ORDINANCE No.XIV OF 2001

TABLE OF CONTENTS

CHAPTER-I
PRELIMINARY

1. Short title, extent and commencement
2. Definitions
3. Ordinance to override other laws
4. Local governments to work within provincial framework

CHAPTER-Il
LOCAL AREAS AND LOCAL GOVERNMENTS

5. Composition of local areas
6. Delimitation of Unions
7. Delimitation of tehsils and districts
8. Creation of a City District
9. Setting up of town
10. Local areas under previous law to continue
11. Alteration of local areas
12. Local governments for local areas

CHAPTER-Ill
DISTRICT GOVERNMENT

13. Composition of District Government
14. Decentralized offices and grouping of offices
15. Entrustment of certain decentralized offices to Tehsil Municipal
16. Authority and responsibility of District Government
17. The Zilla Nazim
18. Functions and powers of the Zilla Nazim
19. Right of the Zilla Nazim to take part in Council’s meetings
20. Personal responsibility of Zilla Nazim
21. Resignation of Zilla Nazim
22. Vacancy in the office of Zilla Nazim
24. Recall of a Zilla Nazim
25. Setting aside the order of Zilla Nazim by Chief Executive of the Province
26. Structure of District Administration
27. Heads of offices and groups
28. District Coordination Officer
29. Functions and powers of Executive District Officer
30. District administration working
30A. Disciplinary powers of Nazims and Naib Nazims
30B. District Officer (Revenue) to act as Collector
31. Rules of Business for disposal of work
32. Assignment of work to Tehsil Municipal Administration
33. Disposal of Government’s work
34. Performance evaluation
35. Offices of the City District
36. Integrated management of services in City District

CHAPTER-IV
ZILLA COUNCIL

37. Composition of Zilla Council
38. Secretariat of the Council
39. Functions and powers of Zilla Council
40. Functions of Zilla Council in a City District
41. Zilla Council to approve certain plans for towns
42. Conduct of the business of Zilla Council
43. Address of Zilla Nazim
44. Joint Committee of Councils
45. Setting aside a resolution of Zilla Council by the Chief Executive of the Province
46. Resignation of Naib Zilla Nazim
47. No confidence motion against Naib Zilla Nazim
48. Power of Zilla Council to elect officiating Zilla Nazim

CHAPTER-V
TEHSIL AND TOWN MUNICIPAL ADMINISTRATION

49. Composition of Tehsil Municipal Administration
50. Town Municipal Administration
51. Provisions relating to Tehsil apply to towns
52. Entrustment of certain decentralized offices to Tehsil Municipal
53. Structure of the Tehsil Municipal Administration
54. Functions and powers of the Tehsil Municipal Administration
54-A. Functions and powers of the Town Municipal Administration
55. Fiscal transfers to Tehsil Municipal Administration
56. Tehsil Nazim
57. Functions of Tehsil Nazim
58. Tehsil Municipal Officer
58-A. Town Officer or Tehsil Officer
58-B. performance evaluation of officers of Tehsil
59. Personal responsibility of Tehsil Nazim
60. Resignation of Tehsil Nazim
61. Vacancy of the office of Tehsil Nazim
62. Omitted
63. Recall of a Tehsil Nazim
64. Setting aside an order of Tehsil Nazim
64-A. Setting aside the order of Tehsil Nazim by the

CHAPTER-VI
TEHSIL AND TOWN COUNCILS

65. Composition of Tehsil and Town Councils
66. Provisions of Tehsil Council apply to Town Council
67. Functions and powers of the Tehsil Council
67-A. Functions and powers of Town Council
68. Power to appoint officiating Tehsil Nazim
69. Conduct of the business of Tehsil Council
70. Address of Tehsil Nazim
70A. Setting aside the resolution of Tehsil Council
70B. Setting aside the resolution of Tehsil Council by the Chief Executive of the Province
71. Resignation of Naib Tehsil Nazim
72. No confidence motion against Naib Tehsil Nazim
73. Joint Committees of Councils

CHAPTER—Vii
UNION ADMINISTRATION

74. Composition of Union Administration
75. Structure of Union Administration
76. Function of the Union Administration
77. Assignment of functions to Village Council
78. Entrustment of functions by District Government, etc.
79. Government to prescribe powers of Union Administration
80. Functions of Union Nazim
81. Personal responsibility of Union Nazim
82. Setting aside decisions of Union Nazim
82A. Setting aside the order of Union Nazim by the Chief Executive of the Province
83. Resignation by Union Nazim
84. Omitted
85. Recall of Union Nazim
86. Joint committees of Councils

CHAPTER—VIlI
UNION COUNCIL

87. Composition of the Union Council
88. Functions of the Union Council
89. Conduct of the business of the Union Council
89A. Setting aside the resolution of Union Council
89B. Setting aside the resolution of Union Council by the Chief Executive of the Province
90. Address of Union Nazim
91. Resignation by Naib Union Nazim
92. Recall of Naib Union Nazim

CHAPTER-IX
VILLAGE AND NEIGHBOURHOOD COUNCILS

93. Declaration of Village and Neighbourhood Councils
94. Composition of Village Council and Neighbourhood Council
95. Election of Village Council and Neighbourhood Council
96. Functions of Village Council and Neighbourhood Council
97. Village council and Neighbourhood Council to develop facilities

CHAPTER-X
CITIZEN COMMUNITY BOARD

98. Composition of Citizen Community Board
99. Conduct of Business
100. Raising of Funds by Citizen Community Board
101. Citizen Community Board to be a non—profit organization

CHAPTER-XI
MUSALIHATI JARGA

102. Constitution of Musalihati Jarga
103. Encouragement for amicable settlement of disputes
104. Courts may refer cases to Musalihati Jarga
105. Appointment of Musleh (Conciliator) for individual cases
106 Procedure of settlement of disputes

CHAPTER-XII
LOCAL GOVERNMENT FINANCE

107. Establishment of local government Funds and Public Accounts
108. Custody of Funds
109. Application of Funds
110. Charged Expenditure
111. Budget Preparation
112. Approval of Budgets
113. Honoraria and Allowances
114. Accounts
115. Audit
115- .Internal Audit
116. Taxes to be levied
117. Rating areas and Property Tax
118. Collection of Taxes
119. Bottom up planning and the ownership incentive system
120. Local governments not to incur debts

CHAPTER XII-A
PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS

120-A. Establishment of Provincial Finance Commission
120-B. Membership
120-C. A Professional member shall be eligible to be reappointed
120-D. Functions, Duties and Powers of the Finance Commission
120-E. Certain institutional processes of the Finance Commission
120-F. Provincial Allocable Amount and composite balance
120-G. Omitted
120-H. Formula, its application and revision
120-I. Procuring of data
120-J. Ensuring flow of funds to local government
120-K Reference by Provincial Government or Local Government to the Finance Commission
1 20-L. Rules of Business of the Finance Commission
120-LL.Procedural powers of the Finance
120-M. Interim Formula to continue
120-N. Certification requirements for fiscal transfers

CHAPTER—XIII
LOCAL GOVERNMENT PROPERTY

121. Ownership of immovable property
122. Transfer of Property by the Government
123. Stocktaking by the Nazim
124. Use and disposal of properties of local governments
125. Acquisition of immovable property
126. Loss of property of local government

CHAPTER-XIV
GOVERNMENT – LOCAL GOVERNMENTS RELATIONS

127. Relations of Government with the District Government
128. Directions by the Chief Executive of the Province
129. Suspension of a Nazim, etc.
130. Entrustment of certain functions to District Government
131. Provincial Local Government Commission
132. Functions of the Provincial Local Government Commission
133. Responsibility of the Provincial Local Government Commission
133A. Restructuring of Provincial Departments
134. Zilla Mohtasib

CHAPTER-XV
INTERNAL CONTROLS

135. Inspection and supervision
136. Enquiries
137. Transparency
138. Monitoring by Committees
139. Code of Conduct Committees of the Councils of the councils
140. District Mushavirat Committee

CHAPTER-XVA
DISTRICT SERVICE

140A. Creation of District Service

CHAPTER-XVI
LOCAL GOVERNMENT RESPONSIBILITY
FOR ENFORCEMENT OF LAW

141. Offences, punishment and their cognizance
142. Appointment and control of Inspectors
143. Imposition of fine through ticketing
144. Performance bonuses for Inspector, etc.
145. Court proceedings for default in deposit of fine, etc.
146. Compounding of offences
146A. Appeals, etc.
146B. Registers, monthly reports, etc.
146C. Police support to Inspectors, etc.
146D. General power of Inspectors
146E. Application of the Code
147. Rights of citizen not affected

CHAPTER-XVII
LOCAL GOVERNMENT ELECTIONS

148. Franchise
149. Manifesto
150. Authority for local government elections
151. Delimitation of electoral wards
152. Qualifications for candidates and elected members
153. Non—party elections
154. Elections of Nazims etc.
155. Allocation of reserved seats
156. Election to vacant seats
157. Electoral rolls
158. Bar against Nazims for dual membership etc.
159. Term of office
160. Oath of office
161. Removals
162. Resignations
163. Omitted
164. Notifications to be issued
165. Corrupt practice
166. Bribery
167. Personating
168. Undue influence
169. Illegal practice
170. Prohibition of canvassing
171. Disorderly conduct near polling station
172. Tampering with papers
173. Interference with the secrecy of voting
174. Failure to maintain secrecy
175. Conduct of officials
176. Breach of official duty
177. Assistance by government servants
178. Summary trial
179. Cognizance
1 79A. Conduct of elections

CHAPTER-XVIII
MANAGING TRANSITION

180. Succession of the properties, assets and liabilities
181. First Nazims and Councils
181A. Internal Recall of Nazims
182. Administrative Transition
183. Employees salaries not to be reduced on transfer, etc.
184. Baron recruitments
185. Financial transition
186. Electoral Transition
187. Transitional timeframe

CHAPTER XIX
MISCELLANEOUS

188. Complaint cell
189. Training
190. Appeals
191. Rules
192. Bye-Laws
193. Members and servants to be public servants
193-A. Delegation of powers
194. Action taken in good faith
195. General powers of local governments etc.
196. Repeal and Savings
197. Removal of Difficulty
198. Amendment of Schedules

THE
NWFP LOCAL GOVERNMENT
ORDINANCE, 2001

ORDINANCE No.XIV OF 2001

AN ORDINANCE to reconstruct and regulate
the local governments.

WHEREAS it is expedient to devolve political power and decentralize administrative and financial authority to accountable local governments for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grass-roots level;

AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, as amended up to date, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:

CHAPTER
PRELIMINARY

1. Short title, extent and commencement.— (1) This Ordinance may be called the North-West Frontier Province Local Government Ordinance, 2001.

(2) It extends to the whole of the North-West Frontier Province other than the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), 1[or the Cantonments Ordinance, 2002 (CXXXVIII of 2002) in relation to the matters covered thereunder.

(3) It shall come into force as under:

(a) The provisions contained in sections 107, 108, 109, 112, 114 and the Second Schedule shall come into force at once and shall be deemed to have taken effect on the 1st July, 2002;

(b) the provisions contained in Chapter XII shall come into force at once; and

(c) the remaining provisions shall come into force at once and shall be deemed to have taken effect on the fourteenth day of August, 2001.

2. Definitions.— In this Ordinance, unless there is anything repugnant in the subject or context,

(i ) ‘body corporate’ means a body having perpetual succession and a common seal, with power to acquire and hold movable and immovable property, and transfer any property held by it, and enter into any contract and may sue and be sued in its name;

(ii) ‘budget’ means an official statement of income and expenditure for a financial year;

(iii) ‘building’ includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes wall, well, veranda, platform, plinth, ramp and steps;

(iv) ‘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;

(v) ‘bye-laws’ means the bye-laws made under this Ordinance;

(vi) ‘Council’ means a Zilla Council, Tehsil Council, Town Council, Union Council, Village Council or, as the case may be, Neighbourhood Council;

(vii) ‘decentralize’ or ‘decentralized’ means conferment by the Government under this Ordinance of its administrative and financial authority for the 1[operation, functioning and] management of specified offices of the Provincial Government to the local governments;

(viii) ‘dependent’ means wholly or partially dependent parents, spouse, guardians, children, step and adopted children;

(ix) ‘disaster’ includes famine, flood, cyclone, fire, earthquake, drought, and 2[damage] caused by force majeure;

(x) ‘district’ means a district notified under the North-West Frontier Province Land Revenue Act, 1967 (W.P. XVII of 1967), and includes a largely urban district or districts declared to be City District under this Ordinance;

(xi) ‘drain’ includes a sewer, a house drain or a drain of any other description, used for carrying sullage or rain water;

(xii) Omitted

(xiii) ‘Government’ means the Government of the North-West Frontier Province;

(xiv) ‘land’ includes vacant land or on which any structure has been raised or is being raised or is covered with water or is under cultivation or is fallow or is barren and, in relation to a town improvement scheme, includes land as defined in clause (a ) of section 3 of the Land Acquisition Act, 1894 (IV of 1894);

(xv) ‘local area’ means an area specified in Chapter II;

(xvi) ‘local government’ includes-

(a) a District Government or a City District Government and Zilla Council;

(b) a Tehsil Municipal Administration and Tehsil Council;

(c) Town Municipal Administration and Town Council; and

(d) a Union Administration and Union Council;

(xvii) ’mal-administration’ means- and includes-

(a) an act of omission or commission, a decision, process or recommendation, which —

(i) is contrary to the law, rules, or regulations or is a departure form established practice or procedure; or

(ii) is arbitrary, biased, discriminatory, oppressive, perverse, unjust or unreasonable; or

(iii) is based on irrelevant grounds; or

(iv) 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;

(ii) perverse, arbitrary or unreasonable, unjust, biased, oppressive, or discriminatory; or

(iii) based on irrelevant grounds,(b)

(xviii) market’ means a place notified as market under this Ordinance or any other law for the time being in force;

(xix) ‘member’ means an elected member of a Council;

(xx) ‘mauza’ means a revenue estate declared under the North-West Frontier Province Land Revenue Act, 1967 (W.P. Act XVII of 1967);

(xx-a) ‘misconduct’ means transgression of prescribed Code of Conduct or dereliction from duty or deliberate unlawful behaviour or violation of law or rules or lawful directions or orders of Government and includes-
(a) gross negligence in performance of duties with manifest wrongful intent or evil design;

(b) an act that results in wrongful gain to any person by wrongful application of law; or

(c) making or managing appointment, promotion or transfer of an officer or official in violation of law or rules or for extraneous consideration;]

(xxi) ‘municipal offences’ means the offences specified in the Fifth Schedule or any other law for the time being in force;

(xxii) ‘municipal services’ include, but not limited to intra-city or intra or inter-town or tehsil 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;

(xxiii) ‘Naib Nazim’ means Naib Zilla Nazim, Naib Tehsil Nazim, Naib Town Nazim, or, as the case may be, Naib Union Nazim;

(xxiv) ‘Nazim’ denotes Zilla Nazim, Tehsil Nazim, Town Nazim or, as the case may be, Union Nazim;

(xxv) ‘Neighbourhood’ means a Mohallah, a group of streets, lanes or roads, designated by Tehsil Municipal Administration, Town Municipal Administration to be the Neighbourhood;

(xxvi) ‘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;

(xxvii) ‘prescribed’ means prescribed by rules made under this Ordinance;

(xxviia) ’Provincial allocable amount’ means monies declared as such for distribution among local governments in accordance with the provisions of this Ordinance

(xxviib) ‘Provincial Consolidated Fund’ means the Fund referred in article 118 of the Constitution of the Islamic Republic of Pakistan;

(xxviic) ‘Provincial Retained Amount’ means the balance amount of the Provincial Consolidated Fund after subtraction of the Provincial Allocable Amount from it; and]

(xxviii) ‘Provincial Director General Audit’ means an officer of the Auditor General of Pakistan nominated for the purpose;

(xxix) ‘public place’ means any building, premise or place to which the public have access;

(xxx) ‘rent’ means whatever is lawfully 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];

(xxxi) ‘street line’ means a line dividing the land and forming part of a street from adjoining land;

(xxxii) ‘tax’ includes any cess, fee, rate, toll or other impost leviable under this Ordinance;

(xxxiii) ‘tehsil’ means a tehsil notified under the North-West Frontier Province Land Revenue Act, 1967 (W.P. Act XVII of 1967);

(xxxiv) ‘Tehsil Municipal Administration’ includes the Tehsil Nazim and the officials and employees of the Tehsil Municipal Administration specified in section 49;

(xxxv) ‘town’ means an area notified by the Government under section 9 to be a town in a City District [or in a single Tehsil District];

(xxxvi) ‘Town Municipal Administration’ includes the Town Nazim and the officials and employees of the Town Municipal administration specified in section 50;

(xxxvii) ‘Union’ means a local area notified under section 6 to be a union under this Ordinance;

(xxxviii) ‘Union Administration’ includes the Union Nazim, Union Naib Nazim, the Union Secretaries, and other Union employees;

(xxxix) ‘Village’ means an integrated and contiguous human habitation commonly identified by a name and includes a dhok, chak, killi, goth, gaown, basti or any other comparable habitation;

(xl) ‘water reservoir’ includes a spring, well, tube well, pond, tank, water course, culvert, and any channel used for supplying water other than canal, river, lake or stream;

(xli)` ‘work’ includes a survey, whether incidental to any other work or not; and

(xlii) ‘worker’ means a person directly engaged in work, or is dependent on personal labour, for subsistence living and includes a worker as defined in the [Industrial Relations Ordinance, 2002 (XCI of 2002).]

(2) In performance of their functions, the local governments shall not impede or prejudice the exercise of the executive authority of the Government.

CHAPTER II
LOCAL AREAS AND LOCAL GOVERNMENTS

5. Composition of local areas.— For the purpose of this Ordinance, the following shall be the local areas, namely:

(i ) Union;

(ii) Tehsil;

(iii) Town; and

(iv) District City District.

6. Delimitation of Unions.— A Union 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 or, in the case of an area with urban characteristics, 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 the Government:

Provided that, as far as may be, —

(a) the area of a Union shall be a territorial unity;

(b) the boundaries of a Union shall not cross the limits of a tehsil, or a town in a city district;

(c) the area of a union in a tehsil shall comprise a whole number of patwar circles, or a patwar circle may contain a number of whole Unions;

(d) the area of a Union in a City District, or a Union with urban characteristics 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 Unions within a district shall, more or less, be uniform:
Provided further that in a specific case, the Government may, for the reasons to be recorded, waive the aforesaid conditions.

7. Delimitation of tehsils and districts.—The Government shall, by notification in the official Gazette, declare tehsils and districts notified under the North-West Frontier Province Land Revenue Act, 1967 (W.P. Act XVII of 1967), to be tehsils or, as the case may be, districts under this Ordinance.

8. Creation of a City District.— (1) In addition to the Provincial headquarters notified by the Government as City District of Peshawar, the Government may, by notification in the Official Gazette, declare a tehsil or tehsils within one or more adjoining districts as a City District if-

(a) the population of urban settlement therein or of proximate settlement exceeds one million people;

(b) the economy thereof is largely oriented to commercial, industrial, and services sectors, and, according to the last preceding census, the labour force employed in such sectors or in non-agricultural sectors is more than sixty six percent; and

(C) the existing administrative and municipal infrastructure therein have become inadequate for efficient service delivery and require integrated development and management.

(2) For the purpose of creation of a city district, the Unions in the district affected by such creation may be delimited in accordance with section 6:

Provided that in all other districts section 11 of this Ordinance shall apply.

9. Setting up of a town.— (1) The Government may, by notification in the official Gazette, declare a whole number of contiguous Unions to be a town in the City District 3[or in a single Tehsil District] under this Ordinance.

(2) On notification referred to in sub-section (1), the Government may, by notification in the Official Gazette, declare every town referred to in that subsection to be a tehsil or sub-division for the purpose of this Ordinance.

10. Local areas under previous law to continue.— Unless varied under this Ordinance, any local area declared or notified by the Government under the North-West Frontier Province Local Government Election Ordinance, 2000 (N.W.F.P. Ord. No. VI of 2000), as union, tehsil, town, district or City District shall continue to retain such status and shall be deemed to have been notified as such under this Ordinance.

11. Alteration of local areas.— (1) Any two or more adjoining Unions within a tehsil or adjoining tehsils within a district may, after having invited public objections through a resolution, during the third year of their being in office, passed by two-third majority of the total membership of each of the relevant Union Councils, or as the case may be, Tehsil Councils, make a proposal to the Government for a change in their respective boundaries subject to the conditions

(2) The Government may, subject to previous publication, notify the change in the boundaries of the Unions, tehsils or towns:

Provided that such change shall come into force on the announcement of next local governments elections.

12. Local governments for local areas.— (1) For each local area, there shall be a local government comprising-

(a) District Government and Zilla Council in a district or a City District;

(b) Tehsil Municipal Administration and Tehsil Council in a tehsil;

(c) Town Municipal Administration and Town Council in a town; and

(d) Union Administration and Union Council in a Union.

(2) In case of a district consisting of a single tehsil, the Government
may dispense with setting up of Tehsil Council and holding of election of Tehsil
Nazim and Naib Tehsil Nazim in such tehsil and in that case the Tehsil Municipal
Administration shall function directly under Zilla Nazim and the functions of Tehsil
Council shall be performed by the Zilla Council:

Provided that the Government may, by the 20th day of June, 2005, divide such tehsil into two or more tehsils for establishing local government under sub-section (1).

(3) In case of a tehsil consisting of a single Union, the Government
may dispense with setting up of Tehsil Council and holding of election of Tehsil
Nazim and Tehsil Naib Nazim in such tehsil and in that case the functions of the
Tehsil Municipal Administration shall be performed by the Union Administration
and the functions of Tehsil Council shall be performed by the Union Council.

CHAPTER -III
DISTRICT GOVERNMENT

13 Composition of District Government.— (1) The District Government shall consist of Zilla Nazim and District Administration.

(2) The District 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 District Coordination Officer.

14. Decentralized offices and grouping of offices.— (1) On the commencement of this Ordinance, the administrative and financial authority for the management of the offices of the Government specified in Part-A of the First Schedule set up in a district shall stand decentralized to the District Government of that district:

Provided that where there is no office of the Government in a district specified in Part-A of the First Schedule and the Government sets up an office on a subsequent date, such office shall be decentralized to the District Government from that date.

(2) Where in a district, there is no office specified in Part-B of the First Schedule, the Government shall set up such offices and post officers and staff in such offices.

(3) The offices decentralized to the District Governments and offices set up by the Government shall be grouped in various groups specified in Part-C of the First Schedule:
Provided that the Government may, for the reason of non-existence of any office or offices specified in the First Schedule in a district, in consultation with the District Government of such district, vary or amalgamate the grouping of offices for efficiency and effectiveness by notification in the official Gazette:

Provided further that the number of groups of offices shall not exceed the number of groups specified in Part-C of the First Schedule.

(4) The Zilla Nazim shall nominate a Deputy District Officer at Tehsil level for the purpose of liaison between the offices of District Government, Provincial Government, Federal Government and other local governments for emergencies, natural calamities and extraordinary situations.

15 Entrustment of certain decentralized offices to Tehsil Municipal Administration.— Subject to section 14 and section 52, on commencement of
this Ordinance, the administrative and financial management of the offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department which were providing services at the regional, zonal, circle, divisional, district and tehsil levels shall stand entrusted to respective Tehsil Municipal Administration or Town Municipal Administration, as the case may be, alongwith the employees working in such offices:

Provided that the Government may direct for retention of certain components of Housing and Physical Planning Department with the District Government alongwith the officers and members of staff working therein.

16. Authority and responsibility of District Government.— (1) The authority of the District Government shall comprise the 1[operation,] management and control of offices of the departments which are decentralized to it or may be setup under this Ordinance; provided that the District Government shall exercise such authority within the district in accordance with the general policy of the Government.

