GOVERNMENT OF THE PUNJAB
LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT

NOTIFICATION
6th June, 2005

No.Legis.13-17/2005. The following Ordinance promulgated by the Governor of the Punjab is hereby published for general information:

THE PUNJAB LOCAL GOVERNMENT (AMENDMENT) ORDINANCE, 2005
PUNJAB ORDINANCE NO. III OF 2005

AN
ORDINANCE

further to amend the Punjab Local Government Ordinance, 2001

            Whereas it is expedient further to amend the Punjab Local Government Ordinance, 2001 (XIII of 2001), for the purposes hereinafter appearing;

           And whereas the President of Pakistan has, in consultation with Prime Minister, accorded sanction to the amendments in the Punjab Local Government Ordinance, 2001, in terms of clause (2) of Article 268 of the Constitution;

            And whereas the Provincial Assembly is not in session and the Governor is satisfied that the circumstances exist which render it necessary to take immediate action;

            Now, therefore, in exercise of the powers conferred by clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of the Province of Punjab is pleased to make and promulgate the following Ordinance:-

1.         Short title and commencement.-  (1) This Ordinance may be called the Punjab Local Government (Amendment) Ordinance, 2005.

(2)       It shall come into force at once.

2.         Amendment of section 1 of Ordinance XIII of 2001.- In the Punjab Local Government Ordinance, 2001 (Ordinance No. XIII of 2001), hereinafter referred to as the said Ordinance, in section 1, in sub-section (2),-

(a)       after brackets, letters, word, figure and comma “(II of 1924),” the words, commas, figures, brackets and letters “or the Cantonments Ordinance, 2002 (CXXXVIII of 2002),” shall be inserted; and

(b)       for the word “under the said Act” the word “thereunder” shall be substituted.

3.         Amendment of section 2 of Ordinance XIII of 2001.- In the said Ordinance, in section 2,-

(a)       clause (xii) shall be omitted;

(b)       after clause (xx), the following new clause shall be inserted, namely:-

"(xx-a) ‘misconduct’ means transgression of prescribed Code of Conduct or dereliction from duty or deliberate unlawful behaviour or violation of law or rules or lawful directions or orders of Government and includes-

(a)       gross negligence in performance of duties with manifest wrongful intent or evil design;

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

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

(c)        in clause (xli), for the words, comma, figures, brackets and letters “Industrial Relations Ordinance, 1969 (XXIII of 1969)” the words, comma, figures, brackets and letters “Industrial Relations Ordinance, 2002 (XCI of 2002)” shall be substituted.

4.         Amendment of section 8 of Ordinance XIII of 2001.- In the said Ordinance, in section 8, the existing provision shall be re-numbered as sub-section (1) of that section and thereafter the following new sub-section shall be added, namely:-

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

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

5.         Amendment of section 12 of Ordinance XIII of 2001.- In the said Ordinance, in section 12, in sub-section (3), after the words “Union Administration”, the words “and the functions of Tehsil Council shall be performed by the Union Council” shall be added.

6.         Amendment of section 14 of Ordinance XIII of 2001.- In the said Ordinance, in section 14, after sub-section (3), the following new sub-section shall be added, namely:-

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

7.         Amendment of section 18 of Ordinance XIII of 2001.- In the said Ordinance, in section 18, in sub-section (1), in clause (p), the word “to” shall be omitted.

8.         Amendment of section 22 of Ordinance XIII of 2001.- In the said Ordinance, in section 22, in sub-section (1),-

(a)       the words “or suspension” shall be omitted;

(b)       for the word “appointed” the word “elected” shall be substituted; and

(c)        for the proviso the following shall be substituted, namely:-

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

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

9.         Omission of section 23 of Ordinance XIII of 2001.- In the said Ordinance, section 23 shall be omitted.

10.       Amendment of section 24 of Ordinance XIII of 2001.- In the said Ordinance, in section 24,- 

(a)       in the marginal note, for the words “Internal recall” the word “Recall” shall be substituted;

(b)       for sub-section (4) the following shall be substituted, namely:-

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

(c)        sub-section (5) shall be omitted;

(d)       in sub-section (6), for the words “Union Nazims and members of Zila Council” the words and comma “members of the Zila Council and Union Nazim, if any one of them is also a Union Nazim” shall be substituted;

(e)       in sub-section (7), for the brackets and figure “(5)” the brackets and figure “(1)” shall be substituted;

(f)         in sub-section (8), for the colon at the end a full stop shall be substituted and thereafter the proviso shall be omitted; and

(g)       after sub-section (8), amended as aforesaid, the Explanation shall be omitted.

11.       Substitution of section 25 of Ordinance XIII of 2001.- In the said Ordinance, for section 25 the following shall be substituted, namely:-

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

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

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

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

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

12.       Amendment of section 28 of Ordinance XIII of 2001.- In the said Ordinance, in section 28,-

(a)       after the marginal note, full stop and hyphen, the brackets and figure “(1)” shall be inserted; and

(b)       in sub-section (2), for clause (f) the following shall be substituted, namely:-

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

13.       Amendment of section 30 of Ordinance XIII of 2001.- In the said Ordinance, in section 30,-

(a)       in sub-section (2),-

(i)         for the word “all” the word “such” shall be substituted; and
(ii)        after the word “Schedule”, the words “as may be prescribed” shall be added;

(b)       in sub-section (4),-

(i)         for the word “shall” the word “may” shall be substituted; and
(ii)        the words “within seven days and the Government may refer the matter to the Provincial Local Government Commission” shall be omitted; and 

(c)        sub-section (5) shall be omitted.

14.       Insertion of new sections 30A and 30B of Ordinance XIII of 2001.- In the said Ordinance, after section 30, the following new sections shall be inserted, namely:-

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

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

15.       Amendment of section 34 of Ordinance XIII of 2001.- In the said Ordinance, in section 34, clause (b) shall be omitted.

16.       Amendment of section 38 of Ordinance XIII of 2001.- In the said Ordinance, in section 38, after the word “allocation”, the words “with its Secretary as Drawing and Disbursing Officer and Naib Zila Nazim as the Principal Accounting Officer” shall be added.

