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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.

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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

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(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
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(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
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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
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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 information,
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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
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(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
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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.

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(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
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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 by
15
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;

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(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
The first Municipal Corporation was set up in Madras in 1688 by the East
45
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
Calcutta and Bombay, and reconstituted the Madras Municipality created in
1688. According to the new Charter, the corporations constitute a Mayor and nine
46
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
under it was of a direct nature.
v- Act XXVI of 1850
In 1850 another municipal Act XXVI was drafted for the whole country.
47
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
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
48
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
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

49
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
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

50
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
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,
51
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
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

52
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
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

53
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
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
54
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
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
55
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
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

56
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
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

57
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
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
58
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.
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
59
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
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
60
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
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
61
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
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.
62
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
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

63
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
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
64
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
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
65
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
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

66
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
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
67
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
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
68
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
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

69
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
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.

70
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.
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

71
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
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
72
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.
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

73
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.
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.
74
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 that
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 society,
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
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
75
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
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
76
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 Council
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.
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

77
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
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 district level and subordinating it
to the elected representatives.
78
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
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 rural
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.
79
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.
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.
80
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
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

81
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 government.
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
M.ISHFAQ ADVOCATE
THE SERVICE OF HUMANITY IS THE HIGHIEST ACT OF DEVOTION

82
CHAPTER 6
KPK LOCAL GOVT ACT 2013
T ABLE OF C ONTENTS
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

83
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;

2
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
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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

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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
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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
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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.
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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.
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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,-

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(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

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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.
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(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

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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

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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.
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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

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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

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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
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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
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(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;
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(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;
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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;
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(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;
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(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.
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(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
nomination papers.
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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.
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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
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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;

33
(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;
34
(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;
35
(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
disposal of a local government under directions of
Government.
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(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
37
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
38
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.
39
(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
40
(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.
41
(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
42
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,
43
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.
44
(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:
45
Provided that no order shall be passed in appeal, except after giving the
aggrieved person an opportunity of being heard.
46
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
47
(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
distress and sale of the movable property belonging to the person concerned or by
48
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.
49
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”.
50
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.
51
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;
52
(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
53
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.
54
(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
55
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;

56
(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:
57
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.
58
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.
59
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
60
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.
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(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.
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(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
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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.
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(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

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(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).
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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
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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,
2002.
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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-
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(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
70
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;
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(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;

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(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
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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.
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(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
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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.
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(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

77
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
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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
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(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.
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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-
81
(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;
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(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-

83
(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
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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

85
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
86
(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;
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(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
88
(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
89
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,
90
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
91
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.
92
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.
93
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.
94
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):
95
(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;
96
(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.
*****
97
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

98
(xxiv) Coordination, Human Resource Management, Planning, Development,

Finance and Budgeting functions for the devolved offices
PART –B
ADDITIONAL GROUP OF OFFICES IN CITY DISTRICT
(i) Public Transport Public transportation and mass transit
Passenger and freight transit terminals

Traffic planning, engineering and
parking
99
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;

100
(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.

101
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
102
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
103
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
104
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
105
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]
106
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 District Government.
107
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.
108
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
the approval of the City District Government.
109
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.
110
7. Contravention of the prohibition or attempt or abetment of any of the

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

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

disposal of affluent or prevention of their mixing up with the water supply
or sewerage system.
111
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.
112
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.
113
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.
114
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 to be injurious to health or offensive to Rs. 500
neighbourhoods.
4. Slaughtering of animals for the sale of meat at a place Rs. 500

other than the place set apart for the purpose.
5. Without the permission of the local government causing or a. Rs. 2,000

knowingly or negligently allowing the contents of any sink, in 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 b. Rs.500
the purpose. for others.
6. Keeping or maintaining any cattle in any part of the

prohibited zone or failure to remove the cattle from the
prohibited zone within the specified time when an order to Rs. 500
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
and without being muzzled or to set at large any animal or Rs. 500
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
115
sewerage system. Rs. 2,000
10. Without previous sanction of the local government- laying

out a drain or altering any drain in a street or road;
connecting any house drain with a drain in a public street; Rs. 1,000
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.
116
12. Burying or burning a dead body at a place which is not a

public or registered burial or burning place, except with the
sanction of the local government. Rs. 1,000
13. Failure to furnish, on requisition, information in respect of

any matter which a local government is authorized to call
for under any of the provisions of the Act, rules or bye-laws Rs. 500
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
slaughter of animals or their trespass of private or public Rs. 500
property.
15. Picketing, parking animals or collecting carts or vehicles

on any street, using any street as a halting place for
vehicle or animals or as a place for encampment without Rs. 500
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 or permitting to be damaged any Rs. 500
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 government. Rs. 500
19. Throwing or placing any refuse, litter or garbage on any

street, or in any place, not provided or appointed for the
purpose by a local government. Rs. 500
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 this facility. Rs. 1000
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 area as may be specified by a local Rs. 1,000
government.
117
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
118
25. Failure to clean the premises, houses, shops and

cultivated lands of the plastic bags and other non-
perishable materials. Rs. 500
26. Damaging or polluting physical environment, inside or Rs. 2,000 for

outside private or public premises, in a manner to public
endanger 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 or other source from which water is derived for public Rs. 500
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
this Act to be injurious to health or offensive to the Rs. 1,000
neighbourhood.
29. Failure to stop leakages of water pipes, faucets and

sanitary fittings resulting in dirty water pools affecting
physical environment and breeding of mosquitoes. Rs. 1,000
30. Failure of an owner or occupier of any building or land to

put up and keep in good condition troughs and pipes for
receiving or carrying water or sullage water. Rs. 1,000
31. Feeding or allowing to be fed an animal meant for dairy or

meat purposes, on deleterious substance, filth or refuse of
any kind which is dangerous to health of consumers. Rs. 1,000
32. Defacing or disturbing any direction-post, lamp post or

lamp extinguishing or any light arranged by a local
government without due authority. Rs. 1,000
33. Fixing or allowing the fixing of any bill, notice, play card,
poster or other paper or means of advertisement against
or upon any private or public building or place other than Rs. 1,000
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 special prohibition issued by a local Rs. 1,000
government or a hospital or an educational institution.
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36. Loud shouting in abusive language causing distress to the

inhabitants of a neighbourhood or village or any other
public place. Rs. 1,000
37. Using or allowing the use for human habitation of a

building declared by a local government to be unfit for
human habitation. Rs. 1,000
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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 land or crop or produce of land, or any public Rs. 1,000
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
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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 (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)
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:
122
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-2 (To be retained by Offender on Copy-3 (To be returned to Enforcement Officer Copy-4 (To be sent by the Bank to
payment of fine) by offender after payment within ten days) the local Accounts Officer)
Copy-1 (To be retained by Enforcement
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

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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.
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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.

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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
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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
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
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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
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
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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
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.
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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.
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.
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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 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
77
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
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
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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.
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,
79
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;
 (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;
80
 (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 اسلما 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
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


81
 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.
 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.
82
 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.
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.

83
- 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

84
CHAPTER 8
DISASTER EMERGENCY MANAGEMENT , FIRE FIGHTING, EARTHQUAKES, FLOOD

,NATURAL CLAMITY , NDMA PDMA REHABLIATION AND RELIEF
3/17/2010
85
National disaster
management system in
Pakistan
Outline of Presentation
z Background the DM in Pakistan
z Gaps in Disaster Risk Management
z Disaster Management System

3/17/2010
BACKGROUND
¾ Pakistan is vulnerable to a range of hazards- both natural as well
as man-made.
¾ Reactive emergency response (Calamity Act of 1958) approach

remained the predominant way of dealing with disasters in
Pakistan till 2006
¾ The Earthquake, 2005 highlighted Pakistan’s vulnerability to

disaster risks.
¾ Exhibited the need for establishing appropriate policy and

institutional arrangements to reduce losses from disasters in
future.
¾ The need fulfilled through promulgation of National Disaster

Management Ordinance, 2006.
Gaps in DRM
z Pakistan’s concept of preparedness for

natural disasters remained restricted to
relief.
z No institution for mitigation,

preparedness, response (other than
relief - including search, rescue,
evacuation, emergency medical and
food services) and rehabilitation.
2
3/17/2010
National Disaster
Management Ordinanance
National Disaster Management Ordinance,

¾
¾
¾
¾
¾
¾
¾
¾
¾ The Ordinance provides for legal and institutional
arrangements for disaster management at federal,
provincial and district levels.
¾ 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.
Composition
¾ The Prime Minister will be the Chairman, ex-officio.
¾ 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.
Composition
¾ 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.
¾ The Director General / Chairman of the NDMA shall act

as ex-officio Secretary of the commission.
National Disaster Management Commission

(NDMC)
Powers and Functions

¾ Lay down policies on disaster management.
¾ Approve the National Plan.
¾ Approve Plans prepared by the Ministries /

Divisions of the Federal Government in
accordance with the National Plan.
¾ Lay down guidelines to be followed by
Federal Government and Provincial
Authorities.
5
3/17/2010

(NDMC)
Cont… Powers and Functions
¾ Arrange for, and oversee, provision of funds for
the purpose of mitigation measures, preparedness
and response.
¾ Provide such support to other countries affected by
major disasters, as the Federal Government may
determine; and
¾ 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
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
3/17/2010

(DDMA)
Powers & Functions
¾ To prepare a Disaster Management Plan including District
Response Plan.
¾ To coordinate and monitor the implementation of the

National Policy, Provincial Policy, National Plan, Provincial
Plan and District Plan.
¾ 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
¾ 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.
¾ 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.
¾ To lay down Guidelines for preparation of Disaster

Management Plans by the Departments and local
authorities in the District.
13
3/17/2010

(DDMA)
Powers & Functions
¾ To monitor the implementation of District Disaster
Management Plans.
¾ To lay down Guidelines to be followed by the District

Departments.
¾ To organize and coordinate specialized training programmes

for District level officers, employees and voluntary rescue
workers.
¾ 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
¾ To set up, maintain, review and upgrade the mechanism for
early warnings and dissemination of proper information to
public.
¾ To prepare, review and update District level Response Plan

and Guidelines.
¾ 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
3/17/2010

(DDMA)
Powers & Functions
¾ 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.
¾ To identify buildings/places which could, in disaster situations,

be used as Relief Centre or Camps.
¾ To establish stockpiles of relief & rescue materials and make

such materials available at a short notice.
¾ To provide information to the PDMA relating to different aspects

of Disaster Management.

