AN ANALYSIS OF LOCAL

GOVERNMENT
STATUTES OF
THE PUNJAB AND KHYBER PAKHTUNKHWA
PROVINCES
May 2014
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Table of Contents

Historical Perspective 2

Legislation after independence 3

Local Government Ordinance, 1979 4

Local Government Ordinance, 2001 5

Punjab Local Government Act, 2013 7

Khyber Pakhtunkhwa Local Government Act, 2013 9

Conclusion 10

Sources of Reference 12

Annex 1 12-13

Annex 2 110-111
Historical Perspective
The basic philosophy of local government system is that the
affairs of an area, how large or small may be, including
administration thereof, provision of services, like water, gas,
electricity, roads, educational and health facilities, taxation,
policing and resolution of minor disputes are managed and
processed by the residents of that area, either directly or
through their representatives. The excavations of the cities
of Moenjodaro (Sindh), Harappa (Punjab), Takhat Bhai
(Khyber Pakhtunkhwa) and several other archeological
sites in Pakistan relating to 5000 to 4000 B.C. are clear
indicative of the fact that even during ancient period, the
Indus civilization had certain bodies or organizations in the
administration who were responsible for provision of basic
civic services, such as sanitation and development of water
sources. Under the Mughals who were very fond of
greenery, during the long reign provided and developed
gardens, fountains and public baths, etc., for the common
people.
During seventeenth century, the British colonial rule of
Indian sub continent commenced through East India
Company, Charted by the Queen of England on the 31st
December, 1600. The Company was, in the first instance,
formed to have trade with Indian states, but shortly after
landing in India, it assumed the role of an agent of British
Crown and started occupying the Indian territories and
establishing its rule thereon. In this process, Madras was
the first territory on which the Company established its
complete control. In 1688, Madras was declared as a
Municipal corporation for the purpose of looking after the
civics arrangements of the area. In 1842, when the
Company had occupied a large chunk of Indian peninsula
and several southern states, the first legislation, namely the
Conservancy Act was introduced in Bengal Presidency
where under Conservancy Committees were constituted.
Since the British Government had annexed Sindh with
Bombay Presidency, the law was also made applicable to
Karachi by constituting a Board of Conservancy in the same
year. Later, on the same pattern under the Municipal Act,
1846, such Committees were established at Lahore and
Rawalpindi. This legislation was, however, limited in scope
as it only provided for setting up of Sanitary Committees in
certain towns on the request of residents or owners of the
houses in a locality for the purpose of maintenance of
conservancy, including collection of garbage and disposal
thereof. This was followed by the All India Municipal Act,
1850 which was, initially, enforced in four towns of Bengal
and Punjab having concentration of British and other
Eruption nationals. Under this statute, Municipal
Committees could be set up in the area on the desire of
owners of houses thereof.
Subsequently, in 1852, the law was extended to Karachi and
accordingly a Municipality was established for that district.
Later, in year 1867, the Punjab Municipal Act was introduced
where under Committees comprising official and non-
official members could be appointed by the Government for
a period of two years, inter alia, with the object to make them
responsible for management of conservancy affairs. During
the same period, the District Improvement Act, 1864, was
enforced whereby Commissioners of the Divisions were
nominated as ex-officio Chairmen of the Municipal
Committees of the districts of their respective divisions.
Similarly, in 1868, the Bengal District Town Act applicable to
small towns was issued. Under the said law, the respective
Town Magistrates were to head the civics bodies of the
towns. In 1884, pursuant to Lord Ripon's Resolution, the
Municipal Acts were issue for Punjab, Bengal and Bombay.
Under those enactments elected members were to
constitute the Municipal Committees along with the
Government appointed members.
In 1873, the Punjab Municipal Act came into being vesting
enhanced powers upon the municipalities in the matter
concerning municipal service. Likewise, the Bengal District
Municipal Act, 1878, was introduced and thereby City of
Municipality of Karachi was established. Because of
enlargement of occupied territories and for better
governance thereof, the British Government constituted
several Commissions to improve system of Local Self-
Government for the purpose of delegating the municipal
functions upon the municipalities for discharge of civic
services. In this context, the Government of India Act, 1919,
brought drastic improvement in the system of Local Self-
Government. By virtue of the said enactment, the subject of
Local Self-Government was made a 'transferred subject'.
Consequently, in 1922 the Ministry of Local Self-
Government was established in the Province of Punjab. In
1925, the Bombay City Municipality Act was introduced
which was also applicable to Sindh. By Virtue of the said
legislation more of the Municipal powers and administration
of Cities were devolved to municipalities. The Bengal
Municipal Act, 1932, repealing 1884, statute upgraded the
system of Local Self-Government of the Province. In 1933,
Karachi was given the status of Municipal Corporation
under the City of Karachi Act, 1933.
The Government of India Act, 1935 which ultimately paved
the way for partition of India into two independent states of
Pakistan and India empowered the Provinces to make
legislation on Local Self-Government by adding the
following entry in the Provincial Legislative List:-
"13. Local government, that is to say, the constitution and
powers of Municipal corporations, improvement trusts,
district boards, mining settlement authorities and other local
authorities for the purpose of local self-government or
village administration."
The empowerment of Provinces to legislate on the subject
of Local Self-Government, energize the Provincial
legislators to strengthen the system. Accordingly, there was
a rapid growth of fresh legislation for widening of the scope
of local self-government. In consequence thereof, Lahore
was made a Municipal Corporation under the Lahore
Corporation Act, 1941, while under the Quetta Municipal
Act, 1946, similar status was given to the city of Quetta. This
policy change continued till the creation of Pakistan.
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Legislation after independence
On independence of the country, there were several serious
problems to handle for the newly created state of Pakistan.
In particular, there was a large influx of refugees from India
who had nothing with them so most of the energy and efforts
were spent in settlement of refugees in different parts of the
country. After independence, for quiet sometimes, the laws
made during pre-independence period continued and
remained in force in accordance with the Independence Act
of 1947. The Government was, however, full conscience of
the importance of the local self-government.
In 1950, the North-West Frontier Province Municipal Act was
introduced on the lines of Lahore Corporation and Quetta
Municipal Acts referred to above. The Local Service Act,
1947, passed by the Sindh Provincial Assembly whereby a
separate service for local governments was created. Entry
13 of the Provincial Legislative List of 1935 Act was repeated
in the 1956 Constitution of the Islamic Republic of Pakistan
and since then the subject of local government continues to
be a Provincial subject in the successive Constitutions.
On October 7, 1958, Field Martial Muhammad Ayub Khan
took control of the country by imposing Martial Law. Shortly
after assuming powers, he introduced the Basic
Democracies Order, 1959, repealing the exiting local
government laws. This enactment set up local bodies at
grass-root level both in the erstwhile East and West Pakistan
Provinces. It was supplemented by the Municipal
Administration Ordinance, 1960, providing in detail the
municipal services to be arranged and managed by local
bodies. These two statutes laid down an elaborate system of
local self-government. It was intended by the Legislature
that the Basic Democracies would bring coordination
between the people and government functionaries. Under
the fist statute, in urban areas, the lowest tier was Union
Committee having six to ten elected members who used to
elect a Chairman from amongst themselves. Such
Committees had no fiscal powers. The Chairman of Union
Committees were, however, acted as ex-officio members of
the Municipal Committees. The Chairmen of the Municipal
Committees were appointed by the Provincial Government.
In rural areas, the lowest tier was the Union Council
comprising a group of villages. The members of the
Councils elected the Chairman of the Union Council who
also attained ex-officio membership of the higher Council.
Over the above, these Councils and Committees, there was
a District Council comprising all Chairmen of Union
Councils, Towns and Union Committees. A District Council
was required to coordinate the activities of all Councils and
Municipal Committees and Town Committees. Town
Committees were constituted to perform municipal and
social welfare functions. District Councils were empowered
to levy taxes. However, the law lost faith amongst the people
mainly because subsequently, the members of Councils
and Committees were made an Electorate Collage for the
election of President of Pakistan and Legislative Assemblies
as well as undue interference in the affairs of the Councils
and Committees by the appointed members. Although the
system brought land reforms and progress in agriculture
production, the second statute i.e., the Municipal
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Administration ordinance 1960, however, still exist on the
statute book and provides a guide line for subsequent
legislation on the subject of local government,
administration thereof and issues dealing with municipal
services.
In 1969, General Yahya Khan replaced Field Martial
Muhammad Ayub Khan and took control of the country. He
repealed the Basic Democracies Order, 1959, and took two
fundamental decisions which brought drastic changes and
ultimately altered the destiny of the State. In 1954, the four
Provinces, namely Sindh, Baluchistan, North-West Frontier
and Punjab were united to create the Province of West
Pakistan. This union made the things easier for the
Constituent Assembly entrusted with the task of making
Constituent for the country. All agreed to the principal of
parity where under the seats in the National Assembly of
Pakistan were divided at the ratio of fifty percent each
between the Province of West Pakistan and the Province of
East Pakistan. General Yahya Khan conceding to the
demand of certain Political Parties restored the four
Provinces by dissolving Province of West Pakistan. He also
did away with parity system and decided to hold general
elections in the country on the basis of one man one vote.
This decision gave an upper hand to East Pakistan which
was numerically in advantageous position having higher
proposition population than the Province of West Pakistan.
Accordingly as a result of the elections on the basis of the
said formulas, in East Pakistan Sheikh Mujeeb-ur- Rehman,
as leader of the Awami Party obtained majority votes, while
in West Pakistan Mr. Zulifqar Ali Bhutto gained the majority
through his newly created Peoples Party. This division
ultimately led to dismemberment of Pakistan. The Province
of East Pakistan declared independence and formed the
State of Bangladesh. In West Pakistan, General Yahya khan
handed over powers to Mr. Z A Bhutto who finally became
President of Pakistan (erstwhile West Pakistan). Later on,
the new Assembly gave a new Constitution, namely
Constitution of the Islamic Republic of Pakistan. Although,
the Peoples Party which was headed by Mr. Bhutto had
absolute majority and had made an elaborate framework for
local governments and their functions, but he failed to
implement his vision. No practical steps were taken for
making any legislation on the subject of local governments
nor were any efforts made for holding elections of lowest
structure of government.
Local Government Ordinance, 1979
On July 5, 1977, the armed forces under the command of
General Zia ul Haque took control from the elected
government of Mr. Zulifqar Ali Bhutto. After two years i.e., in
1979, General Zia introduced identical Ordinances for four
Provinces on the local government repealing the previous
enactments on the subject. These were very elaborate
statutes and were generally welcomed as these statutes
created a hope amongst the people for resolution of their
daily civics problems at local level. The new legislation
provided for civics bodies both for rural and urban areas
with enhanced fiscal responsibility. The law also provided
the concept of metropolitan corporations. The local
councils were empowered to levy taxes and duties, cause
removal of encroachments and nuisances as well as to
initiate prosecution of the delinquents. The new legislation
certainly empowered the local government institutions to
manage their own affairs, particularly in matters relating to
previsions of civics services. It was considered that the new
laws undoubtedly had taken positive steps towards
devolution of powers to the lower tiers of democratic
institutions. Elections were also held in all the Provinces
under the new Ordinances, but these statutes were strongly
criticized for having too much official interference in the
affairs of the civics bodies.

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Local Government Ordinance, 2001
On October 12, 1999, armed forces once again, under the
command of General Musharaf, the Chief of Pakistan Army,
took control of the government by replacing the elected
government of Mr. Muhammad Nawaz Sharif. In the very
beginning of taking power in his hands, General Musharaf
expressed his intentions to enforce good governance
through institutionalized participation of people at the grass
root level through a representative system of local
government. He in this regard introduced a uniform system
of empowered local government in all the four Provinces
from the 14th day of August, 2001, through Provincial Local
Government Ordinances. The fundamental principles
involved in 2001 statutes can be summarized as under:-
devolution of political power;
centralization of administrative authority;
distribution of resources to the districts;
de-concentration of management functions; and
diffusion of power-authority nexus.
In the light of above principles, the new legislation intended
to achieve the following objectives:-
removal of rural and urban divide and differences in
provision of local government services;
resolution of problems of the people at the local level
by involving and empowering the masses in decision-
making at grass root level;
facilitation to the community for participation in
development work;
re-modeling the bureaucracy attached with the local
government institutions in a manner that a unified
administrative structure emerges at the district level to
ensure adequate provision of services to the people;
ensuring that the new system of local governments,
through effective checks and balances, serves the
genuine interests of the people and their rights are
safe guarded; and
creation of an enabling environment in which the
people may participate in community welfare and be
masters of their own destiny.
Similar enactments were introduced for Cantonments and
Islamabad Capital Territory in the year 2002 (Ordinance
Nos. CXXXVII and CXVII respectively). Likewise, legislation
on the lines of above referred to Ordinances was initiated for
Azad Jammu and Kashmir and Federally Administered
Tribal Areas, but for various reasons such legislation was not
be finalized. Under the Provincial Ordinances, however,
twice elections were held in all the Provinces in years 2002
and 2005, on non-party basis. Nevertheless, elections could
not be held in Cantonments and Federal Capital Territory on
the grounds of various administrative complexities.
Under the Provincial Ordinances, age of voters was brought
down from 21 to 18 years. Shortly thereafter, under the
Seventeenth Amendment to the Constitution of Pakistan
voters minimum age has been fixed at 18 years. In order to
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05 PUNJAB & KHYBER PAKHTUNKHWA
give representation to womenfolk who generally are shy to
context election for public offices, in all Councils of the local
governments, one-third seats of total numbers of members
were reserved for women. These provisions were highly
appreciated and brought great enthusiasm amongst
women. Since then in every election for public offices
number of women candidature is on increase.
It is a matter of general knowledge that in our social set up,
minor disputes amongst the residents, particularly in rural
areas, are one of the main sore point which hamper the
process of development and cohesion in the society. Such
disputes not only create friction and mistrust amongst the
citizens, rather ultimately lead to unnecessary litigation
causing drain on resources as well as develop lack of will to
work for welfare of social environment. Previously, such
minor disputes were used to be resolved through the
statutory institutions of Conciliators or Elders, generally
known as Punchyats and Jirgas. With the changes in
legislation, these institutions lost their compulsory force, but
traditionally in tribal areas and remote rural culture, the
efficacy of these institutions is still in vogue. Even at present,
under the Conciliation Courts Ordinance, 1961, in marriage
disputes, system of conciliation and mediation between the
erring spouses through their hakams (representatives) is
legally enforceable. On the same lines, in the Provincial
Local Government Ordinances, 2001, the resolution of
disputes through arbitration, mediation and conciliation
was provided under the institution of Musaliat Anjuman. The
law envisaged that peoples problems are settled at local
level by encouraging the public participation in decision-
making. The essence of this system was that the local
governments would be accountable to the citizens for all
their decisions. For that purpose, institution of Musalihat
Anjuman was set up to resolve the peoples disputes al local
level on the principles of alternate dispute resolution that is
through mediations, conciliation and arbitration.
The legislation also introduced a new system of public
participation in development work through Citizen
Community Boards. Under this mechanism, the
community was directly involved in development and
welfare thereof by making small contribution and act as
watchdog thereof. Briefly, the law envisaged that in a local
area, a group of twenty-five or more non-elected citizens
may, through voluntary proactive and self help initiative, set
up a Citizen Community Board for the purpose of
development and improvement of service delivery of the
area. Such Board was required to collect at least twenty
percent of the cost of the development work, while eighty
percent of the balance cost shall be borne by the
Government. The Board was empowered to supervise the
work directly. These Boards carried out tremendous
development work for their respective communities.
In order to consolidate and strengthen the local government
system and avoid drastic changes therein, a new Article
140A was added to the Constitution of Pakistan through the
Seventeenth Amendment. By virtue of that addition, it was
provided that each Province shall, by law, establish a
system of local government and devolve political,
administrative and financial responsibility and authority to
the elected representatives of the local governments. This
provision was supplemented by adding another provision
through the Eighteenth Amendment to the Constitution to
the effect that in future elections to the local governments
shall be conducted by the Election Commission of
Pakistan instead of Provincial Election Commissions. But
after the expiry of the terms of local governments in
December, 2009, the new elected Provincial Governments
openly expressed their intention to repeal the 2001
Ordinances and introduce new legislation on the subject. In
view thereof, holding of local government elections were
postponed on one ground or other. No doubt that there were
certain administrative problems in implementation of the
local government system under 2001 Ordinances, but those
could be removed by making minor changes in the statutes.
Further there was a hidden jealousy amongst National and
Provincial Legislators who were against the devolution of
their powers, particularly in development work to the local
governments. Above all, the bureaucracy which had, due
to absence of non- elected governments for a long period,
become very strong did not like the divesting of their
powers to the elected representatives of the people. They
not only opposed the new system of devolution of powers,
rather openly propagated and depicted the system to be the
main cause for corruption and rapid detonation of the norms
of the social values. In this regard, Baluchistan was the first
Province to replace 2001 Ordinance by Baluchistan Local
Government Act, 2011. The Province of Sindh initially
revived the 1979 law then replaced it with Sindh Peoples'
Local Government Act, 2012, and once again replaced it in
2013, with Sindh Local Government Act. Khyber
Pakhtunkhwa introduced a new legislation in 2012, but later
on after elections of May 11, 2013. Later, on coming in power
of new political government in the Khyber Pakhtunkhwa, on
November 5, the said law was replaced with the Khyber
Pakhtunkhwa Local Governments Act, 2013. Earlier, the
Punjab repealed 2001 Ordinance and enforced the Punjab
Local Government Act, 2013.

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Punjab Local Government Act, 2013
The Punjab was the last Province to do away with the Punjab
Local Governments Ordinance, 2001. On August 23, 2013,
the Provincial Assembly passed the Punjab Local
Government Act, 2013 (XVIII of 2013), by replacing the
Punjab Local Government Ordinance, 2001, (XIII of 2001).
Later, on 13th September, 2013, vide Notification No. SOR
(LG) 39-20/2013, issued under sub-section (3) of section 1
of the aforesaid Act, all previsions of the Act except section
154 thereof dealing with repeal of 2001 Ordinance were
enforced with immediate effect. The new legislation is more
tilted towards 1979, Punjab Local Governments Ordinance
and Ordinance 2001 promulgated during General Mushraf
regime. It introduces several levels of local governments
and Authorities, i.e., one for Education and other for Health.
It is a new experience towards promotion of educations and
health-care. The law as well has retained several provisions
of 2001 Ordinance, but no administrative office has been
devolved to the local governments. Technically, however, it
is a well balanced and progressive statute.
Under the Act, the lowest tier of the local government is the
Union Councils, both for the rural and urban areas to be
notified by the Government for each district, to be called the
Village Councils and City Councils respectively. Each Union
Council shall have a Chairman and Vice Chairman to be
elected directly as joint candidates. In addition thereto, each
Council shall have six members elected on general seats
and the following members on the reserved seats on the
basis of adult franchise:-
(a) two women members;
(b) one peasant member in a rural Union Council or one
worker member in an urban Union Council;
(c) one youth member; and
(d) one non-Muslim member.
Except the Lahore district, the next higher forum of local
government at district level are the District Councils for rural
areas and Municipal Committees for every notified
integrated urban areas having a population of thirty
thousand or more but less than five hundred thousand
persons. All Chairmen of the rural Union Councils shall be
the members of the District Council along with the following
members indirectly elected on the reserved seats:-
(i) such number of women members, not exceeding five,
as the Provincial Government may notify on the basis of
number of Union Councils in the District Council;
(ii) such number of peasant members, not exceeding
three, as the Government may notify on the basis of
number of Union Councils in the District Council;
(iii) one technocrat member;
(iv) one youth member; and
(v) such non-Muslim members, not exceeding five, as the
Government may notify for each District Council.
Chairman and Vice Chairman of the District Council shall be
elected from amongst the members of the District Council.
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In urban areas, the next higher local governments are the
Municipal Committees. The members of the Municipal
Committees shall elect their Chairmen and Vice Chairmen
as joint candidates from amongst themselves, by majority
votes of the members present and voting. Each such
Committee consists of directly elected members from the
specified wards thereof and the following members
indirectly elected on the reserved seats by the directly
elected members:-
(i) such number of women members, not exceeding five,
as the Government may notify on the basis of number of
wards in the Municipal Committee;
(ii) such number of worker members, not exceeding two,
as the Government may notify on the basis of number of
wards in the Municipal Committee;
(iii) one youth member; and
(iv) such number of non-Muslim members, not exceeding
three, as the Government may notify for each Municipal
Committee.
In the first session of the Municipal Committee after election,
the members shall elect Chairman and Vice Chairman of the
Committee, as joint candidates, by majority of the members
present and voting.
The Government may declare and notify an integrated
urban area having a population of more than five hundred
thousand to be a Municipal Corporation comprising the
Chairmen of all Union Councils in the area of Municipal
Corporation and shall include the following members
indirectly elected on the reserved seats, by the Chairmen of
the urban Union Councils present and voting:-
(a) such number of women members, not exceeding
fifteen, as the Government may notify on the basis of
number of Union Councils in the Municipal
corporation;
(b) two worker members;
(c) two technocrat members;
(d) one youth member; and
(e) such non-Muslim members, not exceeding five, as the
Government may notify for each Municipal
Corporation.
Under the Act of 2013, the District of Lahore has been
named as the Metropolitan Corporation of Lahore,
comprising Chairmen of all Union Councils in the district
and the following members indirectly elected on the
reserved seats, by the Chairmen of the Union Councils
present and voting:-
(a) twenty-five women members;
(b) five worker members;
(c) three technocrat members;
(d) two youth members; and
(e) ten non-Muslim members.
The minimum age for every member of the Councils,
Municipal Committees, Municipal Corporation and
Metropolitan Corporation has been fixed at twenty-five
years. But for Youth members, the qualifying age for
becoming a member is restricted to from twenty-one to
twenty-five years. The tenure of all Councils, Municipal
Committees and Municipal Corporations is five years. On
the lines of the Basic Democracies Order, 1959, Local
Government Ordinances, 1979 and 2001, initially, the
Punjab Local Government Act, 2013 provided for holding of
elections of the local governments at all levels on non-party
basis. Subsequently, because of persistent demand of the
public and Courts decisions, by virtue of the Punjab Local
Government Act, 2013(XXIII of 2013), passed by the
Provincial Assembly on December 13, 2013, it has been
provided that henceforth all elections under the principal
legislation shall be held on party basis through secret ballot.
community itself is also based on the principle of alternate
dispute resolution. These are certainly a beneficial
institution and may provide a relief from expensive litigation.
Nevertheless, all the good work done in making new
legislation, the holding of election of elections for the local
governments are not in sight. In this respect, several
petitions have been made in the superior courts seeking
directions to the Provincial Government for holding
elections expeditiously. Nevertheless, the Government
always on one pretext or other successfully pleaded for
more time. The local governmental elections and the
peoples; representation at grass root level, therefore appear
to be a farfetched illusion.

The law provides for setting up two Authorities namely,

District Education Authority and District Health Authority for
every district. Each of such Authority shall comprise such
number of indirectly elected members from the local
governments specified in the Schedule annexed to the Act
and nominated technocrat members on the basis of
proportion of population of the district and in accordance
with the rules to be made for the purpose. The members of
the local governments shall be elected by the local
governments, other than the Union Councils, in the district.
The nomination of technocrat members shall be made by
the Government on the basis of their expertise in the
relevant field, provided that the number of nominated
members shall not exceed the elected members. The
Government shall appoint Chairmen and Vice Chairmen of
the Authorities. The law in detail provides the functions of
the Authorities. District Education Authority shall, inter alia,
manage and supervise the primary, elementary, secondary
and higher secondary schools, adult literacy and non-
formal basic education, special education institutions of the
Government in the district. Likewise, the District Health
Authority is, inter alia, required to establish, manage and
supervise primary and secondary Health care facilities and
institutions.

Elaborate functions have been assigned, under the law, to

all levels of local governments for carrying out civic services
in their respective spheres. The local governments have
been empowered to levy duties and taxes. For the purpose
of having financial control over the local governments, the
law proposes for appointment of a Finance Commission
headed by Provincial Minister for Finance. For
administrative control, a Local Government Commission
has been set up with Provincial Minister for Local
Government as its head. On the lines of Local Government
Ordinance, 2001, the new statute contains provisions for
amicable settlement of disputes through a Panchayat and
Musalihat Anjuman to be constituted by Village Councils
and City Councils respectively. Both the forums shall consist
of nine members, at least two of whom shall be women, to
be nominated by Panchayat and Musalihat Anjuman, as the
case may be. This system of settlement of disputes by the

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Khyber Pakhtunkhwa Local Government Act, 2013
The Khyber Pakhtunkhwa Local Government Act, 2013, thereof and hold inquiries against a Nazim, Naib Nazim or a
passed by the Provincial Assembly generally follows the member of a Local Council. Where the Commission
provisions of the North-West Frontier Province Local considers necessary, it may recommend to the Chief
Government Ordinance, 2001, which had come into force Minister of the Province for suspension of a Nazim, Naib
on the 14th day of August, 2001 (since repealed by the Nazim or a member of the local government for a period not
Khyber Pakhtunkhwa Local Government Act, 2012). Like exceeding thirty days or for taking such action as he may
the repealed 2001 Ordinance, the new statute provides consider necessary. The Commission is given the powers of
District Governments for every district comprising District a Civil Court in respect of summoning or compelling a
Council and District Administration (district of Peshawar person to appear before it and received avoidance.
shall, however, be City District and its local government shall Similarly, a Provincial Finance Commission has been set up
be called the City District Government). The next follows under the Act to be headed by the Provincial Finance
Tehsil/Town Municipal Administration and Tehsil/Town Minister. The local governments have been given powers to
Councils. Nevertheless, under the new law, the Union raise funds and levy taxes on specified subjects. The Khyber
Administrations and Union Councils have been replaced Pakhtunkhwa Local Government Act, 2013, contains quite a
with the Village and Neighborhood Councils for rural and few provisions on the lines of 2001 Ordinance relating to
urban areas respectively. Under the 2001 Ordinance, Village decentralization of several Provincial administrative offices,
and Neighborhood Councils were to be declared and set up in particular Health and Education, to the elected
by the Tehsil or Town Councils in the respective Union areas, representatives of the local governments. There is also quiet
whereas under the present statute, Village and a force in the claims of the Government regarding bringing
Neighborhood Councils make the third tier of the local of democracy to the doorsteps of the people. Unfortunately,
governments. The other distinguishing feature of the new however, the Provincial Government has not yet enforced
Act is that unlike the repealed Ordinance, the Nazims, the law as is required under sub-section (3) of section 1 of
District Councils, Tehsil and Town Councils are to be headed the Act. It otherwise means that despite passage of 2013
by the respective Nazims and not the Naib Nazims who only Act, for all practical purposes, the Khyber Pakhtunkhwa
preside over the meetings of the Councils in absence of the Local Government Act, 2012, which is based on 1979
Nazims. Ordinance, is still in force. Even otherwise, no efforts for
holding local government elections are in sight. Nor in this
The law provides for various categories of membership for regard, any tentative date for such elections has been
Districts, Tehsils and Towns Councils as specified in the indicated.
Second Schedule to the Act. The said Schedule specifies
general seats on which members are to be elected directly
on the basis of adult franchise and joint electorate. In
addition thereto, each Council shall have specified number
of seats reserved for women, peasants and workers, youth
and non-Muslims. All elections are required to be held on
party basis. The elections for reserved seats are to be held
through system of proportional representation.
Accordingly, each political party contesting elections on
reserved seats will be required to submit a list of its
candidates for such seats. The number of reserved seats for
women in the District and Tehisl Councils has been reduced
to 30% as compared to the seats reserved for women in the
repealed 2001 Ordinance where the number of women
reserved seats was fixed at 33%. Nevertheless, the addition
of reserved seats for youth is a new phenomenon. The
minimum age for all members of the Councils has been
fixed at twenty-one years, but for youth, the maximum age
for membership is thirty years. The tenure of the local
government has been fixed for four years.