17.       Amendment of section 39 of Ordinance XIII of 2001.- In the said Ordinance, in section 39,-

(a)       in clause (o), for the brackets and figure “(11)” the brackets and figure “(8)” shall be substituted; and

(b)       in clause (q), for the second proviso the following shall be substituted, namely:- 

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

18.       Amendment of section 40 of Ordinance XIII of 2001.- In the said Ordinance, in section 40, in clause (d), the words “beaches and sea sides” shall be omitted.

19.       Amendment of section 42 of Ordinance XIII of 2001.- In the said Ordinance, in section 42,-

(a)       in sub-section (3), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

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

(b)       for sub-section (4) the following shall be substituted, namely:-

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

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

(c)        for sub-section (5) the following shall be substituted, namely:- 

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

20.       Substitution of section 45 of Ordinance XIII of 2001.- In the said Ordinance, for section 45 the following shall be substituted, namely:-

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

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

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

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

21.       Amendment of section 47 of Ordinance XIII of 2001.- In the said Ordinance, in section 47,-

(a)       in the marginal note, for the words “Recall of a” the words “No confidence motion against” shall be substituted;

(b)       in sub-section (1),-

(i)         after the words “other reason”, the words “he has lost confidence of the Council” shall be added; and

(ii)        for the word “recall” the word “removal” shall be substituted;

(c)        for sub-section (4) the following shall be substituted, namely:-

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

(d)       for sub-section (5) the following shall be substituted, namely:-

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

(e)       in sub-section (6), for the words “Union Nazims and members of Zila Council” the words and comma “members of the Zila Council and Union Nazim, if any one of them is also a Union Nazim” shall be substituted; and 

(f)         in sub-section (7), for the words “appear before the Zila Council and address it” the words “address the Zila Council” shall be substituted.

22.       Amendment of section 48 of Ordinance XIII of 2001.- In the said Ordinance, in section 48,-

(a)       the brackets and figure “(1)” shall be omitted; and

(b)       for the first proviso, the following shall be substituted, namely:- 

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

23.       Amendment of section 50 of Ordinance XIII of 2001.- In the said Ordinance, in section 50,-

(a)       in sub-section (1), the brackets and figure “(1)” shall be omitted; and 

(b)       for the word “Tehsil” the word “Town” shall be substituted.

24.       Insertion of new section 58B of Ordinance XIII of 2001.- In the said Ordinance, after section 58A, the following new section shall be inserted, namely:-

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

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

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

(b)       the Tehsil Municipal Officer in respect of Tehsil Officers:

Provided that the Tehsil Nazim shall be the countersigning officer.”.

25.       Amendment of section 61 of Ordinance XIII of 2001.- In the said Ordinance, in section 61, in sub-section (1), for the proviso the following shall be substituted, namely:-

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

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

26.       Omission of section 62 of Ordinance XIII of 2001.- In the said Ordinance, section 62 shall be omitted.

27.       Amendment of section 63 of Ordinance XIII of 2001.- In the said Ordinance, in section 63,-

(a)       in the marginal note, for the words “Internal recall” the word “Recall” shall be substituted;

(b)       for sub-section (4) the following shall be substituted, namely:-

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

(c)        sub-section (5) shall be omitted;

(d)       in sub-section (6), for the words “Union Nazims and members of Tehsil Council” the words “members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim” shall be substituted; and

(e)       in sub-section (8), for the colon at the end a full stop shall be substituted and thereafter the proviso shall be omitted.

28.       Insertion of new section 64A of Ordinance XIII of 2001.- In the said Ordinance, after section 64, the following new section shall be inserted, namely:-

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

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

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

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

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

29.       Amendment of section 65 of Ordinance XIII of 2001.- In the said Ordinance, in section 65, in sub-section (4), after the word “allocations”, the words “with its Secretary as Drawing and Disbursing Officer and Naib Tehsil Nazim as Principal Accounting Officer” shall be added.

30.       Amendment of section 68 of Ordinance XIII of 2001.- In the said Ordinance, the existing provision shall be renumbered as sub-section (1) of that section and thereafter the following new sub-section shall be added, namely:- 

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

31.       Amendment of section 69 of Ordinance XIII of 2001.- In the said Ordinance, in section 69,-

(a)       in sub-section (3), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

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

(b)       for sub-section (4) the following shall be substituted, namely:-

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

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

(c)        for sub-section (5), the following shall be substituted, namely:-

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

32.       Insertion of new sections 70A and 70B of Ordinance XIII of 2001.-  In the said Ordinance, after section 70, the following new sections shall be inserted, namely:-

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

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

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

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

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

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

33.       Amendment of section 72 of Ordinance XIII of 2001.- In the said Ordinance, in section 72,-

(a)       in the marginal note, for the words “Recall of a” the words “No confidence motion against” shall be substituted; 

(b)       in sub-section (1),-

(i)         after the words “other reason”, the words “he has lost confidence of the Council” shall be added; and

(ii)        for the word “recall” the word “removal” shall be substituted;

(c)        for sub-section (4) the following shall be substituted, namely:-

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

(d)       for sub-section (5) the following shall be substituted, namely:-

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

(e)       in sub-section (6), for the words “Naib Union Nazims of respective Union Councils and as members of Tehsil Council” the words and comma “members of the Tehsil Council and Naib Union Nazim, if any one of them is also a Naib Union Nazim” shall be substituted; and

(f)         in sub-section (7), for the words “appear before the Tehsil Council and address it” the words “address the Tehsil Council” shall be substituted.

34.       Amendment of section 80 of Ordinance XIII of 2001.- In the said Ordinance, in section 80, in clause (e), after the words “Union Administration”,   the words “and shall record the annual Performance Evaluation Report of Union Secretaries and such report shall be countersigned by the Tehsil Municipal Officer” shall be inserted.

35.       Insertion of new section 82A of Ordinance XIII of 2001.- In the said Ordinance, after section 82, the following new section shall be inserted, namely:-

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

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

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

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

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

36.       Omission of section 84 of Ordinance XIII of 2001.- In the said Ordinance, section 84 shall be omitted.

37.       Amendment of section 85 of Ordinance XIII of 2001.- In the said Ordinance, in section 85,-

(a)       in the marginal note, for the words “Internal recall” the word “Recall” shall be substituted;

(b)       for sub-section (4) the following shall be substituted, namely:-

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

(c)        sub-section (6) shall be omitted; and

(d)       in sub-section (7), for the words “appear before the Union Council and address it” the words “address the Union Council” shall be substituted.