(DDMA)
Cont…Powers & Functions
¾ To encourage involvement of NGOs & voluntary social welfare

organizations at the grassroots level in the District for disaster
management.
¾ To ensure that communication systems are in order, and

disaster management drills are carried out periodically; and
¾ To perform other functions of disaster management in the

District assigned to it by the Provincial Government/PDMA.
15
3/17/2010
National Institute of Disaster Management

(NIDM)
¾ This Institute may be tasked to develop training modules,
undertake research and documentation in the field of
Disaster Management, and organize training programmes.
¾ The Institute may formulate and implement a comprehensive

Human Resource Development Plan, covering all aspects of
Disaster Management.
¾ The NIDM may provide assistance in national level policy
formulation in the field of Disaster Management .
¾ 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….
¾ It may provide assistance to the Provincial Governments in
the formulation of Provincial level policies, strategies, and
disaster management framework.
¾ NIDM may develop educational materials for Disaster

Management including Academic and Professional Courses.
¾ 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
3/17/2010
National Disaster Response Force

¾ The NDRF shall be established for the purpose of specialist
response to a threatening disaster situation or disaster.
¾ 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.
¾ The general superintendence, direction and control of the

NDRF shall vest in the NDMA.
National Disaster Management Fund

¾ Federal Government to constitute a National Disaster
Management Fund through Notification, for meeting any
threatening disaster situation or disaster.
¾ 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
3/17/2010
Cont….
¾ 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.
¾ The Fund shall be administered by the NDMA towards

meeting the expenses for emergency preparedness,
response, mitigation, relief and reconstruction.
Provincial Disaster Management Fund

¾ Each Provincial Government shall establish Provincial
Disaster Management Fund.
¾ It shall be financed through grants made by the
Federal Government/Provincial Governments; loans,
aid and donations from the national /international
agencies.
¾ This Fund shall be used for meeting the expenses for
emergency preparedness, response, mitigation, relief
and reconstruction in the Province.
18
3/17/2010
MAJOR ABRIVATION
DDMO District
AC Assistant Commissioner Disaster
ACO Assistant Coordination Management
Officer Officer
BGR Federal Institute for DPMP Disaster
Geosciences and Natural Preparedness and
Resources (Germany) Management
CBO Community Based Project
Organisation DRM Disaster Risk
CDPM Center for Disaster Management
Preparedness and DRR Disaster Risk
Management (Peshawar) Reduction
CMO Chief Municipal Officer EDO Executive
CNG Compressed Natural District Officer
Gas EMR Emergency
CSO Civil Society Medical Responder
Organisation EMT Emergency
CSSR Collapsed Structure Medical Technician
Search and Rescue ERT Emergency
DC Deputy Commissioner Response Team
DCO District Coordination EWM Early
Officer Warning
DDMA District Disaster Mechanism
Management Authority FF Fire Fighter
DDMU District Disaster FR First Responder
Management Unit
FWO Frontier Works MDMAF Municipal
Disaster Management
Organisation Advisory Forum
GCM Group Coordination MDMF Municipal
Meeting Disaster Management
GIZ Deutsche Gesellschaft Framework
MFR Medical First
für Internationale Responder
Zusammenarbeit MM Millimeter
GLOF Glacial Lake Outburst MOU Memorandum of
Understanding
Flood MR Medical Responder
GSP Geological Survey of NDMC National Disaster
Pakistan Management Commission
GTZ Deutsche Gesellschaft NDMO National Disaster
Management Ordinance
für Technische NDRMF National
Zusammenarbeit Disaster Risk
HA Hectare Management Framework
NGO Non-governmental
ICDMCC Inter-Union Council Organisation
Disaster Management NHA National Highway
Coordination Committee Authority
IFRC International NOC No-objection
Certificate
Federation of Red Cross and NTC National
Red Crescent Societies Telecommunication
IDP Internally Displaced Corporation
NWRDP National Water
Person Resources Development
INGO International Non- Programme
governmental Organisation PaRRSA Provincial
KP Khyber Pakhtunkhwa Reconstruction,
Rehabilitation and
LADA Local Area Settlement Authority
Development Authority PCNA Post-Crisis Needs
LADMF Local Area Disaster Assessment
PDMA Provincial
Management Framework Disaster Management
LPG Liquefied Petroleum Gas Authority
MAF Million Acre-Feet PDMC Provincial Disaster
MC Municipal Committee Management Commission
PHD Public Health
MCDMC Municipal Committee Department
Disaster Management Center
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
UNFCC United Nations Framework
Convention on Climate
USAID United States Agency for
International Development DISASTE
WAPDA Water and Power R
Development Authority
WWF World Wide Fund for Nature EMERGE
NCY
MANAGE
MENT
FLOOD
EARTHQ
UAKE
FIRE
FIGHTIN
G
NATURAL in 2011.
Subsequently, an
CLAIMITY agreement
reached
was
with
REHABLIATION PDMA/PaRRSA on
extending joint
AND RELIEF efforts under
Administrative
Reform
Component’s
Output 4 with a
In 2010, the Government of Khyber focus on:
Pakhtunkhwa established District
¾ Orientatio
Disaster Management Units (DDMUs)
n of
in all the districts of Khyber
Pakhtunkhwa. As of now, these units DDMUs on
are in the process of setting up roles,
working procedures and carrying out competenc
their duties with a diverse range of ies and
stakeholders including government procedure
agencies, non-governmental s
institutions and citizens.
¾ Disseminat
ion of the
The Disaster Preparedness and
Management Project (DPMP) DRM
executed by GIZ (ex GTZ) in 2008- Model
2010 developed and established a Mansehra
model for ensuring disaster for future
management at the district level in initiatives
Mansehra. In extension of efforts of the
carried out by DPMP, the PDMA-
PDMA/PaRRSA and GIZ PaRRSA
Governance Programme have and
agreed to review the Mansehra DDMUs
experience as a crucial input for
scaling-up and rolling-out of
operational DDMUs in the province.
The process approaches, actions and success

03
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
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
To fulfill these objectives, the handbook attempts to understanding disaster risk
explain the processes, approaches, methodologies and
management related skills and shall
also help in building the capacity of
tools which have been developed and tested under the
the practitioners for
DRM Model Mansehra. The methods and tools proposed
implementation of the model in
in this guide are generic and can be adapted according
other districts.
to the characteristics of different natural hazards,
development issues, geographical conditions,
The handbook is developed with the
institutional settings, and administrative arrangements.
support of GIZ Governance
In order to strengthen GIZ’s assistance to governments
Programme by compiling,
and other concerned organisations in promoting disaster
documenting and providing
management, the handbook has been developed on the
basis of empirical knowledge, experience sharing and
information on strategies, policies
best practices in scaling-up the DRM Model Mansehra,
and efforts made by DDMU
and its implementation challenges and outcomes. It will Mansehra with the technical
help the District Disaster Managment Officers and Chief support of the GIZ. The handbook is
Municipal Officers for replication of this model in their an overview of the combined efforts
respective districts and municipalities. made by multi-stakeholders in
making District Mansehra a
The handbook draws heavily on the field experience pioneering paradigm in disaster risk
of local government officials, development management.
practitioners and civil society activists for
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
. environment. Examples of natural
hazards are floods, tsunamis,
2.1 Disaster earthquakes, etc. Landslides, floods,
droughts and fires can be described as
A serious disruption of the functioning of a community or socio-natural hazards since their causes
a society involving widespread human, material, economic are both natural and man-made. The
or environmental losses and impacts, which exceeds the
distinction between natural and man-
ability of the affected community or society to cope using
made hazards is becoming harder to
its own resources (United Nations International Strategy
define. For example, flooding may be
for Disaster Reduction 2004).
increased through landfill, drainage or
groundwater extraction.
A disaster happens when a hazard impacts
upon a vulnerable population and causes
Storm surge hazard may be worsened by
damage, casualties and disruption. An
the destruction of mangroves. Human-
earthquake in an uninhabited desert cannot be
made hazards are associated with
considered a disaster, no matter how strong
industrial or energy generation facilities
the intensity may be. An earthquake is only
and include explosions, leakage of toxic
disastrous when it affects people, their
waste, pollution and dam failures. War,
properties and activities.
complex conflicts, terrorism and civil
strife are also included in this category.
2.2 Hazard
A dangerous phenomenon, substance, human activity or

condition that may cause loss of life, injury or other
health impacts, property damage, loss of livelihoods and
CHAPTER 2 Key Concepts in DRM 5.Industrial 10. Conflict
2.4 Classification of hazards

