GOKP-2013-Khyber-Pakhtunkhwa-Local-Government-Act-2013-Print-Version

Khyber Pakhtunkhwa Local Government Act, 2013SCHEDULES ..............................................................................................Page #FIRST SCHEDULE............................................................................................. 74SECOND SCHEDULE........................................................................................ 77THIRD SCHEDULE ............................................................................................ 80FOURTH SCHEDULE ........................................................................................ 84FIFTH SCHEDULE ............................................................................................. 88SIXTH SCHEDULE ............................................................................................ 93SEVENTH SCHEDULE ...................................................................................... 95ANNEXURE........................................................................................................ 99*****

Khyber Pakhtunkhwa Local Government Act, 2013EXTRA ORDINARYGOVERNMENTREGISTERED NO. P.IIIGAZETTEKHYBER PAKHTUNKHWAPublished by AuthorityPESHAWAR, THURSDAY, 7TH NOVEMBER, 2013.PROVINCIAL ASSEMBLY SECRETARIATKHYBER PAKHTUNKHWANOTIFICATIONDated Peshawar the 7 th November 2013.No. PA/Khyber Pakhtunkhwa/Bills/2013/10518. –The KhyberPakhtunkhwa local Government Bill. 2013 having been passed by theprovincial Assembly of Khyber Pakhtunkhwa on 31 st October 2013 ishereby published as an Act of the Provincial Legislature of the KhyberPakhtunkhwa.THE KHYBER PAKHTUNKHWA LOCAL GOVERNMENT ACT, 2013(KHYBER PAKHTUNKHWA ACT NO.XXVIII OF 2013)(First published after having received the assent of the Governor of theKhyber Pakhtunkhwa in the Gazette of the Khyber Pakhtunkhwa(extraordinary), dated the 7 th November, 2013)381Page 1

Khyber Pakhtunkhwa Local Government Act, 2013AnActto construct and regulate local government institutions in theProvince of the Khyber Pakhtunkhwa and to consolidate lawsrelating to these institutions and to provide for matters connectedtherewith and ancillary thereto.WHEREAS it is expedient to encourage localgovernment institutions composed of elected representativesand having special representation of peasants, workers, women,minorities and youth;AND WHEREAS clause (i) of Article 37 of theConstitution of the Islamic Republic of Pakistan, as a principle ofpolicy, requires decentralization of government administration soas to facilitate expeditious disposal of its business to meet theconvenience and requirements of the public;AND WHEREAS clause (1) of Article 140A of theConstitution of the Islamic Republic of Pakistan, provides forestablishment of a local government system and devolution ofpolitical, administrative and financial responsibility and authorityto the elected representatives of the local governments;AND WHEREAS for the purposes aforesaid it isnecessary to re-organize the local government system in theprovince of the Khyber Pakhtunkhwa and consolidate lawsrelating to these institutions;It is hereby enacted as follows:Page 2

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – IINTRODUCTION1. Short title, extent and commencement.---(1) This Actmay be called the Khyber Pakhtunkhwa Local Government Act,2013.(2) It extends to the whole of the province of theKhyber Pakhtunkhwa except, areas notified as cantonments orany other area excluded by Government through notification inthe official Gazette.(3) It shall come into force on such date asGovernment may, by notification appoint, and different datesmay be appointed for different provisions of this Act.2. Definitions.---In this Act, unless the context otherwiserequires,-(a)(b)(c)(d)(e)“building” includes any shop, house, hut, outhouse,shed, stable or enclosure built of anymaterial and used for any purpose, and alsoincludes a wall, well, verandah, platform, plinth,ramp, stair-case and steps;“building line” means a line beyond which theouter face or any part of an external wall of abuilding may not project in the direction of anystreet, existing or proposed;“cattle” includes cows, buffaloes, bulls, oxen,bullocks, calves, camels, heifers, sheep andgoats;“conservancy” means the collection, treatment,removal and disposal of refuse;“devolution” means conferment by Government ofits administrative and financial authority for theoperation, management and control of specifiedoffices of Government to the local governments;Page 3

Khyber Pakhtunkhwa Local Government Act, 2013(f)(g)“district” means a revenue district notified underthe West Pakistan Land Revenue Act, 1967 (W.P.Act No. XVII of 1967);“drain” includes a sewer, a house drain, a drain ofany other description, a tunnel, a culvert, a ditch, achannel or any other device for carrying sullage orrain water;(h) “erect or re-erect a building” means theconstruction of a new building and includes suchmaterial alterations of building as enlargement ofany wall, verandah, fixed platform, plinth or a partof the building, structural conversion into one ormore places for human habitation of a building notoriginally meant for the purpose, structuralconversion of two or more places of humanhabitation into a greater number of such places,addition of any rooms, building substance or otherstructure to a building, re-construction of whole orany part of the external walls of a building or therenewal of the parts of a wooden building,construction in a wall adjoining any street or landnot belonging to the owner of the wall,construction of a door opening to such street orland, such alteration of the internal arrangementsof a building as affects its drainage, ventilation orother sanitary arrangements or its security orstability;(i)(j)(k)“factory” means a factory as defined in “TheKhyber Pakhtunkhwa Factories Act, 2013 (Act No.XVI of 2013)”;“Government” means the Government of KhyberPakhtunkhwa;“land” includes land which is being build up or isbuilt up or is covered with water or is undercultivation or is fallow;Page 4

Khyber Pakhtunkhwa Local Government Act, 2013(l) “local area” means an area specified inChapter-II;(m)(n)“local council” means a District Council, TehsilCouncil, Town Council, Village Council or, as thecase may be, Neighbourhood Council;“mal-administration” means and includes-(i)(ii)(iii)(iv)(v)an omission or commission, a decision,process or recommendation, which iscontrary to law, rules, or regulations or is adeparture from established practice orprocedure or is arbitrary, biased,discriminatory, oppressive, perverse, unjustor unreasonable or is based on irrelevantgrounds; orinvolves the exercise of powers or thefailure or refusal to do so, for corrupt orimproper motives, such as administrativeexcess, bribery, favoritism, jobbery andnepotism; ordelay, inaction, incompetence, inefficiency,ineptitude or neglect in the administrationor discharge of duties and responsibilities;orrepeated notices, prolonged hearings orunnecessary attendance while decidingcases; orvoidance of disciplinary action against anofficer or official whose action is held by acompetent authority to be biased,capricious, patently illegal or vindictive;(o)“market” means a place where persons assemblefor the sale and purchase of meat, fish, fruit,vegetables or any other article of food or for thesale and purchase of livestock or animals andPage 5

Khyber Pakhtunkhwa Local Government Act, 2013includes any place which may, from time to time,be notified as market;(p)(q)“mauza” means a revenue estate declared underthe West Pakistan Land Revenue Act, 1967 (W.P.Act XVII of 1967);“misconduct” means transgression of prescribedcode of conduct or dereliction from duty ordeliberate unlawful behavior or violation of law orrules or lawful directions or orders of Governmentand includes-(i)(ii)gross negligence in performance of dutieswith manifest wrongful intent or evil design;oran act that results in wrongful gain to anyperson by wrongful application of law; or(iii) making or managing appointment,promotion or transfer of an officer or officialin violation of law or rules or for extraneousconsideration; or(iv) bribery, corruption, robbery, favoritism,nepotism or willful diversion of the fund ofthe local government;(r)“municipal services” include intra-city network ofwater supply, sanitation, conservancy, removaland disposal of sullage, refuse, garbage, sewer orstorm water, solid or liquid waste, drainage, publictoilets, express ways bridges, flyovers, publicroads, streets, foot paths, traffic signals,pavements and lighting thereof, public parks,gardens, arboriculture, landscaping, bill boards,hoardings, fire fighting, land use control, zoning,master planning, classification, declassification orreclassification of commercial or residential areas,markets, housing, urban or rural infrastructure,environment and construction, maintenance orPage 6

Khyber Pakhtunkhwa Local Government Act, 2013development thereof and enforcement of any lawor rule relating thereto;(s)(t)(u)(v)(w)“Neighbourhood” means a mohallah, a group ofstreets, lanes or roads, in areas with urbancharacteristics, designated as Neighbourhood byGovernment;“nuisance” includes any act, omission, place orthing which causes or is likely to cause injury,danger, annoyance or offence to the sense ofsight, smell or hearing or which is or may bedangerous to life or injurious to health or property;“peasant” means a person who is a landless farmworker or, one who during the period of five yearspreceding the year in which election is held, hasbeen the owner of not more than five acres of landand depends directly on it for subsistence living;“prescribed” means prescribed by rules;“prohibited zone” means any area or areas withina district declared as prohibited zone by a publicnotice by the concerned district government for thepurposes of this Act;(x) “province” means the province of KhyberPakhtunkhwa;(y) “refuse” includes rubbish, offal, night-soil,carcasses of animals, deposits of sewerage,waste and any other offensive matter;(z)“rent” means whatever is by law payable in moneyor kind by a tenant or lessee on account of theoccupation of any building or land or use of anymachinery, equipment or vehicle;(aa) “rules” means rules made under this Act;(bb) “schedules” mean schedules appended to this Act;Page 7

Khyber Pakhtunkhwa Local Government Act, 2013(cc)“specify” means specified by Standing Orders ofGovernment;(dd) “street line” means a line dividing the landcomprised in, and forming part of a street from theadjoining land;(ee) “sullage” includes sewerage, polluted water, rainwater and any other offensive matter carried by adrain;(ff)“tax” includes any cess, fee, rate, toll or othercharge leviable under this Act;(gg) “tehsil” means a Tehsil notified under the WestPakistan Land Revenue Act, 1967 (W.P. Act No.XVII of 1967);(hh) “town” means an area notified by the Governmentunder section-9 to be a Town in a City District;(ii)(jj)“village” means an integrated and contiguoushuman habitation commonly identified by a nameand includes a Dhok, Chak, Kalay, Goth, Gaown,Deh, Basti or any other comparable habitation;“worker” means a person directly engaged in workor is dependent on personal labour for subsistenceliving and includes a worker as defined in theKhyber Pakhtunkhwa Industrial Relations Act,2010 (Act No. XVI of 2010).3. Local governments to work within the provincialframework.---(1) The local governments established under thisAct shall function within the provincial framework and shallfaithfully observe the federal and provincial laws.(2) In the performance of their functions, the localgovernments shall not impede or prejudice the exercise of theexecutive authority of Government.Page 8

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – IILOCAL AREAS AND CONSTITUTION OF LOCALGOVERNMENTS4. Local areas for local governments.---For the purposeof this Act Village, Neighbourhood, Tehsil, Town, District andCity District shall be local areas for local governments.5. Constitution of local governments.---(1) Subject toother provisions of this Act, local governments constituted underthis Act shall be:(a)(b)(c)(d)(e)(f)a City District Government for district Peshawar;a District Government for a district other thanPeshawar;a Tehsil Municipal Administration for a Tehsil;a Town Municipal Administration for a Town in theCity District;a Village Council for a village in the rural areas;anda Neighbourhood Council for a Neighbourhood inareas with urban characteristics.(2) Government may, by notification in officialGazette, specify the name by which a local government shall beknown and unless so specified, it shall be known as the localgovernment of the place where its office is situated.(3) Save as otherwise provided in this Act, everylocal government shall be competent to acquire, hold or transferany property, movable and immovable, to enter into contract andto sue or be sued in its name, through officer designated in thisregard.(4) Government shall prescribe rules of business forlocal governments notifying structure and working of localgovernment administration, groups of offices, allocation ofPage 9

Khyber Pakhtunkhwa Local Government Act, 2013business, appointment, posting, promotion and transfer ofofficers and officials, performance evaluation, channels ofcommunication, coordination of local council business,consultation between offices and incidental matters for smoothand efficient disposal of official business.6. Delimitation of Village Council and NeighbourhoodCouncil.---(1) A village council shall be an area comprising oneor more muaziaat or, in the case of an area where revision ofsettlement under the law has not been taken, one or morecensus villages;(2) In the case of an area with urban characteristics,a neighbourhood council shall be an area comprising a wholenumber of population census blocks as delimited for the purposeof last preceding census or a combination of whole number ofcensus blocks and a whole number of muaziaat, notified as suchby Government:Provided that, as far as may be,-(a)(b)(c)the area of a village and neighbourhood councilshall be a territorial unity;the boundaries of a village and neighbourhoodcouncil shall not cross the limits of a tehsil;the area of a village council shall comprise awhole number of patwar circles, or a patwar circlemay contain a number of whole village councils;(d) the area of a neighbourhood council shallcomprise a whole number of census blocks asdelimited for the purpose of the precedingpopulation census or a whole number of muaziaator a combination of a whole number of censusblocks and muaziaat; and(e)the population of village and neighbourhoodcouncil within a district shall range between 2,000to 10,000 calculated on the basis of last precedingpopulation census officially published:Page 10

Khyber Pakhtunkhwa Local Government Act, 2013Provided further that in a specific case,Government may, for reasons to be recorded,waive the aforesaid conditions.7. Delimitation of Tehsils and Districts. ---Governmentshall, by notification in the official Gazette, declare tehsils anddistricts notified under the West Pakistan Land Revenue Act,1967 (W.P. Act XVII of 1967), to be tehsils or, as the case maybe, districts under this Act.8. Provisions of District apply to City District.---Save asotherwise provided in this Act, the provisions relating to Districtshall, mutatis mutandis, apply to City District and any referencein these provisions to Nazim District Council, Naib Nazim DistrictCouncil, District Government and District Council shall,respectively, be read as reference to Nazim City District Council,Naib Nazim City District Council, City District Government andCity District Council respectively.9. Setting up of a Town.---(1) Government may, bynotification in the official Gazette, declare a whole number ofcontiguous village councils and neighbourhood councils to be atown in the city district under this Act.(2) Government shall, by notification in the officialGazette, declare every Town referred to in sub-section (1) to bea Tehsil or Sub-division for the purpose of this Act.(3) Save as otherwise provided in this Act, theprovisions relating to Tehsil shall, mutatis mutandis, apply toTown and any reference in these provisions to Nazim TehsilCouncil, Naib Nazim Tehsil Council, Tehsil MunicipalAdministration and Tehsil Council shall, respectively, be read asreference to Nazim Town Council, Naib Nazim Town Council,Town Municipal Administration and Town Council.10. Delimitation Authority and principles ofdelimitation.---(1) Government shall, by notification in the officialGazette, constitute a Delimitation Authority for delimitation ofvillage councils, neighbourhood councils and territorial wards forgeneral seats to tehsil, town and, as the case may be, districtPage 11

Khyber Pakhtunkhwa Local Government Act, 2013councils.(2) All wards for general seats shall, as far aspracticable, be delimited having regard to the distribution ofpopulation in geographically compact areas, existing boundariesof administrative units, facilities of communication and publicconvenience and other cognate factors to ensure homogeneity inthe creation of wards.(3) As far as may be, the wards for elections to thesame council shall be equal among themselves in population.CHAPTER – IIIDISTRICT GOVERNMENT11. Composition of District Government.---(1) In everydistrict, there shall be a district government which shall consist ofa district council and district administration made up of thedevolved offices.(2) Executive Authority of district government shallvest in Nazim, district council and he/she shall be responsible toensure that the business of the district government is carried outin accordance with this Act and other laws for the time being inforce.12. Devolution and grouping of office s.---(1) Oncommencement of this Act, the organization, functions,administration and financial management of local councils in theprovince shall come under the administrative and financialcontrol of the successor local governments as provided insection 121 of this Act.(2) On the commencement of this Act, theadministrative and the financial authority for the management ofthe offices of Government, specified in the first Schedule in aDistrict shall stand devolved to the District Government of thatDistrict.(3) The Government may, in addition to the officesspecified in sub-section (2), setup other offices specified in Part-Page 12

