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EXTRAORDINARY
PUBLISHED BY AUTHOHIW

ISLAMABAD, THURSDAY AUCUST 6, 2OI5

.PART
I

Act!, Ordiranc6. PEsidetrl's Ordcrs .trd Regulatiotrs

NATIONAL ASSEMBLY SECRETARIAT

Islamabad, the 5th Atgltst, 2015

No, F. 22(35)/2013-Legis,-The following Act of Majlis-e-Shoora

(Parliament) received the ass€nt of the President on the 3rd Augusi, 2015 and is
hereby Published for general infcrmation:-

ACT NO. X OF 2015

An Act to raaionalize and reorg@rize the local gorvrnmenl system in the

. Federal Capiral

Wr IERTAS it is expedient to eslablish an elected local govemment system to

devolve political, administrative and financial r€sponsibility and authority to lhe elected
representatiles of the local govemments; to promote good governance, effective
delivery of services and transparent decision making $rough institutionalized
pafiicipation ofthe pcople at local level; an4 to deal with ancillary matters;

It is hereby enacted as follows:-

(561)

ll2l5 (20l5YEx. Caz.l Pricc : Rs. 61.00

562 THE GA.GTTE OF PAKISTAN. EXTRA.. AUCUST 6.2015 IPARI I

CHAPTER I

INTRODUCTION

l. thorl tide, ertena .od coDmencem€trt- (l) This Acr may be

called the Islamabad Capital Territory Local GovemmentAc! 2015.

(2) lt exlends to the Islamabad Capital Tenitory except any ares excluded
by the Govemmenl by notification, for reaso'ns to be recorded in w ting.

(3) Il shall come into force on such date as the Goveoment may, by
notificslion, agpoint and differ€nt dates may be appointed for coming into-[orce of
different provisions ofthis Act.

2. Definitioos.{l) In this Act, unless there is an}thing repugnant in

ihe subject orcontext,

(a) "Administration" means the lslamabad Capital Territory

Adminislratioi;

(b) -Aulhority" means the Capital DevelopmenrAuthority:

(c) "budget" means an oflicial statement ofthe income and expenditure

ofa local govemment for a financial year;

(d) "building" includes any shop, house, hut outhouse, shed, stable or
enclosure built of any material and used for any purpose, and also
includes a wall, well, verandah, platform, plinth, ramp, stair-case ard
steps;

(€) "building line" means a line beyond which the outer face or any part
ofan extemEl wall ofa building may not project beyond privately
owrcd land in the direction ofany stree! exisling or proposed;

(f) "byelaws" means byc-laws made under this Act or made under the
Capital Development Authority Ordinance, 1960 (Xxllt of 1960) or
the MunicipalAdministration Ordinance, 1960; .

(g) "cattle" includes cows, buffaloes, bulls, oxen, bullocks, heifers, calves,
camels, sheep, goats and others;

(h) "Chairman" means the Chairmaoofa Union Council as mentioned in

section 11;
 TIIE CAZETIE OF PAKISTAN, EXTRA, AUGUST 6, 2OI5 563

(i) '[hief Officef'means the Chiefofficer appointed und€r s€ction 63;

C)'€ode"meansrhetueofcriminalProcedue, 1898(ActVof 1898);

(k) "cons€rvancy" means the collection, treaineflt, reooval and disposal'

of refrrse;

(l) 'dairy" inctudes any fam, cattle-shed, cow-house, milk store, milk
shop or any olher place from wh€r€ milk or milk products are supplied;

(rn) "Deputy Mayor" means a Deputy Mayor of the Metropolitan

Corporation elected under s€ction 12;

(n) "District" means lhe area specified in section 2 of the Capital of the
Republic (Determination ofArea) Ordinance, 1963 (Ordinance VI of
r%3);

(o) "draiD" includes a sewer, a house drain, a drain ofany other description,
d tunnel, a culvert, a ditch, a channel or any other device for carrying
sullage or rain water;

(p) "dwelling house" means arly building used substantially for human
hstit rirn;

(q) "Electioo Commissiol- means the Election Commissiotr constit ted

under Afticle 218 of the Constitution of the Islamic Republia of
Pakistan;

(r) "factory" mesns a factory as delmed ir thc Faclories Act, 1934

()Oft of I 934)i

(s) "food" includes every eatable us€d for food or drink by human beings
but does not include drugs or wate[

(t) 'Govemment" means Federal Govemmed as the Rules ofBusiness

rnay sp€ciry;

(u) "infectiousdisease"meanscholera, plaSue,smallpoxandtubercufosis,

and includes such other disese as the Governrnent may, by notificatiorL
declare to be infectious or disease for purpo.s€s ofthis Act;

(v) "la " i[cludes the latd which is being built up o. is built up or is
covered with water or is under cultivation or is fallow:
564 THE GAATTE OI PAKISTAN EXTRA AUGUST 2015

(w) 'Loc6l Fund" means th€ fund ofa local govemment established under
section 78;

(x) "local govemment" means a Union CoLlcil or the Metropolitan

Corporation established under lh is Act;

(y) "market'' means a place wherc persons assemble fbr the sale and
purchase of meat, fish, fru it, vegetab les or any other artic le of food or
for the sale alld puchase of livestock or animals a.nd includcs any
place which may be notified as a market:

(z) "Master Plan" m€ans tle Master Plan developed, maintained and
enforced by Capital DevelopmentAuthority;

(aa) "N{ayo/' means the Mayor ofthe Metropolitan Corpomtion elected

as such under section 12;

(bb) "member" means a member ofa local govemmenq

(cc) "Metropolitan Corporation" means the Metropolitan Corporation

notified as such und€r secrion 9:

(dd) "misconduct" means transgression ofthe prescribed code ofconduct

or dereliction ofduty or deliberate unlawful behavior or violatioo of
law or rulcs or lawtrl dirEctions or ordcrs of Oe Colemment and
includes,-

(i) gross negligence in the perfomance of duties with manifest

wrcngfirl intent or evil design; or

(iD an act that rosults in wmngful Sain to any person by wongful

application oflaw; or

(iii) making or managing appointmenl, promotion or transfer ofan

officer or official in liolation of law or rules or for extraneous
considemtion; or

(iv) bribery,conuptioqjobbery,favoritisftLnepotismorwillftrldiversion
ofthe iirnd ofthe local government;

(ee) "municipal offence" means an act or omission punishable undcr this

Act and includes an act or omission declared as municipal offence
undcr any other law for the time being in force in Islamabad Capital
Tenitory:
P^*Il nIE CMETTE OF S
(f0 "notification" means noti fication issued by the Govemment under this
Act al1d published in the Offrcial Gazctte:

(gg) "nuisance" includes any act, omission, place or thing which causes or
is likely to c6use injury as may be sp€cified, daoger, snnoyance or
offence to the sense ofsight, smellor hearing or which is or may be
dangerous to life or injurious to health or property;

(hh) "occupier" means any person! for the time being, in actual lawful
occuparion of dle land or building and includes an owne. in aclual
occupation ofthe land or building;

(ii) 'bwner" includes the person for the time being receiving the rerlt of
land ard buildings oreitheroflhem, includingan agenl or tustee for
any person or society or for any religious or chaitable purpose or who
would so rcceive the same if land or buildingwas letto a tmant;

0) "peasant" means a landless farm \\'orker ot a person. who during the

period offive years prcceding the year in which the election is held,
owningless than five acres of land as sole owner for subsistencc livirrg;

Ga) "prescribed" means prescribed by the rules as deftred under clause

(tt);

(1I) "prohibited zone" means any area or areas within a local govemment
declared as prohibited zonc by apublic notice for purposes ofthisAct;

(mm) "public road" means and includes a road or street or way maintained
by the Government or by a local govemment or by any other local
authority;

(nn) "public place" means any building, premises or place to which the
public have access;

(oo) "rate" mer.ns and includes the cha€es that may be fixed and levied
by the local govemmenls for provision ofany services, for which it
incurs a cost. pror ided under this Act:

(pp) "rcfuse" includes rubbish, offal night-soil, carcasses ofanimals, deposis

of sewemge, wasle and any other offensive matter;

(qq) "rent" rDeans whatever is by law pay.ble in money or kind by a tenant

or lessee on account of lawful occupalion or osc of any building or
land;
566 lHE GAZETTE OF PAKISTAN, EXTRA., AUGUST 5, 2015 IP^m I

(lr) "revenue estate" means a nevenue estate declar€d under the Land
Rcvenue Act, 1967 (XVII of | 967) as adapted in $e lslamabad Capital
Territo(v.

(ss) "road" includes a mad ora street or waywhich isnol a thoroughfare;

(ft) "rules" merrs rules made under the Capital Development Authority
Ordinance, 1960 or may be made under this Act:

(uu) "Schedule" means a Schedule appended to thisAct;

(w) "streets line" means a line dividing the land comprisgd in, and forming
pan of, a road or sfeet from the adjoining land;

(ww) "tax" includes any c.ss, rate, fee, toll or othe! charge levied under this

(K\) "technocrat" mears a person who is the holder ofa degre€ requiring
conclusion of at least sixteen years of education recognized by the
HigherEducation Commission and at least five years ofexp€rience in
the relevant field:

(vv) "Union Council" means an srea notified as a Union Council under

scction 7;

(zz) 'lehicle" merns a whoeled conveyanc€ capable of being uscd on a

road or streel

(aaa) "Vice Chairman" means the Vice Chairman of a Union CoDncil as

mentioned in section ll:
obb) "village" means an integrated and contiguous human habilation
commonly identified by a name and includes a dhok, chak, gaown.
basti or any other comparable habitalion within a revenue estate;

(ccc) "vot€r" means a person, whose namc for the time being appears on
the electoral rolls prepared or adepted for the puposes ofthe el€ction
under Ihis Act;

(ddd) "worker" means a person directly engaged in work or is dependent on

personal labour for subsistence living and inc ludes a worker as dcfined
in the lndustrial RelationsAct 2012 (X of20l2);
 THE GAZETIE OF PAKISTAN EXTRA AUGUST 2015 561

(e€e) ')outh" mesns a person who is enrolled as a voter in the respective

Union Council and is not less than twenty-five yeals ofage on last day
fixed for filing ofnomination papers; and

(fff) "Zoning Regulation:' mcans the Islamab.d Capital Te.itoiy Zo[iry

Regulatiois 1992.

(2) Thc expression$ not defined in sub-section (l), shall hav€ the same
meaning as defin;d. in any other relevant law or generally uxd.

3. Local govemmeDts lo work within the eristitrg firmework.-

faithfllly obs€rve all laws
(l) The local govemments established under this Act sholl
applicable in Islamabad Capiral Tenitory.

(2) tn the performance oftheia functions, the local govemments shall not
imp€de or prejudice tfie exercise of the executive authority of the CoverDment or
any office performing functions of the Provincial Goverument i( the Islamabad
Capital Tenitory

(3) The development, planning and ovemll rnainlenance of lhe Master

plan within the specified area of lslamabad Capital TerrftoD/ will continu€ to vest
with Capital D€velopment Authority and lhus the ovemll Master Plan shall apply
and no action by any authority, body or corporation shall be initialed in violation of
the Cepital DevelopmentAuthority frinance, I 960 and tho Zon ing regulations duly
approved by tfie Govemment. All powers to be exercised and rules to be enforc€d
shall be subject to the plumning framewo* already set in the aforemertioned laws,
rules and r€gulations.

(4) This legal framework shall without derogation to the existing laws and
regulations ofthe Islarnabad Capital Territory and Capital DeveloprDent Authority
and segments not covered by the prevalent law shall be covered by the respective
local Govemment, as determined by the Govemmeirt- Whercver there is a clash
between the existing law and provisions ofthis Act, the existing law shall prevail
unless clearly specified or repealed.

CHAPTER II

LOCAL AREAS

4. I-oc.l er€,s.-{ I ) For purposes ofthis Act,lhe Gov€mment shall, by

notifKrtion, speciry the local arca within lslarnabad Cspital Territory as Uniofl C-olncils
and for the Metropolitan Corporation, as the case may be.
568 IHE GATE'I-IE oII PAKISTAN. EXTRA,. AUGUST 6,20t5 tPaRr I
(2) The Covemment may, by notification, after inviting public objections
and suggestions, aher the limits ofa lGal alea and declare that any area sball cease
to be a Union Council.

(3) Any two or more adjoining Union Councils uithin tslamabad Capital
Territory may, after inviting public objections through a resolutiol passed by two-
third majority ofthe total membership ofeach ofthe UnionCouncils, ma,ke a proposal
lo the Govenrment for a change in their respective boundades subject to the cond ition
that no rev€nue estate shall be divided and the size ofpopulation in th6 relevant
UnionCouncil shall,as far as possible, be close to the average population ofsimilrr
L,nionCouncils in Islamabad Capilal Territory.

(4) Thc Govemment may, with the concun€nce oflfie Election Cornmissioq
alterthe limits ofa Iocal area under this section after the initiation ofprrxeedings of
delimitation ofconstituencies bythe E lection Comm ission but the Govcmment shall
Dot alter the limits ofa local area after the announceme of election schedule for
el€ction in localarea.

5. Divisiotr end reconstitutiotr of,

locrl goverrment.-{l) The
Covemmcnt may, by notification. divide a local govemment into two or more local
govemments or alter the limits of a local ggvemment 6nd may specify in the
notificalion the consequences which shall ensue upon the publication of such
notification.

(2)When, as a aesult of such division or reconstitution, any new local

govemment is constihrted, in accordance with the provisions ofthis Acl in the manner
specified in the notification,-

(a) the existing membcrs of any local government so divided or

r€constituted shall bccome the memb€B ofsuch local govemment as
the Govemment may, bynotification, speciry as ifeach such member
had been elected to that local Sovemmenq and

(b) such local govemmentshall, totheexlent and inthe manner specified

in thc notification, be lhe successorofthe localgovemment so divided
or reconstituted.

6. Local Government and Delimitrtion.{ I ) The Govemmenl sh6ll,

by notification in the oflicial Gazette, determ ine the numberofunion Councils within
Islamabad Capital Territory-

(2) After the demarcarion of $e Local Govemment under section 5 and

determination ofnumberofUnion Councils, the ElectionCommission, shall delimit
UnionCouncils.
 P^*Il TIIE CAZETTE OF PAKSTAN, EXTRA,A
(3) The Election Commissiol shalldelimit and notiry the Councils on the
basis of the principlcs laid down in section 7, as nearly as possible, under the
Delimitation ofConstituencies Acl 1974 (XXXIV of 1974) or 8ny other Act ofthe
Majlis-e-Shoora (Parlia.rnent).

7. DelimitrtioD ofUnio! Couocils.--{l)A Union Councilshallbe an

area consisting of one or more revenue estates or, in the case of an area where
revision ofsettlement under the law has not taken placq one or mor€ census vi llages
or, in the crse of an urban area, a census block or blocks as delimited for purposes
ofthe last preceding census or a census block and a revenue cstate, notified as such
by the Election Commission-

(2) As far as possible:

(a) the area ofa Union Council shall be a tenitorial unity;

(b) the boundaries of a Urion Council shall not cross the limits of the
Metropolita, Corporation; aDd

(c) the population ofunion Councils wittin the Mctropoliten Coporation

shall be uniform.

E. Wriver ofconditions.-The Election Commission may, in a specific

case and for reasons to be recorded in writin& waive the conditions ofdelimitation
mentioned in section 6.

CHAPTER III

CONSTITUTION OF' LOCAL GOVERNMENTS

9. Cotritituliotr of hcd Govemments. {l)

Subject to suEsection
(2), the local govemments constituted under lh is Act shall be:

(a) Metropolitan Corporation for Islamabad Capital Tenitory; and

(b) Union Councils for Islamabad Capital Tenitory ss the Covernment

may notiry.

(2) The Covemment may, by notification, declare any arca in Islamabad

Capital Teritory to be a Union council.

(3) The Covemm€nt may, by nolificatioq speciry the nafie by *,hich loc.l
govemment shall b€ knoqr and unless the name ofa local govemment is so specified,
it shall b€ known as the local govemment ofthe plac-e wheae its office is situate.
51L ryE CAZETTE OF PAKISTAN, IXIRA., AUGUST 6, 2

CHAPTER IV

COMPOSITION OF LOCAL GOI'ER}IMENTS

10. Locrl govemmerB.-{ t

cal govemmetrB shall coBist ofunion
I )
Councils and Metropolitan Corporation as giveD in s€ction 11 ,nd sectioD 12,
respecdvely.

(2) Iflhere are more dran one member in any category ofseats in a local
govcmment, the election shall b€ held on the basis ofproportional rcpr€sentation.

ll. Uniol Cooncil.-A Uoion Council shall consist of the following

members elected under Chapter V:-
(i) ChairmaD ad Vic4 Chairman, asjoinl cardidales:

(ii) six general members;

(iii) two womefl;

(iv) one peasant or uorker;

(v) one youth membe.; and

(vi) onenoi-Muslim.

12. Melmpolir.n Corpor.tioD.{ I) The Motropolitm Corporation shall

consist ofthe followitrg members elected under Chapter v,-
(D Mayor and D€puty Msyor, asjoint candidates;

(ii) Chairmen ofall Union Councils;

Crir)

(i') peasant workers;

(v) technocrats;

(vi) , youft memben; and

(vii) non-Muslihs.
 PARTII THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6 2015 571
(2) The number ofwomen should not be less than 33 per cent, peasarfty'
workers not less than 5 per cent, non'Muslims not less tha[ 5 per cent, youth not
less 5 per cent each and technocrat not less than 2 pei cent. The numbers shall be
computed by the government accordingly through a notification issued from time to
lime.

(3) Thc Mayor a$d the Deputy Mayor shall be el€cted asjoint oandidat6,
in the first session ofthe Metropolitan Corporation, frorE amongst the memb€rs
mentioned al s€rial number (ii) to (vii) ofsub-section ( t L by majority oflho E€mbers
mentioned at serial number (ii) to (vii) of sub-section ( I ) pr*eirt drd votirS.

13. Seying.-Nothing contained in this Chapter shall be construed to

pr€vent worr6n, peasar[ worker, technocrat or a non-Muslim from being a candidale
a
or elected to a general seat in any local govemment.

CHAPTER V

LOCAL GOVERNMENT ELECTIONS

14. Frrnchise.-Save as otherwiseprovided, election ofmembem ofall

local Sovemments, shali be held on party basis lhrough secret ballot on the basis of
adult fi'anchise.

15. f,lection ofahe oembers ofahe Unior Coutrcik.-Members of

each Union Councils shall be direcdy elected by the voters rrgistered in the concemed
Union Counoil.

16. ElectioD of lhe members of the Metropolitotr Coaporation.-

Members ofMetropolitan Coeoration, mentioned at serial number (iii) to (vii) of
sub-s€ction ( t ) ofsection 12, shall b€ elected by the memb€6 ofthe Union C.olmcils
present and voting.

17. Election Commission to cordrct electiors.-{1) The Eleclion

Commission shall conduct the local gov€mment elections.

(2) The Election Commission may, by order in the Ofiicial Gszette, rnake
provisions forthe condua oflocal govemfie[t elections ifno provirions or no sufficient
provisions have been made under this Act or th€ rules.

18. Execltive Authority to .ssist the Electior CommissioL-It shall

be the duty ofall
executive authorities in the Islamabad Capital Territory to assist
the Election Commissiotr in the discharge ofits fimctions.
5'72 THE GAZETTE OF PAKISTAN, EXIRA., AUGUST 6, 2015 [PaRr I
- t9. Elcctor.l rolb.-{l) A person shall be entided to be enrolled as a
voter ifhe,-
(a) is a citizen ofPakistan;

(b) is nol less than eightecn ycars ofage; and

(c) tulfils such otherconditions as the ElectiorCommission may speciry

(2) The electoral rolls for the local govemment ele.tions shall be prepared
by the Election Commission in such manner as it may deem appropriate and the
electoml rolls shall not be invalid by reason of any erroneous dcscription in the
electoml rolls ofany person listed or ofan omission oflhe name of any person
entitled to be enrolled or ofificlusion ofthe name ofany person not so entitled.

(3) Every person whose name is enterEd in the electoral roll shall be entitled
to cast a vote at the direct eleclions of the local govemment.

20. Appointment ofReturning Officer etc.--{1) Subject to sub-s€ction

(2), the Election Commission shall appoint from amongst the oflic€rs ofthe Election
Commission, the Govemrnerq a bdy or entity conEolled by the Govemment, a
Retuming Officer and an Assistant Retuming Officer for each constituency for
purposes ofdirect election underthis Act.

(2) Tie Election Commission may appoint a person as Retuming OIIicer

or Assistant RetuminS Officer for two or more constituencies.

(3) An Assistant Retuming Officer shall assist the Retuming Ofiicer in

the performance ofhis functions underthisActand may, subject to such conditions
as may be impos€d by the Election Commission, ex€rcise and perform, under lhe
control ofthe Retum ing Olficer, the powers and functions ofthe R€tuming Offic€r.

(4) It shall be the dury ofa Returning Oflicer to do all such acts as may be
necessary for effectively conducting an election in accordance with the provisions
ofthisAct and lhe rules.

2t. Polling Srrtion.-{l ) The ReturninS Officer shall, before such time
as the Election Commission may fix, propose to the Election Commission a list of
polling stations for lhe constituency.

(2) The Election Commissioo may mako such alterations in the list of
polling stations submitted under sub-section (l) as it deems nccessary and shall
forward tothe Retuming Oflicer the fmal listoflhe polling stations.
 !4Rr Il THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 5, 2OI5 573

(3)
The Retuming Offrcer shall establish in each constituency polling
stations according to the final list sent by the Election Commission specirying the
electo.al alea and the voters of the electoral area who shall b€ entitled to vote al
each polling s{ation, and shall, at least seventy two hours before the pol ling day, give
wide publicityofthc polling slations, in such manneras he may deem fit.

(4)
A polliog station shall not be located in any premises l^'llich belong to
or are under the control of any candidaG.

22. PrEsidiDg Oltrcers and Pollitrg Olficers.-{ I ) A Retuming Officer

shall appoint for each polling station a Presiding Officer and such number ofAssistant
Presiding Officers and Pol ling Otficels to assist the hesiding OfTicer as the Retuming
Offrcer may consider necessary.

(2)
A person who is, or has at any time been, in the employment of any
candidate shall nor be appointed as a Presiding Officcr, Assist nt Presiding Officer
orPolling Oficer.

(3) The R€tuming Officer shall submit a list of Presiding Officers and
Polling Omcers to the Election Commissionat least Iifteen days befor€ thepolling
da,' for approval and no change in the personnel shall be made except with the
approval of the L.lection Commission.

(4) c-onduct lhe poll in eccordance with lhe

A Presiding Offic.r shall
provisions ofthis Act and the rules'and shall be responsible for maintsiningorderat
the polling staliofl and shall report to the Retuming Officlr any fact or incident
which may, inhis opinion, aflecl the faimess ofthe poll.

(5)The Retuming Officer shall authorizc one ofthe Assistant Presiding'

Officers to act in place oftfie Pr€siding Officer if the Prcsiding Offi.ar is at any
time during the poll, by reason ofillness or other cause, trot prEsent at thepolling
station, or is unable to perform his functions.

