Chapter – VII) Functions of Local Governments #
21. Functions and powers of Metropolitan Corporation and District Council.–(1) A Metropolitan Corporation and a District Council shall:
(a) implement the provisions of this Act, rules and bye-laws;
(b) exercise control over land-use including land-subdivision, land development and zoning by public and private sectors for any purpose, including for agriculture, housing, industry, commerce markets, shopping and other employment centers, residential, recreation, parks, entertainment etc., as per the approved Master Plan;
(c) subject to any other special law relating to preparation and approval of Regional, Master and land use plan for the time being in force; approve spatial plans, zoning, land use plans, including classification and reclassification of land, as per the approved Master Plan;
(d) enforce building control as may be prescribed;
(e) undertake urban design and urban renewal programmes;
(f) approve development schemes for beautification of urban areas;
(g) prepare, approve, execute and manage development plans;
(h) regulate development and management of site development and housing schemes;
(i) manage properties, assets and funds vested in the local government;
(j) lease and rent out properties owned or otherwise vested in, managed or maintained by the local governments;
(k) undertake landscape, parks, monuments and municipal ornamentation;
(l) prepare and approve budget, revised budget and annual and long term municipal development programmes;
(m) approve taxes and fees etc.;
(n) collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties;
(o) prepare and approve proposals for construction of express ways, fly-overs, bridges, roads, under passes owned by or vested in local governments;
(p) regulate affixing of sign-boards and advertisements except where this function is being performed by the Park and Horticulture Authority;
(q) naming and renaming of roads, streets and public places vested in, managed or maintained by the local governments;
(r) develop integrated system of water reservoirs, water sources, water supply and treatment plants, drainage including storm water drainage, liquid and solid waste collection, disposal and treatment including landfill site and recycling plants, sanitation and other municipal services;
(s) provide, develop, manage, operate, maintain and improve the municipal infrastructure and services, including –
roads and streets;
traffic planning, engineering and management including traffic signaling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals;
street lighting; and
playgrounds, open spaces, graveyards and arboriculture.
(t) maintain municipal records and archives;
(u) maintain a comprehensive data base and information system and provide public access to it on nominal charges;
(v) regulate and organize sports, cultural, traditional and recreational events, fairs and shows;
(w) undertake adaptive reuse strategies to restore, preserve and undertake heritage and historical assets through agency arrangement, in the local area;
(x) establish and manage municipal libraries;
(y) promote school sports and traditional local sports;
(z) ensure environmental protection;
(aa) encourage tree afforestation and plantation at local level;
(bb) provide assistance through grants to registered and credible Government and Non-Government Organizations for provision of public service;
(cc) regulate and establish street markets in the manner prescribed;
(dd) undertake steps to implement population control policy of Government;
(ee) regulate private markets and establish and maintain public markets;
(ff) regulate, establish and maintain cattle and other animal markets and slaughter houses;
(gg) regulate sale of cattle;
(hh) enforce all municipal laws, rules and bye-laws governing its functioning:
(ii) 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;
(jj) sue, prosecute and defend court cases;
(kk) assist relevant authorities in disaster management and relief activities;
(ll) provide relief for the widows, orphans, poor, trans genders and other persons in distress, and children and persons with disabilities;
(mm) make arrangements for enhancement ofthe care of disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug addicts, victims of child abuse, needy and disadvantaged persons; and
(nn) exercise administrative, operational and management control of the devolved district level offices of the Government departments as may be notified by the Government.
(2) A Metropolitan Corporation and a District Council may:
(a) entrust any of its functions to a person, any public-private, public or private organization, authority, agency or company through a contractual arrangement, on such terms and conditions as may be prescribed:
provided that responsibility for discharge of such functions shall continue to vest with such local government;
(b) on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Council falling within its local area:
provided that no function or responsibility shall be transferred without allocation of corresponding resources and funds:
provided further that the responsibility to regulate and monitor such functions and services shall remain with the transferring local government;
(c) perform such other functions as may be assigned or entrusted to it by the Government;
(d) by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the Government;
(e) with funds raised through voluntary contributions or external grant, undertake any development project;
(f) with the approval of the Government and concerned regulatory authorities of the Federal Government and the Government, set-up, acquire, manage and operate any commercial activity on a self-financing basis; and
(g) setup a corporate body to perform any of its functions, singly or jointly with other public or private bodies:
provided that responsibility for discharge of such functions shall continue to vest with the local government.
(3) The Metropolitan Corporation and a District Council may also:
(a) review public service delivery of departments including Police and Revenue Administration; and
(b) seek written response and clarification from district Head of such departments on queries of the local government regarding their performance, functions and operations:
provided that in case of unsatisfactory response, Head of a local government may send a reference to the Chief Minister for resolution of the matter.
| 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. |
| 76,77,87 | 21 | 21 | 30-32 | 21 |
Comments
This section enumerates the list of functions to be performed and powers to be exercised by a local government. Needless to say, all the above functions and powers actually originate from the provincial Government but devolved to the local governments under Article 140A of the Constitution of Pakistan. The aim of such devolution is to redder the local governments administratively and financial autonomous enabling them to perform their assigned functions and exercise vested powers in their respective local areas within the mandate of the Act. In this context, certain public services previously under the Provincial Government’s local administration have been transferred to the local governments, substantially increasing their scope and responsibilities. Likewise, fiscal powers of the Provincial Government in order to generate revenue through levying of different categories tax/fees have been transferred to local governments enabling them to meet expenditures in performance of the administrative functions. The scope of functions assigned and powers conferred under this Section is reviewed category-wise below for better understanding:
Implementation of the provisions of this Act, rules and bye-laws
It is mandatory upon the local governments to perform assigned functions and exercise vested powers in accordance with the provision of the Act and the rules made thereunder. It is important to state that the rule-making power vests with the Provincial Government under various provisions of the Act on specific matters, whereas section 202 confers generic power to make rules for the purpose of Act. Section 203 of the Act requires the local governments to make bye-laws to regulate their business. It is significant to note that the Act being a “Parent Statute” is a creation of the Provincial Assembly being higher level of legislature, whereas the Rules also called as “Subordinate Legislature” are made by the Government i.e. Provincial Cabinet in exercise of power delegated by the Provincial Assembly through the Act. The Bye-laws are the next level of Subordinate legislation after the Rules and they are subservient to the Act and the Rules. Hence, any bye-law contrary to the Act and the Rules is treated as ultra vires. Similarly, any rule inconsistent with the Act has no legal application. Since the local governments are bound to implement the provisions of the Act while in performance of their functions and exercise of powers, they are under legal obligation to function within the framework of the Province and adhere to all applicable federal and provincial laws. The Act commands the local government to perform certain devolved function originally belonging to the Government and primary legislation to regulate performance of such functions already existed. On the other hand, despite devolution of the said functions it is practically not possible to provide exhaustive provisions under the Act to deal with the manner of their performance, therefore, relevant Provincial laws have been made applicable for strict adherence. It is a recognized principle of law that the rule made in pursuance of delegated authority must be consistent with the statute, under which they came to be made. The authority is given to the end that the provisions of the statute may be better carried into effect, and not with the view of neutralizing or contradicting those provisions (Rajam Chetti v. Seshayya ILR 18 Mad. 236, 245; Raghanallu Naidu v. Corporation of Madras AIR 1930 Mad.648). Rules made under the rule making power given by an Act should not be repugnant to the Act and in case of conflict between the Act and the rules, the Act should prevail (Central Karantaka Motor services Ltd v. State of Mysore AIR Mys 7; see PLD 1967 Kar. 618). Rules cannot go beyond the scope of the Act nor can they by themselves enlarge the scope of statutory provisions and the Rule making authority also cannot clothe itself which statute itself does not provide (PLD 1964 SC 451). Rules have to conform to and be subordinate to statute and cannot overreach or override the statute (1982 SCMR 522; 1997 MLD 2155(b); 1986 CLC 2892; 1985 SCMR 365; PLD 1957 Lah.228). Therefore, statutory rules cannot take away or abridge a power conferred by the relevant statute and they cannot abolish the Act permitted (1985 SCMR 386).