Hazards are classified into four major
categories:
Some hazards can cause secondary hazards, Major hazards in Khyber Pakhtunkhwa
such as, an earthquake causing landslides ¾ Natural hazards i.e.
can block river flow which may cause Hydro-meteorological hazards
flooding. A community may be exposed to Geological hazards
multiple hazards as a result of secondary
¾ Human induced or socio-nature hazards
hazards.
¾ Technological hazards
2.3 Hazards in Khyber Pakhtunkhwa Province
The Province of Khyber Pakhtunkhwa is in ¾ Biological hazards
the grip of major hazards, having the
potential to damage people and property on
2.4.1 Natural hazards
regular intervals:
Natural process or phenomenon that
may cause loss of life, injury or other
Major hazards in Khyber Pakhtunkhwa health impacts, property damage, loss
1.Earthquake 6. Flood of livelihoods and services, social and
economic disruption, or environmental
2.Landslide 7. GLOF damage. Natural hazards are a
3.Drought 8. Avalanche sub- set of all hazards. The term
is used to describe actual
4.Epidemic 9. Fire hazard events as well as the
Building resilience by learning

0
The Disaster Risk Management Handbook 6
known
CHAPTER 2 Key Concepts in DRM as
typhoons
and
hurricanes),
thunderstorms,
hailstorms,
latent hazard conditions that may give rise to future tornados,
events. Natural hazard events can be characterised by blizzards,
their magnitude or intensity, speed of onset, duration
and areas of extent. For example, earthquakes have avalanches,
short durations and usually affect a relatively small
region, whereas, droughts are slow to develop and floods
often affect larger regions. In some cases, one hazard
may be triggered by another hazard, such as the flood including
caused by a hurricane or the tsunami that is created flash floods, heat waves and cold
by an earthquake. spells.
Hydro-meteorological conditions
i. Hydro-meteorological hazards: can also
be contributing factor in other
Hydro-meteorological hazards
hazards
include tropical cyclones (also
such as landslides, wild fires, locust plagues,
epidemics, dispersal of toxic substances
and volcanic eruption.
ii. Geological hazards:

Geological process or
phenomenon that may natural probabilities. Socio-
cause loss of life, injury natural hazards can be reduced
or other health impacts, and avoided through wise
property damage, loss management of land and
of livelihoods and services, social and
environmental resources.
economic disruption, or environmental
damage, such as, earthquake, volcanic
2.4.3 Technological hazards
eruption, land movement, rock fall, glacial A hazard originating from
surge, etc. technological or industrial
conditions, including scientific
2.4.2 Socio-natural hazards accidents, dangerous procedures,
The phenomenon of increased occurrence of certain infrastructure failures or specific
geo-physical and hydro-meteorological hazardous human activities that may cause
events, such as landslides, floods, land subsidence loss of life, injury, illness or other
and drought that arise from the interaction of health impacts, property damage,
natural hazards with over exploited or degraded land loss of livelihoods and services,
social and economic disruption, or
and environmental resources. This term is used to
environmental damage. Examples
describe the circumstances
of technological hazards include
where human activity is industrial pollution, nuclear
increasing the occurrence of radiation, toxic waste, dam failure,
certain hazards beyond their transport accident, factory
explosion and chemical
spill. Technological hazards
may also arise directly as a
result of the
impacts of a natural hazard.
2.4.4 Biological hazard

Process or phenomenon of
organic origin which is
conveyed by biological vectors,
including exposure to
pathogenic micro-organisms,
toxins and bioactive substances
that may cause loss of life, injury,
illness or other health impacts,
property damage, loss of
livelihoods and services, social
and economic disruption, or
environmental
damage. Examples of biological
hazards include outbreaks of
epidemic disease, plant or animal
contagion, insect plagues and
infestations.
07 The Disaster Risk Management Handbook
more vulnerable to disasters which

means that they have harder time
surviving and recovering from a
calamity than people who are better off
economically.
2.5.2 Social vulnerability

2.5 Vulnerability People who have been marginalised in
social, economic or political terms are
The characteristics and circumstances of vulnerable to suffer more from disasters
a community, system or asset that make it whereas groups, which are well
susceptible to the damaging effects of a hazard. organised and have higher commitment
towards their members, suffer
Vulnerability is a set of prevailing or comparatively less during disasters.
consequential conditions, which adversely Weakness in social and organisational
affect people’s ability to prevent, mitigate, areas may also cause disasters. For
prepare for and respond to hazardous events. example, deep divisions can lead to
These long-term factors affect a household’s or conflict and war. Conflict over resources
community’s ability to absorb losses after due to poverty can also lead to violence.
disaster and to recover from the damage. A second area of vulnerability then is
Vulnerabilities precede disasters, contribute to the social and organisational aspect of a
their severity, impede disaster response and community.
may continue to exist long after a disaster has
struck. These long-term factors affect a
household’s or community’s ability to absorb
losses after disaster and to recover from the
damage.
Anderson and Woodrow (1990) categorised

vulnerabilities into three areas:
2.5.1 Physical and material vulnerability

For example, poor people who have few
physical and material resources usually suffer
more from disasters than rich people. People
who are poor often live on marginal lands, they
don’t have any savings or insurance and they
are in poor health. These factors make them
CHAPTER 2 Key Concepts in DRM People’s capacity can also be classified
in the same categories as was done with
vulnerabilities in the previous section.
People whose houses or crops have been
destroyed by an earthquake or flood can
recover things from their homes and
2.5.3 Attitudinal vulnerability from their farms that can be recycled.
People who have low confidence in their ability Sometimes they have food in storage or
to affect change or who have “lost heart” and crops that can be recovered from the
feel defeated by events they cannot control are fields. Some family members have skills
harder hit by disasters than those who have a which enable them to find employment if
sense of their ability to bring the change they they migrate, either temporarily or
desire. Thus, the third area of vulnerability is permanently.
the attitudinal and motivational aspect.
In most disasters, people suffer
2.6 Capacity greatest losses in the physical and
material realm. However, even when
The combination of all the strengths, attributes and everything physical is destroyed,
resources available within a community, society or people still have their skills and
organisation that can be used to achieve agreed knowledge, they have family and
goals.
community organisation, they have
leaders and systems for making
Capacities are the assets, resources and decisions, they have tribal loyalties or
skills available within a community, society or religious affiliations and they have
organisation that can be used to reduce the capacities in the social and
risks or effects of a disaster. Capacity may organisational realm. These are
include physical, institutional, social or important capacities and form the
economic means as well as skilled personnel basis for development just as much as
or collective attributes such as leadership the physical resources that people
and management. Capacities enable have.
households and communities to cope with,
withstand, prepare for, prevent, mitigate, or
quickly recover from a disaster.

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CHAPTER 2 Key Concepts in DRM

Disaster risk is the chance of
likelihood of suffering harm and
loss as a result of a hazardous
event. It closely depends upon the
exposure of something to a
hazard. This can be expressed as:
2.7 Disaster risk Risk = Chance (C) x Loss (L)
The potential disaster losses, in lives, health status, livelihoods,

The output of risk analysis is
assets and services, which could occur to a particular community
usually an estimation of the risk
or a society over some specified future time period. The definition
of disaster risk reflects the concept of disasters as the outcome of scenarios.
continuously present conditions of risk. Disaster risk comprises
different types of potential losses which are often difficult to 2.8 Elements at risk
quantify. Nevertheless, with knowledge of the prevailing hazards
and the patterns of population and socioeconomic development,
disaster risks can be assessed and mapped, in broad terms at
least.
equipment, crops, livestock, etc.) are
described as “elements at risk”. In
many cases, the natural environment
A societal element is said to be ‘at risk’ when it is
is also an element at risk.
exposed to hazards and is likely to be adversely
affected by the impact of those hazards when they
2.9 Disaster risk assessment
occur. People (their lives and health), households and
community structures, facilities and services (houses,
access roads, bridges, schools, hospitals, etc.), A methodology to determine the nature and
livelihood and economic activities (jobs, extent of risk by analysing potential hazards
and evaluating existing conditions of
vulnerability that together could potentially
harm exposed people, property, services,
livelihoods and the environment on which they
depend. Risk assessments (and associated
risk mapping) include, a review of the
technical characteristics of hazards (location,
intensity, frequency and probability), the
analysis of exposure and vulnerability
(physical, social, health, economic and
environmental dimensions) and the evaluation
of the effectiveness of prevailing and
alternative coping capacities in respect to
likely 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 identified. The
result of the disaster risk
assessment is a ranking of the
disaster risks of the community as
basis of planning for risk reduction.
2.10 Disaster risk reduction and disaster adopted in 2005, under which the
risk management expected outcome is:
Disaster risk reduction is the concept and practice of “The substantial reduction of
reducing disaster risks through systematic efforts to disaster losses, in lives and
analyse and manage the causal factors of disasters the social, economic and
through reduced exposure to hazards, lessened environmental assets of
vulnerability of people and property, wise management of communities and countries”.
land and the environment and improved preparedness for
adverse events. The systematic process of using
administrative directives,
A comprehensive approach to reduce disaster
organisations and operational skills
risks is set out in the United Nations endorsed
and capacities to implement
Hyogo Framework for Action,
strategies, policies and improved
coping capacities to lessen the
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, O
N
I
T
A
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
grants, long-term medical care and counselling. E
V
O
C E
R
E S
R 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
2.11 Risk management
The systematic approach and practice of managing

