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PLGA 2022

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0% found this document useful (0 votes)
31 views

PLGA 2022

Uploaded by

Hamza Ihtesham
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 170

The Punjab Local Government ACT 2022

Government of the Punjab

(16th November 2022)

Compendium

https://compendium.lgpunjab.org.pk
Mahmood Masood Tamanna
Government of the Punjab

2
Preamble

An Act to reconstitute local


Government of the Punjab

governments in the Punjab and


consolidate laws relating to powers
and functions of the local
governments.
Repeal and Savings (204)

The Punjab Local Government Act, 2022, (24th June 2022) was
repealed on (16th November 2022), and following were saved;
Government of the Punjab

• the previous operation of the laws, or any other previously


repealed local government law, or anything duly done or
made thereunder;
• the local areas of the local governments demarcated and
notified under the Punjab Local Government Act, 2019, shall
remain intact for the purpose of the Act unless altered or
reviewed;
• any right, privilege, obligation or liability acquired, accrued or
incurred under the repealed local government law(s);

4
Repeal and Savings (204)

• any penalty, forfeiture or punishment incurred in


respect of any offence committed under the repealed
local government law(s); and
Government of the Punjab

• any investigation, legal proceedings or remedy in


respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment as aforesaid, and any
such investigation, legal proceedings or remedy may be
instituted, continued or enforced and any such penalty,
forfeiture and punishment may be imposed as if any
other previously repealed local government law has not
been repealed.

5
Repeal and Savings (204)

• Notwithstanding its repeal, anything done or any action taken


under any other previously repealed local government law,
including:
• every proceeding, appointment, notification, notice,
license, rule, regulation, bye-law, resolution or direction
Government of the Punjab

issued, made or saved;


• every tax, rent, fee, rate, toll or other charge or sums of
money assessed, imposed, collected or due to a local
government;
• every scheme drawn up, contracted or executed; and
• every instrument or contract executed,
•which so far as is in force at the commencement of the Act and
not inconsistent with the provisions of the Act, shall be deemed to
have been done or taken under the Act unless previously altered,
modified, cancelled, suspended, surrendered, withdrawn or
superseded, as the case may be, under the Act. 6
continuation of public services (205)

•All offices, agencies and authorities of the


defunct local governments established
Government of the Punjab

under the Punjab Local Government Act,


2013 shall continue providing public services
in their respective local areas without any
interruption till such time new local
governments are established under this Act.

7
Government of the Punjab

8
Government of the Punjab

9
Succession (3)

such property of a defunct local government which, in


view of the Secretary, is required by it for the due
discharge of any function under the Act;
Government of the Punjab

such officers and servants of a defunct local


government who, in the view of the Secretary, are
required by it for the discharge of any function under
the Act; and

such rights, fund, claim or liability or portion thereof


which, in the view of the Secretary, was respectively
raised, made or accrued by a defunct local
government.
10
Applicability (1)

Extend to whole of the Punjab except;


 The area notified as cantonments or such other area
under the active possession and direct control of the
Government of the Punjab

Armed Forces of Pakistan, that may be notified by the


Government
 The area exempted by the Government from any
or all of the provisions of the Act.

11
Salient features

 Term of 4 years(65)

 Urban / Rural Split


Government of the Punjab

 Two tier lg system


 SLG with the approval of
Minister may establish one or
more municipal unit (13)(2)

12
Mode of Election

 Direct
 Party/Electoral Groups based
Government of the Punjab

through secret ballot on the


basis of adult franchise
(47)

 One ballot paper for one lg


 Through Electronic Voting
Machine (EVM) and I-voting, in
the prescribed manner. (47)

13
Mode of Election

 40% on the basis of panel (Head,


Deputy Head and councilors on
Government of the Punjab

reserved seats)
 60% on the basis of closed list
proportional representation
(general councilors)

14
Seats in Metropolitan Corporations and District
Councils
(first schedule)

Total Reserved Seats (40%)


Total

Reserved
General

minorities

peasants

Disabled
workers/

Total
Total
Population Size as Councilor

women

Trader/
farmer
Youth
Sr.

(18-32)
per latest census s
(60%)
Government of the Punjab

1 More than Ten Million 6 23 15 8 4 4 60 90 150


More than Five
2 5 18 12 6 4 3 48 72 120
Million upto Ten
More than Four
3 Million upto Five 4 14 9 5 2 2 36 54 90
Million
More than Three
4 Million upto Four 4 12 8 4 2 2 32 48 80
Million
More than Two
5 Million upto Three 3 10 7 4 2 2 28 42 70
Million 15
More than One
Leader of Opposition & Speaker

The The Speaker of Metropolitan Corporation and


Speaker District Council, shall be elected by the Councilors
of MC & from amongst themselves, through simple majority
DC 47 (12) of votes, in the first meeting of the Council.
Government of the Punjab

The Councilors representing majority of opposition


Oppositio in the House shall soon after assumption of their
n Leader office, through written intimation to the Speaker,
(48)
nominate the opposition leader in the House to
represent them.
The The Vice-Chairperson of a Union Council shall act as
Speaker the Speaker of the Council.
of Union
Council 13(4)
16
In case the Office of Speaker/ Head/Dy Head
or Councilor fall Vacant.

Speaker of The Election Commission shall hold a fresh


lg other election to the office of the Speaker of the
than UC (69) Council.
Government of the Punjab

The Deputy Mayor nominated by the Political


Head (70) Party or the Electoral Group to which the Head
belonged, shall stand elected as Head.
Deputy The councilor nominated by the Political Party or
Mayor, Vice the Electoral Group to which the Deputy Mayor
Chairman belonged, shall stand elected as Deputy Mayor.
District provided that in case of District Councilor, the
Council nominated Councilor shall be the voter of the
(70) respective Tehsil from which the Deputy Mayor
belonged.
17
In case the Office of Speaker or Head/Dy
Head fall Vacant.

Chairman Union The Vice Chairman shall stand elected as Chairman.


Council

The councilor nominated by the political party or


Government of the Punjab

Vice Chairman electoral group to which the Vice Chairman belonged,


Union Council shall stand elected as Vice Chairman.
The candidate immediately below the last elected
General Councilor candidate in the ranking order in the list of the political
party or electoral group to which the General Councilor
belonged, shall stand elected.
Councilor on The additional candidate from the list of the political
reserved seat party or electoral group to which the Councilor on
reserved seat belonged, shall stand elected to that
office.
If at any time, the list is exhausted, the concerned Political Party or
18
Electoral Group may submit additional names for any vacancy, which may
Defection from a Political Party or
Electoral Group (62)

•The Head of a Political Party or an Electoral Group


may, declare a Head of the local government,
Deputy Mayor, Vice Chairperson, Speaker or a
Government of the Punjab

Councilor to have defected:


•If he/she;
• joins another Political Party or an Electoral Group;
• votes or abstains from voting in the Council contrary to
any direction of the Political Party or, Electoral Group in
relation to the election of the Speaker, or a vote for
removal of the Head of the local government, Deputy
Mayor, Vice Chairperson, or a Speaker.

19
Defection from a Political Party or
Electoral Group (62)

Forthwith forward a copy of the


declaration to the Election
Commission.
Government of the Punjab

Procedure of
dis-memberment Declaration is confirmed by the
Election Commission after notice and
inquiry.

The Head of the lg, Deputy Mayor,


Vice Chairperson, Speaker or
Councilor shall cease to hold office.
20
Power of the Chief Minister to appoint an administrator (71)

• On expiry of the term of a Council, or


otherwise pending the constitution of a new
Government of the Punjab

local government or a Council, the Chief


Minister shall, by an order published in the
official Gazette, appoint any of its officers to
perform such functions and exercise such
powers and authority of the respective local
government as may be specified in that
21
Removal of Difficulties (5)

• The Chief Minister may, by order not


Government of the Punjab

inconsistent with the object of the Act,


provide for the removal of any
difficulty which may arise in giving
effect to the provisions of the Act.