Statutory rules and byelaws differ in this respect. Byelaws are framed by corporation for carrying out their purposes. Though a byelaw must not be repugnant to the statute or the general law, byelaws and rules made under a rule-making power conferred by a statute do not stand at the same footing as rules are part and parcel of the statute. Parliament or Government instead of incorporating them into statute itself ordinarily authorizes Government to carry out details laid down by the Legislatures by framing rules under the statute and once the rules are framed, they are incorporated in the statute itself, and become part of the statute.
In a judgment reported as PLD 2018 Lahore 858 in a case titled “Munawar Javed Khudai and another v. Election Tribunal Multan and others”, the Hon’ble Lahore High Court observed that:
13. It is by now settled law that the rules and regulations are the progeny or offspring of a statute and were to be strictly interpreted in conformity with the provisions of the statute whereunder same were framed. Rules framed under a statute were to remain within the precincts of the statute itself and could not transgress the limits and parameters of the parent statute itself. All efforts were to be made to interpret the rules so as to bring them in conformity and without injuring the intent and spirit of the statute, however where it was not possible then the rules in as much as they injured the very intent and spirit of the statute must yield to the statute. Reliance is placed on National Electric Power Regulatory Authority v. Faisalabad Electric Supply Company Limited (2016 SCMR 550).
14. It is also settled law that the operation of a statute or any statutory provision is not dependent upon framing of the Rules. However, in some cases, the absence of Rules may affect the enforceability or operatability of the statute. The framing of Rules would be generally relevant for determining as to whether the power under the statute has been exercised properly or not, but the existence of Rules could neither save nor destroy the constitutional validity of the Statute.”
Exercise control over land-use
This section assigns two kinds of functions to the local governments:
- Building control i.e. sanctioning of building plans for erection and re-erection of building.
- Regulation of land use for the purpose of erection of a building or some other activity. The power to regulate land use includes classification, re-classification and re-development of land use.
Approval of spatial plans, zoning, land use plans, including classification and reclassification of land
In so far exercising control over local use, etc. is concerned, the Government has notified the Punjab Land Use Plan (Classification, Re-Classification and Re-Development) Rules, 2020 and the local governments are bound to make their land use plans accordingly in view of the approved master plan.
Enforce building control as may be prescribed
For the above purpose, a limited procedure for approval of building plan and regulation of building has been provided in paragraphs 19 to 34 of Seventh Schedule of the Act. In view of the said provisions of the law, the Government is also vested with the power to make rules for enforcement of building control. The Hon’ble Lahore High Court in the judgment reported as “2007 CLC 1345 Naseer Ahmad Summa and another v. Town Nazim, Gulberg, Lahore and 2 others”, while interpreting corresponding provisions contained in section 54-A of the Punjab Local Government Ordinance, 2001, held as under:
“8. The Punjab Local Government Ordinance, 2001 applies to the whole of the Punjab except for areas notified, as Cantonments under the Cantonments Act, 1924. It is not the case of either of the parties that the Market in question is situated in any Cantonment. In fact it is an admitted fact between the parties that the Market in question is situated within the territorial jurisdiction of the respondent Town Municipal Administration. Section 54-A of the Punjab Local Government Ordinance, 2001 in unequivocal terms sets out the functions and powers of the T.M.A. to include control over land use land development by public and private sectors for any purpose including Markets. The 6th Schedule of the Punjab Local Government Ordinance, 2001 read with section 195 thereof enumerates the general powers of the respondentT.M.A. and para.24 thereof clearly states that no person shall erect or re-erect a building except with the previous sanction of the Local Government. Thus, it is clear and obvious that as a general rule no building can be erected or re-erected without the previous sanction of the Town Municipal Administration within the area of its jurisdiction. No exception has been created between the public and private sectors nor has a Market Committee been excluded from the operations of the aforementioned provisions of law.”
Development plans
This provision enables a local government to undertake development schemes for effective delivery of municipal services. These schemes may include development of water supply, sewerage, drainage infrastructure, construction of roads, streets, etc. In order to achieve the purpose of this provision, Head of a local government is bound to prepare a local development plan envisioning next four year development as well as aligned draft annual development plan for construction of other works and activities to be carried out during that financial year and to contribute towards the objectives of the local development plan under section 166 of the Act. A local government may either execute development schemes itself or through any other local government, contractor or any agency of the Government in terms of section 28 of the Act. For the purpose of execution of development scheme or any construction work through a contractor, the local government is bound to proceed in accordance with the provisions of the Punjab Public Procurement Act, 2009, the Punjab Public Procurement Rules, 2014 and the Punjab Local Governments (Work) Rules, 2017. The Punjab Local Governments (Works) Rules, 2017 were made under section 144 of the repealed Punjab Local Government Act, 2013 and now saved under section 204 of the Act.
The development plans are prepared and approved in accordance with the development budget reflected in the annual budget and supplementary budget of a local government. The Government has notified the Punjab Local Government (Budget) Rules, 2017 for the above purpose.
Regulation of housing schemes
The local governments also act as regulator of the development of site development and housing schemes within their local areas in accordance with the Punjab Private Housing Schemes Rules, 2022 and the Punjab Land Use Plan (Classification, Re-Classification and Re-Development) Rules, 2020. Development authorities in the Punjab established under the Lahore Development Authority Act, 1975 and Development of Cities Act, 1976 and the Punjab Housing and Town Planning Ordinance, 2002 are also performing the parallel function of regulating the approval and development of private housing schemes within their controlled areas notified under the respective laws. The august Supreme Court of Pakistan in paragraph 94(iv) of the judgment reported as 2015 SCMR 1739 has not endorsed this practice of overlapping functions in the following terms:
“(iv) In the present case, the powers in relation to master plan and spatial planning historically belonging to Lahore Metropolitan Corporation have been superimposed with similar functions vesting in LDA under Provincial law. To the extent of conflict in the exercise of their respective powers and functions by the two bodies or on account of legal provisions having overriding effect, Article 140A of the Constitution confers primacy upon the authority vesting in an elected Local Government over the powers conferred by law on the Provincial Government or an agency thereof. Notwithstanding the above, the Provincial Government is in any case under a duty to establish harmonious working relationship with an elected Local Government wherein respect is accorded to the views and decisions of the latter. Accordingly, section 46 of the Lahore Development Authority Act, 1975, purporting to override conflicting action taken by an elected Local Government, is held to be against the scheme of the Constitution and should either be read down or declared ultra vires as determined in the detailed judgment.”
In order to deal with the issue of overlapping functions of land use control and regulation of private housing schemes, provisions of section 23 have been inserted in the Act. According to sub-section (5) of section 23, the Development Authority intending to perform any function parallel to the one assigned to a local government, shall perform such functions after consultation and with the consent of the concerned local government on such terms and conditions as may be determined by the concerned local government.