On the lines of 2001 Ordinance, the present 2013 statute

devolves several offices of the Provincial Government upon
the City District Government and District Governments. The
law provides that the administrative and financial authority
for the management of the offices of the Provincial
Government shall stand devolved to the City/District
Governments from the commencement thereof. The latest
statute envisages constitutions of a Local Government
Commission for looking after the affairs of the local
governments. It is empowered to conduct inspections

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

09 PUNJAB & KHYBER PAKHTUNKHWA
Conclusion
The term of the Local Governments which had taken charge
as a result of 2005 elections under the provisions of the
Local Government Ordinances, 2001, expired in December
2009. In the meanwhile, general elections were held for
election of members of the National Assembly and four
Provincial Assemblies in February, 2008. This resulted into
Peoples Party coming into power at the Federal as well as in
Baluchistan in coalition with several other political parties,
including Muslim League (Q), Jamiet-e-Islam (F) and Awami
National Party. In Khyber Pakhtunkhwa Province, it
supported Awami National Party to form the Government. In
Punjab, however, Muslim League (N) emerged as
successful party and formed the government accordingly.
But surprisingly, neither the Federal Government nor the
Provincial Governments showed any interest to hold local
government elections. In this context, several persons in
their individual capacity and organizations moved the
superior courts for issuing appropriate directions to the
Federal and Provincial Governments for holding local
government elections forthwith.. The Courts repeatedly
reminded the concerned Governments that it was their
Constitutional obligation to make arrangements for holding
local government elections without loss of any time, devolve
administrative, financial and political responsibilities to the
elective representative of the people. In this connection, in a
case titled as President, Baluchistan High Court Bar
Association, Quetta vs Federation of Pakistan and others
(P.77 of 2010), the Supreme Court of Pakistan dealing with
Baluchistan situation case observed that-
In Baluchistan the public of the province is
empowered by holding the election of the local bodies,
which otherwise is the obligation of the Government in
term of Article 32 of the Constitution, which provides:-
The State shall encourage local Government
institutions composed of elected representatives of the
areas concerned and in such institutions special
representation will be given to peasants, worker and
women.
The Court further observed that-
Under Article 140-A, each provincial government is
bound by law to establish a local government system
and devolve political, administrative and financial
responsibility and authority to the elected
representatives of the local governments. It is not only
the province of Baluchistan but other provinces as well
as Territory of Islamabad have not held election so far.
These observations of the apex Court, however, did not
have any effect on the Provincial Governments who were
reluctant to make necessary arrangements for holding local
governments elections on one pretext on other. All the
Provinces were, however, unanimous that the respective
Local Government Ordinances, 2001, were not acceptable
for various reasons and need to be replaced by new
legislation. In this context, Baluchistan Province took the
lead and introduced a new Baluchistan Local Government
Act in 2011. It completed the process and conducted the
elections for local governments in the Province in
December, 2013. The Sindh and Punjab Provinces who
were directed by the Supreme Court for holding local
government elections in November, 2013, reluctantly, as a
first step carried out delimitation of constituencies afresh.
Side by side grudging that the given time was too short to
complete the process. The Election Commission was also
dragging its feet in conducting elections during the period
fixed by the Supreme Court on various administrative
reasons. To their good luck, the delimitation process carried
out by Sindh and Punjab Provinces was challenged in the
High Court of Sindh and Lahore High Court respectively.
Both the Courts held that under the Constitution of Pakistan,
the authority for carrying out delimitation of constituencies
lies within the domain of the Election Commission of
Pakistan and the Provincial Governments had no power to
carry out delimitation. These orders of the High Courts were
assailed in the Supreme Court which upheld the decision of
the High Court's directing the Election Commission of
Pakistan to complete delimitation process within five
months and the local Governments elections at Federal and
Provincial levels should be completed by 15th November
2014. This direction will also be applicable for holding local
government elections in Cantonments as well as in
Islamabad Capital Territory.
It has been pointed out earlier that there are certain
reservations to the Provinces in devolving administrative,
financial and political authority to the local governments in
terms of Article 140A of the Constitution. Further, there is a
hidden jealousy amongst the National and Provincial
legislators who were against the devolution of aforesaid
powers, particularly in matters relating to development
work. Above all, the bureaucracy which has, due to absence
of non-elected governments for a long period, become very
strong, does not like the divesting of their powers to the
elected representatives of the people. In absence of local
governments, the bureaucrats are usually appointed as
Administrators of the local governments; hence they feel
hurt in parting such authority. They thus not only oppose the
new system of devolution of powers, rather openly
propagate and depict the system to be the main cause for
corruption and rapid detonation of the norms of the social
values. It is thus the time that the Federal Government and
Provincial authorities as well as the Election Commission of
Pakistan realize their responsibilities vested in them and
make sincere efforts for holding of elections by an early
date. The local governments not only provide civic services
more efficiently and solve the peoples problems at grass
root level with their active participation more conveniently
and effectively. Recently, the Supreme Court has, while
deciding an appeal filed by the Punjab against the decision
of the Lahore High Court affirming its judgment that under
the Constitution power to delimit the constituencies lies with
the Election Commission of Pakistan and the Provinces had
no jurisdiction to perform such function, directed the Punjab
and Sindh Provinces to carry out necessary amendments in
their respective laws within a period of five months from the
19th March, 2014. In turn, the Election Commission shall,
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
PUNJAB & KHYBER PAKHTUNKHWA
10
after such amendments, within forty-five days complete the the Punjab and Khyber Pakhtunkhwa Provinces
delimitation work and conduct the local government should, in the interregnum period of five months, make
election by or before November 15, 2014, positively. This is a arrangements for publication of ballot papers and
sufficient time for all parties to complete their tasks. In procurement of election material;
particular, the Provinces should prepare the rules and bye-
both the Provinces and Election Commission of
laws as required under the new statutes to be made. In this
Pakistan should finales the dates of holding of local
respect, their sincere efforts are needed to hold local
government elections, preferably much before the
government elections expeditiously much before the
15th November, 2014, the last date fixed by the apex
targeted date of November 15, 2014. It is a matter of great
Court for holding of such elections for Sindh and
concern that in addition to their functions relating to
Punjab; and
development work and provision of civic services in their
respective areas of jurisdiction, the members of the local the Punjab should consider devolving of
governments at various levels have been given several administrative offices to the local governments as was
assignments under the different statutes to render services done through 2001 Local Government Ordinance
to the community. In this context, reference is made to the following the principles laid down in Article 140A of the
previsions of the Muslim Family Laws Ordinance, 1961, (VIII Constitution of Pakistan.
1961). Under this enactment, the Chairmen of the Union
Councils are required to chair the Arbitration Councils in
matrimonial disputes. In absence of the Union Councils, the
Government is empowered to appoint other persons to
constitute and chair the aforesaid Arbitration Councils.
Since, for the last several years, elections of local
governments have not been held and the Union Councils
are not in existence, the functions assigned to them under
the law are being carried out by bureaucrats. Likewise, the
Public Safety and Police Complaints Commissions to be set
up under the Police Order, 2002, are non functional because
of absence of local governments, the membership of such
Commissions are incomplete without the requisite number
of members from the local governments. This matter should
be given a serious consideration by the Provincial
Governments that because of delay in holding local
government elections and making them operational, how
many important enactments or provisions thereof have
been rendered ineffective. To sum up, it would be expedient
to recommend that-

the Government of Khyber Pakhtunkhwa should,

without any loss of time, enforce the Khyber
Pakhtunkhwa Local Government Act, 2013, by issuing
notification as required under sub-section(3) of
section 1 of the said Act;
the Government of Khyber Pakhtunkhwa should, if it
requires any change in the delimitation of
constituencies, in the light of Khyber Pakhtunkhwa
Local Government Act, 2013, forthwith intimate the
Election Commission of Pakistan for finalizing the
delimitation of constituencies in the Province within
the same period of forty-five days as has been directed
by the Supreme Court in the case of Sindh and Punjab
Provinces. In this regard Khyber Pakhtunkhwa should
also cause the necessary modification in the statute;
the Punjab and Khyber Pakhtunkhwa should make the
rules and bye-laws as required under their respective
legislation on Local Governments within the period of
five months from 19th March, 2014, allowed by the
apex Court to Sindh and Punjab for carrying out
amendments in their respective laws;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

11 PUNJAB & KHYBER PAKHTUNKHWA
Sources of Reference

Constitution Documents (Pakistan), Published by Ministry of Law and Parliamentary Affairs, Government of Pakistan.

The Government of India Act, 1935.

The Constitutions of the Islamic Republic of Pakistan, 1956, 1962 and 1973.

Historical Background of Local Government in Pakistan (Political Aspects) by Afzal Khan.

Local Government in Pakistan, CSS Form, Larkana

Law and Practices of Punjab Local Governments, by Dr. M. Mohy-ud-Din Qazi.

Sindh, Baluchistan, North West Frontier Province and Punjab Local Government Ordinances 2001.

The Cantonments Local Government Ordinance 2002.

The Islamabad Capital Territory Local Government Ordinance 2002.

The Punjab Local Government Act 2013(Annex).

Khyber Pakhtunkhwa Local Government Act 2013(Annex).

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
12
 1
Annex
Annex 1

COMPARISON OF PROVI NCIAL LOCAL GOVERNMENT ACTS OF PUNJAB & KPK 2013

Punjab Local Government Act 2013 KPK Local Government Act 2013

1. Short title, extent and commencement 1. Short title, extent and commencement

(1) This Act may be cited as the Punjab Local (1) This Act may be called the Khyber Pakhtunkhwa
Government Act 2013. Local Government Act, 2013.

(2) It extends to the whole of the Punjab except the
Cantonment areas or any other area excluded by
the Government by notification in the official
Gazette.
(3) It shall come into force on such date as the
Government may, by notification [2], appoint and
different dates may be appointed for coming into
force of different provisions of this Act.
(2) It extends to the whole of the province of the Khyber
Pakhtunkhwa except, areas notified as
cantonments or any other area excluded by
Government through notification in the official
Gazette.
(3) It shall come into force on such date as Government
may, by notification appoint, and different dates
may be appointed for different provisions of this
Act

6. Local areas. 4. Local areas for local governments.

(1) The Government shall, by notification in the official For the purpose of this Act Village, Neighborhood,
Gazette, divide a District into urban area and rural Tehsil, Town, District and City District shall be local
area. areas for local governments.

(2) For purposes of this Act, the Government shall, by

notification, declare a local area consisting of

(a)Lahore District as Union Councils and the

Metropolitan Corporation;

(b)rural area in a District, other than Lahore District,

as Union Councils and a District Council;

(c)urban area in a District, other than the area of a

Municipal Committee, as Union Councils and
Municipal Corporation; and

(d)urban area in a District other than the area of a

Municipal Corporation, as Municipal Committee.

(3) The Government may, by notification in the official

Gazette, after inviting public objections and
suggestions, alter the limits of a local area and
declare that any area shall cease to be a Union
Council, District Council, Municipal Committee or
Municipal Corporation.

(4) Any two or more adjoining local governments

within a District may, after inviting public objections
through a resolution passed by two-third majority
of the total membership of each of the local

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
13
 governments, make a proposal to the Government
for a change in their respective boundaries subject
to the condition that no revenue estate shall be
divided and the size of population in the relevant
local area shall, as far as possible, be close to the
average population of similar local areas in the
District.

7. Division and reconstitution of a local government.

(1) The Government may, by notification in the official

Gazette, divide a local government into two or
more local governments or reconstitute two or
more local governments as one local government
or alter the limits of a local government and may
specify in the notification the consequences which
shall follow the publication of such notification.

(2) When, as a result of such division or reconstitution,

any new local government is constituted in
accordance with the provisions of this Act in the
manner specified in the notification

(a)the existing members of any local government

so divided or reconstituted shall become the
members of such local government as the
Government may, by notification, specify as if each
such member had been elected to that local
government; and

(b)Such local government shall, to the extent and

in the manner specified in the notification, be the
successor of the local government so divided or
reconstituted.
6. Delimitation of Village Council and Neighborhood
8. Delimitation of Union Councils. Council.

(1) A Union Council shall be an area consisting of one
or more revenue estates or, in the case of an area
where revision of settlement under the law has not
taken place, one or more census villages or, in the
case of an urban area, a census block or blocks as
delimited for purposes of the last preceding
census or a census block and a revenue estate,
notified as such by the Government.
(2) As far as possible
(a)the area of a Union Council shall be a territorial
unity;
(b)the boundaries of a Union Council shall not
cross the limits of the Metropolitan Corporation, a
Municipal Corporation or a District Council; and
(1) A village council shall be an area comprising one
or more muaziaat or, in the case of an area where
revision of settlement under the law has not been
taken, one or more census villages;
(2) In the case of an area with urban characteristics, a
neighborhood council shall be an area comprising
a whole number of population census blocks as
delimited for the purpose of last preceding census
or a combination of whole number of census
blocks and a whole number of muaziaat, notified
as such by Government:
Provided that, as far as may be,-
(a) the area of a village and neighborhood council
shall be a territorial unity;

(c)the population of Union Councils within a local (b) the boundaries of a village and neighborhood

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

14 PUNJAB & KHYBER PAKHTUNKHWA
 government shall be uniform.
(3) The Government shall, in the prescribed manner,
delimit a union council into six wards for the
election of members on general Seats and into
two wards, consisting of three adjoining wards of
the union council, for the election of two seats
reserved for women.
(4) A ward shall ,as far as possible, consist of a part of
a village ,one or more adjoining villages and in
case of an urban area , a part of a census blocks
and ,as far as possible, the population of wards
shall be uniform.
9. Delimitation of wards in Municipal Committees.
(1) The Government shall, in the prescribed manner,
delimit a Municipal Committee into wards for
election of members of the Municipal Committee
on general seats.
(2) For purposes of delimitation of a Municipal
Committee, a ward shall, as far as possible, consist
of a part of a census block, a census block or
adjoining census blocks and the population of
wards within a Municipal Committee shall be
uniform.
council shall not cross the limits of a tehsil;
(c) the area of a village council shall comprise a
whole number of patwar circles, or a patwar circle
may contain a number of whole village councils;
(d) the area of a neighborhood council shall
comprise a whole number of census blocks as
delimited for the purpose of the preceding
population census or a whole number of muaziaat
or a combination of a whole number of census
blocks and muaziaat; and
(e) the population of village and neighborhood
council within a district shall range between 2,000
to 10,000 calculated on the basis of last preceding
population census officially published:Provided
further that in a specific case, Government may, for
reasons to be recorded, waive the aforesaid
conditions.
7. Delimitation of Tehsils and Districts.
Government shall, by notification in the official Gazette,
declare tehsils and districts notified under the West
Pakistan Land Revenue Act, 1967 (W.P. Act XVII of
1967), to be tehsils or, as the case may be, districts
under this Act.
8. Provisions of District apply to City District.
Save as otherwise provided in this Act, the provisions
relating to District shall, mutatis mutandis, apply to City
District and any reference in these provisions to Nazim
District Council, Naib Nazim District Council, District
Government and District Council shall, respectively, be
read as reference to Nazim City District Council, Naib
Nazim City District Council, City District Government
and City District Council respectively.
9. Setting up of a Town.
(1) Government may, by notification in the official
Gazette, declare a whole number of contiguous
village councils and neighborhood councils to be
a town in the city district under this Act.
(2) Government shall, by notification in the official
Gazette, declare every Town referred to in sub-
section (1) to be a Tehsil or Sub-division for the
purpose of this Act.
(3) Save as otherwise provided in this Act, the
provisions relating to Tehsil shall, mutatis
mutandis, apply to Town and any reference in
these provisions to Nazim Tehsil Council, Naib
Nazim Tehsil Council, Tehsil Municipal
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
PUNJAB & KHYBER PAKHTUNKHWA
15

10. Waiver of conditions.
The Government may, in a specific case and for
reasons to be recorded in writing, waive the conditions
of delimitation mentioned in section 8.
10A Finality of delimitation:-A court, officer or authority
shall not review or correct any delimitation of a union
council or ward after the notification of the election
schedule
11.Constitution of local governments.
(1) Subject to subsection (2), the local governments
constituted under this Act shall be
(a) Metropolitan Corporation for Lahore District
and a Municipal Corporation for such urban area
as the Government may notify;
(b) a Municipal Committee for such urban area as
the Government may notify;
(c) a District Council for the rural area of a District
other than Lahore as the Government may notify;
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
16 PUNJAB & KHYBER PAKHTUNKHWA
Administration and Tehsil Council shall,
respectively, be read as reference to Nazim Town
Council, Naib Nazim Town Council, Town
Municipal Administration and Town Council.
10. Delimitation Authority and principles of
delimitation.
(1) Government shall, by notification in the official
Gazette, constitute a Delimitation Authority for
delimitation of village councils, neighborhood
councils and territorial wards for general seats to
tehsil, town and, as the case may be, district
councils.
(2) All wards for general seats shall, as far as
practicable, be delimited having regard to the
distribution of population in geographically
compact areas, existing boundaries of
administrative units, facilities of communication
and public convenience and other cognate factors
to ensure homogeneity in the creation of wards.
(3) As far as may be, the wards for elections to the
same council shall be equal among themselves in
population.
5.Constitution of local governments.
(1) Subject to other provisions of this Act, local
governments constituted under this Act shall be:
(a) a City District Government for district
Peshawar;
(b) a District Government for a district other than
Peshawar;
a Tehsil Municipal Administration for a Tehsil;
(d) a Town Municipal Administration for a Town in
the City District;
(c) a District Council for the rural area of a District other (e) a Village Council for a village in the rural areas; and
than Lahore as the Government may notify;
(f) a Neighborhood Council for a Neighborhood in
(d) Union Councils for rural and such urban areas areas with urban characteristics.
of a District as the Government may notify; and
(2) Government may, by notification in official Gazette,
(e) District Education Authority and District Health specify the name by which a local government
Authority for a District, including Lahore. shall be known and unless so specified, it shall be
known as the local government of the place where
(2) The Government may, by notification in the official its office is situated
Gazette, declare any area in a District
(3) Save as otherwise provided in this Act, every local
(a) to be a Union Council; government shall be competent to acquire, hold or
transfer any property, movable and immovable, to
(b) other than the urban areas in a District, to be a enter into contract and to sue or be sued in its
District Council; name, through officer designated in this regard.

(c) an integrated urban area having a population
between thirty thousand and five hundred
thousand to be a Municipal Committee; and
(d) an integrated urban area having a population of
more than five hundred thousand to be a Municipal
Corporation.
(3) The Government may, by notification in the official
Gazette, specify the name by which a local
government shall be known and unless the name
of a local government is so specified, it shall be
known as the local government of the place where
its office is situated.
(4) Government shall prescribe rules of business for
local governments notifying structure and working
of local government administration, groups of
offices, allocation of business, appointment,
posting, promotion and transfer of officers and
officials, performance evaluation, channels of
communication, coordination of local council
business, consultation between offices and
incidental matters for smooth and efficient
disposal of official business.

(4) Notwithstanding anything to the contrary

contained in subsection (2), the Government

(a) shall, by notification in the official Gazette,

declare an integrated urban area at each divisional
headquarter having a population less than five
hundred thousand to be a Municipal Corporation
and specify the number of Union Councils and
indirectly elected members in the Municipal
Corporation; and

(b) may, by notification in the official Gazette,

declare an integrated urban area having a
population less than

(i) thirty thousand to be a Municipal Committee

and specify the number of the directly and
indirectly elected members of the Municipal
Committee; and

(ii) five hundred thousand to be a Municipal

Corporation and specify the number of Union
Councils and indirectly elected members in the
Municipal Corporation.

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
17
 11. Composition of District Government.

(1) In every district, there shall be a district

government which shall consist of a district council
and district administration made up of the
devolved offices.

(2) Executive Authority of district government shall

vest in Nazim, district council and he/she shall be
responsible to ensure that the business of the
district government is carried out in accordance
with this Act and other laws for the time being in
force.

12. Devolution and grouping of offices.

(1) On commencement of this Act, the organization,

functions, administration and financial
management of local councils in the province shall
come under the administrative and financial
control of the successor local governments as
provided in section 121 of this Act.

(2) On the commencement of this Act, the

administrative and the financial authority for the
management of the offices of Government,
specified in the first Schedule in a District shall
stand devolved to the District Government of that
District.

(3) The Government may, in addition to the offices

specified in sub-section (2), setup other offices
specified in Part-B of the First Schedule in the city
district.

13. Authority and responsibility of District

Government

(1) The authority of district government shall comprise

the operation, management and control of offices
of the departments which are devolved to it;
provided that district government shall exercise
such authority in accordance with general policy of
Government.

(2) Every order in district government shall be

expressed to be made in the name of the district
government and shall be executed by a duly
authorized officer.

(3) The district government shall be responsible to the

people and the Government for improvement of
governance and delivery of services within the
ambit of authority devolved to it.

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

18 PUNJAB & KHYBER PAKHTUNKHWA
12. Composition of local governments.

A local government, other than an Authority, shall

consist of such number of directly or indirectly elected
members, Mayor, Deputy Mayor or Deputy Mayors,
Chairman, Vice Chairman as is mentioned in First
Schedule.

13. Union Council.

(1) A Union Council shall consist of directly elected

Chairman and Vice Chairman, as joint candidates,
six general members one from each ward of the
union council, and the following directly elected
members on the reserved seats:-

(a) two women members;

(b) one peasant member in a rural Union Council

or one worker member in an urban Union Council;

(c) one youth member; and

(d) one non-Muslim member where there are at

least two hundred non-Muslim voters registered in
the Union Council.

(2) For purpose of the election of the Chairman and

vice Chairman and the members mentioned in the
clauses(b),(c),and (d) of subsection (1),the entire
union council shall be one ward and for the
election of the women members mentioned in
clause (a) of that subsection, a Union Council shall
be two wards consisting of three adjoining wards
of a Union Council.

14. District Council. 17. Composition of the District Council.

(1) There shall be a District Council in a District, other There shall be a District Council in each district which
than Lahore District. shall consist of general seats, seats reserved for
women, peasants and workers, youth and non-
(2) A District Council shall consist of the Chairmen of muslims as provided in Part-A of Second Schedule to
all Union Councils in the area of the District this Act.
Council, and shall include the following members
indirectly elected on the reserved seats by the
Chairmen of the rural Union Councils present and
voting

(a) such women members, not exceeding fifteen,

as the Government may notify on the basis of
number of Union Councils in the District Council;

(b) such peasant members, not exceeding three,

as the Government may notify on the basis of
number of Union Councils in the District Council;

(c) one technocrat member;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
19
 (d) one youth member; and

(e) such non-Muslim members, not exceeding five,

as the Government may notify for each District
Council.

(3) The members of a District Council shall, in the first

session of the District Council, elect, as joint
candidates, from amongst the members of the
District Council, the Chairman and the Vice
Chairman or Vice Chairmen of the District Council
mentioned in the First Schedule, by majority of the
members present and voting.

73. District Councils.

A District Council shall be a body corporate having

perpetual succession and a common seal, with power
to acquire and hold property and enter into any
contract and may sue and be sued in its name.
14. Functions and Powers of the Nazim, District
74. Functions of Chairman. Council.