uncertainty to minimise potential harm and loss.
2.13 Disaster risk reduction plan
Risk management comprises risk assessment and
analysis, and the implementation of strategies and
A document prepared by an authority,
specific actions to control, reduce and transfer
sector, organisation or enterprise that sets
risks. It is widely practiced by organisations to
out goals and specific objectives for
minimise risk in investment decisions and to
reducing disaster risks together with
address operational risks such as those of business
related actions to accomplish these
disruption, production failure, environmental
objectives.
damage, social impacts and damage from fire and
natural hazards. Risk management is a core issue
for sectors such as water supply, energy and 2.14 Disaster management
agriculture, where production is directly affected Disaster management is a
by extremes of weather and climate. collective term encompassing all
aspects of planning for and
2.12 Risk transfer responding to disasters, including
The process of formally or informally shifting the both pre and post disaster
financial consequences of particular risks from one activities. It refers to the
party to another, whereby, a household, community, management of both the risks and
enterprise or state authority will obtain resources the consequences of disasters.
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, multilateral banks and other
large risk-bearing entities establish mechanisms to Disaster management comprises of
help cope with losses in major events. Such a broad range of activities
mechanisms include insurance and re-insurance designed to:
contracts, catastrophe bonds, contingent credit ¾ Prevent the loss of lives
facilities and reserve funds, where the costs are
covered by premiums, investor contributions, interest ¾ Minimise human suffering
rates and past savings, respectively.
¾ Inform the public and
authorities of risk
¾ Minimise property damage
and economic loss
¾ Speed up the recovery
process
2.15 Emergency management 2.18 Disaster preparedness

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

1
a change in the average weather that

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

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,
restoration of its essential basic structures

and functions.
Resilience means the ability to “resile from” or

“spring back from” a shock. The resilience of a
community, with respect to potential hazard
events, is determined by the degree to which the
community has the necessary resources and is
capable of organising itself both prior to and
during times of need.
2.26 Land-use planning

The process undertaken by local government
authorities to identify, evaluate and decide on
different options for the use of land, including
consideration of long term economic, social
and environmental objectives and the
implications for different communities and
interest groups and the subsequent
formulation and promulgation of plans that
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)
prosperity and well-being. Furthermore, the

handbook outlines the sphere of influence
that local governments can reach out to
increase awareness. The biggest challenge
globally is to scale up, and make real
changes at local level based on needs of the
most vulnerable groups. DRR is relevant for
community development issues of livelihood,
water, sanitation and hygiene, health,
education and ecosystem protection.
2.28 Local governance

Local governance is governing at the local
level viewed broadly to include not only the
machinery of government, but also the
community at large and its interaction with
local authorities.

1
CHAPTER 3 Disaster Risk Situation in Pakistan and KHYBER PAKHTUNKHW
Pakistan has been at risk to various types of plates. This vulnerability was proven
natural disasters of which cyclones, floods, on October 8th 2005, when a major
landslides, earthquakes and drought are most earthquake measuring 7.6 on the
common. The country is one of the most flood Richter scale hit 9 Districts in
prone countries in South Asia. During its history, Khyber Pakhtunkha and Azad Jammu
the floods of 1950, 1992 and 1998 resulted in a and Kashmir, killing over 73000
large number of deaths and severe loss of people and damaging about 450000
property valued at an estimated $1.3 billion. houses. Pakistan is impacted by both
Pakistan is also located in a seismically active human induced and natural
zone on account of its proximity to the Indo- disasters. The types of disasters that
Australian and Eurasian 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 glacial lake outbursts and river
problem posed by disasters. However, some erosions threaten Pakistan. In
experts believe that the true financial cost of addition, a variety of human induced
disasters over the past 50 years comes close hazards also threaten the society,
to $50 billion. economy and environment in the
country. They include industrial,
The October 2005 earthquake highlighted the nuclear and transport accidents, oil
risk exposure and vulnerability of Pakistan. The spills, urban fires, civil conflicts,
decision makers, politicians, media, sectarian violence and terrorism.
development workers, international donors and
the general populace became aware for the first During the last two decades, 2655
time of the major catastrophic risks facing sectarian violence incidents
Pakistan. Pakistan’s exposure to natural hazards occurred, killing more than 4000 and
and disasters could be ranked between injuring more than 8000 people. The
moderate to severe. A range of natural hazards anticipated economic cost of
including earthquakes, droughts, floods, terrorism is over $70 billion during
landslides, avalanches, cyclones, tsunamis, the last two decades. The country
sustained over $7 billion worth of
economic losses in two earthquakes of 2005 school
and 2008. 80000 people, including 18000

1
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
where a major plate boundary
and Nepal lie is continuously moving northward,
earthquake was considered long
colliding with and sub ducting under the Eurasian
overdue. Although, the earthquake
plate, thus forming the Himalayan Mountains and
resulted in widespread devastation,
triggering earthquakes in the process. The following
yet the scientists believed that it may
areas are located within high hazard and very high
not have released more than one tenth
hazard risk areas:
of the cumulative elastic energy that
has developed since the previous great
Suleiman, Hindu Kush and Karakuram mountain ranges in the Northern Areas
earthquake in the region in 1555 or
and District Chitral in Khyber Pakhtunkhwa. Muzaffarabad, Quetta, Chaman,
earlier. The seismologists are also
Sibi, Zhob, Khuzdar and Dalbandin.
concerned about the absence of
earthquakes in Baluchistan in the
Makran coast including Gawadar and Pasni in Balochistan. The cities
recent history, which may mean the
of Islamabad, Karachi and Peshawar are located on the edges of the occurrence of major seismic activities
high hazard areas. in future.
The areas comprising Pakistan have suffered five major 3.2 Droughts
earthquakes in the 20th century including the great The incidence of drought in Pakistan is
Quetta earthquake of 1935, the 1945 earthquake off the becoming increasingly common with
coast of Makran, the 1976 earthquake in Northern substantial consequences on food
Areas, the October 2005 Kashmir earthquake and security, livestock production,
Baluchistan earthquake in 2008. In between these environment and natural resources.
major events, the Northern Areas and Kashmir have Low rainfall and extreme variations in
experienced many small quakes with localised impact. temperature characterise the climate
in Pakistan. About 60 percent of the
The 7.6 Richter scale Kashmir earthquake of October total land
2005 occurred in a region
area in country is classified as arid, which Most of the flooding occurs in late
receives less than 200 mm annual rainfall. summer during the monsoon season
The main arid rangelands include Cholistan, but flooding also happens as the result
Dera Ghazi Khan, Dera Ismail Khan, Kohistan, of glacial lakes breaking caused by
Tharparkar and Western Baluchistan. The high summer temperatures. In 2007,
average annual precipitation in Baluchistan monsoon rain induced flooding,
and Sindh provinces is about 160 mm as damaged the rice crop in Sindh and
compared with 400 mm in Punjab province Baluchistan provinces, and reduced
and about 630 mm in Khyber Pakhtunkhwa production by as much as 200
province. Within Baluchistan, the average thousand tons, which equals
precipitation varies from less than 50 mm in approximately 3.5 percent of the crop.
the Southwest to about 400 mm in the Since rice is a high value crop, the loss
Northeast. will have a significant impact on the
farm value added in the agriculture
In general, per capita water availability is sector and will lead to a reduction in
declining in Pakistan over time due to the export earnings.
combined impact of rising population, 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 3.4 Landslides
The regions of Kashmir, Gilgit
dam construction with a total storage capacity
Baltistan and parts of the Khyber
of 35.66 MAF.
Pakhtunkhwa province are vulnerable
to landslide hazard. Aside from the
3.3 Floods young geology and the fragile soil type
Pakistan is one of the most flood prone countries
of the mountain ranges, accelerated
in South Asia. River related floods are the most
deforestation is a major cause behind
severe in Punjab and Sindh provinces, while, hill
increased incidences of the landslides
torrents that are common in hilly terrain tend to
in the region. In the aftermath of the
affect Khyber Pakhtunkhwa, Baluchistan and
2005 earthquake, the steep mountains
Gilgit Baltistan. There has been a number of
in Kashmir and Khyber Pakhtunkhwa
floods in Pakistan that caused a significant
came down tumbling. The landslides
amount of damage, particularly during 1950, isolated villages and cities. In some
1992 and 1998 resulting in a large number of cases, wide sections of the mountain,
deaths and a severe loss of property. The super more than a kilometer in width, slid
flood of 2010 resulted in displacement of over into the valleys below. Small scale
20 million people, loss of 2000 human lives and isolated landslide hazards happen
a financial implication worth US$ 10 billion. frequently in the above regions, which
Pakistan sufferd a cumulative financial loss of cause significant damages and losses
US$ 30 billion during the past 60 years. at the local level. Recent land sliding
activity in Attaabad (4th January 2010)
caused heavy damages to lives and
properties. Due to this geological
Building resilience by learning movement, the financial loss which the
The Disaster Risk Management Handbook 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
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
to landslides: Bagh, Bhimber, Neelum and occurred in less than one year (2007-
Muzaffarabad in Azad Jammu and Kashmir. Astore, 2008) in parts of Gojal Tehsil in
Diamer, Gilgit and Ghanche in Gilgit Baltistan Hunza River Basin which posed a
Province. Kaghan, Naran and Chitral in Khyber great risk to the downstream
Pakhtunkhwa province. communities. Similarly, the Shingo
Basin, Astor areas south of Gilgit,
Experts say that the incidents of landslides can and the Jhelum valley are also
increase in future, since the forestation cover is vulnerable to the GLOF disaster.
shrinking by 3.1% and woody biomass by 5%
annually (7000 to 9000 ha taken away annually). 3.6 Avalanches and glacier surge
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