38.       Amendment of section 87 of Ordinance XIII of 2001.- In the said Ordinance, in section 87, in sub-section (1),-

(a)       for the word “twenty-one” the word “thirteen” shall be substituted;

(b)       in clause (a),-

(i)         for the word “twelve” the word “six” shall be substituted; and

(ii)        for the word “four” the word “two” shall be substituted;

(c)        in clause (b), for the word “six” the word “four” shall be substituted; and

(d)       for the proviso the following shall be substituted, namely:-

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

39.       Amendment of section 89 of Ordinance XIII of 2001.- In the said Ordinance, in section 89,-

(a)       in sub-section (3), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

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

(b)       in sub-section (7), for the word “officer” the word “official” shall be substituted.

40.       Insertion of new sections 89A and 89B of Ordinance XIII of 2001.- In the said Ordinance, after section 89, the following new sections shall be inserted, namely:-

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

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

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

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

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

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

41.       Amendment of section 91 of Ordinance XIII of 2001.- In the said Ordinance, in section 91, for the words “Zila Nazim” the words “Naib Tehsil Nazim” shall be substituted.

42.       Amendment of section 92 of Ordinance XIII of 2001.- In the said Ordinance, in section 92,-

(a)       for sub-section (4) the following shall be substituted, namely:-

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

(b)       in sub-section (6), for the words “District Government” the words “Chief Election Commissioner” shall be substituted;

(c)        in sub-section (7), for the words “appear before the Union Council and address it” the words “address the Union Council” shall be substituted; and

(d)       after sub-section (8), the following new sub-section shall be added, namely:-

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

43.       Amendment of section 93 of Ordinance XIII of 2001.- In the said Ordinance, in section 93, for the words and comma “Within ninety days of the assumption of office, upon” the word “Upon” shall be substituted.

44.       Amendment of section 95 of Ordinance XIII of 2001.- In the said Ordinance, in section 95- 

(a)       in sub-section (1), for the words and comma “shall, within ninety days” the word “may” shall be substituted; and

(b)       in sub-section (3), for the word “shall” the word “may” shall be substituted.

45.       Amendment of section 109 of Ordinance XIII of 2001.- In the said Ordinance, in section 109, after sub-section (7), the following new sub-section shall be added, namely:-

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

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

46.       Amendment of section 111 of Ordinance XIII of 2001.- In the said Ordinance, in section 111, after sub-section (6), the following new sub-section shall be added, namely:- 

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

47.       Amendment of section 112 of Ordinance XIII of 2001.- In the said Ordinance, in section 112, in sub-section (3), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- 

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

48.       Amendment of section 114 of Ordinance XIII of 2001.- In the said Ordinance, in section 114,-

(a)       in sub-section (1), in the proviso, for the comma and words “, till such time the adequate capacity is developed to conform to the national accounting system prescribed” the words “for such period as may be determined” shall be substituted; and 

(b)       in sub-section (6), in clause (a), for the words, brackets and figure “sub-section (3)” the words, brackets and figure “sub-section (5)” shall be substituted.

49.       Amendment of section 115 of Ordinance XIII of 2001.- In the said Ordinance, in section 115,-

(a)       in sub-section (1), in the proviso, for the words “till such time the adequate capacity is developed to conform to the national audit system notified” the words “for such period as may be determined” shall be substituted; and

(b)       after sub-section (9), the following new sub-section shall be added, namely:-

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

50.       Amendment of section 115A of Ordinance XIII of 2001.- In the said Ordinance, in section 115A, in sub-section (1),-

(a)       for the word “may” the word “shall” shall be substituted; and 

(b)       after the word “Auditor”, the words “as may be prescribed” shall be added.

51.       Substitution of section 116 of Ordinance XIII of 2001.- In the said Ordinance, for section 116, the following shall be substituted, namely:-

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

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

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

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

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

52.       Amendment of section 118 of Ordinance XIII of 2001.- In the said Ordinance, in section 118, in sub-section (1), for the colon at the end a full stop shall be substituted and thereafter the provisos shall be omitted.

53.       Amendment of section 120E of Ordinance XIII of 2001.- In the said Ordinance, in section 120E, in sub-section (2), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:-

“Provided that the Provincial Allocable Amount reflected in the annual Budget proposals of the Province shall be in accordance with the Order specified in sub-section (6) of section 120D.”.

54.       Amendment of section 124 of Ordinance XIII of 2001.- In the said Ordinance, in section 124, in sub-section (2), in the first proviso, the  words “for periods not exceeding five years at a time” shall be omitted.

55.       Amendment of section 128 of Ordinance XIII of 2001.- In the said Ordinance, in section 128,-

(a)       in sub-section (1), the word “Zila” shall be omitted; and

(b)       in sub-section (2),-

(i)         the word “Zila” shall be omitted;

(ii)        for the words “Inspector General Police” the words “Provincial Police Officer” shall be substituted; and

(iii)       for the full stop at the end a colon shall be substituted and thereafter the following provisos shall be added, namely:- 

“Provided that where a grave threat to law and order exists and requires immediate action and the Zila Nazim wilfully abstains from the district, the Government may authorize, in writing, the Naib Zila Nazim or, where the Naib Zila Nazim is also not available, the senior most Presiding Officer of the Zila Council, to act as officiating Zila Nazim:

Provided further that such authorization shall cease forthwith upon the return of Zila Nazim to his office.”.

56.       Substitution of section 129 of Ordinance XIII of 2001.- In the said Ordinance, for section 129 the following shall be substituted, namely:-

“129.   Suspension of a Nazim, etc.-  (1)  Where, in the opinion of the Chief Executive of the Province, a Nazim is deliberately avoiding or abstaining wilfully or failing to comply with the directions given by the Chief Executive under section 128, he may suspend the Nazim for a period not exceeding ninety days for the reasons to be recorded and conveyed to the Nazim.

(2)       During the period of suspension, the Government shall cause to be conducted an enquiry by the Provincial Local Government Commission which shall provide an opportunity of personal hearing to the suspended Nazim.

(3)       The Provincial Local Government Commission shall submit its report of the enquiry alongwith its recommendations which may include removal of the Nazim to the Chief Executive of the Province for appropriate action in light of such recommendations as he may deem appropriate.

(4)       In case no decision is taken within ninety days from the date of suspension of the Nazim, he shall stand re-instated to his office.

