|
Functions and
powers of the Tehsil Municipal Administration.
The functions
and powers of the Tehsil Municipal Administration, according
to the PLGO 2001, shall be to:
(a) prepare
spatial plans for the tehsil in collaboration with Union Councils,
including
plans for land use, zoning and functions for which the
Tehsil
Municipal
Administration is responsible;
(b)
seek approval of the Tehsil Council for the spatial plans
prepared by it
after
due process of dissemination and public enquiry, incorporating
modifications on the basis of such inquiry;
(c) execute
and manage development plans;
(d)
exercise control over land-use, land-subdivision, land development
and zoning by public and private sectors for any purpose,
including for
agriculture, industry, commerce markets, shopping and other
employment
centers, residential, recreation, parks, entertainment, passenger
and
transport freight and transit stations;
(e)
enforce all municipal laws, rules and bye-laws governing
its functioning:
Provided that the Tehsil Municipal Administration may, with
the approval
of Tehsil Council, exempt any Union from application
of any specific
provision
of the bye-laws made by the Tehsil Council under this Ordinance:
Provided further that the Government may, on the recommendations
of
Tehsil
Municipal Administration through District Government, exempt
any
Union or
a part thereof from the application of rules relating to land
use,
building
control, tax on property or in any other matter dealing with
municipal
services:
Provided also that such exemption shall not extend to any
organised housing
schemes, zoning of industrial and commercial areas, and matters
concerning
environmental protection;
(f)
prevent encroachments;
(g) regulate
affixing of sign-boards and advertisements;
(h) provide,
manage, operate, maintain and improve the municipal infrastructure
and services, including
(i)
water supply and control and development of water sources,
other than
systems maintained by the Union and Village Councils;
(ii)
sewage and sewage treatment
and disposal;
(iii)
storm water drainage;
(iv) sanitation
and solid waste collection and sanitary disposal of
solid, liquid,
industrial and hospital wastes;
(v) roads
and streets, other than roads falling under the jurisdiction
of, and
maintained by the District Government, and streets maintained
by the Union Administration or Village Council;
(vi)
traffic planning, engineering and management including traffic
signalling
systems, signs on roads, street markings, parking places,
transport stations,
stops, stands and terminals;
(vii)
street lighting;
(viii)
fire fighting;
(ix)
parks, playgrounds, open spaces and arboriculture; and
(x)
slaughter houses;
(i)
compile information provided by Union and Village Councils
of prioritized projects
in
the tehsils;
(j) prepare
budget, long term and annual municipal development programmes
in
collaboration
with the Union Councils, under the directions of Tehsil Nazim;
(k) maintain,
with the assistance of the District Government, Union and
Village
Councils,
a comprehensive data base and information system for Tehsil
Municipal
Administration
and provide public access to it on nominal charges;
(1) propose
taxes, cesses, user fees, rates, rents, tolls, charges, surcharges,
levies, fines
and
penalties under Part-III of the Second Schedule for approval
of the Tehsil
Council
and notify the same after such approval; and
(m) collect
approved taxes, cess, user fees, rates, rents, tolls,
charges, fines and
penalties;
(n) organize
sports, cultural, recreational events, fairs and shows;
(nn)
organize cattle fairs and cattle Markets;
(o) co-ordinate
and support municipal functions amongst Unions and Villages
(p) regulate
markets and services and issue licenses, permits, grant permissions
and
impose
penalties for violation thereof as and where applicable;
(q) manage
properties, assets and funds vested in the Tehsil Municipal
Administration;
(r)
develop and manage schemes, including site development
in collaboration with
District Government and Union Administration;
(r) 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;
(s)
prosecute, sue and follow up criminal, civil and recovery
proceedings against
violators of municipal laws in the courts of competent jurisdiction;
(t) maintain
municipal records and archives; and
(u) prepare
financial statements and present them for internal and
external
audit in the manner as may be prescribed.
(2) The
Tehsil Municipal Administration may,
(a) assign
or contract out, on such terms and conditions as are approved
by the Tehsil
Council
and after inviting public objections, any of its functions
to any public-private,
public
or private organization:
Provided
that responsibility for discharge of such functions shall
continue to vest
with
the Tehsil Municipal Administration.
(b) on
such terms and conditions as are mutually agreed, transfer
its functions or
responsibilities
with regard to providing municipal services to the Union
Administration
or Village Council:
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 Tehsil Municipal Administration.
(c) by
an agreement and on such terms and conditions as may be mutually
agreed,
perform
any function of the District Government;
(d)
with funds raised through voluntary contributions
or external grant, but without
recourse
to additional enhanced taxation, user charges or fees or recourse
to any
other
sources of public funds and without incurring debt of any
nature, undertake any
development
project;
(e) with
the approval of the Government and concerned regulatory authorities
of the
Federal
Government and Provincial Government, set-up, acquire, manage
and operate
any
commercial activity on a self-financing basis with no liability
to the public
exchequer;
and
(f) set-up
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 Tehsil Municipal Administration.
|
(According to the Punjab Local Government Ordinance,
2001).
