PRELIMINARY
Chapter – I) Introduction #
1. Short title, extent and commencement.– #
(1) This Act may be cited as the Punjab Local Government Act 2022.
(2) This Act shall extend to whole of the Punjab except:
(a) the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), or such other areas under active possession and direct control of the Armed Forces of Pakistan that may be notified by the Government for this purpose; and
(b) the area exempted by the Government from any or all of the provisions of this Act through a notification in the official Gazette.
(3) This Act shall come into force at once.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 1 | 1 | 1 | 1 | 1 |
2. Definitions.– #
(1)In this Act:
(a) “administration” means administration of a local government other than Union Council, comprising such officers of the prescribed services and servants of local government; and in case of Union Council, such officials of Directorate General Local Government and Community Development, as may be determined by the Secretary in the schedule of establishment of the respective local government;
Comments
Provisions of the Punjab Local Government Act, 2022 are applicable to all over the Punjab other than the areas notified as Cantonments under the Cantonments Act, 1924 or the Cantonments Ordinance, 2002. The said Act is, however, not applicable to areas other than Cantonments notified by the Government of Punjab to be under active possession and direct control of the Armed Forces of Pakistan. The Government may also notify in the official Gazette exemption of any area from application of any or all of the provisions the Punjab Local Government Act, 2022, for example, controlled or city areas of the Developments Authorities or Agencies notified under the Lahore Development Authority Act, 1975 (Act XXX of 1975), Development of Cities Act, 1976 (Act XIX of 1976), Walled City of Lahore Authority Act, 2012 (Act XXXVI of 2012) and the Punjab Housing and Town Planning Agency Ordinance, 2002 (Act LXXVIII of 2002).
Comments
The term “administration” further been explained in clause (f) sub-section (1) and clause (g) sub-section (2) of section 13 of the Act. The term “administration” refers to the group of offices of a local government comprising officers and servants of the local government headed by the Chief Officer in case of the Metropolitan Corporation and District Council, and for Union Council the office shall consist of Secretary Union Council and the members of ancillary staff. The administration of a local government is responsible to assist elected local government to smoothly perform its function assigned under the Act and exercise powers conferred under the Act. It is important to note that administration of a Metropolitan and District Council is different from a Union Council to the extent that administration of former shall consist of officers from prescribed services as well as officers and servants of the local governments whose services are governed under the rules governing the terms and conditions of prescribed services, the Punjab Local Government Service (Appointment and Conditions of Service) Rules, 2018 and the Punjab Local Councils Servants (Service) Rules, 1997, whereas administration of the Union Council shall consist of officials of the Directorate General Local Government and Community Development whose terms and conditions of service are governed under the Punjab Local Government and Community Development Services Rules, 2018.
As envisaged from the above definition clause, if read with sub-section (1) of section 185 of the Act, number of such officers, servants and officials are to be determined by the Secretary Local Government and Community Development Department in the schedule of establishment of the respective local government.
(b) “Auditor General‟ means the Auditor General of Pakistan appointed under Article 168 of the Constitution;
(c) “Board” means the Punjab Local Government Board;
Comments
The Punjab Local Government Board is an autonomous body as defined in the Punjab Government Rules of Business, 2011 and mentioned in serial No.27, column 4 of the First Schedule of the said Rules.
(d) “budget” means the estimate of expected receipts and expenditure of a local government for a given financial year, and as the case may be, includes the estimate of receipts and expenditure of constituent offices, entities and agencies of that local government;
Comments
Budget is a document consisting of expected receipts and expenditures of a local government for a given financial year. Expected receipts include the proceeds of taxes, tolls, fees, rates or charges levied by the local government; grants made to or monies received by the local government from the Government or other sources; rents and profits payable or accruing to the local government from immovable property owned or otherwise vested in or controlled or managed by it; proceeds or any other profits from any investment; gifts, grants or contributions to the local government by individual or institutions; income accruing from markets or fairs regulated by the local government; fines and penalties imposed; proceeds from other sources of income which are placed at the disposal of the local government under directions of the Government; all monies transferred to the local government by the Government; monies transferred by another local government; share of the local government in the Punjab Finance Commission Award and share in the proceeds of taxes, tolls, fees, rates or charges levied by the local government collected by the Government to the Local Fund of the local government on monthly basis. On the other hand, expenditures of the local government include development and non-development expenditures. Development expenditures relates to the expenses incurred on development works under the Act. Non-development expenditures relates to the expenditures incurred on payment of utility bills, salaries, pensions and other infringe benefits of service.
