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Draft #2 FATA Local Government Regulation (August 2012, FATA Secretariat, small font version)


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Draft #2 FATA Local Government Regulation (August 2012, FATA Secretariat, small font version)

  1. 1. FATA LOCAL GOVERNMENT REGULATION 2012 A REGULATION to establish and regulate municipal bodies in the Federally Administered Tribal Areas. WHEREAS it is expedient to introduce, regulate and establish local municipal bodies in FATA and to provide for matters connected therewith and ancillary thereto;NOW, THEREFORE, in exercise of powers conferred by clause (5) of Article 247 of the Constitution of the Islamic Republic ofPakistan, the President is pleased to make the following Regulation, namely:1. Short title, extent and commencement- (VII) “Chairman and Vice-Chairman” mean the chairman and(1) This Regulation may be called the Federally vice-chairman of a municipal body constituted under thisAdministered Tribal Areas Local Government Regulation, Regulation;2012. (VIII) “conservancy” means the collection, treatment,(2) It extends to the whole of the Federally Administered removal and disposal of refuse and waste;Tribal Areas (IX) “dairy” includes any farm, cattle-shed, cow-house, milk(3) It shall come into force on such date as the Governor store, milk shop or other place from where milk or milkmay, by notification in the official gazette determine, and products are supplied for sale;different dates and areas may be notified for differentprovisions of this Regulation. (X) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel or any other arrangement for carrying sullage or rain water; CHAPTER -I- DEFINITIONS (XI) “drug” means any substance used as medicine or in the2. : In this Regulation, unless there is anything repugnant composition or preparation of medicine, whether for internalin the subject or context,- or external use;(I) “annual rental value” means the gross annual rent at (XII) “erect or re-erect a building” means the construction ofwhich a building or land may be let from year to year; a new building and includes such material alterations of building as enlargement of any wall, veranda, fixed platform,(II) “budget” means an official statement of the income and plinth or a part of the building, structural conversion into oneexpenditure of a municipal body for a financial year; or more places for human habitation of a building not originally meant for the purpose, structural conversion of two(III) “building” includes any shop, house, hut, out-house, or more places of human habitation into a greater number ofshed, stable or enclosure built of any material and used for such places, addition of any rooms, building substance orany purpose, and also includes a wall, well, veranda, other structure to a building, re-construction of whole or anyplatform, plinth, ramp, stair-case and steps; part of the external walls of a building or the renewal of the parts of a wooden building, construction in a wall adjoining(IV) “building line” means a line beyond which the outer any street or land not belonging to the owner of the wall,face or any part of an external wall of a building may not construction of a door opening to such street or land, suchproject in the direction of any street, existing or proposed; alteration of the internal arrangements of a building as affects its drainage, ventilation or other sanitary arrangements or its(V) “bye-laws” means bye-laws made under this Regulation; security or stability;(VI) “cattle” include cows, buffaloes, bulls, oxen, bullocks, (XIII) “food” includes every eatable consumed for food orcalves, camels, sheep and goats; drink by human beings but does not include drugs or water;FATA Local Government Regulation 2012 Page 1 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  2. 2. (XXI) “market” means a place where persons assemble for(XIV) “functions” include powers to be exercised and duties the sale and purchase of meat, fish, fruit, vegetables or anyto be performed; other article of food or for the sale and purchase of livestock or animals and includes any place which may, from time to(XV) “The Governor” means the Governor, Khyber time, be notified as market;Pakhtunkhwa acting as Agent to the President of Pakistan; (XXII) “member” means a member of Local Council;(XVI) “infectious disease” includes cholera, plague andtuberculosis, and includes such other disease as the Governor (XXIII) “misconduct” means transgression of prescribedmay, by notification, declare to be an infectious disease for code of conduct or dereliction of duty or deliberate unlawfulthe purpose of this Regulation; behavior or violation of law or rules or lawful directions or orders of the Governor and includes-(XVII) “land” includes land which is being built up or is builtup or is covered with water or is under cultivation or is i. gross negligence in performance of duties withfallow; manifest wrongful intent or evil design; or(XVIII) “Local Fund” means the fund of a Local Council; ii. an act that results in wrongful gain to any person by wrongful application of law; or(XIX) “maladministration” means and includes an act- iii. making or managing appointment, promotion or (a). of omission or commission, a decision, process or transfer of an officer or official in violation of law or recommendation, which– rules or for extraneous consideration; or (i) is contrary to the law, rules and regulation or is a iv. bribery, corruption, extortion, favoritism, nepotism or departure from established practice or procedure; wrongful diversion of the fund of the Local Council. (ii) is arbitrary, biased, discriminatory, oppressive, (XXIV) “Municipality” means an urban area declared to be a perverse, unjust or unreasonable; or municipality under this Regulation; (iii) is based on irrelevant grounds; or (XXV) “Municipal Committee” means a Municipal Committee constituted under this Regulation; (b) that involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as (XXVI) “offence” means an offence under this Regulation; administrative excess, bribery, favoritism, jobbery and nepotism; (XXVII) “municipal services” include network of water supply, sanitation, conservancy, removal and disposal of (c) delay, inaction, incompetence, in-efficiency, sullage, refuse, garbage, sewer or storm water, solid or liquid ineptitude or neglect in the administration or discharge waste, drainage, public toilets, public roads, streets, foot of duties and responsibilities; paths, traffic signals, pavements and lighting thereof, public parks, gardens, arboriculture, landscaping, bill boards, (d) repeated notices, prolonged hearings or unnecessary hoardings, fire fighting, land use control, zoning, master attendance while deciding cases; or planning, classification declassification or reclassification of commercial or residential areas, markets, housing, urban (e) avoidance of disciplinary action against an officer or infrastructure, environment and construction, maintenance or official whose action is held by a competent authority to development thereof and enforcement of any law or rule be biased, capricious, patently illegal or vindictive; relating thereto;(XX) “town” means an urban area notified as such under this (XXVIII) “nuisance” includes any act, omission, place orRegulation; thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property;FATA Local Government Regulation 2012 Page 2 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  3. 