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THE SINDH LOCAL GOVERNMENT (PROPERTY) RULES 2001
Karachi dated the 5th December, 2001.
NOTIFICATION
NO: SLGB/CAO/2001/7479. In exercise of the powers conferred under Section 191 sub section 1 of the Sindh Local Government Ordinance, 2001 read with item No.18 of Vth Schedule thereto , the Government of Sindh are pleased to make the following Rules:-
1. Short title and commencement:
(1) These rules may be called the Sindh Local Government (Property) Rules 2001.
(2) They shall come into force at once.
2. Definitions:
(1) In these rules, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them that is to say.
(a) “Form” means a form appended to these rules.
(b) “” means of Local Government.
(c) “Ordinance” means the Sindh Local Government Ordinance 2001.
3. Property which shall vest in Local Government.
(a) All property ownership of which is declared.
(b) All property which vested in any local Government declared under Section 121 read with Section 180 of Sindh Local Government Ordinance 2001, shall vest in the Local Government concerned.
4. Management and maintenance of property.
(1) All Local Governments shall take such steps as may be necessary to ensure that the property vested in it is managed and maintained in the best interest of the public for the purpose of ordinance and the rules and by- laws there under.
(2) A Local Government may from time to time specify the property that shall be placed under the charge of the various s of that group of officer/officials Local Government and the head of the concerned shall be the incharge of the property placed under the charge of the .
(3) In managing council property the incharge shall exercise the same amount of prudence as he would have exercised if such property had been his own property.
(4) A council shall provide at least 10% of its development budget for the maintenance and repairs of its immovable property regularly.
(5) The incharge of the /office shall be personally responsible for any loss or waste or mis-appropriation of council property placed under this charge.
5. Property development scheme.
(1) The Local Governments as may prepare and get approved from the council a property development scheme which may inter alia provide for;
(a) collection and compilation of particulars of Local Government property, the income accurring there from and the expenditure incurred thereon;
(b) proposals for development including acquisition if any
(c) the financial implications of the proposals including the manner in which the scheme shall be financed.
(d) The period during which the scheme shall be executed and
(e) Such other particular as may be necessary or may be required.
(3) The Local Government shall take such steps as may be necessary to implement the scheme sanctioned as per prescribed procedure.
6. Registration, verification and stock taking of property and the maintenance of maps and plans thereof.
(1) Particulars of all property vested in a council shall be entered.
(a) in the case of movable property in the register to be maintained in Form-1, and
(b) in the case of immovable property in a register to be maintained in Form-II.
(2) Registers under sub-rule 1 shall be maintained by the heads of the in respect of property under their respective control and by the council.
(3) The Local Government shall maintain a map showing among other things the immovable property vesting in the Local Government. A copy of the map shall be kept available at the Local Government office for inspection by the public during the office hours.
(4) For every immovable property vesting in the Local Government there shall be a plan. These plans shall be kept as supplementary volumes the registers maintained under sub-section 2.
(5) During the month of July each year or such other period as may be fixed by the Nazim every head of the shall,
(a) take stock of the movable property under his charge.
(b) Verify the immovable property under his charge and
(c) Submit a report to the Nazim showing the result of such stock taking and verification and the report shall among other matters indicates.
(i) unserviceable articles
(ii) particulars about losses if any fixation of responsibility and recovery of loss from defaulting person.
(iii) cases of misapplication of property if any;
(iv) particulars about the management and maintenance of property during the preceding years and
(v) proposals for development and improvement if any
(6) The report from the various shall be consolidated by the Nazim and the consolidated report shall be placed before the council for such action as may be necessary as required under Section 123 of the Sindh Local Government Ordinance 2001.
(7) All articles declared as unserviceable may be written off under the orders of the Nazim and the list of such articles shall be pulled up to the council for information, and further disposal as required under Section 124 of the Sindh Local Government Ordinance, 2001.
(8) Any loss of property or any mould in connection with the property may be written off.
(a) by Nazim if the amount involved does not exceed Rs.2 lac in the case of City Government and Rs.1 lac in case of Zila Council and Rs.50,000/- in case of Tehsil/Taluka/ Town Municipal Administration and Rs.25,000/- in case of Union Administration.
(b) By the concerned council in other cases.
7. Acquisition of property.
(1) Whenever any land or other immovable property is required by the Local Government for any purpose the ordinance or the rules or by laws there-under the Nazim may take such steps as per Section 125 of Ordinance and acquire such property under the provisions of Sindh Local Government Contract Rules 2001 by agreement or move government for acquisition of the same under the provision of Land acquisition Act, 1894.
8. Alienation of property
Any movable property of the council may be disposed off by sale or otherwise in accordance with the provision of Sindh Local Government (Contract) Rules 2001 by holding open auction as per Section 124 of the Local Government Ordinance, 2001:-
9. Use of Local Government property
(1) A council may specify
(a) the properties movable and immovable the use thereof could be permitted to the public or which could be let on hire and,
(b) the terms and conditions including the charges to be levied for such use or hire.
(2) No property of Local Government whether movable or immovable shall be used by any official the Nazim, Naib Nazim of the Local Government or member of the council except for official purpose.
FORM-1
( See rule-6 (a) )
Register of Movable Property
Sr. No.
Description of Property
Date of purchase
Price
Manner of use
Disposal manner date and price fetched
Remarks
FORM-II
( See rule-6 (b) )
Register of Property
(1) Sr. No. (2) Description of property (3) situation and boundaries (4) area (5) settlement and Jamabandi No. (6) Date of Acquisition (7) Price paid at the time of acquisition (8) Date of Registration (9) Conditions subject to which the property is held (10) Main particulars about the history of the property (11) Improvements made in the property since acquisition (12) Mode of occupation and the purpose for which used (13) If leased give the details of the leased overleaf (14) If any expenditure is incurred on maintenance give the details overleaf (15) Details of encroachments if any, and action taken to remove them (16) Annual verifications given the details overleaf (17) Estimated value of the property (18) Miscellaneous particulars (19) Signature of the incharge.
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