PLGA 2022
PLGA 2022
Compendium
https://compendium.lgpunjab.org.pk
Mahmood Masood Tamanna
Government of the Punjab
2
Preamble
The Punjab Local Government Act, 2022, (24th June 2022) was
repealed on (16th November 2022), and following were saved;
Government of the Punjab
4
Repeal and Savings (204)
5
Repeal and Savings (204)
7
Government of the Punjab
8
Government of the Punjab
9
Succession (3)
11
Salient features
Term of 4 years(65)
12
Mode of Election
Direct
Party/Electoral Groups based
Government of the Punjab
13
Mode of Election
reserved seats)
60% on the basis of closed list
proportional representation
(general councilors)
14
Seats in Metropolitan Corporations and District
Councils
(first schedule)
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
19
Defection from a Political Party or
Electoral Group (62)
Procedure of
dis-memberment Declaration is confirmed by the
Election Commission after notice and
inquiry.
22
Administrative Organogram of lg except UC
Government of the Punjab
23
Head’s Cabinet of a lg, except UC (14)
Female members
Sr. Range of Population Elected Technocrat Total (Either
Government of the Punjab
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)
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
meetings:-
Meeting:- At least one during a month.(40)
27
Removal of a Head of the lg, Deputy Mayor, Vice
Chairperson and Speaker
(133)
28
Local governments to work within the
Provincial framework(15)
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
Demarcatio
Delimitation Elections
n
(10)
(8)
Government of the Punjab
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 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
Sr. Functions
8 Lease and rent out properties
Government of the Punjab
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
Sr. Functions
40
A Metropolitan Corporation and a District Council may:
Setup a corporate
With funds raised With the approval of the body to perform any
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)
44
District level offices to be devolved on lg
(24)
1) Health
(Primary & The devolved
The district level
Government of the Punjab
Chairperson of
1. District Mayor of District Council all the District
Authorities
Support in
Municipal Fairs &
Small Scale Recreational
Services 48
Functions of Union Council
Sr. Functions
1 approve its budget;
Government of the Punjab
3 collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties;
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
50
Functions of Union Council
Sr. Functions
8 • identify deficiencies in delivery of public services and make
Government of the Punjab
51
Functions of Union Council
Sr. Functions
9 mobilize the community:
• for maintenance of public ways, public streets, street lights,
Government of the Punjab
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
53
Inter-agency coordination
54
Inter-agency coordination
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
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
60
Organogram of Directorate General
DG
Government of the Punjab
61
Functions
Inspections; governments;
Advice in
Inquires under
technical, leases /
PEDA Act.
tax matters;
62
Objectives Of Inspection
• Budgeting process.
• Financial Discipline.
• Preparation/implementation of ADP.
•Framing/implementation of Bye-Laws.
•Physical verification of property.
Government of the Punjab
65
Follow up
The
observations of
the inspecting
team, are
discussed at lg
Government of the Punjab
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)
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)
71
Personal Responsibility (38)
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
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)
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
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)
immediate action.
77
Where Head of the lg fails to take action (149)
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 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.
A lg or any person aggrieved from the order may within thirty days, file an appeal
before the Commission.
82
Finance
(Funds, Accounts and Audit)
83
Minimum Thrashhold
84
Principles for determining transfers to local
governments (122)
for collecting higher local taxes, toll, fees, rates, rents and
other charges;
General purpose
Performance grants
transfers
• for collecting higher local
Government of the Punjab
87
establishment of Private Markets
• Fee for regulation of advertisement
• Toll fee on roads, bridges and ferries etc.
Province Wide Income and Expenditure (m)
88
Province Wide Income and Expenditure (m)
Government of the Punjab
Closing
Financial Year Income Expenditure
Balance
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%
90
Funds of a local government (72)
Separate
Local Fund Public Account
Account
• OSR
Government of the Punjab
Shall be expended in accordance with the annual budget and supplementary budget.
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)
To be constituted by
Government:
Minister Finance (Chairperson)
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?
• Re-evaluated periodically
98
Types of budgets
99
Budget (76)
100
Budget Preparation (76)
102
Budget Calender (PLGBR 2017 (5)(2) 2nd Schedule)
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)
6 Input from Government and Public on the proposals agreed by 1st May to 1st
the House June
Government.(82)
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
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
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
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:
successor;
116
Local government properties (93)
by the lg;
118
Reallocation of Property
Government of the Punjab
council.
127
Enforcement & Regulation ?
128
Enforcement Action
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
Municipal offences
Government of the Punjab
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
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
141
Code of conduct (140)
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)
146
Appeals
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
148
Eighth Schedule
154
Eighth Schedule
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
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
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
164
Ninth Schedule
OFFENCES WHERE TICKET CAN BE ISSUED
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)
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.