22
Administrative Organogram of lg except UC
Government of the Punjab

23
Head’s Cabinet of a lg, except UC (14)

Composition of Head’s Cabinet (second schedule)

Female members
Sr. Range of Population Elected Technocrat Total (Either
Government of the Punjab

No. members members member Technocrat or


Elected)
1 10,000,001 and above 8 4 12 2
2 1,000,001 to 10,000,000 6 3 9 1
3 Upto to 1,000,000 4 2 6 1
4 Upto to 500,000 2 1 3 1

Technocrat member shall hold a degree requiring sixteen years of education and
professional experience of five years
To be appointed by the head to aid and advise in exercise of his functions
24
Composition of local governments (13)

Head and Deputy Head(s) of Local Governments


Local Government Head Deputy Head
Metropolitan Lord Mayor 2 x Deputy Mayor
Government of the Punjab

Corporation Lahore
Metropolitan City Mayor 2 x Deputy Mayors
Corporations
(except Lahore)
District Mayor 1 x Deputy Mayor
District Council from each Tehsil
Union Council 1 x Chairperson 1 x Vice Chairperson
25
Council of District Council & Metropolitan
Corporation

Speaker
Government of the Punjab

Council
Officer

Members Officials

26
Conduct of business of The House

Quorum:- One half of the existing membership of


the House. (39)(4)
Government of the Punjab

Bye-Laws for the Within three months of the assumption of


conduct of office
.(40)

meetings:-
Meeting:- At least one during a month.(40)

Minutes of The Chief Officer after the approval of


Meeting:- Presiding officer shall issue under his
signatures. (40)

27
Removal of a Head of the lg, Deputy Mayor, Vice
Chairperson and Speaker

Removal:- Through a resolution passed by two-


third majority of the Councilors for the
time being holding office;
Government of the Punjab

(133)

Limitations:- No resolution shall be proposed or


approved unless a period of twelve
months has elapsed after the
assumption of office or where a period
of twelve months is remaining in
completion of the term of the Council.
(134)

28
Local governments to work within the
Provincial framework(15)

• Every local government shall function


within the framework of the Province
Government of the Punjab

and adhere to all applicable federal


and provincial laws.
• No local government shall do anything
or act in a manner that impedes or is
otherwise prejudicial to the exercise
of executive authority of the
Government.
29
Urban local government
Government of the Punjab

11 x Metropolitan Corporations (7)

Cities of 10 x Divisional HQs


(Bahawalpur, Dera Ghazi Khan, Faisalabad, Gujranwala, Lahore, Multan,
Rawalpindi, Sahiwal, Sargodha and Gujrat) & Sialkot
Rural local government
Government of the Punjab

40 x District Councils
Remaining Area of 10 x Metropolitan Districts (other than Lahore)
30 x whole Districts Including Five New Districts: Wazirabad, Murree, Talagang,
Kot Addu and Taunsa
Union Council
(Chairman, Vice Chairman, 5 x Councilors on reserved seats as Panel)
(peasant/worker, minorities, 2 x women, youth)
5 x General Councilors on proportional representation
Vice Chairman shall act as Speaker
Government of the Punjab

12 x
Members

Rural UCs (Average population of 25,000) Urban UCs


WAY TO ELECTION

Demarcatio
Delimitation Elections
n
(10)
(8)
Government of the Punjab

GOVERNMENT ECP (42)

As far as may be, each local The Election Commission the Elections Act shall, as
area shall be compact, shall delimit and notify the nearly as possible, apply
contiguous and constitute Union Councils; to an election under the
a territorial unity; (by Act.
Deputy Commissioner)
Government of the Punjab

Functions

34
5 Ways to perform functions.
Government of the Punjab

35
Functions of Metropolitan Corporation & District
Council

A joint authority; (31) Agency arrangement (30)

A lg discharge 2 3
Government of the Punjab

its functions
through, an
officer or
servant of the
lg:(28)
May transfer its
function or
responsibilities to by contracting out. (28)

Union council by
1
mutual agreement: (29) 5
4

No lg shall contract out any public service which constitutes or involves the exercise of power to
award administrative or other penalties, interferes with or otherwise affects the liberty of an
individual.
Involves the power to enter, search or seize any property, or a power or duty to enforce any law. 36
Metropolitan Corporation & District Council shall (21)

Sr. Functions
1 Exercise control over Land use as per the approved Master Plan
2 Subject to any other special law relating to preparation and approval
Government of the Punjab

of Regional, Master and land use plan for the time being in force;
approve spatial plans, zoning, land use plans, including classification
and reclassification of land, as per the approved Master plan
3 Enforce building control
4 Undertake urban design & urban renewal programmes

5 Prepare, approve, execute & manage development plans


6 Regulate development & management of site development and
housing schemes
7 Manage properties, assets & funds vested in the local government
37
Metropolitan Corporation & District Council shall

Sr. Functions
8 Lease and rent out properties
Government of the Punjab

9 Undertake landscape, monuments & municipal ornamentation


10 Prepare & approve budget & revised budget
11 Approve and collect, taxes & fees etc.
12 Regulate affixing of sign boards & advertisement except in PHA area
13 Naming & renaming of roads, street & public places vested in lg

14 Develop integrated water supply & SWM system

38
Metropolitan Corporation & District Council shall

Sr. Functions
15 Provide, develop, manage, operate, maintain & improve the municipal
infrastructure & services including, roads & streets, traffic planning,
street lighting, parking places, transport stations, terminals, play
Government of the Punjab

grounds and graveyards


16 Regulate & organize sports, cultural & recreational fairs and shows
17 Establish & manage municipal libraries
18 Ensure environmental protection

19 Encourage tree afforestation & plantation


20 Regulate private markets

21 Regulate, establish & maintain cattle & slaughter 39houses


Metropolitan Corporation & District Council shall

Sr. Functions

22 Sue prosecute and defend court cases


Government of the Punjab

23 Assist relevant authorities in disaster management & relief activates

24 Entrust any of its functions to a person, any public-private organization


or authority through a contractual arrangement
25 On such terms & conditions as mutually agreed, transfer its functions
or responsibilities to union councils
26 Perform functions assigned by the Government

27 Setup a corporate body to perform any of its functions

40
A Metropolitan Corporation and a District Council may:

Perform such other functions as may be assigned or entrusted to it by


the Government;

Setup a corporate
With funds raised With the approval of the body to perform any
Government of the Punjab

through voluntary Government and of its functions, singly


contributions or concerned regulatory or jointly with other
external grant, authorities of the public or private
undertake any Federal Government and bodies:
development the Government, set-up, provided that
project; acquire, manage and responsibility for
operate any commercial discharge of such
activity on a self- functions shall
financing basis; continue to vest with
the local government.
41
review public service delivery of
The departments including Police and Revenue
Administration; and
Metropolita
Government of the Punjab

n seek written response and clarification from


Corporation district Head of such departments on queries
of the lg regarding their performance,
& a District functions, operations:
Council may Provided that in case of unsatisfactory
also:(21)(3) response, the Head may send a reference to
the Chief Minister for resolution of the
matter.
42
Offices to be devolved to Metropolitan Corporations 23

 Following shall stand entrusted to respective Metropolitan


Corporation
 PHAs
 Development Authorities
Government of the Punjab

 WASAs
 Parking Companies
 TEPAs
 Waste Management Companies
 Metropolitan Corporation shall have:
 administrative and financial control
 approval of policies, taxes, fees etc.
 The Head of Metropolitan Corporation or his nominated Deputy
Mayor or an elected member of the Head’s Cabinet
43
shall be the
Function of MC in relation to Authorities etc. (23)

 A DA shall, in discharge of its regulatory functions, where required by the


lg, due to inability to act because of lack of resources or capacity,act as an
Government of the Punjab

agency in aid and support of such M CORP. (23)(4)

 Where a DA intends to perform a function assigned to it but such functions


are assigned to the lg also, the DA shall perform such functions after
consultation and with the consent of the concerned M CORP

 No DA shall extend or curtail the boundaries of its existing controlled area


without the consent of the concerned lg.
 Commission to guide

44
District level offices to be devolved on lg
(24)

1) Health
(Primary & The devolved
The district level
Government of the Punjab

Secondary) offices shall be


offices of the
2) Education administered,
Government
(School operated and
departments, shall
Education) managed at the
stand devolved on
the local 3) Social Welfare district level,
governments: 4) Population through the
Welfare respective District
5) Sports & Authority Executive
6) Civil Defense Board.
45
Executive Board of District authorities in
Lahore
Chairperson of
1. Lord Mayor of Lahore Metropolitan Corporation all the District
Authorities

2. Nominated DM or elected Member of Head’s Cabinet or Vice Chairperson


Government of the Punjab

Council of Lahore Metropolitan Corporation

3. Deputy Commissioner or his nominee not below BS 18 Member

4. Chief Executive Officer of the District Authority Secretary

5. Representative of the Commissioner not below BS 18 Member

6. Director or Deputy Director of Directorate General LG Member

7. Two expert members including one woman to be nominated Member


by Chairperson
8. District Attorney Member
46
Executive Board of District authorities in District