3. (XXIX) “occupier” includes an owner in actual occupation of (XLIV) “street” includes a street which is not a thoroughfare;his own land or building and also any person for the timebeing paying or liable to pay to the owner the rent or any (XLV) “streets line” means a line dividing the landportion of the rent of the land or building in respect of which comprised in, and forming part of a street from the adjoiningthe word is used; land;(XXX) “owner” includes the person for the time being (XLVI) “sullage” includes sewerage, polluted water, rainreceiving the rent of land and buildings or either of them, water and any other offensive matter carried by a drain;whether on his own account or as agent or trustee for anyperson or society or for any religious or charitable purpose or (XLVII) “tax” includes any cess, fee, rate, toll or otherwho would so receive the same if land or building were let to impost leviable under this Regulation;a tenant; (XLVIII) “urban area” means an area within the jurisdiction(XXXI) “prescribed” means prescribed by rules made under of a Municipal Committee and includes any other area whichthis Regulation; the Governor may, by notification, declare to be an urban area for the purposes of this Regulation;(XXXII) “prohibited zone” means any area or areas within amunicipality declared as prohibited zone by a public notice (XLIX) “vehicle” means a wheeled conveyance capable ofby the concerned local body for the purposes of this being used on a street;Regulation; (L) “voter” means a person, whose name for the time being(XXXIII) “public road” and a “public street” means a road or appears on the electoral rolls prepared or adopted for thestreet maintained through public sources or by a Local purposes of election under this Regulation; andCouncil; (LI) “ware-houseman” includes a person who stores any farm(XXXIV) public way” means a way maintained by public produce not belonging to himself and charges rent thereof insources or by a Local council; any form, from the person at whose instance the said produce is so stored.(XXXV) “public place” means any building, premises orplace to which the public have access; CHAPTER -II(XXXVI) “rate” includes cess; LOCAL AREAS AND CONSTITUTION AND(XXXVII) “refuse” includes rubbish, offal, night-soil, COMPOSITION OF LOCAL COUNCILScarcasses of animals, deposits of sewerage, waste and anyother offensive matter; 3. Local Areas.-(XXXVIII) “rent” means whatever is by law payable in (1) For the purposes of this Regulation, a Local Area shall bemoney or kind by a tenant or lessee on account of the a town.occupation of any building or land; (2) The Governor may, by notification, extend, curtail or(XXXIX) “road” includes a road which is not a thoroughfare; otherwise alter the limits of a Local Area and declare that any area shall cease to be a local area.(XL) “rules” means rules made under this Regulation; 4. Delimitation of a ward.-(XLI) “rural area” means any area which is not an urbanarea; (1)A ward shall be an area comprising one census block, or as may be prescribed.(XLII) “schedule” means a schedule to this Regulation; (2) The Governor may, for purposes of election, divide a(XLIII) “specify” means specified by Standing Orders of the local area into such number of wards having a definiteGovernor; boundary as he may determine.FATA Local Government Regulation 2012 Page 3 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  4. 4. 5. Constitution of Local Councils.- (4)As far as is practicable, the wards shall be nearly uniform in terms of population.(1) The Local Councils to be constituted under thisRegulation shall be municipal committees for each of the 9. Qualifications for candidates and elected members.-notified towns; (1) A person shall qualify to be elected or to hold an elective(2) As soon as may be, the Local Councils mentioned in sub- office or membership of a Local Council, if he-article (1) shall be constituted in accordance with theprovisions of this Regulation. (a) is a citizen of Pakistan;6. Municipal Committee.- (b) is not less than twenty-one years of age on the last day fixed for filing the nomination forms;(1) A municipal committee shall, subject to other provisionsof this Regulation, consist of such number of general (c) is enrolled as a voter in the electoral rolls of themembers equaling the number of wards in the Municipality. relevant ward;(2) The general members of the Municipal Committee shall (d) is of good character and is not commonly known asbe elected through direct election based on adult franchise one who violates Islamic injunctions:and joint electorate. Provided that conditions of Islamic injunctions shall not(3) The Governor may from time to time determine and apply to a non-Muslim, but such a person shall have anotify the number of additional members representing good reputation;traders, women or other special groups in respect of amunicipal committee subject to the condition that total (e) has not been declared by a competent court to be ofnumber of such members shall not exceed twenty five unsound mind;percent of the total membership of the respective council. (f) is not in the service of the Federal Government, a(4) The additional members provided for under sub article (3) Provincial Government or a local Council or, anyshall be elected by the directly elected members of the statutory body or a body which is controlled by any suchmunicipal committee through secret ballot. government or council or, in which any of such government or council has a controlling share or7. Chairman and Vice-Chairman.- interest, except the holders of elected public office and part-time officials remunerated either by salary or fee:For every Local Council there shall be a Chairman and aVice-Chairman, elected in prescribed manner, by the Provided that in case of a person who has resigned orrespective local council. retired from such service, a period of not less than six months has elapsed since his retirement; CHAPTER -III - LOCAL COUNCIL ELECTIONS (g) is not under contract for work to be done or goods to be supplied to the Local Council concerned or has8. Franchise and Wards.- otherwise any pecuniary interest in its affairs;(1) Election of members of all municipal committees shall be (h) has not been dismissed, removed or compulsorilyheld on the basis of adult franchise and joint electorate retired from public service on the grounds of moralthrough secret ballot. turpitude;(2)The directly elected members shall be elected on the basisof one member from each ward.(3)Every voter within the ward shall have only one vote.FATA Local Government Regulation 2012 Page 4 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  5. 5. (i) does not possess assets which are inconsistent with (2) Whoever- his declaration of assets or justifiable means, whether held in his own name or of the dependents or any other (a) is found by the Election Commission to have person or corporate body in whose name assets are held contravened the provisions of sub-article (1) shall stand in trust or under any other formal or informal disqualified from being a candidate for election to any arrangement whereby the de-facto control of such assets office of the Local Council for a including their sale, transfer or pecuniary interest, is period of four years; or retained by him; (b) having been elected as a member of a Local Council (j) has not been adjudged a wilful defaulter of any tax or or a holder of an elective office of the Local Council is other financial dues owed to the Federal Government, a found by the Election Commission to have contravened Provincial Government, or a Local Council or any the provisions of sub-article (1) shall cease forthwith to financial institution, including utility bills outstanding be an elected member or to hold the office of such for six months or more; member and stand disqualified from being a candidate for election to a Local Council for a period of four years. (k) has not been convicted anywhere by a court of competent jurisdiction on a charge of corrupt practice (3) No person shall contest election to more than one Local involving moral turpitude or misuse of power or Council. authority under any law for the time being in force; 10. Conduct of elections.