(6)
The Reluming Officermay, at anytime during the poll, for reasons lo
bo recorded in writing, suspend any Presiding Officer Assistant Presiding Oflicer
or Polling Olhcer and make such armngements as he may consider necessaD/ for
the performance of the functions of the Omcer so suspended.

23. Suppv ofelectord rolb-( I ) The El€ction Commission shall provide

fie electoral aolls of dle constituency to lhe Retuaning Officer.

(2)The Retuming Officer shall provide to th€ Presiding Olficer the

electoral .olls, containing the names oflhe voters enlitled to vote at a pol ling station.
574 THE GAZTTTE OP PAKISTAN, FXTRA., AUG

24. Other povers rnd functiors of th€ Electior CoDmirsion.-In

.ddition to the pow€6 and frmctions ofthe Ele-ction Commiision under this Act the
Elcctior Commissio[ shall, in relarion to local govcmment elections, exerois€ such
other powers and perfom such other functions a3 may b€ pr€scriH.

25. QuallficatioN for caDdidates,--( 1 ) A person shall qualiry to be

elected as a member or to hold ar elected ofiice ofa local govemment, ifhg-
(a) is a citizen ofPakistanj

(b) is the youlh, is not less than twenty five years ofage on ihe last day
fixed for filing the nomination papers; or

(c) is effolled as a voter in the electoralrolls ofth€ Union Council

(2) The qualifications mentioned in paragraphs (d) to (g) ofclause ( I ) and

the disqualification refen€d to in clause (2)ofAnicle 62 ofthe Constitution ofthe
Islamic Republic ofPakistan for membership ofMajlis-e-Shoora (Parliarne )shall
n utatis mutarrdis to a person to qualiry 1o be elected as a melnt er or to hold
^Pq]y
an elected omce of a local govemment.

26. Dilqa.llfi..tiorr for candideiB.!d clccted ehb.r&-{l) The

disqualifications mentioned for inembeBhip of Majlis-e-Shoom (Parliament) in
paragnphs (.) to (p) ofclause (t) ofArticle 63 ofthc Constitrtion ofthe IsLmic
Republic of Pakistao shall mtrofis mfi@tdis s44/ly to a p€rson fiom beiig el.cted or
chosen os, and from being, aa elected member ofa local govemm€nt.

(2) lfa p€rson

-
(a) is foutd by lrte Election Commission to have confavaned any povbirns
ofsection 25 or sutrsection ( 1) ofs€ction 26, he shall slad disqualifi€d
fiom being a candidate for election to .ny office ofa local govemmerf
for a period of four yea.s; or

(b) has b€en elected as a member ofa local government and is found by
the Election Commissior) to hav€ contravened any provision ofsection
25 or sub-section (l) ofseclion 26, he shall cease forthwith to be an
elecled member or to hold the office of such member 6lld shall stand
disqualified from being a candidate for election lo a local govemment
for a period of four years.

, 27. B.r rg.lr.t dual EeDherlhlp,-<l) A Mayor, a Deputy Mayor, a

Chainuan or a Vice Chairman may cbnt€d election for atry odrer political offic€
PARIll ExrRA., AUCUST 6L?q!! llq
after rcsigning ftom t|re officc of the Mayor, Deptg Mayor, Choirman or Vice
Chai.marl.

(2) A member ofa local govemmen! other than the Chairman ofa Union
Council, may contest election fo( any other political olftce wilhout resigning from
th€ nernbership ofihe local govemment but aoy such member dEll not simultarcously
hold more than one olfice.

(3) Ifa member ofa local govemment is elected to any other political
oflice, on lhe notirication ofelection ofthat political office, his srat as member of
the locll governme[t shall b€come vrcant.

(4) Ifa Chairman ofa Union Council is elected as the Mayor or a Deputy
Mayor, he shall cease to be the Chairman ofthe Union Council and the seat of the
Chairman ofthe Union Comcil shall staDd vacated.

(5) Nothing in this seotion shall apply to bar a member ofa local government
to contest the election of Mayor, D?uty Mayo., Chairman or Vicc Chairman ofa
locd govemmenl.

28. Conduct of elecdoD!.-The eleclioD to a local govemment shall b€

canducted in tbe prescriH mann€r.

29. IerE of oIfce.-{l) sub.iect to the lfiis Ac! lhe t rm ofoffice of a

[ocal govemment shall be five years commenoing oo the date oo which it holds its
first meeting.

(2) The fi.sl meetinS ofa locsl Sovemm€nt shall be held nor larer fian
thirty days frorD the day on which the nshes of its members are notified.

(3)
OD the expiry of the term of ofarce of a local government, the
Govemment may appoint an administrator to perform the ftnctions of the local
govemment until the elected local govemment assumes omce which period shall
not exceed six months.

(4) Save as odlerwise provi&d, a local government shall in its firsl meeting
and to the exclusion ofany other business, elect the Mayor and Deputy Mayor or
Deputy Mayo6, Chairman and Vice Chairman in the prescdbed mann€r.

30. Ortt ofomce.-{ I ) A member shall, before taking his seat in a local
govemrnent, make and subscribe to an oath in such form as may be prescribed.

(2) The Mayor, Deputy Mayor, Chairman and Mce Chairman shall assume
office by makinS and subscribing to an oath in such form as may be prcscriM.
576 THE CAZETTE OF PAKISTAN, EXTRA., AUCUST 2015

(3) A Mayor, Deputy Mayor, Chairman and Vice Chairman artd a member
shall. after taking oath ofofrice, declare his assets in the prescribed manner.

3 |. Vrcrncy.-l f the omce of a Mayor, Deputy Mayor, Chairman or

Vic€ Chaiman, or a member indirectly €lected on a reserved sea! for any reason,
falls vacantduring the tem ofomce ofa local govemment, the new Mayoq Deputy
Mayor, Chairman, Vice Chairman or member shall be elected in the prescribed
mann€r within thiny days from the date when such vacancy isnotified and he shall,
subject to lhisAct, hold o{fice for the remaining term ofthe local govemment.

32. Removals.-{l ) Where proceedings ofdisqualification unde. section

26 have been initiated againsta member, the Election CommissioD or any authority
authorised by it may issue a notice to the member to show cause within a specified
period as to why proceedings against him may dot be tlken for his removal for
breach ofany ofthe provisions oIsection 25.

(2) Wherc the Election Comm ission or an authority authorised by it is not

satisfi€d with the reply 10 the notice referred to in sub-section ( I ) or any rep ly to the
said noticc is not fi led wilhin t}le period flxed by i_t it may order for an enq u iry in the
matter and for that purpose appoint an enquiry olTicer

(3)
On the basis of enquiry held under sub-section (2). the Election
Commission or an authority authoriscd by it may order the removalofthe member.

31. Resigmtion.-( A Mayor, Deputy Mayor, Chairman, \4ce Chairman

I )
or a memb€r may resiSn his ofllce by tendering resignation in writinS underhis hand
to the local gov€mment of which he is the Mayor. Deputy Mayor, Chairman,
Vice Chairman or a member.

(2) The res;gnation render€d under suusection (t) shall be deemed to

have been accepted and effective fo(hwith and the local govemment shall forwaid
copies ofthe resignationto the Election Commission and theGovemment.

34. Vote of ro-confidetrce.-{ I ) Subject to this scction, a Mayor or

D€puty Mayor, shall cease to hold oflice if
a vote of no-confidence is passed against
him in the presc bed manner by two-third majority ofthe total number ofmembers
ofthe local govemment.

(2) A molion of no-confiderce shall not be moved before the expiry of

one year of his assumption of o{fice as the Mayor or Deputy Mayor.

(i) wllere a motion of nGconfidence against the Mayor or Deputy Mayor,

has been moved and t'ails for want ofthe requisite majority ofvotes in ameeting, no
 P^mIl THE GA-ZETTE OF PAKISTAN EXTRA., AUGUST 2015 511

similar motior shall be moved against him bofore th€ expiry ofone year from the
date when such motion was Doved.

35. Bar against re-election or re-sppoiltme nt.-Whcn a Mayor,

Deputy Mayor, Chairman or Vice Chaiman, of a local SoverDment, is removcd
from office on the ground ofmisconduct, he shall not, duing lhe unexpired period of
the term ofthat local government be eligible for re-election or re-appoinfnent to any
office during the remaining term ofthe local government.

36. Notific.tior of elcctioD, r$igrrtior .[d renovrl.-{l) lvery

eleclion or removal of a member shall be ootified by the Electiotr comnission.

(2) The Govemment shall noti&,-

(a) vacatiotr ofoffice owing to resiSnation or dcath ofa member; arld

(b) election, appointrnent orvacation ofomce, owing to any caus€, ofthc

M;yor, Deputy Mayor, Chairman or Vice Chairman.

37. Electio, poaitioL-<l) Subject to this Ac! ar election to an office

ofi local govemment shall not be.called in questio, except by an election p€tition.

(2) A candidate may, in the prescribed manner, file an eleclion petition

before rhe Election Tribunal challenging an election under thisAct.

3E. Electior Tribun.l.---(l) The Election Commission shall, by

notificatiorl sppoint an Elcction Tribunal for such local area as may be spcified in
the notification.

(2) The Election Cornmission may tra.nsfer an election petition from one
Election Tdbunal to another Eleclion Tribunal.

Q) Subjoct to the rules, tle Election Commission rnay, by notiflcation,

i$ue instsnctions for presenratiorl hearing and trial ofan election petition.

(4) The Election Tribunal shall decide an election petition within one
hundred aod twenty days from the date offiling ofthe election petition.

39. Powers of f,lectioD THbnnaL-Th€ Election Tribunal may exercise

poweE ofa civil court trying a suit unde. the Code ofcivil Procedure, 1908 (V of
1908) and shal I be deemed ro be a Court within the meaning ofsections 4E0 and 482
of the Code.
a,

40. Decision of the Election Tribural.--.( I ) The Election Tribunal may,

on thc conclusion oftrial ofan €lcction petition, makc an order,-

(a) dismissingthepetition:

(b) declaring the election oftie r€tumed candidate to be void:

(c) declariog lhe election of lhe returned candidate to be void and the
pelitioner or any other contesting candidate to have been duly elected;
or

(d) declaring tle election as a whole to b€ void

(2) The decision ofthe Election Tribunal shall take effect from the date
on which it is made and shnllhe commDnicated to the Elcctio Commission.

41. Groudd for declaring election of returned cudidate void.-{l)

The Election Tribunal shall declare the election ofthe retumed candidate to be void
if it is satisfied that,

(a) the nomination ofthe retumed candidate was invalid: or

(b) the rctumcd candidate was no! on the nom ination day, qualified for or
was disqualified from, being elected as a member; or

(c) the election ofthe retumed cardidate has been procured or induced
by sny conupt or illegal practica; or

(d) corflpt or il legal practice has be€n com m itted by the retumed crndidate
or his eleclion agefit or by any other person with the connivance ofthe
candidate or his election agent.

(2) The election ofa retumed candidate shall not be declared void ifthe
Election Tribunal is satisfied $at any corrupt or i llegal pmctice was com m itied withorrt
the conscn! or conn ivance ofthat candidate or his election agent and that the c€ndidale
and the election agent r.rok all reasonable precaution to prevent its commi\\ion.

42. Grould for dechring . p€rson other than a retumed crDdidate

elected.-Thc Election Tribunal shall declare the e lection oflhc rctumed candidate
to be void and the p€titioner or any other contesting candidate to have been duly
elected, if it is so claimed by &e petitioner or any ofthe respondents and the Election
Tribuoalis satisfied that the pet itio.er or such conlesting candidate was entitled to
be declared elected-
P^*I] mE GAZETre OF mKSTAN, E

43. Groutrd for decladtrg elections as a wbole void.- The Election

Tribunal shall declare the election as a whole to be void if it is satisfied that the result
ofthe election has been materially affected by reasons of,-
(a) the failurr ofany person to comply with the provisio.s oflhis Act or
lhe rules; or

(b) the prevalence ofextensive coffupt or illegal practice at the election.

44. Decision io case ofequality ofvotes.-Where afler lhe conclusion

ofthe trial, it appears that there is an equality ofvotes between two or more contesting
candidales and the addition ofone vote for one such candidate would entitle him to
be declared elected, the Election Tribunal shall draw a lot in respect oJsuch candidates
a.nd the candidate on whom the lot falls shall be deemed to have received the highest
number ofvotes entitling him to be declarcd elected.

45. Appeal agaiNt the orders of El€ction Tribural-{l) Any pe.son

aggrieved by a frnal order ofan Election Tribunal may, withir thirty days ofthe
communication of such order, prefer an appeal to the Islamabad High Courl

(2) The Islamabod High Court shall decide an appeal preferred under
suUsecrion (l ) wilhin ninety days.

46. Corrupt pracfce.-A person gui lty ofbribery, personating or undue

influence shall be punishable with imprisonment for a term which may extend to
three years or with lme whicb may extend to one hutrdred thousand rupees or with
bo1h.

47. Bribery.-A pe6on is guilty ofbribery ifhe, directly or indirecdy, by

himselfor by any other person on his behalf.-

(a) receives, agrees or contracts for any gratification for voting or refmins
from voting or refrains fiom being a candidare at or withdmwing or
reliring from. an eledion:

(b) gives, ofTers or promises any gratification to any person for the purpose
of-
(i) inducing a persoDto be orto refrain &om beiDgacaldidat€ atan
election: or

(ii) inducing a voter to vote or refrain frofl voting at any election; or

580 TI{E GAZETTE OF PAKISTAN EXIRA, AUGUST 6 2OI5 I

(ii! inducing a candidate to withdmw or rat e fiom an clection; or

(iv) rewarding a person for having been or for having refrained from
being a candidare ar an election: or

(v) rewarding a voter for having voted or refrained fiom voting at

an dlection;or

(vi) rewarding a candidate for having withdrawn or retried fiom an

eleclion.

Ex.plaratioh:-ln ,lnis sf4lion' gmtification' includes a gratification in money

or estimable in money ard emplol,ment for rcward.

48. PersoDating.-A person is guilty ofpersonaling, if he votes or applies

for a ballot paper for voting as some other person whether that other person is living,
dead orfictitious.

49. Undue inltuence.-A person is guilty of undue influence, if he,-

(a) in orderto compel any person tovote, reftain ftomvoting, or to induce
or compel any person io withdraw his candidature at an election, directly
orindirectly, by himselfor by any other person on his behalf-

(i) malcs or thr€atens to make use ofady force, vioiencc or rEsxaint;

(ii) inflicts or lhrcstens to inflict any iljury, damagg harm or loss; or

(iii) uses any ofricial influence or Govemmental patronzrge; or

(b) on accaunl of any person haring voted or refiained ftom voting, or

having withdrawn his candidature, does any ofthe acts specified in
clause (a); or

(c) by abduction, duress or any fmudulent device or contrivance-

(i) impedes or prevents the free exercise ofthe franchise by a voteq

(ii) compels, induces or prevails upon any voter to !€fain tom voting
or coftpels ary voter to voie.

E plandtion:-ln this seclion, 'harm' includes social ostracism or

excommunication or expulsion from any caste or commun ity.
P,{xr THE GAZETIE OF PAKISTAN, EXTRA., AUGUST 2015 581

50. lllegd pr.ctice.-A person is guilty of illegal practic€ pmishable

wilh fine which may extend to two thousand rupees, ifhe
-
(a) obtains or procures, or attempts to obtain or procure, the assistance of
any officer or official offie Federal Govemmen! or a loc{l government
or authority to further or hinder the election of a candidatel

(b) votes or applies for a ballot paper for voting at an election knowing
that he is not qualified forvoting or is disqualified from votirg;

(c) votes or applies for a b.llot paper for voting more than once at sny
polling $ation;

(d) removes a ballot paper or a ballot box from a poll ing station or desEo)rs,
damages or t mpers with the ballot-box used 6t a polling station;

(e) knowingly induces or pmcures any person to do any ofthe aforesaid

acts;

(f) fails to provide statemenl ofelection expenses as required underthis

Act;

(g) makes or publishes a falsc stalemenl-

(i) conceming the peEonal chamcter ofa candidate or his relation

calculat€d to adversely affect lhe election of such candidale or,
for purposes of promoting or procuring the el€ctioo of aaother
candidate, unless he proves that he hrd r€rsonable ground for
believinS, and did believe, the statement to tie true;

(ii) relatingto the symbolofa candidate wheth.rornot such symbol

has been allocated to such catrdidate; or

(t0 regarding &e withdrat\al ofa candidate;

(h) knowingty, in oder to support or oppose a candidatq lets, lends, emplb)B,

hircs, borrows or uses any vehicle or vessel for purposes ofconveying
voters to or from the polling statior! exc€pt when a person conveys
himself or any member ofthe household to which he belongs, to or
fiom the polling station; or

(i) causes or attempts to cause any person pres€nl and waiting to vote at
the polling station to depafl without voting.
582 TIJE CAZETTE OF PAKISTAN EXTRA AUGUST 2015 hRr I

51. Prohibition of cenvassing.-A person is guilty of an offence

punishable with fine which may extend to two thousand rupees, ifhe, on the pollinS
day in connection with theelection,-

(a) convenes, calls or organises within a ward any meeting; or

(b) within aradiusoftwo hundred meters ofthe polling station

(i) canvasses for voGs;

(ii) solicits vote ofany voter:

(ii, persuades any voter not to vote at the election or for a particular
candidate; or

(iv) exlihits, except with thc p€rmission ofdre retuming officer and
at place reserved for the candidate or his po,ling agent beyond
the radius of one hundred meters ofthe polling slation, any notice,
sign banner or flag designed to encoumge thc voters to vote, or
discouragethe voters from votinS, for any contesting candidate.

52. Dborderly cotrduct near polliEg ststioE.-A person is guilry ofan

offence punishable with imprisonment for a term which may extend to thr€€ morths,
or with fine which may eitend to three thousand rupees or with both, if he

(a) nses, in such manner as m be audible within the polling slation any
gramophone, megaphone, loudspeaker or other apparatus for
reproducing or ampliryinS souods; or

(b) persistently shouts in such manner as to be audible within the polling

stalion; or

(c) does any acl which-

(i) disturbs or causes anno),ance to any voter visiting a polling stadon
fot the purpose ofvoting; or

(ii) interferes with lhe performanceoftheduty ofa presidingofficer

polling oflicer or ally othq pErson perfonning any duty at a polling
slation;or

(d) ab€ts lhe doing ofany ofthe aforesaid acts.

 P^* 11 THg GAZEnE OF PAK

53. TsDperiDg with papen.- A person is guilty ofan offence pmishable

with imprisonment for a term which may extend to six months or with line which
may exlend 10 tweflty thousand rupees or with both, if he-

(a) fraudu lently defaces or deslroys any nom ination paper or ballot paper;

(b) fiaudulently takes out ofthe polling station any ballot paper dr puts
into any, ballot box any ballot paper other than the ballot paper he is
authorized under the rules to put in;

(c) without due authority-

(i) supplies an) ballol pap€r to an\ p€rsont

(ij) destroys, takes. opens or othenrise interferes tlith any ballot

ho\ or packet or balbt [Japcr\ in u\c f.r lhc purposc ofeleclion;

(iii) breaks any seal afrixed in acoordance with the provisions oflhe
rules; oI

(d) causes aDy delay or intemption in the begirning, conduct or compl€tion

ofthe procedure requir€d to be immediat€ly carried out on the close
ofthe poll; or

(e) fraudulently or without due auftority attcmpts to do any ofthe aforesaid

acts,

54. Itrte ererce with ahe sccrecy ofvotitrg,-A person is guilry ofan
offence punishable with imprisonment wh ich may extend to six months or with fine
which ftay extend to twcnty thousand rupees or with both, ifhe,-

(a) interferes or atlempts to interfers with a voloa when he records his

(b) in any manner obtains or attempts to oblrin, in a polling station,

information as to the candidate for whom a voter in that station is
rbout 1o vote or has voted; or

(c) corffnunicatcs at any time any iflformation otiained in a polling station

about the candidale for whom a voter in thal statioh is aboul to vote or
has votcd.
584 IIIE GAZETTE OF PAKISTAN, EXTRA.. AUGUST 5. 2015 [PaRrl

55. Frilure to msintaiD secrecy.-Any candidate or polling agent

attending a polling station, or any person aftending the counting ofvotes, is guilty of
an offence punishable with imprisonment which may extnd to six months or \rith
fine which may extend to twenty thousand nrpees or wilh both, ifhe-
(a) failsto maintainoraid in maintaininS lhe secrecy ofvoting; or

(b) communicates any information obtained at the counling ofvotes as to

the candidate for whom any vote is Siven by any particular ballot
paper.

55. Cotrd rct ofoflicials.-Apresiding offic€r, poll ing officer or any ot[€r
ofiicer or official pcrforming duty in connection with an election, or any membcr of
a police forcq is guilty ofan ollence pun ishable with imprisonmcnt for a term which
may extend to six months or with fin€ which may extend to twenfy thousand rupees
or with both, ifhe, during the conduct or managemenl ofan election or maintena[c€
oforderat the pollinB station:-

(a) persuades atry person to give his vote;

(b) di$suades any person ftom giving his vote;

(c) influences in any mahnerthe voring ofany person:

(d) does any other act calculated to firrdrcr oI hinder lhe electioo ofa
candidate;

(e) fails to maintain or aid in maintaiding the secrecy ofvoting;

(0 communicates, except for any purpose authorised by any law' to any

person trefore the poll is closed any information as to the name or
number on the electoral roll of any voter who has or has not applied
fora ballot papef or has orhas not voted at a polling station; or

(g) commun icates any information obtained at tbe counting ofvotes as to

the candidate for whom any vott is giv€n by any particular ballot
pap€r

57. Br€ach6 of offici.l duty in co[lection t{ith electiotr.-A

Retumiog Offic€r, Assistant Retuming Officer, Prcsid ing Officer, Assistant Presiding
Omcer, or any other person employed by any such officer in connection with his
official duties imposed by or under thisAct is guilty ofan oflcncc punishable with
imprisonmcnt for a term which may extend to two years or with fine which may
 P^xrll THE GAZE1TE oF PAKISTAN EXTRA AUCUST 6, 2OI 5 585

extend to fifty thousand rupecs or with bolfi, ifhe, willfully and without rcasonable
cause, c6mmits breach ofany such officialduty, by act oromission-

58. A$istrnce by Govemment servrtrts.-A person in the se ice of

the Covemment, a local govemment or a body owned or contolled by the Govemment
or a local govemment is guilty ofan offence punishablo with imprisonment for a
term which may extend to six monlhs or with fine which may extend to twenty
thousand rupees, or with both ifhe, in any manner, gives any assistance calculated
to further or hinder the election of a candi&te.

59. SumErry tri{l.-All offences und€r this Chapt€r exceptth€ offence

und€r section 46 shall be tried summarily underthe provisions ofthe Code.

60. Cognizsnce--A Court shall not take cognizance ofan offence under
sc€tion 56 or section 57 except on a complaint in writing ofthe Election Commission
or the Retuming Officer.

61. Offerce to be cognizable.-An offence punishable under

seclion 46 shall be aco8nizable offenc€.