(5)       During the period of suspension of the Nazim, the Naib Nazim shall act as Nazim.”.

57.       Amendments of section 131 of Ordinance XIII of 2001.- In the said Ordinance, in section 131,-

(a)       in sub-section (4), after the words “functioning of the Commission” the words “by establishing a separate Secretariat of the Commission with sections for each level of local government that is District, Tehsil and Union levels” shall be added;

(b)       in sub-section (6), for the word “funds” the words “a separate budget” shall be substituted; and

(c)        after sub-section (6), the following new sub-sections shall be added, namely:-

“(7)      The Government shall notify the organogram and schedule of establishment of the Provincial Local Government Commission.

(8)       The Secretary of the Provincial Local Government Commission shall be the Principal Accounting Officer and the Commission shall have its own Drawing and Disbursing Officer.

(9)       The Provincial Departments shall aid and assist the Provincial Local Government Commission in performance of its functions.”.

58.       Amendment of section 132 of Ordinance XIII of 2001.- In the said Ordinance, in section 132,-

(a)       the existing provision shall be re-numbered as sub-section (1) of that section;

(b)       in sub-section (1), re-numbered as aforesaid,-

(i)         in clause (e), the word “and” at the end shall be omitted; and

(ii)        in clause (f), for the full stop at the end a semi-colon shall be substituted and thereafter the following new clauses shall be added, namely:- 

“(g)      take cognizance of violations of laws and rules by a local government in performance of its functions;

(h)        organize consultative planning meetings of National and Provincial legislators, Zila, Tehsil or Town Nazims of a district on a periodic basis to provide their participation in development activities of the district with regard to-

(i)         the consultative process of the Annual Development Plan of the district;

(ii)        formulating procedure for utilization of the Legislators’ development grant;

(iii)       assessing implementation of decision of these meetings; and

(iv)       carrying out review of development schemes; and

(i)         facilitate the performance of Provincial departmental functions of the decentralized offices relating to policy analysis, oversight, checks and balances, capacity building and coordination through the Commission.”; and

(c)        after sub-section (1), the following new sub-sections shall be added, namely:-

“(2)      The directions and orders of the Provincial Local Government Commission arising out of its inspections and inquiries under clauses (a), (b) and (c) of sub-section (1) shall be binding on the concerned local government failing which the Commission shall report the matter with specific recommendations to the Chief Executive of the Province for decision and appropriate action.

(3)       Where the Provincial Local Government Commission is of opinion that suspension of a Nazim is necessary for the fair conduct of the enquiry under clause (b) of sub-section (1) or preventing the Nazim from continuing with any unlawful activity during the pendency of enquiry, it may recommend to the Chief Executive of the Province for making appropriate order for suspension of such Nazim for a maximum period of ninety days.

(4)       Where, on an inquiry under clause (b) of sub-section (1), a Nazim, Naib Nazim or a member of a Council is found guilty of misconduct by the Provincial Local Government Commission, it shall recommend appropriate action, including his removal, to the Chief Executive of the Province.

(5)       The Provincial Local Government Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedures, 1908 (Act V of 1908), in respect of the following matters, namely:-

(a)       summoning and enforcing the attendance of any person and examining him on oath;

(b)       compelling the production of documents;

(c)        receiving evidence on affidavits; and 

(d)       issuing commission for the examination of witnesses.”.

59.       Insertion of new section 133A of Ordinance XIII of 2001.- In the said Ordinance, after section 133, the following new section shall be inserted, namely:- 

“133A. Restructuring of Provincial Departments.-  Administrative realignment of Provincial departments shall be made in compatibility with the features of Devolution Plan ensuring the principles of good governance not later than the 31st December, 2005.”.

60.       Amendment of section 135 of Ordinance XIII of 2001.- In the said Ordinance, in section 135, in sub-section (4), for the words and figures “initiate proceedings for recall against such Nazim as provided in sections 62 and 84” the words “refer the matter to the Provincial Local Government Commission for appropriate action” shall be substituted.

61.       Amendment of section 136 of Ordinance XIII of 2001.- In the said Ordinance, in section 136, after sub-section (1), the following new sub-section shall be inserted, namely:- 

“(1A)   Where the Zila Nazim is not satisfied with the conduct of enquiry carried out under sub-section (1), he may arrange for an independent enquiry by an officer of the District Government.”.

62.       Insertion of new Chapter XVA of Ordinance XIII of 2001.-  In the said Ordinance, after Chapter XV, the following new Chapter shall be inserted, namely:-

“CHAPTER XVA
DISTRICT SERVICE

140A. Creation of District Service.- Notwithstanding anything contained in any other law, rules or service contract for the time being in force, the Government shall, in every district, create a District Service comprising all posts of local governments grouped into district and tehsil cadres for decentralized local government functions and groups of offices with adequate monetary benefits and incentives for promotion and performance not later than the 31st December, 2005.”.

63.       Substitution of Chapter XVI of Ordinance XIII of 2001.- In the said Ordinance,  for Chapter XVI the following shall be substituted, namely:-

“CHAPTER XVI
LOCAL GOVERNMENT RESPONSIBILITY
FOR ENFORCEMENT OF LAWS

141.    Offences, punishments and their cognizance.- (1) The offences specified in the Fourth and Eighth Schedules shall be liable to punishment by way of imprisonment, fine, seizure, forfeiture, confiscation and impounding and such other penalties as are provided in this Ordinance.     

(2)       Whoever commits any of the offences specified in-

(a)       Part-I of the Fourth Schedule shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fifteen thousand rupees, or with both and, where an accused was directed by the Inspector for immediate discontinuance of the offence, the Court may impose a further fine which may extend to one thousand rupees for every day for the period the accused has persisted in the offence from the date of its commission;

(b)       Part-II of the Fourth Schedule shall be punishable with imprisonment which may extend to six months and fine which may extend to five thousand rupees, or with both and, where an accused was directed by the Inspector for immediate discontinuance of the offence, the Court may impose a further fine which may extend to two hundred rupees for every day for the period the accused has persisted in the offence from the date of its commission; and

(c)        the Eighth Schedule shall in the first instance, be liable to fine by issuing a ticket specified in the Ninth Schedule and, where an accused repeats the offence within a period of three months for which he was subjected to fine, he shall be liable to the same punishment as provided in clause (b):

Provided that the concerned Nazim may, with the approval of the Council and by notification in the official Gazette, exempt any area from the application of this provision in respect of such offences and for such period as may be specified therein.

