N.-W.F.P. Local Government Ordinance 1979

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N. W. F. P. STATUTES

ORDINANCE IV OF 1979

NORTH‑WEST FRONTIER PROVINCE LOCAL GOVERNMENT ORDINANCE, 1979

CHAPTER I‑INTRODUCTORY

  1. Short title, extent andcommencement.‑‑(1) This Ordinance may be called the North‑West Frontier Province Local Government Ordinance, 1979,

(2) It extends to the whole of the North‑West Frontier Province.

(3) It shall come into force on such date as Government may, by notifica tion appoint, and different dates may be appointed for different provisions of this Ordinance.

2. Power to excludeany area.‑Government may by notification exempt any area or areas from all or any of the provisions of this Ordinance.

  1. Definitions.‑(A) Inthis Ordinance, unless the context otherwise requires‑‑

(1) "annual rental value" means the gross annual rent at which a building or land may be let from year to year;

(2) "annual letting value" means the annual rent which a building or land exclusive of furniture or machinery contained or situate therein or thereon, may reasonably be expected to be let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy;

(3) "budget" means an official statement of the income and expenditure of a Local Council for a financial 'year;

(4) "building" includes any shop, house, but, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth, ramp, staircase and steps;

(5) "building line" means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed;

(6) "bye‑laws" means bye‑laws made under this Ordinance;

(7) "Chairman" means the Chairman of a Local Council constituted under this Ordinance;

(8) "cattle" means cows, buffaloes, bulls, oxen, bullocks, heifers, calves, camels, sheep and goats;

(9) "City" means an urban area declared to be a city under this Ordinance;

(10) "conservancy" means the collection, treatment, removal and disposal of refuse;

(11) "dairy" includes any farm, cattle‑shed, cow‑house, milk store, milk shop or other place from where milk or milk products are supplied for sale;

(12) "District" means a Revenue District;

(13) "District Council" means a District Council constituted under this Ordinance;

(14) "drain" includes a sewer, a house drain, a drain of any other descrip tion, a tunnel, a culvert, a ditch, a channel or any other device for carrying sullage or rain water;

(15) "drug" means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use;

(16) "dwelling house" means any building used substantially for human habitation;

(17) "elector" means a person who is entitled to vote at an election to any Local Council;

(18) "erect or re‑erect a building" means the construction of a new building and includes such material alterations of a building as enlargement of any wall, verandah, fixed platform, plinth or a part of the building, structural conversion into one or more places for human habitation of a building not originally meant for the purpose, structural conversion of two or more places of human habitation into a greater number of such places, addition of any rooms, building, substance or other structure to a building, re‑construction of whole or any part of the external walls of a building or the renewal of the parts of a wooden building, construction to a wall adjoining any street or land not belonging to the owner of the wall, construction of a door opening to such street or land, such alteration of the internal arrangements of a building as affects its drainage, ventilation or other sanitary arrangements or its security or stability,

(19) "factory" has the meaning assigned to it under the Factories Act, 1934 (XXV of 1934);

(20) "food" includes every eatable used for food or drink by human beings but does not include drugs or water;

(21) "functions" includes powers to be exercised and duties to be performed;

(22) "Government" means the Government of the North‑West Frontier Province;

(23) "infectious disease" means cholera, plague, smallpox and tuber culosis, and includes such other disease as Government may by notification, declare to be an infectious disease for the purpose of this Ordinance;

(24) "land" includes land which is being built up or is built up or is covered with water or is under cultivation or is fallow and in relation to Town Improvement Committee includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894 (1 of 1894);

(25) "land revenue" includes term or grazing dues levied for grazing on land;

(26) "Local Area" means an area under the jurisdiction of a Local Council;

(27) "Local Council" means a Local Council constituted under this Ordinance and includes a District Council, a Municipal Corporation, a Municipal Committee, a Town Committee and a Union Council;

(28) "Local Fund" means the fund of a Local Council;

(29) "market" means a place where persons assemble for the sale and purchase of meat, fish, fruit, vegetables or any other article of food or for the sale and purchase of livestock or animals and includes any place which may from time to time be notified as a market;

(30.) "member" means a member of a Local Council;

(31) "Municipality" means an urban area declared to be a municipality under this Ordinance;

(32) "Municipal Committee" means a Municipal Committee constituted under this Ordinance;

(33) "Municipal Corporation" means a Municipal Corporation constitu ted under this Ordinance;

(34) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or incurious to health or property;

(351 "occupier" includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used;

(36) "owner" includes the person for the time being receiving the rent of land and buildings or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant;

(37) "prescribed" means prescribed by rules;

(38) "prohibited zone" means any area or areas within a Municipality or a City declared as prohibited zone by a public notice by the concerned Local Council for the purposes of section 67;

(39) Province" means the North‑West Frontier Province;

(40) "public road" means a road maintained by Government or by a Local Council or other Local Authority;

(41) "public street" means a street maintained by Government or by a Local Council or other Local Authority;

(42) "public way" means a way maintained by Government or by a Local Council or other Local Authority;

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

(44) "rate" includes cess;

(45) "refuse" includes rubbish, offal, night‑stool, carcasses of animals, deposits of sewerage, waste and any other offensive matter;

(46) "rent" means whatever is by law payable in money or kind by a tenant or lessee on account of the occupation of any building or land;

(47) "road" includes a road which is not a thoroughfare;

(48) "rules" means rules made under this Ordinance;

(49) "rural area" means any area which is not an urban area;

(50) "Schedule" means a Schedule to this Ordinance;

(51) "specify" means specified by standing orders of Government;

(52) "street" includes a street which is not a thoroughfare;

(53) "streets line" means a line dividing the land comprised in, and forming part of a street from the adjoining land;

(54) "sullage" includes sewerage, polluted water, rain water and any other offensive matter carried by a drain;

(55) "tax" includes any cess, fee, rate, toll or other impost leviable under this Ordinance;

(56) "Town" means an area declared to ~ be a Town under this Ordinance;

(57) "Union" means a rural area declared to be a Union under this Ordinance;

(58) "Union Council" means a‑ Union Council constituted under this Ordinance;

(59) "urban area" means an area within the jurisdiction of a Town or Municipal Committee or a Municipal Corporation and includes any other area which Government may, by notification, declare to be an urban area for the purposes of this Ordinance;

(60) "vehicle " means a wheeled conveyance capable of being used on a street;

(61) "Vice-Chairman" means a Vice‑Chairman of a Local Council;

(62) "village" means a village declared as such under this Ordinance;

(631 "voter" means a person whose name for the time being appears on the electoral rolls prepared or adopted for the purposes of election under this Ordinance; and

(64) "ware‑houseman" includes a person who stores any farm produce not belonging to himself and charges rent therefor in any form, form the person at whose instance the said produce is so stored.

(B) Unless the context otherwise requires,‑

(1) the words and expressions "complaint", "cognizable offence", "Officer "incharge of a Police Station" and "Police Station" shall have the same meanings as are respectively assigned to them in section 4 of the Code of Criminal Procedure, 1898 (V of 1898), and

(2) the words and expressions "decree" and "movable property" shall have the same meanings as are respectively assigned to them in section 2 of the Code of Civil Procedure, 1908 (V of 1908).

  1. Repeal andsavings.‑(1) The North‑West Frontier Province Local Government Ordinance, 1972 (N.‑W. F. P. Ord. III of 1972), is hereby repealed.

(2) Notwithstanding the repeal of the North‑West Frontier. Province Local Government Ordinance, 1972 (N.‑W. F. P. Ord. III of 1972), any appointment, rules, regulation or bye-laws made or saved, notification, order or notice issued, tax imposed or assessed, scheme prepared or executed, contract entered into, suit instituted, rights acquired, claims made, legal or administra tive proceedings or action taken under the said Ordinance shall, so far as it is not inconsistent with the provisions of this Ordinance, be deemed to have been respectively made or saved, issued, imposed or assessed, prepared or executed, entered into, instituted, acquired, made or taken under this Ordinance.

  1. Succession.‑On the coming into force of this Ordinance, all Local Councils established or continued under the North‑West Frontier Province Local Government Ordinance, 1972 (N: W. F. P. Ord. III of 1972), shall be succeeded‑

(a) in the case of Municipal Corporation, Peshawar, by the Municipal Corporation, Peshawar;

(b) in the case of Municipal Committees, by the respective Municipal Committees;

(c) in the case of Town Committees, by the respective Town Committee; and

(d) in the case of District Councils, by the respective District Councils.

  1. Certain matters to be prescribed.‑Where thisOrdinance makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the manner in which it shall be done, then it shall be done by such authority and in such manner as may be prescribed.

CHAPTER II‑LOCAL AREAS

*7. Local Areas.‑(1)*For the purposes of this Ordinance, the Local Areas shall be,‑--

(a) in the case of rural areas, a Union and a District; and

(b) in the case of urban areas, a Town and a City.

(2) Government may, by notification, extend, curtail or otherwise alter the limits of a Local Area and declare that any area shall cease to be a Union, District, Town or City, as the case may be.

CHAPTER III‑CONSTITUTION OF LOCAL COUNCILS

*8. Constitution of Local Councils.‑(1)*The Local Councils to be constitut ed under this Ordinance shall be the following, that is to say‑‑

*(a)*a Municipal Corporation for the City of Peshawar.

(b) a Municipal Committee for each City other than the City of Peshawar;

(c) a Town Committee for each Town; . ----

(d) a Union Council for each Union; and ------

(e) a District Council for each District.

(2) As soon as may be, the Local Councils mentioned in subsection (1) shall be constituted in accordance with the provisions of this Ordinance.

(3) A Local Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordi nance and the rules, to acquire, hold and transfer property, both movable and immovable, and shall by its name sue and be sued.

(4) Government may, by notification, specify the name by which any Local Council shall be known and unless the name of a Local Council is so specified, it shall be known as the Local Council of the place where its office is situated.

*9. Division, amalgamation and re‑constitution of Local Councils.‑(1)*Govern ment may, by notification, divide a Local Council into two or more Local Councils or amalgamate two or more Local Councils into one Local Council or alter the limits of a Local Council and may specify in the notification the consequences which will ensue upon the publication of such notification.

(2) When, as a result of such division or amalgamation any new Local Council is constituted, in accordance with the provisions of this Ordinance in the manner specified in the notification,‑

(a) the existing members of any Local Council so divided or amalgamated shall become the members of such Local Council or Councils as Government may, by notification, specify as if each such member had been elected to that Local Council; and

(b) such Local Council shall, to the extent and .in the manner specified in the notification, be the successor of the Local Council or Councils so divided or amalgamated.

CHAPTER IV‑COMPOSITION OF LOCAL COUNCILS

10. Town Committee.‑‑(1) ATown Committee shall, subject to other provisions of this Ordinance, consist of such number of elected members as Government may, by notification, determine.

(2) The members of the Town Committee shall be elected in the prescribed manner.

*11. Municipal Committee.‑(1)*A Municipal ‑ Committee shall, subject to other provisions of this Ordinance, consist of such number of elected members as Government may, by notification, determine.

(2) The members of the Municipal Committee shall be elected in the prescribed manner.

12. Municipal Corporation.‑(1) AMunicipal Corporation shall, subject to other provisions of this Ordinance, consist of such number of elected members as Government may, by notification, determine.

(2) The members of the Municipal Corporation shall be elected in the prescribed manner.

  1. Union Council.‑(1) AUnion Council shall, subject to other pro visions of this Ordinance, consist of such number of elected members as Government may, by notification, determine.

(2) The members of the Union Council shall be elected in the prescribed manner.

14. District Council.‑(1) ADistrict Council shall, subject to other provisions of this Ordinance, consist of such number of elected members as Government may, by notification, determine.

(2) The members of the District Council shall be elected in the prescribed manner.

15. Representation of women.‑(1) ALocal Council may; in addition to the number of members fixed for the Local Council, have such number of seats reserved for women as Government may, by notification, fix and they shall be elected in the prescribed manner.

(2) Nothing contained in subsection (1) shall prevent a woman from being elected to a general seat in any Local Council.

16. Representation of minorities.‑(l) ALocal Council may, in addition to the number of members fixed for the Local Council have such number of seats reserved for minority communities as Government may, by notification, fix and they shall be elected in the prescribed manner.

(2) Nothing contained in subsection (1) shall prevent the members of the minority communities from being elected to a general seat in any Local Council.

17. Chairman and Vice‑Chairman.‑Forevery Local Council there shall be a Chairman and a ,Vice‑Chairman.

CHAPTER V‑ELECTION AND RELATED MATTERS

*18. Mode of elections and administration of wards.‑(1)*Save as other. wise provided, election of members of all Local Councils shall be held on the basis of adult franchise through secret ballot.

(2) Government may, for purposes of election, divide a Local Area into such number of wards having a definite boundary as it may determine.

(3) The wards may be mufti‑member or single‑member, as may be specified by Government.

(4) Every voter within the ward shall have only one vote irrespective of the number of members to be elected from the electoral unit.

19. Election Authority.‑(11Government shall appoint an authority to be known as the North‑West Frontier Province Local Council Election Authority (hereinafter referred to as "the Election Authority") for conducting elections to Local Councils.

(2) The Election Authority shall consist of such number of members as may be determined by Government and if more than one members are appointed, then one of them shall be appointed as Chairman.

