Professional Documents
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Analysis of Local Government Statutes Report
Analysis of Local Government Statutes Report
GOVERNMENT
STATUTES OF
THE PUNJAB AND KHYBER PAKHTUNKHWA
PROVINCES
May 2014
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Table of Contents
Historical Perspective
Conclusion
10
Sources of Reference
12
Annex 1
12-13
Annex 2
110-111
Historical Perspective
The basic philosophy of local government system is that the
affairs of an area, how large or small may be, including
administration thereof, provision of services, like water, gas,
electricity, roads, educational and health facilities, taxation,
policing and resolution of minor disputes are managed and
processed by the residents of that area, either directly or
through their representatives. The excavations of the cities
of Moenjodaro (Sindh), Harappa (Punjab), Takhat Bhai
(Khyber Pakhtunkhwa) and several other archeological
sites in Pakistan relating to 5000 to 4000 B.C. are clear
indicative of the fact that even during ancient period, the
Indus civilization had certain bodies or organizations in the
administration who were responsible for provision of basic
civic services, such as sanitation and development of water
sources. Under the Mughals who were very fond of
greenery, during the long reign provided and developed
gardens, fountains and public baths, etc., for the common
people.
During seventeenth century, the British colonial rule of
Indian sub continent commenced through East India
Company, Charted by the Queen of England on the 31st
December, 1600. The Company was, in the first instance,
formed to have trade with Indian states, but shortly after
landing in India, it assumed the role of an agent of British
Crown and started occupying the Indian territories and
establishing its rule thereon. In this process, Madras was
the first territory on which the Company established its
complete control. In 1688, Madras was declared as a
Municipal corporation for the purpose of looking after the
civics arrangements of the area. In 1842, when the
Company had occupied a large chunk of Indian peninsula
and several southern states, the first legislation, namely the
Conservancy Act was introduced in Bengal Presidency
where under Conservancy Committees were constituted.
Since the British Government had annexed Sindh with
Bombay Presidency, the law was also made applicable to
Karachi by constituting a Board of Conservancy in the same
year. Later, on the same pattern under the Municipal Act,
1846, such Committees were established at Lahore and
Rawalpindi. This legislation was, however, limited in scope
as it only provided for setting up of Sanitary Committees in
certain towns on the request of residents or owners of the
houses in a locality for the purpose of maintenance of
conservancy, including collection of garbage and disposal
thereof. This was followed by the All India Municipal Act,
1850 which was, initially, enforced in four towns of Bengal
and Punjab having concentration of British and other
Eruption nationals.
Under this statute, Municipal
Committees could be set up in the area on the desire of
owners of houses thereof.
Subsequently, in 1852, the law was extended to Karachi and
accordingly a Municipality was established for that district.
Later, in year 1867, the Punjab Municipal Act was introduced
where under Committees comprising official and nonofficial members could be appointed by the Government for
a period of two years, inter alia, with the object to make them
responsible for management of conservancy affairs. During
the same period, the District Improvement Act, 1864, was
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03
04
05
06
(ii)
(iii)
(iv)
(v)
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08
09
Conclusion
The term of the Local Governments which had taken charge
as a result of 2005 elections under the provisions of the
Local Government Ordinances, 2001, expired in December
2009. In the meanwhile, general elections were held for
election of members of the National Assembly and four
Provincial Assemblies in February, 2008. This resulted into
Peoples Party coming into power at the Federal as well as in
Baluchistan in coalition with several other political parties,
including Muslim League (Q), Jamiet-e-Islam (F) and Awami
National Party. In Khyber Pakhtunkhwa Province, it
supported Awami National Party to form the Government. In
Punjab, however, Muslim League (N) emerged as
successful party and formed the government accordingly.
But surprisingly, neither the Federal Government nor the
Provincial Governments showed any interest to hold local
government elections. In this context, several persons in
their individual capacity and organizations moved the
superior courts for issuing appropriate directions to the
Federal and Provincial Governments for holding local
government elections forthwith.. The Courts repeatedly
reminded the concerned Governments that it was their
Constitutional obligation to make arrangements for holding
local government elections without loss of any time, devolve
administrative, financial and political responsibilities to the
elective representative of the people. In this connection, in a
case titled as President, Baluchistan High Court Bar
Association, Quetta vs Federation of Pakistan and others
(P.77 of 2010), the Supreme Court of Pakistan dealing with
Baluchistan situation case observed thatIn Baluchistan the public of the province is
empowered by holding the election of the local bodies,
which otherwise is the obligation of the Government in
term of Article 32 of the Constitution, which provides:The State shall encourage local Government
institutions composed of elected representatives of the
areas concerned and in such institutions special
representation will be given to peasants, worker and
women.