The Hon’ble Lahore High Court in the judgment reported as 2013 CLC 333 in a case titled “T.M.A., Samundri through Administrator and 3 others v. Abdul Ghafoor” endorses the authority of a local government to regulate approval and development of a private housing scheme in the following terms”
“6. I am constrained to observe here that in such like case, public interest is one of the material and relevant consideration in either exercising or refusing to grant interim injunction. It would be a gross violation of law and grave injustice to the public at large if a developer is allowed by way of interim injunction to develop a housing scheme without wide roads, a park, graveyard, school, mosque and other allied facilities. Pakistan is a welfare State governed by the Constitution which holds a place of pride in the heart of its citizens. It seeks to improve the economic and social status of the citizens on the basis of Constitutional guarantees spelled out in its provisions. We live in an age which recognizes that every person is entitled to a quality of life consistent with his human personality. The right to live with human dignity is the fundamental right of every citizen under Article 9 of the Constitution Islamic Republic of Pakistan, 1973. And, so in the discharge of its responsibilities to the people, the State has to ensure development of housing schemes in accordance with law and human dignity. Tendency of unauthorized construction and unauthorized encroachment is increasing day by day and such activities are required to be dealt with firm hands. In recent times the courts have come across several cases where unscrupulous builders and developers have misused and abused process of Court. The usual modus operandi adopted by such persons is to obtain interim injunctions/orders which inevitably remain in force for a long time and even during the said period further unauthorized construction is raised by misusing the interim orders granted by the Court. An injunction, therefore, cannot be granted in favour of a person if he is proceeding to act contrary to law or is trying to make certain constructions which are not permissible or which have not been permitted or which are contrary to granted sanction. In the instant case the respondent has failed to bring on record any document or evidence showing his work/construction legal and in accordance with law. The respondent is also unable to rebut the violations stated in the letter dated 8-2-2011 issued by the Town Officer. The Tehsil Municipal Authority which is an authority constituted under the law to regulate construction and development of housing schemes can certainly maintain the present petition against a tort feasor and a wrongdoer and pray for recalling of injunctive orders passed by the Courts below on misconception of facts as in these circumstances, the respondent was not entitled to seek the equitable jurisdiction of the court for obtaining an interim injunction which tantamounted to legitimizing his illegal activities.”
In another judgment reported as PLD 2021 Lahore 720 in a case titled “Mubashir Ahmad Ilmas v. Province of Punjab through Chief Secretary and 8 others”, the Hon’ble Court discussed the importance of plot in the name of owner in a housing scheme and necessity of provision of civic amenities in housing scheme and passed certain directions in the in the following terms:
“10. In our society ordinarily, we come across the complaints levelled against the administration of housing societies that the plots given to the purchaser after making full payment are different (locality wise) from what were shown to them at the time of agreement. This often happens when the agreement (pre-requisite regarding sale/ purchase/transfer of property) is not registered with the SubRegistrar rather different other modes which do not require registration such as transfer letter, allotment letter, agreement to sell and other similar documents, are used. This is somewhat a typical attempt at the part of developers of private housing societies to save stamp duty, registration fee and capital value tax (CVT), etc. By doing so the developers not only cause financial loss to the Government exchequer but they also keep the allotees in dark as they never feel secured in terms of their ownership with reference to authentic official record. While dealing this aspect august Supreme Court of Pakistan in a celebrated judgment reported as Messer Pak Gulf Construction Company (Pvt.) Ltd. Islamabad v. Federation of Pakistan through Secretary Finance, Ministry of Finance, Islamabad and others (2020 PTD 336) had observed as under: –
“However, during recent years with the development of co-operative housing societies and statutory authorities engaged in the business of development and sale of real estate, a methodology of transferring immovable property has evolved, whereby properties are transferred privately without involving the Registrar of Documents. Such private transfers are designed to avoid transactional costs, taxes and duties which in turn lead to higher turnover of such properties for investment purposes. Such societies, statutory authorities and even limited liability companies (such as the petitioner) adopt various modes of undertaking such transfers including issuance of transfer letters allotment letters, agreements to sell and other similar documents which do not require registration. Although such mode of transfer is not a legally recognized ode of transfer of immovable property, a practice has evolved over the past few decades whereby such properties change hands on the basis of allotment letters, agreements to sell, transfer letters etc. This method has obvious financial benefits by way of saving Stamp Duty, Registration Fee and CVT. The sum combined effect such savings comes to substantial amounts of money in addition to being convenient and less hasslesome.”
Hence, in view of pronouncement of the Hon’ble Supreme Court referred to above it is directed that the developer of any housing society/colony/co-operative society while entering into agreement with the purchaser shall adopt all pre-requisites necessary for transfer of immovable property. In this regard complete abuttals of the plot should be made part of such agreement in order to rule out any possibility of deception. Such agreement must be registered in the relevant record of the concerned department. It is, however, made clear that LDA or any other alike authority itself competent to register, while launching housing schemes shall be exempted from such practice.
13. Even otherwise, provision of basic civic amenities is mandatory requirement and in a way is the sole purpose for which a housing society must have been established. People are not supposed to pay heavy prices only for a chunk of land but the prices are certainly paid for a piece of land situated in a secure perimeter wherein basic amenities which are necessary for enjoying a peaceful life as provided and guaranteed under Article 9 of the Constitution, are essentially provided. This aspect was deliberated in a recent judgment of august Supreme Court of Pakistan handed down in the case of D.G. Khan Cement Company Ltd. v. Government of Punjab through Chief Secretary, Lahore and others reported as 2021 SCMR 834. Similar view was held in a salutary judgment of the apex Court reported as PLD 1994 Supreme Court 693 titled “Ms. Shehla Zia and others v. WAPDA”.
14. In sequel to what has been discussed above this Court is persuaded to issue a Writ of Mandamus with the following directions:-
i) Right of life includes oxygen and pollution free society. Right of life co-exists with forest and green areas. Therefore concerned authorities/legislative bodies should examine and make laws/ rules/regulations to bound the developers that while establishing private housing colonies and societies, co-operative societies and even colonies developed by the DHA, along with the roadside there must be green belts separate to foot-paths and on these green belts trees of indigenous species must be planted to protect the environment and also to attract the birds.
ii) Although considering the area of the colonies/societies there is requirement in laws to maintain green belts and parks but considering the increasing pollution in Lahore particularly and in all other big cities of the province generally, it is necessary that within the cities, housing colonies which are yet to be approved in future at least 1% of total area (excluding already fixed for green belts and parks) be fixed for mini-forests and in this respect authorities shall proceed further to introduce new legislation or bring amendments in the existing rules/regulations of LDA or other relevant bodies.
- During the hearing of this case a list was provided by the Commissioner and other authorities showing the area of Forest Department near the Lahore City available for the development of forest and as per stance of the officials, government is trying to develop forests, but this exercise may take years to do the needful. In this respect the concerned officers of administrative bodies, Director General, LDA or officers of Local Government Department and Forest Department shall ensure completion of these projects as early as possible by joining hands with the people of locality and they can also establish public-private partnership and in these forests walking tracks for the citizens and picnic places may also be established and for this purpose again private-public partnership can be engaged and even the respectable citizens known for their charity also be involved to come forward to secure the environment of the cities. In these respect big organizations of businessmen like APTMA, Chamber of Commerce and Industry, Anjuman Tajran and individual businessmen may also be taken on board for this pious purpose and national cause.
iii) To preserve the agricultural land the authorities must initiate a campaign on media including the social media to attract the people for high-rise buildings to avoid extra use of agricultural land for the purpose of residences/colonies or commercial plazas and necessary legislation be carried out and reasonable area be fixed for every housing society, where developers shall construct high-rise buildings/flats and provide all civic facilities in those buildings surrounded by beautiful green environment. The Court has no data in this respect, however, it is suggested that in future at least 30% area of every housing society/colony be fixed for high-rise buildings for the purpose of residence, alone.