Khyber Pakhtunkhwa Local Government Act, 2013B of the First Schedule in the city district.13. Authority and responsibility of District Government.---(1) The authority of district government shall comprise theoperation, management and control of offices of the departmentswhich are devolved to it; provided that district government shallexercise such authority in accordance with general policy ofGovernment.(2) Every order in district government shall beexpressed to be made in the name of the district governmentand shall be executed by a duly authorized officer.(3) The district government shall be responsible tothe people and the Government for improvement of governanceand delivery of services within the ambit of authority devolved toit.14. Functions and Powers of the Nazim, DistrictCouncil.---The functions and powers of Nazim, district councilshall be to-(a) provide vision for district-wide development,leadership and direction for efficient functioning ofdistrict government;(b) develop strategies and timeframe foraccomplishment of goals approved by districtcouncil;(c)(d)(e)(f)ensure implementation of devolved functions andmaintain administrative and financial discipline;oversee formulation and execution of the annualdevelopment plan;present budget proposals to district council forapproval;present to district council bi-annual reports on theperformance of offices of district government;Page 13

Khyber Pakhtunkhwa Local Government Act, 2013(g) call for quarterly reports from Governmentdepartments in the district, other than thosedevolved to district government, present them todistrict council and forward them to Governmentalong with recommendations of district council andhis comments for consideration and action;(h) initiate inspections of tehsil municipaladministration, village councils and neighbourhoodcouncils in the district;(i)issue executive orders to officers-in charge of thedevolved departments for discharge of theirfunctions;(j) represent district government on civic andceremonial occasions; and(k)perform any other function as may be assigned tohim by Government.15. Personal responsibility of Nazim, District Council.---Nazim District Council, shall be personally responsible for anyloss flowing from decisions made by him personally or under hisdirections in violation of this Act or any other law for the timebeing in force and for any expenditure incurred without lawfulauthority.16. Disciplinary powers of the Nazim, District Council.---Nazim District Council shall have powers to take disciplinaryaction against functionaries in district government underefficiency and disciplinary rules prescribed in this regard.CHAPTER – IVDISTRICT COUNCIL17. Composition of the District Council.---There shall bea District Council in each district which shall consist of generalseats, seats reserved for women, peasants and workers, youthand non-muslims as provided in Part-A of Second Schedule tothis Act.Page 14

Khyber Pakhtunkhwa Local Government Act, 201318. Functions and powers of the District Council.---Thefunctions and powers of the district council shall be to-(a)(b)(c)(d)(e)(f)(g)approve bye-laws for performance of functionsdevolved to district government;approve taxes on subjects provided in this Act;approve long term and short term developmentplans, annual and supplementary budgetaryproposals of district government includingproposals for changes in the schedule ofestablishment for devolved offices and, whererequired, intra-district fiscal transfers;elect Standing Committee of the district council foreach office of district government to overseematters and service delivery obligations assignedto the office and report to the district council itsfindings on efficiency, responsiveness, servicedelivery standards and performance of therespective office for review;elect Finance Committee of the district council forexamination of tax and budget proposals, reappropriationsand supplementary grants;elect District Accounts Committee to scrutinize theaccounts showing appropriations of sums grantedby the district council for expenditure of the districtgovernment, audit reports, statement of incomeand expenditure and such other matters as thedistrict council may refer to it;elect a Committee on Conduct of Business toconsider matters regarding procedure and smoothconduct of business in the district council;(h) elect District Committee on Assurances toscrutinize reports on implementation ofassurances, promises and undertakings given tothe district council;Page 15

Khyber Pakhtunkhwa Local Government Act, 2013(i)elect a Code of Conduct Committee to oversee theobservance of code of ethics by the members;(j) constitute joint committees of village andneighbourhood councils for overseeing working ofGovernment offices, district government officesand municipal offices providing services in theirareas;(k)(l)(m)make recommendations for enhancement of carefor disabled, disadvantaged and marginalizedsegments;review reports presented by the Nazim, districtcouncil; andreview reports and recommendations of DistrictAccounts Committee on the accounts of districtgovernment.19. Functions of District Council in City District.---Inaddition to the functions specified in section 18, the districtcouncil in a city district shall perform the following functions,namely:(a)(b)(c)(d)approve master plans, zoning, land use plans,including classification and reclassification of land,environment control, urban design, urban renewaland ecological balances;review implementation of rules and bye-lawsgoverning land use, housing, markets, zoning,environment, roads, traffic, tax, infrastructure andpublic utilities;approve proposals for public transport and masstransit systems, construction of express ways, flyovers,bridges, roads, under passes, and intertownstreets;approve development schemes for beautificationof areas along rivers; andPage 16

Khyber Pakhtunkhwa Local Government Act, 2013(e)review development of integrated system of waterreservoirs, water sources, treatment plants,drainage, liquid and solid waste disposal,sanitation and other municipal services.20. City District Council to approve certain plans for theTowns.---In case of a town in the city district, the city districtcouncil shall perform the functions of approval of such macromunicipal plans as may be notified by city district government.CHAPTER –VTEHSIL AND TOWN MUNICIPAL ADMINISTRATION21. Composition of Tehsil Municipal Administration.---(1) In every tehsil there shall be a tehsil municipal administrationwhich shall consist of the tehsil council, tehsil municipal o fficer,municipal officers and other officials of the local council service.(2) The Executive Authority of tehsil municipaladministration shall vest in the Nazim, tehsil council and he shallbe responsible to ensure that the business of tehsil municipaladministration is carried out in accordance with this Act.22. Functions and powers of Tehsil MunicipalAdministration.---The functions and powers of tehsil municipaladministration shall be to-(a) monitor and supervise the performance offunctionaries of Government offices located in thetehsil and hold them accountable by makinginquiries and reports to the district government or,as the case may be, Government for considerationand action;(b)(c)prepare spatial plans for the tehsil including plansfor land use and zoning and disseminate theseplans for public enquiry;execute and manage development plans forimprovement of municipal services andPage 17

Khyber Pakhtunkhwa Local Government Act, 2013infrastructure;(d)(e)(f)exercise control over land-use, land-subdivision,land development and zoning by public andprivate sectors for any purpose, including foragriculture, industry, commercial markets,shopping centers; residential, recreation, parks,entertainment, passenger and freight transportand transit stations;enforce municipal laws, rules and bye-laws;prevent and remove encroachments;(g) regulate affixing of sign-boards andadvertisements;(h)(i)provide, manage, operate, maintain and improvemunicipal services;prepare budget, long term and annual municipaldevelopment programmes;(j) maintain a comprehensive data base andinformation system on services in the tehsil,municipal record and archives and provide publicaccess to it on nominal charges;(k)(l)(m)collect taxes, fines and penalties provided underthis Act;organize sports, cultural, recreational events, fairsand shows;organize cattle fairs and cattle markets;(n) co-ordinate and support municipal functionsamongst village and neighbourhood councils;(o)regulate markets and services, issue licenses,permits, grant permissions and impose penaltiesfor violation thereof;Page 18

Khyber Pakhtunkhwa Local Government Act, 2013(p)(q)(r)(s)manage municipal properties, assets and funds;develop and manage schemes, including sitedevelopment in collaboration with districtgovernment;authorize officers to issue notice, prosecute, sueand follow up criminal, civil and recoveryproceedings against violators of municipal laws;andprepare financial statements and present them foraudit.23. Functions and powers of the Nazim, Tehsil Council.---(1) The functions of the Nazim, tehsil council shall be to-(a) provide vision for tehsil-wide development,leadership and direction for efficient functioning ofmunicipal administration and tehsil based officesof Government;(b) formulate strategies for infrastructuredevelopment, improvement in delivery of servicesand implementation of laws;(c)oversee formulation and implementation of longterm and annual development programmes attehsil level;(d) present budget proposals for approval of tehsilcouncil;(e)(f)prepare and present report on the performance ofmunicipal administration in tehsil council at leasttwice a year;call for quarterly reports from tehsil based officesof Government, present them to tehsil council andforward them to district government or, as thecase may be, Government along withPage 19

Khyber Pakhtunkhwa Local Government Act, 2013recommendations of tehsil council and hiscomments for consideration and action;(g)(h)supervise utilization of funds allocated to tehsilmunicipal administration; andrepresent tehsil municipal administration on civicand ceremonial occasions.(2) The Nazim, tehsil council shall be personallyresponsible for any loss flowing from decisions made by himpersonally or under his directions in violation of any provisions ofthis Act or any other law for the time being in force and for anyexpenditure incurred without lawful authority.(3) The Nazim, tehsil council may, and if directed bythe Government shall-a) create and supervise special units formanagement and administration of municipalservices in the jurisdiction of erstwhile municipalcommittees, and other areas having urbancharacteristics, in the tehsil;b) notify representation of the local people foroversight and control by clustering the Nazimeenof contiguous neighbourhood councils in the unitsso created; andc) ensure appropriate allocation of human andfinancial resources to support municipal servicesin the units.(4) Nazim tehsil council shall have powers to initiatedisciplinary action against functionaries in the tehsil municipaladministration under efficiency and discipline rules applicable tothe employees of local council service and servants of the localcouncils.Page 20

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – VITEHSIL COUNCIL24. Composition of Tehsil Council.---There shall be atehsil council in each tehsil which shall consist of general seats,seats reserved for women, peasants and workers, youth andnon-muslims as provided in Part-B of Second Schedule to thisAct.25. Functions and powers of Tehsil Council.---Thefunctions and powers of tehsil council shall be to-(a)approve taxes, fines and penalties proposed bythe Nazim, tehsil council;(b) approve bye-laws for delivery of municipalservices;(c)(d)(e)(f)(g)approve annual budget and appropriations fortehsil municipal administration;approve long and short term development plans;approve land use, zoning and master plan of thetehsil, development and maintenance programmesproposed by the tehsil municipal administration;elect Standing Committees of the tehsil council formunicipal offices, tehsil based offices and subofficesof devolved functions to oversee mattersand service delivery obligations assigned tomunicipal offices, offices and sub-offices ofdevolved functions in the tehsil and report to thetehsil council their findings on efficiency,responsiveness, service delivery standards andperformance of the respective offices for review;elect Finance Committee of the tehsil council forexamination of tax and budget proposals, reappropriationsand supplementary grants;Page 21

Khyber Pakhtunkhwa Local Government Act, 2013(h)(i)elect Tehsil Accounts Committee to scrutinize theaccounts showing appropriations of sums grantedby the tehsil council for expenditure of tehsilmunicipal administration, audit reports, statementof income and expenditure and such other mattersas the tehsil council may refer to it;elect a Committee on Conduct of Business toconsider matters regarding procedure and smoothconduct of business in the tehsil council;(j) elect Tehsil Committee on Assurances toscrutinize reports on implementation ofassurances, promises and undertakings given tothe tehsil council;(k)(l)(m)elect a Code of Conduct Committee to oversee theobservance of code of ethics by the members;review the reports and recommendations of TehsilAccounts Committee; andreview the performance reports presented by theNazim, tehsil council.CHAPTER – VIIVILLAGE AND NEIGHBOURHOOD COUNCILS26. Establishment of Village Council andNeighbourhood Council.---Within sixty days, after thecommencement of this Act, Government shall, by notification inthe official Gazette, constitute and notify village andneighbourhood councils in all districts.27. Composition of Village Council and NeighbourhoodCouncil.---(1) Every village council and neighbourhood council,shall comprise of ten to fifteen following members:-(a)five to ten members, determined on the basis ofpopulation, elected to general seats;Page 22

Khyber Pakhtunkhwa Local Government Act, 2013(b)(c)two members elected to seats reserved forwomen;one member elected to seat reserved for peasantsand workers;(d) one member elected to seat reserved foryouth; and(e)one member elected to seat reserved for nonmuslims.(2) The village council or the neighbourhoodcouncil, as the case may be, shall be a multimember ward forelection of members to be held on non-party basis through adultfranchise and joint electorate.(3) The candidates securing highest and secondhighest number of votes in the election to the general seats ofthe village council or the neighbourhood council, as the casemay be, shall respectively be the Nazim and Naib Nazim of thevillage council or the neighbourhood council, as the case maybe.(4) Executive Authority of the village council or theneighbourhood council, as the case may be, shall vest inrespective Nazim village council or the neighbourhood council,who shall be deputized by the concerned Naib Nazim during histemporary absence.Explanation.---For the purposes of this section andsection 17 and section 24 of this Act, the term “youth” means aduly qualified candidate for election under this Act, who is belowthirty years of age on the last day fixed for filing of nominationpapers.28. Functions and re sponsibilities of the Nazim, VillageCouncil and Neighbourhood Council.---(1) The Nazim ofvillage council and neighbourhood council shall:(a)provide leadership for council-wide developmentPage 23

Khyber Pakhtunkhwa Local Government Act, 2013(b)(c)(d)and preparation of budget;organize management of municipal infrastructurewith in the area of respective village council orneighbourhood council;chair panels of members constituted for amicablesettlement of disputes;report to tehsil municipal administration and districtgovernment in respect of:(i) encroachment on state and localgovernment property;(ii)(iii)(iv)(v)violation of land use plans, building codes,rules and bye-laws;sale and trade of dangerous and offensivearticles;adulteration of articles of food; andbreach of public water courses with in thearea of the village council orneighbourhood council.(e) prepare and send quarterly reports on theperformance of functionaries of all offices locatedin the area including education, health, publichealth engineering, agriculture, livestock, policeand revenue to tehsil municipal administration anddistrict government.(2) The Nazim, village council or the Nazimneighbourhood council, as the case may be, shall be responsiblefor any loss flowing from his decisions and directions in violationof this Act or any other law for the time being in force and forexpenditures incurred without lawful authority.(3) The Nazim, neighbourhood council shallrepresent the council in the special units created under section23 of this Act.Page 24

Khyber Pakhtunkhwa Local Government Act, 201329. Functions of the Village Council or NeighbourhoodCouncil.---(1) Functions of the village council andneighbourhood council, as the case may be, shall be to:(a) monitor and supervise the performance offunctionaries of all government offices located inthe area of the respective village council orneighbourhood council, including education,health, public health engineering, agriculture,livestock, police and revenue, and hold themaccountable by making inquiries and reports to thetehsil municipal administration, district governmentor, as the case may be, the Government forconsideration and action;(b)(c)(d)(e)(f)(g)(h)(i)provide effective forum for out of court amicablesettlement of disputes and, for this purpose,constitute panels of members as conciliators;register births, deaths and marriages;implement and monitor village level developmentworks;improve water supply sources, maintain watersupply distribution system and take measures toprevent contamination of water;maintain village level infrastructure, footpaths,tracks, streets, prevent and abate nuisances andencroachments in public ways, public streets andpublic places;maintain and improve collective property includingplaygrounds, graveyards, funeral places, eid-gah,parks, public open spaces and community centers;identify development needs of the area for use bymunicipal administration and district government inprioritizing development plans;make arrangements for sanitation, cleanliness,Page 25

Khyber Pakhtunkhwa Local Government Act, 2013disposal of garbage and carcasses, drainage andsewerage system;(j)(k)(l)(m)(n)(o)(p)(q)(r)(s)display land transactions in the area for publicinformation;mobilize community for maintaining public ways,public streets, culverts, bridges and publicbuildings, de-silting of canals and otherdevelopment activities;develop sites for drinking and bathing of cattle;organize cattle fairs and agriculture producemarkets;organize sports teams, cultural and recreationalactivities;organize watch and ward in the area;promote plantation of trees, landscaping andbeautification of public places;regulate grazing areas, establish cattle ponds andprovide protection against stray animals andanimal trespass;consider and approve annual budget presented bythe respective Nazim, village council orneighbourhood council;facilitate formation of voluntary organizations forassistance in functions assigned to it;(t) facilitate the formation of co-operatives forimproving economic returns and reduction ofpoverty;(u)elect an Accounts Committee and review itsrecommendations on the annual statement ofaccounts and audit reports; andPage 26

