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1. Short title,
extent
and commencement:- (1) This
Ordinance
may be called the Sindh Local Government Ordinance,
2001.
(2)
It extends to the whole of the Province of Sindh other than the
areas notified as cantonments under the Cantonments Act, 1924
(II of
1924), in relation to the matters covered under the said Act.
(3) It shall come into force on the fourteenth day of
August, 2001, except the provisions as contained in section 39
(k),
Chapter XVII and section 196 (1) (ii) of Chapter XIX which shall
come into force on such date or dates as the Government may, by
notification in the official Gazette, appoint:
1[Provided that the order of the Governor in Section 120-D (6)
shall
remain in force as notified.]
2.Definitions.
In this Ordinance, unless there is
anything
repugnant in the subject or context:-
1. [Proviso subs. by Sindh ORD.
No. XLVI of 2002 DT. 23.11.2002 and shall be deemed
to
taken effect on and from 1.7.2002 (Eighth Amendment).
(i) ‘body corporate’ means a body
having perpetual succession and a common seal, with power to
acquire
and hold movable and immovable property, and transfer any
property
held by it, and enter into any contract and may sue and be sued
in
its name;
(ii) ‘budget’ means an official statement of
income
and expenditure for a financial year;
(iii) ‘building’
includes any shop, house, hut, out-house, shed, stable or
enclosure
built of any material and used for any purpose, and also
includes
wall, well, veranda, platform, plinth, ramp and
steps;
(iv)
‘building line’ means a line beyond which the outer face or any
part
of an external wall of a building may not project in the
direction
of any street, existing or proposed;
(v) ‘bye-laws’ means
the
bye-laws made under this Ordinance;
(vi) ‘Council’ means
a
Zila Council, Taluka Council, Town Council, Union Council,
Village
Council and Neighbourhood Council;
(vii) ‘decentralise’
or
‘decentralised’ means conferment by the Government under this
Ordinance of its administrative and financial authority for the
1[operation, functioning and] management of specified offices of
the
Provincial Government to the local
governments;
1[The words inserted by Sindh ORD. No. XIX of 2002 DT.
19.6.2002]
(viii) ‘dependent’ means
wholly or partially dependent parents, spouse, guardians,
children,
step and adopted children;
(ix) disaster’ includes
famine,
flood, cyclone, fire, earthquake, drought, and 1[damage] caused
by
force majeure;
1[The word "damages" replaced as damage, by Sindh ORD. No.
XIX
of 2002 dated 19.6.2002]
(x)
‘district’
means a district notified under the Sindh Land Revenue Act, 1967
(W.P. XVII of 1967), and includes a largely urban district or
districts declared to be City District under this Ordinance;
(xi) ‘drain’ includes a sewer, a house drain or a drain
of
any other description, used for carrying sullage or rain
water;
(xii) ‘elector’ means a person whose name appears
on
the electoral rolls prepared under the Sindh Local Government
Election Ordinance, 2000 (X of 2000);
(xiii)
‘Government’
means the Government of the Sindh;
(xiv) ‘land’ includes
vacant land or on which any structure has been raised or is
being
raised or is covered with water or is under cultivation or is
fallow
or is barren and, in relation to a town improvement scheme,
includes
land as defined in clause (a ) of section 3 of the Land
Acquisition
Act, 1894 (IV of 1894);
(xv) ‘local area’ means an area
specified in Chapter II;
(xvi) ‘local government’
includes-
(a) a District Government or a City District Government and Zila
Council;
(b)
a Taluka Municipal Administration and Taluka
Council;
(c)
a Town Municipal Administration and Town Council; and
(d) a
Union
Administration and Union Council;
(xvii)
1["mal-administration" means and
includes-
(a) an act of omission or commission, a decision, process or
recommendation,
which:
(i) is contrary to the law, rules or regulations or is a
departure
from established practice or
procedure,
or
(ii) arbitrary, biased, discriminatory, oppressive, perverse,
unjust
or unreasonable,
or
(iii) is based on irrelevant grounds,
or
(iv) involves the exercise of powers or the failure or refusal
to do
so, for corrupt or improper
motives, such as administrative excess, bribery in favoritism,
jobbery and
nepotism;
(b) delay, inaction, incompetence, inefficiency, ineptitude or
neglect, in the administration or
discharge
of duties and responsibilities;
or
(c)
repeated notice, prolonged hearings or unnecessary attendance
while
deciding cases;
or
(d)
avoidance of disciplinary action against an officer or official
whose action is held by a
competent
authority to be biased, capricious, patently illegal or
vindictive].
1[Subs. by Sindh ORD. No. XIX of 2002 DT.
19.6.2002.]