Definitions:
PART A-GENERAL
- Organization of Tehsil/Town Offices.-
(1) Each
Tehsil/Town Office shall consist of Tehsil/Town Officers and such
officials as the Government may determine.
(2) The Tehsil/Town
Municipal Officer, shall, by means of a standing order and with the
approval of the Tehsil/Town Nazim, distribute the work among the
officers, branches and sections of each Tehsil Office.
(3) The duty
lists of all the officials in Tehsil/Town Municipal Administration shall
be prepared and compiled in the form of a booklet by Tehsil/Town
Municipal Officer for ready reference. A copy of the same shall be
submitted to the Tehsil/Town Nazim and other concerned officers.
(4) The duty
lists shall be reviewed by the Tehsil/Town Officer and the Chief Officer
on yearly basis for identifying redundant Jobs in the office concerned
and issue revised lists if deemed necessary. The Tehsil/Town Officer or
the Chief Officer on the basis of the review carried out under sub-rule
(4), may recommend reduction of posts or otherwise in the annual budget
of his office.
(5) If in the
opinion of the Tehsil/Town Officer or the Chief Officer, new posts are
required in an office under his jurisdiction, he shall submit a detailed
justification for creation of such new posts along with the budget
proposal.
(6) The Tehsil/Town
Municipal Officer shall supervise the work assigned to the offices,
branches and sections of each Tehsil/Town Office as well as CO Units
under his control.
(7) In the
absence of the Tehsil/Town Municipal Officer for any reason, the Tehsil/Town
Nazim may assign the charge of the post of the Tehsil/Town Municipal
Officer to any Tehsil/Town Officer or Chief Officer of the Tehsil/Town
Municipal Administration: Provided that in the event of absence of the
Tehsil/Town Municipal Officer due to his transfer the case for posting
of a regular Tehsil/Town Municipal Officer shall be initiated without
any delay.
- Functions and powers of the Tehsil/Town Nazim.-
(1) The Tehsil/Town
Nazim shall-
(a) be the head of
Tehsil/Town Municipal Administration and shall perform such functions
and exercise such powers as have been assigned to him under the
Ordinance and these rules;
(b) be responsible
for co-ordination of all policy matters;
(c) have the powers
to call for any case or information from any Tehsil/Town Office;
(d) keep informed
the District Government on matters related to local taxation;
(e) furnish such
information relating to administration of affairs of Tehsil/Town as the
Government and District Government may call for;
(f) communicate to
the Government all important issues including administration,
development, planning and taxation; and
(g) enforce the
policies of the Government.
(2) No order
shall be issued without the approval of the Tehsil/Town Nazim in cases
enumerated in Schedule-II.
(3) The cases
enumerated in Schedule-III shall be submitted to the Tehsil/Town Nazim
for his information. The Tehsil/Town Nazim may require any other case to
be submitted to him for information.
(4) Decisions
taken by the Tehsil/Town Nazim shall not be varied, reversed or
infringed without consulting him.
(5) The Tehsil/Town
Nazim shall ensure that the business of the Tehsil/Town Municipal
Administration is carried out in accordance with the provisions of the
Ordinance and other laws for the time being in force.
(6) In the
case of Provincial Government employees, the Tehsil/Town Nazim shall in
consultation with the Government initiate action in accordance with the
provisions of the relevant Efficiency and Discipline Rules against those
officers and employees who have been reported to be inefficient,
undisciplined or corrupt by a Monitoring Committee.
- Functions and powers of the Tehsil/Town
Municipal Officer.-
In addition to the duties and functions assigned to
him under any other provisions of the Punjab Local Government Ordinance,
2001, (XIII of 2001) and these rules, the Tehsil/Town Municipal Officer
shall-
(a) be the
Principal Accounting Officer of the Tehsil/Town Municipal Administration
and shall be the focal person in the Tehsil/Town Municipal
Administration;
(b) co-ordinate the
activities of all Tehsil/Town Offices and shall be responsible for
execution of sanctioned policy relating to the Tehsil/Town Municipal
Administration;
(c) have the powers
to call for any case or information from any Tehsil/Town Office;
(d) where the
Tehsil/Town Nazim’s orders appear to involve a departure from rules,
regulations or Government policy, resubmit the case to the Tehsil/Town
Nazim inviting his attention to the relevant rules, regulations or
Government policy and if the Tehsil/Town Nazim still disagrees with the
Tehsil/Town Officer, refer the case through District Coordination
Officer to the Provincial Local Government Commission for decision with
a copy to the Tehsil/Town Nazim; and
(e) in matters of
policy and important decisions, the Tehsil/Town Municipal Officer shall
obtain approval of the Tehsil/Town Nazim before communicating such
matters and decisions to the Government.