- (l) has not been sentenced to imprisonment for more than three months for an offence under any law and, a Election to Local Councils shall be conducted in the period of not less than five years has elapsed since his prescribed manner. release; and in case of a member or a holder of a public office, has not been sentenced to imprisonment; 11. Term of office, first meeting and election of Chairman or Vice-Chairman. (m) has not failed to file the required return of election expenses or is not convicted for exceeding the (1) The term of office of a Local Council shall be four years prescribed limits of election expenses; commencing on the date on which it holds its first meeting: (n) has not been declared an un-discharged insolvent by Provided that on the expiry of the term of office of a Local any court; Council, the Governor may appoint any person for the period of three months to perform such functions of the Local (o) does not engage in any transaction involving Council as may be specified: pecuniary interest with the Local Council of which he is a member; Provided further that the Governor, when he is satisfied that continuation of remaining in office of office holders and (p) does not absent himself without reasonable cause members of a local council is no longer in the public interest, from three consecutive meetings of the Local Council of he may dissolve a Local Council before the expiry of the which he is a member: residual term of its respective offices on such a date as he Provided that a member shall not be disqualified if the deems fit. absence was necessitated by an emergency or force majeure; (2) Save as otherwise provided, a Local council shall in its first meeting and to the exclusion of any other business, elect (q) has not been and is not involved, in activities from its members a Chairman and a Vice-Chairman. prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, Provided that the first meeting shall be held not later than and the good order and harmony of society. thirty days from the day on which the names of its members are notified.FATA Local Government Regulation 2012 Page 5 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  6. 6. 12. Oath of office.- (3) A Chairman or Vice-Chairman removed from office shall cease to be a member.(1) A member, a Chairman, or Vice-Chairman, shall beforetaking his seat make and subscribe to an Oath in such form as 15. Resignation.-may be specified. A Chairman, Vice-Chairman, or a member may resign his(2) Every Chairman, Vice-Chairman, and member shall, after office by tendering resignation in writing to the Localtaking oath of office, declare his assets in the manner Council of which he is the Chairman, Vice-Chairman or aprescribed. member.13. Casual vacancy.- 16. Vote of no-confidence.-(1) If the office of a member or a Chairman, Vice-Chairman, A Chairman or Vice-Chairman shall vacate office if a vote offor any reason, falls vacant during the term of office of a no-confidence is passed against him in the prescribed mannerLocal Council, a new member or a Chairman, Vice- by two-third majority of the total number of members of theChairman, as the case may be, shall be elected in the Local Council electing him; Provided that-prescribed manner within three months from the date suchvacancy is notified and he shall hold office for the remaining (a) a motion of no-confidence shall not be moved beforeperiod of such term. the expiry of six months of his assumption of office as Chairman, Vice-Chairman; and(2) If the vacancy in the office of member occurs within fourmonths of the expiry of the term of a Local Council, the (b) where a motion or no-confidence against a Chairmanvacancy shall not be filled. or Vice-Chairman has been moved and has failed to secure the requisite majority of votes in its favour at the14. Removal.- meeting, no similar motion shall be moved against him before the expiry of six months from the date such(1) The Governor may, after giving him an opportunity of motion was moved.being heard, remove a Chairman, Vice-Chairman, or amember from office in the prescribed manner if he- 17. Bar against re-election.- (a) has ceased to qualify in terms of article 9; or (1) When a Chairman, Vice-Chairman, or a member is removed from office under article 14, he shall not, during the (b) absents himself without reasonable cause from three unexpired period of the term of his office, be eligible for re- consecutive meetings of the Local Council; or election to the said office of any Local Council. (c) is guilty of abuse of power or misconduct or (2) Where a Local Council is dissolved under sub-article-(4) maladministration; or of article 90, the Chairman, Vice-Chairman and members borne on the Local Council so dissolved shall not be eligible (d) refuses to take oath under article 12; or for re-election to any office of that Local Council, if the same is reconstituted within the meaning of clause (a) of sub- (e) has acted in contravention of the provision of sub- article (5) of article 89. article (4) of article 63; or 18. Remuneration.- (f) generally acts in a manner prejudicial to public interest. (1) A chairman or vice-chairman, of a municipal committee shall be a part time functionary of the respective local council(2) A Chairman, Vice-Chairman or a member removed under and may receive such remuneration as may be prescribed.sub-article (1) may, within thirty days of the order ofremoval, file a review petition to the Governor, whereuponthe Governor may pass such orders as he may deem fit.FATA Local Government Regulation 2012 Page 6 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  7. 7. 19. Notification of election, resignation and removal of (c) declaring the election of the returned candidate to beChairman, Vice-Chairman, members, etc.- void and the petitioner or any other contesting candidate to have been duly elected; orEvery election, resignation or removal of a Chairman, Vice-Chairman or a member, or the vacation of office by them (d) declaring the election as a whole to be void.shall be notified. (2) The decision of the Election Tribunal on an election20. Election petition.- petition shall be final and shall not be called in question in any court or before any other authority.No election under this Regulation shall be called in question,except by an election petition made by a candidate for the (3) The decision of the Election Tribunal shall take effectelection. from the date on which it is made and shall be communicated to the Election Commission of Pakistan.21. Election Tribunal.- 25. Ground for declaring election of returned candidate(1) For the hearing of an election petition the Election void.