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Demarcation, Classification and Naming of Local Areas Rules, 2019

“Government of the Punjab

Local Government & Community Development Department

Dated Lahore the, 7th September 2019

NOTIFICATION

No. SOR(LG)38-13/2019.– In exercise of the powers conferred under section 310 of the Punjab Local Government Act 2019 (XIII of 2019), Governor of the Punjab is pleased to make the following rules:

Part-I Preliminary

1.         Short title and commencement.- (1) these rules may be called as the Punjab Demarcation, Classification and Naming of Local Areas Rules 2019.

(2)       They shall come into force at once.

2.         Definitions- (1) In the rules, unless there is anything repugnant in the subject or context:

  • “Act” means the Punjab Local Government Act 2019 (XIII of 2019)
  • “approved proposal” means a proposal prepared under rule 29 for the division of all areas in a district subject to the Act into urban and rural local areas, fixing the limits of such local areas and classifying them, and assigning them a number and name;
  • “areas subject to the Act” means the areas other than the areas excluded under sub-section (2) of section 1 of the Act from the application of the Act;
  • “Assistant Commissioner” means the Assistant Commissioner as defined in section 2 of the Punjab Civil Administration Act 2017 (III of 2017);
  • “Assistant Demarcation Officer” means the Assistant Demarcation Officer appointed under clause (c) of sub-rule (1) of rule 3; MAWA
  • “CNIC” means the Computerized National Identity Card;
  • “Demarcation Authority” means the Demarcation Authority appointed under clause (a) of sub-rule (1) of rule 3;
  • “Demarcation Officer” means the Demarcation Officer appointed under clause (b) of sub-rule (1) of rule 3;
  • “Deputy Commissioner” means the Deputy Commissioner as defined in section 2 of the Punjab Civil Administration Act 2017 (III of 2017);
  • “final proposal” means a proposal prepared under rule 11 for the division of all areas in a district subject to the Act into urban and rural local areas, fixing the limits of such local areas and classifying them, and assigning them a number and name;
  • “initial proposal” means a proposal prepared under rule 5 for the division of all areas in a district subject to the Act into urban and rural local areas, fixing the limits of such local areas and classifying them, and assigning them a number and name;
  • “Member” means a member of the Commission;
  • “object of review” means one or more objects for which a local area is being reviewed as listed in sub-rule (1) of rule 14;
  • “objection” means the objection to initial or final proposal or a part thereof is in contravention of any provision of the Act or the rules;
  • “rules” means the Punjab Demarcation, Classification and Naming of Local Areas Rules 2019;
  • “Schedule” means the Schedule attached with the rules;
  • “settlement” means a human settlement and shall include areas within or adjoining the settlement used for recreation, parks or amenities and for industrial or commercial and other similar purposes;
  • “suggestion” means, with reference to an initial or, as the case may be, final proposal, a suggestion for effecting improvement in such proposal; and
  • “survey number” means a portion of land of which the area is separately entered under an indicative number in the record-of-rights.

            (2) The words and expressions used but not defined in the rules shall have the same meanings as are assigned to it in the Act.

3.         Demarcation Authority, Demarcation Officer, Assistant Demarcation Officer and their duties.— (1). For the purpose of these rules:—

  • every Commissioner shall be the Demarcation Authority for all local areas in the respective Division;
  • every Deputy Commissioner shall be the Demarcation Officer of the respective district; and
  • every Assistant Commissioner shall be the Assistant Demarcation Officer of the respective Tehsil; and

(2).      The Demarcation Authority, inter alia, shall:—

  • hear and decide all suggestions and objections against the initial proposal under rule 10;
  • cause the effect of his decisions under rule 10 incorporated in the interim proposal;
  • remove patent errors or omissions in the final proposal under rule 13;
  • review a matter referred to him by the Cabinet under rule 28; and
  • perform such other duties as are assigned to him by the Secretary in relation to these rules.