62. Prosecutior of olfctrces utrder lhis Ch.pter.-{ I ) Subject to section

59, a Coun shall not take cognizance ofan offbnce under this Chapter except on a
complaint in writing made by order or mder authority ofth€ Election Commission.

(2) An offence punishable under this Chapter shall be triable by a

MaSistrate offiBt class and if a Magistrate lacks jurisdiction to try such case it shall
be tried by a coun ofcompetent jurisdiction.

CHAPTER VI

EIGCUTTVE POWERS AND CONI}UCT OF BUSINESS

63.Erecutive .uthority .nd conducl of busine$r.-{l) The executive

authority ofa
local govemment shall extend to doing ofsll acts nocessary for the
due discharge of its functions under this Acl

(2)
Save as otherwise provided, the executive authority of a local
government shall vest in and be cxercised by its Mayor or Chairman.

(3)
AU acts of a local govemment, whether executive or otlerwise, shall
be expressed to b€ taken in the name of the local government and shall be
authenticated in the manner prBcribed.
586 T}TE GAZETTE OF PAKISTAN, EXTRA.. AUGUST 6. 2015 IP^RI I

(4) For Metropolitan Corpomtion, the Govemment shall appoint a Chief

Officer and such number ofother olTicers as may be pre,scribed.

(5) the Chiefofficer of Metropolitan Corporation shall be its Principal

Accounting Officer and, in cas€ of a Union Council, the Chairman of fte Union
Council shall be the PrincipalAccounting Officer.

(6) The ChiefOfficer shall ensure coordination between the Metropolitan

Corporation and thc Union Councils in lslamabad Capital Territory and the

(7)'Ihe Chief Offic.r shall be responsible forensuring adherence by the

Metropolitan Corporalion to all laws, policies and oversight framework of the
Govemment in the prescribed manner.

64. Additioml funcaions,-{l) The Govemmeflt may, in the prescribed

manner, devolve one or more ofits firnctions to a local govemment for improved and
emcient service delivery to the citizens.

(2) ln the performance ofthe firnctions mentioned in suLsection (l), a

local government shall be bound by the directions oflheGovemmenl.

(3) The Govemment shall, in the presc.ibed manner, pmvide technical

support and 6scal resources required for c€rrying out lhe said functions by a local
govemmeiL

65. Dclegotcd functions-{l) The Metropolitan Corporation may, in

the prcscribed manncr, devolve one or more of its functions to thc Union Councils
for improved and efficient senice delivery to the citizens.

(2) In the performance ofthe function mentionod in sub-section (1), a

Union Council shall be bound by the directions ofthe Metropo,itan Corporation.

(3) 'l he Metropolitan Corpomtion shall, in the prcscribed manner provide

t€chn ical support and 6scal resources required for ca{rying out the d€volved functions
by a Union Council.

66- Condu.fofbusin€ss.-<1) The business ofa localgovemment shall

be conducted in the prescribed manner

(2) Any proc€edings or decision ofa local govemment sha ll not be invalid
merely because ofavacancy or defect in the memb€mhipofthe local govemment.
 P^*Il THE GAZETIE OF PAKSIAN, XTRA., A
(3) A local govemment may appoint comm ittees qonsisting ofsuch number
of its members and other p€rsons to perform such functions and in such manner as
may be prescribed.

67. Meeting&-{l ) A local govemment shalfwithin ttuee monttr oftm

assumption ofoilice, frame byeJaws for the condlct of its meetings.

(2) A meetiry ofa local govemment shall be presided over by the Mayor
or Chairman an4 in his absenc., by the Deputy Mayor or ,ace Chaiman aod, in the
absence ofboth, by a memb€r chosen for that purpose by the members present.

(3) A local government shall hold at least one meeting during a month.

(4) A meeting ofa local governme shall be open to public except when
a local govemment, by simple majority, decides to consider any matter in a session
attended exclusively by its membeF and omcials.

(5) The Chiefoffic.r

or an ofricer authoris€d by h im shall record minures
oftfie meeting ofa local Sovernment and subm it the same to the person who presided
lhe meeting for approv.l.

(6) The Chiefofiicer shall, after approval, issue the m inutes ofa me€ting
under his signatures.

(7) A memb€r who, directly or indirectly. by himself or by any partner,

employer or employee has any share or interest in respect of any matter or has
acted professional ly, in relation to ally mAfter on behalfofany peIson having therein
any share or interest as aforesaid, shall not vole or ta.ke any other part in any
proceedings ofthe l()cal govcmment or any ofits mmmittees.

68. Conar.ct!.-< I ) All controcts made by or on bchslf of a local

govemmenr shallbe.-

(a) in writing and expressed to be made in the name of the local

govemmenl;

(b) executed in such manner as may be presoribed; and

(c) reported to lhe localgovemmenl by the Mayor orthe Chairman at the

meeting next followingthe execution ofthe contract.

(2) A local govemment may assign any of its functions to a public or

private organization on such tcrms and conditions or enter into public,privale
partnership for efficienl performance ofany ofits functions as may be prescribed.
588 T}IE GAZETTE Ol] PAKIS'IAN AUGUST zot5

69. Reportitrg ard ev.lu.tiorL-{l ) A local govemment shall-

(a) maintain such record ofits working as may be prescribed or required
bytheGovemment;

(b) prcpare and publish such periodical rcports and rctums as may b€
prescribed or required by the Governmen! and

(c) adopt such other measures as may be necessary for the publication of
information about the working ofthe local govemment.

(2)The performance evaluation of oflicers and officials of the local

govemments shall be made in the prescribed manner

CHAPTER VII

UNION COUNCILS

70. Union Councils.-{l) A Union Council shall be a body corporate

havi[g perpetual succession and a common seal, with iower to acquire and hold
property and enter into any contract and may sue and be suad in its name.

(2) The Chairman ofa Union Council shall be the executive hcad oftie
Union Council and the Vice Chairman ofthe Ljnion Council shall perform the firnctions
ofthe Chairman when the Chairman is unable to perform his functions on account
of absence or for any other reason.

(1) A Chairmar ofa Union Council shall.-

(a) provide leadcrship for p.eparatior of budget and the annual

developmenl plan:

(b) present the budget in the Union Council;

(c) ensure that the business of Union Council is calried out strictly in
accordance with this Act and other lawsr

(d) issue executive orders to the Union Secretaries;

(e) represedthe Union Council in the Meuopolital Coryoration; and

(0 repon to the concemod authorities in respect of-

 P^mIl THE GAZETTE OF PAKISTAN, EXTRA., AUCUST 20t5 589

(i) encroachment on Slate or local govenrme prcpdty aod violation

of land use and building laws, rules and byeJaws:

(ii) dangerous and offen5ive articles and trades mentioned in Fi6t

Schedule;

(iii) cnvironmental and health hazrrds; and

(iv) adulteration of artic les of food.

(4) A Union Council Secretary under'the sup€rvision of lhe Chairman,

shall coordioate and facilitate in c.nmunity developmenq frlnctioning of the
committees and dclivery ofmudicipal s€rvicos.

. (5) The Govemment may, in the prescribed manner, issue a schedule of

establishment for a Uniolr Council.

71. Functio8 ofthe Utrion Courcil-{l)A Union Council shall, subject

to the provisions ofthe Capital DevelopmentAuthority Ordinancg 1960, perform
tunctions specified in the Second Schedule.

CHAPTER VIII

METRoPOLITAN CORPORATION

72. Me{ropolitsn Corporrtior.-The Metropolitan Corporation shall

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

73. Functions of Metmpoliaan CorporrtioD.-{l )The Metropolitan

Corporation shall, subject to the provisions of Capital Development Authority
Ordinance, I 960 and Islamabad Capital Territory Zoning Regulations 1992 perform
functions mentioned in Third Schedule subject to issuance ofNotification by the
Federal Govemment.

(2) The Metropolitan Corporation may entlst any of its functions to a

persofl, an authority, agency or company throuSh a contractual arangemenl, on
such terms and conditions as may be prescribed.

. 74. Executive Autbority.-{ I ) A Mayor shall b€ tfie executive head of

the Mebopolita[ Corporation,
590 THE GAZETTE OF AUCUST 20t5
(2) The Deputy Mayor, and in case theE arc more than one Deputy Mayor,
rhe Deputy Mayor who is senior in age, shall p€rfom the imctions ofthe Mayor if
the Mayor is unable to p€rform his funclions on accountofabsence or for any other
reason,

(3)The Chiefofficer shall coordinate and facilitate the perforinance of

functions assigned to the Mehopolitan Corporation under the supervision of the
Mayor.

75. Mayor.-{l) The Mayor shall-

(a) provide vision for leadenhipand direction foreficient tunctioning of

the Metopolilan Corporation in mnsultation and coordination widr odrr
Covemment agencies and au(horities;

(b) recommend to the Metropolitan Corporation, the strategies,

programmes.and services to address prioritised needs;

(c) recommend or determine the best way to implement those strategies,

proglammes atrd services drough parherships, delegations, contracts
and other means to lhe m&ximum benefit ofthe community;

(d) maintain administrative and financial discipline ofthe Metropolitan

Corporation;

(e) pIesenttax proposals tothe Meropolitan Corpomtioq

(f) issue execrtive orders to the muoicipal oflic€s for discharge of the
functioos of rhe Metropolitan Corpomtioni

(g) represent the M€tropolitan Corporation on putrlic.nd ceremonial

occasions;

G) pre;nt proposal to fie Meropolitar Cuporarion for approval ofbudge!

(i) conduct hspections of municipal oflices firnctioning under the

Metopolilao Corporatioq and

O to devise mechanisms for aacountability and oversight inmu cipal

matters-

(2) The Mayorshall, in the performance ofduties-

P^Rr I}IE CAZEITE OF PAKISTAN, EXTRA., AUCUST 2015 591

(a) identi& and develop criteria in terms of which progress in the

implementation of tie stategies, programmes and se ices can b€
evaluated, including key performance indicatoB;

(b) evaluote pbgress against the key performance indicatoB;

(c) review the performance of the Meuopolitan Co.poration in order to

imprcvq-

(i) economy, efficiency and effectiveness;

(ii) efficiency of revenue collection services;and

(iji) implemcntationofthebye-laws;

(d) oversee formulation and execution ofthe arnual development plan,

delivery ofservices and functioning ofthe Metropolitan Co.poration;

(e) prcsent report on the performance ofthe MeEopolitan Corporation to

the house of the Metropolitan Corporation .t least twice a year; and

(f) perform such otfier duties and exercise such powers as the Metropolitan
Corpo.ation may delegate.

76. Chicf Orli.rr.-{ I ) The Chief Offrcor shall be responsible for-

(a) c.ordinarion;

(b) intemalaudit;

(") human resource management;

(d) public relations;

(e) legal affairq and

(f) emergency services.

(2) The ChiefOfiicer, in carryingout his functions, shall-

(a) supervise and coordinate all offices responsible for the provision of
municipal services:
592 THE CAZETTE OF PAKISTAN. EXTRA,, AUGUST 2015

(b) prepa.e a report on the planning and implementation ofdevelopment

p lans ofthe Metropoliun Corpomtion for presentation to the house of
the Metropol ita.n Corporation in its annual budget s€ssion;

(c) ensure that the business ofthe Metropolitan Corporation is carried out
in accordance with the law;

(d) ensure implementation ofenvironmental and social safeguards:

(c) cffect procurements, as prescribed in accordance with law; and

(0 take action against violators ofthisAc! rules orbye-laws.

77. MuDicipsl oltrces.-The Govemment may, in the prescribed manner,

issue a schedule ofestabiishmeflt for the Metropolitan Corporation and such schedu le
moy include planning, finance. municipal regulatioo and municipal infrastructurt
offices.

CHAPTER IX

LOCAL GOVERNMENT HNAIICE

7E. Local Fund end Public Ac.ourt,--{l) A local govemment shall

establish a Loc6l Fund and all lhe revenues rec€ived by the local govemmenl lrom
the following sources shall be credited to the Fund-

(a) the proceeds oflaxes, tolls, fees, rates or charges levied by the local
govemment;

(b) grants made to or monies received by the local govemment from the
Govemment or other sources;

(c) rcots and profits payable or accruinS to the local govemmcnt from
immovable property vested in or controlled or managed by it;

(d) proceeds or any other profils from any investrnent:

(e) gitu, grints or conaibutions to the local govemment by individual or

insitutiom;

(0 income accruing from markets or fairs regulated by the local

govemmenq

(g) fines and penalties imposed underthisAct;

!4!rrl rHE q4lETrE q !46M4!, ExrRA., AUGT.JST 4 20rs 593

(h) proceeds from other sources of income which are placed at the disposal
of the local govemment under directions of the Govemment;

(i) all moni€s transfcned to the local govemment by the Govemment;

and

0) monies EansferrEd by another local govemment under thisAct.

(2) The Govemment shall transferthe grants ofa localgovemment, in the

shape ofshar€ in the proceeds of ta-rcs ofthe local govemment collected by thc
Covemment, tothe LocalFund ofthe localgovemment on monthly basis.

(3) Every lftal

govemment shall mainlain a PublicAccount to place all
revenues received by the local Sovemment from the followinS sources-

(a) receipls accruing from trusts administered or managed by the local

govemment;

(b) retundable deposils received by the local govemment; and

(c) deferedliabilities.

(4) A local govemment may establish and maintain a separate account

for any spc€ial purpose to which one or more sourccs ofrevenue mentioned in sub.
scction (l ) or any parr of these sources or any specified portion ofthe t ocal Fund
may be assigned-

(5) The separate account under sub-section (l) shall be mai.tained,

administered and regulated as ifit were a Local Fund.

79. Custody ofLocal Fudd and PublicAccount.-'fhc monies credited

10lhe Local Fund or the Public Account ofa lo€al Sovemment shall be kepl and
operated in an account ofthe local govemmcnt in such manneras may be prescribcd.

80. Charged €xp€nditure- {l) The following expenditure shall be

charged upon the Local Fund

(a) the nx)nc)'rcquired for repayment ofloansl

(b) the money required to satisry any judgment decrce or award against
the local govemment;
594 THE GAZE]TE OF PAKISTAN. LXTRA,, AUGUST 6.2OI5 {q{T]
(c) the moncy ihat the local govcrnmcnl ma! be rcquired b)' the
Govemment to conftibute to\\'aads the conduct of local 8ovcrnrtcnl
clecln,rs rnd other defcrrc(l liabililics oflhc local govemmentr and

(d) such other expenditllre o[hcal govemment as may be prescribed.

(2)If ary cxpcnd iture is acharge upon the Local Fund and is notpaid,the
Govemment may, by ordeq direct the person having the custody ofthe respective
Local Fund to pay such amount from thc Loca! [_und.

81. Applicrtion of Local Fund.-(l) Monies creditcd to a Local Fund

shall be expended in accordance with the annual budget and rev ised bud8et estimates
approved by the local 8ov€rnment.

(2) A local govemment shall not lransfer monies to any other local
govemment except by way ofpayment ofdebts, for carrying oul deposit works or
for such other purposcs as may be prcscribcd.

(3) The applicalion of Local Fund shall be subj€cl to the budgetary

constraints and accordingto the minimum prescribed mtio ofdevelopment and non-
development expenditures.

(4) where a new local Sovemrrcnt is to take over durirrg a Iinancialyear

asa resultoffresh clcclions,lhe outgoing localgovemment shallnot spend funds or
make commitments for any expenditure undcr any demand for granl or appropriation
in excess ofeight prrcent per month ofthc budgeted funds for lhe remainder ofits
term in office in that financial year

82. Budget.-<l) The annualbudget fora local goremnlent shall contain

estimates of

(a) grants from the Covemment:

(b) amounls available in the I-ocal Fund;

(c) receipts for the next year and

(d) expndilurc (o be incurred for the next year

(2) ThcCovcmmcntshall,sufficientlybeforethebeginninSol cach financial

year, noti8 the provisional share,which may bccredited tothe LocalFund ofa Iocal
govemment.
 ,IHE
GAZEI-IE OI PAKISTAN. LYI RA, AUCUST 6. 20t5 595

(3) l he functionaries ofa local govemmentmay re-appropriate budget in

accordance wilh the powers of re-appropriation delegated 10 them by the local
govemmenl and at the end ol-lhe tlnancialyear, a revised budget shallbe submitted
to the local govemmenl forapproval.

(4) A demand for a grant shall not be made except on thc rccommendation
of the Mayor or the Chairman.

(5) Conditional Srants from the Govemment or other local govemment

shall be shown scparately ir the budgetand shall be govemed by the coDditions on
which such granls were made.

(6)
A lcrcal govemment shall prepare thebudget in the prcscribed manner
and in accordance with the chart ofaccounts notified bv the Auditor-General of
Pakistan.

83. Approval of budgct ll) Before the commencemcnl of the nexl

finalcial year. the N'la;ororChainnan shallpresent the budget for consideration and
apprcval ofthe looal govcmmcnt.

(2) 'fhe local govemment may discuss thc charged expenditure but shall
not vote on such expenditure.

(3) The budget ofa loca I govemment shall, subject to quorum. be approved
by simple majority and the local govemmcnl shall not take up any otber business
during the budget session.

(4) The Govemment may review approved budget ofa local govemment,
and iffound contrar] lo the budget rules, may require the local govemment to r€cdry
h.

(5) A budgetshallnot beapproved ifthe sums requiredto nreeteslimated

cxpenditure including previous liabilities and comn)itments exceed lhc cstimated
receipl\.

(6)
In case a budgel is not approved by a local govemmenr before rhe
commencement ofthe financialyearto which it relates, the localgovcmment shall
spend money under various objects, on pro-rata basis, in accordance with the
budg€lary provisions of the preceding financial year for a period not exc€eding
thifiydays.

(7) A local govcmmont shall nol spend funds or make commitnents for
an_v" expendittrre, under any dcmand for grant or appropriation, in excess of eight
5'6 THE CAZETTE OF PAKISTAN, EXTRA., A S

percent ofthe amount tludgeled in the preceding year within the period ofthirty
dals mentioned in suFsection (5).

(8) In cas€, a local govemment fails to pass the budget within the extetrded
period as specified in sub-s€ction (6), the Govemment shall prepare, appmve and
authefticate the budget ofthe local govemment for full year.

(9) Afte.approval oflhe budget by a local government, the Mayororthe

Chaillrlan shall authenticate under his signature a schedule specif,ing,-

(a) grBnrs made or de€med to have been mdde by the local gpvemment;
and

(b) sums required to meet the expenditure charged upon fte Local Fund.

(10) The schedule authenticated under sub-section (8) shall b€ laid before
the local gov€mmert but shall not be open to discussion or vote.

(11) The authenticated schedule shall be communicated to the local

govemmenl functionaries, accounts officials and tlre Govemment.

(12) At any time before lhe expiry ofthe fmancial year to which the budget
relates, a revised budget for the year may, ifnecessary, be prepared and such revised
budSet shall be approved in the manner as that ofannual budget. '

84. Ilotroraria and allowances"-A locsl govemment may, subject to

the prescribed limitations, make budgetary provisions for honoraria and allowances
ofthe Mayor, Chairman, Deputy Mayor, Vic€ Chairman or a member of the local
govemment

85. Accomts.{l) The accounts of all receipts and expenditure of a

local govemment shall be kept in such form ,Ird in accordance with such principles
and methods as may be prrscribed by the Auditor-C€neral of Pakist.Il-

(2)In addition to maintenance ofaccounts by Melropolitan Corporation,

the govemment may notiry any other officer{s) to maifltain such accounts also.

(3) The Un ion Secrelary shall maintain th€ accounts ofthe Union Council.

(4) The ofiicE(s) notified under sub-s€ction (2) shall pre-audit all lhe
payments from the Local Fund ofa local govemruelt other than the payments from
the t ocal Fu0dofrhe Union Councils.
 P^Rrll THE GAZET'IE OF PAKISIAN, DXIRA., AUGUS'I 6,2015 591

(5) The Union Secretary shall pre-audit all thc paymcnts from the l-ocal
Fund ofthe Union Council.

(6) A local govemment shall not withdraw or disburse money from the
Local Fund unless it is pre-audited in the prescribed manner

(7) The office(s) notified under suFsecrion (2) shall, by fifteenth day of
July, prepare an annual statement ofreceipts and expenditures ofthc accounts of
local govemments for the preceding financial year and shall transmir thc statcmcnt
to the Governlnent and the concemed local govemment-

(8) n copy ofthe annual statement of accounls shall bc displayod at a

conspicuous placc in lhe oflice ofthe Iocal govemmcnt, and on the intcmel or wcb,
for public inspcctbn and all objections or sugg€slions conccming such accounts
reccived from drc public sha ll bc considered by the localgovennnont aDdappropriale
decision shall hc takcn.

(9) ]'he Conlroller General Accounts shall, on the basis ofsuch audit as
he may consider appropriate or necessary, certiry the accounts ofa localgovemmen!
for each financialycar.

86. Audit. ll ) The Auditor-Geneml shallaudit the accounts ofa l(rcal

Sovemment in the fbnn and manner as may be deemed appropriatc.

(2) l
he audit report of the Auditor-General shall be considcrcd by thc
Public Accounts Committee ofthe National Assemblv.

(3) If in the opinion ofthe Governmen! it is necessary in public iDterest to

have a speoial audit ofa local govemment; it may direct that such audit may be
conductcd cither by the omcernotified under section 85(2) or any otheraudit agency.

(4) After the receipt of special audit report of a local government, the
Govemment may, afterenquiry by the Local Govemment Commission constituted
undcr seclion 95, take appropriate action on the e€ornmendations ofthe Commission.

87. Local government debt.--{l) A local govemment shall not incur

any debt wi$out previous approval oithe Govemment.

(2) A l(rcal Sovemment may invest surplus funds, ifany, in such securiti€s
and financial institutions, as may be approved by the Covemment.
598 lllE GAZETTE oF PAKISTAN. EXTRA.. 6.2015 IPARr I
^UGUST
CHAPTER X

LOCAI, GoVf, RNMENT TAXATION

88- Trxes to b€ lcvied.-{ I ) Subject to this Acl, a local govemment

may, b!'notitication, leryany tax, f€e, rate, rent,loll, charge orsurcharge specified
in Fouth Schedule.

(2)'l heCovemmenl shall vctthe tax proposal priorto the approval ofthc
tax bythe localgovemment in ordertoensure thal lhc proposal is rcasonableand in
accordancc with la\Y.

(l) 'l-heGovemment shallvet the tax proposalwithin thirty days lrom the
date ofreccipt ofthc proposal failing which it shall bc deemed to have been vetted
by the Covcmment.

(4) A local govemment shallnot lev] a tax withoutprevious publicationof

the tax proposaland inviting and hearing public objcctions.

(5) A local governmcrt may, subject to provision of sub-section (l),

increase, reduce suspend, abolish or exempt any tax.

89- Pmperty tar. 1I ) The property tax, under thisAct, shall be collected
by Metropolitan Corporation.

(2) In matlers for rvhioh no pmvision orno adequate pro! isior relatingto
the properry a\ has be€n mxdc underlhisAct, the provisions ofthe Urban Immovable
Propeay lax Act (West Pakistan Acl V of 1958), as adapted in Islamabad Capital
Territory, shall appl,v.