The Court further observed thatUnder Article 140-A, each provincial government is
bound by law to establish a local government system
and devolve political, administrative and financial
responsibility and authority to the elected
representatives of the local governments. It is not only
the province of Baluchistan but other provinces as well
as Territory of Islamabad have not held election so far.
These observations of the apex Court, however, did not
have any effect on the Provincial Governments who were
reluctant to make necessary arrangements for holding local
governments elections on one pretext on other. All the
Provinces were, however, unanimous that the respective
Local Government Ordinances, 2001, were not acceptable
for various reasons and need to be replaced by new
legislation. In this context, Baluchistan Province took the
lead and introduced a new Baluchistan Local Government
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11
Sources of Reference
Constitution Documents (Pakistan), Published by Ministry of Law and Parliamentary Affairs, Government of Pakistan.
The Government of India Act, 1935.
The Constitutions of the Islamic Republic of Pakistan, 1956, 1962 and 1973.
Historical Background of Local Government in Pakistan (Political Aspects) by Afzal Khan.
Local Government in Pakistan, CSS Form, Larkana
Law and Practices of Punjab Local Governments, by Dr. M. Mohy-ud-Din Qazi.
Sindh, Baluchistan, North West Frontier Province and Punjab Local Government Ordinances 2001.
The Cantonments Local Government Ordinance 2002.
The Islamabad Capital Territory Local Government Ordinance 2002.
The Punjab Local Government Act 2013(Annex).
Khyber Pakhtunkhwa Local Government Act 2013(Annex).
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Annex
Annex 1
COMPARISON OF PROVI NCIAL LOCAL GOVERNMENT ACTS OF PUNJAB & KPK 2013
6. Local areas.
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15
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(f)
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(i)
(j)
(f)
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(j)
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78. Structure.
(1) The Chairman of a District Council shall be the
executive head of the District Council and the Vice
Chairman shall perform the functions of the
Chairman when the Chairman is unable to perform
his functions on account of absence or for any
other reason.
(2) The Chief Officer shall coordinate and facilitate the
performance of functions assigned to the District
Council under supervision of the Chairman.
79. Chief Officer.
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25
26
27
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29
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development;
(u) authorize an officer or officers to issue notice to
a person committing any municipal offence and
initiate legal proceedings for continuance of
commission of such offence or for failure to comply
with the directions contained in such notice;
(v) prosecute, sue and follow up criminal, civil and
recovery proceedings against violators of
municipal laws in the courts of competent
jurisdiction;
(w) nominate members of Musalihat Anjuman for a
ward and monitor the performance of Musalihat
Anjuman in the prescribed manner;
(x) arrange registration of births, deaths, marriages
and divorces and pass on such information about
births, deaths, marriages and divorces in its
territorial jurisdiction to such persons and
institutions as may be prescribed;
(y) maintain municipal records and archives;
(z) establish and maintain libraries and reading
rooms;
(aa) conserve historical and cultural assets;
(bb) assist in the provision of relief in the event of
any fire, flood, hailstorm, earthquake, epidemic or
other natural calamity and assist relevant
authorities in relief activities;
(cc) prepare financial statements and present
them for internal and external audit in the
prescribed manner; and
(dd) undertake the functions assigned to a Union
Council under this Act.
(3) The Municipal Committee may assign or
outsource any of its functions in such manner and
on such terms and conditions as may be
prescribed.
82. Structure.
(1) The Chairman of a Municipal Committee shall be
the executive head of the Municipal Committee
and the Vice Chairman shall perform the functions
of the Chairman if the Chairman is unable to
perform his functions on account of absence or for
any other reason.
(2) The Chief Officer shall coordinate and facilitate the
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(a) coordination;
(b) human resource management;
(c) public relations;
(d) legal affairs; and
(e) emergency services.
(2) The Chief Officer, in carrying out his functions,
shall
(a) supervise and coordinate all municipal offices
responsible for the provision of municipal services;
(b) prepare a report on the planning and
implementation of development plans of the local
government for presentation to the house of the
local government in its annual budget session;
(c) ensure that the business of the local
government is carried out in accordance with the
law;
(d) ensure implementation of environmental and
social safeguards;
(e) effect procurements, as prescribed, in
accordance with law; and
(f) take action against violators of this Act, rules or
bye-laws.