(3)       The offences specified in clause (a) of sub-section (2) shall be cognizable and information in this regard shall be forwarded to the officer incharge of a police station by the Inspector for registration of a case against the accused in accordance with the provisions of section 154 of the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter in this Chapter referred to as the “Code”.

(4)       A Court shall take cognizance of the offences specified in clause (b) of sub-section (2) on a complaint made in writing by the Inspector in accordance with the provisions of section 200 of the Code.

(5)       The offences specified in Part-II of the Fourth Schedule and Eighth Schedule shall be tried in a summary manner in accordance with the provisions of section 260 to 265 of the Code, except sub-section (2) of section 262 thereof.

(6)       The laws specified in the Tenth Schedule shall be enforced by the local governments indicated against each.

(7)       The Federal Government or Provincial Government may, by notification in the official Gazette, entrust to a local government the enforcement of any other law for the time being in force.

(8)    The fines collected under sub-section (6) and sub-section (7) shall be deposited under separate receipt head in the Public Account of the concerned local government.

(9)       The Government shall appoint one or more Magistrates of the First Class at the headquarters of a tehsil or town, who shall function exclusively under the Sessions Judge and not perform any executive function, to deal with the cases relating to local and special laws, and the offences under this Ordinance.

Explanation.- For the purpose of this Chapter, the “Court” shall mean the Court of a Magistrate of the First Class appointed under the Code.

142.    Appointment and control of Inspectors.- (1)  The concerned Nazim shall, on the recommendations by the officers specified in the third column of the Fourth Schedule and fourth column of the Eighth Schedule indicating the number of Inspectors required to exercise jurisdiction over the specific category or categories of offences in the assigned area designated as blocks or wards and with the approval of the concerned Council, authorize the officials of the local government as Inspectors for enforcement of the offences specified in such Schedules:

Provided that it shall not affect the appointment of the Inspectors appointed of the local governments before coming into the force of this Chapter against any sanctioned post with the express function of inspection by whatever designation may be, and such Inspectors shall be deemed to be Inspectors under this Ordinance.

(2)       The officials specified against each offence in the third column of the Fourth Schedule and fourth column of the Eighth Schedule shall be the controlling authority and administrative head of the Inspectors notified for such offence and the Inspectors shall report to him only for the enforcement of provisions of this Chapter notwithstanding to which ever office of a local government they may belong:

Provided that a Tehsil or Town Municipal Administration may request the District Government for providing district officials required to conduct inspection functions specified for tehsil or, as the case may be, town in the third column of the Fourth Schedule and fourth column of the Eighth Schedule and District Government shall ordinarily notify such officials for conducting inspection functions:

Provided further that the tehsil and town officers specified in the Fourth and Eighth Schedules shall recommend the available officials of decentralized Public Health Engineering Department and Housing and Physical Planning Department for performing inspection functions in tehsil and town before additional requirements are requested from the District Government.

143.    Imposition of fine through ticketing.-  (1)  Where any person, in the opinion of an Inspector, is contravening any provision of the law relating to the offences specified in the Eighth schedule, the Inspector shall charge the accused by issuing a ticket for payment of fine specified in the Ninth Schedule, if such offence has been committed for the first time in three months.

(2)       The ticket referred to in sub-section (1) shall be issued in quadruplicate by delivering three copies to the accused after obtaining his signatures or thumb impression on the fourth copy to be retained by the Inspector for record.

(3)       The payment of fine may be deposited in the assigned Post Office or a branch of the National Bank of Pakistan empowered to receive local government dues by the respective local government to which the offence relates in the Eighth Schedule, or the designated local government accountant located in the area of jurisdiction of the Inspector issuing the ticket within the period of ten days from the date of imposition of fine for credit in a separate receipt head of account in the Public Account of the concerned local government:

Provided that an accused may contest the imposition of fine in the Court within such period of ten days.

(4)       The Bank or Post Office or the designated local government accountant of the respective local government receiving the fine shall provide two copies of the ticket to the accused with endorsement of receipt of amount of fine and forward one copy to the concerned local Accounts Officer.

(5)       The accused shall deliver one copy of duly paid ticket to the concerned Inspector within ten days.

(6)       The fines imposed by a Court for the offenses specified in the Fourth Schedule shall on collection be deposited under a separate receipt head in the Public Account of the concerned local government.

144.  Performance bonuses for Inspector, etc.- (1) The total amount collected on account of fines and penalties, including those imposed by the Court, shall be utilized as under:-

(a)       twenty-five percent thereof shall be paid by the accountant of the respective local government as an incentive bonus to the Inspectors ratably according to the amount recovered against the fines imposed by each Inspector and as a result of prosecution or fines initiated by him:

Provided that such payments to the Inspector shall be included as an addition in the pay slip at the time of payment of pay of the month following the month in which the fines are realized;

(b)       twenty-five percent thereof shall be set apart for improvement of the regulatory functions of the system of imposition of fines, including accounting, record-keeping, computerization, mobility, police functions and any other expenditure relating to adjudication procedure; and

(c)        out of the remaining fifty percent thereof, expenditures shall be incurred on the compilation, printing, distribution and other incidentals required for the District Enforcement Gazette and the balance amount shall be transferred to the concerned Local Fund at the end of the financial year.

(2)       The Principal Accounting Officers of the local governments with the approval of the concerned Nazim shall incur expenditure from the Public Account relating to the fines.

145.    Court proceedings for default in deposit of fine, etc.- (1)  The officer designated to enforce offences in the Eighth Schedule shall daily provide to the Court of competent jurisdiction a scroll of all fine tickets issued by Inspectors under his administrative control which remain unpaid on the eleventh day from the issuance of such fine ticket.

(2)       The Court of competent jurisdiction receiving the scroll shall issue summons to the accused forthwith stating date of hearing for summary trial in accordance with the provisions of section 260 to 265 of the Code, except sub-section (2) of section 262 thereof.

(3)       Where on the first date of hearing, the accused appears before the Court and produces the proof of deposit of fine, or unconditionally admitting his failure, deposits the fine forthwith alongwith the penalty which shall not be less than ten percent and not more than twenty five percent of the amount of fine determined by the Court in accordance with the procedure provided in sub-section (2) of section 388 of the Code further proceedings against the accused may be dispensed with and no conviction shall be recorded against him.