(1) The Chairman of a District Council shall
(a) ensure that the business of District Council is
carried out strictly in accordance with this Act and
other laws;
(b) ensure efficient, effective and transparent
functioning of the District Council;
(c) ensure accomplishment of operational,
developmental and financial objectives set by the
District Council or the Government in accordance
with provisions of this Act;
The functions and powers of Nazim, district council
shall be to-
(a) provide vision for district-wide development,
leadership and direction for efficient functioning of
district government;
(b) d e v e l o p s t r a t e g i e s a n d t i m e f r a m e f o r
accomplishment of goals approved by district
council;
(c) ensure implementation of devolved functions and
maintain administrative and financial discipline;

(d) present tax proposals to the District Council;
(e) present report on the performance of the local
government to the District Council at least twice in
a year;
(d) oversee formulation and execution of the annual
development plan;
(e) present budget proposals to district council for
approval;

(f) issue executive orders to the Chief Officer;
(g) represent the District Council at civic or
ceremonial functions;
(h) exercise general supervision and control over
officers of the District Council;
(i) guide and lead officers in achieving the goals
and targets fixed by the District Council in an
effective and efficient manner; and
(j) perform such other functions as the District
Council may, by a general or special resolution,
(f) present to district council bi-annual reports on the
performance of offices of district government;
(g) call for quarterly reports from Government
departments in the district, other than those
devolved to district government, present them to
district council and forward them to Government
along with recommendations of district council
and his comments for consideration and action;
(h) initiate inspections of tehsil municipal
administration, village councils and neighborhood
councils in the district;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

20 PUNJAB & KHYBER PAKHTUNKHWA
 direct or as may be prescribed.
(2) The Chairman of a District Council shall, in relation
to the above duties or for transaction of business of
the District Council, exercise such powers as are
conferred upon him by or under this Act or any
other law.
75. Conduct of the business of District Council.
(1) The business of a District Council shall be
conducted in such manner as may be prescribed.
(2) The Government may, in the prescribed manner,
issue a schedule of establishment for a District
Council and such schedule may include planning,
finance, regulation and infrastructure offices
76. Functions of District Council.
The District Council shall
(a) approve bye-laws and taxes;
(b) approve annual budget of the District Council
including supplementary budgetary proposals
and long term and short term development plans;
(c) review the performance of all offices working for
the District Council;
(d) review the performance report presented by
the Chairman; and
(e) promote social counseling to inculcate civic
and community spirit and motivate and galvanize
the general public for compliance with municipal
laws, rules and bye-laws.
77. Other functions of District Councils.
A District Council shall be responsible for performance
of the following municipal functions
(a) prevention and removal of encroachment on
public ways, streets and properties;
(b) prevention of nuisance in public ways, streets
and properties;
(c) regulation of dangerous and offensive articles
and trades mentioned in Second Schedule;
(d) regulation or prohibition of the excavation of
earth, sand, stones or other material;
(e) regulation or prohibition of the establishment of
(i) issue executive orders to officers-in charge of the
devolved departments for discharge of their
functions;
(j) represent district government on civic and
ceremonial occasions; and
(k) perform any other function as may be assigned to
him by Government.
15. Personal responsibility of Nazim, District
Council.
Nazim District Council, shall be personally responsible
for any loss flowing from decisions made by him
personally or under his directions in violation of this Act
or any other law for the time being in force and for any
expenditure incurred without lawful authority.
16. Disciplinary powers of the Nazim, District
Council.
Nazim District Council shall have powers to take
disciplinary action against functionaries in district
government under efficiency and disciplinary rules
prescribed in this regard
18. Functions and powers of the District Council.
The functions and powers of the district council shall
be to-
(a) approve bye-laws for performance of functions
devolved to district government;
(b) approve taxes on subjects provided in this Act;
(c) approve long term and short term development
plans, annual and supplementary budgetary
proposals of district government including
proposals for changes in the schedule of
establishment for devolved offices and, where
required, intra-district fiscal transfers;
(d) elect Standing Committee of the district council for
each office of district government to oversee
matters and service delivery obligations assigned
to the office and report to the district council its
findings on efficiency, responsiveness, service
delivery standards and performance of the
respective office for review;
(e) elect Finance Committee of the district council for
examination of tax and budget proposals, re-
appropriations and supplementary grants;
(f) elect District Accounts Committee to scrutinize the
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
PUNJAB & KHYBER PAKHTUNKHWA
21
 brick kilns, potteries and other kilns;
(f) to organize cattle fairs and cattle markets and
regulation of sale of cattle and other animals;
(g) celebration of public festivals;
(h) assistance in provision of relief in the event of
any fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assisting relevant
authorities in relief activities;
(i) provision of relief for the widows, orphans, poor,
persons in distress and children and persons with
disabilities;
(j) promotion of sports including sports for persons
with disabilities.
(k) provision, improvement and maintenance of
public ways and streets, public open spaces,
graveyards, public gardens, playgrounds and
farm to market roads;
(l) assisting Union Councils in provision and
maintenance of rural water supply schemes and
public sources of drinking water, including wells,
water pumps, tanks, ponds and other works for the
supply of water;
(m) construction of culverts, bridges and public
buildings;
(n) control over land-use, spatial planning, land-
subdivision, land development and zoning by
public and private sectors for any purpose,
including for agriculture, industry, commerce
markets, shopping and other employment
center s , r es i d enti a l , r ecr ea ti o n, p a r k s ,
entertainment, passenger and transport freight
and transit stations;
(o) enforce all municipal laws, rules and bye-laws
regulating its functioning;
(p) promote animal husbandry and dairy
development;
(q) hold fairs and shows, promotion of public
games and sports, celebration of national
occasions; and
(r) undertake other development activities.
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
22 PUNJAB & KHYBER PAKHTUNKHWA
accounts showing appropriations of sums granted by
the district council for expenditure of the district
government, audit reports, statement of income
and expenditure and such other matters as the
district council may refer to it;
(g) elect a Committee on Conduct of Business to
consider matters regarding procedure and
smooth conduct of business in the district council;
(h) elect District Committee on Assurances to
scrutinize reports on implementation of
assurances, promises and undertakings given to
the district council;
(i) elect a Code of Conduct Committee to oversee the
observance of code of ethics by the members;
(j) constitute joint committees of village and
neighborhood councils for overseeing working of
Government offices, district government offices
and municipal offices providing services in their
areas;
(k) make recommendations for enhancement of care
for disabled, disadvantaged and marginalized
segments;
(l) review reports presented by the Nazim, district
council; and
(m) review reports and recommendations of District
Accounts Committee on the accounts of district
government.
19. Functions of District Council in City District.
In addition to the functions specified in section 18, the
district council in a city district shall perform the
following functions, namely:
(a) approve master plans, zoning, land use plans,
including classification and reclassification of land,
environment control, urban design, urban renewal
and ecological balances;
(b) review implementation of rules and bye-laws
governing land use, housing, markets, zoning,
environment, roads, traffic, tax, infrastructure and
public utilities;
approve proposals for public transport and mass
transit systems, construction of express ways, fly-
overs, bridges, roads, under passes, and inter-
town streets;
78. Structure.
(1) The Chairman of a District Council shall be the
executive head of the District Council and the Vice
Chairman shall perform the functions of the
Chairman when the Chairman is unable to perform
his functions on account of absence or for any
other reason.
(2) The Chief Officer shall coordinate and facilitate the
performance of functions assigned to the District
Council under supervision of the Chairman.
79. Chief Officer.
(1) A Chief Officer shall be responsible for
(d) approve development schemes for beautification
of areas along rivers; and
(e) review development of integrated system of water
reservoirs, water sources, treatment plants,
drainage, liquid and solid waste disposal,
sanitation and other municipal services.
20. City District Council to approve certain plans for
the Towns.
In case of a town in the city district, the city district
council shall perform the functions of approval of such
macro municipal plans as may be notified by city
district government.

(a) coordination;

(b) human resource management;

(c) public relations;

(d) legal affairs; and

(e) emergency services.

(2) The Chief Officer, in carrying out his functions,

shall

(a) supervise and coordinate all offices of the

District Council responsible for the provision of
municipal services;

(b) prepare a report on the planning and

implementation of development plans of the local
government for presentation to the house of the
local government in its annual budget session;

(c) ensure that the business of the local

government is carried out in accordance with law;

(d) ensure implementation of environmental and

social safeguards;

(e) effect procurements, as prescribed, in

accordance with law; and

(f) take action against violators of this Act, rules or

bye-laws.

80. Offices of District Council.

The Government may, in the prescribed manner, issue

a schedule of establishment for a District Council and
such schedule may include planning, finance,
municipal regulation and municipal infrastructure
offices.

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PUNJAB & KHYBER PAKHTUNKHWA
23
5.Urban local governments.

(1) The Metropolitan Corporation shall consist of the

Chairmen of all Union Councils in the District, and
shall include the following members indirectly
elected on the reserved seats by the Chairmen of
the Union Councils present and voting

(a) twenty five women members;

(b) five worker members;

(c) three technocrat members;

(d) two youth members; and

(e) ten non-Muslim members.

(2) A Municipal Corporation shall consist of the

Chairmen of all Union Councils in the area of
Municipal Corporation, and shall include the
following members indirectly elected on the
reserved seats by the Chairmen of the urban Union
Councils present and voting

(a) such number of women members, not

exceeding fifteen, as the Government may notify
on the basis of the number of Union Councils in the
Municipal Corporation;

(b) two worker members;

(c) two technocrat members;

(d) one youth member; and

(e) such non-Muslim members, not exceeding five,

as the Government may notify each Municipal
Corporation.

(3) A Municipal Committee shall consist of the directly

elected members from the wards of the Municipal
Committee mentioned in First Schedule and shall
include the following members indirectly elected
on the reserved seats by the directly elected
members

(a) such number of women members, not

exceeding five, as the Government may notify on
the basis of the number of wards in the Municipal
Committee;

(b) such worker members, not exceeding two, as

the Government may notify on the basis of the
number of wards in the Municipal Committee;

(c) one youth member; and

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

24 PUNJAB & KHYBER PAKHTUNKHWA
 (d) such non-Muslim members, not exceeding
three, as the Government may notify each
Municipal Committee.

(4) The members of a Municipal Committee shall, in

the first session of the Municipal Committee, elect,
as joint candidates, from amongst the members of
the Municipal Committee, the Chairman and the
Vice Chairman of the Municipal Committee by
majority of the members present and voting.

(5) The members of the Metropolitan Corporation or a

Municipal Corporation shall, in the first session of
the Metropolitan Corporation or the Municipal
Corporation, elect, as joint candidates, from
amongst the members of the Metropolitan
Corporation or the Municipal Corporation, the
Mayor and the Deputy Mayor or Deputy Mayors
mentioned in the First Schedule, by majority of the
members present and voting.

16. Saving.

Nothing contained in this Chapter shall be construed to

prevent a woman, peasant, worker, technocrat or a
non-Muslim from being a candidate or elected to a
general seat in any local government.

17. Authorities.

(1) Subject to this section, the Government shall, by

notification in the official Gazette, separately
establish and determine the composition of District
Education Authority and District Health Authority
for each District.

(2) Subject to this section, an Authority shall consist of

such number of indirectly elected members from
the local governments under First Schedule and
nominated technocrat members as may be
prescribed on the basis of proportion of population
of the District, provided that the elected members
shall be in majority.

(3) The members of an Authority shall be elected by

the local governments in the District, other than the
Union Councils, from amongst their respective
members in the prescribed manner.

(4) The technocrat members of an Authority shall have

expertise in the relevant field and shall be
appointed by the Government.
(5) The Government shall appoint the Chairman and
the Vice Chairman of an Authority and they shall
serve during the pleasure of the Government.

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
25
(6) The Chairman and the Chief Executive Officer of
the Authority shall be personally responsible to
ensure that the business of the Authority is
conducted proficiently, in accordance with law and
to promote the objectives of the Authority.

(7) The Government may, in the prescribed manner,

take appropriate action against the Chairman, Vice
Chairman, Chief Executive Officer or any other
member of the Authority on grounds of
misconduct.

71. Union Councils.

(1) A Union Council shall be a body corporate having

perpetual succession and a common seal, with
power to acquire and hold property and enter into
any contract and may sue and be sued in its name.

(2) A rural Union Council shall be called Village

Council and an urban Union Council shall be
called City Council.

(3) The Chairman of a Union Council shall be the

executive head of the Union Council and the Vice
Chairman of the Union Council shall perform the
functions of the Chairman when the Chairman is
unable to perform his functions on account of
absence or for any other reason.

(4) A Chairman of a Union Council shall

(a) provide leadership for Union-wide

development and preparation of budget and the
annual development plan;

(b) present the budget in the Union Council;

(c) ensure that the business of Union Council is

carried out strictly in accordance with this Act and
other laws;

(d) issue executive orders to the Union

Secretaries;

(e) represent the Union Council in the District

Council; and

(f) report to the concerned authorities in respect of

-

(i) encroachment on State or local government

property and violation of land use and building
laws, rules and bye-laws;

(ii) dangerous and offensive articles and trades

mentioned in Second Schedule;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

26 PUNJAB & KHYBER PAKHTUNKHWA
 (iii) environmental and health hazards; and

(iv) adulteration of articles of food.

(5) A Union Council Secretary, under the supervision

of the Chairman, shall coordinate and facilitate in
community development, functioning of the
committees and delivery of municipal services.

(6) The Government may, in the prescribed manner,

issue a schedule of establishment for a Union
Council.

72. Functions of the Union Council.

(1) A Union Council shall

(a) approve the budget of the Union Council;

(b) approve the levy of tax or fee assigned to the

Union Council;

(c) nominate members of the Panchayat or

Musalihat Anjuman and monitor the performance
of the Panchayat or Musalihat Anjuman;

(d) provide, improve and maintain public ways,

public streets, public open spaces, graveyards,
public gardens and playgrounds;

(e) arrange lighting of public ways, public streets

and public places;

(f) mobilize the community

(i) for maintenance of public ways, public streets,

culverts, bridges, public buildings and local
drains;

(ii) for plantation of trees, landscaping and

beautification of public places in the Union
Council;

(iii) for prevention and removal of encroachments

on public ways, streets and places;

(g) provide and maintain rural water supply

schemes and public sources of drinking water,
including wells, water pumps, tanks, ponds and
other works for the supply of water and open
drains;

(h) coordinate with the community organizations

for proper maintenance of rural water supply
schemes and sewerage in the prescribed manner;

(i) establish cattle pounds;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
27
 (j) manage and maintain grazing areas, common
meeting places and other common property;

(k) hold fairs and recreational activities;

(l) provide conservancy services in the Union

Council;

(m) arrange for registration of births, deaths,

marriages and divorces and pass on such
information about births, deaths, marriages and
divorces in the Union Council to such persons and
institutions as may be prescribed;

(n) support a public sector agency to establish

public facilitation centre in the Union Council for
such purpose and on such terms and conditions
as may be prescribed;

(o) support relief measures in the event of any fire,

flood, hailstorm, earthquake, epidemic or other
natural calamity and assisting relevant authorities
in relief activities;

(p) promote local sports;

(q) provide for libraries and reading rooms;

(r) take other measures likely to promote the

welfare, health, safety, comfort or convenience of
the inhabitants of the Union Council;

(s) identify deficiencies in delivery of services and

making recommendations for improvement of
services to the District Council, Municipal
Corporation or Metropolitan Corporation;

(t) execute development works in the prescribed

manner; and

(u) maintain such statistics and data as may be

prescribed and disseminate information on
matters of public interest.

(2) A rural Union Council having urban characteristics,

with the approval of the District Council may, and if
so directed by the Government shall, perform any
of the following functions

(a) exercise control over land-use, land-

subdivision, land development and zoning by
public and private sectors for any purpose,
including for industry, commerce markets,
shopping and other employment centers,
residential, recreation, parks, entertainment,
passenger and transport freight and transit
stations;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

28 PUNJAB & KHYBER PAKHTUNKHWA
(b) enforce all municipal laws, rules and bye-laws
regulating its functioning;

(c) regulate affixing of sign-boards and

advertisements;

(d) provide, manage, operate, maintain and

improve the municipal infrastructure and services,
including

(i) water supply and control and development of

water sources;

(ii) sewage and sewage treatment and disposal;

(iii) storm water drainage;

(iv) sanitation and solid waste collection and

sanitary disposal of solid, liquid, industrial and
hospital wastes;

(v) roads and streets;

(vi) street markings, parking places, transport

stations, stops and public transport stands;

(vii) street lighting;

(viii) firefighting;

(ix) parks, playgrounds, open spaces and

arboriculture; and
(x) slaughter houses;

(e) prevent and remove encroachments;

(f) regulate dangerous and offensive articles and

trades;

(g) collect approved taxes, fees, rates, rents, tolls,

charges, fines and penalties;

(h) regulate markets and services and issue

licenses, permits, grant permissions and impose
penalties for violation thereof as and where
applicable;

(i) manage properties, assets and funds vested in

the Union Council;

(j) develop and manage schemes, including site

development; and

(k) 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

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
29
 with the directions contained in such notice.

(3) The District Council may exercise general

supervision and control on the performance of
functions by the Union Council under subsection
(2).

81. Municipal Committees.

(1) A Municipal Committee shall each be a body

corporate having perpetual succession and a
common seal, with power to acquire and hold
property and enter into any contract and may sue
and be sued in its name.

(2) A Municipal Committee shall

(a) prepare spatial plans for the local government

including plans for land use and zoning;

(b) approve spatial plans 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
center s , r es i d enti a l , r ecr ea ti o n, p a r k s ,
entertainment, passenger and transport freight
and transit stations;

(e) provide, improve and maintain public open

spaces, graveyards, public gardens and
playgrounds;

(f) enforce all municipal laws, rules and bye-laws

regulating its functioning:

(g) regulate affixing of sign-boards and

advertisements except where this function is being
performed by the Park and Horticulture Authority;

(h) provide, manage, operate, maintain and

improve the municipal infrastructure and services,
including

(i) water supply and control and development of

water sources;

(ii) sewage and sewage treatment and disposal;

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

30 PUNJAB & KHYBER PAKHTUNKHWA
(iii) storm water drainage;

(iv) sanitation and solid waste collection and

sanitary disposal of solid, liquid, industrial and
hospital wastes;

(v) roads and streets;

(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) firefighting;

(ix) parks, playgrounds, open spaces and

arboriculture;

(x) slaughter houses;

(i) establish cattle pounds;

(j) prevent and remove encroachments;

(k) prepare budget, revised budget and annual

and long term municipal development
programmes;

(l) maintain a comprehensive data base and

information system and provide public access to it
on nominal charges;

(m) approve taxes and fees;

(n) regulate dangerous and offensive articles and

trades mentioned in Second Schedule;

(o) collect approved taxes, fees, rates, rents, tolls,

charges, fines and penalties;

(p) organize sports, cultural, recreational events,

fairs and shows;

(q) organize cattle fairs and cattle markets and

regulate sale of animals;

(r) regulate markets and services and issue

licenses, permits, grant permissions and impose
penalties for violation thereof as and where
applicable;

(s) manage properties, assets and funds vested in

the local government;

(t) develop and manage schemes, including site

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

PUNJAB & KHYBER PAKHTUNKHWA
31
 development;

(u) 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;

(v) prosecute, sue and follow up criminal, civil and

recovery proceedings against violators of
municipal laws in the courts of competent
jurisdiction;

(w) nominate members of Musalihat Anjuman for a

ward and monitor the performance of Musalihat
Anjuman in the prescribed manner;

(x) arrange registration of births, deaths, marriages

and divorces and pass on such information about
births, deaths, marriages and divorces in its
territorial jurisdiction to such persons and
institutions as may be prescribed;

(y) maintain municipal records and archives;

(z) establish and maintain libraries and reading

rooms;

(aa) conserve historical and cultural assets;

(bb) assist in the provision of relief in the event of

any fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assist relevant
authorities in relief activities;

(cc) prepare financial statements and present

them for internal and external audit in the
prescribed manner; and

(dd) undertake the functions assigned to a Union

Council under this Act.

(3) The Municipal Committee may assign or

outsource any of its functions in such manner and
on such terms and conditions as may be
prescribed.

82. Structure.

(1) The Chairman of a Municipal Committee shall be

the executive head of the Municipal Committee
and the Vice Chairman shall perform the functions
of the Chairman if the Chairman is unable to
perform his functions on account of absence or for
any other reason.

(2) The Chief Officer shall coordinate and facilitate the

AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF

32 PUNJAB & KHYBER PAKHTUNKHWA
 performance of functions assigned to the
Municipal Committee under the supervision of the
Chairman.

83. Chairman.

(1) The Chairman shall

(a) provide vision for development, leadership and

direction for efficient functioning of the Municipal
Committee;

(b) identify the needs of the local area and evaluate

and prioritize them in the light of integrated
development plans and the estimates of revenue
and expenditure, in addition to any applicable
national and provincial policies, programs and
projects;

(c) recommend to the local government, the

strategies, programmes and services to address
prioritized needs;

(d) recommend or determine the best way to

implement those strategies, programmes and
services through partnerships, delegations,
contracts and other means for the maximum
benefit of the community;

(e) maintain administrative and financial discipline

of the local government;

(f) present tax proposals to the local government;

(g) issue executive orders to the municipal offices

for discharge of the functions;

(h) represent the local government on public and

ceremonial occasions;

(i) present proposal to the local government for

approval of budget and the revised budget; and

(j) conduct inspections of municipal offices

functioning under the local government

(2) The Chairman shall, in the performance of duties

(a)identify and develop criteria in terms of which

progress in the implementation of the strategies,
programmes and services can be evaluated,
including key performance indicators;

84.Chief Officer.

(1) A Chief Officer shall be responsible for

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PUNJAB & KHYBER PAKHTUNKHWA
33
 (a) coordination;

(b) human resource management;

(c) public relations;

(d) legal affairs; and

(e) emergency services.

(2) The Chief Officer, in carrying out his functions,

shall

(a) supervise and coordinate all municipal offices

responsible for the provision of municipal services;

(b) prepare a report on the planning and

implementation of development plans of the local
government for presentation to the house of the
local government in its annual budget session;

(c) ensure that the business of the local

government is carried out in accordance with the
law;

(d) ensure implementation of environmental and

social safeguards;

(e) effect procurements, as prescribed, in

accordance with law; and

(f) take action against violators of this Act, rules or

bye-laws.

85.Municipal offices.

The Government may, in the prescribed manner, issue

a schedule of establishment for a Municipal Committee
and such schedule may include planning, finance,
municipal regulation and municipal infrastructure
offices.

86. Metropolitan and Municipal Corporations.

The Metropolitan Corporation and a Municipal

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

87. Functions of Metropolitan and Municipal

Corporations.

(1) The Metropolitan Corporation and a Municipal

Corporation shall

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34 PUNJAB & KHYBER PAKHTUNKHWA
(a) approve spatial plans, master plans, zoning,
land use plans, including classification and
reclassification of land, environment control, urban
design, urban renewal and ecological balances;

(b) implement rules and bye-laws governing land

use, housing, markets, zoning, environment,
roads, traffic, tax, infrastructure and public utilities;

(c) approve proposals for public transport and

mass transit systems, construction of express
ways, fly-overs, bridges, roads, under passes, and
inter-town streets;

(d) approve development schemes for

beautification of urban areas;

(e) develop integrated system of water reservoirs,

water sources, treatment plants, drainage, liquid
and solid waste disposal, sanitation and other
municipal services;

(f) execute and manage development plans;

(g) exercise control over land-use, land-

subdivision, land development and zoning by
public and private sectors for any purpose,
including for agriculture, industry, commerce
markets, shopping and other employment
center s , r es i d enti a l , r ecr ea ti o n, p a r k s ,
entertainment, passenger and transport freight
and transit stations;

(h) enforce all municipal laws, rules and bye-laws

governing its functioning:

(i) prevent and remove encroachments;

(j) regulate affixing of sign-boards and

advertisements except where this function is being
performed by the Parks and Horticulture Authority;

(k) provide, manage, operate, maintain and

improve the municipal infrastructure and services,
including

(i) water supply and control and development of

water sources;

(ii) sewage and sewage treatment and disposal;

(iii) storm water drainage;

(iv) sanitation and solid waste collection and

sanitary disposal of solid, liquid, industrial and
hospital wastes, treatment and disposal including
landfill site and recycling plants;

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35
 (v) roads and streets;

(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) firefighting;

(ix) parks, playgrounds, open spaces, graveyards

and arboriculture; and

(x) slaughter houses;

(l) environmental control, including control of air,

water and soil pollution in accordance with Federal
and Provincial laws and standards;

(m) undertake urban design and urban renewal

programmes;

(n) develop and maintain museums, art galleries,

libraries, community and cultural centers;

(o) conserve historical and cultural assets;

(p) undertake landscape, monuments and

municipal ornamentation;

(q) establish and maintain regional markets and

commercial centers;

(r) prepare budget, revised budget and annual and

long term municipal development programmes;

(s) maintain a comprehensive data base and

information system and provide public access to it
on nominal charges;

(t) approve taxes and fees;

(u) regulate dangerous and offensive articles and

trades mentioned in Second Schedule;

(v) collect approved taxes, fees, rates, rents, tolls,

charges, fines and penalties;

(w) organize sports, cultural, recreational events,

fairs and shows, cattle fairs and cattle markets, and
regulate sale of animals;

(x) regulate markets and services and issue

licenses, permits, grant permissions and impose
penalties for violation thereof as and where
applicable;

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36 PUNJAB & KHYBER PAKHTUNKHWA
 (y) manage properties, assets and funds vested in
the local government;

(z) develop and manage schemes, including site

development;

(aa) authorize an officer or officers to issue notice

to a person committing any municipal offence and
initiate legal proceedings for continuance of
commission of such offence or for failure to comply
with the directions contained in such notice;

(bb) prosecute, sue and follow up criminal, civil

and recovery proceedings against violators of
municipal laws in the courts of competent
jurisdiction;

(cc) promote technological parks, cottage, small

and medium size enterprises;

(dd) maintain municipal records and archives;

(ee) assist in provision of relief in the event of any

fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assist relevant
authorities in relief activities;

(ff) provide relief for the widows, orphans, poor,

persons in distress and children and persons with
disabilities;

(gg) prepare financial statements and present

them for internal and external audit in the manner
as may be prescribed; and

(hh) perform such other functions as may be

prescribed.

(2) The Metropolitan Corporation and a Municipal

Corporation may entrust any of its functions to a
person, an authority, agency or company through
a contractual arrangement, on such terms and
conditions as may be prescribed.

88.Structure.

(1) A Mayor shall be the executive head of the

Metropolitan or Municipal Corporation.

(2) The Deputy Mayor, and in case there are more than
one Deputy Mayor, the Deputy Mayor who is senior
in age, shall perform the functions of the Mayor if
the Mayor is unable to perform his functions on
account of absence or for any other reason.

(3) The Chief Officer shall coordinate and facilitate the

performance of functions assigned to the

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37
 Metropolitan Corporation and Municipal
Corporation under the supervision of the Mayor.

89.Mayor.

(1) The Mayor shall

(a) provide vision for long term development,

leadership and direction for efficient functioning of
the Metropolitan Corporation or the Municipal
Corporation in consultation and coordination with
Cantonment Board, housing authorities and
Federal agencies;

(b) identify the needs of the urban area and

evaluate and priorities them in the light of
integrated development plans and the estimates of
revenue and expenditure, in addition to any
applicable national and provincial policies,
programs and projects;

(c) recommend to the Metropolitan Corporation or

the Municipal Corporation, the strategies,
programmes and services to address prioritised
needs;

(d) recommend or determine the best way to

implement those strategies, programmes and
services through partnerships, delegations,
contracts and other means for the maximum
benefit of the community;

(e) maintain administrative and financial discipline

of the local government;

(f) present tax proposals to the local government;

(g) issue executive orders to the municipal offices

for discharge of the functions of the local
government;

(h) represent the local government on public and

ceremonial occasions;

(i) present proposal to the local government for

approval of budget; and

(j) conduct inspections of municipal offices

functioning under the local government

(2) The Mayor shall, in the performance of duties

(a) identify and develop criteria in terms of which

progress in the implementation of the strategies,
programmes and services can be evaluated,
including key performance indicators;

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38 PUNJAB & KHYBER PAKHTUNKHWA
 (b) evaluate progress against the key performance
indicators;

(c) review the performance of the local government

in order to improve

(i) economy, efficiency and effectiveness;

(ii) efficiency of revenue collection services; and

(iii) implementation of the bye-laws;

(d) oversee formulation and execution of the

annual development plans, delivery of services
and functioning of the local government;

(e) present report on the performance of the local

government to the house of the local government
at least twice a year; and

(f) perform such other duties and exercise such

powers as may be prescribed or as the local
government may delegate.

90. Chief Officer.

(1) The Chief Officer shall be responsible for

(a) coordination;

(b) internal audit;

(c) human resource management;

(d) public relations;

(e) legal affairs; and

(f) emergency services.

(2) The Chief Officer, in carrying out his functions,

shall

(a) supervise and coordinate all offices

responsible for the provision of municipal services;

(b) prepare a report on the planning and

implementation of development plans of the local
government for presentation to the house of the
local government in its annual budget session;

(c) ensure that the business of the local

government is carried out in accordance with law;

(d) ensure implementation of environmental and

social safeguards;

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39
 (e) effect procurements, as prescribed, in
accordance with law; and

(f) take action against violators of this Act, rules or

bye-laws.

91. Municipal offices.

The Government may, in the prescribed manner, issue

a schedule of establishment for the Metropolitan
Corporation and a Municipal Corporation and such
schedule may include planning, finance, municipal
regulation and municipal infrastructure offices.

21. Composition of Tehsil Administration

1) In every tehsil there shall be a tehsil municipal

administration which shall consist of the tehsil
council, tehsil municipal officer, municipal officers
and other officials of the local council service.

(2) The Executive Authority of tehsil municipal

administration shall vest in the Nazim, tehsil
council and he shall be responsible to ensure that
the business of tehsil municipal administration is
carried out in accordance with this Act.

22. Functions and powers of Tehsil Municipal

Administration

The functions and powers of tehsil municipal

administration shall be to-

(a) monitor and supervise the performance of

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

(b) prepare spatial plans for the tehsil including plans

for land use and zoning and disseminate these
plans for public enquiry;

(c) execute and manage development plans for

improvement of municipal services and
infrastructure;

(d) exercise control over land-use, land-subdivision,

land development and zoning by public and
private sectors for any purpose, including for
agriculture, industry, commercial markets,
shopping centers; residential, recreation, parks,
entertainment, passenger and freight transport

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40 PUNJAB & KHYBER PAKHTUNKHWA
 and transit stations;

(e) enforce municipal laws, rules and bye-laws;

(f) prevent and remove encroachments;

(g) r e g u l a t e a f f i x i n g o f s i g n - b o a r d s a n d
advertisements;

(h) provide, manage, operate, maintain and improve

municipal services;

(i) prepare budget, long term and annual municipal

development programmes;

(j) maintain a comprehensive data base and

information system on services in the tehsil,
municipal record and archives and provide public
access to it on nominal charges;

(k) collect taxes, fines and penalties provided under

this Act;

(l) organize sports, cultural, recreational events, fairs

and shows;

(m) organize cattle fairs and cattle markets;

(n) co-ordinate and support municipal functions

amongst village and neighborhood councils;

(o) regulate markets and services, issue licenses,

permits, grant permissions and impose penalties
for violation thereof;

(p) manage municipal properties, assets and funds;

(q) develop and manage schemes, including site

development in collaboration with district
government;

(r) authorize officers to issue notice, prosecute, sue

and follow up criminal, civil and recovery
proceedings against violators of municipal laws;
and

(s) prepare financial statements and present them for

audit.