Chairperson of
1. District Mayor of District Council all the District
Authorities

2. Nominated Deputy Mayor or elected Member of Head’s Vice Chairperson


Government of the Punjab

Cabinet or Council except in district where Metropolitan


Corporation exist concerned City Mayor

3. Deputy Commissioner or his nominee not below BS 18 Member


4. Chief Executive Officer of the District Authority Secretary
5. Representative of the Commissioner not below BS 18 Member
6. Director or Deputy Director of Directorate General Member
7. Two expert members including one woman to be nominated Member
by Chairperson
8. District Attorney Member
47
Functions of union councils (22)
Government of the Punjab

Death, Birth, Local Sports


Marriage & Divorce
Registration

Support in
Municipal Fairs &
Small Scale Recreational
Services 48
Functions of Union Council

Sr. Functions
1 approve its budget;
Government of the Punjab

2 approve the levy of tax and fees etc;

3 collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties;

4 enforce the Act, rules and bye-laws regulating its functioning;

5 nominate members of the Community Councils in its respective urban area and
monitor their performance;
6 nominate members of the Panchayats within its respective rural area and
monitor their performance;

49
Functions of Union Council

Sr. Functions
7 • provide and maintain public sources of drinking water, such as wells,
water pumps, tanks and ponds, and open drains;
Government of the Punjab

• coordinate with the community organizations for proper maintenance


of water supply schemes, sewerage, waste collection and removal;
• manage and maintain grazing areas, common meeting places and
other common property;
• hold local fairs and recreational activities;
• registration of births, deaths, marriages and divorces;
• promote local, school and traditional sports;
• take other measures likely to promote the welfare, health, safety,
comfort or convenience of the inhabitants of its local area;

50
Functions of Union Council

Sr. Functions
8 • identify deficiencies in delivery of public services and make
Government of the Punjab

recommendations for improvement of services;


• execute small scale development works relating to its functions;
• report illegal excavation of earth, sand, stones or other material to
the relevant authorities;
• celebration of public festivals;
• assist the relevant authorities in disaster management and relief
activities;
• manage properties, assets and funds vested in it; and
• maintain such statistics and data as may be specified and
disseminate information on matters of public interest; and

51
Functions of Union Council

Sr. Functions
9 mobilize the community:
• for maintenance of public ways, public streets, street lights,
Government of the Punjab

culverts, bridges, public buildings and local drains;


• for plantation of trees, landscaping and beautification of
public places;
• for prevention and removal of encroachments on public ways,
streets and places;

10 A Union Council may perform any other function entrusted to it by the


Government or its respective upper level local government, in whose
local area the Union Council is situated.

52
Inter-agency coordination (32)

establish
coordination in respect of matter which
between the the Provincial or relates to or affects the work of
Government of the Punjab

local Federal agencies, one or more provincial or federal


governments agencies in the district;
A Deputy and
Commissione
r shall:
establish for cooperation in respect of
coordination a cantonment integrated services relating to
between one or adjoining such provision of sanitation, water
more local local government, supply, sewerage collection and
governments disposal and similar other
and services;

53
Inter-agency coordination

advise local by prioritization of by the Government or one or


Government of the Punjab

governments on works of similar more local governments in the


avoiding nature being district; and
A Deputy duplication undertaken
Commissione
r shall:

convey Provincial or Federal as principal representative of


Government initiative, direction or the Government under the
measure Punjab Civil Administration
Act,2017.

54
Inter-agency coordination

Every local government shall generally cooperate with the Deputy


Commissioner in performance of his functions under inter-agency
coordination.
Government of the Punjab

Where an act of the Deputy Commissioner in performance of function


mentioned in inter-agency coordination is, in the opinion of the Head of a local
government, unfair or unreasonable, he may make a reference to the
Secretary.

The Secretary may, after having considered the reference and the related
circumstances, issue appropriate directions, to the Deputy Commissioner or
take such other action in respect of the matter as may, in his opinion, be just or
expedient having regards to the circumstances of the case.
55
Government of the Punjab

Inspection and
Monitoring

56
Internal inspections &
inquires

The Head of a lg may, through a written


order, require the Chief Officer;
Government of the Punjab

• to conduct inspections to examine and


report upon the performance of the lg
• or inquire into any matter concerning the
lg
• either personally or through such other
officer of the lg.
57
External Inspection & Monitoring
Government of the Punjab

 Punjab Local Government Commission (PLGC)


 Directorate General (Inspection & Monitoring)

58
Directorate General (I&M)

2022
conduct fact Established
finding and in 1980
assist LGC
Government of the Punjab

2001 LGC
2019 appointed
Inspectorate DG as
of lgs inspecting
officer

59
Legal Provisions under PLGA 2022

Section 189(3) Section 164 (4)


Section 146(4)
• The Directorate General • The Secretary may direct office of • The Directorate General
Government of the Punjab

(Inspections and Directorate General (Inspections


(Inspections and
Monitoring) shall and Monitoring) to probe into
any matter relating to the Monitoring), if so required,
continue and consist of functions of the local shall assist the Commission
a Director General government or conduct of
(Inspections and
in conduct of inspection,
Officers of the Local Government
Monitoring) who shall Service and the Directorate inquiries, monitoring and
be an officer of the General submit a fact finding implementation of the
prescribed service not report with specific directions of the
recommendations to deal with Commission
below the rank of BS-20 the matter.

60
Organogram of Directorate General

DG
Government of the Punjab

ADG(A) ADG(I&S) ADG(A&A)

Director Director Director


(A)(M) (I&S)(TP, Arc) (F)(A)

AD (2) AD (2) AD (2)

61
Functions

Assist LGC to Enquiries on


conduct annual complaints
and special relating to local
Government of the Punjab

Inspections; governments;

Advice in
Inquires under
technical, leases /
PEDA Act.
tax matters;

62
Objectives Of Inspection

• Performance evaluation of local governments & its functionaries for

effective and efficient provision of Municipal Services on following:


Government of the Punjab

• Budgeting process.

• Financial Discipline.

• Building Control & Land Use

• Preparation/implementation of ADP.

• Auctioning of Collection Rights and award of contracts.

• Pending court cases.


63
Objectives Of Inspections

•Framing/implementation of Bye-Laws.
•Physical verification of property.
Government of the Punjab

•Functioning of Enforcement Mechanism.


•Infrastructure & Service delivery i.e. street light, water
supply, sewage, slaughter houses, fire brigade and bus
terminals etc.
•On field advice/clarifications regarding day to day business of
lgs.
64
Manner Of Inspection
Government of the Punjab

Issuance Dates of A notice is


After of inspection affixed
approv Schedule for
al of of
By DG are By lg
informatio
SLG inspectio communicat n of
ns ed public.

65
Follow up

The
observations of
the inspecting
team, are
discussed at lg
Government of the Punjab

Departmental The report is


action. If any submitted to the
SLG

Examinatio
Annotated
n of
reply is
annotated
sought.
reply.
66
Punjab Local
Government of the Punjab

Government
Commission (154)

67
Punjab Local Government Commission (154-5)

To be constituted by Government:
Minister LG&CD (Chairperson)

Four MPAs (2 x appointed by leader of the house and 2 by leader Member


of opposition)
Government of the Punjab

Secretary, LG&CD Department (Secretary)

Secretary, Law and Parliamentary Affairs Department; Member

Four expert members including two woman, to be appointed by Member


the Chief Minister

sixteen years education in a discipline related to one or more functions of the Commission,
possesses special knowledge of local government and their work with at least ten years
relevant experience in municipal services and finance, public administration and local
governance, law and dispensation of justice, community development or any other related
areas relevant for the purposes of the Act;
68
Punjab Local Government Commission (160)

recommend amendments in the legislations and subordinate


legislations;
conduct annual and special inspections and submit its reports
to the CM;
Government of the Punjab

conduct an inquiry by itself or through any other Government


Functions entity about any matter concerning a local government or a
of the defunct local government;
Commission resolve the dispute between any Department of the
: Government and a local government or between two or more
local governments;
submit an annual report on the over-all performance of the local
governments to the Chief Minster and Provincial Assembly of
the Punjab; and
take cognizance of violations of laws and rules by
69
a local
government or a defunct local government;
Punjab Local Government Commission (160)

organize consultative planning meetings of National


and Provincial legislators, the Mayors and the
Chairpersons to provide their participation in
Government of the Punjab

development activities with regard to-


Functions
• consultative process of the annual development
of the
plan;
Commissi
• formulating procedures for utilization of the
on
Legislators’ development grant;
• reviewing development schemes; and
• facilitation in the performance of Provincial
departmental functions of the decentralized offices
and authorities, relating to policy analysis,
oversight, checks and balances, capacity70 building
and coordination through the Commission.
Powers of the Commission (161)

summoning and enforcing the


attendance of any person and
;examining him on oath
The Commission shall have the
Government of the Punjab

powers of a civil court under compelling the production of


the Code of Civil Procedure, ;documents
:1908 in respect of
receiving evidence on
affidavits; and
issuing commission for the
.examination of witnesses

71
Personal Responsibility (38)

or any loss, financial or otherwise,


Every suffered by a local government due
person any act to a decision made by him
Government of the Punjab

exercising done by personally or under his direction;


any him
authority for personal if such action, direction, or decision
the ly or is taken or expenditure is incurred,
purposes of done without lawful authority or in
the Act, under violation of any provision of the Act
shall be his or any other law for the time being
personally direction in force.
responsible ;
for: 72
Implemantation of Commission Decision (160)(2)

The decision of the Commission shall be binding on the lg, failing which, the
Commission may report the matter with specific recommendations to the CM for
appropriate action.
Government of the Punjab

The CM may, on the recommendation of the Commission, suspend an elected


official for a maximum period of ninety days.