(4)       Upon the failure of the accused to appear before the Court in response to summons issued by it, the Court shall forthwith issue warrants for arrest of the accused and upon the issuance of such warrant the accused will be liable to punishment under clause (b) of sub-section (2) of section 141, with or without surety.

146.    Compounding of offences.-  Subject to any other provision of this Ordinance, a committee comprising the concerned Nazim as its Chairman, an officer of the concerned Administration and a member of the Council to be nominated by the concerned Council as its members, may, at any time or after the commission of offence but before the conclusion of proceedings in the Court, compound any offence under this Ordinance:

Provided that no case in respect of any offence pending adjudication before a Court shall be compounded except with the permission of the Court:

Provided further that an offence shall not be compounded where the accused has been served a notice forbidding him from continuing with the violation or contravention of any provision of this Ordinance:

Provided also that the accused shall be given an opportunity of being heard before passing an order or taking any action adverse to his interest.

146A.  Appeals, etc.- The decision and orders of the Court shall be appealable and subject to revision in accordance with the provisions of the Code.

146B. Registers, monthly reports, etc.-  (1)  The Inspector shall maintain record of offences in which tickets were issued, the cases which were not contested or contested before the Court, complaints were filed for prosecution, the recovery of fines, punishment awarded and similar ancillary matters in Register Numbers 1 to 12 given in Form-A of the Eleventh Schedule.

(2)       The Inspector shall furnish monthly reports on the fifth day of each month regarding the enforcement activities within the area of his jurisdiction on the basis of entries of the Register maintained in Form-A to the concerned Nazim, District Coordination Officer and Accounts Officer through his officer in-charge in Form-B specified in the Eleventh Schedule.

(3)       The officer in-charge of the police station on the fifth day of each month shall, through the Head of District Police submit report in Form-C specified in the Eleventh Schedule in respect of cases registered in the police station on the complaint of an Inspector or a person authorized under this Ordinance and any warrants issued or arrests caused in pursuance thereof, and the punishments awarded in each case during the preceding month to the concerned Nazim and District Coordination Officer.

(4)       The District Coordination Officer shall, on the basis of reports received by him under sub-sections (2) and (3), compile and cause publication of the monthly District Enforcement Gazette by twentieth day of each month.

146C.  Police support to Inspectors, etc.- In additn to the Police support which may be requested by an Inspector under the provisions of Article 34 of the Police order, 2002 (Chief Executive’s Order No. 22 of 2002), a local government may requisition a Police contingent on deputation or payment of charges in accordance with Article 30 of the said Order.

146D.  General powers of Inspectors.-  (1)  In case of any serious threat to the public health, safety or welfare or danger to life and property, the Inspector may, in his area of jurisdiction, in addition to imposition of fine or initiating prosecution under this Ordinance,-

(a)       suspend any work;

(b)       seize the goods;

(c)        seal the premises;

(d)       demolish or remove work; and

(e)       issue directions for taking corrective measures in the time specified  by him:

Provided that no Inspector shall enter any residential premises save with the permission of the occupier or owner or Court.

(2)       An Inspector authorized under section 142 shall have the powers in relation to the offences specified in the Fourth Schedule to-

(a)       issue notices in writing on behalf of the respective local government served, either personally or through registered post with acknowledgement due or by any official of the local government, in order to restrain violations or commission of any offence forthwith;

(b)       initiate legal proceedings in the competent Court where any person fails to comply with the directions contained in the notice issued under clause (a); and

(c)        assist in defending any legal proceedings initiated against the local government.

146E. Application of the Code.-  The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, mutatis mutandis, apply to all proceedings under this Chapter particularly in matters relating to issuing of summons, warrants and other processes for securing attendance of the accused, bail, trial, appeals, revisions and execution of the decision of the Court.

147. Rights of citizen not affected.-  Nothing contained in this Chapter shall restrict or limit the right of the citizens or residents of a local area to bring any suit or other legal proceeding against any local government, its officers or other functionaries violating his rights available to him under any law for the time being in force or to claim damages or such remedy through a suit under the provisions of the Code of Civil Procedure, 1908 (Act V of 1908).”.

64.       Substitution of section 148 of Ordinance XIII of 2001.- In the said Ordinance, for section 148 the following shall be substituted, namely:-

“148.   Franchise.-  (1)  Members of a Union Council, including Union Nazim and Naib Union Nazim shall be elected through direct elections based on adult franchise and on the basis of joint electorate.

(2)       The electoral college for the election of Zila Nazim and reserved seats of women, peasants and workers, and minorities in the Zila Council shall be all the members of Union Councils in the District, including Union Nazims and Naib Union Nazims.

(3)       The electoral college for the election of a Tehsil Nazim, Town Nazim and reserved seats of women, peasants and workers, and minorities in the Tehsil Council and Town Council shall be all the members of the Union Councils in the Tehsil or, as the case may be, Town, including Union Nazims and Naib Union Nazims:

Provided that for the election for reserved seats for women in Zila Council proportionately divided among Tehsils or Towns shall be all members of the Union Councils in a Tehsil or, as the case may be, Town. 

Explanation.- For the purpose of this section, all members of Union Councils notified as returned candidates in the elections held under this Ordinance shall be deemed to be members of the electoral college.”.

65.       Amendment of section 150 of Ordinance XIII of 2001.- In the said Ordinance, in section 150,-

(a)       in sub-section (2), after the words “electoral rolls”, the words “and disposal of election petitions and other disputes” shall be added; and

(b)       in sub-section (4), for the word “three” the word “four” shall be substituted.

66.       Substitution of section 151, Ordinance XIII of 2001.- In the said Ordinance, for section 151, the following shall be substituted, namely:-

“151. Delimitation of electoral wards.- (1)  The electoral ward for the election of a Zila Nazim shall be a District, for a Tehsil Nazim, a Tehsil, for a Town Nazim, a Town, and for a Union Nazim and a Naib Union Nazim, a Union.

(2)       The electoral ward for the election of a Naib Zila Nazim, Naib Tehsil Nazim and Naib Town Nazim shall be the respective Council.

(3)       The Union shall be a multi-member ward for election of members of a Union Council.”.