(2) Every order in the District Government shall be expressed to be made in the name of the District Government and shall be executed by an officer or authority of the District Government duly authorized.

(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 the authority decentralized to it under this Ordinance.

17. The Zilla Nazim.— (1) Zilla Nazim shall head the District Government and perform such functions and exercise such powers as have been assigned to him under this Ordinance and shall be assisted by the District Coordination Officer.

(2) The Zilla Nazim shall ensure that the business of the District Government is carried out in accordance with the provisions of this Ordinance and other laws for the time being in force.

18. Functions and powers of the Zilla Nazim.— (1) The functions and powers of the Zilla Nazim shall be to-

(a) provide vision for the district-wide development, leadership and direction for efficient functioning of the District Government;

(b) develop with the assistance of the District Administration strategies and timeframe for accomplishment of the relevant goals approved by the Zilla Council;

(c) ensure implementation of the functions decentralized to the District Government;

(d) oversee formulation and execution of the annual development plan, delivery of services and functioning of the District Government;

(e) present proposal to the Zilla Council for approval of budget for District Government, Zilla Council and intra-district fiscal transfers;

(f) maintain administrative and financial discipline in the District Government;

(g) present tax proposals to the Zilla Council;

(h) present report on the performance of the District Government in person to the Zilla Council at least twice a year;

(i) preside over the meetings of the Zilla Mushawarat Committee;

(j) take charge, organise and prepare for relief activities in disasters or natural calamities;

(k) authorise officers of the District Government to sign documents on its behalf;

(I) initiate inspections of Tehsil Municipal Administration, Town Municipal Administration and Union Administration in the district pursuant to section 135;

(m) establish and supervise the working of the Internal Audit Office;

(n) issue executive orders to the District Coordination Officer and Executive District Officers for discharge of the functions decentralized to the ‘District Government;

(0) represent District Government on public and ceremonial occasions; and

(p) perform any other function as may be assigned to him by the Government.

(2) The Zilla Nazim shall not employ any advisor, special assistant or a political secretary other than support staff allocated to his office from amongst the officials available in the district.

19. Right of the Zilla Nazim to take part in Council’s meetings.—The Zilla Nazim shall have the right to speak and otherwise take part in the proceedings of the Zilla Council, but shall not be entitled to vote.

20. Personal responsibility of Zilla Nazim.— (1) The Zilla Nazim shall be
personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.

21. Resignation of Zilla Nazim.—The Zilla Nazim may resign from office by tendering resignation in writing addressed to the Chief Executive of the Province.

22. Vacancy in the Office of Zilla Nazim.— (1) In case the office of Zilla Nazim falls vacant for reason of his death, resignation, removal 1 or, where in the opinion of the Zilla Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Zilla Nazim shall act as Zilla Nazim till an officiating Nazim is 2[elected] under sub-section (6) of section 156 or a new Zilla Nazim is elected under sub-section (5) of that section:

Provided that where the Naib Zilla Nazim is absent or his office is vacant for any reason, the senior-most presiding officer in the panel elected under sub-section (5) of section 42 shall act as Zilla Nazim and the next senior- most presiding officer in the panel shall act as Naib Zilla Nazim till the election of officiating Zilla Nazim under section 48 or Naib Zilla Nazim resumes his functions or, as the case may be, a new Naib Nazim is elected by the Zilla Council under section 156:

Provided further that the officiating Zilla Nazim shall not be a candidate in the election for Zilla Nazim.

(2) Where a Zilla Nazim is unable to perform his functions for reason of his temporary absence, he may authorize Naib Zilla Nazim, in writing, to act on his behalf till he resumes his duties.

23. Omitted

24. Recall of a Zilla Nazim.— (1) If in the opinion of a member of the Zilla Council, there is a reason to believe that the Zilla Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity for improvement in governance and service delivery to the people within the ambit of his responsibilities, he may, seconded by another member of the Council, give notice to move a motion in the Zilla Council through Naib Zilla Nazim for recall of the Zilla Nazim.

(2) Where the motion referred to in sub-section (1) is approved through a resolution passed by a simple majority of total membership of the Provincial Assembly, the Zilla Nazim shall cease to hold office immediately on passing of such resolution:

Provided that the Zilla Nazim shall be provided an opportunity of being heard by the Provincial Assembly.

(3) The result of the approval of the resolution of the Provincial Assembly referred to in sub-section (1) shall be notified by the Government in the official Gazette.

(4) Nothing contained in sub-sections (1) and (2) shall affect the provisions of section 161 in respect of removal of Zilla Nazim by the Chief Election Commissioner” omitted vide ibid.

25 Setting aside the order of Zilla Nazim by the Chief Executive of the Province.—

1) Where, in the opinion of the Chief Executive of the Province, an order or decision of the Zilla Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

Provided that the Zilla Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

(2) On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Zilla Nazim:

Provided that, if no action is taken within ninety days of suspension of the order or decision of the Zilla Nazim, such order or, as the case may be, decision shall stand restored.

(3) The quashment of an order or decision referred to in sub-section (2) shall be notified by the Government in the official Gazette.

26. Structure of District Administration.—The District Administration shall comprise the district offices, including sub-offices of the Departments of the Government decentralized to the District Government and other offices set up by the Government and grouped under the Executive District Officers and coordinated by the District Coordination Officer.

27. Heads of offices and groups.— (1) The District Coordination Group of Offices shall be headed by the District Coordination Officer.

(2) A group of offices, other than the District Coordination Group of Offices, shall be headed by an Executive District Officer.

(3) The District Officers shall head the district offices.

(4) The Government shall setup sub-offices of the offices decentralized to district government in every tehsil or town in a city district depending upon the needs of such tehsil or, as the case may be, town for such sub-office:

Provided that where any sub-office exists or is set up in a tehsil or town in a City District the Deputy District Officer shall head such sub-office.

28. District Coordination Officer.— (1) In every district, the Government shall appoint a District Coordination Officer who shall be a civil servant of the Federation or of the Province, as far as possible in Basic Scale 20:

Provided that in a City District, the District Coordination Officer may be a civil servant of the Federation or Province, as far as possible, in Basic Scale 21.

(2) The District Coordination Officer shall be coordinating head of the District Administration and shall-

(a) ensure that the business of the District Coordination Group of Offices is carried out in accordance with the laws for the time being in force;

(b) co-ordinate the activities of the groups of offices for coherent planning, synergistic development, effective and efficient functioning of the District Administration;

(c) exercise general supervision over programmes, projects, services, and activities of the District Administration;

(d) coordinate flow of information required by the Zilla Council for performance of its functions under this Ordinance;

(e) act as Principal Accounting Officer of the District Government and be responsible to the Public Accounts Committee of the Provincial Assembly;

(f) call for information and reports from local governments in the district as required by the Provincial Government or District Government through the Tehsil Municipal Officer;

(g) assist the Zilla Nazim in accomplishment of administrative and financial discipline and efficiency in the discharge of the functions assigned to District Administration;

(h) prepare a report on the implementation of development plans of the District Government for presentation to the Zilla Council in its annual budget session; and

(i) initiate the performance evaluation reports of the Executive District Officers and shall be countersigning officer of such reports of the District Officers initiated by the Executive District Officers.

Explanation.- For the purpose of this section, the expression ‘coordinating head’ means the authority to call for review and assess the performance of the groups of offices, individually or collectively, and give directions for taking actions or measures for improving efficiency, service delivery and achievement of goals assigned in the approved plans of the District Government.

(3) Where in the opinion of a District Coordination Officer, an order of the Zilla Nazim is motivated or unlawful, he may seek recourse in writing to the Local Government Commission with a copy thereof to the Zilla Nazim, and the decision of the Commission in the matter shall be final and binding.]

29. Functions and powers of Executive District Officer.—The functions and powers of the Executive District Officer shall be to-

(a) ensure that the business of the group of offices under his administrative control is carried out in accordance with law and the rules and the human and material resources placed at his disposal are optimally utilized to improve governance;

(b) co-ordinate and supervise the activities of the offices and ensure efficient service delivery by the functionaries under his administrative control;

(c) supply information to the Monitoring Committees of the Zilla Council and Union Councils;

(d) take appropriate corrective actions based on the information received from Monitoring Committees;

(e) enforce relevant Federal and Provincial laws and rules, including tax laws, according to the directions of the Government;

(f) prepare development plans and propose budgetary allocations for their execution;

(g) implement approved plans and policies;

(h) authorize disbursement of performance bonuses to the employees;

(i) prepare proposals for expenditures necessary for the proper conduct of programs, projects, services, and other activities;

(j) propose relevant bye laws on service delivery to the District Coordination Officer; and

(k) act as Departmental Accounting Officer for his respective group of offices and be responsible to the District Accounts Committee of the Zilla Council.

30. District administration working.— (1) In matters of policy and important decisions, the District Coordination Officer shall obtain approval of Zilla Nazim before communicating such matters and decisions to the Government.

(2) The Government shall appoint such officers and officials to the district offices, groups of offices or other offices in the district specified in the First Schedule 2[as may be prescribed

(3) The tenure of posting of an officer or official of the Government to a District Government shall, at the maximum, be three years, but he may be transferred earlier due to exigency of service or in the public interest.

(4) Where the performance of a District Co-ordination Officer is not satisfactory, the Zilla Nazim may request the Government for his transfer in writing, with a copy to the District Coordination Officer, stating reasons therefor and the Government 3[may] accede to the request of the Zilla Nazim.

(5) Omitted

(6) here the performance of an Executive District Officer is not satisfactory, the Zilla Nazim may, in consultation with the District Coordination Officer, request the Government to transfer such officer from the district stating reasons therefor.

30A. Disciplinary powers of Nazims and Naib Nazims.— The Nazims and
Naib Nazims shall be empowered to take disciplinary action against local government functionaries of their respective establishments and shall be responsible to the Government for effective implementation of all efficiency and disciplinary rules as prescribed not later than 31st December, 2005.

30B. District Officer (Revenue) to act as Collector.— The District Officer (Revenue) shall act and perform the functions of Collector under the provisions of sections 54, 68, 70(2), 71, 72, 92, 93, rule 18 of Order XXI, Order XL and similar other provisions of the Code of Civil Procedure, 1908 (Act V of 1908)]

31. Rules of Business for disposal of work.— For smooth and efficient disposal of official work, the Government shall make District Government Rules of Business.

32. Assignment of work to Tehsil Municipal Administration.— A District Government may assign any of its functions to a Tehsil Municipal Administration or Union Administration, on such terms and conditions as may mutually be agreed upon:

Provided that ‘[primary] responsibility for discharge of such function shall continue to vest with the 2[District Government]:

Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.
33. Disposal of Government’s work.—The District Government may, subject to provision of funds by the Government, but without recourse to additional or enhanced taxation, charge, fees or any other source of public funds and without incurring any debt undertake any of the functions of the Government as may be mutually agreed.

34. performance evaluation.— The annual performance reports of the officers posted in the district shall be initiated by-

(a) he Zilla Nazim in respect of the District Co-ordination Officer:
Provided that the first countersigning officer shall be the Chief Secretary, and the Chief Executive of the Province shall be the second countersigning authority;

(b) Omitted

(d) he District Coordination Officer in respect of the Executive District Officers and Zilla Nazim shall be the countersigning officer;

(e) he Executive District Officer in respect of the District Officers:

Provided that the District Coordination Officer shall be the countersigning Officer and head of the concerned department of the Government shall be the Technical Reporting Officer; and

Provided that the first countersigning officer shall be the Inspector General of Police and Chief Executive of the Province shall be the second countersigning officer;” omitted vide the NWFP Local Government (Amendment) Act, 2005.

(f) he District Officer in respect of the Deputy District Officers and the Executive District Officers shall be the countersigning officer.

35. Offices of the City District.— Subject to any variation, the Government may, in addition to the offices specified in section 14, set up other offices and groups of offices specified in Part-D of the First Schedule in a City District.

36. Integrated management of services in City District.— On creation of a City District under section 8, the organizations and authorities providing municipal services and facilities and the offices decentralized or set up in a tehsil or tehsils or districts notified to be City District shall come under the administrative and financial control of the City District Government.

CHAPTER IV
ZILLA COUNCIL

37. Composition of Zilla Council.— (1) A Zilla Council shall consist of all Union Nazimeen in the district and following members elected on the reserved seats namely:

(i) such number of women so as to represent thirty-three percent of the total number of the Unions in the district;

(ii) Such number of peasants and workers so as to represent five percent of the total number of the Unions in the district, subject to a minimum of one seat; and

(iii) Such number of persons from minority communities so as to represent five percent of the total number of the Unions in the district, subject to a minimum of one seat.

(2) f, in calculating a percentage for the purposes of sub-section (1), the number of reserved seats does not come out to be a whole number and such number is-

(a) Less than one-half, the number shall be rounded down to the next lower number; r

(b) One-half or more, the number shall be rounded up to the next higher number.

38. Secretariat of the Council.—The Zilla Council shall have its Secretariat
under the Naib Zilla Nazim and shall have a separate budget allocation 1[with its
Secretary as Drawing and Disbursing Officer and Naib Zilla Nazim as the
Principal Accounting Officer.]

39. Functions and powers of Zilla Council.— The functions and powers of a Zilla Council shall be to-

(a) approve bye-laws proposed by the District Government under this Ordinance;

(b) approve taxes proposed by the District Government on the subjects specified in Part-I of the Second Schedule 2[or in case of a City District, on subjects specified in Part II of the Second Schedule

(c) approve long term and short term development plans, annual and supplementary budgetary proposals of the District Government and, where required, intra-district fiscal transfers;

(d) approve annual budget of the Zilla Council;

(e) elect committees of the Zilla Council for monitoring the performance of the District Government;

(f) ensure the Monitoring Committees of the Zilla Council perform their functions in a non-intrusive manner without interfering in the day to day working of the relevant offices of the District Government and do not assume a command and control role;

(g) review the Monitoring Committees’ quarterly reports on the performance of the District Government;

(h) elect a Code of Conduct Committee which shall be responsible for enforcing the code of ethics for regulating the conduct of the members of the Zilla Council;

(i) elect an Insaf Committee which shall facilitate access of the people to the Member Inspection Team of the High Court for redressing their grievances;

(j) elect a Sports and Culture Committee which shall promote sports and cultural events in the district and youth participation in healthy pursuits;

(k) elect the members of the Zilla Council for representation in the District Public Safety Commission;

(I) elect a Zilla Accounts Committee;

(m) constitute Farm Produce Market Committee under the relevant law;

(n) approve the proposals of the District Government for changes in the number of posts of officials and employees of the decentralized offices of District Administration, Tehsil Municipal Administration, or, as the case may be, Town Municipal Administration, as part of the budget statement;

(o) except during the first two years after election of the Zilla Council, approve posts for the office staff of Zilla Nazim and staff of Zilla Council subject to the restriction imposed under sub-section 1[(8)] of section 109;

(p) make recommendations to the District Government for enhancement of the care of disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependants, abused children, needy and disadvantaged persons;

(q) authorise Zilla Nazim, Naib Zilla Nazim, Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim, Union Nazim, Naib Union

Provided that the honorarium and rates of travelling and daily allowances shall be fixed with the approval of the Government, and any change thereof authorized by the Zilla Council with the approval of the Government, shall be applicable to the succeeding Nazimeen, Naib Nazimeen and members of the Councils:

Provided further that the Government shall accord approval within sixty days of receipt of proposals from a Zilla Council failing which it shall be deemed to have been approved.

(r) review the performance reports of the District Government presented by Zilla Nazim;

(s) review the audit reports of the Zilla Accounts Committee;

(t) review measures for flood relief, and storm water drainage; and

(u) require the District Government to undertake measures for good governance and improvement in the delivery of services.

40. Functions of Zilla Council in a City District.— In addition to the functions specified in section 39, the Zilla 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 of the District Government 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, 2[****]; 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.

41. Zilla Council to approve certain plans for towns.— In the case of a town in a City District, the Zilla Council shall perform the functions of approval of such macro municipal plans as may be notified by the City District Government.

42. Conduct of the business of Zilla Council.— (1) The Zilla Council shall regulate its business in accordance with the by-laws made by it.

(2) The Zilla Council shall meet at least once in every month and shall be in session for at least fifty accumulated days in a year.

(3) Save as otherwise provided, decisions of the Zilla 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 Local Government Commission1 [:]

Provided that the member presiding the meeting shall not vote except in the case of equality of vote.

(4) In the first meeting of the Council to be convened and presided over by the Returning Officer nominated by the Chief Election Commissioner, the members of the Zilla Council shall elect from amongst themselves a Naib Zilla Nazim securing majority votes of total membership of the Council through a secret ballot.

(4A) The Naib Zilla Nazim elected under sub-section (4) shall be the Convener of the Zilla Council and shall preside its meetings and shall perform such other functions as are assigned to him by the Zilla Nazim.

(5) After the election of Naib Zilla Nazim, the Zilla Council shall, in order of precedence elect a panel of not less than three members as presiding officers securing highest number of votes who shall, in the absence of, or in case of the suspension of, Naib Zilla Nazim, or where a no confidence motion has been moved against him, convene and preside over the meetings of the Zilla Council.]

(6) The quorum of the meetings of the Zilla Council shall be fifty-one percent of its total membership.

(7) The meetings of the Zilla Council shall be open to public, unless the Council, by a resolution, decides to hold any meeting in camera.

(8) The minutes of the meetings of Zilla Council shall be recorded and maintained by the Secretariat of the Zilla Council.

43. Address of Zilla Nazim.— (1) At the commencement of first session of the Zilla Council after its election and on commencement of first session of every year, the Zilla Nazim shall address the Zilla Council and shall inform the Council of his plans and programmes for the said year and, as the case may be, the performance of the District Government during the preceding year.

(2) Notwithstanding anything contained in sub-section (1), the Zilla Nazim may address the Zilla Council, whenever he may deem necessary, to associate the Zilla Council in the functioning of the District Government.

44. Joint committee of Councils.—The Zilla Council may, with the consent of Tehsil Councils or Union Councils set up joint committees of the Councils for deliberation of matters in which such Councils may be jointly interested and may delegate to such joint committees any power which may be exercised by them, including the power to make bye-laws for their functioning.

45 Setting aside the resolution of Zilla Council by the Chief Executive of the Province.— (1) Where, in the opinion of the Chief Executive of the Province, a resolution of Zilla Council is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

(2) On receipt of report of the enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Zilla Council:

Provided that, if no action is taken within ninety days of suspension of the resolution of the Zilla Council, such resolution shall stand restored.

(3) The quashment of the resolution referred to in sub-section (2) shall be notified by the Government in the official Gazette.

46. Resignation of Naib Zilla Nazim.—The Naib Zilla Nazim may resign from office by tendering resignation in writing addressed to the Zilla Nazim.

(2) The result of the resolution of the Provincial Assembly referred to in sub-section (1) shall be notified by the Government in official Gazette” substituted vide the NWFP Local Government (Amendment) Act, 2005.

47. No confidence motion against] Naib Zilla Nazim.— (1) If in the opinion of a member of Zilla Council, there is a reason to believe that the Naib Zilla Nazim is acting against the public policy or the interest of the people, or for any other reason, he has lost confidence of the Council] he may, seconded by another member of the Council, give a notice to move a motion in the Zilla Council through its senior-most presiding officer for removal of Naib Zilla Nazim.

(2) n receipt of notice referred to in sub-section (1), the senior-most presiding officer in the panel referred to in sub-section (5) of section 42 shall summon a session of Zilla Council not earlier than three days or not later than seven days, if the Zilla Council is not already in session.

(3) here the Zilla Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipts in the Zilla Council Secretariat.

(4) here the motion referred to in sub-section (1) is approved by majority votes of the total membership of the Council, through a secret ballot, the Naib Zilla Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner accordingly.

(5) here the Naib Zilla Nazim is removed under sub-section (4), the Council shall elect a new Naib Zilla Nazim within a period not later than ten days in the manner specified in sub-section (4) of section 42.]

(6) he Naib Zilla Nazim shall have the right to 5[address the Zilla Council] in his defence.

(7) o motion for recall of Naib Nazim shall be moved during the first six months of assumption of office of Naib Zilla Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

(8) here the motion referred to in sub-section (1) fails in the Zilla Council, the proposer and seconder of such motion shall lose their seats both as members of the Zilla Council and Union Nazim, if any one of them is also a Union Nazim.

48. Power of Zilla Council to elect officiating Zilla Nazim.— 1[***] In case the office of Zilla Nazim falls vacant by reason of his death, resignation or removal, the Zilla Council shall elect one of its members to be the officiating Zilla Nazim till a new Zilla Nazim is elected under the provisions of section 156:

Provided that, where the Naib Zilla Nazim fails to convene the meeting for election of officiating Zilla Nazim from amongst the members of the Council within ten days, the Naib Zilla Nazim shall be liable to misconduct, and the senior-most presiding officer shall convene the meeting of the Council for such purpose:

Provided further that the officiating Nazim shall not be a candidate for the office of Zilla Nazim in the election for Zilla Nazim.

CHAPTER V
TEHSIL AND TOWN MUNICIPAL ADMINISTRATION

49. Composition of Tehsil Municipal Administration.—In every tehsil there shall be a Tehsil Municipal Administration which shall be a body corporate and shall consist of a Tehsil Nazim, Tehsil Municipal Officer, Tehsil Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Tehsil Municipal Administration.

50. own Municipal Administration.— In every town in a City District there shall be a Town Municipal Administration which shall be a body corporate and shall consist of the Town Nazim, Town Municipal Officer, Town Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the 2[Town] Municipal Administration.

Explanation.— For the purpose of sections 49 and 50, the expression ‘Chief
Officers’ refers to Chief Officers of the dissolved Local Councils established
under North-West Frontier Province Local Government Ordinance, 1979 (N. W.F.P Ord. No. IV of 1979).

51. Provisions relating to tehsils apply to towns.— The provisions relating to Tehsil Municipal Administration shall, 3[subject to sections 35 and 36] mutatis mutandis, apply to Town Municipal Administration and, in their application to the town in a City District, shall have effect as if references therein to the Tehsil Municipal Administration, Tehsil Nazim, Tehsil Council, Village Council and Village were references, respectively, to the Town Municipal Administration, Town Nazim, Town Council, Neighbourhood Council and Neighbourhood under this Ordinance.

52. Entrustment of certain decentralized offices to Tehsil Municipal Administration.— On commencement of this Ordinance, the functions, administration and financial management of the offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department at the regional, zonal, circle, divisional, district, tehsil and lower levels shall stand entrusted to the Tehsil Municipal Administration, alongwith the employees working in these offices:

Provided that the Government may direct for retention of a nucleus office of Housing and Physical Planning Department with the District Government for intra-district coordination of tehsil spatial plan:

Provided further that Water and Sanitation Agencies coming under control of the district government under sub-section (3) of section 182 functioning in a

Provided also that Water and Sanitation Agency or similar agencies functioning in a City District and coming under the control of City District under sub-section (3) of section 182 may further be decentralized to the City District Administration or, according to requirements of service delivery, may be decentralized to towns in a City District.

53. Structure of the Tehsil Municipal Administration.— (1) The Tehsil Nazim shall head the Tehsil Municipal Administration.

(2) he Tehsil Municipal Administration shall include the offices and sub-offices of the Urban Local Councils established under the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979), offices and sub-offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department entrusted to it under section 52 for administrative and financial management thereof and sub-offices and other offices set-up by it under this Ordinance and grouped under the Tehsil Municipal Officer.