Where, the elected official is found guilty of misconduct by the Commission, the
Commission shall recommend to the CM any appropriate action including removal
of such elected official, and the CM may pass appropriate orders including the
removal of such elected official.

73
Suspension or dissolution of a
local government (151)

•Chief Minister can suspend a lg up to six months after issuance


of show cause if:

• the Council has been unable to meet its statutory


Government of the Punjab

obligations for the last two financial years; or


• the local government becomes insolvent and remains so
for a period of one financial year
• and shall make a reference to the Commission for an inquiry as to whether such
reason or reasons exist for the dissolution of such local government.

• Where, the Commission is of the view that one or more


reasons mentioned above exist and the lg may be dissolved,
the Commission shall submit its findings to the Chief Minister
who may, dissolve that lg. 74
Effect of suspension or dissolution of a
local government (152))

all elected officials of the suspended or dissolved lg


shall stand suspended or dissolved forthwith;
Government of the Punjab

Consequent to
suspension or all powers, duties and functions of the lg shall, during
dissolution : the period of suspension or dissolution, be exercised
and performed by such of its officer or authority as the
Secretary may appoint in this behalf; and

all funds and properties vested in the lg shall, during


the period of suspension or dissolution, vest in the
officer or authority referred above as a trust.

75
Effect of suspension or dissolution of a
local government (152)

Suspen
sion/
Dissolu
tion
A lg, if not earlier
Government of the Punjab

Remaini
reinstated by the Officer
/Authorit
ng time
excess
CM, shall stand y
Continue of 120
reinstated into days

Office immediately
after 6 months. (153)
Remaini
ng time New
less Electio
than 120 n
days

76
Supervision by Minister and Secretary (146)

The Minister in charge of by a general or special take any measure in the


the Department may, order, direct a local public interest, where
government to situation demands
Government of the Punjab

immediate action.

The Secretary shall ensure that they always strictly in accordance


exercise supervision and act in the public interest with the provisions of the
general control over the and perform their Act and all other relevant
local governments to functions laws for the time being in
force.

77
Where Head of the lg fails to take action (149)

If within the period withhold transfer of all moneys or


such portion of moneys
specified, any measure receivable by that lg from the
or arrangement provincial allocable amount till
directed has not been such time as the measures or
Government of the Punjab

duly taken or made, or arrangements directed are duly


cause has not been taken or made; or
shown as aforesaid,
the Minister in charge
of the Department impose a fine on the lg not
may, by a written exceeding two per centum of the
order: moneys receivable by the lg from
the provincial allocable amount
during the relevant financial year.

78
Power of the Secretary to take action on his own (150)

The Secretary can direct the Head of lg, to make such arrangement or take
such measures within a specified period.
Government of the Punjab

Where the Head of a local government fails to act, the Secretary may by an
order appoint any of his subordinate officer to take the action so directed.

The Secretary or an officer appointed, may exercise all powers and authority
conferred upon the lg or an officer of the lg by or under the Act.

79
Power of the Secretary to suspend and set aside certain
resolutions or orders (148)

•The Secretary may, by a speaking order in writing,


suspend a resolution or order of a lg if he finds that
the resolution or order:
Government of the Punjab

is not in conformity with the Act or with the rules or


bye-laws made thereunder or any other law for the time
being in force;
is prejudicial to the public interest; or
is likely to lead to a breach of peace or to cause
injury or annoyance to the public or any class or
body of a person.
• A copy of the order shall be sent to the respective
Head of the lg who shall consider the matter afresh.
80
Power of the Secretary to suspend and set aside certain resolutions or
orders (148)

The lg shall, after taking the matter into consideration, pass a resolution or an
order afresh and send a copy to the Secretary.

The Secretary may, either cancel, modify or confirm the order passed or take such
Government of the Punjab

other action in respect of the matter including setting aside of the resolution or
order.

Any resolution or order passed by a lg or any act or thing done or intended to be


done by a lg which is revoked or prohibited by the Secretary shall cease to have
effect from the date of setting aside of the resolution or order.

A lg or any person aggrieved from the order may within thirty days, file an appeal
before the Commission.

The Commission shall decide the appeal within ninety days.


81
Contracts (41)

in writing and expressed to be made


in the name of the local
government;
All contracts made
Government of the Punjab

by or on behalf of a executed in such manner as may be


local government prescribed; and
shall be:
reported to the local government by the
Head of the local government in the
meeting next following the execution of
the contract.

82

No suit, prosecution, or other legal proceedings shall lie against


Government of the Punjab

Finance
(Funds, Accounts and Audit)

83
Minimum Thrashhold

 Commitment  Provincial allocable amount


Government of the Punjab

for the not less than 26% of the


provision of general revenue receipts of
Fund 121(1) the province for the first
two FYs and thereafter not
less than 28% following the
commencement of the Act
(1)
(121)

84
Principles for determining transfers to local
governments (122)

to maintain minimum service standards;

for comparative poverty and backwardness;


Government of the Punjab

to raise local taxes, toll, fees, rates and other charges;

for collecting higher local taxes, toll, fees, rates, rents and
other charges;

for adherence to financial and procurement rules, bringing innovations


and transparency in its working and achieving higher value for money;
and

for maintaining higher quality of public services.


85
Provincial allocable amount transferred in the
name of (122)

General purpose
Performance grants
transfers
• for collecting higher local
Government of the Punjab

• to maintain minimum taxes, toll, fees, rates, rents


service standards; and other charges;
• for comparative poverty • for adherence to financial and
and backwardness; procurement rules, bringing
• to raise local taxes, toll, innovations and transparency
fees, rates and other in its working and achieving
charges; higher value for money; and
• for maintaining higher quality
of public services.
86
Financial Streams of lg; (72)

• Own Source Revenue


• PFC Award
• Urban Immoveable Property Tax (UIPT)
• share in the • Tax on the transfer of immovable property
• proceeds of (TTIP)
• Water use charges, Drainage rate,
• taxes, tolls,
Government of the Punjab

• Fee for approval of building plans and for


• fees, rates compounding of offence and violations
• or charges • Fee for change of land use of a land or • Receipts accruing
• levied by the building from trusts
• Parking fee; administered or
• lg, and managed by the lg;
collected • Fees on sale of cattle etc
• gifts, grants or
• Rent on Immoveable Properties (Shops ,
• by the contributions to the
Lands)
Government local government by
on monthly • Fee for licenses, sanctions and permits individual or
basis. • Fee on the slaughter of animals and institutions;

87
establishment of Private Markets
• Fee for regulation of advertisement
• Toll fee on roads, bridges and ferries etc.
Province Wide Income and Expenditure (m)

Financial Opening Total Expenditur


OSR PFC
Year Balance Income e
Government of the Punjab

2019-20 25,502 39,155 32,950 97,607 96,183

2020-21 30,997 55,613 40,300 126,910 125,419

2021-22 34,796 61,912 34,796 131,504 128,142

88
Province Wide Income and Expenditure (m)
Government of the Punjab

Closing
Financial Year Income Expenditure
Balance

2023-24 132,305 (actual) 121,189 (actual) 11,116

2024-25 272,169 (Budgeted) 251,229 (Budgeted)

89
Province Wide Income (Millions)

2020-21
2019-20 Rs. 126,910 2021-22
Rs. 97,607 Rs. 131,504
Government of the Punjab

Opening Balance
Opening Balance
24% PFC Opening Balance
26% PFC
PFC 26% 26%
32%
34%

OSR OSR OSR


40% 44% 47%

90
Funds of a local government (72)

Separate
Local Fund Public Account
Account
• OSR
Government of the Punjab

• Share in the PFC • Receipts accruing • a separate


Award from trusts account for
• share in the administered or any special
proceeds of taxes, managed by the lg; purpose
tolls, fees, rates or • Refundable
charges levied by deposits received
the lg, and collected by the lg and;
by the Government • Deferred liabilities
on behalf of lg.
91
Application of Local Fund (75)

Shall be expended in accordance with the annual budget and supplementary budget.