67.       Substitution of section 154 of Ordinance XIII of 2001.- In the said Ordinance, for section 154 the following shall be substituted, namely:-

“154.   Elections of Nazims etc.-  (1)  A  candidate for the office of Zila Nazim and a Tehsil Nazim or a Town Nazim securing highest number of votes in their respective wards against other candidates shall be declared elected. 

(2)       A Union Nazim and Naib Union Nazim as joint candidates securing highest number of votes in their electoral ward against other joint candidates shall be declared elected.”.

68.       Amendment of section 156 of Ordinance XIII of 2001.- In the said Ordinance, in section 156,-

(a)       in sub-section (3), after the word “by-elections”, the words “for the vacant seats of members of Councils” shall be inserted;

(b)       for sub-section (5) the following shall be substituted, namely:-

“(5)      A vacancy of Zila Nazim, Tehsil Nazim or Town Nazim, as the case may be, shall be filled through by-election within one hundred and twenty days of the occurrence of vacancy as provided in sub-sections (2) and (3) of section 148.”;

(c)        for sub-section (7) the following shall be substituted, namely:-

“(7)      When the office of a Union Nazim or Naib Union Nazim falls vacant, the members of concerned Council shall, by a majority vote, elect an officiating Union Nazim or, as the case may be, Naib Union Nazim from amongst its members and the person so elected shall continue to retain his office as a member as well:

Provided that the officiating Nazim or the Naib Nazim shall not be a candidate in the by-election to be held for the Union Nazim or, as the case may be, Naib Union Nazim.”; and

(d)       after sub-section (7), the following new sub-sections shall be added, namely:-

“(8)      A vacancy of Naib Zila Nazim, Naib Tehsil Nazim or Naib Town Nazim, as the case may be, shall be filled in within ten days from the date of occurrence of the vacancy.”.

69.       Amendment of section 158 of Ordinance XIII of 2001.- In the said Ordinance, in section 158,-

(a)       the existing provision shall be re-numbered as sub-section (1) of that section; and

(b)       after sub-section (1), re-numbered as aforesaid, the following new sub-section shall be added, namely:-

“(2)      Nothing in sub-section (1) shall apply to a Union Nazim or Naib Union Nazim, becoming members of the Zila Council or Tehsil Council, or the members elected against reserved seats in the Zila Council or Tehsil Council, or being elected as Naib Zila Nazim or, as the case may be, Naib Tehsil Nazim.”.

70.       Substitution of section 159 of Ordinance XIII of 2001.- In the said Ordinance, for section 159 the following shall be substituted, namely:-

“159. Term of office.-  (1)  The term of office of local governments in a district shall be four years commencing from the date of the notification of assumption of office by respective Councils:

Provided that a local government, notwithstanding the expiry of its term of office, shall continue to hold office until the successor local government assumes office.

(2)       The Government shall notify the assumption of offices by Nazims, Naib Nazims and members of the Councils.

(3)       A Zila Nazim, Tehsil Nazim, Town Nazim, Union Nazim and Naib Union Nazim shall not hold the same office for more than two consecutive terms.”.

71.       Omission of section 163 of Ordinance XIII of 2001.- In the said Ordinance, section 163 shall be omitted.

72.       Insertion of new section 179A of Ordinance XIII of 2001.- In the said Ordinance, after section 179, the following new section shall be inserted, namely:-

“179A.  Conduct of elections.- (1)  Notwithstanding anything contained in this Ordinance, for the elections to be held in the year two thousand and five, immediately on notification of the Schedule of Elections in a district or districts by the Chief Election Commissioner, the Zila Council, Tehsil Councils, Town Councils and Union Councils in such district or districts shall stand dissolved and all Nazims, Naib Nazims and members of the Councils shall cease to hold their respective offices.

(2)       Within twenty-four hours of the announcement of the Schedule for local government elections by the Chief Election Commissioner, the Provincial Chief Secretary shall appoint government officers as Care-takers to perform the functions and exercise the powers of the Nazims of the respective local governments till the newly elected Nazims take oath of their offices.

(3)       The elected members of Zila Council, Tehsil Councils, Town Councils, Union Councils and Zila Nazim, Tehsil Nazims, Town Nazims and Union Nazims shall assume the charge of their respective offices within seven days of the Notification of the result of district and tehsil level elections by the Chief Election Commissioner under section 164 of this Ordinance.

(4)       During the election period the Care-takers provided in sub-section (2) are looking after the affairs of the local governments, no new development scheme shall be initiated nor shall the Government or the Care-takers or any other officer of a local government make posting and transfer of any officer or official of the local government without the prior approval of the Chief Election Commissioner. 

(5)       This section shall only be for the local government elections held in the year two thousands and five and shall cease to have any effect and be deemed to be omitted from this Ordinance forthwith on the completion of assumption of offices referred to in sub-section (3).”.

73.       Amendment of section 193A of Ordinance XIII of 2001.- In the said Ordinance, in section 193A, for the words “local government may delegate any of its” the words “Nazim may delegate any of his” shall be substituted.

74.       Substitution of sections 195 of Ordinance XIII of 2001.- In the said Ordinance, for section 195 the following shall be substituted, namely:-                                                            

“195. General powers of local governments, etc.-  (1) Notwithstanding any specific provision of this Ordinance, every local government, Village Council and Neighbourhood Council shall perform their functions conferred by or under this Ordinance and in performance of their respective functions shall exercise such powers and follow such procedures as are enumerated in the Sixth Schedule.”.

75.       Addition of new section 198 of Ordinance XIII of 2001.- In the said Ordinance, after section 197, the following new section shall be added, namely:- 

“198. Amendment of Schedules.- The Government may, by notification in the official Gazette, amend or vary the fines specified in the Eighth Schedule or add or exclude any offence from the Fourth and Eighth  Schedules.”.