(iv) In the wake of establishing housing societies, we are in fact erecting concrete stoned buildings thereby ignoring greenery whereas on the other hand already existing green sites are being ruined rapidly. We are straightway losing sight of the fact that in this way the damage being caused to the atmosphere is ultimately bound to affect the humanity. To cater with this situation it is directed that where government deems it necessary proper plants must be installed on road-sides ensuring that plantation be made according to the status of the land keeping in view the chances of effective and rapid growth.
(v) Since by every passing day we are facing acute water shortage, therefore such plants must be chosen which may require/consume minimum water for their growth. Moreover, the plants to be selected for this purpose must be of long height belonging to indigenous species, which may attract the local birds also.
(vi) LDA, Metropolitan Corporations, Town Committees, shall locate the government land available within the cities and shall ensure the development of mini forests in thickly populated areas within the towns, cities, Metropolitan Corporations to minimize the impact of pollution.
(vii) The concerned government authorities shall endeavor to ensure availability of green belts around the ring-roads being built/future projects where trees including fruit plants shall be planted to attract the birds, which are necessary for a healthy atmosphere. Lahore Ring Authority shall also make adequate arrangements for this purpose.
(viii) During the course of proceedings, it has been highlighted, as also referred above that lot of agricultural land has been or is being converted into housing colonies/societies either with the approval of the authority or without requisite sanction. Undoubtedly general public purchases the plot for residence by spending the whole life saving. Such societies squarely lack civic amenities. However, it is also an admitted fact that these illegal housing societies have attracted hundreds and thousands of general public while it has been conceded by the respondent-authority that ousting of inmates of such illegal housing colonies at this stage is next to impossible. Hence, this Court is constrained to pass a direction to all concerned departments to ensure provision of all adequate civic facilities in such like housing societies by the persons who develop these societies/colonies, however, if the developers avoid their responsibility then all the civic facilities be provided by the concerned government authorities and the amount occurred thereupon be recovered from the persons who develop the society/colony.
(ix) During the course of proceedings in another case, the Court was apprised that master plan of Lahore City is being prepared and the same is likely to be completed by December this year. The master-plan is the basic necessity for the development of the city and for saving the agricultural land and green area and also to ensure that people will be treated alike without any discrimination it is necessary that this master-plan be prepared as early as possible and in this respect Director General Lahore Development Authority is directed to minutely observe the progress of the preparation of new master-plan. He may join a team of officers with him for this purpose. The Director General shall not be transferred before the December 2021, the date on which the master-plan is expected to be completed. The authority shall consider for consistency of policy and for taking effective measures the tenure of key posts in Lahore Development Authority like Director General, other members from private sector must be three years and necessary steps be taken for amendment in relevant laws. It will not only facilitate them to work with full interest rather because of protective tenure in office they will be able to effectively deal with mafias without any political pressure or outside influence.
(x) If the Committee devising master plan faces hindrance in performance of its obligatory functions, it may move to this Court. Moreover, monthly report shall be submitted by the Director General LDA through Additional Registrar (Judicial).
(xi) During the hearing of this case the learned Law Officer and government officials apprised the Court that an Ordinance has been promulgated by the name of ‘The Punjab Commission for Regularization of Irregular Housing Schemes Ordinance 2021’. At this stage as the issue of this Ordinance is not before this Court, hence while seeking guidance from the dictum of law laid down by august Supreme Court of Pakistan in the cases of Mian Irfan Bashir v. The Deputy Commissioner (D.C.) Lahore and others (PLD 2021 SC 571) and Jahanzaib Malik v. Balochistan Public Procurement Regulatory Authority through Chairman Board of Directors and others (2018 SCMR 414), this Court is persuaded to show judicial constraint thus I refrain from discussing the legality, formation, jurisdiction and so other factors about this Ordinance, however, prima facie it appears that the penalty provided in this case could not act as deterrence to avoid the development of illegal colonies and societies on agricultural lands or misuse of green area and other area preserved for civic facilities. It is an admitted fact that agricultural lands are available to the land developers on much cheaper rates, as compared to pari-urban/urban land. On the other hand the quantum of penalty for this illegality is too low to avoid future development of residential colonies on agricultural land. Similar is the case with regard to violation of master plan and other relevant laws, by the developers. Hence, fine/penalty must be equal to the difference of price between the agricultural land and pari-urban/urban land for the nearby agricultural land. In this regard, this observation be placed before the Chief Minister, Provincial Cabinet and also before the Provincial Assembly at the time when this Ordinance will be placed before it for legislation.
(xii) The Chief Secretary, Government of the Punjab, shall ensure that directions passed by this Court are circulated to all concerned for compliance in letter and spirit and adhered to in future without fail. A report in this regard shall be submitted before this Court within fortnight through Additional Registrar (Judicial).”
Management of properties
It is one of the functions of the local governments to manage properties, assets and funds vested in them. As provided in section 93 of the Act, the properties include all lands, buildings, etc. succeeded by the local government from the defunct local government, transferred to the local government, acquired by gift, purchased, all works, material and things appertaining thereto, which are maintained by the local government in relation to its functions, open spaces, play grounds, gardens, parks and other places of public resort transferred to the local government with the title, by gift, purchase or otherwise, all public streets, roads, bridges and other means of transportation which are transferred to the local government and the pavements, stone and other material thereof and trees growing on, and erections, materials, implements and things provided with them, all public sewers and drains except those owned and maintained under the Canal and Drainage Act, 1873 (VIII of 1873) or any other law on the subject of the Act ibid, and all sewers, culverts and other channels for sullage in or under any public street, or constructed by or for the local government in the respective local area and all works, materials and things appertaining thereto, all works for the disposal of refuse and night soil maintained by the local government, all public lamps, lamp posts and other appliances for street lighting maintained by the local government, all public streams, springs and works for supply, storage and distribution of drinking water for public purposes maintained by the local government and all buildings, machines, materials and things or land, not being privately owned land, appertaining thereto, all trees, plants and flowers on roadsides and other places maintained by the local government.
Every local government shall maintain a register of all properties along with a map of all immovable properties of which it is the proprietor or which vests in it or which it holds in trust for the Government or any other authority or person. Section 94 of the Act provides that the properties of local governments shall be used only for public purposes. The immovable properties of local governments shall not be sold or permanently alienated without prior approval of the Government, however, in case an immoveable property is transferred to a Government department, authority, or agency, the price of property not less than the amount assessed by District Price Assessment Committee shall be transferred to such local government. The properties of the local government may be given on lease through competitive bidding by public auction but such condition of competitive bidding is not required in case an immovable property is sought to be given on lease to a Government department, authority or agency, on a rent approved by the Council. A local government shall inspect, manage, maintain and whenever so required develop or improve any property which is owned by or vested in it or which is otherwise placed under its charge.
Approve and collect taxes and fees, etc.
This provision talks about the financial autonomy of the local government. When read with read with sections 99 and 100 of the Act, it enables the local government to approve and levy all or any of the taxes, fees, rates, tolls, rent and other charges given in the Fifth Schedule through a notification in the official gazette. Detailed procedure for approval of the taxes, etc. has been given in section 100 read with the Punjab Local Governments (Taxation) Rules, 2016. Part-I of the Fifth Schedule provides various kinds of taxes and fees, etc. to be levied and collected by the Metropolitan Corporation and District Council which includes:
(a) Tax on urban immovable property;
(b) Tax on the transfer of immovable property;
(c) Water use charges / fee;
(d) Drainage rate;
(e) Conservancy rate;
(f) Fee for approval of building plans, erection and re-erection of buildings;
(g) Fee for compounding of offence and violations;
(h) Fee for change of land use of a land or building as prescribed;
(i) Fee for licenses, sanctions and permits;
(j) Fee on the slaughter of animals;
(k) Fee for establishment of Private Markets;
(l) Fee for regulation of advertisement;
(m) Toll fee on roads, bridges and ferries maintained by the respective local government; (n) Parking fee;
(o) Fees on sale of cattle;
(p) Fee for specific services rendered by the office of local government or any of its authority, agency or company;
(q) Fee on installation of Base Transceiver Station/Tower; and
(r) Any other tax or fee or levy authorized by the Government.