(3).      The Demarcation Officer, Inter alia, shall:—

  • prepare initial and final proposals for the respective distract under rule 5 and 11 respectively and cause these to be displayed and maintained under rule 6 and 12 respectively;
  • invite suggestions and objections on the initial proposal under rule 7;
  • remove patent errors or omissions in the final proposal under rule 13;
  • maintain all record relating to initial and final proposals in such form and in such manner as may be directed by the Secretary;
  • generally assist the Demarcation Authority in his duties; and
  • perform such other duties as are assigned to him by the Secretary in relation to these rules.

(4).      The Assistant Demarcation Officer, inter alia, shall:—

  • receive suggestions and objections on the initial proposal and cause these to be entered into a register under rule 8;
  • cause every suggestion and objection received by him to be displayed for public information and inviting counter-suggestion or, as the case may be, counter-objection under rule 9;
  • submit all suggestions, counter-suggestions, objections and counter-objections received by him before the Demarcation Authority under rule 9;
  • assist the respective Demarcation Officer in making initial and final proposals; and
  • perform such other duties as are entrusted to him by the Demarcation Officer or the Secretary in relation to these rules.

4.         All authorities and persons to assist in demarcation.— (1). The Secretary or any Demarcation Authority, Demarcation Officer and Assistant Demarcation Officer may require any authority or person in the Punjab to undertake such duty and render such assistance to him as may be required for the purposes of these rules.

(2).      It shall be the duty of all authorities and persons referred to in sub-rule (1) to undertake such duty or to render such assistance as may reasonably be possible.

(3).      The Government shall make available to the Secretary, Demarcation Authority, Demarcation Officer and Assistant Demarcation Officer such of its officers and servants as may be required for the purpose of these rules.

Part II – Procedure for First Demarcation of Local Areas

5.         Preparation of initial proposals.— (1). Subject to the provisions of the Act and regulation or standing instruction on the subject, the Demarcation Officer shall prepare a proposal, to be called the initial proposal, for:—

  • division of all areas comprising the district except the areas excluded under sub-section (2) of section 1 of the Act, into urban and rural local areas in accordance with rule 20;
  • fixing the limits of each local area in the district in accordance with rule 21, 22 and 23;
  • classification of each urban area in accordance with rule 24;
  • assignment of a number and name to each local area in accordance with rule 25 and 26 respectively.

(2).      Initial proposal shall be made by the Demarcation Officer in Form I given in the Schedule together with a map of each local area by the date fixed by the Secretary with the approval of the Minister.

(3).      The Secretary may direct one or more Demarcation Officers to provide such information in the initial proposal other than that given in the Form I which, in his opinion, would allow a better and unambiguous understanding of the initial proposal.

(4).      The map referred to in sub-rule (2) shall be prepared on such scale and in such form as may be directed by the Secretary.

6.         Public display of initial proposal and supply of copies thereof.— (1). The Demarcation Officer shall prepare sufficient copies of the initial proposal in English and Urdu and authenticate them by putting his signature and seal on each page.

(2).      On the first working day falling immediately after the last date fixed for making initial proposal under rule 5, the Demarcation Officer shall cause not less than two copies of the initial proposal, one in English and one in Urdu, to be displayed at the notice board of his office, the offices of all Assistant Demarcation Officers in the district and the offices of all defunct local governments in the respective local area for general information and examination by any interested person.

(3).      The Demarcation Officer shall immediately notify the display of initial proposal under sub-rule (2) to the Secretary through facsimile and such other means as may be prescribed by him.

(4).      The copies of initial proposal mentioned in sub-rule (2) shall remain available for general information and examination by any interested person till the last date of submission of counter-suggestion and counter-objection under rule 9.

(5).      Further, the Demarcation Officer shall cause two copies of the initial proposal, one in English and one in Urdu, to be maintained in his own office and in the office of every Assistant Demarcation Officer in the district.

(6).      In the like manner, the Demarcation Officer shall cause two copies of the initial proposal, one in English and one in Urdu, to be submitted to the respective Demarcation Authority and the Secretary for reference and record.

(7).      On a written application for this purpose, the Demarcation Officer or, as the case may be, the Assistant Demarcation Officer shall supply copies of the initial proposal or part thereof to an interested person on payment of a fee to be fixed by the Secretary which shall in no case be less than (10) rupees per page.

