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TALUKA AND TOWN MUNICIPAL ADMINISTRATION
49. Composition of Taluka Municipal Administration.- In every Taluka
there shall be a Taluka Municipal Administration which shall be a
body corporate and consist of a Taluka Nazim, Taluka Municipal
Officer, Taluka Officers, Chief Officers and other officials of the
Local Council Service and officials of the offices entrusted to the
Taluka Municipal Administration.
50. Town Municipal Administration.- (1) In every town in a City
District there shall be a Town Municipal Administration which shall
be a body corporate and consist of the Town Nazim, Town Municipal
Officer, Town Officers, Chief Officers and other officials of the
Local Council Service and officials of the offices entrusted to the
Taluka Municipal Administration.
EXPLANATION.- For the purpose of sections 49 and 50, the expression
‘Chief Officers’ refers to Chief Officers of the dissolved Local
Councils established under Sindh Local Government Ordinance, 1979 (
XII of 1979).
51. Provisions relating to Talukas apply to towns.- The provisions
relating to Taluka Municipal Administration shall, 1[subject to
Section 33 and 36,] mutatis mutandis ,apply to Town Municipal
Administration and, in their application to the town in a City
District, shall have effect as if references therein to the Taluka
Municipal Administration, Taluka Nazim, Taluka Council, Village
Council and Village were references, respectively, to the Town
Municipal Administration, Town Nazim, Town Council, Neighbourhood
Council and Neighbourhood under this Ordinance.
52. Entrustment of certain decentralised offices to Taluka Municipal
Administration.- On commencement of this Ordinance, the functions,
administration and financial management of the offices of Local
Government and Rural Development Department, Public Health
Engineering Department and Housing and Physical Planning Department
at the regional, zonal, circle, divisional, district, Taluka and
lower levels shall stand entrusted to the Taluka Municipal
Administration, alongwith the employees working in these offices:
Provided that the Government may direct for retention of a nucleus
office of Housing and Physical Planning Department with the District
Government for intra-district coordination of Taluka spatial plan:
Provided further that Water and Sanitation Agencies coming under the
control of District Government under sub-section (3) of section 182
functioning in a Taluka shall further be decentralized to the
concerned Taluka Municipal Administration.
Provided also that Water and Sanitation Agency or similar agencies
functioning in a City District and coming under the control of City
District under sub-section (3) of section 182 may further be
decentralised to the City District Administration or, according to
requirements of service delivery, may be decentralised to towns in a
City District.
53. Structure of the Taluka Municipal Administration.- (1) The
Taluka Nazim shall head the Taluka Municipal Administration.
(2) The Taluka Municipal Administration shall include the offices
and sub-offices of the Urban Local Councils established under the
Sindh Local Government Ordinance, 1979 ( XII of 1979), offices and
sub-offices of Local Government and Rural Development Department,
Public Health Engineering Department and Housing and Physical
Planning Department entrusted to it under section 52 for
administrative and financial management thereof and sub-offices and
other offices set-up by it under this Ordinance and grouped under
the Taluka Municipal Officer.
(3) The Taluka Municipal Officer shall act as co-ordinating and
administrative officer in-charge of the following Taluka Officers,
namely:-
(i) Taluka Officer (Municipal Regulations) who shall be responsible
for licensing, management of municipal lands, estates, properties,
facilities and enterprises and enforcement of relevant municipal
laws, rules and bye-laws.
(ii) Taluka Officer (Infrastructure and Services) who shall be
responsible for water, sewerage, drainage, sanitation, roads, other
than Provincial and district roads, streets and street lighting;
fire fighting, park services.
(iii) Taluka Officer (Planning) who shall be responsible for spatial
planning and land use control; building control; and coordination of
development plans and projects with Union Administration, Village
Councils and other local governments.
(iv) Taluka Officer (Finance) who shall be responsible for budget,
revenue and accounts.
(4) The staff of the Taluka Officers referred to in sub-section (3)
shall be appointed from amongst the officials of the decentralised
offices entrusted to Taluka Municipal Administration, Local Council
Service and servants of Local Councils established under the Sindh
Local Government Ordinance, 1979 ( XII of 1979), by the Government
keeping in view the requirements of every Taluka Municipal
Administration.
