in force.
Explanation.--- For the purpose of this section the “rate” shall mean the tax
leviable under the Khyber Pakhtunkhwa Urban Immovable Property Tax Act, 1958
(W.P. Act V of 1958).
45. Collection and recovery of taxes.---(1) Failure to pay any tax and other
money claimable under this Act shall be an offence.
(2) All arrears of taxes, rents and other moneys claimable by a local
government under this Act shall be recoverable as arrears of land revenue.
(3) Government may empower any local government to recover arrears of

taxes or any other moneys claimable by the local government under this Act by
28
distress and sale of the movable property belonging to the person concerned or by
29
attachment and sale of the immovable property belonging to him.
(4) Government may specify the officials or classes of officials by whom

the power under sub-section (3) shall be exercised and prescribe the manner in
which it shall be exercised.
46. Liability on account of taxes.---(1) A local government may by notification,

call upon any person to furnish such information, produce such record or accounts or
to present such goods or animals liable to any tax as may be necessary for the
purpose of determining the liability of such person to a tax.
(2) Any official of a local government authorized in this behalf, may after
due notice, enter upon any building or premises for the purpose of assessing the
liability of such building or premises to any tax, or inspecting any goods or animals
therein liable to any tax.
(3) Any official of a local government authorized in this behalf may, in the
prescribed manner, seize and dispose of any goods or animals on which any tax is
due and is not paid.
47. Deduction of taxes from salaries.--- If a local government levies a tax on

professions, trades or callings, it may require the employer of the person liable to
such tax to deduct the tax from the salary or wages payable to such person, and on
such requisition the amount of the tax due shall be deducted from the salary or
wages of the persons concerned and credited to the Fund of the local government.
48. Petitions against valuation and assessment.--- No assessment of a tax

under this Act or valuation there for, or the liability of a person to be so taxed, shall
be called in question except by a petition presented to such authority, in such
manner and within such period as may be prescribed.
49. Taxation rules.--- All taxes and other charges levied by a local government
shall be imposed, assessed, leased, compounded, administered and regulated in
such manner as may be prescribed by rules which may, among other matters,
provide for the obligation of the tax payer and the duties and powers of the officials
responsible for the assessment and collection of taxes.
50. Local governments not to incur debt.---(1) No local government shall incur
any debt.
(2) No monies of the local government shall be invested in securities other

than those floated or approved by the Government.
CHAPTER – XI
PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS
51. Constitution of Provincial Finance Commission.---Government shall

constitute a Provincial Finance Commission hereinafter referred to as “Finance
Commission”.
30
52. Composition of the Finance Commission.---(1) The Finance Commission

shall consist of the following members:
(a) Minister for Finance Department, who shall be the Chairman of

the Finance Commission;
(b) Minister for Local Government, Elections and Rural

Development Department;
(c) two members of the Provincial Assembly of Khyber

Pakhtunkhwa, one each nominated by the Chief Minister and
Leader of Opposition in the said Assembly;
(d) Secretary to Government, Finance Department;
(e) Secretary to Government, Planning and Development

Department;
(f) Secretary to Government, Local Government, Elections and

Rural Development Department;
(g) Secretary to Government, Law, Parliamentary Affairs and

Human Rights Department;
(h) two Nazimeen, district councils elected by Nazimeen district

councils in the province; and
(i) two Nazimeen, tehsil councils elected by Nazimeen of tehsil

councils in the province.
(2) The Finance Department shall provide secretariat support to the

Finance Commission and provide annual statement on transfer of funds in
accordance with recommendations of the Finance Commission.
(3) No proceedings or act of the Finance Commission shall be invalid

merely on the ground of existence of a vacancy in its composition.
(4) Subject to this Act, the Finance Commission shall regulate its
procedure and business.
53. Functions of the Finance Commission.---(1) The Finance Commission shall

make recommendations to the Government on:
(a) the amount of grant for local governments out of the proceeds of
Provincial Consolidated Fund in a financial year in addition to
the grant in lieu of Octroi and Zilla Tax:
Provided that in addition to the establishment charges

budgeted for the devolved functions and transfers in lieu of
Octroi and Zilla Taxes, the development grant for local
governments shall be so determined that it is not less than thirty
percent of the total development budget of the province in the
respective year;
31
(b) formula for distribution of the grant among local governments in

the province:
Provided that the development grant for village and

neighbourhood councils shall be determined on the basis of
population;
(c) the amount of special grants for local governments with

modalities and conditions to access the facility;
(d) grants in aid to local governments in need of assistance; and
(e) matters relating to local government finance.
(2) While making recommendations, the Finance Commission shall take

into account the principles of fiscal need, fiscal capacity, fiscal effort and fiscal
performance of local governments.
(3) The Finance Commission shall also take into consideration poverty,
population, lag in infrastructure and revenue base of local governments as factors
while formulating its recommendations.
(4) The Finance Commission shall present to the Government annually a

report on the analysis of fiscal transfers, the situation of own-source revenue in local
governments and the reach and quality of their services and the Government shall
cause the report to be laid before the Provincial Assembly.
CHAPTER – XII SUPERVISION OF

LOCAL GOVERNMENTS
54. Local Government Commission.---(1) Government shall appoint a Local

Government Commission, which shall consist of-
(a) Minister for Local Government, Elections and Rural

Development Department, who shall be the Chairman of the
Local Government Commission;
(b) two members of the Provincial Assembly, one each nominated

by the Chief Minister and Leader of Opposition in the Provincial
Assembly;
(c) two eminently qualified and experienced technocrats including a

woman selected by Government for a period of three years;
(d) Secretary to Government, Law, Parliamentary Affairs and

Human Rights Department; and
(e) Secretary to Government, Local Government, Elections and

Rural Development Department.
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(2) The Local Government Commission may, for any specific assignment,
co-opt any other person as member; provided that, when it is seized with an inquiry
against a Nazim, it shall be mandatory for the Local Government Commission to co-
opt a disinterested Nazim, district council as member.
(3) Government shall provide separate budget for the Local Government
Commission with Director General, Local Government and Rural Development as
Principal Accounting Officer, who shall provide secretarial support and render
assistance to the Local Government Commission.
(4) No act or proceedings of the Local Government Commission shall be

invalid by reason or existence of any vacancy, or defect, in its constitution.
55. Functions of the Local Government Commission.---(1) Functions of the

Local Government Commission shall be to:
(a) conduct annual and special inspections of local governments

and submit reports to the Government;
(b) conduct, on its own initiative or, whenever, so directed by the

Chief Minister or, whenever, a reference is made by a Nazim,
district council, an inquiry by itself or through district government
into any matter concerning a local government;
(c) resolve disputes between local governments;
(d) submit to the Chief Minister an annual report on the over-all

performance of district governments and tehsils municipal
administration; and
(e) take cognizance of violations of laws and rules by a local

government.
(2) Where the Local Government Commission is of the opinion that

suspension of a Nazim, Naib Nazim or a member of a local council is necessary for
the purposes of a fair enquiry or preventing him from continuing with any unlawful
activity during an enquiry, it may recommend to the Chief Minister for suspension of
such Nazim, Naib Nazim or a member of a local council, as the case may be, for a
maximum period of thirty days.
(3) Where, on an enquiry, the Local Government Commission holds a

Nazim, Naib- Nazim, or a member of a council guilty of misconduct, it shall
recommend appropriate action, including his removal, to the Chief Minister.
(4) The Local Government Commission shall have the same powers as
are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908),
in respect of the following matters, namely:
(a) summoning and enforcing attendance of any person and

examining him on oath;
(b) compelling production of documents;

33
(c) receiving evidence on affidavits; and
(d) issuing commission for the examination of witnesses.
56. Responsibility of the Local Government Commission.---The Local

Government Commission shall be responsible to the Chief Minister.
57. Relations of Government with District Government.---(1) District

government shall carry out its functions in accordance with provisions of this Act and
the rules made there under.
(2) Government may provide guidelines and render advice to Nazim,

district council for achieving the ends of Government policy and for promoting
economic, social and environmental security of the province.
58. Directions by Chief Minister.---The Chief Minister, may by himself or

through any officer specifically authorized by him, issue directives in public interest to
a Nazim, district council for implementation and if he fails to comply with the
directions, the Chief Minister may require the Chief Secretary to take such action as
the situation may necessitate.
59. Suspension and removal of a Nazim.---(1) Where, in the opinion of the

Chief Minister, a Nazim is deliberately avoiding or abstaining wilfully or failing to
comply with directions given under this Act, the Chief Minister may, for reasons to be
recorded and conveyed in writing, suspend him for a period not exceeding thirty days
and refer the matter to the Local Government Commission for enquiry.
(2) During the course of enquiry, the Local Government Commission shall
provide an opportunity of personal hearing to the suspended Nazim and shall submit
its report along with its recommendations which may include removal of the Nazim to
the Chief Minister for appropriate action in light of such recommendations.
(3) During the period of suspension of the Nazim, the Naib Nazim shall act
as Nazim and in case no decision is taken within thirty days from the date of
suspension of the Nazim, he shall stand re-instated to his office.
60. Setting aside an order of Nazim District Council.---(1) Where, in the

opinion of the Chief Minister, an order or decision of the Nazim, district council is not
in conformity with law or is against the interest of the people, he may, for reasons to
be recorded and conveyed to the concerned Nazim, district council, suspend such
order or, as the case may be, decision, refer the matter to the Local Government
Commission for enquiry to be completed within sixty days and may on receipt of the
report, quash the order or decision of the Nazim, district council, if it is so
recommended by the Local Government Commission:
Provided that, if no action is taken within sixty days of suspension of the order
or decision of the Nazim, district council, such order or, as the case may be, decision
shall stand restored.
(2) The quashment of an order or decision referred to in sub-section (1)

shall be notified by Government in official Gazette.
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61. Internal controls, inspection and supervision.---(1) Nazim, district council

may, with the approval of district council, designate inspecting officers to objectively
examine the performance of a tehsil municipal administration, village council and
neighbourhood council in relation to service delivery.
(2) Inspection reports prepared on specified format and containing

evaluation of performance in relation to achievement of targets, responsiveness to
citizens’ difficulties, efficiency in delivery of services and transparency in functioning,
shall be presented to the district council.
(3) If the district council resolves that the situation requires action against
the concerned Nazim, Naib Nazim or member of the concerned local council, it may
require Nazim, district council to refer the matter to the Local Government
Commission.
(4) In all other cases, the Nazim, district council may require the respective
Nazim to take appropriate remedial action.
62. Setting aside an order of Nazim, Tehsil Council.---(1) On a motion initiated

by Nazim, district council, a district council may, by a resolution stating the grounds
thereof, passed by a simple majority of its total membership, set aside an order or
decision of general application taken by Nazim, tehsil council or resolution of the
tehsil council, as the case may be, if it considers the same to be inconsistent with
law or against the interest of the people or public policy.
(2) The result of the approval of the resolution of district council shall be
notified by district government.
63. Setting aside decisions of Nazim, Village Council and Resolution of

Village Council etc.---(1) On a motion initiated by Nazim, tehsil council, a tehsil
council may, by a resolution stating the grounds thereof, passed by simple majority
of its total membership, set aside an order or decision taken by Nazim, village
council, Nazim, neighbourhood council, or a resolution of village council or, as the
case may be, a resolution of neighbourhood council in the tehsil, if it considers the
same to be inconsistent with law or against the interest of the people or public policy.
(2) The result of the resolution referred to in sub-section (1), shall be

notified by the tehsil municipal administration.
64. Suspension of Resolutions and Proceedings.---Where in the opinion of

Government anything done or intended to be done as a result of a resolution of a
local council is not in conformity with law, Government for reasons to be recorded
may suspend the execution of such resolution and prohibit the doing of anything
resolved to be done.
65. Conduct of members of the Local Councils.---(1) The Code of Conduct

Committee in each local council shall ensure adherence of all members of the local
councils, Nazimeen and Naib Nazimeen to the prescribed code of ethics for
promoting their honest, responsible and efficient functioning and behavior.
(2) The Code of Conduct Committee shall monitor the conduct of the
elected representatives and report incidents of inefficiency and corruption to the
35
concerned local council which may invoke proceedings of disqualification against

such member.
CHAPTER – XIII
LOCAL GOVERNMENT RESPONSIBILITY FOR ENFORCEMENT OF LAWS
66. Offences, punishments and their cognizance.---(1) The offences specified

in Fourth and Fifth Schedules shall be liable to punishment by way of imprisonment,
fine, seizure, forfeiture, confiscation, impounding and such other penalties as are
provided in this Act.
(2) Whoever commits any of the offences specified in-
(a) Part-I of the Fourth Schedule shall be punishable with

imprisonment for a term which may extend to three years, or
with fine which may extend to fifty thousand rupees, or with both
and, where an accused was directed by the Enforcement Officer
for immediate discontinuance of the offence, the Court may
impose a further fine which may extend to one thousand rupees
for every day for the period the accused has persisted in the
offence from the date of its commission;
(b) Part-II of the Fourth Schedule shall be punishable with

imprisonment which may extend to six months or fine which may
extend to five thousand rupees, or with both and, where an
accused was directed by the Enforcement Officer for immediate
discontinuance of the offence, the Court may impose a further
fine which may extend to two hundred rupees for every day for
the period the accused has persisted in the offence from the
date of its commission; and
(c) Fifth Schedule shall in the first instance, be liable to fine by

issuing a ticket specified in the Sixth Schedule and, where an
accused repeats the offence within a period of two months for
which he was fined, he shall be liable to the same punishment
as provided in clause (b).
(3) The offences specified in clause (a) of sub-section (2) shall be

cognizable and information in this regard shall be reported to the respective police
station for registration of a case against the accused.
(4) A Court shall take cognizance of the offences specified in clause (b) of
sub-section (2) on a complaint made in writing by Enforcement Officer.
(5) The offences specified in Part II of the Fourth Schedule and Fifth
Schedule shall be tried in a summary manner in accordance with the provisions of
section 260 to 265 of the Code of Criminal Procedure,1898 (Act V of 1898), but the
limit of punishment mentioned in sub-section (2) of section 262 thereof shall not be
applicable.
36
(6) Government may, by notification in the official Gazette, entrust to a

local government the enforcement responsibility of any other law for the time being in
force.
67. Appointment and control of Enforcement Officers.---(1) On a motion

initiated by its Nazim, the district council or, as the case may be, the tehsil council
shall designate officers as Enforcement Officers for the offences specified in Fourth
and Fifth Schedules.
(2) The district government shall notify Controlling Authority for the
Enforcement Officers.
68. Imposition of fine through ticketing.---(1) Where any person, in the opinion
of an Enforcement Officer, is contravening any provision of the law relating to the
offences specified in Fifth Schedule, he shall charge the accused by issuing a ticket
in the form specified in Sixth Schedule for payment of fine, if such offence has been
committed for the first time in two months.
(2) The ticket shall be issued in quadruplicate by delivering three copies to

the accused after obtaining his signatures or thumb impression on the fourth copy to
be retained by the Enforcement Officer for record.
(3) The person to whom a ticket has been issued under this section may
either contest the imposition of fine in the Court within ten days from the date of the
issuance of the ticket or deposit the fine within that period and provide a copy of
payment receipt to the Enforcement Officer.
(4) The fine may be deposited in the designated Bank Account of the local
government within ten days from the date of imposition for credit in the Fund of the
local government:
69. Procedure for default in deposit of fine.---(1) The Enforcement Officer

shall, on daily basis, provide a scroll of all unpaid tickets to the Controlling Authority,
who shall forward the same to the court having jurisdiction in the cases.
(2) The court receiving the scroll shall issue summons to the accused
forthwith stating date of hearing for trial as enumerated in section 66.
(3) Where on the first date of hearing, the accused appears before the
court and produces proof of deposit of fine, or unconditionally admitting his failure,
deposits the fine forthwith along with the penalty which shall not be less than ten
percent and not more than twenty five percent of the amount of fine as determined
by the court in accordance with the procedure provided in sub-section (2) of section
388 of the Code of Criminal Procedure,1898 (Act V of 1898) further proceedings
against the accused may be dispensed with and no conviction shall be recorded
against him.
(4) Upon failure of the accused to appear before the court in response to
the summons, the court shall forthwith issue warrants for arrest of the accused and
upon issuance of such warrants the accused will be liable to punishment under
clause (b) of sub-section (2) of section 66.
37
(5) The fines imposed by a court for an offence specified in Fifth Schedule
shall on collection be deposited in the Fund of the respective local government.
70. Municipal Wardens.---(1) With prior approval of Government, the city district
government and tehsil municipal administration may establish and maintain
municipal wardens;
(2) Government may, notwithstanding anything contained in the Police

Order, 2002, or in any other law, specify the duties which the municipal wardens may
be required to perform.
71. General Powers of Enforcement Officers.---(1) In case of any serious threat

to the public health, safety or welfare or danger to life and property, or where
violation of any rule or bye-law is being committed, the Enforcement Officer may, in
his area of jurisdiction, in addition to imposition of fine or initiating prosecution under
this Act-
(a) suspend any work;
(b) seize the goods;
(c) seal the premises;
(d) demolish or remove work; or
(e) issue directions for taking corrective measures within a specified

time.
(2) An Enforcement Officer shall not enter any dwelling unit without
permission of the occupier or search warrant from a court competent jurisdiction.
(3) An Enforcement Officer may, in relation to the offences specified in

Fourth and Fifth Schedules-
(a) issue notices in writing on behalf of the local government;
(b) initiate legal proceedings in court; and
(c) assist in defending legal proceedings against the local

government.
72. Registers, reports and enforcement Gazette.---(1) District government shall

specify registers for maintaining record of cases and forms for monthly reports
regarding enforcement activities.
(2) The Controlling Authority shall periodically review enforcement effort,

compile reports and publish quarterly District Enforcement Gazette.
73. Police support to Enforcement Officers etc.---A local government may

requisition a police contingent on deputation or payment of charges in accordance
with the provisions of Police Order, 2002 (Chief Executive’s Order No. 22 of 2002).
38
CHAPTER – XIV LOCAL

COUNCIL ELECTIONS
74. Franchise, Wards and Electoral College.---(1) Save as otherwise

provided, election of members of village council, neighbourhood council, tehsil
council and district council shall be held on the basis of adult franchise and joint
electorate.
(2) Wards for the general seats in tehsil council and district council shall be
single member territorial wards.
(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.
(4) Members to fill seats reserved for women, peasants and workers,
youth and non-muslims in the tehsil council and district council shall be elected
through proportional representation system of political parties’ list of candidates on
the basis of the total number of general seats secured by each political party in the
(5) The Electoral College for the election of Nazim and Naib-Nazim,
District Council shall be members of the District Council.
(6) The Electoral College for the election of Nazim and Naib-Nazim Tehsil
Council shall be members of the Tehsil Council.
(7) Elections to District Councils and Tehsil Councils shall be held on party
basis and a political party shall be eligible to obtain an election symbol for contesting
these elections.
Explanation: --- For the purpose of this section:
a) the expression “total number of general seats secured by each

political party” shall include independent returned candidates or
candidates who may duly join such political party within three days
of the publication in the official Gazette of the names of returned
candidates and delivers an acceptance letter from the Party Leader
addressed to the respective District Returning Officer.
b) all members of the respective local councils notified as returned

candidates in the elections held under this Act shall be deemed to
be members of the electoral college.
c) the term “Political Party” shall have the same meaning as assigned
to it in the Political Parties Order, 2002 (Chief Executive’s Order No.
18 of 2002) and the provisions of the said Order shall mutatis
mutandis apply to political parties contesting election to district and
tehsil councils.
d) the term election symbol shall have the same meaning and
connotation as assigned to it in the Allotment of Symbols Order,
39
2002.
40
75. Authority for Local Council Elections.---(1) Election to the local councils
shall be held by the Election Commission of Pakistan, hereinafter referred to as
Election Commission.
(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.
(3) The Election Commission may authorize any of its officers to exercise
any of its powers and to perform any of its functions under this Act.
(4) It shall be the duty of all executive authorities in the province to assist
the Election Commission in the discharge of its functions.
76. Other powers and functions of the Election Commission.---The Election

Commission shall also exercise such other powers and perform such other functions
as may be prescribed.
77. Preparation of Electoral Rolls.---(1) A person shall be entitled to be enrolled

as a voter if he-
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age; and
(c) fulfils such other conditions as the Election Commission may

specify.
(2) The electoral rolls for the local council elections shall be prepared or
adopted by the Election Commission in the manner it may deem appropriate and the
electoral rolls shall not be invalid by reason of any erroneous description therein of
any person listed or of an omission of the name of any person entitled to be enrolled
or of inclusion of the name of any person not so entitled.
(3) Every person whose name is entered in the electoral roll for a local
council, and no person whose name is not so entered, shall be entitled to cast a vote
at an election to the local council.
78. Qualifications for candidates and elected members.---(1) A person shall

qualify to be elected or to hold an elective office or membership of a local council, if
he-
(a) is a citizen of Pakistan;
(b) is at least twenty one years of age;
(c) is enrolled as a voter in the electoral rolls of the relevant ward or

a council;
(d) is of good character and is not commonly known as one who

violates Islamic injunctions; has adequate knowledge of Islamic
41
teachings and practices, obligatory duties prescribed by Islam

as well as abstains from major sins; provided that these
qualifications shall not apply to a person who is a non-muslim,
but such a person shall have a good reputation;
(e) has not been declared by a competent court to be of unsound

mind;
(f) is not in the service of the federal, a provincial or a local

government or, any statutory body or a body which is controlled
by any such government or, in which any of such governments
has a controlling share or interest, except the holders of elected
public office and part-time officials remunerated either by salary
or fee; provided that in case of a person who has resigned or
retired from such service, a period of not less than six months
has elapsed since his retirement;
(g) has not been dismissed, removed or compulsorily retired from

public service on the grounds of moral turpitude, unless a period
of five years has elapsed since his dismissal, removal or
compulsory retirement;
(h) does not possess assets which are inconsistent with his
declaration of assets or justifiable means, whether held in his
own name or of the dependents or any other person or
corporate body in whose name assets are held in trust or under
any other formal or informal arrangement whereby the de-facto
control of such assets including their sale, transfer or pecuniary
interest, is retained by him;
(i) has not been adjudged a willful defaulter of any tax or other
financial dues owed to the federal, a provincial, or a local
government or any financial institution, including utility bills
outstanding for six months or more;
(j) has not been convicted by a court of competent jurisdiction on a

charge of corrupt practice involving moral turpitude or misuse of
power or authority under any law for the time being in force,
unless a period of five years has elapsed since his released;
(k) has not been sentenced to imprisonment for more than three
months for an offence under any law and, a period of not less
than five years has elapsed since his release; and in case of a
member or a holder of a public office, has not been sentenced to
imprisonment;
(l) has not failed to file the required return of election expenses or
is not convicted for exceeding the limits of election expenses
prescribed under the electoral laws and rules;
(m) has not been declared an un-discharged insolvent by any court;

42
(n) does not engage in any transaction involving pecuniary interest

with the local government of which he is a member;
(o) does not absent himself without reasonable cause from three
consecutive meetings of the council of which he is a member;
provided that a member shall not be disqualified if the absence
was necessitated by a national emergency or force majeure;
(p) does not fail to attend a mandatory training course as required

under this Act;
(q) has not been and is not involved, in activities prejudicial to the
ideology, interest, security, unity, solidarity, peace and integrity
of Pakistan and its people, and the good order and harmony of
society; and
(r) has not used, directly or indirectly, for his election the platform,
flag, symbol, affiliation and financial or material resources or
support of an ethnic or sectarian or proscribed party, formation
or organization.
(2) Whoever-
(a) is found by the Election Commission to have contravened the
provisions of sub-section (1) shall stand disqualified from being
a candidate for election to any office of the local governments
for a period of three years; or
(b) having been elected as a member of a local council or a holder

of an elective office of the local government is found by the
Election Commission to have contravened the provisions of sub-
section (1) shall cease forthwith to be an elected member or to
hold the office of such member and stand disqualified from
being a candidate for election to a local council for a period of
three years.
(3) If any question arises whether a member of a local council has become
disqualified from being a member, the Nazim, unless he decides that no such
question has arisen, shall refer the question to the Election Commission within fifteen
days and should he fail to do so within the aforesaid period it shall be deemed to
have been referred to the Election Commission.
(4) The Election Commission shall decide the question within ninety days
from its receipt or deemed to have been received and if it is of the opinion that the
member has become disqualified, he shall cease to be a member and his seat shall
become vacant.
79. Term of office, first meeting, election of Nazim or Naib- Nazim and
conduct of business in Local Council.---(1) The term of office of a local council
shall be four years commencing on the date on which it holds its first meeting:
Provided that the first meeting shall be held not later than fifteen days from
the day on which the names of its members are notified.
43
(2) Save as otherwise provided, a local council shall in its first meeting and
to the exclusion of any other business elect from its members a Nazim and Naib
Nazim by open division.
(3) Government shall notify the assumption of offices by Nazimeen, Naib-

Nazimeen and members of the local councils.
(4) Every local council shall meet at least once in every month and
regulate its business in accordance with bye-laws made by it:
Provided that district council shall be in session for at least forty five
accumulated days in a year.
(5) Save as otherwise provided, all meetings of the local council shall be
convened by the respective Nazim and shall be presided over by the Naib Nazim.
(6) Save as otherwise provided, decisions of the local council shall be

taken by resolutions passed by a simple majority of the members present and voting
and a copy of each resolution shall be transmitted to the Government.
(7) Quorum for the meetings of local council shall be thirty three percent of
its total membership.
(8) Meetings of the local council shall be open to public, unless the local
council, by a resolution, decides to hold any meeting in camera.
(9) Minutes of the meetings of the local council shall be recorded and
maintained by Secretary of the local council:
Provided that Assistant Director, Local Government and Rural Development in
the district shall act as Secretary of the district council and shall be responsible for
coordinating matters relating to secretarial functions of village and neighbourhood
councils in the district.
80. Oath of office and declaration of assets.---(1) A member, a Nazim and

Naib-Nazim shall, before taking his seat, make and subscribe to an oath in such form
as may be specified.
(2) Every Nazim, Naib-Nazim and member shall, after taking oath of office,
declare his assets in the manner prescribed.
81. Casual vacancy.---(1) If the office of a member or a Nazim and Naib-Nazim

for any reason, falls vacant during the term of office of a local council, a new member
or a Nazim and Naib-Nazim, as the case may be, shall be elected in the prescribed
manner within ninety days from the date such vacancy is notified and he shall hold
office for the residue of such term.
(2) If the vacancy in the office of member occurs within four months of the
expiry of the term of a local council, the vacancy shall not be filled.
82. Resignation.---(1) A member of a local council may resign his office by

tendering resignation in writing to the Nazim of a local council of which he is a
member.
44
(2) A Nazim village council or neighbourhood council, may resign his office
by tendering resignation in writing to the Nazim of respective tehsil council.
(3) A Nazim, tehsil council or, as the case may be, district council, may
resign his office by tendering resignation in writing addressed to the Chief Minister.
(4) The resignations so tendered shall deem to be accepted and effective

forthwith.
(5) Copies of all resignations shall be forwarded to the Election

Commission.
83. Removals.---(1) Where proceedings of disqualification have been initiated on

an application made by any person or by the Election Commission on its own motion
against a member, Nazim, or Naib-Nazim, the Election Commission or any authority
authorized by it may issue a notice to him to show cause, within a specified period as
to why proceedings against him may not be taken for his removal.
(2) Where the Election Commission or an authority authorized by it is not

satisfied with the reply to the notice or any reply to the said notice is not filed within
the specified period, it may order for an enquiry in the matter and for that purpose
appoint an enquiry officer.
(3) On the basis of enquiry, the Election Commission or an authority

authorized by it may order the removal of a member, Nazim, or, as the case may be,
Naib- Nazim:
Provided that before an order of removal is passed, member, Nazim, or, as

the case may be, Naib-Nazim against whom enquiry proceedings are carried out
shall be afforded a reasonable opportunity of being heard, including personal hearing
if so requested.
84. Vote of no-confidence.---A Nazim and Naib-Nazim, shall cease to hold office
if a vote of no-confidence is passed against him in the prescribed manner by two
third majority of the total number of members of the local council electing him
ascertained through open division:
Provided that-
(a) a motion of no-confidence shall not be moved before the expiry of six
months of his assumption of office as Nazim and Naib- Nazim; and
(b) where a motion of no-confidence against a Nazim and Naib- Nazim has
been moved and has failed to secure the requisite majority of votes in
its favour at the meeting, no similar motion shall be moved against him
before the expiry of six months from the date such motion was moved.
85. Bar against dual membership.---A Nazim, Naib- Nazim or member of a local
council may contest election for any political office after resigning from his respective
existing office before filing of his nomination papers.
86. Notification of election, resignation and removal of Nazim, Naib- Nazim,

members, etc.---Every election, resignation or removal of a Nazim, Naib- Nazim, or
45
a member, or the vacation of office by them shall be notified by the Election