7.         Notice inviting suggestions and objections on initial proposal.— (1). As soon as may be, but not later than five clear working days following the display of initial proposal under rule 6, the Demarcation Officer shall, through a public notice published in not less than one local and two national newspapers, invite suggestions and objections on the initial proposal.

(2).      The public notice referred to in sub-rule (1) shall, inter alia,  mention:

  • address and contact details of the offices where initial proposal is displayed for general information and examination by any interested person;
  • address and contact details of the offices from where copies of initial proposal can be obtained;
  • last date fixed for receipt of suggestions and objections under rule 8 and last date fixed for receipt of counter-suggestions and counter-objections under rule 9; and
  • address and contact details of the offices where suggestions, objections, counter-suggestions and counter-objections can be submitted in terms of rule 8 and 9 respectively; and
  • that only such objections, suggestions, counter-suggestions and counter-objections which meet the requirement mentioned in rule 8 and, as the case may be, rule 9 shall be accepted for consideration.

8.         Manner of filing suggestions and objections.— (1). Any resident of the local area, proposed in the initial proposal may make suggestion(s) or raise objection(s) upon the initial proposal by the date fixed by the Secretary with the approval of the Minister.

(2).      The date referred to in sub-rule (1) shall be such that the residents have not less than fifteen working days to file a suggestion(s) or objection(s) commencing from the date of display of initial proposal for general information and examination by any interested person under rule 6.

(3).      Every suggestion or, as the case may be, objection shall be:

  • made by the resident in Form II given at the Second Schedule in  triplicate to the respective Assistant Demarcation Officer either in person or through a duly authorized agent;
  • signed or thumb marked by the resident; and
  • accompanied by a copy of CNIC of the resident making it.

(4).      The Assistant Demarcation Officer shall cause every suggestion and objection to be immediately entered into a register to be maintained in Form III give at the Third Schedule.

(5).      Any suggestion or objection which is made on an incomplete Form II or is received after the date fixed under sub-rule (1), shall not be considered.

(6).      One copy of every suggestion and objection, except that referred to in sub-rule (5), shall be put up for general information and examination of any interested person under rule 9 while the remaining two copies shall be retained by the Assistant Demarcation Officer for record.

(7).      As soon as may be, but not later than five clear working days following the last date for submission of counter-suggestion(s) and counter-objection(s) fixed under rule 9, the Assistant Demarcation Officer shall submit the second copy of every suggestion and objection retained by him under sub-rule (6), together with a copy of any counter-suggestion or, as the case may be, counter-objection relating to it to the Demarcation Authority for hearing and decision. 

9.         Public display of suggestions and objections and invitation of counter-suggestions and counter-objections.— (1).The Assistant Demarcation Officer shall cause one copy of every suggestion and objection, except the suggestion and objection referred to in sub-rule (5) of rule 8, received by him to be displayed on the notice board of his office as well as the offices of all defunct local governments in the respective local area on the next working day for public information and invitation of any counter-suggestions and counter-objections by the date fixed by the Secretary with the approval of the Minister.

(2).      The date referred to in sub-rule (1) shall be such that the residents have not less than three clear working days to file a counter-suggestion or, as the case may be, counter-objection commencing from the last date fixed for submission of suggestion(s) and objection(s) under rule 8.

(3).      Every counter-suggestion and counter-objection shall be:

  • made by the resident in Form IV given at the fourth Schedule in duplicate to the respective Assistant Demarcation Officer either in person or through a duly authorized agent;
  • signed by the resident; and
  • accompanied by a copy of CNIC of the resident making it.

(4).      The Assistant Demarcation Officer shall cause every counter-suggestion and counter-objection to be immediately entered into a register to be maintained in Form III given at the Third Schedule.

(5).      Any counter-suggestion or, as the case may be, counter-objection which is made on an incomplete Form IV or is received after the date fixed under sub-rule (1) shall not be considered.