(5) Notwithstanding the dissolution of Town Committees, Municipal
Committees and Municipal Corporations under this Ordinance, and
until any contrary order is made by the Government or the service
structure of the members of Local Council Service or the servants of
Local Councils is altered, the administrative set-up of such
Committees and Corporations shall remain in tact and continue
providing municipal services and the officers and staff working
therein shall come under the executive control of the Taluka Nazim
through the Taluka Municipal Officer:
(6) The officers and staff working in the dissolved Zila Councils
and Union Councils shall be posted in the offices of such local
governments as may be determined by the Government.
54. Functions and powers of the Taluka Municipal Administration.-
(1) The functions and powers of the Taluka Municipal Administration
shall be to-
(a) prepare spatial plans for the Taluka in collaboration with Union
Councils, including plans for land use, zoning and functions for
which the Taluka Municipal Administration is responsible;
(b) seek approval of the Taluka Council to 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 centres; residential, recreation,
parks, entertainment; passenger and freight transport and transit
stations;
(e) enforce all municipal laws, rules and bye-laws governing its
functioning:
Provided that the Taluka Municipal Administration may, with the
approval of Taluka Council, exempt any Union from application of any
specific provision of the bye-laws made by the Taluka Council under
this Ordinance:
Provided further that the Government may, on the recommendations of
Taluka 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) sewerage, 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
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;
(i) compile information provided by Union and Village Councils of
prioritised projects in the Talukas;
(j) prepare budget, long term and annual municipal development
programmes in collaboration with the Union Councils, under the
directions of Taluka Nazim;
(k) maintain, with the assistance of the District Government, Union
and Village Councils, a comprehensive data base and information
system for Taluka Municipal Administration and provide public access
to it on nominal charges;
1 [(l) 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 Taluka and notify the same
after such approval;]
(m) collect approved taxes, cess, user fees, rates, rents, tolls,
charges, fines and penalties;
(n) organize sports, cultural, recreational events, fairs and shows;
1[(nn) organize cattle forms 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 Taluka
Municipal Administration. 2[ ]
(r) develop and manage schemes, including site development in
collaboration with District Government and Union Administration;
(s) authorise 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;
(t) prosecute, sue and follow up criminal, civil and recovery
proceedings against violators of municipal laws in the courts of
competent jurisdiction;
(u) maintain municipal records and archives; and
(v) prepare financial statements and present them for internal and
external audit in the manner as may be prescribed.
(2) The Taluka Municipal Administration may,-
(a) assign or contract out, on such terms and conditions as are
approved by the Taluka 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 Taluka 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 Taluka 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 Taluka Municipal Administration.
1[54-A Functions and powers of the Town Municipal Administration:
The functions and powers of the Town Municipal Administration shall
be to:
(a) within the framework of the spatial / master plans for the City
District, prepare spatial plans for the Town in collaboration with
Zila and Union Councils including plans for land use, zoning and
functions for which the Town Municipal Administration is
responsible.
(b) enforce, in addition to its own, all municipal laws for and on
behalf of City District Government, if required by such City
district Government at the cost and expense of the latter.
(c) execute and manage development plans for the functions which are
performed by the Town Municipal Administration.
(d) within the framework of the spatial and Master plan for the City
District, exercise control over land use, land sub-division, 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) prevent and remove encroachments;
(f) procure and compile information provided by Union, Village
Councils and neighbourhood councils of prioritized projects in the
towns;
(g) prepare budget and long term and annual town municipal
development programmes in collaboration with the Union councils,
under the directions of Town Nazim;
(h) maintain, with the assistance of the City District Government,
Union, Village and Neighbourhood Councils, a comprehensive data base
and information system for Town Municipal Administration and provide
public access to it on nominal charges;
(i) Propose taxes, cesses, use fees, rates, rents, tolls, charges,
levies fines and penalties under Part-IV of the Second Schedule for
approval of the Town Council and notify the same after such
approval.
(j) Collect taxes, cesses, user fees, rates, rents, tolls charges,
fines and penalties;
(k) organise local sports, cultural and recreational events, fairs
and shows;
(l) organise cattle fairs and cattle markets;
(m) regulate markets and services and issue licenses, permits, grant
permissions and impose penalties for violations thereof as and where
applicable.