Khyber Pakhtunkhwa Local Government Act, 2013(v)report cases of handicapped, destitute and ofextreme poverty to district government.(2) The respective village council or neighbourhoodcouncil shall assist district government and tehsil municipaladministration in conducting surveys, collecting socio-economicdata and selecting sites for municipal and social facilities andservices.CHAPTER – VIIILOCAL GOVERNMENT FINANCE30. Establishment of Local Funds and Public Accounts. ---(1) There shall be established a district fund, a tehsil fund,village fund and neighbourhood fund, as the case may be, foreach respective local government.(2) To the credit of the respective Fund shall beplaced all revenues received by a local government from thefollowing sources:(a)(b)monies transferred by another local governmentunder this Act;grants made or monies received from Governmentor other authorities in Pakistan;(c) the proceeds of taxes levied by a localgovernment under this Act;(d)(e)(f)rents and profits payable or accruing to a localgovernment from immovable property vested in orcontrolled or managed by it;proceeds or any other profits howsoever known orcalled from bank accounts and investments of alocal government;gifts, grants or contributions by individuals orinstitutions;Page 27

Khyber Pakhtunkhwa Local Government Act, 2013(g)(h)(i)income accruing from markets or fairs regulatedby a local government;fines imposed and recovered under this Act; andproceeds from other sources of income which areplaced at the disposal of a local government underdirections of Government.(3) To the credit of respective Public Account of thelocal government shall be placed all revenues received by alocal government from the following sources-(a)(b)(c)receipts accruing from trusts administered ormanaged by it;refundable deposits received by it; anddeferred liabilities.(4) A local government, may and if required byGovernment shall establish and maintain a separate fund for anyspecial purpose to which one or more sources of revenuementioned in sub-section (2) or any part of these sources or anyspecified portion of the Fund may be assigned and which shallbe administered and regulated in such manner as Fund of thelocal government.31. Custody and Operation of Funds and PublicAccount.---(1) Monies credited to a Fund or a Public Account ofa local government shall be kept in the State Bank, GovernmentTreasury, a post office or a bank in such manner as shall bespecified by the Government from time to time.(2) The Funds shall be operated in such a manneras may be prescribed.32. Charged expenditure.---(1) The following expenditureshall be charged on the Fund of local government, that is to say:Page 28

Khyber Pakhtunkhwa Local Government Act, 2013(a)(b)(c)(d)such sums as are required for repayment of debt;any sum required to satisfy any judgment, decreeor award against the local government by anyCourt or Tribunal;such sums as the local government may berequired by Government to contribute towards theconduct of elections, the maintenance of specifiedgroup of functionaries and the auditing ofaccounts; andany expenditure declared by Government to be socharged.(2) If any expenditure is a compulsory charge on theFund of a local government and is not paid, Government may, byorder, direct the person having the custody of the Fund to paysuch amount, or so much thereof as may be possible from timeto time, from the balance of the Fund.33. Application of Funds.---(1) The money credited to theFund of a local government shall be expended in accordancewith annual budget approved by the respective local council.(2) No local government shall transfer monies to ahigher level of Government except by way of repayment of debtsor for carrying out deposit works or as provided in this Act.(3) Where a new local government is to take overduring a financial year as a result of fresh elections, the outgoinglocal government shall not spend funds or make commitmentsfor any expenditure, under any demand for grant orappropriation, in excess of eight percent per mensum of thebudgeted funds for remainder of its term in office.34. Budget Preparation.---(1) The annual budget for eachlocal government shall contain estimates of:(a)(b)grants-in-aid from Government;amounts available in the respective Fund;Page 29

Khyber Pakhtunkhwa Local Government Act, 2013(c)(d)receipts for the next year; andexpenditures to be incurred for the next year.(2) The Government shall, sufficiently before thebeginning of each financial year, notify the provisional grants,which may be credited to the Fund of a local government fromthe Provincial Consolidated Fund.(3) No demand for a grant shall be made except onthe recommendation of the respective Nazim.(4) Conditional grants from Government or otherlocal government will be shown separately in the budget and willbe governed by conditions provided therein.(5) Before the commencement of a financial yeareach local government shall, for its Fund, prepare in theprescribed manner, a budget for that year.35. Approval of Budget.---(1) Before the commencement ofthe next financial year, each Nazim shall, present the budget forconsideration and approval of the respective local council.(2) The budget of a local government shall beapproved by simple majority of the total membership of therespective council.(3) No other business shall be taken up by a councilduring budget session.(4) In case a budget is not approved by the l ocalcouncil before commencement of the financial year to which itrelates, Government shall prepare, approve and authenticatebudget for the local government.(5) A local council shall not be empowered toapprove a budget if the sums required to meet estimatedexpenditures exceed the estimated receipts.(6) The Nazim shall authenticate by his signature aPage 30

Khyber Pakhtunkhwa Local Government Act, 2013schedule specifying the:(a)(b)grants made or deemed to have been made by thelocal council; andthe several sums required to meet the expenditurecharged upon the Fund of the local government.(7) The schedule so authenticated shall be laidbefore the local council, but shall not be open to discussion orvote thereon.(8) The schedule so authenticated shall becommunicated to the respective Accounts Officials andGovernment.(9) At any time before the expiry of the financialyear to which budget relates, a revised budget for the year may,if necessary, be prepared and sanctioned and such revisedbudget shall, so far as may be, be subject to the provisions ofthis section.36. Accounts.---(1) The accounts of receipts andexpenditure of local governments shall be kept in such form andin accordance with such principles and methods as the Auditor -General of Pakistan may prescribe.(2) The following arrangement for maintaining ofaccounts in local governments shall be followed:(a)(b)(c)(d)(e)the District Accounts Officer shall maintain theaccounts of each district government;the Tehsil Accounts Officer shall maintain theaccounts of the tehsil municipal administration;the Village Accountant shall maintain the accountsof village council;the Neighbourhood Accountant shall maintain theaccounts of neighbourhood council; andthe Accounts Officer mentioned in clauses (a), (b)Page 31

Khyber Pakhtunkhwa Local Government Act, 2013(c) and (d) shall perform pre-audit of all paymentsfrom the respective Fund before approvingdisbursements of monies.(3) The District Accounts Officer shall, quarterly andannually, consolidate the accounts of local governments in thedistrict separately for receipts from the Government and localresources and send a copy to Government, Accountant Generaland Nazim district council.(4) Local governments shall publish annualaccounts for public information.(5) Accounts Committees of the respective localcouncils shall hold public hearings to consider audit reports,objections to statement of accounts and recommend appropriateaction to the local council.37. Audit.---(1) The Auditor General of Pakistan shall, onthe basis of such audit as he may consider appropriate ornecessary, certify the accounts compiled and prepared by therespective accounts officials of local governments for eachfinancial year, showing annual receipts and disbursements forthe purposes of each local government and shall submit ce rtifiedaccounts with such notes, comments or recommendations as hemay consider necessary to the Government and Nazim of therespective local council.(2) The Nazim shall cause the audit report to besubmitted to the respective local council and the local councilshall refer it to its Accounts Committee for examination.(3) Every district government and tehsil municipaladministration shall publish its annual audit report for informationof public.(4) Every Nazim, district council and tehsil councilshall appoint an Internal Auditor as principal support person forprovision of information to him and members of the respectivelocal council on fiscal performance of the local government.Page 32

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – IXLOCAL GOVERNMENT PROPERTY38. Ownership of property.---(1) Subject to any conditionsimposed by Government, the property specified hereunder shallvest in the respective local government if it is-(a)(b)(c)vested in a local government through succession;transferred to the local government by theGovernment or any other authority, organization oran individual; andconstructed or acquired by a local governmentwith its title.(2) The properties of Government in possession ofthe local councils established under the Khyber PakhtunkhwaLocal Government Act, 2012 (Khyber Pakhtunkhwa. Act. No. VIIIof 2012), shall pass on to their successors as provided in this Acttill varied by Government.(3) The local government shall, subject to policy ofGovernment or contractual obligations, make bye-laws for theuse, development, improvement, management and inspection ofproperty which is owned by or vests in it or which is placed underits management charge.(4) Subject to other provisions of this Act,Government shall not, except with the prior consent of the localgovernment concerned, reallocate or in any manner divest title ofproperties vested in that local government under this Act.39. Stock taking by the Nazim.---(1) Every Nazim shall, onassumption of his office and thereafter, once in every year on adate fixed by him, take physical stock of movable and immovableproperties of the local government and present a report to thelocal council.(2) The report shall contain-(a)particulars of the properties held during thePage 33

Khyber Pakhtunkhwa Local Government Act, 2013preceding year;(b)(c)total value of the property and annual return therefrom;particulars of unserviceable articles and losses ifany; and(d) plans for utilization, development andimprovement during the following year.40. Use and disposal of propertie s.---(1) Properties oflocal government shall be used only for public purposes.(2) Immovable properties of local government shallnot be sold or permanently alienated:Provided that such properties may be given on leasethrough competitive bidding in public auction for a period to bedetermined by the Government:Provided further that no such property under or near afly-over bridge shall be leased or otherwise given to any personfor private, commercial or non-commercial use, and any order,licence, permission, tehbazari ticket, handcart passes orcertificate issued by any authority at any time in this respect shallstand withdrawn and shall be deemed cancelled.(3) Movable property of a local government which isrequired to be disposed of and all articles declaredunserviceable shall be sold through competitive bidding in publicauction.41. Personal re sponsibility with regard to loss andwaste.---(1) Every official or servant of a local government,every member of a local council, and every person charged withadministration and management of property of a localgovernment shall be personally responsible for any loss orwaste, financial or otherwise, of any property belonging to alocal government which is a direct consequence of decisionsmade by him personally or under his directions in violation of thisAct or any other law for the time being in force or which accruesPage 34

Khyber Pakhtunkhwa Local Government Act, 2013as a result of his negligence or misconduct, and shall be liableto pay such surcharge as may be determined by the respectiveAccounts Committee and such amount shall be recoverable asarrears of land revenue.(2) Any person aggrieved by the imposition ofliability under sub-section (1) may prefer an appeal toGovernment whose decision shall be final:Provided that no order shall be passed in appeal, exceptafter giving the aggrieved person an opportunity of being heard.CHAPTER – XLOCAL GOVERNMENT TAXATION42. Imposition, notification and enforcement of Taxes.---(1) A local government subject to the provisions of any other lawmay, and if directed by Government shall, levy all or any of thetaxes and levies specified in the Third Schedule.(2) No tax shall be levied without previouspublication of the tax proposal inviting and hearing publicobjections and approval of the respective local council.(3) A local government may reduce, suspend orabolish a tax.(4) Where a tax is levied or modified, the localgovernment shall specify the date for the enforcement thereof,and such tax or the modification shall come into force on suchdate.(5) Government shall have power to direct a localgovernment to levy any tax, increase or reduce any such tax orthe assessment thereof and suspend or abolish the levy of anytax.43. Model Tax Schedule.---Government may frame ModelTax Schedules and when such schedules have been framed alocal government shall be guided by them in levying a tax.Page 35

Khyber Pakhtunkhwa Local Government Act, 201344. Rating Areas and Property Tax.---(1) Oncommencement of this Act, every tehsil shall be rating areawithin the meaning of the Khyber Pakhtunkhwa UrbanImmovable Property Tax Act, 1958 (W.P. Act V of 1958).(2) The rate of property tax in an area within a tehsilshall be subject to approval of respective tehsil council:Provided that in the areas within a tehsil where rate hasnot been determined, the areas shall be deemed to be exemptedfrom property tax till determination of the rate.(3) Unless varied under sub-section (2) above, theexisting rates in the areas within a tehsil shall remain in force.Explanation.---For the purpose of this section the “rate”shall mean the tax leviable under the Khyber PakhtunkhwaUrban Immovable Property Tax Act, 1958 (W.P. Act V of 1958).45. Collection and recovery of taxes.---(1) Failure to payany tax and other money claimable under this Act shall be anoffence.(2) All arrears of taxes, rents and other moneysclaimable by a local government under this Act shall berecoverable as arrears of land revenue.(3) Government may empower any localgovernment to recover arrears of taxes or any other moneysclaimable by the local government under this Act by distress andsale of the movable property belonging to the person concernedor by attachment and sale of the immovable property belongingto him.(4) Government may specify the officials or classesof officials by whom the power under sub-section (3) shall beexercised and prescribe the manner in which it shall beexercised.46. Liability on account of taxes.---(1) A local governmentmay by notification, call upon any person to furnish suchinformation, produce such record or accounts or to present suchPage 36

Khyber Pakhtunkhwa Local Government Act, 2013goods or animals liable to any tax as may be necessary for thepurpose of determining the liability of such person to a tax.(2) Any official of a local government authorized inthis behalf, may after due notice, enter upon any building orpremises for the purpose of assessing the liability of suchbuilding or premises to any tax, or inspecting any goods oranimals therein liable to any tax.(3) Any official of a local government authorized inthis behalf may, in the prescribed manner, seize and dispose ofany goods or animals on which any tax is due and is not paid.47. Deduction of taxes from salaries.---If a localgovernment levies a tax on professions, trades or callings, it mayrequire the employer of the person liable to such tax to deductthe tax from the salary or wages payable to such person, and onsuch requisition the amount of the tax due shall be deductedfrom the salary or wages of the persons concerned and creditedto the Fund of the local government.48. Petitions against valuation and asse ssment.---Noassessment of a tax under this Act or valuation there for, or theliability of a person to be so taxed, shall be called in questionexcept by a petition presented to such authority, in such mannerand within such period as may be prescribed.49. Taxation rules.---All taxes and other charges levied bya local government shall be imposed, assessed, leased,compounded, administered and regulated in such manner asmay be prescribed by rules which may, among other matters,provide for the obligation of the tax payer and the duties andpowers of the officials responsible for the assessment andcollection of taxes.50. Local governments not to incur debt.---(1) No localgovernment shall incur any debt.(2) No monies of the local government shall beinvested in securities other than those floated or approved by theGovernment.Page 37

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – XIPROVINCIAL FINANCE COMMISSION AND FISCALTRANSFERS51. Constitution of Provincial Finance Commission.---Government shall constitute a Provincial Finance Commissionhereinafter referred to as “Finance Commission”.52. Composition of the Finance Commission.---(1) TheFinance Commission shall consist of the following members:(a)(b)(c)(d)Minister for Finance Department, who shall be theChairman of the Finance Commission;Minister for Local Government, Elections andRural Development Department;two members of the Provincial Assembly ofKhyber Pakhtunkhwa, one each nominated by theChief Minister and Leader of Opposition in the saidAssembly;Secretary to Government, Finance Department;(e) Secretary to Government, Planning andDevelopment Department;(f)(g)Secretary to Government, Local Government,Elections and Rural Development Department;Secretary to Government, Law, ParliamentaryAffairs and Human Rights Department;(h) two Nazimeen, district councils elected byNazimeen district councils in the province; and(i) two Nazimeen, tehsil councils elected byNazimeen of tehsil councils in the province.(2) The Finance Department shall providesecretariat support to the Finance Commission and providePage 38