(6).      The Assistant Demarcation Officer shall retain one copy of every counter-suggestion and counter-objection, except that referred to in sub-rule (5), and as soon as may be, but not later than five clear working days of the last date for submission of counter-suggestion(s) and counter-objection(s), submit the other copy to the Demarcation Authority, together with the relevant suggestion or, as the case may be, objection for hearing and decision under rule 10.  

10.       Decision upon suggestions and objections on initial proposal.— (1).On their receipt from the Assistant Demarcation Officer under rule 9, the Demarcation Authority shall hear and decide every suggestion and objection together with any relevant counter-suggestion and, as the case may be, counter-objection, by the date fixed by the Secretary with the approval of the Minister.

(2).      For the purpose of sub-rule (1), the Demarcation Authority may:—

  • summon and examine the resident making suggestion(s), objection(s), counter-suggestion(s) or, as the case may be, counter-objection(s);
  • summon and examine any other person whom he considers to be relevant to a matter in question;
  • call for and examine any relevant document or record;
  • hold an investigation in the matter through the Assistant Demarcation Officer, any other officer considered suitable by him, or a committee of two or more suitable officers; and
  • after inviting the residents at large by announcing time, date and place for this purpose, hold public meeting(s).

(3).      Every decision under this rule shall be passed in writing under the signatures of the Demarcation Authority and shall be entered in a register maintained in Form V given at the fifth Schedule.

11.       Preparation of final proposals.— (1).As soon as may be, but not later than seven clear working days from the last date fixed for the decision of suggestion(s) and objection(s) by the Demarcation Authority under rule 10, the Demarcation Officer shall prepare final proposal by incorporating all changes ordered by the Demarcation Authority and removing any patent error(s) or omission(s) in the initial proposal.

(2).      No error or omission in the initial proposal shall be removed by the Demarcation Officer under sub-rule (1) without written permission of the Demarcation Authority.

12.       Public display of final proposals and supply of copies thereof. (1). The Demarcation Officer shall prepare sufficient copies of the final proposal in English and Urdu and authenticate them by putting his signature and seal on each page.

(2).      On the eight clear working day following the last date fixed for the decision of suggestion(s) and objection(s) by the Demarcation Authority under rule 10, the Demarcation Officer shall cause not less than two copies of the authenticated final proposal, one in English and the other in Urdu, to be displayed at the notice board of his office, the offices of all Assistant Demarcation Officers in the district and the offices of all defunct local governments in the respective local area for general information and examination by interested person(s).

(3).      The Demarcation Officer shall immediately notify the display of final proposal under sub-rule (2) to the Secretary through facsimile and such other means as may prescribed by him.

(4).      The copies of final proposal mentioned in sub-rule (2) shall remain available for general information and examination by interested persons for not less than fifteen days.

(5).      Further, the Demarcation Officer shall cause two copies of the final proposal, one in English and the other in Urdu, to be maintained in his own office and in the office of every Assistant Demarcation Officer in the district.

(6).      In the like manners, the Demarcation Officer shall cause two copies of the final proposal, one in English and the other in Urdu, to be submitted to the respective Demarcation Authority for record and the Secretary for review under rule 13.

(7).      On a written application for this purpose, the Demarcation Officer, or as the case may be, the Assistant Demarcation Officer shall supply copies of the initial proposal or part thereof to an interested person on payment of a fee to be fixed by the Secretary which shall in no case be less than (10) rupees per page.

13.       Secretary may require Demarcation Authority or Demarcation Officer to remove patent errors or omissions.— (1). On its receipt under rule 12, the Secretary shall cause the final proposal to be reviewed to point out any patent errors or omissions.

(2).      If so required, the Secretary may direct a Demarcation Authority or Demarcation Officer to review the final proposal and remove any patent error(s) or omission(s) within such time as he may consider appropriate.

(3).      The Demarcation Authority or, as the case may be, the Demarcation Officer shall remove patent error(s) and omission(s) referred to in sub-rule (2) and submit corrected final proposal to the Secretary.