(3) It shall be the duty of the Election Authority constituted in relation to an election to organize and conduct the election and to make such arrange ments as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.

(4) The Election Authority shall have power to issue such directions or orders as may be necessary for the performance of its functions and duties.

(5) All decisions of the Election Authority shall .be expressed in terms of the opinion of the majority of its members including the Chairman.

  1. Executive authority to assist the election.‑It shallbe the duty of all executive authorities in the Province to assist the Election Authority in the discharge of its functions.

*21. Appointment of Returning Officers etc.‑(1)*The Election Authority shall appoint, from amongst the officers of Government, Corporations or other institutions controlled by Government, a Returning Officer for each constituency for the purpose of election of a member for that constituency;

Provided that a person may be appointed as Returning Officer for two or more constituencies.

*(2)*The Election Authority may appoint, from amongst the officers of Government, Corporations or other institutions controlled by Government, as many Assistant Returning Officers as may be necessary.

(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Ordinance and may, subject to any condition imposed by the Election Authority, exercise and perform, under the control of the Returning Officer, the powers and functions of the Returning Officer.

(4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Ordinance and the rules.

  1. Polling Stations.‑(1) The Returning Officer shall, before such time as the Election Authority may fix, submit to Election Authority a list of polling stations he proposes to provide in a constituency for the purpose of election of a member for that constituency.

(2) The Election Authority may make such alterations in the list of polling stations submitted under subsection (1) as it deems necessary and shall, at least fifteen days before the polling day, publish in the official Gazette the final list of polling stations specifying the electoral area the electors whereof will be entitled to vote at each polling station.

(3) The Returning Officer shall establish in each constituency polling stations according to the final list published under subsection (2).

(4) No polling station shall be located in any premises which belong to, or are under the control of, any candidate.

  1. *Presiding Officers and Polling Officers.‑(1)*A Returning Officer shall appoint for each polling station a Presiding Officer and such number of Assistant Presiding. Officers and Polling Officers to assist the Presiding Officer as the Returning Officer may consider necessary;

Provided that a person who is, or has at any time been, in the employ ment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer.

(2) A list of such Presiding Officers and Polling Officers shall be submitted to the Election Authority at least fifteen days before the polling day for its approval and no change in the personnel shall be made except with the approval of the Election Authority.

(3) A Presiding Officer shall conduct the poll in accordance with the provisions of this Ordinance and the rules, shall be responsible for maintain ing order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll;

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

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

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

  1. Supply *of electoral rolls.‑(I)*The Election Authority shall provide the Returning Officer for each constituency with copies of electoral rolls for all the electoral areas within that constituency.

(2) The Returning Officer shall provide the Presiding Officer of each polling station with copies of electoral rolls containing the names of the electors entitled to vote at that polling station.

25. Other powers and functions of the Election Authority.‑The ElectionAuthority shall also exercise such other powers and perform such other functions as may be prescribed.

*26. Electoral rolls.‑(I)*Electoral rolls prepared under the Electoral Rolls Act, 1974 (XXI of 1974), for the election of Members of Provincial Assembly as amended from time to time and as adapted or adopted for a Local Council shall be the electoral rolls for the elections to the Local Council.

*(2)*Every person whose name is entered in the electoral roll, and no person whose name is not so entered, shall be entitled to cast a vote at an election to a Local Council.

  1. *Qualifications of candidates and members.‑‑(I)*Any person who is not less than twenty‑one years of age on the last day fixed for filing the nomination form, shall be qualified to be elected as a member of a Local Council if for the time being his name appears on the electoral rolls of the Local Area of that Local Council.

(2) No person shall contest election to more than one Local Council.

(3) No person shall contest election to more than one seat in a Local Council.

  1. Disqualifications of candidates and members.‑A person shall be disqualified to be a candidate or a member of a Local Council‑

(a) if he has ceased to be citizen of Pakistan;

*(b)*if he is an undischarged insolvent;

(c) if he is of unsound mind and has been so declared by a competent Court;

(d) if he has been, on conviction for an offence involving moral turpitude, sentenced to imprisonment for a term of not less than six months, unless three years or such less period as Government in any case may specify, have elapsed from the date of expiration of the period of the sentence;

(e) if he is in the service of Pakistan or of a public statutory corporation, a Local Council or other Local Authority; and

(f) if he is under contract for work to be done or goods to be supplied to the Local Council concerned or has otherwise any pecuniary interest in its affairs.

  1. Conduct of elections.‑Election to Local Councils shall be conducted in the prescribed manner.

  2. Election to seats reserved for women and minority community.‑Not withstanding the provisions of section 29, a different procedure may be prescribed for election to seats reserved for women and minority community.

31. Term of office, first meeting and election ofChairman and Vice- Chairman.‑(1) The term of office of a Local Council shall be four years commencing on the date on which it holds its first meeting;

Provided that on the expiry of the term of office of a Local Council, Government may extend the term of office for a period not exceeding six months or appoint any person for the like period to perform such functions of the Local Council as may be specified.

(2) Save as otherwise provided, a Local Council shall in its first meeting and to the exclusion of any other business elect from its members a Chairman and a Vice‑Chairman in the prescribed manner;

Provided that the first meeting shall be held not later than thirty days from the day on which the names of its members are notified.

  1. Oath of office.‑(1) A member, Chairman and Vice‑Chairman shall before taking his seat make and subscribe to an oath in such form as may be prescribed.

(2) Every Chairman, Vice‑Chairman and member shall, after taking oath of office, declare his assets in the manner prescribed.

*33.*Casual vacancy.‑(I) If the office of a member or a Chairman or a Vice‑Chairman. for any reacon, falls vacant during the term of office of a Local Council, a new member or Chairman or Vice‑Chairman, as the case may be, shall be elected in the prescribed manner and he shall hold office for the residue of such term.

(2) If the vacancy in the office of a member occurs within four months of the expiry of the term of a Local Council, the vacancy shall not be filled.

*(3)*Notwithstanding anything contained in subsection (2) unless the time is extended by Government, the vacancy in the office of Chairman or Vice‑Chairman shall be filled within fifteen days from the date such vacancy is notified.

  1. Removal.‑(1) Government may, after giving him an opportunity of being heard, remove a Chairman or a Vice‑Chairman or a member of a Local Council from office in the prescribed manner if he‑--

(a) has incurred any of the disqualifications enumerated in section 28;

*(b)*absents himself without reasonable cause from three consecutive meetings of the Local Council;

(c) is guilty of abuse of power or misconduct;

(d) refuses to take oath under section 32.

Explanation.‑In this subsection "misconduct" includes bribery, corrup tion, jobbery, favourtism, nepotism or wilful diversion of the funds of the Local Council or any attempt at or abetment of such misconduct.

(2) A member or Chairman or Vice‑Chairman removed under sub section (1) may prefer an appeal in the prescribed manner to the Tribunal appointed by Government.

(3) A Chairman or Vice‑Chairman removed from office shall cease to be a member.

  1. Resignation.‑A Chairman, Vice‑Chairman or a member may resign his office by tendering resignation in writing to the Local Council of which he is the Chairman, Vice‑Chairman or member.

  2. Vote ofno‑confidence.‑A Chairman or Vice‑Chairman shall vacate office if a vote of no‑confidence is passed against him in the prescribed manner by two‑third majority of the total number of members of the Local Council electing him

Provided that‑

(a) a motion of no‑confidence shall not be moved before the expiry of six months of his assumption of office as Chairman or Vice‑Chairman; and

(b) where a motion of no‑confidence against a Chairman or Vice‑Chair man has been moved and has failed to secure the requisite majority of votes in its favour at the meeting, no similar motion shall be moved against him before the expiry of six months from the date such motion was moved.

  1. Bar against re‑election.‑When a Chairman, a Vice‑Chairman or a member is removed from office under section 34 or section 36, he shall not, during the unexpired period of the term of his office, be eligible for re‑election to the said office of any Local Council.

  2. Remuneration.‑(1) AChairman of a District Council, a Municipal Committee or a Municipal Corporation shall be whole‑time functionary of the Local Council and may receive such remuneration as may be prescribed.

(2) ‑A Chairman of a Local Council mentioned in subsection (1) shall not engage himself in any trade, profession or calling.

(3) A Local Council, other than mentioned in subsection (i), with the approval of Government, may allow such honoraria and allowances to its Chairman as may be prescribed.

  1. Notification of election, resignation and removal ofChairman, members, etc.‑Every election, resignation or removal of a Chairman, Vice‑Chairman or a member or the vacation of office by a Chairman, Vice‑Chairman or, a member shall be notified.

CHAPTER VI ELECTIVE POWERS AND CONDUCT OF BUSINESS

*40. Executive authority and conduct of business.‑(1)*The executive authority of a Local Council shall extend to the doing of all acts necessary for the due discharge of it; functions under this Ordinance.

(2) Save as otherwise provided, the executive authority of a Local Council shall vest in and be exercised by its Chairman.

(3) The Vice‑Chairman shall perform such functions as may be prescribed.

(4) All acts of a Local Council, whether executive or not, shall be expressed to be taken in the name ofthe Local Council and shall be authen ticated in the manner prescribed.

41. Disposal of business,‑(1) The business ofa Local Council to the extent and in the manner prescribed shall be disposed of at its meeting, or at the meetings of its sub‑committees, or by its Chairman or servant, or other functionaries.

(2) A Local Council shall have the power to act notwithstanding any vacancy in its membership.

(3) No proceedings of a Local Council shall he invalid by reason only of the Local of any vacancy in, or any defect in the constitution of the Local Council, or by reason only that some person who was not entitled to do so, sat or voted, or otherwise took part in its proceedings.

(4) A Local Council may appoint sub‑committees consisting of such number of its members and other person,, if any, to perform such functions in such manner as may be prescribed.

42. Meeting.‑(1) A LocalCouncil shall within three months of the assumption of office frame bye‑laws for the conduct of its meetings which may, besides other matters, provide for----

(a) the types of meetings. that is to say, ordinary, special or emergent;

(b) the types of business to be conducted in different types of meetings;

(c) the place of meetings,

(d) notices required for different meetings:

(e) authority to call meetings;

(f) notice of agenda for the meetings;

(g) quorum for different meetings:

(h) order of business to be conducted m meetings;

(i) the manner of asking questions;

(j) motions and amendments and their withdrawal or discussions on them;

(k) speeches to be delivered;

(1) training, discourses or discussions to be arranged at the meeting;

(m) preservation of order;

(n) decision by votes;

(o) language to be used;

(p) adjournments or postponements;

(q) co‑opting of other members or officials;

(r) re‑consideration ofthe matters once disposed of;

(s) recreational or entertainment programme to be arranged at the time of meetings; and

(t) suspension of meetings.

(2) All meetings of a Local Council shall be presided over by its Chair man; and in his absence by the Vice‑Chairman, and in the absence of both by a member chosen for that purpose by the members present.

(3) A Union Council, Town Committee and a Municipal Committee shall hold at least one meeting during a month and a‑District Councilor a Municipal Corporation shall hold at least one meeting in every two months.

(4) A member of Local Council shall not be liable to any proceedings in any Court in respect of anything said by him or any vote given by him in the meeting of a Local Council or in ‑a Committee thereof, so long as such action does not undermine the ideology, integrity or solidarity of Pakistan and does not infringe the Constitutional Fundamental Rights.

(5) All meetings of Local Councils shall be public except when a Local Council by majority of votes decides to consider any manner in a session attended exclusively by its members.

(6) Minutes of the names of members present and of the proceedings at each meeting shall be drawn up and recorded in a book to be kept for the purpose which shall he signed bythe person presiding at the meeting and shall at all reasonable times and without charge b.‑ open to inspection by members provided that no member shall be entitled to object to the minutes of any meeting in which he was not present.

(7) A member 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 professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not vote or take any other part in any proceedings of a Local Council or any of its Committees.

  1. Contracts.‑(1) Allcontracts made by or on behalf of a Local Council shall be‑

(a) in writing and expressed to be made in the name of the Local Councils;

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

(c) reported to the Local Council by the Chairman at the meeting next following the execution of the contract.

(2) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Local Council.

  1. Works.‑(1) Government may, by rules, provide for‑

(a) the preparation of plans and estimates for works to be executed by a Local Council;

(b) the authority by whom and the conditions subject to which such plans and estimates shall be technically approved and estimates administratively sanctioned; and.

(e) the agency by which such plans and estimates shall be prepared and such works shall be executed.

45. Reporting andevaluation.‑A Local Council shall‑

(a) maintain such record of its working as may, be required by Government;

*(b)*prepare and publish such periodical reports and returns as may be required by Government; and

(c) adopt such other measures as may be necessary or may be specified by Government from time to time for the publication of information about the working of the Local Council.

CHAPTER VII‑ADMINISTRATION OF SERVICES

46. Provincial Unified Group of Functionaries.‑(1) Governmentmay constitute a Provincial Unified Group of Functionaries of Local Councils comprising such pay scales and grades and in such manner and subject to such conditions as may be prescribed ;

Provided that the appointments to such pay scales and grades, as Government may prescribe, shall be made in consultation with the Public Service Commission. '

(2) Government may, from time to time, specify the posts in the Local Council which shall be filled by persons belonging to the Provincial Unified Group.