85.Municipal offices.
The Government may, in the prescribed manner, issue
a schedule of establishment for a Municipal Committee
and such schedule may include planning, finance,
municipal regulation and municipal infrastructure
offices.
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(g) r e g u l a t e a f f i x i n g o f s i g n - b o a r d s a n d
advertisements;
(h) provide, manage, operate, maintain and improve
municipal services;
(i)
(j)
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43
(i)
(j)
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45
articles;
(ii) adulteration of articles of food; and
(iii )breach of public water courses with in the area
of the village council or neighborhood council.
(e) prepare and send quarterly reports on the
performance of functionaries of all offices located
in the area including education, health, public
health engineering, agriculture, livestock, police
and revenue to tehsil municipal administration and
district government.
(2) The Nazim, village council or the Nazim
neighborhood council, as the case may be, shall
be responsible for any loss flowing from his
decisions and directions in violation of this Act or
any other law for the time being in force and for
expenditures incurred without lawful authority.
(3) The Nazim, neighborhood council shall represent
the council in the special units created under
section 23 of this Act
29. Functions of the Village Council or
Neighborhood Council.
(1) Functions of the village council and neighborhood
council, as the case may be, shall be to:
(a) monitor and supervise the performance of
functionaries of all government offices located in
the area of the respective village council or
neighborhood council, including education,
health, public health engineering, agriculture,
livestock, police and revenue, and hold them
accountable by making inquiries and reports to the
tehsil municipal administration, district
government or, as the case may be, the
Government for consideration and action;
(b) provide effective forum for out of court
amicable settlement of disputes and, for this
purpose, constitute panels of members as
conciliators;
(c) register births, deaths and marriages;
(d) implement and monitor village level
development works;
(e) improve water supply sources, maintain water
supply distribution system and take measures to
prevent contamination of water;
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92. Authority.
(1) An Authority shall be a body corporate having
perpetual succession and a common seal, with
power to acquire and hold property and enter into
any contract and may sue and be sued in its name.
(2) The Government shall, through open competition,
appoint the Chief Executive Officer of an Authority
on such terms and conditions as may be
prescribed and, until so appointed, the
Government may appoint an officer not below the
rank of BS-18 to look after the functions of the Chief
Executive Officer.
(3) The Chief Executive Officer shall be the Principal
Accounting Officer of the Authority and shall
perform such functions as are mentioned in this
Act or as may be prescribed or as may be
delegated by the Authority or as the Government
may assign.
(4) An Authority may assign any of its functions to a
public or private organization on such terms and
conditions as may be prescribed or enter into
public-private partnership for efficient
performance of any of its functions.
93. Functions of District Education Authority.
A District Education Authority shall
(a) establish, manage and supervise the primary,
elementary, secondary and higher secondary
schools, adult literacy and non-formal basic
education, special education institutions of the
Government in the District;
(b) implement policies and directions of the
Government including achievement of key
performance indicators set by the Government for
education;
(c) ensure free and compulsory education for
children of the age from five to sixteen years as
required under Article 25-A of the Constitution;
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other;
(f) develop linkages between private and public
health sectors for enhancing access and coverage
of health care facilities to the general public and
improving quality of these services;
(g) coordinate health related emergency response
during any natural calamity or emergency.
(h) ensure human resource management and
capacity development of health service delivery
personnel under the policy framework given by the
Government;
(i) ensure performance based contracts with
service delivery managers as per prescribed
indicators;
(j) monitor, exercise oversight and performance
evaluation of service delivery managers as per
agreed performance indicators either directly or
through a third party;
(k) liaison with the Government for technical and
logistic support in case of any emergency or
disaster like situation;
(l) ensure timely and adequate reporting of
progress on health indicators and issues relating
to disease surveillance, epidemic control, disaster
management to the Government;
(m) implement policies and directions of the
Government including achievement of key
performance indicators set by the Government for
health care programmes;
(n) ensure implementation of minimum service
delivery standards, infrastructure standards,
patient safety and hygiene standards and
minimum public health standards as prescribed by
the Punjab Health Care Commission; and
(o) perform any other function as may be assigned
by the Government.
95. Performance of functions by the Authorities.
(1) An Authority shall perform its functions in the
prescribed manner.
(2) In the performance of their functions, the
Authorities shall also be bound and be guided by
the policies and instructions issued, from time to
time, by the Government.