May transfer approved budgeted amounts to any local government or Community


Council or Panchayat or Community Based Organization, for the purpose of carrying
out a project service or activity transferred to, or managed by, the recipient.
Government of the Punjab

The development budget with the bottom up planning system, and maximum 20%
shall be set apart for this system; and unspent amount shall be credited under the
same Head in the following year’s budget in addition to the fresh allocation.

Shall allocate not less than 20% of its budget for maintenance and repair of existing
infrastructure.

Every local government shall allocate two percent of its budget for sports and cultural
activities.
92
Charged expenditure upon local fund (74)
NOT TO BE VOTED (77)

• The money required for repayment of loans;

• The money required to satisfy any judgment, decree or award


against the local government;
Government of the Punjab

• The money required by the Government to contribute for


deferred liabilities of the local government; and

• Such other expenditure of local government as may be directed


by the Secretary, in case of calamity or urgency.

If any expenditure is a charge upon the Local Fund and is not


paid, the Secretary may, by order, direct the person having the
custody of the respective Local Fund to pay such amount
93
from the
Local Fund.
Accounts (80)

Union Council Metropolitan District Local


Corporation & District Government Authority
Council
The Secretary, shall In addition to maintenance Accountant General and
Government of the Punjab

maintain and pre- of accounts by a local District Accounts Officer of


audit all the government, Provincial the District shall maintain
payments from the Director, Local Fund Audit and pre-audit all the
Local Fund of the of the Government shall payments from the Local
Union Council. maintain and pre-audit all Funds of the devolved
the payments from the offices managed under the
Local Fund of a local respective District Local
government. Government Authority.

Audit by the Auditor General of Pakistan and audit reports to be


considered and decided by the Public Accounts Committee
94
of
provincial assembly (81)
Punjab Local Government Finance
Commission (83)

To be constituted by
Government:
Minister Finance (Chairperson)

Minister LG&CD (Co-Chairperson)


Government of the Punjab

Four MPAs (2 x appointed by leader of the house and 2 by leader of opposition)

Secretary Finance Department (Secretary)

Secretary LG&CD Department


Secretary P&D Department
Four expert members including one woman, to be appointed by the Chief
Minister
Four heads of local governments appointed by Chief Minister 95
Punjab Local Government Finance Commission(88)

Functions of the Commission:


• Establish formulae for determining the size of
provincial allocable amount and the share of
Government of the Punjab

lgs
• Oversee and report upon the transfer of share
of lgs from the provincial allocable amount
• Advise the Government or a lg on matters
relating to fiscal transfers
• Monitor fiscal health of lgs on an annual basis
• Present a report on fiscal performance of lgs
96

to the Government
Government of the Punjab

Budget

97
What is a budget?

• A budget is a financial plan that takes into


account estimated revenue and expenses over a
certain period of time.
Government of the Punjab

• Re-evaluated periodically

• Three types of budgets: balanced budget,


surplus budget, or a deficit budget.

98
Types of budgets

A local government budget is said to be in balance if


Balanced budget the budget receipts are equal to the budget
expenditure.
Government of the Punjab

If the budget receipts are more than the budget


Surplus budget expenditure, then the budget is termed as a surplus
budget.

If the budget receipts are less than the budget


Deficit budget expenditure, then the budget is termed as a deficit
budget.

A local government can’t approve a deficit budget (77)(5)

99
Budget (76)

• To be prepared and presented before the council for


consideration by 1st of April and approval by June.
• Meaning thereby that the law has envisaged a period of
Government of the Punjab

90 days for the deliberation of the House over the budget


proposal.
• The next year budget essentially consists of 3 main parts
a) Estimates of Expenditure
b) Estimates on Receipt
c) Annual Development Plan

100
Budget Preparation (76)

The Government shall, before the beginning of


each financial year, notify the provisional share.
Government of the Punjab

A revised budget shall be submitted to the local


government for approval.

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.
101
Budget Calender (PLGBR 2017 (5)(2) 2nd Schedule)

Sr # Activity Target Date

1 Issue Call Letter and guidelines to concerned offices. September


Government of the Punjab

2 • Excess and Surrenders Statement March


• Revised Estimates and Supplementary Budget if required.
• Statement of New Expenditure
• Consolidation of draft Budget (current and Development)
for next financial year.
• Finalization by Mayor & Chairman.

102
Budget Calender (PLGBR 2017 (5)(2) 2nd Schedule)

Sr # Activity Target Date

3 The time frame to be followed for finalizing of taxation As mentioned


proposals is as follows in the column
• Inclusion of draft taxation proposal in the draft budget in activity
Government of the Punjab

March
• Discussion on taxation proposal by house in April
• Proposal sent to Government for vetting by May 1st after
incorporating the decision of the House
• Proposal published in the news paper for obtaining public
views by May 1st
• The vetting by the Government and objections and the
suggestions from the public received by 1st June
• Taxation proposal included in the budget submitted to the
House for approval
4 Submission of draft Budget to House based on initial 1st April
estimates provided by the Provincial Government.
103
Budget Calender (PLGBR 2017 (5)(2) 2nd Schedule)

Sr # Activity Target Date

5 Review of Draft Budget by House. April


Government of the Punjab

6 Input from Government and Public on the proposals agreed by 1st May to 1st
the House June

7 Revisions and Changes by Head of Offices and Finalization. May – June

8 Submission of final Budget to House based on final estimates June


provided by the Provincial Government.

9 Approval of Final Budget by House. June

10 Communications of Current Budget Grants to concerned offices July


and Accounts Offices. 104
Approval of Budget (77)

The lg may discuss the charged expenditure but shall


not vote on such expenditure.
Government of the Punjab

Subject to quorum, be approved by simple majority.


Secretary may review approved budget of a lg, and if
found contrary to the budget rules, may require the lg
to rectify it.
A budget shall not be approved if the sums required to
meet estimated expenditure including previous
liabilities and commitments exceed the estimated
receipts. 105
Approval of Budget (77)

In case a budget is not approved by a lg before the


commencement of the financial year, the lg shall spend
money under various objects, on pro-rata basis in accordance
with the budgetary provisions of the preceding financial year
Government of the Punjab

for a period not exceeding thirty days.

A lg 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.

In case, a lg fails to pass the budget within the extended


period, the Secretary shall prepare, approve and authenticate
the budget of the lg for full year. 106
• Local government may invest its surplus
funds, as may be approved by the
Government of the Punjab

Government.(82)

• Local government can borrow with the


previous sanction of Government(82)

• BOTTOM UP PLANNING (78)

107
Government of the Punjab

Taxes, fees,
charges etc

108
Taxes, fees, charges etc

Local government may levy all or any of the taxes, fees, charges etc. given in the Fifth Schedule
of the Act (99)

Procedur
e for A Head may make proposal with respect to:
impositio • levy of a new tax, fee, rate, rent, toll; or
Government of the Punjab

n, • increase or reduction in a tax, fee, rate,


revision rent, toll or
or • suspension or abolishment of a tax, fee,
abolishm rate, rent, toll; or
ent of a • exemption of any person or class of
local tax, persons, or property or goods or class of
fee, etc. property or goods, or services or other
things from the levy of a tax, fee, rate,
rent, toll or other charges.
109
Taxes, fees, charges etc

Local government may levy all or any of the taxes, fees, charges etc. given in the Fifth Schedule
of the Act (99)

Procedur Every proposal for levy of a tax, fee, rate, rent, toll
e for or other charges shall, mention:
Government of the Punjab

impositio • the class of persons, or description of


n, property or goods, on which the proposed
revision tax, fee, rate, rent, toll or other charges
or shall apply;
abolishm • the method of assessment; and
ent of a
• the rate at which the tax, fee, rate, rent,
local tax,
fee, etc. toll or other charge is to be levied.
110
Taxation Proposal

• The Head shall, through a public notice, invite


Procedur suggestions and objections amongst others, the
e for
date and time by which the suggestions and
Government of the Punjab

impositio
n, objections shall be submitted.
revision
or • The last date of submission of objections shall be
abolishm fixed not less than thirty days commencing from
ent of a
local tax, the date of publication of the notice.
fee, etc. • Any resident of the relevant local area or a person
affected by the proposal, may submit his
111

suggestions or objections or both in writing to the


Taxation Proposal

•After having considered all suggestions and, as the


Procedure case may be, objections received, the Head may:
for accept suggestions and objections inasmuch as he deems
Government of the Punjab

imposition
appropriate and present a revised proposal before the Council
, revision
or in a public meeting; or
abolishme reject the suggestions and objections and present his original
nt of a proposal before the Council in a public meeting.
local tax,
The Council may with a simple majority of votes of existing
fee, etc.
members, approve the proposal with or without revision.