Commission.
87. Election Petition and Election Tribunal.---(1) No election under this Act
shall be called in question, except by an election petition made by a candidate for the
election.
(2) For the hearing of an election petition the Election Commission shall,
by notification, appoint an officer to be an Election Tribunal for such areas as may be
specified in the notification.
(3) Subject to the provisions of this Act, every election petition shall be
made and tried in such manner as may be specified by the Election Commission.
(4) The Election Tribunal shall have all the powers of a Civil Court trying a
suit under the Code of Civil Procedure, 1908 (V of 1908) and shall be deemed to be
a Court within the meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (V of 1898).
88. Corrupt practice.---A person guilty of bribery, personating, or undue

influence shall be punishable for an offence of corrupt practice with imprisonment for
a term which may extend to three years, or with fine which may extend to one
hundred thousand rupees, or with both.
89. Bribery.---A person is guilty of bribery, if he, directly or indirectly, by himself

or by any other person on his behalf-
(a) receives, agrees or contracts for any gratification for voting or

refraining from voting or for being or refraining from being a
candidate at, or withdrawing or retiring from, an election;
(b) gives, offers or promises any gratification to any person for the
purpose of-
(i) inducing a person to be or to refrain from being a

candidate at an election; or
(ii) inducing a voter to vote or refrain from voting at any

election; or
(iii) inducing a candidate to withdraw or retire from an

election; or
(iv) rewarding a person for having been or for having

refrained from being a candidate at an election; or
(v) rewarding a voter for having voted or refrained from

voting at an election; or
(vi) rewarding a candidate for having withdrawn or retired

from an election.
46
Explanation.--- In this section, “gratification” includes a gratification in money

or estimable in money and all forms of entertainment or employment for
reward.
90. Personating.---A person is guilty of personating, if he votes or applies for a

ballot paper for voting as some other person whether that other person is living or
dead or fictitious.
91. Undue influence.---A person is guilty of undue influence, if he-
(a) in order to compel any person to vote, refrain from voting, or to

induce or compel any person to withdraw his candidature at an
election, directly or indirectly, by himself or by any other person
on his behalf-
(i) makes or threatens to make use of any force, violence or

restraint;
(ii) inflicts or threatens to inflict any injury, damage, harm or

loss; or
(iii) uses any official influence or governmental patronage; or
(b) on account of any person having voted or refrained from voting,

or having withdrawn his candidature, does any of the acts
specified in clause (a); or
(c) by abduction, duress or any fraudulent device or contrivance-
(i) impedes or prevents the free exercise of the franchise by

a voter; or
(ii) compels, induces or prevails upon any voter to refrain

from voting or compels any voter to vote.
Explanation.-In this section, ‘harm’ includes social ostracism or ex-

communication or expulsion from any caste or community.
92. Illegal practice.---A person is guilty of illegal practice punishable with fine
which may extend to ten thousand rupees, if he-
(a) obtains or procures, or attempts to obtain or procure, the

assistance of any officer or official of the federal government,
Government or a local government or authority to further or
hinder the election of a candidate;
(b) votes or applies for a ballot paper for voting at an election

knowing that he is not qualified for voting or is disqualified from
voting;
(c) votes or applies for a ballot paper for voting more than once at
any polling station;
47
(d) removes a ballot paper or a ballot box from a polling station or

destroys, damages or tampers with the ballot-box used at a
polling station;
(e) knowingly induces or procures any person to do any of the

aforesaid acts; or
(f) fails to provide statement of election expenses as required

under this Act;
(g) makes or publishes a false statement-
(i) concerning the personal character of a candidate or his

relation calculated to adversely affect the election of such
candidate or, for the purpose of promoting or procuring
the election of another candidate, unless he proves that
he had reasonable ground for believing, and did believe,
the statement to be true;
(ii) relating to the symbol of a candidate whether or not such

symbol has been allocated to such candidate; or
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a candidate, lets, lends,

employs, hires, borrows or uses any vehicle or vessel for the
purpose of conveying voters to or from the polling station,
except when a person conveys himself or any member of the
household to which he belongs, to or from the polling station;
and
(i) causes or attempts to cause any person present and waiting to

vote at the polling station to depart without voting.
93. Prohibition of canvassing.---A person is guilty of an offence punishable with

fine which may extend to ten thousand rupees, if he, on the polling day in connection
with the election-
(a) convenes, calls or organizes within a ward any meeting; or
(b) within a radius of two hundred meters of the polling station-
(i) canvasses for votes;
(ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the election or for a

particular candidate; or
(iv) exhibits, except with the permission of the Returning

Officer and at a place reserved for the candidate or his
polling agent beyond the radius of one hundred meters of
48
the polling station, any notice, sign, banner or flag

designed to encourage the voters to vote, or discourage
the voters from voting, for any contesting candidate.
94. Disorderly conduct near polling station.---A person is guilty of an offence

punishable with imprisonment for a term which may extend to three months, or with
fine which may extend to ten thousand rupees, or with both, if he-
(a) uses, in such manner as to be audible within the polling station

any gramophone, megaphone, loudspeaker or other apparatus
for reproducing or amplifying sounds; or
(b) persistently shouts in such manner as to be audible within the

polling station; or
(c) does any act which-
(i) disturbs or causes annoyance to any voter visiting a

polling station for the purpose of voting; or
(ii) interferes with the performance of the duty of a presiding

officer, polling officer or any other person performing any
duty at a polling station; or
(d) abets the doing of any of the aforesaid acts.
95. Tampering with papers.---A person is guilty of an offence punishable with

imprisonment for a term which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both, if he:
(a) fraudulently defaces or destroys any nomination paper or ballot

paper;
(b) fraudulently takes out of the polling station any ballot paper or
puts into any ballot box any ballot paper other than the ballot
paper he is authorized under the rules to put in;
(c) without due authority-
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any

ballot box or packet or ballot papers in use for the
purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions

of the rules; or
(iv) causes any delay or interruption in the beginning, conduct

or completion of the procedure required to be
immediately carried out on the close of the poll; or
49
(v) fraudulently or without due authority attempts to do any of

the aforesaid acts.
96. Interference with secrecy of voting.---A person is guilty of an offence

punishable with imprisonment which may extend to six months, or with fine which
may extend to ten thousand rupees, or with both, if he:
(a) interferes or attempts to interfere with a voter when he records

his vote;
(b) in any manner obtains or attempts to obtain, in a polling station,

information as to the candidate for whom a voter in that station
is about to vote or has voted; or
(c) communicates at any time any information obtained in a polling

station as to the candidate for whom a voter in that station is
about to vote or has voted.
97. Failure to maintain secrecy.---Any candidate or polling agent attending a

polling station, or any person attending the counting of votes, is guilty of an offence
punishable with imprisonment which may extend to six months, or with fine which
may extend to ten thousand rupees, or with both, if he-
(a) fails to maintain or aid in maintaining the secrecy of voting; or
(b) communicates any information obtained at the counting of votes

as to the candidate for whom any vote is given by any particular
ballot paper.
98. Conduct of officials.--- A presiding officer, polling officer or any other officer
or official performing a duty in connection with an election, or any member of a
police force, is guilty of an offence punishable with imprisonment for a term which
may extend to six months, or with fine which may extend to twenty thousand rupees,
or with both, if he, during the conduct or management of an election or maintenance
of order at the polling station:
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder the election of
a candidate;
(e) fails to maintain or aid in maintaining the secrecy of voting;
(f) communicates, except for any purpose authorised by any law, to

any person before the poll is closed any information as to the
name or number on the electoral roll of any voter who has or
has not applied for a ballot paper, or has or has not voted at a
polling station; and
50
(g) communicates any information obtained at the counting of votes

as to the candidate for whom any vote is given by any particular
ballot paper.
99. Breach of official duty in connection with election.---A presiding officer,

assistant presiding officer, or any other person employed by any such officer in
connection with his official duties imposed by or under this Act is guilty of an offence
punishable with imprisonment for a term which may extend to two years, or with fine
which may extend to fifty thousand rupees, or with both, if he, willfully and without
reasonable cause, commits breach of any such official duty, by act or omission.
100. Assistance by Government servants.---A person in the service of

Government, the federal government, a local government, or a body owned or
controlled by the Government, federal government or a local government is guilty of
an offence punishable with imprisonment for a term which may extend to six months,
or with fine which may extend to twenty thousand rupees, or with both if he, in any
manner, gives any assistance calculated to further or hinder the election of a
candidate.
101. Summary trial.---All offences under this Chapter except the offence of corrupt
practice shall be tried summarily under the provisions of the Code of Criminal
Procedure 1898 (Act V of 1898).
102. Cognizance.--- No court shall take cognizance of the offences relating to

conduct of officials and breach of official duty except on the complaint in writing of
the Returning Officer concerned.
103. Prosecution of offences under this Chapter.---Save as otherwise provided

no court shall take cognizance of an offence under this chapter except upon a
complaint in writing made by order or, or under authority from, the Election
Commission.
CHAPTER – XV MANAGING
TRANSITION
104. Administrative Transition.---(1) On coming into force of this Act, any office,
authority or municipal body set up or controlled by Government shall continue
providing services without any interruption during the devolution process or its
entrustment to any local government under this Act.
(2) All functionaries of district councils, municipal corporation, municipal

committees and union councils set up under the Khyber Pakhtunkhwa Local
Government Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of 2012), shall continue to
perform their respective duties and responsibilities with the successor local
government under this Act, until transferred to any other local government.
105. Employees salaries not to be reduced on transfer, etc.---(1) On allocation,

re-allocation or transfer of the employees of the Government, municipal corporation,
district councils, municipal committees and union councils or any other authority,
agency or body to any local government established under this Act, the salaries,
51
emoluments and pensions of such employees shall not be reduced on such

allocation, re-allocation or transfer.
(2) The Government shall ensure the payment of salaries, emoluments

and pensions of the employees referred to in sub-section (1), including the
employees of the Local Council Service and the Servants of Local Councils set up
under the Khyber Pakhtunkhwa Local Government Act, 2012 (Khyber Pakhtunkhwa
Act No. VIII of 2012) till such time as Government may deem appropriate.
106. Bar on recruitments.---(1) During the transition period specified in this Act
and till the adjustment for optimal utilization of all employees of the Government,
Local Council Service and Servants of Local Councils, no fresh recruitment shall be
made to fill any vacancy in local governments set up under this Act, except with the
express sanction of government;
(2) Government shall make available the services of the employees placed
in its surplus pool for utilization in the offices devolved to local governments.
(3) Local governments shall utilize the services of the employees of the
local councils set up under the Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa Act No. VIII of 2012) for meeting the shortfall in the offices of
local governments.
107. Financial transition.---(1) All taxes and rents which were being charged,
levied and collected by any office of Government, development authority, agency or
any local council, shall continue to be charged, levied and collected under this Act by
the successor local governments and every person liable to pay such taxes and
rents and accumulated arrears and receivables shall continue to make payment
thereof until revised, withdrawn or varied under this Act.
(2) Where any local council established under the Khyber Pakhtunkhwa
Local Government Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of 2012), was
receiving any grant or any compensation in lieu of octroi, toll tax, export tax, or any
other tax, the successor local government under this Act shall continue to receive
such grant or compensation.
108. Transitional timeframe.---All actions required for giving effect to the

provisions of this Act and transition to the local government system set up there
under shall be completed within one year of the commencement of this Act.
CHAPTER – XVI
MISCELLANEOUS
109. Complaint Cell.---Every district government, tehsil municipal administration,

village council and neighborhood council shall set up a complaint cell for redressal of
grievances within the ambit of their responsibilities under this Act.
110. Training.---The Nazimeen, Naib-Nazimeen, members of the local councils

and functionaries in local governments shall attend training courses for such periods
and in such manner and at such places as may be prescribed by Government.
52
111. Appeals.---Any person aggrieved by any order passed by a local government

or its functionaries, in pursuance of this Act or the rules or bye-laws made there
under, may appeal to such authority, in such manner and within such period as may
be specified.
112. Rules.---(1) Government may, by notification in the official Gazette, make

rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the fore-going

power, such rules may provide for all or any of the matters specified in Part –I of
Seventh Schedule.
(3) The rules made under sub-section (1) shall be subject to previous
publication in the official Gazette and shall meet the following considerations:-
(a) consistency with the provisions of this Act, democratic

decentralization and subsidiarity;
(b) enhancement of welfare of the people;
(c) fairness and clarity; and
(d) natural justice and due process of law.
113. Bye-laws.---(1) A district council, tehsil council, village council and

neighbourhood council may, in their ambit of responsibilities, make bye -laws to carry
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing

power, such bye-laws may provide for all or any of the matters specified in Part-II of
the Seventh Schedule:
Provided that the Government may make model bye-laws on any, some or all
of relevant subjects for the sake of uniformity.
114. Members and servants to be public servants.---All Nazimeen, Naib-

Nazimeen, members of the local councils, functionaries of the local governments and
every other person duly authorized to act on behalf of the local governments shall be
public servants within the meanings of section 21 of the Pakistan Penal Code (Act
XIV of 1860) and shall be subject to the provisions of sections 161 to 169 of the said
Code.
115. Delegation of Powers.---A Nazim may delegate any of his powers, including
financial powers, under this Act or the rules or bye-laws to any of the officer in the
local government fully or partly and subject to such restrictions or conditions as he
may deem fit, after approval by the local council.
116. Action taken in good faith.---No suit, prosecution, or other legal proceedings
shall lie against any public servant serving in local governments for anything done in
good faith under this Act.
Explanation: The word “good faith” shall have the same meaning as given to
it in section 52 of the Pakistan Penal Code.
53
117. General powers of local governments, etc.---(1) Every local government

shall perform its functions conferred by or under this Act.
(2) Government shall specify general powers and standard procedures to

guide local governments in performance of their functions.
118. Local Council Board.---(1) Until otherwise decided by the Government, the
Local Council Board established, under the Khyber Pakhtunkhwa Local Government
Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of 2012), for the administration of the
Local Council Service and Servants of Local Councils shall continue to function.
(2) Government shall, within one year after commencement of this Act,
provide for service structure of the Local Council Service and the Servants of Local
Councils including specification of posts to be filled through Khyber Pakhtunkhwa
Public Service Commission.
119. Act to override other laws on the subject.---The provisions of this Act shall
have overriding effect, notwithstanding anything contained in any other law, on the
subject, for the time being in force.
120. Repeal and saving.---(1) Soon after the commencement of this Act, the
Khyber Pakhtunkhwa Local Government Act, 2012 (Khyber Pakhtunkhwa Act No.
VIII of 2012) shall stand repealed and all local councils created under the said law
shall stand dissolved.
(2) Save as otherwise specifically provided, nothing in this Act, or any

repeal effected thereby shall affect or be deemed to affect anything done, action
taken, investigation or proceedings commenced, order, rule, regulation, bye-laws
appointment, conveyance, mortgage, deed, document or agreement and contract
made or saved, fee levied, tax imposed or assessed, scheme prepared or executed,
resolution passed, direction given, proceedings taken or instrument executed or
issued, under or in pursuance of any law repealed or amended by this Act and any
such thing, action, investigation, proceedings, order, rule, regulation, bye-laws
appointment, conveyance, mortgage, deed, document, agreement, contract fee, tax,
resolution, direction, proceedings or instrument suits, right or claims shall, if in force
at the commencement of this Act and not inconsistent with any of the provisions of
this Act, continue to be in force, and have effect as if it were respectively done,
taken, commenced, made, directed, passed, given, executed instituted, acquired or
issued under this Act.
121. Succession.---(1) On commencement of this Act, the following local

governments shall succeed the rights, assets and liabilities of the local councils
established or continued under the Khyber Pakhtunkhwa Local Government Act,
2012 (Khyber Pakhtunkhwa Act. No. VIII of 2012):
(a) in the case of municipal corporation, municipal committee

university town and district council in Peshawar district by the
city district government, Peshawar;
(b) in the case of district councils in districts other than Peshawar,

by the respective district governments;
54
(c) in the case of municipal committees for urban areas in districts

other than Peshawar by the respective tehsil municipal
administration;
(d) in case of union councils in rural areas of the province by village

councils to the extent of functions assigned to them within their
area of responsibility; and
(e) in case of union councils in areas with urban characteristics by

the neighbourhood councils to the extent of functions assigned
to them within their area of responsibility.
(2) The Local Government Elections and Rural Development Department,

Government of Khyber Pakhtunkhwa shall retain and continue to exercise
administrative control over Local Area Development Authorities in the province.
(3) Government or an officer designated by Government shall, within one

hundred and eighty days of the commencement of this Act, divide rights, assets and
liabilities of the local councils including adjustment of the staff amongst local
governments and the decision of Government or of the designated officer shall be
final.
122. Certain matters to be prescribed.---Where this Act makes any provision for
anything to be done but no provision or no sufficient provision has been made as
respects the authority by whom, or the manner in which it shall be done, then it shall
be done by such authority and in such manner as may be specified.
123. Removal of difficulty.---Government may, by order, provide for the removal

of any difficulty which may arise in giving effect to the provisions of this Act.
*****
55
FIRST SCHEDULE
[See section 12]
PART-A
Devolved Office
(i) Primary and Secondary Education

(ii) Vocational Education
(iii) Special Education
(iv) Adult Education and Literacy
(v) Mother and Child Health Care Centers
(vi) Basic Health Units
(vii) Rural Health Centers
(viii) Social Welfare
(ix) Community Development
(x) Sports and Culture
(xi) Revenue & Estate
(xii) Agriculture (Extension)
(xiii) Livestock
(xiv) On-Farm Water Management
(xv) Soil Conservation & Soil Fertility
(xvi) Fisheries
(xvii) Cooperatives
(xviii) Social and Farm-forestry
(xix) Hospitals other than District Headquarters, Teaching and Tertiary
Hospitals
(xx) Rural Development & Rural Works
(xxi) Communication and Works, District Roads and Buildings
(xxii) Public Health & Public Health Engineering
(xxiii) Population Welfare
(xxiv) Coordination, Human Resource Management, Planning, Development,
Finance and Budgeting functions for the devolved offices
PART –B
ADDITIONAL GROUP OF OFFICES IN CITY DISTRICT

56
(i) Public Transport Public transportation and mass transit

Passenger and freight transit terminals
Traffic planning, engineering and parking
57
Note: Depending upon the economies of scale and nature of infrastructure the
City District Government may vary grouping of offices contained in Part-C
and set up district municipal offices for integrated development and
management of the following services:
(a) Water source development and management, storage, treatment

plants, and macro-distribution;
(b) Sewage tertiary and secondary network, treatment plants, and

disposal;
(c) Storm water drainage network and disposal;
(d) Flood control protection and rapid response contingency plans;
(e) Natural disaster and civil defense planning;
(f) Solid waste management, treatment and disposal, including land fill
sites and recycling plants;
(g) Industrial and hospital hazardous and toxic waste treatment and
disposal;
(h) Environmental control, including control of air, water, and soil

pollution in accordance with federal and provincial laws and
standards;
(i) Master planning, land use, zoning and classification,

reclassification;
(j) Urban design and urban renewal programme; promulgation of

building rules and planning standards;
(k) Parks, forests, play grounds, sporting, and other recreational

facilities;
(l) Museums, art galleries, libraries, community and cultural centers;
(m) Conservation of historical and cultural assets;
(n) Landscape, monuments, and municipal ornamentation;
(o) Urban and housing development, including urban improvement and

upgrading, and urban renewal and redevelopment, with care being
taken to preserve historical and cultural monuments;
(p) Regional markets and city-wide commercial centers.

58
SECOND SCHEDULE
[ See sections 17 & 24]
Part-A
Peasants/
District General Women Minorities Youth Total
Workers
Peshawar 92 31 5 5 5 138
Haripur 45 15 3 3 3 69
Nowshera 47 16 3 3 3 72
Charsadda 49 17 3 3 3 75
Swabi 56 19 3 3 3 84
Mardan 75 25 4 4 4 112
Kohat 32 11 2 2 2 49
Karak 21 7 2 2 2 34
Hangu 19 7 1 1 1 29
Bannu 49 17 3 3 3 75
Lakki Marwat 33 11 2 2 2 50
DI Khan 49 16 3 3 3 74
Tank 16 6 1 1 1 25
Abbottabad 51 17 3 3 3 77
Mansehra 59 20 3 3 3 88
Battagram 20 7 1 1 1 30
Swat 67 22 4 4 4 101
Buner 29 9 2 2 2 44
Shangla 28 10 2 2 2 44
Chitral 24 8 2 2 2 38
Dir-Upper 31 10 2 2 2 47
Malakand 28 10 2 2 2 44
Kohistan 39 13 2 2 2 58
Dir-Lower 41 13 2 2 2 60
Torghar 15 5 1 1 1 23
59
Part-B
Peasants/
Tehsil General Women Minorities Youth Total
Workers
Peshawar 92 31 5 5 5 138
Charsadda 25 9 2 2 2 40
Tangi 12 4 1 1 1 19
Shabqadar 12 4 1 1 1 19
Nowshera 32 11 2 2 2 49
Pabbi 15 5 1 1 1 23
Kohat 25 9 2 2 2 40
Lachi 7 3 1 1 1 13
Karak 9 3 1 1 1 15
Banda Daud Shah 5 1 1 1 1 9
Takht-e-Nusrati 7 3 1 1 1 13
Hangu 10 4 1 1 1 17
Thall 9 3 1 1 1 15
Bannu 43 15 3 3 3 67
Domel 6 2 1 1 1 11
Lakki Marwat 24 8 2 2 2 38
Sari Naurang 9 3 1 1 1 15
D.I Khan 21 7 2 2 2 34
Pahar Pur 11 4 1 1 1 18
Parwah 7 3 1 1 1 13
Kulachi 5 1 1 1 1 9
Daraban (Kala) 5 1 1 1 1 9
Tank 16 6 1 1 1 25
Mardan 46 16 3 3 3 71
Takht Bhai 17 6 1 1 1 26
Katlang 12 4 1 1 1 19
Swabi 14 5 1 1 1 22
Lahor 11 4 1 1 1 18
Topi 11 4 1 1 1 18
Razzar 20 7 1 1 1 30
Abbottabad 35 12 2 2 2 53
Havailian 16 6 1 1 1 25
Haripur 37 13 2 2 2 56
Ghazi 8 3 1 1 1 14
Mansehra 36 12 2 2 2 54
Ogi 11 4 1 1 1 18
Ballakot 12 4 1 1 1 19
Judbah 7 3 1 1 1 13
Hassanzai 8 3 1 1 1 14
Battagram 12 4 1 1 1 19
Allai 8 3 1 1 1 14
Palas 13 5 1 1 1 21
Dassu 11 4 1 1 1 18
Pattan 10 4 1 1 1 17
Kandia 5 1 1 1 1 9
Babuzai 17 6 1 1 1 26
Matta Shamozi 13 5 1 1 1 21
60
Khwazakhela 7 3 1 1 1 13
Behrain 8 3 1 1 1 14
Kabal 12 4 1 1 1 19
Charbagh 5 1 1 1 1 9
Bari Kot 5 1 1 1 1 9
Alpuri 19 7 1 1 1 29
Puran 9 3 1 1 1 15
Dir-Upper 12 4 1 1 1 19
Kalkot 5 1 1 1 1 9
Wari 9 3 1 1 1 15
Barawal 5 1 1 1 1 9
Taimarghra 6 2 1 1 1 11
Samar Bagh 6 2 1 1 1 11
Adnezai 8 3 1 1 1 14
Lal Qila 5 1 1 1 1 9
Khall 5 1 1 1 1 9
Balambat 6 2 1 1 1 11
Munda 5 1 1 1 1 9
Chitral 14 5 1 1 1 22
Mastoj 10 4 1 1 1 17
Daggar 10 4 1 1 1 17
Gagra 9 3 1 1 1 15
Khado Khel 5 1 1 1 1 9
Totali (Mandan) 5 1 1 1 1 9
Batkhela 17 6 1 1 1 26
Dargai 11 4 1 1 1 18
THIRD SCHEDULE
[See section 42]
Part - I DISTRICT
GOVERNMENT
1. Tax for Education and Health.

2. Any other tax authorized by the Government.
3. Local rate on lands assessable to land revenue.
4. Fees in respect of educational and health facilities established or maintained
by the District Government.
5. Fee for licenses or permits and penalties or fines for violations.
6. Fees for specific services rendered by a district government.
7. Collection charges prescribed for recovery of tax on behalf of the
government, other local governments or any statutory authority.
8. Toll on roads, bridges, ferries maintained by District Government.
9. Rent for land, buildings, equipment, machinery, and vehicles owned by the
District Government.
10. Fee for major industrial exhibitions and other public events organized by the
61
District Government.
62
CITY DISTRICT GOVERNMENT
1. Taxes enumerated in Part-I.

2. Fee on advertisements, other than on radio and television, and bill-boards.
3. Fee for approval of building plans, erection and re-erection of buildings.
4. Charges for execution and maintenance of works of public utility lighting of
public places, drainage, conservancy and water supply operated and
maintained by City District Government.
Part - III
TEHSIL MUNICIPAL ADMINISTRATION
1. Local tax on services.

2. Fee on sale of animals in cattle markets.
3. Market Fees.
4. Tax on the transfer of immovable property.
5. Urban Immovable Property Tax as specified in this Act.
6. Fee for fairs, agricultural shows, cattle fairs, industrial exhibitions,
tournaments and other public events organized by Tehsil Municipal
Administration.
7. Fee for licenses or permits and penalties or fines for violations.
8. Fee on cinemas, dramatical, theatrical shows and tickets thereof, and other
entertainment.
9. Collection charges prescribed for recovery of any tax on behalf of the
Government, other local governments or any statutory authority.
10. Rent for land, buildings, equipment, machinery and vehicles owned by Tehsil
Municipal Administration.
11. Fee for specific services rendered by a Tehsil Municipal Administration.
12. Tax on vehicles other than motor vehicles registered in the Tehsil.
13. Fee on advertisements, other than on radio and television, and billboards.
14. Fee for approval of building plans, erection and re-erection of buildings
15. Charges for development, betterment, improvement and maintenance of
works of public utility like lighting of public places, drainage, conservancy and
water supply by Tehsil Municipal Administration.
Part - IV
TOWN MUNICIPAL ADMINISTRATION
1. Taxes enumerated at Serial # 1 to 12 of Part-III.

2. Fee for approval of building plans, erection and re-erection of buildings with
63
the approval of the City District Government.