Khyber Pakhtunkhwa Local Government Act, 2013annual statement on transfer of funds in accordance withrecommendations of the Finance Commission.(3) No proceedings or act of the FinanceCommission shall be invalid merely on the ground of existenceof a vacancy in its composition.(4) Subject to this Act, the Finance Commissionshall regulate its procedure and business.53. Functions of the Finance Commission.---(1) TheFinance Commission shall make recommendations to theGovernment on:(a)the amount of grant for local governments out ofthe proceeds of Provincial Consolidated Fund in afinancial year in addition to the grant in lieu ofOctroi and Zilla Tax:Provided that in addition to theestablishment charges budgeted for the devolvedfunctions and transfers in lieu of Octroi and ZillaTaxes, the development grant for localgovernments shall be so determined that it is notless than thirty percent of the total developmentbudget of the province in the respective year;(b)formula for distribution of the grant among localgovernments in the province:Provided that the development grant forvillage and neighbourhood councils shall bedetermined on the basis of population;(c)(d)(e)the amount of special grants for local governmentswith modalities and conditions to access thefacility;grants in aid to local governments in need ofassistance; andmatters relating to local government finance.Page 39

Khyber Pakhtunkhwa Local Government Act, 2013(2) While making recommendations, the FinanceCommission shall take into account the principles of fiscal need,fiscal capacity, fiscal effort and fiscal performance of localgovernments.(3) The Finance Commission shall also take intoconsideration poverty, population, lag in infrastructure andrevenue base of local governments as factors while formulatingits recommendations.(4) The Finance Commission shall present to theGovernment annually a report on the analysis of fiscal transfers,the situation of own-source revenue in local governments andthe reach and quality of their services and the Government shallcause the report to be laid before the Provincial Assembly.CHAPTER – XIISUPERVISION OF LOCAL GOVERNMENTS54. Local Government Commission.---(1) Governmentshall appoint a Local Government Commission, which shallconsist of-(a)(b)Minister for Local Government, Elections andRural Development Department, who shall be theChairman of the Local Government Commission;two members of the Provincial Assembly, oneeach nominated by the Chief Minister and Leaderof Opposition in the Provincial Assembly;(c) two eminently qualified and experiencedtechnocrats including a woman selected byGovernment for a period of three years;(d)(e)Secretary to Government, Law, ParliamentaryAffairs and Human Rights Department; andSecretary to Government, Local Government,Elections and Rural Development Department.Page 40

Khyber Pakhtunkhwa Local Government Act, 2013(2) The Local Government Commission may, forany specific assignment, co-opt any other person as member;provided that, when it is seized with an inquiry against a Nazim,it shall be mandatory for the Local Government Commission toco-opt a disinterested Nazim, district council as member.(3) Government shall provide separate budget forthe Local Government Commission with Director General, LocalGovernment and Rural Development as Principal AccountingOfficer, who shall provide secretarial support and renderassistance to the Local Government Commission.(4) No act or proceedings of the Local GovernmentCommission shall be invalid by reason or existence o f anyvacancy, or defect, in its constitution.55. Functions of the Local Government Commission.---(1) Functions of the Local Government Commission shall be to:(a)(b)(c)(d)(e)conduct annual and special inspections of localgovernments and submit reports to theGovernment;conduct, on its own initiative or, whenever, sodirected by the Chief Minister or, whenever, areference is made by a Nazim, district council, aninquiry by itself or through district government intoany matter concerning a local government;resolve disputes between local governments;submit to the Chief Minister an annual report onthe over-all performance of district governmentsand tehsils municipal administration; andtake cognizance of violations of laws and rules bya local government.|(2) Where the Local Government Commission is ofthe opinion that suspension of a Nazim, Naib Nazim or amember of a local council is necessary for the purposes of a fairenquiry or preventing him from continuing with any unlawfulPage 41

Khyber Pakhtunkhwa Local Government Act, 2013activity during an enquiry, it may recommend to the ChiefMinister for suspension of such Nazim, Naib Nazim or a memberof a local council, as the case may be, for a maximum period ofthirty days.(3) Where, on an enquiry, the Local GovernmentCommission holds a Nazim, Naib- Nazim, or a member of acouncil guilty of misconduct, it shall recommend appropriateaction, including his removal, to the Chief Minister.(4) The Local Government Commission shall havethe same powers as are vested in a Civil Court under the Codeof Civil Procedure, 1908 (Act V of 1908), in respect of thefollowing matters, namely:(a)(b)(c)summoning and enforcing attendance of anyperson and examining him on oath;compelling production of documents;receiving evidence on affidavits; and(d) issuing commission for the examination ofwitnesses.56. Responsibility of the Local GovernmentCommission.---The Local Government Commission shall beresponsible to the Chief Minister.57. Relations of Government with District Government.---(1) District government shall carry out its functions inaccordance with provisions of this Act and the rules made thereunder.(2) Government may provide guidelines and renderadvice to Nazim, district council for achieving the ends ofGovernment policy and for promoting economic, social andenvironmental security of the province.58. Directions by Chief Minister.---The Chief Minister, mayby himself or through any officer specifically authorized by him,issue directives in public interest to a Nazim, district council forPage 42

Khyber Pakhtunkhwa Local Government Act, 2013implementation and if he fails to comply with the directions, theChief Minister may require the Chief Secretary to take suchaction as the situation may necessitate.59. Suspension and removal of a Nazim.---(1) Where, inthe opinion of the Chief Minister, a Nazim is deliberately avoidingor abstaining wilfully or failing to comply with directions givenunder this Act, the Chief Minister may, for reasons to berecorded and conveyed in writing, suspend him for a period notexceeding thirty days and refer the matter to the LocalGovernment Commission for enquiry.(2) During the course of enquiry, the LocalGovernment Commission shall provide an opportunity ofpersonal hearing to the suspended Nazim and shall submit itsreport along with its recommendations which may includeremoval of the Nazim to the Chief Minister for appropriate actionin light of such recommendations.(3) During the period of suspension of the Nazim,the Naib Nazim shall act as Nazim and in case no decision istaken within thirty days from the date of suspension of theNazim, he shall stand re-instated to his office.60. Setting aside an order of Nazim District Council.---(1)Where, in the opinion of the Chief Minister, an order or decisionof the Nazim, district council is not in conformity with law or isagainst the interest of the people, he may, for reasons to berecorded and conveyed to the concerned Nazim, district council,suspend such order or, as the case may be, decision, refer thematter to the Local Government Commission for enquiry to becompleted within sixty days and may on receipt of the report,quash the order or decision of the Nazim, district council, if it isso recommended by the Local Government Commission:Provided that, if no action is taken within sixty days ofsuspension of the order or decision of the Nazim, district council,such order or, as the case may be, decision shall stand restored.(2) The quashment of an order or decision referredto in sub-section (1) shall be notified by Government in officialGazette.Page 43

Khyber Pakhtunkhwa Local Government Act, 201361. Internal controls, inspection and supervision. ---(1)Nazim, district council may, with the approval of district council,designate inspecting officers to objectively examine theperformance of a tehsil municipal administration, village counciland neighbourhood council in relation to service delivery.(2) Inspection reports prepared on specified formatand containing evaluation of performance in relation toachievement of targets, responsiveness to citizens’ difficulties,efficiency in delivery of services and transparency in functioning,shall be presented to the district council.(3) If the district council resolves that the situationrequires action against the concerned Nazim, Naib Nazim ormember of the concerned local council, it may require Nazim,district council to refer the matter to the Local GovernmentCommission.(4) In all other cases, the Nazim, district councilmay require the respective Nazim to take appropriate remedialaction.62. Setting aside an order of Nazim, Tehsil Council.---(1)On a motion initiated by Nazim, district council, a district councilmay, by a resolution stating the grounds thereof, passed by asimple majority of its total membership, set aside an order ordecision of general application taken by Nazim, tehsil council orresolution of the tehsil council, as the case may be, if it considersthe same to be inconsistent with law or against the interest of thepeople or public policy.(2) The result of the approval of the resolution ofdistrict council shall be notified by district government.63. Setting aside decisions of Nazim, Village Counciland Resolution of Village Council etc.---(1) On a motioninitiated by Nazim, tehsil council, a tehsil council may, by aresolution stating the grounds thereof, passed by simple majorityof its total membership, set aside an order or decision taken byNazim, village council, Nazim, neighbourhood council, or aresolution of village council or, as the case may be, a resolutionof neighbourhood council in the tehsil, if it considers the same toPage 44

Khyber Pakhtunkhwa Local Government Act, 2013be inconsistent with law or against the interest of the people orpublic policy.(2) The result of the resolution referred to in subsection(1), shall be notified by the tehsil municipaladministration.64. Suspension of Re solutions and Proceedings.---Where in the opinion of Government anything done or intendedto be done as a result of a resolution of a local council is not inconformity with law, Government for reasons to be recorded maysuspend the execution of such resolution and prohibit the doingof anything resolved to be done.65. Conduct of members of the Local Councils.---(1) TheCode of Conduct Committee in each local council shall ensureadherence of all members of the local councils, Nazimeen andNaib Nazimeen to the prescribed code of ethics for promotingtheir honest, responsible and efficient functioning and behavior.(2) The Code of Conduct Committee shall monitorthe conduct of the elected representatives and report incidents ofinefficiency and corruption to the concerned local council whichmay invoke proceedings of disqualification against suchmember.CHAPTER – XIIILOCAL GOVERNMENT RESPONSIBILITY FORENFORCEMENT OF LAWS66. Offence s, punishments and their cognizance.---(1)The offences specified in Fourth and Fifth Schedules shall beliable to punishment by way of imprisonment, fine, seizure,forfeiture, confiscation, impounding and such other penalties asare provided in this Act.(2) Whoever commits any of the offences speci fied in-(a)Part-I of the Fourth Schedule shall be punishablewith imprisonment for a term which may extend toPage 45

Khyber Pakhtunkhwa Local Government Act, 2013three years, or with fine which may extend to fiftythousand rupees, or with both and, where anaccused was directed by the Enforcement Officerfor immediate discontinuance of the offence, theCourt may impose a further fine which may extendto one thousand rupees for every day for theperiod the accused has persisted in the offencefrom the date of its commission;(b)(c)Part-II of the Fourth Schedule shall be punishablewith imprisonment which may extend to sixmonths or fine which may extend to five thousandrupees, or with both and, where an accused wasdirected by the Enforcement Officer for immediatediscontinuance of the offence, the Court mayimpose a further fine which may extend to twohundred rupees for every day for the period theaccused has persisted in the offence from the dateof its commission; andFifth Schedule shall in the first instance, be liableto fine by issuing a ticket specified in the SixthSchedule and, where an accused repeats theoffence within a period of two months for which hewas fined, he shall be liable to the samepunishment as provided in clause (b).(3) The offences specified in clause (a) of subsection(2) shall be cognizable and information in this regardshall be reported to the respective police station for registrationof a case against the accused.(4) A Court shall take cognizance of the offencesspecified in clause (b) of sub-section (2) on a complaint made inwriting by Enforcement Officer.(5) The offences specified in Part II of the FourthSchedule and Fifth Schedule shall be tried in a summary mannerin accordance with the provisions of section 260 to 265 of theCode of Criminal Procedure,1898 (Act V of 1898), but the limit ofpunishment mentioned in sub-section (2) of section 262 thereofshall not be applicable.Page 46

Khyber Pakhtunkhwa Local Government Act, 2013(6) Government may, by notification in the officialGazette, entrust to a local government the enforcementresponsibility of any other law for the time being in force.67. Appointment and control of Enforcement Officers.---(1) On a motion initiated by its Nazim, the district council or, asthe case may be, the tehsil council shall designate officers asEnforcement Officers for the offences specified in Fourth andFifth Schedules.(2) The district government shall notify ControllingAuthority for the Enforcement Officers.68. Imposition of fine through ticketing.---(1) Where anyperson, in the opinion of an Enforcement Officer, is contraveningany provision of the law relating to the offences specified in FifthSchedule, he shall charge the accused by issuing a ticket in theform specified in Sixth Schedule for payment of fine, if suchoffence has been committed for the first time in two months.(2) The ticket shall be issued in quadruplicate bydelivering three copies to the accused after obtaining hissignatures or thumb impression on the fourth copy to be retainedby the Enforcement Officer for record.(3) The person to whom a ticket has been issuedunder this section may either contest the imposition of fine in theCourt within ten days from the date of the issuance of the ticketor deposit the fine within that period and provide a copy ofpayment receipt to the Enforcement Officer.(4) The fine may be deposited in the designatedBank Account of the local government within ten days from thedate of imposition for credit in the Fund of the local government:69. Procedure for default in deposit of fine.---(1) TheEnforcement Officer shall, on daily basis, provide a scroll of allunpaid tickets to the Controlling Authority, who shall forward thesame to the court having jurisdiction in the cases.(2) The court receiving the scroll shall issuesummons to the accused forthwith stating date of hearing for trialPage 47

Khyber Pakhtunkhwa Local Government Act, 2013as enumerated in section 66.(3) Where on the first date of hearing, the accusedappears before the court and produces proof of deposit of fine,or unconditionally admitting his failure, deposits the fine forthwithalong with the penalty which shall not be less than ten percentand not more than twenty five percent of the amount of fine asdetermined by the court in accordance with the procedureprovided in sub-section (2) of section 388 of the Code ofCriminal Procedure,1898 (Act V of 1898) further proceedingsagainst the accused may be dispensed with and no convictionshall be recorded against him.(4) Upon failure of the accused to appear before thecourt in response to the summons, the court shall forthwith issuewarrants for arrest of the accused and upon issuance of suchwarrants the accused will be liable to punishment under clause(b) of sub-section (2) of section 66.(5) The fines imposed by a court for an offencespecified in Fifth Schedule shall on collection be deposited in theFund of the respective local government.70. Municipal Wardens.---(1) With prior approval ofGovernment, the city district government and tehsil municipaladministration may establish and maintain municipal wardens;(2) Government may, notwithstanding anythingcontained in the Police Order, 2002, or in any other law, specifythe duties which the municipal wardens may be required toperform.71. General Powers of Enforcement Officers. ---(1) Incase of any serious threat to the public health, safety or welfareor danger to life and property, or where violation of any rule orbye-law is being committed, the Enforcement Officer may, in hisarea of jurisdiction, in addition to imposition of fine or initiatingprosecution under this Act-(a)(b)suspend any work;seize the goods;Page 48

Khyber Pakhtunkhwa Local Government Act, 2013(c)(d)(e)seal the premises;demolish or remove work; orissue directions for taking corrective measureswithin a specified time.(2) An Enforcement Officer shall not enter anydwelling unit without permission of the occupier or searchwarrant from a court competent jurisdiction.(3) An Enforcement Officer may, in relation to theoffences specified in Fourth and Fifth Schedules-(a)(b)(c)issue notices in writing on behalf of the localgovernment;initiate legal proceedings in court; andassist in defending legal proceedings against thelocal government.72. Registers, reports and enforcement Gazette.---(1)District government shall specify registers for maintaining recordof cases and forms for monthly reports regarding enforcementactivities.(2) The Controlling Authority shall periodicallyreview enforcement effort, compile reports and publish quarterlyDistrict Enforcement Gazette.73. Police support to Enforcement Officers etc.---A localgovernment may requisition a police contingent on deputation orpayment of charges in accordance with the provisions of PoliceOrder, 2002 (Chief Executive’s Order No. 22 of 2002).Page 49

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – XIVLOCAL COUNCIL ELECTIONS74. Franchise, Wards and Electoral College.---(1) Saveas otherwise provided, election of members of village council,neighbourhood council, tehsil council and district council shall beheld on the basis of adult franchise and joint electorate.(2) Wards for the general seats in tehsil council anddistrict council shall be single member territorial wards.(3) Each tehsil or, as the case may be, each districtshall be a single ward for all seats reserved for women, peasantsand workers, youth and non-muslims allocated to the tehsil ordistrict in the respective parts of Second Schedule.(4) Members to fill seats reserved for women,peasants and workers, youth and non-muslims in the tehsilcouncil and district council shall be elected through proportionalrepresentation system of political parties’ list of candidates onthe basis of the total number of general seats secured by eachpolitical party in the respective local council.(5) The Electoral College for the election of Nazimand Naib-Nazim, District Council shall be members of the DistrictCouncil.(6) The Electoral College for the election of Nazimand Naib-Nazim Tehsil Council shall be members of the TehsilCouncil.(7) Elections to District Councils and TehsilCouncils shall be held on party basis and a political party shallbe eligible to obtain an election symbol for contesting theseelections.Explanation.---For the purpose of this section:a) the expression “total number of general seatssecured by each political party” shall includeindependent returned candidates or candidateswho may duly join such political party within threePage 50