112
Government of the Punjab

local
government properties

113
Local government properties (93)

All properties movable or immovable specified hereunder, shall vest in a local government:

All lands, buildings or other properties which were


vested in any defunct lg of which the lg is the
Government of the Punjab

successor;

All lands or other properties transferred to the lg or


acquired by gift, or purchase;

All public and other buildings of every description and


all works, materials and things appertaining thereto
which are maintained by the lg in relation to its
functions; 114
Local government properties (93)

• All lands; • All public streets;


• Open spaces; • Roads, bridges and
• Play grounds; other means of public
Government of the Punjab

• Gardens; communication which


• Parks and other are transferred to the
places of public resort lg and the pavements,
transferred to the stone and other
material thereof and
local government with trees growing on, and
the title; erections, materials,
• By gift; implements and things
• Purchase or provided with them;
otherwise; 115
Local government properties (93)

All public sewers and drains except those owned and


maintained under the Canal and Drainage Act, 1873 or
any other law;
Government of the Punjab

All works for the disposal of refuse maintained by the


lg;

All street lighting maintained by the local government;

116
Local government properties (93)

All public streams, springs and works for supply,


storage and distribution of drinking water maintained
Government of the Punjab

by the lg;

All trees, plants and flowers on roadsides and other


places maintained by the lg; and

Any other property which may vest in the lg under any


law for the time being in force or under an order of the
Government. 117
• Every local government
shall maintain a register
of all properties along
Government of the Punjab

with a map of all


immovable properties of
which it is the proprietor
or which vests in it or
which it holds in trust
for the Government or
any other authority or
person.

118
Reallocation of Property
Government of the Punjab

• The Government shall not, except with


the prior consent of the local
government concerned, reallocate or in
any other manner divest title of
properties vested in that local
government.
119
Use and disposal of properties of
local governments .(94)

The properties of local governments shall be used only for public


purposes.
The immovable properties of local governments shall
not be sold or permanently alienated without prior
approval of the Government:
Government of the Punjab

in case title of an immoveable property is transferred to


a Government department, authority, or agency, the
price of property not less than the amount assessed by
District Price Assessment Committee shall be transferred
to such lg.
The properties of the local government may be given
on lease through competitive bidding by public
auction. 120
Use and disposal of properties of
local governments .(94)

The properties of local governments shall be used only for public


purposes.
The local government may through a written
agreement, lease a property to
a Government department, authority or agency,
Government of the Punjab

without public auction on a rent approved by the


Council.
The local government may constitute a Committee
headed by the Head of the local government to
identify encroached or redundant properties that
may be sold with the approval of the Government,
and the funds generated from the sale of such
properties shall be kept in a separate head of 121

account and be used only for development


Use and disposal of properties of local governments .
(94)

•Where a lease of immoveable property of a lg under a valid lease


agreement has expired or is about to expire and it does not
contain any condition for extension of lease period,
Government of the Punjab

•The period of lease may be extended up to 10 years after fresh


assessment by Rent Assessment Committee, with an annual
increase of 10%;

• consisting of following members:


• Head of the local government as convenor;
• Assistant Commissioner concerned or his nominee;
• Chief Officer of the lg;
• Incharge of Finance Wing of the lg as Secretary of Committee;
• Incharge of Regulation Wing of the lg; and
• District Excise and Taxation Officer or his nominee not below
122 the rank of BS-
16.
Where no agreement available (94)(7)

• Where no written lease agreement is available but the


occupant of immoveable property has been paying rent
to the lg for at least last five years;
Government of the Punjab

the lg may enter into written agreement with


the occupant for a period of five years after
fresh assessment by Rent Assessment
Committee with an annual increase of ten percent;
• In case of failure to enter into written agreement, the lg shall, within one
month, take over the possession of the immoveable property and shall
proceed for open auction.
123
Use and disposal of properties of
local governments. (94)

•The movable property of a local government including


Government of the Punjab

all articles declared unserviceable which are required to


be disposed of, shall be sold through competitive
bidding by public auction.

•A local government shall inspect, manage, maintain


and whenever so required develop or improve any
property which is owned by or vested in it or which is
otherwise placed under its charge.
124
Use and disposal of properties of
local governments. (95 to 96)

•local government may acquire or purchase any


immovable property for public purposes, with the prior
Government of the Punjab

permission of the Government;

• In case of any loss of property of the local


government, the responsibility for such loss shall be
fixed by the concerned local government and the
amount of the loss shall be recovered from the
defaulting person.
125
Stock Taking (97 to 98)

• Every local government shall, at least once in every


financial year, take the physical stock of movable and
immovable properties of the concerned lg & report to
Government of the Punjab

council.

• A local government may, subject to the rules, insure


any property, whether moveable or immoveable in
which it has an insurable interest, against any
contingency which may result in the imposition of any
liability or loss to the local government.
126
Government of the Punjab

Regulation and Enforcemen

127
Enforcement & Regulation ?

• Enforcement: When someone in a position of power

makes sure you follow the rules;


Government of the Punjab

• Regulation: Imposition of rules by government, backed

by the use of penalties and fines that are intended

specifically to modify the behavior of citizens.

128
Enforcement Action

• Enforcement action means an action taken by


Government of the Punjab

the Department upon its own initiative or at the

request of an affected party in furtherance of its

statutory authority and responsibility to execute

and ensure compliance with applicable laws.


129
What is Regulatory Powers?

• Regulatory powers are the powers used by lg and regulators to

ensure citizens to comply with legislative requirements, and to


Government of the Punjab

respond to instances of non-compliance.


 Act/Ordinance
 Rules
 Guidelines
 Manuals
 Bye laws/SOPs
130
Enforcement & Violations
• Violations
trial in court
fine imposed through
Government of the Punjab

ticketing;
compounding
• enforce all municipal laws, rules
and bye-laws governing its
functioning;
131
Enforcement of Municipal Laws by
lgs
• A lg shall, authorize an officer or officers to
issue notice to a person committing any
municipal offence and initiate legal
Government of the Punjab

proceedings for continuance of commission


of such offence or for failure to comply with
the directions; 21(ii)

• A lg shall, prosecute, sue and follow up


criminal, civil and recovery proceedings
against violators of municipal laws in the
courts of competent jurisdiction. 132
21(jj)
How to enforce?

• The Head of lg, with the approval of lg


shall authorize the officials of the lg as
Government of the Punjab

Inspectors for the enforcement of the


offences specified in the Schedules. (173)

• The prescribed officer shall be the


controlling authority and administrative
head of an Inspector and the Inspector
shall report to the officer.
133
General powers of Inspectors (178)

• 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
Government of the Punjab

initiating prosecution under the Act –


• Issue notices
• suspend any work;
• seize the goods;
• seal the premises;
• demolish or remove the work; or
• issue directions for taking corrective measures
within the specified time. 134
Municipal Offences &
Enforcement (172)

Municipal offences
Government of the Punjab

are specified in Imprisonment, fine,


eighth (Part I,II & seizure, forfeiture,
III) & nineth confiscation, and
schedule, which impounding
are liable to
punishment by;