23. Functions and powers of the Nazim, Tehsil

Council.

(1) The functions of the Nazim, tehsil council shall be

to-

(a) provide vision for tehsil-wide development,

leadership and direction for efficient functioning of

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41
 municipal administration and tehsil based offices
of Government;

(b) formulate strategies for infrastructure

development, improvement in delivery of services
and implementation of laws;

(c) oversee formulation and implementation of

long term and annual development programmes
at tehsil level;

(d) present budget proposals for approval of tehsil

council;

(e) prepare and present report on the performance

of municipal administration in tehsil council at least
twice a year;

(f) call for quarterly reports from tehsil based

offices of Government, present them to tehsil
council and forward them to district government or,
as the case may be, Government along with
recommendations of tehsil council and his
comments for consideration and action;

(g) supervise utilization of funds allocated to tehsil

municipal administration; and

(h) represent tehsil municipal administration on

civic and ceremonial occasions

(2) The Nazim, tehsil council shall be personally

responsible for any loss flowing from decisions
made by him personally or under his directions in
violation of any provisions of this Act or any other
law for the time being in force and for any
expenditure incurred without lawful authority.

(3) The Nazim, tehsil council may, and if directed by

the Government shall-

create and supervise special units for

management and administration of municipal
services in the jurisdiction of erstwhile municipal
committees, and other areas having urban
characteristics, in the tehsil;

(a) notify representation of the local people for

oversight and control by clustering the Nazimeen
of contiguous neighborhood councils in the units
so created; and

(b)ensure appropriate allocation of human and

financial resources to support municipal services
in the units.

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42 PUNJAB & KHYBER PAKHTUNKHWA
(4) Nazim tehsil council shall have powers to initiate
disciplinary action against functionaries in the
tehsil municipal administration under efficiency
and discipline rules applicable to the employees of
local council service and servants of the local
councils

24. Composition of Tehsil Council

There shall be a tehsil council in each tehsil which shall

consist of general seats, seats reserved for women,
peasants and workers, youth and non-muslims as
provided in Part-B of Second Schedule to this Act.

25. Functions and powers of Tehsil Council.

The functions and powers of tehsil council shall be to-

(a) approve taxes, fines and penalties proposed by

the Nazim, tehsil council;

(b) approve bye-laws for delivery of municipal

services;

(c) approve annual budget and appropriations for

tehsil municipal administration;

(d) approve long and short term development plans;

(e) approve land use, zoning and master plan of the

tehsil, development and maintenance
programmes proposed by the tehsil municipal
administration;

(f) elect Standing Committees of the tehsil council for

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

(g) elect Finance Committee of the tehsil council for

examination of tax and budget proposals, re-
appropriations and supplementary grants;

(h) elect Tehsil Accounts Committee to scrutinize the

accounts showing appropriations of sums granted
by the tehsil council for expenditure of tehsil
municipal administration, audit reports, statement
of income and expenditure and such other matters
as the tehsil council may refer to it;

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43
 (i) elect a Committee on Conduct of Business to
consider matters regarding procedure and
smooth conduct of business in the tehsil council;

(j) elect Tehsil Committee on Assurances to scrutinize

reports on implementation of assurances,
promises and undertakings given to the tehsil
council;

(k) elect a Code of Conduct Committee to oversee the

observance of code of ethics by the members;

(l) review the reports and recommendations of Tehsil

Accounts Committee; and

(m) review the performance reports presented by the

Nazim, tehsil council.

26. Establishment of Village Council and

Neighborhood Council.

Within sixty days, after the commencement of this Act,

Government shall, by notification in the official Gazette,
constitute and notify village and neighborhood
councils in all districts.

27. Composition of Village Council and

Neighborhood Council

(1) Every village council and neighborhood council,

shall comprise of ten to fifteen following members:-

(a) five to ten members, determined on the basis of

population, elected to general seats;

(b) two members elected to seats reserved for

women;

(c) one member elected to seat reserved for

peasants and workers;

(d)one member elected to seat reserved for youth;

and

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44 PUNJAB & KHYBER PAKHTUNKHWA
 (e)one member elected to seat reserved for non-
muslims.

(2) The village council or the neighborhood council,

as the case may be, shall be a multimember ward
for election of members to be held on non-party
basis through adult franchise and joint electorate.

(3) The candidates securing highest and second

highest number of votes in the election to the
general seats of the village council or the
neighborhood council, as the case may be, shall
respectively be the Nazim and Naib Nazim of the
village council or the neighborhood council, as the
case may be.

(4) Executive Authority of the village council or the

neighborhood council,

as the case may be, shall vest in respective Nazim

village council or the neighborhood council, who
shall be deputized by the concerned Naib Nazim
during his temporary absence.

Explanation. For the purposes of this section and

section 17and section 24 of this Act, the term
youth means a duly qualified candidate for
election under this Act, who is below thirty years of
age on the last day fixed for filing of nomination
papers.

28. Functions and responsibilities of the Nazim,

Village Council and Neighborhood Council

(1) The Nazim of village council and neighborhood

council shall:

(a) provide leadership for council-wide

development and preparation of budget;

(b) organize management of municipal

infrastructure with in the area of respective village
council or neighborhood council;

(c) chair panels of members constituted for

amicable settlement of disputes;

(d) report to tehsil municipal administration and

district government in respect of:

(1) encroachment on state and local government

property; violation of land use plans, building
codes, rules and bye-laws;

(i) sale and trade of dangerous and offensive

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PUNJAB & KHYBER PAKHTUNKHWA
45
 articles;

(ii) adulteration of articles of food; and

(iii )breach of public water courses with in the area

of the village council or neighborhood council.

(e) prepare and send quarterly reports on the

performance of functionaries of all offices located
in the area including education, health, public
health engineering, agriculture, livestock, police
and revenue to tehsil municipal administration and
district government.

(2) The Nazim, village council or the Nazim

neighborhood council, as the case may be, shall
be responsible for any loss flowing from his
decisions and directions in violation of this Act or
any other law for the time being in force and for
expenditures incurred without lawful authority.

(3) The Nazim, neighborhood council shall represent

the council in the special units created under
section 23 of this Act

29. Functions of the Village Council or

Neighborhood Council.

(1) Functions of the village council and neighborhood

council, as the case may be, shall be to:

(a) monitor and supervise the performance of

functionaries of all government offices located in
the area of the respective village council or
neighborhood council, including education,
health, public health engineering, agriculture,
livestock, police and revenue, and hold them
accountable by making inquiries and reports to the
tehsil municipal administration, district
government or, as the case may be, the
Government for consideration and action;

(b) provide effective forum for out of court

amicable settlement of disputes and, for this
purpose, constitute panels of members as
conciliators;

(c) register births, deaths and marriages;

(d) implement and monitor village level

development works;

(e) improve water supply sources, maintain water

supply distribution system and take measures to
prevent contamination of water;

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46 PUNJAB & KHYBER PAKHTUNKHWA
(f) maintain village level infrastructure, footpaths,
tracks, streets, prevent and abate nuisances and
encroachments in public ways, public streets and
public places;

(g) maintain and improve collective property

including playgrounds, graveyards, funeral
places, eid-gah, parks, public open spaces and
community centers;

(h) identify development needs of the area for use

by municipal administration and district
government in prioritizing development plans;

(i) make arrangements for sanitation, cleanliness,

disposal of garbage and carcasses, drainage and
sewerage system;

(j) display land transactions in the area for public

information;

(k) mobilize community for maintaining public

ways, public streets, culverts, bridges and public
buildings, de-silting of canals and other
development activities;

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

(m) organize cattle fairs and agriculture produce

markets;

(n) organize sports teams, cultural and

recreational activities;

(o) organize watch and ward in the area;

(p) promote plantation of trees, landscaping and

beautification of public places;

(q) regulate grazing areas, establish cattle ponds

and provide protection against stray animals and
animal trespass;

(r) consider and approve annual budget presented

by the respective Nazim, village council or
neighborhood council;

(s) facilitate formation of voluntary organizations

for assistance in functions assigned to it;

(t) facilitate the formation of co-operatives for

improving economic returns and reduction of
poverty;

(u) elect an Accounts Committee and review its

recommendations on the annual statement of
accounts and audit reports; and

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47
 (v) report cases of handicapped, destitute and of
extreme poverty to district government.

(2) The respective village council or neighborhood

council shall assist district government and tehsil
municipal administration in conducting surveys,
collecting socio-economic data and selecting sites
for municipal and social facilities and services.

92. Authority.

(1) An Authority shall be a body corporate having

perpetual succession and a common seal, with
power to acquire and hold property and enter into
any contract and may sue and be sued in its name.

(2) The Government shall, through open competition,

appoint the Chief Executive Officer of an Authority
on such terms and conditions as may be
prescribed and, until so appointed, the
Government may appoint an officer not below the
rank of BS-18 to look after the functions of the Chief
Executive Officer.

(3) The Chief Executive Officer shall be the Principal

Accounting Officer of the Authority and shall
perform such functions as are mentioned in this
Act or as may be prescribed or as may be
delegated by the Authority or as the Government
may assign.

(4) An Authority may assign any of its functions to a

public or private organization on such terms and
conditions as may be prescribed or enter into
public-private partnership for efficient
performance of any of its functions.

93. Functions of District Education Authority.

A District Education Authority shall

(a) establish, manage and supervise the primary,

elementary, secondary and higher secondary
schools, adult literacy and non-formal basic
education, special education institutions of the
Government in the District;

(b) implement policies and directions of the

Government including achievement of key
performance indicators set by the Government for
education;

(c) ensure free and compulsory education for

children of the age from five to sixteen years as
required under Article 25-A of the Constitution;

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48 PUNJAB & KHYBER PAKHTUNKHWA
 (d) ensure teaching standards, infrastructure
standards, student safety and hygiene standards
and minimum education standards for quality
education as may be prescribed;

(e) undertake students assessment and

examinations, ranking of schools on terminal
examination results and targets, promotion of co-
curricular activities, sports, scouting, girl guide,
red crescent, award of scholarships and conduct
of science fairs in Government and private
schools;

(f) approve the budget of the Authority and allocate

funds to educational institutions;

(g) plan, execute and monitor all development

schemes of educational institutions working under
the Authority, provided that the Authority may
outsource its development works to other
agencies or school councils;

(h) constitute school management councils which

may monitor academic activities;

(i) plan and finance maintenance of school,

support enrolment and retention, arrange
donation and finances, plan development and
may perform any other role as may be prescribed;
and

(j) perform any other function assigned by the

Government, a Commission or a body established
by law in the prescribed manner.

94. Functions of District Health Authority. A

District Health Authority shall

(a) establish, manage and supervise primary and

secondary health care facilities and institutions;

(b) approve the budget of the Authority and

allocate funds to health institutions;

(c) provide stewardship, ownership and oversight

of health service delivery at primary and secondary
levels within the policy framework given by the
Government;

(d) coordinate planning and allocate finances for

provision of service delivery at District level;

(e) develop referral and technical support linkages

between primary and secondary levels of health
care on the one hand and tertiary level health
facilities and medical education institutions on the

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49
 other;

(f) develop linkages between private and public

health sectors for enhancing access and coverage
of health care facilities to the general public and
improving quality of these services;

(g) coordinate health related emergency response

during any natural calamity or emergency.

(h) ensure human resource management and

capacity development of health service delivery
personnel under the policy framework given by the
Government;

(i) ensure performance based contracts with

service delivery managers as per prescribed
indicators;

(j) monitor, exercise oversight and performance

evaluation of service delivery managers as per
agreed performance indicators either directly or
through a third party;

(k) liaison with the Government for technical and

logistic support in case of any emergency or
disaster like situation;

(l) ensure timely and adequate reporting of

progress on health indicators and issues relating
to disease surveillance, epidemic control, disaster
management to the Government;

(m) implement policies and directions of the

Government including achievement of key
performance indicators set by the Government for
health care programmes;

(n) ensure implementation of minimum service

delivery standards, infrastructure standards,
patient safety and hygiene standards and
minimum public health standards as prescribed by
the Punjab Health Care Commission; and

(o) perform any other function as may be assigned

by the Government.

95. Performance of functions by the Authorities.

(1) An Authority shall perform its functions in the

prescribed manner.

(2) In the performance of their functions, the

Authorities shall also be bound and be guided by
the policies and instructions issued, from time to
time, by the Government.

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50 PUNJAB & KHYBER PAKHTUNKHWA
96.Amicable settlement of disputes.

(1) A Village Council shall constitute a Panchayat and

a City Council shall constitute a Musalihat
Anjuman for amicable settlement of disputes in the
prescribed manner.

(2) A Municipal Committee shall, for a ward or a group

of wards, constitute a Musalihat Anjuman for
amicable settlement of disputes in the prescribed
manner.

(3) A Panchayat or Musalihat Anjuman shall consist of

a panel of nine members, including at least two
women, to be nominated by the local government,
within thirty days of its first meeting, from amongst
residents of the local government but the
members of the local government shall not be
appointed as members of the Panchayat or
Musalihat Anjuman.

(4) The members of Panchayat or Musalihat Anjuman

shall be nominated for a term of five years or until
earlier replaced by the Union Council or the
Municipal Committee.

(5) Any casual vacancy in the panel of members of the

Panchayat or Musalihat Anjuman shall be filled by
the Union Council or Municipal Committee, as
soon as may be, but not later than thirty days from
the occurrence of the vacancy.

(6) Where in the opinion of the Union Council or

Municipal Committee, a member of Panchayat or
Musalihat Anjuman is accused of consistent
partiality and malpractices in the performance of
his functions, the Union Council or Municipal
Committee may, subject to an opportunity of
hearing, remove such member and nominate
another member in his place.

(7) Any person may refer a civil or criminal dispute to

the Panchayat or Musalihat Anjuman where the
dispute has arisen within the territorial jurisdiction
of the Panchayat or Musalihat Anjuman or where
parties to the dispute are residing in such area or
where the parties to the dispute have agreed to
submit themselves to the jurisdiction of the
Panchayat or Musalihat Anjuman.

(8) The Panchayat or Musalihat Anjuman shall make

efforts for amicable settlement of the dispute
between the parties and it shall record its findings
through agreement between the parties.

(9) If, in the opinion of the Panchayat or Musalihat

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51
 Anjuman, a party to the dispute has willfully
obstructed settlement of such dispute, it may
record its findings to that effect for further
consideration of the competent forum.

(10) The Panchayat or Musalihat Anjuman shall not

assume jurisdiction in a non-compoundable
offence.

(11) Every settlement of a dispute by Panchayat or

Musalihat Anjuman in a case pending before a
court shall be subject to the approval of such court.

(12) The parties to the dispute may agree to add any

other person as member of Panchayat or
Musalihat Anjuman for their dispute and such
person shall be treated as member of the
Panchayat or Musalihat Anjuman in that case.

97. Reference by Courts etc.

(1) A court may refer a dispute to any Panchayat or

Musalihat Anjuman functioning within its territorial
jurisdiction for amicable settlement of the dispute.

(2) The court making a reference to the Panchayat or

Musalihat Anjuman 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.

(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 Panchayat or Musalihat Anjuman 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.

(5) An officer incharge of a police station may refer a

compoundable case to a Panchayat or Musalihat
Anjuman.

98. Conflict of interest.

(1) A member of a Panchayat or Musalihat Anjuman

shall not take part in the proceedings of the
Panchayat or Musalihat Anjuman relating to a
dispute if he has any conflict of interest.

(2) If there is a conflict of interest of a member of the

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52 PUNJAB & KHYBER PAKHTUNKHWA
. case, the Chairman of the Union Council or Municipal
Committee may appoint any other eligible person
as member of the Panchayat or Musalihat
Anjuman for that case in place the member who
has conflict of interest in the case.

99. Procedure of settlement of disputes.

(1) The Convener of the Panchayat or Musalihat

Anjuman, selected in the prescribed manner,
shall

(a) convene meetings of the Panchayat or

Musalihat Anjuman on such date and at such place
in the Union Council or Ward as may be necessary
or appropriate; and

(b) conduct the proceedings in an informal manner

for amicable settlement of disputes.

(2) A legal practitioner shall not be permitted to take

part in the proceedings of a Panchayat or
Musalihat Anjuman on behalf of any party.

(3) The report of the Panchayat or Musalihat Anjuman

shall be recorded in writing and copies of the
report, attested by the Vice Chairman of the local
government, shall be provided to the parties.

(4) A Panchayat or Musalihat Anjuman shall hold its

proceedings at a place notified by the Government
or at such other place as the Convener of the
Panchayat or Musalihat Anjuman decides for a
case.

30. Establishment of Local Funds and Public

100. Local Fund and Public Account. Accounts

(1) A local government shall establish a Local Fund (1) There shall be established a district fund, a tehsil
and all the revenues received by the local fund, village fund and neighborhood fund, as the
government from the following sources shall be case may be, for each respective local
credited to the Fund: government.

(a) the proceeds of taxes, tolls, fees, rates or
charges levied by the local government;
(b) grants made to or monies received by the local
government from the Government or other
sources;
(2) To the credit of the respective Fund shall be placed
all revenues received by a local government from
the following sources:
(a) monies transferred by another local
government under this Act;

(c) rents and profits payable or accruing to the
local government from immovable property vested
in or controlled or managed by it;
(d) proceeds or any other profits from any
investment;
(b) grants made or monies received from
Government or other authorities in Pakistan;
(c) the proceeds of taxes levied by a local
government under this Act;

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53
 (e) gifts, grants or contributions to the local
government by individual or institutions;
(f) income accruing from markets or fairs regulated
by the local government;
(g) fines and penalties imposed under this Act;
(h) proceeds from other sources of income which
are placed at the disposal of the local government
under directions of the Government;
(i) all monies transferred to the local government
by the Government; and
(j) monies transferred by another local government
under this Act.
(2) The Government shall transfer the grants of a local
government in the shape of share of the local
government in the Punjab Finance Commission
Award and share in the proceeds of taxes of the
local government collected by the Government, to
the Local Fund of the local government on monthly
basis.
(3) Every local government shall maintain a Public
Account to place all revenues received by the local
government from the following sources-
(a) receipts accruing from trusts administered or
managed by the local government;
(b) refundable deposits received by the local
government; and
(c) deferred liabilities.
(4) A local government may establish and maintain a
separate account for any special purpose to which
one or more sources of revenue mentioned in
subsection (1) or any part of these sources or any
specified portion of the Local Fund may be
assigned.
(5) The separate account under subsection (1) shall
be maintained, administered and regulated as if it
were a Local Fund.
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54 PUNJAB & KHYBER PAKHTUNKHWA
(d) rents and profits payable or accruing to a local
government from immovable property vested in or
controlled or managed by it;
(e) proceeds or any other profits howsoever
known or called from bank accounts and
investments of a local government;
(f) gifts, grants or contributions by individuals or
institutions;
(g) income accruing from markets or fairs
regulated by a local government;
(h) fines imposed and recovered under this Act;
and
(i) proceeds from other sources of income which
are placed at the disposal of a local government
under directions of Government.
(3) To the credit of respective Public Account of the
local government shall be placed all revenues
received by a local government from the following
sources-
(a) receipts accruing from trusts administered or
managed by it;
(b) refundable deposits received by it; and
(c) deferred liabilities
(4) A local government, may and if required by
Government shall establish and maintain a
separate fund for any special purpose to which
one or more sources of revenue mentioned in sub-
section (2) or any part of these sources or any
specified portion of the Fund may be assigned and
which shall be administered and regulated in such
manner as Fund of the local government.
101. Custody of Local Fund and Public Account.
The monies credited to the Local Fund or the Public
Account of a local government shall be kept and
operated in an account of the local government in such
manner as may be prescribed.
102. Charged expenditure.
(1) The following expenditure shall be charged upon
the Local Fund
(a) the money required for repayment of loans;
(b) the money required to satisfy any judgment,
decree or award against the local government;
(c) the money that the local government may be
required by the Government to contribute towards
the conduct of local government elections and
other deferred liabilities of the local government;
and
(d) such other expenditure of local government as
may be prescribed.
(2) If any expenditure is a charge upon the Local Fund
and is not paid, the Government may, by order,
direct the person having the custody of the
respective Local Fund to pay such amount from
the Local Fund.
103. Application of Local Fund.
(1) Monies credited to a Local Fund shall be expended
in accordance with the annual budget and revised
budget estimates approved by the local
government.
(2) A local government shall not transfer monies to
any other local government except by way of
payment of debts, for carrying out deposit works or
for such other purposes as may be prescribed.
(3) The application of Local Fund shall be subject to
the budgetary constraints and according to the
minimum prescribed ratio of development and
non-development expenditures.
31.Custody and Operation of Funds and Public
Account
(1) Monies credited to a Fund or a Public Account of a
local government shall be kept in the State Bank,
Government Treasury, a post office or a bank in
such manner as shall be specified by the
Government from time to time.
32.Charged expenditure
(1) The following expenditure shall be charged on the
Fund of local government, that is to say:
(a) such sums as are required for repayment of
debt;
(b) any sum required to satisfy any judgment,
decree or award against the local government by
any Court or Tribunal;
(c) such sums as the local government may be
required by Government to contribute towards the
conduct of elections, the maintenance of
specified group of functionaries and the auditing of
accounts; and
(d) any expenditure declared by Government to be
so charged.
(2) If any expenditure is a compulsory charge on the
Fund of a local government and is not paid,
Government may, by order, direct the person
having the custody of the Fund to pay such
amount, or so much thereof as may be possible
from time to time, from the balance of the Fund.
33. Application of Funds
(1) The money credited to the Fund of a local
government shall be expended in accordance
with annual budget approved by the respective
local council.
(2) No local government shall transfer monies to a
higher level of Government except by way of
repayment of debts or for carrying out deposit
works or as provided in this Act.
(3) Where a new local government is to take over
during a financial year 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
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
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55
(4) Where a new local government is to take over excess of eight percent per mensum of the
during a financial year as a result of fresh elections, budgeted funds for remainder of its term in office.
the outgoing local government shall not spend
funds or make commitments for any expenditure
under any demand for grant or appropriation in
excess of eight percent per month of the budgeted
funds for the remainder of its term in office in that
financial year

104. Budget. 34.Budget Preparation

(1) The annual budget for a local government shall (1) The annual budget for each local government shall
contain estimates of contain estimates of:

(a) grants from the Government; (a) grants-in-aid from Government;

(b) amounts available in the Local Fund; (b) amounts available in the respective Fund;

(c) receipts for the next year; and (c) receipts for the next year; and

(d) expenditure to be incurred for the next year. (d) expenditures to be incurred for the next year

(2) The Government shall, sufficiently before the (2) The Government shall, sufficiently before the
beginning of each financial year, notify the beginning of each financial year, notify the
provisional share, which may be credited to the provisional grants, which may be credited to the
Local Fund of a local government from the Fund of a local government from the Provincial
Provincial Allocable Amount. Consolidated Fund.

(3) The functionaries of a local government may re-
appropriate budget in accordance with the powers
of re-appropriation delegated to them by the local
government and at the end of the financial year, a
revised budget shall be submitted to the local
government for approval.
(4) A demand for a grant shall not be made except on
the recommendation of the Mayor or the
Chairman.
(5) Conditional grants from the Government or other
local government shall be shown separately in the
budget and shall be governed by the conditions on
which such grants were made.
(3) No demand for a grant shall be made except on the
recommendation of the respective Nazim.
(4) Conditional grants from Government or other local
government will be shown separately in the budget
and will be governed by conditions provided
therein.
(5) Before the commencement of a financial year each
local government shall, for its Fund, prepare in the
prescribed manner, a budget for that year.

(6) A local government shall prepare the budget in the

prescribed manner and in accordance with the
chart of accounts notified by the Auditor-General of
Pakistan.

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56 PUNJAB & KHYBER PAKHTUNKHWA
105. Approval of budget.
(1) Before the commencement of the next financial
year, the Mayor or Chairman shall present the
budget for consideration and approval of the local
government.
(2) The local government may discuss the charged
expenditure but shall not vote on such
expenditure.
(3) The budget of a local government shall, subject to
quorum, be approved by simple majority and the
local government shall not take up any other
business during the budget session.
(4) The Government may review approved budget of a
local government, and if found contrary to the
budget rules, may require the local government to
rectify it.
(5) A budget shall not be approved if the sums
required to meet estimated expenditure including
previous liabilities and commitments exceed the
estimated receipts.
(6) In case a budget is not approved by a local
government before the commencement of the
financial year to which it relates, the local
government shall spend money under various
objects, on pro-rata basis, in accordance with the
budgetary provisions of the preceding financial
year for a period not exceeding thirty days.
(7) A local government shall not spend funds or make
commitments for any expenditure, under any
demand for grant or appropriation, in excess of
eight percent of the amount budgeted in the
preceding year within the period of thirty days
mentioned in subsection (6).
(8) In case, a local government fails to pass the
budget within the extended period as specified in
subsection (6), the Government shall prepare,
approve and authenticate the budget of the local
government for full year.
(9) After approval of the budget by a local
government, the Mayor or the Chairman shall
authenticate under his signature a schedule
specifying
(a) grants made or deemed to have been made by
the local government; and
(b) sums required to meet the expenditure
35.Approval of Budget.
(1) Before the commencement of the next financial
year, each Nazim shall, present the budget for
consideration and approval of the respective local
council.
(2) The budget of a local government shall be
approved by simple majority of the total
membership of the respective council.
(3) No other business shall be taken up by a council
during budget session.
(4) In case a budget is not approved by the local
council before commencement of the financial
year to which it relates, Government shall prepare,
approve and authenticate budget for the local
government.
(5) A local council shall not be empowered to approve
a budget if the sums required to meet estimated
expenditures exceed the estimated receipts.
(6) The Nazim shall authenticate by his signature a
schedule specifying the:
(a) grants made or deemed to have been made by
the local council; and
(b) the several sums required to meet the
expenditure charged upon the Fund of the local
government.
(7) The schedule so authenticated shall be laid before
the local council, but shall not be open to
discussion or vote thereon.
(8) The schedule so authenticated shall be
communicated to the respective Accounts
Officials and Government.
(9) At any time before the expiry of the financial year to
which budget relates, a revised budget for the year
may, if necessary, be prepared and sanctioned
and such revised budget shall, so far as may be, be
subject to the provisions of this section.
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57
 charged upon the Local Fund.

(10) The schedule authenticated under subsection (8)

shall be laid before the local government but shall
not be open to discussion or vote.

(11) T h e a u t h e n t i c a t e d s c h e d u l e s h a l l b e
communicated to the local government
functionaries, accounts officials and the
Government.

(12) At any time before the expiry of the financial year to

which the budget relates, a revised budget for the
year may, if necessary, be prepared and such
revised budget shall be approved in the manner as
that of annual budget.