Part-II of the Fifth Schedule provides the tax and fees, etc. to be levied and collected by the Union Council which includes:
(a) Fee for registration and certification of birth, marriage, divorce and deaths;
(b) Fee for specific services rendered;
(c) Any other tax or fee or levy authorized by the Government.
It is important to state that there is a difference between the “tax” and “fee”. The tax is a common burden and it is leviable on the particular group / class of the people without providing any specific services. On the other hand, the fee is different from the tax in the sense that it is demanded against any service provided by the local government or for regulation of some activity / business.The terms “fine” and “penalty” also have different connotation. Although both are imposed on violation of such mandatory provision of law which in case of non-compliance leads to imposition of fine or penalty or both. As envisaged in section 172 read with Eighth and Nine Schedule, fine may be imposed on commission of the specified offence by, directly or issuing of ticket, demanding some amount to be paid on commission of a specified offence. On the other hand, seizure, forfeiture, confiscation and impounding is a penalty imposed on commission of certain offences, for example, as given in paragraph 1 of Eighth Schedule, picketing or tethering of an animal in a specified street or place is an offence liable to seizure or impounding.
Regulate affixing of sign-boards and advertisements
It is one of the functions of a local government to regulate affixing of sign-board and advertisement within its local area except the area where the Parks and Horticulture Authority is operating. The Hon’ble High Court in the judgment reported as 2011 MLD 1987 in the case titled “Messrs Coca-Cola Beverages v. Cantonment Board v. Cantonment Board Chaklala, Rawalpindi and others” observed that using the shutter gates or the signboards installed by the shopkeepers on the front of their shops for displaying the name of their products or their logo, has no relation with any advertisement made through the hoarding boards, bill boards or any other mode of advertisement. The Hon’ble Lahore High Court in another judgment reported as 2013 MLD 498 in a case titled Seher Advertising through Chief Executive vs. District Coordination Officer, Sahiwal and 4 others”, observed that:
“The respondent Tehsil Municipal Administration has under subsections (d) (e) and (g) of section 54 of the Punjab Local Government Ordinance, 2001, the authority and control over land-use and enforcement of municipal laws and bye-laws and regulate affixing of sign boards and advertisements and to take measures for the conservation of environment and the beautification of its local areas. Any person or authority vested with such powers has an implied authority to regulate any trade or profession by a licensing system which is distinct from a complete prohibition. It is so provided by Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973. The expression of regulation has been interpreted by the august Supreme Court of Pakistan in Arshad Mehmood v. The Government of the Punjab cited as (PLD 2005 SC 193). While performing these functions relating to the development of the area, management and maintenance of the parks, open spaces and conservation of the environment, the equilibrium has to be kept in mind. The industrial and commercial development has to be given way without affecting the environment in a manner, the bee collects the honey without damaging the flowers. In the instant case, while allowing the installation of the signboards at the specified sites, the interest of the most important stakeholders, the public at large, for whose benefit the economic, political and social structure is supposed to be designed, has been overlooked. The billboards provide space for advertising the merchandise and services that some are ready to dispense and others are willing to buy or for propagation of something. The billboards bring the seller and the buyer closer. The advertiser looks for the advertising space at conspicuous places and on a mega screen. The same site and space is also needed for beautification, flora and openness. The big signboards obstruct the sun and air, making both these abundant blessing of nature, scarce for those, forced to live in the hind of these boards. The obstruction to air caused by these boards not only deprives the people of the affluent use of this gift of nature but also converts these boards into flying saucers lethal to human life and hazardous to the property. Recent past stands witness to it in Karachi and Sahiwal. The size of the billboards has to be reduced drastically. A pedestrian can see the advertisement even on the small boards a motorist should not see it at all on small or big screen. Hunza in Pakistan and London in U.K with exception of Piccadilly have learnt to benefit from small and slim boards. Even big boards are prone to be belittled by bigger boards. The conspicuousness is always relative. A horse is too gigantic amidst the poultry but goes unnoticed in the foreground of gigantic Himalayan Mountains. The size of boards permitted by the respondent TMA 45 x 15 is too big to be tolerated. The respondent shall ponder to cut its size drastically and unprecedently. Hunza has it 1.5 x 2.5. It will not reduce their income. The smarter the boards are, the dearer their space will sell.
7. The petitioners, as one can see from the photographs provided by the petitioners themselves had exceeded the permitted size and had thus violated the terms of licence. The respondents have rightly cancelled the NOCs granted to them which were merely the licenses and did not create any proprietary rights in their favour. I seek support from Article 18 of the Constitution of Islamic Republic of Pakistan, 1973 and the judgment “PLD 2011 Lahore 61”. Any trade business or profession may be regulated by the licencing system that the TMA Sahiwal has endeavored to do.”
It is important to state the levy of advertisement fee is not to defray the cost of particular service rendered to a particular individual on the principle of quid pro quo. Instead advertisement fee is levied to regulate affixing of sign boards and advertisements. In the judgment reported as PLD 2016 Lahore 355 in the case titled “D.S Textile Mills Limited v. Government of Pakistan”, the Hon’ble Court while defining the term “tax” also draw a distinction between the fee against specific services and a regulatory fee in the following terms:
“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 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.
21. The determination of rate or quantum of license fee is a matter of concern for the Court. Neither the Ordinance, nor the Rules lay down parameters or formula or guidelines for determination of the rate of license fee. This dimension of the case has not been challenged or argued before the Court. Rule 4 of the Punjab Local Governments (Fees for Licensing and Permits and Licensing of Professions and Vocations) Rules, 2002 provides a methodology for determining license fee, which is the same as under Local Government (Taxation) Rules, 2001. Learned Law Officer has assured the Court that the procedure under the Local Government (Taxation) Rules, 2001 has been followed before determining the quantum of license fee. I therefore, leave this question to be determined in some other case.
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. Petitioners are, therefore, liable to pay the license fee. This petition is, therefore, dismissed.”
It is important to note that Clause 2 of Punjab Local Governments Advertisement Bye-laws, 2017 grants of exemption to the shopkeepers on the non-branded board upto size of 30 square feet installed on their shops from payment of shop sign charges. The term “shop board sign” has been defined in clause has been defined in clause (aa) of bye-laws 2(1) of the Advertisement Bye-laws as follows:
“shop board sign” means outdoor advertisement installed on business premises but not limited to shops, banks, petrol pumps, restaurants, hotels, clinics, private school, colleges, franchised outlets, display centers branded by national and multifunctional companies.”