- Duties and functions of Tehsil/Town Officers.-
(1) A Tehsil/Town
Officer, in addition to the provisions of the Punjab Local Government
Ordinance, 2001 (XIII of 2001), shall-
(a) assist the
Tehsil/Town Municipal Officer in formulation of policy and bring the
cases to the notice of the Tehsil/Town Municipal Officer which are
required to be submitted to the Tehsil/Town Nazim under these rules;
(b) duly execute
the sanctioned policy;
(c) exercise
general supervision over programmes, projects, services and activities
of the office under his control;
(d) submit all
proposals for taxation find the bye-laws to the Tehsil/Town Council
through thc Tehsil/Town Municipal Officer and Tehsil/Town Nazim;
provided the taxation proposals shall be scrutinized by the Tehsil/Town
Officer (Finance) before submission to Tehsil/Town Municipal Officer and
Tehsil/Town Nazim;
(e) be responsible
to the Tehsil/Town Municipal Officer for the proper conduct of the
business of the Tehsil/Town Office:
(f) subject to any
general or special order of Government in this behalf, issue standing
orders specifying the cases or other classes of cases which may be
disposed of by an officer subordinate to the Tehsil/Town Officer; and
(g) be responsible
for the careful observance of these rules in Tehsil/Town Offices under
his control.
(2) While
submitting a case for the orders of the Tehsil/Town Nazim or Tehsil/Town
Municipal Officer, it shall be duty of the Telisil/Town Officer to
suggest a definite line of action. |
| |
|
SCHEDULE I
|
| |
|
Tehsil / Town Office
|
Allocated Business
|
|
Municipal Regulation
|
1.
Regulate markets and service;
2.
Issue licenses, permits, grant permissions and impose penalties
for violalion thereof as and when applicable;
3.
Management of municipal lands, estates,
properties, facilities, assets and enterprises vested in the
Tehsil/Town Municipal Administration;
4.
Enforcement of all municipal laws, rules
and byelaws governing the functioning of Tehsil/Town Municipal
Administration;
5.
Prevention of encroachments on public
lands and places;
6.
Prosecute, sue and follow up criminal, civil and recovery
proceedings against violators of municipal laws in the courts of
competent jurisdiction; and
7.
Regulate affixing of signboards and
Advertisements; |
|
Infrastructure & Services
|
1.
Provision, management, operation, maintenance and improvement of
the municipal infrastructure and services, including:
(i)
Water supply and control and development
of water resources, other than systems maintained by
the Union and Village Councils;
(ii)
Sewage and sewage treatment and disposal;
(iii)
Storm water drainage;
(iv)
Sanitation and solid waste collection and
sanitary disposal of solid, liquid, industrial and
hospital wastes;
(v)
Roads and streets, other than roads
falling under the jurisdiction of, and maintained
by, the district government, or provincial government and
streets maintained by the Union Administration or
Village Council;
(vi)
Traffic planning engineering and
management including traffic signaling systems,
signs on roads, street markings, parking places,
transport stations, stops, stands and terminals;
(vii)
Street lighting;
(viii)
Fire fighting;
(ix)
Parks, playgrounds, open spaces and
arboriculture; and
(x)
Slaughter houses.
2.
Organize sports, cultural, recreational
events, fairs and shows.
3.
Organize cattle fairs and cattle markets;
4.
Coordinate and support municipal functions
amongst Unions and Villages.
|
|
|
1. Prepare spatial
plans for the tehsil/town in collaboration with Union
Administrations including plans for land use, zoning and
functions for which tehsil/town administration is
responsible;
2. Exercise
control over land use, land sub-division, land development
and zoning by public and private sectors for any purpose
including agriculture, industry, commerce, markets, shopping
and other employment centers, residential, recreation,
parks, entertainment, passenger and transport freight and
transit stations;
3. Building
control;
4. Execute and
manage development plans;
5. Develop and
manage schemes including site development in collaboration
with District Government and Union Administrations;
6. Compile
information provided by Union and Village Councils of
prioritized projects in the tehsil/town; and
7. Maintain
municipal records and archives.
|
|
Finance
|
1. Prepare budget,
long-term and annual municipal development programmes in
collaboration with the Union Administrations under the
directions of Tehsil/Town Nazim;
2. Propose taxes,
cess, user fees, rates, rents, tolls, charges, fines and
penalties under Part II of the Second Schedule of the Punjab
Local Government Ordinance, 2001 (XIII of 2001) for approval
of the Tehsil Council and notify the same after such
approval;
3. Collect
approved taxes, cess, user fees, rates, rents, tolls,
charges, penalties and fines;
4. Management and
control of local fund;
5. Prepare
financial statements and present them for internal and
external audit in the manner as may be prescribed;.
6. Maintenance of
accounts; and
7. Maintain with
the assistance of the District Government, Union and Village
Councils, a comprehensive database and information system
for tehsil/town municipal administration and provide public
access, to it on nominal charges.
|
|
|