(e) “building control” means implementation of a set of standards and regulatory framework established and enforced by a local government, for the safety of a building and its surrounding environment;
Comments
This Act does not contain the definition of the term “building” which was provided earlier in the repealed Punjab Local Government Ordinance, 2001 and the Punjab Local Government Act, 2013 in the following terms:
“building’ includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes wall, well, veranda, platform, plinth, ramp and steps.”
In this Act, only definition of building control has been provided which is related to regulation of erection and re-erection of building within the local area of the a local government in accordance with the procedure prescribed in paragraphs 19 to 34 of Seventh Schedule of the Act. For the purpose of building control, the local governments are authorized to make bye-laws under section 203 read with serial No.2 Part-II of the Sixth Schedule. Section 99 read with clause (f) of Part-I of the Fifth Schedule also enable the Metropolitan Corporation and District Council to levy and collect fee for approval of building plans, erection and re-erection of buildings.
(f) “bye-laws” means bye-laws made by a local government under this Act or rules made thereunder;
Comments
The term “bye-laws” has been defined in the Black’s Law Dictionary, Eight Edition as:
“A rule or administrative provision adopted by an organization for its internal governance and its external dealings. Although the byelaws may be an organization’s most authoritative governing document, they are subordinate to a charter or articles of incorporation or association or to a constitution.”
In the context of a local government, it is competent in its ambit of responsibilities to make bye-laws to carry out the purpose of the Act under section 203 of the Act. The Bye-laws shall not be inconsistent with the rules and the Act. The Government may also require the local government to make bye-laws. In case, the local government fails to make bye-laws under this section, the Secretary LG&CD Department with the approval of the Minister in charge of the Department may notify bye-laws for that local government which shall be valid as if framed by that local government.
(g) “candidate” means a candidate for election under this Act;
Comments
A person may be a candidate to contest the election for the office of a Head of a local government, Deputy Mayor, Vice Chairperson, Speaker, or a Councilor. Under section 54 of the Act, only nominated and eligible candidates are allowed to contest election. For the purpose of eligibility, the candidate shall be qualified and not disqualified in terms of conditions enumeration under section 61 of the Act.
(h) “cantonment” means a place or places notified as cantonment under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002);
Comments
“cantonment” means a place or places notified as cantonment under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002);
(i) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(j) “census” means a population and housing census provisionally or finally published under the General Statistics (Reorganization) Act, 2011 (XIV of 2011), whichever is later;
Comments
Result of census is an important factor for demarcation of local areas of a Metropolitan Corporation District Council and delimitation of a Union Council under sections 8 and 11 of the Act. It is expedient under the above sections that notification of demarcation of the Metropolitan Corporation and District Council shall contain population of each census block as per latest census results. Moreover, in case of Union Council, the Election Commission of Pakistan is bound to delimit Union Council keeping in view the uniformity of population as per the latest census. The Election Commission is bound to delimit territorial constituencies for elections to the National Assembly, each Provincial Assembly and to the local governments in accordance with the provisions of the Constitution, the Elections Act, the Rules and the applicable local government law under sub-section (1) of section 17 of the Elections Act, 2017. Sub-section (2) of section 17 further provides that the Election Commission shall delimit constituencies after every census officially published.
(k) “Chief Officer” means Head of the administration of the Metropolitan Corporation and District Council, including Officer in-charge of a Municipal Unit.
(l) “Collector” means a Revenue Officer appointed under section 7 of the Punjab Land Revenue Act, 1967 (XVII of 1967);
Comments
In the Act under section 108, Collector has been assigned the role of recovery of tax, etc. as an arrear of land revenue from the person who defaulted to pay despite service of notice of demand by the local government.
(m) “Commission” means the Punjab Local Government Commission constituted under this Act;
(n) “committee” means a committee constituted under this Act;
(o) “Community Council” means a Community Council constituted under this Act;
(p) “Constitution” means the Constitution of the Islamic Republic of Pakistan.