64
Part-V
VILLAGE & NEIGHBOURHOOD COUNCILS
1. Prescribed fees for licensing of professions and vocations in the area of the
Council.
2. Fees for registration and certification of births, marriages, and deaths.
3. Charges for specific services rendered by the Council.
4. Rate for the remuneration of Village and Neighbourhood guards.
5. Rate for the execution or maintenance of any work of public utility like lighting
of public places, drainage, conservancy and water supply operated by the
Council.
6. Conservancy charges.
FOURTH SCHEDULE
[ See section 66]
LIST OF OFFENCES WITH ENFORCEMENT JURISDICTION REQUIRING COURT TRIAL
PART-I
S.# Offence
1. Overcharging or illegally charging any tax, fee, fine, charge or rate by an

employee of a local government or a contractor or his staff without the
authority of a local government.
2. Preparing or using counterfeit or proscribed Forms of the local government.
3. Wilfully obstructing any officer or servant of a local government or any

person authorized to exercise powers under this Act.
4. Failure to deliver back possession of property to the local government on

cancellation and expiration of lease.
5. Doing an act without license or permission when the doing of such act
requires a license or permission under this Act or the rules or bye-laws
made under it.
6. Evasion of payment of tax or other impost lawfully levied by a local

government.
7. Contravention of the prohibition or attempt or abetment of any of the

offences in this Part
8. Discharging any dangerous chemical, inflammable, hazardous or offensive

article in any drain, or sewer, public water course or public land vested in or
managed, maintained or controlled by the local government in such manner
as causes or is likely to cause danger to persons passing by or living or
working in neighbourhood, or risk or injury to property.
65
9. Failure of industrial or commercial concerns to provide adequate and safe

disposal of affluent or prevention of their mixing up with the water supply or
sewerage system.
66
S.# Offence
10. Supplying or marketing drinking water for human consumption in any form,
from any source which is contaminated or suspected to be dangerous to
public health, or its use has been prohibited by a local government on the
ground of being unsafe for human consumption, or whose quality and
suitability for human consumption has not been ascertained and certified by
a laboratory authorized by the Government.
11. Cultivation of agriculture produce or crop, for supply or sale to public using
such manure, or irrigating it with sewer water or any such liquid as may be
injurious to public health or offensive to the neighbourhood.
12. Violation of the prohibitions provided in the Master Plan, the sanctioned
Site Development Schemes under this Act or any other law for the time
being in force including plans and schemes sanctioned under the repealed
enactments.
13. Adulteration of any eatable or drinkable or consumable item sold or

supplied to the public.
14. Manufacturing, trading, storing or supplying any eatable or drinkable item

and other items unsafe for human consumption or public health.
15. Without license from relevant authority manufacturing, storing, trading or

carrying fire crackers, fire balloons or detonators or any dangerous
chemical, inflammable, hazardous or offensive article or material.
16. Immovable encroachment in or on or under any property or any open space

or land vested in or managed, maintained or controlled by a local
government.
17. Erection or re-erection of building over set back area or parking area or
building line area required to be left open under the rules or using such
space for any purpose which is not approved.
18. Changing or converting into any other use any portion of a commercial
building or area specified or earmarked for public parking.
19. Failure to demolish or otherwise secure a building declared by the local

government to be dangerous.
20. Establishing any parking stand on any property or on any open space and
public park or land vested in or managed, maintained or controlled by a
local government on or under a street, road, graveyard or a drain without
the sanction of the relevant local government.
21. Quarrying, blasting, cutting timber or carrying building operations in such

manner as causes or is likely to cause danger to persons passing by or
living or working in the proximity.
22. Erection or re-erection of a building without the sanction required under this
Act or using a building for a purpose which may endanger the security of
people.
23. Dyeing or tanning skins within such distance of any commercial or

residential areas as may be specified by the local government.
67
PART-II
S.# Offence
24. Contravention of the prohibition or attempt or abetment of any of the

offences in this Part.
25. Manufacturing, keeping, storing or selling wire thread or any other material
meant for kite flying or in the manner causing danger to the human life or
the electric installations or disruption in electric supply.
26. Preparation and sale of article or articles of food or drink by a person

apparently suffering from any infectious or contagious disease that may
endanger the health of people.
27. Establishing any cattle market without permission of the local government.
28. Establishing any bus, wagon, taxi or other commercial motorized or non-
motorized vehicle stand for the purpose of plying them on different routes
on any road, street, footpath, public place or any other property vested or
managed or controlled or maintained by a local government without its
permission.
29. Establishing or running any restaurant or vending stalls for eatables on any
road, street, footpath, public place, over a drain, or any other property
vested in or managed or controlled or maintained by a local government
without its permission.
30. Establishing a brick kiln and lime kiln within such distance of a residential
area as may be specified by the local government.
31. Cutting down of any tree, or erection or demolition of any building or part of
a building where such action is declared under this Act to be a cause of
danger or annoyance to the public.
68
FIFTH SCHEDULE
[See section 66 & 68]

OFFENCES WHERE TICKET CAN BE ISSUED
Amount of
S.# Offence
Fine
1. Neglect in safe storage of eatable, drinkable and other Rs. 2,000
consumable items sold or supplied to the public.
2.
a. Fixing of wooden khokhas, and temporary shops or Rs.1,000
extension thereof on footpaths or beyond the street line.
b. Plying of handcarts for the sale of goods without
Rs.200
permission.
3. Failure by the owner or occupier of any land to clear away
and remove any vegetation declared by a local government Rs. 500
to be injurious to health or offensive to neighbourhoods.
4. Slaughtering of animals for the sale of meat at a place other Rs. 500
than the place set apart for the purpose.
5. Without the permission of the local government causing or a. Rs. 2,000 in
knowingly or negligently allowing the contents of any sink, case of
sewer or cesspool or any other offensive matter to flow, or commercial
drain or to be put upon any street, or public place, or into concerns.
irrigation channel or any sewer or drain not set apart for the b. Rs.500 for
purpose. others.
6. Keeping or maintaining any cattle in any part of the
prohibited zone or failure to remove the cattle from the Rs. 500
prohibited zone within the specified time when an order to
this effect has been made.
7. Keeping ferocious dogs or other animals in residential areas
or taking such animals to public places or the areas
specified by the local government, without leash or chain Rs. 500
and without being muzzled or to set at large any animal or
dog infected with rabies or any other infectious disease.
8. Obstructing or tampering with any road, street, drain or Rs. 2,000
pavement.
9. Obstructing or tampering with any main pipe, meter or any
apparatus or appliance for the supply of water or sewerage Rs. 2,000
system.
10. Without previous sanction of the local government- laying
out a drain or altering any drain in a street or road; Rs. 1,000
connecting any house drain with a drain in a public street;
and drawing off, diverting or taking any water.
11. Excavation of earth, stone or any other material within such
distance of the residential area as specified by the local Rs. 1,000
government.
69
12. Burying or burning a dead body at a place which is not a

public or registered burial or burning place, except with the Rs. 1,000
sanction of the local government.
13. Failure to furnish, on requisition, information in respect of
any matter which a local government is authorized to call for Rs. 500
under any of the provisions of the Act, rules or bye-laws or
furnishing wrong information.
14. Obstructing lawful seizure of animals liable to be
impounded on the ground of violations of rules or by-laws
governing the picketing, tethering, keeping, milching or Rs. 500
slaughter of animals or their trespass of private or public
property.
15. Picketing, parking animals or collecting carts or vehicles on
any street, using any street as a halting place for vehicle or Rs. 500
animals or as a place for encampment without permission
of the local government.
16. Causing or permitting animals to stray or keeping, tethering,
stalling, feeding or gazing any cattle on any road, street or
thoroughfare or in any public place or damaging or causing Rs. 500
or permitting to be damaged any road, street or
thoroughfare by allowing cattle to move thereon.
17. Disposal of carcasses of animals within prohibited distance.
Rs. 500
18. Failure to dispose of offal, fat or any organ or part of a dead

animal in a place set apart for the purpose by the local Rs. 500
government.
19. Throwing or placing any refuse, litter or garbage on any
street, or in any place, not provided or appointed for the Rs. 500
purpose by a local government.
20. Failure to provide for disposal of litter or garbage inside or Rs. 500
outside a shop by its owner.
21. Failure to maintain clean premises of the area in front of a
shop, office or factory up to the public street or road serving Rs. 1000
this facility.
22. Watering cattle or animals, or bathing or washing at or near Rs. 500
a well or other source of drinking water for the public.
23. Steeping hemp, jute or any other plant in or near a pond or
any other excavation within such distance of the residential Rs. 1,000
area as may be specified by a local government.
24. Failure to provide, close, remove, alter, repair, clean, Rs. 3,000 for
disinfect or put in proper order any latrine, urinal drain, commercial
cesspool or other receptacle for filth, sullage, water or concerns
refuse by an owner of a house, shop, office, industry or Rs.500 for
premises. house
70
25. Failure to clean the premises, houses, shops and cultivated

lands of the plastic bags and other non-perishable Rs. 500
materials.
26. Damaging or polluting physical environment, inside or Rs. 2,000 for
outside private or public premises, in a manner to endanger public
public health. premises
Rs.500 for
private
premises
27. Failure by the owner or occupier of any land to cut or trim
the hedges growing thereon which overhang any well, tank Rs. 500
or other source from which water is derived for public use.
28. Failure by the owner or occupier of any land or building to
clean, repair, cover, fill up or drain off any private well, tank
or other source of water supply, which is declared under Rs. 1,000
this Act to be injurious to health or offensive to the
neighbourhood.
29. Failure to stop leakages of water pipes, faucets and
sanitary fittings resulting in dirty water pools affecting Rs. 1,000
physical environment and breeding of mosquitoes.
30. Failure of an owner or occupier of any building or land to
put up and keep in good condition troughs and pipes for Rs. 1,000
receiving or carrying water or sullage water.
31. Feeding or allowing to be fed an animal meant for dairy or
meat purposes, on deleterious substance, filth or refuse of Rs. 1,000
any kind which is dangerous to health of consumers.
32. Defacing or disturbing any direction-post, lamp post or lamp
extinguishing or any light arranged by a local government Rs. 1,000
without due authority.
33. Fixing or allowing the fixing of any bill, notice, play card,
poster or other paper or means of advertisement against or Rs. 1,000
upon any private or public building or place other than the
places fixed for the purpose by a local government.
34. Exhibiting any obscene advertisement. Rs. 1,000
35. Loud playing of music or radio, beating of drum or tom-tom,

blowing a horn or beating or sounding any brass or other
instruments or utensils in contravention of any general or Rs. 1,000
special prohibition issued by a local government or a
hospital or an educational institution.
36. Loud shouting in abusive language causing distress to the
inhabitants of a neighbourhood or village or any other public Rs. 1,000
place.
37. Using or allowing the use for human habitation of a building
declared by a local government to be unfit for human Rs. 1,000
habitation.
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38. Failure to lime-wash or repair a building, if so required by Rs. 1,000

local government.
39. Begging importunately for alms by exposing any deformity Rs. 500
or disease or any offensive sore or wound to solicit charity.
40. Causing or permitting to be caused by any owner or keeper
of an animal who through neglect or otherwise damage any Rs. 1,000
land or crop or produce of land, or any public road, by
allowing such animal to trespass thereon.
41. Selling cattle and animals in contravention of any law, rule Rs. 1,000
or by-laws of a local government.
42. Kite flying in contravention of any general or specific Rs. 300
prohibition issued by local governments.
43. Keeping pigeon or other birds in a manner causing danger Rs. 500
to air traffic.
44. Digging of public land without the permission in writing of Rs. 1,000
local government.
45. Contravention of the prohibition or direction Rs. 500
of the local government issued under the Act.
46. Attempt or abetment of any of the offences in this Schedule. Same as for
the offence
specified in
the Schedule
72
Khyber Pakhtunkhwa Local Government Act, 2013
SIXTH SCHEDULE
[ See section 68)]
FORM OF TICKET
Name & Address of the Offender: Name & Address of the Offender: Name & Address of the Offender: Name & Address of the Offender:
NIC No. NIC No. NIC No. NIC No.

Particulars of Offence:(Section of Law with Particulars of Offence:(Section of Law with Particulars of Offence:(Section of Law with Particulars of Offence:(Section of Law with
details of offences: details of offences: details of offences: details of offences:
Date of commission of Offence: Date of commission of Offence: Date of commission of Offence: Date of commission of Offence:
Amount of Fine: Rs. Amount of Fine: Rs. Amount of Fine: Rs. Amount of Fine: Rs.
(in letters) (in letters) (in letters) (in letters)
Date by which the Fine is to be paid Date by which the Fine is to be paid Date by which the Fine is to be paid Date by which the Fine is to be paid
(Note: The amount of fine shall be deposited in Bank) (Note: The amount of fine shall be deposited in Bank) (Note: The amount of fine shall be deposited in Bank) (Note: The amount of fine shall be deposited in Bank)
Corrective actions Corrective actions Corrective actions Corrective actions

ordered: ordered: ordered: ordered:
Name of the Court having jurisdiction: Name of the Court having jurisdiction: Name of the Court having jurisdiction: Name of the Court having jurisdiction:
Signature or Thumb Impression of the Offender: Signature or Thumb Impression of the Offender: Signature or Thumb Impression of the Offender: Signature or Thumb Impression of the Offender:
Signatures and seal of Enforcement Officer Signatures and seal of Enforcement Officer Signatures and seal of Enforcement Officer Signatures and seal of Enforcement Officer
Copy-1 (To be retained by Enforcement Copy-2 (To be retained by Offender on payment Copy-3(To be returned to Enforcement Officer Copy-4 (To be sent by the Bank to the
Officer) of fine) by offender after payment within ten days) local Accounts Officer)
63
64
SEVENTH SCHEDULE
[See sections 112 and 113]
Part - I
Rules
1. Local Government (Conduct of Elections);
2. Local Government (Taxation);
3. Local Government (Servants);
4. Local Government (Budget and Accounts);
5. Local Government (Contracts);
6. Local Government (Works & Services);
7. Local Government (Development Authorities);
8. Local Government (Regulation of Site Development Schemes);
9. Local Government (Monitoring & Supervision);
10. Local Government (Provision of Information and Transparency);
11. Local Government (Internal Audit);
12. Local Government (Public Private Partnership);
13. Local Government (Conduct of Inspections).
14. Local Government (Elected Officials Conduct);
15. Local Government (Procurement);
16. Local Government (Fiscal Transfers);
17. Local Government (Registration of births, deaths and marriages; and
18. Any other set of rules necessary for implementation of this Act.
Part – II
Bye-laws
1. Conduct of Business and Conduct of Meetings
2. Zoning, master planning, and buildings.
3. Dangerous buildings and structures.
4. Prevention of encroachments.
5. Elected officials remuneration and allowances
6. Agricultural Development
7. Community Development and Social Welfare.
8. Registration of sale and control of cattle and animals.
9. Registration, management and regulation of orphanages, widow homes,
senior citizens homes, homes for the mentally ill, and women in distress.
10. Regulation of burial and cremation places.
11. Slaughter of animals and maintenance of slaughterhouses.
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12. Prevention of adulteration of foodstuffs.

13. Animal husbandry and milk supply.
14. Prevention and abatement of nuisances.
15. Dangerous and offensive articles and trades as indicated in the Annexure.
16. Regulation of traffic.
17. Organization and regulation of fairs, shows, tournaments and other public
gatherings.
18. Prevention of beggary, juvenile delinquency and other social evils.
19. Licensing.
20. Regulation of Markets.
21. Libraries.
22. Parks and open places.
23. Prevention of air, water, noise, and soil pollution.
24. Forests and plantations.
25. Property Management.
26. Farm produce markets.
27. Encroachment on any public road, public street, or public place.
28. Picketing, parking animals or collecting carts or vehicles on any street.
29. Throwing or placing refuse on any street, or in any place not provided or
appointed for the purpose.
30. Dyeing or tanning animal skins.
31. Tampering with any main, pipe, or any apparatus or appliance for the
supply of water.
32. Excavation of earth, stone or any other material.
33. Disposing of carcasses of animals.
34. Use of sewer water for farming.
35. Flow or drain to be put upon any street, or public place, or into an irrigation
channel or any sewer or drain not set apart for the purpose.
36. Fixing any bill, notice, placard, or other paper or means of advertisement
against or upon any building or place other than the places fixed for the
purpose.
37. Fixing of wooden khokhas, plying of handcarts for the sale of goods, and
temporary or permanent shops or extensions thereof on footpaths or
beyond the street line.
38. Pollution of air, water or soil.
39. Watering cattle or animals, or bathing or washing at, or, near a well or other
source of drinking water for the public.
40. Other matters as in the opinion of the District Council are necessary or
expedient to be provided for in the bye-laws.
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ANNEXURE
[See Serial # 15 Seventh Schedule]
DANGEROUS AND OFFENSIVE

ARTICLES AND TRADES
1. The business of storing or selling timber, firewood, coal, charcoal and coke,
hay, straw, grass and bamboo, jute, shrub, hemp, munj and their products,
matches, explosives, petrol, oil and lubricants, paper, ghee and other
dangerously inflammable materials.
2. Sugar refining and sugar refineries.
3. Preparation of aerated water.
4. Operating or running bake houses.
5. Electroplating.
6. Welding.
7. Storing packing, pressing, cleaning, preparing or manufacturing by any

process whatever, blasting powder, ammunition, fireworks, gun-powder,
sulphur, mercury, gases, gum, cotton, saltpeter, nitro compounds, nitro
mixtures, phosphorous or dynamite.
8. Cleaning, dying, preparing or manufacturing by any process whatever, cloth

or
yarn in indigo and other colours.
9. Storing, processing, cleaning, crushing, melting, preparing or manufacturing

by any process whatever or dealing in bones, tallow, offal, fat blood, soap,
raw hides and skins, candles, manure, catgut and oil cloth.
10. Manufacturing oils.
11. Washings or drying wool or hair.
12. Making or manufacturing bricks, surkhi, tiles or earthenware pots, clay pipes
or other earthenware by any process of baking or burning.
13. Burning or grinding of limestone or metal stone or storing of lime for sale.
14. Cleaning or grinding of grain or chilies by any kind of class of machinery.
15. Keeping animals likely to create nuisances.
16. Fell mongering.

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17. Casting of heavy metals such as iron, lead, copper and brass.
18. Dealing in poisons, acid, chemicals, liquid or otherwise.
19. Wholesale storing, cleaning, pounding and selling of tobacco except the storing of
tobacco required for the preparation of biddis, cigars or cigarettes.
20. Operating or running tin factories.
21. Manufacture of safes, trunks and boxes.
22. Marble cutting and polishing.
23. Glass leveling and polishing.
24. Manufacture of cement and hume pipes.
25. Storing, packing, pressing, cleaning, preparing or manufacturing by any process

whatever, rags, pitch, tar, turpentine demmar, coconut, fibre, flax, hemp, rosin or spirit.
26. Tanning, pressing or packing hide or skins whether raw or dry.
27. Trade or operation of Ferries.
28. Working of power-looms, rice husking plants, steam whistle, steam trumpet or electric or
hand operated sirens beyond hours fixed for their operation by a local government.
29. Discharging firearms and letting off fire-works, fire balloons or detonators or any game
dangerous to life, dwelling and other property.
30. Any other article or trade declared by Government to be dangerous to life, health, or
property or likely to cause nuisance either from its nature or by reason of the manner in
which or the conditions under which, the same may be processed or carried on.
BY ORDER OF MR. SPEAKER PROVINCIAL ASSEMBLY OF

KHYBER PAKHTUNKHWA
--------------------------------------
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CHAPTER 7
MAJOR MUNICIPAL SERVICES
INTERNATIONAL AND NATIONAL STANDARD
1. Why should organisations understand municipal services?
Important things to know about municipal services
 What is a municipal service?

 Who is responsible for providing services?
 Factors to considered before deciding on service delivery options?
 Municipal service partnerships [MSPs]
 Types of MSPs
3. How does a municipality implement a MSP?
1. Why should organisations understand municipal services?
In democratic states the Constitution states that municipalities have the responsibility to make sure that
all citizens are provided with services to satisfy their basic needs. In this guide we will look at what those
services are and the various ways in which municipalities can provide them in an affordable manner. We
will also look at what role ordinary citizens can play to help municipalities decide what services to
provide and how they will be provided.
Organisations can participate in many consultation and decision-making processes at local level - for example
ward committees, budget consultations, ward meetings, Integrated Development Planning Forums, and so on. If
you want to represent people and fight for their interests, it is very important to understand the level of services
that are available, the ways services can be delivered and the choices for how to deliver services that your
municipality faces.
2. Important things to know about municipal services
What is a municipal service?
Municipalities must make sure that people in their areas have at least the basic services they need. There are a
large number of services that they provide, the most important of which are:
o Water supply
o Sewage collection and disposal
o Refuse removal
o Electricity and gas supply
o Municipal health services
o Municipal roads and storm water drainage
o Street lighting
o Municipal parks and recreation
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These services have a direct and immediate effect on the quality of the lives of the people in that community.
For example, if the water that is provided is of a poor quality or refuse is not collected regularly, it will contribute
to the creation of unhealthy and unsafe living environments. Poor services can also make it difficult to attract
business or industry to an area and will limit job opportunities for residents.
Basic services needed in rural areas may be different from those that urban communities need.
Who is responsible for providing services?
Local government [municipality] is the sphere of government closest to the people, they are elected by citizens
to represent them and are responsible to ensure that services are delivered to the community. One way in which
municipalities can do this is to provide the service themselves through the use of their own resources - finance,
equipment and employees. A municipality may also outsource the provision of a service. In other words, it may
choose to hire someone else to deliver the service but it remains the responsibility of the municipality to choose
the service provider and to make sure that they deliver the service properly.
Many municipalities, however, are unable to deliver services to residents. This might be because of lack of
finances or lack of capacity to provide a good service at an affordable price. Such municipalities should find
other ways to ensure that the services are improved and reach the people most in need of them. Some options
that they could consider are explained below:
Capacity building
It is possible for a municipality to improve and expand the delivery of services by improving their own ability to
do so. By improving a number of skills municipalities may be better able to deliver services effectively and
efficiently from inside. Better communication between the municipality and citizens will help council determine
the needs of the community and whether they are being met. Improved financial planning will help find the best
possible ways to use available funds. Better technical skills will improve delivery of a particular municipal
service.
Corporatisation
In some cases a municipality can improve the delivery of a service by corporatising it -that is by creating a
municipal company that will provide the service. The company belongs to council and is accountable for its
performance. Council usually appoints a board to oversee the work of the company management. The company
is able to function more independently than a municipal department whilst acting under the overall control and
supervision of council. Municipalities have to deliver so many different services that it is not possible to focus on
the best way to deliver certain specialised services. By allowing the company some independence they are free
to experiment with new techniques and technology and able to provide better services at lower costs.
Municipal service partnerships [MSPs]
There are instances where a municipality might feel that instead of providing the service directly they would
rather hire someone else (service provider) to do it. Reasons why a municipality would choose this route are that
other municipalities, organisations (NGOs or CBOs) or private companies may have better resources and
management skills to provide the service.
Whatever method a municipality chooses it must always be in line with the overall goals of improving the quality
of services, extending services to residents who do not have them and providing services at an affordable cost.
We will look at the MSPs in more detail later on as there are a number of factors that municipalities need to
consider before deciding on one of these options. It is important to provide services that are affordable but
municipalities must do so without compromising on its ability to operate and maintain existing services.
Factors to be considered before deciding on service delivery options
Service levels
The most important factor to consider is the level [or standard] at which the service is provided. The choice of
the level of a particular service is influenced by affordability as well as community needs. When municipalities
make decisions about the level of services they should seriously consider the long-term viability of providing a
service at that level. If a municipality provides a service at a higher level the costs to provide the service
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increases and so does the price that the municipality will have to charge its customers. Since municipalities rely
heavily on income received from users, if the costs are too high and people are unable to pay, the municipality
will lose money and as will not be able to continue to provide the service. The following table lists the different
service levels for the most important services:
Table 1: Service Levels
Service Type Level 1 Basic Level 2 Intermediate Level 3 Full

Water Communal standpipes Yard taps, yard tanks In house water
Sanitation (Sewage collection/disposal VIP Latrine Septic tanks Full water borne
Electricity 5-8 Amp or non-grid electricity 20 Amps 60 Amps
Roads Graded Gravel Paved/tarred & kerbs
Stormwater drainage Earth lined open channel Open channel lined Piped systems
Solid Waste disposal Communal (Residents) Communal (Contractors) Kerbside
Provision of free basic municipal services
As part of its overall strategy to alleviate poverty in South Africa the government has put in place a policy for the
provision of a free basic level of municipal services. In his address at the inauguration of the Executive Mayor of
Tshwane on 10 February 2001, President Mbeki said: "The provision of free basic amounts of electricity and
water to our people will alleviate the plight of the poorest among us while plans for the stimulation of the local
economy should lead to the creation of new jobs and the reduction of poverty."
From this statement it is clear that water and electricity has been prioritised as a free basic service for the poor.
However, in their recent submission the Financial and Fiscal Commission (FFC) argues that other services
certainly also fit the definition of "basic services".
For example, low-income residents in rural areas generally do not see electricity as critical as they can access
other sources of energy such as wood or paraffin. Roads, or rather the lack of accessible roads negatively
affects their daily/economic activity, mobility and safety. This implies that some flexibility should be allowed for
municipalities to determine which services they will define as "basic service".
Options for free basic service
By far the most complex issue to consider when discussing the provision of free basic services is the funding of
such services. Municipalities receive their part of the equitable share, they can apply for infrastructure grants
and they raise their own revenue through service charges. [See guide on municipal budgeting and financial
management]
Municipalities need to analyse what their costs for free basic service provision is, what allocations they receive
and what their internal resource base is. This should then form the basis of what would be affordable and
therefore what the most suitable options for implementation would be.
Municipal service partnerships
What is a municipal service partnership?
A municipal service partnership (MSP) is an agreement between a municipality and a service provider. A service
provider may be another public authority (such as a water board or a district municipality), a private company, a
non-governmental organisation (NGO) or a community-based organisation (CBO).
In terms of the agreement, a service provider undertakes to provide a particular municipal service on behalf of a
municipality within specific timeframes, budget and targets. The service provider will either be responsible for
delivering a service to the entire community or only a section thereof. It may also be responsible to provide an
entire or only a particular aspect of the service - for example, a community based organisation can make an
agreement to collect rubbish from households and streets, and stack it in places where council trucks will collect
it.
Planning for service delivery and improvement
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One of a municipality's most important tasks is to find out the needs of its citizens and how best to provide for
these needs.
 Firstly, a municipality must determine what services it is providing, who is receiving it and what
is the quality of the thereof. For example: How often is the refuse collected?
 Secondly, the municipality must determine what services should be expanded or improved. Are
some areas in the community very dirty and poorly maintained?
 Thirdly, the priorities for expanding or improving services must be decided.
Once it has been established which services are to be expanded or improved clear timeframes and targets must
be developed for that the municipality can decide the best ways to reach its goals. It must also decide what
resources - financial, equipment, and skills - it will require to meet its goals.
It may happen that a municipality discovers that it does not have sufficient resources and may decide that it will
phase the provision of services or only provide it to a section of the community. It will also need to rethink how it
will implement the provision of services. In other words, will it provide the service directly or with a MSP or a
combination of methods. There are a number of MSP's to choose from they are explained below.
Types of MSPs
Service contracts
A service contract is an agreement between a municipality and a service provider to provide a particular
aspect of a municipal service on a short-term basis (only one or two years). The municipality provides
the budget and monitors the performance of the service provider to ensure that the service provided is
of a good quality and within the allocated budget.
An example of a service contract is repairs and maintenance of municipal equipment.