(l) The Tax collected under this section shall be distrihuted anongst the
Metropolitan Comomtion and tiDion Councils in such a ratio as thc (i(ivemment
may, by norification specily.

90. Collectiotr of taxes. {l) A lax or fL]lr levied undcr this Act shall be
collecled in thc prescribed manner

(2) The Govemment may prescribe the n)ode ofcollection ofa ta,\ or a
fee levied under this Act.

(3) lfa person fails 1o pay any tax or fec or any other money payable to a
local govemnrent,the local govemment and ifso requested b]'the localgovcmment,
the Govemmcnt shall recover the ta\ fee orother money as arcant ofland revenue.
 THE GAZETTE OT' PAKIS EX'TRA, AUGUST 20t5 599

(4) The recovery of tax, fee or othcr money under sub-section (3) shall
notabsolve the person from prosecution ofany offence underthisActor any oth€r

91. Additional polvers of the Govertrmcna.-{l) Notwithstanding

anything contained in this Chapter, thc Govcmment may, by rules, determine the
minimum mte ofa tax or fee lo be levied and collecled by a lmal govemmenl.

(2) lhe Govemment may, fbr reasons to be recordcd in writing and by

notification, exempt the le\,_v ofanylax or fee ofa localgovemment fo.a specified
period of not more than fiftecn days on any sp€cial occasion or in order to alleviate
the specific hardship suff€red b)'people at large or a section ofpeoplc.

CHAPTER xI
LOCAL COVERNMENI RILATIONS

92. Relatiotrs of (lovemment and locel governments.{l) A local

govemment shall collect such tax or taxes within its local area as thc Covernntent
may direct and the local government shall, after the collection ofsuch tax or taxes,
deposil the reccipts in the relevant Govemmenl account.

(2) The Govertunent may provide guidelines and render advice to a local
government for achieving the objectives ofCovemmcnt policy and for promoting
economic, social ard environmental security ofthe Capital Tenitory

93. Powers of the Governm€nt.-(1) The Golsrnment may issue

directions to a local govemment and thc Iocal govemment shall be bound b) such
di.ections.

(2) Where the situation demands immediate action aod the local
go\ ernmcnr fdils to compl) tr ilh rhe drrecrions given lo il undcr \u b-. scc I ron ( I ):Ue
Govemment may d irEct the ollic€r authorized by it to lake such action as lhe situal ion
may ngcessilatc,

94. Entrustment of functions to loc.l governmert.-<l ) When the

Govemment roquires a local govemment to pcrform any specific task beyond the
budgetary pmvisions oflhe local govemment, the Covcmment shall provide necessary
resources to dro Iocal Sovemment.

(2) A local govemment may, with rhe consent ofthc Gov€mmenr. en(ust
any ofits functions to thc Government or to any other localgovemment.
600 TIiE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6, 2015 IPARTI
' (3) The Govemment may, with the consent of a local government,
decantralize any of its offices other thafl the offices already decentralized to the
local govemment or €ntrust any of its functions to the local gove nnent and in that
case the Government shall provide lechnical and administrative support and fiscal
resources for lhe performance ofsuch functions.

95. Locsl Govertrment CommissioD.-{t) The Govemment shall

appoint Local Govemment Commission $hich shall consist ofpeEons ofintegrity
a
and good track record ofpublic.service.

(2) The Commission shall.ansist ofthe following

(a) a Chaiman, who shall be a retired civil servant or an eminent citizen

ofintegrity and good track rccord, to be appointed by the Govemment;

(b) two members ofthe Senate, one each nominated by the leader oflhe
House and leader ofthe Opposition in the Senate:

(c) two members ofthe National Assembly, one each nominated by the
leader of the House and leader of the Opposition in the National
Assembly;

(d) two em inen! qualified and experienced technocmt members nom inaled
by the Govenment including at l€ast one woman;

(e) Represeotative of Chief Commissioner Islamabad Capital Tenitory

office not below the rank of BS- I 9;

(0 Director, Development ard Finance, Islarnabad Capital Territory;

(3) The Director, Development and Finance, Islamabad Capital Territory

shall be the Secretary ofthe Commission.

(4)
The Local Govemment Commission may co-opt any official of the
Govemment for any specific assignment.

(5)
Subject to sub-;ection (6), the teoure of lhe memberc of the Ircal
Govemment Commission, other than the Chairman, Secretary and representatives
ofchiefcommissioner and Chairmar Capital DeveloprnentAnthority, shall be five
years.

(6) The Gov€mment may, after serving a notice aid opportunity ofhea ng
remove a member of the Commission after recording reasons.
P^oll THE GAZETTE OF PAKISTAN. EXTRA., AUCUST 6, 2015 501

(7)[n the evcnt ofa casualvacalcy in the memb€rship ofthe Commission,

the Govemment shall, for the residual period, appoint another pe.son ofthe same
category as member ofthe Commission in accordance with the provisions of sutr
section (l).

(8) The M in islry of Interior or the Adm in istration shal I provide secretarial
supporl to the Commission byestablishing a separate Secretariat ofthe Commiision.

(9) No act or proceedings ofthe Commission shallbe invalid by reason or

existeoce ofany vacancy or defect in the constitution of the Commission-

( l0) The Covemment shall provide a separate budget for the Commission
in the annual budget.

(|I ) fie Covemrnent shall noliry the schedule of establishment of the

Commission.

(12) The Secretary oflhe Commission shall be the Principal Accounting

Ofrcer and the Commission shallhave its own drawing and disbursing omcer.

(13) The Govemment, its departnents and agenc ies shall aid and assist the
Commission in the performance ofits functions,

96. FuDclions of ahe Commission.{l) The Local Government

C,ommission stElt-
(a) conduct annualand special inspections ofthe local govemments and
submit its reports to the Govemment;

(b) ifso dirccted by the Govemment, conduct,

(i) an inquiry by itself or thmugh any other agency about any matter
conceminga local Spvemment; or

(ii) audit by itselfor direct any other agency to conduct a special audit of
a local govemment;

(c) resolve lhe disputes betweel the Union Council and Metropolitan
Corporatiorl and the d isputes between the local Govemment and other
govemmental bodies and departments, and iftie Commission fails to
settle the dispute, the aggrieved party may move the Govemment for
resolution of the dispute;
602 TI{E GAZEITE OF PAKISTAN, EXTRA., AUCUST 6,2015 [PAxr I
(d) enquire into the matters rcferred lo it by the Government or a Chief
Officrr ard give its decision on such matter;

(e) conductsocial and p.rfonnance auditofthe local govemmentson thc

basis ofspecific performance indicators through a third party and publish
the report ofsuch audit;

(0 subm it to the Govemmenl an annual report on the over-all performance

of the local govemments;

(g) take cognizance ofviolations oflaws and rules by a local govemment

in the performance of its functions; and

(h) organize consultalive planning meetings ofNational legis,alors aid lhe

Mayors on a periodic basis to pmvide lheir participation in devclopment
activities with regard to-
(i) consultative proccss oflhc annual developm€nt plan;

(ii) formulating proccdurc for utilization of the I-egislalors'

development gmnt;

(o assessing implementation of decision of these meelings;

(iv) carrying out review ofdevelopmenl schemes; and

(v) facilitation in the performance ofdepartmental functions ofthe

decgntralized offices, relating to poliry analysis, oversight checl$
and balanc€s, capacity building and coordination through the
Commission.

(2)The decisiofl of the Commission shall be binding on the local

govemments failing which the Commission may report the matter with specifio
recommcndations to lhe Covemment for an appropriate action-

(3) The Govemment may, on the recommendation ofthe Commission.

suspend a Mayor or a Chairman for a maximum period of ninety days tbr fair
conducl of inquiry under sub-section ( I I or for prevenr ing the Malor or Chairman
Iiom conlinuing wifi any unlawful activity during the pendency ofthe anquiry.

(4) Where, onan inquiry undersub-s€ction (I), the Mayor. Dcputy Mayor,
Chairman or Vice Chairman is found guilty ofmisconduct by the Commission. the
Conlmission shallrecommend to the Govemmenlany appropriate acrion including
rcmoval olthc Mayor Deputy Mayor, Chairman or Vicc Chairman.
 P^-rl m CAZET|E OT PAKIST N,
(5) TIe Commission may exercise the poweB of a civil court under the
Code ofCivii Procedures, 1906 (V of 1908), in respect ofthe followinS matGn-

(a) summoning and enforcing $e anendance ofany person and examining

himon oath;

(b) compellingtheproductiorofdocumenls;

(c) receiv ing ev idence on affidavits;and

(d) issuing commissioo forthe examination ofwitnesses.

97. RespoDsibility of the CoDrrissior.-The Local Govemmenl

Commission shall be responsible to the Oovemment.

98. Locsl covemmeDt Board.-{l) There shall be constituted a Board

to be called the Local Govemment Board consisting ofaChairman and not less than
three and not morc than five members to be appointed bythe Govemment on such
terms and conditions as th€ Govemment may determine.

(2) The Board shall be a body corporate havinS perp€tual succ€ssion and
a common seal wi[r power to aquire, hold and fansfe. property and shall by its
nam€, sue or be sued.

(3) The ChiefCommissioner shall be er-olfic,o Chairma, ofthe Board.

(4) The Covemment shall appoint a Secrelary ofthe Board to deal with
day to day administntion ofrhe Board and to perform such other functions as may
be assigned to him by the Board.

(5) A local govemment shall contribute to\xards fte expenditure ofthe

Board an amount calculated at such rate as may, from time to time, be fixed by the
Govemrnent and lhe accounts ofthe Board shall be maintained and audited in the
prescribed manner

(6) The Aoard shall-

(a) makc appointnents, order trarsf€6, take disciplinary sction ard deal
with other serice aratters in rcspect ofthe mombers olthe prescdM
local govemment s€rvice cadre;

(b) set up and operate pension fund and such other funds as may be
considered necessary for the bcn€fil ,nd welfare of$c employees of
the Board and the pr€scribed local govemment service ca&e; and
6U THE GAZETTE OF PAKI EX AUCUST 6, 2015

G) perform such other functions as may be prcscribed.

(7) The busincss ofBoard shall be conducted in such manner as may be

Presaribed.

99. Dissolution of local governments. ll) Notwithstanding anything

to the contrary contained in s€ction 29, where, before the expiry ofthe tem of the
local govemments, th€ gcncral clections for NationalAssembly are announced, the
Govemmentmay, bynolifica(ion,dissolvethelocal govemmenls.

(2) On the dissoluriol oflhe local govemntents under sub-section (l). all
powcrs and functions ofthe local governments shallbe exercised and performed by
such persons or authorilics as rheBoard mayappoint in this behalf as Adm inistrators
and the funds and prope(ics bclonging to the local govemments shall vest in
(;ovemmenttill such limo lhe elected local govemmenls assume office.

CHAPTER XIt

LOCAL GOVERI{MENT PROPERTY

100. Ownership of immovable property.-l I ) S ubject to afly reservations

made or any conditions imposed by the Govemmcnt. lhc property specified below
shall vesl inthe respective local govennne[t if it is:

(a) vested in the local govemment through succession as provided in

section 3;

(b) transferred to the local govemment by the Govemment or any other

authority, oBanisation oI a! individual;

(c) construcled or acquir€d by lhe lrxal govcmmenl with its litle; and

(d) aroad, street or ary other immovable property developed by the local
govemment for public purposes with express or implied cansent ofthe

(2) Until otherwise directed by the Govcmmcnl, lhe properties of the

Govemment in possession ofthe local govemments established under the Capital
Territory Local Govemment Ordinance, 1979 shall pass on to their successots as
provided in section 126.

(3)
The successor local govemments shall, subject to policy of lhe
Govemment or contractual obligations, ,nake bye-laws for the use, development
and management ofthe local government properties.
 THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6. 2OI5 605

(4)
Ihe Govemment shall nol, except with the prior consent ofthe local
govemment transfer an immovable property vested in the local govemment.

l0l. Tratrsfer of property by the Governmetrt.- Subject to stlch

conditions as may bepr-escribed, the Govemment may, on its own accord or on a
request by a local govemment, transfer lhe managementofnazul land, auqafland or
any otherGovemment orpublic prope(y to it for administralion as a trustee.

102. Stocktaking by the local government.{1) Every localgovernmcnt

shallonce in every year in July, take the physicalstock ofits movable and immovable
propcrtics and publish the report in the prescribed manner

(2) The report refened to in sub-seclion (l) shall contain-

(a) particulars ofthe prope(ies held during the precedingyear;

(b) total value ofthe property, annual retum there from and change in its
value, ifany;

(c) particulars ofunserviceableanicles;

(d) particulars oflosses, ifany; and

(e) proposal for utilization, development and improvemcnt during lhc

following year.

103. Use of propcrties of local gov€mmetrts.-{l) The prop€nies of

local govemments shall be used only for public purposes.

(2) Subject to fhis section, a local govemment shall not sell or perm.nently
alienate any of its immovable property.

(3) A local govemment may grant lease ofits immovable property through
compctitive bidding bypublicauction in the prescribed manner

(4) The Covemment may constitute a Committee headed by th€ Chict

Officer ofthe local gover.ment to identiry the encroached or redundant properties
ofa local govemment tiat may be sold in the prescribed mamer with the approval
ofthe Govemment and the funds generated from the sale ofsuch properlies shall be
kept in a separate account and be used only for purpos€s ofdevelopment.

(5) The movable property of a local govemment which is required to be

disposed ofshall be sold through competitive bidding by public auction.
606 I Hii GAZ!]-IE OF PAKISTAN, AUGUST 20t5

104. Acquisition of immovable property.{l) Whenevcr any local

govemment considers il ncccsssry or expediert it may acquire any immovable pmPerty
for a public purpose.

(2) A local govemmen! may, in the prescribed manner, purchase arr

ftrmovable property through an agreetient whe[ such property is rEquired for a
public purpose.

CHAPTER XIII

OFFENCES AND ENFORCEMENT

105. Olfences, punishmeDts Nlrd their cognizance.--{l) The offences

specified in Fil'lh and Sixth Schedules shall be liable to punishmcnt by way of
imprisonment, finc, seizure, forfeiture, confiscation and impounding and such other
penalties as arc provid€d in this Act.

(2) lfa person commits an offence specified in

(a) Pan-l of Fifth Schedule, such person shall be punishable with

imprisonmcnt for a term which may extend to seven years, or with
finc $'hich may extend to five hundred thousand rupecs or with both
and where an accused was directed by the lnspector for irnmediate
discontinuance of dre offence, the Court may impose a further fine
which may extend to fifty thousand rupees for every day for the period
tre accused has persisted in the olfence from the date of ils commission;

(b) Parrll of Fifth Schedule, such p€rson shall be punishable with

imprisonment rhich may extend to dlree years or fine which may
extend to one hundred thousand rupees or with both and where an
accused was directed by the lnspector for immediate disconlinuance
ofthcoffence, theCourt may imposea furtherfine which may extend
to tcn thousand rupees for every day lor the period the accused
persisted in the offence llom the date ofits commission;

(c) Part-lll of Fifth Schedule, such person shall be punishable with

imprisonment which may extend to six months or fino which may
extend to twenty five thousand rupees or with both and wherc an
accused was directed bythe Inspector for immcdiale discontinuance
ofth€ olfence, the Court may impose a firrther fine which may extend
to fivc hundred rupees for every day for the period the accused
pcniisled in the off€nce from the date ofits commission: and

(d) Sixth Schedule, such peEon shall, inthe first instancc, bc Iiableto fine
by issuing a tickel specified in Sevenlh Schedule and *here an accused
 PaKrll THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6, 2015 601

repeats the offence within a period of three months for which the
accused was subjected to fine, he shal I be liable to tie same punishment
as provided in clause (c).

(3) Tle offenoes specified io clauses (a) and O) ofsuEsection (2) shall
be cognizable and information in this regard shall be forwarded to the officer in-
charge ofa police station by the Inspector after prior approval ofthe Chief Officer
for registration ofa case against the accused in accordance with the provisions of
section 154 ofthe Code.

(4) A Coun shall take cognizance of the offences specified in clause (c)
ofsub-section (2) on a complaint made in wdting by the Inspector after prior approval
ofthe ChiefOfiicer in accordanc€ with the provisioiis of section 200 ofthe Code.

{5) Iteoflences specified in Pan-lllof firui schedule ard Sihdr Schedule

shall be tded in a summary manner in accordance with the provisions ofsection 260
to 265 of the Code but the limit of punishment mentioned in suusection (2) of
s€ction 262 ofthe Code shall not be applicable.

(6) The fines imposed by a Court for ar offence specified in Sixth Schedule
shallon collection b€ deposited in the Public Account ofthe localgovemment.

(7) The Govemment may, by notification, entrust to a local govemment

the enforcement ofany other law.

106. Appointment and control of Inspecton.--{l) The Mayor or the

Chairman shall, with the approval ofthe local govemment, authorize the oflicials of
the local go\emment as Inspectors for the enforcemenr ofthe offences specified in
the Schedules.

(2) Th€ prescribed officer shall be the controlling authority and

administrative head of an Inspector and the Inspector shall report to the officer for
the €nforc€ment ofprovisions ofthis Chapter

107. IDpositioo of frEe th rough ticketing.-{ 1) Notwithstanding an}dling

contained in this Chapter, where any person, in the opinion ofan lnspectot is
contavening any provision ofthe law relating to the offences specified in Sixth
Schedule, the Inspector shall charge the accused by issuing a ticket in the prescribed
form for payment offine specified in Seventh Schedulg ifsuch offence has been
committed for the first time by the accused within three months-

(2) The ticket refened to in sub-se{rtion (1) shall be issued in quadruplicate

by delivering three copies to the accused after obtaining his signatures or thumb
impression on the fourth copy tb be retained by the Inspector for record.
608 THE GAZDTTE OF PAKISTAN. EXTRA., AUCUST 6, 2015 IPAm I
(3) The fine may be deposited inthe bank accountofthe local goveminent
vr'ithin ten days from the date of imposition offi 0e for credit in the Public Account of
the localgovemment.

(4) The person to whom a ticket has been issued under this s€ction may
either contest the imposition of fine in the Court within ten days fiom the date ofthe
issuance ofthe ticket or deposit the fine rvilhin that period and provide a copy of
paymmt receipt to the office ofthe local govemment-

108. Court proceedings for default in deposit of fine.-(l) The

ofall unpaid tickets to the
prcscribed ollicer shall, on daily basis, provide a scroll
Court,

(2) The Coud receiving the scroll shall issue summons to the accused
fonhwith stating the date of hearing for summary trial in accc.dance with the
provisions ofsection 260 to 265 ofthe Code but the limitofpunishment mentioned in
sub section (2) of section 262 ofthe Code shall not be applicable.

(3) Where on the first date of hearing, the accused appears before the
Cowt and produces the proofofdeposit offine, or unconditionally admitting his
failure, deposits the fine forthwith along with the penalty which shall not be less than
ten percent and not nrore than tvventy fiv€ percentofthe amountoffine determined
by the Court in accordance with the procedure provided in sub-section (2) of s€ction
388 ofthe Code funher proceedings against the accused may be dropped and no
conviction shall be recorded againsthim-

(4)Upon the failure ofthe accused to appear before the Coufi in respons€
to the summons issued by il, the Court shall forthwith issue warrants for arest of
the accused and upon issuance of such warmnts the accused will be liable to
punishment under clause (c) ofsub-sectioo (2) ofsection 103.

109. Compounding ofoffences. Subj ect to this Acq a local govemment

shallconstitute acomn1ittee consisting ofthe Mayo. orthe Chairman as its Convener,
an officer ofthe local govemment and a member ofthe local govcmmcnt as its
,ne,nbers lbr compounding the offences in the prescribed manner.

110. Municipal Warders.--{l) A local government, other than a Union

Council, may, \rith the prior approval of the Government, establish and maintain
Municipal Wardens in the prescribed manner.

(2) TheGovemmentma],, notwithstandinganlthingcontained in anyother

law, specifl the duties which such force may be requted to perform.

I I I . General powers of Inspcctors.--{ I ) In case of any serious threat

to the public health, saf€ry or we,fare or danger to life and property, or where
 P^Rrll IIIE GAZETTE OF PAKISTAN, EXIRA., AUGUST 6, 2015 509

violation ofany ri eorbye-law is being committed, the Inspector may, inhisareaof

jurisdiction, in addition to imposition offine or initiating pro6ecution under this Act-

(a) suspend any wotk;

(b) seize lhe goods:

(c) 1eal the premises:

(d) demolish or remove the wotk; or

(e) issue directions for t king cor€ctive measDres within the specifred
time.

(2) An Inspector shall not ente. any dwelling unit without permission of
the occupier or lhe CoEt.

(3) An lnspector authorized under section 106 may, in rclation io the

ofrences spocified in FifthSchedule-

(a) issue noticcs in writing on b€halfofthe local govemment;

(b) initiac legal prcceeditrgs in the Court; rnd

(c) assist in defending legal proceedings initiated agsinst the local

govemment

I 12. Rightr of citizd not rrfecled.-Nothing contained in this Chapter

shall restrict or limit the right ofthe citizens or residents ofa locrl ares to bring any
suit or otfier legal proceedings against rny local govemment, its officers or oth€r
fuoctionaries violatinS his riShts provided by any law.

CHAPTER XIV

MISCELLANEOUS

I13. REht to InforE.tion.*{l) Subject to any reasonable r€ssictions

imposed under rules, a person may s€ek any information in possession ofa local
SOVemment.

(2) Every designated functionary ofa local govemment shall, within 6ft€en
days ofan apptication, provide rcquisite information lo $e applicant on payment of
such fee as may be prescribed.
610 THE CAZETTE OF PAKISTAN, EXTRA., AUGUST 6, 2015 [P^xrI
(3) A localSovernment shall, on quarterly basis, publishon itswebsite or
at prominent placeinfomation about the staffing and the performance ofthe offices
ofthe localgovcmmenr during lhe preceding three months-

(4) A local government shall maintain records in the prescribed manner

with the special emphasis on elect.onic rccord keeping.

I 14. MuDiciprl entilies.--{l ) A local government other than a Union

Council, with the approval ofthe Govemment, may establish an authority, agency or
company answerable to the local govemment for the performance of municipal

(2) A local govemment, other than a Union Council may, with th€ approval
ofthe Covemment and in coord ination with any other leca I govemmenl, eslabl ish an
authoriry, agency or a corr)pany for an area covering more than onc k)ca I govemment.

(3) An entity established mder this section shall be subject lo such control
as may be prescribed.

ll5. Local goverDmeDt servatrts.-(l) Notwithstarding anything

contained in any other law, the Govemment shall, in thc prcscribcd manner, createa
service cadrc for a local govemmentora group oflocal govemmenls.

(2) Thc Government may prescribe the terms and conditions for
recruitsnenq promotion, dismis.sal, disciplinary, conduc! and any othcr relatcd service
matter for the service cadre mentioned iII suFsection ( l).

(3) A loca I govemment other than aUnion Council may, in the prescribed
manner, absorb lm employee, already working in aIIy other municipal body/local
goverrmellt prior lo the commencement ofthis Ac! with the eonsent ofthe employee
against an equivalenl pay \cale.