(3) Notwithstanding the provisions of subsection (2), the members of the Local Council Service constituted under any law relating to Local Govern ment or Servants appointed under the North‑West Frontier Province Local Government Ordinance, 1972 (N: W. F. P. Ord. III of 1972), may be absorbed in the Provincial Unified Group if they possess qualifications pres cribed therefor, provided that the terms and conditions of servants shall not be less favourable than the existing terms and conditions.

(4) Expenditure in respect of consultations with the Public Service Commission may be met in such manner as may be decided by Government from time to time.

47. Servants of LocalCouncils.‑‑(1) A Local Council may, and if so required by Government shall, on the prescribed terms and conditions, employ such servants as are deemed necessary for the efficient performance of its functions under this Ordinance, provided that Government may classify certain posts as tenure posts in the prescribed manner and the term of such posts shall coincide with the term of the office of a Local Council.

(2) If, in the opinion of Government, the number of servants employed by a Local Council under subsection (1) or the remuneration fixed for any of them, is excessive, the Local Council shall, on being required by Government to do so, reduce the number of its servants or the remuneration of any of them, as the case may be.

  1. Provident Fund, pension and other facilities for servants ofLocal Councils.‑(1) A Local Council may establish and maintain a Provident Fund and require any of its servants to contribute to such fund, and may itself contribute to it in such, manner and in such proportion as may be prescribed.

(2) A Local Council may, in the prescribed manner, and with the previous sanction of Government, provide for the payment of pension to its servants after retirement.

(3) A Local Council may, with the previous sanction of Government, grant a special pension or gratuity to the family of a servant who dies of disease or injury contacted or suffered in the discharge of his official duties.

(4) A Local Council may, in the prescribed manner, operate scheme of group insurance of its employees and require its employees to subs cribe to it.

*(5)*Government may, in the prescribed manner, establish and maintain‑

*(a)*a fund for the Unified Group of Functionaries for maintenance of such Group;

(b) a Pension Fund out of which shall be paid any pensions granted under subsection (2); and

(c) a Benevolent Fund out of which shall be paid any pension or gratuity granted under subsection (3) or such relief as may be prescribed.

(6) The Local Council shall contribute to the funds established and maintained under subsection (5) in such proportion and a such manner as may be specified by Government.

49. Servicerules.‑Subject to the provisions of this Ordinance, Government may by rules‑

*(a)*prescribe the conditions of service of the servants of the Local Council;

*(b)*prescribe the scales or grades of pay for the servants of the Local Council;

(c) prescribe a schedule of establishment for the staff that shall be employed by a Local Council;

(d) prescribe the qualifications for various posts under Local Councils;

(e) prescribe the principles to be followed in making appointments to various posts under the Local Councils;

(f) prescribe the method for the holding of enquiries in cases where disciplinary action is proposed to be taken against servants of the Local Councils; and provide for penalties and appeals against orders imposing penalties; and

(g) provide for other matters necessary for the efficient discharge of duties by the servants of the Local Councils.

50. Legal Adviser.‑ALocal Council or a group of Local Councils may with prior approval of Government as to the qualifications, terms and conditions of service, appoint a whole‑time or part‑time Legal Adviser (not being a member or a servant of a Local Council or Local Councils) to appear in all legal proceedings and to render such advice as may be required.

*51. Training and Training institution.‑{1)*Government may‑

(a) set up institutions or make other arrangements as may be necessary for‑

(i) the pro‑service and in‑service training of the functionaries of the Local Council, Government departments and other interested agencies;

(ii) the training of members and Chairman of Local Councils;

(iii) organizing conferences and seminars on Local Government and related subjects; and

(iv) undertaking research in Local Government and allied subjects independently or in collaboration with the Universities or Research Institutions;

(b) provide for‑

(i) the administration of institutions;

(ii) the compulsory training of members and staff of Local Councils;

(iii) the courses to be studied;

(iv) the holding of examinations and award of diplomas and certificates to successful candidates;

(v) affiliating institutions with the Universities; and

(vi) associating such Universities, colleges or training institutes as may be necessary for the training of staff of the engineering, education, public health and other departments of the Local Councils:

(2) A Local Council may be required to pay towards the cost of the institutions set up or other arrangements made under sub?section (l) in such proportion as Government may, from time to time, determine.

CHAPTER VIII‑FUNCTIONS OF UNION COUNCILS

  1. Subject to rules and such directions as Government may, from time to time, give, and within the limits of the funds at its disposal, a Union Council may undertake all or any of the functions enumerated below

(A) CIVIL FUNCTIONS

(1) Provision and maintenance of public ways and public streets.

(2) Provision and maintenance of places, public open spaces, public gardens and public playgrounds.

(3) Lighting of public ways, public streets and public places.

(4) Plantation and preservation of trees in general, and plantation and preservation of trees on public ways, public streets and public places in particular.

(5) Management and maintenance of shamilats, burning and burial grounds, common meeting places and other common property.

(6) Provision and maintenance of accommodation of travellers.

(7) Prevention and regulation of encroachments on public ways, public streets and public places.

(8) Prevention and abatement of nuisance in public ways, public streets and public places.

(9) Sanitation, conservancy and the adoption of other measures for the cleanliness of the Union.

(10) Regulation of the collection, removal and disposal of manure and street sweepings.

(11) Regulation of offensive and dangerous trades,

(12) Regulation of the disposal of carcasses of animals.

(13) Regulation of the slaughter of animals.

(14) Regulation of the erection and re‑erection of buildings in the Union.

(15) Regulation of dangerous buildings and structures,

(16) Provision and maintenance of wells, water pumps, tanks, ponds and other works for the supply of water.

(17) Adoption of measures for preventing the contamination of the sources of water‑supply for drinking.

(18) Prohibition of the use of the water of wells, ponds and other sources of water supply suspected to be dangerous to public health.

(19) Regulation or prohibition of the watering of cattle, bathing or washing at or near wells, ponds or other sources of water reserved for drinking purposes.

(20) Regulation or prohibition of the steeping of hemp, jute or other plants in or near ponds or other sources of water supply,

(21) Regulation or prohibition of dyeing or tanning of skins within residential areas.

(22) Regulation or prohibition of the excavation of earth, stones or other material within residential areas.

(23) Regulation or prohibition of the establishment of brick kilns, potteries and other kilns within residential areas.

(24) Registration of births and deaths, and the maintenance of such vital statistics as may be prescribed.

(25) Voluntary registration of the sale of cattle and other animals.

(26) Holding of fairs and shows.

(27) Celebration of public festivals.

(B) WELFARE FUNCTIONS

(28) Provision of relief measures in the event of any fire, flood, hailstorm, earthquake or other natural calamity.

(29) Relief for the widows and orphans, and the poor, and persons in distress.

(30) Promotion of public games and sports.

(31) Provision of first‑aid centres.

(32) Provision of libraries and reading rooms.

(33) Co‑operation with other organization engaged in activities similar to those of the Union Council.

(34) Aid in the promotion of education under the direction of the District Council.

(35) Any other measures likely to promote the welfare, health, safety, comfort or convenience of the inhabitants of the Union or of visitors.

(C) DEVELOPMENT FUNCTIONS

(36) Agricultural, industrial and community development, promotion and development of co‑operative movement, village industries, forests, livestock and fisheries.

(37) Adoption of measures for increased food production.

CHAPTER IX‑FUNCTIONS OF DISTRICT COUNCILS

53. Functions of District Council.‑ADistrict Council may and if Government so directs shall undertake all or any of the following functions;

(A) PUBLIC WORKS

(1) provision, maintenance, improvement and management of its public roads, public streets and public ways, culverts, bridges, public buildings, wells, water pumps, ponds and other works of water supply;

(2) provision, maintenance and management of sarais, dak bungalows, rest houses and other buildings for the convenience of travellers;

(3) plantation and preservation of trees on road sides, public ways, public places and public buildings; and

(4) provision and maintenance of public gardens, public playgrounds and public places.

(B) PUBLIC HEALTH

(5) prevention and cure of infectious diseases and enforcement of vaccination;.

(6) establishment, maintenance and management of hospitals and rural health centres;

(7) establishment, maintenance and management of first‑aid centres;

(8) provision and maintenance of medical aid units;

(9) establishment, management and visiting of health centres, maternity centres and centres for the welfare of infants and children, training of dais and adoption of other measures likely to promote health and welfare of women, and children;

(10) payment of grants to medical aid societies and institutions;

(11) establishment, management, maintenance and the visiting of unani, ayurvedic and homoepathic dispensaries, and

(12) promotion of sanitation, public health and educating people in public health.

(C) EDUCATION

(13) provision, maintenance and management of primary and high schools.

(14) construction and maintenance of buildings used as hostels of students;

(15) provision and grant of scholarships;

(16) payment of grants and subsidies to institutions and# organizations engaged in the promotion of education;

(17) promotion of adult education; and

(18) provision of school books to orphans and indigent students, free of cost, or .on concessional rates.

(D) AGRICULTURAL DEVELOPMENT AND ECONOMIC WELFARE

(19) agricultural, industrial and community development, promotion of national reconstruction, promotion and development of co‑operative movement and village industry;

(20) adoption of measures for increased agricultural production;

(21) establishment and maintenance of model agricultural farms;

(22) popularization of improved methods of agriculture, maintenance of improved agricultural implements and machinery and lending of such implements and machinery to cultivators and adoption of measures for bring?ing waste land under cultivation;

(23) promotion of agricultural credit, agricultural education and adoption of other measures likely to promote agricultural development;

(24) promotion and co‑ordination with agrovilles ;

*(25)*provision, regulation and maintenance of markets ;

(26) popularization of co‑operative movement and the promotion of education in co‑operation ;

(27) construction and repair of embankment, supply, storage and control of water for agricultural purposes ; and

(28) promotion of cottage industry.

(E) ARTICLES OF FOOD AND DRINK

(29) protection of foodstuffs and prevention of adulteration ;

(F) DRAINAGE

(30) provision and maintenance of adequate system of public drains and regulation of the disposal of industrial wastes.

(G) PUBLIC FERRIES

(31) maintenance and regulation of public ferries other than those maintained by Government and in case a public ferry falls within the jurisdic?tion of two or more Districts, the respective District Council shall make arrangements for collection and sharing of fees and management of such ferries as may be mutually agreed upon.

(H) LIVESTOCK AND DAIRY DEVELOPMENT

(32) voluntary registration of the sale of cattle and other animals ;

(33) improvement of breeding of cattle, horses and other animals and the prevention of cruelty to animals ;

(34) provision, maintenance and improvement of pastures and grazing grounds ;

(35) regulation of milk supply ;

(36) establishment and maintenance of cattle colonies ;

(37) establishment and maintenance of cattle farms and dairies ;

(38) establishment and maintenance of poultry farms ; and

(39) measures to combat ordinary and contagious diseases of birds and animals.

(I) CULTURE

(40) holding of fairs and shows ;

(41) promotion of public games and sports;

(42) provision, organization and maintenance of museums, exhibitions and art galleries ;

(43) provision and maintenance of public halls, public meting places and community centres ;

(44) celebration of national occasions ;

(45) establishment, management and maintenance of welfare homes and other institutions for the relief of the destitutes ;

(46) suppression of beggary, prostitution, gambling, taking of injurious drugs, consumption of alcoholic liquor and other social evils ;

(47) establishment and maintenance of information centres ;

(48) encouragement of national and regional languages ; and

(49) reception of distinguished visitors.

(J) PUBLIC SAFETY?

(50) relief measures in the event of any fire, flood, hailstorm, earthquake, famine and other natural calamities.

(K) DEVELOPMENT FUNCTIONS

(51) aggregation of the financial allocation and physical programmes and targets received from the Provincial Governments in different sectors and to draw up a District Development Programme. In this work the District Council will take into account Federal Projects, their allocations and the physical targets falling in or benefiting the district. Generally the organization may develop and take on complete planning functions;

(52) to make proposals, if necessary, , to the Provincial Planning and Development Department for modifications in the aggregate district programme after identifying the (a) gaps, (b) internal inconsistencies, (c) compatibility of the programme with capacity available in the district for implementation, maintenance and supervision and (d) evaluating it in the light of local priorities ;

(53) to facilitate the formation of associations for the performance of tasks that can be done only collectively or can better be performed collectively, for example, consumer association for distribution of electricity, farmers association for watercourses management, associations for distribution of agriculture inputs, co‑operative marketing association, etc ;

(54) to discharge the overall responsibility for the identification of projects and appraisal and approval of projects prepared and to be constructed by Union Councils in the following sub‑sectors :‑

Primary, middle and secondary schools.

Rural health centres.

Basic health units.

Family welfare clinics.

Piped water supply.

Potable water/storage tanks.

Hand pumps

Sanitation.???????????????????????????????

Rural roads ;?????????????????????????

(55) disbursement of A. D. P. funds for the approved project (placed at the disposal of District Council by the Provincial Government) to various Union Councils ;

(56) to arrange to the procurement and distribution of locally made equipments and materials for health centres and schools ;

(57) to take appropriate measures for the development of skills, crafts and cottage industries. Development of skills would include promotion of industrial homes, domestic and cottage level crafts and trades, modest repairs of agricultural and other machinery, training of dehi mazdoors, etc ;

(58) to review the implementation of the District Development Programme (as an extension of the function of Planning and Development Department and as their agent) by holding review meetings within the district as well as through periodic inspections and progress reports from the Union ;

(59) to submit to the Planning and Development Departments regular progress report on the implementation of development projects at different levels within the district ;

(60) to evolve standard designs and specifications to the extent possible and desirable in harmony with the general conditions obtaining in the district and use appropriate technology to execute its development projects on a more economic basis.