Management contracts
A management contract is an agreement between a municipality and a service provider in terms of which the
service provider is responsible for all aspects of a particular service. This type of agreement typically lasts
between three and five years. An example of a management contract is refuse removal where the service
provider is responsible for managing the collection of refuse, while using the municipality's staff and equipment.
Leases
A lease is an agreement between the municipality and the service provider where the service provider is
responsible for the overall management and delivery of a municipal service. The operating assets of the council
are hired by the contractor to enable it to perform the service. The contractor is also responsible for operating,
repairs and maintenance costs for the service it provides. The contractor may also take responsibility for
collecting tariffs.
Concessions
A concession is an agreement between a municipality and service provider where the service provider is
responsible for the management, operation, repair and maintenance of a particular service. The service provider
is required to invest large sums of money to expand and improve the service. For example, the service provider
may be required to build a new water supply system for the area. The contract period is often between twenty
and thirty years to allow the service provider enough opportunity to recover the costs on its investment. At the
end of the contract the ownership of the new plant and equipment belongs to municipality. Concessions are
often called BOTs - Build, Operate and Transfer.
3. How does a municipality implement a MSP?
When a municipality has decided to provide a service through a MSP it must then decide on an appropriate
service provider, meaning a provider that can meet the municipality's delivery goals at an affordable price and
by means of affirmative procurement procedures. This means that the municipality must as far as possible
ensure the participation of local residents and small companies which are owned and operated by previously
disadvantaged individuals.
72
Sometimes the appropriate service provider is a NGO or CBO, sometimes a private company or at other times it
could even be another public body such as another municipality or a water board, etc.
Usually the best way to find the right service provider is to get a number of them to compete against each other
in a bidding process. This helps the municipality to decide on the provider, which will provide it with the best
quality of service at the best possible price. It also protects the interests of citizens as it reduces the opportunity
for corruption.
The various bids are then evaluated, a preferred bidder chosen and a contract negotiated. Once the contract is
signed the MSP can begin to operate.
How does a MSP operate?
The contract between the two parties will describe each side's rights and responsibilities. For example, for a
refuse collection contract in a particular part of the community the service provider may be required to provide
refuse tips in designated areas and empty them a certain number of times a week.
The contract will also specify how often the service provider will receive payment. The fee may be fixed or vary
based on the provider's performance
The contract must also state that the municipality has the right to inspect the operations of the service provider
to make sure that they are doing what they are supposed to. If the service is not provided at a satisfactory level
the municipality has the right to take certain actions. For example, the municipality could withhold payment until
the service provider acts in terms of the contract and in more serious cases the municipality could also end the
contract.
The municipality's most important job during implementation of the MSP contract is to monitor performance to
ensure that all the requirements are being met and that citizens receive the correct amount and quality of
services.
Role of citizens in MSP's
Citizens and their organisations also have very important roles to play in the planning an implementation of
MSP's. Some of these are:
 Assisting the municipality to accurately decide on which services are to be expanded and
improved, particularly during the planning stages and insisting that council consults citizens
during decision-making
 Residents should also work with NGO's, CBO's and political parties to develop proposals for
council to consider
 Communities can also request the municipality to appoint a committee of community
representatives to monitor processes as well as to advise the municipality on priorities for
service extension and improvement.
 Communities or their representatives could also play some role in the evaluation of potential
service providers, the involvement of communities in service provision and monitoring of the
performance of service providers.
This kind of involvement from citizens will ensure that municipal planning and decision-making process will
reflect their needs and priorities and will lead to the types of decisions that will make for an open, fair and
democratic local government.
Structure of local government IN USA

Federal constitution of US does not mention local governments. Local governments are the creatures of states,
so these are structured in accordance with the laws of the various individual states. Typically each state has at
least two separate levels: counties and municipalities. Some states have their counties divided into townships
or special districts to meet the need of their population. And municipalities are also further divided into
different categories. Although the types and nature of the municipal entities varies from one state to other
according to their mass density. In a few states, there is only one level of local government. There are also
73
often local or regional special districts that exist for specific purposes, such as to provide fire protection, sewer
service, transit service or to manage water resources.
In most states, county and municipal governments exists side-by-side. In some states, a city can, either by
separating from its county or counties or by merging with one or more counties, become independent of any
separately functioning county government and function both as a county and as a city. In many states, counties
exist only to designate boundaries for such state level functions. Municipal governments are usually
administratively divided into several departments, depending on the size of the city.
Types of local government:

The constitutions of various states differ in many respects but to some extent they follow the same pattern as
like local government structure. Local governments in the United States are grouped into the following
categories.
Municipal government:
Generally corresponding to an area rather than one of a set of areas into which a county is divided. City
governments are chartered by states, and their charters detail the objectives and powers of the municipal
government. But in many respects municipal or city government function independently from state.
Types of municipal governments vary from one state to another. However, almost all have some kind of
central council, elected by the voters, and an executive officer, assisted by various department heads, to
manage the city's affairs. In few states both counties and municipal governments exist side by side.
There are three general types of municipal government: the mayor council, the commission, and the council
manager. These are the pure forms; many cities have developed a combination of two or three of them
Mayor Council:
This is the oldest form of city government in the United States. A mayor council city government consists of an
elected mayor and a number of council members. The mayor appoints heads of city departments and other
officials. He or she has the power of veto over ordinances, the laws of the city and frequently is responsible for
preparing the city's budget. The council passes city ordinances, sets the tax rate on property, and allocates
money among the various city departments. In some states the mayor may given a larger policy making role,
and responsibility for day-to-day operations is delegated to him.
The Commission:
The commission form of city government, also known as the Galveston Plan. This combines both the legislative
and executive functions in one group of officials, usually five or seven number, elected city-wide. Each
commissioner supervises the work of one or more city departments. One is named chairperson of the body
and is often called the mayor. Commissioners are responsible for taxation, appropriations, ordinances, and
other general functions.
Council/City Manager:
The council manager is a response to the increasing population and growing number of cities, which require
management expertise not often possessed by elected public officials. This form of government was
established to entrust most of the executive powers, including law enforcement and provision of services, to a
highly trained and experienced professional city manager. Under this system an elected council of usually five
to nine members makes the city ordinances and sets policy, but hires a paid administrator, also called a city
manager, to carry out the policies. The manager draws up the city budget and supervises most of the
departments. Usually, there is no set term; the manager serves as long as the council is satisfied with his or her
work. Though, the city manager is recognized as the political head of the municipality, but is a member of the
legislative body and does not have the power to veto legislative actions.
County government:
The county is a subdivision of the state. County governments are organized local governments, authorized in
74
state constitutions and statutes and established to provide general management in a region. 48 out of 50
states are divided into counties (while Parishes in Louisiana, and boroughs Alaska). In areas lacking a municipal
or township government, the county government is generally responsible for providing all services.
The county is a subdivision of the state, usually but not necessarily containing two or more townships and
several villages. New York City is so large that it is divided into five separate counties. While Arlington County &
Virginia, are governed by a unitary county administration. In most counties one city or town is designated as
county seat, where the government offices are located and where the important meetings held. In small
counties, boards are chosen by the county as a whole; in the larger ones, supervisors represent separate
districts or townships.
Sub County general purpose governments:
In most Midwestern and Northeastern states, counties are further subdivided into townships or towns.
Municipal and township governments are distinguished primarily by the historical circumstances surrounding
their formation.
Township governments:
Township governments are organized local governments, to provide general government for a defined area,
generally corresponding to one divided area of a county. Township will consist of Mayor and 3 to 5 elected
committee members. The committee members will act as the legislative body. The officials are all local
residents of this township, elected by the township citizenry, and always available to talk with their
constituency. The Township Committee may delegate, by ordinance, all or a portion of executive
responsibilities to an appointed administrator.
School districts:
School districts are organized local entities providing public elementary, secondary, and higher education
which, under state law, have sufficient administrative and fiscal autonomy to qualify as separate governments.
An elected or appointed board of members looks after the district functions.
Special districts:
Special districts are all organized local entities. A special district may serve areas of multiple states as compare
to other type of governments who can serve only in some specific area to qualify as a separate government.
Special districts are widely popular, to perform special functions like fire protection district, flood control
district, transportation district.
Standard Services of municipal corporation in

Pakistan
Functions of LMC (Lahore Metropolitan corporation)
Functions of Municipal Corporation under Punjab Local Government Act 2013
86. Metropolitan and Municipal Corporations.

The Metropolitan Corporation and a Municipal Corporation shall each be a body corporate having
perpetual succession and a common seal, with power to acquire and hold property and enter into any
contract and may sue and be sued in its name.
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87. Functions of Metropolitan and Municipal Corporations

(1) The Metropolitan Corporation and a Municipal Corporation shall:
 (a) Approve spatial plans, master plans, zoning, land use plans, including classification and
reclassification of land, environment control, urban design, urban renewal and ecological
balances;
 (b) Implement rules and bye-laws governing land use, housing, markets, zoning, environment,
roads, traffic, tax, infrastructure and public utilities;
 (c) Approve proposals for public transport and mass transit systems, construction of express
ways, fly-overs, bridges, roads, under passes, and inter-town streets;
 (d) Approve development schemes for beautification of urban areas;
 (e) Develop integrated system of water reservoirs, water sources, treatment plants, drainage,
liquid and solid waste disposal, sanitation and other municipal services;
 (f) Execute and manage development plans;
 (g) Exercise control over land-use, land-subdivision, land development and zoning by public and
private sectors for any purpose, including for agriculture, industry, commerce markets, shopping
and other employment centers, residential, recreation, parks, entertainment, passenger and
transport freight and transit stations;
 (h) Enforce all municipal laws, rules and bye-laws governing its functioning:
 (i) Prevent and remove encroachments;
 (j) Regulate affixing of sign-boards and advertisements except where this function is being
performed by the Parks and Horticulture Authority;
 (k) Provide, manage, operate, maintain and improve the municipal infrastructure and services,
including:
o (i) Water supply and control and development of water sources;
o (ii) Sewage and sewage treatment and disposal;
o (iii) Storm water drainage;
o (iv) Sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and
hospital wastes, treatment and disposal including landfill site and recycling plants;
o (v) Roads and streets;
o (vi) Traffic planning, engineering and management including traffic signaling systems, signs
on roads, street markings, parking places, transport stations, stops, stands and terminals;
o (vii) Street lighting;
o (viii) Firefighting;
o (ix) Parks, playgrounds, open spaces, graveyards and arboriculture; and
o (x) Slaughter houses;

 (l) Environmental control, including control of air, water and soil pollution in accordance with
Federal and Provincial laws and standards;
 (m) Undertake urban design and urban renewal programs;
 (n) Develop and maintain museums, art galleries, libraries, community and cultural centers;
 (o) Conserve historical and cultural assets;
 (p) Undertake landscape, monuments and municipal ornamentation;
 (q) Establish and maintain regional markets and commercial centers;
76
 (r) Prepare budget, revised budget and annual and long term municipal development programs;
 (s) Maintain a comprehensive data base and information system and provide public access to it
on nominal charges;
 (t) Approve taxes and fees;
 (u) Regulate dangerous and offensive articles and trades mentioned in Second Schedule;
 (v) Collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties;
 (w) Organize sports, cultural, recreational events, fairs and shows, cattle fairs and cattle markets,
and regulate sale of animals;
 (x) Regulate markets and services and issue licenses, permits, grant permissions and impose
penalties for violation thereof as and where applicable;
 (y) Manage properties, assets and funds vested in the local government;
 (z) Develop and manage schemes, including site development;
 (aa) Authorize an officer or officers to issue notice to a person committing any municipal offence
and initiate legal proceedings for continuance of commission of such offence or for failure to
comply with the directions contained in such notice;
 (bb) Prosecute, sue and follow up criminal, civil and recovery proceedings against violators of
municipal laws in the courts of competent jurisdiction;
 (cc) Promote technological parks, cottage, small and medium size enterprises;
 (dd) Maintain municipal records and archives;
 (ee) Assist in provision of relief in the event of any fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assist relevant authorities in relief activities;
 (ff) Provide relief for the widows, orphans, poor, persons in distress and children and persons
with disabilities;
 (gg) Prepare financial statements and present them for internal and external audit in the manner
as may be prescribed; and
 (hh) Perform such other functions as may be prescribed.
(2) The Metropolitan Corporation and a Municipal Corporation may entrust any of its functions to a
person, an authority, agency or company through a contractual arrangement, on such terms and
conditions as may be prescribed
Metropolitan Corporation Islamabad (MCI)
(Urdu: ‫ )بلدیہ عظمی اسالم آباد‬is the municipal authority that governs Islamabad Capital Territory in Pakistan.
The corporation is headed by the mayor of Islamabad, and its executive branch consists of 77 elected local
government members; comprising 50 union council chairmen and 27 reserved seatholders.[1]
The IMC presently has 11,000 employees and was created as a result of the bifurcation of Capital
Development Authority (CDA), with the majority of municipal services transferring to the new body. IMC's
responsibilities include urban planning, road maintenance, environment control, building control, water
supply, sanitation, and other services
KMC KRACHI MUNICIPAL CORPORATION

.krachi Municipal commission was established in 1852
77
In 1853 Municipal Commission was turned into Karachi Municipal Committee. The foundation stone
of KMC building was laid on Bundar road in 1927.
.
In 1933 Karachi Municipal Committee was upgraded to Karachi Municipal Corporation by Karachi
Municipal Act. Karachi Municipal Corporation was turned in Karachi Metropolitan Corporation in 1976.
Zonal Municipal Committees were established in 1987. The zonal committees were merged again in KMC.
Five District Municipal Corporations (DMC) were established in 1987. The KMC was abolished in 2000 and
5 DMC's were merged in City District Karachi. The City District Karachi was divided in 18 Towns and 178
union councils.In 2011 Sindh Government restored again Karachi Metropolitan Corporation (KMC) and 5
District Municipal Corporations (DMC).
 Services provided by KMC


 Prepare spatial plans for the DMC East in collaboration with Union Committees, including plans for land
use, zoning and functions for which the DMC East is responsible.
 Seek approval of the DMC East Council to the spatial plans prepared by it after due process of
dissemination and public enquiry incorporating modifications on the basis of such inquiry.
 Execute and manage development plan.
 Exercise control over land-use, land-subdivision, land development and zoning by public and private
sectors for any purpose, including for agriculture, industry, commerce, markets, shopping and other
employment centers, residential, recreation, parks, entertainment; passenger and freight transport and
transit stations.
 Enforce all municipal laws, rules and bye-laws governing its functioning.
 Prevent encroachments.
 Regulate affixing of sign-boards and advertisements.
 Provide, manage, operate, maintain & improve the municipal infrastructure and services including:
o Water supply and control and development of water sources, other than systems maintained by the
Union and Village councils.
o Sewerage, sewage and sewage treatment and disposal.
o Storm water drainage.
o Sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital
wastes.
o Roads and streets, other than roads falling under the jurisdiction of, and maintained by, the District
Government or Government and streets maintained by the Union Administration or Village council.
o Traffic planning, engineering and management including traffic signaling systems, signs on roads,
street markings, parking places, transport stations, stops, stands and terminals.
o Street lighting.
o Fire fighting.
o Parks, playgrounds open spaces and arboriculture.
o Slaughter houses.
 Compile information provided by Union and Village Councils of prioritized projects in the DMC Easts.
78
 Prepare budget, long term and annual municipal development programmes in collaboration with the Union
Committees, under the directions of DMC East Nazim.
 Maintain with the assistance of the District Government, Union and Village councils, a comprehensive data
base and information system for DMC East and provide public access to it on nominal charges.
 Propose taxes, user fees, rates, rents, tolls, charges, levies, fines and penalties under part II of the second
schedule for approval of the DMC East council; And notify the same after such approval.
 Collect approved taxes, user fees, rates, rents tolls, charges fines and penalties.
 Organize sports, cultural, recreational events, fairs and shows.
 Co-ordinate and support municipal functions amongst Unions and Villages.
 Regulate markets and services and issue licenses, permits, grant permissions and impose penalties for
violation there of as and where applicable.
 Manage properties, assets and funds vested in the DMC East and DMC East Council.
 Develop and manage schemes, including site development in collaboration with District Government and
Union Administration.
 Authorize an officer or officers to issue notice to a person committing any municipal offence and initiate
legal proceedings for continuance of commission of such offence or for failure to comply with the directions
contained in such notice.
 Prosecute, sue and follow up criminal civil and recovery proceedings against violators of municipal laws in
the courts of competent jurisdiction.
 Maintain municipal records and archives.
 Prepare financial statements and present them for internal and external audit in the manner as may be
prescribed.
The DMC - East Karachi may:
Assign or contract out, on such terms and conditions as approved by the DMC East Councils and after inviting
public object any of its functions to any public-private, public or private organization.
Provided that responsibility for discharge of such functions shall continue to vest with the DMC East.
On such terms and conditions as are mutually agreed, transfer its functions of responsibilities with regard to
providing municipal services to the Union Administration or Village Council.
Provided that no function of responsibility shall be transferred without allocation of corresponding resources and
funds.
Provided further that the responsibility to regulate and monitor such functions and services shall remain with the
DMC East.
By an agreement and on such terms and conditions as may be mutually agreed, perform any function of the
District Government .
With funds raised through voluntary contributions or external grant, but without recourse to additional enhanced
taxation, user charges or fees or recourse to any other sources of public funds and without incurring debt of any
nature, undertake any development project.
With the approval of the Government and concerned regulatory authorities of the federal commercial activity on
a self-financing basis with no liability to the public exchequer.
Set-up a corporate body to perform any of its function singly or jointly with other public or private bodies.
79
1: Legal & Institutional Framework for

Municipal
Services in Pakistan
The legal rules and institutional framework2 dealing with solid waste management in the country
include:
- Pakistan Environmental Protection Act (PEPA) 1997.
- Hazardous Substances Rules of 1999.
- Guidelines for Hospital Waste Management since 1998 prepared by the Environmental
Health Unit of the Ministry of Health, Government of Pakistan.
- Hospital Waste Management Rules 2005.
- Hazardous Substances Rules 2003.
- National Environment Quality Standards Rules
- Islamabad Capital Territory Bye Laws, 1968 by Capital Development Authority Islamabad.
- Section 132 of the Cantonment Act 1924 deals with Deposits and disposal of rubbish etc.
- Prime Minister’s committee on Climate Change established to ensure that Pakistan fulfills
requirements of Clean Development Mechanism (CDM) under the Kyoto Protocol.
- Local Government Planning Manual, Government of Punjab,2008
- National Drinking Water Policy of 2009
- National Sanitation Policy of 2006
- Planning and design Manual Municipal water Systems, General Advisory Services for PHED,
1970
- Design Standards for Water Supply Schemes in West Pakistan,1962

80
81
CHAPTER 8
DISASTER EMERGENCY MANAGEMENT , FIRE FIGHTING, EARTHQUAKES, FLOOD

,NATURAL CLAMITY , NDMA PDMA REHABLIATION AND RELIEF
3/17/2010
National disaster
management system in
Pakistan
Outline of Presentation
 Background the DM in Pakistan




 Gaps in Disaster Risk Management



 Disaster Management System
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3/17/2010
BACKGROUND
 Pakistan is vulnerable to a range of hazards- both natural as well
as man-made.

 Reactive emergency response (Calamity Act of 1958) approach
remained the predominant way of dealing with disasters in
Pakistan till 2006

 The Earthquake, 2005 highlighted Pakistan’s vulnerability to
disaster risks.

 Exhibited the need for establishing appropriate policy and
institutional arrangements to reduce losses from disasters in
future.

 The need fulfilled through promulgation of National Disaster
Management Ordinance, 2006.
Gaps in DRM
 Pakistan’s concept of preparedness for

natural disasters remained restricted to
relief.


 No institution for mitigation,
preparedness, response (other than
relief - including search, rescue,
evacuation, emergency medical and
food services) and rehabilitation.
2
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3/17/2010
National Disaster
Management Ordinanance
National Disaster Management Ordinance,

 
 
 
 
 
 
 
 
 The Ordinance provides for legal and institutional
arrangements for disaster management at federal,
provincial and district levels.

 To enable the Federal Government to put in place a
comprehensive system of disaster management in the
country, the Provincial Assemblies of Balochistan, the NWFP and

Punjab under Article 144 of the Constitution, passed resolutions
authorizing the Federal Government to make legislation on the
subject. The Sindh Assembly followed the suit.
84
Composition
 The Prime Minister will be the Chairman, ex-officio.



 The members include leaders of the opposition in Senate
and National Assembly, Federal Ministers for defense,
health, foreign affairs, social welfare & special education,
communication, finance and interior.
85
Composition
 Membership also include Governor NWFP (for FATA),
Chief Ministers of 4 Provinces, Prime Minister of AJ&K,
Chief Executive of NAs, Chairman JCSC, and
representatives of civil society or any other person
appointed by the Prime Minister.


 The Director General / Chairman of the NDMA shall act
as ex-officio Secretary of the commission.
National Disaster Management Commission

(NDMC)
Powers and Functions

 Lay down policies on disaster management.

 Approve the National Plan.

 Approve Plans prepared by the Ministries /
Divisions of the Federal Government in

accordance with the National Plan.
 Lay down guidelines to be followed by
Federal Government and Provincial
Authorities.
5
86
3/17/2010

(NDMC)
Cont… Powers and Functions
 Arrange for, and oversee, provision of funds for
the purpose of mitigation measures, preparedness
 and response.
 Provide such support to other countries affected by
major disasters, as the Federal Government may

determine; and
 Take such other measures for the prevention of
disaster, or the mitigation, or for preparedness and
capacity building for dealing with disaster situation
considered necessary.
DISTRI
CT
NAZIM
DDMA Structure
& Members
DCO
Financ Pakistan
District Police e and Red
Planni Crescent
Officer ng Society
Represe
Works ntatives
Representatives of and of
TMA Services NGOs
Represe
ntatives
Representatives of Agricul of
ture
UCs INGOs
Health
87
Depart
ment
School
and
literacy,
Social
Welfare
Revenue
Civil Defense
District Disaster Management Authority

(DDMA)
Composition
(a) Nazim of the District who shall be
Chairperson, ex-officio;
(b) the District Coordination Officer;
(c) the District Police Officer, ex-officio;
(d) the Executive District Officer Health; and
(e) such other district level officers, to be
appointed by the District Government.
12
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3/17/2010

(DDMA)
Powers & Functions
 To prepare a Disaster Management Plan including
District Response Plan.

 To coordinate and monitor the implementation of the
National Policy, Provincial Policy, National Plan,
Provincial Plan and District Plan.

 To ensure that the areas in the District vulnerable to
disasters are identified and measures for the prevention of
disasters and the mitigation of its effects are undertaken
by the departments.

(DDMA)
…Powers & Functions
 To ensure that the Guidelines for prevention,
mitigation, preparedness and response measures as
laid down by the NDMA and the PDMA are followed
by all Departments.

 To give directions to authorities at the District level to
take all such measures for the prevention or mitigation
of disasters as may be necessary.

 To lay down Guidelines for preparation of Disaster
Management Plans by the Departments and local
authorities in the District.
13
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3/17/2010

(DDMA)
Powers & Functions
 To monitor the implementation of District Disaster
Management Plans.

 To lay down Guidelines to be followed by the District
Departments.

 To organize and coordinate specialized training
programmes for District level officers, employees and
voluntary rescue workers.

 To facilitate community training and awareness
programmes for prevention of disaster or mitigation with the
support of local authorities, Governmental and Non-
Governmental Organizations.

(DDMA)
…Powers & Functions
 To set up, maintain, review and upgrade the mechanism
for early warnings and dissemination of proper information
to public.

 To prepare, review and update District level Response
Plan and Guidelines.

 To coordinate with local authorities, and give them Guidelines to
ensure that pre-disaster and post-disaster management activities
in the District are carried out promptly and effectively. 
14
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3/17/2010

(DDMA)
Powers & Functions
  To review development plans prepared by the District
Departments, statutory authorities or local authorities to make
necessary provisions for prevention of disaster, or mitigation
arrangements.

 To identify buildings/places which could, in disaster situations,
be used as Relief Centre or Camps.

 To establish stockpiles of relief & rescue materials and make
such materials available at a short notice.

 To provide information to the PDMA relating to different
aspects of Disaster Management.

(DDMA)
Cont…Powers & Functions
 To encourage involvement of NGOs & voluntary social welfare

organizations at the grassroots level in the District for disaster
management.

 To ensure that communication systems are in order, and
disaster management drills are carried out periodically; and 

 To perform other functions of disaster management in the
District assigned to it by the Provincial Government/PDMA.
15
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3/17/2010
National Institute of Disaster Management

(NIDM)
 This Institute may be tasked to develop training modules,
undertake research and documentation in the field of
Disaster Management, and organize training programmes.

 The Institute may formulate and implement a comprehensive
Human Resource Development Plan, covering all aspects of
Disaster Management.

 The NIDM may provide assistance in national level policy
formulation in the field of Disaster Management.

 The Institute may provide required assistance to the training
and research institutes for development of training and
research programmes for stakeholders including
Government functionaries;
Cont….
 It may provide assistance to the Provincial Governments in
the formulation of Provincial level policies, strategies, and
disaster management framework.

 NIDM may develop educational materials for Disaster
Management including Academic and Professional Courses.

  It may promote awareness among stakeholders, including

College or School Teachers and Students, technical personnel
and others associated with multi-hazard mitigation,
preparedness and response measures.
16
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3/17/2010
National Disaster Response Force

 The NDRF shall be established for the purpose of specialist
response to a threatening disaster situation or disaster.

 the Force shall be constituted in a prescribed manner and the
terms and conditions of service of the members of the Force
shall be laid down.

 The general superintendence, direction and control of the
NDRF shall vest in the NDMA.
National Disaster Management Fund

 Federal Government to constitute a National Disaster
Management Fund through Notification, for meeting any
threatening disaster situation or disaster.

 The Fund shall be financed from the following sources,
namely:-

(a) grants made by the Federal Government;
(b) loans, aid and donations from the national or
international agencies; and
(c) donations received from any other source.
17
93
3/17/2010
Cont….
 NDMF shall be kept in one accounts maintained in local
or foreign currency, in scheduled banks in Pakistan and
shall be operated in accordance with the directions of the
by the NDMA.


 The Fund shall be administered by the NDMA towards
meeting the expenses for emergency preparedness,
response, mitigation, relief and reconstruction.
Provincial Disaster Management Fund

 Each Provincial Government shall establish Provincial
Disaster Management Fund.

 It shall be financed through grants made by the
Federal Government/Provincial Governments; loans,
aid and donations from the national /international
agencies.

 This Fund shall be used for meeting the expenses for
emergency preparedness, response, mitigation, relief
and reconstruction in the Province.
18
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3/17/2010
MAJOR ABRIVATION
95
GIZ Deutsche
AC Assistant Commissioner Gesellschaft für
ACO Assistant Coordination Officer Internationale
BGR Federal Institute for Geosciences Zusammenarbeit
and Natural Resources (Germany) GLOF Glacial Lake
CBO Community Based Organisation Outburst Flood
CDPM Center for Disaster GSP Geological Survey of
Preparedness and Management Pakistan
(Peshawar) GTZ Deutsche
CMO Chief Municipal Officer Gesellschaft für
CNG Compressed Natural Gas Technische
CSO Civil Society Organisation Zusammenarbeit
CSSR Collapsed Structure Search and HA Hectare
Rescue ICDMCC Inter-Union
DC Deputy Commissioner Council Disaster
DCO District Coordination Officer Management Coordination
DDMA District Disaster Management Committee
Authority IFRC International
DDMU District Disaster Management Federation of Red Cross
Unit and Red Crescent Societies
DDMO District Disaster Management IDP Internally Displaced
Officer Person
DPMP Disaster Preparedness and INGO International Non-
Management Project governmental
Organisation
DRM Disaster Risk Management
KP Khyber Pakhtunkhwa
DRR Disaster Risk Reduction
LADA Local Area
EDO Executive District Officer
Development Authority
EMR Emergency Medical Responder
LADMF Local Area
EMT Emergency Medical Technician
Disaster Management
ERT Emergency Response Team Framework
EWM Early Warning Mechanism LPG Liquefied Petroleum
FF Fire Fighter Gas
FR First Responder MAF Million Acre-Feet
FWO Frontier Works Organisation MC Municipal Committee
GCM Group Coordination Meeting
MCDMC Municipal Committee
Disaster Management Center
96
MDMAF Municipal Disaster Management UNFCC United Nations

Advisory Forum Framework Convention on
MDMF Municipal Disaster Management Climate
Framework USAID United States Agency for
MFR Medical First Responder International Development
MM Millimeter WAPDA Water and Power
MOU Memorandum of Understanding Development Authority
MR Medical Responder WWF World Wide Fund for
NDMC National Disaster Management Nature
Commission
NDMO National Disaster Management Ordinance
NDRMF National Disaster Risk Management
Framework
NGO Non-governmental Organisation
NHA National Highway Authority
NOC No-objection Certificate
NTC National Telecommunication Corporation
NWRDP National Water Resources Development
Programme
PaRRSA Provincial Reconstruction, Rehabilitation
and Settlement Authority
PCNA Post-Crisis Needs Assessment
PDMA Provincial Disaster Management Authority
PDMC Provincial Disaster Management
Commission
PHD Public Health Department
PMD Pakistan Metrological Department
PRCS Pakistan Red Crescent Society
PTCL Pakistan Telecommunication Company
Limited
RA Road Accident
RITE Regional Institutes for Teacher Education
SDPI Sustainable Development Policy Institute
SOG Standard Operating Guideline
SOP Standard Operating Procedure
S&R Search and Rescue
TMA Tehsil Municipal Administration
TMO Tehsil Municipal Officer
TOR Terms of Reference
TWG Technical Working Group
UCDMC Union Council Disaster Management
Center
UCDMU Union Council Disaster Management
Unit
UN United Nations
UNDP United Nations Development Programme
97
¾ Orientation of
DISASTER DDMUs on
EMERGENCY roles,
competencies
MANAGEMENT and procedures
FLOOD ¾ Dissemination
of the DRM
EARTHQUAKE FIRE Model
Mansehra for
FIGHTING NATURAL future
initiatives of
CLAIMITY the PDMA-
PaRRSA and
REHABLIATION AND DDMUs
RELIEF
03
In 2010, the Government of Khyber Pakhtunkhwa
established District Disaster Management Units
(DDMUs) in all the districts of Khyber
Pakhtunkhwa. As of now, these units are in the
process of setting up working procedures and
carrying out their duties with a diverse range of
stakeholders including government agencies, non-
governmental institutions and citizens.
The Disaster Preparedness and Management

Project (DPMP) executed by GIZ (ex GTZ) in
2008-2010 developed and established a model
for ensuring disaster management at the district
level in Mansehra. In extension of efforts carried
out by DPMP, the PDMA/PaRRSA and GIZ
Governance Programme have agreed to review
the Mansehra experience as a crucial input for
scaling-up and rolling-out of operational
DDMUs in the province.
The process approaches, actions and success

stories of this model will provide guiding
principles to district and local government
leadership, and shall explain how existing
resources could effectively and productively be
used in disaster risk management. Each district
must determine how these actions apply within its
own context and capacity for replication of the
model in their respective jurisdictions.
The need to devise a strategy to establish

functional DDMUs in other parts of the
province and to ensure that these units have the
requisite capacities has been explicitly
communicated by implementing partners during
the planning phase of the GIZ Governance
Programme conducted in 2011. Subsequently, an
agreement was reached with PDMA/PaRRSA
on extending joint efforts under Administrative
Reform Component’s Output 4 with a focus on:
98
To fulfill these objectives, the handbook attempts to explain the processes,

approaches, methodologies and tools which have been developed and tested
under the DRM Model Mansehra. The methods and tools proposed in this
guide are generic and can be adapted according to the characteristics of
different natural hazards, development issues, geographical conditions,
institutional settings, and administrative arrangements. In order to
strengthen GIZ’s assistance to governments and other concerned
organisations in promoting disaster management, the handbook has been
developed on the basis of empirical knowledge, experience sharing and best
practices in scaling-up the DRM Model Mansehra, and its implementation
challenges and outcomes. It will help the District Disaster Managment
Officers and Chief Municipal Officers for replication of this model in their
respective districts and municipalities.
The handbook draws heavily on the field experience of local

government officials, development practitioners and civil society
activists for strengthening the institutional capacities of DRM systems in
Mansehra. Management knowledge, expertise and practices explained in
this handbook will provide useful guidance to local government
leadership as a first step in understanding disaster risk management
related skills and shall also help in building the capacity of the
practitioners for implementation of the model in other districts.
The handbook is developed with the support of GIZ Governance