-Commission shall, by notification in the official Gazette,appoint an officer to be an Election Tribunal for such areas as (1) The Election Tribunal shall declare the election of themay be specified in the Notification. returned candidate to be void if it is satisfied that- (a) the nomination of the returned candidate was invalid; or(2) Where the person constituting an Election Tribunal issucceeded by another, the hearing of a petition shall continue (b) the returned candidate was not, on the nominationbefore the person succeeding and any evidence already day, qualified for or was disqualified from, being electedrecorded shall remain upon the record and it shall not be as a member; ornecessary to re-examine the witnesses who have already beenexamined and discharged. (c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or22. Procedure for hearing of election petition.- (d) a corrupt or illegal practice has been committed bySubject to the provisions of this Regulation, every election the returned candidate or his election agent or by anypetition shall be made and dealt with in such manner as may other person with the connivance of the candidate or hisbe prescribed. election agent.23. Powers of Election Tribunal.- (2) The election of a returned candidate shall not be declared void, if the Election Tribunal is satisfied on the ground-The Election Tribunal shall have all the powers of a civilcourt trying a suit under the Code of Civil Procedure, 1908 (a) that any corrupt or illegal practice committed was(Act V of 1908) and shall be deemed to be a Court within the without the consent or connivance of that candidate ormeaning of sections 480 and 482 of the Code of Criminal his election agent and that the candidate and the electionProcedure, 1898 (Act V of 1898). agent took all reasonable precautions to prevent its commission; or24. Decision of the Election Tribunal.- (b) that any of the other contesting candidates was, on(1) The Election Tribunal may, upon the conclusion of trial of the nomination day, not qualified for or was disqualifiedan election petition, make an order- from, being elected as a member. (a) dismissing the petition; (b) declaring the election of the returned candidate to be void;FATA Local Government Regulation 2012 Page 7 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  8. 8. 26. Ground for declaring a person other than a returned 30. Bribery.-candidate elected.- A person is guilty of bribery, if he, directly or indirectly, byThe Election Tribunal shall declare the election of the himself or by any other person on his behalf-returned candidate to be void and the petitioner or any othercontesting candidate to have been duly elected, if it is so (a) receives, agrees or contracts for any gratification forclaimed by the petitioner or any of the respondents and the voting or refraining from voting or for being orElection Tribunal is satisfied that the petitioner or such refraining from being a candidate at, or withdrawing orcontesting candidate was entitled to be declared elected. retiring from, an election;27. Ground for declaring elections as a whole void.--- (b) gives, offers or promises any gratification to any person for the purpose of-The Election Tribunal shall declare the election as a whole tobe void if it is satisfied that the result of the election has been i. inducing a person to be or to refrain from being amaterially affected by reason of- candidate at an election; or (a) the failure of any person to comply with the ii. inducing a voter to vote or refrain from voting at provisions of this Regulation or the rules; or any election; or (b) the prevalence of extensive corrupt or illegal practice iii. inducing a candidate to withdraw or retire from at the election. an election; or28. Decision in case of equality of votes.- iv. rewarding a person for having been or for having refrained from being a candidate at an election; or(1) Where after the conclusion of the trial, it appears thatthere is an equality of votes between two or more contesting v. rewarding a voter for having voted or refrainedcandidates and the addition of one vote for one such from voting at an election; orcandidate would entitle him to be declared elected, theElection Tribunal shall draw a lot in respect of such vi. rewarding a candidate for having withdrawn orcandidates and the candidate on whom the lot falls shall be retried from an election.deemed to have received the highest number of votesentitling him to be Explanation.- In this article, the expression “gratification”declared elected. includes a gratification in money or estimable in money and all forms of entertainment or employment for reward.(2) Before proceeding to draw a lot under sub-article(1) theElection Tribunal shall give notice to the contesting 31. Impersonation.-candidates between whom there is an equality of votes andshall proceed to draw a lot on the day and at the time and A person is guilty of impersonation, if he votes or applies forplace stated in the notice: a ballot paper for voting as some other person, whether that other person is living or dead or fictitious.Provided that, if the contesting candidates are present when itappears that there is an equality of votes between them, the 32. Undue influence.-Election Tribunal may proceed forthwith to draw a lotwithout giving notice as aforesaid. A person is guilty of undue influence, if he-29. Corrupt practice.- (a) in order to compel any person to vote, refrain from voting, or to induce or compel any person to withdrawA person found guilty of bribery, impersonation, or undue his candidature at an election, directly or indirectly, byinfluence shall be punishable for an offence of corrupt himself or by any other person on his behalf-practice with imprisonment for a term which may extend tothree years, or with fine which may extend to fifteen i. makes or threatens to make use of any force,thousand rupees, or with both. violence or restraint;FATA Local Government Regulation 2012 Page 8 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  9. 9. ii. inflicts or threatens to inflict any injury, damage, i. concerning the personal character of a candidate harm or loss; or or his relation calculated to adversely affect the election of such candidate or, for the purpose of iii. uses any official influence or Governmental promoting or procuring the election of another patronage; or candidate, unless he proves that he had reasonable ground for believing, and did believe, the statement iv. on account of any person having voted or to be true; refrained from voting, or having withdrawn his candidature, does any of the acts specified in clause ii. relating to the symbol of a candidate whether or (i); or not such symbol has been allocated to such candidate; or (b) by abduction, duress or any fraudulent device or contrivance- iii. regarding the withdrawal of a candidate; i. impedes or prevents the free exercise of the iv. knowingly, in order to support or oppose a franchise by a voter; or candidate, lets, lends, employs, hires, borrows or uses any vehicle or vessel for the purpose of ii. compels, induces or prevails upon any voter to conveying voters to or from the polling station, refrain from voting or compels any voter to vote. except when a person conveys himself or any member of the household to which he belongs, to orExplanation.- In this article, the expression “harm” includes from the polling station;social ostracism or ex-communication or expulsion from anycaste or community. v. causes or attempts to cause any person present and waiting to vote at the polling station to depart33. Illegal Practice.