116. App€hls.-A person aggrieved by any order passcd by a local

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

I17. Power to make rules.-{ I ) The Govemment may, subject to previous

publication and by notification, make Iules for carrying out the pur?oses ofthis Act.

(2) In pafiicular and without prejudice to the generality ofthe foregoing

powers, such n les may provid€ for all o. any ofthe matters specified in Part-I of
Eighlh Schedule.

(3) The rules made undcr sub'section (l) shail meet the following
consideralions
 T}IE GAZETTE OF EXTRA,, AUGUST 6, 2015 6l I

(a) consistency wilh democmlic decentralisation;

(b) enhancement of welFare ofthe p€ople;

(c) faimess and clariB; and

(d) naturaljusticr and due procbss oflaw.

II 8. Byc laws.-{ I ) A local govemmenl may, and if required by the

Govemment shall, mar.ke bye-laws not inconsistent with this Act and lhe rules to Sive
eff€ct to the provisions ofthis Act.

(2) The bye-laws made by a local govemment shall come into force ftom
the date the bye-laws are published in the official Gazette or on lhe website specifred
by the Govcmment.

(3) In pa icular and without prejudice to the geneBlity ofthe forEgoing

power, the bye-laws may provide for all or any ofthe matters specifi€d in PartJI of
Eighti Schedule.

I19. Delegetion of po!yers.-{ I ) The Govemment may, subjecl lo such

conditions as may be specified, delegate any of its firnctions under this Act to an
officer sub-ordinate to it except the power to make rules, to suspend or remove a
Mayor orChairman or to dissolvethe local govemments.

(2) Subject to the rules, a local govemment may delegate any ofits powerq
including financial powers under this Act or ru les or bye-laws to lhe Mayor, Chailmarl
Deputy Mayor or Vice Chairman or any oI its memberrs or ofrcels as it may deem
fit except thc powers to make bye-laws and to pass annual or revised budget.
120. Acaion takeD iD good faitb.-No sui! prosecution, or olher legal
proceedings shall lie against any public servant s€rying in a local govemment for
an),thingdone in good faith underlhisAct.

l2l. Gener.l powers of locrl governments.-Notwirhstanding any

specific provisiofl ofthisAc! a local goverfinent shall perform hs funaions corfened
by or under this Act and exercise such powers and follow such procedures as are
enumerated in Nintb Schedule.

122. Members a.nd servanb of local goveromerts io be puHic aervants.-

Every member and every servant ofa local govemmenq snd every other person
duly empowerEd to act on behalf of a local govemment, shall be deemed to b€ a
public serva within the meaning of section 21 ofthe Pakistqn Penal Code, t860
(Act xlv of ) E60).
612 TTIE GAZETTE OF PAKISTAN AUGUST 2015 I
123. Bar sgaiNt employmert Mayor, Chairman, Deputy Mayor,
-The
vice Chaiman or a member of a local govemment shall not be employed under
such Iocal govemment for a period ofone year from the dale on which he ceases to
b€ the Mayor, Chairman, Dcputy Mayor, Vice Chairman or member.

124. Concilirtior (Mu3Alihrt) Corncil.-{l) The Covemment shall

constitute a Conci liation (Musalihat) Counci I for am icable s€ttlement ofdisputes itr
the prescribed manner.

(2)
A Counc il shall consist ofa panel ofseven members, includinS.t l€ast
one woman, to be nominated by the Govemment from ,mongsl residents of the
local governmenr but the memb€rs of the local Sovemmenl shall oot be appointed as
membeB oftheCouncil.

(3) The memb€rs ofcouncil shall be nominated for a tenn of fivc years
or until errlier rcplac-€d by lhe Govemment,

(4) Any casualvacanry in the panel ofmembeE ofthe Council shall be

filled by the Govemment, as soon as may be, but not later than thirty days fiom lhe
occudence of the vacancy.

(5) Any civil or criminal dispute may be refem"d to the Council where
parties to the dispute have agrced to make such rcference.

(6) The Council shall nol assume jurisdictioo in a non-compoundable

offence.

(7)
The Council shall make efforts for rmicoble settlement ofthe dispute
between the parties and it shsll record its findings through agrecment betweei the
parties.

(8) Every settleme ofa dispure by Counoil irl a case pending beforc a
court shall be subject to the approval of such court.

(9)The parlies to the dispute may agree to add sny odter person as member
of council for their dispute and such person shall be treated as member of the
Counci! in that case.

(10) The council shall perfoim its functions as may be prEscrib€d.

125. Arbitrrtion Cou cil---'( l ) The Government shall establish an

Arbitration Council to settledisputes between lhe Union Council and Metropoutan
Corporation, and the disputes between the local govemment and other govemmental
bodies.
 P4! T{E S4zEIrE Sl 14 ! , 9xrRA., AUGUST 6 20ls 6t3
(2) The A$itration Council shall coDsist ofa Chairman and two membel:
having lcgal background.

(3) The &bitration Council shall perfom its lirnctions as may be prescribed.

126. ConsaitutioD of Oversight Committeer.-{l) There shall be

diffeaent oversight commifl,ees at Union Counci I and Mesopolita[ Coporation level
elected from the respeclive councils in the manner as may be prescribed to oversee
the performanc€ oflhe omces and report drc matteis to the MeEopolitao Corporation
and the Councils, as the case may be.

(2) The Oversight Commit€es shalt perfo.m lheir functions as may be

prescribed

CHAPTER XV

TRANSITIONAL PROVISIONS

127. Int€rim ruthoritie6.-{ 1) On coming hto force ofthis Ac! any office,
authority or a local govemment €stablished under the Capital Territory Local
Govenunenl Ordinance, 1979 or lhe Capital DevelopmentAudDrity Ordinanc€, 1960
or the MunicipalAdministration dinanc€, 1960 shallcominue discharging functions
and providing sew ices wilhod any interruptiotr urtil a local govemment is established
under this Act for the local area.

(2) ll functionaries of a local govemment established under the Federal

A
Capital Ircal Govemment Ordinance, I 979 or lhe Capital Development Autfiority
O.dinance, 1960 or the MunicipalAdministration Ordinanc€, 1960 shall continue to
perform their respective duties and responsibilities with thc successor local
government under this Act, until transferred to any other local government.

(3) The Govemment may re-organize the authorities, agencies and bod ies
ofth€ local govemments established rmder the Capital Tenitory Local Covemment
Ordinaflce, 1979 or the Capital Development Authoriry Ordinance, 1960 or the
MunicipalAdminist"ationOrdinancq l960anddecentralize such audorities, agencies
and kies to the loc6l govemments establish€d under this Act.

128. Irterio mairteDsDce of iNtitutiom,-Where on the enforcedctrt

of this Act in any area, any service undertaken or institution maintained by the
Govemment is requircd under anyofthe pmvisions oflhisAct to be compulsorily
utdertaken or maintained by a local Sovemment such service or inslitution shall,
notwithstanding an),thing contained in this Act, continue to be undenaken or
maintained by th€ Govemmeot urtil th€ management thereof is transfer.ed to thc
local govemment.
614 TH CA7-ETTE OF PAKISTAN. EXTRA. AUGUST 20t 5

129. Finsncirl trsnsition.--{1) All laxcs, cesses, fees, rates, rcnts, tolls
o. charges which were being charged, Ievied and collected by any office ofa local
govemmcnl or any authority shallcontinueto bc charged, Ievied and collected under
thisAct by the successor local govemment or thc authority and every person liable
to pay such atax, ccss.lte, rate, rent, toll, charge or ary arrear ofthe tax, cess, fe€,
miq r€nt, tollorcharge shallcontinueto make lhc payment until such ta)q cess, f.}e,
ratg reot, toll or charge is revised, withdrawn or varied under lhisAct.

(2)
where any local govemment es(ablished under the Federal Capital
Local Covemment Ordinance, I979 (XII of200l ) was receiving ary grant or any
compensatioD in lieu ofoctroi orZila ta)q the successor local Sovemment under this I
Act shall continqe to receive such gmnt or compensation.

(3) Where a local goverlment assumes the oftice under this Act for the
frsttime:

(a) the Govemment shall transfer grants to the local govemmcnt on the
basisofa formula notified by the Govemmenq and

(b) its budget for the financial year during whicb it assumes the offrce
shall relate to the r€maining period ofthat year and provisions regarding
budgel underthisAct shall, as far as possible, apply to surh a budget.

(4)
On allocation, re-allocation or lransfer of the employees of the
Govemment or any other body ofany local govemment or any other organization
established under the Federal Capilal l,ocal Govemment Ordinance, 1979 or the
Capital Development Authority Ordinance, 1960, the salaries, emoluments and
pensions ofsuch employeesshall not be reduced on such allooation, re'all(xation or
taansfer.

(5) The Government shall ensure payment of salaries and other

emoluments of the employees refcred to in sub-s€ction (4)till such time as the
Govemment may deem appropriate.

130. Socctssior.-(l) The Goventnent or an officer d€signated by lhe

Govemment shal l, within one hundrcd and eighty days ofthe commencement ofthis
Act, divide rights, assets and liabilities ofthe local govemnents or the Authority
amongst tie local govemments and the Govemment or the Au6ority, ard the decision
oftleGovemment orofthe designated officer shall be hnal.

(2) The Govemment shall bring all byelaws, rules, regulationE notifications
or ilty other legal instrument, issued under any law in force on the date of
commencement ofthis Act, in conformity with this Act with in a period of two years
liom lhc dare ofcomrnencement oflhis Acl
 PARrll THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6, 2015 615
(3) Exceptas pmvided bythisAc! all€xisting byeJaws, rules, regulations,
notifications or any other legal instrumentshall, subject to this Act, mntinue in forca,
so far as applicable and with the necessary adaptations until altered, repeal€d or
amended by the Govemment.

lJl. R.moval of doub8.-Whgre this Aot makes any provision for

arythin8 to b€ done but has not madc aoy prov ision or any sufficient provisioq as to
the autiority by whom, or the manner in which it shall be done, then ir shall be done
by such authority and in such manneras mqy be prescribed.

132. Repe.l ,nd srving.-{I) I'hc Capilal Territory tncal covemment

Ordinance. lS79 (XXXIX of 1979). lhc Islamabad Capilsl Terrirory Local
Govemment Ordinance, 2002 (CXV Il of 2002), the lslamabad Capital Tefritory
tocalCovernment Elections Ordinanc.,2002 (LVll of2002) and section l5-Aof
the Capital Development Authority Ordinance, 1960 (XXIII of 1960) are hereby
repealed.

(2) Savc as o(her*,isc spccifically provided in thisAct, nothing inthisAct

shall affect or be deenled to affect anylhinS done, action lal(en. investigation or
proceedings commenced, order, rule, regulation, byc- latls appointment conveyance,
mongage, deed. documentor agreement made tax or tbe levied, resolution passed,
dircction given, proceedings taken or instrument executed or issued. under or in
puNuance ofthe Capital Tenitory Local Govemmcnt Ordinarice, 1979 and section
l5-A ofthe Capital Development Authority Ordinance, 1960 and a.y such thing,
action, investigation, proceedings. ordcr, rule, regulation, bye-laws, appointment,
conveyance, mortgage, deed, document, agreemen! tax, fee, resolution, direction,
proceedings or instrument shall, if in force at tle commencement ofthis Acg continue
1o be in force, and have effect as if it were rcspectively done, taken, commenced,
made, direcled, passed, giveo, exeouted or issued under thisAct.

133. ReEovel of diltculty.<l)'l'he Government may, within two years

of the commencement ofthis Act, by order consistent with this Ac! provide for the
removal ofany difficulty which may arise in giving effect to the provisions ofthis

(2) Any question ordoubt asto the interpretation ofany provisionofthis

Act orofany order made thereunder shall be resolved by a decision ofthe Pr€sident
and such decision shallbe final.

134. Amendment of Schedules.-(t) The Government may, by

notification, amend any ofthe Schedules.

(2) the 6ovem$ent, may by notification, assign any ofthe firnctions of

the Uoion Council or the Melropolitan Corporation" specified in the Second ard
Third Schedules ,espoctively, to any statutory body or public oi pdvate compary.
6t6 THE CAZETIE OF PAKISTAN EXTRA.. AUGUST 6.2015 lP^Rr I

FIRST SCHEDULE
Fee s€ctions 70 & 7ll

DANGEROUS AND OFFENSIVE ARTICLES AIID TRADES

1. The business ofstoring or selling timbel firewood, coal, charcoal and

coke, hay gr&ss and bamboo, jute, shtub, hemp mmj and lheir ptoducls, matches,
sfaw
explosives, petrol, oil and lubricants, paper, ghee and other dangerously inflammable
materials.

2. Sugar refining ard sugar refinerios

3 Preparation of aerated water

4 Operating or running bake houses

5 Electroplating.

6. Welding.

7. Storing, packing, pressing oleaning, preparing or manufactrring by

any process whatever blasting powder, ammunition, firewo*q gun powder, sulPher,
mercury, 'gases, gun cotton, saltp€ter, niho-compounds, nitso-mixtures, phosPhon s
or dynamite.

E. cle$ing, dying preparing or manufacturing by any proccss *'hatev6

clolhes or yarn in indigo and other colours.

9. Storing, processing, cleanings, crushing, melting, preparing or

manufacturing by ,ny process whatever or deal ing in bones, tallow, offal, fat blood,
soap, raw hides and skins candles, manure, catgut and oil cloth.

10. Manufacturingoils.

I l. Washing ordrying wool or hait

12. Making or manufacturinS bricks, "surkhi", tiles, or earthenware pots

clay pipes or other earthenware by any proccss ofbakinS orbuminS.

ll. Buming or grinding oflimcstoncor melal stone or storing oflime for

sale.

14. Cleaning or grinding ofgrain or chilies by ary kind or class or machinery.

 Paxx4 THE GA.ETTE Of PAKISTA\ EXTRA., AUGUST 6, 2015 617

15. Keeping animals likely to cr€ate nuisance.

15. Fellmongering.

17. Casting of heary metals such as iron, lead copper and bmss.

I8. Dealing in poison, acid, chemicals, Iiquid orotherwise

19. Wlole-sale storing cleaning pounding and selling oftobacco except

the storing oftobacco required for the preparation of biddis, oigars or cigarettes.

20. Operating or running tin factories,

21. Manufactu€ of safes, trunls alld boxes.

22. Marble cuttingand polishing.

23. Glass leveling and polishing.

24. Malufacture of crment and hume pipes.

25. Storing, packin& pressing, cleanirg, preparing or manufacturing by

any process whalever, rags, pirch, tar, turpentine, demmar, coconut, fibre, fl&q hemp,
rosin o. s?i.it,

26. Tanning, pressing or packing hides or skins wh€ther raw or dry

27. Trade or operation ofa Ferries-

28. Working ofpower-looms, ric+ husking plar a steam whistlg steaD

tlumpet or electric or hand operated sirens beyond hours lrxed for their op€ration by
a Local govemment.

29. Discharging fire-arms afld letting off fire-works. Fire-balloons or

detonators, or any game dangerous to life, dwelling and othcr property.

30. Tradio& stoing and selling used or new tyres likely to caus€ dengue
epidemic.

31. Manufacturing, keepir& storing or selling wire thread or any other

matedal meant for kite flying or likely to cause to human life or eleclric installations
or disruprion of eleclric supply.
618 THE CAZEIIE OF PAKISTAN, EXTRA., AUGUST 4 2015 [PaRrl

32. Any othcr a(icle or tade declared by Govemment to b€ dangerous

for life. health or propcrty or lilel) lo cause nuisance.

SECOND SCIIEDULE
Fee Section 7ll
FI'NCTIONS Of LNION COUNCIL
(a) improve and maintain public ways, public streets and public open
spaces;

(b) arange lighting ofpublicways, public streets rrd publio plac€s;

(c) mobilize the community:

(i) for maintenance of publ ic ways,public streets, culvens, bidges,

public buildings and local drains;

(ii) for plantation oftrees, Iandscaping and beautification ofpublic

placcs in rhe Unioo Councili

(ii, for prevention and removal ofencroachments on public ways,

steets and places;

(d) maintain rural water supply schemes and public sources ofdrinking
. water, includingwells, v',ater pumps, tanks, ponds and other works for
the supply ofwater altd open drains;

(e) coordinate with the commun ity organizations for proper maintenance
ofnrral water supply schemes and sewerage in the prescribed manner;

(f) e(ablish cattlc pounds;

(g) msnageand maintain grazing ar€as. common meering plac-es and odiea
corrton propefly;

ft) hold fairs andrecreational activities;

(i) provide cooservancy services in the Union Council;

[) arrange for registration ofbirths, deaths, marriages and divorces and

pass on such information about births, deaths, marriages and divorces
in the Union Council to such persons and institutiohs as may be
prescribed;
P^xr Il . lIlE GAZET'IE oF PAKISTAN, EI!B4,, AUGUSI6, ?q!! 619

(k) support a public sector agency to establish public facilitation centre in

the Union C.ouncil for such purpose and on such terms and conditions
as may be prescriH;

(l) slpport relief measures in the event of any fire, flood, hailstorm,
caihquake, epidemicar othar natuml calamity and assisting relevant
authorities in relief activities;

(m) promote local sports;

(n) provide for libraries and reading roomsl

(o) take other measurea likely to promote the welfare, health, safety,
comfort or convenience of lhe bhabitanc oflh€ Union Counci l;

(p) identify deficiencies itl delivery of services and making

recommendations ficr imprcvement of services to lhe Metropolita,
Corporation;

(q) execute development works in the prescritred manner; and

(r) maintain such statistics and data as may be prescriH and disseminate
infomation on matters ofpublic interEst.

THIRD SCTIEDIJLE
[seP Section 73]

FTJNCTIONS OF METROPOLITAN CORPOR]ITION

(a) imuement rules and byelaws goveming pubtic fiilities;

(b) approve development schemes for b€autification ofurba[ ar€as;

(o) enforce all municipal laws, rules ard by€-lalvs goveming its furrctioning;

(d) develop integrated system ofwater resewoirs, water soucet Eeatment

plant5 drainage, liquid and solid waste disposal, sanitation and othel
mUnicipal s€rvices;

(e) assist in provisiofl of rclief in the event of any fire, flood, hailstorrn,
eanhquake, epidemic or other natural calamity and assist relevant
.utlorities in relief activities;
620 IHE GAZETTE OF PAKISTAN, EXTRA,, AUCUST6.2015 tPrrr I
(0 execute and manage development plans;

(g) provide reliefforthe widows, orphans, po4r, persons in distress and

children ard persons with d isabililies;

(h) promotc t€chnological parks, cottage, small and medium size

enterprises;

(i) prevent and remove encroachments;

0) r€gulate affixing of sign-boards and advertisements except where this

function is being performed by the Capital DevelopmentAuthorily;

(k) p.ovide, mnnage, operate, maintain and improve the municipal

infirstructurE and services. including-

(i) watar supply and control and development ofwater sources;

(i, sEwage atrd sewage fi€atnent ard disposaU

(iD storm water drainage;

(iv) sanitation and solid wasie collection and sanitary disposal of solid,
liquid, industrial and hospiial $astes. treatnent and disposal
including landfi lI site a d recyclingplants:

(v) roads and streets;

(vi) sbeet lighting;

(viD playgrounds, open spaoeq graveyards afld arboriculture; and

(viii) slaughter houses;

(l) pr€parc financial statements and present them for intemal and extemal
audit in the manner as may be prcscribed;

(m) urban rene*al prograrnmes;

(n) develop and maintain museums, ai galleries, libraries, commun ity and
cultural centers;
PART I] THE GAZETTE OF PAKISTAN, EXTRA,. ATIGUST 6, 2015 621

(o) consene historicaland cultural assets;

(p) undertake landscap€, monuments and municipal omamentation;

(q) maintain regional markets and commeroial centers;

(r) maintain a conFehensive data base and inlormation syst€m and provide
public access to il on nominalcharges;

(s) regulate dangerous and offensive articles atrd fades meotioned in Firt
Schedule;

(t) collect approved taxes, feei rates, rcnls, tolls. chargef fines ard penalties;

(u) oBanize sports, cultural, rccrealional events, fairs and shows, catl€
fails and caftle markets afld regulate sale ofaaidals;

(v) regulate markets and s€nic€s and issua licens€s, pemits, grant
permissions and impose penallies for violation thereofas ard where
applicablc;

(w) manage properiies, assets and funds vested in the local govemment;

(x) develop and manage schemes;

(y) authorize aD orlicer or olncers to issuc notice lo a person committing

any municipal offence and initiate legal proc€edings for continuance
of commission of such offence or for failure to comply wilh the
directions contained in such notice;

(z) prosecute, sue and follow up criminal, civil and recovery proceedings
against violators of municipal laws io the courts of competent
jurisdidion in Islamabad Capital Territory;

(aa) maintain mun icipal records and archives; and

(bb) perform such other lunctions as may be p.esc.iH.

622 TIIE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6, 2015 [P^Rr I

FOURIH SCHEDI]LE

kee section 881

LOCAL GOVERNMENT TAXATION

Part-I

Tsx6 .trd other levi6 by UtrioD Courcik

(l) Entertainmenl lrx on drdnatical and the atrical shows.

(2) Fees foi reSistation and crrtification ofbinlE and mrrri.ges.

(3) Foe on the s€rvic€s provided by the union coutlcil.

(4) Rate for lhe execution or maintenance of any worl( of public uliliry
like lighting ofpublic plac€s, drainage, conservancy and water supply
opemted by union council.

(5) Community tax for the construction ofpub,ic work ofgeneral utility
for the inhabitants ofthe union.

(6) Fee for licensing ofprofessions and vocations as prescribed.

(7) Any other tax or levy authoris€d by the Govemment.

Prrt-n

Tsres rnd olher lcvies by Mctropolitan Coqrcration

(t) Water rate,

(2) Dmirage .ate.

(3) Conserancy late.

(4) Fee for olproval ofbuildiirg plaa* erection and re-erection ofbuildings,

(5) Fee for change of land us€ of a land or building as presc bed.

(5) Feo for liceos€q sanctions snd permits.

(1) F€e on thc slaughter ofanimals.

P^nrll THE GAZETTE OF PAKISTAN, EXIRA., AUOUST 4 2015 623

(t) Tax on pmfessions, fadq callings and qnployment

(e) Market fees.

(r0) Tax on sale ofanimals in cattle markets.

(l r) Toll tax on roads, bridges 6nd fenies maintained by the Metropolitan

Corporation.

( l2) Fee at fairs and industria I exhibitioru.

( t3) Fee for specifrc services rendared by the Metropolirrn Corporarion.

( r4) Tlx for the construction or maintenance of any work of public utility.

(ls) Parking fee.

( l6) Water conservancy charge from lhe owne, or occupier ofa house or
any other buildin& except an educdional inslitution having a swimming
pool with a minimum surface area of250 square feet.

(17) Tax on installation ofBas€ Transceiver Station/Iower.

( l8) Any othcr tax or levy authorized by the Government.

FIFTH SCHEDULE

[ree section 105]

OFFENCES REQUIRING TRIAL BY A COURT

PART-I

S.No. Offence

l. Discharging ary dangerous chemical, inflammable, haz:rdous or

offensive ,rticle in any d.ain, or sewer, public water course or public
land vcsted in or managed, maintained or controlled by the local
govemment in such manrcr as causes or is likely to caus€ danger to
p€rsons passing by or living or wo*ing in neighbourhood, or risk or
injury to propeny.