(L) OTHER FUNCTIONS

(61) provision and maintenance of libraries and reading rooms ;

(62) prevention and abatement of nuisances ; and

(63) regulation of traffic, licensing of vehicles other than motor vehicles and the establishment and maintenance of public stands for vehicles.

  1. Environmental pollution.‑(1) ADistrict Council may prepare and implement schemes for the prevention of the pollution of air by the gases, dust or other substances exhausted or emitted by automobiles. engines, factories, brick kilns, crushing machines for grain, stone, salt or other material and such other sources of air pollution as the bye‑laws may provide.

(2) A District Council may prepare and implement schemes for the prevention of pollution of water or land from such sources and in such manner as the bye‑laws may provide.

CHAPTER X‑COMPULSORY FUNCTIONS OF MUNICIPAL COMMITTEES

(A) PUBLIC HEALTH

55. Responsibility for sanitation.‑AMunicipal Committee shall be responsible for the sanitation of the Municipality.

*56. In-sanitary buildings and lands.‑(1)*A Municipal Committee may, by notice, require the owner or occupier of any building or land which is in an in-sanitary or unwholesome state‑

(a) to clean or otherwise put it in a proper state;

(b) to make arrangements to the satisfaction of the Municipal Committee for its proper sanitation; and

(c) to lime‑wash the building and to make such essential repairs as may be specified in the notice.

(2) If any requirement of a notice issued under subsection (1) is not complied with, within such period as may be specified in the notice, the Municipal Committee may cause the necessary steps to be taken at the expense of the owner or the occupier, and the cost so incurred by the Municipal Committee shall be deemed to be a tax levied on the owner or the occupier under this Ordinance.

57. Removal, collection and disposal of refuse.‑(1) AMunicipal Com mittee shall make adequate arrangements for the removal of refuse from all public roads and streets, public latrines, urinals drains and all buildings and land vested in the Municipal Committee and for the collection and proper disposal of such refuse.

(2) The occupiers of all other buildings and lands within the Municipality shall be responsible for the removal of refuse from such buildings and land subject to the general control and supervision of the Municipal committee.

(3) The Municipal Committee shall cause public dust‑bins or other suitable receptacles to be provided at suitable places and in proper and convenient situation in streets or other public places and where such dust bins or receptacles are provided, the Municipal Committee may by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dust bins or receptacles.

(4) All refuse removed and collected by the staff of the Municipal committee or under their control and supervision and all refuse deposited in the dust‑bins and other receptacles provided by the Municipal Committee shall be the property of the Municipal Committee.

*58. Latrines and urinals.‑(1)*A Municipal Committee shall provide and maintain in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleaned.

(2) The occupier of any premises to which any latrine or urinal pertains shall keep such latrine or urinal in proper state to the satisfaction of the Municipal Committee and shall employ such staff for the purpose as may be necessary or as may be specified by the Municipal Committee.

(3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Municipal Committee may, by notice, require the owner of such premises‑

*(a)*to provide such or such additional privy or urinal accommodation is as may be specified in the notice;

*(b)*to make such structural or other alteration in the existing privy or urinal accommodation as may be so specified;

(c) to remove the privy or urinal and

(d) where there is any underground severage system to substitute connected privy or connected urinal accommodation for any service‑privy or service urinal accommodation.

59. Births and deaths.‑AMunicipal Committee shall register all births end deaths within the limits of the Municipality and information of such births and deaths shall be given by such persons or authorities and shall be registered in such manner as the bye‑laws may provide.

*60. Infectious diseases.‑(1)*A Municipal Committee shall adopt measures to prevent infectious diseases and to restrain infection within the Municipality.

(2) AMunicipal Committee shall establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases.

(B) WATER SUPPLY

*61. Water supply.‑(1)*A Municipal Committee shall provide or cause to be provided to the Municipality a supply of wholesome water sufficient for public and private purposes.

*(2)*Where a piped water supply is provided, the Municipal Committee shall supply water to private and public premises in such manner and on payment of such charges as the bye‑laws may provide.

(3) All private sources of water supply within a Municipality shall be subject to control, regulation and inspection by the Municipal Committee.

(4) No new well, water‑pump or any other source of water for drinking purposes shall be dug, constructed or provided except with the sanction of the Municipal Committee.

(5) AMunicipal Committee may, by notice, require the owner or any person having the control of any private source of water‑supply used for drinking purposes‑

*(a)*to keep the same in good order and to clean it from time to time of silt, refuse and decaying matter;

*(b)*to protect the same from contamination in such manner as the Municipal Committee directs; and

(c) if the water therein is proved to the satisfaction of the Municipal Committee to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.

(C) DRAINAGE

62. Drainage.‑(1) AMunicipal Committee shall provide an adequate system of public drains in the Municipality and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public.

(2) Every owner or occupier of any land or building within the Munici pality may, with the previous permission of the Municipal Committee, and subject to such terms and conditions, including the payment of fees, as the Municipal Committee may impose, cause his drains to be emptied, into public drains.

(3) Allprivate drains shall be subject to control, regulation and inspection by the Municipal Committee.

(4) Subject to the provision of any other law for the time being in force a Municipal Committee may, by notice, direct a commercial or industrial concern to provide for the disposal of its waste or effluent in the manner specified and failure on the part of owner, tenant, or occupier thereof to comply with such .directions shall be an offence under this Ordinance.

(5) AMunicipal Committee by may by notice, require the owner of any building, land or an industrial concern within the Municipality‑

(a) to construct such drains within the building or land or the street adjoining such building or land to take such other measures for treatment and disposal of effluent as may be specified in the notice;

(b) to remove, alter or improve any such drains; and .

(c) to take such other steps for the effective drainage of the building or land as may be so specified.

(6) In case of failure of the owner to comply with the requirements of notice under subsection (5), the Municipal Committee may itself cause to carry out such requirements and the cost so incurred shall be deemed to be a tax levied on the owner of the building or land, as the case may be, under this Ordinance.

(D) ARTICLES OF .FOOD AND DRINK‑‑

64. Private markets.‑(1) No private market for the sale of articles of food or drink or animals shall be established or maintained within a Munici pality except under a licence granted by the Municipal Committee and in ifconformity with conditions of such licence.

(2) A Municipal Committee may levy fees in respect of private markets in the prescribed manner.

(3) A Municipal Committee may, by notice, require the owner of any private market to construct such works, provide such conveniences and make such arrangement for the maintenance of' the market, and within such period, as may be specified inthe notice.

65. Slaughter houses. ‑AMunicipal Committee shall provide and main tain at such site or sites within or outside the limits of the Municipality one or more slaughterhouses for the slaughter of animals or sale of any specified description of animals.

66. Prohibition on picketing or tethering instreets.‑No animals shall be picketed or tethered .in such streets or places as may be specified by the Municipal Committee and any animals found picketing or tethering in any such street or place shall be liable to seizure and impounding.

*67. Prohibition against keeping and maintaining cattle.‑(I)*Notwithstanding anything to the contrary contained in any other law or any agreement, instrument, custom or usage or decree, judgment or order of any Court or other authority‑

(a) no person shall, after the expiry of the period allowed under sub section (2), keep or maintain cattle in any part of a prohibited zone;

Provided the prohibition shall not apply to‑---

(i) cattle kept bona fidefor sacrificial purposes;

(ii) cattle kept for drawing carts or use in mills with the permission of the Municipal Committee and subject to such conditions as it may impose;

(iii) cattle under treatment in any veterinary hospital;

(iv) cattle brought to a cattle market demarcated by the Municipal Committee for the purpose of sale; and

(v) cattle brought to a slaughter house or kept bybutchers for the pur pose of slaughter within the area demarcated by the Municipal Committee;

(b) no person shall, within the limits of the Municipal Committee, keep, tether, stall, feed or graze any cattle on any road, street or thoroughfare or in any publicplace.

(2) The Municipal Committee may, by a general or specific order, direct that any person in charge of cattle shall remove the cattle from the prohibited zone within such period as may be specified.

(3) Persons affected bythe prohibition order under clause (a) of sub section (1) to meet their genuine needs, may be allowed to keep and maintain their cattle at the places earmarked as "Cattle Colonies" by the Municipal Committee on such terms and conditions as it may impose.

68. Dangerous animals.‑A Municipal Committee may, by bye‑laws, define the animals which shall be deemed to b,: dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous and such bye‑laws among other matters provide for the detention, destruction or disposal otherwise of ‑such animals. ‑

69. Disposal ofcarcasses.‑Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption or for some other religious purpose, such person shall either‑

(a) convey the carcasses within twenty‑four hours to a place, if any, fixed by the Municipal Committee for the disposal of the dead bodies of animals, .or to a place beyond the limits of the Municipality; not being a place within one mile of such limits; or

(b) give notice of the death to the Municipal Committee whereupon the Municipal Committee shall cause the carcasses to be disposed of and charge such fees from the person concerned as the bye‑laws may provide

(F) EDUCATION

  1. Educational institutions.‑(1) AMunicipal Committee shall establish, maintain and manage such educational institutions as may be required by Government and may, with the previous approval of Government, maintain such other educational institutions as may be necessary for the promotion of education in the Municipality.

(2) All educational institutions maintained by the Municipal Committee shall be maintained in a state of efficiency and shall conform to such stand ards as may be prescribed as standards.

(3) A Municipal Committee may, with the previous approval of Government, give financial aid to. private educational institution within the Municipality.

  1. Compulsory education.‑Subject to any law for the time being in force, a Municipal Committee shall be responsible for enforcement of compulsory education in the Municipality, and it may in this behalf adopt all such measures as may, be necessary to ensure that every child of school‑going age in the Municipality attends a school recognized by the Municipality Committee.

(G) PUBLIC SAFETY

  1. *Fire fighting.‑‑(1)*For the prevention and extinction of fire, a Municipal Committee shall maintain a fire brigade consisting of such staff and such number of fire stations and such implements, machinery, equipment and means of communicating intelligence as may be prescribed.

(2) On the occurrence of the fire within a Municipality, any Magistrate, any official of a fire brigade directing the operations, . and any police officer not below the rank of Sub‑Inspector, may‑

(a) remove or order the removal of any person who by his presence interferes or impedes the operation for extinguishing the fire or saving life and property;

(b) close any street or passage in or near which any fire is burning;

(c) for the purpose of extinguishing the fire, break into or through, or pull down, or cause to be broken into or through, or pulled down, or use for the passage of hoses or other appliance, any premises;

(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;

(e) call on the persons incharge of any fire engine to render such assistance as may be possible; and

(f) generally take such measures as may appear necessary for the preservation of life and property.

(3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section.

(4) A Municipal Committee shall prepare fire fighting plan and revise it at least once a year.

  1. Civil Defence.‑A MunicipalCommittee shall be responsible for the Civil Defence of the Municipality, and it shall, in this behalf, perform such functions as may be specified by Government.

  2. Floods.‑For thefighting of floods, rescuing of people from the flood‑affected areas and affording relief to flood‑stricken people, a Municipal Committee shall provide such boats, appliances and equipments as may be specified by Government.

*75. Dangerous and offensive articles and trades.‑(1)*The articles and trades given in the First Schedule shall be deemed to be dangerous or offensive for the purposes of this section.

(2) Except under and in conformity with the conditions of a licence granted by the Municipal Committee‑

*(a)*no person shall carry on any dangerous or offensive trade;

(b) no premises shall be used or suffered to be used for any dangerous offensive trade; and

(c) no person shall store or keep in any premises‑

(i) any dangerous or offensive article except for domestic use; or

(ii) any dangerous or offensive articles in excess of such limits as may be fixed by bye‑laws.

(3) AMunicipal Committee may; with the previous sanction of Govern ment, prepare and enforce a scheme providing for the prohibition of danger ous and offensive trades in specified areas within the Municipality, and for the restriction of such trades in any area not so specified.

(H) TOWN PLANNING

76. Master Plan.‑AMunicipal Committee shall draw up Master Plan for the Municipality which shall, among other matters, provide for ‑‑

(a) a survey of the Municipality including its history, statistics, public services and other prescribed particulars;

(b) development, expansion and improvement of any area within the Municipality; and

(c) restrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re‑erection of buildings within the Municipality.

77. Site Development Schemes.‑(1) Where a Master Plan has been drawn under section 76 and such Master Plan has been approved, with or without any modifications, by Government, or such agency as Government may specify, no owner of land, exceeding such area as may be specified in this behalf in the Master Plan so approved, shall develop the site or erect or re‑erect a building on any plot of land covered by the Master Plan except in conformity with the provisions of a Site Development Scheme sanctioned for the area in the prescribed manner.

(2) Where a Master Plan has not been drawn up under section 76, no owner of land shall develop the site or erect or re‑erect any building on any plot or land except in conformity with . the provisions of Site Development Schemes sanctioned by the Municipal Committee.