(3) he Tehsil Municipal Officer shall act as co-ordinating and administrative officer in-charge of the following Tehsil Officers, namely:

(I Tehsil Officer (Municipal Regulations) who shall be responsible for licensing, management of municipal lands, estates, properties, facilities and enterprises and enforcement of relevant municipal laws, rules and bye-laws;

(ii) tehsil Officer (Infrastructure and Services) who shall be responsible for water, sewerage, drainage, sanitation, roads, other than Provincial and district roads, streets and street lighting; fire fighting, park services;

(iii) tehsil Officer (Planning) who shall be responsible for spatial planning and land use control; building control; and coordination of development plans and projects with Union Administration, Village Councils and other local governments; and

(iv) tehsil Officer (Finance) who shall be responsible for budget, revenue and accounts.

(4) The staff of the Tehsil Officers referred to in sub-section (3) shall be appointed from amongst the officials of the decentralized offices entrusted to Tehsil Municipal Administration, Local Council Service and servants of Local Councils established under the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979), by the Government, keeping in view the requirements of every Tehsil Municipal Administration.

(5) Notwithstanding the dissolution of Town Committees, Municipal Committees and Municipal Corporations under this Ordinance, and until any contrary order is made by the Government or the service structure of the members of Local Council Service or the servants of Local Councils is altered, the administrative set-up of such Committees and Corporations shall remain in tact and continue providing municipal services and the officers and staff working therein shall come under the executive control of the Tehsil Nazim through the Tehsil Municipal Officer.

(6) The officers and staff working in the dissolved Zilla Councils and Union Councils shall be posted in the offices of such local governments as may be determined by the Government.

54. Functions and powers of the Tehsil Municipal Administration.— (1)
Subject to sub-section (3), the functions and powers of the Tehsil Municipal
Administration shall be to-

(a) prepare spatial plans for the tehsil in collaboration with Union Councils, including plans for land use, zoning and functions for which the Tehsil Municipal Administration is responsible;

(b) seek approval of the Tehsil Council to the spatial plans prepared by it after due process of dissemination and public enquiry, incorporating modifications on the basis of such inquiry;

(c) execute and manage development plans;

(d) 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 centres; residential, recreation, parks, entertainment, passenger and freight transport and transit stations;

(e) enforce all municipal laws, rules and bye-laws governing its functioning:
Provided that the Tehsil Municipal Administration may, with the approval of Tehsil Council, exempt any Union from application of any specific provision of the bye-laws made by the Tehsil Council under this Ordinance:

Provided further that the Government may, on the recommendations of Tehsil Municipal Administration through District Government, exempt any Union or a part thereof from the

Provided also that such exemption shall not extend to any organized housing schemes, zoning of industrial and commercial areas, and matters concerning environmental protection;

(f) prevent encroachments;

(g) regulate affixing of sign-boards and advertisements;

(h) provide, manage, operate, maintain and improve the municipal infrastructure and services, including

(I water supply and control and development of water sources, other than systems maintained by the Union and Village Councils;

(ii) sewerage, sewage and sewage treatment and disposal; (iii) storm water drainage;

(iv) sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital wastes;

(v) 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;

(vi) traffic planning, engineering and management including traffic signaling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals;

(vii) street lighting;

(viii) fire fighting;

(ix) parks, playgrounds, open spaces and arboriculture; and

(x) slaughter houses;

(i) compile information provided by Union and Village Councils of prioritized projects in the tehsils;

(j) prepare budget, long term and annual municipal development programmes in collaboration with the Union Councils, under the directions of Tehsil Nazim;

(k) maintain, with the assistance of the District Government, Union and Village Councils, a comprehensive data base and information system for Tehsil Municipal Administration and provide public access to it on nominal charges;

(I) propose taxes, cesses, user fees, rates, rents, tolls, charges, surcharges, levies, fines and penalties under Part III of the Second Schedule for approval of the Tehsil Council and notify the same after such approval;

(m) collect approved taxes, cess, user fees, rates, rents, tolls, charges, fines and penalties;

(n) organize sports, cultural, recreational events, fairs and shows;

(o) organize cattle fairs and cattle markets;

(p) co-ordinate and support municipal functions amongst Unions and Villages;

(q) regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violation thereof as and where applicable;

(r) manage properties, assets and funds vested in the Tehsil Municipal Administration;

(s) develop and manage schemes, including site development in collaboration with District Government and Union Administration;

(t) 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;

(u) prosecute, sue and follow up criminal, civil and recovery proceedings against violators of municipal laws in the courts of competent jurisdiction;

(v) maintain municipal records and archives; and

(w) prepare financial statements and present them for internal and external audit in the manner as may be prescribed.

(2) The Tehsil Municipal Administration may,-

(a) assign or contract out, on such terms and conditions as are approved by the Tehsil Council and after inviting public objections, 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 Tehsil Municipal Administration.

(b) on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council:

Provided that no function or 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 Tehsil Municipal Administration;

(c) by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the District Government;

(d) 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;

(e) with the approval of the Government and concerned regulatory authorities of the Federal Government and Provincial Government, setup, acquire, manage and operate any commercial activity on a self- financing basis with no liability to the public exchequer; and

(f) set-up a corporate body to perform any of its functions, singly or jointly with other public or private bodies:

Provided that responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration.

(3) Notwithstanding anything contained in sub-sections (1) and (2), section 54 and 182, or any other provisions of any law for the time being in force, Government may, for the purposes of better co-ordination, more organized management of developmental works, and more effective administrative and financial control of development authorities, water and sanitation agencies or boards, and solid waste management bodies, by notification in the Official Gazette, constitute a City Development and Municipal Department in a City District to undertake such functions and powers of the District Government or, as the case may be, Town Municipal Administration, as Government may, by notification in the Official Gazette, determine.

54-A Functions and powers of the Town Municipal Administration.— The functions and powers of the Town Municipal Administration shall be to-

(a) prepare, within the framework of the spatial/master plans for the City District, spatial plans for the Town in collaboration with Zilla Council and Union Councils including plans for land use, zoning and functions for which the Town Municipal Advocate, High Court, Peshawar Administration is responsible;

(b) enforce, in additions to its own, all municipal laws for and on behalf of City District Government, if required by such City District Government at the cost and expense of the latter;

(c) execute and manage development plans for the functions which are performed by the Town Municipal Administration;

(d) exercise, within the framework of the spatial and Master plan for the City District, control over land use, land sub-division, land development and zoning by public and private sectors for any purpose, including for agriculture, industry, commerce markets, shopping and other employment centers, residential, recreation, parks, entertainment, passenger and transport freight and transit stations;

(e) prevent and remove encroachment;

(f) procure and compile information provided by Union Councils, Village Councils and Neighbourhood Councils of prioritized projects in the towns;

(g) prepare budget and long term and annual town municipal development programs in collaboration with the Union Councils, under the directions of Town Nazim;

(h) maintain, with the assistance of the City District Government, Union Councils, Village Councils and Neighbourhood Councils, and comprehensive data base and information system for Town Municipal Administration and provide public access to it on nominal charges;

(i) propose taxes, cesses, user fees, rates, tolls, charges, levies, fines and penalties under Part-IV of the Second Schedule for approval of the Town council and notify the same after such approval;

(j) collect taxes, cesses, user fees, rates, rents, tools, charges, fines and penalties;

(k) organize local sports, cultural and recreational events fair and shows; (I) organize cattle fairs and cattle markets;

(m)` regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violations thereof as and where applicable;

(n) manage properties, assets and funds vested in the Town Municipal Administration;

(o) develop and manage schemes, including site development in collaboration with City District Government and Union Administration;

(p) provide, manage, operate, maintain and improve the municipal infrastructure and services, including

I water supply distribution other than integrated systems maintained by or on behalf of the City District;

ii. sewerage system other than an integrated systems maintained by or on behalf of City District excluding sewerage treatment and disposal;

iii. solid waste collection and conveyance to transfer stations designated by the Town but excluding treatment and disposal of waste;

iv. street lighting;

v. fire fighting;

vi. parks, playgrounds, open spaces and arboriculture, other than major facility maintained by the City District; and

vii. slaughter houses;

(q) 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;

(r) prosecute, sue and follow criminal, civil and recovery proceedings against violations of municipal laws;

(s) maintain town municipal records and archives; and

(t) prepare financial statements and present them for internal and external audit in the manner as may be prescribed.

55. Fiscal transfers to Tehsil Municipal Administration.— The Tehsil Municipal Administration shall receive fiscal transfers from the Government in the manner as may be prescribed.

56. Tehsil Nazim.— (1) The Tehsil Nazim shall head the Tehsil Municipal Administration and shall exercise such functions and powers as have been assigned to him under this Ordinance.

(2) The Tehsil Nazim shall be assisted by Tehsil Municipal Officer.

(3) The Tehsil Nazim shall be responsible to ensure that the business of the Tehsil Municipal Administration is carried out in accordance with the provisions of this Ordinance and the laws relating to the municipal services for the time being in force.

57. Functions of Tehsil Nazim.— The functions of Tehsil Nazim shall be-

(a) to provide vision and direction for efficient functioning of the municipal administration;

(b) to formulate strategies for development of municipal infrastructure and improvement of delivery of the municipal services of the tehsil;

(c) to oversee formulation and implementation of long term and annual municipal development programmes;

(d) to oversee the delivery of services by the Tehsil Municipal Administration and implementation of the laws governing the municipal services;

(e) to present the budget proposal to the Tehsil Council for approval;

(f) to present a report in person on the performance to the Tehsil Council at least once in six months;

(g) to supervise the utilization of the funds allocated to the Tehsil Municipal Administration and to ensure their proper accounting;

(h) to establish and supervise the working of the Internal Audit Office; and

(i) to represent Tehsil Municipal Administration on public and ceremonial occasions.

58. Tehsil Municipal Officer.— (1) The Government shall appoint the Tehsil Municipal Officer who shall be the Principal Accounting Officer of the Tehsil Municipal Administration and shall be the focal person

(a for redressing public complaints relating to Tehsil Municipal Administration; and

(b) for liaising with the District Government and the Local Government Commission, through the District Government, for resolution of disputes relating to Tehsil Municipal Administration.

(2) The Tehsil Municipal Officer shall-

(a) ensure that the business of the Tehsil Municipal Administration is carried out in accordance with this Ordinance and any other law relating to municipal services for the time being in force;

(b) co-ordinate the municipal activities of the Tehsil Municipal Administration and Union Administrations within the Tehsil for coherent planning and development of municipal infrastructure and for effective and efficient functioning of the Tehsil Municipal Administration;

(c) exercise general supervision over programmes, projects, services, and activities of the Tehsil Municipal Administration; and

(d) provide information required by the Tehsil Council for the performance of their functions:

Provided that while dealing with the Government, District Government and Local Government Commission, the Tehsil Municipal Officer shall not bypass the Tehsil Nazim.

58-A Town Officer or Tehsil Officer.— The functions and powers of the Town Officer or Tehsil Officer of the Town Municipal Administration or Tehsil Municipal Administration shall be to-

(a) ensure that the business of the office under his administrative control is carried out in accordance with law and the rules and the human and material resources placed at his disposal are optimally utilized to improve governance;

(b) co-ordinate and supervise the activities of the office and ensure efficient service delivery by the functionaries under his administrative control;

(c) supply information to the Monitoring Committees of the Town Councils or Tehsil Councils and Union Councils;

(d) take appropriate corrective actions based on the information received from Monitoring Committee;

(e) enforce relevant Federal, Provincial and Municipal laws and rules;

(f) prepare development plans and propose budgetary allocations for their executions;

(g) implement approved plans and policies;

(h) authorize disbursement of performance bonuses to the employees;

(i) prepare proposals for expenditure necessary for the proper conduct of programmes, projects, services, and other activities;

(j) propose relevant bye laws on service delivery to the Town or Tehsil Municipal Officer; and

(k) act as Department Accounting Officer for his respective office and be responsible to the Accounts Committee of the Town or Tehsil Council.

58B. Performance evaluation of officers of tehsil.— The annual performance report of the officers posted in the Tehsil Municipal Administration shall be initiated by-

(a) the Tehsil Nazim in respect of Tehsil Municipal Officer and the Zilla Nazim shall be the first countersigning officer, while the Secretary, Local Government Department shall be the second countersigning officer:

Provided that the District Coordination Officer shall record in a separate part of the Performance Evaluation Report his evaluation about the Tehsil Municipal Officer’s ability to collect and compile information; and

(b) the Tehsil Municipal Officer in respect of Tehsil Officers:
Provided that the Tehsil Nazim shall be the countersigning officer.]

59. Personal responsibility of Tehsil Nazim.— The Tehsil Nazim shall be
personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.

60. Resignation of Tehsil Nazim.— The Tehsil Nazim may resign from office by tendering resignation in writing addressed to the Chief Executive of the Province.
61. Vacancy of the Office of Tehsil Nazim.— (1) In case the office of Tehsil Nazim falls vacant for reason of his death, resignation or removal or, where in the opinion of the Tehsil Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Tehsil Nazim shall act as

Provided that where the Naib Tehsil Nazim is absent or his office is vacant for any reason, the senior-most presiding officer in the panel elected under sub-section (5) of section 69 shall act as Tehsil Nazim and the next senior- most presiding officer in the panel shall act as Naib Tehsil Nazim till the election of officiating Tehsil Nazim under section 68 or Naib Tehsil Nazim resumes his functions or, as the case may be, a new Naib Tehsil Nazim is elected by the Tehsil Council under section 156:

Provided further that the officiating Tehsil Nazim shall not be a candidate in the election for Tehsil Nazim.

(2) Where a Tehsil Nazim is unable to perform his functions for reason of his temporary absence, he may authorize Naib Tehsil Nazim, in writing, to act on his behalf till he resumes his duties.

62. Omitted

63. Recall of a Tehsil Nazim.— (1) If in the opinion of a member of the Tehsil Council, there is a reason to believe that the Tehsil Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity to improve governance and the delivery of services, he may, seconded by another member of the Council, give a notice to move a motion in the Tehsil Council through Naib Tehsil Nazim for recall of Tehsil Nazim.

(2) On receipt of notice referred to in sub-section (1), the Naib Tehsil Nazim shall summon a session of the Tehsil Council not earlier than three days but not later than seven days, if the Tehsil Council is not already in session.

(3) Where the Tehsil Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipt by the Naib Tehsil Nazim.

(4) Where the motion referred to in sub-section (1) is approved by two- third majority of the votes of the total membership of the Council, through a secret ballot to be conducted by the Returning Officer nominated by the Chief Election Commissioner, the Tehsil Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner accordingly.

(5) Omitted

(6) The Tehsil Nazim shall have the right to appear before the Tehsil Council and address it in his defence.

(7) No motion for recall of Tehsil Nazim shall be moved during the first six months of assumption of office of Tehsil Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

(8) Where the motion referred to in sub-section (1) fails in the Tehsil Council, the proposer and seconder of such motion shall lose their seats both as members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim.]

64. Setting aside an order of Tehsil Nazim.— (1) On a motion initiated by the District Government, the Zilla 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 Tehsil Nazim, if it considers the same to be against the interest of the people or public policy.

(2) The result of the approval of the resolution of the Zilla Council referred to in sub-section (1) shall be notified by the District Government.

64A. Setting aside the order of Tehsil Nazim by the Chief Executive of the Province.— (1) Notwithstanding anything contained in section 64, where, in the opinion of the Chief Executive of the Province, an order or decision of the Tehsil Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

Provided that the Tehsil Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

(2) On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Tehsil Nazim:

Provided that, if no action is taken within ninety days of the suspension of the order or decision of the Tehsil Nazim, such order or, as the case may be, decision shall stand restored.

(3) The quashment of an order or decision referred to in sub section (2) shall be notified by the Government in the official Gazette.]

CHAPTER VI
TEHSIL AND TOWN COUNCILS

65. Composition of Tehsil and Town Councils.— (1) There shall be a Tehsil Council in a tehsil and a Town Council in a town in a City District and shall consist of Naib Nazimeen of all Union Councils in the tehsil or town, as the case may be, and the following members elected on reserved seats, namely: (a such number of women as represents thirty-three percent of the total number of the Unions in the tehsil or, as the case may be, the town;
(b) Such number of peasants and workers as represent five percent of the total number of the Unions in the tehsil or, as the case may be, the town subject to a minimum of one seat; and
(c) such number of persons from minority communities as represent five percent of the total number of the Unions in the tehsil or, as the case may be, the town, subject to a minimum of one seat.

(2) If, in calculating a percentage for the purposes of sub-section (1), the number of reserved seats does not come out to be a whole number and such number is-

(a) less than a half, the number shall be rounded down to the next lower number; or

(b) a half or more, the number shall be rounded up to the next higher number.

(3) The Naib Tehsil Nazim or Naib Town Nazim shall be the Convener of the Tehsil Council or, the Town Council, as the case may be.

(4) The Tehsil Council and Town Council shall have their offices under the Naib Tehsil Nazim or Naib Town Nazim, as the case may be, and shall have separate budget allocations 1[with its Secretary as Drawing and Disbursing Officer and Naib Tehsil Nazim as Principal Accounting Officer].

66. Provisions of Tehsil Council apply to Town Council.— The provisions relating to Tehsil Council shall, 2[subject to section 40,] mutatis mutandis, apply to Town Council and any reference in these provisions to Tehsil Nazim, Naib Tehsil Nazim or Tehsil Municipal Administration shall, respectively, be read as reference to Town Nazim, Naib Town Nazim and Town Municipal Administration.

67. Functions and powers of the Tehsil Council.—The functions and
powers of the Tehsil Council shall be —

(i) to approve taxes, cess, rates, rents, fees, user-charges, tolls, levies, fines and penalties proposed by Tehsil Municipal Administration specified in 1[Part-III] of the Second Schedule;

(ii) to approve bye-laws for delivery of municipal services;

(iii) to approve annual budget and appropriations for the Tehsil Municipal Administration;

(iv) to approve long and short term development plans;

(v) to approve posts of personal staff for the office of Tehsil Nazim and the terms and conditions of their service:

Provided that no post of advisor, special assistant, press or political secretary to the Tehsil Nazim shall be sanctioned or approved.

(vi) to approve land use, zoning and master plan of the tehsil development and maintenance programmes or projects proposed by the Tehsil Municipal Administration;

(vii) to elect Monitoring Committees of the Tehsil Council to monitor the working of the Tehsil Municipal Administration and the provision of municipal services;

(viii) to ensure that the Monitoring Committees perform their functions in a non-intrusive manner without interfering in the day to day working of the relevant offices of the Tehsil Municipal Administration and do not assume a command and control role;

(ix) to review the reports of the Monitoring Committees and make appropriate recommendations to the Tehsil Nazim;

(x) to elect an Code of Conduct Committee which shall be responsible for enforcing the code of ethics for regulating the conduct of the members of the Tehsil Council;

(xi) to elect an Insaaf Committee for interacting with the Insaaf Committee of the Zilla Council;

(xii) to elect Tehsil Accounts Committee to review the audit reports of the accounts of Tehsil Municipal Administration;

(xiii) to review the performance of Tehsil Municipal Administration presented by the Tehsil Nazim;

(xiv) to authorize the Tehsil Municipal Administration, subject to applicable laws and with the prior permission of the Government

(xv) to require, by resolution, the Tehsil Municipal Administration to undertake measures for improvement in the delivery of municipal services.

67-A Functions and powers of the Town Council.— The functions and powers of the Town Council shall be to —

(a) approve taxes, cesses, rates, rents, fees, user charges, tolls, levies, fines and penalties proposed by Town Municipal Administration Specified in Part-IV of the Second Schedule;

(b) approve annual budget and appropriation for the Town Municipal Administration;

(c) approve long and short term development plans;

(d) approve posts of personal staff for the Town Nazim and the terms and conditions of their service to be appointed on contract basis:

Provided that, no post of advisor special assistant; press or political secretary to the Town Nazim shall be sanctioned or approved;

(e) elect monitoring committees of the Town Council to monitor the working of the Town Municipal Administration and the provision of municipal services;

(f) ensure that monitoring committees of the Town Council to monitor the working of the Town Municipal Administration and the provision of municipal services.

(g) review the reports of the monitoring committees and make appropriate recommendations to the Town Nazim.

(h) elect Code of Conduct Committee which shall be responsible for enforcing the code of conduct for regulating the conduct of the members of the Town Council;

(i) elect an Insaaf Committee for interacting with the Insaaf Committee of the Zilla Council;

(j) elect Town Accounts Committee to review the audit reports of the accounts of Town Municipal Administration;

(k) review the performance of Town Municipal Administration presented by the Town Nazim.

(I) recommend by resolution to, City District Government to undertake measures for improving delivery of municipal services to the towns;

(m) to approve bye-laws for delivery of municipal services;

(n) to approve land use, zoning and master plan of the town development and maintenance programmes or projects proposed by the Town Municipal Administration;

(o) to require by resolution, the Town Municipal Administration to undertake measures for improvement in the delivery of municipal service.

68. Power to appoint officiating Tehsil Nazim.— [(1)]-Where the office of Tehsil Nazim falls vacant by reason of his death, resignation or removal, the Tehsil Council shall, from amongst its members, elect an officiating Tehsil Nazim, till a new Tehsil Nazim is elected under the provisions of sub-section (5) of section 156:

Provided that Naib Tehsil Nazim shall convene the meeting of the Tehsil Council for the election of officiating Tehsil Nazim within ten days from the death, resignation or removal of Tehsil Nazim, as the case may be:

Provided further that the officiating Tehsil Nazim shall not be a candidate for the office of Tehsil Nazim in election for Tehsil Nazim.

(2) Where the Naib Tehsil Nazim fails to convene the meeting for election of Officiating Tehsil Nazim from amongst the members of the Council within ten days, the Naib Tehsil Nazim shall be liable to misconduct, and the senior-most presiding officer shall convene the meeting of the Council for such purpose.

69. Conduct of the business of Tehsil Council.— (1) The Tehsil Council shall regulate its business in accordance with the bye-laws made by it.

(2) The Tehsil Council shall meet at least once in every month.

(3) Save as otherwise provided, decisions of the Tehsil 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 Local Government Commission

Provided that the member presiding the meeting shall not vote except in the case of equality of votes.

(4) In the first meeting of the Council to be convened and presided over by the Returning Officer nominated by the Chief Election Commissioner, the members of the Tehsil Council shall elect from amongst themselves a Naib Tehsil Nazim securing majority votes of total membership of the Council through a secret ballot.

(4A) The Naib Tehsil Nazim elected under sub-section (4) shall be the Convener of the Tehsil Council and shall preside its meetings and shall perform such other functions as are assigned to him by the Tehsil Nazim.

(5) After the election of Naib Tehsil Nazim, the Tehsil Council shall, in order of precedence elect a panel of not less than three members as presiding officers securing highest number of votes who shall, in the absence of, or in case of the suspension of, Naib Tehsil Nazim, or where a no confidence motion has been moved against him, convene and preside over the meetings of the Tehsil Council.

(6) The quorum of the meetings of the Tehsil Council shall be fifty-one percent of its total membership.

(7) The meetings of the Tehsil Council shall be open to public, unless the Council, by a resolution, decides to hold any meeting in camera.

(8) The minutes of the meetings of Tehsil Council shall be recorded and maintained by an officer authorized by the Tehsil Council.

70. Address of Tehsil Nazim.— (1) At the commencement of first session of the Tehsil Council after its election and on commencement of first session of every year the Tehsil Nazim shall address the Tehsil Council and shall inform the Council of his plans and programmes for the said year and the performance of the Tehsil Administration during the preceding year.

(2) Notwithstanding anything contained in sub-section (1), the Tehsil Nazim may address the Tehsil Council whenever he deems necessary to associate the Tehsil Council in functioning of the Tehsil Municipal Administration.

70A. Setting aside the resolution of Tehsil Council.— (1) On a motion initiated by the District Government, the Zilla Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside a resolution of the Tehsil Council, if it considers the same to be against the interest of the people or public policy.