Part III – Procedure for Subsequent Review of Local Areas by Local Government Commission

14. Initiation of periodic review of local areas.- (1) Immediately after culmination of every eighth year from the commencement of the Act, the Commission shall assess all local areas in the Punjab to identify local areas which require:

  • extension, curtailment or otherwise alteration of limits in terms of principles laid down in rule 21, 22 and 23;
  • abolition or amalgamation as a consequence of extension, curtailment or otherwise alteration of limits under clause (a) above;
  • redesignation from rural local areas to urban local areas or vice-a-versa in terms of rule 20;
  • reclassification in terms of section 9 of the Act read with rule 24; and
  • renumbering or renaming in terms of rule 25 and 26 respectively.

(2) For the purpose of sub-rule (1), the Commission shall, in addition to any internal assessment, invite suggestions from:

  • the Minister and Secretary;
  • all local governments;
  • relevant government agencies and other authorities; and
  • residents through public notice.

      (3) All suggestions received under sub-rule (2) shall be recorded in a register kept in Form VI given at the Sixth Schedule and considered by the Commission.

            (4) The Commission shall share a list of all local areas identified for review under sub-rule (1) along with the object of such review with:

  • the Minister and Secretary;
  • local governments likely to be affected by such review; government agencies and
  • other authorities likely to be affected by such review; and
  • residents of the local areas identified for review through public notice.

15.       Directions for review to relevant Authorities, Demarcation Officers and Assistant Demarcation Officers.- (1) After having identified local areas requiring review under rule 14, the Commission shall direct the Demarcation Authority, Demarcation Officer and Assistant Demarcation Officer to proceed with the review as per its stated objects.

            (2) While passing directions under sub-rule (1), the Commission shall furnish the objects of the review identified by it, the basis of the assessment carried out by it under sub-rule (1) of rule 14, any suggestion. received by it under sub-rule (2) of rule 14 and any other relevant information available with it to the Demarcation Authority, Demarcation Officer and, as the case may be, Assistant Demarcation Officer.

16. Procedure for first demarcation to apply to review mutatis mutandis. The procedure for identification of urban and rural areas, fixing their limits and numbering and naming them as given at Part II of the rules shall apply to the review of local areas mutatis mutandis with the following exceptions:

  • the review of identified local area shall be limited to the objects of review identified by the Commission and other area shall not be aspects of demarcation of local considered;
  • the relevant Demarcation Authority, Demarcation Officer and the Assistant Demarcation Officer shall observe the work schedule notified by the Commission for this purpose; and
  • the final proposal shall be submitted to the Commission instead of the Secretary.

17.       Commission may require Demarcation Authority or Demarcation Officer to remove patent error(s) or omission(s).- (1) On its receipt under rule 12 read with rule 16, the Commission shall cause the final proposal to be reviewed to point out any patent error(s) or omission(s).

(2) The Commission may direct Demarcation Authority or Demarcation Officer to review the final proposal and remove patent error(s) or omission(s) within such time as it may consider appropriate.

            (3) The Demarcation Authority or, as the case may be, the Demarcation Officer shall remove patent error(s) and omission(s) and submit corrected final proposal to the Commission.

18. Submission of corrected final proposal to the Secretary. The Commission shall, after having reviewed the final proposal under rule 17, submit the corrected final proposal to the Secretary without any unnecessary delay.

19. Similar procedure to apply on special reviews mutatis mutandis.- The procedure mentioned in rules 16, 17 and 18 shall also apply mutatis mutandis to special review of one or more local areas under section 12 of the Act.

Part IV Basis for Fixing Limits, Classification and Naming of Local Areas

20. Division of areas into urban and rural areas.- (1) No area subject to the Act shall be classified as an urban area unless it:

  • displays distinct urban features; and
    • comprises a geographically contiguous and largely compact settlement with a population of not less than twenty thousand as per the last available census.

(2) The limits of an urban area shall be fixed in terms of rules 21 and 22.

(3) All areas subject to the Act which are not situated in the limits of an urban area shall comprise of rural areas.