(q) “Council” means the Council comprising the Speaker and other Councillors of a local government;
(r) “Councillor” means a Councillor of the Council and includes a Speaker and a Councillor elected against a reserved seat;
(s) “defunct local government” means a local government constituted under any local government law existed prior to the commencement of this Act;
(t) “Department” means the Local Government and Community Development Department of the Government;
(u) “Directorate General” means the Directorate General Local Government and Community Development;
(v) “Directorate General (Inspections & Monitoring)” means the Directorate General of Inspections & Monitoring of the Board;
(w) “disabled person” means the same as defined under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981) or any other law on this subject for the time being in force;
(x) “district” means a District notified under the Punjab Land Revenue Act, 1967 (XVII of 1967);
Comments
Earlier, elections to the local governments were held under the Punjab Local Government Act, 2013 in 36 districts of the Punjab. Now the number of districts has been increased from 36 to 41 by creation of 5 more districts, namely, Wazirabad, Taunsa, Murree, Kot Addu and Talagang
(y) “District Council” means a District Council constituted under this Act;
(z) “elected office”meansthe office of a local government against which a Head, Deputy Mayor, Vice Chairperson, Speaker or a Councillor is elected;
(aa) “elected official”meansa Head of local government, Deputy Mayor, Vice Chairperson, Speaker, or a Councillor;
(bb) “Elections Act” means the Elections Act, 2017 (XXXIII of 2017);
(cc) “Election Commission” means the Election Commission of Pakistan established under Article 218 of the Constitution;
(dd) “farmer” means a person who owns more than five acres of land;
Comments
In the Act, Farmer has also been given a right to represent his group in a local government by way of contesting election as a candidate for election against the reserved seat of farmer. As per the above definition, a person having land not less than five acres may contest election against the reserved seat allocated to the District Council provided he is otherwise eligible candidate under section 61 of the Act.
(ee) “Election Tribunal” means the Election Tribunal constituted by the Election Commission to decide election petitions;
(ff) “electoral group” means an Electoral Group enlisted under this Act;
(gg) “electoral officer” means an officer appointed for election under this Act and includes a Presiding Officer, an Assistant Presiding Officer and a Polling Officer;
(hh) “electoral roll” means an electoral roll prepared, revised or corrected under the Elections Act;
(ii) “electoral unit” means electoral unit constituted for an election under this Act;
Comments
As per section 49 of the Act, entire local area of the Metropolitan Corporation, District Council or Union Council shall constitute one multi-member electoral unit for elections to the respective local government. It is a statutory obligation of the Election Commission of Pakistan to notify electoral unit in the official gazette at least forty five days prior to the date fixed for the election.
(jj) “Electronic Voting Machine (EVM)” means any device that is used by the Election Commission for conduct of free and fair local government elections for voting purposes, other than Ballot Papers whether for voting, counting of votes, transmitting the final results or recounting of the votes purposes;
Comments
Remarkable change brought by this section is that instead of manual procedure of casting votes in the ballot boxes, votes shall be casted through Electronic Voting Machines and I-Voting. I-Voting, or internet voting, refers to system which allows people to vote in an election or referendum from any device connected to the internet. I-Voting has been introduced to facilitate the overseas Pakistanis to cast vote which is otherwise their fundamental right.
(kk) “emergency” means circumstances imminently endangering public health, safety, life or significant or large scale harm to property requiring an immediate action;
Comments
It is one of the functions of the District Authority under clauses (f) & (g) sub-section (2) of section 27 of the Act to coordinate emergency response during any natural calamity or emergency; and liaise with the Government for technical and logistic support in case of any emergency or disaster. The Chief Officer is also responsible under clause (j) sub-section (1) of section 36 of the Act to assist relevant authorities in the circumstances of emergency. The above provisions of the Act has nexus with 13 of the Punjab Civil Administration Act, 2017 which enables the Government to declare by notification the whole or any part of the Province, as the case may be, as calamity-affected area under section 3 of the Punjab National Calamities (Prevention and Relief) Act 1958 (XXXIII of 1958). The said section also binds the local government in the district to render such assistance to the Deputy Commissioner on his request as may be necessary in the circumstances.