107. Accounts. 36.Accounts

(1) The accounts of all receipts and expenditure of a
local government shall be kept in such form and in
accordance with such principles and methods as
may be prescribed by the Auditor-General of
Pakistan.
(2) In addition to maintenance of accounts by a local
government, Provincial Director, Local Fund Audit
of the Government shall maintain the accounts of
the local governments, other than the accounts of
the Union Councils, District Education and Health
Authorities.
(3) The Union Secretary shall maintain the accounts of
the Union Council.
(4) Accountant General and District Accounts Officer
of the District shall maintain the accounts of the
District Education Authority and District Health
Authority.
(5) The Provincial Director, Local Fund Audit of the
Government shall pre-audit all the payments from
the Local Fund of a local government other than
the payments from the Local Fund of the Union
Councils and accounts of the District Education
and Health Authorities.
(6) The Union Secretary shall pre-audit all the
payments from the Local Fund of the Union
(1) The accounts of receipts and expenditure of local
governments shall be kept in such form and in
accordance with such principles and methods as
the Auditor-General of Pakistan may prescribe.
(2) The following arrangement for maintaining of
accounts in local governments shall be followed:
(a) the District Accounts Officer shall maintain the
accounts of each district government;
(b) the Tehsil Accounts Officer shall maintain the
accounts of the tehsil municipal administration;
(c) the Village Accountant shall maintain the
accounts of village council;
(d) the Neighbourhood Accountant shall maintain
the accounts of neighbourhood council; and
(e) the Accounts Officer mentioned in clauses
(a),(b) (c) and (d) shall perform pre-audit of all
payments from the respective Fund before
approving disbursements of monies.
(3) The District Accounts Officer shall, quarterly and
annually, consolidate the accounts of local
governments in the district separately for receipts
from the Government and local resources and
send a copy to Government, Accountant General

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58 PUNJAB & KHYBER PAKHTUNKHWA
 Council.
(7) The Accountant General and the District Accounts
Officer shall pre-audit all the payments from the
Local Funds of the District Education Authority and
District Health Authority.
(8) A local government shall not withdraw or disburse
money from the Local Fund unless it is pre-audited
in the prescribed manner.
(9) The Provincial Director, Local Fund Audit and the
Accountant General shall, by fifteenth day of July,
prepare an annual statement of receipts and
expenditures of the accounts of local
governments, District Education and Health
Authorities for the preceding financial year and
shall transmit the statement to the Government
and the concerned local government.
(10) A copy of the annual statement of accounts shall
be displayed at a conspicuous place in the office of
the local government for public inspection and all
objections or suggestions concerning such
accounts received from the public shall be
considered by the local government and
appropriate decision shall be taken.
108. Audit.
(1) The Auditor-General of Pakistan shall, on the basis
of such audit as he may consider appropriate or
necessary, certify the accounts of a local
government for each financial year.
(2) The Auditor-General shall audit the accounts of a
local government in such form and manner as may
be deemed appropriate.
(3) The audit report of the Auditor-General shall be
considered by the Public Accounts Committee of
the Provincial Assembly of the Punjab.
(4) If in the opinion of the Government, it is necessary
in public interest to have a special audit of a local
government, it may direct that such audit may be
conducted either by the Provincial Director Local
Fund Audit or any other audit agency.
(5) After the receipt of special audit report of a local
government, the Government may, after enquiry
by the Punjab Local Government Commission,
take appropriate action on the recommendations
of the Commission.
and Nazim district council.
(4) Local governments shall publish annual accounts
for public information.
(5) Accounts Committees of the respective local
councils shall hold public hearings to consider
audit reports, objections to statement of accounts
and recommend appropriate action to the local
council.
37.Audit
(1) The Auditor General of Pakistan shall, on the basis
of such audit as he may consider appropriate or
necessary, certify the accounts compiled and
prepared by the respective accounts officials of
local governments for each financial year, showing
annual receipts and disbursements for the
purposes of each local government and shall
submit certified accounts with such notes,
comments or recommendations as he may
consider necessary to the Government and Nazim
of the respective local council.
(2) The Nazim shall cause the audit report to be
submitted to the respective local council and the
local council shall refer it to its Accounts
Committee for examination.
(3) Every district government and tehsil municipal
administration shall publish its annual audit report
for information of public.
(4) Every Nazim, district council and tehsil council
shall appoint an Internal Auditor as principal
support person for provision of information to him
and members of the respective local council on
fiscal performance of the local government.
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59
109. Local government debt.

(1) A local government shall not incur any debt without

previous approval of the Government.

(2) A local government may invest surplus funds, if

any, in such securities and financial institutions, as
may be approved by the Government.

106. Honoraria and allowances.

A local government may, subject to the prescribed

limitations, make budgetary provisions for honoraria
and allowances of the Mayor, Chairman, Deputy Mayor,
Vice Chairman or a member of the local government.

127. Ownership of immovable property. 38. Ownership of property.-

(1) Subject to any reservations made or any
conditions imposed by the Government, the
property specified below shall vest in the
respective local government if it is
(a) vested in the local government through
succession as provided in section 3;
(b) transferred to the local government by the
Government or any other authority, organisation or
an individual;
(c) constructed or acquired by the local
government with its title; and
(d) a road, street or any other immovable property
developed by the local government for public
purposes with express or implied consent of the
owner.
(2) Until otherwise directed by the Government, the
properties of the Government in possession of the
local governments established under Punjab
Local Government Ordinance, 2001 (XIII of 2001)
shall pass on to their successors as provided in
section 3.
(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
(1) Subject to any conditions imposed by
Government, the property specified hereunder
shall vest in the respective local government if it is
(a) vested in a local government through
succession;
(b) transferred to the local government by the
Government or any other authority, organization or
an individual; and
(c) constructed or acquired by a local government
with its title.
(2) The properties of Government in possession of the
local councils established under the Khyber
Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa. Act. No. VIII of 2012), shall
pass on to their successors as provided in this Act
till varied by Government.
(3) The local government shall, subject to policy of
Government or contractual obligations, make bye-
laws for the use, development, improvement,
management and inspection of property which is
owned by or vests in it or which is placed under its
management charge.
(4) Subject to other provisions of this Act, Government
shall not, except with the prior consent of the local
government concerned, reallocate or in any
manner divest title of properties vested in that local
government under this Act.

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60 PUNJAB & KHYBER PAKHTUNKHWA
 consent of the local government, transfer an
immovable property vested in the local
government.
129. Stock taking by the local government.
(1) Every local government shall once in every year in
July, take the physical stock of its movable and
immovable properties and publish the report in the
prescribed manner.
(2) The report referred to in subsection (1) shall
contain
(a) particulars of the properties held during the
preceding year;
(b) total value of the property, annual return there
from and change in its value, if any;
(c) particulars of unserviceable articles;
(d) particulars of losses, if any; and
(e)proposal for utilization, development and
improvement during the following year.
130. Use of properties of local governments.
(1) The properties of local governments shall be used
only for public purposes.
(2) Subject to this section, a local government shall
not sell or permanently alienate any of its
immovable property.
(3) A local government may grant lease of its
immovable property through competitive bidding
by public auction in the prescribed manner.
(4) The Government may constitute a Committee
headed by the Chief Officer of the local
government to identify the encroached or
redundant properties of a local government that
may be sold in the prescribed manner with the
approval of the Government and the funds
generated from the sale of such properties shall be
kept in a separate account and be used only for
purposes of development.
(5) The movable property of a local government which
is required to be disposed of shall be sold through
competitive bidding by public auction.
39.Stock taking by the Nazim
(1) Every Nazim shall, on assumption of his office and
thereafter, once in every year on a date fixed by
him, take physical stock of movable and
immovable properties of the local government and
present a report to the local council.
(2) The report shall contain-
(a) particulars of the properties held during the
preceding year;
(b) total value of the property and annual return
there from;
(c) particulars of unserviceable articles and losses
if any; and
(d) plans for utilization, development and
improvement during the following year.
40. Use and disposal of properties
(1) Properties of local government shall be used only
for public purposes.
(2) Immovable properties of local government shall
not be sold or permanently alienated:
Provided that such properties may be given on lease
through competitive bidding in public auction for a
period to be determined by the Government:
Provided further that no such property under or near a
fly-over bridge shall be leased or otherwise given
to any person for private, commercial or non-
commercial use, and any order, license,
permission, tehbazari ticket, handcart passes or
certificate issued by any authority at any time in
this respect shall stand withdrawn and shall be
deemed cancelled.
(3) Movable property of a local government which is
required to be disposed of and all articles declared
unserviceable shall be sold through competitive
bidding in public auction.
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61
 41. Personal responsibility with regard to loss and
waste

(1) Every official or servant of a local government,

every member of a local council, and every person
charged with administration and management of
property of a local government shall be personally
responsible for any loss or waste, financial or
otherwise, of any property belonging to a local
government which is a direct consequence of
decisions made by him personally or under his
directions in violation of this Act or any other law for
the time being in force or which accrues as a result
of his negligence or misconduct, and shall be
liable to pay such surcharge as may be
determined by the respective Accounts
Committee and such amount shall be recoverable
as arrears of land revenue.

(2) Any person aggrieved by the imposition of liability

under sub section (1) may prefer an appeal to
Government whose decision shall be final:
Provided that no order shall be passed in appeal,
except after giving the aggrieved person an
opportunity of being heard.

128. Transfer of property by the Government.

Subject to such conditions as may be prescribed, the

Government may, on its own accord or on a request by
a local government, transfer the management of nazul
land, auqaf land or any other Government or public
property to it for administration as a trustee.

131. Acquisition of immovable property.

(1) Whenever any local government considers it

necessary or expedient it may acquire any
immovable property for a public purpose.

(2) A local government may, in the prescribed manner,

purchase an immovable property through an
agreement when such property is required for a
public purpose

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62 PUNJAB & KHYBER PAKHTUNKHWA
115. Taxes to be levied.
(1) Subject to this Act, a local government may, by
notification in the official Gazette, levy any tax, fee,
rate, rent, toll, charge or surcharge specified in
Third Schedule.
(2) The Government shall vet the tax proposal prior to
the approval of the tax by the local government in
order to ensure that the proposal is reasonable
and in accordance with law.
(3) The Government shall vet the tax proposal within
thirty days from the date of receipt of the proposal
failing which it shall be deemed to have been
vetted by the Government.
(4) A local government shall not levy a tax without
previous publication of the tax proposal and
inviting and hearing public objections.
(5) A local government may, subject to provision of
subsection (1), increase, reduce, suspend,
abolish or exempt any tax
116. Rating areas and property tax.
(1) On the commencement of this Act, a rating area in
which tax has been imposed under the Punjab
Local Government Ordinance, 2001 (XIII of 2001),
shall continue to be rating area within the meaning
of the Punjab Urban Immovable Property Tax Act,
1958 (V of 1958).
(2) Notwithstanding anything contained in the Punjab
Urban Immovable Property Tax Act 1958 (V of
1958), a Metropolitan Corporation, Municipal
Corporation, Municipal Committee or a rural Union
Council with urban characteristics may determine
higher rate of property tax within its area in
accordance with the provisions of section 115.
(3) Where a Metropolitan Corporation, a Municipal
Corporation, or a Municipal Committee has not
determined the rate of property tax within its area,
the property tax shall be levied in accordance with
the provisions of the Punjab Urban Immovable
42.Imposition, notification and enforcement of
Taxes
(1) A local government subject to the provisions of any
other law may, and if directed by Government
shall, levy all or any of the taxes and levies
specified in the Third Schedule(2)No tax shall be
levied without previous publication of the tax
proposal inviting and hearing public objections
and approval of the respective local council.
(3) A local government may reduce, suspend or
abolish a tax.
(4) Where a tax is levied or modified, the local
government shall specify the date for the
enforcement thereof, and such tax or the
modification shall come into force on such date.
(5) Government shall have power to direct a local
government to levy any tax, increase or reduce any
such tax or the assessment thereof and suspend
or abolish the levy of any tax.
43. Model Tax Schedule.
Government may frame Model Tax Schedules and
when such schedules have been framed a local
government shall be guided by them in levying a tax.
44. Rating Areas and Property Tax
(1) On commencement of this Act, every tehsil shall
be rating area within the meaning of the Khyber
Pakhtunkhwa Urban Immovable Property Tax Act,
1958 (W.P. Act V of 1958).
(2) The rate of property tax in an area within a tehsil
shall be subject to approval of respective tehsil
council:
Provided that in the areas within a tehsil where rate
has not been determined, the areas shall be
deemed to be exempted from property tax till
determination of the rate.
(3) Unless varied under sub-section (2) above, the
existing rates in the areas within a tehsil shall
remain in force.
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63
Property Tax Act, 1958 (V of 1958).
(4) In matters for which no provision or no adequate
provision relating to the property tax has been
made under this Act, the provisions of the Punjab
Urban Immovable Property Tax Act, 1958 (V of
1958) shall apply.
117. Collection of taxes.
(1) A tax or fee levied under this Act shall be collected
in the prescribed manner.
(2) The Government may prescribe the mode of
collection of a tax or a fee levied under this Act and,
for the purpose, may combine tax or fee of two or
more local governments with a stipulation for
division of proceeds of the tax or fee.
(3) If a person fails to pay any tax or fee or any other
money payable to a local government, the local
government and, if so requested by the local
government, the Government shall recover the tax,
fee or other money as arrears of land revenue.
(4) The recovery of tax, fee or other money under
subsection (3) shall not absolve the person from
prosecution for any offence under this Act or any
other law.
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64 PUNJAB & KHYBER PAKHTUNKHWA
Explanation.
For the purpose of this section the rate shall mean the
tax leviable under the Khyber Pakhtunkhwa Urban
Immovable Property Tax Act, 1958 (W.P. Act V of 1958).
45. Collection and recovery of taxes
(1) Failure to pay any tax and other money claimable
under this Act shall be an offence.
(2) All arrears of taxes, rents and other moneys
claimable by a local government under this Act
shall be recoverable as arrears of land revenue.
(3) Government may empower any local government
to recover arrears of taxes or any other moneys
claimable by the local government under this Act
by distress and sale of the movable property
belonging to the person concerned or by
attachment and sale of the immovable property
belonging to him.
(4) Government may specify the officials or classes of
officials by whom the power under sub-section (3)
shall be exercised and prescribe the manner in
which it shall be exercised.
46.Liability on account of taxes
(1) A local government may by notification, call upon
any person to furnish such information, produce
such record or accounts or to present such goods
or animals liable to any tax as may be necessary for
the purpose of determining the liability of such
person to a tax.
(2) Any official of a local government authorized in this
behalf, may after due notice, enter upon any
building or premises for the purpose of assessing
the liability of such building or premises to any tax,
or inspecting any goods or animals therein liable to
any tax.
(3) Any official of a local government authorized in this
behalf may, in the prescribed manner, seize and
dispose of any goods or animals on which any tax
is due and is not paid.
 47. Deduction of taxes from salaries

If a local government levies a tax on professions, trades

or callings, it may require the employer of the person
liable to such tax to deduct the tax from the salary or
wages payable to such person, and on such requisition
the amount of the tax due shall be deducted from the
salary or wages of the persons concerned and credited
to the Fund of the local government.

48. Petitions against valuation and assessment

No assessment of a tax under this Act or valuation there

for, or the liability of a person to be so taxed, shall be
called in question except by a petition presented to
such authority, in such manner and within such period
as may be prescribed.

49. Taxation rules

All taxes and other charges levied by a local

government shall be imposed, assessed, leased,
compounded, administered and regulated in such
manner as may be prescribed by rules which may,
among other matters, provide for the obligation of the
tax payer and the duties and powers of the officials
responsible for the assessment and collection of taxes.

118. Minimum rate of tax etc. 50. Local governments not to incur debt

(1) Notwithstanding anything contained in this (1) No local government shall incur any debt.
Chapter, the Government may, by rules, determine
the minimum rate of a tax or fee to be levied and (2) No monies of the local government shall be
collected by a local government. invested in securities other than those floated or
approved by the Government.
(2) The Government may, for reasons to be recorded
in writing and by notification in the official Gazette,
exempt the levy of any tax or fee of a local
government for a specified period of not more than
fifteen days on any special occasion or in order to
alleviate the specific hardship suffered by people
at large or a section of people

51. Constitution of Provincial Finance Commission

110. Punjab Finance Commission.
Government shall constitute a Provincial Finance
The Government shall constitute Punjab Finance Commission hereinafter referred to as Finance
Commission. Commission.

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65
111. Composition of Punjab Finance Commission.
(1) The Punjab Finance Commission shall consist of
the following members
(a) Minister for Finance who shall be the
Chairperson;
(b) Minister for Local Government who shall be the
Co-Chairperson;
(c) five members of the Provincial Assembly of the
Punjab, three nominated by the leader of the
House and two nominated by the leader of the
opposition in the Provincial Assembly;
(d) Secretary to the Government, Finance
Department;
(e) Secretary to the Government, Planning and
Development Department;
(f) Secretary to the Government, Local
Government and Community Development
Department; and
(g) two professional members from the private
sector to be nominated by the Government on
such terms and conditions as may be prescribed
by the Government.
(2) The Finance Department shall act as the
Secretariat of the Punjab Finance Commission.
(3) No proceedings or act of the Punjab Finance
Commission shall be invalid merely on the ground
of existence of a vacancy or defect in the
composition of the Punjab Finance Commission.
(4) A professional member may be removed or
reappointed in the prescribed manner.
112. Functions of the Punjab Finance Commission.
(1) The Punjab Finance Commission shall make
recommendations to the Government on
(a) a formula for resource distribution including
(i) distribution between the Government and the
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66 PUNJAB & KHYBER PAKHTUNKHWA
52. Composition of the Finance Commission
(1) The Finance Commission shall consist of the
following members:
(a)Minister for Finance Department, who shall be
the Chairman of the Finance Commission;
(b)Minister for Local Government, Elections and
Rural Development Department;
(c)two members of the Provincial Assembly of
Khyber Pakhtunkhwa, one each nominated by the
Chief Minister and Leader of Opposition in the said
Assembly;
(d)Secretary to Government, Finance Department;
(e)Secretary to Government, Planning and
Development Department;
(f)Secretary to Government, Local Government,
Elections and Rural Development Department;
(g) Secretary to Government, Law, Parliamentary
Affairs and Human Rights Department;
(h)two Nazimeen, district councils elected by
Nazimeen district councils in the province; and
(i)two Nazimeen, tehsil councils elected by
Nazimeen of tehsil councils in the province.
(2) The Finance Department shall provide secretariat
support to the Finance Commission and provide
annual statement on transfer of funds in
accordance with recommendations of the Finance
Commission.
(3) No proceedings or act of the Finance Commission
shall be invalid merely on the ground of existence
of a vacancy in its composition.
(4) Subject to this Act, the Finance Commission shall
regulate its procedure and business.
53. Functions of the Finance Commission
(1) T h e F i n a n c e C o m m i s s i o n s h a l l m a k e
recommendations to the Government on:
(a) the amount of grant for local governments out
of the proceeds of Provincial Consolidated Fund in
a financial year in addition to the grant in lieu of
 local governments out of the proceeds of the
Provincial Consolidated Fund into a Provincial
Retained Amount and a Provincial Allocable
Amount to be called Punjab Finance Commission
Award;
(ii) distribution of Provincial Allocable Amount
amongst the local governments as share of each
local government; and
(iii) distribution of amounts received by the
Government in lieu of Octroi and Zila Tax amongst
the local governments; and
(b) matters relating to local government finance
referred to the Punjab Finance Commission by the
Government or by a local government.
(2) The grant in lieu of Octroi and Zila Tax shall be in
addition to the Punjab Finance Commission
Award.
(3) The Government may make grant-in-aid to a local
government and such grant shall not form part of
the Provincial Allocable Amount.
(4) The Punjab Finance Commission may, before
making recommendations, consult a body or
person, and shall take into account the principles
of population, backwardness, need and
performance of a local government.
(5) The Government may approve or, for reasons to be
recorded in writing, alter the recommendations of
the Punjab Finance Commission and promptly
release the grants directly to the local government.
(6) The Punjab Finance Commission shall take all
decisions by majority of the members present and
voting.
(7) The Punjab Finance Commission shall present to
the Government annually a report on the analysis
of the fiscal transfers, the situation of own-source
revenue of the local governments and the reach
and quality of their services and the Government
shall cause the report to be laid before Provincial
Assembly of the Punjab.
(8) The Provincial Allocable Amount and shares of the
local governments shall be determined by the
award which shall remain in force for a period of
five years.
(9) In case, the recommendations are not finalized
before the expiry of the period of the award, the
Octroi and Zilla Tax:
Provided that in addition to the establishment
charges budgeted for the devolved functions and
transfers in lieu of Octroi and Zilla Taxes, the
development grant for local governments shall be
so determined that it is not less than thirty percent
of the total development budget of the province in
the respective year;
(b) formula for distribution of the grant among local
governments in the province:
Provided that the development grant for village
and neighborhood councils shall be determined
on the basis of population;
(c) the amount of special grants for local
governments with modalities and conditions to
access the facility;
(d) grants in aid to local governments in need of
assistance; and
(e) matters relating to local government finance.
(2) While making recommendations, the Finance
Commission shall take into account the principles
of fiscal need, fiscal capacity, fiscal effort and fiscal
performance of local governments.
(3) The Finance Commission shall also take into
consideration poverty, population, lag in
infrastructure and revenue base of local
governments as factors while formulating its
recommendations.
(4) The Finance Commission shall present to the
Government annually a report on the analysis of
fiscal transfers, the situation of own-source
revenue in local governments and the reach and
quality of their services and the Government shall
cause the report to be laid before the Provincial
Assembly.
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67
 award in force shall continue to serve as the
determinant of the Provincial Allocable Amount
and the shares of the local governments till such
time that a new award is approved.

113. Certification requirements for fiscal transfers.

(1) The Punjab Finance Commission shall, in

consultation with the Government, determine the
requirements for certification of fiscal transfers.

(2) The certifications under subsection

(1) shall include the following:-

(a) Provincial Allocable Amount and its calculation;

(b) transfer of funds in accordance with

determined shares of the local governments;

(c) transfer of funds in accordance with the award

and references made to the Punjab Finance
Commission; and

(d) revenues and expenditures of the Government

and local governments.

(3) The Punjab Finance Commission may, for

purposes of certification, obtain data from the
Government, local government, any relevant
agency connected with the Government or the
Federal Government.

(4) The Government and a local government shall

provide reports to the Punjab Finance
Commission on the timeframe and methodology
for the flow of funds determined by the Punjab
Finance Commission.

(5) A local government may seek redressal of

grievance relating to any matter connected with
fiscal transfers by the Government by making a
reference to the Punjab Finance Commission
along with the grounds of such grievance and the
Punjab Finance Commission may take appropriate
decision for purposes of redressal of the grievance

114. Powers of the Punjab Finance Commission.

(1) Nothing contained in this chapter shall be

construed to impose limits on the powers of the
Punjab Finance Commission under any law as
regards calling for any information relating to fiscal
transfer formula and transfer of funds and, for the
purpose, shall have the same powers as are
vested in a civil court under the Code of Civil

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68 PUNJAB & KHYBER PAKHTUNKHWA
 Procedure, 1908 (V of 1908).
(2) The Provincial Allocable Amount and shares of the
local governments shall be transferred on the
basis of actual monthly receipts of the
Government.
(3) The Punjab Finance Commission shall conduct its
business in the prescribed manner.
122. Punjab Local Government Commission.
(1) The Government shall appoint a Punjab Local
Government Commission which shall consist of
persons of integrity and good track record of
public service.
(2) The Commission shall consist of the following:-
(a) a Chairman who shall be the Minister for Local
Government;
(b) three members of the Provincial Assembly of
the Punjab, two nominated by the leader of the
House and one nominated by leader of the
Opposition in the Provincial Assembly of the
Punjab;
(c) two technocrat members, including at least one
woman, nominated by the Government; and
(d) Secretary, Local Government and Community
Development Department.
(3) The Secretary, Local Government and Community
Development Department shall be the Secretary of
the Commission.
(4) The Punjab Local Government Commission may
co-opt any official of the Government for any
specific assignment.
(5) Subject to subsection (6), the tenure of the
members of the Punjab Local Government
Commission, other than the Chairman and the
Secretary, shall be five years.
(6) The Government may, after serving a notice and
opportunity of hearing, remove a member of the
Commission after recording reasons.
(7) In the event of a casual vacancy in the membership
of the Commission, the Government shall, for the
residual period, appoint another person of the
54. Local Government Commission
(1) Government shall appoint a Local Government
Commission, which shall consist of-
(a) Minister for Local Government, Elections and
Rural Development Department, who shall be the
Chairman of the Local Government Commission;
(b) two members of the Provincial Assembly, one
each nominated by the Chief Minister and Leader
of Opposition in the Provincial Assembly;
(c) two eminently qualified and experienced
technocrats including a woman selected by
Government for a period of three years;
(d) Secretary to Government, Law, Parliamentary
Affairs and Human Rights Department; and
(e)Secretary to Government, Local Government,
Elections and Rural Development Department.
(2) The Local Government Commission may, for any
specific assignment, co-opt any other person as
member; provided that, when it is seized with an
inquiry against a Nazim, it shall be mandatory for
the Local Government Commission to co-opt a
disinterested Nazim, district council as member.
(3) Government shall provide separate budget for the
Local Government Commission with Director
General, Local Government and Rural
Development as Principal Accounting Officer, who
shall provide secretarial support and render
assistance to the Local Government Commission.
(4) No act or proceedings of the Local Government
Commission shall be invalid by reason or
existence of any vacancy, or defect, in its
constitution.
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69
accordance with the provisions of subsection (1).

(8) The Local Government and Community

Development Department shall provide secretarial
support to the Commission by establishing a
separate Secretariat of the Commission with
sections for each category of local governments.

(9) No act or proceedings of the Commission shall be

invalid by reason or existence of any vacancy or
defect in the constitution of the Commission.

(10) The Government shall provide a separate budget

for the Commission in the annual budget.

(11) The Government shall notify the schedule of

establishment of the Commission.

(12) The Secretary of the Commission shall be the

Principal Accounting Officer and the Commission
shall have its own drawing and disbursing officer.

(13) The Government, its departments and agencies

shall aid and assist the Commission in the
performance of its functions

123. Functions of the Commission. 55. Functions of the Local Government Commission

(1) The Punjab Local Government Commission shall
(a) conduct annual and special inspections of the
local governments and submit its reports to the
Government;
(b) if so directed by the Government, conduct,
(i) an inquiry by itself or through any other agency
about any matter concerning a local government;
(ii) audit by itself or direct any other agency to
conduct a special audit of any local government;
(c) resolve the disputes between any Department
of the Government and a local government or
between two or more local governments and if the
Commission fails to settle the dispute, the
aggrieved party may move the Government for
resolution of the dispute;
(d) enquire into the matters referred to it by the
Government or a Chief Officer and give its decision
on such matter;
(e) conduct social and performance audit of a
(1) Functions of the Local Government Commission
shall be to:
(a) conduct annual and special inspections of local
governments and submit reports to the
Government
(b) conduct, on its own initiative or, whenever, so
directed by the Chief Minister or, whenever, a
reference is made by a Nazim, district council, an
inquiry by itself or through district government into
any matter concerning a local government;
(c) resolve disputes between local governments;
(d) submit to the Chief Minister an annual report on
the over-all performance of district governments
and tehsils municipal administration; and
(e) take cognizance of violations of laws and rules
by a local government.
(2) Where the Local Government Commission is of the
opinion that suspension of a Nazim, Naib Nazim or
a member of a local council is necessary for the
purposes of a fair enquiry or preventing him from

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70 PUNJAB & KHYBER PAKHTUNKHWA
 category of the local governments on the basis of
specific performance indicators through a third
party and publish the report of such audit;
(f) submit to the Government an annual report on
the over-all performance of the local governments;
(g) take cognizance of violations of laws and rules
by a local government in the performance of its
functions; and
(h) organize consultative planning meetings of
National and Provincial legislators, the Mayors and
the Chairmen on a periodic basis to provide their
participation in development activities with regard
to-
continuing with any unlawful activity during an enquiry,
it may recommend to the Chief Minister for
suspension of such Nazim, Naib Nazim or a
member of a local council, as the case may be, for
a maximum period of thirty days.
(3) Where, on an enquiry, the Local Government
Commission holds a Nazim, Naib- Nazim, or a
member of a council guilty of misconduct, it shall
recommend appropriate action, including his
removal, to the Chief Minister.
(4) The Local Government Commission shall have the
same powers as are vested in a Civil Court under
the Code of Civil Procedure, 1908 (Act V of 1908),
in respect of the following matters, namely:

(i) consultative process of the annual development (a) summoning and enforcing attendance of any
plan; person and examining him on oath;

(ii) formulating procedures for utilization of the (b) compelling production of documents;
Legislators development grant;
(c) receiving evidence on affidavits; and
(iii) assessing implementation of decision of these
meetings; (d) issuing commission for the examination of
witnesses.
(iv) carrying out review of development schemes;
and

(v) facilitation in 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 decision of the Commission shall be binding

on the local government failing which the
Commission may report the matter with specific
recommendations to the Government for an
appropriate action.