(n) Manage properties, assets and funds vested in the Town Municipal
Administration;
(o) Develop and manage schemes, including site development in
collaboration with City District Government and Union
Administration;
(p) provide, manage, operate, maintain and improve the municipal
infrastructure and services, including:
i) water supply distribution other than integrated systems
maintained by or on behalf of the City District.
ii) sewerage system other than an integrated system maintained by or
on behalf of City District excluding sewerage treatment and
disposal;
iii) solid waste collection and conveyance to transfer stations
designated by the Town but excluding treatment and disposal of
waste;
iv) street lighting;
v) fire fighting; and
vi) parks, playgrounds, open spaces and arboricultural, other than
major facility maintained by the City District.
vii) slaughter houses.
q) 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;
r) prosecute, sue and follow criminal, civil and recovery
proceedings against violations of municipal laws;
s) maintain town municipal records and archives; and
t) prepare financial statements and present them for internal and
external audit in the manner as may be prescribed). ]
55. Fiscal transfer to Taluka Municipal Administration.- The Taluka
Municipal Administration shall receive fiscal transfers from the 1[
] Government in the manner as may be prescribed.
56. Taluka Nazim.- (1) The Taluka Nazim shall head the Taluka
Municipal Administration and shall exercise such functions and
powers as have been assigned to him under this Ordinance.
(2) The Taluka Nazim shall be assisted by Taluka Municipal Officer.
(3) The Taluka Nazim shall be responsible to ensure that the
business of the Taluka Municipal Administration is carried out in
accordance with the provisions of this Ordinance and the laws
relating to the municipal services for the time being in force.
57 . Functions of Taluka Nazim.- The functions of Taluka Nazim shall
be-
(a) to provide vision and direction for efficient functioning of the
municipal administration;
(b) to formulate strategies for development of municipal
infrastructure and improvement of delivery of the municipal services
of the Taluka;
(c) to oversee formulation and implementation of long term and
annual municipal development programmes;
(d) to oversee the delivery of services by the Taluka Municipal
Administration and implementation of the laws governing the
municipal services;
(e) to present the budget proposal to the Taluka Council for
approval;
(f) to present a report in person on the performance to the Taluka
Council at least once in six months;
(g) to supervise the utilisation of the funds allocated to the
Taluka Municipal Administration and to ensure their proper
accounting;
(h) to establish and supervise the working of the Internal Audit
Office; and
(i) to represent Taluka Municipal Administration on public and
ceremonial occasions.
58. Taluka Municipal Officer.- (1) The Government shall appoint the
Taluka Municipal Officer who shall be the Principal Accounting
Officer of the Taluka Municipal Administration and shall be the
focal person-
(a) for redressing public complaints relating to Taluka Municipal
Administration; and
(b) for liaising with the District Government and the Local
Government Commission, through the District Government, for
resolution of disputes relating to Taluka Municipal Administration.
(2) The Taluka Municipal Officer shall-
(a) ensure that the business of the Taluka Municipal Administration
is carried out in accordance with this Ordinance and any other law
relating to municipal services for the time being in force;
(b) co-ordinate the municipal activities of the Taluka Municipal
Administration and Union Administrations within the Taluka for
coherent planning and development of municipal infrastructure and
for effective and efficient functioning of the Taluka Municipal
Administration;
(c) exercise general supervision over programmes, projects,
services, and activities of the Taluka Municipal Administration; and
(d) provide information required by the Taluka Council for the
performance of their functions:
Provided that while dealing with the Government, District Government
and Local Government Commission, the Taluka Municipal Officer shall
not bypass the Taluka Nazim.
1["58-A Town or Taluka Officer.- The functions and powers of the
town or Taluka Officer (TO) of the town or Taluka Municipal
Administration shall be to:
ensure that the business of the office under his administrative
control is carried out in accordance with law and the rules and the
human and material resources placed at his disposal are optimally
utilized to improve governance;
(a) co-ordinate and supervise the activities of the office and
ensure efficient service delivery by the functionaries under his
administrative control;
(b) supply information to the Monitoring Committees of the Town or
Taluka Council and Union Councils;
(c) take appropriate corrective actions based on the information
received from Monitoring Committees;
(d) enforce relevant Federal, Provincial and municipal laws and
rules.
(e) prepare development plans and propose budgetary allocations for
their execution;
(f) implement approved plans and policies.
(g) Authorize disbursement of the performance bonuses to the
employees.
(h) Prepare proposals for expenditures necessary for the proper
conduct of programs, projects, services, and other activities.
(i) Propose relevant bye laws on service delivery to the Town or
Taluka Municipal Officer; and
(j) Act as Departmental Accounting Officer for his respective office
and be responsible to the Accounts Committee of the Town or Taluka
Council."]