- without voting.A person is guilty of illegal practice punishable with fine which 34. Prohibition of canvassing.-may extend to two thousand rupees, if he- A person is guilty of an offence punishable with fine which (a) obtains or procures, or attempts to obtain or procure, may extend to two thousand rupees, if he, on the polling day the assistance of any officer or official of the Federal in connection with the election- Government, a Provincial Government or a Local Council or authority to further or hinder the election of a (a) convenes, calls or organises within a ward any candidate; meeting; or (b) votes or applies for a ballot paper for voting at an (b) within a radius of two hundred metres of the polling election knowing that he is not qualified for voting or is station- disqualified from voting.; (c) votes or applies for a ballot paper for voting more i. canvasses for votes; than once at any polling station; ii. solicits vote of any voter; (d) removes a ballot paper or a ballot box from a polling (c) persuades any voter not to vote at the election or for station or destroys, damages or tampers with the ballot- a particular candidate; or box used at a polling station; (d) exhibits, except with the permission of the returning (e) knowingly induces or procures any person to do any officer and at a place reserved for the candidate or his of the aforesaid acts; or, polling agent beyond the radius of one hundred meters of the polling station, any notice, sign, banner or flag (f) fails to provide statement of election expenses as designed to encourage the voters to vote, or discourage required under this Regulation. the voters from voting, for any contesting candidate. (g) makes or publishes a false statement-FATA Local Government Regulation 2012 Page 9 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  10. 10. 35. Disorderly conduct near polling station.- iv. causes any delay or interruption in the beginning, conduct or completion of the procedureA person is guilty of an offence punishable with required to be immediately carried out on the closeimprisonment for a term which may extend to three months, of the poll; oror with fine which may extend to three thousand rupees, orwith both, if he- v. fraudulently or without due authority attempts to do any of the aforesaid acts. (a) uses, in such manner as to be audible within the polling station any gramophone, megaphone, 37. Interference with the secrecy of voting.- loudspeaker or other apparatus for reproducing or amplifying sounds; or A person is guilty of an offence punishable with imprisonment which may extend to six months, or with fine (b) persistently shouts in such manner as to be audible which may extend to two thousand rupees, or with both, if within the polling station; or he: (c) does any act which— (a) interferes or attempts to interfere with a voter when he records his vote; i. disturbs or causes annoyance to any voter visiting a polling station for the purpose of voting; or (b) in any manner obtains or attempts to obtain, in a polling station, information as to the candidate for whom ii. interferes with the performance of the duty of a a voter in that station is about to vote or has voted, or presiding officer, polling officer or any other person performing any duty at a polling station; or (c) communicates at any time any information obtained in a polling station as to the candidate for whom a voter (d) abets the doing of any of the aforesaid acts. in that station is about to vote or has voted.36. Tampering with papers.- 38. Failure to maintain secrecy.---A person is guilty of an offence punishable with Any candidate or polling agent attending a polling station, orimprisonment for a term which may extend to six months, or any person attending the counting of votes, is guilty of anwith fine which may extend to two thousand rupees, or with offence punishable with imprisonment which may extend toboth, if he- six months, or with fine which may extend to two thousand rupees, or with both, if he- (a) fraudulently defaces or destroys any nomination paper or ballot paper; i. fails to maintain or aid in maintaining the secrecy of voting; or (b) fraudulently takes out of the polling station any ballot paper or puts into any ballot box any ballot paper ii. communicates any information obtained at the other than the ballot paper he is authorized under the counting of votes as to the candidate for whom any vote rules to put in; is given by any particular ballot paper. (c) without due authority- 39. Conduct of officials.- i. supplies any ballot paper to any person; A Presiding Officer, Polling Officer or any other officer or official performing a duty in connection with an election, or ii. destroys, takes, opens or otherwise interferes any member of a force, is guilty of an offence punishable with any ballot box or packet or ballot papers in use with imprisonment for a term which may extend to six for the purpose of election; or months, or with fine which may extend to five thousand rupees, or with both, if he, during the conduct or iii. breaks any seal affixed in accordance with the management of an election or maintenance of order at the provisions of the rules; or polling station-FATA Local Government Regulation 2012 Page 10 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  11. 11. (a) persuades any person to give his vote; 43. Cognizance.- (b) dissuades any person from giving his vote; No court shall take cognizance of the offences under articles 39, 40 and 41 except on the complaint in writing of the (c) influences in any manner the voting of any person; Returning Officer concerned. (d) does any other act calculated to further or hinder the 44. Certain offences to be cognizable.- election of a candidate; An offence punishable under articles 32,33, 34, 35, 36, 37 (e) fails to maintain or aid in maintaining the secrecy of and 38 shall be cognizable offences. voting; 45. Prosecution of offences under this Chapter.- (f) communicates, except for any purpose authorised by any law, to any person before the poll is closed any Notwithstanding anything contained in this Regulation, no information as to the name or number on the electoral Court shall take cognizance of an offence under articles 34, roll of any voter who has or has not applied for a ballot 35, 36, 37, 38, 39, 40, 41 and 42 except upon a complaint in paper, or has or has not voted at a polling station; and writing made by order or, or under authority from, the Election Commission. (g) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper. CHAPTER -IV- EXECUTIVE POWERS AND CONDUCT OF BUSINESS40. Breach of official duty.- 46. Executive authority and conduct of business.-A Presiding Officer, Assistant Presiding Officer, or any otherperson employed by any such officer in connection with his (1) The executive authority of a Local Council shall extend toofficial duties imposed by or under this Regulation is guilty the doing of all acts necessary for the due discharge of itsof an offence punishable with imprisonment for a term which functions under this Regulation.may extend to two years, or with fine which may extend tofive thousand rupees, or with both, if he, wilfully and without (2) Save as otherwise provided, the executive authority ofreasonable cause, commits breach of any such official duty, Local Council shall vest in and be exercised by its act or omission. (3) The Vice-Chairman shall perform such functions as may41. Assistance by government servants.