(3) The Government may, on the recommendation of

the Commission, suspend a Mayor or a Chairman
for a maximum period of ninety days for fair
conduct of inquiry under subsection (1) or for
preventing the Mayor or Chairman from continuing
with any unlawful activity during the pendency of
the inquiry.

(4) Where, on an inquiry under subsection (1), the

Mayor, Deputy Mayor, Chairman or Vice Chairman
of a local government is found guilty of misconduct
by the Commission, the Commission shall
recommend to the Government any appropriate
action including removal of the Mayor, Deputy
Mayor, Chairman or Vice Chairman and the

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71
 Government may pass appropriate orders including
the removal of the Mayor, Deputy Mayor, Chairman
or Vice Chairman.

(5) The Commission may exercise the powers of a civil

court under the Code of Civil Procedures, 1908 (V
of 1908), in respect of the following matters:-

(a) summoning and enforcing the attendance of

any person and examining him on oath;

(b) compelling the production of documents;

(c) receiving evidence on affidavits; and

(d) issuing commission for the examination of

witnesses.

124. Responsibility of the Commission. 56. Responsibility of the Local Government

Commission
The Punjab Local Government Commission shall be
responsible to the Government. The Local Government Commission shall be
responsible to the Chief Minister.

119. Relations of Government and local

governments.
(1) A local government shall collect such Provincial
tax or taxes within its local area as the Government
may direct and the local government shall, after the
collection of such tax or taxes, deposit the receipts
in the relevant Government account.
(2) The Government may provide guidelines and
render advice to a local government for achieving
the objectives of the policy of the Government and
for promoting economic, social and environmental
security of the Province.
120. Powers of the Government.
(1) The Government may, on the recommendations of
the Punjab Local Government Commission, issue
directions to a local government and the local
government shall be bound by such directions.
(2) Where the situation demands immediate action
and the local government fails to comply with the
directions given to it under subsection (1), the
Government may direct the officer authorized by it
to take such action as the situation may
necessitate.
57. Relations of Government with District
Government.
(1) District government shall carry out its functions in
accordance with provisions of this Act and the
rules made there under.
(2) Government may provide guidelines and render
advice to Nazim, district council for achieving the
ends of Government policy and for promoting
economic, social and environmental security of
the province.
58. Directions by Chief Minister The Chief Minister, may
by himself or through any officer specifically
authorized by him, issue directives in public
interest to a Nazim, district council for
implementation and if he fails to comply with the
directions, the Chief Minister may require the Chief
Secretary to take such action as the situation may
necessitate.
59.Suspension and removal of a Nazim
(1) Where, in the opinion of the Chief Minister, a Nazim
is deliberately avoiding or abstaining wilfully or
failing to comply with directions given under this
Act, the Chief Minister may, for reasons to be

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72 PUNJAB & KHYBER PAKHTUNKHWA
121. Entrustment of functions to local government.
(1) When the Government requires a local
government to perform any specific task beyond
the budgetary provisions of the local government,
the Government shall provide necessary
resources to the local government.
(2) A local government may, with the consent of the
Government, entrust any of its functions to the
Government or to any other local government.
(3) The Government may, with the consent of a local
government, decentralize any of its offices other
than the offices already decentralized to the local
government or entrust any of its functions to the
local government and in that case the Government
shall provide technical and administrative support
and fiscal resources for the performance of such
functions.
125. Punjab Local Government Board.
(1) There shall be constituted a Board to be called the
Punjab Local Government Board consisting of a
Chairman and not less than three and not more
than five members to be appointed by the
Government on such terms and conditions as the
Government may determine.
(2) The Board shall be a body corporate having
perpetual succession and a common seal with
power to acquire, hold and transfer property and
shall, by its name, sue or be sued.
(3) The Secretary to Government, Local Government
and Community Development Department shall
be ex-officio Chairman of the Board.
(4) The Government shall appoint a Secretary of the
Board to deal with day to day administration of the
Board and to perform such other functions as may
be assigned to him by the Board.
(5) A local government shall contribute towards the
expenditure of the Board an amount calculated at
such rate as may, from time to time, be fixed by the
Government and the accounts of the Board shall
be maintained and audited in the prescribed
manner.
(6) The Board shall
(a) make appointments, order transfers, take
disciplinary action and deal with other service
matters in respect of the members of the
recorded and conveyed in writing, suspend him for
a period not exceeding thirty days and refer the
matter to the Local Government Commission for
enquiry.
(2) During the course of enquiry, the Local
Government Commission shall provide an
opportunity of personal hearing to the suspended
Nazim and shall submit its report along with its
recommendations which may include removal of
the Nazim to the Chief Minister for appropriate
action in light of such recommendations.
(3) During the period of suspension of the Nazim, the
Naib Nazim shall act as Nazim and in case no
decision is taken within thirty days from the date of
suspension of the Nazim, he shall stand re-
instated to his office.
60. Setting aside an order of Nazim District Council
(1) Where, in the opinion of the Chief Minister, an order
or decision of the Nazim, district council is not in
conformity with law or is against the interest of the
people, he may, for reasons to be recorded and
conveyed to the concerned Nazim, district council,
suspend such order or, as the case may be,
decision, refer the matter to the Local Government
Commission for enquiry to be completed within
sixty days and may on receipt of the report, quash
the order or decision of the Nazim, district council,
if it is so recommended by the Local Government
Commission:
Provided that, if no action is taken within sixty days
of suspension of the order or decision of the
Nazim, district council, such order or, as the case
may be, decision shall stand restored.
(2) The quashment of an order or decision referred to
in sub-section (1) shall be notified by Government
in official Gazette.
61. Internal controls, inspection and supervision
(1) Nazim, district council may, with the approval of
district council, designate inspecting officers to
objectively examine the performance of a tehsil
municipal administration, village council and
neighborhood council in relation to service
delivery.
(2) Inspection reports prepared on specified format
and containing evaluation of performance in
relation to achievement of targets, responsiveness
to citizens difficulties, efficiency in delivery of
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73
 prescribed local government service cadre;
(b) set up and operate pension fund and such
other funds as may be considered necessary for
the benefit and welfare of the employees of the
Board and the prescribed local government
service cadre; and
(c) perform such other functions as may be
prescribed.
(7) The business of Board shall be conducted in such
manner as may be prescribed.
126. Dissolution of local governments.
(1) Notwithstanding anything to the contrary
contained in section 30, where, before the expiry of
the term of the local governments, the general
elections for National or Provincial Assembly are
announced, the Government may, by notification
in the official Gazette, dissolve the local
governments.
(2) On the dissolution of the local governments under
subsection (1), all powers and functions of the
local governments shall be exercised and
performed by such persons or authorities as the
Government may appoint in this behalf as
Administrators and the funds and properties
belonging to the local governments shall vest in
Government till such time the elected local
governments assume office.
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services and transparency in functioning, shall be
presented to the district council.
(3) If the district council resolves that the situation
requires action against the concerned Nazim, Naib
Nazim or member of the concerned local council, it
may require Nazim, district council to refer the
matter to the Local Government Commission.
(4) In all other cases, the Nazim, district council may
require the respective Nazim to take appropriate
remedial action.
62. Setting aside an order of Nazim, Tehsil Council
(1) On a motion initiated by Nazim, district council, a
district council may, by a resolution stating the
grounds thereof, passed by a simple majority of its
total membership, set aside an order or decision of
general application taken by Nazim, tehsil council
or resolution of the tehsil council, as the case may
be, if it considers the same to be inconsistent with
law or against the interest of the people or public
policy.
(2) The result of the approval of the resolution of
district council shall be notified by district
government
63. Setting aside decisions of Nazim, Village
Council and Resolution of Village Council etc
(1) On a motion initiated by Nazim, tehsil council, a
tehsil council may, by a resolution stating the
grounds thereof, passed by simple majority of its
total membership, set aside an order or decision
taken by Nazim, village council, Nazim,
neighborhood council, or a resolution of village
council or, as the case may be, a resolution of
neighborhood council in the tehsil, if it considers
the same to be inconsistent with law or against the
interest of the people or public policy.
(2) The result of the resolution referred to in sub-
section (1), shall be notified by the tehsil municipal
administration.
64. Suspension of Resolutions and Proceedings
Where in the opinion of Government anything done or
intended to be done as a result of a resolution of a local
council is not in conformity with law, Government for
reasons to be recorded may suspend the execution of
such resolution and prohibit the doing of anything
resolved to be done

132. Offences, punishments and their cognizance.
(1) The offences specified in Fourth and Fifth
Schedules shall be liable to punishment by way of
imprisonment, fine, seizure, forfeiture, confiscation
and impounding and such other penalties as are
provided in this Act.
(2) If a person commits an offence specified in
(a) Part-I of Fourth Schedule, such person shall be
punishable with imprisonment for a term which
may extend to seven years, or with fine which may
extend to five hundred thousand rupees or with
both and where an accused was directed by the
Inspector for immediate discontinuance of the
offence, the Court may impose a further fine which
may extend to fifty thousand rupees for every day
for the period the accused has persisted in the
offence from the date of its commission;
(b) Part-II of Fourth Schedule, such person shall be
punishable with imprisonment for a term which
may extend to three years, or with fine which may
extend to one hundred thousand rupees or with
both and where an accused was directed by the
Inspector for immediate discontinuance of the
offence, the Court may impose a further fine which
may extend to ten thousand rupees for every day
for the period the accused has persisted in the
offence from the date of its commission
(c) Part-III of Fourth Schedule, such person shall
be punishable with imprisonment which may
extend to six months or fine which may extend to
twenty five thousand rupees or with both and
where an accused was directed by the Inspector
for immediate discontinuance of the offence, the
Court may impose a further fine which may extend
to five hundred rupees for every day for the period
65. Conduct of members of the Local Councils (1)
The Code of Conduct Committee in each local council
shall ensure adherence of all members of the local
councils, Nazimeen and Naib Nazimeen to the
prescribed code of ethics for promoting their honest,
responsible and efficient functioning and behavior.
(2) The Code of Conduct Committee shall monitor the
conduct of the elected representatives and report
incidents of inefficiency and corruption to the
concerned local council which may invoke
proceedings of disqualification against such
member.
66.Offences, punishments and their cognizance
(1) The offences specified in Fourth and Fifth
Schedules shall be liable to punishment by way of
imprisonment, fine, seizure, forfeiture,
confiscation, impounding and such other
penalties as are provided in this Act.
(2) Whoever commits any of the offences specified in-
(a) Part-I of the Fourth Schedule shall be
punishable with imprisonment for a term which
may extend to three years, or with fine which may
extend to fifty thousand rupees, or with both and,
where an accused was directed by the
Enforcement Officer for immediate discontinuance
of the offence, the Court may impose a further fine
which may extend to one thousand rupees for
every day for the period the accused has persisted
in the offence from the date of its commission;
(b) Part-II of the Fourth Schedule shall be
punishable with imprisonment which may extend
to six months or fine which may extend to five
thousand rupees, or with both and, where an
accused was directed by the Enforcement Officer
for immediate discontinuance of the offence, the
Court may impose a further fine which may extend
to two hundred rupees for every day for the period
the accused has persisted in the offence from the
date of its commission; and
(c) Fifth Schedule shall in the first instance, be
liable to fine by issuing a ticket specified in the
Sixth Schedule and, where an accused repeats the
offence within a period of two months for which he
was fined, he shall be liable to the same
punishment as provided in clause (b).
(3) The offences specified in clause (a) of sub-section
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75
 the accused persisted in the offence from the date of its
commission; and
(d) Fifth Schedule, such person shall, in the first
instance, be liable to fine by issuing a ticket
specified in Sixth Schedule and where an accused
repeats the offence within a period of three months
for which the accused was subjected to fine, he
shall be liable to the same punishment as provided
in clause .
(3) The offences specified in clauses (a) and (b) of
subsection (2) shall be cognizable and information
in this regard shall be forwarded to the officer in-
charge of a police station by the Inspector after
prior approval of the Chief Officer for registration of
a case against the accused in accordance with the
provisions of section 154 of the Code.
(4) A Court shall take cognizance of the offences
specified in clause (c) of subsection (2) on a
complaint made in writing by the Inspector after
prior approval of the Chief Officer in accordance
with the provisions of section 200 of the Code.
(2) shall be cognizable and information in this regard
shall be reported to the respective police station for
registration of a case against the accused.
(4) A Court shall take cognizance of the offences
specified in clause (b) of sub-section (2) on a
complaint made in writing by Enforcement Officer.
(5) The offences specified in Part II of the Fourth
Schedule and Fifth Schedule shall be tried in a
summary manner in accordance with the
provisions of section 260 to 265 of the Code of
Criminal Procedure,1898 (Act V of 1898), but the
limit of punishment mentioned in sub-section (2) of
section 262 thereof shall not be applicable.
(6) Government may, by notification in the official
Gazette, entrust to a local government the
enforcement responsibility of any other law for the
time being in force.

(5) The offences specified in Part-III of Fourth

Schedule and Fifth Schedule shall be tried in a
summary manner in accordance with the
provisions of section 260 to 265 of the Code but the
limit of punishment mentioned in subsection (2) of
section 262 of the Code shall not be applicable.

(6) The fines imposed by a Court for an offence

specified in Fifth Schedule shall on collection be
deposited in the Public Account of the local
government.

(7) The Government may, by notification in the official

Gazette, entrust to a local government the
enforcement of any other law.

133. Appointment and control of Inspectors.
(1) The Mayor or the Chairman shall, with the approval
of the local government, authorize the officials of
the local government as Inspectors for the
enforcement of the offences specified in the
Schedules.
(2) The prescribed officer shall be the controlling
authority and administrative head of an Inspector
and the Inspector shall report to the officer for the
enforcement of provisions of this Chapter.
67. Appointment and control of Enforcement
Officers
(1) On a motion initiated by its Nazim, the district
council or, as the case may be, the tehsil council
shall designate officers as Enforcement Officers
for the offences specified in Fourth and Fifth
Schedules.
(2) The district government shall notify Controlling
Authority for the Enforcement Officers

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76 PUNJAB & KHYBER PAKHTUNKHWA
134. Imposition of fine through ticketing.
(1) Notwithstanding anything contained in this
Chapter, where any person, in the opinion of an
Inspector, is contravening any provision of the law
relating to the offences specified in Fifth Schedule,
the Inspector shall charge the accused by issuing
a ticket in the prescribed form for payment of fine
specified in Sixth Schedule, if such offence has
been committed for the first time by the accused
within three months.
(2) The ticket referred to in subsection (1) shall be
issued in quadruplicate by delivering three copies
to the accused after obtaining his signatures or
thumb impression on the fourth copy to be
retained by the Inspector for record.
(3) The fine may be deposited in the bank account of
the local government within ten days from the date
of imposition of fine for credit in the Public Account
of the local government.
(4) The person to whom a ticket has been issued
under this section may either contest the
imposition of fine in the Court within ten days from
the date of the issuance of the ticket or deposit the
fine within that period and provide a copy of
payment receipt to the office of the local
government
135. Court proceedings for default in deposit of fine.
(1) The prescribed officer shall, on daily basis, provide
a scroll of all unpaid tickets to the Court.
(2) The Court receiving the scroll shall issue summons
to the accused forthwith stating the date of hearing
for summary trial in accordance with the provisions
of section 260 to 265 of the Code but the limit of
punishment mentioned in subsection (2) of section
262 of the Code shall not be applicable.
(3) Where on the first date of hearing, the accused
appears before the Court and produces the proof
of deposit of fine, or unconditionally admitting his
failure, deposits the fine forthwith along with the
penalty which shall not be less than ten percent
and not more than twenty five percent of the
amount of fine determined by the Court in
accordance with the procedure provided in
subsection (2) of section 388 of the Code further
proceedings against the accused may be dropped
and no conviction shall be recorded against him.
68. Imposition of fine through ticketing
(1) Where any person, in the opinion of an
Enforcement Officer, is contravening any provision
of the law relating to the offences specified in Fifth
Schedule, he shall charge the accused by issuing
a ticket in the form specified in Sixth Schedule for
payment of fine, if such offence has been
committed for the first time in two months.
(2) The ticket shall be issued in quadruplicate by
delivering three copies to the accused after
obtaining his signatures or thumb impression on
the fourth copy to be retained by the Enforcement
Officer for record.
(3) The person to whom a ticket has been issued
under this section may either contest the
imposition of fine in the Court within ten days from
the date of the issuance of the ticket or deposit the
fine within that period and provide a copy of
payment receipt to the Enforcement Officer.
(4) The fine may be deposited in the designated Bank
Account of the local government within ten days
from the date of imposition for credit in the Fund of
the local government:
69. Procedure for default in deposit of fine
(1) The Enforcement Officer shall, on daily basis,
provide a scroll of all unpaid tickets to the
Controlling Authority, who shall forward the same
to the court having jurisdiction in the cases.
(2) The court receiving the scroll shall issue summons
to the accused forthwith stating date of hearing for
trial as enumerated in section 66.
(3) Where on the first date of hearing, the accused
appears before the court and produces proof of
deposit of fine, or unconditionally admitting his
failure, deposits the fine forthwith along with the
penalty which shall not be less than ten percent
and not more than twenty five percent of the
amount of fine as determined by the court in
accordance with the procedure provided in sub-
section (2) of section 388 of the Code of Criminal
Procedure,1898 (Act V of 1898) further
proceedings against the accused may be
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77
(4) Upon the failure of the accused to appear before
the Court in response to the summons issued by it,
the Court shall forthwith issue warrants for arrest of
the accused and upon issuance of such warrants
the accused will be liable to punishment under
clause (c) of subsection (2) of section 132.
137. Municipal Wardens.
(1) A local government, other than a Union Council,
may, with the prior approval of the Government,
establish and maintain Municipal Wardens in the
prescribed manner.
(2) The Government may, notwithstanding anything
contained in the Police Order, 2002, or in any other
law, specify the duties which such force may be
required to perform.
138. General powers of Inspectors.
(1) In case of any serious threat to the public health,
safety or welfare or danger to life and property, or
where violation of any rule or bye-law is being
committed, the Inspector may, in his area of
jurisdiction, in addition to imposition of fine or
initiating prosecution under this Act
(a) suspend any work;
(b) seize the goods;
(c) seal the premises;
(d) demolish or remove the work; or
(e) issue directions for taking corrective measures
within the specified time.
(2) An Inspector shall not enter any dwelling unit
without permission of the occupier or the Court.
(3) An Inspector authorized under section 133 may, in
relation to the offences specified in Fourth
Schedule
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78 PUNJAB & KHYBER PAKHTUNKHWA
dispensed with and no conviction shall be recorded
against him.
(4) Upon failure of the accused to appear before the
court in response to the summons, the court shall
forthwith issue warrants for arrest of the accused
and upon issuance of such warrants the accused
will be liable to punishment under clause (b) of
sub-section (2) of section 66.
(5) The fines imposed by a court for an offence
specified in Fifth Schedule shall on collection be
deposited in the Fund of the respective local
government.
70. Municipal Wardens.
(1) With prior approval of Government, the city district
government and tehsil municipal administration
may establish and maintain municipal wardens;
(2) Government may, not withstanding anything
contained in the Police Order, 2002, or in any other
law, specify the duties which the municipal
wardens may be required to perform.
71. General powers of Enforcement Officers:-
(1) In case of any serious threat to the public health,
safety or welfare or danger to life and property, or
where violation of any rule or bye-law is being
committed, the Enforcement Officer may, in his
area of jurisdiction, in addition to imposition of fine
or initiating prosecution under this Act-
(a) suspend any work;
(b) seize the goods;
(c) seal the premises;
(d) demolish or remove work; or
(e) issue directions for taking corrective measures
within a specified time.
(2) An Enforcement Officer shall not enter any
dwelling unit without permission of the occupier or
search warrant from a court competent
jurisdiction.
(3) An Enforcement Officer may, in relation to the
offences specified in Fourth and Fifth Schedules-
 (a) issue notices in writing on behalf of the local
government;
(b) initiate legal proceedings in the Court; and
(c) assist in defending legal proceedings initiated
against the local government.
136. Compounding of offences.
Subject to this Act, a local government shall constitute a
committee consisting of the Mayor or the Chairman as
its Convener, an officer of the local government and a
member of the local government as its members for
compounding the offences in the prescribed manner.
139. Rights of citizen not affected.
Nothing contained in this Chapter shall restrict or limit
the right of the citizens or residents of a local area to
bring any suit or other legal proceedings against any
local government, its officers or other functionaries
violating his rights provided by any law.
(a) issue notices in writing on behalf of the local
government;
(b) initiate legal proceedings in court; and
(c) assist in defending legal proceedings against
the local government.
72. Registers, reports and enforcement Gazette
(1) District government shall specify registers for
maintaining record of cases and forms for monthly
reports regarding enforcement activities.
(2) The Controlling Authority shall periodically review
enforcement effort, compile reports and publish
quarterly District Enforcement Gazette
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79
18. Franchise. 74.Franchise, Wards and Electoral College

Save as otherwise provided, election of members of all (1) Save as otherwise provided, election of members
local governments shall be held through secret ballot of village council, neighborhood council, tehsil
on the basis of adult franchise in such manner as may council and district council shall be held on the
be prescribed basis of adult franchise and joint electorate.

(2) Wards for the general seats in tehsil council and

district council shall be single member territorial
wards.

(3) Each tehsil or, as the case may be, each district
shall be a single ward for all seats reserved for
women, peasants and workers, youth and non-
muslims allocated to the tehsil or district in the
respective parts of Second Schedule.

(4) Members to fill seats reserved for women,

peasants and workers, youth and non-muslims in
the tehsil council and district council shall be
elected through proportional representation
system of political parties list of candidates on the
basis of the total number of general seats secured
by each political party in the respective local
council.

(5) The Electoral College for the election of Nazim and

Naib-Nazim, District Council shall be members of
the District Council.

(6) The Electoral College for the election of Nazim and

Naib-Nazim Tehsil Council shall be members of the
Tehsil Council.

(7) Elections to District Councils and Tehsil Councils

shall be held on party basis and a political party
shall be eligible to obtain an election symbol for
contesting these elections.

Explanation:

For the purpose of this section:

(a) the expression total number of general seats

secured by each political party shall include
independent returned candidates or candidates
who may duly join such political party within three
days of the publication in the official Gazette of the
names of returned candidates and delivers an
acceptance letter from the Party Leader addressed
to the respective District Returning Officer.

(b) all members of the respective local councils

notified as returned candidates in the elections
held under this Act shall be deemed to be
members of the electoral college.