76.       Substitution of Fourth Schedule of Ordinance XIII of 2001.- In the said Ordinance, for the Fourth Schedule the following shall be substituted, namely:-

“FOURTH SCHEDULE
[See sections 141, 142, 143 and 147]
LIST OF OFFENCES WITH ENFORCEMENT JURISDICTION
REQUIRING COURT TRIAL
PART-I

77.       Amendment of Sixth Schedule of Ordinance XIII of 2001.- In the said Ordinance, in the Sixth Schedule,-

(a)       in paragraph (9),-

(i)         in sub-paragraph (3), in clause (b), for the full stop at the end a semi-colon and the word “;and” shall be substituted and thereafter the following new clause shall be added, namely:-

“(c)      require the owner or person in-charge of any dog-

(i)         to restrain it so that it is not set at large in any street without being muzzled, leashed or chained; and

(ii)        to provide immediate information, if the dog belonging to him has been bitten by any animal suffering or reasonably suspected to be suffering from rabies or any other infectious disease.”; and

(ii)        sub-paragraphs (5) and (6) shall be omitted;

(b)       for paragraph 22 the following shall be substituted, namely:-

“22.     Digging of Public Land.- No person shall without the permission in writing of the concerned local government dig up the surface of any open space which is not a private property or take out earth therefrom.”;

(c)        in paragraph 31,-

(i)         for the words and comma “Whoever begins, continues or completes” the words and comma “No person shall begin, continue or complete” shall be substituted; and

(ii)        the words “shall be punishable with fine as prescribed” shall be omitted;

(d)       in paragraph 34, in sub-paragraph (6),      the words, commas and full stop “Any person who fails, without reasonable cause, to comply with a requisition made upon him under this paragraph shall be punishable with such fine as may be prescribed by the concerned local government and in the case of a continuing offence, to an additional fine for every day after the first during which the failure has continued.” shall be omitted;

(e)       in paragraph 53, sub-paragraph (3) shall be omitted;

(f)         in paragraph 55,-

(i)         in the marginal heading for the words “Penalty for” the words “Prohibition of” shall be substituted; and

(ii)        in sub-paragraph (1),-

(a)       for the words “Any person who keeps” the words “No person shall keep” shall be substituted; and

(b)       the commas and words “, shall be punishable with fine as prescribed and, in the case of a continuing offence, with an additional fine for every day after the first during which the offence is continued” shall be omitted;

(g)       in paragraph 56,-

(i)         in the marginal heading for the words “Penalty for” the words “Prohibition of” shall be substituted;

(ii)        for the word “Whoever” the words “No person shall” shall be substituted;

(iii)       for the words “sells or exposes” the words “sell or expose” shall be substituted; and

(iv)       the commas and words “, shall be punishable with fine as prescribed and in the case of a continuing offence, with an additional fine for every day after the first during which the offence is continued” shall be omitted;

(h)        for paragraph 62 the following shall be substituted, namely:-

“62.     Feeding animals on dirt, etc.-  No person shall feed or allow to be fed on filthy or deleterious substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be used for human consumption or allow it to graze in any place in which grazing has, for sanitary reasons, been prohibited by public notice by the local government.”;

(i)         in paragraph 63, sub-paragraph (4) shall be omitted;

(j)         for paragraph 66 the following shall be substituted, namely:-

“66.     Carrying on trade, etc., without licence or in contravention of paragraph 65.-  No person shall carry on any trade, calling or occupation for which a licence is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, or , after receiving a notice under paragraph 65, use or allow to be used any building or place in contravention thereof.”; and

(k)        in paragraph 88, sub-paragraph (3) shall be omitted.”.

78.       Addition of new Eighth, Ninth, Tenth and Eleventh Schedules, Ordinance XIII of 2001.- In the said Ordinance, after the Seventh Schedule, the following new Schedules shall be added, namely:-

“EIGHTH SCHEDULE
[See sections 141, 142, 143 and 145]
OFFENCES WHERE TICKET CAN BE ISSUED

NINTH SCHEDULE
[See sections 141 and 143]
FORM OF TICKET

TENTH SCHEDULE
[See section 141(6)]

ELEVENTH SCHEDULE
[See section 146B]
LOCAL GOVERNMENT ENFORCEMENT SYSTEM
DISTRICT ENFORCEMENT GAZETTE

FORM A – REGISTERS TO BE MAINTAINED BY INSPECTORS

1.                  NON-CONTESTED TICKETS

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

2.                  CONTESTED TICKETS

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

3.                  UNCONTESTED UNPAID FINES AND UNRECTIFIED ACTIONS IMPOSED BY INSPECTOR    

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

4.                  NOTICES FOR OFFENCES UNDER FOURTH SCHEDULE PART I ISSUED BY INSPECTOR

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

5.                  NON-COMPLIANCE OF NOTICES ISSUED BY INSPECTOR UNDER FOURTH SCHEDULE PART I

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

6.                  NOTICES FOR OFFENCES UNDER FOURTH SCHEDULE PART II ISSUED BY INSPECTOR

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

7.                  NON-COMPLIANCE OF NOTICES ISSUED BY INSPECTOR UNDER FOURTH SCHEDULE PART II

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

8.                GOODS SEIZED, IMPOUNDED, CONFISCATED ETC. BY INSPECTORS

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

9.                GOODS SEIZED, IMPOUNDED, CONFISCATED ETC. BY INSPECTORS

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

10.             COMPOUNDING 

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

11.             SEARCH WARRANTS FOR ENTRY INTO RESIDENTIAL PREMISES 

NAME OF INSPECTOR ______________________          AREA ____________________  NAME OF LOCAL GOVERNMENT ______________

12.           COMPLAINTS REGISTERED BY CITIZENS 

NAME OF OFFICE / OFFICIAL WHERE COMPLAINT REGISTERED  ___________________________    

13.             INCENTIVES PROVIDED TO INSPECTORS 

NAME OF LOCAL GOVERNMENT  ___________________________ 

FORM C – REPORT TO BE SENT BY OFFICER INCHARGE OF POLICE STATION THROUGH
HEAD OF DISTRICT POLICE TO CONCERNED NAZIM AND DCO

1.        INFORMATION RELATING TO COMPLAINTS SENT BY INSPECTORS TO OFFICER INCHARGE OF POLICE STATION

NAME OF POLICE STATION ______________________             NAME OF LOCAL GOVERNMENT ______________

2.                  INFORMATION RELATING TO WARRANTS OF ARRESTS ISSUED BY COURTS TO OFFICER INCHARGE OF POLICE STATION 

NAME OF POLICE STATION ______________________             NAME OF LOCAL GOVERNMENT ______________

Dated: 06.06.2005                                                                                      LT. GEN. (RETD) KHALID MAQBOOL
                                                                                                                 GOVERNOR OF THE PUNJAB

Shah Ahmed Farooq          
Secretary to Government of Punjab         
Law & Parliamentary Affairs Department