- be prescribed.A person in the service of the Federal Government, a (4) All acts of a Local Council, whether executive or not,Provincial Government, a Local Council, or a body owned or shall be expressed to be taken in the name of the Localcontrolled by the Federal or a Provincial Government or a Council and shall be authenticated in the manner prescribed.Local Council is guilty of an offence punishable withimprisonment for a term which may extend to six months, or 47. Disposal of business.-with fine which may extend to five thousand rupees, or withboth if he, in any manner, gives any assistance calculated to (1) The business of a Local Council to the extent and in thefurther or hinder the election of a candidate. manner prescribed shall be disposed of at its meetings, or at the meetings of its sub-committees, or by its Chairman or42. Summary trial.- servants or other functionaries.All offences under this Chapter except the offences under (2) A Local Council shall have the power to actarticle 29 shall be tried summarily under the Code of notwithstanding any vacancy in its membership.Criminal Procedure 1898 (Act V of 1898).FATA Local Government Regulation 2012 Page 11 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  12. 12. (3) No proceedings of a Local Council shall be invalid by (2) All meetings of a Local Council shall be presided over byreason only of the existence of any vacancy in, or any defect its Chairman and in his absence by the Vice-Chairman and inin the constitution of the Local Council, or by reason only the absence of both, by a member of a panel of four membersthat some person, who was not entitled to do so, sat or voted, elected for that purpose, in the first meeting of the respectiveor otherwise took part in its proceedings. municipal committee, at the outset of its tenure by the members present during that meeting.(4) A Local Council may appoint sub-committees consistingof such number of its members and other persons, if any; to (3) A Municipal Committee shall hold at least one meetingperform such functions in such manner as may be prescribed. during a month.48. Meeting.- (4) All meetings of municipal committees shall be public except when it by majority of votes decides to consider any(1) A Local Council shall within three months of the matter in a session attended exclusively by its members.assumption of office frame bye-laws for the conduct of itsmeetings which may, besides other matters, provide for- (5) Minutes of the names of members present and of the proceedings at each meeting shall be drawn up and recorded (a) the types of meetings, that is to say, ordinary, special in a book to be kept for the purpose which shall be signed by or emergency; the person presiding at the meeting and shall at all reasonable (b) the types of business to be conducted in different times and without charge be open to inspection by members; types of meetings; provided that no member shall be entitled to object to the minutes of any meeting in which he was not present. (c) the place of meetings; (d) notices required for different meetings; (6) A member who directly or indirectly, by himself or by any (e) authority to call meetings; partner, employer or employee has any share or interest in respect of any matter or has acted professionally, in relation (f) notice of agenda for the meetings; to any matter on behalf of any person having therein any (g) quorum for different meetings; such shares or interest as aforesaid, shall not vote or take any (h) order of business to be conducted in meetings; other part in any proceedings of a Local Council or any of its Committees. (i) the manner of asking questions; (j) motions and amendments and their withdrawal or 49. Contracts.- discussion on them; (k) speeches to be delivered; (1) All contracts made by or on behalf of the Local Council (l) training discourses or discussions to be arranged at shall be- the meeting; (a) in writing and expressed to be made in the name of (m) preservation of order; the local councils; (n) decision by votes; (b) executed in such manner as may be prescribed; and (o) language to be used; (c) reported to the local council by the Chairman at the (p) adjournments or postponements; meeting next following the execution of the contract. (q) co-opting of other members or official; (r) re-consideration of the matters once disposed of; (2) No contract executed otherwise than in conformity with the provisions of this article shall be binding on the Local (s) entertainment to be arranged at the time of meetings; Council. and (t) suspension of meetings.FATA Local Government Regulation 2012 Page 12 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  13. 13. 50. Works.- 54. Servants of Local Councils.-(1) The Governor may, by rules, provide for- (1) A Local Council may, and if so required by the Governor shall, on the prescribed terms and conditions, employ such (a) the preparation of plans and estimates for works to be servants as are deemed necessary for the efficient executed by a Local Council; performance of its functions under this Regulation: (b) the authority by whom and the conditions subject to Provided that the Governor may classify certain posts in the which such plans and estimates shall be technically prescribed manner as tenure posts and the term of such posts approved and estimates administratively sanctioned; and shall coincide with the term of the office of a Local Council. (c) the agency by which such plans and estimates shall (2) If in the opinion of the Governor, the number of servants be prepared and such works shall be executed. employed by a Local Council under sub-article (1) or the remuneration fixed for any of them, is excessive, the Local51. Reporting and evaluation.-A Local Council shall- Council shall on being required by the Governor to do so, reduce the number of its servants or the remuneration of any (a) maintain such record of its working as may be of them, as the case may be. prescribed; 55. Provident Fund, pension and other facilities for (b) prepare and publish such periodical reports and members of Local Council Service.- returns as may be required by the Governor; and (1) A Local Council may establish and maintain a Provident (c) adopt such other measures as may be necessary for Fund and require any of its servants to contribute to such the publication of information about the working of the fund, and may itself contribute to it in such manner and in Local Council. such proportion, as may be prescribed. (2) A Local Council may, in the prescribed manner, and withCHAPTER -v- STRUCTURE AND ADMINISTRATION the previous sanction of the Governor, provide for the OF SERVICES payment of pension to its servants after retirement.52. Composition of Local Council Service.- (3) A Local Council may, with the pervious sanction of the Governor, grant a special pension or gratuity to the family ofThe Local Council Service shall comprise the FATA Unified a servant who dies of disease or injury contacted or sufferedGroup of functionaries and Servants of Local Councils. in the discharge of his official duties.53. Unified group of functionaries.