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32.Charged expenditure
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104. Budget.
34.Budget Preparation
the
the
the
the
(3) The functionaries of a local government may reappropriate budget in accordance with the powers
of re-appropriation delegated to them by the local
government and at the end of the financial year, a
revised budget shall be submitted to the local
government for approval.
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35.Approval of Budget.
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107. Accounts.
36.Accounts
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Council.
(7) The Accountant General and the District Accounts
Officer shall pre-audit all the payments from the
Local Funds of the District Education Authority and
District Health Authority.
(8) A local government shall not withdraw or disburse
money from the Local Fund unless it is pre-audited
in the prescribed manner.
108. Audit.
37.Audit
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Explanation.
For the purpose of this section the rate shall mean the
tax leviable under the Khyber Pakhtunkhwa Urban
Immovable Property Tax Act, 1958 (W.P. Act V of 1958).
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(1) T h e F i n a n c e C o m m i s s i o n s h a l l m a k e
recommendations to the Government on:
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(2) The Commission shall consist of the following:(a) a Chairman who shall be the Minister for Local
Government;
(b) three members of the Provincial Assembly of
the Punjab, two nominated by the leader of the
House and one nominated by leader of the
Opposition in the Provincial Assembly of the
Punjab;
(c) two technocrat members, including at least one
woman, nominated by the Government; and
(d) Secretary, Local Government and Community
Development Department.
(3) The Secretary, Local Government and Community
Development Department shall be the Secretary of
the Commission.
(4) The Punjab Local Government Commission may
co-opt any official of the Government for any
specific assignment.
(5) Subject to subsection (6), the tenure of the
members of the Punjab Local Government
Commission, other than the Chairman and the
Secretary, shall be five years.
(6) The Government may, after serving a notice and
opportunity of hearing, remove a member of the
Commission after recording reasons.
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18. Franchise.
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(1) If the office of a member or a Nazim and NaibNazim for any reason, falls vacant during the term
of office of a local council, a new member or a
Nazim and Naib-Nazim, as the case may be, shall
be elected in the prescribed manner within ninety
days from the date such vacancy is notified and he
shall hold office for the residue of such term.
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not be filled.
(7) If the office of a Chairman or a Vice Chairman of an
Authority for any reasons, falls vacant during the
term of office of the Authority, the Government shall
appoint a new Chairman or the Vice Chairman of
the Authority within thirty days from the date of
such vacancy and the new Chairman or Vice
Chairman shall, subject to this Act, hold office for
the remaining term of the Authority
34. Resignation.
82. Resignation
33. Removal.
83. Removals
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33. Removal.
(1) Where proceedings of disqualification under
section 27 have been initiated against a member,
the Election Commission or any authority
authorised by it may issue a notice to the member
Provided that
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stand vacated.
(5) Nothing in this section shall apply to bar a member
of a local government to contest the election of
Mayor, Deputy Mayor, Chairman or Vice Chairman
of a local government or a member of an Authority.
Every election, resignation or removal of a Nazim, NaibNazim, or a member, or the vacation of office by them
shall be notified by the Election Commission.
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48. Bribery.
89. Bribery
(i)
(i)
Explanation.
Explanation.
49. Personating.
90.Personating
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(i)
(i)
(i)
(i)
Explanation.
Explanation.
In this section, harm includes social ostracism or excommunication or expulsion from any caste or
community.
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(f)
(f)
(i)
(I)
(I)
(I)
(b)
(i)
(i)
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(i)
(i)
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(i)
(i)
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(f)
(f)
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61. Cognizance.
102. Cognizance
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months
45. Decision in case of equality of votes.
Where after the conclusion of the trial, it appears that
there is an equality of votes between two or more
contesting candidates and the addition of one vote for
one such candidate would entitle him to be declared
elected, the Election Tribunal shall draw a lot in respect
of such candidates and the candidate on whom the lot
falls shall be deemed to have received the highest
number of votes entitling him to be declared elected.
44. Ground for declaring elections as a whole void.
The Election Tribunal shall declare the election as a
whole to be void if it is satisfied that the result of the
election has been materially affected by reasons of
(a) the failure of any person to comply with the
provisions of this Act or the rules; or
(b) the prevalence of extensive corrupt or illegal
practice at the election.
43. Ground for declaring a person other than a
returned candidate elected.