Programme by compiling, documenting and providing information on
strategies, policies and efforts made by DDMU Mansehra with the
technical support of the GIZ. The handbook is an overview of the
combined efforts made by multi-stakeholders in making District
Mansehra a pioneering paradigm in disaster risk management.
99
CHAPTER 2 Key Concepts in DRM
2.1 Disaster
Some hazards can cause secondary hazards, such
A serious disruption of the functioning of a community as, an earthquake causing landslides can block
or a society involving widespread human, material, river flow which may cause flooding. A
economic or environmental losses and impacts, which community may be exposed to multiple hazards
exceeds the ability of the affected community or society as a result of secondary hazards.
to cope using its own resources (United Nations
International Strategy for Disaster Reduction 2004). 2.3 Hazards in Khyber Pakhtunkhwa Province
The Province of Khyber Pakhtunkhwa is in the
A disaster happens when a hazard impacts upon a vulnerable
grip of major hazards, having the potential to
population and causes damage, casualties and disruption. An
damage people and property on regular intervals:
earthquake in an uninhabited desert cannot be considered a
disaster, no matter how strong the intensity may be. An
earthquake is only disastrous when it affects people, their Major hazards in Khyber Pakhtunkhwa
properties and activities. 1.Earthquake 6. Flood
2.2 Hazard 2.Landslide 7. GLOF

3.Drought 8. Avalanche
A dangerous phenomenon, substance, human activity or
condition that may cause loss of life, injury or other 4.Epidemic 9. Fire
health impacts, property damage, loss of livelihoods and
5.Industrial 10. Conflict
services, social and economic disruption, or
environmental damage.
Hazard is an event or occurrence that has the potential to

cause injuries to life and damage property or the
2.4 Classification of hazards
Hazards are classified into four major categories:
environment. Examples of natural hazards are floods,
tsunamis, earthquakes, etc. Landslides, floods, droughts and Major hazards in Khyber Pakhtunkhwa
fires can be described as socio-natural hazards since their
causes are both natural and man-made. The distinction ¾ Natural hazards i.e.
between natural and man-made hazards is becoming harder Hydro-meteorological hazards
to define. For example, flooding may be increased through Geological hazards
landfill, drainage or groundwater extraction.
¾ Human induced or socio-nature hazards
Storm surge hazard may be worsened by the destruction of ¾ Technological hazards

mangroves. Human-made hazards are associated with industrial
or energy generation facilities and include explosions, leakage of ¾ Biological hazards
toxic waste, pollution and dam failures. War, complex conflicts,
terrorism and civil strife are also included in this category.
2.4.1 Natural hazards
Natural process or phenomenon that may cause
loss of life, injury or other health impacts,
property damage, loss of livelihoods and services,
social and economic disruption, or environmental
damage. Natural hazards are a sub- set of
all hazards. The term is used to
describe actual hazard events as well as
the
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The Disaster Risk Management Handbook 06
100
latent hazard conditions that may give rise to future events. Natural natural probabilities. Socio-natural hazards
hazard events can be characterised by their magnitude or intensity, speed can be reduced and avoided through wise
of onset, duration and areas of extent. For example, earthquakes have management of land and environmental
short durations and usually affect a relatively small region, whereas, resources.
droughts are slow to develop and often affect larger regions. In some
cases, one hazard may be triggered by another hazard, such as the flood 2.4.3 Technological hazards
caused by a hurricane or the tsunami that is created by an earthquake. A hazard originating from technological or
industrial conditions, including scientific
i. Hydro-meteorological hazards: accidents, dangerous procedures, infrastructure
failures or specific human activities that may
Hydro-meteorological hazards cause loss of life, injury, illness or other health
include tropical cyclones (also impacts, property damage, loss of livelihoods
known as typhoons and and services, social and economic disruption, or
hurricanes), thunderstorms, environmental damage. Examples of
hailstorms, tornados, technological hazards include industrial
blizzards, avalanches, floods including pollution, nuclear radiation, toxic waste, dam
flash floods, heat waves and cold spells. failure, transport accident, factory explosion and
Hydro-meteorological conditions can also chemical spill. Technological
be contributing factor in other hazards hazards may also arise directly as a
such as landslides, wild fires, locust plagues, result of the impacts of
epidemics, dispersal of toxic substances
and volcanic eruption. a natural hazard.
2.4.4 Biological hazard

ii. Geological hazards:
Process or phenomenon of organic origin
Geological process or which is conveyed by biological vectors,
phenomenon that may including exposure to pathogenic micro-
cause loss of life, injury organisms, toxins and bioactive substances
or other health impacts, that may cause loss of life, injury, illness or
property damage, loss other health impacts, property damage, loss
of livelihoods and services, social and of livelihoods and services, social and
economic disruption, or environmental economic disruption, or environmental
damage, such as, earthquake, volcanic damage. Examples of biological hazards include
eruption, land movement, rock fall, glacial outbreaks of epidemic disease, plant or animal
surge, etc. contagion, insect plagues and infestations.
2.4.2 Socio-natural hazards

The phenomenon of increased occurrence of certain geo-physical and
hydro-meteorological hazardous events, such as landslides, floods, land
subsidence and drought that arise from the interaction of natural
hazards with over exploited or degraded land and environmental
resources. This term is used to describe the circumstances
where human activity is
increasing the occurrence of
certain hazards beyond their
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2.5 Vulnerability 2.5.3 Attitudinal vulnerability

People who have low confidence in their ability to
The characteristics and circumstances of affect change or who have “lost heart” and feel
defeated by events they cannot control are harder
a community, system or asset that make it
susceptible to the damaging effects of a hazard. hit by disasters than those who have a sense of their
ability to bring the change they desire. Thus, the
Vulnerability is a set of prevailing or consequential third area of vulnerability is the attitudinal and
conditions, which adversely affect people’s ability to prevent, motivational aspect.
mitigate, prepare for and respond to hazardous events.
These long-term factors affect a household’s or community’s 2.6 Capacity
ability to absorb losses after disaster and to recover from the
damage. Vulnerabilities precede disasters, contribute to their The combination of all the strengths,
severity, impede disaster response and may continue to exist attributes and resources available within a
long after a disaster has struck. These long-term factors community, society or organisation that
affect a household’s or community’s ability to absorb losses can be used to achieve agreed goals.
after disaster and to recover from the damage.
Capacities are the assets, resources and skills
Anderson and Woodrow (1990) categorised vulnerabilities available within a community, society or
into three areas: organisation that can be used to reduce the risks
or effects of a disaster. Capacity may include
physical, institutional, social or economic means
2.5.1 Physical and material vulnerability For example,
as well as skilled personnel or collective attributes
poor people who have few physical and material resources
such as leadership and management. Capacities
usually suffer more from disasters than rich people. People
enable households and communities to cope
who are poor often live on marginal lands, they don’t have
with, withstand, prepare for, prevent, mitigate, or
any savings or insurance and they are in poor health. These
quickly recover from a disaster.
factors make them more vulnerable to disasters which means
that they have harder time surviving and recovering from a
People’s capacity can also be classified in the same
calamity than people who are better off economically.
categories as was done with vulnerabilities in the
previous section. People whose houses or crops
2.5.2 Social vulnerability
have been destroyed by an earthquake or flood can
People who have been marginalised in social, economic or
recover things from their homes and from their
political terms are vulnerable to suffer more from disasters
farms that can be recycled. Sometimes they have
whereas groups, which are well organised and have higher
food in storage or crops that can be recovered from
commitment towards their members, suffer comparatively
the fields. Some family members have skills which
less during disasters. Weakness in social and organisational
areas may also cause disasters. For example, deep divisions enable them to find employment if they migrate,
can lead to conflict and war. Conflict over resources due to either temporarily or permanently.
poverty can also lead to violence. A second area of
vulnerability then is the social and organisational aspect of a In most disasters, people suffer greatest losses in
community. the physical and material realm. However, even
when everything physical is destroyed, people still
have their skills and knowledge, they have family
and community organisation, they have leaders
and systems for making decisions, they have
tribal loyalties or religious affiliations and they
have capacities in the social and organisational
realm. These are important capacities and form
the basis for development just as much as the
physical resources that people have.

102
equipment, crops, livestock, etc.) are described as

2.7 Disaster risk
“elements at risk”. In many cases, the natural
The potential disaster losses, in lives, health status, livelihoods,
environment is also an element at risk.
assets and services, which could occur to a particular community or
a society over some specified future time period. The definition of 2.9 Disaster risk assessment
disaster risk reflects the concept of disasters as the outcome of
continuously present conditions of risk. Disaster risk comprises A methodology to determine the nature and
different types of potential losses which are often difficult to extent of risk by analysing potential hazards
quantify. Nevertheless, with knowledge of the prevailing hazards and and evaluating existing conditions of
the patterns of population and socioeconomic development, disaster vulnerability that together could potentially
risks can be assessed and mapped, in broad terms at least. harm exposed people, property, services,
livelihoods and the environment on which they
depend. Risk assessments (and associated risk
Disaster risk is the chance of likelihood of suffering harm and loss as mapping) include, a review of the technical
a result of a hazardous event. It closely depends upon the exposure of characteristics of hazards (location, intensity,
something to a hazard. This can be expressed as: frequency and probability), the analysis of
Risk = Chance (C) x Loss (L)
exposure and vulnerability (physical, social,
health, economic and environmental
The output of risk analysis is usually an estimation of the risk dimensions) and the evaluation of the
scenarios. effectiveness of prevailing and alternative
coping capacities in respect to likely risk
2.8 Elements at risk scenarios. This series of activities is sometimes
known as a risk analysis process.
Disaster risk assessment is a participatory

process of application of tools and
methodologies to assess the hazards,
vulnerabilities and capacities of a community.
Through hazard assessment, the likelihood of
the occurrence, the severity and the duration of
various hazards are determined. The assessment
takes into account physical, geographical,
economic, social and political factors that make
some people vulnerable to the dangers of a given
hazard. In the capacity assessment, the
community’s resources and coping strategies are
A societal element is said to be ‘at risk’ when it is exposed to hazards and
identified. The result of the disaster risk
is likely to be adversely affected by the impact of those hazards when they
assessment is a ranking of the disaster risks of
occur. People (their lives and health), households and community
the community as basis of planning for risk
structures, facilities and services (houses, access roads, bridges, schools,
reduction.
hospitals, etc.), livelihood and economic activities (jobs,

103
2.10 Disaster risk reduction and disaster adopted in 2005, under which the expected
risk management outcome is:
Disaster risk reduction is the concept and practice of “The substantial reduction of disaster
reducing disaster risks through systematic efforts to losses, in lives and the social, economic
analyse and manage the causal factors of disasters and environmental assets of
through reduced exposure to hazards, lessened communities and countries”.
vulnerability of people and property, wise management of
land and the environment and improved preparedness for The systematic process of using administrative
adverse events. directives, organisations and operational skills
and capacities to implement strategies, policies
A comprehensive approach to reduce disaster risks is set out in and improved coping capacities to lessen the
the United Nations endorsed Hyogo Framework for Action, adverse impacts of hazards and the possibility
of disaster.
Risk identification and assessment Recovery

• Rehabilitation
• Hazard analysis and monitoring
• Vulnerability analysis • Reconstruction
• Determination of risk • Rescue services
DISASTER RISK MANAGEMENT EVENT
Prevention and mitigation Preparedness

• Land use planning • Early warning
• Land management • Evacuation
• Non-structural measures • Emergency planning
What is disaster management?

PR E PA
Preparedness - activities prior to a disaster. N RED
Examples: Preparedness plans, emergency exercises, T
O
I
A N
disaster preparedness trainings and warning systems. I IG
T
E
S
S
Response - activities during a disaster. M
Examples: Public warning systems, emergency

operations, search and rescue.
DISASTER
Recovery - activities following a disaster.
Y
Examples: Temporary housing, claims processing and R
E
grants, long-term medical care and counselling. V
O
C E
R
E
R S
P
Mitigation - activities that reduce the effects of disasters. Examples: S

N
O
Building codes and zoning, vulnerability analysis and public education. E
Source: Information and Communication Technology in Disaster Risk Management - presentation

prepared by Manager Disaster Information Systems, UNDP Programme, Ministry of Home Affairs,
Government of India, 2005
104
2.13 Disaster risk reduction plan
A document prepared by an authority, sector,

2.11 Risk management
organisation or enterprise that sets out goals
The systematic approach and practice of managing and specific objectives for reducing disaster
uncertainty to minimise potential harm and loss. risks together with related actions to
accomplish these objectives.
Risk management comprises risk assessment and analysis, and the
implementation of strategies and specific actions to control, reduce
and transfer risks. It is widely practiced by organisations to minimise 2.14 Disaster management
risk in investment decisions and to address operational risks such as Disaster management is a collective term
those of business disruption, production failure, environmental encompassing all aspects of planning for and
damage, social impacts and damage from fire and natural hazards. responding to disasters, including both pre and
Risk management is a core issue for sectors such as water supply, post disaster activities. It refers to the
energy and agriculture, where production is directly affected by management of both the risks and the
extremes of weather and climate. consequences of disasters.
2.12 Risk transfer

The process of formally or informally shifting the financial consequences
of particular risks from one party to another, whereby, a household,
community, enterprise or state authority will obtain resources from the
other party, after a disaster occurs, in exchange for ongoing or
compensatory social or financial benefits provided to the other party.
Insurance is a well-known form of risk transfer, where coverage of a risk
is obtained from an insurer in exchange for ongoing premiums paid to the
insurer.
Risk transfer can occur informally within family and community networks
where there are reciprocal expectations of mutual aid by means of gifts or
credits. Risk transfer can occur formally where governments, insurers, Disaster management comprises of a broad
multilateral banks and other large risk-bearing entities establish range of activities designed to:
mechanisms to help cope with losses in major events. Such mechanisms ¾ Prevent the loss of lives
include insurance and re-insurance contracts, catastrophe bonds,
¾ Minimise human suffering
contingent credit facilities and reserve funds, where the costs are covered
by premiums, investor contributions, interest rates and past savings, ¾ Inform the public and authorities of risk
respectively.
¾ Minimise property damage and economic
loss
¾ Speed up the recovery process

105
2.15 Emergency management 2.18 Disaster preparedness

The organisation and management of resources and
responsibilities for addressing all aspects of emergencies, in The knowledge and capacities developed by
particular preparedness, response and initial recovery steps. governments, professional response and
recovery organisations, communities and
2.16 Early warning systems (EWS) individuals to effectively anticipate, respond
There is no such a thing as a ‘sudden crisis’, but only a lack to, and recover from, the impacts of likely,
of information or analysis. EWS is the set of capacities imminent or current hazard events or
needed to generate and disseminate timely and meaningful conditions.
warning information to enable individuals, communities and
organisations threatened by a hazard to prepare and to act Disaster preparedness covers activities to
appropriately and in sufficient time to reduce the possibility enhance the ability to predict, respond to, and
of harm or loss. A single body should be designated with cope with the effect of a disaster. It includes
overall responsibility for the functioning of early warning. precautionary activities by households,
This unit should be accountable for failures at early warning. communities and organisations to react
appropriately during and following the event.
2.17 Mitigation
2.19 Prevention
The efforts for lessening or limitation of the Prevention includes measures taken to detect,
adverse impacts of hazards and related contain and forestall events or circumstances,
disasters in pre, during and post disaster which, if left unchecked, could result in a disaster.
scenarios. Prevention expresses the concept and intention to
completely avoid potential adverse impacts through
The adverse impacts of hazards often cannot be prevented action taken in advance. Examples include dams or
fully, but their scale or severity can be substantially lessened
by various strategies and actions. Mitigation measures Prevention is the outright avoidance of adverse
encompass engineering techniques and hazard resistant impacts of hazards and related disasters.
construction as well as improved environmental policies and
public awareness. It should be noted that in climate change
policy, “mitigation” is defined differently, being the term
used for the reduction of greenhouse gas emissions that are
the source of climate change.
embankments that eliminate flood risks, land-use

regulations that do not permit any settlement in
high risk zones and seismic engineering designs
that ensure the survival of a critical building in
any likely earthquake. Very often the complete
avoidance of losses is not possible, however, the
impact of the losses could be mitigated. Partly for
this reason, the terms prevention and mitigation
are sometimes used interchangeably in casual use.

106
a change in the average weather that a given region

2.20 Emergency response
experiences. Average weather includes temperature,
Emergency response covers measures required in search and wind pattern and precipitation. Today, the climate
rescue of survivors and in meeting basic survival needs for change is happening at a very fast speed. This is
shelter, water, food and health care.
enhancing the occurrence of extreme hazardous
events.
Aggregate of decisions and measures taken to (1) contain or mitigate
the effects of a disastrous event to prevent any further loss of life and 2.23 Environmental degradation
property, (2) restore order in its immediate aftermath, and (3) re-
establish normality through reconstruction and rehabilitation shortly The reduction of the capacity of the
thereafter. The first and immediate response is called emergency environment to meet social and
response. ecological objectives and needs.
2.21 Recovery
Degradation of the environment can alter the
Process of returning an organisation, society, or system to a frequency and intensity of natural hazards and
state of normality after the occurrence of a disastrous event. increase the vulnerability of communities. The
types of human induced degradation vary and
Recovery is the process to fully restore the community to pre disaster include land misuse, soil erosion and loss,
level of functioning or better than that. This refers to rehabilitation of desertification, wild fire, loss of biodiversity,
livelihoods, restoration of social and economic activities and deforestation, mangrove destruction, pollution
reconstruction of shelter and infrastructure. of natural resources, climate change, sea level
rise and ozone depletion.
2.22 Climate change
The Inter-governmental Panel on Climate Change (IPCC) defines climate 2.24 Sustainable development
change as, “a change in the state of the climate that can be identified (e.g.,
by using statistical tests) by changes in the mean and the variability of its Development that meets the needs of the
properties, and that persists for an extended period, typically decades or present without compromising the ability of
longer. Climate change may be due to natural internal processes or future generations to meet their own needs.
external forces, or to persistent anthropogenic changes in the
composition of the atmosphere or in land use”.
This definition coined by the 1987 Brundtland
The United Nations Framework Convention on Climate Change Commission is very succinct but it leaves many
(UNFCCC) defines climate change as “a change of climate which is questions unanswered, regarding the meaning of
the word development and the social, economic,
attributed directly or indirectly to human activity that alters the
and environmental processes involved. Disaster
composition of the global atmosphere and which is, in addition to natural
risk is associated with unsustainable elements of
climate variability, observed over comparable time periods”. Climate
development such as environmental degradation,
change is
while conversely disaster risk reduction can
contribute to the achievement of sustainable
development through reduced losses and improved
development practices.
2.25 Resilience
The ability of a system, community or society
exposed to hazards to resist, absorb,
accommodate to and recover from the effects of
a hazard in a timely and efficient manner,
through the preservation and

107
restoration of its essential basic structures and functions. prosperity and well-being. Furthermore, the
handbook outlines the sphere of influence that
Resilience means the ability to “resile from” or “spring back local governments can reach out to increase
from” a shock. The resilience of a community, with respect to awareness. The biggest challenge globally is to
potential hazard events, is determined by the degree to which scale up, and make real changes at local level
the community has the necessary resources and is capable of based on needs of the most vulnerable groups.
organising itself both prior to and during times of need. DRR is relevant for community development
issues of livelihood, water, sanitation and hygiene,
2.26 Land-use planning health, education and ecosystem protection.
The process undertaken by local government authorities to
identify, evaluate and decide on different options for the use 2.28 Local governance
of land, including consideration of long term economic, Local governance is governing at the local level
social and environmental objectives and the implications for viewed broadly to include not only the machinery
different communities and interest groups and the of government, but also the community at large
subsequent formulation and promulgation of plans that and its interaction with local authorities.
describe the permitted or acceptable uses.
Land-use planning is an important contributor to sustainable

development. It involves studies and mapping, analysis of
economic, environmental, and hazard data, formulation of
alternative land -use decisions and design of long-range plans
for different geographical and administrative scales. Land-use
planning can help to mitigate disasters and reduce risks by
discouraging settlements and construction of key installations in
hazard prone areas, including consideration of service routes for
transport, power, water, sewage and other critical facilities.
2.27 Local government authorities

The terms “local government” and “local authorities” have
been used interchangeably throughout this handbook. Local
governments are administrative offices of an area smaller
than a district. The term is used to contrast with offices at
nation-state level, which are referred to as the central
government, national government, or (where appropriate)
federal government. The handbook seeks to find ways to
determine the level of understanding of local government
officals with respect to disaster risk and its relation to
development,

108
CHAPTER 3 Disaster Risk Situation in Pakistan and KHYBER PAKHTUNKHW
Pakistan has been at risk to various types of natural disasters of plates. This vulnerability was proven on October
which cyclones, floods, landslides, earthquakes and drought are 8th 2005, when a major earthquake measuring
most common. The country is one of the most flood prone 7.6 on the Richter scale hit 9 Districts in Khyber
countries in South Asia. During its history, the floods of 1950, Pakhtunkha and Azad Jammu and Kashmir,
1992 and 1998 resulted in a large number of deaths and severe killing over 73000 people and damaging about
loss of property valued at an estimated $1.3 billion. Pakistan is 450000 houses. Pakistan is impacted by both
also located in a seismically active zone on account of its human induced and natural disasters. The types
proximity to the Indo-Australian and Eurasian of disasters that occurred from 1954 to 2004,
and the frequency of the occurrence of the most
common disasters are listed in Table 1.
Table 1. Hazards in Pakistan and frequency of most significant hazards (1954 to 2004)
Natural hazards Frequency % Human induced Frequency %

Avalanches - Epidemics 6
Cyclones (storms) 16 Industrial and transport accidents -
Droughts 4 Nuclear accidents -
Earthquakes 18 Radiological accidents -
Epidemics - Oil spills -
Floods 33 Urban and forest fires -
Glacial lake outbursts - Civil conflicts -
Landslides 10 -
Pest attacks 1 -
River erosion - -
Tsunami - -
Extreme temperature 12 -
Source: Disaster Risk Management, TWG Meeting, UN May 17, 2007
These estimates illustrate the severity of the problem posed glacial lake outbursts and river erosions threaten
by disasters. However, some experts believe that the true Pakistan. In addition, a variety of human
financial cost of disasters over the past 50 years comes close induced hazards also threaten the society,
to $50 billion. economy and environment in the country. They
include industrial, nuclear and transport
The October 2005 earthquake highlighted the risk exposure and accidents, oil spills, urban fires, civil conflicts,
vulnerability of Pakistan. The decision makers, politicians, sectarian violence and terrorism.
media, development workers, international donors and the
general populace became aware for the first time of the major During the last two decades, 2655 sectarian
catastrophic risks facing Pakistan. Pakistan’s exposure to natural violence incidents occurred, killing more than
hazards and disasters could be ranked between moderate to 4000 and injuring more than 8000 people. The
severe. A range of natural hazards including earthquakes, anticipated economic cost of terrorism is over
droughts, floods, landslides, avalanches, cyclones, tsunamis, $70 billion during the last two decades. The
country sustained over $7 billion worth of
economic losses in two earthquakes of 2005 and
2008. 80000 people, including 18000 school

109
CHAPTER 3 Disaster Risk Situation in Pakistan and KHYBER PAKHTUNKHWA
going children were killed in the two earthquakes. Benazir Bhutto’s

assassination costed over $1 billion, while 200 people were murdered.
Landslide cost of Attaabad was estimated at $5 billion and more than
25 people died. 2010 flood, the super flood in the history of Pakistan,
killed over 2000 people, affecting 84 districts out of 113 in Pakistan.
3.5 million people displaced as a result. Economic cost of the flood
was estimated to be over $4 billion. The priority hazards from the
perspective of disaster risk reduction in Pakistan include earthquakes,
droughts, floods and transport accidents that can cause widespread
damage when they occur. The following is an overview of the key
hazards that threaten Pakistan.
3.1 Earthquakes
The Indo-Australian plate upon which Pakistan, India and Nepal lie is
continuously moving northward, colliding with and sub ducting under
the Eurasian plate, thus forming the Himalayan Mountains and
triggering earthquakes in the process. The following areas are located
within high hazard and very high hazard risk areas: where a major plate boundary earthquake was
considered long overdue. Although, the earthquake
Suleiman, Hindu Kush and Karakuram mountain ranges in the Northern Areas resulted in widespread devastation, yet the
and District Chitral in Khyber Pakhtunkhwa. Muzaffarabad, Quetta, Chaman,
scientists believed that it may not have released
more than one tenth of the cumulative elastic
Sibi, Zhob, Khuzdar and Dalbandin.
energy that has developed since the previous great
earthquake in the region in 1555 or earlier. The
Makran coast including Gawadar and Pasni in Balochistan. The cities
seismologists are also concerned about the absence
of Islamabad, Karachi and Peshawar are located on the edges of the
of earthquakes in Baluchistan in the recent history,
high hazard areas.
which may mean the occurrence of major seismic
activities in future.
The areas comprising Pakistan have suffered five major earthquakes in
the 20th century including the great Quetta earthquake of 1935, the 1945 3.2 Droughts
earthquake off the coast of Makran, the 1976 earthquake in Northern The incidence of drought in Pakistan is becoming
Areas, the October 2005 Kashmir earthquake and Baluchistan earthquake increasingly common with substantial
in 2008. In between these major events, the Northern Areas and Kashmir consequences on food security, livestock
have experienced many small quakes with localised impact. production, environment and natural resources.
Low rainfall and extreme variations in temperature
The 7.6 Richter scale Kashmir earthquake of October 2005 occurred characterise the climate in Pakistan. About 60
in a region percent of the total land

110
area in country is classified as arid, which receives less than Most of the flooding occurs in late summer during
200 mm annual rainfall. The main arid rangelands include the monsoon season but flooding also happens as
Cholistan, Dera Ghazi Khan, Dera Ismail Khan, Kohistan, the result of glacial lakes breaking caused by high
Tharparkar and Western Baluchistan. The average annual summer temperatures. In 2007, monsoon rain
precipitation in Baluchistan and Sindh provinces is about induced flooding, damaged the rice crop in Sindh
160 mm as compared with 400 mm in Punjab province and and Baluchistan provinces, and reduced production
about 630 mm in Khyber Pakhtunkhwa province. Within by as much as 200 thousand tons, which equals
Baluchistan, the average precipitation varies from less than approximately 3.5 percent of the crop. Since rice is
50 mm in the Southwest to about 400 mm in the Northeast. a high value crop, the loss will have a significant
impact on the farm value added in the agriculture
In general, per capita water availability is declining in Pakistan sector and will lead to a reduction in export
over time due to the combined impact of rising population, earnings.
falling water flows and erosion in the storage capacity. The
country’s per capita water availability of 1136.5 cubic meters is
only marginally above the threshold level of water scarcity i.e.
1000 cubic meters. Experts predict that with prevailing
consumption rates and a population growth of 10 million
people per year, one out of three people in Pakistan will face
critical shortage of water, “threatening their very survival”. The
Government has started National Water Resources
Development Programme (NWRDP) 2000 to 2025. The
NWRDP has formulated a strategy for water resources
development and identified possible sites for dam construction
with a total storage capacity of 35.66 MAF.
3.3 Floods
Pakistan is one of the most flood prone countries in South Asia. 3.4 Landslides
River related floods are the most severe in Punjab and Sindh The regions of Kashmir, Gilgit Baltistan and parts
provinces, while, hill torrents that are common in hilly terrain of the Khyber Pakhtunkhwa province are
tend to affect Khyber Pakhtunkhwa, Baluchistan and Gilgit vulnerable to landslide hazard. Aside from the
Baltistan. There has been a number of floods in Pakistan that young geology and the fragile soil type of the
caused a significant amount of damage, particularly during 1950, mountain ranges, accelerated deforestation is a
1992 and 1998 resulting in a large number of deaths and a major cause behind increased incidences of the
severe loss of property. The super flood of 2010 resulted in landslides in the region. In the aftermath of the
displacement of over 20 million people, loss of 2000 human 2005 earthquake, the steep mountains in Kashmir
lives and a financial implication worth US$ 10 billion. Pakistan and Khyber Pakhtunkhwa came down tumbling.
sufferd a cumulative financial loss of US$ 30 billion during the The landslides isolated villages and cities. In some
past 60 years. cases, wide sections of the mountain, more than a
kilometer in width, slid into the valleys below.
Small scale isolated landslide hazards happen
frequently in the above regions, which cause
significant damages and losses at the local level.
Building resilience by learning Recent land sliding activity in Attaabad (4th
January 2010) caused heavy damages to lives and
properties. Due to this geological movement, the
financial loss which the country sustained stood
US$ 5 billion. As a result of the landslide
movement, the Hunza river flow was blocked,
causing serious threat to the population along the
river. The following districts are vulnerable
18
111
property. The study has also indicated that

global warming can increase the potential of
GLOF in future. Although the history of GLOF
is not documented in Pakistan, records indicate
that GLOF occurred in Ghizer Valley in the
Ishkoman region in 1960 and in the Hunza
region in 1992-1993. Karakoram range generally
has higher elevation and is considered as out of
the impact of climate change, yet it is alarming
that five GLOF events occurred in less than one
year (2007-2008) in parts of Gojal Tehsil in
Hunza River Basin which posed a great risk to
the downstream communities. Similarly, the
to landslides: Bagh, Bhimber, Neelum and Muzaffarabad in Azad Shingo Basin, Astor areas south of Gilgit, and
Jammu and Kashmir. Astore, Diamer, Gilgit and Ghanche in Gilgit the Jhelum valley are also vulnerable to the
Baltistan Province. Kaghan, Naran and Chitral in Khyber GLOF disaster.
Pakhtunkhwa province.
3.6 Avalanches and glacier surge
Experts say that the incidents of landslides can increase in future,
since the forestation cover is shrinking by 3.1% and woody biomass
by 5% annually (7000 to 9000 ha taken away annually).
3.5 Glacial lake outbursts floods