(2) The result of the approval of the resolution of the Zilla Council referred to in sub-section (1) shall be notified by the Zilla Council.

70B. Setting aside the resolution of Tehsil Council by the Chief Executive of the Province.— (1) Where, in the opinion of the Chief Executive of the Province, a resolution of Tehsil Council is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Tehsil Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

(2) On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Tehsil Council:

Provided that, if no action is taken within ninety days of suspension of the resolution of the Tehsil Council, such resolution shall stand restored.

(3) The quashment of the resolution referred to in sub-section (2) shall be notified by the Government in the official Gazette.

71. Resignation of Naib Tehsil Nazim.— The Naib Tehsil Nazim may resign from office by tendering resignation in writing addressed to the Tehsil Nazim.

72. No confidence motion against Naib Tehsil Nazim.— (1) If in the opinion of a member of Tehsil Council, there is a reason to believe that the Naib Tehsil Nazim is acting against the public policy or the interest of the people or for any other reason, 2[he has lost confidence of the Council] he may, seconded by another member of the Council, give a notice to the Tehsil Council for moving a motion for removal of Naib Tehsil Nazim.

(2) On receipt of notice referred to in sub-section (1), the senior-most presiding officer in the panel referred to in sub-section (5) of section 69 shall summon a session of Tehsil Council not earlier than three days but not later than seven days, if the Tehsil Council is not already in session.

(3) Where the Tehsil Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipt in the Tehsil Council.

(4) Where the motion referred to in sub-section (1) is approved by majority votes of the total membership of the Council, through a secret ballot, the Naib Tehsil Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner.

(5) Where the Naib Tehsil Nazim is removed under sub-section (4), the Council shall elect a new Naib Tehsil Nazim within a period not later than ten days in the manner specified in sub-section (4) of section 69.]

(6) The Naib Tehsil Nazim shall have the right to 2[address the Tehsil Council] in his defence.

(7) No motion for recall of Naib Tehsil Nazim shall be moved during the first six months of assumption of office of Naib Tehsil Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

(8) Where the motion referred to in sub-section (1) fails in the Tehsil Council, the proposer and seconder of such motion shall lose their seats both as members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim.

73. Joint committees of Councils.— The Tehsil Council may, with the consent of the Zilla Council or adjoining Tehsil Councils or Union Councils, set up joint committees of the Councils for any purpose in which such Councils may be jointly interested and may delegate to such joint committees any power which may be exercised by them, including the power to make bye-laws for their functioning.

CHAPTER VII
UNION ADMINISTRATION

74. Composition of Union Administration.— There shall be constituted a Union Administration for every Union which shall be a body corporate and consist of Union Nazim, Naib Union Nazim and not more than three Union Secretaries and, where required, the members of ancillary staff.

75. Structure of Union Administration.— (1) The Union Nazim shall be the head of the Union Administration.

(2) The Naib Union Nazim shall deputize the Union Nazim during his temporary absence.

(3) The Union Secretaries shall coordinate and facilitate in community development, functioning of the Union Committees and delivery of municipal services under the supervision of Union Nazim:

Provided that functions of the Union may be assigned to one or more Secretaries.

(4) The Union Nazim may declare one of the secretaries of the Union Administration to act as the Principal Accounting Officer of the Union Administration.

76. Functions of the Union Administration.— The functions of Union Administration shall be-

(a) to collect and maintain statistical information for socioeconomic surveys;

(b) to consolidate village and neighbourhood development needs and prioritize them into union-wide development proposals with the approval of the Union Council and make recommendations thereof to the District Government or Tehsil Municipal Administration, as the case may be;

(c) to identify deficiencies in the delivery of services and make recommendations for improvement thereof to the Tehsil Municipal Administration;

(d) to register births, deaths and marriages and issue certificates thereof;

(e) to make proposals to the Union Council for levy of rates and fees specified in the Second Schedule and to collect such rates and fees within the Union;

(f) to establish and maintain libraries;

(g) to organize inter-Village or Neighbourhood sports tournaments, fairs, shows and other cultural and recreational activities;

(h) to disseminate information on matters of public interest;

(i) to improve and maintain public open spaces, public gardens and playgrounds;

(j) to provide and maintain public sources of drinking water, including wells, water pumps, tanks, ponds and other works for the supply of water;

(k) to maintain the lighting of streets, public ways and public places through mutual agreement with the Tehsil Municipal Administration;

(I) to arrange facilities for the handicapped, destitutes and poor;

(m) to provide protection against stray animals and animal trespass, and to establish cattle pounds;

(n) to regulate grazing areas;

(o) to assist the relevant authorities in disasters and natural calamities, and assist in relief activities, including de-silting of canals;

(p) to co-operate with the public, private or voluntary organizations, engaged in activities similar to those of the Union;

(q) to execute the projects of the approved Union Annual Development Plan by contracting out to the private sector in the manner as may be prescribed and to obtain support of the Tehsil Municipal Administration or District Government for such execution; and

(r) to assist the Village Councils or, as the case may be, Neighbourhood Councils in the Union to execute development projects.

77. Assignment of functions to Village Council.— The Union Administration may, subject to such terms and conditions as may be mutually agreed, assign any of its functions to Village Council:

Provided that responsibility for discharge of such functions shall continue to vest with the Union Administration:

Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.

78. Entrustment of functions by District Government, etc.— (1) The District Government or, as the case may be, the Tehsil Municipal Administration may entrust any of its functions to the Union Administration with mutual agreement:

Provided that resources required for carrying out such functions shall be made available to the Union Administration.

(2) The Union Administration may, with the mutual agreement and the funds raised by it through voluntary contributions, undertake development projects or functions of the Tehsil Municipal Administration or the District Government:

Provided that no additional user charges or fees shall be collected from the population benefiting from such projects and functions:

Provided further that for carrying out such functions or completion of such projects, the Union Administration shall not have recourse to public funds or incur any debt.

79. Government to prescribe powers of Union Administration.— The
administrative, financial and regulatory powers of the Union Administration shall be prescribed by the Government.

80. Functions of Union Nazim.— A Union Nazim shall-

(a) provide leadership for Union-wide development and preparation of budget and the annual development plan;

(b) organize the management of inter-villages municipal infrastructure;

(c) assist the Tehsil Municipal Administration in spatial planning process;

(d) constitute Musalihati Jarga;

(e) dispose of the business of Union Administration and shall record the annual Performance Evaluation Report of Union Secretaries and such report shall be countersigned by the Tehsil Municipal Officer; and

(f) report to the concerned authorities in respect of

(I) encroachment on State and local government property and violation of land use and building laws, rules and bye-laws.

(ii) sale and trade of dangerous and offensive articles;

(iii) environmental and health hazards;

(iv) adulteration of articles of food; and

(v) breach of public watercourses, within the area of the union.

81. Personal responsibility of Union Nazim.—The Union Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.

82. Setting aside decisions of Union Nazim.— (1) On a motion initiated by the Tehsil Nazim or Town Nazim, Tehsil Council or, as the case may be, Town Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside an order or decision taken by Union Nazim, if it considers the same to be 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 Council or Town Council, as the case maybe.

82A. Setting aside the order of Union Nazim by the Chief Executive of the Province.— (1) Notwithstanding anything contained in section 82, where, in the opinion of the Chief Executive of the Province, an order or decision of the Union Nazim is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Nazim, suspend such order or, as the case may be, decision and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days:

Provided that the Union Nazim shall be given an opportunity of being heard by the Provincial Local Government Commission before making recommendation to the Chief Executive of the Province.

(2) On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the order or decision of the Union Nazim:
1 Inserted vide the NWFP Local Government (Amendment) Act, 2005.

Provided that, if no action is taken within ninety days of the suspension of the order or decision of the Union Nazim, such order or, as the case may be, decision shall stand restored.

(3) The quashment of an order or decision referred to in sub-section (2) shall be notified by the Government in the official Gazette.

83. Resignation by Union Nazim.— The Union Nazim may resign from his office by tendering resignation in writing addressed to Naib Zilla Nazim.

84 Omitted

85. Recall of Union Nazim.— (1) If in the opinion of a member of Union Council, there is a reason to believe that the Union Nazim is acting against the public policy or the interest of the people or on the ground of inaction or neglect to serve the needs of the people, he may, seconded by another member of the Council, give a notice to move a motion in the Union Council for recall of Union Nazim.

(2) On receipt of notice referred to in sub-section (1), the Naib Union Nazim shall summon a session of Union Council within three days if the Union Council is not already in session.

(3) Where the Union Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipts in the Union Council.

(4) Where the motion referred to in sub-section (1) is approved by two- third majority of the votes of the total membership of the Union Council to be conducted by the Chief Election Commissioner, through a secret ballot, the Union Nazim shall cease to hold office forthwith and the notification shall be issued in this behalf by the Chief Election Commissioner.

(5) The Union Nazim shall have the right to address the Union Council] in his defence.

(6) No motion for recall of Union Nazim shall be moved during the first six months of assumption of office of Union Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

(7) Where the motion fails in the Union Council, the proposer and seconder of such motion shall lose their seats as members of the Union Council.

86. Joint committees of Councils.— The Union Council may, with the consent of the Zilla Council or a Tehsil Council or Town Council or adjoining Union Councils set up joint committees of the Councils for any purpose in which such Councils may be jointly interested and may delegate to such joint committee any power which may be exercised by them, including the power to make bye-laws for their functioning.

CHAPTER VIII
UNION COUNCIL

87. Composition of the Union Council.— (1) There shall be a Union Council in each Union comprising 1[thirteen] following members elected directly in accordance with section 148-

(a) six Muslim members, elected to general seats, including 3[two] reserved for women;

(b) four members, elected to seats reserved for peasants and workers, including two reserved for women;

(c) one member elected to a seat reserved for minority communities; and

(d) Union Nazim and Naib Union Nazim elected as joint candidates:

Provided that in a Union where the population of minorities is in excess of ten percent of the total population of the Union, reserved seats for minority communities referred to in clause (c) shall be increased by reallocating the seats specified in clauses (a) and (b) in the manner prescribed by the Government.

88. Functions of the Union Council.— (1) The functions of the Union Council shall be to-
(a) approve the annual development plan and budgetary proposals of the Union Administration;

(b) approve rates and fees for services specified in 6[Part-V] of the Second Schedule proposed by the Union Administration;

(c) facilitate the formation and functioning of Citizen Community Boards;

(d) assist the Tehsil Council and Town Council in creation of Village and Neighbourhood Councils;

(e) facilitate the formation of co-operatives for improving economic returns and reduction of interstitial poverty;

(f) mobilize the community involvement in maintenance of public ways, public streets, culverts, bridges and public buildings, desilting of canals and other development pursuits;

(g) promote plantation of trees, landscaping and beautification of public places in the Union;

(h) assist Tehsil Municipal Administration in establishment and maintenance of burial and cremation places;

(i) approve the terms and conditions of the employment of Village or Neighbourhood guards and oversee their functioning;

(j) adopt appropriate measures and provide support to the District Government, Tehsil Municipal Administration and Town Municipal Administration for achievement of socio-economic development and improvement of services;

(k) elect Monitoring Committees of the Union, each for municipal services, finance, public safety, health, education, literacy, works and services;

(I) elect an Code of Conduct Committee of the Union Council which shall be responsible for enforcing the code of ethics to regulate the conduct of the members of the Council;

(m) elect a Union Accounts Committee which shall be responsible for examination of the audit reports;

(n) elect an Insaaf Committee which shall be responsible for the selection of the panel of Conciliators of Musalihati Jarga for out of court amicable settlement of disputes;

(o) review the performance of Union Administration and Union Monitoring Committees; and

(p) review the annual statement of accounts and external or special audit reports in respect of the Union Administration.

89. Conduct of the business of Union Council.— (1) The Union Council shall regulate its business in accordance with the by-laws made by it.

(2) The Union Council shall meet at least once in every month.

(3) All decisions of the Union Council shall be taken by resolutions passed by a simple majority of its total membership.

Provided that the member presiding the meeting shall not vote except in the case of equality of votes.

(4) All meetings of the Union Council shall be convened and presided over by the Union Naib Nazim and, in his absence, or where a motion for recall of the Union Naib Nazim has been moved, by a member elected by the Union Council from amongst its members present in the meeting.

(5) The quorum of the meetings of the Union Council shall be fifty-one percent of its total membership.

(6) The meetings of the Union Council shall be open to public, unless the Union Council, by a resolution, decides to hold any meeting in camera.

(7) The minutes of the meetings of Union Council shall be recorded and maintained by an official authorized by the Union Council.

89A. Setting aside the resolution of Union Council.— (1) On a motion initiated by the Tehsil Municipal Administration, the Tehsil Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside a resolution of the Union Council, if it considers the same to be against the interest of the people or public policy.

(2) The result of the approval of the resolution of the Tehsil Council referred to in sub-section (1) shall be notified by the Tehsil Council.

89B. Setting aside the resolution of Union Council by the Chief Executive of the Province.— (1) Where, in the opinion of the Chief Executive of the Province, a resolution of Union Council is not in conformity with law or is against the interest of the people, he may, for the reasons to be recorded and conveyed to the Union Council, suspend such resolution and refer the matter to the Provincial Local Government Commission for an enquiry to be completed not later than ninety days.

(2) On receipt of report of enquiry conducted by the Provincial Local Government Commission, the Chief Executive of the Province may take such action as deemed expedient in the light of such report, including quashment of the resolution of the Union Council:
Provided that, if no action is taken within ninety days of suspension of the resolution of the Union Council, such resolution shall stand restored.

(3) The quashment of the resolution referred to in sub-section (2) shall be notified by the Government in the official Gazette.

90. Address of Union Nazim.— (1) At the commencement of first session of the Union Council after its election and a commencement of first session of every year the Union Nazim shall address the Union Council and shall inform the Council his plans and programmes for the said year and the performance of the Union Administration during the preceding year.

(2) Notwithstanding anything contained in sub-section (1), the Union Nazim may address the Union Council whenever he deems necessary to associate or consult the Union Council in functioning of the Union Administration.

91. Resignation by Naib Union Nazim.— The Naib Union Nazim may resign from his office by tendering resignation in writing addressed to 1[Naib Tehsil Nazim].

92. Recall of Naib Union Nazim.— (1) If in the opinion of a member of Union Council, there is a reason to believe that the Naib Union Nazim is acting against the public policy or the interest of the people or for any other reason, he may, seconded by another member of the Council, move a motion in the Union Council for recall of Naib Union Nazim.

(2) On receipt of notice referred to in sub-section (1), the Union Nazim shall summon a session of Union Council within three days, if the Union Council is not already in session.

(3) Where the Union Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations immediately on its receipt in the Union Council.

(4) If the motion referred to in sub-section (1) is approved by two-third majority of the votes of its total membership, through a secret ballot to be conducted by the Returning Officer nominated by the Chief Election Commissioner, the Naib Union Nazim shall cease to hold office forthwith on approval of the motion by the Union Council.

(5) The Chief Election Commissioner shall notify the result of the approval of the motion by the Union Council.

(6) The Naib Union Nazim shall have the right to 4[address the Union Council] in his defence.

(7) No motion for recall of Naib Union Nazim shall be moved during the first year of assumption of office of Naib Union Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.

(8) Where the motion fails in the Union Council, the proposer and seconder of such motion shall lose their seats as members of the Union Council.

(9) Where the motion against Naib Union Nazim is approved under sub-section (4), the Union Nazim shall cause the election of officiating Naib Union Nazim within ten days from the date of approval of the motion.

CHAPTER IX
VILLAGE AND NEIGHBOURHOOD COUNCILS

93. Declaration of Village and Neighbourhood Councils.— Upon a proposal of the Tehsil Municipal Administration or Town Municipal Administration, as the case may be,

(i) the Tehsil Council may determine and declare by notification a Village or a Neighbourhood in urban areas in the tehsil, to have a Village Council or, as the case may be, Neighbourhood Council, and number of members to be elected for such Councils; and

(ii) the Town Council may determine and declare by notification a Neighbourhood or a Village in the rural areas in the town, to have a Neighbourhood Council or, as the case may be, Village Council, and number of members to be elected for such Councils.

94.` Composition of Village Council and Neighbourhood Council.— (1) The number of members of Village Council and Neighbourhood Council shall be five to eleven members each:

Provided that for each Council one seat shall be reserved for women and one seat for peasants and workers.

(2) The Village Council and Neighbourhood Council shall each be headed by a Chairman who shall be the person securing highest number of votes in the election of Village Council or, as the case may be, Neighbourhood Council.

(3) The Union Nazim shall allocate the work relating to the Village Councils and Neighbourhood Councils in the Union amongst the secretaries posted in the Union Administration.

(4) Every Village Council and Neighbourhood Council shall be a body corporate.

95. Election of Village Council and Neighbourhood Council.— (1) The Tehsil Municipal Administration and Town Municipal Administration 2[may] after declaration of Villages and Neighbourhoods conduct the elections of Village Councils and Neighbourhood Councils as may be prescribed.

(2) District Government shall facilitate and provide necessary support to the Tehsil Municipal Administration and Town Municipal Administration in the elections of Village and Neighbourhood Councils.

(3) Where a Tehsil Council or Town Council does not make declaration referred to in section 93 or where a Tehsil Municipal Administration or, as the case may be, Town Municipal Administration fails to conduct elections of Village Councils or Neighbourhood Councils the District Government 2[may] make such declaration or, as the case may be, conduct the elections of the Village Councils and Neighbourhood Councils within thirty days from the declaration made by it.

(4) The vacancies of the members of the Village Council or, as the case may be, Neighbourhood Council referred to in section 93 shall be filled in by the persons securing highest number of votes.

(5) The term of office of the Village Council and Neighbourhood Council shall correspond to the term of office of the Union Council concerned; provided that the Village Council and Neighbourhood Council shall continue in office until replaced by a new Village Council or a Neighbourhood Council, as the case may be.

96. Functions of Village Council and Neighbourhood Council.— (1) The
functions of the Village and Neighbourhood Councils shall be to-

(a) develop and improve water supply sources;

(b) make arrangements for sanitation, cleanliness and disposal of garbage and carcasses;

(c) develop sites for drinking and bathing of cattle;

(d) take measures to prevent contamination of water;

(e) prevent and abate nuisances in public ways, public streets and public places;

(f) organize watch and ward in the Village and Neighbourhood through unarmed Village or Neighbourhood guards;

(g) organize Village and Neighbourhood sports teams, cultural, and recreational activities;

(h) mobilize voluntary resources, including physical labour, property and cash contributions for municipal activities in the Village and Neighbourhood;

(i) facilitate the formation of co-operatives for improving economic returns and reduction of interstitial poverty and consumer protection;

(j) report cases of handicapped, destitute, and of extreme poverty to the Union Administration;

(k) mobilize the community involvement in maintenance of public streets, play grounds, parks, culverts and public buildings, desilting of canals and watercourses; and

(I) promote plantation of trees, landscaping and beautification of the Village and Neighbourhood.

(2) The Village Council and Neighbourhood Council shall assist Union Administration in-

(a) conducting surveys in the Village and Neighbourhood and collecting socio-economic data;

(b) selecting sites for providing municipal facilities and services to the Village or Neighbourhood;

(c) identifying encroachments;

(d) managing burial places and cremation grounds of the village;

(e) managing and lighting of Village or Neighbourhood roads, streets, and paths; and

(f) collecting land revenue and other taxes.

(3) A Village Council or Neighbourhood Council may, subject to such terms and conditions as may be mutually agreed, entrust any of its functions to the Union Administration:

Provided that responsibility for discharge of such functions shall continue to vest with the Village Council or, as the case may be, Neighbourhood Council:

Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.

97. Village Council and Neighbourhood Council to develop facilities.— (1) The Village Council and Neighbourhood Council may, with funds raised through voluntary contributions or on self help basis, develop and maintain municipal and community welfare facilities.

(2) Village Council and Neighbourhood Council shall facilitate creation of the Citizen Community Boards for development and maintenance of municipal and community welfare facilities.

CHAPTERX
CITIZEN COMMUNITY BOARD

98 Composition of Citizen Community Board.— (1) In every local area, groups of non elected citizens may, through voluntary, proactive and self help initiatives, set up any number of Citizen Community Boards.

(2) Such Citizen Community Board shall be set up for the purposes of, inter alia, —

(a) energizing the community for development and improvement in service delivery;

(b) development and management of a new or existing public facility;

(c) identification of development and municipal needs;

(d) mobilization of stakeholders for community involvement in the improvement and maintenance of facilities;

(e) welfare of the handicapped, destitute, widows and families in extreme poverty;

(f) establishment of farming, marketing and consumers cooperatives; provided that grants will be available subject to section 119 of this Ordinance, and reinforcing the capacity of a special Monitoring Committee at the behest of the concerned Council.

(3) Notwithstanding anything to the contrary contained in sub-section (1), no person shall be eligible to set up a Citizen Community Board or become its member or hold the office of the Chairman or Secretary of the Citizen Community Board, if such person:

(4) In carrying out its purposes, a Citizen Community Board may interact with voluntary organizations for community welfare.

(5) The Citizen Community Board shall be set up, registered with the registration authority, and carry on its functions and activities in such manner and subject to such rules as may be prescribed.

(6) The Citizen Community Board shall have a general body of its members who shall elect a Chairman, Executive Committee and a Secretary of the Board for carrying out its functions.

(7) The term of office of the Chairman, members of the Executive Committee and Secretary of the Citizen Community Board shall be two years extendable through election for a similar term or terms by the general body.

(8) The liability of the Executive Committee of a Citizen Community Board, its officers and members shall be as prescribed.]

99. Conduct of Business.— (1) All business of the Citizen Community Board shall be disposed of in its meetings which shall be presided over by the Chairman.

(2) The Executive Committee of the Citizen Community Board shall hold its meetings at least once in every three months.

(3) The quorum of the meetings of the Executive Committee of the Citizen Community Board shall be forty per centum of the total membership of the Executive Committee.

(4) The quorum of the meetings of the general body of the Citizen Community Board shall be one fourth of its total membership.

(5) The Secretary of the Citizen Community Board shall be responsible for recording the proceedings of the meetings and maintaining financial and accounting record.

(6 he Secretary shall present the annual statement of accounts in the annual meeting of the Citizen Community Board and, after its approval, the statement shall be submitted to the registration authority , or such other authority as may be prescribed, within thirty days or such other time period as specified in this behalf.]

(7) The Citizen Community Board may, in its general meeting, remove any office bearer or member by a resolution on account of unsatisfactory performance or misconduct.

(8) The Chairman and Secretary shall be responsible for safe custody and management of property and assets of the Citizen Community Board.

(9) All funds of the Citizen Community Board shall be kept in a bank or post office and all transactions shall be made through cheques.

(10) The accounts of the Citizen Community Board shall be operated jointly by the Chairman and the Secretary.

(11) The accounts of the Citizen Community Board shall be maintained by the Secretary.

100. Raising of funds by Citizen Community Board.— (1) Citizen Community Board may raise funds through voluntary contributions, gifts, donations, grants and endowments for its declared purposes without compromising the larger interest of the community.

(2) A Citizen Community Board may also receive project-based cost sharing support from any local government in accordance with the provisions of this Ordinance.
2[1O1 Citizen Community Board to be a non-profit organization.— (1) A Citizen Community Board shall be a non-profit organization and its income and assets shall be used solely for the attainment of its objectives.

(2) The properties and income of a Citizen Community Board shall vest, and be held, in the name of its Executive Committee. It shall sue and be sued in the name of its Executive Committee. No portion of its income shall be

(3) If a Citizen Community Board is not carrying on its functions and activities in accordance with this Ordinance, the registration authority may appoint an administrator, with such powers and functions as the registration authority deems appropriate, to run its affairs, take over its assets, its dissolution, holding fresh elections or for the disposal of any other matter.