2. Failure of industrial or commercial concems to provide adequate and

srfe disposal of amuent or p.evention of thei mixing up with the
water supply or sewerage system.

3. Adulteration of any eatable or ddnkable or consumable item sold or

supplied to the Frblic.
624 THE CAZETTE OF PAKISTAN EXTRA AUCUST 2015 PART I

4. Manufacturing, trading, storing or supplying any ealable or drinkable

item and other items unsafe forhuman consumption or public health.

PART-II

S. No. Offence

5. Overcharging or illegallycharging any tax, fee, fine, chaige orrate by

an employee ofa local govemment or a contlactor or his staffwithout
the authority ofa local government.

6. Preparing or using counterleil or proscribed Forms of the local

SOVemmenl

7. Wilfully obstnrcting any omcer or s€rvant ofa local gc'vernment or

any person aulhorized to exercise power confened under this Act-

8. Failure to deliver back possession ofproperty to the local govemmeDt

on cancellation and expimtion oflease.

9. Doing an act without license or p€rm ission when the doing of such act
requires a license or perm ission under any ofthe prov isions ofthis Act
or the rules or bye-laws.

10. Evasion ofpayment of tax or other impost lawfully levie-d by a local

govemment.

11 Supplying or marketing drinkinSwater for human consumption in any

form, from any source which is conlsninated or suspected to be
dangerous to public health, or its usc has bcen prohibited by a local
Sovemment on the ground ofbeing unsafe for human consumption, or
whose quality and suit8bility tbr hunran consumption has not been
ascertained afld certified by a laborstory authorized by the Govemment.

12. Cuhivation ofagriculture produce orcrop, for supply orsale !o public

using such manure, or irrigating it with sewer watcr or any such liquid
as may be injurious to public healrh or offensive to the rEighbourhood.

11. Dyeing or tanning skins wthin such dislancc of any commercial or

residential areas as may be specified by lhc lo(al government.

14. Manufacturing, storing, trading orcarrying firc cracke6, firc balloons

or detonato$ or any dangerous chemical, inflammable, hazadous or
offensive article or material without license from concemed authority.
 P^RrIl THE CAZETTE OF PAKISIIAN, EXTRA., AUGUST 6, 2015 625

15. Immovable encroachmer$ in or on or under iiny property or any open

space or land vested in or maDaged, maintained or controlled by a
local govemment

16. Ercction or re-erectioa ofbuilding over set back area or parking srea
or building line araa requirEd to be left open under the rules for using
such space for atry purpose which is not approved.

17. Manufacturing, keeping, storing or selling wire thread or any other

materialmeant for kite flying or likety to.cause threat to human life or
supply.
el€ctric installations or d isruption ofelectric ,

18. Failur€ to demolish or otherwise secure a building declared by the

local govemment to be dangerous building.

I 9. Establish ing any pad(ing stand on any property or on any open space and publb
park or land vested in or ma[aged, maintained or controlled by a local
Sovemment on or under a st€et, ma4 graveyad or a drain without
the sanction ofthe concemed local govemment-

20. Quarryin& blasting, cutting timber or carrying buildinS operations in

such mamer as causes or is likely to caus€ danger to persons passing
by or living or worling in the neighbourhood.

2t Contravention of the prohibition or attempt or abetment ofany ofthe

offences in this Part.

PART.III

S. No. Offcnce

22. Preparation and sale ofarticle or anicles of food or drink by a person

apparently sulfering ftom any infectious or contagious disease thal
may endanger the health of people-

23 Establishing aDy cattle market without permission of the local

govemmenl,

24. Eslablishing any bus, wagon, taxi or other commercial motorized o.

non-motorized vehicle stand, fo, purposes of plying them on different
mutes, on any mad, street, footpath, public place or alry other property
vested or managed or contuolled or maintained by a local govemment
without its permission.

25. Enablishing or running any reslauranl or vending stalls for eatables on

any road, streel, footpath, public place, over a drain, or any other
property vesting in or managed or controlled or maietained by a local
Sovemment without its permission.
626 1IIE OAZETTE o]] PAKIS TAN. EXTRA., AUGUST 6, 2015 lPaRr I

26. Eslabiishing a brick kiln and lime kiln within such di$ancs ofa residential
area as may be specified by the local govemment.

27. Cuttingdo\\n ofany tree, orerection ordemolition ofany building or

part ofa building where such action is decla-red under this Act to be a
cause ofdanger or annoyance to the public.

28. Confav€ntion oflhe prohibition oratrempt orabetmant ofany ofthe

offences in this Parl.

SXTHS CHF]DULE

lsee scctions 105 & l07l

OFFENCES WIIERE TICKET CAN BE ISSUED

s. No. Olfence Amount of Fine

l. Neglect in safe slomge ofeatable,drinkablc and Rs.1,000 and

other collsumable items sold or supplied to thc Rs.6,000 in
public. case of large
r€slauaants,
holeis and
shops.

2. a. Fixing of wooden khokhas, and temporary Rs.2,000

shops or extensibn thcreofon footpaths or beyond
the streel li[e.
b. Plying ofhandcarts for the sale ofgoods without Rs.40O
permrssron.

3. Failure by the owner or occupier of any land to Rs.1,000

clear away and r€move any vegetation declared
by a Iocal Sovcmment to be injurious to health or
offeDsive to neighbourhoods.

4. Slaughtering ofanimals for the sale of meat at a Rs.1,000

place other than the place set apart for the purpose.

Wilhout the permission offte local govemmenl. Rs.4,000 in

causing or knowingly or ncgligcntly allowing thc case of
contents ofany sink, sewer or cesspool or any other commeroial
ollensive matterto llow, ordrain orto be pul upon
any street, or public plac€. or into irigation channel Rs.1,000 for
or any sewer or drain not sct apan for the purposc others,

6- Keeping or maintaining any cattle in any part oi Rs.1.000

the prohibited zone or failure lo remove the cattle
from the prohibited zone within the specified timc
whcr an order to this effcct has been made.
P^-,ll ]]lE CAZE

7. KeeFing ferocious dogs or other animals in Rs.400

rcsidcnlial arcas ortaking such animals to public
placcs or lhc areas specified b) thc local
government, *,ithoul leash or chain and without
bciaS muzzled orto set atlarge an) animalordog
inft'ctcd with rabics or a[r- othe. infeclious discase.

8- Obsrrucli g or tarrpcring with any road, srreet, tu.2,000

drain or patement.

(). Ol,nnrcrill!orrirnpcringwithan] mJinpipc.mctcr R4.2,000

or any apparatus or appliance for the supply of
water or sewerage system.

10, Without the previous sanction of the local Rs.2,000

Eovornment laying outadrain oraltering any drain
in a slrcct or road; connecting any house drain
with a drain in a public stree! and drawing off,
diverting or taking any water except with the
pcflnissiorr required under tlis Act.

11. Digeing ofpublic lard without the p€rmission in Rs.2,000

writing of local Sovenrment.

12. Burying or buming a dead body at a place which Rs.2,000

placq
is not a public or registercd burial or buming
exc€pt with the sanction ofthe local govemment.

1i. Failurc to fumish, on requisitiot! inform.tion in Rs.600

respect ofany mafterwhich a local govemment is
authorized to call for under any ofthe pmvisions
ol lhisAcl. nrles or bye-laws or turnishing wrong
information.

14. Obstructing lawful se;zr.e ofanimals Iiable to Rs. 1,000

be inrpoundcdon the ground ofviolations ofrules
or byc-laws goveming the picketing, tethering,
keeping, milching or slaughter ofanimals ortheir
Irespass ofprivate or public propert).

l5 Picke!inu. park ing an inral s or co llecting carts or Rs 1,000

vehicles on aDy street. usinB an) strect as a
halting place for vchicle or animals or as a placc
encAnrprncnt !\'ithout the permission oIlhe Iocal

I6 Causing or permitting animals to stray or Rs. i.OO0

keeping. tethering. slalling. feeding or graz ing
62A lHL CAZItT]tr O[ PAKTSTAN, EXTRA., AUGUST 6.2015 [PARr I
any cattle on any road, sheet or thoroughfare
orifl an) puhlicplaceordamagingorcausingor
permitting to be damaged any road, street or
thorough fare by al lowing cattle to move thereon.

17. Dispoial of carcasses of animals within Rs. 1,000

prohibited distance.

18. Failure to dispose ofoffal, fat or any organ or Rs. 1.000

part ofa dead animal in a place set apart for the
purpose by the local govemment.

19. Throwing or placing any refuse, litter or garbage Rs. 1,000

on any street, or in any place, not provided or
appointed for the purpose by a local govemment.

20. Failure to provide for disposal of litter or garbage Rs. 1.000

inside oroutside a shop by itsowoer oroccupier.

21. Failure to maintain clean premises ofthe area Rs.2,000

in front of a shop, office or factory,up to the
public street or road serving this facility.

22. Watering cattle oranimals, or bathing or washing Rs. 1,000

at or near a well or other source of drinking
watcr for thc public.

23. Steeping hemp,jute or ally olherplant in or near Rs.2.000

a pond or anyothei excavatiorl u'ithin such
distance of the residential area as may be
specified by a local govemment.

24. Failure to provide, close, remove, altet repair, Rs. 4,000 for
clean, disin fect or put in proper order imy latrine, commercial/
urinal drain, cesspool or other receptacle for filth, industrial
sullage. wateror refuse by an owner oroccupier concerns and
ot a house. shop, office. industr) or premises. Rs. 1,000 for a
residential
house

25. Failure to cleanthe p.emises, houses, shops and Rs. 1,000

cultivated lands of the plastic bags and other
non-perishablg materials.

26. Damaging or polluting physical environment, Rs. 4.000 for

inside or oulside privale or public premises, in a public premises
manner to endanger public health. and
Rs. l-000 for
private
prcmises
P/.Rr Il THE GAZETTE OF PAKISTAN, EXTRA., AUGUST 5, 2OI5 629

27. Failure by the owne. or occupier ofany land to Rs. 1,000

cut or lrim the hedges growiflg thereon which
overhang ally we1l, tank or other source from
which watet is derived for public use.

28. Failureby the owner or occupier ofany land or Rs.2,000

building to clean, repaiq cover, fill up or drain
off any private well, tank or othei source of
water supply, which is declsrcd under this Act
to be injurious to h€alth or offenslve to the
neighbourhood.

29. Failure to stop leakages of*ater pipes, faucels Rs-2,000

and sanitary fittings resulting indirty w4erpools
affecting physical eoviroiments and breediry of
mosquitoes.

30. Failure ofan owner or occupier ofaqy building Rs. 2,000

or land to putup and keep in good condition
troughs and pipes for rece iv in8 or carrying water
or sullage wator.

31. Feeding o. allowing to b€ fed an animal meant Rs. 2,000

for daiqy or meat purposes, on deleterious
substa[ce, filth or refuse of any kiod which is
dangerous to health ofconsumeas.

32. Dofacing or disturbing, without due authorization, Rs. 2,000

any direction-post, lamp post or lamp
extinguishinS o. any light arranged by a local
govemment.

33 F ixing any bill, notice, play card, poster or othe. Rs. 2,000
pap€r or means of advertis€ment agaiNt or upon
any private or public buildinSor place other than
the places fixed for the purpose by a local
govemment.

34. Exhibiting any obscene adveftisement. Rs.2,000

630 THE GAZET'I]-] OI'PAK]S TAN. EXTRA., AUCI]S-T 20 t5

l5 Loud playing ofmusic or radio, beating ofdrum Rs. 2,000

or tom-tofi, blowing a horn or beating or
sounding any brass or oth€r instruments or
ulc sils in contravention of any general or
spccial prohibilion issled by a local govemmcnt
or in and around a hospital or aD educatio[a]
institution-

36. .Loud shouting in abrsive language causing Rs.2,000

distress to th€ inhabitants of a neighbourhood
or village or any other public place.

37. Using or allowing the use for human habitation Rs. 2,000
o-f a building declared by a local government to
be unfit for human habitation.

18. Failurc 1() lime uash or rcpair a huilding, if so Rs. 2.1100

rcq rred b-!- localgovernDrent.

iq li(!!ir,r rrnt,,,n','.alrl] for.rlFr. b] e\posr,! , \ Rr t.00',

dclnrlriry , r rlr.c.r* ,'r an1 oIfer]si\e (.rt ,{
Bound to solicit charily

10 ('ausing or permitting to be caused by an) Rs 2.000

owncr or kceper of an animal which. through
ncglect or olhcrwise. (lamages an)' land or crop
r,r produce of lard, or xny public road

41. :iclling catlle and animals in cortraveDlion of Rs. 2,000

anr- law. rullj (n b]'e-laws
ofa local governnrcot.

42. Kile flying in conlravention ofany general or Rs.600

spcci fic proh ibition issued by local governmcnls.

1i Keeping pigeon or other birds in a manncr Rs. I,000

causing danger to air traffic.

C(u(raventionofanyprohibilion ordirectionof Rs. I.000

1he local govcrnment issued undcr lhis Acl or
the ru1es.

4-r Attempt or abetment of anv of the offence in Same as for

this Schedule. ahe offence
speoificd in the
Schcdule
P^f,r ll THE GAZITTI] OF PAKISTAN. EXTRA,, AI'GUST 6, 2015 6il
SEVENTIi SCHEDUI-I]

[.ice section 105(d)]

Name & Address of N,me & Address of Name & Addrcss or Nanre & Address of
lhc Offender: thc Offend.r: tle Offender: the Offender:

NIC No. Nt(l No. NIC No. NIC No

Particulars of Particllars of Padiculan of P.ni.ulars ot

of Ofrncc(Scction .of offence(Secrion of Offen.r:(Sccrtr,i
O,tnce:(sdtion oi
of taw $irh delailr of Law with dcbils of tiw siih detaits
l"a\v snh deuils ol
oilencer: offenccr: orTemer: oifcnces)l

Dale of commission Date of commlssion Date of commission

olorcncc: ofoffencr:
Amount of Finer tu. Amourt of ljinc: Rs.

(in lette6) (in lerers) (in letler, (in lcters)

Datc b"" whicn the Darc by which dle Date by which lhe Dar. by which rhc
Fine is to b. paid Fine is to b€ paid
Nor.: np Mo"nt of tNote: The ano@t af Nole, l'tu anounr o/ Note: The atuou t ol
ltu shatt bc lihe sha be in sha be fire $o bc
deposited in Bdrt) deposited in Bank) depotied in B@k) deposited ik Bdik)

Cor.clive actions Cofiecdv. actions Corectiv€ ,ctions Cor€ctive actiont

o.dered: ordcred: ord€red:

Nam€ of rhe Coud Name of lhc Coun Name of lhe Cou(

havingjudsdiclion:

Signaturc or Thumb Signature or Thumb Signatore or Thumb

lmpression of dl€ hnpression of rhc
Offenderl Offender:

SignaMes of Signaturcs
lnspedo Seal SiSnaturcs

Copyl to be Cort4 th be Cop-J (lo lre

ht: tctditrd b), Ollendq rctlrncd to hlspc.tot
on pu),ncnt oflk) h), o.llei.t r uttq
Payte \lnhin t.
,lort)
olJice4
632 TIIE CAZETTE OF- PAKISTAN, EXIRA., AUGUST 6 2015 [P^rr I
EIGHI'II SCTIEDT,ILE

fsee sections 117& 118]

Prn - I (Rules)

l. Local Govemment (Conduct of Elections).

2. Loc6l Govemment (Conduct of Business).
3. Local Oovemment ('lhxation).
4. t ocal Covemment (Prop€rty).
5. [.ocal Covernment (Auction).
6. Local Govemment (Births, D€alhs, Mariages and Divorces).
7. Local Govemment (Servanta).
8. Local Govemment (Budget).
9. Local Covemment (Accounts).
10. Local Govemment (Contracts).
lt. l,ocrl Covemment (Wo*s).
12. Local Govemment (Conduct of hspections).
13. Local Govemment (Conduct of elected officials).
14. Local Govemment (Fiscal Transfers).
I5. t ocal Govemment (Delegation ofFinancial Powers).
16. Any other set of rules necessary for the implemenlation ofthis Act.

Part-II (Bye,lews)

t. Conduct ofmeetings.

2. Fixing ofwooden khokhas, ptying ofhandcarls fo. the sale ofgoods,

and tempomry or pemanent shops or extensions thercofon footpatfis or b€yond the
sh€et line.

3. Watering cattle or animals, or bathing or washing at, or, near a well or

othcr source ofdrinking waler for the public.

4. Registration and regu lation of institutions for orphans, widows, senior

citizens, mentally ill, and women in distrcss,

5. Regulation ofburialand cremation places.

6. Slaughterof animals and maintenance of slaughter-houses

7. Prevention of adulleration of foodstuffs.

P^Rr ll l HI] CAZETTE OF PAKIS'IAN, EXTRA.. AUCUST 6, 2OI5 633

8. Animal husbandry ad milk supply.

9. Prerention and abatemcnl ofnuisances,

10. Dangerous ard offensive trades and arlicles.

11. Regulation of parking.

I2. Organizrlron and regulatioo of fairs- shows, loumaments and other

public galherings.

13. Prevention ofbeggary, juvedle delinquency and other social evils.

14. Licrnsing.

15. Markets.

16. Libraries.

17. Parks and open places.

l8- Prevention ofair, water, nois€, and soil pollution.

19. Plantation.

20. Picketing, parking a, ima ls or collecting carts or vehicles on any strect.

21. Throwing or placing any reflrse on any street, or in sny place not
provided or appointed for the purpose.

22. D)eing or tanning animalsLins.

23. Tampering with any main, pipe, or any apparatus or appliance for the
supply ofI'rater

24. Excavation ofearth, stone or any other material.

25. Disposing of carcasses of animals.

26. Use of sewer water for farming.

27- Flow or drain to be put upon any street, or Frblic place, or i o an

inigation channcl or any sewer or drain not sct apart for the purpose.
634 lHE GAZETTE OF PAKISTAN, EXTRA., AUGUST 6, 2015 IPARTI

28. Fixing any bill, notice, placard, or other paper or deans ofadvertisement
against or upon any building or place other than the places fixcd for the purpose by
the local govemment.

29. Such other matters as in $e opinion ofa localgovemmcnt are flecessary

or expedient to be providcd for in lhe byelaws to achieve the objectives ofth is Act.

NINTH SCHT':I)T]LE

[see section 12l]

GENERAL POWERS OF LOCAL GOVERNMENI'S

Animals

l. ProhibitioD of picketing or tethcring in streets--No animal shall

be picketed or tethered in such streets or places as may be specificd by the local
goverunmt and any cnimal found pickclcd or lclhered in any su(h ilrecl or place
shallbe liable to seiT.ure and impounding.

2. Prohibilion egairst keeping and meiDtrining cattle.-(l)

Notwithshnding anyhing contained in aoy other law or any agreemenl, instrumenl,
custom or usage or decree, judgment or ordcr ofany court or olhcr authorit-v, the
local goremment may declare any part ofits local area as a prohibitcd zone.

(2) At any time alier a declamtion under sub-paragraph (l) has b€en
made, the local govemment may, by generalor special notice, prohibitthe keeping
and maintaining ofthe caftle by any peEon in the prohibited zone.

(3) No person shall, afler the expiry ofthe'period fixed lnder suLpamgraph
(2), keep or maintain cattle in any pan ofthc prohibited zone:

Provided that the prohibition shal I not apply to-

(i) cattle kept bona Jide for sacrificial purpoxs;

(ii) cattle kept for drawing carts or use in mills, with the permission ofthe
local govemment and subjccl to such conditionsas it may impose;

(ii0 cattlc undcr treatment in any veterinary hospital;

(iv) csttle brought lo a cattle market demarcated by the local govemment

for purposes of mle; and
 P""'I] THE GAZETIE OF PAKIS
(v) cattle brought to a slaughter-house oa kept by butchers for purposes
ofslaughter within the area demarcated bythe localgovemment.

(4) Persons affected by the prohibition order urder sub,paragraph (2) ro

meel their genuine needs may be allowed to keep and maintain their cattle at dle
places eamarked as 'tattle colonies" by the local government on such terns and
conditions as itmay impose.

3. Dangeaous animals-A localgovemment may, by byeJaws, define

the animals which shall be deemed to tle dangerous animals and the circumstances
under which animals not otherwise dangerous shall be deemed to be dangerous and
such bye-laws, among other matters, may provide for the detention, d€struction ot
d isposa I otlrerwise of such animals.

4. Dbposel of carcasss.-Whenever an arrimal in the charge of a

permn dies, otherwise ihan by b€ing slaughtered for salc or consumption or for
some otier religious purpose such person shall either

(a) convey the carcasses with in twenty-four hours to a plsc&, ifany, fixed
by thc local govemment lor the disposal ofthe dead bodies ofanimals;

(b) give notice ofthe death to thc loca! Sovemment whereupon the local
govcrnment shall cause the carcass to be disposed ofand charge such
fees from the pe_Eon concemcd as the bye-laws may provide.

5. Admsl husbardry.{1) A local government may provide for lhe

est blishment, maintenance and management ofvete.ioaD/ hospitals and dispensaries
and by bye-laws rcgulate their working and fix the fees lo be chaged for treatrne
in such hospitals and dispensaries.

(2) A Imal govemment may, by bye laws, define contagious diseas€s among
animals and prov ide for measures that shall be adopted for prevention ofthe spread
ofsuch diseases including the compu lsory inoculation ofanimals, arld the subjection
to such treatrnent as may be nec€ssary of such animals as may be suspected to
have been infected with carriers of any such disease.

(3) A local govemment may, through bye-laws, provide means and

measres to prevent cruelty to animals.

6. Animal fams.-A local govemment may esfablish, maintain and mfiage

cattle farms and poultry fams" and such fams shall be managed and administered
in sirch manner as the bye-laws may provide.
636 TllE GAZETTE oF PAKISTAN, EXTRA., AUGUST 6, 2015 IP rI
7. Regbtretion of the sale of crttle.-A local govemment may, by
byclaws, rcquir€ that sale of such animals as rnay be specified shall be re8istercd
with the local govemment in such manner and subject to the payment ofsuch fees
as the bye-laws may provide.

E. Cattle shows, zoo, etc.- (l) A local government may hold cittle
shows, cattle fairs and cattle markets within the limits ofits local area and charge
such fee or t&i p€r cattle head sold as the byeJaws may provide.

(2) A local government may, with thc previous approval ofthe Govemment,
maintain or contribute towards the maintenance ofzoological gardeDs.

9. Regisfration aod contnol of dogs. { l ) A local govemment may

make bye-la\}s to provide lor the registralion ofall dogs kept in such area or arcas
within ils local area as may be specificd.

(2) Such byeJaws shall

-.
(a) require tie registration, by the local govemmenL ofall dogs kepl wilhin
the area or areas specified or any part thereol

(b) rcquire that every registered dog shall wear a collar to which shall be
attached a metal token to be issued by the regishation authority of the
local government and fix the fee payable for the issue thcrcof;

(c) require that any dog which has not been registered or which is not
wearing such token shall, if found in any public place, be detained at a
plac-e set apart for the purpose; and

(d) trx th€ fee which shall be charged for such detention and provide that
any such dog shall be liable to be destroyed or otherwise disposed of
unless it is claimed and the fee in respect thereof is paid within one
week, and may provide lor such other matters as the local goveanment
thinks fit.