Another likely scenario that can come into play is the outburst of glacial
lakes in the upstream of Indus basin due to heat waves, global warming
and climate change, a phenomenon termed as glacial lake outburst flood
(GLOF).
A recent study found that, of the 2420 glacial lakes in the Indus basin,
52 lakes are potentially dangerous and could result in GLOF with
serious damages to life and
The Kashmir region and Northern Areas in

Pakistan experience avalanches on a regular
seasonal basis. Local people in the hazardous
region and the tourists are vulnerable to this
hazard. A study conducted by WAPDA in 1985-
1989 under the Snow and Ice Hydrology Project,
identified the potential avalanche paths. The
Siachen-Kariyan avalanche is normally called
glacier surge, a new phenomena caused either by
rise in temperature or some tectonic movement,
where glacier advances move at velocities up to 100
time faster than normal avalanche. “Indian Army is
playing pivotal role in global warming, causing the
fast melting of Siachen Glacier” (Voodoo Science
Practitioners). The Glacier surge buried over 150
soldiers and civilians stationed at Siachen

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this year. Every year, avalanches in mountain region trigger and areas are at risk from marine accidents. In
kill many people, damaging million of losses to properties and Karachi, in August 2003, the wreckage of
livelihoods. Tasman Spirit, a Greek ship, caused colossal
environmental losses and health hazards for the
3.7 Industrial, nuclear and transport accidents businesses, port workers and adjacent
Transport accidents are a common phenomenon in Pakistan, communities. About 28000 tonnes of oil spilled
particularly the railway system in the country is notorious for around the harbor area, which affected marine
frequent collisions. During the last two years, two air plane life in a major way. The residents reported
crashes killed over 200 people and socioeconomic cost in headaches, nausea and respiratory problems in
billions. Road accidents are common phenomenon and every the weeks following the accident. It took months
day 20 to 30 people die due to road accidents. There is no for the authorities to clear the oil affected areas.
standardised system in place for operation of public transport,
resultantly, non-road worthy vehicles continue to run on roads 3.8 Urban fires
for public transportation. All the major cities of Pakistan are experiencing
everyday fire. During the current year, two major
The growing industrialisation particularly within urban fire incidents in Garment factories each in Karachi
and Lahore perished over 600 people and caused
settlements in cities like Gujranwala, Faisalabad, Karachi,
million dollars worth of economic loss. Two oil
Lahore, Sialkot and elsewhere can be a source of major
tankers exploded as they were exiting an oil depot
industrial disasters. In the recent past, over 600 people died due
near the Benazir International Airport in
to two fire incidents in factories of Karachi and Lahore. The
Rawalpindi. Considering the pace of urbanisation,
neighboring India suffered from Bhopal Gas leakage in 1985, in
coupled with industrialisation, the chances of urban
which 5000 people were killed and enormous health hazards
fires cannot be ignored. The CNG gas stations are
were experienced by citizens of Bhopal. Having installed various
installed in all urban areas, whereas, LPG is being
nuclear facilities and nuclear power stations, Pakistan is also
sold in small shops and stores for household use.
exposed to high risks of nuclear accidents. The Chernobyl
In small cities and towns, the sale of petroleum
disaster in Russia and radiation disaster in Japan serve as
products, at small shops located within residential
reminders in this regard.
areas, is also common. These practices combined
with mass culture of smoking cigarettes could pose
Pakistan now has two ports in Karachi and Gawadar along a major fire risk. The fire services in urban centers,
the coast of Makran. These except Karachi, are not equipped properly.
3.9 Civil conflicts

Pakistan is a diverse society, ethnically,
linguistically, religiously and culturally. This
diversity has sometimes led to civil conflicts
amongst various social groups. For example,
Pakistan has suffered sectarian conflicts during
the 1980s and 1990s. These conflicts caused loss
of life and damage to property, while creating
insecurity for various social groups in the
affected areas. Pakistan has also borne the brunt
of Afghan war in the form of hosting about 6
million refugees for more than two decades.
About 2 million Afghan refugees still live in
various parts of Pakistan. This mass scale
refugee invasion has damaged the social fabric of
Pakistan.

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3.10 Climate change and variability for the last 30 years. Experts believe that
As per observations of WWF Pakistan, global warming is causing the flow of water in rivers increased during
damage to Pakistan’s environment. Among the impacts felt and seen the decade of 1990-2000 in comparison to
are biodiversity loss, shifts in weather patterns and changes in fresh 1975-1990, which means melting of more
water supply. A study carried out by GIZ (former GTZ) for WAPDA ice upstream.
to analyse trends in temperature and precipitation in the Northern Researches also indicate that some of the
Areas for the last century (Archer, 2001) found that seasonal and glaciers in Pakistan have retreated significantly
annual temperatures have raised than the last century at Skardu. in the recent past. Scientists believe this to be
Mean annual temperature has increased by 1.4° C with the mean annual an indicator of climate change, resulting in
daily maximum rising more than 2.35° C. Temperature increase might more snow melt. Changes in the climate
cause an upward shift of almost 400 meters in the frost line. It might denote that the incidence of flash flooding
impact upon the snow and rain patterns and the availability of snow for and extreme flooding can increase during the
melting during summer, which is a major source of water in many rivers. next few decades. Studies conducted by SDPI
Observations of the World Glacier Monitoring Service based in also indicate that with a doubling of CO2,
Switzerland indicate that mountain glaciers in the Karakorum have been average rainfall in South Asia would increase
diminishing between 17-59 per cent. This will be
associated with a doubling in the frequency of
high rainfall events. Variable monsoons, also
anticipated, could mean more droughts.
Experts also believe that further desiccation
of arid areas due to warming would endanger
food production in the plains unless a lot of
trees are planted there.
(Source: National Disaster Management
Risk Framework Pakistan)

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System in Pakistan
116
CHAPTER 4 Disaster Risk Management System in Pakistan
In the backdrop of October 2005 earthquake, the Government and Hyogo Framework for Action 2005-2015,
of Pakistan realising the nature of close linkages between National Disaster Risk Management Framework
disasters and development efforts promulgated the National was developed. On the lapse of 2006 Ordinance,
Disaster Risk Management Ordinance 2006. Legal and the Parliament enacted National Disaster
institutional arrangements were made for comprehensive Management Act in 2010. Comprehensive legal
disaster risk reduction and management. In order to address the and institutional arrangements were made to deal
shortcomings and to be compliant with the International with the compelling disasters in the country.
Strategy for Disaster Risk Reduction (ISDR) 1999 National Disaster Management Authority
(NDMA) was established as a national entity
with provincial and district structures.
Institutional and legal arrangement for National Disaster Management
Donors, UN, National Disaster Management Provincial and Regional Disaster

NGOs, Media Authority Management Commissions
Federal Ministries, Departments, Provincial Disaster Management

Technical Agencies Authorities
Media, Banks, Insurance

Companies, Private Sector
Technical and research institutions District Disaster Management

of the Federal Government Units
Tehsil Structures
Community Based Organisations

Union Coucil
Citizen Community Boards
Source: National Disaster Risk Management Framework Pakistan

117
118
Other agencies responsible for disaster risk reduction and management at national level are:
Disaster management organisations at national level
Pakistan Meteorological Pakistan Engineering Council Pakistan Council of Research in

Department Water Resources
Federal Flood National Space and Upper Atmosphere Global Change Impact Study
Commission / Flood Forecasting Research Commission Centre
Division
Water and Power Development Earthquake Reconstruction and Indus River System Authority
Authority / Dams Safety Council Rehabilitation Authority
Pakistan Armed Forces Airlines / Transport and Maritime Security Agency
Communication Agencies
Director General Civil Defense Pakistan Commissioner for National Centre for Drought
Indus Waters Enviroment / Monitoring and
Early Warming System
Emergency Relief Cell Pakistan Railways National Engineering Services of
Pakistan
National Crisis Management Cell Geological Survey of Pakistan National Institute of
Oceanography
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Disaster management at different tiers of government
NDMA
Federal Ministries
• Communications • Industry and • Ports and
• Defense Production Shipping
• Education • Information and • Railways
International • Environment Broadcasting • Science and Federal Public
Supporting
• Finance and • Interior Technology Companies and
Organisations Stakeholders
Revenue • Law, Justice and • Social Welfare
¾ UN Agencies
• Food and Human Rights and Special ¾ Airline Companies
¾IFRC Agriculture • Local Government Edcuation ¾ Banks
¾ International
• Foreign Affairs and Rural • Tourism
NGOs Development ¾ Edhi Foundation
• Health • Water and Power
• Petroleum and • Women ¾ Hospitals
• Housing and Natural Resources Development ¾ Insurance Sector
Works
• Planning and • Youth Affairs
¾ Landline
Development Telecommunications
• Population Welfare Companies
¾ Media
Federal Departments and Authorities
¾ Mobile
• Capital • National Emergency • Pakistan Telecommunications
Development Operation Cell Public Works Comapnies
Authority • National Emergency Department ¾ Pakistan
• Civil Aviation Relief Cell • Pakistan Humanitarian Forum
Authority • National Highways Railways ¾ Pakistan Red
• Civil Defense Authority • Police Crescent Society
• Coastal Guards• National Housing (Other Law ¾ Sui Northern Gas
Authority Enforcement
• Federal Food Agencies)
Pipelines Limited
Commission • National Logistics ¾ Sui Southern Gas
Cell • Space and Upper
• Fire Fighting Atmosphere
Pipelines Limited
Services • Pakistan Armed
Research
Forces
• Geological Commission
Survey of • Pakistan Housing
• Survey of
Pakistan Authority Pakistan
• National Crisis • Pakistan
• Traffic Police
Management Meteorological
Cell Department • Water and Power
Development
Authority
Local Governments
Other Stakeholders
• Province (PDMA)
• Research Instittues
• District (DDMU)
• Companies
• Communities
• Domestic NGOs
• Residents
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The National Disaster Management Authority (NDMA) at the federal district level in view of specific requirements of
level is facilitating Provincial Disaster Management Authorities (PDMAs) the local area
and the District Disaster Management Units (DDMUs). The relatively
new system (in case of Khyber Pakhtunkhwa and DDMAs in rest of 4.1 Priority areas
Pakistan) envisages achieving sustainable social, economic and
The DRM system revolves around the following
environmental development through reducing risks and vulnerabilities. Its 9 priority areas, which are being implemented at
mission is to enhance institutional capacities for disaster preparedness, the national, provincial, district and community
response and recovery with a risk reduction perspective in the levels:
development planning process at all levels. In line with the vision, the ¾ Institutional and legal arrangements
National Disaster Risk Management Framework (NDRMF) has identified
the following guiding principles: ¾ National hazard and vulnerability
assessment
¾ Focus upon most vulnerable social groups,
for example, children, women, elderly, ¾ Training, education and awareness
minorities ¾ Promoting disaster risk management
¾ Promote community and local level planning
preparedness culture ¾ Community and local level risk reduction
¾ Follow multidisciplinary and multisectoral programming
approaches ¾ Multi-hazard early warning system
¾ Combine scientific knowledge with social
¾ Mainstreaming disaster risk reduction into
knowledge
development
¾ Make development policy, planning and
¾ Emergency response system
implementation risk-sensitive
¾ Capacity development for post disaster
¾ Develop culturally, economically and
recovery
environmentally relevant technologies for
safer construction in different parts of the
4.2 Legal and institutional arrangements for DRM
country
In line with the provisions of NDM Act 2010, the
¾ Promote sustainable livelihood practices in Government of Pakistan has approved and notified
areas at high risk from multiple hazards the following DRM structure at the national,
provincial and district levels:
¾ Establish and strengthen partnerships
amongst multiple sectors, for example,
government, private sector, media, 4.2.1 National level
insurance, NGOs, civil society 4.2.1.1 National Disaster Management
organisations, UN and donors Commission (NDMC):
¾ Work with other countries and Headed by the Prime Minister as its
international community to promote Chairperson, the NDMC is the highest
disaster risk reduction policy and decision making body
for disaster risk management. Other
¾ Acquire specific capacities and capabilities, members include, opposition leaders
keeping in view hazard risk profile of the of both the houses, Chief Ministers
country of four provinces, Governor Khyber
Pakhtunkhwa, Prime Minister Azad
¾ Develop disaster risk management plans at
Jammu and Kashmir, Chief Minister of
Gilgit Baltistan, Chairman Joint Chiefs
of Staff Committee or his nominee,
Federal Ministers for Communications,
Defense, Finance, Foreign Affairs,
Health, Interior, Social Welfare and

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Special Education, Chairman NDMA, representative of civil ¾ Lay down guidelines for or give
society and any other person appointed or co-opted by the directions to concerned Federal
Chairperson. NDMC is mandated to formulate polices and Ministries or Provincial
develop guidelines on DRM, approve DRM plans prepared Governments and Provincial
by Ministries or Divisions of the Federal Government, Authorities regarding measures to
arrange and oversee funds as well as provide support to be taken by them in response to any
other countries affected by major disasters. threatening disaster situation or
disaster
4.2..1.2 National Disaster Management Authority
(NDMA): 4.2.2 Provincial level
Under sub-section (1) of section (3) of National Disaster
Management 4.2.2.1 Provincial Disaster Management
Act 2010, NDMA has been established to serve as the focal Commission (PDMC):
point and coordinating body to facilitate implementation of The PDMC is chaired by the Chief Minister
disaster risk management strategies. Following are the along with other members including
powers and functions of NDMA: opposition leader and a member nominated
by him. The Chief Minister has the powers to
• Act as the implementing, nominate other members of PDMC.
coordinating and monitoring body for DRM Similarly, he may designate one of the
¾ Prepare the National DRM Plan to members to be the Vice Chairperson. The
be approved by the National powers and function of PDMC are as
following:
Commission
ii) Lay down the provincial and
¾ Lay down guidelines for preparing
DRM Plans by different Ministries regional DRM policy
or Departments and the Provincial iii) Lay down the Provincial
Authorities Plan in accordance with the
¾ Implement, coordinate and monitor guidelines laid down by the national
the implementation of the National commission
Policy iv) Approve the DRM Plan
¾ Provide necessary technical prepared by the departments of the
assistance to PDMAs for preparing Provincial Government
Provincial DRM Plans v) Review implementation of the Plan
¾ Coordinate response in the event of vi) Review the development
any threatening disaster situation or plans of provincial departments and
disaster ensure that risk reduction measures
¾ Promote general education and are integrated
awareness in relation to DRM vii) Oversee the provision of
¾ Perform such other functions as the funds for risk reduction and
National Commission may require it preparedness measures
to perform viii) Review measures being
taken for mitigation, capacity
building and preparedness by the
departments of the Provincial
Government and issue such
guidelines or directions as may be
necessary

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123
4.2.2.2 Provincial Disaster Management effectively

Authority (PDMA):
The PDMA is headed by a Director ¾ Advise the Provincial Government
General appointed by the Provincial regarding all financial matters in
Government. Following are the relation to disaster management
powers and functions of PDMA: ¾ Examine the construction in the
¾ Subject to the provisions of National area and if it is of the opinion that
Disaster Management Act 2010, a the standards laid down have not
Provincial Authority shall be
been followed, it may direct for
responsible for implementing policies
following the same to secure
compliance of such standards;
and making plans for disaster
management in the province ¾ Ensure that communication systems
¾ Formulate the Provincial DRM are in order and disaster management
policy and obtain approval of the drills are being carried out regularly
PDMC
4.2.3 District level
¾ Ensure implementation of DRM
policies and plans in the Province 4.2.3.1 District Disaster Management
Autority/Unit (DDMA/DDMU): The Disaster
¾ Coordinate and monitor the Management Act put ample emphasis on
implementation of the National establishing DDMUs, notified by Provincial
Policy, National Plan and Provincial Government in the Official Gazette. DDMUs
Plan are headed by the local council at the district
level (by whatever name called) who shall be
¾ Examine the vulnerability of
different parts of the Province Chairperson ex-officio, whereas DCOs/DCs,
to different disasters and specify District Police Officers (DPOs) ex-officio,
prevention or mitigation measures EDOs (Health) and such other district level
officers, to be appointed by the District
¾ Lay down guidelines to be followed Government are its members. Under section
by Provincial Departments and (20) of National Disaster Management Act
District Authorities for preparation 2010, District Disaster Management Unit will
of DRM plans exercise the following powers and functions:
¾ Evaluate preparedness and response
arrangements of public and private ¾ Prepare a disaster management plan
agencies at the provincial level including district response plan
¾ Coordinate response in an event of ¾ Coordinate and monitor the
disaster implementation of the National
Policy, Provincial Policy, National
¾ Give directions to any Provincial
Plan, Provincial Plan and District
Department or Authority regarding
Plan
actions to be taken in response to
disaster ¾ Ensure that the areas in the district,
vulnerable to disasters, are identified,
¾ Promote general education,
measures for the prevention of
awareness and community training disasters and mitigation of its effects
in this regard are undertaken by the departments of
¾ Provide necessary technical the Government at the district
assistance or give advice to District
Authorities and Local Authorities
for carrying out their functions

124
level as well as by the local authorities ensure that pre-disaster and post-
disaster management activities in the
¾ Ensure that the guidelines for
prevention, mitigation, preparedness district are being carried out promptly
and response measures, as laid down and effectively
by the National Authority and the • Review development plans
Provincial Authority, are followed by
prepared by the departments of the
all departments of the government at
the district level as well as by the local government at the district level,
authorities in the district statutory authorities or local authorities
with a review to make necessary
¾ Give directions to different
provision therein for prevention of
authorities at the district level and
disaster and mitigation
local authorities to take such other
measures for the prevention or • Identify buildings and places which
mitigation of disasters as may be could in the event of disaster
necessary situation be used as relief centers or
camps and to workout how
¾ Lay down guidelines for preparation
arrangements for water supply and
of disaster management plans by
sanitation in such buildings or
the departments of the government
places would be made
at the district level and local
authorities in the district • Establish stockpiles of relief and
rescue materials or ensure
• Monitor the implementation
preparedness to make such
of disaster management plans
materials available at a short notice
prepared by the departments of the
government at the district level • Provide information to the
Provincial Authority relating to the
¾ Lay down guidelines to be followed
different aspects of disaster
by the departments of the
management
government at the district level
• Encourage the involvement of non-
¾ Organise and co-ordinate
government organisations and
specialised training programmes for
volunteer social welfare institutions
different levels of officers,
working at the grassroot level in the
employees and voluntary rescue
district for disaster management
workers in the district
• Ensure communication to be in order
¾ Facilitate community training and
and disaster management drills are to
awareness programmes for
be carried out periodically
prevention of disaster or mitigation,
with the support of local authorities, • Perform such other functions as the
government and non-government Provincial Government or
organisations Provincial Authority may assign to
it or as it deems necessary for
¾ Set up, maintain, review and
disaster management in the district
upgrade the mechanism of early
warnings and dissemination of
proper information to public
¾ Prepare, review and update disaster
level response plans and guidelines
¾ Coordinate with and give guidelines
to local authorities in the district to
According to section 25 of National Disaster

Management Act 2010, local authorities are
responsible for implementation of DRM activities
at local level. Due importance has been discussed
in the act about the roles and responsibilities of
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local authorities in disaster risk management at local level.
Section (25) of NDM Act 2010 empowers

Local Authority to:
i. Ensure that its officers and employees are
v. The Local Authority may take such other
trained for disaster risk management
measures as may be necessary for disaster
ii. Ensure that resources relating to disaster management
management are so maintained as to be
readily available for use in an event of any An effective emergency response by the local
threatening disaster situation or disaster authorities can play an important role in saving
iii. Ensure that all construction projects, under
lives in the aftermath of a disaster. On the other
hand, lack of capacities at the local level for
it or within its jurisdiction, conform to the
disaster response contribute to huge loss of life
standards and specifications laid down for
and property.
prevention of disasters and mitigation by
the National Authority, Provincial
However, the Local Authorities alone may not
Authority and the District Authority
be able to achieve greater success in disaster
iv. Carry out relief, rehabilitation and reduction, preparedness and response without
reconstruction activities in the affected the active involvement and participation of the
area, in accordance with the Provincial vulnerable communities. Because effective
Plan and the District Plan disasters risk reduction requires action by all
vulnerable individuals, families, communities and
The key part of Disaster Risk Reduction shift is understanding organisations. The technical, human and
integrated systems and working with them across multiple scales. financial resources of the Local Authorities are
DRM efforts require taking systematic approach, thinking very limited, which may not be sufficient to
holistically about governance, livelihoods, hazards , stresses and implement disaster risk reduction activities
emerging threats, working from the local upwards to national, amongst all vulnerable communities. Therefore,
regional and international levels. It also requires different it is essential that the local authorities mobilise
timescales to be recognised, considering past activities (including support from various civil society institutions
traditional knowledge) and future projections for climate and and involve larger communities.
society. It requires thinking and working both vertically and
horizontally across socio-ecological perspective. The Local Authorities can play the role of a
facilitator, enabler and resource provider in order
At risk or vulnerable people need to understand, manage and to promote community level risk reduction and
monitor risk related to the security and wellbeing of their lives, preparedness. There are four key services that are
livelihoods and assets on daily basis. Therefore, it is important to required by the vulnerable communities for disaster
understand risk at the local level and put at risk or vulnerable preparedness. They include:
people and their perspectives as a central part of building
resilience.

126
CHAPTER 5 Significance of Local Governments in DRM
5.1 Community mobilising, organising and Local communities in Mansehra were empowered
capacity building through establishment of community based
Many vulnerable communities may not be
disaster riskmanagement committees, trained
organised and active in the area of disaster risk
and equipped with basic response kits. They were
reduction and preparedness. They may not
linked with DDMU and TMO concerned for early
also have the technical ability to undertake an
warning dissemination, evacuation and providing
organised action. Similarly, the communities
relief to affected people. Community volunteers
do not always adapt measures to mitigate
during floods effectively disseminated early
anticipating threats of multi-hazards and most
warnings andevacuated at risk communities,
of the time they pay no attention to the early
thereby, rescuing 18 people from flood, providing
warning disseminated to them for evacuation.
relief to affected people and evacuating over
Therefore, the Local Authorities can play
5000 tourists from landslide area.
an effective role in organising community
groups, mobilising the existing groups and in
building their capacities through trainings and
5.3 Incentives to families and community groups
study visits. and motivation for disaster risk reduction,
preparedness and response
Each slope needs to treat as per its suitability to In many cases, such as Mansehra, poor
live in harmony with nature’s law for it stability. people and families are hindered by the lack
of financial resources to undertake actions
on disaster risk reduction and preparedness.
5.2 Information on risks, vulnerabilities and Poor families are unable to access the existing
preparedness actions loan facilities offered by banks due to lack of
In many cases, it is the lack of information collateral. Therefore, they may not be able to
on hazards, related risks, vulnerabilities construct a disaster resistant house or find
and the preparedness actions by the local an alternative source of livelihood that is less
communities that serves as a hindrance in vulnerable to droughts or floods.
community action. This is particularly true in
the case of internally displaced communities A community group might not be able to
in urban centers and in post-conflict situations. construct a rainwater-harvesting pond due
An important need of such communities to lack of funds. Therefore, the provision
is to receive such information. The local of financial resources, in the form of
authorities should establish arrangements micro-credits and small grants, is essential
to inform the communities in relation to to enable families and community groups
hazards, vulnerabilities, risks, capacities and in implementing disaster risk reduction and
preparedness actions. preparedness activities. Keeping in view the
importance of provision of small grants
The local authorities can establish community and other funding facilities for disaster
and local level information centers to provide reduction, ERTs and CBOs in Mansehra get
such information. The existing cultural registered with Social Welfare Department
and social institutions can be used for this to enable them to get 25% share in the local
purpose. The local authorities must utilise development funding.
multiple communication systems, for example,
announcements through masjid, imam bargah, The ERTs and CBOs were able to get
church, police mobile, radio, television, public funding for local level micro-mitigation
address system, mobile phone, newspaper, projects. Arrangement with MCs should be in
volunteers network, exhibitions and rallies to progress to identify all hazard prone area and
ensure they reach the at-risk communities and no No-objection Certificate (NOC) should
groups. be grantedto the people for construction

127
of buildings unless approved. Incentives which are proposed • Conduct local and community level risk,
to be provided to people constructing their homes in safer vulnerability and capacity assessment
places, included exemption from local taxation and free
• Document local coping mechanisms and
insurance against disaster risk. Political authorities as well as
NGOs should discourage habitation in disaster prone areas. expertise using indigenous knowledge
• Develop local disaster preparedness and
5.4 Technical assistance contingency plans
This is another very important service that is essential for the
vulnerable communities. People living in areas like Mansehra • Facilitate and train community for disaster
lack technical expertise and capabilities to implement preparedness planning
activities on hazard mitigation, vulnerability reduction or • Design local and community level Early
even to conduct a risk assessment. For example, a Warning Mechanism (EWM) including
community may not have the trained masons who know dissemination system and training of
how to construct earthquake safe houses or they may not community on EWM
have the technical knowledge on earthquake hazard
assessment or on drought and flood resistant crops. The • Enhance capacity of community volunteers
community also lacks behind in skills and knowledge and groups, for example, training on search
required for emergency response. Lack of such technical and rescue, extrication of the trapped from
expertise may hinder the communities from undertaking buildings, first aid, fire fighting, swimming,
disaster risk reduction initiatives. These services are needed evacuation drills and risk assessment, etc.
from external sources e.g. NGOs, local governments, • Regularly updating disaster preparedness
universities or research centers.
and mitigation plans
• Provide resources to community volunteers
In Mansehra: and groups, for example, medicine kits,
The community members were provided with hands on skills of
rescue equipment, survival kits, warning
hazard, vulnerability, risk and capacity assessment tools in first
equipment, firefighting equipment,
aid, rescue, fire fighting, evacuation, planning, organisation
evacuation equipment (boats, transport), etc.
management and leadership training. They were also equipped with
basic emergency response kits and made to participate in drills and • Ensure safe storage of essential items near
simulation exercises. Professional search and rescue team hazard prone locations, for example, food,
consisting of 30 members was established, trained and equipped medicine, rescue equipment, earth moving
appropriately. machinery, etc.
• Setup temporary shelters at safe locations
Within the above broader framework, the Local Authorities to host affected people
can play a pivotal role in facilitating community action
• Formulate local level emergency response
through following interventions and initiatives:
teams comprising of community members
• Establish policies as per the local needs and and local officials
develop hazards profiling of the local area
• Line-up damage assessment and relief
• Identify and prioritise most vulnerable distribution teams
communities in their respective jurisdiction
• Coordinate networking among all
stakeholders
The Disaster Risk Management Handbook In recent years, local self governance and good
governance have emerged as key concepts to
form the basis of political system. Disaster risk
management is a necessary part of local and
community development. This is also
considered as a key strategy for
34
128
poverty alleviation. Disaster disrupts local infrastructures as well as local zoning, construction code and standards,
economy, however, disasters can actually become “vehicle for change” town planning, building regulation and safety
towards sustainable and participatory development. The role of Local standards, implementation and monitoring of
Authorities is most important in promoting a participatory disaster safety standards and regulation. MC is the
resilient development. They can do this by creating and enabling an focal institution at the core of community
environment that feeds on community action. interaction and no action will be sustainable
and workable without this community
ERTs in the form of CBOs were registered in Mansehra making them entitled centred institution.
for 25% local government development funding to be used for micro-level
common mitigation projects of DRR and similarly for social guarantee based Restoration of civic services, provision of
loans from banks on social collateral arrangements. Harvest loaning against safe location, water and sanitation services,
crops was also facilitated through Agriculture Development Bank. This relief camp management, safety of the
arrangement provided many people access to financial and credit facilities. properties and lives of the people lie with
MCs administration. In case of emergencies,
Under the legal and administrative arrangement, section (25) of the essential services and critical
National Disaster Management Act 2010 of Pakistan, it is the infrastructure are adversely affected. If the
responsibility of local authority to take all other measures (in addition MC has the essential information and profile
to sub section 1, a, b, c and d) as may be necessary for disaster of the community, it will be easier to plan
management. and deliver emergency services.
Section (20) of National Disaster Management Act 2010, empower Similarly, MCs have an important role in
district authority to take all necessary measures for disaster risk reduction organising emergency response, relief,
and management in the district with support of local government damage and loss assessment, recovery and
institutions. needs assessment. These Local Authorities
can lead the risk reduction and response
5.5 Roles and responsibilities of local authorities operations under the command of Chief
Institutions at this level are the frontline of disaster risk reduction and Municipal Officers in consultation with the
response. For many departments, this is the lowest level of administration DDMUs. Appropriate local structures need
where they interface directly with communities for all civic and to be established for risk reduction and
municipality services. MC is responsible for water and sanitation as well as preparedness. The prime responsibility for
sewerage services. MC also issues NOC to the community for handling disasters vests with the local
construction of houses and other structures in its jurisdiction. It is the government. Immediate response, normally
responsibility of MC to carry out hazard and vulnerability assessment in activated by the emergency service providers
collaboration with scientific institutions and the community to develop according to its contingency plan. If the local
land utilisation plan, design and develop building code, land government cannot cope with the situation
through its own resources, it must call upon
the province for assistance. At the local level,
municipalities should be responsible for the
implementation and maintenance of an all-
hazard and full-spectrum comprehensive
35 disaster management programme, ensuring:
• Prevention
• Mitigation
• Preparedness
• Response
• Rehabilitation and reconstruction
• Development