(3) Among other matters, Site Development Scheme may provide for‑

(a) the division of the site into plots;

(b) the streets, drains and open spaces to be provided;

(c) the. land to be reserved for public utility services and to be transferred to the Municipal Committee;

(d) the land to be acquired by the Municipal Committee;

(e) the price of plots;

(f) the works that shall be executed. at the cost of the owners of the site or sites; and

(g) the periodduring which the area shall be developed.

(4) The land reserved for public utility services in Site Development Scheme shall be transferred free of cost by the owner or the owners to the Municipal Committee before the sanction of the scheme. Such land shall not be converted or used for any other purpose than as shown in the scheme except with the sanction of Government.

*78. Execution of Site Development Schemes.‑(1)*The execution of a Site Development Scheme shall be subject to the inspection and control of the Municipal Committee and the Committee may give such directions with** regard to the execution of the schemes as may be necessary for the proper development of site.

(2) If ‑any area is developed or otherwise dealt with in contravention of . the provisions of the sanctioned Site Development Scheme, the Municipal Committee may, by notice, require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, ‑ the Municipal Committee may require and enforce the demolition of the offending structure and notwithstanding anything to the contrary contained in any law, no compensa tion shall be payable for such demolition.

(3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme and further extension is not allowed by the Municipal Committee or if the development is not in conformity with the terms of the Site Development Scheme, the Municipal Committee may in the prescribed manner, take over the development of the site and execute the necessary works and the cost incurred thereon by the Municipal Committee shall be deemed to be a tax levied on the owner or owners under this Ordinance.

(1) BUILDING CONTROL

*79. Erection and re‑erection of buildings.‑(1)*No person shall erect or re‑erect a building or commence to erect or re‑erect a building unless the site has been approved and the building plan indicating the purpose or purposes for which the building is to be used, has been sanctioned by the Municipal Committee.

(2) A person intending to erect or re‑erect a building shall apply for sanction in the manner provided in the bye‑laws and shall pay such fees as may be levied by the Municipal Committee with the previous sanction of Government. ,

(3) Where a plan to relay a street has been approved by a Municipal Committee, a person who intends to erect or re‑erect a building or commences to erect or re‑erect a building shall adopt the approved building or street line and for this purpose any space required to be left vacant shall vest in the Municipal Committee.

(4) All building applications presented under this section shall be registered in the manner provided in the bye‑laws, and shall be disposed of as early as possible but not later than sixty days from the date of the regis tration. of the application, and if no order is passed on an application within sixty days of its registration, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of the Building Bye laws or of the Master Plan or Site Development Scheme, if any.

(5) A Municipal Committee may, for reasons to be stated in writing, reject a site plan or a building plan but any person aggrieved thereby may appeal to Government within thirty days of the order of rejection, and the order passed by Government in appeal shall be final:

Provided that no order shall be passed by Government in appeal except after giving the aggrieved person an opportunity of being heard.

(6) A Municipal Committee may sanction a site plan .or building plan subject to such modifications or terms as may be specified in the order of sanction.

(7) Nothing in this section shall apply to any work, addition or altera tion which the Municipal' Committee may by bye‑laws declare to be exempt.

*80. Completion of buildings, alteration of buildings, etc.‑(1)*Every person who has erected or re‑erected a building shall within thirty days of the completion of the building, report such completion to the Municipal Committee.

(21 The Municipal Committee shall cause every building which has been completed to be inspected, and if it has been constructed in violation or contravention of any provision of this Ordinance, the rule or the bye‑laws or of the Master Plan or Site Development Scheme, if any, the Municipal Committee may require the alterations of the building so as to be in comp liance therewith and where such alteration is not possible, the Municipal Committee may require the building or any part thereof to be demolished, or on the application of the owner of such building compound the offence; provided that no offence shall be compounded if it involves any violation or contravention of the provisions of Master Plan or of a sanctioned Site Development Scheme or if the building has been constructed for a use other than it was shown to be used in the sanctioned building plan.

(3) If a building is required to be demolished under the provisions of subsection (2), and such requirement is not complied with, within the specified period, the. Municipal Committee may have the building demolished through its own agency, arid the cost so incurred thereon by the Municipal Committee shall be deemed td be tax levied on the owner or occupier of the building under this Ordinance.

*81. Regulation of buildings.‑(1)*Except with the prior sanction of the Municipal Committee, no building shall be put to a use other than the use as shown in the sanctioned building plan according to which it was erected or re‑erected:

Provided that the Municipal Committee shall not sanction any change in the use of a building which may be in violation or contravention of the Master Plan or Site Development Scheme, if any.

(2) If any building or anything fixed thereon be deemed by the Municipal Committee to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any . occupier thereof or to passersby the Municipal Committee may, by notice, require the owner or occupier of such building to demolish it or to take such action in regard to the building as may be specified in the notice, and if there is default, the Municipal Committee may take necessary steps itself and the cost incurred thereon by the Municipal Committee shall be deemed to be tax levied on the owner or occupier of the building under this Ordi nance.

(3) If a building is in a dangerous condition or otherwise unfit for human habitation, the Municipal Committee may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Municipal Committee.

(4) If the building is in dangerous condition and declared unfit for human habitation, the Municipal Committee may for the purpose of demoli tion eject the owner or occupier from such building with such necessary force as may be required.

(J) STREETS

*82. Public streets.‑‑(1)*A Municipal Committee shall provide and maintain such public streets and other means of public communications as may be necessary.

.(2) A Municipal Committee shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme which shall form part of the budget.

  1. Streets.‑(1) Nonew street shall be laid out except with the previous sanction of the Municipal Committee, and in conformity with the terms and condition of such sanction.

(2) Allstreets other than public streets shall be maintained in such manner as the bye‑laws may provide.

(3) The Municipal Committee may, by notice, require that any street may be paved, metalled, drained, channelled, approved or lighted in such manner as may be specified and in the event of default, the Municipal Committee may have the necessary work done through its agency, and the cost incurred thereon by the Municipal Committee shall be deemed to be tax levied on the person concerned, under this Ordinance.

(4) Government may prescribe the manner in which a street other than a public street may be converted into a public street.

  1. Street lighting.‑(1) AMunicipal Committee shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Municipal Committee by oil, gas, electricity or such other illuminant as the Municipal Committee may determine.

(2) AMunicipal Committee may, with the previous sanction of Govern ment, frame and enforce a street lighting scheme.

85. Street watering.‑AMunicipal Committee shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose maintain such vehicles, staff, and other apparatus as may be necessary.

86. Traffic control.‑(1) AMunicipal Committee shall, by bye‑laws, make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to, and ensure the safety, convenience and comfort of the public.

(2) AMunicipal Committee may provide parking meters on such public places as may be determined by it.

87. Public vehicles.‑(ll No person shall keep or let for hire, or drive or propel within the limits of a Municipality any public vehicle, other than a motor vehicle, except under a licence granted by the Municipal Committee, and in conformity with the conditions of such licence.

*(2)*No horse or other animal shall be used for drawing a public . vehicle within the limits of a Municipality except under a licence granted by the Municipal Committee and in conformity with the conditions of such licence.

(3) A Municipal Committee shall, in such manner as bye‑laws may provide and with the previous approval of Government, fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof.

Explanation.‑In thissection, a `public vehicle' means any vehicle which ordinarily plies for hire.

(K) ARBORICULTURE

88. Arboriculture.‑AMunicipal Committee shall plant trees on public streets and other public places within the Municipality and take all such steps as may be necessary for the plantation and protection of trees on such . streets and places.

CHAPTERXI.‑OPTIONAL FUNCTIONS OF MUNICIPAL COMMITTEES

89. Optional functions.‑AMunicipal Committee may, and if required by Government shall, undertake the following functions:‑

90. Promotion of public health.‑Subject tothe provisions of this Ordinance and the rules, a Municipal Committee may take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, Government directs.

91. Health and maternity centre, etc.‑AMunicipal Committee may‑

*(a)*establish, maintain or manage or contribute towards the maintenance of health centres and maternity centres for the welfare of women, infants and children; and

(b) provide for the training of Dais.

92. Hospitals and dispensaries.‑AMunicipal Committee may establish, maintain and manage, in the prescribed manner such number of hospitals and dispensaries as may be necessary.

93. Medical aid and relief ‑and medical education.‑AMunicipal Committee may take such measures as may be necessary or as may be specified by Government for‑

*(a)*the provision, maintenance and management of First Aid Centres ;

(b) the provision, maintenance and management of mobile medical aid units ;

(c) the provision and encouragement of societies for the provision of medical aid

*(d)*the promotion of medical. education ;

*(e)*the .payment‑of grants to institutions for‑ medical relief ; and

(f) the medical inspection of school children.

*94. Environmental pollution.‑(1)*A Municipal Committee may prepare and implement schemes for the prevention of the pollution of air by the gases, dust or other substances exhausted or omitted by auto‑mobiles, engines, factories, brick or lime kilns, crushing machines for grain, stone, salt or other materials and such other sources of air pollution as the bye‑laws may provide.

(2) A Municipal Committee may prepare and implement scheme for the prevention of the pollution of water or land from such sources and in such manner as the bye‑laws may provide.

(B)' DHOBI. GHATS, FERRIES, ETC.

95. Bathing and washing places. (1) AMunicipal Committee may from time to time‑‑

*(a)*set apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes ;

(b) specify the time at which and the sex of persons by whom such places may be used ; and

(c) prohibit by public notice, the use by the public for any of the said purposes of any place not so set apart.

(2) No person shall establish, maintain or run a Hamam or a bath for public use except under a licence granted by the Municipal Committee, and in conformity with the conditions and terms of such licence.

96. Dhobi ghat.‑AMunicipal Committee may provide dhobi ghats and may, by bye‑laws, regulate the use of dhobi ghats and levy fees for their use.

97. Public watercourses.‑(1) AMunicipal Committee may with the previous sanction of Government declare any source of water, spring, river, tank, pond or public stream or any part thereof within the Municipality, which is not private property, to be a public watercourse.

(2) A Municipal Committee may, in respect of any public watercourse provide such amenities, make such arrangements for life‑saving, execute such works, and subject to the provision of any law for the time being in force relating to irrigation, drainage and navigation, regulate .the use thereof, as the bye‑laws may provide.

98, Public. ferries.‑(1) A Municipal Committee may by ‑bye‑laws, provide for the licensing of boats and other vessels plying for hire in a public watercourse and may specify the terms and conditions for the grant of licence and the fees to he, charged therefor.

(2) Government may declare any part of a public watercourse to be a public ferry and may entrust the management thereof to the Municipal Committee which shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.

99. Public fisheries.‑AMunicipal Committee may, with the previous sanction of Government declare any public watercourse as public fishery, and thereupon the right of fishing in such watercourse shall vest in the Municipal Committee which may exercise such right in such manner as may be prescribed.

(C) ARTICLES OF FOOD AND DRINK

100. Bye‑laws for articles of food and drink.‑AMunicipal Committee may, by bye‑laws‑

(a) prohibit the manufacture, sale or preparation or the exposure for sale, of any specified article of food or drink in any place. or premises not licensed by the Municipal Committee ;.

(b) prohibit the import into the Municipality for sale or the sale of the hawking for sale, of any specified article of food or drink by person not so licensed ;

(c) prohibit the hawking of specified articles of food and drink in such partsof the Municipality as may be specified

(d) regulate the time and manner or transport within the Municipality of any specified articles of food or drink ;

*(e)*regulate the grant and withdrawal of licence under this section and the levying of fees therefor ; or

(f) provide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased or any article of food or drink which is noxious.

*101. Milk supply.‑(1)*Except under a licence granted by the Municipal Committee and in conformity with the conditions of such licence, no person shall, within a Municipality, keep milch cattle for the sale of milk, or sell milk, or expose or import milk for sale or manufacture butter, ghee, or any other milk or dairy product, nor shall any premises be used for such purpose.

(2) A Municipal Committee may, in the prescribed manner, and with the previous sanction of Government. frame and enforce a Milk Supply Scheme, which may among other matters provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the Municipality or ant part thereof and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.

  1. Public *markets.‑(1)*A Municipal Committee may establish and maintain public markets or may provide places for use as public markets other than those meant for the disposal of farm produce, for the sale of articles of food and drink and of animals and secure the proper management and sanitation of such markets.

(2) A Municipal Committee may in respect of a public market, provide by bye‑laws‑

*(a)*the fees to be charged for the use of .or for the right to expose goods in the market ;

(b) the fees to be levied on vehicles and animals bringing goods therein for sale ;

(c) the fees to be charged for the use of shops, stalls, pens or stamps ;

(d) the fees to be charged in respect of animals brought for sale or sold ; and

(e) the fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.

103. Animal Husbandry.‑(1) AMunicipal Committee may provide for the establishment, maintenance and management of veterinary hospitals and dispensaries and, by bye‑laws, regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries.

(2) A Municipal Committee may, by bye‑laws, define contagious diseases among animals and provide for measures that shall be adopted for preven tion of the spread of such diseases including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such disease.

104. Animal homes and farms.‑(1) A Municipal Committee may, with the previous approval of Government, establish, maintain and manage animal homes, where, subject to such terms and conditions and on the payment of such fees and other charges as the bye‑laws may provide, the animals of private persons may be kept.

(2) AMunicipal Committee may, with the previous approval of Government, establish, maintain and manage cattle farms and poultry farms, and such farms shall be managed and administered in such manner as the bye‑laws may provide.