Khyber Pakhtunkhwa Local Government Act, 2013days of the publication in the official Gazette of thenames of returned candidates and delivers anacceptance letter from the Party Leaderaddressed to the respective District ReturningOfficer.b) all members of the respective local councilsnotified as returned candidates in the electionsheld under this Act shall be deemed to bemembers of the electoral college.c) the term “Political Party” shall have the samemeaning as assigned to it in the Political PartiesOrder, 2002 (Chief Executive’s Order No. 18 of2002) and the provisions of the said Order shallmutatis mutandis apply to political partiescontesting election to district and tehsil councils.d) the term election symbol shall have the samemeaning and connotation as assigned to it in theAllotment of Symbols Order, 2002.75. Authority for Local Council Elections.---(1) Election tothe local councils shall be held by the Election Commission ofPakistan, hereinafter referred to as Election Commission.(2) The Election Commission may require anyperson or authority to perform such functions or, render suchassistance for the purpose of elections, including preparation ofelectoral rolls and disposal of election petitions and otherdisputes under this Act as deemed fit.(3) The Election Commission may authorize any ofits officers to exercise any of its powers and to perform any of itsfunctions under this Act.(4) It shall be the duty of all executive authorities inthe province to assist the Election Commission in the dischargeof its functions.76. Other powers and functions of the ElectionCommission.---The Election Commission shall also exercisePage 51

Khyber Pakhtunkhwa Local Government Act, 2013such other powers and perform such other functions as may beprescribed.77. Preparation of Electoral Rolls.---(1) A person shall beentitled to be enrolled as a voter if he-(a)(b)(c)is a citizen of Pakistan;is not less than eighteen years of age; andfulfils such other conditions as the ElectionCommission may specify.(2) The electoral rolls for the local council electionsshall be prepared or adopted by the Election Commission in themanner it may deem appropriate and the electoral rolls shall notbe invalid by reason of any erroneous description therein of anyperson listed or of an omission of the name of any personentitled to be enrolled or of inclusion of the name of any personnot so entitled.(3) Every person whose name is entered in theelectoral roll for a local council, and no person whose name isnot so entered, shall be entitled to cast a vote at an election tothe local council.78. Qualifications for candidates and elected members.---(1) A person shall qualify to be elected or to hold an electiveoffice or membership of a local council, if he-(a)(b)(c)(d)is a citizen of Pakistan;is at least twenty one years of age;is enrolled as a voter in the electoral rolls of therelevant ward or a council;is of good character and is not commonly knownas one who violates Islamic injunctions; hasadequate knowledge of Islamic teachings andpractices, obligatory duties prescribed by Islam aswell as abstains from major sins; provided thatPage 52

Khyber Pakhtunkhwa Local Government Act, 2013these qualifications shall not apply to a personwho is a non-muslim, but such a person shall havea good reputation;(e)(f)(g)(h)(i)(j)has not been declared by a competent court to beof unsound mind;is not in the service of the federal, a provincial or alocal government or, any statutory body or a bodywhich is controlled by any such government or, inwhich any of such governments has a controllingshare or interest, except the holders of electedpublic office and part-time officials remuneratedeither by salary or fee; provided that in case of aperson who has resigned or retired from suchservice, a period of not less than six months haselapsed since his retirement;has not been dismissed, removed or compulsorilyretired from public service on the grounds of moralturpitude, unless a period of five years haselapsed since his dismissal, removal orcompulsory retirement;does not possess assets which are inconsistentwith his declaration of assets or justifiable means,whether held in his own name or of thedependents or any other person or corporate bodyin whose name assets are held in trust or underany other formal or informal arrangement wherebythe de-facto control of such assets including theirsale, transfer or pecuniary interest, is retained byhim;has not been adjudged a willful defaulter of anytax or other financial dues owed to the federal, aprovincial, or a local government or any financialinstitution, including utility bills outstanding for sixmonths or more;has not been convicted by a court of competentjurisdiction on a charge of corrupt practicePage 53

Khyber Pakhtunkhwa Local Government Act, 2013involving moral turpitude or misuse of power orauthority under any law for the time being in force,unless a period of five years has elapsed since hisreleased;(k)(l)(m)(n)(o)(p)(q)(r)has not been sentenced to imprisonment for morethan three months for an offence under any lawand, a period of not less than five years haselapsed since his release; and in case of amember or a holder of a public office, has notbeen sentenced to imprisonment;has not failed to file the required return of electionexpenses or is not convicted for exceeding thelimits of election expenses prescribed under theelectoral laws and rules;has not been declared an un-discharged insolventby any court;does not engage in any transaction involvingpecuniary interest with the local government ofwhich he is a member;does not absent himself without reasonable causefrom three consecutive meetings of the council ofwhich he is a member; provided that a membershall not be disqualified if the absence wasnecessitated by a national emergency or forcemajeure;does not fail to attend a mandatory training courseas required under this Act;has not been and is not involved, in activitiesprejudicial to the ideology, interest, security, unity,solidarity, peace and integrity of Pakistan and itspeople, and the good order and harmony ofsociety; andhas not used, directly or indirectly, for his electionthe platform, flag, symbol, affiliation and financialPage 54

Khyber Pakhtunkhwa Local Government Act, 2013or material resources or support of an ethnic orsectarian or proscribed party, formation ororganization.(2) Whoever-(a)(b)is found by the Election Commission to havecontravened the provisions of sub-section (1) shallstand disqualified from being a candidate forelection to any office of the local governments fora period of three years; orhaving been elected as a member of a localcouncil or a holder of an elective office of the localgovernment is found by the Election Commissionto have contravened the provisions of sub-section(1) shall cease forthwith to be an elected memberor to hold the office of such member and standdisqualified from being a candidate for election toa local council for a period of three years.(3) If any question arises whether a member of alocal council has become disqualified from being a member, theNazim, unless he decides that no such question has arisen, shallrefer the question to the Election Commission within fifteen daysand should he fail to do so within the aforesaid period it shall bedeemed to have been referred to the Election Commission.(4) The Election Commission shall decide thequestion within ninety days from its receipt or deemed to havebeen received and if it is of the opinion that the member hasbecome disqualified, he shall cease to be a member and his seatshall become vacant.79. Term of office, first meeting, election of Nazim orNaib- Nazim and conduct of busine ss in Local Council.---(1)The term of office of a local council shall be four yearscommencing on the date on which it holds its first meeting:Provided that the first meeting shall be held not laterthan fifteen days from the day on which the names of itsmembers are notified.Page 55

Khyber Pakhtunkhwa Local Government Act, 2013(2) Save as otherwise provided, a local council shallin its first meeting and to the exclusion of any other businesselect from its members a Nazim and Naib Nazim by opendivision.(3) Government shall notify the assumption ofoffices by Nazimeen, Naib-Nazimeen and members of the localcouncils.(4) Every local council shall meet at least once inevery month and regulate its business in accordance with bye -laws made by it:Provided that district council shall be in session for atleast forty five accumulated days in a year.(5) Save as otherwise provided, all meetings of thelocal council shall be convened by the respective Nazim andshall be presided over by the Naib Nazim.(6) Save as otherwise provided, decisions of thelocal council shall be taken by resolutions passed by a simplemajority of the members present and voting and a copy of eachresolution shall be transmitted to the Government.(7) Quorum for the meetings of local council shallbe thirty three percent of its total membership.(8) Meetings of the local council shall be open topublic, unless the local council, by a resolution, decides to holdany meeting in camera.(9) Minutes of the meetings of the local council shallbe recorded and maintained by Secretary of the local council:Provided that Assistant Director, Local Government andRural Development in the district shall act as Secretary of thedistrict council and shall be responsible for coordinating mattersrelating to secretarial functions of village and neighbourhoodcouncils in the district.80. Oath of office and declaration of asse ts.---(1) APage 56

Khyber Pakhtunkhwa Local Government Act, 2013member, a Nazim and Naib-Nazim shall, before taking his seat,make and subscribe to an oath in such form as may bespecified.(2) Every Nazim, Naib-Nazim and member shall,after taking oath of office, declare his assets in the mannerprescribed.81. Casual vacancy.---(1) If the office of a member or aNazim and Naib-Nazim for any reason, falls vacant during theterm of office of a local council, a new member or a Nazim andNaib-Nazim, as the case may be, shall be elected in theprescribed manner within ninety days from the date suchvacancy is notified and he shall hold office for the residue ofsuch term.(2) If the vacancy in the office of member occurswithin four months of the expiry of the term of a local council, thevacancy shall not be filled.82. Resignation.---(1) A member of a local council mayresign his office by tendering resignation in writing to the Nazimof a local council of which he is a member.(2) A Nazim village council or neighbourhoodcouncil, may resign his office by tendering resignation in writingto the Nazim of respective tehsil council.(3) A Nazim, tehsil council or, as the case may be,district council, may resign his office by tendering resignation inwriting addressed to the Chief Minister.(4) The resignations so tendered shall deem to beaccepted and effective forthwith.(5) Copies of all resignations shall be forwarded tothe Election Commission.83. Removals.---(1) Where proceedings of disqualificationhave been initiated on an application made by any person or bythe Election Commission on its own motion against a member,Nazim, or Naib-Nazim, the Election Commission or any authorityPage 57

Khyber Pakhtunkhwa Local Government Act, 2013authorized by it may issue a notice to him to show cause, withina specified period as to why proceedings against him may not betaken for his removal.(2) Where the Election Commission or an authorityauthorized by it is not satisfied with the reply to the notice or anyreply to the said notice is not filed within the specified period, itmay order for an enquiry in the matter and for that purposeappoint an enquiry officer.(3) On the basis of enquiry, the ElectionCommission or an authority authorized by it may order theremoval of a member, Nazim, or, as the case may be, Naib-Nazim:Provided that before an order of removal is passed,member, Nazim, or, as the case may be, Naib-Nazim againstwhom enquiry proceedings are carried out shall be afforded areasonable opportunity of being heard, including personalhearing if so requested.84. Vote of no-confidence.---A Nazim and Naib-Nazim,shall cease to hold office if a vote of no-confidence is passedagainst him in the prescribed manner by two third majority of thetotal number of members of the local council electing himascertained through open division:Provided that-(a)(b)a motion of no-confidence shall not be movedbefore the expiry of six months of his assumptionof office as Nazim and Naib- Nazim; andwhere a motion of no-confidence against a Nazimand Naib- Nazim has been moved and has failedto secure the requisite majority of votes in itsfavour at the meeting, no similar motion shall bemoved against him before the expiry of six monthsfrom the date such motion was moved.85. Bar against dual membership.---A Nazim, Naib- Nazimor member of a local council may contest election for anyPage 58

Khyber Pakhtunkhwa Local Government Act, 2013political office after resigning from his respective existing officebefore filing of his nomination papers.86. Notification of election, resignation and removal ofNazim, Naib- Nazim, members, etc.---Every election,resignation or removal of a Nazim, Naib- Nazim, or a member, orthe vacation of office by them shall be notified by the ElectionCommission.87. Election Petition and Election Tribunal.---(1) Noelection under this Act shall be called in question, except by anelection petition made by a candidate for the election.(2) For the hearing of an election petition theElection Commission shall, by notification, appoint an officer tobe an Election Tribunal for such areas as may be specified in thenotification.(3) Subject to the provisions of this Act, everyelection petition shall be made and tried in such manner as maybe specified by the Election Commission.(4) The Election Tribunal shall have all the powersof a Civil Court trying a suit under the Code of Civil Procedure,1908 (V of 1908) and shall be deemed to be a Court within themeaning of sections 480 and 482 of the Code of CriminalProcedure, 1898 (V of 1898).88. Corrupt practice.---A person guilty of bribery,personating, or undue influence shall be punishable for anoffence of corrupt practice with imprisonment for a term whichmay extend to three years, or with fine which may extend to onehundred thousand rupees, or with both.89. Bribery.---A person is guilty of bribery, if he, directly orindirectly, by himself or by any other person on his behalf-(a)receives, agrees or contracts for any gratificationfor voting or refraining from voting or for being orrefraining from being a candidate at, orwithdrawing or retiring from, an election;Page 59

Khyber Pakhtunkhwa Local Government Act, 2013(b)gives, offers or promises any gratification to anyperson for the purpose of-(i)(ii)(iii)(iv)(v)(vi)inducing a person to be or to refrain frombeing a candidate at an election; orinducing a voter to vote or refrain fromvoting at any election; orinducing a candidate to withdraw or retirefrom an election; orrewarding a person for having been or forhaving refrained from being a candidate atan election; orrewarding a voter for having voted orrefrained from voting at an election; orrewarding a candidate for having withdrawnor retired from an election.Explanation.---In this section, “gratification” includes agratification in money or estimable in money and all forms ofentertainment or employment for reward.90. Personating.---A person is guilty of personating, if hevotes or applies for a ballot paper for voting as some otherperson whether that other person is living or dead or fictitious.91. Undue influence.---A person is guilty of undueinfluence, if he-(a)in order to compel any person to vote, refrain fromvoting, or to induce or compel any person towithdraw his candidature at an election, directly orindirectly, by himself or by any other person on hisbehalf-(i)makes or threatens to make use of anyforce, violence or restraint;Page 60

Khyber Pakhtunkhwa Local Government Act, 2013(ii)(iii)inflicts or threatens to inflict any injury,damage, harm or loss; oruses any official influence or governmentalpatronage; or(b)(c)on account of any person having voted orrefrained from voting, or having withdrawn hiscandidature, does any of the acts specified inclause (a); orby abduction, duress or any fraudulent device orcontrivance-(i)(ii)impedes or prevents the free exercise ofthe franchise by a voter; orcompels, induces or prevails upon anyvoter to refrain from voting or compels anyvoter to vote.Explanation.---In this section, ‘harm’ includes socialostracism or ex-communication or expulsion from any caste orcommunity.92. Illegal practice.---A person is guilty of illegal practicepunishable with fine which may extend to ten thousand rupees, ifhe-(a)(b)(c)(d)obtains or procures, or attempts to obtain orprocure, the assistance of any officer or official ofthe federal government, Government or a localgovernment or authority to further or hinder theelection of a candidate;votes or applies for a ballot paper for voting at anelection knowing that he is not qualified for votingor is disqualified from voting;votes or applies for a ballot paper for voting morethan once at any polling station;removes a ballot paper or a ballot box from aPage 61

Khyber Pakhtunkhwa Local Government Act, 2013polling station or destroys, damages or tamperswith the ballot-box used at a polling station;(e)(f)(g)knowingly induces or procures any person to doany of the aforesaid acts; orfails to provide statement of election expenses asrequired under this Act;makes or publishes a false statement-(i)(ii)(iii)concerning the personal character of acandidate or his relation calculated toadversely affect the election of suchcandidate or, for the purpose of promotingor procuring the election of anothercandidate, unless he proves that he hadreasonable ground for believing, and didbelieve, the statement to be true;relating to the symbol of a candidatewhether or not such symbol has beenallocated to such candidate; orregarding the withdrawal of a candidate;(h)(i)knowingly, in order to support or oppose acandidate, lets, lends, employs, hires, borrowsor uses any vehicle or vessel for the purpose ofconveying voters to or from the polling station,except when a person conveys himself or anymember of the household to which he belongs,to or from the polling station; andcauses or attempts to cause any person presentand waiting to vote at the polling station to departwithout voting.93. Prohibition of canva ssing.---A person is guilty of anoffence punishable with fine which may extend to ten thousandrupees, if he, on the polling day in connection with the election -Page 62