It is quite explicit that the definition of “shop board sign” that this outdoor advertisement includes banks and patrol pumps, and therefore exemption can be granted to them upto 30 square feet. Board of any size installed by any company, bank and petrol pump beyond the size of 30 square feet is liable to payment of advertisement fee as per the bye-laws, however, recently in the judgment reported as The Hon’ble Court through judgment reported as PLD 2021 Lahore 108 titled “The Bank of Khyber v. Municipal Corporation, Gujrat” held that any fee that is charged by a local government will be cognizant of the federal statute regarding banks and corporate entities to install their signboards outside their premises as per the Companies Act and the SBP policy. Local governments are authorized to levy taxes and fees provided they are duly notified in the official gazette. Banks and corporate entities are entitled to install signboards/signage without charge of fee subject to any rules or regulations on size, shape provided it does not contain any advertisement material. The Hon’ble Lahore High Court in another judgment dated 03.05.2023 passed in Writ Petition No.208309/2018 titled “Meezan Bank v. The Province of Punjab and others”, vide paragraph 7 held that the Punjab Local Government Advertisement Byelaws, 2017 do not prescribe any measurement of the signboard and as such the notification in question has no binding force. Even otherwise, the sub-delegated legislation in the shape of rules and regulations and even the parent Act which is a provincial statue cannot control the conduct of companies that are regulated by Federal Laws. In the circumstances, the respondent Local Governments have no authority under the law to levy advertisement tax on the signboards displaying the names of the Financial Institutions and other companies. By virtue of the above judgment of the Hon’ble Court, fee cannot be levied on the signboards installed by the financial institutions and corporate bodies. It may also be kept in mind that the august Supreme Court of Pakistan vide order dated 05.05.2016 in CMA No.209-K of 2014 in C.P. No.152-K of 2014 and CMA Nos.657 to 660-K of 2015 and CMA No.869-K of 2015 in CMA No.209-K of 2014 has directed that no Billboard or Hoarding can be permitted to be installed on any public property.
Water sources, water supply and treatment plants, drainage, liquid and solid waste collection, disposal and treatment including landfill site and recycling plants, sanitation and other municipal services
This provision mandatorily requires the local governments to ensure provision of municipal services relating to water supply, drainage and liquid and solid waste collection. The provision has applicability on a very broader scale as it casts responsibility on the local governments for optimal water resources management of the water supply reservoirs vested and owned by it i.e. all public streams, springs and works for supply, storage and distribution of drinking water for public purposes maintained by the local government and all buildings, machines, materials and things or land, not being privately owned land, appertaining thereto. Paragraphs 69, 70 and 71 of the Seventh Schedule deal with the matters relating to provision of water supply by the local government for public and private purposes, control, regulation and inspection of private source of water supply, management of public water courses, excavation and re-excavation of tanks and ponds and reclamation of low lying areas. It is the statutory obligation of the local government to provide wholesome water and in case of supply through pipelines charge water rate as provided in the bye-laws. No new well, water-pump or any other source of water for drinking purposes, shall be dug, constructed or provided for private purpose except with the sanction of the concerned local government. Regarding management of public water course, the provide such amenities, make such arrangements for lifesaving, execute such works, and subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof, as the byelaws may provide. It is important to note, the local governments are bound to perform the above functions in accordance with the Water Act, 2019 and Rules framed therein.
Regarding drainage including storm water drainage, provisions of paragraphs 32, 37 and 38 of the Seventh Schedule are relevant. It is one of the functions of the local government to provide an adequate system of public drains, its construction and maintenance in a manner that it shall be cleared and emptied with due regard to the health and convenience of the public. A resident of the local area of the local government may also empty his owner or occupier of any land or building may with approval of the local governments. The local government has also a role of regulator of the private drains in its local area and as such, the local government may, subject to any other law for the time being in force, by notice direct a commercial and industrial concern to provide for the disposal of its waste or effluent in the manner specified or to have at their own cost prepared a scheme for the adequate and safe drainage and disposal of their wastes and effluent of the quality permitted under the rule or the byelaws and submit it to the local government within the time specified in the notice: and failure on the part of owner, tenant or occupier thereof to comply with such directions, shall be a municipal offence. In such eventuality, the local government may itself cause such requirements to be carried out or prepare the drainage, sewerage and disposal scheme and execute and implement it at its own expense, and the cost so incurred shall, under the Act, be deemed to be a tax levied on the owners, tenants or occupiers of the industrial and commercial units concerned.
Regarding removal, collection and removal of the liquid solid waste, the local government is empowered under paragraph 58 of the Seventh Schedule to make adequate arrangement for the removal of refuse from all public roads and streets, public latrines, urinals, drains and all buildings and lands vested in the local government and for the collection and proper disposal of such refuse. It is important to state that the occupier of the other buildings and lands shall be responsible for removal of waste from their own buildings and lands under control and supervision of the local government.
uRegarding removal, collection and removal of the solid waste, the local government is under legal obligation to provide dustbins or other receptacles at suitable places and by public notice require the owner or occupier to deposit all refuse accumulating in his premise or land in such dustbin or receptacles. All refuse removed and collected by the local government and the refuse deposited in the dustbins and receptacles shall be its property. The local government while sanctioning the building plan may also direct in respect of provision of and position of drains, latrines, urinals, cesspools or other receptacles for wastes under clause (c), sub-paragraph (1) of paragraph 22 of the Seventh Schedule.
Provision, etc. of municipal infrastructure and services
As provided in paragraphs 63 and 64 of the Seventh Schedule, the local government is responsible to provide and maintain such public streets and other means of public communications as may be necessary. The Government may make rules or the local government may make bye-laws to provide for preparation and execution of a road maintenance and development programme. The local government has power to sanction lying out of any private street on terms and conditions specified by it and make bye-laws for maintenance of such streets. The local government may through a notice also require that any street not vested and owned by it may be paved, metalled, drained, channeled, approved or lighted in such manner as may be specified and in the event of default, the local government may have the necessary work done through its agency and the cost so incurred shall be deemed to be a tax levied on the person concerned under the Act. Subject to the Rules made by the Government, a street other than a public street may be converted into a public street. Regarding important of traffic planning and provision of parking places, the Hon’ble Lahore High Court in a judgment reported as PLD 2017 Lahore 370 in a case titled “Ch. Sabir Ali v. City District Government and others”, in the context of section 87 of the Punjab Local Government Act, 2013 having corresponding provisions of traffic planning and parking, observed as under:
“In terms thereof, the local government is the competent constitutional system of government to provide for the effective delivery of services, including parking and traffic planning as provided under Section 87 of the Act. Over the years urban growth and development has moved at a fast pace due to the changed occupational pattern within communities. Resultantly, urbanization and urban population growth required planning and regulation at the local level so that citizens are facilitated and enjoy quality living. Parking is an essential component of the transportation system and with a rise in the number of vehicles it is necessary to have a planned parking policy which aims to increase the capacity of public transport, reduce traffic levels especially at specified times of the day when traffic congestion is at its peak and finally encourage and develop the use of different modes of transportation. In this regard, public transport, traffic management and parking policy are interlinked and may serve the wider environment, social and economic objectives. Section 87 specifically provides that the metropolitan and municipal corporation shall make rules to regulate traffic and roads, to plan traffic and all related matters such as traffic signals, sign on the roads and parking places. Therefore, parking falls squarely within the ambit of the City District Government, Lahore.”
The local government is responsible for proper lighting of public streets and places vested in it by oil, gas, electricity, solar or such other illuminant as the local government may determine. The local government is also responsible to provide electricity itself or cause to be provided in coordination with the concerned department to its local area for both public and private purposes. This provision enables the local government to act as a power distribution company by obtaining a license in this regard from the concerned. It is also mandatory on the local government to water the public street for the comfort and convenience of the public.
The local government may under paragraph 52 of the Seventh Schedule also lay-out and maintain public gardens for the recreation and convenience of the public and such public gardens and make bye-laws for the maintenance and administration of their administration which shall also provide for framing and enforcement of a garden development plan. Under paragraph 53 of the Seventh Schedule, the local government is also responsible to provide and maintain public parks and open spaces grassed, hedged, planted and equipped with such amenities as provide in the bye-laws.
Paragraph 35 of the Seventh Schedule enables the local government to regulate burial or burning grounds within its local area. The Act retains the status of the places previously used for burial or burning grounds but stipulates that no new place shall be established without permission in writing in the form of license granted by the local government. It further shows that the local government may make bye-laws for the registration, regulation, supervision and inspection of a burial or burning place not administrated by a local government. The Government may, however, notify such burial or burning place not administered by a local government to be vested in the local government.