(4) Where a local government has contributed towards creation of any assets or funds of a Citizen Community Board, in case of dissolution or deregistration, its assets shall pass on to such local government and the assets shall continue to be used for community welfare by the local government through any of its agencies or any other Citizen Community Board designated by such local government in this behalf.

(5) The accounts of the Citizen Community Board shall be subject to audit as may be prescribed.

CHAPTER XI
MUSALIHATI JARGA

102. Constitution of Musalihati Jarga.— (1) In each Union, a Musalihati Jarga shall be constituted consisting of a panel of three Musleheen (Conciliators) one of whom shall be its Convener, to be selected by the Insaf Committee of the Union Council, within thirty days after its election, from amongst the residents of the Union who are publicly known to be persons of integrity, good judgment and command respect:

Provided that the Union Nazim, Naib Union Nazim or the members of the Union Council may not be appointed as Musleheen (Conciliators).

(2) Any casual vacancy in the panel of Musleheen (Conciliators) shall be filled by the Insaf Committee, as soon as practicable after occurrence thereof.

(3) The Musleheen (Conciliators) shall be selected for the term of the Union Council or until replaced earlier:

Provided that Musleheen (Conciliators) shall be eligible for re-selection.

(4) Where in the opinion of the Insaf Committee, a Musleh (Conciliator) is accused of consistent partiality and malpractices in performance of his functions, the Insaf Committee may, subject to notice to show cause, remove such Musleh (Conciliator) and select another Musleh (Conciliator) in his place.

103. Encouragement for amicable settlement of disputes.— (1) The Union Nazim, members of the Insaf Committee and Musleheen (Conciliators) shall use their good offices to achieve the amicable settlement of disputes amongst the people in the Union through mediation, conciliation and arbitration, whether or not any proceedings have been instituted in a court of law in respect of such disputes:

Provided that such settlement shall be carried out in such case where all parties to the dispute agree thereto and no fee shall be charged for such settlement:

Provided further that in bringing parties in dispute to an amicable settlement, Musalihati Jarga shall have regard to the provisions of the section 345 of the Code of Criminal Procedure, 1898 (V of 1898), Hudood Laws and all other laws for the time being in force whereunder certain offences are not compoundable:

Provided also that every settlement brought about by Musalihati Jarga in a case pending before a court shall be subject to the approval of such court.]

Explanation. — For the purpose of this section, the expression ‘dispute’ relates to disputes amongst the individuals, whether of civil or criminal nature.

104. Courts may refer cases to Musalihati Jarga.— (1) Any court of competent jurisdiction may, in a case where it deems appropriate, refer a matter to the Musalihati Jarga through the Union Nazim for settlement.

(2) The court making a reference to Musalihati Jarga for settlement of a dispute under subsection (1) may lay down the procedure for summoning the parties to the dispute, the terms of reference, the period during which settlement is to be made, the manner in which report of the settlement is to be submitted and such other matters as it may deem appropriate for resolution of the dispute:

Provided that no matter in the cases:

(i) falling within the purview of Hudood Laws, including Hudood Ordinances and Order;

(ii) by or against the Federal Government or a Provincial Government or any statuary body or a body which is controlled by any such Government, or in which any of such Government has a controlling share or interest; or

(ii) by or against persons under legal disabilities shall be referred for such (conciliation).

(3) Where on a reference made by the court under subsection (1), the dispute is settled between the parties, the court may make such settlement as rule of the court.

(4) The Musalihati Jarga shall inform the court if the dispute is not settled within the time fixed by the court or, may ask for extension in time for settlement of the dispute.

105. Appointment of Musleh (Conciliator) for individual cases.—Where in a dispute the parties request for appointment of a person other than the Musleheen (Conciliators) in the panel referred to in section 102 in a particular case as a Musleh (Conciliator), the Union Nazim may, in consultation with the Insaf Committee, appoint such person as Musleh (Conciliator) for that case.

106. Procedure of settlement of disputes.—(1) The Convener of the Musalihati Jarga selected under section 102 shall-

(a) convene meetings of the Musalihati Jarga as necessary and at such place or places in the union as he considers appropriate; and

(b) conduct the proceedings in an informal manner as he considers with the object to bring an amicable settlement between the parties.

(2) No legal practitioners shall be permitted to take part in the proceedings on behalf of any party.

(3) The report of the Musleheen (Conciliators) shall be recorded in writing, copies thereof shall be provided to the parties attested by the Secretary of the Union, and the original shall be submitted to the Court for making the settlement as rule of the Court.

CHAPTER XII
LOCAL GOVERNMENT FINANCE

107. Establishment of Local Funds and Public Accounts.— There shall be established a District Fund, a 2[Tehsil Local Fund], a Town Local Fund and a Union Local Fund, as the case may be for each respective Local Government.

(2) All revenues received by a Local Government Fund including:

(a) monies transferred by another Local Government under this Ordinance.;

(b) grants made to or monies received by a Local Government from the Government or other authorities in Pakistan.

(C) the proceeds of taxes or charges levied by a Local Government under this Ordinance;

(d) rents and profits payable or accruing to a Local Government from immovable property vested in or controlled or managed by it;

(e) proceeds or any other profits howsoever known or called from bank accounts, investments of commercial enterprises of a Local Government;

(f) gifts, grants or contributions to a Local Government by individual or institutions;

(g) income accruing from markets or fairs regulate by a Local Government;

(h) fines paid with respect to offences under this Ordinance or by laws or under any other law for the time being in force in which provision is made for the fines to be credited to the Funds established under this Ordinance;

(i) proceeds from other sources of income which are placed at the disposal of a Local Government under directions of the Government; and

(3) All other moneys including-

108. Custody of Funds.— Monies credited to a Local Government Fund or a Public Account 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 and shall be operated through the Accounts 1[official] specified under section 114 of the concerned Local Government.

109. Application of Funds.— (1) The monies credited to a Fund shall be expended by 2[a] Local Government in accordance with the annual budget and Supplementary Budget approved by its Council.

(2) A local government may transfer approved budgeted amounts to any local government, Village Council or Neighbourhood Council or Citizen Community Board.

(3) No local government shall transfer monies to a higher level of government except by way of repayment of debts contracted before the coming into force of this Ordinance or for carrying out deposit works.

(4) The application of a fund of Local Government shall as provided by a council be subjected to budgetary constraints by ratio to be prescribed for development works and expenditure on establishment3[:]

Provided that the schedule of establishment shall be maintained by the local governments as may be prescribed.

(5) The development budget shall be prioritized in accordance with the bottom up planning system as laid down in section 119.

Provided that not less than twenty five percent of the development budget shall be set apart for utilization in accordance with the provisions of section 119:

Provided further that the amount referred to in the first proviso which remains unspent shall be credited under the same head in the following year’s budget in addition to the fresh allocation under the said proviso.

(6) Where a new Local Government is to take over during a financial year as a result of fresh elections, the outgoing Local Government shall not spend funds or make commitments for any expenditure, under any Demand for grant or Appropriation, in excess of eight per sent per men sum of the budgeted funds for remainder of its term in office in that financial year.

(7) In every budget a provision 1[shall] be made for payment of performance incentive bonuses 2[as prescribed].

(8)` Expenditure from the Fund of a local government on a new post or filling of existing vacant post or total establishment expenditures, as the case may be, in a financial year shall not increase more than ten percent in total from the actual establishment expenditures of the previous year:

Provided that this sub-section shall not apply to a general salary increase of existing schedule of establishment prescribed by the Government.

110. Charged Expenditure.— The following expenditure shall be treated as charged expenditure:

(a) n relating to District Fund:

(i) the budget of the Zilla council;

(ii) any sum to satisfy any judgment, decree or award against a Local Government by any Court or Tribunal;

(iii) all sums to be paid in connection with the administration of the functions of the Zilla Mohtasib; and

(iv) interest payments.

(b) In relation to Tehsil or Town or Union 4[Local] Fund:

(i) the budget of the Tehsil or Town Council the case may be, the Union Council;

(iii) any sum to satisfy any judgment, decree or award against a Local Government by any Court or Tribunal; and

(iv) Interest payments:

Provided any other expenditure may be declared as charged expenditure as prescribed.

111. Budget Preparation.— (1) The annual budget for each Local Government shall contain estimates of:

(a) grants-in-aid from the 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) To enable the budget preparation by Local Government, the Government shall, sufficiently before the beginning of each financial year, notify the provisional shares, which may be credited to the Fund of 1[a Local Government] from the Provincial Allocable amount.

(3) omitted

(4) Each District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall re appropriate budgetary provisions in accordance with the re-appropriation powers delegated to them by the respective Council as prescribed:

Provided that at the end of a financial year a full statement of all reappropriations made shall be submitted to the Council.

(5) No demand for a grant shall be made except on the recommendation of the Nazim.

(6) Conditional grants from the provincial retained amount will be shown separately in the budget and will be governed by conditions provided therein.

(7) Before the commencement of a financial year each Local Government shall, for its Fund, prepare in the prescribed manner, a budget for that year, in conformity with the provisions of section 119.

(8) The budget document shall be prepared in accordance with the Chart of Classification of Accounts notified by the Auditor-General from time to time.

112. Approval of Budget.— (1) Following the presentation of the Provincial budget but, before the commencement of the next financial year, each Nazim

Provided that the charged expenditure may be discussed but shall not be voted upon by the Councils.

(2) When a Local Government assumed office for the first time, it may within ten weeks, present to the respective Council a budget for the remaining part of the financial year for approval.

(3) The budget of a Local Government shall be approved by simple majority of the total membership of the respective Council

Provided that the Government may review approved budget of a local government and, if found contrary to the budget rules, may require the concerned local government to rectify it.

(4) No other business shall be taken up by a Council during the budget session.

(5) In case a budget is not approved by a Council before the commencement of a financial year, the concerned local government shall spend money under various heads in accordance with the budgetary provisions of the preceding financial year for a period not exceeding thirty days on pro-rata basis:

Provided that a local government shall not spend funds or make commitments for any expenditure, under any Demand for Grant or Appropriation, in excess of eight percent of the amount budgeted in the preceding year within such thirty days.

(5A) In case the budget is not passed within the thirty days referred to in sub-section (5), the budget shall be prepared, approved and authenticated by the Government for the full year.]

(6) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year shall be prepared by a Local Government and approved by its Council.

(7) A budget shall not be approved if:

(a) the sums required to meet estimate expenditures exceed the estimated receipts; and

(b) the constraints specified in section 119 have not been compiled with.

(8) After approval by the Council, the Nazim] shall authenticate by his signature a Schedule specifying the:

(a) grants made or deemed to have been made by the District, Tehsil, Town or Union Council; and

(b) the several sums required to meet the expenditure charged upon the District, Tehsil, Town or Union Fund.

(9) The Schedule so authenticated shall be laid before the Council, but shall not be open to discussion or vote thereon.

(10) The Schedule so authenticated shall be communicated to the respective Accounts officials as specified in Section 114 of this Ordinance and the Provincial Finance Department.

113. Honoraria and Allowances.— Each Local Government 3[shall] make budgetary provisions for honoraria and allowances of the Nazims, Naib Nazims, and members of the Council concerned4[.]

114 accounts.— (1) The accounts of the receipts and expenditure of local government shall be kept in such form and in accordance with such principles and methods as the Auditor General of Pakistan may, with the approval of the President prescribe:

Provided that the accounts of receipt and expenditure of Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall, till such time that adequate capacity is developed to conform to the national accounting system prescribed by the Auditor General of Pakistan, be kept in such form and in accordance with such principles and methods as Government may prescribe.]

(2) The following arrangement for maintaining of accounts shall be followed:
(a) the District Accounts Officer (of a Treasury Officer where a District Administration Officer does not exist) shall maintain the accounts of each District Government for each stream of revenue inflows to a District separately:

Provided in City District, the District Accounts Officer shall also maintain the accounts of each Town for each stream of revenue inflows to a Town separately;
(b)the Tehsil Accounts Officer/Town Accounts Officer and Union Accountant shall maintain the accounts of the Tehsil or Town Municipal Administration or the Union Administration as the case may be for each stream of revenue inflows separately; (c)the District Accounts Officer, Tehsil Accounts Officer and the Union Accountant shall perform pre-audit of all payments from the Funds of the District, Tehsil or Town and Union, as the case may be, before approving the disbursements of monies. The preaudit shall be conducted in accordance with the pre-audit checks prescribed by Auditor General of Pakistan from time to time.

(2-a) The accounts of the Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall be maintained in the prescribed manner, and

(3) The District Accounts Officer shall consolidate the district accounts separately for the Provincial Allocable Amount and Local resources with the compiled accounts of the Tehsil, town Account Office and Union Account Office monthly and annually and send a copy to the Provincial Finance Department, Accountant General, and the respective Nazim.

(4) A statement of monthly and annual Accounts and such other necessary statements shall be place at a conspicuous place by the Local Government concerned for public inspection.

(5) The respective Accounts Committees of the Councils shall hold public hearings in which:

(6) The respective Accounts Committees of the Councils shall hold public hearings in which

(a objections to statement of accounts referred to in sub-section (5) may be heard and, if required, appropriate action may be taken; and

(b) internal and external Audit Reports will be discussed for appropriate action.]

115. 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 the local governments for each financial year, showing under the respective heads the annual receipt and disbursements for the purposes of each local government and shall submit the certified accounts with such notes, comments or recommendations as he may consider necessary to the respective Nazim:

Provided that the audit of the Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall be conducted by the Local Fund Audit Department in the prescribed manner 2[for such period as may be determined] by the Auditor General of Pakistan.

(2) The Nazim shall cause the audit report to be submitted to the respective Council and the Council shall refer to its Accounts Committee for examination

(3) The Auditor General, in the case of District Government, and the Director Local Fund Audit, in the case of Tehsil Municipal Administration, Town Municipal Administration and Union Administration, as the case may be shall have the authority to audit and report on the accounts of stores and stock kept in any office of a local government.

(4) The Auditor General, in the case of District Government, and the Director Local Fund Audit, in the case of Tehsil Municipal Administration, Town Municipal Administration and Union Administration, as the case may be, shall —

(a) audit all expenditure from the local government Fund to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it;

(b) audit all transactions of the local governments relating to Public Accounts;

(c) audit all trading, manufacturing, profit and loss accounts of a local government; and

(d) audit all receipts which are payable into a local government Fund and to satisfy himself that all such receipts which are payable into a local government Fund have been properly and correctly deposited and rules and procedures relating to such receipts having been fully observed.

(5) The Auditor General in the case of District Government, and the Director Local Audit Fund, in the case of Tehsil Municipal Administration, Town Municipal Administration and Union Administration, as the case may be, shall have the authority—

(a) to inspect any office of accounts, under the control of a local government, including treasuries, and such other offices which are responsible for the keeping of initial or subsidiary accounts;

(b) to require that any accounts, books, papers and other documents which deal with, or for the basis of, or otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may direct for his inspection;

(c) to inquire or make such observations as he may consider necessary, and to call for such information as he may require for the purpose of the audit, and the officials shall afford all facilities and provide record for audit and inspection and comply with requests for information in as complete a form as possible and with all reasonable expedition.

(6) Upon request of a Nazim, the Auditor General, in the case of
District Government, and the Director Local Fund Audit, in the case of Tehsil
Municipal Administration, Town Municipal Administration and Union
Administration, as the case may be, shall cause a special audit of that local government’s accounts to be undertaken and shall forward his report to the Nazim, who shall cause the same to be submitted to the respective Council for necessary action.

(7) The Auditor General, in the case of District Government, and the Director Local Fund Audit, in the case of Tehsil Municipal Administration, Town Municipal .Administration and Union Administration, as the case may be, shall have access to all the books and documents pertaining to the accounts and may also examine any public servant or premises of the local government concerned.

(8) The Auditor General, in the case of District Government, and the Director Local Fund Audit, in the case of Tehsil Municipal Administration, Town Municipal Administration and Union Administration, as the case may be, shall perform functions and exercise powers in relation to audit of the accounts of the companies, authorities, bodies or corporations owned or managed by a local government.]

(9) Notwithstanding anything contained in sub-sections (3), (4), (5), (6), (7) and (8) the Auditor-General may, by notification in the official Gazette, direct the Local Fund Audit Department, including the Director Local Fund Audit, to stop the audit of Tehsil, Town and Union Administration, whereafter only the Auditor-General of Pakistan shall audit such accounts.

115-A Internal Audit.— (1) Nazim of each District Government and Tehsil
Municipal Administration or Town Municipal Administration shall appoint an
Internal Auditor 2[as may be prescribed.]

(2) Internal audit shall be an independent, objective assurance consulting activity designed to add value and improve a Local Government’s operations and shall help the Local Government accomplish the objectives by bringing a systematic and disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.

(3) The Internal Auditor shall serve as a principal support person to respective Naizm of District Government or Tehsil or Town Municipal Administration by providing information to him and members of the respective Council on Local Government performance.

116. Taxes to be levied.— (1) A Council may levy taxes, cesses, fees, rates, rents, tolls, charge, surcharge and levies specified in the Second Schedule:

Provided that the Government shall vet the tax proposal prior to the approval by the concerned Council:

Provided further that the proposal shall be vetted within thirty days from the date of receipt of the proposal failing which it would deemed to have been vetted by the Government.

(2) No tax shall be levied without previous publication of the tax proposal and after inviting and hearing public objections.

(3) A Council may, subject to provisos of sub-section (1), increase, reduce, suspend, abolish or exempt any tax.

117 Rating Areas and Property Tax.— (1) On commencement of this
Ordinance, every Tehsil and Town shall be rating areas within the meaning of the
North-West Frontier Province Urban Immovable Property Tax Act 1958 (W.P. Act
V of 1958).

(2) The Tehsil Council or Town Council, as the case may be, shall subject to the provisions of section 116, determine the rate of property tax in an areas within the Tehsil or Town;

Provided that in the areas within a Tehsil or Town 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 and Town shall remain in force.

Provided that if Government fails to convey a decision for or against a taxation proposal under this section with in 30 days of the receipt of the proposal, it shall be presumed that Government has approved the proposal.

(2) No tax shall be levied without previous publication of the tax proposal and without inviting and considering/hearing public objections.

(3) A Council may reduce, suspend or abolish a tax” substituted vide the NWFP Local Government (Amendment) Act, 2005.

Provided that in the areas within a Tehsil or Town where rate has been determined, the rate shall remain as zero:

Provided further that the Provincial Government shall retain ten percent of the proceeds as collection charges. (3)

Unless varied under sub-section (2) above, the existing rates in the areas within a Tehsil and Town shall remain in

Explanation.- For the purpose of this section the “rate” shall mean the tax leviable under the North-West Frontier

Province Urban Immovable Properly Tax Act (W.P. Act V of 1958), 1958” substituted vide the NWFP Local Government

Explanation: For the purpose of this section the “rate” shall mean the tax leviable under the North-West Frontier Province Urban Immovable Properly Tax Act 1958 (W.P. Act V of 1958).

118. Collection of Taxes.— All taxes levied under this Ordinance shall be collected in the prescribed manner

(2) Failure to pay any tax and other money claimable under this Ordinance shall be an offence and the arrears shall be recovered as arrears of land revenue.

119. Bottom up Planning and the Ownership Incentive System.— (1) Before the beginning of the financial year the respective Local Government shall lay down and announce the classification of development schemes to be undertaken exclusively under the provisions of this Section.

(2) A local government may grant to the Citizen Community Boards within its local area, up to eighty percent of an approved development scheme in the manner prescribed:

Provided that a scheme shall be deemed to be an approved scheme if-

a) the prescribed departmental procedure for estimating the cost of the scheme has been followed;

(b) the estimating officer certifies that the scheme meets the requirements laid down by law;

(c) the Citizen Community Board has deposited its share of the cost of the development scheme with concerned local government; and

(d) the complete departmental estimates and the proof of deposit of the Citizen Community Board’s contribution are attached.

(3) he grant referred to in sub-section (2) above shall be spent from the reserved twenty five percent of the annual development budget as provided in sub-section (5) of section 109

Provided that any amount, which remains unspent, shall be credited under the same head in the following year’s budget in addition to the fresh allocation for that year.

(4) A cut off date for submission of all schemes proposed by the Citizen Community Boards shall be announced by the local government concerned before the presentation of its budget.

(5) The respective local government shall authorize an 2[official] to draw up a statement specifying the schemes submitted 3[by the cut off date specified in sub-section (4)] by classification including the total amount of contributions for a particular classification of schemes.

(6) A second statement shall determine contributions for a particular classification of schemes as a ratio of the total contributions for all schemes submitted with a particular Local Government for that year and the statement shall be used to determine amounts of allocations for a classification of schemes from the budget reserved for the purpose.

(7) A third statement shall be drawn up which shall identify the number of schemes submitted in a particular classification, beginning with the scheme containing the highest contribution by the Citizen Community Board in a classification until all the schemes in the classification are selected or the funds allocated for the particular classification in the amount determined in sub-section (6) are exhausted.

(8) The twenty five percent funds for Citizen Community Boards under sub-section (6) of section 109 shall be communicated to the authorized official under sub-section (5) above by the Executive District Officer (Finance and Planning) for a District Government and the Tehsil or Town Officer (Finance) for a Tehsil or Town Municipal Administration, as the case may be, and one of the Union Secretaries for a Union Administration.

(9) The identified schemes shall be included in the budget before submission to the concerned Council.

(10) The statement referred to in sub-section (7) above shall be approved by a simple majority of the members in the budget session of the respective Council.

(11) The schemes approved by the respective Councils shall be carried out as prescribed.

(12) Subject to sub-section (10), the Accounts Official of the respective Local Government shall release funds in the prescribed manner in accordance with the schedule of expenditure.

120. 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 Federal Government or Provincial Government.

CHAPTER XII-A
PROVINCIAL FINANCE COMMISSION AND FISCAL TRANSFERS

120-A Establishment of Provincial Finance Commission.-The Governor shall forthwith constitute a Provincial Finance Commission for the North -West Frontier Province hereinafter referred to as the Finance Commission.

120-B Membership.— (1)The Finance Commission shall consist of ten members, including the Chairman, as under:

(a) four members shall be ox-officio, namely:

(i) the Minister for Finance of Government, who shall be the Chairman of the Finance Commission and, in his absence for whatsoever reasons, the members may elect one of the members present to be Chairman in the manner prescribed for the duration of his absence;

(ii) the Secretary to the Government, Local Government and Rural Development Department;

(iii) the Secretary to the Government, Finance Department, who shall be the Secretary of the Commission; and

(iv) the Secretary to the Government, Planning and Development Department;

(b) three professional members from the private sector to be appointed in the manner stated in the Seventh Schedule; and

(c) one Zilla Nazim, one Tehsil or Town Nazim and one Union Nazim.

Explanation.— For the purposes of this Chapter, “private sector person” means a person who is not in the Service of Pakistan or any statutory body or any other body which is owned or controlled by the Federal Government or the Provincial Government or a local government.]

(2) The Finance Department shall provide the Secretariat support, headed by a Senior officer, to the Finance Commission.

(3) The Professional members of the Finance Commission shall be appointed by the Governor from amongst experts in economics, finance and

120-C. Eligibility for further appointment.— A professional member shall be eligible to be re-appointed 4[for another term] but shall not, in any case, be eligible for appointment in the Service of Pakistan or any Local Government for a period of two years, commencing from the date of relinquishment of his office.

120D. Functions, duties and powers of the Finance Commission.— (1) The
functions, duties and powers of the Finance Commission shall be to make recommendations to the Governor for-

120E. Certain institutional processes of the Finance Commission.— (1) In every financial year, at least three months before the finalization of the Provincial Budget, the Finance Commission shall require the Finance Department to submit a statement of estimated revenues and expenditures of Government for the following financial year and shall also require a statement of the Provincial Allocable Amount and its distribution prepared in the light of the Order under subsection (6) of section 120D.

