PART – VI [CONTRACTS]

To

All the Administrators,
Metropolitan Corporations/Municipal Corporations/Tehsil Councils/Municipal
Committees and Town Committees in the Punjab.

Subject: REQUEST FOR RELIEF IN DEFERMENT OF MONTHLY INSTALLMENTS REGARDING CONTRACT OF GENERAL BUS STAND / RICKSHAW PARKING / CHINGCHI PARKING / SLAUGHTER HOUSE/ADVERTISEMENT FEE OF F.Y 2019-20 ON ACCOUNT OF COVID-19. #

I am directed to refer to the subject noted above and to state that contractors intended to seek relief in the payment of contract / advertisement tax made with the concerned local governments in the Punjab on account of COVID-19 and an agreement settled between contractors ‘concerned local governments had been made after fulfillment of all codal formalities as per law/rules through auction process. Apparently, parties in agreement are fully responsible to abide by the terms and conditions of the agreement made with them.

2. I am further directed to state that the local governments are functioning to regulate signboard and street advertisement in terms of Section 21 read with Third Schedule, Fourth Schedule and Fifth Schedule of the Punjab Local Government Act, 2019. Moreover, as per Section 156 read with Tenth Schedule of act ibid enables local governments to levy and collect taxes/fees. The local governments have option to contract out collection rights of its income for which the demand cannot be raised against Specific person under the Punjab Local Governments (Auction of Collection Rights) Rules, 2016 and rules 14(1)(b) and 15 of the rules ibid provides that:
   Rule 14(1)(b) “Direct the contractor to enter into written agreement.”
   Rule 15. “Besides the other conditions as a local government may decide, the conditions lay down in this chapter shall invariable be part of the terms and conditions
   of the contract.”
3. I am also directed to state that as per rule 29 of the rules ibid states that “The Contractor shall not be entitled to rebate on any ground what so ever.” Further the provisions of contract agreements must be enforced in letter and spirit.
4. This may be treated on priority basis.

SECTION OFFICER (TAX)

PC:

The Chief Corporation Officers/Chief Officers,
Metropolitan Corporations/Municipal Corporations/ Tehsil Councils/Municipal Committees and Town Committees in the Punjab.
PSO to Secretary, LG&CD Department.
PS to Special Secretary, LG&CD Department.
PA to Additional Secretary (LG), LG&CD Department.

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To

All the Administrators,
Metropolitan Corporation, Lahore, Municipal Corporations, Municipal
Committees and District Councils in the Punjab.

I am directed to refer to the subjects noted above and to enclose herewith a copy of Chief Ministers Directive received from Principal Secretary to Chief Minister bearing No.DS(ES)/CMO/19/OT-4/028937 dated 11.10.2019 and a copy of minutes of the meeting held under the chairmanship of the Additional Chief Secretary, Punjab for information and further necessary action within the stipulated period.

Chief Minister has taken serious notice of the overcharging of adda fees from transporters, bus operators and drivers by the contractors of Wagon/Bus Stands of Local Governments. Rule 256 of the Motor Vehicle Rules, 1967 stipulates that exact amount of fees due to be charged from the owners and drivers of the vehicles, shall be displayed conspicuously at each bus stand.

Chief Minister has been pleased to desire the concerned officers/authorities to conduct inspection of all Wagon/Bust Stands and ensure that no such overcharging is made from the drivers, owners and bus operators. It has been further desired that respective Divisional Commissioners shall provide certificates in this regard within a week that no such overcharging is being made in Wagon/Bus Stands falling in their jurisdiction. After one week, special teams will conduct surprise visits and in case any violation is found, concerned officers/officials shall be held personally responsible and strict action will be taken against him/them accordingly.

In pursuance of decisions taken in the meeting held under the chairmanship of the Additional Chief Secretary, Punjab mentioned above, it will be ensured that rate of adda fees are fixed by the District Administration with active involvement of DRTAS as per MVO/MVR for provision of basic facilities to the passengers and no fee for use of lavatories/toilets is charged at any bus stand in the Punjab. In case of violation, strict action should be taken against the adda mafias headed by the transporters and others by the concerned authorities/District Administration.

I am further directed to request you to kindly look into the matter personally and ensure that the requisite certificates/reports as desired by the Chief Minister are furnished to the concerned Divisional Commissioners within a week positively and the Divisional Commissioners may submit the requisite certificates and comprehensive/consolidated reports to this Department at email lgcd.dept@gmail.com on top priority basis for onward submission of the same to the Chief Minister.

MIAN HABIB KHALID HABIB)
DEPUTY SECRETARY (ESTATE & TAX)

PC:
All the Commissioners in the Punjab. They are requested to furnish the requisite certificates and reports to LG&CD Department for onward submission of the same to CM within a week as desired by him.
PSO to Principal Secretary to Chief Secretary w/r to letter No.DS(ES)/CMO/19/OT-4/028937 dated 11.10.2019.
All the Divisional Directors, LG&CD Department in the Punjab. They are directed to coordinate with the concerned LGs in their respective divisions in the matter and submission of the requisite reports through its Administrators to the concerned Commissioners within the stipulated period of one week.
Al| the Chief Officers, Metropolitan Corporation Lahore, Municipal Corporations, Municipal Committees and District Councils in the Punjab. They are directed to coordinate with the concerned Administrators for submission of the requisite reports to the concerned Divisional Commissioners within a week positively.
All Administrators, General Bus Stands in the Punjab for implementation of above-stated directions on priority basis.
PS to Additional Chief Secretary, Punjab w/r to letter No.SO(Staff)ACS/1-20/2018 dated 26.09.2019.
Section Officer (TR-11), Transport Department w/r to his letter No.PS/ME-I/1-34/CMIT-2018 dated 07.10.2019.
PS to Secretary, LG&CD Department.
Section Officer (Coord-II), LG&CD Department w/r to his letter No.SO(C-II)4-2/2018 (LG.Wing) dated 15.10.2019.
Manager/Incharge MIS Cell, LG&CD. He is requested to collect the requisite information to be furnished by Divisional Commissioners of the Punjab and submit the same in consolidated shape to Deputy Secretary (E&T), LG&CD Department on priority basis.

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To

All the Deputy Commissioners in the Punjab

Subject: REGISTRATION OF CONTRACTORS UNDER PUNJAB LOCAL GOVERNMENT (AUCTIONING OF COLLECTION RIGHTS) 2016 #

In continuation of this Department’s ‘letter of even No. dated 14.03.2017 on the subject cited above whereby instructions were issued to register the contractors under rule 17 Of the Punjab Local Government (Auctioning Of Collection Right) Rules, 2016.

2. You are hereby authorized to register the contractors under rule 17 of the Punjab Local Government (Auctioning’ of Collection Right) Rules, 2016 as per instructions / guidelines and deposit the registration fee where other provincial receipts are being deposited.

SECTION OFFICER (TAX)

PC:
All the Mayors, Metropolitan / Municipal Corporations in Punjab
All the Chairmen, District Councils / Municipal Committees in Punjab.