The Act also empowers the local government to provide, maintain and administer burial or burning places. The local government may after conduct of a local inquiry, through a notice in writing, also require the owner of the burial or burning ground to close it on account of the fact that it has become offensive, to, or dangerous to, the health of, persons living in the neighbourhood. As an alternate, the local government may provide at its own expense or, if the community concerned is willing to provide a new burial or burning ground, shall provide a grant to be made towards the cost of the same.
Regulate and organize sports, cultural, traditional and recreational events, fairs and shows
Paragraph 36 of Seventh Schedule of the Act provides that the concerned local government may make such arrangements on the occasion of any fairs, shows or public festivals within its local area as may be necessary for the public health, public safety and public convenience.
Encourage tree afforestation and plantation at local level
The local government is responsible for plantation of trees on public streets and other public places and to take all such steps necessary for their plantation under paragraph 13 of the Seventh Schedule. The local government may make bye-laws for determining the pests of the trees and plants and provide for their destruction under paragraph 14 and also prohibit the cultivation of any crop considered dangerous to public health. A local government may also cause lopping or trimming of any tree standing on land belonging to the local government and also by public notice in writing require the owner, lessee or occupier of any land to lop or trim the trees or remove any dead tree under paragraph 16.
Regulate and establish street markets in the manner prescribed
The local governments establish public markets and slaughter houses and also regulate private markets through bye-laws under paragraphs 40 to 50 of the Seventh Schedule. In case, the local government establishes and maintains public market, it shall also provide stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets or slaughter-houses. The local government may also provide and maintain in any such market buildings, places, machines, weights, scales and measures for the weighment or measurement of goods sold therein. Paragraph 50 of the Seventh Schedule enables a local government to make bye-laws consistent with the Act to regulate the matters of private market and slaughter house.
Regulate, establish and maintain cattle and other animal markets and slaughter houses; regulate sale of cattle
Presently the functions of establishing, maintaining and regulating cattle markets are being performed by the Punjab Cattle Market Management Company, a public sector company under the administration of the Local Government and Community Development Department. Paragraph 5 of Seventh Schedule of the Act provides that the concerned local government may, by byelaws, require that sale of such animals as may be specified shall be registered with the concerned local government in such manner and subject to the payment of such fees as the byelaws may provide.
Regulation and enforcement of municipal laws, etc.
Complete mechanism has been provided in sections 172 to 179 read with Eighth and Ninth Schedules for regulation and enforcement of municipal offences
Assistance to relevant authorities in disaster management and relief activities
Section 24 of the Act provides that district level office of the Civil Defence Department, Government of the Punjab shall stand devolved on the local governments and by virtue of Section 25 of the Act, the Government shall establish a District Civil Defence Authority at district level for such devolved office. Clauses (f) & (j) subsection (1) of section 27 of the Act provides that the District Civil Defence Authority shall 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. Under clause (j) subsection (1) of section 36 of the Act, it is responsibility of the Chief Officer to assist relevant authorities in the circumstances of emergency. Clause (kk) subsection (1) of section 2 of the Act provides that the term “emergency” means circumstance endangering public health, safety, life or significant or large scale harm to property requiring an immediate action. Section 13(1) of the Punjab Civil Administration Act, 2017 provides that the Government may, by notification, declare 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). Sub-section (2) further provides that on issuance of the notification mentioned in subsection (1), the Commissioner, Deputy Commissioner, Assistant Commissioner or officers subordinate to them may, in consultation with the respective head of the local government, exercise such powers within the area of their respective jurisdiction as the Relief Commissioner may delegate to them under section 7 of the said Act. Sub-section (4) also provides that on a request by or on behalf of the Deputy Commissioner, the local governments in the district shall also render such assistance to the Deputy Commissioner or officers subordinate to him as may be necessary in the circumstances. Section 15 of the Act provides that every local government shall function within the framework of the province and adhere to all applicable federal and provincial laws. In view thereof, in case of emergency or disaster, etc., a local government is bound to assist the District Administration in relief activities.
Provide relief for the widows, orphans, poor, trans genders and other persons in distress, and children and persons with disabilities
A Metropolitan Corporation and District Council is also bound to make arrangements for enhancement of the care of disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug addicts, victims of child abuse, needy and disadvantaged persons under clause (mm) of section 21 of the Act. Section 24 of the Act provides that district level office of the Social Welfare Department, Government of the Punjab shall stand devolved on the local governments and by virtue of Section 25 of the Act, the Government shall establish a District Social Welfare Authority at district level for such devolved office. It is also one of the functions of Community Council or Panchayat to mobilize voluntary resources, including physical labour and manpower, property and cash contributions for municipal and welfare activities in the local area including provision of education and arrangement of marriages of deserving poor and needy residents; report cases of handicapped, destitute, and of extreme poverty to the respective local government and raise funds on self-help basis for their welfare under section 124 of the Act.
| RELEVANT RULES | |
| 1. | The Punjab Private Housing Scheme Rules, 2022. |
| 2. | The Punjab Private Housing Schemes and Land Subdivision Rules, 2010. (repealed) |
| 3. | The Punjab Local Government Land Use Plan (Classification, Reclassification and Redevelopment) Rules, 2020. |
| 4. | The Punjab Local Government Land Use Plan Regulations, 2021. (repealed) |
| 5. | The Punjab Demarcation, Classification and Naming of Local Areas Rules 2019. |
| 6. | The Punjab Land Use (Classification, Reclassification and Redevelopment) Rules, 2009. (repealed) |
| 7. | Punjab Local Governments (Property) Rules, 2018 |
| 8. | The Punjab Local Government (Property) Rules, 2013. (repealed) |
| 9. | Punjab Local Governments (Contract) Rules, 2017 |
| 10. | Punjab Local Government (Contract) Rules, 2003 (repealed) |
| 11. | Punjab Local Governments (Auction of Collection of Rights) Rules, 2016 |
| 12. | Punjab Local Governments (Fee for Licensing of Professions and Vocations) Rules, 2017 |
| 13. | The Punjab Local Government (Fee for Licensing Permits and Licensing of Profession and Vocation) Rules, 2002. (repealed) |
| 14. | Punjab Local Government (Works) Rules, 2017. |
| 15. | The Punjab Tehsil / Town Municipal Administration (Works) Rules, 2003. (repealed) |
| 16. | Punjab Local Governments (Taxation) Rules, 2016. |
| 17. | The Punjab Local Government (Taxation) Rules, 2001. (repealed) |
| 18. | Punjab Local Governments (Tax on Transfer of Immovable Properties) Rules, 2016. |
| 19. | The Punjab Local Government (Tax on Transfer of Immovable Property) Rules, 2001. |