(2) The Finance Department shall provide the Finance Commission with a statement of the Provincial Allocable Amount and its distribution, prepared in accordance with the Order under sub-section (6) of section 120D, on approval of the Provincial Budget.

(3) The Finance Commission may cause any information required for making assessments and decisions on fiscal transfers to be placed before it from any organization or office of Government, or local government.

(4) The Finance Commission shall take all decisions be a majority of members present and voting.

(5) It shall be the duty of the Finance Commission to present to the Government annually a report on the analysis of the fiscal transfers and Local Government resources and the Government shall cause a copy of the report to be laid before the Provincial Assembly and the District Councils” substituted vide the NWFP Local Government (Amendment) Act, 2005.

120F. Provincial Allocable Amount and composite balance.— (1) The
Provincial Allocable Amount reflected in the annual budget proposer of the Province shall be in accordance with the Order specified in sub-section (6) of section 120D.

(2) All local government funds in a Province, except the Union Funds, may form part of the composite cash balance of the Province only for the purpose of calculating the overdraft requirement of the Province.

120-G Omitted

12oH. Formula, its application and revision.— (1) The Provincial Allocable
Amount and shares of the local governments shall be determined in accordance
with the Order and shall be paid on the basis of actual monthly receipts of
Government.

(2) The decision of the Governor under sub-section (1) shall remain in force for a period of three years, and no revision shall be made before the expiry of said period.

(3) At least six months before the expiry of the time period of the formula, as given in sub-section (2), the revision of he formulate shall be recommended by the Finance Commission on the basis of evaluation of impact of fiscal transfers on the Local Governments and other relevant matters:

Provided that the Finance Commission may also consider such factors at the instance of the Government in the formulation of its recommendations.

(4) Any evaluation similar to the objectives of sub-section (3) carried out by an agency other than the Finance Commission may also be taken into consideration by the Finance Commission.

(5) Until the finalization of the aforesaid formulae for the next period in accordance with sub-section (2) of section 120- D, whether within or without the stipulated period, the formulae for the time being in force shall continue to serve. Explanation.-l For the purposes of this section, revision’ may include formulation of new formulae to replace the existing formulae in force under section 120-D” substituted vide the NWFP Local Government (Amendment) Act, 2005.

120-I Procuring of data.— (1) The data required for the formulation and application of the formulae shall be procured by the Finance Commission from the Federal, Provincial or a Local Government, or from any authority, corporation, body, or organization established by or under law or which is owned or controlled by any Government or in which any of the Government has a controlling share or interest or any other source.

(2) The Finance Commission may, where it deems appropriate, institute data collection or recommend such data collection to any agency and may also recommend to the Government to bear the case of collection.

120-J Ensuring flow of funds to Local Governments.— (1) The Government and the Local Government shall provide reports to the Finance Commission 1[in accordance with the timeframe and methodology for the flow of funds prescribed by the Finance Commission.

120-K Reference by Provincial Government or Local Government to the Finance Commission.— The Government or a Local Government may seek redress of grievance relating to any matter connected with fiscal transfer by the Government concerning itself, or another Local Government by making a reference to the Finance Commission along with the grounds of such grievance where upon the Finance Commission may 2[take a decision] for the purpose to redress the grievance:

Provided that 3[the decision] so made shall not change the decision in force under section 1 20-D or the share of the Local Governments thereunder.

120-L Rules of Business of the Finance Commission.-Notwithstanding
anything to the contrary contained in section 191 of this Ordinance, the

120-LL Procedural powers of the Finance Commission.— Nothing containing in this Chapter shall be construed to impose limits on the powers of the Finance Commission under any law for the time being in force as regards calling for any information relating to fiscal transfer formula and transfer of funds and the Finance Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908).]

120-M Interim Formula to continue.- Unless modified by Finance
Commission, the interim formula recommended by the Provincial Finance
Committee, and the award, if any, notified under the order of the Governor, shall
continue and be deemed to have been made under this Ordinance.

120N Certification requirements for fiscal transfers.— (1) The Finance Commission in consultation with Government shall determine the requirements for certification of fiscal transfers.

(2) Certifications under sub-section (1) shall, inter alia, include the following-

(a) Provincial Allocable Amount and its calculation;

(b) transfer of funds in accordance with determined shares to the
District Governments, Tehsil Municipal Administrations, Town Municipal Administrations and the Union Administrations in the Province;

(c) transfer of funds in accordance with the decisions of the Finance Commission on references made to it from time to time; and

(d) revenues and expenditures of Government and local governments.

(3) In cases, where the institutional processes of Government or the local governments generate data required for administration of fiscal transfers, the Finance Commission may recommend further requirements for certification.

(4) The certification required by the Finance Commission shall be furnished to the Finance Commission by Government, local governments, any relevant agency connected with Government or the Federal Government.

CHAPTER XIII
LOCAL GOVERNMENT PROPERTY

121. Ownership of immovable property.— (1) Subject to any reservations made, or any conditions imposed by the Government, the property specified hereunder shall vest in the respective local government if it is-

(a) vested in a local government through succession as provided in section 180;

(b) transferred to the local government by the Government or any other authority, organisation or an individual; and

(c) constructed or acquired by a local government with its title.

(2) The properties of the Government in possession of the local councils established under North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979), shall pass on to their successors as provided in section 180 till varied by the Government.

(3) The successor local governments shall, subject to policy of the Government or contractual obligations, make bye-laws for the use, development and management of the local government properties.

(4) The Government shall not, except with the prior consent of the local government concerned, reallocate or in any other manner divest title of properties vested in that local government under this Ordinance.

122. Transfer of Property by the Government.— Subject to such conditions as may be prescribed, the Government may, on its own accord or on a request by a District Government, transfer the management of ‘nazul land’, ‘auqaf land’ or any other Government or public property to it for administration as a trustee.

123. Stock taking by the Nazim.— (1) Every Zilla Nazim, Tehsil Nazim, Town Nazim and Union Nazim shall, on assumption of his office and thereafter, once in every year on a date fixed by him, take the physical stock of movable and immovable properties of the concerned local government and submit a report to the concerned Council.

(2) The report referred to in sub-section (1) shall contain-

(a) particulars of the properties held during the preceding year;

(b) total value of the property, annual return therefrom and change in its value, if any;

(c) particulars of unserviceable articles;

(d) particulars of losses, if any; and

(e) proposals for utilization, development and improvement during the following year.

124. Use and disposal of properties of local governments.— (1) Properties of local governments shall be used only for public purposes.

(2) Immovable properties of local governments shall, subject to section 125, not be sold or permanently alienated:

Provided that such properties may be given on lease through competitive bidding by public auction:

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 in any circumstances, whatsoever, and any order, licence, permission tehbazari ticket, handcart passes or certificate issued by any authority at any time in this respect, before the commencement of the Northwest Frontier Province Local Government (Third Amendment) Ordinance, 2002, shall, notwithstanding any law or judgement or order of any Court, stand withdrawn and shall be deemed cancelled.

(3) The movable property of a local government which is required to be disposed of, shall be sold through competitive bidding by public auction.

(4) All articles declared unserviceable shall be disposed of through competitive bidding by public auction.

125. Acquisition of immovable property.— Whenever any local government considers it necessary or expedient it may acquire or purchase any immovable property for public purposes:

Provided that in case of purchase of property, the agreement of purchase shall be in writing:

Provided further that until the development authorities are merged with any other department or authority of a local government, the development authorities decentralized to District Government, Tehsil Municipal Administration

126. Loss of property of local government.— In case of any loss of property of the local government, the responsibility for such loss shall be fixed by the concerned local government and the amount of the loss shall be recovered from the defaulting person and a report to this effect shall forthwith be submitted to the concerned council in the meeting next following.

CHAPTER XIV
GOVERNMENT – LOCAL GOVERNMENTS RELATIONS

127. Relations of Government with the District Government.— (1) The District Government shall carry out its decentralized functions in accordance with the provisions of this Ordinance and the rules made thereunder.

(2) The District Government shall collect such Provincial tax or taxes within its local area as the Government may direct, excluding those being collected by the Government through its own agencies and the District Government shall after the collection of such tax or taxes, deposit the same in the relevant Government account.

(3) The Government may provide guidelines and render advice to the District Government through the concerned Zilla Nazim for achieving the ends of Government policy and for promoting economic, social and environmental security of the Province.

128. Directions by Chief Executive of the Province.— (1) The Chief Executive of the Province may by himself or through any officer specifically authorised by him, issue directives in public interest to a Nazim for implementation.

(2) Where the situation demands immediate action and the Nazim fails to comply with the directions given to him under sub-section (1), the Chief Executive of the Province may require the Chief Secretary to direct the

Provincial Police Officer and the District Coordination Officer concerned to take
such actions as the situation may necessitate

Provided that where a grave threat to law and order exists and requires
immediate action and the Zilla Nazim wilfully abstains from the district, the
Government may authorize, in writing, the Naib Zilla Nazim or, where the Naib
Zilla Nazim is also not available, the senior most Presiding Officer of the Zilla
Council, to act as officiating Zilla Nazim:

(a) preventing any grave threat to public peace and order;

(b) handling emergencies and providing relief therefor; and

(c) protection and security of the people and the security and integrity of the State or any part thereof” substituted vide the NWFP Local Government (Amendment) Act, 2005.

Provided further that such authorization shall cease forthwith upon the return of Zilla Nazim to his office.

129 Suspension of a Nazim, etc.— (1) Where, in the opinion of the Chief Executive of the Province, a Nazim is deliberately avoiding or abstaining wilfully or failing to comply with the directions given by the Chief Executive under section 128, he may suspend the Nazim for a period not exceeding ninety days for the reasons to be recorded and conveyed to the Nazim.

(2) During the period of suspension, the Government shall cause to be conducted an enquiry by the Provincial Local Government Commission which shall provide an opportunity of personal hearing to the suspended Nazim.

(3) The Provincial Local Government Commission shall submit its report of the enquiry alongwith its recommendations which may include removal of the Nazim to the Chief Executive of the Province for appropriate action in light of such recommendations as he may deem appropriate.

(4) In case no decision is taken within ninety days from the date of suspension of the Nazim, he shall stand re-instated to his office.

(5) During the period of suspension of the Nazim, the Naib Nazim shall act as Nazim.]

130. Entrustment of certain functions to District Government.— (1) The
Government may require the District Government to perform any specific task which requires funds beyond its budgetary provisions, the Government shall provide necessary resources.

(2) The District Government may, with the consent of the Government, entrust any of its function to the Government.

(3) The Government may, with the agreement of the District Government, decentralize any of its office other than the offices decentralized to the District Government under section 15 or entrust any of its functions to the District Government.

Provided that the Zilla Nazim shall be provided with an opportunity of being heard by the Provincial Assembly.

(4) If the Provincial Assembly does not ratify the suspension of the Zilla Nazim, the orders of the Chief Executive of the Province shall cease to have effect. 5) During the period of suspension of a Zilla Nazim, the Naib Zilla Nazim shall act as Zilla Nazim in accordance with the provisions of section 22” substituted vide the NWFP Local Government (Amendment) Act, 2005.

(5) The Government shall provide technical and administrative support and fiscal resources as may be determined by the Government.

131. Provincial Local Government Commission.— (1) The Government shall
appoint a Provincial Local Government Commission which shall consist of-

(a) the Minister for Local Government as Chairman;

(b) two members from the civil society, one each nominated by the leader of the House and leader of the Opposition of the Provincial Assembly;

(c) two eminently qualified and experienced technocrat members selected by the Government; and

(d) Secretary, Local Government and Rural Development Department, shall be ex-officio member and secretary of the Commission:

Provided that the members mentioned in clauses (b) and (c) shall be persons of integrity and good track record of public service:

Provided further that in case of equality of vote, the Chairman shall have a casting vote.

(2) The Provincial Local Government Commission may, for the performance of its functions, co-opt any official of the Government for any specific assignment.

(3) The tenure of the members of the Provincial Local Government Commission, other than Secretary, Local Government Department, shall be four years.

(4) The Local Government Department shall provide secretarial support to the Local Government Commission and the Department shall render assistance in the functioning of the Commission 1[by establishing a separate Secretariat of the Commission with sections for each level of local government that is District, Tehsil and Union levels.

(5) No act or proceedings of the Provincial Local Government Commission shall be invalid by reason or existence of any vacancy in, or defect in, the constitution of the Commission.

(6) The Government shall provide a separate budget] for the Provincial Local Government Commission in the annual budget.

(7) Government shall notify the organogram and schedule of establishment of the Provincial Local Government Commission.

(8) The Secretary of the Provincial Local Government Commission shall be the Principal Accounting Officer and the Commission shall have its own Drawing and Disbursing Officer.

(9) The Provincial Departments shall aid and assistance of the Provincial Local Government Commission in performance of its functions.

132. Functions of the Provincial Local Government Commission.— (1) The
functions of the Provincial Local Government Commission shall be as, otherwise, provided in this Ordinance and, in particular, it shall-

(a) conduct annual and special inspections of the local governments and submit reports to the Chief Executive of the Province;

(b) conduct, on its own initiative or, whenever, so directed by the Chief Executive of the Province, an inquiry by itself or through District Government into any matter concerning a local government;

(C) cause, on its own initiative or, whenever, so directed by the Chief Executive of the Province, a special audit by itself or direct a District Government to arrange a special audit, of any local government;

(d) resolve disputes between any Department of the Government and District Government or between two District Governments:

Provided that if the Local Government Commission fails to settle the dispute, the aggrieved party may move the Chief Executive of the Province for resolution thereof;

(e) enquire into the matters referred to it by the District Coordination Officer under the provisions of sub-section (3) of section 28 and by the Government under sub-section (4) of

(f) submit to the Chief Executive of the Province an annual report on the over-all performance of the district and tehsil level local governments

(g) take cognizance of violations of laws and rules by a local government in performance of its functions;

(h) organize consultative planning meetings of National and Provincial legislators, Zilla, Tehsil or Town Nazims of a district on a periodic basis to provide their participation in development activities of the district with regard to

(I the consultative process of the Annual Development Plan of the district;

(ii) formulating procedure for utilization of the Legislators’ development grant;

(iii) assessing implementation of decision of these meetings; and

(iv) carrying out review of development schemes; and

(i) facilitate the performance of Provincial departmental functions of the decentralized offices relating to policy analysis, oversight, checks and balances, capacity building and coordination through the Commission.

(2) The directions and orders of the Provincial Local Government Commission arising out of its inspections and inquiries under clauses (a), (b) and (c) of sub-section (1) shall be binding on the concerned local government failing which the Commission shall report the matter with specific recommendations to the Chief Executive of the Province for decision and appropriate action.

(3) Where the Provincial Local Government Commission is of opinion that suspension of a Nazim is necessary for the fair conduct of the enquiry under clause (b) of sub-section (1) or preventing the Nazim from continuing with any unlawful activity during the pendency of enquiry, it may recommend to the Chief Executive of the Province for making appropriate order for suspension of such Nazim for a maximum period of ninety days.

(4) Where, on an inquiry under clause (b) of sub-section (1), a Nazim, Naib Nazim or a member of a Council is found guilty of misconduct by the Provincial Local Government Commission, it shall recommend appropriate action, including his removal, to the Chief Executive of the Province.

(5) The Provincial Local Government Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedures, 1908 (Act V of 1908), in respect of the following matters, namely:

(a summoning and enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(c) receiving evidence on affidavits; and

(d) issuing commission for the examination of witnesses.

133. Responsibility of the Provincial Local Government Commission.— The Provincial Local Government Commission shall be responsible to the Chief Executive of the Province.

133A. Restructuring of Provincial Departments.— Administrative realignment of provincial departments shall be made in compatibility with the features of Devolution Plan ensuring the principles of good governance not later than 31st December, 2005.]
134. Zilla Mohtasib.— (1) Without prejudice to the provisions as contained in the North-West Frontier Province enactment regarding Provincial Mohtasib, in every district there may be a Zilla Mohtasib.

(2) The Zilla Mohtasib shall redress citizens’ complaints against maladministration of the holders of public offices in the local governments within the district.

Explanation.— For the purpose of this section, the expression ‘holders of public office’ includes all functionaries of the District Government, Tehsil Municipal Administration, Union Administration, Nazimeen, Naib Nazimeen, District Police Officers and officials, members of the Councils and all officials of the Council.

(3) All holders of public offices shall aid and assist the Zilla Mohtasib in exercise of his functions.

(4) The Zilla Mohtasib shall hold office for a term of four years and shall be eligible for reappointment for a similar term.

(5) The Zilla Mohtasib may resign his office by writing under his hand addressed to the Zilla Council through Naib Zilla Nazim.

(6) The manner of selection, appointment, removal, terms and conditions of service, functions, and powers of the Zilla Mohtasib and procedures relating thereto shall be as given in the Third Schedule.

CHAPTER XV
INTERNAL CONTROLS

135. Inspection and supervision.— (1) The Zilla Nazim may designate inspecting officers to objectively examine the performance of a Tehsil Municipal Administration, Town Municipal Administration and Union Administration in relation to service delivery as may be prescribed.

(2) The inspection reports shall be prepared on the specified format and forwarded to the Zilla Nazim within the time fixed by him.

(3) Zilla Nazim shall advise the concerned Nazim to take appropriate action on the report and inform the respective Council about the action taken thereon within thirty days.

(4) If any action is required to be taken against the concerned Nazim, the Zilla Nazim may 1[refer the matter to the Provincial Local Government Commission for appropriate action].

136. Enquiries.— (1) The Zilla Nazim may require any Tehsil Nazim, Town Nazim or Union Nazim in the district to conduct an enquiry into any matter concerning respective local government and submit the report alongwith the proceedings of the enquiry to the Zilla Nazim.

(1A) Where the Zilla Nazim is not satisfied with the conduct of enquiry carried out under sub-section (1), he may arrange for an independent enquiry by an officer of the District Government.]

(2) On the basis of the findings of the enquiry, the Zilla Nazim shall advise the concerned Nazim to take appropriate action on the report within thirty days and place it before the respective Council for information.

137. Transparency.— (1) Every citizen shall have the right to information about any office of the District Government, Tehsil Municipal Administration and Union Administration.

(2) Every office shall provide requisite information, if not restricted under any law for the time being in force, on the prescribed forms and on payment of such fee as may be prescribed.

(3) Information about the staffing and the performance of the office of a local government during the preceding month shall, as far as possible, be displayed at a prominent place within the premises of the office for access by the citizens.

138. Monitoring by committees.— (1) The Monitoring Committees elected by the Zilla Council shall be responsible for monitoring the functioning of the offices of the District Government and preparing quarterly evaluation reports on the prescribed format.

(2) The Monitoring Committees of Tehsil Council and Town Council shall be responsible for monitoring the functioning of the offices of the Tehsil Municipal Administration or Town Municipal Administration and preparing quarterly evaluation reports on the prescribed format.

(3) The Monitoring Committees of Union Council shall be responsible for monitoring the functioning of all offices of the District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration for delivery of services within its area and preparing quarterly evaluation reports on the prescribed format.

(4) The reports referred to in sub-sections (1) to (3) shall, in particular, contain evaluation of the performance of each office in relation to —

(a) achievement of its targets;

(b) responsiveness to citizens’ difficulties;

(c) efficiency in the delivery of services; and

(d) transparent functioning.

(5) The Monitoring Committees shall submit their quarterly reports to the respective Councils which may through a resolution require the respective Nazim to take necessary action.

(6) The Monitoring Committees shall function without intruding and interfering in the day to day working of the offices of the local governments and shall not cause any harassment to the functionaries thereof, nor shall assume command and control of such offices.

(7) Notwithstanding any punishment provided in any law for the time being in force, any member of the Monitoring Committee violating the provisions of sub-sections (5) and sub-section (6) shall be removed from the Monitoring Committee by the respective Council.

(8) Any functionary being aggrieved of any misbehaviour, undue interference, harassment or misconduct by a member or members of a Monitoring Committee may report to the Code of Conduct Committee of the concerned Council and may invoke disqualification proceedings against such member or members.

(9) The concerned Monitoring Committee may recommend to the competent authority the payment of bonuses or performance pay to the functionaries of the local governments in recognition of their efficient performance, subject to availability of funds for this purpose.

(10) The Monitoring Committee may identify inefficiency or corruption of functionaries of local governments and report to the concerned Nazim for appropriate action and remedial measures and the Nazim shall inform the concerned Council within thirty days of the action taken by him.

139. Code of Conduct Committees of the Councils.— (1) There shall be an Code of Conduct Committee in each Council consisting of such number of members as the Council may determine.

(2) The Code of Conduct Committee shall ensure adherence of all members of the Councils, Nazimeen and Naib Nazimeen to the prescribed code of ethics for promoting their honest, responsible and efficient functioning and behaviour;

(3) The Code of Conduct Committee shall monitor the conduct of the elected representatives and report to the concerned Council the incidents of inefficiency and corruption.

(4) On receipt of a report under sub-section (3), a Council may, by resolution of the majority of its members, invoke proceedings of disqualification against such member.

140. District Mushavirat Committee.— (1) There shall be constituted a Zilla Mushavirat Committee consisting of the Zilla Nazim, Naib Zilla Nazim and all Tehsil Nazimeen and Town Nazimeen in the district.

(2) The Zilla Nazim shall be the Chairman of the Zilla Mushavirat Committee and the District Co-ordination Officer shall act as its Secretary.

(3) The Zilla Mushavirat Committee shall meet at least once in every three months or as and when called into meeting by the Zilla Nazim or on the request of any two members of the Committee.

(4) The functions of the Zilla Mushavirat Committee shall be-

(a) to crystallise vision for integrated development of the district;

(b) to prioritise and co-ordinate inter-tehsil development plans;

(c) to resolve intra-district disputes;

(d) to muster resources for crisis management; and

(e) to set directions for realizing economic potential of the district.

CHAPTER XVA
DISTRICT SERVICE

140A. Creation of District Service.— Notwithstanding anything contained in any other law, rules or service contract for the time being in force, the Government shall, in every district, create a District Service comprising all posts of local governments grouped into district and tehsil cadres for decentralized local government functions and groups of offices with adequate monetary benefits and incentives for promotion and performance not later than the 31st December, 2005.

CHAPTER XVI
LOCAL GOVERNMENT RESPONSIBILITY
FOR ENFORCEMENT OF LAWS

141. Offences, punishments and their cognizance.— (1) The offences specified in the Fourth and Eighth Schedules shall be liable to punishment by way of imprisonment, fine, seizure, forfeiture, confiscation and impounding and such other penalties as are provided in this Ordinance.

(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 fifteen thousand rupees, or with both and, where an accused was directed by the Inspector for immediate discontinuance of the offence, the Court may impose a further fine which may extend to one thousand rupees for every day for the period the accused has persisted in the offence from the date of its commission;

(b) Part-Il of the Fourth Schedule shall be punishable with imprisonment which may extend to six months and fine which may extend to five thousand rupees, or with both and, where an accused was directed by the Inspector for immediate discontinuance of the offence, the Court may impose a further fine which may extend to two hundred rupees for every day for the period the accused has persisted in the offence from the date of its commission; and

(c) the Eighth Schedule shall in the first instance, be liable to fine by issuing a ticket specified in the Ninth Schedule and, where an accused repeats the offence within a period of three months for which he was subjected to fine, he shall be liable to the same punishment as provided in clause (b):

Provided that the concerned Nazim may, with the approval of the Council and by notification in the official Gazette, exempt any area from the application of this provision in respect of such offences and for such period as may be specified therein.
Chapter XVI substituted vide the NWFP Local Government (Amendment) Act, 2005.

(3) The offences specified in clause (a) of sub-section (2) shall be cognizable and information in this regard shall be forwarded to the officer incharge of a police station by the Inspector for registration of a case against the accused in accordance with the provisions of section 154 of the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter in this Chapter referred to as the “Code”.