Khyber Pakhtunkhwa Local Government Act, 2013(a)(b)convenes, calls or organizes within a ward anymeeting; orwithin a radius of two hundred meters of thepolling station-(i)(ii)(iii)(iv)canvasses for votes;solicits vote of any voter;persuades any voter not to vote at theelection or for a particular candidate; orexhibits, except with the permission of theReturning Officer and at a place reservedfor the candidate or his polling agentbeyond the radius of one hundred metersof the polling station, any notice, sign,banner or flag designed to encourage thevoters to vote, or discourage the votersfrom voting, for any contesting candidate.94. Disorderly conduct near polling station.---A person isguilty of an offence punishable with imprisonment for a termwhich may extend to three months, or with fine which mayextend to ten thousand rupees, or with both, if he-(a)(b)(c)uses, in such manner as to be audible within thepolling station any gramophone, megaphone,loudspeaker or other apparatus for reproducing oramplifying sounds; orpersistently shouts in such manner as to beaudible within the polling station; ordoes any act which-(i)(ii)disturbs or causes annoyance to any votervisiting a polling station for the purpose ofvoting; orinterferes with the performance of the dutyPage 63

Khyber Pakhtunkhwa Local Government Act, 2013of a presiding officer, polling officer or anyother person performing any duty at apolling station; or(d)abets the doing of any of the aforesaid acts.95. Tampering with papers.---A person is guilty of anoffence punishable with imprisonment for a term which mayextend to six months, or with fine which may extend to tenthousand rupees, or with both, if he:(a)(b)(c)fraudulently defaces or destroys any nominationpaper or ballot paper;fraudulently takes out of the polling station anyballot paper or puts into any ballot box any ballotpaper other than the ballot paper he is authorizedunder the rules to put in;without due authority-(i)supplies any ballot paper to any person;(ii) destroys, takes, opens or otherwiseinterferes with any ballot box or packet orballot papers in use for the purpose ofelection; or(iii)(iv)breaks any seal affixed in accordance withthe provisions of the rules; orcauses any delay or interruption in thebeginning, conduct or completion of theprocedure required to be immediatelycarried out on the close of the poll; or(v) fraudulently or without due authorityattempts to do any of the aforesaid acts.96. Interference with secrecy of voting. ---A person isguilty of an offence punishable with imprisonment which mayextend to six months, or with fine which may extend to tenPage 64

Khyber Pakhtunkhwa Local Government Act, 2013thousand rupees, or with both, if he:(a)(b)interferes or attempts to interfere with a voterwhen he records his vote;in any manner obtains or attempts to obtain, in apolling station, information as to the candidate forwhom a voter in that station is about to vote or hasvoted; or(c) communicates at any time any informationobtained in a polling station as to the candidate forwhom a voter in that station is about to vote or hasvoted.97. Failure to maintain secrecy.---Any candidate or pollingagent attending a polling station, or any person attending thecounting of votes, is guilty of an offence punishable withimprisonment which may extend to six months, or with fine whichmay extend to ten thousand rupees, or with both, if he -(a)(b)fails to maintain or aid in maintaining the secrecyof voting; orcommunicates any information obtained at thecounting of votes as to the candidate for whomany vote is given by any particular ballot paper.98. Conduct of officials.---A presiding officer, polling officeror any other officer or official performing a duty in connectionwith an election, or any member of a police force, is guilty ofan offence punishable with imprisonment for a term which mayextend to six months, or with fine which may extend to twentythousand rupees, or with both, if he, during the conduct ormanagement of an election or maintenance of order at thepolling station:(a)(b)(c)persuades any person to give his vote;dissuades any person from giving his vote;influences in any manner the voting of any person;Page 65

Khyber Pakhtunkhwa Local Government Act, 2013(d)(e)(f)(g)does any other act calculated to further or hinderthe election of a candidate;fails to maintain or aid in maintaining the secrecyof voting;communicates, except for any purpose authorisedby any law, to any person before the poll is closedany information as to the name or number on theelectoral roll of any voter who has or has notapplied for a ballot paper, or has or has not votedat a polling station; andcommunicates any information obtained at thecounting of votes as to the candidate for whomany vote is given by any particular ballot paper.99. Breach of official duty in connection with election.---A presiding officer, assistant presiding officer, or any otherperson employed by any such officer in connection with hisofficial duties imposed by or under this Act is guilty of an offencepunishable with imprisonment for a term which may extend totwo years, or with fine which may extend to fifty thousandrupees, or with both, if he, willfully and without reasonablecause, commits breach of any such official duty, by act oromission.100. Assistance by Government servants.---A person inthe service of Government, the federal government, a localgovernment, or a body owned or controlled by the Government,federal government or a local government is guilty of an offencepunishable with imprisonment for a term which may extend to sixmonths, or with fine which may extend to twenty thousandrupees, or with both if he, in any manner, gives any assistancecalculated to further or hinder the election of a candidate.101. Summary trial.---All offences under this Chapter exceptthe offence of corrupt practice shall be tried summarily under theprovisions of the Code of Criminal Procedure 1898 (Act V of1898).102. Cognizance.---No court shall take cognizance of thePage 66

Khyber Pakhtunkhwa Local Government Act, 2013offences relating to conduct of officials and breach of official dutyexcept on the complaint in writing of the Returning Officerconcerned.103. Prosecution of offence s under this Chapter.---Saveas otherwise provided no court shall take cognizance of anoffence under this chapter except upon a complaint in writingmade by order or, or under authority from, the ElectionCommission.CHAPTER – XVMANAGING TRANSITION104. Administrative Transition.---(1) On coming into force ofthis Act, any office, authority or municipal body set up orcontrolled by Government shall continue providing serviceswithout any interruption during the devolution process or itsentrustment to any local government under this Act.(2) All functionaries of district councils, municipalcorporation, municipal committees and union councils set upunder the Khyber Pakhtunkhwa Local Government Act, 2012(Khyber Pakhtunkhwa Act No. VIII of 2012), shall continue toperform their respective duties and responsibilities with thesuccessor local government under this Act, until transferred toany other local government.105. Employees salaries not to be reduced on transfer,etc.---(1) On allocation, re-allocation or transfer of theemployees of the Government, municipal corporation, districtcouncils, municipal committees and union councils or any otherauthority, agency or body to any local government establishedunder this Act, the salaries, emoluments and pensions of suchemployees shall not be reduced on such allocation, re-allocationor transfer.(2) The Government shall ensure the payment ofsalaries, emoluments and pensions of the employees referred toin sub-section (1), including the employees of the Loc al CouncilService and the Servants of Local Councils set up under thePage 67

Khyber Pakhtunkhwa Local Government Act, 2013Khyber Pakhtunkhwa Local Government Act, 2012 (KhyberPakhtunkhwa Act No. VIII of 2012) till such time as Governmentmay deem appropriate.106. Bar on recruitments.---(1) During the transition periodspecified in this Act and till the adjustment for optimal utilizationof all employees of the Government, Local Council Service andServants of Local Councils, no fresh recruitment shall be madeto fill any vacancy in local governments set up under this Act,except with the express sanction of government;(2) Government shall make available the services ofthe employees placed in its surplus pool for utilization in theoffices devolved to local governments.(3) Local governments shall utilize the services ofthe employees of the local councils set up under the KhyberPakhtunkhwa Local Government Act, 2012 (KhyberPakhtunkhwa Act No. VIII of 2012) for meeting the shortfall in theoffices of local governments.107. Financial transition.---(1) All taxes and rents whichwere being charged, levied and collected by any office ofGovernment, development authority, agency or any local council,shall continue to be charged, levied and collected under this Actby the successor local governments and every person liable topay such taxes and rents and accumulated arrears andreceivables shall continue to make payment thereof until revised,withdrawn or varied under this Act.(2) Where any local council established under theKhyber Pakhtunkhwa Local Government Act, 2012 (KhyberPakhtunkhwa Act No. VIII of 2012), was receiving any grant orany compensation in lieu of octroi, toll tax, export tax, or anyother tax, the successor local government under this Act shallcontinue to receive such grant or compensation.108. Transitional timeframe.---All actions required for givingeffect to the provisions of this Act and transition to the localgovernment system set up there under shall be completed withinone year of the commencement of this Act.Page 68

Khyber Pakhtunkhwa Local Government Act, 2013CHAPTER – XVIMISCELLANEOUS109. Complaint Cell.---Every district government, tehsilmunicipal administration, village council and neighborhoodcouncil shall set up a complaint cell for redressal of grievanceswithin the ambit of their responsibilities under this Act.110. Training.---The Nazimeen, Naib-Nazimeen, members ofthe local councils and functionaries in local governments shallattend training courses for such periods and in such manner andat such places as may be prescribed by Government.111. Appeals.---Any person aggrieved by any order passedby a local government or its functionaries, in pursuance of thisAct or the rules or bye-laws made there under, may appeal tosuch authority, in such manner and within such period as may bespecified.112. Rules.---(1) Government may, by notification in theofficial Gazette, make rules for carrying out the purposes of thisAct.(2) In particular and without prejudice to thegenerality of the fore-going power, such rules may provide for allor any of the matters specified in Part –I of Seventh Schedule.(3) The rules made under sub-section (1) shall besubject to previous publication in the official Gazette and shallmeet the following considerations:-(a)(b)(c)(d)consistency with the provisions of this Act,democratic decentralization and subsidiarity;enhancement of welfare of the people;fairness and clarity; andnatural justice and due process of law.113. Bye-laws.---(1) A district council, tehsil council, villagePage 69

Khyber Pakhtunkhwa Local Government Act, 2013council and neighbourhood council may, in their ambit ofresponsibilities, make bye-laws to carry out the purposes of thisAct.(2) In particular and without prejudice to thegenerality of the foregoing power, such bye-laws may provide forall or any of the matters specified in Part -II of the SeventhSchedule:Provided that the Government may make model byelawson any, some or all of relevant subjects for the sake ofuniformity.114. Members and servants to be public servants.---AllNazimeen, Naib- Nazimeen, members of the local councils,functionaries of the local governments and every other personduly authorized to act on behalf of the local governments shallbe public servants within the meanings of section 21 of thePakistan Penal Code (Act XIV of 1860) and shall be subject tothe provisions of sections 161 to 169 of the said Code.115. Delegation of Powers.---A Nazim may delegate any ofhis powers, including financial powers, under this Act or the rulesor bye-laws to any of the officer in the local government fully orpartly and subject to such restrictions or conditions as he maydeem fit, after approval by the local council.116. Action taken in good faith.---No suit, prosecution, orother legal proceedings shall lie against any public servantserving in local governments for anything done in good faithunder this Act.Explanation.---The word “good faith” shall have thesame meaning as given to it in section 52 of the Pakistan PenalCode.117. General powers of local governments, etc.---(1) Everylocal government shall perform its functions conferred by orunder this Act.(2) Government shall specify general powers andstandard procedures to guide local governments in performancePage 70

Khyber Pakhtunkhwa Local Government Act, 2013of their functions.118. Local Council Board.---(1) Until otherwise decided bythe Government, the Local Council Board established, under theKhyber Pakhtunkhwa Local Government Act, 2012 (KhyberPakhtunkhwa Act No. VIII of 2012), for the administration of theLocal Council Service and Servants of Local Councils shallcontinue to function.(2) Government shall, within one year aftercommencement of this Act, provide for service structure of theLocal Council Service and the Servants of Local Councilsincluding specification of posts to be filled through KhyberPakhtunkhwa Public Service Commission.119. Act to override other laws on the subject.---Theprovisions of this Act shall have overriding effect,notwithstanding anything contained in any other law, on thesubject, for the time being in force.120. Repeal and saving.---(1) Soon after thecommencement of this Act, the Khyber Pakhtunkhwa LocalGovernment Act, 2012 (Khyber Pakhtunkhwa Act No. VIII of2012) shall stand repealed and all local councils created underthe said law shall stand dissolved.(2) Save as otherwise specifically provided, nothingin this Act, or any repeal effected thereby shall affect or bedeemed to affect anything done, action taken, investigation orproceedings commenced, order, rule, regulation, bye-lawsappointment, conveyance, mortgage, deed, document oragreement and contract made or saved, fee levied, tax imposedor assessed, scheme prepared or executed, resolution passed,direction given, proceedings taken or instrument executed orissued, under or in pursuance of any law repealed or amendedby this Act and any such thing, action, investigation,proceedings, order, rule, regulation, bye-laws appointment,conveyance, mortgage, deed, document, agreement, contractfee, tax, resolution, direction, proceedings or instrument suits,right or claims shall, if in force at the commencement of this Actand not inconsistent with any of the provisions of this Act,continue to be in force, and have effect as if it were respectivelydone, taken, commenced, made, directed, passed, given,Page 71

Khyber Pakhtunkhwa Local Government Act, 2013executed instituted, acquired or issued under this Act.121. Succe ssion.---(1) On commencement of this Act, thefollowing local governments shall succeed the rights, assets andliabilities of the local councils established or continued under theKhyber Pakhtunkhwa Local Government Act, 2012 (KhyberPakhtunkhwa Act. No. VIII of 2012):(a)(b)(c)(d)(e)in the case of municipal corporation, municipalcommittee university town and district council inPeshawar district by the city district government,Peshawar;in the case of district councils in districts otherthan Peshawar, by the respective districtgovernments;in the case of municipal committees for urbanareas in districts other than Peshawar by therespective tehsil municipal administration;in case of union councils in rural areas of theprovince by village councils to the extent offunctions assigned to them within their area ofresponsibility; andin case of union councils in areas with urbancharacteristics by the neighbourhood councils tothe extent of functions assigned to them withintheir area of responsibility.(2) The Local Government, Elections and RuralDevelopment Department, Government of Khyber Pakhtunkhwashall retain and continue to exercise administrative control overLocal Area Development Authorities in the province.(3) Government or an officer designated byGovernment shall, within one hundred and eighty days of thecommencement of this Act, divide rights, assets and liabilities ofthe local councils including adjustment of the staff amongst localgovernments and the decision of Government or of thedesignated officer shall be final.Page 72

Khyber Pakhtunkhwa Local Government Act, 2013122. Certain matters to be pre scribed.---Where this Actmakes any provision for anything to be done but no provision orno sufficient provision has been made as respects the authorityby whom, or the manner in which it shall be done, then it shall bedone by such authority and in such manner as may bespecified.123. Removal of difficulty.---Government may, by order,provide for the removal of any difficulty which may arise in givingeffect to the provisions of this Act.Page 73

Khyber Pakhtunkhwa Local Government Act, 2013FIRST SCHEDULE[See section 12]PART-ADEVOLVED OFFICE(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(xi)(xii)(xiii)(xiv)(xv)(xvi)(xvii)(xviii)(xix)(xx)(xxi)(xxii)Primary and Secondary EducationVocational EducationSpecial EducationAdult Education and LiteracyMother and Child Health Care CentersBasic Health UnitsRural Health CentersSocial WelfareCommunity DevelopmentSports and CultureRevenue & EstateAgriculture (Extension)LivestockOn-Farm Water ManagementSoil Conservation & Soil FertilityFisheriesCooperativesSocial and Farm-forestryHospitals other than District Headquarters, Teachingand Tertiary HospitalsRural Development & Rural WorksCommunication and Works, District Roads andBuildingsPublic Health & Public Health EngineeringPage 74