105. Registration of the sale of rattle‑‑AMunicipal Committee may, by bye‑laws, require that every sale of such of the animals as may be specified shall be registered with the Municipal Committee in such manner and subject to the payment of such fees as the bye‑laws may provide.

106. Livestock improvement.‑A Municipal Committee may, with the previous approval of Government frame and execute a livestock scheme which may among other matters provide that no person shall keep such animals above such age as may be specified unless they are castrated or are certified by competent authority to be fit forbreeding.

  1. Cattle shows, Zoo, etc.‑(1) AMunicipal Committee may hold cattle shows and fairs within the limits of the Municipality and charge such fees from the people attending such shows or fairs as the bye‑laws may provide.

(2) A Municipal Committee may, with the previous approval of Government, maintain or contribute towards the maintenance of zoological gardens.

(E) PUBLIC SAFETY

  1. Famine.‑In the event of a famine, a Municipal Committee may, with the sanction of Government, execute such famine works and order such famine relief measures as may be specified by Government.

*109. Burial and burning places.‑(1)*A Municipal Committee may provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places.

(2) Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning, shall vest in a Municipal Committee and thereupon such burial or burning place shall vest in the Municipal Committee and the Municipal Committee shall take all measures necessary for the proper maintenance and adminis tration thereof.

(3) A burial or burning place which is not administered by a Municipal Committee shall be registered with the Municipal Committee and shall be subject to regulation, supervision and inspection by the Municipal Committee in such manner as the bye‑laws may provide.

(4) No new burial or burning place shall be established within a Municipality, except under a licence granted by the Municipal Committee and in conformity with the conditions of such licence.

(F) TREES, PARKS, GARDENS AND FORESTS

110. Gardens.‑(1) A Municipal Committee may layout and maintain within the Municipality such public gardens as may be necessary for the recreation and convenience of the publicand such public gardens shall be maintained and administered in such manner as the bye‑laws may provide.

(2) For every public garden there shall be framed and enforced, in the prescribed manner, a Garden Development Plan. which shall provide for the development and improvement of the garden.

111. Open spaces.‑AMunicipal Committee may provide and maintain within the Municipality such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities, and in such manner as the bye‑laws may provide.

112. Forests:‑A Municipal Committee may, in the prescribed manner, frame and enforce Forest Plans providing for the improvement, development and exploitation of forests and maintain, plant and work forests in accordance with such plans.

*113. Nuisances pertaining to trees and plantations.‑(1)*A Municipal Committee may, by bye‑laws, determine the pests of trees and plants and provide for their destruction. .

(2) If any land or premises within a Municipality is grown with rank or noxious vegetation, or undergrowth, a Municipal Committee may, by notice, require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time and if he fails to do so within such time, the Municipal Committee may have such vegetation or under‑growth cleared and the cost incurred thereon by the Municipal Committee shall be deemed tohe tax levied on the owner or occupier under this Ordinance.

(3) A Municipal Committee may, in the manner provided in the bye. laws, require the felling of any tree which is dangerous or the trimming of the branches of any tree which overhang or are likely to interfere with the traffic or are otherwise inconvenient.

(4) A Municipal Committee may, in the manner provided in the bye. laws, prohibit the cultivation of any crop which is considered dangerous to public health within such part of the Municipality as may be specified.

  1. Tanks and lowlying areas.‑AMunicipal Committee may take such steps with regard to the excavation and re‑excavation of tanks and the reclamation of lowlying areas as it thinks fit or, as the case may be, Government directs.

(G) EDUCATION

115. General provisions about education.‑A Municipal Committee may++‑‑---++

(a) construct and maintain buildings to be used as hostels for students ;

(b) give scholarships to deserving or specially bright students ;

(c) provide for the training of teachers ;

(d) promote adult education ;

(e) provide school books to orphans and indigent students free of cost or at concessional rates ;

(f) maintain depots for the sale of school books and articles of stationery ; and

(g) with the previous approval of Governmen++t++

(i) promote and assist educational societies ;

(ii) undertake educational survey and enforce educational plans ; and

(iii) provide, whether free of charge or on payment milk or meals for school children.

(H) CULTURE

116. Culture.‑AMunicipal Committee may‑

(a) establish and maintain information centres for the furtherance of civic education and dissemination of information on such matters as community development and other matters of public interest ;

(b) maintain radio and television sets at public institutions and public places ;

(c) organise museums, exhibitions arid art galleries ;

(d) provide and maintain public halls and community centres ;

*(e)*celebrate the national occasions ;

(f) provide , for the reception of distinguished visitors visiting the Municipality ;

(g) encourage national and regional languages ;

(h) promote physical culture and encourage public games and sports and organize rallies and tournaments ;

(i) promote tours to the Municipality and adopt measures for the preservationof the historical and indigenous characteristics of the Municipality ; and

(j) provide, promote or subsidies facilities for the recreation of the public.

117. Libraries;--- AMunicipal Committee may establish and maintain such public libraries. reading rooms and circulating libraries as may be necessary for the use of the public.

  1. Faires and shows, etc.‑A Municipal Committee may make such arrangements on the occasion of any fairs. shows or public festivals within the Municipality as may be necessary for the public health, public safety and public convenience and may levy fees on the persons attending such fairs and shows.

(1) SOCIAL WELFARE

  1. Social Welfare.‑A MunicipalCommittee may‑‑

(a) establish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed ;

(b) provide for the burial and burning of paupers found dead within the Municipality at its own expense;

(c) adopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils ;

(d) organize social service volunteers ; and

(e) adopt such measures as may be prescribed for the promotion of the welfare of backward classes, families of the persons serving in Armed Forces and women and children.

MUNICIPAL POLICE

120. Municipal Police.‑(1) AMunicipal Committee may, and if directed by Government shall, maintain such police force, to be known as Municipal Police, as may be necessary‑

(2) The Municipal Police shall be a police force within the meaning of section 2 of the Police Act, 1861, and shall consist of such number of officers and men who shall receive suchpay and allowances, and shall be employed on such terms and conditions as Government may from time to time determine.

(3) Government may, notwithstanding anything contained in the Police Act, 1861, or in any other law, prescribe the duties which the Municipal Police may or may not be required to perform.

(4) Any officer or servant of a Municipal Committee when empowered in that behalf by a general or special order of Government, may exercise the powers of a police officer for such purposes of this Ordinance as may be specified in such order.

  1. Additional functions.‑Nothing contained in this Chapter shall preclude a Municipal Committee to perform such functions as may be assigned to it by or under any other law.

CHAPTER XII‑FUNCTIONS OF MUNICIPAL CORPORATIONS

122. Functions of Municipal Corporations.‑A Municipal Corporation shall perform the same‑ functions as are entrusted to a Municipal Committee under the provisions of this Ordinance, but so that‑---

(a) the compulsory or optional functions of a Municipal Committee shall be the compulsory or optional functions of a Municipal Corporation ; and

(b) any reference in those provisions to a Municipal Committee or it Municipality shall be read as a reference to the Municipal Corporation.

CHAPTER XIII.‑FUNCTIONS OF TOWN COMMITTEES

123. Functions of TownCommittees.‑A Town Committee shall perform the same functions as are entrusted to a Municipal Committee under the provisions of this Ordinance, but so that‑---

*(a)*the compulsory or optional functions of a Municipal Committee shall be the compulsory or optional functions of a Town Committee ; and

(b) any reference in those provisions to a Municipal Committee or g Municipality shall be read as a reference to the Town Committee.

CHAPTER XIV.‑LOCAL FUND AND PROPERTY

*124. Constitution of Local and Special Funds.‑‑(1) For:*every Local Council there shall be formed a Local Fund.

(2) To the credit of the Local Fund formed under subsection (1) shall be placed‑‑

*(a)*the balance of such fund as, on coming into force of this Ordinance, is at the disposal of a Local Council as defined in the North‑West Frontier Province Local Government Ordinance, 1972 of which the Local Council concerned is declared to be successor under section 5 of this Ordinance ;

(b) proceeds of all taxes, tolls, fees, rates and other charges levied by the Local Council under this Ordinance;

(c) all rents and profits payable or accruing to all Local Council from the property vested in or managed by it;

(d) all sums received by the Local Council in the performance of its functions under this Ordinance or under any other law for the time being in force;

(e) all sums contributed by individuals or institutions or other Local Councils or other Local Authority;

(f) all receipts accruing from trusts placed, under the management of the Local Council;

(g) all grants made by Government or other authorities;

(h) all loans raised and all profits or interests accruing from invest ment;

(i) all fines imposed under this Ordinance;

( j) all fines awarded to the Local Council under any law; and

(k) such proceeds . from such sources of income as Government may direct to be placed at the disposal of the Local Council.

(3) A Local Council may and if required by Government shall establish and maintain a separate fund for any special purpose to which one or more sources of revenue mentioned in subsection (2) or any part of these sources or any specified portion of the Local Fund may be assigned and which shall be administered and regulated in such manner as a Local Fund.

125. Custody and investment.‑The moneyscredited to a Local Fund. shall be kept or invested in such manner as may be specified by Govern ment from time to time.

126. Chargedexpenditure--‑(1) The following expenditure shall be com pulsorily charged on the Local Fund, that is to say'‑

(a) such sums as are required for repayment of loans;

(b) any sum required to satisfy any judgment, decree or award against the Local Council by any Court or Tribunal;

(c) such sums as may be payable to the Chairman under section 38 of this Ordinance;

(d) such sums as the Local .Council may be required by Government to contribute towards the conduct of elections, the maintenance of the;

Provincial Unified Group of Functionaries and the auditing of accounts; and

(e) any expenditure declared by Government to be so charged.

(2) If any expenditure is a compulsory charge on the Local Fund and is not paid, Government may, by order, direct the person having the custody of the Local Fund to pay such amount, or so much thereof as may be possible from time to time, from the balance of the Local Fund.

  1. *Budgets.‑(!)*Every Local Council shall, in the prescribed manner, prepare and sanction, before the commencement of each financial year, a statement of its estimated receipts and expenditure for that year and forward a copy thereof to Government.

(2) if the budget is not prepared or sanctioned by any Local Council before the commencement of any financial year, Government may have the necessary statement prepared and certify it and such certified statement shall be deemed to be the sanctioned budget of the Local Council.

(3) At any time before the expiry of the financial year to which budget relates, a revised budget for the year may, if necessary, be prepared and sanctioned and such revised budget shall, so far a, may be, be subject to the provisions of this section.

  1. Accounts.‑(1) Accounts of the receipts and expenditure of a Local Council shall be kept in the prescribed manner and form.

(2) An annual statement of the accounts shall be prepared after the close of every financial year and shall be transmitted to Government by such date as may be specified.

(3) A copy of the annual statement of accounts and such other statements as may ' be prescribed shall be displayed at a conspicuous place in the office of the Local Council concerned for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Local Council and brought to the notice of the Audit Authority referred to in section 129.

  1. Audits.‑(1) The accounts of a Local Council shall be audited in such manner and after such interval and by such authority as may be prescribed.

(2) The Audit Authority shall have access to all the books and other documents pertaining to accounts and pay also examine the Chairman or any member or servant of the Local Council.

(3) On the completion of audit, the Audit Authority shall, in the prescribed manner, submit to Government and to Local Council an audit report which shall, among other things, mention‑

(a) cases of embezzlement;

(b) cases of loss, misappropriation, waste or misapplication of Local Fund; and

(c) cases of other irregularities in the maintenance of accounts.

(4) The annual audit report shall be published by every Local Council for information of public.

(5) Government may constitute a Local Councils Accounts Com mittee consisting of elected and officialmembers to review audit reports made under this section and perform such other functions as may be pres cribed.

130. Loans.‑(I) ALocal Council may, with the previous sanction of Government under a general or special order with such conditions as may be necessary and subject to the provisions of this Ordinance or, any other law, raise loans.

(2) The loans under subsection (1) .may be raised by the issue of bills or promissory notes or on the security of immovable property vested in a Local Council or of all or any of the taxes and dues authorised by this Ordinance; provided that the bills or promissory notes so issued shall be pay‑ able within a period not exceeding twenty‑four months.

*(3)*The loans raised by a Local Council may be spent on the carrying out of any works which it is legally authorised to carry out, acquisition of land and running of commercial schemes or for payment of a loan raised under this Ordinance or any loan or debt for the repayment of which a Local Council is liable ; provided that the money borrowed under this Ordinance or a portion thereof shall not be applied to any purpose other than that for which it was borrowed.

(4) If any money borrowed in accordance with the provisions of this Ordinance or any interest or cost due in respect thereof is or are not repaid according Lo the conditions of the loan, Government may attach the funds on the security of which the loan was made. After such attachment, no person except an officer appointed in this behalf by Government shall in any way deal with the attached funds, but such officer may do all acts in respect thereof which the borrowers might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the loan and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:

Provided that no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with this Ordinance but all such prior charges shall be paid out of the proceeds or the funds before any part of t ie proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.

(5) Government may establish a Local Councils Development Loan Fund and may require Local Councils to contribute to such fund and may regulate the operation of such fund in the prescribed manner.