(4) A Court shall take cognizance of the offences specified in clause (b) of sub-section (2) on a complaint made in writing by the Inspector in accordance with the provisions of section 200 of the Code.

(5) The offences specified in Part-Il of the Fourth Schedule and Eighth Schedule shall be tried in a summary manner in accordance with the provisions of section 260 to 265 of the Code, except sub-section (2) of section 262 thereof.

(6) The laws specified in the Tenth Schedule shall be enforced by the local governments indicated against each.

(7) The Federal Government or Provincial Government may, by notification in the official Gazette, entrust to a local government the enforcement of any other law for the time being in force.

(8) The fines collected under sub-section (6) and sub-section (7) shall be deposited under separate receipt head in the Public Account of the concerned local government.

(9) The Government shall appoint one or more Magistrates of the First Class at the headquarters of a tehsil or town, who shall function exclusively under the Sessions Judge and not perform any executive function, to deal with the cases relating to local and special laws, and the offences under this Ordinance.

Explanation.— For the purpose of this Chapter, the “Court” shall mean the Court of a Magistrate of the First Class appointed under the Code.

142. Appointment and control of Inspectors.— (1) The concerned Nazim shall, on the recommendations by the officers specified in the third column of the Fourth Schedule and fourth column of the Eighth Schedule indicating the number of Inspectors required to exercise jurisdiction over the specific category or categories of offences in the assigned area designated as blocks or wards and with the approval of the concerned Council, authorize the officials of the local government as Inspectors for enforcement of the offences specified in such
Schedules:

Provided that it shall not affect the appointment of the Inspectors appointed of the local governments before coming into the force of this Chapter against any sanctioned post with the express function of inspection by whatever designation may be, and such Inspectors shall be deemed to be Inspectors under this Ordinance.

(2) The officials specified against each offence in the third column of the Fourth Schedule and fourth column of the Eighth Schedule shall be the controlling authority and administrative head of the Inspectors notified for such offence and the Inspectors shall report to him only for the enforcement of provisions of this Chapter notwithstanding to which ever office of a local government they may belong:

Provided that a Tehsil or Town Municipal Administration may request the District Government for providing district officials required to conduct inspection functions specified for tehsil or, as the case may be, town in the third column of the Fourth Schedule and fourth column of the Eighth Schedule and District Government shall ordinarily notify such officials for conducting inspection functions:

Provided further that the tehsil and town officers specified in the Fourth and Eighth Schedules shall recommend the available officials of decentralized Public Health Engineering Department and Housing and Physical Planning Department for performing inspection functions in tehsil and town before additional requirements are requested from the District Government.

143. Imposition of fine through ticketing.— (1) Where any person, in the opinion of an Inspector, is contravening any provision of the law relating to the offences specified in the Eighth schedule, the Inspector shall charge the accused by issuing a ticket for payment of fine specified in the Ninth Schedule, if such offence has been committed for the first time in three months.

(2) The ticket referred to in sub-section (1) shall be issued in quadruplicate by delivering three copies to the accused after obtaining his signatures or thumb impression on the fourth copy to be retained by the Inspector for record.

(3) The payment of fine may be deposited in the assigned Post Office or a branch of the National Bank of Pakistan empowered to receive local government dues by the respective local government to which the offence relates in the Eighth Schedule, or the designated local government accountant located in the area of jurisdiction of the Inspector issuing the ticket within the period of ten days from the date of imposition of fine for credit in a separate receipt head of account in the Public Account of the concerned local government:
Provided that an accused may contest the imposition of fine in the Court within such period often days.

(4) The Bank or Post Office or the designated local government accountant of the respective local government receiving the fine shall provide two copies of the ticket to the accused with endorsement of receipt of amount of fine and forward one copy to the concerned local Accounts Officer.

(5) The accused shall deliver one copy of duly paid ticket to the concerned Inspector within ten days.

(6) The fines imposed by a Court for the offenses specified in the Fourth Schedule shall on collection be deposited under a separate receipt head in the Public Account of the concerned local government.

144. Performance bonuses for Inspector, etc.— (1) The total amount collected on account of fines and penalties, including those imposed by the Court, shall be utilized as under:

(a) twenty-five percent thereof shall be paid by the accountant of the respective local government as an incentive bonus to the Inspectors ratably according to the amount recovered against the fines imposed by each Inspector and as a result of prosecution or fines initiated by him:

Provided that such payments to the Inspector shall be included as an addition in the pay slip at the time of payment of pay of the month following the month in which the fines are realized;

(b) twenty-five percent thereof shall be set apart for improvement of the regulatory functions of the system of imposition of fines, including accounting, record-keeping, computerization, mobility, police functions and any other expenditure relating to adjudication procedure; and

(c) out of the remaining fifty percent thereof, expenditures shall be incurred on the compilation, printing, distribution and other incidentals required for the District Enforcement Gazette and the balance amount shall be transferred to the concerned Local Fund at the end of the financial year.

(2) The Principal Accounting Officers of the local governments with the approval of the concerned Nazim shall incur expenditure from the Public Account relating to the fines.

145. Court proceedings for default in deposit of fine, etc.— (1) The officer designated to enforce offences in the Eighth Schedule shall daily provide to the Court of competent jurisdiction a scroll of all fine tickets issued by Inspectors under his administrative control which remain unpaid on the eleventh day from the issuance of such fine ticket.

(2) The Court of competent jurisdiction receiving the scroll shall issue summons to the accused forthwith stating date of hearing for summary trial in accordance with the provisions of section 260 to 265 of the Code, except subsection (2) of section 262 thereof.

(3) Where on the first date of hearing, the accused appears before the Court and produces the proof of deposit of fine, or unconditionally admitting his failure, deposits the fine forthwith alongwith the penalty which shall not be less than ten percent and not more than twenty five percent of the amount of fine determined by the Court in accordance with the procedure provided in subsection (2) of section 388 of the Code further proceedings against the accused may be dispensed with and no conviction shall be recorded against him.

(4) Upon the failure of the accused to appear before the Court in response to summons issued by it, the Court shall forthwith issue warrants for arrest of the accused and upon the issuance of such warrant the accused will be liable to punishment under clause (b) of sub-section (2) of section 141, with or without surety.

146. Compounding of offences.— Subject to any other provision of this Ordinance, a committee comprising the concerned Nazim as its Chairman, an officer of the concerned Administration and a member of the Council to be nominated by the concerned Council as its members, may, at any time or after the commission of offence but before the conclusion of proceedings in the Court, compound any offence under this Ordinance:

Provided that no case in respect of any offence pending adjudication before a Court shall be compounded except with the permission of the Court:

Provided further that an offence shall not be compounded where the accused has been served a notice forbidding him from continuing with the violation or contravention of any provision of this Ordinance:

Provided also that the accused shall be given an opportunity of being heard before passing an order or taking any action adverse to his interest.

146A. Appeals, etc.— The decision and orders of the Court shall be appealable and subject to revision in accordance with the provisions of the Code.

146B. Registers, monthly reports, etc.— (1) The Inspector shall maintain record of offences in which tickets were issued, the cases which were not contested or contested before the Court, complaints were filed for prosecution, the recovery of fines, punishment awarded and similar ancillary matters in Register Numbers into 12 given in Form-A of the Eleventh

(2) The Inspector shall furnish monthly reports on the fifth day of each month regarding the enforcement activities within the area of his jurisdiction on the basis of entries of the Register maintained in Form-A to the concerned Nazim, District Coordination Officer and Accounts Officer through his officer in- charge in Form-B specified in the Eleventh Schedule.

(3) The officer in-charge of the police station on the fifth day of each month shall, through the Head of District Police submit report in Form-C specified in the Eleventh Schedule in respect of cases registered in the police station on the complaint of an Inspector or a person authorized under this Ordinance and any warrants issued or arrests caused in pursuance thereof, and the punishments awarded in each case during the preceding month to the concerned Nazim and District Coordination Officer.

(4) The District Coordination Officer shall, on the basis of reports received by him under sub-sections (2) and (3), compile and cause publication of the monthly District Enforcement Gazette by twentieth day of each month.

146C. Police support to Inspectors, etc.— In addition to the Police support which may be requested by an Inspector under the provisions of Article 34 of the Police order, 2002 (Chief Executive’s Order No. 22 of 2002), a local government may requisition a Police contingent on deputation or payment of charges in accordance with Article 30 of the said Order.

146D. General powers of Inspectors.— (1) In case of any serious threat to the public health, safety or welfare or danger to life and property, the Inspector may, in his area of jurisdiction, in addition to imposition of fine or initiating prosecution under this Ordinance,-

(a) suspend any work;

(b) seize the goods;

(c) seal the premises;

(d) demolish or remove work; and

(e) issue directions for taking corrective measures in the time specified by him:

Provided that no Inspector shall enter any residential premises save with the permission of the occupier or owner or Court.

(2) An Inspector authorized under section 142 shall have the powers in relation to the offences specified in the Fourth Schedule to-

(a) issue notices in writing on behalf of the respective local government served, either personally or through registered post with acknowledgement due or by any official of the local government, in order to restrain violations or commission of any offence forthwith;

(b) initiate legal proceedings in the competent Court where any person fails to comply with the directions contained in the notice issued under clause (a); and

(c) assist in defending any legal proceedings initiated against the local government.

146E. Application of the Code.— The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, mutatis mutandis, apply to all proceedings under this Chapter particularly in matters relating to issuing of summons, warrants and other processes for securing attendance of the accused, bail, trial, appeals, revisions and execution of the decision of the Court.

147. Rights of citizen not affected.— Nothing contained in this Chapter shall restrict or limit the right of the citizens or residents of a local area to bring any suit or other legal proceeding against any local government, its officers or other functionaries violating his rights available to him under any law for the time being in force or to claim damages or such remedy through a suit under the provisions of the Code of Civil Procedure, 1908 (Act V of 1908).

CHAPTER XVII
LOCAL GOVERNMENT ELECTIONS

148 Franchise.— (1) Members of a Union Council, including Union Nazim and Naib Union Nazim shall be elected through direct elections based on adult franchise and on the basis of joint electorate.

(2) The electoral college for the election of Zilla Nazim and reserved seats of women, peasants and workers, and minorities in the Zilla Council shall be all the members of Union Councils in the District, including Union Nazims and Naib Union Nazims.

(3) The electoral college for the election of a Tehsil Nazim, Town
Nazim and reserved seats of women, peasants and workers, and minorities in
the Tehsil Council and Town Council shall be all the members of the Union
Councils in the Tehsil or, as the case may be, Town, including Union Nazims and
Naib Union Nazims:

Provided that for the election for reserved seats for women in Zilla Council proportionately divided among Tehsils or Towns shall be all members of the Union Councils in a Tehsil or, as the case may be, Town.

Explanation.— For the purpose of this section, all members of Union Councils notified as returned candidates in the elections held under this Ordinance shall be deemed to be members of the electoral college.

149. Manifesto.— (1) The candidates for the seat of a Zilla Nazim, Tehsil Nazim and Town Nazim shall, before the election to such office, make public a manifesto containing the policies and programmes they propose to pursue and implement, if elected.

(2) The manifesto prepared under sub-section (1) shall be attached to the nomination papers.

150. Authority for local government elections.— (1) The local government elections under this Ordinance shall be conducted by the Chief Election

151. Delimitation of electoral wards.— (1) The electoral ward for the election of a Zilla Nazim shall be a District, for a Tehsil Nazim, a Tehsil, for a Town Nazim, a Town, and for a Union Nazim and a Naib Union Nazim, a Union.

(2) The electoral ward for the election of a Naib Zilla Nazim, Naib Tehsil Nazim and Naib Town Nazim shall be the respective Council.

(3) The Union shall be a multi-member ward for election of members of a Union Council.

152. 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 government, if he-

(a) is a citizen of Pakistan;

(b) is at least twenty five years of age;

(c) is enrolled as a voter in the electoral rolls of the relevant ward;

(d) is of good character and is not commonly known as one who violates Islamic injunctions; has adequate knowledge of Islamic teachings and practices, obligatory duties prescribed by Islam as well as abstains from major sins; provided that these

(e) has academic qualifications of not less than matriculation or secondary school certificate or equivalent from a recognized institution, for contesting the election of a Nazim or a Naib Nazim;

(f) has not been declared by a competent court to be of unsound mind;

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

(h) has not been dismissed, removed or compulsorily retired from public service on the grounds of moral turpitude;

(i) 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;

(j) 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;

(k) 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;

(I) 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;

(m) 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;

(n) has not been declared an un-discharged insolvent by any court;

(o) does not engage in any transaction involving pecuniary interest with the local government of which he is a member;

(p) 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;

(q) does not fail to attend a training course as required under section 189 of this Ordinance;

(r) 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

(s) has not used, directly or indirectly, for his election the platform, flag, symbol, affiliation and financial or material resources or support of a political, religious, ethnic or sectarian party, formation or organization.

(2) Whoever-

(a) is found by the Chief Election Commissioner 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 four years; or

(b) having been elected as a member of a local government or is a holder of an elective office of the local government is found by the Chief Election Commissioner 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 government for a period of four years.

153. Non-party elections.— Local government elections shall be held on nonparty basis.

154 Elections of Nazims etc.— (1) A candidate for the office of Zilla Nazim
and a Tehsil Nazim or a Town Nazim securing highest number of votes in their respective wards against other candidates shall be declared elected.

(2) A Union Nazim and Naib Union Nazim as joint candidates securing highest number of votes in their electoral ward against other joint candidates shall be declared elected.]
155. Allocation of reserved seats.— (1) Reserved seats for women in the Zilla Council shall be divided among the tehsils and towns in the City District in proportion to the number of Unions in such tehsils or, as the case may be, towns.

(3) A tehsil and town in the City District shall be a multi-member ward for the reserved seats for women in the Zilla Council, Tehsil Council and Town Council.

(4) A district shall be a multi-member ward for the reserved seats for peasants and workers, and minority population in the Zilla Council.

156. Election to vacant seats.— (1) If a seat of a member remains unfilled or becomes vacant during the term of office of a Council, a new member shall be elected through by-election and the member elected in by-election shall hold office for the remaining portion of the term of the Council.

(2) If any seat reserved for women remains vacant, the same shall be filled through by-elections and the elected women member shall hold office for the remaining portion of the term of the Council.

(3) All by-elections 2[for the vacant seats of members of Councils] shall be held once a year on a date or dates fixed by the Chief Election Commissioner.

(3A) The period of one year referred to in sub-section (3), shall be computed from the date of assumption of office of the Council:

Provided that, on occurrence of a casual vacancy, a candidate for the office of a Nazim or Naib Nazim shall contest the election for such office in his individual capacity.

(4) In case a Zilla Nazim or Naib Zilla Nazim, or a Tehsil Nazim and Naib Tehsil Nazim, or a Town Nazim and Naib Town Nazim do not secure more than fifty percent of the total votes of the members of the Union Councils in the respective district, tehsil or, as the case may be, town there shall be held a fresh election within one week of the first election for which the joint candidates securing the highest and the second highest number votes in the first election shall be contestants, and the joint candidates securing the highest number of votes in the fresh elections shall be declared elected” substituted vide the NWFP Local Government (Amendment) Act, 2005.

Provided that in the year in which general elections are to be held, the by- elections may be held within eighteen months.

(5) A vacancy of Zilla Nazim, Tehsil Nazim or Town Nazim, as the case may be, shall be filled through by-election within one hundred and twenty days of the occurrence of vacancy as provided in sub-sections (2) and (3) of section

(6) When the office of a Zilla Nazim or Naib Zilla Nazim, Tehsil Nazim or Naib Tehsil Nazim, Town Nazim or Naib Town Nazim, Union Nazim or Naib Union Nazim remains unfilled or falls vacant, the members of the concerned Council shall by a majority vote elect an officiating Nazim or Naib Nazim as the case may be from amongst its members and the person so elected shall continue to retain his office as a member also:

Provided that the officiating Nazim or Naib Nazim shall not be a candidate in the by-election held for election of the Nazim or Naib Nazim respectively.

(7) When the office of a Union Nazim or Naib Union Nazim falls vacant, the members of concerned Council shall, by a majority vote, elect an officiating Union Nazim or, as the case may be, Naib Union Nazim from amongst its members and the person so elected shall continue to retain his office as a member as well:

Provided that the officiating Nazim or the Naib Nazim shall not be a candidate in the by-election to be held for the Union Nazim or, as the case may be, Naib Union Nazim.]

(8) A vacancy of Naib Zilla Nazim, Naib Tehsil Nazim or Naib Town Nazim, as the case may be, shall be filled in within ten days from the date of occurrence of the vacancy.]

157. 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 on the first day of January of the year in which an election is to be held; and

(c) fulfills such other conditions as the Chief Election Commissioner may specify.

(2) The electoral rolls for the local government elections shall be prepared by the Chief Election Commissioner in the manner he 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.

158. Bar against Nazimeen’s dual membership.— 2[(1)] A Zilla Nazim, Naib Zilla Nazim, Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim, Union Nazim and a Naib Union Nazim may contest election for any political office after resigning from his respective existing office before filing of his nomination papers:

Provided that a member of Zilla Council, Tehsil Council, Town Council or Union Council may contest election for any other political office without resigning from his respective existing office:

Provided further that all such members covered by the foregoing proviso shall not hold more than one political office at a time.]

(2) Nothing in sub-section (1) shall apply to a Union Nazim or Naib Union Nazim, becoming members of the Zilla Council or Tehsil Council, or the members elected against reserved seats in the Zilla Council or Tehsil Council, or being elected as Naib Zilla Nazim or, as the case may be, Naib Tehsil Nazim.]

Explanation.—For the purpose of this section, a holder of an “elective office” means a person who has taken oath in accordance with the rules made under this Ordinance” substituted vide the NWFP Local Government (Fifth Amendment) Ordinance, 2002.

159 Term of office.— (1) The term of office of local governments in a district shall be four years commencing from the date of the notification of assumption of office by respective Councils:

Provided that a local government, notwithstanding the expiry of its term of office, shall continue to hold office until the successor local government assumes office.

(2) The Government shall notify the assumption of offices by Nazims, Naib Nazims and members of the Councils

(3) A Zilla Nazim, Tehsil Nazim, Town Nazim, Union Nazim and Naib Union Nazim shall not hold the same office for more than two consecutive terms.]

160. Oath of office.— (1) The elected Nazimeen, Naib Nazimeen and members shall take oath before assuming the charge of their respective offices.

(2) A Zilla Nazim, Naib Zilla Nazim and the members of Zilla Council shall be administered oath of office by the concerned District and Sessions Judge.

(3) A Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim and members of the Tehsil Council and Town Council shall be administered oath of office by an Additional District and Sessions Judge designated by the District and Sessions Judge of the concerned district.

(4) A Union Nazim, Union Naib Nazim and members of a Union Council shall be administered oath of office by a judicial officer designated by the District and Sessions Judge of the concerned district.

161. Removals.— (1) Where proceedings of disqualification under section 152 have been initiated on an application made by any person or by the Chief Election Commissioner on his own motion against a member, Nazim or Naib Nazim, the Election Commission or any authority authorised by it may issue a notice to show cause to a member, Nazim or, as the case may be, Naib Nazim, within a specified period as to why proceedings against him may not be taken for his removal for breach of any of the provisions of section 152.

(2) Where the Election Commission or an authority authorised by it is not satisfied with the reply to the notice to show cause referred to in subsection

(3) On the basis of enquiry held under sub-section (2), the Election Commission or an authority authorised 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, the 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.

162. Resignations.— (1) A member of the Council may resign from his office by writing under his hand addressed to the Naib Nazim of the concerned Council, whereupon the resignation shall deem to be accepted and effective forthwith.

(2) Copies of all resignations shall be forwarded to the Election Commission and the Government.

(3) Notwithstanding the resignation of a member any proceeding for removal under section 161, if already initiated, shall not abate.

163 Omitted

164. Notifications to be issued.—The Chief Election Commissioner shall notify every election, by-election and result of such elections and resignation, removal or recall of a member, Nazim or Naib Nazim, as the case may be.

165. 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 fifteen thousand rupees, or with both.
166. 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; or

(b) gives, offers or promises any gratification to any person for the purpose of —

(i) inducing a person to be or to refrain from being a candidate at an election; or

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

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

(iv) rewarding a person for having been or for having refrained from being a candidate at an election; or

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

(vi) rewarding a candidate for having withdrawn or retired from an election.

Explanation.— In this section, ‘gratification’ includes a gratification in money or estimable in money and all forms of entertainment or employment for reward.

167. 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.

168. 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) 1compels, induces or prevails upon any voter to refrain from voting or compels any voter to vote.

Explanation.— In this section, ‘harm’ includes social ostracism or excommunication or expulsion from any caste or community.

169. Illegal practice.— A person is guilty of illegal practice punishable with fine which may extend to two thousand rupees, if he-

(a) obtains or procures, or attempts to obtain or procure, the assistance of any officer or official of the Federal Government, a Provincial Government or a local government or authority to further or hinder the election of a candidate;

(b) votes or applies for a ballot paper for voting at an election knowing that he is not qualified for voting or is disqualified from voting.;

(c) votes or applies for a ballot paper for voting more than once at any polling station;

(d) removes a ballot paper or a ballot box from a polling station or destroys, damages or tampers with the ballot-box used at a polling station;

(e) knowingly induces or procures any person to do any of the aforesaid acts;

(f) fails to provide statement of election expenses as required under this Ordinance.

(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;

(i) causes or attempts to cause any person present and waiting to vote at the polling station to depart without voting.

170. Prohibition of canvassing.— A person is guilty of an offence punishable with fine which may extend to two thousand rupees, if he, on the polling day in connection with the election-

(a) convenes, calls or organises within a ward any meeting; or

(b) within a radius of two hundred meters of the polling station (i canvasses for votes;

(ii) solicits vote of any voter;

(iii) persuades any voter not to vote at the election or for a particular candidate; or

(iv) exhibits, except with the permission of the returning officer and at a place reserved for the candidate or his polling agent beyond the radius of one hundred meters of the polling station, any notice, sign, banner or flag designed to encourage the voters to vote, or discourage the voters from voting, for any contesting candidate.

171. Disorderly conduct near polling station.— A person is guilty of an offence punishable with imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both, if he-

(a) uses, in such manner as to be audible within the polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds; or

(b) persistently shouts in such manner as to be audible within the polling station; or

(c) does any act which—

(i) disturbs or causes annoyance to any voter visiting a polling station for the purpose of voting; or

(ii) interferes with the performance of the duty of a presiding officer, polling officer or any other person performing any duty at a polling station; or

(d) abets the doing of any of the aforesaid acts.

172. 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 two thousand rupees, or with both, if he—

(a) fraudulently defaces or destroys any nomination paper or ballot paper;

(b) fraudulently takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorized under the rules to put in;

(c) without due authority

(i) supplies any ballot paper to any person;

(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet or ballot papers in use for the purpose of election; or

(iii) breaks any seal affixed in accordance with the provisions of the rules; or

(d) causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of the poll; or

(e) fraudulently or without due authority attempts to do any of the aforesaid acts.

173. Interference with the secrecy of voting.— A person is guilty of an offence punishable with imprisonment which may extend to six months, or with fine which may extend to two 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.

174. 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 two 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.

175. Conduct of officials.— A presiding officer, polling officer or any other officer or clerk 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 five thousand rupees, or with both, if he, during the conduct or management of an election or maintenance of order at the polling station—

(a) persuades any person to give his vote;

(b) dissuades any person from giving his vote;

(c) influences in any manner the voting of any person;

(d) does any other act calculated to further or hinder the election of a candidate;

(e) fails to maintain or aid in maintaining the secrecy of voting;

(f) communicates, except for any purpose authorised by any law, to any person before the poll is closed any information as to the name or number on the electoral roll of any voter who has or has not applied for a ballot paper, or has or has not voted at a polling station; and

(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.