this year. Every year, avalanches in mountain areas are at risk from marine
region trigger and kill many people, damaging accidents. In Karachi, in August
million of losses to properties and livelihoods. 2003, the wreckage of Tasman
Spirit, a Greek ship, caused colossal
3.7 Industrial, nuclear and transport accidents environmental losses and health
Transport accidents are a common phenomenon hazards for the businesses, port
in Pakistan, particularly the railway system in workers and adjacent communities.
the country is notorious for frequent collisions. About 28000 tonnes of oil spilled
During the last two years, two air plane crashes around the harbor area, which
killed over 200 people and socioeconomic cost in affected marine life in a major way.
billions. Road accidents are common The residents reported headaches,
phenomenon and every day 20 to 30 people die nausea and respiratory problems in
due to road accidents. There is no standardised the weeks following the accident. It
system in place for operation of public transport, took months for the authorities to
resultantly, non-road worthy vehicles continue to clear the oil affected areas.
run on roads for public transportation.
3.8 Urban fires
All the major cities of Pakistan are
The growing industrialisation particularly within
experiencing everyday fire. During the
urban settlements in cities like Gujranwala,
current year, two major fire incidents
Faisalabad, Karachi, Lahore, Sialkot and
in Garment factories each in Karachi
elsewhere can be a source of major industrial
and Lahore perished over 600 people
disasters. In the recent past, over 600 people
and caused million dollars worth of
died due to two fire incidents in factories of economic loss. Two oil tankers
Karachi and Lahore. The neighboring India exploded as they were exiting an oil
suffered from Bhopal Gas leakage in 1985, in depot near the Benazir International
which 5000 people were killed and enormous Airport in Rawalpindi. Considering the
health hazards were experienced by citizens of pace of urbanisation, coupled with
Bhopal. Having installed various nuclear industrialisation, the chances of urban
facilities and nuclear power stations, Pakistan is fires cannot be ignored. The CNG gas
also exposed to high risks of nuclear accidents. stations are installed in all urban
The Chernobyl disaster in Russia and radiation areas, whereas, LPG is being sold in
disaster in Japan serve as reminders in this small shops and stores for household
regard. use. In small cities and towns, the sale
of petroleum products, at small shops
Pakistan now has two ports in Karachi and located within residential areas, is also
Gawadar along the coast of Makran. These common. These practices combined
with mass culture of smoking
cigarettes could pose a major fire risk.
The fire services in urban centers,
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 mass scale refugee invasion has
decades. About 2 million Afghan refugees damaged the social fabric of
still live in various parts of Pakistan. This Pakistan.

2
3.10 Climate change and variability for the last 30 years. Experts
As per observations of WWF Pakistan, global believe that the flow of water in
warming is causing damage to Pakistan’s rivers increased during the
environment. Among the impacts felt and seen are decade of 1990-2000 in
biodiversity loss, shifts in weather patterns and comparison to 1975-1990, which
changes in fresh water supply. A study carried out by means melting of more ice
GIZ (former GTZ) for WAPDA to analyse trends in upstream.
temperature and precipitation in the Northern Areas Researches also indicate that
for the last century (Archer, 2001) found that some of the glaciers in Pakistan
seasonal and annual temperatures have raised than have retreated significantly in the
the last century at Skardu. recent past. Scientists believe this
Mean annual temperature has increased by 1.4° C with to be an indicator of climate
the mean annual daily maximum rising more than 2.35° change, resulting in more snow
C. Temperature increase might cause an upward shift of melt. Changes in the climate
almost 400 meters in the frost line. It might impact denote that the incidence of flash
upon the snow and rain patterns and the availability of flooding and extreme flooding can
snow for melting during summer, which is a major increase during the next few
source of water in many rivers. Observations of the decades. Studies conducted by
World Glacier Monitoring Service based in Switzerland SDPI also indicate that with a
indicate that mountain glaciers in the Karakorum have doubling of CO2, average rainfall
been diminishing in South Asia would increase
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)
System in Pakistan
CHAPTER 4 Disaster Risk Management System in Pakistan
In the backdrop of October 2005 earthquake, and Hyogo Framework for Action
the Government of Pakistan realising the nature 2005-2015, National Disaster Risk
of close linkages between disasters and Management Framework was
development efforts promulgated the National developed. On the lapse of 2006
Disaster Risk Management Ordinance 2006. Ordinance, the Parliament enacted
Legal and institutional arrangements were made National Disaster Management Act
for comprehensive disaster risk reduction and in 2010. Comprehensive legal and
management. In order to address the institutional arrangements were
shortcomings and to be compliant with the made to deal with the compelling
International Strategy for Disaster Risk disasters in the country. National
Reduction (ISDR) 1999 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

2
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
Disaster management at different tiers of government
NDMA
Federal Ministries
• Communications • Industry and • Ports and
• Defense Production Shipping
• Education • Information and • Railways
Broadcasting
International • Environment • Science and Federal Public
Supporting
• Finance and • Interior Technology Companies and
Organisations
Revenue • Law, Justice and • Social Welfare Stakeholders
¾ UN Agencies
• Food and Human Rights and Special ¾ Airline Companies
¾IFRC Agriculture • Local Government Edcuation ¾Banks
¾ International and Rural • Tourism
• Foreign Affairs ¾Edhi Foundation
NGOs Development • Water and Power
• Health ¾Hospitals
• Petroleum and • Women
• Housing and Natural Resources Development ¾ Insurance Sector
Works
• Planning and • Youth Affairs
¾ Landline
Development Telecommunications
• Population Welfare Companies
¾Media
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
Building resilience by learning • Residents 2
The National Disaster Management Authority (NDMA) district level in view of specific
at the federal level is facilitating Provincial Disaster requirements of the local area
Management Authorities (PDMAs) and the District
4.1 Priority areas
Disaster Management Units (DDMUs). The relatively
The DRM system revolves around
new system (in case of Khyber Pakhtunkhwa and
the following 9 priority areas, which
DDMAs in rest of Pakistan) envisages achieving
are being implemented at the
sustainable social, economic and environmental
national, provincial, district and
development through reducing risks and vulnerabilities.
community levels:
Its mission is to enhance institutional capacities for
disaster preparedness, response and recovery with a ¾ Institutional and legal
risk reduction perspective in the development planning arrangements
process at all levels. In line with the vision, the National
¾ National hazard and
Disaster Risk Management Framework (NDRMF) has
identified the following guiding principles: vulnerability assessment
¾ Focus upon most vulnerable ¾ Training, education and

awareness
social groups, for example,
children, women, elderly, ¾ Promoting disaster risk
minorities management planning
¾ Promote community and local ¾ Community and local level risk
level preparedness culture reduction programming
¾ Follow multidisciplinary and ¾ Multi-hazard early warning
multisectoral approaches system
¾ Combine scientific knowledge ¾ Mainstreaming disaster risk
with social knowledge reduction into development
¾ Make development policy, ¾ Emergency response system
planning and implementation
¾ Capacity development for post
risk-sensitive
disaster recovery
¾ Develop culturally, economically
and environmentally relevant 4.2 Legal and institutional arrangements for DRM
technologies for safer In line with the provisions of NDM Act
construction in different parts of 2010, the Government of Pakistan has
the country approved and notified the following
DRM structure at the national,
¾ Promote sustainable livelihood
provincial and district levels:
practices in areas at high risk
from multiple hazards 4.2.1 National
¾ Establish and strengthen level
partnerships amongst multiple 4.2.1.1 Manageme
sectors, for example, National Disaster nt
government, private sector, Commission (NDMC):
Headed by the Prime Minister as
media, insurance, NGOs, civil
its
society organisations, UN and Chairperson, the NDMC is the
donors highest
¾ Work with other countries and and makin bod
international community to policy decision g y
for disaster risk management.
promote disaster risk reduction
Other
¾ Acquire specific capacities and includ oppositi leade
capabilities, keeping in view members e, on rs
hazard risk profile of the country of both the houses, Chief
Ministers
¾ Develop disaster risk of four provinces, Governor
management plans at Khyber
Pakhtunkhwa, Prime Minist Aza
er d Federal Ministers for
Jammu and Kashmir, Chief Minister Communications,
of Financ Affair
Gilgit Baltistan, Chairman Joint Defense, e, Foreign s,
Chiefs Interior, Social Welfare
of Staff Committee or his Health, and
nominee,