(ll) “fee” means fee against specific services provided by a local government and includes a regulatory fee for regulation of a business or activity;
Comments
Generally, fee is said to have levied and collected against provision of any specific service in the light of principle of quid pro quo. The Black’s Law Dictionary, Eight Edition defines the term fee as a charge for labour or services, esp. professional services. The Hon’ble Lahore High Court in the judgment reported as PLD 2015 Lahore 355 in the case titled “M/s D.S. Textile Limited vs. Federation of Pakistan, etc.”, under paragraphs 15, 20 and 22 while examining the different between ‘fee’ and ‘license / regulatory fee’ declared that that the license fee is in effect a regulatory fee charged to meet and defray the administrative costs of maintaining regulation in the area and is neither a fee (or user fee) which requires services to be rendered in return or a tax to raise revenue for the State. Therefore, the charge of license fee is constitutional and lawful. The above paragraphs are reproduced below:
15. Our jurisprudence evolved over the years has examined “fee” in the context of services rendered in return i.e., quid pro quo. The recent judgment of the Supreme Court of Pakistan in Durrani Ceramics, 17 eloquently summarizes the consistent view of our Courts on the subject in the following manner: Whereas ‘tax’ is a common burden for raising revenue and upon collection becomes part of public revenue of the State, ‘fee’ is exacted for a specific purpose and for rendering services or providing privilege to particular individuals or a class or a community or a specific area. However, the benefit so accrued may not be measurable in exactitude. So long as the levy is to the advantage of the payers, consequential benefit to the community at large would not render the levy a ‘tax.’ (Emphasis supplied).”
20. Examining the constitutional provisions and the jurisprudence developed in and out of Pakistan, it transpires that fee simpliciter or user fee requires a corresponding service to be rendered in return i.e., a quid pro quo. License fee, on the other hand, is architecturally different. It is a fee charged to permit or allow a person to operate within a regulatory scheme. A scheme designed to protect and improve public welfare. While fee has a micro objective of extending services to an identified person; license fee has a more macro objective and is charged to meet the administrative costs of maintaining a regulatory scheme for the benefit of the community, a particular sector or public at large. This distinction is constitutionally recognized under Article 73(3)(a). Fee and license fee are, therefore two distinct sub-species of charges, having their peculiar characteristics, as discussed above. The argument of the petitioners that in the absence of a service in return, license fee amounts to a tax, is not sustainable and is opposed to the clear provision of the Constitution. License fee, in essence, is a regulatory fee and not a user fee and does not require a service rendered in return. Hence, the impugned License Fee is constitutionally permissible and legally valid.
22. For the above reasons it is declared that the license fee is in effect a regulatory fee charged to meet and defray the administrative costs of maintaining regulation in the area and is neither a fee (or user fee) which requires services to be rendered in return or a tax to raise revenue for the State. Therefore, the charge of license fee is constitutional and lawful.”
(mm) “Finance Commission” means the Punjab Local Government Finance Commission constituted under this Act;
(nn) “financial year” means the year commencing on the first day of July and ending on the thirtieth day of June;
(oo) “Government”means Government of the Punjab;
(pp) “government agency” means a department, office, authority, body, company, or institution of the Government or the Federal Government;
(qq) “Head’s Cabinet” means the Cabinet of the Head of a local government constituted under this Act;
(rr) “Head of local government” means:
(i) “Lord Mayor of Metropolitan Corporation Lahore;
(ii) City Mayor of a Metropolitan Corporation other than Lahore;
(iii) District Mayor of a District Council; and
(iv) Chairperson of a Union Council;
(ss) “High Court” means the Lahore High Court, Lahore;
(tt) House” means the elected Council of a local government;
(uu) “joint authority” means a joint authority established under this Act;
(vv) “land use” means the human use of land, to represent the economic and cultural activities e.g., agricultural, commercial, residential, industrial, mining, and recreational use that are practiced at a given place;
(ww) “land use control” means exercise of power to restrict private and public use of land and natural resources, to conform to master planning;
(xx) “land use plan” means a plan drawn up and approved by a local government or any government agency competent to draw up and approve which provides the actual land use and proposed land use for permitted, permissible and prohibited development activities, both in the planned areas and non-planned areas, within the local area of a local government;
Comments
The terms “land use”, “land use control” and “land use plan” are interlinked and complement of each other. A local government is bound to classify its local area into various classifications of land use such as residential, agricultural, commercial and industrial, etc. in the manner prescribed in the Punjab Land Use Plan (Classification, Re-Classification and Redevelopment) Rules, 2020 are in force. The local government exercises control over land use by regulating development of land by the public or private sector in accordance with the permitted, permissible and prohibited land use of the particular classification under the Rules ibid. For the purpose of regulation of land use, the local government is bound to prepare its land use plan including land use classification, site development zones and roads or segments of road declared for commercial use and those which are restricted.