Khyber Pakhtunkhwa Local Government Act, 2013(xxiii)Population Welfare(xxiv) Coordination, Human Resource Management,Planning, Development, Finance and Budgetingfunctions for the devolved officesPART –BADDITIONAL GROUP OF OFFICES IN CITY DISTRICT(i) Public Transport Public transportation and mass transitPassenger and freight transit terminalsTraffic planning, engineering and ParkingNote: Depending upon the economies of scale and nature ofinfrastructure the City District Government may varygrouping of offices contained in Part-C and set updistrict municipal offices for integrated development andmanagement of the following services:(a)(b)(c)(d)(e)(f)(g)(h)Water source development and management,storage, treatment plants, and macro-distribution;Sewage tertiary and secondary network, treatmentplants, and disposal;Storm water drainage network and disposal;Flood control protection and rapid responsecontingency plans;Natural disaster and civil defense planning;Solid waste management, treatment and disposal,including land fill sites and recycling plants;Industrial and hospital hazardous and toxic wastetreatment and disposal;Environmental control, including control of air,Page 75

Khyber Pakhtunkhwa Local Government Act, 2013water, and soil pollution in accordance with federaland provincial laws and standards;(i) Master planning, land use, zoning andclassification, reclassification;(j)(k)(l)(m)Urban design and urban renewal programme;promulgation of building rules and planningstandards;Parks, forests, play grounds, sporting, and otherrecreational facilities;Museums, art galleries, libraries, community andcultural centers;Conservation of historical and cultural assets;(n) Landscape, monuments, and municipalornamentation;(o)Urban and housing development, including urbanimprovement and upgrading, and urban renewaland redevelopment, with care being taken topreserve historical and cultural monuments;(p) Regional markets and city-wide commercialcenters.Page 76

Khyber Pakhtunkhwa Local Government Act, 2013SECOND SCHEDULE[See sections 17 & 24]Part-ADistrict General WomenPeasants/WorkersMinorities Youth TotalPeshawar 92 31 5 5 5 138Haripur 45 15 3 3 3 69Nowshera 47 16 3 3 3 72Charsadda 49 17 3 3 3 75Swabi 56 19 3 3 3 84Mardan 75 25 4 4 4 112Kohat 32 11 2 2 2 49Karak 21 7 2 2 2 34Hangu 19 7 1 1 1 29Bannu 49 17 3 3 3 75Lakki Marwat 33 11 2 2 2 50DI Khan 49 16 3 3 3 74Tank 16 6 1 1 1 25Abbottabad 51 17 3 3 3 77Mansehra 59 20 3 3 3 88Battagram 20 7 1 1 1 30Swat 67 22 4 4 4 101Buner 29 9 2 2 2 44Shangla 28 10 2 2 2 44Chitral 24 8 2 2 2 38Dir-Upper 31 10 2 2 2 47Malakand 28 10 2 2 2 44Kohistan 39 13 2 2 2 58Dir-Lower 41 13 2 2 2 60Torghar 15 5 1 1 1 23Page 77

Khyber Pakhtunkhwa Local Government Act, 2013Part-BTehsil General WomenPeasants/WorkersMinorities Youth TotalPeshawar 92 31 5 5 5 138Charsadda 25 9 2 2 2 40Tangi 12 4 1 1 1 19Shabqadar 12 4 1 1 1 19Nowshera 32 11 2 2 2 49Pabbi 15 5 1 1 1 23Kohat 25 9 2 2 2 40Lachi 7 3 1 1 1 13Karak 9 3 1 1 1 15Banda DaudShah 51 1 1 1 9Takht-e-Nusrati 73 1 1 1 13Hangu 10 4 1 1 1 17Thall 9 3 1 1 1 15Bannu 43 15 3 3 3 67Domel 6 2 1 1 1 11Lakki Marwat 24 8 2 2 2 38Sari Naurang 9 3 1 1 1 15D.I Khan 21 7 2 2 2 34Pahar Pur 11 4 1 1 1 18Parwah 7 3 1 1 1 13Kulachi 5 1 1 1 1 9Daraban(Kala) 51 1 1 1 9Tank 16 6 1 1 1 25Mardan 46 16 3 3 3 71Takht Bhai 17 6 1 1 1 26Katlang 12 4 1 1 1 19Swabi 14 5 1 1 1 22Lahor 11 4 1 1 1 18Topi 11 4 1 1 1 18Razzar 20 7 1 1 1 30Abbottabad 35 12 2 2 2 53Hav ailian 16 6 1 1 1 25Haripur 37 13 2 2 2 56Ghazi 8 3 1 1 1 14Mansehra 36 12 2 2 2 54Ogi 11 4 1 1 1 18Ballakot 12 4 1 1 1 19Judbah 7 3 1 1 1 13Hassanzai 8 3 1 1 1 14Battagram 12 4 1 1 1 19Allai 8 3 1 1 1 14Palas 13 5 1 1 1 21Dassu 11 4 1 1 1 18Pattan 10 4 1 1 1 17Kandia 5 1 1 1 1 9Babuzai 17 6 1 1 1 26MattaShamozi 135 1 1 1 21Page 78

Khyber Pakhtunkhwa Local Government Act, 2013Khwazakhela 7 3 1 1 1 13Behrain 8 3 1 1 1 14Kabal 12 4 1 1 1 19Charbagh 5 1 1 1 1 9Bari Kot 5 1 1 1 1 9Alpuri 19 7 1 1 1 29Puran 9 3 1 1 1 15Dir-Upper 12 4 1 1 1 19Kalkot 5 1 1 1 1 9Wari 9 3 1 1 1 15Barawal 5 1 1 1 1 9Taimarghra 6 2 1 1 1 11Samar Bagh 6 2 1 1 1 11Adnezai 8 3 1 1 1 14Lal Qila 5 1 1 1 1 9Khall 5 1 1 1 1 9Balambat 6 2 1 1 1 11Munda 5 1 1 1 1 9Chitral 14 5 1 1 1 22Mastoj 10 4 1 1 1 17Daggar 10 4 1 1 1 17Gagra 9 3 1 1 1 15Khado Khel 5 1 1 1 1 9Totali(Mandan) 51 1 1 1 9Batkhela 17 6 1 1 1 26Dargai 11 4 1 1 1 18Page 79

Khyber Pakhtunkhwa Local Government Act, 2013THIRD SCHEDULE[See section 42]Part - IDISTRICT GOVERNMENT1. Tax for Education and Health.2. Any other tax authorized by the Government.3. Local rate on lands assessable to land revenue.4. Fees in respect of educational and health facilitiesestablished or maintained by the DistrictGovernment.5. Fee for licenses or permits and penalties or finesfor violations.6. Fees for specific services rendered by a districtgovernment.7. Collection charges prescribed for recovery of tax onbehalf of the government, other local governmentsor any statutory authority.8. Toll on roads, bridges, ferries maintained by DistrictGovernment.9. Rent for land, buildings, equipment, machinery, andvehicles owned by the District Government.10. Fee for major industrial exhibitions and other publicevents organized by the District Government.Page 80

Khyber Pakhtunkhwa Local Government Act, 2013PART - IICITY DISTRICT GOVERNMENT1. Taxes enumerated in Part-I.2. Fee on advertisements, other than on radio andtelevision, and bill-boards.3. Fee for approval of building plans, erection and reerectionof buildings.4. Charges for execution and maintenance of works ofpublic utility lighting of public places, drainage,conservancy and water supply operated andmaintained by City District Government.PART - IIITEHSIL MUNICIPAL ADMINISTRATION1. Local tax on services.2. Fee on sale of animals in cattle markets.3. Market Fees.4. Tax on the transfer of immovable property.5. Urban Immovable Property Tax as specified in thisAct.6. Fee for fairs, agricultural shows, cattle fairs,industrial exhibitions, tournaments and other publicevents organized by Tehsil MunicipalAdministration.7. Fee for licenses or permits and penalties or finesfor violations.8. Fee on cinemas, dramatical, theatrical shows andtickets thereof, and other entertainment.9. Collection charges prescribed for recovery of anyPage 81

Khyber Pakhtunkhwa Local Government Act, 2013tax on behalf of the Government, other localgovernments or any statutory authority.10. Rent for land, buildings, equipment, machinery andvehicles owned by Tehsil Municipal Administration.11. Fee for specific services rendered by a TehsilMunicipal Administration.12. Tax on vehicles other than motor vehiclesregistered in the Tehsil.13. Fee on advertisements, other than on radio andtelevision, and billboards.14. Fee for approval of building plans, erection and reerectionof buildings15. Charges for development, betterment,improvement and maintenance of works of publicutility like lighting of public places, drainage,conservancy and water supply by Tehsil MunicipalAdministration.PART - IVTOWN MUNICIPAL ADMINISTRATION1. Taxes enumerated at Serial # 1 to 12 of Part-III.2. Fee for approval of building plans, erection and reerectionof buildings with the approval of the CityDistrict Government.Part-VVILLAGE & NEIGHBOURHOOD COUNCILS1. Prescribed fees for licensing of professions andvocations in the area of the Council.2. Fees for registration and certification of births,marriages, and deaths.Page 82

Khyber Pakhtunkhwa Local Government Act, 20133. Charges for specific services rendered by theCouncil.4. Rate for the remuneration of Village andNeighbourhood guards.5. Rate for the execution or maintenance of any workof public utility like lighting of public places,drainage, conservancy and water supply operatedby the Council.6. Conservancy charges.Page 83

Khyber Pakhtunkhwa Local Government Act, 2013FOURTH SCHEDULE[ See section 66]LIST OF OFFENCES WITH ENFORCEMENT JURISDICTIONREQUIRING COURT TRIALS.#PART-IOffence1. Overcharging or illegally charging any tax, fee, fine,charge or rate by an employee of a local governmentor a contractor or his staff without the authority of alocal government.2. Preparing or using counterfeit or proscribed Forms ofthe local government.3. Wilfully obstructing any officer or servant of a localgovernment or any person authorized to exercisepowers under this Act.4. Failure to deliver back possession of property to thelocal government on cancellation and expiration oflease.5. Doing an act without license or permission when thedoing of such act requires a license or permissionunder this Act or the rules or bye-laws made under it.6. Evasion of payment of tax or other impost lawfullylevied by a local government.7. Contravention of the prohibition or attempt orabetment of any of the offences in this Part8. Discharging any dangerous chemical, inflammable,hazardous or offensive article in any drain, or sewer,public water course or public land vested in ormanaged, maintained or controlled by the localgovernment in such manner as causes or is likely tocause danger to persons passing by or living orworking in neighbourhood, or risk or injury to property.Page 84

Khyber Pakhtunkhwa Local Government Act, 2013S.#Offence9. Failure of industrial or commercial concerns to provideadequate and safe disposal of affluent or prevention oftheir mixing up with the water supply or seweragesystem.10. Supplying or marketing drinking water for humanconsumption in any form, from any source which iscontaminated or suspected to be dangerous to publichealth, or its use has been prohibited by a localgovernment on the ground of being unsafe for humanconsumption, or whose quality and suitability forhuman consumption has not been ascertained andcertified by a laboratory authorized by theGovernment.11. Cultivation of agriculture produce or crop, for supply orsale to public using such manure, or irrigating it withsewer water or any such liquid as may be injurious topublic health or offensive to the neighbourhood.12. Violation of the prohibitions provided in the MasterPlan, the sanctioned Site Development Schemesunder this Act or any other law for the time being inforce including plans and schemes sanctioned underthe repealed enactments.13. Adulteration of any eatable or drinkable orconsumable item sold or supplied to the public.14. Manufacturing, trading, storing or supplying anyeatable or drinkable item and other items unsafe forhuman consumption or public health.15. Without license from relevant authority manufacturing,storing, trading or carrying fire crackers, fire balloonsor detonators or any dangerous chemical,inflammable, hazardous or offensive article ormaterial.16. Immovable encroachment in or on or under anyproperty or any open space or land vested in ormanaged, maintained or controlled by a localgovernment.Page 85

Khyber Pakhtunkhwa Local Government Act, 2013S.#Offence17. Erection or re-erection of building over set back areaor parking area or building line area required to be leftopen under the rules or using such space for anypurpose which is not approved.18. Changing or converting into any other use any portionof a commercial building or area specified orearmarked for public parking.19. Failure to demolish or otherwise secure a buildingdeclared by the local government to be dangerous.20. Establishing any parking stand on any property or onany open space and public park or l and vested in ormanaged, maintained or controlled by a localgovernment on or under a street, road, graveyard or adrain without the sanction of the relevant localgovernment.21. Quarrying, blasting, cutting timber or carrying buildingoperations in such manner as causes or is likely tocause danger to persons passing by or living orworking in the proximity.22. Erection or re-erection of a building without thesanction required under this Act or using a building fora purpose which may endanger the security of people.23. Dyeing or tanning skins within such distance of anycommercial or residential areas as may be specifiedby the local government.S.#PART-IIOffence24. Contravention of the prohibition or attempt or abetmentof any of the offences in this Part.25. Manufacturing, keeping, storing or selling wire thread orany other material meant for kite flying or in the mannercausing danger to the human life or the electricinstallations or disruption in electric supply.Page 86

Khyber Pakhtunkhwa Local Government Act, 201326. Preparation and sale of article or articles of food ordrink by a person apparently suffering from anyinfectious or contagious disease that may endanger thehealth of people.27. Establishing any cattle market without permission of thelocal government.28. Establishing any bus, wagon, taxi or other commercialmotorized or non-motorized vehicle stand for thepurpose of plying them on different routes on any road,street, footpath, public place or any other propertyvested or managed or controlled or maintained by alocal government without its permission.29. Establishing or running any restaurant or vending stallsfor eatables on any road, street, footpath, public place,over a drain, or any other property vested in ormanaged or controlled or maintained by a localgovernment without its permission.30. Establishing a brick kiln and lime kiln within suchdistance of a residential area as may be specified bythe local government.31. Cutting down of any tree, or erection or demolition ofany building or part of a building where such action isdeclared under this Act to be a cause of danger orannoyance to the public.Page 87

Khyber Pakhtunkhwa Local Government Act, 2013FIFTH SCHEDULE[See Section 66 & 68]OFFENCES WHERE TICKET CAN BE ISSUEDS.#Offence1. Neglect in safe storage of eatable,drinkable and other consumableitems sold or supplied to the public.2.a. Fixing of wooden khokhas, andtemporary shops or extensionthereof on footpaths or beyondthe street line.b. Plying of handcarts for the saleof goods without permission.3. Failure by the owner or occupier ofany land to clear away and removeany vegetation declared by a localgovernment to be injurious tohealth or offensive toneighbourhoods.4. Slaughtering of animals for the saleof meat at a place other than theplace set apart for the purpose.5. Without the permission of the localgovernment causing or knowinglyor negligently allowing the contentsof any sink, sewer or cesspool orany other offensive matter to flow,or drain or to be put upon anystreet, or public place, or intoirrigation channel or any sewer ordrain not set apart for the purpose.6. Keeping or maintaining any cattle inany part of the prohibited zone orfailure to remove the cattle from theprohibited zone within the specifiedAmount ofFineRs. 2,000Rs.1,000Rs.200Rs. 500Rs. 500a. Rs. 2,000 inCase ofcommercialconcerns.b. Rs.500 forothers.Rs. 500Page 88

Khyber Pakhtunkhwa Local Government Act, 2013time when an order to this effecthas been made.7. Keeping ferocious dogs or otheranimals in residential areas ortaking such animals to publicplaces or the areas specified by thelocal government, without leash orchain and without being muzzled orto set at large any animal or doginfected with rabies or any otherinfectious disease.8. Obstructing or tampering with anyroad, street, drain or pavement.9. Obstructing or tampering with anymain pipe, meter or any apparatusor appliance for the supply of wateror sewerage system.10. Without previous sanction of thelocal government- laying out a drainor altering any drain in a street orroad; connecting any house drainwith a drain in a public street; anddrawing off, diverting or taking anywater.11. Excavation of earth, stone or anyother material within such distanceof the residential area as specifiedby the local government.12. Burying or burning a dead body ata place which is not a public orregistered burial or burning place,except with the sanction of the localgovernment.13. Failure to furnish, on requisition,information in respect of any m atterwhich a local government isauthorized to call for under any ofthe provisions of the Act, rules orRs. 500Rs. 2,000Rs. 2,000Rs. 1,000Rs. 1,000Rs. 1,000Rs. 500Page 89