21. Principles for fixing the limits of urban local areas.- (1) At the minimum, the limits of an urban local area shall include:

  • the area comprising the settlement or the respective rating area within the meanings of Punjab Urban Immovable Property Tax Act, 1958 (V of 1958) at the time of fixing limits under this rule, whichever is larger; and
    • the areas adjoining the area referred to in clause (a) which are likely to come under settlement during the next eight years in view of the expected rise in population and past direction of growth of the settlement.

(2) The limits of an urban local area may be further enhanced to cater for the following:

  • the need for provision of better means of communication, hot public facilities and services to the residents;
    • interdependence of residents and economies as indicated by existing and expected employment patterns, commuting and transportation needs, use of amenities, recreational facilities and infrastructure, and commercial and industrial linkages; and
    • financial viability and administrative capacity of the local government of the respective local area to discharge its functions efficiently and effectively.

22.       Limits of a Tehsil.- All areas comprising of a Tehsil except the areas excluded under subsection (2) of section 1 of the Act and urban local areas shall constitute the local area of that Tehsil.

23. General restrictions for fixing limits of local areas.- (1) While fixing the limits of a local area, following restrictions shall be observed:

  • the local area shall be geographically compact, contiguous and constitute a territorial unity;
  • as far possible, a revenue estate shall be included or excluded from a local area in whole and shall not be split;
  • a census village or, as the case may be, census block as determined for the purpose of last preceding census shall be included or excluded from a local area in whole and shall not be split in any case;
  • the limit of a local area shall not conflict with or extend beyond the limit of the district; and
  • as far as possible, the demarcation shall start from the northern end of the proposed local area and then proceed clock-wise in zigzag pattern towards the starting point and end there.

(2) Among such other means as may be specified by the Secretary, the limits of a local area shall be indicated by:

  • specifying names of the revenue estates included in the local area, and in case of old city settlements the names of localities included in the local area;
  • where a revenue estate is not included in a local area in whole, the survey numbers of the area; and
  • an accurate delineation of the limits on a map and list of corresponding reference points using geographical information system in an appropriate format as directed by the Secretary.

24. Classification of urban local areas.- (1) Urban local areas delimited under rule 21 shall be classified in the following manner:

  • areas comprising the cities of Bahawalpur, Dera Ghazi Khan, Faisalabad, Gujranwala, Multan, Rawalpindi, Sahiwal Sargodha and the area comprising the entire district of Lahore, shall all be classified as Metropolitan;
  • every urban area with a population of not less than seventy-five thousand as per the last available census or housing a Tehsil headquarters shall be classified as a Municipality; and
  • every urban area with a population of not less than twenty-thousand as per the latest census, other than the urban area housing a Tehsil headquarters, shall be classified as a Town.

(2) Every Municipality shall be further classified in the following manner:

  • a Municipality with a population of not less than two- hundred and fifty thousand as per the last available census shall be classified as a Category ‘A’ Municipality;
  • a Municipality with a population of not less than seventy- five thousand as per the last available census shall be classified as a Category ‘B’ Municipality; and
  • in the like manner, an urban area housing a Tehsil headquarters but with a population of less than seventy- five thousand as per the last available census shall be classified as a Category ‘B’ Municipality.

            (3) Having regards to the provisions of section 15 of the Act, the Government shall constitute a Metropolitan Corporation for each Metropolitan, a Municipal Corporation for each Category ‘A’ Municipality, a Municipal Committee for each Category ‘B’ Municipality and a Town Committee for each Town.

25. Numbering of local areas.- (1) All local areas shall be serially numbered in the interest of better identification of local governments and integration of their vital statistics in the following manner:

  • first two digits of the number shall indicate the district of the local area;
  • the third digit shall indicate the class and designation of the local area that is to say a Metropolitan shall be indicated by 1, Category ‘A’ Municipality by 2, Category ‘B’ Municipality by 3, Town by 4 and a Tehsil by 5; and
  • the fourth and fifth digits shall indicate the number of the local area in accordance with its population as per the last available census starting with the local area with the highest population in its class and designation referred to in clause (b) in the respective district.