(yy) “local area” means the area comprising territorial jurisdiction of a local government demarcated or delimited under this Act;
Comments
Section 7 of the Act saves the urban and rural areas demarcated and notified under the Punjab Local Government Act, 2019 for constitution of local areas of the Metropolitan Corporations and District Councils. On the other hand, the local areas of the Union Council shall be as delimited by the Election Commission of Pakistan under section 11 of the Act.
(zz) “local government” means a Metropolitan Corporation, a District Council, and a Union Council;
Comments
Unlike the Punjab Local Government Ordinance, 1979, the Punjab Local Government Ordinance, 2001, the Punjab Local Government Act, 2013, the Punjab Local Government Act, 2019, this Act does not introduce a local government system having multiple tiered dependent local governments. Instead, it contains a single tiered independent local government system having only two higher level local governments for urban and rural areas i.e. Metropolitan and District Council. The lower level local government is a Union Council which though falls within the respective local area of the Metropolitan Corporation as well as District Council but due to direct election method, it is not a dependent local government of the said higher level local governments.
(aaa) “master plan” means a dynamic long term planning and policy document that provides a conceptual lay out to guide future growth and development and includes analysis and evaluation of standards, proposals for population, economy, housing, transportation, community facilities and land use;
Comments
Master plan is a comprehensive document which contains instructions and guidelines for the local governments to perform one their important function pertaining to regulation of land use and building control. Moreover, local governments are bound to prepare and approve their land use plan as per the approved master plan of the area.
(bbb) “municipal unit” means a sub-office of a local government administration established for performance of its functions in an urban area;
Comments
Under subsection (2) of section 13 of the Act, the Secretary with the approval of the Minister, may establish one or more municipal units in a local government for the performance of its functions. Unlike the constitution of Metropolitan Corporation, Municipal Corporation and Municipal Committee for urban areas and District Councils for rural areas in the district under the Punjab Local Government Act, 2013, there are only Metropolitan Corporations and District Councils as higher tiers of local governments in the district. Moreover, Metropolitan Corporation is only composed of the larger urban area in the district, while the other urban areas which are relatively smaller in size shall become the part of a District Council. Hence, in order to ensure provision of municipal services of urban nature in those areas merged into the District Council and retain their urban characteristics, urban units may be established for performance of functions in the urban areas.
(ccc) “operating officer”means the operating officer of a joint authority appointed under this Act;
(ddd) “Panchayat” means a panchayat constituted under this Act;
(eee) “peasant” means a person who is a landless farm worker, or one who during the period of five years preceding the year in which election is held, has been the owner of not more than five acers of land and depends directly on it for subsistence living;
Comments
“peasant” means a person who is a landless farm worker, or one who during the period of five years preceding the year in which election is held, has been the owner of not more than five acres of land and depends directly on it for subsistence living;
Peasant is a Councillor against reserved seat. For urban local governments, the term “worker” as an alternate has been used in the Act, whereas for rural local government, there is a “peasant”. The seat of peasant is available not in the Union Council but also in the Metropolitan Corporation and District Council. One of the conditions for being eligible candidate to contest against the reserved seat of the peasant, a person shall either be a landless farm worker or not be owner of not more than five acres of land during the five years following the year when the election to the local governments was previously held. A peasant is different from the farmer to the extent that the land owned by the former shall not be more than 5 acres, whereas the latter shall own a land more than 5 acres. Moreover, the seat of farmer against reserved quota only exists in the Metropolitan Corporation and District Council, whereas the seat of peasant against reserved quota only exists in the Union Council.
(fff) “Political Party” means a Political Party within the meanings of the Elections Act;
(ggg) “prescribed” means prescribed by rules made under this Act;
(hhh) “prescribed service” means the Punjab Local Government Service, Provincial Management Service, or Pakistan Administrative Service, whether called by this or any other title;
Comments
The officers of the prescribed services are also entitled to be appointed against the posts under section 185 of the Act read with the Punjab Local Government Service (Appointment and Conditions of Service) Rules, 2018.