176. Breach of official duty.— A presiding officer or any other person employed by any such officer in connection with his official duties imposed by or under this Ordinance, is guilty of an offence punishable with fine which may extend to five thousand rupees, if he, without reasonable cause, does or omits to do an act in breach of any official duty.

177. Assistance by government servants.— A person in the service of the Federal Government, a Provincial Government, a local government, or a body owned or controlled by the Federal or a Provincial 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 five thousand rupees, or with both if he, in any manner, gives any assistance calculated to further or hinder the election of a candidate.

178. Summary trial.— All offences under this Ordinance except the offences under sections 165 to 168 shall be tried summarily under the provisions of the Code of Criminal Procedure 1898 (Act V of 1898).

179. Cognizance.— No court shall take cognisance of the offences under sections 175 and 176 except on the complaint in writing of the returning officer concerned.

179A. Conduct of elections.— (1) Notwithstanding anything contained in this Ordinance, for the elections to be held in the year two thousand and five, immediately on notification of the Schedule for Elections in a district or districts by the Chief Election Commissioner, the Zilla Council, Tehsil Councils, Town Councils and Union Councils in such district or districts shall stand dissolved and all Nazims, Naib Nazims and members of the Councils shall cease to hold their respective offices.

(2) Within twenty-four hours of the announcement of the Schedule for local government elections by the Chief Election Commissioner, the Provincial Chief Secretary shall appoint government officers as Care-takers to perform the functions and exercise the powers of the Nazims of the respective local governments till the newly elected Nazims take oath of their offices.

(3) The elected members of Zilla Council, Tehsil Councils, Town Councils, Union Councils and Zilla Nazim, Tehsil Nazims, Town Nazims and Union Nazims shall assume the charge of their respective offices within seven days of the Notification of the result of district and tehsil level elections by the Chief Election Commissioner under section 164 of this Ordinance.

(4) During the election period the Care-takers provided in sub-section (2) are looking after the affairs of the local governments, no new development scheme shall be initiated nor shall the Government or the Care-takers or any other officer of a local government make posting and transfer of any officer or official of the local government without the prior approval of the Chief Election Commissioner.

(5) This section shall only be for the local government elections held in the year two thousands and five and shall cease to have any effect and be deemed to be omitted from this Ordinance forthwith on the completion of assumption of offices referred to in sub-section (3).

CHAPTER XVIII
MANAGING TRANSITION

180. Succession of the properties, assets and liabilities.—(1) Subject to section 123, and sub-section (2) of this section] on commencement of this Ordinance, the properties, assets and liabilities of the Local Councils, namely, Metropolitan Corporations, Municipal Corporations, District Councils, Municipal Committees, Town Committees, Union Councils under the North-West Frontier Province Local Government Ordinance, 1979 (N.W.F.P. Ord. No. IV of 1979), shall be succeeded by the following local governments under this Ordinance: –

(a) City District Government in the case of Metropolitan Corporation or, as the case may be, or Municipal Corporation in the concerned City District;

(b) District Government in the case of District Council;

(c) Tehsil Municipal Administration in the case of Municipal Corporations, Municipal Committees or, as the case may be, Town Committees in the tehsil; and
Union Administration in the case of Union Councils:

Provided that the liabilities of the predecessor local governments shall be discharged in accordance with the existing arrangements: Provided further that the discharge of liabilities of the decentralized offices shall remain with the Government.

(2) The funds of Metropolitan Corporation, Municipal Committee, Town Committee and Union Council shall be transferred to Local Government as its successor under sub-section (1).

181. First Nazimeen and Councils.— (1 The first local governments under this Ordinance shall be established on the l4 day of August, 2001.

(2)` The Zilla Nazimeen shall assume the office of the head of respective District Governments under this Ordinance on the 14th day of August, 2001, and the Government shall issue notification of the assumption of their office.

(3) The Tehsil Nazimeen and Town Nazimeen shall assume the office of the head of Tehsil Municipal Administration or, as the case may be, Town Municipal Administration, under this Ordinance on the 14th day of August, 2001, and the Government shall issue notification of the assumption of their offices.

(4) The Union Nazimeen shall assume the office of the head of the Union Administration under this Ordinance on the 14th day of August, 2001, and the Government shall issue notification of the assumption of their offices.

(5) The Government shall make arrangements of accommodation for the offices of the local governments and, as far as possible, for that purpose the existing infrastructure shall be utilized.

181A. Internal Recall of Nazims.— Notwithstanding anything contained in sections 24, 63 and 85, and internal recall motion against a Zilla Nazim shall not be moved before 30th June, 2003, and against a Tehsil Nazim or a Union Nazim shall not be moved before the 30th December, 2002.

182. Administrative Transition.— (1) On coming into force of this Ordinance, any office, authority or municipal body set up or controlled by the Government shall continue providing services without any interruption during the decentralization process or its entrustment to any local government under this Ordinance.

(2) All functionaries of the Metropolitan Corporations, Municipal Corporations, Zilla Councils, Municipal Committees, Town Committees and Union Councils set up under the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979), shall continue to perform their respective duties and responsibilities with the successor local government under this Ordinance, until transferred to any other local government.

(3) Subject to the provisions of sub-sections (1) and (2), the control of the development authorities, water and sanitation agencies and solid waste management bodies shall vest in the following local governments-:

(4) The Government shall commence closing down the operations of divisional offices and, where applicable, regional, circle and zonal offices on coming into force of this Ordinance, provided that such offices shall cease to function on 31st day of December, 2001.

(5) The Government shall, on the commencement of this Ordinance, decentralize administrative, financial and appellate powers of the divisional, regional and zonal officers to the Deputy District Officers, District Officers, Executive District Officers and District Coordination Officers, as the case may be.

(6) The District Governments shall appropriately re-organize the authorities, agencies and bodies referred to in sub-section (3) and decentralize such authorities, agencies and bodies to the Tehsil Municipal Administration or, as the case may be, Town Municipal Administration in accordance with section

183. Employees salaries not to be reduced on transfer, etc.— (1) On allocation, re-allocation or transfer of the employees of the Government, Metropolitan Corporations, Municipal Corporations, District Councils, Municipal Committees, Town Committees and Union Councils or any other authority, agency or body to any local government established under this Ordinance, the salaries, emoluments and pensions of such employees shall not be reduced on such allocation, re-allocation or transfer.

(2) The Government shall ensure the payment of salaries, emoluments and pensions of the employees referred to in sub-section (1), including the employees of the Local Council Service and the servants of Local Councils set up under the Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979) during the financial year 2001-2002 or till such time as Government may deem appropriate.

184. Bar on recruitments.— (1) During the transition period specified in section
187 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 the local governments set up under this Ordinance, except with the express sanction of the Government;

(2) The Government shall make available the services of the employees placed in its surplus pool for utilization in the offices decentralized to the District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration.

(3) The local governments shall utilize the services of the employees of the Local Councils set up under the repealed North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979) for meeting the shortfall in the offices of the Zilla Councils, Zilla Nazimeen, Tehsil Councils, Tehsil Municipal Administrations, Town Councils, Town Municipal Administrations, Tehsil Nazimeen, Town Nazimeen and Union Administrations.

185. Financial transition.— (1) All taxes, cess, fees, rates, rents, tolls and charges which were being charged, levied and collected by any office of the Government, development authority, water and sanitation agency, board or solid waste management body or any Local Council, shall continue to be charged, levied and collected under this Ordinance by the successor local governments and every person liable to pay such taxes, cess, fees, rates, rents, tolls, charges and accumulated arrears and receivables shall continue to make payment thereof until revised, withdrawn or varied under this Ordinance.

(2) Where any Local Council established under the repealed Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979), 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 Ordinance shall continue to receive such grant or compensation.

(3) Notwithstanding anything contained in section 109 and 119, for fiscal year 2001-2002, the local governments may not set apart 50% of the development budget for utilization specified therein:

Provided that the development schemes proposed by the Citizen Community Development Boards shall be given priority and included in the budget presented to the councils for approval.

186. Electoral Transition.— (1) Notwithstanding anything contained herein before, the first Zilla Councils, Tehsil Councils, Town Councils and Union Councils constituted under this Ordinance shall be deemed to be validly constituted if sixty percent seats thereof are filled in the elections held under the North-West Frontier Province Local Government Elections Ordinance, 2000 (N.-W.F.P. Ord. No. VI of 2000).

(2) Where local council has been validly constituted under sub-section (1), but seats of Nazim and Naib Nazim of the corresponding level have not been filled, the concerned council shall elect officiating Nazim and Naib Nazim from amongst its members until their seats are filled through by election.

(3) In any local area in which this Ordinance is in force but a relevant local government is not validly constituted due to a natural calamity or conditions beyond human control, the Government, may empower any person or persons to perform all or any of the functions of that local government under this Ordinance till the elected government assumes the charge of the office.

187. Transitional timeframe.—All actions required for giving effect to the provisions of this Ordinance and transition to the local government systems set up thereunder shall be completed by the 30th day of June, 2002.

CHAPTER XIX
MISCELLANEOUS

188. Complaint Cell.— Every District Government, Tehsil Municipal Administration, Town Municipal Administration and Union Administration shall set up a complaint cell for redressal of grievances within the ambit of their responsibilities under this Ordinance.

189. Training.— The Nazimeen, Naib Nazimeen and members of the Councils shall attend training courses for such periods and in such manner and at such places as may be prescribed by the Government from time to time.

190. Appeals.— Any person aggrieved by any order passed by a local government or its functionaries, in pursuance of this Ordinance or the rules or bye-laws made thereunder, may appeal to such authority, in such manner and within such period as may be prescribed.

191. Rules.— (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(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 Fifth 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 democratic decentralisation and subsidiarity;

(b) enhancement of welfare of the people;

(c) fairness and clarity; and

(d) natural justice and due process of law.

192. Bye-laws.— (1) A Zilla Council, Tehsil Council, Town Council and Union Council may, in their ambit of responsibilities, make bye-laws to carry out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the fore-going power, such bye-laws may provide for all or any of the matters specified in Part-Il of the Fifth Schedule:

Provided that the Government may make model Bye-Laws on any, some or all of relevant subjects for the sake of uniformity.

193. Members and servants to be public servants.— All Nazimeen, Naib Nazimeen, members of the Councils, functionaries of the local government and every other person duly authorised 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).

193-A. Delegation of Powers.— A Nazim may delegate any of his powers, including financial powers, under this Ordinance or the rules or bye-laws to any of its officer fully or partly and subject to such restrictions or conditions as he may deem fit, after approval by the Council.

194. 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 Ordinance.

195 General powers of local governments, etc.— Notwithstanding any specific provision of this Ordinance, every local government, Village Council and Neighbourhood Council shall perform their functions conferred by or under this Ordinance and in performance of their respective functions shall exercise such powers and follow such procedures as are enumerated in the Sixth Schedule.

196. Repeal and Savings.— (1) On commencement of this Ordinance, (i the North-West Frontier Province Local Government Ordinance, 1979 (N.W.F.P. Ord. No. IV of 1979), shall be repealed;

(ii) the North-West Frontier Province Local Government Elections Ordinance, 2000 (N.W.F.P. Ord. No. VI of 2000), shall be repealed; and

(iii) all “Metropolitan Corporation” Municipal Corporations, District Councils, Municipal Committees, Town Committees and Union Councils created under the North-West Frontier Province Local Government Ordinance, 1979 (N.W.F.P. Ord. No. IV of 1979), shall stand dissolved.

(2) Save as otherwise specifically provided, nothing in the Ordinance, or any repeal effected thereby shall effect or be deemed to affect anything done, action taken investigation or proceedings commenced, order, rule, regulation, appointment, conveyance, mortgage, deed, document or agreement made, fee levied, resolution passed, direction given, proceedings taken or instrument executed or issued, under or in pursuance of any law repealed or amended by this Ordinance and any such thing, action, investigation, proceedings, order, rule, regulation, appointment, conveyance, mortgage, deed, document, agreement, fee, resolution, direction, proceedings or instrument shall, if in force at the commencement of this Ordinance and not inconsistent with any of the provision of this Ordinance, continue to be in force, and have effect as if it were respectively done, taken, commenced, made, directed, passed, given, executed or issued under this Ordinance or the law, as amended by this Ordinance:

Provided that, until otherwise decided by the Government, the Local Government Boards established under the N.W.F.P. Local Government Ordinance, 1979 (N.W.F.P. Ord. No VI of 1979), for the administration of officers and officials of the Local Council Service or Local Council Unified Grade Service shall continue to function]

(3) Notwithstanding the repeal of North-West Frontier Province Local Government Elections Ordinance, 2000 (N.-W.F.P. Ord. No. VI of 2000), all Nazimeen, Naib Nazimeen, and members of the local governments elected under the said Ordinance shall be deemed to be have been elected under this Ordinance and shall continue to hold their respective offices till the completion of their terms, unless earlier removed, resigned or recalled under this Ordinance.

197. Removal of difficulty.—The Government may, by order, provide for the removal of any difficulty which may arise in giving effect to the provisions of this Ordinance.

198 Amendment of Schedules.— Government may, by notification in the official Gazette, amend or vary the fines specified in the Eighth Schedule or add or exclude any offence from the Fourth and Eighth Schedules.

(a) all rules, regulations and bye-laws made under the said repealed Ordinance of 1979; and

(b) the rules made under the said repealed Ordinance of 2000.

c) so far those are not inconsistent with the provisions of this Ordinance shall continue to be in force in the former case and shall stand revived and be deemed to have been so revived with effect from the 13th day of August, 2000, in the latter case, and shall continue in force, until amended or varied by the competent authority:

Provided that, until otherwise decided by the Government, the Local Government Boards established under the Northwest Frontier Province Local Government Ordinance, 1979 (N.W.F.P. Ord. IV of 1979), for the administration of officers and officials of the Local Council Service shall continue to function” substituted vide the Local Government (Fourth Amendment) Ordinance, 2002.

Annex-C
(For reference purpose only)
SECOND SCHEDULE
[See Sections 39(b), 54(l), 67(i) & 88(b)]

Part-I
Zila Council

1. Education tax.
2. Health tax.
3. Tax on vehicles other than motor vehicles.
4. Any other tax authorised by the Government.
5. Local rate on lands assessable to land revenue.
6. Fees in respect of schools, colleges, and health facilities established or maintained by the district government.
7. Fees for licences granted by the district government.
8. Fees for specific services rendered by a district government.
9. Collection charges for recovery of tax on behalf of the government as prescribed.
10. Toll on new roads, bridges, within the limits of a district, other than national and provincial highways and roads.

Part-Il
Tehsil and Town Councils

1. Local tax on services.
2. Tax on the transfer of immovable property.
3. Property tax on annual rental value of buildings and lands.
4. Fee on advertisement, other than on radio and television, and billboards.
5. Fee for fairs, agricultural shows, cattle fairs, industrial exhibitions, tournaments and other public events.
6. Fee for approval of building plans and erection and re-erection of buildings.
7. Fee for licenses or permits and penalties or fines for violation of the licensing rules.
8. Charges for execution and maintenance of works of public utility like lighting of public places, drainage, conservancy, and water supply.
9. Fee on cinemas, dramatical, theatrical shows and tickets thereof, and other entertainment.
10. Collection charges for recovery of any tax on behalf of the Government, District Government, Union Administration or any statutory authority as prescribed.

Part-Ill
Union Councils

1. Fees for licensing of professions and vocations.
2. Fee on sale of animals in cattle markets.
3. Market fees.
4. Fees for certification of births, marriages and deaths.
5. Charges for specific services rendered by the union council.
6. Rate for the remuneration of Village and Neighbourhood guards.
7. Rate for the execution or maintenance of any work of public utility like lighting of public places, drainage, conservancy and water supply.

Annex-D
(For reference purpose only)
FOURTH SCHEDULE

[See sections 141, 144 and 145]

Part—I

1. 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.

2. 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.

3. Discharging any dangerous chemical, inflammable, hazardous or offensive article in any drain, or public water course or public land 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.

4. 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.

5. Preparing or using counterfeit or prescribed forms of the local government for recovery of taxes.

6. Erection or re-erection of building over set back area or parking area or building line area required to be left open under the rules for using such space for any purpose which is not approved.

7. Changing or converting into any other use any portion of a commercial building or area specified or earmarked for public parking.

8. Failure to demolish or otherwise secure a building declared by the local government to be dangerous building.

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.

10. 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.

11. Supplying or marketing drinking water for human consumption in any form, from any source which is contaminated or suspected to be dangerous to public health, or its use has been prohibited by a local government on the ground of being unsafe for human consumption, or whose quality and suitability for human consumption has not been ascertained and certified by a laboratory authorized by the Government.

12. Cultivation of agriculture produce or crop, for supply or sale to public using such manure, or irrigating it with sewer water or any such liquid as may be injurious to public health or offensive to the neighbourhood.

13. Quarrying, blasting, cutting timber or carrying building operations in such manner as causes or is likely to cause danger to persons passing by or living or working in the neighbourhood.

14. Erection or re-erection of a building without the sanction required under this Ordinance or using a building for a purpose which may endanger the security of people.

15. Dyeing or tanning skins within such distance of any commercial or residential area as may be specified by the local government.

16. Violation of the prohibitions provided in the Master Plan, the sanctioned Site Development Schemes under this Ordinance, Cities Acts, or any other law for the time being in force including the plans and schemes sanctioned under the repealed enactments.

17. Adulteration of any eatable or drinkable or consumable item sold or supplied to the public.

18. Neglect in safe storage of eatable, drinkable and other consumable items sold or supplied to the public.

19. Manufacturing, trading, storing or supplying any eatable or drinkable item and other items unsafe for human consumption or public health.

20. Contravention of the prohibition or attempt or abetment of any of the offences in this part.

Part—Il

21. Wilfully obstructing any officer or servant of a local government or any person authorized the exercise of power conferred under this Ordinance.

22. Establishing any cattle market or bakar mandi without permission of the local government.

23. Failure to deliver back possession of property to the local government on cancellation and expiration of lease.

24. Establishing any bus, wagon, taxi or other commercial motorized or nonmotorized 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.

25. Establishing or running any restaurant or vending stalls for eatables on any road, street, footpath, public place, over a drain, or any other property vesting in or managed or controlled or maintained by a local government without its permission.

26. Fixing of wooden khokhas, plying of handcarts for the sale of goods and temporary shops or extension thereof on footpaths or beyond the street line.

27. Establishing a brick kiln and lime kiln within such distance of a residential area as may be specified by the local government.

28. 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 neighbourhood.

29. Slaughtering of animals for the sale of meat at a place other than the place set apart for the purpose.

30. Cutting down of any tree, or cutting of a branch of any tree, or erection or demolition of any building or part of a building where such action is declared under this Ordinance to be a cause of danger or annoyance to the public.

31. Stocking or collecting timber, wood, dry grass, straw or other inflammable material or fuels, adjacent to commercial buildings or residential houses.

32. Without the permission of the local governments causing or knowingly or negligently allowing the contents of any sink, sewer or cesspool or any other offensive matter to flow, or drain or to be put upon any street, or public place, or into irrigation channel or any sewer or drain not set apart for the purpose.

33. Doing an act without licence or permission when the doing of such act requires a licence or permission under any of the provisions of the Ordinance or the rules or byelaws.

34. 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.

35. Keeping or maintaining any cattle in any part of the prohibited zone or failure to remove the cattle from the prohibited zone within the specified time when an order to this effect has been made.

36. Keeping ferocious dogs or other animals in residential areas or taking such animals to public places without leash.

37. Obstructing or tampering with any road, street, drain or pavement.

38. Obstructing or tampering with any main pipe, meter or any apparatus or appliance for the supply of water or sewerage system.

39. Evasion of payment of tax or other impost lawfully levied by a local council.

40. 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.

41. Attempts and abetments of any of the offences as aforesaid.

42. Contravention of the prohibition or attempt or abetment of any of the offences in this part.

PART—Ill

43. Laying out a drain or altering any drain in a street or road without the sanction required under this Ordinance.

44. Connecting any house drain with a drain in a public street without the permission required under this Ordinance.

45. Excavation of earth, stone or any other material within such distance of the residential area as specified by the local government.

46. 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.

47. Failure to furnish, on requisition, information in respect of any matter which a local government is authorized to call for under any of the provisions of this Ordinance, rules or bye-laws or furnishing wrong information.

48. Obstructing lawful seizure of animals liable to be impounded on the ground of violations of rules or byelaws governing the picketing, tethering, keeping, mulching or slaughter of animals or their trespass of private or public property.

49. Picketing, parking animals or collecting carts or vehicles on any street, using any street as a halting place for vehicle or animals or as a place encampment without the permission of the local council concerned.

50. Causing or permitting animals to stray or keeping, tethering, stalling, feeding or grazing any cattle on any road, street or thoroughfare or in any public place or damaging or causing or permitting to be damaged any road, street or thoroughfare by allowing cattle to move thereon.

51. Disposal of carcasses of animals within prohibited distance.

52. 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.

53. 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.

54. Failure to provide for disposal of litter or garbage inside or outside a shop by its owner.

55. 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.

56. Watering cattle or animals, or bathing or washing at or near a well or other source of drinking water for the public.

57. Steeping hemp, jute or any other plant in or near a pond or any other excavation within such distance of the residential area as may be specified by a local government.

58. Drawing off, diverting or taking any water except with the permission required under this Ordinance.

59. Failure to provide, close, remove, alter, repair, clean, disinfect or put in proper order any latrine, urinal drain, cesspool or other receptacle for filth, sullage, water or refuse by an owner of a house, shop, office, industry or premises.

60. Failure to clean the premises, houses, shops and cultivated lands of the plastic bags and other nonperishable materials.

61. Damaging or polluting physical environment, inside or outside private or public premises, in a manner to endanger public health.

62. Failure by the owner or occupier of any land to cut or trim the hedges growing thereon which overhang any well, tank or other source from which water is derived for public use.

63. Failure by the owner or occupier of any land or building to clean, repair, cover, fill up or drain of any private well, tank or other source of water supply, which is declared under this Ordinance to be injurious to health or offensive to the neighbourhood.

64. Failure to stop leakages of water pipes, faucets and sanitary fittings resulting in dirty water pools affecting physical environments and breeding of mosquitoes.

65. 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.

66. 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.

67. Defacing or disturbing any direction-post, lamp post or lamp extinguishing or any light arranged by a local government without due authority.

68. Fixing any bill, notice, placard, poster or other paper or means of advertisement against or upon any private or public building or place other than the places fixed for the purpose by a local government.

69. Exhibiting any obscene advertisement.

70. Loud playing of music or radio, beating of drum or tom-tom, blowing a horn or beating or sounding any brass or other instruments or utensils in contravention of any general or special prohibition issued by a local government or a hospital or an educational institution.

71. Loud shouting in abusive language causing distress to the inhabitants of a neighbourhood or village or any other public place.

72. Using or allowing the use for human habitation of a building declared by a local government to be unfit for human habitation.

73. Failure to lime-wash or repair a building if so required by a local government.

74. Begging importunately for alms by exposing any deformity or disease or any offensive sore or wound to solicit charity.

75. Failure of the head of family to report the birth or death to a local government or a person appointed in this behalf within a reasonable time.

76. Causing or permitting to be caused by any owner or keeper of an animal, through neglect or otherwise, damage of any land or crop or produce of land, or any public road, by allowing such animal to trespass thereon.

77. Selling cattle and animals in contravention of any law, rule or byelaws of a local government.

78. Kite flying in contravention of any general or specific prohibition issued by a local government.

79. Keeping pigeons or other birds in a manner causing danger to air traffic.
80. Contravention of the prohibition or attempt or abetment of any of the offences in this part.

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