129
If a disaster occurs at the local level, the prime responsibility

Ms. Shabana, Sungi Development Foundation:
for handling the disaster is vested with the Local Authority.
“During the super flood in Mansehra, the way
Saving lives through search and rescue services, responding
early warning was disseminated and actions taken
to fire, preventing an escalation of the emergencies, relieving
by TMA Balakot for evacuation of community from
sufferings by fulfilling the basic needs, protecting property
the pre-identified flood prone areas, mobilisation
and facilitating subsequent recovery from the emergency.
of volunteers, NGOs and government agenices
were organised in such a way that I have never
It is thus the prime responsibility of the Local Authority to have
seen in my 20 years of professional life.
a contingency plan to deal with any incident such as an
Motivation, mobilisation and coordination among
emergency. As a matter of rule, disaster management should be
all the partners was commendable, which was
included in municipality’s integrated development plan. Local
essential to face disaster of such magnitude. I
disaster management should also be multidisciplinary,
worked day and night with volunteers and felt
transparent and inclusive, and it must aim at reducing
proud to evacuate hundreds of people to safer
vulnerability. While being inclusive, disaster management has to
places. The role played by local NGOs and the
be taken seriously by government departments and it is
coordination facilitated by DDMU during the 2010
important for each department involved in disaster management
to assume ownership of its delegated responsibilities. massive disaster is a practical form of DRM.
Legally and administratively, the role of Municipal

Administration has been defined and determined in National • Land use management planning and safe
Disaster Management Act, National Disaster Risk built environment
Management Framework and Khyber Pakhtunkhwa Local
• Land use zoning determining residential,
Government Act 2012.
commercial, educational, recreation and
conservation areas
The mandate of MC in context of disaster risk reduction,
disaster management planning, preparedness, mitigation, • Fire fighting and rescue services to affected
response and recovery is very crucial because it is the lowest communities
level of administration, where they interface directly with
communities for development and maintenance of civic • Issuing and dissemination of early warning
facilities and taking responsibility for the protection and safety to people in hazard zones
of the assets and lives of the people in the jurisdiction of MC. • Evacuation of and camp management to
The best implementation of DRM at local level is through MC affected communities
in context of following responsibilities:
• Provision of essential services including
drinking water, sanitation and waste
management in the camps
• Dewatering of stagnant flood water and
decomposing of dead bodies
• Enforcement of rules and regulations
relating to identification of risk zones with
respect to natural hazards
• Coordination with technical institutions for
Building resilience by learning developing and implementing building
codes
• Traffic control and management
• Enforcement of building codes, regulation
and bye-laws
• Issuance of habitation and infrastructure
36
130
development
In respect of the DRM Model, TMAs in District
• Road construction and maintenance Mansehra had played a vital role in developing and
implementing the model. Two officials from each
• Developing and maintenance of critical
TMAs of Mansehra were placed at the disposal of
infrastructure including water supply,
DDMU Mansehra (one each focal person and
sanitation and sewage maintenance,
rescuer). Extensive training in fire fighting, search
wastage management, hygiene and health
and rescue were imparted to them to bring their
management
capacity to the level of trainers, who further
• Development and maintenance of safety delivered training to their firemen in their
standards respective jurisdiction on firefighting, MFR, CSSR
and other rescue techniques. Through this
• Assurance of safe drinking water, hygienic
process, knowledge and skills were transferred to
food and nutrition to public other TMA staff. With the enhanced technical
capacity of firefighters in TMA Mansehra, two state-
With reference to the aforelisted roles and responsibilities, it is vital for of-the-art fire fighting vehicles were added to the
MC to be expert in disaster risk reduction and management. MC knows existing fire engines, scaling-up the capacity of
the community’s dynamics, perception of risks, socio-economic scenarios, firefighters. Uniforms and safety kits were also
cultural constraints as well as local hazards which may cause every day provided to the firefighters and resultantly TMA
disaster to the community. Understanding the local perception of Mansehra responded to many emergencies within
community in context of climate change is very important for sustainable 10-15 minutes. TMA developed building bye-laws,
development. It is vital to understand the impact of global warming and supported UNDP in earthquake vulnerability
the emerging threats of climate change on lives and livelihoods of the assessment of TMA Manserha and developed SoPs
community at local level. At the time of disaster, access to most affected
for emergency response with the support of Local
people is only possible through MC’s interventions. Disaster needs and
Government and Rural Development Department
damage assessment, identification of needy and distribution of relief can
Khyber Pakhtunkhwa.
be best done through this channel. Transparency, accountability,
efficiency and effectiveness of DRR could be best implemented through
MC’s institutional arrangement.
Recognising the critical role of MCs, it
Under the Khyber Pakhtunkhwa Local Government Act 2012, MCs is highly recommended to provide them with
are responsible for delivery of civic services as detailed hereunder to more avenues of capacity building of their
the community. With this mandate, MCs are primarily responsible for staff in planning, implementation and
assurance of safer built environment for inhabitation in their response sectors for effective and efficient
jurisdiction. It is again their responsibility that no construction service delivery to the communities.
(private or public) should be made in flood plain zone and land slide
risk areas. No habitation certificate will be issued for construction in Despite limited jurisdictions determined for
hazard prone areas identified holistically by scientific agencies. the MCs in the Khyber Pakhtunkhwa Local
Government Act 2012 being implemeted with
effect from 1st January 2013, half of the
population is living in the jurisdiction of these
municipalities.
37
Lesson learned:
Different erosion processes are dominant in
different zones of the watershed, so the
conservation measures required are also different.
Therefore, focus has to be on proper land use
practices in the upstream of watershed, stream
bank erosion control in the transportation zones
and sediment management in the plain.

131
Urban settlements are the lifelines of today’s society. They

serve as economic engines, centers of technological Article 140-A of the Constitution of the Islamic
innovation and function as living examples of our cultural Republic of Pakistan provides for establishment of
demographics. Unplanned activities within a Local Government System and to devolve
political, administrative and financial
responsibility and authority to the elected
representatives of the Local Governments.
government.” Advocates of the Amendment

remain hopeful that it will bring government
decision-making closer to citizens and
prompt local officials to be more responsive
to their needs. Every democratic setup has
three tiers of governance, central, provincial
(or states) and local (municipal) governments.
The third tier of governance (district,
municipal and union levels), is far more
important as it allows direct participation of
the cities also generate new risks, which need to be addressed general public. It is this administrative tier
by MCs. Particularly at risk is the increasing number of which is directly responsible for the upkeep
informal settlements without following any regulations and of the cities and towns.
safety measure. MCs are vital organs of campaign to engage
and convince local governments to be committed to a The modern day study of risk relates closely
checklist of minimum safety standards in provision of civic with:
services and work on them with local organisations, 1. Understanding, investigating and
grassroots networks, private sector and national authorities quantifying social and natural aspects of
for making the cities more resilient to disasters.
hazards and risks
2. Interconnection and correlation of

vulnerabilities and hazards as the result of
human interaction
3. Underlying factors that inevitably lead to
disasters
DRM in Pakistan is established as a public

sector function within each sphere of
governance. It goes beyond pure line function
responsibility. As a matter of fact, DRM as an
5.6 Role of local councils under Khyber Pakhtunkhwa activity of all spheres of government, relates to
Local Government Act 2012 an integrated, multi-sectoral and multi-
The 18th Constitutional Amendment requires that Pakistan’s disciplinary approach aimed at reducing the
four provinces “establish a local government system and risks associated with hazards and vulnerability.
devolve political, financial and administrative authority to the It, therefore, needs to become an integral part
elected representatives of the local of the development planning process in order
to be effective and responsive.
For this reason, DRM plans form an implicit

Building resilience by learning part of the integrated development of each
The Disaster Risk Management Handbook and every municipal committee and union
council. However, legislation placing it at the
38
132
forefront of the local government paradigm shift for a more proactive 2. On the occurrence of the fire within a
approach is required, which is presently based on reactive approach. Municipality any Magistrate, any official of
a fire brigade directing the operations, and
The newly introduced “Khyber Pakhtunkhwa Local Government Act any police officer not below the rank of
2012” does not explicitly addresses DRM in their function within the Sub-Inspector, may
administration of the local authority. However, it has been covered
a. Remove or order the removal of any
indirectly or sporadically as follows.
person who by his presence interferes
or impedes the operations for
Per-subsection (C) “I” & “II” of section 80 of the Local Government
extinguishing the fire or saving life and
Act 2012, this is the function of the Union Council to: property
• Provide relief measures in the event of any b. Close any street or passage in or near
fire, flood, hailstorm, earthquake or other
which any fire is burning
natural calamity and assisting relevant
authorities in relief activities c. For the purpose of extinguishing the
fire, break into or through, or pull
• Provide relief for the widows, orphans,
down, or cause to be broken into or
poor and persons in distress through, or pulled down, or use for the
passage of houses or other appliance
Similarly, per sections 99, 100 and 101 of the Local Government Act any premises
2012, following is the compulsory functions of the Municipal
Committee. d. Cause mains and pipes to be shut off
so as to give greater pressure of water
5.6.1 Fire Fighting in or near the place where the fire has
occurred
1. For the prevention and extinction of fire,
a Municipal Committee shall maintain a e. Call on the persons in-charge of any
fire brigade consisting of such staff and fire engine to render such assistance as
such number of fire stations and such may be possible
implements, machinery, equipment and f. Generally take such measures as may
means of communicating intelligence as appear necessary for the preservation
may be prescribed of life and property
3. No person shall be liable to pay damages in

respect of anything done or in good faith
intended to be made under this section.
4. A Municipal Committee shall prepare a
fire fighting plan and revise it at least once
a year
5.6.2 Civil Defense

A Municipal Committee shall be responsible
for the Civil Defense of the Municipality, and
it shall, in this behalf, perform such functions
as may be specified by the Government.
5.6.3 Floods
For the fighting of floods, rescuing of people
from the flood affected areas and affording
relief to flood stricken people, a Municipal
39 Committee shall provide such

133
boats, appliances and equipments as may be specified by the

Government.
Per section 135 of the Local Government Act 2012, this

would be the optional function of the Municipal Committee
that:
• In the event of a famine, a Municipal
Committee may, with the sanction of
Government, execute such famine works
and order such famine relief measures as
may be specified by the Government
Per subsection ‘J’ of section 81 of the Local Government

Act 2012, this would be the function of the District Council:
• To provide relief measures in the event of
any fire, flood, hailstorm, earthquake,
famine and other natural calamities
Local authorities must identify the challenges
Similarly section 79 (fourth schedule) of the Khyber faced and lessons learnt from past experiences
Pakhtunkhwa Local Government Act 2012, is regarding the of responding to disasters. Without application
model structure of the future local councils offices, which of disaster risk management measures at local
recommends that functions and responsibilities pertaining to level, the objectives of national and global risk
relief measures in the event of any fire, flood, hailstorm, reduction agenda could not be achieved.
earthquake, famine and other natural calamities would be
under the coordination office of the District Council. The most important organ of the
government for the effective implementation
The NDMA 2010, NDRM Framework Pakistan and HFA of disaster management is local government
Commitment 2005-2015 clearly emphasise on the importance of structure. Local government is where most of
disaster risk management at local level. A local area might be the operational activities relating to disaster
exposed to a number of disaster risks. It will be necessary to risk management will occur. The local sphere
understand the area specific social and natural phenomenon of of government must therefore ensure that
hazards and accelerating factors of vulnerabilities which lead to DRR should be integrated into the functional
disasters. A range of social groups may exist in a district, strategies, policies, programmes and projects
municipality or commune. The vulnerability of different groups find embodiment at community level. This is
may differ from each other. It is important for local authorities done through the development and
to understand the reasons for vulnerability of different groups. implementation of standing plans, local
The communities, local authorities and civil society groups may policies, procedures and rules.
have multiple resources and capacities to deal with disasters,
such as, indigenous knowledge, policies, disaster reduction The integrated development plan is the
programmes, technical equipment and social networks. functional plan in which municipalities need
to operationalise all services and public
goods. The integrated development plan
should serve as the operational plan for
development and disaster risk reduction and
management in any municipality or union
council. Each union council and municipal
committee has a different disaster risk profile
and therefore, faces a variety of threats of
different magnitude. Most of the municipal
committees and union councils are still
40
134
coordination and response to disasters.

Local level Disaster Risk Managmnet is a process in which local government Similarly, each union council may establish
institutions are actively engaged and work with “at risk” communities in the Union Council Disaster Management Unit
identification, analysis, treatment, monitoring, evaluation and planning of (UCDMU) supported by Union Council
disaster risks to reduce the vulnerabilities and enhance capacities of multi- Disaster Management Center (UCDMC) and
statekeholders for a collective disaster resiliency at all levels. The concept of Inter-Union Council Disaster Management
people centered disaster management approach is only implemented through Coordination Committee (ICDMCC) for
local government system with the active participation and involvement of the comprehensive and integrated disaster risk
the most vulnerable groups in decision and policy making. Unless the disaster reduction at all union council levels.
risk management efforts are sustainable at individual and community level, it
would be diffiicult to reduce the vulnerability and losses. It is, therefore, Another important area in local government
important to involve people in decision making on policies and strategies that system is the Local Area Development
should be followed for their development within the community. Authority (LADA). It is proposed to
integrate their role in disaster risk
management. LADAs could establish two
focussing on a reactive approach towards disaster and risk. This is due to units, Inter-Departmental Disaster
the lack of awareness, resources, political will and lack of institutional Management Committee (IDMC) and Local
arrangement. Local government is the sphere that bears the brunt of a Area Disaster Management Framework
disaster or impending disaster, besides the fact that it will also be the first (LADMF) to ensure that each sphere of local
to respond. It, therefore, goes without saying that the operationalisation government unit is adapting DRR in its area
of disaster risk management on a local government level is imperative for for integrated development planning.
successful disaster risk reduction and management.
Local councils should ensure disaster risk management structure of

the Municipal Corporation for the city of Peshawar, municipal
committee for each city or town, union council for each union and
district council for each district.
Each municipal committee must establish Municipal Committee Disaster

Management Center (MCDMC) within their own jurisdiction, supported
by the Municipal Disaster Management Framework (MDMF) or a
Municipal Disaster Management Advisory Forum (MDMAF). With two
support units, Inter-Municipal and Intra-Municipal Disaster Management
Committee and capacity building and volunteer management unit for
planning,
41

135
A proposed integrated disaster risk management structure for local government at different sphere is suggested
here below:
Local Councils and Disaster Management
District Disaster Management Unit (DDMU)

Headed by Chairman District Council
Local Area Development Authority Union Council Disaster Municipal Committee

Disaster Management Units Management Units Disaster Management Units
Inter-Departmental Local Area Development

Disaster Management Disaster Management
Committee Framework Municipal Committee
Disaster Management Center
Inter-Union Council Union Council Disaster

Disaster Management Management Center
Coordination Committee
Rapid Response Assessment, Logistic and Capacity Building

Team Planning and Disaster and Volunteer
Coordination Assessment Team Management Unit
Team
Inter-Municipal Committee and Intra- Municipal Committee Disaster Capacity Building

Department Disaster Management Committee Management Framework and Volunteer
Management Unit
There is a missing link of disaster risk reduction and climate Some of the recommendations mentioned
change adaptation in Khyber Pakhtunkhwa Local below could be considered for effective
Government Act 2012, to reach the poor and high risk disaster risk reduction at a different sphere of
communities by reducing emerging threats and building local government system:
disaster resilient communities.
• Provincial local government structure must
aim to provide more support to union
council, municipal committee and

42
136
district council in terms of emphasising the importance of local level • Advocacy at different tiers of local
application of disaster risk reduction. This may be achieved through government for the inclusion of disaster
ensuring that disaster risk reduction becomes an integral part of the risk management and climate change
induction programme of all local level politicians. adaptation as a standing agenda point on
all tiers of local government structure
• Lobbying at the ministerial and secretarial
meetings. Such a direct focus will ensure
level within the Local Government
continued attention and support to disaster
Elections and Rural Development
risk management and climate change
Department as well as the Provincial
Disaster Management Authority for an adaptation at the local level.
amendment to the Provincial Disaster • Provide robust guidelines and encourage
Management Act 2012, in line with clear trainings of local government on the
and direct guidelines on DRM for the local inclusion of disaster risk management
government system at different levels. This plans and the integration of DRR issues
recommendation can be seen as niche of within the integrated development and all
the Provincial Government of Khyber departmental development programmes
Pakhtunkhwa towards promoting disaster and projects. They need to be aligned with
risk reduction and management at local the disaster risk profile of their respective
level. development jurisdiction.
• Communicate and advocate for the urgent • Facilitate and promote the development of
consideration of the placement of disaster a local government disaster management
risk management function within the office training plan to be rolled out in all local
of the union council, municipal committee councils for their members and officials in
and district council. Empirical learning order to address the capacity gaps and
indicates that inter-agencies and inter- improvement areas, as identified in
department coordination is an important Mansehra.
aspect of effective disaster risk
management. • Assist and encourage local government
structure in addressing their physical
• Advocate that disaster risk management resource needs and capacity building as
becomes and is perceived as a funded means of support towards effective
mandate by the government for a certain implementation of disaster risk management in
equitable percentage of budgets for union their respective jurisdiction.
council, municipal committee and district
• Advocate and facilitate the creation of a
council.
centralised information and standardised
• Improve political will for disaster risk communication system between the disaster
management at local government level management authorities, various tiers of
through the promotion of compulsory governance and at risk communities through
disaster risk management trainings for induction of volunteer network, as suggested
politicians who have a role in overseeing the in the above structure.
disaster risk management function. This will • Support local government to network with
also facilitate better understanding between
the non-government sector, government
politicians and technocrats.
institutions as well as private entities to
• Emphasise the importance of facilitate the development of DRM tools
incorporating issues of climate change and and methodologies through engaging
adaptation into the development and specialist consultants.
disaster risk reduction planning.
• Promote and aid the development of a
nationally driven knowledge management
system for municipal disaster risk
43

137
CHAPTER 9
M.ISHFAQ ADVOCATE
MAJOR REGULATORY
INSTRUMENT OF LOCAL
GOVT IN KP RULE OF
BUSINESS BY LAWS ETC
The compendium of Rules of Business,
2015 has been published with the support
of the Sub-National Governance
Programme (SNG). The SNG Programme
aims to support the provincial and district
governments of Khyber Pakhtunkhwa to
improve public services that meet the
needs of the citizens, especially the poor
including women and girls.
138
FOREWARD
The Government of Khyber

Pakhtunkhwa enacted the Local
Government Act (LGA) 2013, for the
revival of a decentralized system erected
on the principle of subsidiarity and
empowering people to elect their
representatives for a three-tier local
government system. The LGA deviates
positively from the past attempts for
decentralization on two counts. Firstly,
instead of the union councils, this law
provides for further devolution of
political, administrative and financial
powers to the village and neighborhood
councils in the rural and urban areas
139
respectively. Secondly, the Act stipulates

that 30 per cent of the annual
development programme of the
province shall be allocated to the local
governments through the Provincial
Finance Commission award.
The prime objective is to take down

decision making i.e. planning,
identification of projects, development
initiatives and implementation to all the
three tiers of the Local Government in
order to respond to people’s expressed
needs and aspirations. This aims at
creating ownership among the
communities by bringing the state and
citizens closer to each other.
140
The government has approved the Rules

of Business (RoBs) 2015 for all the three
tiers of local governments under the LGA
2013 to provide the institutional
framework to the local government
system. The RoBs have been compiled in
this compendium for ready reference
and use by the government
functionaries. The structure of this
booklet has been designed in such a way
that the original legal document is kept
intact without changing the sequence
and original numbering of the Rules in
order to avoid any confusion. The
booklet is divided into three parts-the
District Government Rules of Business
2015; the Tehsil and Town Municipal
141
Administration Rules of Business 2015;

the Village and Neighbourhood Rules of
Business 2015.
Major regulatory instrument of

goverence in KP
Proposed
Sr # District Operational Components
Office
142
1 Administration Revenue Administration,

Coordination, Human
Resource
Management, Finance,
Planning and
Development
Agriculture
2 Extension Agriculture (Extension
Livestock and Livestock and Dairy

3 Dairy Development
Development (Extension)
4 On-farm water On-Farm Water Management

Management
Fisher
5 Fisheries ies
Soil
6 Conservation Soil Conservation
7 Cooperatives Cooperatives
143
Sports, Culture
8 & i. Sports
Youth affairs ii. Culture
iii. Youth affairs
9 Social Welfare i. Social Welfare,

Women
ii. Empowerment
iii. Special Education
Primary and Secondary

10 Education Education,
Vocational Education( except
those
functions entrusted to
TEVTA)
Sr # Proposed District Operational Components

Office
11 Health i. Primary Health Care
including hospitals
(except District
144
Headquarter Hospitals,
Teaching and Tertiary
Hospitals),
ii. Rural Health Centers,
iii. Basic Health Units,
iv. Mother and Child Health
Centers
12 Population Welfare Public Health and Population
Welfare
13 Local Government Rural Development and Rural
and Rural Works
Development
14 Communication and Communication and Works , District

Works Roads & Buildings
15 Public Health Public Health, Public Health
Engineering Engineering
145
TEHSIL AND
146
TOWN MUNICIPAL
ADMINISTRATION
RULES OF
BUSINESS 2015
147
148
Khyber Pakhtunkhwa Tehsil and Municipal Administration Rules of Business, 2015
GOVERNMENT OF
KHYBER PAKHTUNKHWA
LOCAL GOVERNMENT, ELECTIONS AND
RURAL DEVELOPMENT DEPARTMENT
NOTIFICATION
Peshawar, dated the November 3, 2015
NO.SO(Dir)ROB/LGE&RDD/2015:-In exercise of the

powers conferred by section 112 of the Khyber
Pakhtunkhwa Local Government Act, 2013 (Khyber
Pakhtunkhwa Act No. XXVIII of 2013), the
Government of Khyber Pakhtunkhwa is pleased to
make the following Rules, namely;
THE KHYBER PAKHTUNKHWA TEHSIL

AND TOWN MUNICIPAL
ADMINISTRATION
RULES OF BUSINESS, 2015
FR- (3/11/2015) 1
149
PART-I
GENERAL
1. Short title and commencement.-

(1) These rules may be called the Khyber
Pakhtunkhwa Tehsil Municipal Administration and
Town Municipal Administration Rules of Business,
2015.
(2) They shall come into force at once.
2. Definitions:
(1) In these rules, unless the context otherwise
requires, the following expressions shall have the
meaning hereby respectively assigned to them, that is
to say,
a) “Act” means the Khyber Pakhtunkhwa
Local Government Act, 2013 (Khyber Pakhtunkhwa
Act No. XXVIII of 2013);
b) “business” means all work done by the
Tehsil or Town Municipal Administration in
pursuance of the provisions of the Act;
c) “bye-laws” mean the bye-laws made
by the Council under section 113 of the Act;
FR- (3/11/2015) 2
150
d) “case” means a particular matter

under consideration and includes all papers relating to
it and necessary to enable the matter to be disposed of,
viz., correspondence and notes and also any previous
papers on the subject or subjects covered by it or
connected therewith;
e) “Chief Officer” means an officer in-
charge of the designated Urban Unit of the concerned
Tehsil or Town Municipal Administration responsible
for operation and maintenance of municipal services
under the control of Tehsil or Town Municipal
Officer;
f) "Council" means Tehsil Council or
Town Council as the case may be;
g) “district government” means the
district government as provided in section 11 of the
Act;
h) “Executive Authority” means the
executive authority vested in the Nazim;
i) “municipal services” include water
supply, sanitation, conservancy, removal and disposal
of sullage, refuse, garbage, sewer or storm water, solid
or liquid
FR- (3/11/2015) 3
151
waste, drainage, public toilets, express ways bridges,

flyovers, public roads, streets, foot paths, traffic
signals, pavements and lighting thereof, public
parks, gardens, arboriculture, landscaping, bill boards,
hoardings, fire fighting, land use control, zoning,
master planning, classification declassification or
reclassification of commercial or residential areas,
markets, housing, Urban or Rural infrastructure,
environment and construction, maintenance or
development thereof and enforcement of any law or
rule relating thereto.
j) “Nazim” means Nazim of the Council;
k) "Naib-Nazim" means the Naib Nazim of
the Council;
l) "Schedule" means a schedule appended
to these rules; and
m) “Standing Committee” means a Standing
Committee elected under section 25(f) of the Act.
(2) Any word or expression used but not defined in
FR- (3/11/2015) 4
152
these rules shall have the same meaning as provided

in the Act or, rules made under the Act.
3. Allocation of Business.-
(1) The Tehsil Municipal Administration Office
or the Town Municipal Office shall consist of such
offices, sub-offices as well as such other Units that are
located within its jurisdiction. It shall include the
offices and sub offices of the municipal committees,
or as the case may be, town committees established
under Khyber Pakhtunkhwa Local Government Act,
2012 (Khyber Pakhtunkhwa Act No. VIII of 2012).
(2) Business shall be allocated to various sub-
offices as shown in the Schedule:
Provided that the functions assigned to the City
District Government through notification by the
Government shall stand deleted from the business
allocated to the Town Municipal Administration
falling within the area of that City District
Government:
Provided further that the functions allocated in the
Schedule shall include functions relating to planning,
development, budgeting,
FR- (3/11/2015) 5
153
maintenance of accounts, procurement of goods and

services as well as service matters except those
excluded through special or general order of the
Government.
(3) In addition to the relevant provisions
provided in the Act or these rules, as the case may be,
the Tehsil or Town Municipal Administration shall
have the following functional jurisdiction for the
purpose of development investment as provided in the
Planning and Development Guidelines for local
governments:
i. The water and sanitation services of
Tehsil Municipal Administration at Divisional /
Districts, shall rest with the concerned Water and
Sanitation Services Company as per Government
directives
ii. Improvement in municipal service
delivery
iii. Construction and maintenance of water
supply and sanitation projects, construction of tehsil
level infrastructure, footpaths, tracks, street, pavement,
culverts, bridges, public buildings and construction /
maintenance of drains
FR- (3/11/2015) 6
154
iv. Construction and improvement of

playgrounds, graveyard, funeral places, eid gah, parks,
public open spaces, community centers
v. Organization of sports , cultural and
recreational activities
vi. Regulating grazing area, establish cattle
ponds and protection against stray animals and animal
trespass
vii. Land use zoning and planning
viii. Building Control
ix. Tehsil Roads
x. Establishment of solid waste dumping
ground for collection and management of solid waste
from all Village / Neighborhood Councils, situated in
the jurisdiction of each Town Municipal
Administration
xi. Electrification
xii. Solarization
4. Organization and Working of Tehsil or Town