Khyber Pakhtunkhwa Local Government Act, 2013bye-laws or furnishing wronginformation.14. Obstructing lawful seizure ofanimals liable to be impounded onthe ground of violations of rules orby-laws governing the picketing,tethering, keeping, milching orslaughter of animals or theirtrespass of private or publicproperty.15. Picketing, parking animals orcollecting carts or vehicles on anystreet, using any street as a haltingplace for vehicle or animals or as aplace for encampment withoutpermission of the local government.16. Causing or permitting animals tostray or keeping, tethering, stalling,feeding or gazing any cattle on anyroad, street or thoroughfare or inany public place or damaging orcausing or permitting to bedamaged any road, street orthoroughfare by allowing cattle tomove thereon.17. Disposal of carcasses of animalswithin prohibited distance.18. Failure to dispose of offal, fat orany organ or part of a dead animalin a place set apart for the purposeby the local government.19. Throwing or placing any refuse,litter or garbage on any street, or inany place, not provided orappointed for the purpose by alocal government.20. Failure to provide for disposal oflitter or garbage inside or outside aRs. 500Rs. 500Rs. 500Rs. 500Rs. 500Rs. 500Rs. 500Page 90

Khyber Pakhtunkhwa Local Government Act, 2013shop by its owner.21. Failure to maintain clean premisesof the area in front of a shop, officeor factory up to the public street orroad serving this facility.22. Watering cattle or animals, orbathing or washing at or near a wellor other source of drinking water forthe public.23. Steeping hemp, jute or any otherplant in or near a pond or any otherexcavation within such distance ofthe residential area as may bespecified by a local government.24. Failure to provide, close, remove,alter, repair, clean, disinfect or putin proper order any latrine, urinaldrain, cesspool or other receptaclefor filth, sullage, water or refuse byan owner of a house, shop, office,industry or premises.25. Failure to clean the premises,houses, shops and cultivated landsof the plastic bags and other nonperishablematerials.26. Damaging or polluting physicalenvironment, inside or outsideprivate or public premises, in amanner to endanger public health.27. Failure by the owner or occupier ofany land to cut or trim the hedgesgrowing thereon which overhangany well, tank or other source fromwhich water is derived for publicuse.Rs. 1000Rs. 500Rs. 1,000Rs. 3,000 forcommercialconcernsRs.500 forhouseRs. 500Rs. 2,000 forpublicpremisesRs.500 forprivatepremisesRs. 500Page 91

Khyber Pakhtunkhwa Local Government Act, 201328. Failure by the owner or occupier ofany land or building to clean, repair,cover, fill up or drain off any privatewell, tank or other source of watersupply, which is declared under thisAct to be injurious to health oroffensive to the neighbourhood.29. Failure to stop leakages of waterpipes, faucets and sanitary fittingsresulting in dirty water poolsaffecting physical environment andbreeding of mosquitoes.30. Failure of an owner or occupier ofany building or land to put up andkeep in good condition troughs andpipes for receiving or carrying wateror sullage water.31. Feeding or allowing to be fed ananimal meant for dairy or meatpurposes, on deleterioussubstance, filth or refuse of anykind which is dangerous to healthof consumers.32. Defacing or disturbing anydirection-post, lamp post or lampextinguishing or any light arrangedby a local government without dueauthority.33. Fixing or allowing the fixing of anybill, notice, play card, poster orother paper or means ofadvertisement against or upon anyprivate or public building or placeother than the places fixed for thepurpose by a local government.Rs. 1,000Rs. 1,000Rs. 1,000Rs. 1,000Rs. 1,000Rs. 1,00034. Exhibiting any obsceneadvertisement.Page 92Rs. 1,00035. Loud playing of music or radio, Rs. 1,000

Khyber Pakhtunkhwa Local Government Act, 2013beating of drum or tom-tom,blowing a horn or beating orsounding any brass or otherinstruments or utensils incontravention of any general orspecial prohibition issued by a localgovernment or a hospital or aneducational institution.36. Loud shouting in abusive languagecausing distress to the inhabitantsof a neighbourhood or village orany other public place.37. Using or allowing the use forhuman habitation of a buildingdeclared by a local government tobe unfit for human habitation.38. Failure to lime-wash or repair abuilding, if so required by localgovernment.39. Begging importunately for alms byexposing any deformity or diseaseor any offensive sore or wound tosolicit charity.40. Causing or permitting to be causedby any owner or keeper of ananimal who through neglect orotherwise damage any land or cropor produce of land, or any publicroad, by allowing such animal totrespass thereon.41. Selling cattle and animals incontravention of any law, rule or bylawsof a local government.Rs. 1,000Rs. 1,000Rs. 1,000Rs. 500Rs. 1,000Rs. 1,00042. Kite flying in contravention of anygeneral or specific prohibitionissued by local governments.Rs. 30043. Keeping pigeon or other birds in a Rs. 500Page 93

Khyber Pakhtunkhwa Local Government Act, 2013manner causing danger totraffic.air44. Digging of public land without thepermission in writing of localgovernment.45. Contravention of the prohibition ordirection of the local governmentissued under the Act.46. Attempt or abetment of any of theoffences in this Schedule.Rs. 1,000Rs. 500Same as forthe offencespecified in theSchedulePage 94

Khyber Pakhtunkhwa Local Government Act, 2013SIXTH SCHEDULE[ See section 68)]FORM OF TICKETName & Add ress of the Of fend er:_____ ____ ____ ____ ____ ____ ____ _Name & Add ress of the Of fend er:_____ ____ ____ ____ ____ ____ ____ _Name & Add ress of the Of fend er:_____ ____ ____ ____ ____ ____ ____ _Name & Add ress of the Of fend er:_____ ____ ____ ____ ____ ____ ____ _NIC No._ ___ ____ ____ ____ ____ ____NIC No. ____ ____ ____ ____ ___ ____NIC No. ____ ____ ____ ____ ___ ____NIC No. ____ ____ ____ ____ ___ ____Particulars of Offe nce:(S ection of Law withdetails of off ences:_____ ____ ____ ____ ____ ____ ____ _Particulars of Offe nce:(S ection of Law withdetails of off ences:_____ ____ ____ ____ ____ ____ ____ _Particulars of Offe nce:(S ection of Law withdetails of off ences:_____ ____ ____ ____ ____ ____ ____ _Particulars of Offe nce:(S ection of Law withdetails of off ences:_____ ____ ____ ____ ____ ____ ____ _Date of com mission of Offe nce:Date of com mission of Offe nce:Date of com mission of Offe nce:Date of com mission of Offe nce:Amount of Fine: Rs._____ ____ ____ ____ ____ ____ ____ _(in lette rs)Amount of Fine: Rs._____ ____ ____ ____ ____ ____ ____ _(in lette rs)Amount of Fine: Rs._____ ____ ____ ____ ____ ____ ____(in lette rs)Amount of Fine: Rs._____ ____ ____ ____ ____ ____ ___(in lette rs)Date by which the Fine is to b e paid_____ ____ ____ ____ ____ ____ ____ _Date by which the Fine is to b e paid_____ ____ ____ ____ ____ ____ ____ _Date by which the Fine is to b e paid_____ ____ ____ ____ ____ ____ ____Date by which the Fine is to b e paid_____ ____ ____ ____ ____ ____ ____(Note: The amount of fine shall bedeposited in Bank )(Note: The amount of fine shall bedeposited in Bank )(Note: The amount of fine shall bedeposited in Bank )(Note: The amount of fine shall bedeposited in Bank )Corrective actionsorde red :___ ____ ____ ____ ____ ____Corrective actionsorde red :___ ____ ____ ____ ____ ____Corrective actionsorde red :___ ____ ____ ____ ____ ____Corrective actionsorde red :___ ____ ____ ____ ____ ____Name of th e Court having ju risdiction:Name of th e Court having ju risdiction:Name of th e Court having ju risdiction:Name of th e Court having ju risdiction:_____ ____ ____ ____ ____ ____ ____ ______ ____ ____ ____ ____ ____ _________ ____ ____ ____ ____ ____ _________ ____ ____ ____ ____ ____ ____Signatu re o r Thum b Im pression of th eOffende r:Signatu re o r Thum b Im pression of th eOffende r:Signatu re o r Thum b Im pression of th eOffende r:Signatu re o r Thum b Im pression of th eOffende r:Page 95

Khyber Pakhtunkhwa Local Government Act, 2013_____ ____ ____ ____ ____ ____ ____ ______ ____ ____ ____ ____ ____ ____ ______ ____ ____ ____ ____ ____ ________________________________Signatures and seal of Enforcement OfficerSignatu res and seal of E nforc emen tOfficerSignatures and seal of Enforcement OfficerSignatures and seal of Enforcement Officer_____ ____ ____ ____ ____ ____ ____ ______ ____ ____ ____ ____ ____ ____ ______ ____ ____ ____ ____ ____ _________ ____ ____ ____ ____ ____ ____Copy-1 (To be retained byEnforc ement Officer )Copy-2 (To be retained by Offenderon payment of fine )Copy-3 (To be returned toEnforcement O ffi cer by offenderafter payment wi thin ten day s)Copy-4 (To be sen t by the Bank tothe local Accounts O ffi cer)Page 96

Khyber Pakhtunkhwa Local Government Act, 2013SEVENTH SCHEDULE[See sections 112 and 113]Part - IRules1. Local Government (Conduct of Elections);2. Local Government (Taxation);3. Local Government (Servants);4. Local Government (Budget and Accounts);5. Local Government (Contracts);6. Local Government (Works & Services);7. Local Government (Development Authorities);8. Local Government (Regulation of SiteDevelopment Schemes);9. Local Government (Monitoring & Supervision);10. Local Government (Provision of Information andTransparency);11. Local Government (Internal Audit);12. Local Government (Public Private Partnership);13. Local Government (Conduct of Inspections).14. Local Government (Elected Officials Conduct);15. Local Government (Procurement);16. Local Government (Fiscal Transfers);17. Local Government (Registration of births, deathsand marriages; and18. Any other set of rules necessary for implementationof this Act.

Khyber Pakhtunkhwa Local Government Act, 2013Part – IIBye-laws1. Conduct of Business and Conduct of Meetings2. Zoning, master planning, and buildings.3. Dangerous buildings and structures.4. Prevention of encroachments.5. Elected officials remuneration and allowances6. Agricultural Development7. Community Development and Social Welfare.8. Registration of sale and control of cattle andanimals.9. Registration, management and regulation oforphanages, widow homes, senior citizens homes,homes for the mentally ill, and women in distress.10. Regulation of burial and cremation places.11. Slaughter of animals and maintenance ofslaughterhouses.12. Prevention of adulteration of foodstuffs.13. Animal husbandry and milk supply.14. Prevention and abatement of nuisances.15. Dangerous and offensive articles and trades asindicated in the Annexure.16. Regulation of traffic.17. Organization and regulation of fairs, shows,tournaments and other public gatherings.18. Prevention of beggary, juvenile delinquency andother social evils.Page 98

Khyber Pakhtunkhwa Local Government Act, 201319. Licensing.20. Regulation of Markets.21. Libraries.22. Parks and open places.23. Prevention of air, water, noise, and soil pollution.24. Forests and plantations.25. Property Management.26. Farm produce markets.27. Encroachment on any public road, public street, orpublic place.28. Picketing, parking animals or collecting carts orvehicles on any street.29. Throwing or placing refuse on any street, or in anyplace not provided or appointed for the purpose.30. Dyeing or tanning animal skins.31. Tampering with any main, pipe, or any apparatusor appliance for the supply of water.32. Excavation of earth, stone or any other material.33. Disposing of carcasses of animals.34. Use of sewer water for farming.35. Flow or drain to be put upon any street, or publicplace, or into an irrigation channel or any sewer ordrain not set apart for the purpose.36. Fixing any bill, notice, placard, or other paper ormeans of advertisement against or upon anybuilding or place other than the places fixed for thepurpose.37. Fixing of wooden khokhas, plying of handcarts forthe sale of goods, and temporary or permanentshops or extensions thereof on footpaths or beyondthe street line.Page 99

Khyber Pakhtunkhwa Local Government Act, 201338. Pollution of air, water or soil.39. Watering cattle or animals, or bathing or washingat, or, near a well or other source of drinking waterfor the public.40. Other matters as in the opinion of the DistrictCouncil are necessary or expedient to be providedfor in the bye-laws.Page 100

Khyber Pakhtunkhwa Local Government Act, 2013ANNEXURE[See Serial # 15 Seventh Schedule]DANGEROUS AND OFFENSIVEARTICLES AND TRADES1. The business of storing or selling timber, firewood,coal, charcoal and coke, hay, straw, grass andbamboo, jute, shrub, hemp, munj and theirproducts, matches, explosives, petrol, oil andlubricants, paper, ghee and other dangerouslyinflammable materials.2. Sugar refining and sugar refineries.3. Preparation of aerated water.4. Operating or running bake houses.5. Electroplating.6. Welding.7. Storing packing, pressing, cleaning, preparing ormanufacturing by any process whatever, blastingpowder, ammunition, fireworks, gun-powder,sulphur, mercury, gases, gum, cotton, saltpeter,nitro compounds, nitro mixtures, phosphorous ordynamite.8. Cleaning, dying, preparing or manufacturing by anyprocess whatever, cloth or yarn in indigo and othercolours.9. Storing, processing, cleaning, crushing, melting,preparing or manufacturing by any processwhatever or dealing in bones, tallow, offal, fatPage 101

Khyber Pakhtunkhwa Local Government Act, 2013blood, soap, raw hides and skins, candles, manure,catgut and oil cloth.10. Manufacturing oils.11. Washings or drying wool or hair.12. Making or manufacturing bricks, surkhi, tiles orearthenware pots, clay pipes or other earthenwareby any process of baking or burning.13. Burning or grinding of limestone or metal stone orstoring of lime for sale.14. Cleaning or grinding of grain or chilies by any kindof class of machinery.15. Keeping animals likely to create nuisances.16. Fell mongering.17. Casting of heavy metals such as iron, lead, copperand brass.18. Dealing in poisons, acid, chemicals, liquid orotherwise.19. Wholesale storing, cleaning, pounding and sellingof tobacco except the storing of tobacco requiredfor the preparation of biddis, cigars or cigarettes.20. Operating or running tin factories.21. Manufacture of safes, trunks and boxes.22. Marble cutting and polishing.23. Glass leveling and polishing.Page 102

Khyber Pakhtunkhwa Local Government Act, 201324. Manufacture of cement and hume pipes.25. Storing, packing, pressing, cleaning, preparing ormanufacturing by any process whatever, rags,pitch, tar, turpentine demmar, coconut, fibre, flax,hemp, rosin or spirit.26. Tanning, pressing or packing hide or skins whetherraw or dry.27. Trade or operation of Ferries.28. Working of power-looms, rice husking plants,steam whistle, steam trumpet or electric or handoperated sirens beyond hours fixed for theiroperation by a local government.29. Discharging firearms and letting off fire-works, fireballoons or detonators or any game dangerous tolife, dwelling and other property.30. Any other article or trade declared by Governmentto be dangerous to life, health, or property or likelyto cause nuisance either from its nature or byreason of the manner in which or the conditionsunder which, the same may be processed orcarried on.BY ORDER OF MR. SPEAKERPROVINCIAL ASSEMBLY OF KHYBER PAKHTUNKHWA-------------------------------------------Page 103