Special Education, Chairman NDMA, ¾ Lay down guidelines

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

2
reg
ard
¾ P
rovi
de
4.2.2.2 Provincial Disaster Management
nec
Authority (PDMA):
The PDMA is headed by a Director essa
General appointed by the Provincial ry
Government. Following are tech
the nica
powers and functions of PDMA: l
assi
¾ Subject to the provisions stan
of National Disaster ce
Management Act 2010, a or
Provincial Authority shall be give
responsible for advi
implementing policies and ce
making plans for disaster
to
management in the province
Dist
¾ Formulate the Provincial rict
DRM policy and obtain Aut
approval of the hori
PDMC ties
and
¾ Ensure implementation
Loc
of DRM policies and plans
al
in the Province
Aut
¾ Coordinate and monitor hori
the implementation of the ties
National Policy, National for
Plan and Provincial Plan carr
¾ Examine the vulnerability ying
of out
different parts of the Province thei
to different disasters and specify r
prevention or mitigation measures func
tion
¾ Lay down guidelines to s
be followed by Provincial
Departments and District
Authorities for preparation
of DRM plans
¾ Evaluate preparedness
and response
arrangements of public and
private agencies at the
provincial level
¾ Coordinate response in
an event of disaster
¾ Give directions to any
Provincial Department or
Authority regarding actions
to be taken in response to
disaster
¾ Promote general
education, awareness and
community training in this
Under section (20) of National
Disaster Management Act 2010,
District Disaster Management Unit
will exercise the following powers
and functions:
effectively
¾ Advise the Provincial Government ¾ Prepare a disaster
regarding all financial matters in relation to management plan
disaster management including district response
¾ Examine the construction in the area and if plan
it is of the opinion that the standards laid down ¾ Coordinate and
have not been followed, it may direct for following monitor the
the same to secure compliance of such standards; implementation of the
¾ Ensure that communication systems are in National Policy, Provincial
order and disaster management drills are being Policy, National Plan,
carried out regularly Provincial Plan and District
Plan
4.2.3 District level ¾ Ensure that the areas
in the district, vulnerable to
4.2.3.1 District Disaster Management Autority/Unit
(DDMA/DDMU): The Disaster Management Act put ample disasters, are identified,
emphasis on establishing DDMUs, notified by Provincial measures for the prevention
Government in the Official Gazette. DDMUs are headed by of disasters and mitigation
the local council at the district level (by whatever name of its effects are undertaken
called) who shall be Chairperson ex-officio, whereas by the departments of the
DCOs/DCs, District Police Officers (DPOs) ex-officio, EDOs Government at the district
(Health) and such other district level officers, to be
appointed by the District Government are its members.

me
cha
nis
m
of
level as well as by the local authorities ear
¾ Ensure that the guidelines ly
for prevention, mitigation, war
preparedness and response nin
measures, as laid down by gs
the National Authority and and
the Provincial Authority, are dis
followed by all departments
se
of the government at the
district level as well as by min
the local authorities in the atio
district n of
¾ Give directions to pro
different authorities at the per
district level and local info
authorities to take such rm
other measures for the atio
prevention or mitigation of n to
disasters as may be pub
necessary lic
¾ Lay down guidelines for ¾ P
preparation of disaster rep
management plans by the are
departments of the ,
government at the district revi
level and local authorities ew
in the district
and
• Monitor the implementation upd
of disaster management ate
plans dis
prepared by the departments of the
ast
government at the district level
er
¾ Lay down guidelines to lev
be followed by the el
departments of the res
government at the district pon
level
se
¾ Organise and co-ordinate pla
specialised training ns
programmes for different and
levels of officers, gui
employees and voluntary
deli
rescue workers in the
nes
district
¾ C
¾ Facilitate community
training and awareness oor
programmes for prevention din
of disaster or mitigation, ate
with the support of local wit
authorities, government h
and non-government and
organisations giv
¾ Set up, maintain, review e
and upgrade the gui
delines to local authorities
in the district to
ensure that pre-disaster and

post-disaster management
activities in the district are
being carried out promptly
and effectively
• Review development
plans prepared by the
departments of the
government at the district
level, statutory authorities or
local authorities with a review
to make necessary provision
therein for prevention of
disaster and mitigation
• Identify buildings and
places which could in the
event of disaster situation
be used as relief centers or
camps and to workout how
arrangements for water
supply and sanitation in
such buildings or places
would be made
• Establish stockpiles of
relief and rescue materials
or ensure preparedness to
make such materials
available at a short notice
• Provide information to the
Provincial Authority
relating to the different
aspects of disaster
management
• Encourage the involvement
of non-government
organisations and
volunteer social welfare
institutions working at the
grassroot level in the
district for disaster
management
• Ensure communication to be
in order and disaster
management drills are to be
carried out periodically
• Perform such other
functions as the Provincial
Government or Provincial
Authority may assign to it
or as it deems necessary
for disaster management in
the district
understand risk at the local level and put at risk or
vulnerable people and their perspectives as a central
part of building resilience.
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 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 trained for
disaster risk management
ii. Ensure that resources relating
to disaster management are so
maintained as to be readily
available for use in an event of
any threatening disaster
situation or disaster
iii. Ensure that all construction
projects, under it or within its
jurisdiction, conform to the
standards and specifications laid
down for prevention of disasters
and mitigation by the National
Authority, Provincial Authority
and the District Authority
iv. Carry out relief, rehabilitation
and reconstruction activities in
the affected area, in
accordance with the Provincial
Plan and the District Plan
The key part of Disaster Risk Reduction shift is understanding

integrated systems and working with them across multiple scales.
DRM efforts require taking systematic approach, thinking
holistically about governance, livelihoods, hazards , stresses and
emerging threats, working from the local upwards to national,
regional and international levels. It also requires different
timescales to be recognised, considering past activities (including
traditional knowledge) and future projections for climate and
society. It requires thinking and working both vertically and
horizontally across socio-ecological perspective.
At risk or vulnerable people need to understand, manage and

monitor risk related to the security and wellbeing of their lives,
livelihoods and assets on daily basis. Therefore, it is important to
essential that the local authorities
mobilise support from various civil
society institutions and involve
larger communities.
v. The Local Authority may take such The Local Authorities can play the role
other measures as may be necessary of a facilitator, enabler and resource
for disaster management provider in order to promote
community level risk reduction and
An effective emergency response by the preparedness. There are four key
local authorities can play an important role services that are required by the
in saving lives in the aftermath of a disaster. vulnerable communities for disaster
On the other hand, lack of capacities at the preparedness. They include:
local level for disaster response contribute
to huge loss of life and property.
However, the Local Authorities alone may

not be able to achieve greater success in
disaster reduction, preparedness and
response without the active involvement
and participation of the vulnerable
communities. Because effective disasters
risk reduction requires action by all
vulnerable individuals, families,
communities and organisations. The
technical, human and financial resources of
the Local Authorities are very limited, which
may not be sufficient to implement disaster
risk reduction activities amongst all
vulnerable communities. Therefore, it is

3
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
preparedness. ma
reduction and They y 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
adap measures mitigat
do not always t to e
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
th Authoritie
Therefore, e Local s 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
In many cases, such as Mansehra,
Each slope needs to treat as per its suitability to poor
people and families are hindered by the
live in harmony with nature’s law for it stability. lack
actio
of financial resources to undertake ns
on disaster risk reduction and
preparedness.
Poor families are unable to access the
5.2 Information on risks, vulnerabilities and existing
loan facilities offered by banks due to
preparedness actions lack of
In many cases, it is the lack of collateral. Therefore, they may not be
information able to
hazards relat vulnerabilit construct a disaster resistant house or
on , ed risks, ies find
an alternative source of livelihood that is
and the preparedness actions by the local less
communities that serves as a hindrance
in vulnerable to droughts or floods.
community action. This is particularly
true in
internally displaced
the case of communities A community group might not be able to
in urban centers and in post-conflict construct a rainwater-harvesting pond
situations. due
importa nee suc communiti provisi
An nt d of h es to lack of funds. Therefore, the on
resourc form
is to receive such information. The local of financial es, in the of
authorities should establis arrangeme micro-credits and small grants, essenti
h nts is al
enable families communi grou
to inform the communities in relation to to and ty ps
hazards, vulnerabilities, risks, capacities in implementing disaster risk reduction
and and
preparedness preparedness activities. Keeping in view
actions. the
grant
importance of provision of small s
The local authorities can establish and other funding facilities for
community disaster
and local level information centers to reduction, ERTs and CBOs in Mansehra
provide get
existin registered with Social Welfare
such information. Theg cultural Department
and social institutions can be used for to enable them to get 25% share in the
this 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, projects. Arrangement with MCs should
newspaper, be in
volunteers network, exhibitions and progress to identify all hazard prone area
rallies to and
ensure they reach the at-risk
communities and no No-objection Certificate (NOC) should
grante the people for
groups. be dto construction