(3) A local government may

(a) cause to bedeshoyed orconfined for such period as it may direcl, any
dog or other an imal which is, or is reason bly suspected to be, suflering
from mbies, or which has bcen bitten by aoy dog or other animal
suffering or suspected to be sulfering from rabies;

(b) by public notice direct that, after such date as may b€ specified in lie
notice, dogs which are without collars or without marks distinguishing
 P4RIU IHE GA?.EIIE q! B!]S]I4N.!{IR41AUGUS16. 2015 631

them as private property and are found rtraying on the streets or beyond
the enclosuresofthe houses oftlleirowners ifa y may be destroyeq
and cause lhem lo be deslroyed acuordingl]:

(c) require the owner or person in-charge ofany dog-

(i) to rcstrain it so that it is not set at large in any street without
being muzzlcd, leashed orchained: and

(ii) to provide immediate information, ifthedogbelonging tohim has

been bitten by any anim.l suffering or reasonably suspected to
be suffering from rabies or any olher infectious disease.

(4) No damages shall be payable in respecl of any dog or other animal

destroyed or othcrwise disposed ofundcr this paragraph.

10. Power to seize,-{l ) A cultivator, tenant, occupier, vendee or

mortgagee of any land or crop or produce or any part thereofor any person who has
advanced cash for the cultivatic ofcrop may seize or cause to be seized afly animal
uespassiDg on such land and doir damage thereto, or any crop or produce thereon,
to send them or cause them to be sent with twenty-four hours to a pound established
under this Act.

(2) Persons in charge ofpublic roads, pleasure grounds, planradons canals

dminage works. embankments and tie lile. and lhe officers ofpolice, may seize or
cause to b€ seize animals doing damage thereto, and shall send them or cause them
to be sent, within twenty four hours ofthe seiante, to the nearEst animal pound.

ll. Poutrds.-A localgoverrrmcnt rnay eslablish such numbcrofanimal

poundsas may necessary and may fix, from time to time, the location oftheanimal
pounds, the mte feeding, watering and acconr [rodalin g the impourded animals.

12. PouDd keepers.-A local govcnrment may appoint pound-keepers

on whole-time or partime basis on such terms and conditions as may
t€ fixed.

13. RegisteN end rcturns.-< 1) A pound-keepq shall keep such registers

and furnish such retums as may be re4uired by the local govemment.

(2) When arimals are broughtto the pounds, the pound-keeper shall enter
in the register the number and description ofanimals, the day and hour on which
they werr brought,lhe name and residence ofthe seizurer and that oftheowner, if
known, and shall Sive the seizurer or his agent a copy ofsuch entry.
 THE GAZETTE OF PAKTSTAN IA.UGUST 2015

14. Possession and feeding,-The pound-keeper shall take charge oi

feed and water lhe animals until they are dispos€d ofas hereinafter provided.

15. Fin€s for impounded animals.-For every animal impounded under

this Ac!
the pount keeper shall lery a lme in accordance with the scale fixed by the
localgovemment and the fines so charged shall form part ofand be credited to the
local fimd.

15. Delivery or sale of animals.-<l) If the o*mer of an impounded

animal or his agent app€a$ and claims the animal, the pound-keeper shall deliver it
to him on payment ofthe fine and charges incured in respect ofsuch animal under
proper reaeipt to b€ recorded by the owner or his agent in the register.

(2)
Ifthe animal is not claimed within seven days ofimpounding, lhe pound-
keepers shall inform the officer in charge ofthe Police Station rvho shallthereupon
display at conspicuous place in his office a notice statinS the number aod description
ofanimals an places ofseizure and impounding.Asimilarnotice shall be displayed at
a conspicuous place in the office of tie localgovemment.

(3) Ifthe animal within seven days ofthe notice it shall be

is not claimed
sold by the local govemment by open auction after giving sufficient publicity in the
local area:

Provided that the person auctioning the animals or the pound-keeper or his
relatives shall not bid for or purchase the impounded animals.

(4)
The proceeds ofthe sale ofthe animal shall be paid to the owner ifhe
sppeam sirhin six months qflhe sale. afier deduction offines. feeding and olher
charges.

Arboriculture

t7. Arboriculture.-A local govemment shall plant tr€es on public streets

,nd other public places within its local area and take all such steps as may be
nec€ssary for the plantation an protection oftrees on such streets and places.

18. Nuisance pertaining to tr€es and plantations.-( 1) A local

govemmept may, by by-laws, determine the pests oftrees and plants and provide
for theh desfiuction.

(2)
lfany land or prem ises with in the local area ofthe local govemment is
growo wit mnk ornoxious vegetation, or under-8ro\ith, the localgovemment may
by notice require tho ow[er or the occupier ofsuch land or premises to clear such
 OIJ PAK 6,2015 639

vegetation or under-groMh within a specified time and ifhe Iails to do so within

such time, the local govemment may have such vegetation or under-growth clearcd
and the cost incuned shall be deemed to be tlx levied on the owner or occupier
under thisAct.

(3) A local govemrnent may, in dre marner povided in Sre bye-laws, Fohibit
lhe cultivation of any crop which is corNidered dangerous to public health within
such part of its local area as may be specified.

Boutrdrries aod Trees

19. BouDd.ry wrlls, hcdgcs aDd fenc.s.-{l) No boundary wall hedge

or fenc€ ofany material or description shall be crected in such parts ofa localarea
as arc specified by a local govemmenl withoul thc permission in writing ofthe local
govemment.

(2) A local govemment may, by notice in witing, requirE th€ owtrer or

lessee of any land in is local area-

(a) to remove from $e land any boundary wall, hcdge or fence which is,
in its opinion unsuitable, unsiShtly or otherwise objeclionable; or

(b) to constoct on the land suflicient boundary walls, hedges or fences of

such material, description or dimensions as may be specified in the
notice; or

(c) to maintain the boundarywalls, hedgesorfences ofsuch lands ingood

order:

Provided that, in the caseofany such boundary wall, hedgeorfcnce which

was erecled with the conseol or uoder the orders ol'thc local govemment or which
was in existcnce at the commenccmenl ofthisAct,lhe local govemment shall make
compensation for any damage oaused by thc removal thereof.

(3) A local govemment msy, by notice in writing, require the owner, lessee
or occupierofany such land to cut ortrim any hedge on the land in such marner and
within such time as may be specified in the notice.

20. Fellitrg,loppiDg ar trimming of tre€s.-<l ) Where, in the opinion

ofthe local govemment the felling ofany tree ofmalure Browlh stalding in a private
enclosure in its localarea is necessary for any reason, the local govemment may, by
notice in writing, require the ownet lessee or occupier ofthe land to fell the tree
wilhin such time as may be specified in the notrce.
640 IlTE GAZETTE OF PAKISTAN F AUGUST 20t5

(2) A local government may-

(a) cause to be lopped or trimmcd any tree sknding on land in its local
area which belongs to the localgovcmment; or

(b) by public notice require all owners, lessees or occupiers ofland in its
local area or bynotice in writing require the owner,lessee or occupicr
ofany such !and, to lop ortrinr, in such manner as may be specified in
the notice, all or any trccs slanding on such land or to remove any
dead trees fiom such land.

Buriel Placcs/Grarcvards and Cremrtion

21. Power to call fof informetion regrrdidg burirl and burning

gmunds.--{ I ) The local govemment may, by notice in writins .cquire the orl,|rer
or person in charge ofany burial or buming ground within its area to supply such
inlbrmalion as ma) be specified in Lhc notice.

(2)No place which has not been used as a burialor buming ground before
the commencement ofthis Act shall be so used without the permission in writing of
the local govemment.

(3) No new burial or buming place shall bc established within the local
area ofa local govemmert except undcr a liccnce granted by the local govemment
and in conformity \rith the conditions ofsuch ljcencc-

(4)A burial or burning place which is not administered by a local

governmcnt shall be registered with the local govemment and shall b€ subject to
regulation, supervision and inspection by it in such manner as the bye-laws may
provide.

(5)Thc Govemment may, by notification, declare that any graveyard or

burial or burning place which is open to public for burial or buming shall vest in 6
local govemment and thereupon such burial or buming place shall vest in the local
govcrnmcnt and itshall take allmeasures necessary lbrthe proper maintenance and
adnriIistmtion thereof.

(6) A local govemment may provide suitable places for the graveyard or
burial or buming of the d€ad, and shall take necessary measunes for proper
maintenance and administration ofsuch burial and buming places.

(7)(a) Wlere a local govemment aft€r making or causing 1,] be nrade a

local inquiry is ofopinion that any burial or buming ground in its local area has
 PAR-tll THE CAZETTE OF AUGUST 6, 2OI5 641

become offensive, to, or dangerous to, the health of, persons living in the
neighbourhood, it may, by notice in writing, require the owner or person il charge of
such ground to close the sam€ from such dale as may be specified in the notice.

(b) Where such notice is issued, the local govemment may provide at its
own exp€ns€ or, ifthe community concerned is willing to provid€ a new burial or
buming ground, shall provide a grant to bc made towards the cost ofthe same.

(E) No corpse shall be buried or bumt in asy burial or buming ground in

respect of which a noticc issued under this pamgraph is for the time being in forc.e.

Clrlture

22. Culture,-A local govenunent may-

(a) establish and maintain information centres for the furthemnce ofciv ic
education and disseminalion of information on such matters as
community development and other matters ofpublic interest;

(b) provide and maintain public halls and commun ity ceotrEs;

(c) celebmte national occasions;

(d) cncourage nation.l alld regional laaguages;

(€) promote physical cultue afld encourage public &mes and sports and
organize rallies and toumaments;

(f) provide, Fomote or sbsidise facilities for dre recrcation ofthe public.

23. Librrrics.-A local gov€mrnent may establish and maintain such

libmries, reading rooms and ci.culation |ibraries as may be necessary for the use of
thepublic.

24. Fails ard shortrs"-A localgovemment may make such arangements

on the occasion ofany fairs, shows or public festivals within its local area as may be
necessary for the public hcalth, public safety and public convenience, and may levy
fees on the persons attending such fairs, shows and festivals.

DrngercB ard OfIcrlive Articles rrd Trad€s

25. Dangerous and olf€trsiv€ erticlB and rrades.--{ I ) The arlicles

and t.ades specified in First Schedule shallbe deemed to be dangerous or offensive
for purposes of this pamSraph.
 g2 THE CAZEI-TE OF PAKISTAN, EXTRA,, AUGUST 6, 2OI5 [P,^(r I
(2) Except under and in conform ity with the conditions ofa licence granted
by the localgovemment-

(a) no person shallcarr;,on any dangcrous or olltnsivc lrad€:

(b) no premises shall b,e used or offered to b€ used for any dangerous or
offensive Eade; and

(c) no p€rsoD shall storc or kecp in any premises-

(i, anyda gerous or offensi\e anicte5 fordumcsri( use: or

(ii) any dangerous or offensive articles in excess ofsuch limit and

quantity as may be fixed by the byeJaws-

(3) Notwithstanding the gmnt of a licence und€r sub-paragraph (2), the

local government may, for reasons io be recorded, and after notice to the person
affected, pass an order for the prohibition, closurc or removal of any offensive and
dangerous trade or anicle if such action is deemed expcdient or necessary ro
implement the order.

Drainage and Sewerrge

'26. Drainage.-{l )A localgovcrnment shallprovide an adequate s}stem

ofpublicdrains in its local area and all such drains shallbe constructed, maintained,
kept cleared and emptied with duc rcgard k) the health and convenience of the
public.

(2) Every owner or occupier ofany land or building within the local area
ofthe localgovemment may. with its prev ious permission, and subject to such terms
_ and conditions, includ ing the payment o f fces, as it may impose, cause his drains to
be emptied into public drains.

(3) All private drains shall be subject to control, regulation and inspection
by tie localgovemment.

(4) Subject to the pmvisions ofany other lau'for lh€ lime bcing in force,
the local govemment may, by notice, dircct a commercial or industrial conccm to
provide for the disposal ofits waste or elllucnt in the manner specified, and failure
on the part ofowner, tenant or occupicr thcreofto comply with such directions, shall
be a municipal offence.
 PaK. THE GAZF,TTE OF PAKISTAN. EXTRA,. ATJGUST 6, 20I5 643

(5) A local govemment may, by notice, require the owner of aoy building,
land or an industrial concem within its local area-

(a) to consruct such drains within the building or land or the seeet adjoining
such building or land and to take such other measures for heatrnent
and disposal ofemuent as may be specified in the notice;

(b) to remove, alter or improve afly such drains: and

(c) to takc othersteps lbr thc ctltctiv€ drainage ofthe buildingorland as

may b! sp€cified.

(6) ln ca\e ofthihrre ofo\rrer to comply with lhe requiremens ofnotice

under sub-paragraph (5). thc local govcmmcn( may ilsclfcause such requiremenls
to be canied out, and the cost so incuned shall be deemed to be a tax levied on the
o\ner of re building or land urrder this Act.

27. Dminage and sc*,cmge schemes for commercial and industrial area--
(I) A local go.,,e m,n cnl may, by nolice, requ ire the owne$, tenants and occupiers of
commercial and industrial concems in any arca or areas within its local area to have
at their o\ n cost prepared a scheme for the adequaE and safe drainage and disposal
oftheir wastes and effluent ofthe quality perm itted uoder tie rule or the bye-laws
ard submit itto tJle localgovernDrcnl within the time sp€cified in the noticE:

Provided that lho time limit may be extended by the localgovemment for a
maximum p€riod ofthrec monlhs al lhe request ofthe owne$, t€nants or occupiers
ofthe commercial and the industrial units concemod.

(2) The drainage, sewerage and disposal scheme as approved by the local
govemment with modifications, ifany, shall be execDted and implemented by the
owners, tentuits or occupiers ofthe coftmcrcidor indusfisl units at their expense in
such manner and within such time as may b€ specified by the local gov€mment.

(3) In case of lhc failure of the owners, terlants or occupiers of the

comm€rcial or industrial concems to comply with the prov isions of sub-paragmphs
(1) and (2), the local govemment may itself prepare the dminage, sewerage and
disposal scheme and execute and implcment it at its own expense, and the cost so
incuned shall, under th is Ac! be deemed to be a l&\ lcv ied oo the owners" tenants or
occupiers of the industrial and commercial unils concemed.

Food and Markels

2E. Public markets snd slirghter-houses.-{l) A local govemment

may provide and maintain within its own local areq public mrrkets and public
644 THE CAZE,I'TE OF PAKISIAN

slaughter-houses, in such number as it thinks fit, togelher with stalls, shops, sheds,
pens and oth€r buildings orconvcnicnccs for thc usc ofpersons carrying on Uade or
business in or lrequenting such markets or slaught€r-houscs, and may provid€ and
mahtain in any such market buildings, plac$, machines, weighs. scales and measures
fo. th€ weighment ormeasurcmenl ofgoods sold therein.

(2) A local govemment may. at any limc by public notice. either close or
relocate any public marketor public slaughter-house orany part fiereof-

29. Use of public markel..-{l) An otficer or servant bf the local

govemment authorized by it in this behalfmay summarily remove a person from a
market ifthe person conducting business in the market without the general or special
permission of the local govemmenl

(2) Any person contravening the provisions ofthis paragraph and any
animal or article exposed for sale by such person may be summarily removed fiom
the market by or under orders olthe local govcmment by an officer or servanl of
the locol govemment authorized by it in lhis behalf.

30. L€vy of saallxgs, reots aDd fees.-A local govemment may, itr
r€spect ofa public market and a public slaughter-house:

(a) charge such stsllages, rents and fees rs itthinks fit for the occupation
or use ofany slall, shop slanding, shed or pen in a putllic marke! or
public slaughter-hous€, or for the right to expose goods for sale in a
publicmarkel, or forweighing or measuring goods sold therrin, or for
the right to bring in goods on vehicles or animals, or for animals brought
for sale or sold, or for the right to slaughter animals in any public
slauShter-house; or

(b) put uplo public auctions ordisposeofby private srle.lhe privilege of

occupying or using any stall, shops, standing, shed or pen in a public
market orpublic slaughtcr housc forsuch term and on such conditions
as it may approve.

31. Stallagcs, rcnts, ctc. to bc publkhed.-A copy ofthe tdble of

stallages, rents and fees, ifany. leviable in any public market or public slaughter-
house and ofthe bye-laws madc undcrthisAct fbr the purpose ofregulatingthe use
ofsuch market or slaughter-houso, printed in Urdu and in such othff language or
langua8es asthe local Bovcmmcnt may dirccl, shall bc affixed in someconspicuous
place irl the market or slaughter house.

32. Private markeb ard slrughter-how$.{l ) No place in a local

area olher than a plblic market shall be used as a market, and no place in a local
 THE CAZETTE OF PAKISTAN, EXTRA., AUGUST 5, 2OI 5 645

area other than a public slaughter-house shall be used as a slaughter-house, unless

such place has heer licensed as a market orslaughter-house by the localgovemment.

(2) Nothing in suEparagraph ( I ) shall be deemed to reshict the slaughter

of any animal in any placc on the occasion of any festival or cerEmony, subject to
such conditions as to prior or subsequeot notice as the local govemment with the
previous sanction of the local govemment rnay, by public or special notic€, impose in
this behalf.

33. Conditions of grrna of licence for private E.rket or sl.[ghter

house.- ( I ) A local govemment may chatge such fees as may b€ approved for the
g.ant ofa licnece to any person to open a private ma*et or private slaughter-hous€
and may gmnt such licence subject to such conditions, consistent \rith this Act and
ary byeJaws, as it thinks fit to impos€-

(2)A local govemment may rcfirse !o grar( any such liceflce for reasons
to be rccorded.

34.Prchibition of keepirg m.rkel or shughter-house opeD without

licence, etc.-{
I ) No person shallkecp open forpublic use any market orslaughter-
house in respect ofwhich the licence has either been suspmded or cancelled.

(2)wlrcn a licenc€ to opdn a private market or private slaughter-house is

graoted or refused or is suspendcd or crncellcd, the l(rcal govemmenl shall caus€ a
notice ofthe gran! refusal, suspension or cancellation to be pasted in Urdu and in
such other language or languages as it thinks necessary, at some conspicuous place
near by the entrance of the place to which the notice relates.

35. Prohibilion of using utrlicelsed Dsrkel or shughaer-house6.-

No person, kno\ring that any market or slauShter-house has been op€ned to the
public without a licence having been obtained therefor wheo such licence is requircd
by or under this Ac! or lhat the licence granted ther€for is for the time b€ing suspended
or that it has been cancelled, scll or expose lbr salc any article in such market, or
slaughters any animal in such slaughter:house.

36. ProhibitioE ind restriction of usc of slaughter-housB.-{ I )

Where, in the opin ion ofthe l(ral govemment it is necessa4/ on ymitary grcunds so
to do, it may, by public notice, prohibit for such period, not cxceeding one month as
may be specified in the notice, or for such furlher period, not exc€€ding one month,
as it may sp€ciry by like notice, lhe use ofany private slaughter-house specified in
lhe notice, orthe slaughter ther€in ofsry animal ofarly description so specified.

(2) A copy of every notice issued under sub-paragraph (l) shall be

conspicuously posted in the slauShter-house to which it rElates.
616 NIE GAZET-TE OF PAKIS N I]XTRA AUCTJST 20I5

37. Power to inspect slaughteFhouse.--( I ) Any servant ol a local

govcmmcnl authorized by order in writing in this behalf by the local government
may, ifhc has reason 10 heliele that any animal has been. is being, or is about to be
slaughtered inan,vplace in contravention of the prov isions o{'lh is Acl enler intoand
inspect any such place at any time, whether by day or by night.

. (2)
Every such ordershall specify the placeto be entered and thc locality
inwhich the same is situated and the pcriod, v,,hich shallnotexceed sevendays, for
which the order is to remain in force.

3 E.
Power to m|ke bye-laws.-A lo€al govemmcnt inay make bye-laws
consistent with this Act to provide for all or any ofthe following matters, nanlc ly:

(a) the days on, ard lhe hours during, which any private mar&et or private
slaughler-house may be kepl open for usel

(b) the r€gulation ofthe design, ventilation and drainagc ofsuch markets
. and slaughter-houses and the materialto be used in thc conslruction
thereof:

(c) the keeping of such markets and slaughtcr-houses and lands and
buildings appertaining there to in a glean and sanitary condition, the
removal offilth and refuse there ftom, and the supply tierein of pure
water atld ofa sufficient number of laaines and urinals for thc use of
persons usirg or frcquenting the same:

(d) th€ manner in which animals shall be stallcd at a slaughter-house;

(e) themanoer in which animals may be slaughtcred;

(f) the disposal ordesEuction ofanimals offer€d for slaught€r which ore,
from dis€ase orany oth€r cause, unfit for human consumptioo;

(g) the destruction of carcasses which from disease or any olhcr caus€
are found aiier slaughterto be unfit for hunran cofisumption: antl

(h) any other matler which the local govemment may consider necessary
including any specific exemptions from the application of the bye-
laws.

39. Bye-larvs for .rticle3 of food aad driDk-A local govemment may,
by bye-laws
-
 TI{E GAZETTE OF PAKISTAN, EXTRA,, AUGI]ST 6, 2OI5 ul
(a) prohibit the manufacturc, sale or preparation ot the exposurc for sale
bfany specified articles.offood or drink in any place or premises not
licensed by the Iocalgovemment;

(b) prohibit thc import into its local area for sale or hawking for sale, of
any specifies article of food or drink by person not so licensed;

(c) pmhibit the hawkings ofspecified anicles offood and drink id such
paits of it local area as ay be specified;

(d) regulate the time and maoner ofaanspo.t within its local area ofany
specifies anicles of food or drink;

(e) regulate the grant and withdrawal oI3 licence under this paragraph
and the levying of fees tierefor; or

($ provide for the seizurc and disposal ofany animal, pouitry or fish
intended for food which is diseased, or any anicle of food or drink
which is noxious.

40. Milk supply.-{l) Except under a liceflce granted by the local

govemment and it conformity with the conditions of such licence, no person shall.
unless exempted by the local govemment, keep milch caftle for the sale of milk or
sell m ilk or expose or import milk for sale or manufacture butter, ghee, or any other
milk for sale or dairy product, nor shall any premises be used for such purpose.

(2) A local govemment ma),, in the manner prescribed, fmme and enforce
a milk supply scheme which may amongother maften providc lor th€establishmcnt
of mikmen's colonies, the prohibition ofthe keeping ofm i lch cattle in the local arca
or any part thercof and the adoption of such other measures as may be necessaty
for ensuring an adequate supplyofpure milktothe public.