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80 PUNJAB & KHYBER PAKHTUNKHWA

20. Executive authority to assist the Election
Commission.
It shall be the duty of all executive authorities in the
Province to assist the Election Commission in the
discharge of its functions.
21. Electoral rolls.
(1) A person shall be entitled to be enrolled as a voter if
he
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age; and
(c) fulfils such other conditions as the Election
Commission may specify.
(2) The electoral rolls for the local government
elections shall be prepared or adapted or
adopted by the Election Commission in such
c) the term Political Party shall have the same
meaning as assigned to it in the Political Parties
Order, 2002 (Chief Executives Order No. 18 of
2002) and the provisions of the said Order shall
mutatis mutandis apply to political parties
contesting election to district and tehsil councils.
(d) the term election symbol shall have the same
meaning and connotation as assigned to it in the
Allotment of Symbols Order, 2002.
75. Authority for Local Council Elections
(1) Election to the local councils shall be held by the
Election Commission of Pakistan, hereinafter
referred to as Election Commission.
(2) The Election Commission may require any person
or authority to perform such functions or, render
such assistance for the purpose of elections,
including preparation of electoral rolls and
disposal of election petitions and other disputes
under this Act as deemed fit.
(3) The Election Commission may authorize any of its
officers to exercise any of its powers and to
perform any of its functions under this Act.
(4) It shall be the duty of all executive authorities in the
province to assist the Election Commission in the
discharge of its functions
76. Other powers and functions of the Election
Commission.
The Election Commission shall also exercise such
other powers and perform such other functions as may
be prescribed.
77. Preparation of Electoral Rolls
(1) A person shall be entitled to be enrolled as a voter if
he-
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age; and
(c) fulfils such other conditions as the Election
Commission may specify.
(2) The electoral rolls for the local council elections
shall be prepared or adopted by the Election
Commission in the manner it may deem
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81
manner as it may deem appropriate and the electoral
rolls shall not be invalid by reason of any
erroneous description in the electoral rolls of any
person listed or of an omission of the name of any
person entitled to be enrolled or of inclusion of the
name of any person not so entitled.
(3) Every person whose name is entered in the
electoral roll shall be entitled to cast a vote at the
direct elections of the local government.
27. Qualifications and disqualifications for
candidates and elected members.
(1) A person shall qualify to be elected as a member or
to hold an elected office of a local government, if
he
(a) is a citizen of Pakistan;
(b) except the youth member, is not less than
twenty five years of age on the last day fixed for
filing the nomination papers; or
(c) is enrolled as a voter in the electoral rolls of the
ward or the local government from which he is
contesting the election.]
(2) A person shall be disqualified from being elected
or chosen as, and from being, an elected member
of a local government, if he
(a) ceases to be citizen of Pakistan or acquires
citizenship of a foreign State;
(b) is declared by a competent court to be of
unsound mind;
(c) is an undischarged insolvent;
(d) is in the service of Pakistan or of a local
government;
(e) is in the service of any statutory body or a body
which is owned or controlled by the Government or
a Provincial Government or the Federal
Government or a local government or, in which any
of such Government or local government has a
controlling share or interest, except the holders of
elected public office and part-time officials
remunerated either by salary or fee; provided that
in case of a person who has resigned or retired
from any such service, a period of not less than two
years has elapsed since his resignation or
retirement;
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82 PUNJAB & KHYBER PAKHTUNKHWA
appropriate and the electoral rolls shall not be invalid
by reason of any erroneous description therein of
any person listed or of an omission of the name of
any person entitled to be enrolled or of inclusion of
the name of any person not so entitled.
(3) Every person whose name is entered in the
electoral roll for a local council, and no person
whose name is not so entered, shall be entitled to
cast a vote at an election to the local council.
78. Qualifications for candidates and elected
members
(1) A person shall qualify to be elected or to hold an
elective office or membership of a local council, if
he-
(a) is a citizen of Pakistan;
(b) is at least twenty one years of age;
(c) is enrolled a s a voter in the electoral rolls of the
relevant ward or a council;
(d) is of good character and is not commonly
known as one who violates Islamic injunctions; has
adequate knowledge of Islamic teachings and
practices, obligatory duties prescribed by Islam as
well as abstains from major sins; provided that
these qualifications shall not apply to a person who
is a non-muslim, but such a person shall have a
good reputation;
(e) has not been declared by a competent court to
be of unsound mind;
(f) is not in the service of the federal, a provincial or
a local government or, any statutory body or a
body which is controlled by any such government
or, in which any of such governments has a
controlling share or interest, except the holders of
elected public office and part-time officials
remunerated either by salary or fee; provided that
in case of a person who has resigned or retired
from such service, a period of not less than six
months has elapsed since his retirement;
(i) has not been dismissed, removed or
compulsorily retired from public service on the
grounds of moral turpitude, unless a period of five
years has elapsed since his dismissal, removal or
compulsory retirement;
(ii) does not possess assets which are inconsistent
 (f) is under an existing contract for work to be done
or goods to be supplied to a local government or
has otherwise any direct pecuniary interest in its
affairs;
(g) has been dismissed from public service on the
grounds of misconduct unless a period of five
years has elapsed since his dismissal;
(h) has been removed or compulsorily retired from
public service on the grounds of misconduct
unless a period of three years has elapsed since
his removal or compulsory retirement;
(i) has been convicted by a court of competent
jurisdiction for a term not less than two years for an
offence involving moral turpitude or misuse of
power or authority under any law unless a period of
five years has elapsed since his release; and
(j) has been convicted for an offence involving
activities prejudicial to the ideology, interest,
security, unity, solidarity, peace and integrity of
Pakistan unless a period of five years has elapsed
since his release
(3) If a person
(a) is found by the Election Commission to have
contravened any provisions of subsections (1) or
(2), he shall stand disqualified from being a
candidate for election to any office of a local
government for a period of four years; or
(b) has been elected as a member of a local
government and is found by the Election
Commission to have contravened any provision of
subsections (1) or (2), he shall cease forthwith to
be an elected member or to hold the office of such
member and shall stand disqualified from being a
candidate for election to a local government for a
period of four years.
(4) A candidate who claims to be a Muslim shall
submit to the Returning Officer the declaration
given in Ninth Schedule along with the nomination
papers.
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;
(iii) 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;
(iv) has not been convicted by a court of
competent jurisdiction on a charge of corrupt
practice involving moral turpitude or misuse of
power or authority under any law for the time being
in force, unless a period of five years has elapsed
since his released;
(v) 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;
(vi) has not failed to file the required return of
election expenses or is not convicted for
exceeding the limits of election expenses
prescribed under the electoral laws and rules;
(i) has not been declared an un-discharged
insolvent by any court;
(ii) does not engage in any transaction involving
pecuniary interest with the local government of
which he is a member;
(iii) 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;
(iv) does not fail to attend a mandatory training
course as required under this Act;
(v) 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
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30. Term of office.
(1) Subject to the this Act, the term of office of a local
government shall be five years commencing on
the date on which it holds its first meeting.
(2) The first meeting of a local government shall be
held not later than thirty days from the day on
which the names of its members are notified.
(3) When an elected local government is, for any
reason, not in office, the Government may appoint
an administrator to perform the functions of the
local government until the elected local
government assumes office but such period shall
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84 PUNJAB & KHYBER PAKHTUNKHWA
(vi) has not used, directly or indirectly, for his
election the platform, flag, symbol, affiliation and
financial or material resources or support of an
ethnic or sectarian or proscribed party, formation
or organization.
(2) Whoever-
(a) is found by the Election Commission to have
contravened the provisions of sub-section (1) shall
stand disqualified from being a candidate for
election to any office of the local governments for a
period of three years; or
(b) having been elected as a member of a local
council or a holder of an elective office of the local
government is found by the Election Commission
to have contravened the provisions of sub-section
(1) shall cease forthwith to be an elected member
or to hold the office of such member and stand
disqualified from being a candidate for election to
a local council for a period of three years.
(3) If any question arises whether a member of a local
council has become disqualified from being a
member, the Nazim, unless he decides that no
such question has arisen, shall refer the question
to the Election Commission within fifteen days and
should he fail to do so within the aforesaid period it
shall be deemed to have been referred to the
Election Commission.
(4) The Election Commission shall decide the
question within ninety days from its receipt or
deemed to have been received and if it is of the
opinion that the member has become disqualified,
he shall cease to be a member and his seat shall
become vacant.
79. Term of office.
First meeting, election of Nazim or Naib- Nazim and
conduct of business in Local Council.
(1) The term of office of a local council shall be four
years commencing on the date on which it holds its
first meeting:
Provided that the first meeting shall be held not later
than fifteen days from the day on which the names
of its members are notified.
(2) Save as otherwise provided, a local council shall in
its first meeting and to the exclusion of any other
business elect from its members a Nazim and Naib
not exceed six months.
(4) Save as otherwise provided, a local government,
other than a Union Council, shall, in its first meeting
and to the exclusion of any other business, elect
the Mayor and Deputy Mayor or Deputy Mayors,
Chairman and Vice Chairman in the prescribed
manner.
31. Oath of office.
(1) A member shall, before taking his seat in a local
government other than an Authority, make and
subscribe to an oath in such form as may be
prescribed.
(2) The Mayor, Deputy Mayor, Chairman and Vice
Chairman, other than the Chairman of an Authority
shall assume office by making and subscribing to
an oath in such form as may be prescribed.
(3) A Mayor, Deputy Mayor, Chairman, Vice Chairman
Nazim by open division.
(3) Government shall notify the assumption of offices
by Nazimeen, Naib-Nazimeen and members of the
local councils.
(4) Every local council shall meet at least once in every
month and regulate its business in accordance
with bye-laws made by it:
Provided that district council shall be in session for at
least forty five accumulated days in a year.
(5) Save as otherwise provided, all meetings of the
local council shall be convened by the respective
Nazim and shall be presided over by the Naib
Nazim.
(6) Save as otherwise provided, decisions of the local
council shall be taken by resolutions passed by a
simple majority of the members present and voting
and a copy of each resolution shall be transmitted
to the Government.
(7) Quorum for the meetings of local council shall be
thirty three percent of its total membership.
(8) Meetings of the local council shall be open to
public, unless the local council, by a resolution,
decides to hold any meeting in camera.
(9) Minutes of the meetings of the local council shall
be recorded and maintained by Secretary of the
local council:
Provided that Assistant Director, Local
Government and Rural Development in the district
shall act as Secretary of the district council and
shall be responsible for coordinating matters
relating to secretarial functions of village and
neighborhood councils in the district.
80. Oath of office and declaration of assets
(1) A member, a Nazim and Naib-Nazim shall, before
taking his seat, make and subscribe to an oath in
such form as may be specified.
(2) Every Nazim, Naib-Nazim and member shall, after
taking oath of office, declare his assets in the
manner prescribed
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85
and a member shall, after taking oath of office, declare
his assets in the prescribed manner.

32. Casual vacancy. 81. Casual vacancy

(1) If the office of a Mayor, Deputy Mayor, Chairman or
Vice Chairman other than the office of Chairman or
Vice Chairman of an Authority, or a member
indirectly elected on a reserved seat, for any
reason, falls vacant during the term of office of a
local government, the new Mayor, Deputy Mayor,
Chairman, Vice Chairman or member shall be
elected in the prescribed manner within thirty days
from the date when such vacancy is notified and he
shall, subject to this Act, hold office for the
remaining term of the local government.
(1) If the office of a member or a Nazim and Naib-
Nazim for any reason, falls vacant during the term
of office of a local council, a new member or a
Nazim and Naib-Nazim, as the case may be, shall
be elected in the prescribed manner within ninety
days from the date such vacancy is notified and he
shall hold office for the residue of such term.
(2) If the vacancy in the office of member occurs within
four months of the expiry of the term of a local
council, the vacancy shall not be filled.

(2) If the office of Chairman of a Union Council, for any

reason, falls vacant during the term of office of the
Union Council, the Vice Chairman of the Union
Council shall become Chairman of the Union
Council.

(3) If the office of Vice Chairman of a Union Council, for

any reason, falls vacant during the term of office of
the Union Council, the members of the Union
Council shall, from amongst themselves, elect the
Vice Chairman of the Union Council

(4) If a member of a Union Council is elected as Vice

Chairman of the Union Council, under subsection
(3) or the office of the directly elected member of
the Union Council, for any reason, falls vacant
during the term of office of the Union Council, the
new member shall be elected in the prescribed
manner within one year from the date such
vacancy is notified and he shall, subject to this Act,
hold office for the remaining term of the Union
Council.

(5) If the office of a directly elected member of a

Municipal Committee, for any reason, falls vacant
during the term of office of the Municipal
Committee, the new member shall be elected in
the prescribed manner within one year from the
date such vacancy is notified and he shall, subject
to this Act, hold office for the remaining term of the
Municipal Committee.

(6) If the vacancy in the office of a directly elected

member of a Union Council or a Municipal
Committee occurs within one year of the expiry of
the term of the Union Council or, as the case may
be, the Municipal Committee, the vacancy shall

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86 PUNJAB & KHYBER PAKHTUNKHWA
not be filled.
(7) If the office of a Chairman or a Vice Chairman of an
Authority for any reasons, falls vacant during the
term of office of the Authority, the Government shall
appoint a new Chairman or the Vice Chairman of
the Authority within thirty days from the date of
such vacancy and the new Chairman or Vice
Chairman shall, subject to this Act, hold office for
the remaining term of the Authority
34. Resignation.
(1) A Mayor, Deputy Mayor, Chairman, Vice Chairman
or a member may resign his office by tendering
resignation in writing under his hand to the local
government of which he is the Mayor, Deputy
Mayor, Chairman, Vice Chairman or a member.
(2) The resignation tendered under subsection (1)
shall be deemed to have been accepted and
effective forthwith and the local government shall
forward copies of the resignation to the Election
Commission and the Government
33. Removal.
(1) Where proceedings of disqualification under
section 27 have been initiated against a member,
the Election Commission or any authority
authorised by it may issue a notice to the member
to show cause within a specified period as to why
proceedings against him may not be taken for his
removal for breach of any of the provisions of
section 27.
(2) Where the Election Commission or an authority
authorised by it is not satisfied with the reply to the
notice referred to in subsection (1) or any reply to
the said notice is not filed within the period fixed by
it, it may order for an enquiry in the matter and for
that purpose appoint an enquiry officer.
(3) On the basis of enquiry held under subsection (2),
the Election Commission or an authority
authorised by it may order the removal of the
member.
82. Resignation
(1) A member of a local council may resign his office
by tendering resignation in writing to the Nazim of
a local council of which he is a member.
(2) A Nazim village council or neighborhood council,
may resign his office by tendering resignation in
writing to the Nazim of respective tehsil council.
(3) A Nazim, tehsil council or, as the case may be,
district council, may resign his office by tendering
resignation in writing addressed to the Chief
Minister.
(4) The resignations so tendered shall deem to be
accepted and effective forthwith.
(5) Copies of all resignations shall be forwarded to the
Election Commission.
83. Removals
(1) Where proceedings of disqualification have been
initiated on an application made by any person or
by the Election Commission on its own motion
against a member, Nazim, or Naib-Nazim, the
Election Commission or any authority authorized
by it may issue a notice to him to show cause,
within a specified period as to why proceedings
against him may not be taken for his removal.
(2) Where the Election Commission or an authority
authorized by it is not satisfied with the reply to the
notice or any reply to the said notice is not filed
within the specified period, it may order for an
enquiry in the matter and for that purpose appoint
an enquiry officer.
(3) On the basis of enquiry, the Election Commission
or an authority authorized by it may order the
removal of a member, Nazim, or, as the case may
be, Naib- Nazim:
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87
33. Removal.
(1) Where proceedings of disqualification under
section 27 have been initiated against a member,
the Election Commission or any authority
authorised by it may issue a notice to the member
Provided that before an order of removal is passed,
member, Nazim, or, as the case may be, Naib-
Nazim against whom enquiry proceedings are
carried out shall be afforded a reasonable
opportunity of being heard, including personal
hearing if so requested.

35. Vote of no-confidence. 84. Vote of no-confidence

(1) Subject to this section, a Mayor, Deputy Mayor,
Chairman or Vice Chairman of a local government,
other than that of an Authority and of a Union
Council, shall cease to hold office if a vote of no-
confidence is passed against him in the prescribed
manner by two-third majority of the total number of
members of the local government.
A Nazim and Naib-Nazim, shall cease to hold office if a
vote of no-confidence is passed against him in the
prescribed manner by two third majority of the total
number of members of the local council electing him
ascertained through open division:
Provided that

(2) A motion of no-confidence shall not be moved
before the expiry of one year of his assumption of
office as the Mayor, Deputy Mayor, Chairman or
Vice Chairman.
(3) Where a motion of no-confidence against the
Mayor, Deputy Mayor, Chairman or Vice Chairman
has been moved and fails for want of the requisite
majority of votes in a meeting, no similar motion
shall be moved against him before the expiry of
one year from the date when such motion was
moved.
(a) a motion of no-confidence shall not be moved
before the expiry of six months of his assumption
of office as Nazim and Naib- Nazim; and
(b) where a motion of no-confidence against a Nazim
and Naib- Nazim has been moved and has failed to
secure the requisite majority of votes in its favour at
the meeting, no similar motion shall be moved
against him before the expiry of six months from
the date such motion was moved.

28. Bar against dual membership. 85. Bar against dual membership

(1) A Mayor, a Deputy Mayor, a Chairman or a Vice A Nazim, Naib- Nazim or member of a local council may
Chairman may contest election for any other contest election for any political office after resigning
political office after resigning from the office of the from his respective existing office before filing of his
Mayor, Deputy Mayor, Chairman or Vice Chairman. nomination papers.

(2) A member of a local government, other than the

Chairman of a Union Council, may contest election
for any other political office without resigning from
the membership of the local government but any
such member shall not simultaneously hold more
than one office.

(3) If a member of a local government is elected to any

other political office, on the notification of election
of that political office, his seat as member of the
local government shall become vacant.

(4) If a Chairman of a Union Council is elected as the

Mayor or a Deputy Mayor, or as the Chairman or a
Vice Chairman of the District Council, he shall
cease to be the Chairman of the Union Council and
the seat of the Chairman of the Union Council shall

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88 PUNJAB & KHYBER PAKHTUNKHWA
stand vacated.

(5) Nothing in this section shall apply to bar a member

of a local government to contest the election of
Mayor, Deputy Mayor, Chairman or Vice Chairman
of a local government or a member of an Authority.

37. Notification of election, resignation and 86.Notification of election, resignation and removal
removal. of Nazim, Naib- Nazim, members, etc

(1) Every election or removal of an elected member Every election, resignation or removal of a Nazim, Naib-
shall be notified by the Election Commission. Nazim, or a member, or the vacation of office by them
shall be notified by the Election Commission.
(2) The Government shall notify

(a) vacation of office owing to resignation or death

of a member; and

(b) election, appointment or vacation of office,

owing to any cause, of the Mayor, Deputy Mayor,
Chairman or Vice Chairman.

38. Election petition. 87. Election Petition and Election Tribunal

(1) Subject to this Act, an election to an office of a local (1) No election under this Act shall be called in
government shall not be called in question except question, except by an election petition made by a
by an election petition. candidate for the election.

(2) A candidate may, in the prescribed manner, file an
election petition before the Election Tribunal
challenging an election under this Act.
39. Election Tribunal.
(1) The Election Commission shall, by notification,
appoint an Election Tribunal for such local area as
may be specified in the notification.
(2) The Election Commission may transfer an election
petition from one Election Tribunal to another
Election Tribunal.
(3) Subject to the rules, the Election Commission may,
by notification, issue instructions for presentation,
hearing and trial of an election petition.
(2) For the hearing of an election petition the Election
Commission shall, by notification, appoint an
officer to be an Election Tribunal for such areas as
may be specified in the notification.
(3) Subject to the provisions of this Act, every election
petition shall be made and tried in such manner as
may be specified by the Election Commission.
(4) The Election Tribunal shall have all the powers of a
Civil Court trying a suit under the Code of Civil
Procedure, 1908 (V of 1908) and shall be deemed
to be a Court within the meaning of sections 480
and 482 of the Code of Criminal Procedure, 1898
(V of 1898

(4) The Election Tribunal shall decide an election

petition within one hundred and twenty days from
the date of filing of the election petition.

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89
47. Corrupt practice.
A person guilty of bribery, personating or undue
influence shall be punishable with imprisonment for a
term which may extend to three years or with fine which
may extend to one hundred thousand rupees or with
both.
48. Bribery.
A person is guilty of bribery if he, directly or indirectly,
by himself or by any other person on his behalf
(a) receives, agrees or contracts for any gratification
for voting or refrains from voting or refrains from
being a candidate at or withdrawing or retiring
from, an election;
(b) gives, offers or promises any gratification to any
person for purposes of
(i) inducing a person to be or to refrain from being a
candidate at an election; or
(ii) inducing a voter to vote or refrain from voting at any
election; or
(iii) inducing a candidate to withdraw or retire from an
election; or
(iv) rewarding a person for having been or for having
refrained from being a candidate at an election; or
(v) rewarding a voter for having voted or refrained
from voting at an election; or
(vi) rewarding a candidate for having withdrawn or
retried from an election.
Explanation.
In this section, gratification includes a gratification in
money or estimable in money and all forms of
entertainment or employment for reward.
49. Personating.
A person is guilty of personating, if he votes or applies
for a ballot paper for voting as some other person
whether that other person is living, dead or fictitious
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90 PUNJAB & KHYBER PAKHTUNKHWA
88. Corrupt practice
A person guilty of bribery, personating, or undue
influence shall be punishable for an offence of corrupt
practice with imprisonment for a term which may
extend to three years, or with fine which may extend to
one hundred thousand rupees, or with both
89. Bribery
A person is guilty of bribery, if he, directly or indirectly,
by himself or by any other person on his behalf-
(a) receives, agrees or contracts for any gratification
for voting or refraining from voting or for being or
refraining from being a candidate at, or
withdrawing or retiring from, an election;
(b) gives, offers or promises any gratification to any
person for the purpose of-
(i) inducing a person to be or to refrain from being a
candidate at an election; or
(ii) inducing a voter to vote or refrain from voting at any
election; or
(iii) inducing a candidate to withdraw or retire from an
election; or
(iv) rewarding a person for having been or for having
refrained from being a candidate at an election; or
(v) rewarding a voter for having voted or refrained
from voting at an election; or
(vi) rewarding a candidate for having withdrawn or
retired from an election.
Explanation.
In this section, gratification includes a gratification in
money or estimable in money and all forms of
entertainment or employment for reward.
90.Personating
A person is guilty of personating, if he votes or applies
for a ballot paper for voting as some other person
whether that other person is living or dead or fictitious
50. Undue influence.
A person is guilty of undue influence, if he
(a) in order to compel any person to vote, refrain from
voting, or to induce or compel any person to
withdraw his candidature at an election, directly or
indirectly, by himself or by any other person on his
behalf:
(i) makes or threatens to make use of any force,
violence or restraint;
(ii) inflicts or threatens to inflict any injury, damage,
harm or loss; or
(iii) uses any official influence or Governmental
patronage; or
(b) on account of any person having voted or refrained
from voting, or having withdrawn his candidature,
does any of the acts specified in clause (a); or
(c) by abduction, duress or any fraudulent device or
contrivance
(i) impedes or prevents the free exercise of the
franchise by a voter; or
(ii) compels, induces or prevails upon any voter to
refrain from voting or compels any voter to vote.
Explanation.
In this section, harm includes social ostracism or
excommunication or expulsion from any caste or
community.
51. 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;
91. Undue influence
A person is guilty of undue influence, if he-
(a) in order to compel any person to vote, refrain from
voting, or to induce or compel any person to
withdraw his candidature at an election, directly or
indirectly, by himself or by any other person on his
behalf-
(i) makes or threatens to make use of any force,
violence or restraint;
(ii) inflicts or threatens to inflict any injury, damage,
harm or loss; or
(iii) uses any official influence or governmental
patronage; or
(b) on account of any person having voted or refrained
from voting, or having withdrawn his candidature,
does any of the acts specified in clause (a); or
(c) by abduction, duress or any fraudulent device or
contrivance-
(i) impedes or prevents the free exercise of the
franchise by a voter; or
(ii) compels, induces or prevails upon any voter to
refrain from voting or compels any voter to vote.
Explanation.
In this section, harm includes social ostracism or ex-
communication or expulsion from any caste or
community.
92. Illegal practice
A person is guilty of illegal practice punishable with fine
which may extend to ten thousand rupees, if he-
(a) obtains or procures, or attempts to obtain or
procure, the assistance of any officer or official of
the federal government, Government or a local
government or authority to further or hinder the
election of a candidate;
(b) votes or applies for a ballot paper for voting at an
election knowing that he is not qualified for voting
or is disqualified from voting;
(c) votes or applies for a ballot paper for voting more
than once at any polling station;(d)removes a
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91
(d) removes a ballot paper or a ballot box from a
polling station or destroys, damages or tampers
with the ballot-box used at a polling station;
(e) knowingly induces or procures any person to do
any of the aforesaid acts;
(f) fails to provide statement of election expenses as
required under this Act;
(g) makes or publishes a false statement
(i) concerning the personal character of a candidate
or his relation calculated to adversely affect the
election of such candidate or, for purposes of
promoting or procuring the election of another
candidate, unless he proves that he had
reasonable ground for believing, and did believe,
the statement to be true;
(ii) relating to the symbol of a candidate whether or
not such symbol has been allocated to such
candidate; or
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a
candidate, lets, lends, employs, hires, borrows or
uses any vehicle or vessel for purposes of
conveying voters to or from the polling station,
except when a person conveys himself or any
member of the household to which he belongs, to
or from the polling station; or
(I) causes or attempts to cause any person present
and waiting to vote at the polling station to depart
without voting.
52. 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
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92 PUNJAB & KHYBER PAKHTUNKHWA
ballot paper or a ballot box from a polling station or
destroys, damages or tampers with the ballot-box
used at a polling station;
(e) knowingly induces or procures any person to do
any of the aforesaid acts; or
(f) fails to provide statement of election expenses as
required under this Act;
(g) makes or publishes a false statement-
(I) concerning the personal character of a candidate
or his relation calculated to adversely affect the
election of such candidate or, for the purpose of
promoting or procuring the election of another
candidate, unless he proves that he had
reasonable ground for believing, and did believe,
the statement to be true;
(ii) relating to the symbol of a candidate whether or
not such symbol has been allocated to such
candidate; or
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a
candidate, lets, lends, employs, hires, borrows or
uses any vehicle or vessel for the purpose of
conveying voters to or from the polling station,
except when a person conveys himself or any
member of the household to which he belongs, to
or from the polling station; and
(I) causes or attempts to cause any person present
and waiting to vote at the polling station to depart
without voting.
93. Prohibition of canvassing
A person is guilty of an offence punishable with fine
which may extend to ten thousand rupees, if he, on the
polling day in connection with the election-
(a) convenes, calls or organizes within a ward any
meeting; or
(b) within a radius of two hundred meters of the polling
station-
(i) canvasses for votes;
(ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the election or
for a particular candidate; or
(iv) exhibits, except with the permission of the
returning officer and at a place reserved for the
candidate or his polling agent beyond the radius of
one hundred meters of 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.
53. 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.
54. Tampering with papers.
A person is guilty of an offence punishable with
imprisonment for a term which may extend to six
months or with fine which may extend to twenty
thousand rupees or with both, if he
(a) fraudulently defaces or destroys any nomination
paper or ballot paper;
(b) fraudulently takes out of the polling station any
ballot paper or puts into any ballot box any ballot
paper other than the ballot paper he is authorized
under the rules to put in;
(c) without due authority
for a particular candidate; or 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
94.Disorderly conduct near polling station
A person is guilty of an offence punishable with
imprisonment for a term which may extend to three
months, or with fine which may extend to ten
thousand rupees, or with both, if he-
(a) uses, in such manner as to be audible within the
polling station any gramophone, megaphone,
loudspeaker or other apparatus for reproducing or
amplifying sounds; or
(b) persistently shouts in such manner as to be
audible within the polling station; or
(c) does any act which-
(i) disturbs or causes annoyance to any voter visiting
a polling station for the purpose of voting; or
(ii) interferes with the performance of the duty of a
presiding officer, polling officer or any other person
performing any duty at a polling station; or
(d) abets the doing of any of the aforesaid acts
95. Tampering with papers
A person is guilty of an offence punishable with
imprisonment for a term which may extend to six
months, or with fine which may extend to ten
thousand rupees, or with both, if he:
(a) fraudulently defaces or destroys any nomination
paper or ballot paper;
(b) fraudulently takes out of the polling station any
ballot paper or puts into any ballot box any ballot
paper other than the ballot paper he is authorized
under the rules to put in;
(c) without due authority-
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93
(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.
55. Interference with the secrecy of voting.
A person is guilty of an offence punishable with
imprisonment which may extend to six months or
with fine which may extend to twenty thousand
rupees or with both, if he
(a) interferes or attempts to interfere with a voter when
he records his vote;
(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
communicates at any time any information
obtained in a polling station about the candidate
for whom a voter in that station is about to vote or
has voted.
56. Failure to maintain secrecy.
Any candidate or polling agent attending a polling
station, or any person attending the counting of votes,
is guilty of an offence punishable with imprisonment
which may extend to six months or with fine which may
extend to twenty thousand rupees or with both, if he
(a) fails to maintain or aid in maintaining the secrecy of
voting; or
(b) communicates any information obtained at the
counting of votes as to the candidate for whom any
vote is given by any particular ballot paper.
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(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with
any ballot box or packet or ballot papers in use for
the purpose of election; or
(iii) breaks any seal affixed in accordance with the
provisions of the rules; or
(iv) causes any delay or interruption in the beginning,
conduct or completion of the procedure required
to be immediately carried out on the close of the
poll; or
(v) fraudulently or without due authority attempts to
do any of the aforesaid acts.
96. Interference with secrecy of voting
A person is guilty of an offence punishable with
imprisonment which may extend to six months, or
with fine which may extend to ten thousand
rupees, or with both, if he:
(a) interferes or attempts to interfere with a voter when
he records his vote;
(b) in any manner obtains or attempts to obtain, in a
polling station, information as to the candidate for
whom a voter in that station is about to vote or has
voted; or
communicates at any time any information
obtained in a polling station as to the candidate for
whom a voter in that station is about to vote or has
voted.
97.Failure to maintain secrecy
Any candidate or polling agent attending a polling
station, or any person attending the counting of votes,
is guilty of an offence punishable with imprisonment
which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both, if he-
(a) fails to maintain or aid in maintaining the secrecy of
voting; or
(b) communicates any information obtained at the
counting of votes as to the candidate for whom any
vote is given by any particular ballot paper
57. Conduct of officials.
A presiding officer, polling officer or any other officer or
official performing duty in connection with an election,
or any member of a police force, is guilty of an offence
punishable with imprisonment for a term which may
extend to six months or with fine which may extend to
twenty thousand rupees or with both, if he, during the
conduct or management of an election or maintenance
of order at the polling station
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder
the election of a candidate;
(e) fails to maintain or aid in maintaining the secrecy of
voting;
(f) communicates, except for any purpose authorised
by any law, to any person before the poll is closed
any information as to the name or number on the
electoral roll of any voter who has or has not
applied for a ballot paper, or has or has not voted at
a polling station; or
(g) communicates any information obtained at the
counting of votes as to the candidate for whom any
vote is given by any particular ballot paper.
58. Breach of official duty in connection with
election.
A Returning Officer, Assistant Returning Officer,
Presiding Officer, Assistant Presiding Officer, or any
other person employed by any such officer in
connection with his official duties imposed by or under
this Act is guilty of an offence punishable with
imprisonment for a term which may extend to two years
or with fine which may extend to fifty thousand rupees
or with both, if he, willfully and without reasonable
cause, commits breach of any such official duty, by act
or omission.
98. Conduct of officials
A presiding officer, polling officer or any other officer or
official performing a duty in connection with an
election, or any member of a police force, is guilty of
an offence punishable with imprisonment for a term
which may extend to six months, or with fine which may
extend to twenty thousand rupees, or with both, if he,
during the conduct or management of an election or
maintenance of order at the polling station:
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder
the election of a candidate;
(e) fails to maintain or aid in maintaining the secrecy of
voting;
(f) communicates, except for any purpose authorised
by any law, to any person before the poll is closed
any information as to the name or number on the
electoral roll of any voter who has or has not
applied for a ballot paper, or has or has not voted at
a polling station; and
(g) communicates any information obtained at the
counting of votes as to the candidate for whom any
vote is given by any particular ballot paper.
99.Breach of official duty in connection with
election
A presiding officer, assistant presiding officer, or any
other person employed by any such officer in
connection with his official duties imposed by or under
this Act is guilty of an offence punishable with
imprisonment for a term which may extend to two
years, or with fine which may extend to fifty thousand
rupees, or with both, if he, willfully and without
reasonable cause, commits breach of any such official
duty, by act or omission.
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95
59. Assistance by Government servants.
A person in the service of the Government, a Provincial
Government, the Federal Government or a local
government or a body owned or controlled by such a
Government or a local government is guilty of an
offence punishable with imprisonment for a term which
may extend to six months or with fine which may extend
to twenty thousand rupees, or with both if he, in any
manner, gives any assistance to further or hinder the
election of a candidate.
60. Summary trial.
All offences under this Chapter except the offence
under section 47 shall be tried summarily under the
provisions of the Code.
61. Cognizance.
A Court shall not take cognizance of an offence under
section 58 or section 59 except on a complaint in writing
of the Election Commission or the Returning Officer.
63. Prosecution of offences under this Chapter.
(1) Subject to section 61, a Court shall not take
cognizance of an offence under this Chapter
except on a complaint in writing made by order or
under authority of the Election Commission.
(2) An offence punishable under this Chapter shall be
triable by a Magistrate of first class.
62. Offence to be cognizable.
An offence punishable under section 47 shall be a
cognizable offence.
46. Appeal against the orders of Election Tribunal.
(1) Any person aggrieved by a final order of an
Election Tribunal may, within thirty days of the
communication of such order, prefer an appeal to
the Lahore High Court.
(2) The Lahore High Court shall decide an appeal
preferred under subsection (1) within three
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96 PUNJAB & KHYBER PAKHTUNKHWA
100. Assistance by Government servants.
A person in the service of Government, the federal
government, a local government, or a body owned or
controlled by the Government, federal government or a
local government is guilty of an offence punishable with
imprisonment for a term which may extend to six
months, or with fine which may extend to twenty
thousand rupees, or with both if he, in any manner,
gives any assistance calculated to further or hinder the
election of a candidate.
101. Summary trial
All offences under this Chapter except the offence of
corrupt practice shall be tried summarily under the
provisions of the Code of Criminal Procedure 1898 (Act
V of 1898).
102. Cognizance
No court shall take cognizance of the offences relating
to conduct of officials and breach of official duty except
on the complaint in writing of the Returning Officer
concerned
103. Prosecution of offences under this Chapter
Save as otherwise provided no court shall take
cognizance of an offence under this chapter except
upon a complaint in writing made by order or, or under
authority from, the Election Commission
months