- (4) A Local Council may, in the prescribed manner, operate scheme of group insurance of its employees and require its(1) The Governor may constitute a unified group of employees to subscribe to it.functionaries of Local Councils comprising such pay scalesand grades in such manner and subject to such conditions as (5) The Governor may establish and maintain-may be prescribed: (a) a fund for the maintenance of the FATA UnifiedProvided that the appointments to such pay scale and grades Group of Functionaries ;of the unified group of functionaries as the Governor mayprescribe shall be made harmonious with the similar group in (b) a Pension Fund out of which shall be paid anythe Government. of Khyber Pakhtunkhwa. pension granted under sub-article (2); and(2) The Governor may, from time to time, specify the posts in (c) a Benevolent Fund out of which shall be paid anythe Local Council which shall be filled by persons belonging pension or gratuity granted under sub-article (3) or suchto the Provincial unified group of functionaries of the relief as may be prescribed.province of Khyber Pakhtunkhwa.FATA Local Government Regulation 2012 Page 13 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  14. 14. (6) The Local Council shall contribute to the funds CHAPTER -VI-COMPULSORY FUNCTIONS OFestablished and maintained under sub-article (5) in such MUNICIPAL COMMITTEESproportion and in such manner and from such dates as may 58. The compulsory functions of the municipal committeesbe specified by the Governor. shall be as under:56. Service Rules.- (A) PUBLIC HEALTHSubject to the provisions of this Regulation, the Governor i) Responsibility for sanitation.may by rules: (ii) Insanitary buildings and lands. (iii) Removal, collection and disposal of refuse. (a) prescribe the conditions of service of the servants of (iv) Latrines and urinals. the Local Council; (v) Birth and deaths. (vi) Infectious diseases. (b) prescribe the scales or grades of pay for the servants of the Local Council; (B) WATER SUPPLY: (c) prescribe a schedule of establishment for the staff (vii) Water Supply. that shall be employed by a Local Council; (C) DRAINAGE: (d) prescribe the qualifications for various posts under Local Councils; (viii) Drainage. (ix) Drainage and sewerage schemes for commercial and (e) prescribe the principles and procedure to be followed industrial area. in making appointments to various posts under the Local Councils; (D) ARTICLES OF FOOD AND DRINK: (f) prescribe the method for the holding of enquiries in (x) Private markets. cases where disciplinary action is proposed to be taken (xi) Slaughter houses. against servants of the Local Councils; and provide for penalties and appeals against orders imposing penalties; (E) ANIMALS AND CATTLE: and (xii) Prohibition on picketing or tethering in streets. (g) prescribe other matters necessary for efficient (xiii) Prohibition against keeping and maintaining cattle. discharge of duties by the servants of Local Councils. (xiv) Dangerous animals. (xv) Disposal carcasses.57. Administration of Local council services.- (F) PUBLIC SAFETY:(1) until otherwise decided by the Governor, theadministration of officers and officials of the existing (xvi) Fire Fighting.servants of Local Councils in FATA shall vest in (xvii) Dangerous and offensive articles and trades.Administration and Coordination Department of FATASecretariat. (G) MUNICIPAL PLANNING:(2) Subject to policy instructions, the Directorate of Local (xviii) Master Plan.Government and Rural Development FATA shall work as the (xix) Site Development Schemes.Secretariat for the service matters of Local Government & (xx) Execution of the Site Development Schemes.Rural Development Department, Unified Group ofFunctionaries and servants of local councils in FATA. (H) BUILDING CONTROL: (xxi) Erection and re-erection of buildings. (xxii) Completion of buildings, alteration of buildings, etc. (xxiii) Regulation of buildings.FATA Local Government Regulation 2012 Page 14 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  15. 15. (I) STREETS: (E) PUBLIC SAFETY: (xxiv) Public Streets. xvi) Famine. (xxv) Streets. xvii) Burial and burning places. (xxvi) Street lighting. (xxvii) Street Watering. (F) TREES, PARKS AND GARDENS:(J) TRAFFIC VEHICLES: xviii) Gardens. xix) Open spaces. (xxviii) Traffic control. xx) Nuisances pertaining to trees and plantations. (xxix) Public vehicles. xxi) Tanks and low-lying areas.(K) ARBORICULTURE: (G) EDUCATION: (xxx) Arboriculture. xxii) As directed or authorized by the Governor.(L) SPORTS AND CULTURE (H) CULTURE: (xxxi) Holding sports events and tournaments xxiii) Culture. (xxxii) Celebrating national days, and special events xxiv) Libraries. (xxxiii) Arranging literary and culture events xxv) Fairs and shows etc. (I) SOCIAL WELFARE: OPTIONAL FUNCTIONS OF MUNICIPAL COMMITTEES xxvi) Social Welfare.59. The optional functions of municipal committees shallbe as under: CHAPTER –VII- LOCAL COUNCIL FINANCE(A) PUBLIC HEALTH: 60. Establishment of Local Fund and Public Account.- i) Promotion of public health. (1)For every Municipal Committee, there shall be established ii) Health and maternity centre, etc. a Local Fund and a Public Account. iii) Hospitals and dispensaries. iv) Medical aid, relief and medical education. (2) To the credit of respective Local Fund shall be placed all v) Environmental pollution. revenues received by a Local Council from the following sources:(B) DHOBI GHATS, etc.: (a) grants made to or moneys received by a Local vi) Bathing and washing places. Council from the Governor or other authorities in vii) Dhobi ghat. Pakistan; viii) Public water courses. (c) the proceeds of taxes, tolls, fees, rates or charges(C) ARTICLES OF FOOD AND DRINK: levied by a Local Council under this Regulation; ix) Bye-laws for articles of food and drink. (d) rents and profits payable or accruing to a Local x) Regulating quality of milk supply. Council from immovable property vested in or xi) Public Markets. controlled or managed by it; xii) Animal Husbandry and Animals homes and farms. xiii) Registration of the sale of cattle. (e) proceeds or any other profits howsoever known or xiv) Livestock improvement. called from bank accounts and investments of a Local xv) Cattle shows, Zoo, etc. Council.FATA Local Government Regulation 2012 Page 15 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  16. 16. (f) gifts, grants or contributions to a Local Council by (c) such sums as the Local Council may be required by individual or institutions; the Governor to contribute towards the maintenance of specified Group of Functionaries and the auditing of (g) income accruing from markets or fairs regulated by a accounts; and Local Council. (d) any expenditure declared by the Governor to be so (h) fines imposed under this Regulation; charged. (i) proceeds from other sources of income which are (2) If any expenditure is a compulsory charge on the Local placed at the disposal of a Local Council under Fund and is not paid, the Governor may, by order, direct the directions of the Governor; and person having the custody of the Local Fund to pay such amount, or so much thereof as may be possible from time to (j) all moneys transferred to a Local Government by the time, from the balance of the Local Fund. Governor. 63. Application of Funds.