*131. Property of Local Council.‑(1)*Subject to any reservation made, or any conditions imposed by Government, all property specified hereunder shall vest in the Local Council, that is to say‑

(a) all property which vested in any Local Council, Local Body or Authority of which a Local Council is the successor:

(b) all property acquired by a Local Council by gift, purchase or otherwise;

(c) all public buildings including town halls, town walls and gates, which have been constructed or are maintained out of the Local Fund;

(d) all lands, open spaces, playgrounds, gardens, parks and other places of public resort transferred to a Local Council by Government or acquired by a Local Council by gift, purchase or otherwise for a public purpose;

*(e)*all public streets, bridges and other means of public communi cation and parking meters as are maintained out of the Local Fund;

(f ) all drains, sewers, culverts and other channels for sullage as are, maintained out of the Local Fund;

(g) all refuse collected by a Local Council, or deposited at places fixed by a Local Council and any sullage flowing in any drain, sewer or channel;

(h) all works for the disposal of refuse and nightsoil, including septic c tanks, nightsoil depots, trenching grounds and incimerators, maintained out of the Local Fund;

(i) all water works, water mains and pipes, stand‑posts, hydrants, water troughs and handpumps maintained out; of the Local Fund;

(j) all public lamps, lamp posts and other appliances for street lighting maintained out of the Local Fund;

(k) all trees, plants and flowers on roadsides and other places maintained out of the Local Fund; and

(l) all other property which may vest in a Local Council under any law or order passed by Government.

(2) A Local Council may‑

*(a)*manage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge:

(b) apply such property for the purposes of this Ordinance; and

(c) acquire or transfer by grant, gift, sale, mortgage, lease, exchange or otherwise any property in the prescribed manner.

(3) Government may by rules‑

*(a)*provide for the management, maintenance, improvement and development of the property belonging to or vesting in Local Councils;

(b) regulate the alienation of such property; and

(c) provide for the compulsory acquisition of such immovable property as may be acquired by a Local Council for the purposes of this Ordinance.

  1. *Surcharge.‑(1)*Every member of a Local Council, every official or servant of a Local Council and every person charged with the adminis tration of the affairs of a Local Council or acting on behalf of a Local Council shall be liable for the loss, waste, misappropriation or misapplication of any money or property belonging to a Local Council which is a direct consequence of his negligence or misconduct, and shall be liable to pay such surcharge as may be determined by the District Co‑ordination Com mittee and such amount shall be recoverable as a public demand or as arrears of land revenue.

(2) Any person aggrieved by the imposition of surcharge under subsection t1) may prefer an appeal to Government whose decision shall be final;

Provided that no order shall be passed in appeal, except after giving the aggrieved person an opportunity of being heard.

CHAPTER XV.‑LOCAL TAXATION

133. Local rate.‑Alllands assessable to rent or land revenue shall be subject to the payment of a rate to be known as the local rate. The local rate in each District shall bear such proportion to the rent or land revenue in the District as Government may, by notification from time to time, fix and shall be collected in the prescribed manner along with the rent or land revenue by the village revenue officials responsible for its collection and the proceeds thereof shall be credited to the Local Fund of the District Council.

134. Tax to be levied.‑ALocal Council subject to the provisions of any other law may, and if directed by Government shall, levy all or any of the taxes enumerated in the Second Schedule.

135. Notification and enforcement of taxes.‑(1) Alltaxes levied by a

Local Council shall be notified and shall, unless otherwise directed by Government, be subject to previous publication.

(2) Where a tax is levied or modified, the Local Council shall specify the date for the enforcement thereof, and such tax or the modification shall come into force on such date.

136. Model Tax Schedule.‑Government may frame Model Tax Schedules and when such Schedules have been framed, a Local Council shall be guided by them in levying a tax, rate, toll or fee.

*137. Directions with regard to levy of tax, etc.‑(1)*Government may direct a Local Council‑‑

(a) to levy any tax ;

(b) to increase or reduce any such tax or the assessment thereof to such extent as may be specified; or

(c) to suspend or abolish the levy ofany such tax.

(2) If a direction issued under subsection (1) is not complied with within the specified time, if any, Government may make an order giving effect to the direction.

*138. Liability on account of taxes.‑‑‑(1)*A Local Council may, be notifica tion, call upon any person to furnish such information, produce such record or accounts or to present such goods or animals liable to any tax as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax.

(2) An official of a Local Council authorised in this behalf, may after due notice, enter upon any building or premises for the purposes of assessing the liability of such building or premises to any tax, or inspecting any goods or animals therein liable to any tax.

(3) Any official ofa Local Council authorised in this behalf may, in the prescribed manner, seize and dispose of any goods or animals on which any tax is due and is not paid.

*139. Collection and recovery of taxes, etc.‑(1)*All arrears of taxes, rents and other moneys claimable by a Local Council under this Ordinance shall be recoverable as a public demand or as arrears of land revenue.

(2) Notwithstanding the provisions of subsection (1), Government may empower any Local Council to recover arrears of taxes or any ether moneys claimable by the Local Council under this Ordinance by distress and sale of the movable property belonging to the person concerned or by attachment and sale of the immovable property belonging to him.

(3) Government may, by rules, specify the officials orclasses of officials by whom the power under subsection (2) shall be exercised and prescribe the manner in which it shall be exercised.

140. Deduction of taxes from salaries.‑‑Ifa Local Council levies a tax on professions, trades or callings it may require the employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Local Fund of the Local Council.

141. Petitions against valuation, assessment, etc.‑No assessment of atax under this Ordinance or valuation therefor, or. the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period, as may be prescribed.

  1. *Taxation Rules.‑(1)*All taxes and other charges levied by a Local Council shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be provided by rules.

(2) Rules framed under this section may, among other matters, provide for the obligation of the tax‑payer and the duties and powers of the officials and other agencies responsible for the assessment and collection oftaxes.

143. Sharing of income.‑ADistrict Council may, and if so directed by Government shall, allocate a portion of its income to a Union Council or Councils.

CHAPTER XVI.‑‑DEVELOPMENT PLANS

*144. Development Plans.‑(1)*A Local Council shall prepare development plan which shall among other matters include the following:‑‑

(a) nature and location ofthe scheme or schemes;

(b) total estimated cost;

(c) sources of finance;

(d) date of commencement;

(e) date of completion;

(f) manner of execution;

(g) agencies responsible for maintenance;

*(h)*benefits, tangible or intangible to accrue ; and

(i) such other matters as may be necessary.

(2) The Development Plan of a Local Council shall be sanctioned in its ordinary meeting.

(3) Asfar as may be, the schemes included in the development plan shall be included in the budget.

145. Community Development Projects.‑‑ALocal Council may sponsor or promote Community Development Projects for its local area or any part thereof and may in this behalf, subject to the approval of Government, perform such functions as may be necessary.

146. Commercial Schemes.‑ALocal Council may, with the previous sanction of Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.

CHAPTER XVII‑TOWN IMPROVEMENT

147. Town Improvement Committees.‑AMunicipal Committee may, with the prior approval of Government, constitute a Town Improvement Committee which shall perform such functions and exercise such powers as may be specified by Government from time to time.

  1. Development Schemes.‑Where a Town Improvement Committee is constituted, Government may, in the prescribed manner, provide for‑‑

(a) the types of schemes to be undertaken such as for general improvement, rebuilding, streets, development, expansion, housing, accommodation, re-hous ing, multifarious or deferred schemes;

(b) initiation of schemes by the Town Improvement Committee on the direction of Government or on move by the Local Council;

(c) considerations governing initiation of schemes such as condition of adjoining localities, the direction in which a town is likely to expand and the relative claims of any other localities to any alternative schemes;

(d) matters to be provided for in a scheme such as compulsory or private acquisition of land, retention, management or disposal of lands vested in the Municipal Committee, demolition of unhygienic buildings, relaying out and redistribution of land in a scheme, laying out and alteration of schemes, provision and management of open spaces, reclamation of land and its reservation for the production of fruit, vegetables, fuel, fodder and the like for the residentsof a local area, water supply and lighting, drains and sewerage, health measures, demolition, erection and re‑erection of buildings, advances to owners, communications and other matter;

*(e)*alteration and abandonment of schemes and of acquisition of land;

(f) furnishing of information by a Local Council or by Government or other agency and which is necessary for the purpose of framing a scheme or of assistance in its execution or maintenance;

(g) powers ‑of such sanction or, as the case may be, of rejection or modification of a scheme;

*(h)*powers to facilitate movement of population and powers of entry; (i) powers to make a survey or contribute towards their costs; and (j) such other matters as may be necessary.

*149. Notice of scheme.‑(1)*As soon as may be, after a scheme has been framed by the Town Improvement Committee, the Town Improvement Committee shall prepare a notice stating the fact that the scheme has been framed and that the boundaries of the localities comprised therein and the place or places at which and the time at which the scheme including a statement of the land proposed to be acquired and the general map of the locality comprised in the scheme, may be inspected.

(2) The Town Improvement Committee shall, notwithstanding anything contained in the sanctioned scheme, cause the said notice to be notified and also published in a newspaper weekly on three consecutive weeks alongwith a statement of the period within which objections shall be received.

(3) On the notification and publication of notice under subsection (2), the scheme shall be deemed to be in force and no person shall thereafter erect, re‑erect, add or alter any building or buildings within the area of the scheme except with the permission of the Town Improvement Committee.

(4) The objections received under subsection (2). shall be disposed of in the prescribed manner.

  1. Notice of acquisition of lands and notification of schemes.‑(1) During thirty days next following the first day en which any notice is notified and published under subsection (2) of section *149,*the Town Improve ment Committee shall serve a notice on every person whom the Town Improvement Committee has reason to believe to be owner or occupier of any immovable property which is proposed to be acquired in executing the scheme and such notice shall state that the Town Improvement Committee proposes to acquire such property for the purpose of carrying out a scheme, requiring such person, if he objects to such acquisition, to state his reasons in writing within a period of sixty days from the service of the notice.

(2) The sanction of the scheme by the authority competent to do so under the rules shall on notification be conclusive evidence that the scheme. has been duly framed and sanctioned.

  1. *Finances.‑(1)*For every Town Improvement Committee there shall be maintained a Fund, to be known as Development Fund which shall be treated as a local fund.

(2) The Development Fund shall be made up of contributions by the Municipal Committee and such loans and grants as are approved and made by Government.

  1. Explanation.‑In this Chapter, the expression "Municipal Committee" includes Municipal Corporation and Town‑Committee.

CHAPTER XVIII.‑SUPERVISION OF LOCAL COUNCILS

  1. Supervision of Local Councils.‑Government shall exercise general supervision and control over the Local Councils in order to ensure that their activities conform to the provisions of this Ordinance.

  2. Inspection ofLocal Council.‑(1) The. working of the Local Councils shall be inspected at least once in each financial year by the Inspecting Officer or officers to be notified by Government.

(2) The Inspecting Officer shall have the power‑

(a) to enter upon, inspect and survey or cause to be entered upon or inspected and surveyed any immovable property occupied by a Local Council or any institution maintained by or any work in progress under the directions of a Local Council;

(b) to call for and inspect or cause to be inspected files, registers, books or documents in the possession or under the control of a Local Council;

(c) to. require the production of such statements, accounts, reports, documents and copies of documents relating to the proceedings of a Local Council as the Inspecting Officer may think fit;

(d) to attend meetings of Local Council and to take part in discussions and other proceedings but shall not have the power to vote; and

(e) to inquire generally into the affairs of a Local Council.

  1. Inspection reportsand action thereon.‑(1) The inspection reports shall be prepared on such pro forma as may be specified by Government and the inspection reports so prepared shall be forwarded to the Local Council concerned within thirty days of the completion of inspection.

(2) As soon as may be, the inspection reports prepared under subsec tion (1) shall be placed before. a meeting of the Local Council for information and compliance.

(3) The Chairman shall take such action on the inspection report as may be required.

(4) Within thirty days of the receipt of an inspection report, a Local Council shall annotate the inspection report and forward it to the Inspecting Officer who may issue such further directions and advice to the Local Council as maybe necessary.

(5) If there is any dispute or difference of opinion between the Inspecting Officer and the Local Council, such dispute or matter shall be decided by Government.

*156. Safeguards.‑If,*in the opinion of Government, anything done or intended to be done by or on behalf of a Local Council is not in conformity with law, Government for reasons to be, recorded may‑‑‑

*(a)*quash the proceedings;

(b) suspend the execution of any resolution passed or order made by the Local Council;

(c) prohibit the doing of anything proposed to be done; and

(d) require the Local Council to take such action as may be specified.

*157. Power to give directions.‑‑(I)*Government may direct any Local Council or any person or authority responsible thereto to take within such period as may be specified such action as may be necessary for carrying out the purposes of this Ordinance.

(2) Where after due enquiry, Government is satisfied that a Local Council or person or authority has failed to comply with any direction made under subsection (1), Government may appoint a person or persons to give effect to such directions and may further direct that the expenses incurred in connection therewith shall be borne by the Local Council.

(3) Should the expenses be not so paid, Government may make an order directing the person having the custody of the balance of the Local Fund of the Local Council to pay the expenses or so much thereof as may, from time to time, be possible.

*158. Inquiries.‑(1)*Government may, whether suo moto or on the application made to it by any person, cause an inquiry to be made by such person as may be authorised by it in this behalf. into the affairs of a Local Council, generally or into any particular matter concerning a Local Council and take such remedial measures as may be warranted by the findings of such inquiry.