45. Decision in case of equality of votes.

Where after the conclusion of the trial, it appears that

there is an equality of votes between two or more
contesting candidates and the addition of one vote for
one such candidate would entitle him to be declared
elected, the Election Tribunal shall draw a lot in respect
of such candidates and the candidate on whom the lot
falls shall be deemed to have received the highest
number of votes entitling him to be declared elected.

44. Ground for declaring elections as a whole void.

The Election Tribunal shall declare the election as a

whole to be void if it is satisfied that the result of the
election has been materially affected by reasons of

(a) the failure of any person to comply with the

provisions of this Act or the rules; or

(b) the prevalence of extensive corrupt or illegal

practice at the election.

43. Ground for declaring a person other than a

returned candidate elected.

The Election Tribunal shall declare the election of the

returned candidate to be void and the petitioner or any
other contesting candidate to have been duly elected, if
it is so claimed by the petitioner or any of the
respondents and the Election Tribunal is satisfied that
the petitioner or such contesting candidate was entitled
to be declared elected.

42. Ground for declaring election of returned

candidate void.

(1) The Election Tribunal shall declare the election of

the returned candidate to be void if it is satisfied
that

(a) the nomination of the returned candidate was

invalid; or

(b) the returned candidate was not, on the

nomination day, qualified for or was disqualified
from, being elected as a member; or

(c) the election of the returned candidate has been

procured or induced by any corrupt or illegal
practice; or

(d) corrupt or illegal practice has been committed

by the returned candidate or his election agent or

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97
by any other person with the connivance of the
candidate or his election agent.

(2) The election of a returned candidate shall not be

declared void if the Election Tribunal is satisfied
that any corrupt or illegal practice was committed
without the consent or connivance of that
candidate or his election agent and that the
candidate and the election agent took all
reasonable precaution to prevent its commission

41. Decision of the Election Tribunal.

(1) The Election Tribunal may, on the conclusion of

trial of an election petition, make an order

(a) dismissing the petition;

(b) declaring the election of the returned candidate

to be void;

(c) declaring the election of the returned candidate

to be void and the petitioner or any other
contesting candidate to have been duly elected; or

(d) declaring the election as a whole to be void.

(2) The decision of the Election Tribunal shall take

effect from the date on which it is made and shall
be communicated to the Election Commission.

40. Powers of Election Tribunal.

The Election Tribunal may exercise powers of a civil

court trying a suit under the Code of Civil Procedure,
1908 (V of 1908) and shall be deemed to be a Court
within the meaning of sections 480 and 482 of the
Code.

36. Bar against re-election or re-appointment.

When a Mayor, Deputy Mayor, Chairman or Vice

Chairman, of a local government, other than the
Chairman or Vice Chairman of an Authority, is removed
from office on the ground of misconduct, he shall not,
during the unexpired period of the term of that local
government be eligible for re-election or re-
appointment to any office during the remaining term of
the local government.

29. Conduct of elections.

The election to a local government shall be conducted

in the prescribed manner.

19. Election Commission to conduct elections.

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98 PUNJAB & KHYBER PAKHTUNKHWA
(1) The Election Commission shall conduct the local
government elections and for the purpose, shall by
notification in the official gazette, declare the
election schedule for the election under this Act.

(2) The Election Commission may, by order in the

Official Gazette, make provisions for the conduct
of local government elections if no provisions or no
sufficient provisions have been made under this
Act or the rules.

22. Appointment of District Returning Officer etc.

(1) the Election Commission shall appoint from

amongst the officers of the Election Commission
,the Government, a body or entity controlled by the
Government, District Returning Officers, Returning
officers and Assistant Returning Officers for
purposes of election under this Act.

(2) An Assistant Returning officer shall assist the

Returning Officer in the performance of his
functions under this act and may ,subject to such
conditions as may be imposed by the
Commission, exercise the powers and perform the
functions of the Returning Officer, under the
control of the District Returning Officer.

(3) The District Returning Officer Shall do all such acts

as may be necessary for effectively conducting an
election in accordance with the provisions of this
Act and the rules

(4) It shall be the duty of a Returning Officer to do all

such acts as may be necessary for effectively
conducting an election in accordance with the
provisions of this Act and the rules.

23. Polling stations.

(1) The Returning Officer shall, before such time as the

Election Commission may fix, submit to the District
Returning Officer a list of polling stations he
proposes to provide for a union council or a ward
for purposes of election.

(2) Subject to the direction of Election Commission,

the District Returning officer may make such
alterations in the list of polling stations submitted
under subsection (1) as he deems necessary and
shall within fifteen days before the polling day,
publish in the official Gazette the final list of the
polling stations specifying the electoral area, the
voters who are entitled to vote at each polling
station.

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99
 (3) The Returning Officer shall, for a union council and
ward, establish a polling station or polling stations
according to the final list published under
subsection (2)

(4) A polling station shall not be located in any

premises belonging to or are under the control of
any candidate.

24. Presiding Officers and Polling Officers.

(1) A Returning Officer shall appoint for each polling

station a Presiding Officer and such number of
Assistant Presiding Officers and Polling Officers
from amongst the officers of the Government, local
governments and corporations established or
controlled by such governments to assist the
Presiding Officer as the Returning Officer may
consider necessary.

(2) A person who is, or has at any time been in the

employment of any candidate shall not be
appointed as a Presiding Officer, Assistant
Presiding Officer or Polling Officer.

(3) A list of such Presiding Officers, Assistant

Presiding Officers and Polling Officers shall be
submitted to the District Returning Officer within
fifteen days before the polling day for its approval
and no change in the personnel shall be made
except with the approval of the Election
Commission.

(4) A Presiding Officer shall conduct the poll in

accordance with the provisions of this Act and the
rules, and shall be responsible for maintaining
order at the polling station and shall report to the
Returning Officer any fact or incident which may, in
his opinion, affect the fairness of the poll.

(5) The Returning Officer may, during the course of

poll, entrust such of his functions as may be
specified by him to any Assistant Presiding Officer
and it shall be the duty of such Assistant Presiding
Officer to perform the functions so entrusted.

(6) The Returning Officer shall authorize one of the

Assistant Presiding Officers to act in place of the
Presiding Officer if the Presiding Officer is, at any
time, during the poll, by reason of illness or any
other cause, not present at the polling station, or is
unable to perform his functions, and any absence
of the presiding Officer and the reasons for the
absence shall, as soon as possible after the close
of poll, be reported to the Returning Officer.

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100 PUNJAB & KHYBER PAKHTUNKHWA
(6) The Returning Officer may, at any time during the
poll, for reasons to be recorded in writing, suspend
any Presiding Officer, Assistant Presiding Officer or
Polling Officer and make such arrangements as he
may consider necessary for the performance of the
functions of the Officer so suspended.

25. Supply of electoral rolls.

(1) The Election Commission shall provide the

electoral rolls of the constituency to the Returning
Officer.

(2) The Returning Officer shall provide to the Presiding

Officer the electoral rolls containing the names of
the voters entitled to vote at a polling station.

26. Other powers and functions of the Election

Commission.

In addition to the powers and functions of the Election

Commission under this Act, the Election Commission
shall, in relation to local government elections, exercise
such other powers and perform such other functions as
may be prescribed

151. Interim authorities. 104. Administrative Transition

(1) On coming into force of this Act, any office,
authority or a local government established under
the Punjab Local Government Ordinance, 2001
(XIII of 2001) shall continue providing services
without any interruption until a local government is
established under this Act for the local area.
(1) On coming into force of this Act, any office,
authority or municipal body set up or controlled by
Government shall continue providing services
without any interruption during the devolution
process or its entrustment to any local government
under this Act.

(2) All functionaries of a local government established
under the Punjab Local Government ordinance,
2001 (XIII of 2001) shall continue to perform their
respective duties and responsibilities with the
successor local government under this Act, until
transferred to any other local government.
(3) The Government shall appropriately re-organize
the authorities, agencies and bodies of the local
governments established under the Punjab Local
Government Ordinance, 2001 (XIII of 2001) and
decentralize such authorities, agencies and
bodies to the local governments established under
this Act.
(2) All functionaries of district councils, municipal
corporation, municipal committees and union
councils set up under the Khyber Pakhtunkhwa
Local Government Act, 2012 (Khyber
Pakhtunkhwa Act No. VIII of 2012), shall continue
to perform their respective duties and
responsibilities with the successor local
government under this Act, until transferred to any
other local government

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101

153. Financial transition.
(1) All taxes, cesses, fees, rates, rents, tolls or charges
which were being charged, levied and collected by
any office of a local government under the Punjab
Local Government Ordinance, 2001 (XIII of 2001)
shall continue to be charged, levied and collected
under this Act by the successor local government
and every person liable to pay such a tax, cess, fee,
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102 PUNJAB & KHYBER PAKHTUNKHWA
105. Employees salaries not to be reduced on
transfer, etc
(1) On allocation, re-allocation or transfer of the
employees of the Government, municipal
corporation, district councils, municipal
committees and union councils or any other
authority, agency or body to any local government
established under this Act, the salaries,
emoluments and pensions of such employees
shall not be reduced on such allocation, re-
allocation or transfer.
(2) The Government shall ensure the payment of
salaries, emoluments and pensions of the
employees referred to in sub-section (1), including
the employees of the Local Council Service and
the Servants of Local Councils set up under the
Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa Act No. VIII of 2012) till such
time as Government may deem appropriate.
106. Bar on recruitments
(1) During the transition period specified in this Act
and till the adjustment for optimal utilization of all
employees of the Government, Local Council
Service and Servants of Local Councils, no fresh
recruitment shall be made to fill any vacancy in
local governments set up under this Act, except
with the express sanction of government;
(2) Government shall make available the services of
the employees placed in its surplus pool for
utilization in the offices devolved to local
governments.
(3) Local governments shall utilize the services of the
employees of the local councils set up under the
Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa Act No. VIII of 2012) for
meeting the shortfall in the offices of local
governments.
107. Financial transition
(1) All taxes and rents which were being charged,
levied and collected by any office of Government,
development authority, agency or any local
council, shall continue to be charged, levied and
collected under this Act by the successor local
governments and every person liable to pay such
taxes and rents and accumulated arrears and
levied, resolution passed, direction given, proceedings
taken or instrument executed or issued, under or in
pursuance of the Punjab Local Government
Ordinance, 2001 (XIII of 2001) and any such thing,
action, investigation, proceedings, order, rule,
regulation, bye-laws, appointment, conveyance,
mortgage, deed, document, agreement, tax, fee,
resolution, direction, proceedings or instrument
shall, if in force at the commencement of this Act,
continue to be in force, and have effect as if it were
respectively done, taken, commenced, made,
directed, passed, given, executed or issued under
this Act.

(3) The Local Government Board established under

the Punjab Local Government Ordinance, 1979 (VI
of 1979) for the administration of officers and
officials of the local council service and
Tehsil/Town Municipal Administration cadre shall
continue to function till the Board is re-constituted
under this Act

155. Removal of difficulty.

The Government may, within two years of the

commencement of this Act, by order consistent with
this Act, provide for the removal of any difficulty which
may arise in giving effect to the provisions of this Act.

152. Interim maintenance of institutions.

Where on the enforcement of this Act in any area, any

service undertaken or institution maintained by the
Government is required under any of the provisions of
this Act to be compulsorily undertaken or maintained
by a local government, such service or institution shall,
notwithstanding anything contained in this Act,
continue to be undertaken or maintained by the
Government until the management thereof is
transferred to the local government

156. Amendment of Schedules.

The Government may, by notification in the official

Gazette, amend the fines specified in the Fifth Schedule
or exclude any offence from the Fourth Schedule or
Fifth Schedule.

140. Right to information. 109. Complaint Cell.

(1) Subject to any reasonable restrictions imposed
through rules, a person may seek any information
in possession of a local government.
(2) Every designated functionary of a local
Every district government, tehsil municipal
administration, village council and neighborhood
council shall set up a complaint cell for redressal of
grievances within the ambit of their responsibilities
under this Act.

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103
 rate, rent, toll, charge or any arrear of the tax, cess, fee,
rate, rent, toll or charge shall continue to make the
payment until such tax, cess, fee, rate, rent, toll or
charge is revised, withdrawn or varied under this
Act.
(2) Where any local government established under
the Punjab Local Government Ordinance, 2001
(XIII of 2001) was receiving any grant or any
compensation in lieu of Octroi or Zila tax, the
successor local government under this Act shall
continue to receive such grant or compensation.
receivables shall continue to make payment thereof
until revised, withdrawn or varied under this Act.
(2) Where any local council established under the
Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa Act No. VIII of 2012), was
receiving any grant or any compensation in lieu of
octroi, toll tax, export tax, or any other tax, the
successor local government under this Act shall
continue to receive such grant or compensation.
108.Transitional timeframe

(3) Where a local government assumes the office All actions required for giving effect to the provisions of
under this Act for the first time this Act and transition to the local government system
set up there under shall be completed within one year
(a) the Government shall transfer grants to the of the commencement of this Act.
local government on the basis of an interim Punjab
Finance Commission Award announced by an
interim committee constituted by the Government;
and

(b) its budget for the financial year during which it

assumes the office shall relate to the remaining
period of that year and provisions regarding
budget under this Act shall, as far as possible,
apply to such a budget.

(4) On allocation, re-allocation or transfer of the

employees of the Government, local council
service, Tehsil/Town Municipal Administration
cadre, City District Government, District
G o v e r n m e n t , Te h s i l / To w n M u n i c i p a l
Administration and Union Administration or any
other body of any local government established
under the Punjab Local Government Ordinance,
2001 (XIII of 2001), the salaries, emoluments and
pensions of such employees shall not be reduced
on such allocation, re-allocation or transfer.

(5) The Government shall ensure payment of salaries

and other emoluments of the employees referred
to in subsection (4) till such time as the
Government may deem appropriate.

154. Repeal and saving.

(1) The Punjab Local Government Ordinance, 2001

(XIII of 2001) is hereby repealed.

(2) Save as otherwise specifically provided in this Act,

nothing in this Act shall affect or be deemed to
affect anything done, action taken, investigation or
proceedings commenced, order, rule, regulation,
bye- laws appointment, conveyance, mortgage,
deed, document or agreement made, tax or fee

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104 PUNJAB & KHYBER PAKHTUNKHWA
Departments devolved under the Punjab Local
Government Ordinance, 2001 (XIII of 2001).

(3) A local government other than a Union Council

may, in the prescribed manner, absorb an
employee mentioned in subsection (2) with the
consent of the employee against an equivalent pay
scale.

143.Appeals.

A person aggrieved by any order passed by a local

government or its functionaries may prefer an appeal to
such authority, in such manner and within such time as
may be prescribed and an order passed in appeal shall
be final.

144. Power to make rules.

(1) The Government may, subject to previous

publication and by notification in the official
Gazette, make rules for carrying out the purposes
of this Act.

(2) In particular and without prejudice to the generality

of the foregoing powers, such rules may provide
for all or any of the matters specified in Part-I of
Seventh Schedule.

(3) The rules made under subsection (1) shall meet

the following considerations:-

(a) consistency with democratic decentralisation;

(b) enhancement of welfare of the people;

(c) fairness and clarity; and

(d) natural justice and due process of law.

(4) Notwithstanding anything contained in subsection

(1) the Government may, in an emergency and for

reasons to be recorded, dispense with the
requirement of previous publication required
under subsection(1).

145. Bye-laws.

(1) A local government may, and if required by the

Government shall, make bye-laws not inconsistent
with this Act and the rules to give effect to the
provisions of this Act.

(2) The bye-laws made by a local government shall

come into force from the date the bye-laws are

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105
 government shall, within fifteen days of an application,
provide requisite information to the applicant on
payment of such fee as may be prescribed.
(3) A local government shall, on quarterly basis,
publish on its website or at prominent place
information about the staffing and the
performance of the offices of the local government
during the preceding three months.
110. Training.
The Nazimeen, Naib-Nazimeen, members of the local
councils and functionaries in local governments shall
attend training courses for such periods and in such
manner and at such places as may be prescribed by
Government.

(4) A local government shall maintain records in the

prescribed manner with the special emphasis on
electronic record keeping.

141. Municipal entities.

(1) A local government other than a Union Council,

with the approval of the Government, may
establish an authority, agency or company
answerable to the local government for the
performance of municipal functions.

(2) A local government, other than a Union Council

may, with the approval of the Government and in
coordination with any other local government,
establish an authority, agency or a company for an
area covering more than one local government.

(3) An entity established under this section shall be

subject to such control as may be prescribed.

142. Local government servants.

(1) Notwithstanding anything contained in any other

law, the Government shall, in the prescribed
manner, create a service cadre for a local
government or a group of local governments.

(2) The members of the following services shall

continue to work in the local governments

(a) members of local council service appointed

under the Punjab Local Council (Appointment and
Conditions of Service) Rules, 1983;

(b) servants of the local governments appointed

under the Punjab Local Council Servants (Service)
Rules, 1997; and

(c) employees appointed under the Punjab Local

Government District Service (Tehsil/Town
Municipal Administrations Cadre) Rules, 2005;
and

(d) employees of the Health and Education

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106 PUNJAB & KHYBER PAKHTUNKHWA
published in the official Gazette or on the website
specified by the Government.

(3) In particular and without prejudice to the generality

of the foregoing power, the bye-laws may provide
for all or any of the matters specified in Part-II of
Seventh Schedule.

146. Delegation of powers.

(1) The Government may, subject to such conditions

as may be specified, delegate any of its functions
under this Act to an officer subordinate to it except
the power to make rules, to suspend or remove a
Mayor or Chairman or to dissolve the local
governments.

(2) Subject to the rules, a local government may

delegate any of its powers, including financial
powers under this Act or rules or bye-laws to the
Mayor, Chairman, Deputy Mayor or Vice Chairman
or any of its members or officers as it may deem fit,
except the powers to make bye-laws and to pass
annual or revised budget.
149. Members and servants of local governments to
be public servants.
111. Appeals.
Any person aggrieved by any order passed by a local
government or its functionaries, in pursuance of this Act
or the rules or bye-laws made there under, may appeal
to such authority, in such manner and within such
period as may be specified.
112. Rules.

Every member and every servant of a local
government, and every other person duly empowered
to act on behalf of a local government, shall be deemed
to be a public servant within the meaning of section 21
of the Pakistan Penal Code, 1860 (XLV of 1860).
147. Action taken in good faith.
No suit, prosecution, or other legal proceedings shall
lie against any public servant serving in a local
government for anything done in good faith under this
Act.
148. General powers of local governments.
Notwithstanding any specific provision of this Act, a
local government shall perform its functions conferred
by or under this Act and exercise such powers and
follow such procedures as are enumerated in Eighth
Schedule
(1) Government may, by notification in the official
Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular and without prejudice to the generality
of the fore-going power, such rules may provide for
all or any of the matters specified in Part I of
Seventh Schedule.
(3) The rules made under sub-section (1) shall be
subject to previous publication in the official
Gazette and shall meet the following
considerations:-
(a) consistency with the provisions of this Act,
democratic decentralization and subsidiarity;
(b) enhancement of welfare of the people;
(c) fairness and clarity; and

(d) natural justice and due process of law.

113.Bye-laws.

(1) A district council, tehsil council, village council and

neighborhood council may, in their ambit of
responsibilities, make bye -laws to carry out the
purposes of this Act.

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107
 (2) In particular and without prejudice to the generality
of the foregoing power, such bye-laws may provide for
all or any of the matters specified in Part-II of the
Seventh Schedule:

Provided that the Government may make model

bye-laws on any, some or all of relevant subjects
for the sake of uniformity

114. Members and servants to be public servants.

All Nazimeen, Naib- Nazimeen, members of the local

councils, functionaries of the local governments and
every other person duly authorized to act on behalf of
the local governments shall be public servants within
the meanings of section 21 of the Pakistan Penal Code
(Act XIV of 1860) and shall be subject to the provisions
of sections 161 to 169 of the said Code.

116. Action taken in good faith.

No suit, prosecution, or other legal proceedings shall

lie against any public servant serving in local
governments for anything done in good faith under this
Act.

Explanation:

The word good faith shall have the same meaning as

given to it in section 52 of the Pakistan Penal Code.

117. General powers of local governments, etc.

(1) Every local government shall perform its functions

conferred by or under this Act.

(2) Government shall specify general powers and

standard procedures to guide local governments
in performance of their functions.

118. Local Council Board.

(1) Until otherwise decided by the Government, the

Local Council Board established, under the
Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa Act No. VIII of 2012), for the
administration of the Local Council Service and
Servants of Local Councils shall continue to
function.

(2) Government shall, within one year after

commencement of this Act, provide for service
structure of the Local Council Service and the
Servants of Local Councils including specification
of posts to be filled through Khyber Pakhtunkhwa
Public Service Commission.

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108 PUNJAB & KHYBER PAKHTUNKHWA
119. Act to override other laws on the subject.

The provisions of this Act shall have overriding effect,

notwithstanding anything contained in any other law,
on the subject, for the time being in force.

120. Repeal and saving.

(1) Soon after the commencement of this Act, the

Khyber Pakhtunkhwa Local Government Act, 2012
(Khyber Pakhtunkhwa Act No. VIII of 2012) shall
stand repealed and all local councils created
under the said law shall stand dissolved.

(2) Save as otherwise specifically provided, nothing in

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

121. Succession.

(1) On commencement of this Act, the following local

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

(a) in the case of municipal corporation, municipal

committee university town and district council in
Peshawar district by the city district government,
Peshawar;

(b) in the case of district councils in districts other

than Peshawar, by the respective district
governments;

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109

150. Bar against employment.
The Mayor, Chairman, Deputy Mayor, Vice Chairman or
a member of a local government shall not be employed
under such local government for a period of one year
from the date on which he ceases to be the Mayor,
Chairman, Deputy Mayor, Vice Chairman or member.
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110 PUNJAB & KHYBER PAKHTUNKHWA
(
(c) in the case of municipal committees for urban
areas in districts other than Peshawar by the
respective tehsil municipal administration;
(d) in case of union councils in rural areas of the
province by village councils to the extent of
functions assigned to them within their area of
responsibility; and
(e) in case of union councils in areas with urban
characteristics by the neighborhood councils to
the extent of functions assigned to them within
their area of responsibility.
(2) The Local Government Elections and Rural
Development Department, Government of Khyber
Pakhtunkhwa shall retain and continue to exercise
administrative control over Local Area
Development Authorities in the province.
(3) Government or an officer designated by
Government shall, within one hundred and eighty
days of the commencement of this Act, divide
rights, assets and liabilities of the local councils
including adjustment of the staff amongst local
governments and the decision of Government or of
the designated officer shall be final.
122. Certain matters to be prescribed.
Where this Act makes any provision for anything to be
done but no provision or no sufficient provision has
been made as respects the authority by whom, or the
manner in which it shall be done, then it shall be done
by such authority and in such manner as may be
specified.
123. Removal of difficulty.
Government may, by order, provide for the removal of
any difficulty which may arise in giving effect to the
provisions of this Act.
Annex 2
AN ANALYSIS OF LOCAL GOVERNMENT STATUTES OF
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111
Devolution Trust for Community Empowerment
House # 10, Street # 04, G-6/3, Islamabad, Pakistan.
Phone: 111-333-823,Fax: 0092-51-8312322
www.dtce.org.pk