(xviii) ‘market’ means a place notified as market
under this Ordinance or any other law for the time being in
force;
(xix) ‘member’ means an elected member of a
Council;
(xx) ‘Deh’ means a revenue estate declared
under
the Sindh Land Revenue Act, 1967 (W.P. Act XVII of
1967);
(xxi) ‘municipal offences’ means the offences
specified in the Fifth Schedule or any other law for the time
being
in force;
(xxii) ‘municipal services’ include, but not
limited to intra-city or intra or inter-town or Taluka network
of
water supply, sanitation, conservancy, removal and disposal of
sullage, refuse, garbage, sewer or storm water, solid or liquid
waste, drainage, public toilets, express-ways, bridges,
flyovers,
public roads, streets, footpaths, traffic signals, pavements and
lighting thereof, public parks, gardens, arboriculture,
landscaping,
billboards, hoardings, fire fighting, land use control, zoning,
master planning, classification, declassification or
reclassification of commercial or residential areas, markets,
housing, urban or rural infrastructure, environment and
construction, maintenance or development thereof and enforcement
of
any law or rule relating thereto;
(xxiii) ‘Naib Nazim’
means
Naib Zila Nazim, Naib Taluka Nazim, Naib Town Nazim, or, as the
case
may be, Naib Union Nazim;
(xxiv) ‘Nazim’ denotes Zila
Nazim,
Taluka Nazim, Town Nazim or, as the case may be, Union
Nazim;
(xxv) “Neighbourhood” means a Mohallah, a group of
streets, lanes or roads, designated by Taluka Municipal
Administration or Town Municipal Administration to be the
Neighbourhood;
(xxvi) ‘peasant’ means a person who is a
landless farm worker or, one who during the period of five years
preceding the year in which election is held, has been the owner
of
not more than five acres of land and depends directly on it for
subsistence living;
(xxvii) 'Prescribed' means prescribed
by
rules made under this Ordinance.
1 [(xxvii-a) Provincial
Director General Audit means an officer of the Auditor General
of
Pakistan nominated for the
purpose;]
1[New clause (xxvii-a) inserted By ORD.
No.
XXXIX of 2001 DT. 27.10.2001 and shall be
deemed always to
have
taken effect from 14.8.2001.]
2 [(xxvii-b) "Provincial
Allocable
Amount" means 3[monies] declared as such for distribution among
Local Governments in accordance with the provisions of the
Ordinance;
2 [New clauses (xxvii-b), (xxvii-c) & (xxvii-d)
inserted by Sindh ORD. No. XIX of 2002 DT. 19.6.2002]
3[Subs. by
Sindh
Ordinance No. XLVI of 2002 dated 23.11.2002 and shall be deemed
to
taken
effect on the 1st day of July, 2002 (Eighth
Amendment).
(xxvii-c) "Provincial
Consolidated
Fund" means the same as described in Article 118 of the
constitution
of the Islamic Republic of Pakistan;
(xxvii-d)
"Provincial
Retained Amount" means the balance of the Provincial
Consolidated
Fund after subtraction of the Provincial allocable amount from
it
.]
(xxviii) ‘public place’ means any building, premise or
place to which the public have access;
(xxix) ‘rent’
means
whatever is lawfully payable in money or kind by a tenant or
lessee
on account of the occupation of any building or land 1[or use of
any
machinery, equipment or
vehicle;]
1[The words inserted
by
ORD. No. XIX of 2002 dated 19.6.2002]
(xxx) ‘street line’ means a line dividing the
land
and forming part of a street from adjoining land;
(xxxi)
‘tax’ includes any cess, fee, rate, toll or other impost
leviable
under this Ordinance;
(xxxii) ‘Taluka’ means a Taluka
notified under the Sindh Land Revenue Act, 1967 (W.P. Act XVII
of
1967);
(xxxiii) ‘Taluka Municipal Administration’
includes
the Taluka Nazim and the officials and employees of the Taluka
Municipal Administration specified in section 49;
(xxxiv)
‘town’ means an area notified by the Government under section 9
to
be a town in a City District;
(xxxv) ‘Town Municipal
Administration’ includes the Town Nazim and the officials and
employees of the Town Municipal administration specified in
section
50;
(xxxvi) ‘Union’ means a local area notified under
section
6 to be a union under this Ordinance;
(xxxvii) ‘Union
Administration’ includes the Union Nazim, Union Naib Nazim, the
Union Secretaries, and other Union employees;
(xxxviii)
‘Village’ means an integrated and contiguous human habitation
commonly identified by a name and includes a dhok, chak, killi,
goth, gaown, basti or any other comparable
habitation;
(xxxix) ‘water reservoir’ includes a spring,
well, tube well, pond, tank, water course, culvert, and any
channel
used for supplying water other than canal, river, lake or
stream;
(xi) ‘work’ includes a survey, whether incidental
to
any other work or not; and
(xii) ‘worker’ means a person
directly engaged in work, or is dependent on personal labour,
for
subsistence living and includes a worker as defined in the
Industrial Relations Ordinance, 1969 (XXIII of
1969).
3. Ordinance to over-ride other
laws:- The
provisions of this Ordinance shall have effect notwithstanding
anything contained in any other law for the time being in
force.
4. Local Governments to
work
within Provincial framework:-
Local Governments to work within Provincial
framework.-
(1) The local
governments
established under this Ordinance shall function within the
Provincial framework
and
adhere
to the Federal and Provincial
laws.
(2) In performance of their functions, the local governments
shall
not impede or prejudice the exercise
of
the executive authority of the Government.
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