(iii) “Province” means Province of the Punjab;
(jjj) “provincial allocable amount” means sums allocated out of the Provincial Consolidated Fund under this Act as a share for transfer to a local government under this Act.
(kkk) “Provincial Consolidated Fund” means the Provincial Consolidated Fund within the meanings of Article 118 of the Constitution;
(lll) “public service” means a service provided by a local government in relation to its functions for the residents;
Comments
The functions to be performed by the local governments under the Act are enumerated in sections its 21 and 22 and they are called as public / municipal services. Access to public / municipal services is a fundamental right of the resident of a local area of a local government. The Hon’ble Lahore High Court in the judgment reported as 1998 MLD 387 in the case titled “City Council for Accountability and Welfare and 2 others v. Central Government through Secretary Interior Ministry, Islamabad and 5 others”, while discussing the relevant provisions in the Punjab Local Government Ordinance, 1979 vide paragraph 9 observed as under:
From the aforesaid provisions of Chapter VIII of the Act it is clear that the Municipal Corporation, Rahimyar Khan is under legal obligation to provide and maintain proper sewerage and drainage system, to erect and maintain roads and public streets in good condition, to provide dustbins and receptacles for temporary dumping of refuse and garbage and to make arrangements for its removal out of the residential areas, to provide hygienically clean drinking water to the people and also to provide healthy environments in the city. If the Local Council, in the present case the respondent Corporation, fails in its duty to perform compulsory functions as enumerated in Chapter VIII of the Act, all the officers linked with the management, control and administration of the Local Council can be held responsible for any untoward event or accident resulting from such negligence or failure to provide such necessary civic amenities or if proper measures are not adopted to prevent infectious diseases and if consequently danger to life be caused to the residents of the area, it would be in violation of their fundamental rights as contained in Article 9 of the Constitution of the Islamic Republic of Pakistan, 1973 which guarantees protection of life and liberty and declares as under:– “Security of person. No person shall be deprived of life or liberty saved in accordance with law.”
(mmm) “recognized institution” means an educational institution recognized by the Higher Education Commission established under the Higher Education Commission Ordinance, 2002 (LIII of 2002) or any other similar agency mandated for this purpose under any other relevant law;
(nnn) “rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land or use of any machinery, equipment or vehicle;
(ooo) “reserved seat”means a seat reserved for religious minorities, women, peasants or workers, youth, disabled persons and traders or farmers;
(ppp) “resident” means a person who ordinarily resides in the local area of a local government, and where relevant as regards the functions of a joint authority, includes persons from outside that area who regularly use facilities or services provided by that joint authority;
Comments
Definition of the term “resident” was for the first time inserted in the Punjab Local Government Act, 2019 followed by this Act. As per section 16 of the Act, the local government is under statutory obligation to exercise its authority and incur expenditures in the best interest of the residents and also involve them in running its affairs and from time to time consult them on the level, quality, range and impact of services; and give them equitable access to services. The Act at numerous places provides rights and responsibilities of the residents.
(qqq) “rules” means the rules made under this Act;
(rrr) “Rural Union Council” means a Union Council delimited and constituted in the local area demarcated as rural area under the Punjab Local Government Act, 2019 (XIII of 2019);
(sss) “Schedule”means a Schedule appended to this Act;
(ttt) “Secretary” means the Secretary as defined in the Punjab Government Rules of Business, 2011, and where no suffix is mentioned therewith, it shall mean the Secretary in charge of the Local Government and Community Development Department of the Government;
(uuu) “Secretary Union Council” means an official in-charge of the administration of a Union Council;
(vvv) “servant”means an employee of a local government;
(www) “Speaker” means the Speaker of the Council, and in relation to the holding of a meeting of the Council in the absence of the Speaker, a Councillor chosen by the Council to preside over the meeting of such session; and in case of Union Council, it means the Vice Chairperson;
(xxx) “standing instructions” means the standing instructions issued under this Act;
(yyy) “tehsil” means an area notified under the Punjab Land Revenue Act, 1967 (XVII of 1967);
(zzz) “trader” means a person who during the period of five years preceding the year in which election is held, has been engaged in the business of buying and selling of goods, commodities or services and primarily depends upon it to earn his livelihood;
Comments
Unlike the previous laws on local governments, this Act provides a special representation to a trader to be a candidate to the seat of Councillor against the reserved seat allocated to a Metropolitan Corporation.
