PLANNING AND DEVELOPMENT
Chapter – XXVIII) Planning, Development and Land use in Metropolitan Corporation and District Council #
166. Local development plan.–
(1) Within six months of the assumption of office, every Head of the local government shall prepare a plan for the development of respective local area in relation to the functions of the local government under this Act during the next four years, to be called the local development plan.
(2) A local development plan shall be prepared in such form and in such manner as the Secretary may by an order specify and, among other things, include:
(a) objectives of the local government with respect to development of local area;
(b) strategies for achievement of these objectives and indicators for monitoring such achievement; and
(c) resource plan describing financial and other resources required for the attainment of stated objectives and how such resources shall become available to the local government.
(3) In the like manner, sufficiently before the commencement of a financial year, every Head of the local government shall prepare a draft plan of construction or other works and activities by or on behalf of the local government to be carried out during that financial year, called the draft annual development plan.
(4) Every draft annual development plan prepared under subsection (3) shall be aligned to and contribute towards the objectives of the local development plan.
| 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. |
| – | 251 | 166 | 166 | 166 |
167. Initiation of proposals for new works etc..–
(1) For the purpose of drawing up an annual development plan, the Head of the local government shall call for proposals for carrying out construction or other works or activity by or on behalf of a local government.
(2) A proposal under subsection (1) may be initiated by any one or more of the following:
(a) a Head of local government;
(b) a Deputy Mayor;
(c) a Vice Chairperson;
(d) the Speaker;
(e) a Councillor;
(f) the Chief Officer;
(g) the Council through a resolution;
(h) a resident of the local area;
(i) a Community Council or Panchayat located in the relevant local area; and
(j) by or under the authority of the Secretary or any officer authorized by him.
(3) Every proposal under subsection (1) shall be drawn in the prescribed form and made to the Chief Officer of the relevant local government by such dates as may be specified by the Head of the local government.
(4) The provisions of this section shall not apply to any construction or other work or activity by or on behalf of a local government for the maintenance, repair or renewing of any of its existing facility or amenity, the value of which does not exceed such amounts as the Secretary may, from time to time, specify.
| 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. |
| – | 252 | 167 | 167 | 167 |
| RELEVANT RULES | |
| 1. | Punjab Local Government (Works) Rules, 2017. |
168. Approval of annual development plan.–
(1) The Head of the local government shall present the draft annual development plan before the Council at a public meeting.
(2) The Council may, with a simple majority of vote of all Councillors holding office:
(a) revise the draft annual development plan; or
(b) approve the draft annual development plan.
(3) Where in the view of the Head of the local government, revision of the draft annual development plan by Council is not in accordance with the provisions of this Act or is otherwise inappropriate, he may, again present the draft annual development plan, with or without any revision, before the Council, and after due consideration, the Council may:
(a) approve it with a simple majority of vote of all Councillors holding office; or
(b) revise or reject it with a two-third majority of vote of all Councillors holding office.
(4) Without any prejudice to other provisions of this section, the annual development plan presented by the Head of the local government under subsection (3) which is not rejected or revised by the Council with two-third majority, should be deemed to have been approved.
| 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. |
| – | 253 | 168 | 168 | 168 |
169. Secretary to certify annual development plan if not approved by a local government.–
(1) In case where annual development plan of a local government is not approved under section 168 of this Act within thirty days of the commencement of the financial year to which it pertains, the Secretary may, after due notice to the relevant Head of the local government and having regards to the needs of that local area, cause such annual development plan to be prepared on its own and may also certify it.
(2) The annual development plan certified under subsection (1) shall be deemed to be the approved annual development plan of the local government for that financial year.
| 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. |
| – | 254 | 169 | – | 169 |
170. Planning guidelines.–
(1) As soon as may be, but not later than six months of the commencement of this Act, the Secretary shall by an order notified in the official Gazette, specify planning guidelines for approval of construction or other works or activity by or on behalf of local government.
(2) Every planning guideline shall, among other things:
(a) set out the value, size or type of work or other activity which may be undertaken by various local governments;
(b) set out criteria to be applied for deciding actual need for a particular work or activity on the basis of its sustainability, cost-effectiveness and likely economic and social returns;
(c) identify one or more undertakers as appropriate persons to carry out a specified description of work; and
(d) set out circumstances in which it is appropriate for a specified type of action to be taken to mitigate the impact of a specified description of work.
(3) Every order under subsection (1) shall remain applicable for three financial years following the date of its commencement unless it is otherwise amended or replaced by the Chief Minister.
| 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. |
| – | 256 | 170 | – | 170 |
171. Duty of every local government to maintain public service infrastructure maps.–It shall be the duty of every local government to prepare and maintain detailed maps of the infrastructure relating to public services provided by it under this Act or any other law for the time being in force and from time to time modify and update such maps.
| 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. |
| – | 258 | 171 | 169 | 171 |
Comments
Provisions of this Chapter are corresponding to the provisions of sections 251, 252, 253, 256 and 258 of the Punjab Local Government Act, 2019. The said provisions bind a local government to prepare its Annual Development Plan for the development of its respective local area during the next four years. The said plan shall be a document not only encompassing the objectives of the local government for development of the area but it shall also provide the technical and financial means to achieve the purpose of the said objectives. This plan shall no doubt be a very helpful in ensuring provision of effective delivery of public services to the residents of the local area. The local government shall also draft annual development plan for the financial year in line with the Local Development Plan. Manners of preparation of the annual development plan and its approval have been provided in sections 167 and 168 of the Act. In case of default of the local government to prepare and approve the annual development plan, the Secretary has been empowered under section 169 to prepare and certify the annual development plan. Secretary is also empowered to notify planning guidelines under section 170 for approval of construction or other works or activity by or on behalf of local government. The local government is also bound to prepare and maintain detailed maps of the infrastructure relating to public services provided by it under this Act or any other law for the time being in force and from time to time modify and update such maps.