135
Eighth Schedule
Offences are • Up to 7 year imprisonment,
cognizable or with fine which may
and inspector extend to 5,00,000/ rupees
or with both.
Government of the Punjab

with the
approval of • If accused persisted with the
Part, Chief Officer offence, the Court may
I shall forward impose a further fine which
may extend to 50,000/
information to
rupees for every day; for the
the officer in
period the accused has
charge of persisted in the offence from
police station. the date of its commission;
136
(172)(4)
Eighth Schedule
Offences are • Up to 3 year imprisonment,
cognizable or with fine which may
and inspector extend to 1,00,000/ rupees
with the or with both.
Government of the Punjab

approval of • If accused persisted with the


Part, Chief Officer offence, the Court may
II shall forward impose a further fine which
may extend to 10,000/
information to
rupees for every day, for the
the officer in
period the accused has
charge of persisted in the offence from
police station. the date of its commission;
137
(172)(4)
Eighth Schedule
• Up to 6 months
On a imprisonment, or with fine
complaint which may extend to 25,000/
made by the rupees or with both.
Government of the Punjab

inspector • If accused persisted with the


Part, after offence, the Court may
III approval of impose a further fine which
Chief Officer may extend to 500/ rupees
for every day, for the period
Court shall
the accused has persisted in
take
the offence from the date of
cognizance its commission; 138
of the
Ninth Schedule

• Such person shall, in the first instance, be


liable to fine by issuing a ticket specified in
Government of the Punjab

Tenth 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 Part- III of
8th schedule;
139
Imposition of fine through ticketing
Municipal
 local government other than UC violations
may, establish and maintain
Municipal Wardens. (177) If not
Investigation by
Government of the Punjab

guilty
 local government shall Inspector
constitute a composition
committee for compounding of Issuance of If guilty (1000 to
offences ; (176) Ticket 20,000)
(sec 174)
Amount deposited
 Head of local government… Within 10 days or contest in
court
convenor
Complaint to
 An officer of local government Municipal
In court with fine 10 to 20%
Magistrate
 A councillor of local
The Government may, in consultation with the High Court, appoint one or more Special Judicial
government Magistrates 14
0
Government of the Punjab

Code of Conduct &


Conflict of Interest

141
Code of conduct (140)

It shall be the duty of every elected official, Chief


Officer, officer, and servant of the local government
to:
(a) act honestly, fairly and transparently;
Government of the Punjab

(b) exercise due care and diligence; and


(c) not to make improper use of his office
or
information acquired by him because of his being
in such office to gain or attempt to gain, directly or
indirectly, an advantage for himself or for any
other person; or cause or attempt to cause any
detriment to a local government. 142
Conflict of interest (141)

An elected official, Chief Officer, officer or servant of the local


government or any other person shall be deemed to have a
conflict of interest in respect of a contract, proposed contract
Government of the Punjab

or any other matter to be discussed or decided by that lg,


Council or any of its committee or sub-committee, as the case
may be, of which he is a member, if:
• he or any of his immediate relatives, or his employer or
employee in relation to that contract, proposed contract or
any other matter:
• would receive or have a reasonable expectation of receiving,
a direct or indirect pecuniary or some other benefit, share or
interest; or
143
Conflict of interest (141)

• he has professionally acted in relation to that


contract, proposed contract or any other matter on
behalf of any person having therein such share or
Government of the Punjab

interest as aforesaid; or
• he is of the opinion or could be reasonably perceived
to have such opinion that the nature of his interest in
the contract, proposed contract or other matter is
such that it may conflict with the proper performance
of his public duties in respect of that contract,
proposed contract or other matter.
144
Offences & Punishment Relating to Code of Conduct
(180)

• An elected official, Chief Officer or any other


officer or servant of the local government
• who knowingly fails to act honestly and in a fair
and transparent manner
Government of the Punjab

• or makes improper use of his office or


information acquired by him because of his being
in such office
• shall be guilty of an offence punishable with
imprisonment for a term not exceeding three
years or a fine not exceeding two hundred
thousand rupees or with both.
145
Offences Relating to Conflict of Interest (181-182)

A person who has a conflict of interest as defined under section


141 of the Act or and he, knowingly and for the purpose of any
gain, acts in contravention of any provision of section 141 of this
Government of the Punjab

Act or otherwise influences or seeks to influence any action of


the lg with respect to a relevant transaction, shall be guilty of an
offence punishable with imprisonment for a term not exceeding
three years or a fine not exceeding two hundred thousand rupees
or with both.

No court shall take cognizance of an offence except on a


complaint by or under the authority of the Secretary.

146
Appeals

• Any person aggrieved by any order passed


by a local government or its officers or
Government of the Punjab

servants or other functionaries passed in


pursuance of the Act or the rules or bye-
laws made thereunder, may appeal to such
authority, in such manner and within such
period as may be prescribed and order of
such authority shall be final.
(192)

147
The Punjab Local Government Appeal Rules
2017
Appeal in 30
days
Sr No. Authority Making Order Under Appellate Authority
Appeal
Government of the Punjab

1 Mayor Metropolitan Corporation or Divisional Commissioner


Municipal Corporation

2 Chairman District Council Divisional Commissioner

3 Chairman Municipal Committee Deputy Commissioner

4 Chairman Union Council Assistant Commissioner

5 Chief Officer of a local government Mayor/Chairman Concerned

6 Head of Municipal Office Chief Officer Concerned

148
Eighth Schedule

• Development of a private housing


scheme without approval of a lg or
Government of the Punjab

on a non conforming use;


Part, • Failure of industrial or commercial
I concerns to provide adequate and
safe disposal of affluent or
prevention of their mixing up with
the water supply or sewerage
system;
149
Eighth Schedule

• Overcharging or illegally • Wilfully obstructing any


charging any tax, fee, officer or servant of a lg or
Government of the Punjab

fine, charge or rate; any person authorized to


Part, • Preparing or using exercise power conferred
II counterfeit or prescribed under the Act.
Forms of the lg. • Failure to deliver back
• Evasion of payment of possession of property to the
tax or other impost lg on cancellation and
lawfully levied; expiration of lease.
• Doing an act without license
or permission;
150
Eighth Schedule

• Supplying or marketing • Cultivation of agriculture


drinking water for human produce or crop, for supply
consumption which is or sale to public using such
Government of the Punjab

contaminated or manure, or irrigating it with


Part, suspected to be sewer water or any such
II dangerous to public liquid as may be injurious to
health. public health or offensive to
• Immovable encroachment the neighbourhood.
in or on or under any • Violation of the prohibitions
property or any open provided in the Master Plan,
space or land vested in or the sanctioned Site
managed, maintained or Development Schemes
controlled by a lg. under the Act; 151
Eighth Schedule

• Erection or re-erection of • Failure to demolish or


building over set back area otherwise secure a
or parking area or building building declared by the
Government of the Punjab

line area required to be left lg to be dangerous


open under the rules for building.
Part, using such space for any • Quarrying, blasting,
purpose which is not cutting timber or
II
approved. carrying building
• Changing or converting into operations in such
any other use any portion of manner as causes or is
a commercial building or likely to cause danger to
areas specified or earmarked persons passing by or
for public parking; living or working
152 in the
neighbourhood.
Eighth Schedule

• Establishing any parking • Dyeing or tanning skins


stand without the sanction within such distance of any
Government of the Punjab

of the concerned lg. commercial or residential


Part, • Erection or re-erection of a areas as may be specified by
II building without the the lg;
sanction required under • Dumping of solid waste and
the Act or using a building refuse by any person or
for a purpose which may entity on a place other than
endanger the security of landfill or dumping site,
people notified or designated by
the concerned lg.
153
Eighth Schedule

• Establishing any cattle • Establishing or running any


market without permission restaurant or vending stalls
Government of the Punjab

of the lg; for eatables on any road,


Part, • Establishing any bus, street, footpath, public
III wagon, taxi or other place, over a drain, or any
commercial motorized or other property vesting in or
non-motorized vehicle managed or controlled or
stand, without permission maintained by a lg without
of lg. its permission.

154
Eighth Schedule

• Establishing a brick kiln • Cutting down of any tree,


and lime kiln within such or erection or demolition of
Government of the Punjab

distance of a residential any building or part of a


Part, area as may be specified building where such action
III by the local government. is declared under this Act
• Contravention of the to be a cause of danger or
prohibition or attempt or annoyance to the public.
abetment of any of the
offences in this Part.