Offices:
(1) Each Tehsil or Town Office as the case may
be, shall consist of a Tehsil or Town
FR- (3/11/2015) 7
155
Municipal Officer, Municipal Officers and such other

officials of the local council service as the
Government may determine.
(2) The Tehsil or Town Municipal Officer, shall,
by means of a standing order and with the approval of
the Nazim, distribute the work among the offices,
branches and sections of each Tehsil or Town Office.
(3) The duty lists of all the officials in Tehsil or
Town Municipal Administration shall be prepared and
compiled in the form of a booklet by Tehsil or Town
Municipal Officer for ready reference.
(4) The duty lists shall be reviewed by the Tehsil
or Town Municipal Officer and the Municipal Officers
on yearly basis for identifying redundant posts in the
office concerned and issue such revised lists with the
approval of the Nazim.
(5) The Tehsil or Town Municipal Officer, on
the basis of the review carried out under sub-rule (4),
may recommend reduction of posts or otherwise in the
annual budget of his office.
(6) If in the opinion of the Tehsil and Town
Municipal Officer or Municipal Officer, as
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the case may be, new posts are required in the office
under his jurisdiction, he shall submit a detailed
justification for creation of such new posts along with
the budget proposal to the Council, the Council shall
submit their recommendation through the Nazim to
the Government through Local Council Board.
Provided the recommendation shall not be binding

upon the government.
(7) The Tehsil or Town Municipal Officer shall
supervise the work assigned to the offices, branches
and sections under his control.
(8) The Tehsil Council shall ensure transfer of
funds to the Water and Sanitation Services Companies
(WSSCs) in the Divisional Headquarters proportionate
to the areas of its jurisdiction in a tehsil
5. Functions and Powers of the Nazim.-
(1) The Nazim shall be the executive head of
Tehsil or Town Municipal Administration and shall
perform such functions and exercise such powers as
have been assigned to him under the Act.
(2) Tehsil Nazim shall be the approving
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authority for expenditure within prescribed sphere of

responsibilities however, he shall not be the co-
signatory of the cheques with the Tehsil Municipal
Officers;
(3) In the case of any disciplinary action against
employees belonging to the Provincial Unified Group
of Functionaries (PUGF), the Nazim, as the case may
be, shall take up the matter with the Government,
through Local Council Board, for initiating action in
accordance with the provisions of the relevant
Efficiency and Discipline Rules on the subject. The
Nazim shall be informed of the final outcome within
thirty days by the Government.
(4) In matters of policy and important decisions,
the Tehsil or Town Municipal Officer shall obtain
approval of Nazim before communicating such
matters and decisions to the district government and
Government.
(5) The Nazim may call for:-
a) any case or information from any
Municipal Officer or, as the case may be, Tehsil or
Town Municipal Officer of the respective Tehsil or
Town;
b) reports, regarding the performance of
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functionaries of Government offices located in the

Tehsil or Town, for the purposes of section 22 (a) of
the Act.
c) monitor the performance of functionaries
of government offices located in the Tehsil and Town
as the case may, and send such performance reports to
the district government or the Government for
consideration and action.
(6) Nazim Tehsil or Town Council shall be a
non-voting co-opted member of District Development
Advisory Committee of their respective district to
avoid duplication and overlapping of development
schemes.
6. Powers and functions of the Naib Nazim.-

(1) The Naib Nazim shall have the following
functions and powers with regard to Council meetings;
(a) Preside over the Council meeting as and when
convened by the Nazim.
(b) The Naib-Nazim shall:
(i) call the sitting to order;
(ii) preserve order and decorum;
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(iii) have all powers necessary for the

purpose of enforcing his decisions in the Council;
(iv) in case of disturbance or disorder in
the galleries, have the power to cause them to be
cleared;
(v) decide all points of order;
(vi) supervise the elections of the
Standing and other Committees of the Council;
(vii) act as Nazim in case of situation
warranted by the provision of Section 59(3) of the
Act;
(viii) have the powers to withdraw his
consent already communicated for the presentation of
a privilege motion, an adjournment motion or a
resolution if some fresh material is furnished to him
on account of which he is satisfied that the withdrawal
of the consent already granted was necessary to be
revoked;
(ix) as soon as may be, after the
commencement of every session,
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nominate, from among the members a panel of not

more than two chairmen, any one of whom may
preside at a meeting of the Council in the absence of
the Naib Nazim, when so requested by the Naib
Nazim: Provided that where no such request has been
made by the Naib Nazim, any one of them may
preside in the order in which their names appear in the
panel.
Provided that If at any time at a sitting of the Council
neither the Naib Nazim nor any member of the panel
of chairmen is present, the Council shall, if there is a
quorum, by motion elect one of its member present to
preside and act as Naib Nazim and for this purpose the
secretary shall hold the election by show of hand.
Provided further that the member competent to preside
over a sitting of the Council shall, have the same
powers as the Naib Nazim and all references to the
Naib Nazim in the rules and bye-laws shall in that case
be deemed to be references to any such person so
presiding.
7. Posting and transfer of officers in Tehsil or
Town Municipal Administration:
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The transfers and posting of officers & officials (Local

Council Services of Provincial Unified Group of
Functionaries (LCS-PUGF)) in Tehsil or Town
Municipal Administration shall be regulated by the
Government transfer and posting policy for the time
being in force as per following table:-
S# Officers Authority
1 Posting of Tehsil Municipal Local Government
Officer (PUGF Cadre) &RDD
2 Posting of Tehsil Officers, Local Government
Regulation, Finance and &RDD
Infrastructure and Chief
Officers Urban Unit (PUGF
Cadre)
3 Other officers & Officials Tehsil Municipal
(Non PUGF) posted at Officer as per rules and
Tehsil Municipal regulations.
Administration
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8. Powers and Functions of Tehsil or Town

Municipal Officer:
(1) The Tehsil Municipal Officer shall be
responsible to:
a) redress public complaints relating to
Tehsil or Town Municipal Administration;
b) liaise with the Local Government
Commission, through the Council, for resolution of
disputes relating to Tehsil or Town Municipal
Administration;
c) ensure that the business of the Tehsil or
Town Municipal Administration is carried out in
accordance with section 22 of the Act and any other
law relating to municipal services for the time being
enforced;
d) ensure that the human and material
resources placed at his disposal are optimally utilized
to improve governance;
e) obtain approval of the Nazim in matters
of policy and important decisions and before
communicating such matters and decisions to the
Government.
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f) assist the Nazim in performance of his

functions and formulation of policy of the Tehsil
Municipal Administration.
g) act as the Secretary of the Council to
coordinate matters relating to secretarial functions of
the Council.
h) co-ordinate the municipal activities of
the Tehsil or Town Municipal Administration within
the Tehsil or Town for coherent planning and
development of municipal infrastructure and for
effective and efficient functioning of the Tehsil or
Town Municipal Administration;
i) co-ordinate the activities of all Municipal
Officers and shall be responsible for execution of
sanctioned policy relating to the Tehsil or Town
Municipal Administration;
j) oversee implementation of programs,
including district, provincial, federal government
programs and foreign funded projects as per policy
guidelines of the Government;
k) prepare periodical reports including
reports on implementation of
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development plans for presentation in the Council;

l) provide information required by the
Council for the performance of their functions;
m) issue standing orders specifying the
cases or class of cases which may be disposed of by
an officer subordinate to him;
n) have the powers to call for any case or
information from any Municipal Officer under his
supervision;
o) refer the case to the Government for
decision, where the Nazim’s orders appear to
involve a departure from rules, regulations or
Government policy; and
p) act as Principal Accounting Officer of
the Tehsil or Town Municipal Administration and be
responsible to the Accounts Committee of the Council
and Public Accounts Committee of the Provincial
Assembly.
(2) While submitting a case for the orders of the
Nazim, it shall be duty of the Tehsil or Town
Municipal Officer to suggest a definite line of action.
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9. Duties and functions of Municipal Officers.-

A Municipal Officer, shall:-
a) act as the focal person for the sub-office of
the Tehsil or Town Municipal Administration placed
under his charge and duly execute the sanctioned
policy;
b) exercise supervision over programmes,
projects, services and activities of the sub-office under
his control;
c) assist the Tehsil or Town Municipal Officer,
as the case may be in formulation of policy and bring
the cases to the notice of the Tehsil or Town
Municipal Officer which are required to be submitted
to the Tehsil or Town, as the case may be;
d) submit all proposals for taxation, quote the
rules and bye-laws, to the Council through the Tehsil
or Town Municipal Officer and Nazim; provided the
taxation proposals shall be scrutinized by the Tehsil or
Town Officer (Regulation) before submission to
Tehsil or Town Municipal Officer, Nazim and
Council, as the case may be;
e) be responsible to the Tehsil or Town
Municipal Officer for the proper conduct of the
business of the Tehsil or Town Office:
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f) subject to any general or special order of

Government in this behalf, issue standing orders
specifying the cases or classes of cases, which may be
disposed of by an officer subordinate to the Municipal
Officer; and
g) be responsible for the careful observance of
rules in Tehsil or Town Offices under his control.
10. Servants of the Local Council.-

The servants of the Local Council within the Tehsil or
Town shall be governed by the same terms &
conditions and rules under which they were originally
appointed, unless the rules are amended or altered by
the Government.
11. General Procedure for Disposal of Business. ---

circulate instructions about the manner of disposal of
the business of the Tehsil or Town Municipal
Administration.
(2) If any doubt or dispute arises as to which
Municipal Officer a case pertains, the matter shall be
referred to the Tehsil or Town Municipal Officer, who
shall obtain orders of Nazim, if necessary, and the
orders thus
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passed shall be final.

(3) All orders shall be in writing; however, in
case of a verbal order, the officer receiving the order
shall reduce it to writing and submit it to the authority
making the order for confirmation, at an earliest
opportunity thereafter for confirmation.
(4) If an order is in contravention of any law,
rules, regulations or Government policy, the
subordinate authority next below the authority making
such order shall point it out to the authority and if the
latter does not agree, it shall refer the case to the next
higher authority for appropriate decision.
(5) Failure to comply with sub-rules (3) and (4)
shall constitute a ground for disciplinary proceedings.
12. Orders, Instruments, Contracts and

Litigation.-
(1) All executive actions of the Tehsil or Town
Municipal Administration shall be expressed to be
taken in the name of Tehsil or Town Municipal
Administration and shall be executed by the Nazim or
an officer duly authorized by him for this purpose.
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(2) Save in cases where another officer has been

specifically empowered by the Nazim to sign an order
or instrument on behalf of Tehsil or Town Municipal
Administration, every order or instrument shall be
signed by the Nazim, and such signature shall be
deemed to be proper authentication of such order or
instrument.
(3) The Tehsil or Town Municipal
Administration may sue and be sued in its name
through the Tehsil or Town Municipal Officer.
13. Executive Committee.-

(1) The Nazim shall constitute an Executive
Committee in each Town or Tehsil as the case may be,
with the Tehsil or Town Municipal Officer as its
Chairman and all Municipal Officers its members to:
a. deal with administrative, financial or public
policy matters of two or more sub-offices;
b. facilitate coordination among the sub-offices
of the Tehsil or Town Municipal Administration,
c. provide avenue for the consideration of
matters of common interest;
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d. tender advice in any case that may be

referred to the Council or the Nazim.
(2) A Tehsil or Town Officer or a Chief Officer,
who wants a particular matter to be discussed in the
Executive Committee meeting, shall apprise the Tehsil
or Town Municipal Officer of his intention of doing so
and forward ten copies of a brief note on the subject
which would form the basis of discussion.
issue notice of the meeting together with the agenda,
well in advance of the meeting provided that urgent
items may be considered at short notice.
(4) Minutes of the meeting shall be recorded by
an officer nominated by the Tehsil or Town Municipal
Officer, who shall attend the meeting for the purpose
and circulate such minutes after approval by the Tehsil
or Town Municipal Officer.
14. Processing and disposal of official business.-

(1) All official business and cases submitted to
any officer in the Tehsil Municipal Administration
shall be processed and disposed of efficiently.
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(2) No case shall be kept pending for more than

three working days by an officer. If processing of a
case requires more time, the immediate superior shall
be informed. A report of the pending cases in an office
shall be prepared at the end of every month and
submitted to the Tehsil or Town Municipal Officer.
Reasons for delay in the disposal of such cases shall
be recorded.
15. Administrative and Financial Powers.-

The administrative and financial powers shall be
exercised by concerned officers as per rules and
delegation of powers. No senior officer of the Tehsil
or Town Municipal Administration shall exercise the
powers specifically delegated to a junior officer. If a
situation requires the exercise of such authority by a
senior officer, he shall record the reasons for
exercising the authority and submit the case to the
Nazim for information.
16. Periodical report of activities of offices.-

There shall be prepared regular periodic reports of the
activities of each sub-office by each Municipal Officer
to be submitted to Nazim through Tehsil Municipal
Officer.
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17. Information to be supplied to a Standing

Committee.-
Any information required by the Chairperson or a
member of a Standing Committee shall be
requisitioned from the Tehsil or Town Municipal
Officer or in his absence, the next senior Municipal
Officer.
18. Action on the reports of the Standing

Committees.-
(1) The reports of the Standing Committees
regarding Tehsil or Town Municipal Administration
shall be examined by the Tehsil or Town Municipal
Officer and a summary shall be submitted to the
Nazim for suggesting a line of action in the matter.
(2) The Nazim shall inform the Council about
the action taken by him on the reports of the Standing
Committee.
19. Inspections by the Provincial Local

Government Commission.-
(1) The Tehsil or Town Municipal
Administration shall extend all the necessary support
to the Inspection Teams deputed by the Local
Government Commission while
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conducting annual and special inspections of the

Tehsil or Town Municipal Administration.
(2) The offices of the Tehsil or Town Municipal
Administration shall provide all the necessary
assistance and relevant documents to the Commission
promptly under intimation to the Nazim.
20. Inspection by the Tehsil or Town Municipal

Officer.-
The Tehsil or Town Municipal Officer shall inspect
the working of offices in Tehsil or Town Municipal
Administration once every three months. He shall pay
special attention to:
a) compliance with the rules, standing
instructions, orders and office directives;
b) general office management;
c) proper use and care of property, equipment
and stationery etc. under the control of an office.
d) submit a report of such inspections to the
Nazim indicating steps taken or required to be taken
for corrective measures.
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PART-II
REFERENCE TO THE NAZIM
21. Reference to the Nazim. ---

(1) No order shall be issued without the approval
of the Nazim in the following cases:
a) involving important policy matters or
departure from policy of the Tehsil Municipal
Administration;
b) involving proposals for the levy of new
taxes and making or withdrawal of bye-laws;
c) regarding resource position and budget
proposals before presentation of the budget and
financial statements to the Council;
d) involving vital social, political,
economic and administrative policies of the Tehsil or
Town Municipal Administration;
e) for requisition of meetings of the
Council except meetings requisitioned for
consideration of no confidence motion against him;
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174
f) involving annual reports on the working

and performance of Tehsil or Town
MunicipalAdministration for submission to the
Government;
g) requiring important reports and
documents to be laid before the Council;
h) where Nazim has issued general or
special order for submission to him.
(2) With respect to a case mentioned in sub-rule
(1), the Tehsil or Town Municipal Officer shall
initiate a self contained note titled as
“Note for the Nazim”, with specific
recommendations and submit the case to the Nazim
with appropriate advice.
(3) The Note containing orders of the Nazim
shall be returned to the initiating officer through
Tehsil Municipal Officer.
(4) Notwithstanding the provisions of sub-rule
(1), the Nazim may, in cases of urgency or other
exceptional circumstances, give directions as to the
manner of disposal of a case, without prior reference
to him and the cases so disposed of shall be reported
to the Nazim at an earliest opportunity thereafter for
confirmation.
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Explanation: For the purpose of urgency or

exceptional circumstances means a situation where the
routine administrative procedure is either not feasible
or causes delay in timely response to the situation.
keep the Nazim generally informed of all matters
affecting public order in the tehsil and cases having
major political implications.
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PART-III
PROCEDURE FOR CONSULTATION
22. Consultation among sub-offices.-

(1) When the subject of a case concerns more
than one sub-office -
a) the Municipal Officer concerned shall be
responsible for consulting the other offices; and
b) no orders shall be issued nor shall the
case be submitted to the Nazim, until it has been
considered by all the sub-offices concerned:
Provided that in cases of urgency, and with the
approval of the Nazim, this requirement may be
dispensed with, but the case shall, at the earliest
opportunity, thereafter be brought to the notice of the
other sub-office concerned in writing.
(2) When a case is referred by one sub-office to
another sub-office for consultation, all relevant facts
and the points necessitating the reference shall be
clearly brought out.
(3) A Municipal Officer may ask through Tehsil
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177
or Town Municipal Officer to see a case of another

sub-office, if it is required for the disposal of a case
pending in his office.
(4) The Tehsil or Town Municipal Officer may
ask to see a case of any office involving important
policy question.
(5) In the event of difference of opinion amongst
the sub-offices, the Tehsil or Town Municipal Officer
or the Municipal Officer primarily concerned shall
refer the case to the Executive Committee constituted
under Rule 12.
(6) In case a Municipal Officer has submitted a
case directly to the Nazim for any cogent reason, the
Nazim shall after recording his decision return the
case through the Tehsil or Town Municipal Officer. In
case the Tehsil or Town Municipal Officer considers
that the proposal of the Municipal Officer or the
decision of the Nazim is against the policy of the
Government or is contrary to the laws or rules for the
time being enforce, he shall refer the case to the
Government for decision.
23. Consultation with Tehsil or Town Finance

Office.
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No Tehsil or Town Office or sub-office shall, without

previous consultation with Tehsil or Town Finance
Office, authorize any orders other than orders in
pursuance of any general or special delegation made
with approval of the Council, which directly or
indirectly affect the finances of the Tehsil or Town, or
which, in particular, involve:
a) relinquishment, remission or assignment
of revenue relating to local funds, actual or potential,
or furnish a guarantee against it, or grant of all kind of
leases.
b) expenditure for which no provision
exists;
c) a change in the number or nomenclature
or basic scale of a post or in the terms and conditions
of service of the non-PUGF servants or their statutory
rights and privileges which have financial
implications;
d) levy of taxes, duties or fee as defined in
the Act;
e) re-appropriation within the budget
grants;
f) alteration in financial procedure or in the
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method of compilation of accounts or of the budget

estimates; or
g) interpretation of financial rules and bye-
laws.
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PART-IV
BYE - LAWS
24. Making and Amendments of Bye-Laws.-

(1) The Tehsil Municipal Officer shall be
responsible for determining the contents of bye-laws
proposed for the Tehsil Municipal Administration and
for obtaining approval of the Nazim to process a case
for submission to the Council.
(2) While according approval to the proposal, the
Nazim shall also indicate as to which of the following
motions should be made in the Council:
a) the draft should be taken into
consideration at once; or
b) it should be taken up at a specified date
in future; or
c) it should be referred to respective
Standing Committee of the Council; or
d) it should be circulated for purposes of
eliciting public opinion thereon.
(3) On receipt of approval indicated in sub-rule
(2), the Tehsil Municipal Officer shall send a
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memorandum to the Nazim, including a statement

detailing the factors necessitating the bye-laws, the
objects of the proposal and
a draft of the bye-laws, for inclusion in the official
business of the Council.
(4) The Tehsil Municipal Officer shall thereafter
prepare a brief for the use of the Nazim at the time of
introducing the draft bye-laws in the Council
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PART-V
COUNCIL BUSINESS
25. Bye-Laws on Conduct of Business in the

Council. ---
(1) The officers of the Tehsil Municipal
Administration, in the conduct of Council business,
shall comply with the bye-laws governing the conduct
of business in the Council.
26. Meetings of the Council. ---

(1) Secretary of the Council shall obtain orders
of the Nazim for convening a session of the Council in
accordance with the bye-laws on the conduct of
business and conduct of meetings of the Council and
take further action on such orders.
(2) All officers of the Tehsil Municipal
Administration shall keep under review the official
business intended to be brought before the Council
and shall, not later than three days before the
commencement of the session, forward to the
Secretary of the Council a detailed list of such
business.
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(3) The Secretary of the Council shall prepare a

provisional forecast of the official business to be
brought before the Council and shall make appropriate
proposal to the Nazim for the allotment of time for the
transaction of such business.
27. Termination of the Session. ---

(1) The Secretary of the Council shall, at an
appropriate time, obtain orders of the Nazim, for
termination of the session of the Council on
conclusion of business.
28. General Provisions regarding Council

Business. ---
(1) The Tehsil Municipal Officer shall be the
focal person for liaison and smooth conduct of
business in the Council.
(2) The concerned sub-office(s) of the Tehsil
Municipal Office shall take prompt action on receipt
of copies of the resolutions, motions, questions, call
attention notices and other business to be brought
before the Council.
(3) In case a resolution, motion, question, call
attention notice or any other communication has
wrongly been addressed to a sub-office of
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184
the Tehsil Municipal Office, the latter shall promptly

transfer it to the concerned sub-office under intimation
to the Secretary of the Council.
(4) As soon as any communication is received
from the Secretary of the Council or any sub-office
regarding the business of the Council, the person
receiving the communication shall at once bring it to
the notice of the focal person/Municipal Officer in
charge of the sub-office.
29. Resolutions and Motions. ---

(1) When an official resolution or motion is to be
moved in the Council, the concerned officer shall
forward it together with a formal notice duly signed
by the Nazim to the Secretary of the Council.
(2) On receipt of a non-official resolution or
motion from the Secretary of the Council, the
concerned Officer shall examine the communication
and determine whether discussion of the resolution or
motion, or any part of the same, would be detrimental
to the public interest. If so, he should point it out, with
reasons, in its comments and process it,
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185
with a brief, for consideration and use of the Nazim.

(3) On receipt of a resolution passed by the
Council, the concerned officer shall immediately take
appropriate necessary action and shall, within one
month from the date of the receipt of the resolution,
apprise the Secretary of the Council of the action
taken on the resolution.
30. Questions. ---

(1) On receipt of each question (starred, un-
starred or short notice), the concerned officer shall
prepare an appropriate reply and, subject to approval
of the Nazim, forward the required number of copies
to Secretary of the Council in accordance with the
bye-laws on conduct of business in the Council.
(2) The concerned officer shall also prepare a
brief for purposes of supplementary questions for use
by the Nazim.
31. Call Attention Notices. ---

On receipt of a Call Attention Notice the concerned
officer shall prepare an appropriate reply and a brief
for purposes of supplementary questions, for
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186
use by the Nazim.

32. General Discussion. ---
Whenever a day is fixed for general discussion on any
issue, the concerned officer or representative of the
sub-office shall remain present in the official gallery
during the discussion for taking notes and preparation
of a brief for use by the Nazim.
33. Budgets. ---

(1) The Secretary of the Council shall obtain
approval of the Nazim for the date for presentation of
the annual and supplementary budgets and
communicate such orders for appropriate action in
accordance with the Act.
(2) On receipt of a motion proposing a cut in the
demand or supplementary demand for grant of funds,
the concerned officer shall examine the points raised
in the motion, or any further points likely to be raised,
and prepare a brief for the use of the Nazim.
(3) Budgets shall be processed in the manner
prescribed in the Local Government Budget Rules
framed under the Local Government Act, 2013;
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(4) Development Projects shall be processed for

the approval of District Development Committee as
per procedure provided in the
Local Government Planning and Development Rules,
2015 notified by the Planning and Development
Department.
34. Undertakings and Assurances.-

The concerned Officer shall be responsible for giving
effect to any undertaking or assurance given by the
Nazim in the Council.
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PART-VI
MISCELLANEOUS PROVISIONS
35. Protection and Communication of Official

Information. ---
(1) A Government servant shall not
communicate any information acquired directly or
indirectly from official documents or otherwise to the
Media, to non-officials, or to officials belonging to
other Government offices, unless he has been,
generally or specially, empowered or obligated to do
so.
(2) Ordinarily all official news and information
shall be conveyed to the press through the Tehsil or
Town Municipal Officer, or an official spokesman of
the Tehsil or Town Municipal Administration
nominated by the Nazim, in the manner prescribed
generally or specially in each case.
circulate instructions about the treatment and custody
of official documents and information of a
confidential character.
36. Channel of Correspondence. ---
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(1) Correspondence with the District or City

District Government or any other Tehsil or Town
Municipal Administration in the district shall be
conducted by the Tehsil or Town Municipal Officer
and it shall be addressed to the Deputy Commissioner
or the Tehsil or Town Municipal Officer, as the case
may be.
(2) The correspondence by the Tehsil Municipal
Administration with the Government shall be routed
through the Local Council Board.
(3) All correspondence with the government of a
foreign country or a Pakistan Diplomatic Mission
abroad or a Foreign Mission in Pakistan or an
International Organization shall normally be
conducted through the Government:
(4) Correspondence with the Village Council or
Neighborhood Council of the same tehsil or town shall
be conducted directly by the offices in respect of the
subjects allocated to them and it shall ordinarily be
addressed to the Nazim Village Council or, as the case
may be, the Neighborhood Council concerned.
(5) The Government shall issue policy
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instructions from time to time to ensure effective

coordination between the Sub-Divisional
Administration and Tehsil Municipal Administration
for better service delivery of municipal services.
37. Performance Evaluation Report:

The Reporting line for the Annual Performance
Evaluation Reports of officers posted in the Tehsil or
Town Municipal Administration shall be as under-
2nd Counter-
1st Counter-
S# Officers Reporting Officer signing
signing Officer
Officer
1 Tehsil or Town Deputy Secretary Local Secretary
Municipal Commissioner Council Board Local
Officer (PUGF Government
BPS 17 and & Rural
above) Development
2 Tehsil or Town Tehsil or Town Deputy Secretary
Officer Municipal Officer Commissioner Local Council
Regulation, Board
Finance and
Infrastructure
(PUGF BPS 17
& Above)
3 Officers and Concerned Town Tehsil or Town Nazim Tehsil
Officials posted or Tehsil Officer Municipal Officer or Town
in TMA (PUGF Council
BPS 16 &
FR- (3/11/2015) 43
191
2nd Counter-
1st Counter-
S# Officers Reporting Officer signing
signing Officer
Officer
below)
4 Chief Officer Tehsil or Town Deputy Secretary
Urban Unit Municipal Officer Commissioner Local Council
Board
5 Officers & Concerned Tehsil Tehsil or Town Nazim Tehsil
Officials posted Officer Municipal Officer or Town
in TMA (Non Council
PUGF PBS 5
and above)
Note: While writing the Performance Evaluation Report or Annual

Confidential Report, as the case may be, the reporting officer, may
give due consideration to the feedback provided by the Tehsil or
Town Nazim concerned.
38. General. ---

(1) The business of the Tehsil or Town
Municipal Administration shall be transacted in
accordance with the channels of communication laid
down in these rules and instructions of the
government.
(2) If oral discussions are held with the Nazim by
an officer, he shall communicate the points made
during the discussion to his immediate superior at the
earliest.
FR- (3/11/2015) 44
192
193
39. Tenure and Process for the Lease and Contracts.- The Council or the Tehsil or Town Municipal
Administration shall be empowered for grant of lease or contracts or auction of its property rights and local own
source revenue through open auction and subject to policy guidelines issued by the Government through Local
Council Board. In case of long term lease or contracts, such cases shall be placed before a committee of the Council
for framing recommendations for the approval of the Government, through Local Council Board.
40. Repeal. ---The Khyber Pakhtunkhwa Tehsil or Town Municipal Administration (Rules of Business) 2001 are
hereby repealed.
Talbe Dua.
Design by M.ISHFAQ Advocate (jerry.pearl86@yahoo.com)

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Remember me in your prayers.

For copy mail (jerry.pearl86@yahoo.com)

(KHYBER PAKHTUNKHWA ACT NO. XXVII OF 2013)

1. Short title, extent and commencement.

4. Maintenance and indexing of records.

5. Publication and availability of records.

7. Request for information.

9. Where information is not held.

10. Procedure for disposal of requests.

11. Time line for responding.

12. Form for providing information.

13. Fees for requests.

14. Exempt information.

15. International relations and security.

16. Disclosure harmful to law enforcement.

17. Public economic affairs.

18. Policy making.

20. Legal privilege.

21. Commercial and confidential information.

22. Third parties.

24. Information Commission.

25. Functions of the Information Commission.

26. Powers of the Information Commission.

27. Funding for the Information Commission.

31. Power to remove difficulties.

32. Power to make rules.

THE KHYBER PAKHTUNKHWA RIGHT TO INFORMATION ACT, 2013.

(KHYBER PAKHTUNKHWA ACT NO. XXVII OF 2013)

[First published after having received the assent of the Governor of

the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa

(Extraordinary),dated the 5th November,2013].

to provide for ensuring transparency and access to

information in the Province of the Khyber Pakhtunkhwa.

WHEREAS Article 19A of the Constitution of the Islamic Republic of Pakistan

AND WHEREAS transparency of information is vital to the functioning of

AND WHEREAS it is essential that citizens shall have right to information to

It is hereby enacted as follows:

(2) It extends to the whole of the Province of the Khyber Pakhtunkhwa.

(3) It shall come into force at once.

2. Definitions.---In this Act, unless there is anything repugnant in the subject or

(a) “complaint” means any allegation in writing made by or on behalf of a

(b) “1[Public Information Officer]” means an officer of a public body designated

2[(iii) Secretariat of the Provincial Assembly, Khyber Pakhtunkhwa alongwith the

(vii) anybody which is owned, controlled or substantially funded by one of the

(viii) any other body which undertakes a public functions;

(j) “record” means information which is recorded in any form;

3. Right to information.---(1) Every citizen shall subject to the provisions of this

(3) This Act shall be interpreted so as,-

(a) to advance the purposes of this Act; and

4. Maintenance and indexing of records.---Subject to the provisions of this Act

5. Publication and availability of records.---(1) The following categories of

3Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015

6. Designation of official.---(1) On commencement of this Act, a public body shall

7. Request for information.---(1) Subject to the provisions of this Act, every

8. Assistance to requesters.---(1) A 9[Public Information Officer] shall take all

(3) Where a requester is unable to provide a written request, a 11[Public

10. Procedure for disposal of requests.---(1) A 12[Public Information Officer] shall

(3) Where information or a record is provided in accordance with clause (a) of

information, such as a physical copy (attested), an electronic copy or an

13Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015

14. Exempt information.---A public body shall not be required to disclose