(2) Such person shall, for the purposes of the inquiry, have the powers of a Court under the Code of Civil Procedure, 1908 (V of 1908), to take evidence and to compel the attendance of witnesses and the production, of documents.

(3) Government may make an order ill respect of the expenses of the inquiry and the parties by whom the same shall be paid.

(4) Any amount payable under subsection (3), by any person not being a Local Council shall be recoverable as a public demand or arrears of land revenue.

*159. Suspension arid dissolution.‑(1)*Government may, by notification, suspend a Local. Council if there. are reasons to believe that a Local Council

(a) is unable to discharge or persistently fails to discharge its duties; or

*(b)*is unable to administer its affairs or meet its financial obligations; or

(c) generally acts in a manner contrary to public interest; or.

(d) otherwise exceeds or abuses it powers,

(2) On the publication of a notification under subsection (1)‑

(a) persons holding offices as Chairman and members of a Local Council shall cease to hold office,;

(b) all function, of the Local Council shall, during the period of suspension, be performed by such person or authority as Government may appoint in this behalf: and

(c) all funds and property belonging to the Local Council shall, during the period of suspension. vest in Government.

(3) Government shall hold or cause to be held an inquiry into charges on which a Local Council is suspended. If, within a period of two months, from the date of the suspension of the Local Council, the inquiry is not completed, the Local Council shall stand revived.

(4) if. as a result of the inquiry, the charges against the Local Council are proved, Government may dissolve the Local Council.

(5) When a Local Council is dissolved‑

(a) Government shall order fresh elections if the remaining term of the Local Council is not less than six months and the term of office of the Local Council so reconstituted shall be the same as mentioned in sec?tion 31; and

(b) if the remaining tern of its office is less than six months, the person or authority referred to? subsection (2) shall continue to perform the functions of the Local Council and its funds shall continue to vest in Govern?ment till the reconstituted Local Council assumes Office.

160. Bar of suits.‑Nosuit Or other legal proceedings shall lie against Government or any person or authority for any loss or damage of any kind caused by the suspension or dissolution of any Local Council.

CHAPTER XIY‑DISTRICTCO‑ORDINATION COMMITTEES AND INTER‑COUNCIL MATTERS

*161. District Co‑ordination Committee.‑(I)*There shall be a District Co‑ordination Committee in every District 'which shall consist of Chairmen of the District Council, and the Municipal Corporation or the Municipal Committee, as the case may be, and Heads of all executive Departments of Government in the District.

(2) The Members of the Provincial and National Assemblies elected from the District may take part in the meetings of the District Co‑ordination Committee but they shall not be its members.

(3) The Chairman of the District Council shall be the Chairman of the District Co‑ordination Committee and Assistant Director Rural Development Department shall be it s Secretary.

(4) The District Co‑ordination Committee shall be under the general control and superintendence of the District Council.

*162. Functions and powers.‑(1)*The functions and powers of co‑ordina tion of the District Co‑ordination Committee shall, among other, matters, include the following:

*(a)*co‑ordination of activities of all Local Councils in the District and all Government Departments.

(b) settlement of disputes among the Local Councils;

(c) co‑ordination of development plans of Local Councils;

(d) review of questions and answers relating to any matter connected with the administration of the Local Councils; and

(e) levy of surcharge under section 132.

(2) . Any decision taken by the District Co‑ordination Committee Concerning Local Councils shall be communicated to the Local Council concerned 'for implementation.

(3) Observations regarding the working of Government Departments shall be communicated to the Provincial Heads of the Department.

163. Joint Committees.‑ALocal Council may join any other Local Council or a Local Authority in appointing a Joint Committee for any purpose in which such Local Councils or Local Authorities are jointly interested 'and may delegate to such Joint Committees any power which may be exercised by it including the power to make bye‑laws for conduct of its business.

CHAPTER XX: OFFENCES AND PENALTIES

164. Offences.---An actor omission specified in the Third Schedule shall be an offence under this Ordinance.

165. Punishment.‑(1) Whoever commits any of the offences mentioned in Part I of the Third Schedule shall be punished with imprisonment for aterm which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and if the offence is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the first commission during which period the offender has persisted in the offence.

(2) Whoever commits any of the offences mentioned in Part II of the Third Schedule shall be punished with fine which may extend to five hundred rupees and if the offence is a continuing one, with further fine which may extend to fifty rupees for every day after the date of the first commission during which period the offender has persisted in the offence.

(3) Out of the fine imposed under subsection (1), or subsection (2), the Court imposing the fine may award such compensation for the loss to or damage of the property of the Local Council as it may deem fit.

166. Compounding of offences.‑Subject tothe provisions of section 80, the Chairman or any person generally or specially authorised by Local Council in this behalf, may compound any offence under this Ordinance.

167. Cognizance of offences.‑‑NOCourt shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chairman or a person generally or specially authorised by the Local Council in this behalf.

168. Summary disposal of cases.‑‑(1) ACourt taking cognizance of any offence punishable under this Ordinance other than an offence mentioned in Part I of the Third Schedule, may state upon the summons to be served on the accused person that he may‑

*(a)*appear by pleader and not in person.; or

(b) by a specified date, prior to the hearing of the charge, plead guilty by registered letter and remit to the Court such amount, not exceeding one hundred rupees, as the Court may specify.

(2) The accused person shall, if he pleads guilty to the charge, forward his licence, if any, to the Court with a letter containing his plea in order that the conviction may be endorsed on the licence.

(3) Where the accused person pleads guilty and remits the sum specified and has complied with the provisions of subsection (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable to be disqualified from, holding or obtaining a licence solely by reason of his having pleaded guilty.

169. Summary trial ofoffences.‑Notwithstanding anything to the contrary contained in any other law for the time being in force, the offences specified in the Third Schedule shall be tried summarily and the Court shall have the same power of compounding an offence as that of the Chairman concerned.

CHAPTER XXI‑MISCELLANEOUS

170. Appointment of whole‑time Magistrates.‑(1) Government may, on such terms and condition as it may determine, appoint one or more Magistrates for trial of offences under this Ordinance.

(2) Notwithstanding anything to the contrary contained in any other law for the time being in force, the Magistrate or Magistrates, as the case may be, appointed under subsection (1) shall have the power to try summarily the offences under this Ordinance.

  1. Appeals.‑‑(1) Any person aggrieved by any order passed by a Local Council or its Chairman in pursuance of this Ordinance or the rules or bye‑laws, may appeal to such authority, in such manner and within such period as may be prescribed.

(2) Any order passed in appeal shall be final:

  1. Power to make rules.‑(1) Government may make rules for carrying outthe purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters specifically required to be provided under this Ordinance, and all matters incidental, consequential and supplemental thereto.

  1. Bye‑laws.‑(1) ALocal Council may, and if required by Govern ment shall, make bye‑laws not inconsistent with this Ordinance and the rules framed thereunder to carry out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such bye‑laws may provide for all or any of the matters specifically required to be provided by bye‑laws under this Ordinance, and the matters incidental, consequential and supplemental thereto.

(3) Any regulations made by any Local Council in pursuance of, or continued in force under the provisions of the North‑West Frontier Province Local Government Ordinance, 1972, if not inconsistent with this Ordinance or the rules made thereunder, shall be deemed to be bye‑laws validly made under this Ordinance.

  1. General provisions relating to rules, etc.‑(1) All bye‑laws shall be made subject to the condition of previous publication.

(2) All bye‑laws made by any Local Council shall be subject to the sanction of Government and Government may sanction such bye‑laws subject to modifications.

(3) Government may frame model bye‑laws and in framing their bye‑laws the Local Councils shall be guided by such model bye‑laws.

(4) All rules shall be notified in the official Gazette, and all bye‑laws shall be published in such manner as in the opinion of the authority making them be best adopted for informing the residents of the Local Area concerned.

(5) Copies of rules and of bye‑laws pertaining to a Local Council shall be kept available at the office of the Local Council for inspection and sale.

(6) All rules and bye‑laws when duly made shall be deemed to form part of this Ordinance and shall have effect accordingly.

  1. Delegation of powers.‑(1) Government may, by notification, delegate any of its powers under this Ordinance or the rules to any officer subordinate to it.

(2) A Local Council may, with the previous sanction of Government delegate any of its powers under this Ordinance or the rules or bye‑laws to its Chairman or a Sub‑Committee or any of its officers or members.

(3) A Chairman may, with the previous sanction of the Local Council concerned, delegate all or any of its powers under this Ordinance or the rules or bye‑laws, not being powers delegated to him under this subsection (2), to any member of the Local Council, or any of its officers.

  1. Transfer and functions.‑Notwithstanding anything contained in this Ordinance or in any other law, Government may, from time to time, direct that subject to such terms and conditions as may be specified in the direction,‑‑

(a) any institution or service maintained by a Local Council shall be transferred to the management and control of Government; or

*(b)*any institution or service maintained by Government shall be transferred to the management and control of a Local Council.

Provided that no direction regarding the transfer of any institution or service from a Local Council to Government or vice versa shall be given without the consent of the Local Council.

  1. Licences and sanctions.‑(1) Wherever it is provided in this Ordi nance or the rules or bye‑laws that the permission or sanction of a Local Council shall be necessary to the doing of any act, such permission or sanction shall be in writing.

*(2)*Every licence sanctioned or permission granted by or under the authority of a Local Council shall be signed by the Chairman, or by such official of the Local Council, as may be authorised in this behalf by rules or bye‑laws.

  1. Institution of suits against Local Councils, etc.‑(1) A suit may be instituted against Local Council or against any member, official or servant of a Local Council in respect of any act done or purported to have been done in his official capacity after the expiration of one month next after a notice in writing has been, in the case of a Local Council, delivered or left at its office and in the case of a member, official or servant, delivered to him or left at his office or residence, stating the cause of action, the name, descrip tion of place or residence of the intending plaintiff and the relief which he claims and the plaint shall contain a statement that such notice has been so delivered or left. '

(2) Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of one month or where the plaint does not contain a statement that such notice has been so delivered or left or if settlement as regards the subject‑matter of the suit is reached or the Local Council or the member or official or servant, as the case may be, concedes the plaintiffs' claim within the period of one month from the date of institution of the suit, the plaintiff shall not be entitled to any cost.

*179.*Notice and service thereof.‑(1) Where anything is required to be done or not to be done by any person under this Ordinance or the rules or bye‑laws, a notice shall be served on the person concerned specifying the time within which the requirements shall be complied with.

(2) No notice shall be invalid for defect of form.

(3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his abode or place or business.

(4) A notice intended for the public in general shall be deemed to have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Local Council.

  1. Records to be public documents.‑All records prepared or registers maintained under this Ordinance .shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (1 of 1872).

Members and servants of Local Councils to be public servants. Every member and every servant of a Local Council, and every other person duly empowered to act on behalf of a Local Council, shall be deemed to be a public servant within the meaning of section 21of the Pakistan Penal Code (XLV of 1860).

181.Members and servants of Local Councils to be public servants. Every member and every servant of a Local Council, and every other person duly empowered to act on behalf of a Local Council, shall be deemed to be a public servant within the meaning of section 21of the Pakistan Penal Code (XLV of 1860).

*182.*Power to declare officers and servants as essential officers and servants.‑A Local Council may by resolution declare any officer or servant of the Local Council to be an essential officer or servant.

  1. Bar against employment.‑...A Chairman or a member of a Local Council shall not be employed under such Local Council for a period of one year from the date on which he ceases to be a Chairman or member, as the case may be.

*184.*Protection of action taken in good faith.‑.No suit, prosecution or other legal proceeding shall lie against Government or any Local Council or against any person authorised by either, for anything done or in good faith intended to be done under this Ordinance or for any damage caused or likely to be caused by any such thing.

CHAPTER XXII‑TRANSITIONAL PROVISIONS

  1. Interim authorities.‑In any area within the jurisdiction of a Local Council or a local body as defined in the Ordinance repealed by section 4, in which the provisions of this Ordinance are brought into force but a Local Council is not constituted or a Local Council constituted under this Ordinance has been dissolved, then notwithstanding anything contained in this Ordinance, Government may, by order, empower a person or persons to perform all or any of the functions of such Local Council or local body as had jurisdiction therein immediately before such enforcement or dissolution, as the case may be, or such functions of a Local Council under this Ordinance as may be specified in the order, until a Local Council for the area assumes office in accordance with the provisions of this Ordinance.

186. Interim maintenance ofinstitutions.‑Where on the enforcement of this Ordinance in any area, any service undertaken or institution maintained by Government is required under any of the provisions of this Ordinance to be compulsorily undertaken or maintained by a Local Council, such service or institution shall, notwithstanding anything contained in this Ordinance, continue to be undertaken or maintained by Government until the management thereof is duly transferred to the Local Council.

187. Interim budget.‑Where a Local Council assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to‑ the remaining period of that year and the provisions regarding budget under this Ordinance shall mutatis mutandisapply to such a budget.

188. Continuation of functions of certain authorities and officers.‑

Notwithstanding anything contained in this Ordinance, all authorities and all officers who immediately before the enforcement of this Ordinance were exercising functions of Local Councils under the North‑West Frontier Province Local Government Ordinance, 1972, shall continue to exercise their respective‑ functions till the Local Councils are constituted under this Ordinance ; provided that Government may withdraw all or any of the functions from such authorities or officers as it may deem necessary.

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