The Election Tribunal shall declare the election of the
returned candidate to be void and the petitioner or any
other contesting candidate to have been duly elected, if
it is so claimed by the petitioner or any of the
respondents and the Election Tribunal is satisfied that
the petitioner or such contesting candidate was entitled
to be declared elected.
42. Ground for declaring election of returned
candidate void.
(1) The Election Tribunal shall declare the election of
the returned candidate to be void if it is satisfied
that
(a) the nomination of the returned candidate was
invalid; or
(b) the returned candidate was not, on the
nomination day, qualified for or was disqualified
from, being elected as a member; or
(c) the election of the returned candidate has been
procured or induced by any corrupt or illegal
practice; or
(d) corrupt or illegal practice has been committed
by the returned candidate or his election agent or
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102
103
rate, rent, toll, charge or any arrear of the tax, cess, fee,
rate, rent, toll or charge shall continue to make the
payment until such tax, cess, fee, rate, rent, toll or
charge is revised, withdrawn or varied under this
Act.
(2) Where any local government established under
the Punjab Local Government Ordinance, 2001
(XIII of 2001) was receiving any grant or any
compensation in lieu of Octroi or Zila tax, the
successor local government under this Act shall
continue to receive such grant or compensation.
(3) Where a local government assumes the office
under this Act for the first time
(a) the Government shall transfer grants to the
local government on the basis of an interim Punjab
Finance Commission Award announced by an
interim committee constituted by the Government;
and
(b) its budget for the financial year during which it
assumes the office shall relate to the remaining
period of that year and provisions regarding
budget under this Act shall, as far as possible,
apply to such a budget.
(4) On allocation, re-allocation or transfer of the
employees of the Government, local council
service, Tehsil/Town Municipal Administration
cadre, City District Government, District
G o v e r n m e n t , Te h s i l / To w n M u n i c i p a l
Administration and Union Administration or any
other body of any local government established
under the Punjab Local Government Ordinance,
2001 (XIII of 2001), the salaries, emoluments and
pensions of such employees shall not be reduced
on such allocation, re-allocation or transfer.
(5) The Government shall ensure payment of salaries
and other emoluments of the employees referred
to in subsection (4) till such time as the
Government may deem appropriate.
154. Repeal and saving.
(1) The Punjab Local Government Ordinance, 2001
(XIII of 2001) is hereby repealed.
(2) Save as otherwise specifically provided in this Act,
nothing in this Act shall affect or be deemed to
affect anything done, action taken, investigation or
proceedings commenced, order, rule, regulation,
bye- laws appointment, conveyance, mortgage,
deed, document or agreement made, tax or fee
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110. Training.
The Nazimeen, Naib-Nazimeen, members of the local
councils and functionaries in local governments shall
attend training courses for such periods and in such
manner and at such places as may be prescribed by
Government.
111. Appeals.
Any person aggrieved by any order passed by a local
government or its functionaries, in pursuance of this Act
or the rules or bye-laws made there under, may appeal
to such authority, in such manner and within such
period as may be specified.
112. Rules.
(1) Government may, by notification in the official
Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular and without prejudice to the generality
of the fore-going power, such rules may provide for
all or any of the matters specified in Part I of
Seventh Schedule.
(3) The rules made under sub-section (1) shall be
subject to previous publication in the official
Gazette and shall meet the following
considerations:(a) consistency with the provisions of this Act,
democratic decentralization and subsidiarity;
(b) enhancement of welfare of the people;
(c) fairness and clarity; and
(d) natural justice and due process of law.
113.Bye-laws.
(1) A district council, tehsil council, village council and
neighborhood council may, in their ambit of
responsibilities, make bye -laws to carry out the
purposes of this Act.
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(
(c) in the case of municipal committees for urban
areas in districts other than Peshawar by the
respective tehsil municipal administration;
(d) in case of union councils in rural areas of the
province by village councils to the extent of
functions assigned to them within their area of
responsibility; and
(e) in case of union councils in areas with urban
characteristics by the neighborhood councils to
the extent of functions assigned to them within
their area of responsibility.
(2) The Local Government Elections and Rural
Development Department, Government of Khyber
Pakhtunkhwa shall retain and continue to exercise
administrative control over Local Area
Development Authorities in the province.
(3) Government or an officer designated by
Government shall, within one hundred and eighty
days of the commencement of this Act, divide
rights, assets and liabilities of the local councils
including adjustment of the staff amongst local
governments and the decision of Government or of
the designated officer shall be final.
150. Bar against employment.
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Annex
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