155
Tenth Schedule (Ticket)
Name & Address of the Offender: ____________
National Identity Card No. ____________
Particulars of Offence; (Section of Law with details of offences): ________
Date of commission of Offence: ____________
Government of the Punjab

Amount of Fine: Rs. ____________


Date by which the Fine is to be paid. ____________
(Note: The amount of fine shall be deposited in Bank)

Corrective actions ordered: ____________

156
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED
1 Fixing of wooden khokhas, and temporary shops or extension
thereof on footpaths or beyond the street line Rs 4000
2. Contravention of any prohibition or direction of the local
government issued under the Act or the rules. Rs.1,000
3. Slaughtering of animals for the sale of meat at a place other
Government of the Punjab

than the place set apart for the purpose. Rs.4000


4. Without the permission of the local government, causing or Rs.10,000 in
knowingly or negligently allowing the contents of any sink, case of
sewer or cesspool or any other offensive matter to flow, or drain industrial
or to be put upon any street, or public place, or into irrigation concerns,
channel or any sewer or drain not set apart for the purpose. Rs.5,000 in
case of
commercial
concerns and
Rs.2,000 for
others.
5. Failure by the owner or occupier of any land to clear away and Rs 1000
157
remove any vegetation declared by a local government to be
injurious to health or offensive to neighbourhoods.
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED
6 Keeping or maintaining any cattle in any part of the prohibited Rs 5000
zone or failure to remove the cattle from the prohibited zone
within the specified time when an order to this effect has been
made.
7 Keeping ferocious dogs or other animals in residential areas or Rs 10000
Government of the Punjab

taking such animals to public places or the areas specified by the


local government, without leash or chain and without being
muzzled or to set at large any animal or dog infected with rabies
or any other infectious disease.
8 Obstructing or tampering with any road, street, drain or Rs 5000
pavement.
9 Obstructing or tampering with any main pipe, meter or any Rs 5000
apparatus or appliance for the supply of water or sewerage
system.
10 Without the previous sanction of the local government: Rs 5000
1. laying out a drain or altering any drain in a street or road;
2. connecting any house drain with a drain in a public street; and
158
3. drawing off, diverting or taking any water except with the
permission required under this Act.
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED

11 Without prior permission of the local government, excavation of Rs 5000


earth, stone or any other material within such distance of the
residential area as specified by the local government.
12 Burying or burning a dead body at a place which is not a public or Rs 5000
registered burial or burning place, except with the sanction of
Government of the Punjab

the local government.


13 Failure to furnish, on requisition, information in respect of any Rs 5000
matter which a local government is authorized to call for under
any of the provisions of this Act, rules or bye-laws or furnishing
wrong information.
14 Obstructing lawful seizure of animals liable to be impounded on Rs 5000
the ground of violations of rules or by-laws governing the
picketing, tethering, keeping, milching or slaughter of animals or
their trespass of private or public property.
15 Picketing, parking animals or collecting carts or vehicles on any Rs 1000
street, using any street as a halting place for vehicle or animals
or as a place encampment without the permission of the local 159
government.
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED

16 Causing or permitting animals to stray or keeping, tethering, Rs 1000


stalling, feeding or gazing any cattle on any road, street or
thoroughfare or in any public place or damaging or causing or
permitting to be damaged any road, street or thoroughfare by
Government of the Punjab

allowing cattle to move thereon.


17 Disposal of carcasses of animals within prohibited distance. Rs 5000

18 Failure to dispose of offal, fat or any organ or part of a dead Rs 3000


animal in a place set apart for the purpose by the local
government.
19 Throwing or placing any refuse, litter or garbage on any street, Rs 1000
or in any place, not provided or appointed for the purpose by a
local government.
20 Failure to provide for disposal of litter or garbage inside or Rs 1000
outside a shop by its owner or occupier.
160
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED
21 Failure to maintain clean premises of the area in front of a shop, Rs 2000
office or factory up to the public street or road serving this
facility.
22 Watering cattle or animals, or bathing or washing at or near a Rs 1000
well or other source of drinking water for the public.
Government of the Punjab

23 Steeping hemp, jute or any other plant in or near a pond or any Rs 2000
other excavation within such distance of the residential area as
may be specified by a local government.
24 Failure to provide, close, remove, alter, repair, clean, disinfect or Rs.5,000 in
put in proper order any latrine, urinal drain, cesspool or other case of
receptacle for filth, sullage, water or refuse by an owner or industrial
occupier of a house, shop, office, industry or premises. concerns,
Rs.3,000 in
case of
commercial
concerns and
Rs.2,000 for
161
others.
25 Failure to clean the premises, houses, shops and cultivated Rs 1000
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED
26 Damaging or polluting physical environment, inside or outside private Rs.4,000 for
or public premises, in a manner to endanger public health. public premises
and Rs.1,000 for
private premises
27 Failure by the owner or occupier of any land to cut or trim the Rs 1000
Government of the Punjab

hedges growing thereon which overhang any well, tank or


other source from which water is derived for public use.
28 Failure by the owner or occupier of any land or building to Rs 2000
clean, repair, cover, fill up or drain off any private well, tank or
other source of water supply, which is declared under this Act
to be injurious to health or offensive to the neighbourhood.
29 Failure to stop leakages of water pipes, faucets and sanitary Rs 2000
fittings resulting in dirty water pools affecting physical
environments and breeding of mosquitoes.
30 Failure of an owner or occupier of any building or land to put Rs 2000
up and keep in good condition troughs and pipes for receiving
or carrying water or sullage water.
162
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED

31 Defacing or disturbing, without due authorization, any direction- Rs 2000


post, lamp post or lamp extinguishing or any light arranged by a
local government.
32 Fixing any bill, notice, playcard, poster or other paper or means Rs 10000
Government of the Punjab

of advertisement against or upon any private or public building


or place other than the places fixed for the purpose by a local
government.
33 Exhibiting any obscene advertisement. Rs 20000

34 Loud playing of music or radio, beating of drum or tom-tom, Rs 5000


blowing a horn or beating or sounding any brass or other
instruments or utensils in contravention of any general or special
prohibition issued by a local government or in and around a
hospital or an educational institution.
35 Loud shouting in abusive language causing distress to the Rs 2000
inhabitants of a neighbourhood or Village or any other public
163
place.
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED

36 Using or allowing the use for human habitation of a building Rs 2000


declared by a local government to be unfit for human habitation.

37 Failure to lime-wash or repair a building, if sorequired by local Rs 2000


government.
Government of the Punjab

38 Begging importunately for alms by exposing any deformity or Rs 1000


disease or any offensive sore or wound to solicit charity.
39 Causing or permitting to be caused by any owner or keeper of an Rs 2000
animal which, through neglect or otherwise, damages any land or
crop or produce of land, or any public road.
40 Selling cattle and animals in contravention of any law, rule or by- Rs 2000
laws of a local government.

164
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED

41 Digging of public land without the permission in writing of local Rs 2000


government.
Government of the Punjab

42 Contravention of any prohibition or direction of the local Rs 1000


government issued under this Act or the rules.

43 Attempt or abetment of any of the offence in this Schedule. Same as for the
offence
specified in the
Schedule

165
Conflict of interest (141)

An elected official, Chief Officer, officer or servant of the lg or any other


person shall be deemed to have a conflict of interest in respect of a
contract, proposed contract or any other matter to be discussed or
decided by that lg, Council or any of its committee or sub-committee,
Government of the Punjab

as the case may be, of which he is a member, if:


(a) he or any of his immediate relatives, or his employer or
employee in relation to that contract, proposed contract or any other
matter:
(i) would receive or have a reasonable expectation of receiving, a
direct or indirect pecuniary or some other benefit, share or interest; or
(ii) would suffer or have a reasonable expectation of suffering, a
direct or indirect pecuniary or some other detriment; or
(iii) could be reasonably perceived as receiving a direct or indirect
pecuniary or some other benefit, share or interest or suffering a direct
or indirect pecuniary or some other detriment; or
166
Conflict of interest (141)

(b) he has professionally acted in relation to


that contract, proposed contract or any other
matter on behalf of any person having therein
Government of the Punjab

such share or interest as aforesaid; or


(c) he is of the opinion or could be reasonably
perceived to have such opinion that the nature of
his interest in the contract, proposed contract or
other matter is such that it may conflict with the
proper performance of his public duties in respect
of that contract, proposed contract or other
matter.
167
Government of the Punjab

Thanks!
Establishment of joint
authorities.
Who Can What Can For
• Two or more local • May establish a joint • The provision of one
governments authority or more of such
Government of the Punjab

public services
which relate to a
function assigned to
them.
• For the purpose to
oversee the
functions of the joint
authority, the
constituting local
governments may
notify a joint
Committee.
Agency arrangements
How With Whom For
May, through a written with any other local The performance of any of
agreement government, or an office, its function.
Authority, agency or
company of the
Government of the Punjab

Government or the
Federal Government,
provided that The expenses incurred for
arrangements made under carrying into effect the
the Act shall not diminish, agreement shall be
in any respect, the defrayed by the local
responsibility of a local government concerned.
government with regards
to the function or public
service.

Every local government


shall keep170
separate
accounts for this

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