(2)       For the purpose of this rule, two digits representing a district shall be as given at the Seventh Schedule.

Illustrations:

  • a Metropolitan in Faisalabad district shall be numbered as 08100;
  • a Category ‘A’ Municipality with highest population as per last available census amongst all Category ‘A’ Municipalities in Gujranwala district shall be numbered as 09201;
  • a Town with third highest population as per last available census amongst all Towns in Okara district shall be numbered as 26403; and
  • a Tehsil with second highest population as per last available census amongst all Tehsils in Bahawalpur district shall be numbered as 03502.

26.       Naming of local areas. (1) Having regards to the provisions of sub- rule (2), an urban local area shall be named after its existing common name.

            (2) Where an urban area is constituted by merging two or more settlements with different common names, it shall be named after the existing common name of the largest of such settlements.

            (3) The local area of a Tehsil shall be named after its name existing in the revenue record and in absence of the same, its common name. Part V – Approval of the Cabinet and Notification of Limits, Classification and Names of Local Areas.

27. Submission of final proposal by Secretary.- Without any unnecessary delay, the Secretary shall, after having reviewed the final proposal under rule 13, or having received a final proposal under rule 18, place it before the Cabinet for decision in accordance with the applicable procedure.

28. Approval of the Cabinet. (1) The Cabinet may approve the proposal submitted by the Secretary under rule 27 in full or in part.

            (2) Where the Cabinet considers that limits, classification, number or the name of a local area has been proposed in contravention of the rules, it may refer the matter to the respective Demarcation Authority for review.

            (3) The Demarcation Authority referred to in sub-rule (2) shall hear the reference after giving a public notice of not less than fifteen days and submit a report to the Secretary.

            (4) Without any unnecessary delay, the Secretary shall place the report received by him under sub-rule (3) before the Cabinet in accordance with the applicable procedure.

            (5) The Cabinet may approve the report received under sub-rule (4) with or without any amendment.

29. Preparation and notification of approved proposal.- (1) Without any unnecessary delay, the Secretary shall prepare the approved proposal by incorporating any amendment ordered by the Cabinet in the final proposal under rule 28.

            (2) The approved proposal shall be published in the official Gazette.

Part VI Miscellaneous

30. Conduct of officials with respect to functions under the rules.- (1) Every Member, Demarcation Authority, Demarcation Officer, Assistant Demarcation Officer or any other official or person acting under or for the purpose of the rules shall:

  • at all times, act in good faith and without fear, favour or prejudice;
  • disclose to the Secretary any conflict of interest in relation to a matter or proceeding brought before him for decision or rendering an opinion and withdraw from the same immediately unless, in the view of the Secretary, his interest in the matter or proceeding is trivial or irrelevant;
  • not use the position or office for private gain or to improperly benefit another person; and
  • not act in a manner that compromises the credibility, impartiality or independence of the office or position held by him.

            (2) A civil servant who contravenes or fails to comply with the provisions of this rule shall be guilty of misconduct within the meanings of the Punjab Employees Efficiency, Discipline and Accountability Act 2006 (XII of 2006) or any other similar law for the time being in force.

Explanation: For the purpose of this rule, a Member, Demarcation Officer, Assistant Demarcation Officer, any other official or person shall be deemed to have a conflict of interest in relation to a matter or proceeding brought before him for a decision or opinion, if:

  • he himself or any of his immediate relatives, or his employer or employee in relation to that matter or proceeding:
  • received or have a reasonable expectation of receiving, a direct or indirect pecuniary or some other benefit, share or interest; or
  • suffered or have a reasonable expectation of suffering, a direct or indirect pecuniary or some other detriment; or
  • reasonably perceived as receiving a direct or indirect pecuniary or some other benefit, share or interest or suffering a direct or indirect pecuniary or some other detriment; or
  • he has professionally acted in relation to that matter or proceeding or any other matter on behalf of any person having therein such share or interest as aforesaid; or
  • he is of the opinion or could be reasonably perceived to have such opinion that the nature of his interest in the matter or proceeding is such that it may conflict with the proper performance of his duties under the rules.

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