| 20. | The Punjab Local Rate (Assessment and Collection) Rules, 2001. |
| 21. | Punjab Local Governments (Budget) Rules, 2017 |
| 22. | Punjab Local Governments (Fiscal Transfers) Rules, 2017 |
| RELEVANT NOTIFICATION | |
| 1. | Notification No. SOTAX(LG)5-39/05 dated 01.07.2015 regarding “Litigation Against Local Governments”. |
| 2. | Notification No. SO-LAW(LG)2-10/2011-Misc dated 02.12.2015 regarding “Appointment of Legal Advisors and Private Counsel”. |
| 3. | Notification No. SOR(LG)8-18/20202 dated 03.01.2023 regarding “Amendment in Punjab Local Government Land Use Plan(Classification, Reclassification and Redevelopment) Rules, 2020”. |
| 4. | Notification No. SO.R(LG)38-18/2009-P dated 23.09.2015 regarding “Punjab Land Use (Classification, Reclassification and Redevelopment) Rules, 2009. |
| 5. | Notification No. SO Estate(LG)2-8/2008(Attock) dated 10.06.2015 regarding “Affairs of Private Housing Schemes, Action Against Illegal Housing Schemes”. |
| RELEVANT INSTRUCTIONS / ADVICE | |
| 1. | Letter No. SOTAX (LG) 5-75/2021, Govt. of the Punjab, LG&CD Department dated 23.05.2022 regarding “Compliance of Order passed in Writ Petition No.34149/2021 Titled “Total Parco Pakistan Limited vs., Province of Punjab etc. – Sign Board/ Signage in compliance with the Companies Act and SBP Policy – Levy of Advertisement Fee under Clause 7(2) of Advertisement Model Bye-Laws on the Banks, Petrol Pumps etc., Which Have Installed Boards Over and Above the Size of 30 Sq.ft.” |
| 2. | Letter No. SOTAX (LG) 5-75/2021, Govt. of the Punjab, LG&CD Department dated 04.03.2022 regarding “Compliance of Order passed in Writ Petition No.34149/2021 Titled “Total Parco Pakistan Limited Vs., Province of Punjab etc. – Sign Board/ Signage in compliance with the Companies Act and SBP Policy – Liability to Pay the Scheduled Advertisement Fee Notified by the Local Government Concerned” |
| 3. | Letter No. SOTAX (LG) 5-75/2021, Govt. of the Punjab, LG&CD Department dated 09.11.2021 regarding “Compliance of Order passed in Writ Petition No.34149/2021 Titled “Total Parco Pakistan Limited Vs. Province of Punjab etc, – Sign Board/ Signage in compliance with the Companies Act and SBP Policy” |
| 4. | Letter No. SOTAX (LG) 1-46/2008 (MC Dunyapur), Govt. of the Punjab, LG&CD Department dated 30.08.2021 regarding “Advertisement Tax on Wall Painting / Chalking” |
| 5. | Letter No. SOTAX (LG) 2-21/2019, Govt. of the Punjab, LG&CD Department dated 17.11.2021 regarding “Guidelines/Instructions Regarding Issues Relating to Collection of Advertisement Tax Amongst the Contractors of Local Governments in the Punjab and Vendors of National and Multi-National Companies” |
| 6. | Letter No. SOTAX (LG) 2-21/2019, Govt. of the Punjab, LG&CD Department dated 09.03.2020 regarding “Guidelines/Instructions Regarding Issues Relating to Collection of Advertisement Tax Amongst the Contractors of Local Governments in the Punjab and Vendors of National and Multi-National Companies” |
| 7. | Letter No. SOTAX (LG) 2-21/2019, Govt. of the Punjab, LG&CD Department dated 31.12.2019 regarding “Guidelines/Instructions Regarding Issues Relating to Collection of Advertisement Tax Amongst the Contractors of Local Governments in the Punjab and Vendors of National and Multi-National Companies” |
| 8. | Letter No. SOTAX (LG) 1-15/01(Pasrur), Govt. of the Punjab, LG&CD Department dated 19.02.2018 regarding “Provision of Drinkable Water, Waste Water Treatment, Solid Waste Collection and Disposal Services” |
| 9. | Letter No. SOTAX (LG) 2-61/97-D-III, Govt. of the Punjab, LG&CD Department dated 19.01.2015 regarding “Charging of Advertisement Fee on the Vehicles Having Logo of The Company” |
| 10. | Letter No. SOTAX (LG) 2-61/97-D, Govt. of the Punjab, LG&CD Department dated 26.03.2014 regarding “Charging of Advertisement Fee on the Vehicles Having Logo of The Company” |
| 11. | Letter No. SOTAX (LG) 2-61/97-D, Govt. of the Punjab, LG&CD Department dated 12.03.2007 regarding “Charging of Advertisement Fee on The Vehicles Having Logo of the Company”. |
| 12. | Letter No. SO-D-II(LG) 5-23/04, Govt. of the Punjab, LG&RD Department dated 02.10.2004 regarding “Establishment and Maintenance of Burial Places” |
| 13. | Letter No. SO-III(LG)2-26/2000, Govt. of the Punjab, LG&RD Department dated 25.03.2003 regarding “Unauthorized Construction on the State Land”. |
| 14. | Letter No. SO.VI(LG)5-5/2002, Govt. of the Punjab, LG&RD Department dated 23.08.2002 regarding “Holding of Cattle Mandis / Markets”. |
22. Functions and powers of Union Council.– (1) The functions and powers of Union Council shall be to:
(a) approve its budget;
(b) approve the levy of tax and fee etc;
(c) collect approved taxes, fees, rates, rents, tolls, charges, fines and penalties;
(d) enforce this Act, rules and bye-laws regulating its functioning;
(e) nominate members of the Community Councils in its respective urban area and monitor their performance;
(f) nominate members of the Panchayatswithin its respective ruralareaand monitor their performance;
(g) mobilize the community:
(i) for maintenance of public ways, public streets, street lights, culverts, bridges, public buildings and local drains;
(ii) for plantation of trees, landscaping and beautification of public places;
(iii) for prevention and removal of encroachments on public ways, streets and places;
(h) provide and maintain public sources of drinking water, such as wells, water pumps, tanks and ponds, and open drains;
(i) coordinate with the community organizations for proper maintenance of water supply schemes, sewerage, waste collection and removal;
(j) manage and maintain grazing areas, common meeting places and other common property;
(k) hold local fairs and recreational activities;
(l) registration of births, deaths, marriages and divorces;
(m) promote local, school and traditional sports;
(n) take other measures likely to promote the welfare, health, safety, comfort or convenience of the inhabitants of its local area;
(o) identify deficiencies in delivery of public services and make recommendations for improvement of services;
(p) execute small scale development works relating to its functions;
(q) report illegal excavation of earth, sand, stones or other material to the relevant authorities;
(r) celebration of public festivals;
(s) assist the relevant authorities in disaster management and relief activities;
(t) manage properties, assets and funds vested in it; and
(u) maintain such statistics and data as may be specified and disseminate information on matters of public interest; and
(2) A Union Council may perform any other function entrusted to it by the Government or its respective upper level local government, in whose local area the Union Council is situated.
| 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. |
| 72 | – | 22 | 33 | 22 |
Comments
It is one of the important functions of the Union Council to register births, deaths, marriages and divorces. The Government has also notified the Punjab Local Government (Registration of Births and Deaths) Rules, 2021. It is important to state that a Union Council is bound to register births, deaths, marriages and divorces of Muslim and non-Muslim living in its local areas. Matters relating to registration of marriage and divorce of the Muslim are governed under the Muslim Family Laws Ordinance, 1961, whereas there is Christian Marriage Act, 1872, Christian Divorce Act, 1869, Hindu Marriage Act, 2017 and the Punjab Sikh Anand Karaj Marriage Act, 2018 for the minorities.
| RELEVANT RULES | |
| 1. | Punjab Union Council (Budget) Rules, 2017 |
| 2. | The Punjab Union Administration Works (Works) Rules, 2002. |
| 3. | Punjab Local Governments (Taxation) Rules, 2016. |
| 4. | The Punjab Local Government (Taxation) Rules, 2001. |
| 5. | Punjab Local Governments (Tax on Transfer of Immovable Properties) Rules, 2016. |
| 6. | The Punjab Local Government (Tax on Transfer of Immovable Property) Rules, 2001. |
| 7. | The Punjab Local Rate (Assessment and Collection) Rules, 2001. |
| 8. | The Punjab Local Government (Registration of Births and Deaths) Rules, 2021. |
| 9. | Amendment – The Punjab Local Government (Registration of Births and Deaths) Rules, 2021. |