of buildings unless approved. Incentives • Conduct local and community

which are proposed to be provided to people level risk, vulnerability and
constructing their homes in safer places, capacity assessment
included exemption from local taxation and
• Document local coping
free insurance against disaster risk. Political
authorities as well as NGOs should discourage mechanisms and expertise using
habitation in disaster prone areas. indigenous knowledge
• Develop local disaster
5.4 Technical assistance preparedness and contingency
This is another very important service that is
plans
essential for the vulnerable communities.
People living in areas like Mansehra lack • Facilitate and train community
technical expertise and capabilities to for disaster preparedness
implement activities on hazard mitigation, planning
vulnerability reduction or even to conduct a
risk assessment. For example, a community • Design local and community
may not have the trained masons who know level Early Warning Mechanism
how to construct earthquake safe houses or (EWM) including dissemination
they may not have the technical knowledge on system and training of
earthquake hazard assessment or on drought community on EWM
and flood resistant crops. The community also • Enhance capacity of community
lacks behind in skills and knowledge required volunteers and groups, for
for emergency response. Lack of such example, training on search and
technical expertise may hinder the rescue, extrication of the trapped
communities from undertaking disaster risk
from buildings, first aid, fire
reduction initiatives. These services are
fighting, swimming, evacuation
needed from external sources e.g. NGOs, local
drills and risk assessment, etc.
governments, universities or research
centers. • Regularly updating disaster
preparedness and mitigation
In Mansehra: plans
The community members were provided with hands on skills of
• Provide resources to community
hazard, vulnerability, risk and capacity assessment tools in first aid,
volunteers and groups, for
rescue, fire fighting, evacuation, planning, organisation
example, medicine kits, rescue
management and leadership training. They were also equipped with
equipment, survival kits, warning
basic emergency response kits and made to participate in drills and
equipment, firefighting
simulation exercises. Professional search and rescue team
equipment, evacuation equipment
consisting of 30 members was established, trained and equipped
(boats, transport), etc.
appropriately.
• Ensure safe storage of essential
Within the above broader framework, the items near hazard prone
Local Authorities can play a pivotal role in locations, for example, food,
facilitating community action through medicine, rescue equipment,
following interventions and initiatives: earth moving machinery, etc.
• Establish policies as per the local • Setup temporary shelters at safe

needs and develop hazards locations to host affected people
profiling of the local area • Formulate local level emergency
response teams comprising of
• Identify and prioritise most
community members and local
vulnerable communities in their
officials
respective jurisdiction
• Line-up damage assessment and
relief distribution teams
Building resilience by learning • Coordinate networking among
The Disaster Risk Management Handbook
all stakeholders
community development. This is
In recent years, local self governance and good also considered as a key strategy for
governance have emerged as key concepts to
form the basis of political system. Disaster risk
management is a necessary part of local and
34
poverty alleviation. Disaster disrupts local zoning, construction code and

infrastructures as well as local economy, however, standards, town planning,
disasters can actually become “vehicle for change” building regulation and safety
towards sustainable and participatory development. The standards, implementation and
role of Local Authorities is most important in promoting monitoring of safety standards
a participatory disaster resilient development. They can and regulation. MC is the focal
do this by creating and enabling an environment that institution at the core of
feeds on community action. community interaction and no
action will be sustainable and
ERTs in the form of CBOs were registered in Mansehra making them entitled workable without this community
for 25% local government development funding to be used for micro-level
centred institution.
common mitigation projects of DRR and similarly for social guarantee based
loans from banks on social collateral arrangements. Harvest loaning against
Restoration of civic services,
crops was also facilitated through Agriculture Development Bank. This
provision of safe location, water
arrangement provided many people access to financial and credit facilities.
and sanitation services, relief
camp management, safety of the
Under the legal and administrative arrangement, properties and lives of the people
section (25) of National Disaster Management Act lie with MCs administration. In
2010 of Pakistan, it is the responsibility of local case of emergencies, the essential
authority to take all other measures (in addition to services and critical infrastructure
sub section 1, a, b, c and d) as may be necessary for are adversely affected. If the MC
disaster management. has the essential information and
profile of the community, it will be
Section (20) of National Disaster Management Act easier to plan and deliver
2010, empower district authority to take all necessary emergency services.
measures for disaster risk reduction and management
in the district with support of local government Similarly, MCs have an important
institutions. role in organising emergency
response, relief, damage and loss
5.5 Roles and responsibilities of local authorities assessment, recovery and needs
Institutions at this level are the frontline of disaster risk assessment. These Local
reduction and response. For many departments, this is Authorities can lead the risk
the lowest level of administration where they interface reduction and response operations
directly with communities for all civic and municipality under the command of Chief
services. MC is responsible for water and sanitation as Municipal Officers in consultation
well as sewerage services. MC also issues NOC to the with the DDMUs. Appropriate
community for construction of houses and other local structures need to be
structures in its jurisdiction. It is the responsibility of established for risk reduction and
MC to carry out hazard and vulnerability assessment in preparedness. The prime
collaboration with scientific institutions and the responsibility for handling
community to develop land utilisation plan, design and disasters vests with the local
develop building code, land government. Immediate response,
normally activated by the
emergency service providers
according to its contingency plan.
If the local government cannot
cope with the situation through its
35 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 disaster
management programme,
ensuring:
• Prevention
• Development
• Mitigation
• Preparedness
• Response
• Rehabilitation and reconstruction The Disaster Risk Management Handbook
If a disaster occurs at the local level, the

Ms. Shabana, Sungi Development Foundation:
prime responsibility for handling the disaster
“During the super flood in Mansehra, the way
is vested with the Local Authority. Saving lives
early warning was disseminated and actions taken
through search and rescue services,
by TMA Balakot for evacuation of community from
responding to fire, preventing an escalation of the pre-identified flood prone areas, mobilisation
the emergencies, relieving sufferings by of volunteers, NGOs and government agenices
fulfilling the basic needs, protecting property were organised in such a way that I have never
and facilitating subsequent recovery from the seen in my 20 years of professional life.
emergency. Motivation, mobilisation and coordination among
all the partners was commendable, which was
It is thus the prime responsibility of the Local essential to face disaster of such magnitude. I
Authority to have a contingency plan to deal worked day and night with volunteers and felt
with any incident such as an emergency. As a proud to evacuate hundreds of people to safer
matter of rule, disaster management should be places. The role played by local NGOs and the
included in municipality’s integrated coordination facilitated by DDMU during the 2010
development plan. Local disaster management massive disaster is a practical form of DRM.
should also be multidisciplinary, transparent and
inclusive, and it must aim at reducing
vulnerability. While being inclusive, disaster
• Land use management planning
management has to be taken seriously by
and safe built environment
government departments and it is important for
each department involved in disaster • Land use zoning determining
management to assume ownership of its residential, commercial,
delegated responsibilities. educational, recreation and
conservation areas
Legally and administratively, the role of
• Fire fighting and rescue services
Municipal Administration has been defined
and determined in National Disaster to affected communities
Management Act, National Disaster Risk • Issuing and dissemination of
Management Framework and Khyber early warning to people in
Pakhtunkhwa Local Government Act 2012. hazard zones
The mandate of MC in context of disaster risk • Evacuation of and camp

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

society. They serve as economic engines, Article 140-A of the Constitution of the Islamic
centers of technological innovation and Republic of Pakistan provides for establishment of
function as living examples of our cultural a Local Government System and to devolve
political, administrative and financial
demographics. Unplanned activities within
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
the cities also generate new risks, which need
important as it allows direct
to be addressed by MCs. Particularly at risk is
participation of general public. It
the increasing number of informal settlements
is this administrative tier which is
without following any regulations and safety
directly responsible for the
measure. MCs are vital organs of campaign to
upkeep of the cities and towns.
engage and convince local governments to be
committed to a checklist of minimum safety
standards in provision of civic services and The modern day study of risk
work on them with local organisations, relates closely with:
grassroots networks, private sector and 1. Understanding, investigating
national authorities for making the cities and quantifying social and natural
more resilient to disasters.
aspects of 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
5.6 Role of local councils under Khyber Pakhtunkhwa
responsibility. As a matter of fact,
Local Government Act 2012
DRM as an activity of all spheres of
The 18th Constitutional Amendment requires
government, relates to an
that Pakistan’s four provinces “establish a local
integrated, multi-sectoral and multi-
government system and devolve political,
disciplinary approach aimed at
financial and administrative authority to the reducing the risks associated with
elected representatives of the local hazards and vulnerability. It,
therefore, needs to become an
integral part of the development
planning process in order to be
Building resilience by learning effective and responsive.
For this reason, DRM plans form an implicit
part of the integrated development of each and
every municipal committee and union council.
However, legislation placing it at the 38
39
forefront of the local government paradigm shift for a

more proactive approach is required, which is presently
based on reactive approach.
The newly introduced “Khyber Pakhtunkhwa Local

Government Act 2012” does not explicitly addresses
DRM in their function within the administration of
the local authority. However, it has been covered
indirectly or sporadically as follows.
Per-subsection (C) “I” & “II” of section 80 of the

Local Government Act 2012, this is the function of
the Union Council to:
• Provide relief measures in the
event of any fire, flood,
hailstorm, earthquake or other
natural calamity and assisting
relevant authorities in relief
activities
• Provide relief for the widows,
orphans, poor and persons in
distress
Similarly, per sections 99, 100 and 101 of the Local

Government Act 2012, following is the compulsory
functions of the Municipal Committee.
5.6.1 Fire Fighting

1. For the prevention and
extinction of fire, a Municipal
Committee shall maintain a fire
brigade consisting of such staff
and such number of fire stations
and such implements,
machinery, equipment and
means of communicating
intelligence as may be
prescribed
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.
2. On the occurrence of the fire within a Municipality any
Magistrate, any official of a fire brigade directing the 4. A Municipal Committee shall
operations, and any police officer not below the rank of prepare a fire fighting plan and
Sub-Inspector, may revise it at least once a year
a. Remove or order the removal of any person who by 5.6.2 Civil Defense
his presence interferes or impedes the operations A Municipal Committee shall be
for extinguishing the fire or saving life and property responsible for the Civil Defense
b. Close any street or passage in or near which any fire of the Municipality, and it shall, in
is burning this behalf, perform such
functions as may be specified by
c. For the purpose of extinguishing the fire, break into the Government.
or through, or pull down, or cause to be broken into
or through, or pulled down, or use for the passage of 5.6.3 Floods
houses or other appliance any premises For the fighting of floods, rescuing
d. Cause mains and pipes to be shut off so as to give of people from the flood affected
greater pressure of water in or near the place where areas and affording relief to flood
the fire has occurred stricken people, a Municipal
Committee shall provide such
e. Call on the persons in-charge of any fire engine to
render such assistance as may be possible
f. Generally take such measures as may appear
necessary for the preservation of life and property Building resilience by learning
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
Similarly section 79 (fourth schedule) of the