(aaaa) “Union Council” means an urban Union Council or a rural Union Council delimited and constituted under this Act;
(bbbb) “urban area” means an area demarcated and notified as urban under the Punjab Local Government Act, 2019 (XIII of 2019);
(cccc) “Urban Union Council” means a Union Council delimited and constituted in the local area demarcated as urban area under the Punjab Local Government Act, 2019 (XIII of 2019);
(dddd) “worker” means a person who primarily depends upon personal labour for subsistence, or a worker as defined in the “Punjab Industrial Relations Act 2010 (XIX of 2010), and in both cases, has maintained such status for last five years preceding the year in which election is held; and
Comments
A person may be eligible to be a candidate to contest the election against reserved quota seat of a Union Council and Metropolitan Corporation, if besides being disqualified and not disqualified under section 61 of the Act, he also falls within the definition of worker provided in the Punjab Industrial Relations Act, 2010 and retains this status for last five years following the year in which election is held. In the matter of judgment of the Hon’ble High Court reported as 2009 YLR 2270 Lahore titled “Shahnawaz Ranjha vs. Returning Officer”, the petitioner contended that according to the definition of “peasant” and “worker” in the Punjab Local Government Ordinance, 2001, respondent was neither the peasant nor worker. Record showed that respondent owned about 102 acres of agricultural land and was working is sugar mills on administrative side. The respondent also took loans against his agricultural land from there banks and his father was also a sitting Revenue Minister. Respondent was disqualified to contest election against a seat reserved for workers. The Hon’ble Court declared election of respondent as member of Zila Council as unlawful and of no legal effect.
In another judgment of the Hon’ble Lahore High Court reported as 2008 SCMR 488 in the matter of case titled “Malik Muhammad Hussain vs. District Returning Officer”, nomination filed by the petitioner against the seat of Worker Councillor was assailed by the respondent and the Returning Officer rejected the nomination papers of the petitioner. The Hon’ble Court noted that there was no denial of the fact that the petitioner was owner of land measuring 250 Kanal. He did not produce any evidence showing that he undertook a manual work to earn livelihood and himself relied upon a certificate issued by the Brick Company indicating he was working as supervisor. It was admitted that as far as supervisor is concerned, he was not to be treated as worker for the purpose of Punjab Industrial Relations Act, 2002.
In the case titled “Nadeem Sarwar vs. District Returning Officer, Faisalabad”, the petitioner being candidate of reserved seat of “worker” filed nomination papers which were rejected by the Returning Officer without there being any objection on the ground that he did no produce any proof of being a worker and his appeal against the order of the Returning Officer was also dismissed by the District Returning Officer. The petitioner produced certificate of his employer showing that he was working in his establishment for the subsistence where he was undertaking physical labour. The petitioner also produced affidavit alongwith his nomination papers are per requirement of the Rules. In view thereof, the Hon’ble Court in the judgment reported as 2006 CLC 104 Lahoreheld that both the Returning Officer and District Returning Officer incorrectly rejected the nomination papers of the petitioner. In the judgment of the Hon’ble Lahore High Court reported as 2006 YLR 1262 Lahore in the case titled “Nadeem Rehan vs. Returning Officer, Union Council No.60, Sheikhupura”, it was observed that a employed as a Labour Supervisor in the Administration Department of the said Indus Sugar Mills Limited stands ousted from the definition of a worker or a workman. In the judgment reported as 2006 YLR 643 Lahore in the case titled “Sardar Ghulam Abbas Khan Vs. District Returning Officer, Layyah”, the Hon’ble Lahore High Court vide interpreting the definition of “worker” provided in clause (xli) of section 2 of the Punjab Local Government Ordinance, 2001, held that according to the language of this provision the ingredients are proof of direct engagement in a work and dependence of the worker for his subsistence living on the income he earns from that work. There is no prohibition that if such person owns a property (no mention of size of property), he would be excluded from the definition.
(eeee) “youth” means a person who is not less than eighteen years of age and not more than thirty two years of age on the last date fixed for filing of nomination papers.
(2) The words, terms or expressions used but not defined in this Act shall have the same meaning as assigned in the Constitution or other applicable laws in force.
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| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 2 | 2 | 2 | 2 | 2 |