59. Personal responsibility of Taluka Nazim.- The Taluka Nazim shall
be personally responsible for any loss, financial or otherwise,
flowing from the decisions made by him personally or under his
directions in violation of any provisions of this Ordinance or any
other law for the time being in force and for any expenditure
incurred without lawful authority.
60. Resignation of Taluka Nazim.- The Taluka Nazim may resign from
office by tendering resignation in writing addressed to the Chief
Executive of the Province.
61. Vacancy of the Office of Taluka Nazim.- (1) In case the office
of Taluka Nazim falls vacant for reason of his death, resignation or
removal or, where in the opinion of the Taluka Council, he has
become incapable to perform his functions on account of mental or
physical incapacity, the Naib Taluka Nazim shall act as Taluka Nazim
till an officiating Nazim is appointed under sub-section (6) of
section 156 or a new Taluka Nazim is elected under sub-section (5)
of that section:
Provided that the officiating Taluka Nazim shall not be a candidate
in the election for Taluka Nazim.
(2) Where a Taluka Nazim is unable to perform his functions for
reason of his temporary absence, he may authorise Naib Taluka Nazim,
in writing, to act on his behalf till he resumes his duties.
62. External recall of Taluka Nazim.- (1) If in the opinion of the
Zila Nazim, the continuance in office of a Taluka Nazim is against
the public policy or interest of the people or he is guilty of
misconduct, the Zila Nazim may move a motion in the Zila Council
stating the grounds for the recall of Taluka Nazim.
(2) Where the motion referred to in sub-section (1) is approved
through a resolution passed by a simple majority of the total
membership of the Zila Council, the Election Authority shall cause
such resolution to be voted upon by the members of the Union
Councils in the Taluka.
(3) Where the motion referred to in sub-section (1) is approved by a
simple majority of the total membership of the Union Councils in the
Taluka, the Taluka Nazim shall cease to hold office from the date of
the notification issued by the District Government under sub-section
(4).
(4) The result of the approval of the resolution of the Zila Council
referred to in sub-section (2) and approval of motion referred to in
sub-section (3) by the members of the Union Councils in the Taluka
shall immediately be notified by the District Government in the
official Gazette.
(5) Nothing contained in sub-sections (1) and (2) shall affect the
provisions of section 161 in respect of removal of Taluka Nazim by
the Chief Election Commissioner.
63. Internal recall of a Taluka Nazim.- (1) If in the opinion of a
member of the Taluka Council, there is a reason to believe that the
Taluka Nazim is acting against the public policy or the interest of
the people or is negligent or is responsible for loss of opportunity
to improve governance and the delivery of services, he may, seconded
by another member of the Council, give a notice to move a motion in
the Taluka Council through Naib Taluka Nazim for recall of Taluka
Nazim.
(2) On receipt of notice referred to in sub-section (1), the Naib
Taluka Nazim shall summon a session of the Taluka Council not
earlier than three days but not later than seven days, if the Taluka
Council is not already in session.
(3) Where the Taluka Council is already in session, the motion
referred to in sub-section (1) shall be taken up for deliberations
on the next day from its receipt by the Naib Taluka Nazim;
(4) If the motion referred to in sub-section (1) is approved by
majority of the votes of its total membership through a secret
ballot, the Election Authority shall cause a vote to be cast by the
members of Union Councils in the district.
(5) Where the motion is approved by a simple majority of the members
of Union Councils of the Taluka present and voting, the Taluka Nazim
shall cease to hold office from the date of notification to be
issued in this behalf by the Election Authority.
(6) Where the motion fails in the Taluka Council, the proposer and
seconder of such motion shall lose their seats both as Union Nazims
and members of Taluka Council.
(7) The Taluka Nazim shall have the right to appear before the
Taluka Council and address it in his defence.
(8) No motion for recall of Taluka Nazim shall be moved during the
first six months of assumption of office of Taluka Nazim nor shall
such motion be repeated before the expiry of one year from the
rejection of previous motion.
64. Setting aside an order of Taluka Nazim.- (1) On a motion
initiated by the District Government, the Zila Council may, by a
resolution stating the grounds thereof, passed by a simple majority
of its total membership, set aside an order or decision of general
application taken by Taluka Nazim, if it considers the same to be
against the interest of the people or public policy.
(2) The result of the approval of the resolution of the Zila Council
referred to in sub-section (1) shall be notified by the District
Government.
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