41. Fe€ding snimals on dirt, etc, No percon shall feed or allow to be

for on fillhy or delelerious subslances any animal, which is kept for purposes of
supplying milkto, or which is intendcd to be used for human consumption or allow il
to graze in any place in which gmzing has, for sanitary rcasons, been prohibiled by
Iublic notice bythe local govemment

42- Powers of cntry rnd seizur€.-{l) An ofticer or servant ofa local

govemmentauthorized by it in writing io thisbehalf-
(a) may at any tim€ enter into any market, buildin& shop, stall or other
place in the local area for the purpose of inspectin& and may inspect,
64E I]]E CATETTE oF PAKISTAN, EXTRA., AUGUST 6, 2015 [P^RrI

any animal, article or thing intended for human food or drink or for
medicine, whether exposed or hawked aboul for sale or depos ited in or
brought to any placc for the purpose ol sale, or of prEparation for sale,
or any utensil or vcsselfor preparing, menu facturiog or containing any
such article, or thing, and may enter into and inspect any place us€d as
a slaughter-housc turd may examine any animal or article therein;

(b) may seize any such aiimal, article orthing which appears to him 1(, be
disea-sed. or unwholesome or unfit for hunan food or drir* or medicine
or to be adulterated or to be not what it is represented to be, or any
such utensil or vesselwhich is of such a kind or in such a sate as to
render any article prepared, manufacturcd or contained therein
unwholesome orunfit for human food or for medicine.

(2) Any article s€ized under sub-paragraph (l) which is ofa perishable
naturc may forthwith be destroyed il
in hisopinion, il is diseascd, unwholesome or
unfit for human food, d rinl. or medicine-

(3) Every animal, article, utensil, vessel or otherthing seized under suE
paragraph (l)
shall, iair is not dcstroyed under slrL paragraph (2), be taken before
a competent court which shallgive orders as to its disposal.

Explanalion-1.-lf any such article, having bcen exposed or stored in, or

bmught to, any place mentioned in sub-paragraph (l ) tbr sale as dsli (pure) ghee,
contains any substance not exclusively derived from milk, it shall be deemed, for
purposesofthis paragraph, to be an articlewhich is not what it is represented to be.

Expbndion-Il-Meat subjected to the process of blowing shall be deemed

to be unfil for humrn food.

Explanarion-IlI.-l}:€ article of food or drink shall not be deemed to be

other than what it is represented to be merely by rcason of the fact that there has
been added to it some substance not iniuious to health:

Provided that-
(a) such substance has beefl added to the ailicle because the same is
required for the preparation or production there of as an adcle of
commerce in a state fit for carriage or consumplion and not fraudulently
to increase the bu lk, weight or measure ofthe food or dink or conccal
the iderior quality thereof, or

(b) in the prffcss ofproduction, preparation orconvc) nncc ()l \uch anicle
of food or drink, the extmneous substance has unavoi(lably bccome
intermixed therewith. or
 P^R, Il THE GAZETIII oF PAKISTAN, EXTAA., AUGUST 6, 20ls 649

(c) the owner or person in possession ofthe article has given sumcient
notice by means ofa label distinctly and legibly written or prinled
thereon or therewith, o. by other means ofa public description, that
such subsgnce has been added, or

(d) such orxner or person has purchased rhd article wi$ a fiitten $armnry
that it was ofa certain nature, substance aDd quality and had no reason
to believe that it was not ofsuch nature, substance and qualiry, and has
exposed it or hawked it about or bmught it for sale in the same state and
by the same description as lhat in ard by whictr he purchased iL

Lic.ncing: Getrerd Provigiotrs

43. Power to vary licetrce--lfa local govemment is sarisfied lhat any

place used under a licence granted by it under thisAct is a nuisance or is likely to be
dangerous to life, health or property, the local govertunent may, by notice in writing,
rcq u ire the owner, lessee or occupier thereof to discontinue the use of such place or
to effect such altcratiofls, addition\ or improvements ss will, io the opinion of the
local goveriment, render it no longer a nuisance or daagerous.

44. Carrying oo tnd€, etc., wilhout licetrce or in cotrtravetrtion of

prr.grsph.-No person shall carry on any tradq calling or occupation for which a
licence is required without obtaining a licence therelor orwhile the licenc€ therefor
is suspended or after the same has been cancell€d, or aner receiving a notice under
paragraph 65, usc or allow to be used any building or place in contravention thereof.

45. Gcrdco!.-( A local govemment may lay-out and maintain wirh in

I)
its local area such public gardens as may be necessary for the recrcation and
convenience ofthe public and such public gardcns shall be maintained and administered
in such manner &s the bye-laws, may provide.

(2)
For every public garden there shall be fr"med and enforced, in the
manner prescribed, a garden development plan, which shall provide for the
development and improvemont ofthe gardcn.

46- Op.n spac€s.-A local govemmenl may pmvide and maintain within
its local arca such open spaces as may t€ necessary for the convcnience of the
public and such spaces shall be g:assed, h.dged, planted and e4uipped with such
amenities and in such manner as the bye-laws may provide,

Devclopmenl plertritrg

47- Community Development Projecas.-A local govemmenl may

sponsor or promole community development proje.ts for its local area oi any part
650 THE GAZETTE OF PAKISTAN AUCUSl' 2015

thereofand may, inlhisbehalq $bject to the approval of(iovemment, pertbnn such

functions as may be necessary.

48. Approval ofDevelopmetrl Plen.-The Development Plan ofa local

govemment shall be sanctioned in its me€ling.

49. DeyelopEeDt Plans to be included in the Budget.-As far as

may be, the schemes included in the Development Plan shall be included in the
budget. Public Health and Sanitation.

Public Hc.lth and Sanilation

50. lmetritary buildings and lands.-<l) A local govemmcnt may, by

notice, require dle owners oroccupierofany buildingor land which is in insanitary
or rmwholesome siate
-
(a) to clea or otherwise put in il in a proper state;

O) to make arangements to the satisfaction of the local govemment for

its prcper sanitatior!: and

(c) to lime wash the building ard to make such essential repairs as may be
specified in the notice.

(2) the opinion ofa local govennnent any \ € ll, tank, reservoit pool,
Ifin
depression, or excavation, or any bank or tree, is in a nrinous state or for want of
sufficient repafs, pmtection or enclosure is a rruisance or is dangerous to persons
passing by or dwelling or working i, the neighbourhood, the local govcmmentmay,
by notice in writing, require the owner or part-owner or pcrson claiming to be the
owner or part-owner thereof, or, failing any ofthem, the occupierthereofto remove
the samc, or may requirc him lo repair, or to pmtect or enclose dre same in such
manner as it thinks necossary; and. if lhc danger is. in the opinion of dre local
govenunent immine t, it shall forthuith lake such steps as il lhinks necessary to
avert the same.

51. R€moval, .ollection rnd disposal of refuse.-( l) A local

govemmcnt shall make adequate arrangements for the rcmolal of rclus€ f.om all
public ruads and streels, public latrines, uinals, drains and all buildings and lands
vested in the local govenlment and for the collection and proper disposal ofsuch
refirse,

(2) The {xc'rpiers ofall other buildings and lands \vithi! &e localarea of
a local govemment shall b€ responsible for the removal ofrr fuse from such buildings
and land subject to tle gcneml contIol and supervision of dre local govemment
PaRr Il IHE GAZETTD OT PAXISTAN, EXTRA., AUGUST 6, 2OI5 65t

(3) A local govemment shall cause public dustbins or other suitable

rcccplaclesto be provided atsuitable places and where such dustbins or receptacles
arc provided, dre local govcrnment may, by public notice, require that allrefuse
accumulating in any prem ises or land shal I be deposited by the owner or occupier of
such premises or land in such dustbins or receptacles.

(4)
All refuse removed and collected by the slaffofa local Sovemment or
under their conhol and supen'ision and all rcfus€ deposited in the dustbins and other
reccplacles provided by the local government shall be property of the local
gov€mmenI.

(5)
A local govemment may, by notice, issue directions wilh regard to the
manner in which and the conditions subject to which, any mafter rcferred to in lhis
paragraph may be caffied out.

52. LrtriD6 rtrd uritrals.-{l) A Iocal govcmmenl shall provide and

sufficient num ber and in proper situations public laEines and urinals for
ma irrla in in
lhc separate use of each sex, ard shall cause the same to be kept in proper ordcr
and to be regularLy and prope.ly cleaned.

(2) A locil go\ emment mai; by nolicc in lvrilinS

(a) requirc erry pc.son having the control rvhetirer as owner, lessee or
occupicr0l an! land orbuildine:

(i) to close any ccsspool appertain ing to the land orbuildingwhich

is, in the opinion ofthe local govemmenl a nuisrnce; or

(iD to keep in a clean condition, in such manner as Elay be prescribed

by the notice, any receptacle or filth or sewage accumulating on
the land or in the huilding: or

(iii) to prcvcnt the water ofary private latrine, urinal, sink or bath-
room or any othe offensive matter. from soaking dmining or
flo\,!,ing, or being puq ,iom the land or build ing upon any steet or
other public place or ifio any rvater-couEe or oth€r specified
uater-body or into any dmin not intended for the purpose; or

(iv) to collect and deposit for removal by the conservancy

establishment ofthe local govemment within such time and in
tuch receptacle or place. situateJ al not more lhan liirry file
meters from Sre nearest boundary of the premises, as may be
specified in the notice, any offensive matter or rubbish which
652 THE CAZETTE OF PAKISTAN EXIRA AUGUS I'6 2015 PART I
such person has allowcd lo accumulatc or remain under, or on
such building or land;or

(b) rcquire ary person to desist from nakinSoraltering any drain leading
intopublicdmin; or

(c) require any person having the conlrol ofa drain to cleanse, puriry,
repair or altea the same, or ofierwise put it in good order, within such
time as may be specified in the notice.

(3) Where any premises are without privy or uiinal accommodatioq or

without adequate privy or urinal accommodation, or the privy or urioal is on any
ground objectionable, the local'govemment may, by noticq rEquire tie ow'ner or
occupier ofsuch prcmises
-
(a) to provide such or such additional prily o. urinal accommodation as
may be spocified in the noticc;

(b) to make such structural or other alteration in the existing priry or

urinal accommodation ss may b€ so specified;

(c) to remove thc privy or urinal; and

(d) to substitute connected priw or connected urinal accommodatio[ for

any service priry or service-urinal accommodation where there is any
underground sewerage syslem.

(4) In case the owncr or occupicr olany building or land who has been
serv€d notice under sub-paragraph (3 ), fa ils to makc anangcments 1l) the satisfaction
ofthe local aulhority for lhe matter rcfered to b this paragraph, the local govcmment
may make such arrangements and the cost so incuned shall be deemed to be a tax
levied under this Act on the owner or occupier.

53. Priv|te htrines.-A local government may, hy notice in writing-

(a) rcquire the owner or othcr peBon having the co rol ofany private
latdne or u nal not to put th€ same to public use; or

(b) where any plan for the c4nshuction ofprivate latrines or urinals has
been approved by the locsl govemment and copi€s thereof may b€
obtained free ofchaBe on application:

(i) require any p€rson rcpairing or conslructing any privat€ latrine

or urinal not to allow the same to b€ used until it has been
P^ofl THE CAZETTE OF AUGUST 2015 653

inspected by or under the direction ofthe local govemment and

+prcved by it as conforming with such pl.!; or

(ii) requ ire any person having contol ofary private laEin€ or urinal
to re-build or alter the same in accordancc with such plan; or

(c) rcquir€ the owner or other peIson havinS lhe contol ofady such private
latrine or urirul which, intlleopi on ofthe local governmentconstitut€s
a [uisa[ce. lo rcmove tie lalrine or urinal; or

(d) require any person having the control whether as owner, lessee or
occupier ofany land or building:

(i) to bsve any latrines provided for the same cover€d by a sufncient
roof and wall or fence from the view of persons passing by or
dwelling in *re neighbourhood; or

(ii) to keep such laEine or urinal in proper slate to the satisfaction of

the local govemment ard shall emgl oy such safffor the purpose
as may be necessary or as may be specified by lhe local
govemmenq and

(e) require any person being the owner and havinS the control of any
dmin to provide, within ten dsys froft the s.ivice ofthe notice, such
covering as may be specified in the notice.

54. Infectious diseeses,-{ I ) A local govemment shall adopt measur€s to

prevent infeclious diseases and to restrain infbction within its local area.

(2)A local govemment shalleslablish and mairtain one or Dore hospitals

for the reception al|d treaonent ofpersons sufferiflg from infectious diseases.

55. Bathing and washing places. { l) A local government may fiom limc to
time-
(a) set apartsuitable places for usc by the public fot bathing;

(b) speciryrhe timeatwhich and thc sexofpeNons by whom such places

may be usedl and

(c) prohibit by public notice, the use by the public for .Ily of the said
purposes of any place nol so sel apan.
654 I'I,{E GAZEI'TIJ OIi PAKISTAN EXTRA- AUGUST 2015

(2) No person shallcstablish, maintain orrun a hamam or a bath for public

use except undera licence granled by the localgovemment and in conformity with
the conditions and temrs ofsuch Iicence

Ptrhlic Saf.tv

56. Floods.-For fighting offloods, rescuing ofpeople from thc flood-

affected areas and affording relief to flood-stricken people, the local govemment
shall provide such boats, appliances and equipment as may be specified by
Govemment.

Rcgistration of Births, Dc.lhs. Marriages and Divorces

57. Birth, deaths etc.-A local govemment shall rcSistcr all births, deaths,
mariagcs and divorces within the limits of its local arca and information ofsuch
births, deaths, rnarriages and divorces shall be given by such pcrsons orauthorities
and shall be regislered in such manner as lhe byelaws may provide-

Soritl Welfarc and Comltunitv Dctelopment

58. Social wclfare. A locel govemment may-

(a) eslablish. manageand maiDtain welfare homes. asylums, orphanages.

widow homes and other institutions for the reliefofthe distrcssedt

(b) provide forthe burial or cremation of unidentitied dead bodies within

its local area at its own expense;

(c) adopl such mcasures as may be specified by the Govemmenl for the
pevention o fbeggary prostitution, gamblin& taking ofinjurious drugs
and consumption ofalcoholic liquor,juvenile delinquency and other
socialevils;

(d) organize social scrvice volunteers; and

(e) adopt such measlrres as may be presc.ibd for the promotion of the
welfare of backward classes. tamilies ofthe persons sen-ing in tie
amed forces. \romen and childrcn.

Streets and Strcets Lighlirg

59. Public strcetr ll)Alocal govemment shallprovide and rnaintain

such public streetsand othDr rncans of public commullications as may be neccssary.
 I'^{rll TttL GAZLI'IE OF PAKISTAN, EXIRA., AUGUSI 6.l0l5 655

(2)
A local Sovernment shall, in the mamer prEscribed, pr€parc and execute
a road maintenance and development programmg.

60. Strcets.-{l)
No new street shall b€ laid out except with the previous
sanction ofthe local govemment and in conform ity with the terms and conditions of
such sanction.

(2)AII streets other than public streets shall be maintained in such manner
as the bye-laws may provide.

(3)A local govemment may, by notice, require that any street may be
paved. metalled. drcined, channeled. approved or lighted in such mannir as may be
spccificd and in the eventofdefault, the local govemment may have the necessary
work done th.ough its agency and the cost so incuned shall be deemed to be a tax
levied on the person concemed under thisAct.

(4)Covemment may prescribe the msnner in which a street othpr than a

public street may be convefted into apublic street.

(5)
A local govemment shall not name or rename a road or a st e€t or a
chowk or an underpass or a flyover/interphange without the previous apprcval of
theCovemment.

61. Street lighting xnd electrification.-{1) A local govemment shall

rak€ such measures as may be necessary tbr the proper lighting oflhc public streets
and other public places vested in the local govemmentby oil, gas, electricity or such
other illuminant as the localgovemment may determine.

(2) A local govemmefl shall also provide orcause to be provided electr;city

in coordination wilh &€ concerned deparlrnent to its local area for public and private
purposes.

(3) A local govemment may tiame and enforce street lighting and
electrifi cation schemes-

62. Str€et waleriog.-A local govdmment shall lake such measures as

may be necessary lor lhe watering of public stleels for the comfort and convmience
of the p[blic. and may, for this purpose, maintai[ such vehiclcs, staff and other
apparatus as may be necessary.

Trades and Occup.tions

63. Provision ofwashing plsces.--(l)A local govcrnment may provide

suitable places for the exercise by washermen offheir calling, ard n]a,v require
payment of such fees as eay be prescribed by the local govemment.
656 THE GAZETTE OF E4B4" A!qq!L!.?ry
(2) Where the local govemment has pmvided such places as aforesaid it
may. by public notice, prohibit the washing ofclolhes by washermen at any other
place wrthln that parl oflhe local area:

Provided that such pmhibition shall not be dccm ed to apply to the wash ing
by a washerman ofhis own clothes or ofthe clothcs ofany other person who is an
occupier of the place at which they are washed.

64. Licences reqqired for crrrj/ing on of cert i! occlpatioD.<l)

No p€rson ofany ofthe following classes, namely:-

(a) butchers and vendors ofpoultry, game or fish;

(b) persons keeping milch cattle or milch goat fc profiq

(c) persotrs keeping for profit any arimal odrcr lhar m ilch cafile or m ilch
goats;

(d) dairymen, buttcrmed and makers ard vendors of ghee;

(e) vendorsoffruil or vegetables;

(D manufacturers of ice o. ice-cream and vendors of the same;

G) vendors of articles of food or &ink for human consumption (other

than milk, butte., bread, biscuits, cake, fruit, vegetables, aemted or
other potable water or ice or ice-cream) which are of a perishable
nature;

(h) vendors ofwater to be used for drinking purposcs;

(i) washermen:

0) p€sons carrying on any trade or occupation fiom which offensive or

unwhole some smells arise:

(k) vendors of wheat, rice and other grain or flouf;

(1) makers and vendors of sweetn€ats;

(m) barb€rs and keepers of shaving saloons; and

(n) any other trades and occupations specified in the byelaws, or through
public notice by local government from time to time-
 P^Rr Il ffiE GAZETIE OF PAKISTAN, EXIRA., AUGUST 6i 2OI5 657

shall carry on his lrade, calling or occupation in such part ofa local
area as may be desifFated by the local govemment unless he has
applied for ind obtained a licence in rhis behalf f.om the local
goveffnert.

(2) A I icence granted under sub-paragraph (l) shallbevalid until the end
ofthe year in which it is issued and the glsnt oasuch licenc€ shall not be withheld by
lhc local Bovemment unless it has reason to believe that the business which it is
intended toestablish ormaintain would be offensive or dangerous to the publ ic.

(3) Notwithstanding anyth ing contained in sub paragraph (I F

(a) no person who was, at thc commencement ofthis Act ca.ryiog on his
trade, calling or occupation in any part ofa local arca shall be bound to
apply for a lic€nce for carrying on strch trade or ocaupatior in that
part until he has received from the local govemment not less than
thrr€ months notic€ in writing of his obligation !o do so, and if$e local
govemment refuses to grant him a licence, it shall pay compensation
for any loss incurred by rEason of such refusal; and

(b) no person shall be required to take a licence for the sale or storage of
petroleum or for the sale or possession ofpoisons or white arsenic in
any case in which he is required to take a licence or such sele, stomge
or possession under ally Federal or any other existing law.

(4) A local govemmelt may charge fees for the grant of licences under
this paragraph.

65. Conditioru which may be etteched to liaeDces-A licence granted

to any person under paragBph 89 shall specify the pan ofthe local arca in wh ich lhe
licensee may carry on his trade, calling or occupation, and may regulate the hours
and mainer of tran sport wilhin the local area olany spccified articles intendcd for
human consumption and may contain any other condilions which the local govemm€nt
thinks Iit to impose in accordance with the bye-laws made under thisAct.

Public Vehicles aDd Parkiog

66. A local gov€rnment may provide for parking motors on such public
plac€s as may be determioed by it.

67. Public vehicle-< I ) No person shall keep or let for hire or drive or
propel, within fie I im its ofthe local area oflhe local govemment, any public vehicle,
other than a motor vehicle, except under a licence granted by the local government
and in conformity wift the conditions ofsuch licence.
658 THE GAZETTI] OF PAKISTAN AUGUST 20t5

(2) No horse or other animal shall be used for drawing a public vehicle
within the local arca ofthe local govemment except under the licence granted by
the local govemmentand in conformity with the condilions ofsuch licence.

(3) A local govemment shall, in such manneras ths bye-laws may provide
-and with the previous approval ofcovemment, fix the rate offares for lhe use of
public vehicles and no person plying a public vehicle shall charge a rate in excess

(4) In lhis paragraph, a "public vehicle" means any vehicle which ordinarily
plies for hirE.
68. Public ferries.-{l)Alocal govemmentmay, by byeJaws, provide lor
the licensing of boats and other vessels plying for hire in a public watercourse and
may speciry the terms and conditions for the Srant of licences and the f'ees to be

(2) Govemment may declare any part ofthe public watercourse to be a

public ferry and may entrust the management lhereofto the local govemment \l'hich
shall rnanage and operate the public ferry in such mannerand levy such toll asmay
be necessary.

Wrter Srpply

69. water supply. -( l ) A local govemment shall provide or cause to be

provided to its local area a supply ofwholesome water sufficient for public and
private purposes.

(2) Where a piped water supply is provided, the local govemment shall
supply \raterto privale and public prem ises io such mannerand on payment of such
charges as the bye-laws may provide.

70. Private source of warer supply{i) All private sources of waler

supply within the local area ofthe local govemment shall be subject to conlrol,
regulation and inspcction by the local govemment.

(2) No new well, waler-pump or any other source ofwatcr for drinking
purposes, shallbedug, constructed orprovidcd exceptwith the enction oflhe local
goverunent.

(3) A local govemment may. by notice, require the owncr or any p€rson
havingthe control ofany private source ofwater supply used fordrinkingpurposes-
PAffII THE CAZETTE OF PAKISTAN, EXTRA., AUGUST 6 2015 659

(a) to keep the same in good orderand to clean it from time to timeofsilt,
refusc aod decaying matter;

(b) to pmtect the same from contamination in such marner as the local
govemment directs: and

(c) ifthe water therein is proved to the satisfaction ofthe local govemment
to be unfit for drinking purposes, to take such measunes as may be
specified in the notice to prev€nt the use of such water for drinking
purPoses.

71. Public iyat€rEourrcs.{ I ) A local govemment may, with the previous

sanction ofthe Govemment, declare any source of*ater, river. spring, tank, pond or
public stream, or any pa.rt thereof with in its local are4 which is not private property,
to be a public watercourse.

(2) A local govemmenl may, in rcspect ofaly public watercourse, provide

such amenities, make such arrangements for lifesaving execute such works and,
subject to the prov isions of any law for the time being in force relating to inigation,
drainage &1d navigation, regulate the use thereof in such manner as the byeJaws
mayprovide.

72. Tarks, poDds .nd low-lying arers.-A local govemment may take
such steps with regard to the excavation or re-excavation oflnnks and ponds and
the reclamation oflow-lying arcas as it thinks fit or the Govemment directs.

MOHAMMAD RIAZ.
Secrctary.

PRNiTED BY IIiE MANAGE& PfuNTINC CORMRAT]ON OF PAKISTAN PRESS, B,{D

'S!AM(ARACIII
PI]BLISHED BY IHE DEPU1 Y CONTROLLE& STATIOI\'ERY AND fORMS. I,NIVERSITY ROAD,