Khyber Pakhtunkhwa Local Government Act
2012, is regarding the model structure of the
future local councils offices, which
recommends that functions and
responsibilities pertaining to relief measures
in the event of any fire, flood, hailstorm,
earthquake, famine and other natural
calamities would be under the coordination
office of the District Council.
The NDMA 2010, NDRM Framework Pakistan

and HFA Commitment 2005-2015 clearly
emphasise on the importance of disaster risk
management at local level. A local area might be
exposed to a number of disaster risks. It will be
necessary to understand the area specific social
and natural phenomenon of hazards and
accelerating factors of vulnerabilities which lead
to disasters. A range of social groups may exist
in a district, municipality or commune. The
vulnerability of different groups may differ from
each other. It is important for local authorities to
understand the reasons for vulnerability of
different groups. The communities, local
authorities and civil society groups may have
multiple resources and capacities to deal with
disasters, such as, indigenous knowledge,
policies, disaster reduction programmes,
technical equipment and social networks.
management will occur. The local
sphere of government must
therefore ensure that DRR should
be integrated into the functional
strategies, policies, programmes
and projects find embodiment at
community level. This is done
through the development and
implementation of standing plans,
local policies, procedures and
rules.
The integrated development plan

is the 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.
Local authorities must identify the challenges Each union council and municipal
faced and lessons learnt from past experiences of committee has a different disaster
responding to disasters. Without application of risk profile and therefore, faces a
disaster risk management measures at local level, variety of threats of different
the objectives of national and global risk magnitude. Most of the municipal
reduction agenda could not be achieved. committees and union councils
are still
The most important organ of the government
for the effective implementation of disaster
management is local government structure.
Local government is where most of the
operational activities relating to disaster risk 40
coordination and response to

Local level Disaster Risk Managmnet is a process in which local government disasters. Similarly, each union
institutions are actively engaged and work with “at risk” communities in the council may establish Union
identification, analysis, treatment, monitoring, evaluation and planning of Council Disaster Management
disaster risks to reduce the vulnerabilities and enhance capacities of multi- Unit (UCDMU) supported by
statekeholders for a collective disaster resiliency at all levels. The concept of Union Council Disaster
people centered disaster management approach is only implemented through Management Center (UCDMC)
local government system with the active participation and involvement of the and Inter-Union Council Disaster
the most vulnerable groups in decision and policy making. Unless the disaster Management Coordination
risk management efforts are sustainable at individual and community level, it Committee (ICDMCC) for
would be diffiicult to reduce the vulnerability and losses. It is, therefore, comprehensive and integrated
important to involve people in decision making on policies and strategies that disaster risk reduction at all union
should be followed for their development within the community. council levels.
Another important area in local

focussing on a reactive approach towards disaster and government system is the Local
risk. This is due to the lack of awareness, resources, Area Development Authority
political will and lack of institutional arrangement. (LADA). It is proposed to integrate
Local government is the sphere that bears the brunt of their role in disaster risk
a disaster or impending disaster, besides the fact that it management. LADAs could
will also be the first to respond. It, therefore, goes establish two units, Inter-
without saying that the operationalisation of disaster Departmental Disaster
risk management on a local government level is Management Committee (IDMC)
imperative for successful disaster risk reduction and and Local Area Disaster
management. Management Framework
(LADMF) to ensure that each
Local councils should ensure disaster risk sphere of local government unit is
management structure of the Municipal Corporation adapting DRR in its area for
for the city of Peshawar, municipal committee for integrated development planning.
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
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 Some of the recommendations

reduction and climate change adaptation in mentioned below could be
Khyber Pakhtunkhwa Local Government Act considered for effective disaster
2012, to reach the poor and high risk risk reduction at a different
communities by reducing emerging threats sphere of local government
and building disaster resilient communities. system:
• Provincial local government
structure must aim to provide
more support to union council,
municipal committee and
42
change
and
adaptatio
n into the
developm
district council in terms of emphasising the ent and
importance of local level application of disaster risk disaster
reduction. This may be achieved through ensuring risk
that disaster risk reduction becomes an integral part reduction
of the induction programme of all local level planning.
politicians.
• Lobbying at the ministerial and
secretarial level within the Local
Government Elections and Rural
Development Department as 43
well as the Provincial Disaster
Management Authority for an
amendment to the Provincial
Disaster Management Act 2012,
in line with clear and direct
guidelines on DRM for the local
government system at different
levels. This recommendation can
be seen as niche of the
Provincial Government of
Khyber Pakhtunkhwa towards
promoting disaster risk
reduction and management at
local level.
• Communicate and advocate for
the urgent consideration of the
placement of disaster risk
management function within the
office of the union council,
municipal committee and
district council. Empirical
learning indicates that inter-
agencies and inter-department
coordination is an important
aspect of effective disaster risk
management.
• Advocate that disaster risk
management becomes and is
perceived as a funded mandate
by the government for a certain
equitable percentage of budgets
for union council, municipal
committee and district council.
• Improve political will for disaster
risk management at local
government level through the
promotion of compulsory disaster
risk management trainings for
politicians who have a role in
overseeing the disaster risk
management function. This will
also facilitate better
understanding between politicians
and technocrats.
• Emphasise the importance of
incorporating issues of climate
implementation of disaster risk
management in their respective
jurisdiction.
• Advocate and facilitate the
• Advocacy at different tiers of local government for the creation of a centralised
information and standardised
inclusion of disaster risk management and climate
communication system between
change adaptation as a standing agenda point on all the disaster management
tiers of local government structure meetings. Such a authorities, various tiers of
direct focus will ensure continued attention and governance and at risk
support to disaster risk management and climate communities through induction of
change adaptation at the local level. volunteer network, as suggested
in the above structure.
• Provide robust guidelines and encourage trainings of
• Support local government to
local government on the inclusion of disaster risk
network with the non-
management plans and the integration of DRR issues
government sector, government
within the integrated development and all departmental
institutions as well as private
development programmes and projects. They need to
entities to facilitate the
be aligned with the disaster risk profile of their
development of DRM tools and
respective development jurisdiction.
methodologies through
• Facilitate and promote the development of a local engaging specialist consultants.
government disaster management training plan to be
rolled out in all local councils for their members and • Promote and aid the
officials in order to address the capacity gaps and development of a nationally
improvement areas, as identified in driven knowledge management
Mansehra. system for municipal disaster
risk
• Assist and encourage local government structure in
addressing their physical
resource needs and capacity building as means of
support towards effective
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.
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
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.
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
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
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
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
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
TEHSIL AND
TOWN MUNICIPAL
ADMINISTRATION
RULES OF
BUSINESS 2015
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
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
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
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
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
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
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
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
FR- (3/11/2015) 8
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
FR- (3/11/2015) 9
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
FR- (3/11/2015) 10
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;
FR- (3/11/2015) 11
(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,
FR- (3/11/2015) 12
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:
FR- (3/11/2015) 13
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
FR- (3/11/2015) 14
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
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.
FR- (3/11/2015) 15
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
FR- (3/11/2015) 16
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.
FR- (3/11/2015) 17
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:
FR- (3/11/2015) 18
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. ---
shall circulate instructions about the
manner of disposal of the business of the
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
FR- (3/11/2015) 19
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
Administration and shall be executed by
the Nazim or an officer duly authorized
by him for this purpose.
FR- (3/11/2015) 20
(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;
FR- (3/11/2015) 21
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.
shall 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.
FR- (3/11/2015) 22
(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.
FR- (3/11/2015) 23
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
FR- (3/11/2015) 24
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.
FR- (3/11/2015) 25
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;
FR- (3/11/2015) 26
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.
FR- (3/11/2015) 27
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.
(5) The Tehsil or Town Municipal Officer shall
keep the Nazim generally informed of all
matters affecting public order in the tehsil
and cases having major political implications.
FR- (3/11/2015) 28
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
FR- (3/11/2015) 29
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.
FR- (3/11/2015) 30
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
FR- (3/11/2015) 31
method of compilation of accounts or of the budget

estimates; or
g) interpretation of financial rules and bye-laws.
FR- (3/11/2015) 32
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
FR- (3/11/2015) 33
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
FR- (3/11/2015) 34
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.
FR- (3/11/2015) 35
(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
FR- (3/11/2015) 36
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,
FR- (3/11/2015) 37
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
FR- (3/11/2015) 38
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;
FR- (3/11/2015) 39
(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.
FR- (3/11/2015) 40
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.
shall circulate instructions about the
treatment and custody of official
documents and information of a
confidential character.
36. Channel of Correspondence. ---
FR- (3/11/2015) 41
(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
FR- (3/11/2015) 42
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
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
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

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

such as a physical copy (attested), an electronic copy or an opportunity to inspect

13Substituted vide Khyber Pakhtunkhwa Act No. XXIV of 2015

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

(a) result in the commission of an offence;

(b) harm detection, prevention, investigation, inquiry or prosecution in relation to

(c) reveal the identity of a confidential source of information in relation to an