-(3) To the credit of respective Public Account shall be placedall revenues received by a Local Council from the following (1) The money credited to a Local Fund shall be expended insources- accordance with the Budget approved by the Council. (a) receipts accruing from trusts administered or (2) No Local Council shall transfer moneys to another local managed by a Local Council; council or to any higher level except by way of repayment of (b) refundable deposits received by a Local Council; and debts or for carrying out deposit works or as prescribed under (c) deferred liabilities. this Regulation. (3) The application of Local Fund shall as provided by a(4) A Local Council may and if required by the Governor council be subjected to budgetary constraints by ratio to beshall establish and maintain a separate fund for any special prescribed for development works and expenditure onpurpose to which one or more sources of revenue mentioned prescribed sub-article (2) or any part of these sources or any specifiedportion of the Local Fund may be assigned and which shall (4) Where a new Local Council is to take over during abe administered and regulated in such manner as a Local financial year as a result of fresh elections, the outgoingFund. Local Council shall not spend funds or make commitments61. Custody and Operation of Local Fund and Public for any expenditure, under any demand for grant orAccount.- appropriation, in excess of eight percent per mensum of the budgeted funds for remainder of its term in office in that(1) Moneys credited to a Local Fund or a Public Account financial year.shall be kept in the State Bank, treasury, a post office or abank in such manner as shall be specified by the Governor 64. Budget preparation.-from time to time. (1) The annual budget for each Local Council shall contain(2) The Local Fund shall be operated in manner provided in estimates of:this Regulation. (a) grants-in-aid from the Governor;62. Charged expenditure.— (b) amounts available in the respective Local Fund; (c) receipts for the next financial year; and(1) The following expenditure shall be compulsorily charged (d) expenditure to be incurred during the next financialon the Local Fund, that is to say: year. (a) such sums as are required for repayment of loans; (2) To facilitate budget preparation by Local Councils, the Governor may, before the beginning of each financial year, (b) any sum required to satisfy any judgment, decree or notify the probable grants, which may be credited to the award against the Local Council by any Court or Tribunal; Local Fund of a Local Council.FATA Local Government Regulation 2012 Page 16 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  17. 17. (3) No demand for a grant shall be made except on the 66. Accounts.-recommendation of the Chairman. (1) The following arrangement for maintaining of accounts in(4) Conditional grants from public exchequer or other Local Local Councils shall be followed, namely:-Council will be shown separately in the budget and will begoverned by conditions provided therein. (a) The accounts of all receipts and expenditure of a Local Council shall be kept in the manner and form(5) Before the commencement of a financial year each Local prescribed by the Governor.Council shall, for its Fund, prepare in the prescribed manner,a budget for that year. (b) an annual statement of the accounts shall be prepared after the close of every financial year and shall be65. Approval of Budget.- submitted to the Governor by fifteenth day of July; and(1) Before the commencement of the next financial year, (c) a copy of the annual statement of accounts shall beeach Chairman shall, present the budget for consideration displayed at a conspicuous place in the office of theand approval of the Local Council. Local Council concerned for public inspection, and all objections or suggestions concerning such accounts(2) The budget of a Local Council shall be approved by received from the public shall be considered by thesimple majority of its total membership. Local Council and brought to the notice of the Authority to be specified for annual or special audit.(3) No other business shall be taken up by a Local Councilduring the budget session. 67. Audit.-(4) In case budget is not approved by a Local Council before (1) The Governor shall by notification assign pre-auditthe commencement of the financial year to which it relates, function to an agency, as he may deem fit.the Governor shall cause its preparation and approve andauthenticate budget for the Local Council. (2) The Governor may direct the Director Local Local Govt and Rural development to conduct special audit of any(5) A Local Council shall not be empowered to approve a municipal committee and submit the report before him.budget if the sums required to meet estimated expendituresexceed the estimated receipts. 68. Local Council not to Incur debt.-(6) The Chairman shall authenticate by his signature aSchedule specifying the: (1) No Local Council shall incur any debt. (a) grants made or deemed to have been made by the (2) No moneys of the Local Council shall be invested in Local Council; and securities other than those floated or approved by the Federal Government or a Provincial Government. (b) the several sums required to meet the expenditure charged upon the Local Fund. CHAPTER -VIII- LOCAL COUNCIL PROPERTY(7) The Schedule so authenticated shall be laid before theLocal Council, but shall not be open to discussion or vote 69. Ownership of property.-thereon. (1) Subject to any conditions imposed by the Governor, the(8) The Schedule so authenticated shall be communicated to property specified hereunder shall vest in the respectivethe respective Accounts Officials and the Governor. Local Council if it is-(9) At any time before the expiry of the financial year towhich budget relates, a revised budget for the year may, if (a) vested in a Local Council through succession;necessary, be prepared and placed before the council, and (b) transferred to the Local Council by the Governor orsuch revised budget shall, so far as may be, be subject to the any other authority, organisation or an individual; andprovisions of this article (c) constructed or acquired by a Local Council with its title.FATA Local Government Regulation 2012 Page 17 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  18. 18. (2) The public properties in possession of the existing local 73. Personal Responsibility with regard to loss andgovernments shall pass on to their successors as provided in waste.-this Regulation unless otherwise directed by the Governor. (1) Every official or servant of a Local Council, every70. Transfer of property by the Governor.- member of a Local Council, and every person charged with the administration and management of the property of aThe Governor may, on his own accord or on a request by a Local Council shall be personally responsible for any loss orLocal Council, transfer the management of any other public waste, financial or otherwise, of any property belonging to aproperty to it for administration as a trustee. Local Council which is a direct consequence of decisions made by him personally or under his directions in violation71. Stock taking by the Chairman- of any provisions of this Regulation or any other law for the time being in force or which accrues as a result of his(1) Every Chairman shall, on assumption of his office and negligence or misconduct, and shall be liable to pay suchthereafter, once in every year on a date fixed by him, take the surcharge as may be determined by the Local Council.physical stock of movable and immovable properties of theLocal Council and submit a report to the Local Council. (2) Any person aggrieved by the imposition of liability under sub-article (1) may prefer appeal to the Governor whose(2) The report referred to in sub-article (1) shall contain- decision shall be final: (a) particulars of the properties held during the preceding Provided that no order shall be passed in appeal, except after year; giving the aggrieved person an opportunity of being heard. (b) total value of the property and annual return therefrom; (c) particulars of unserviceable articles and losses if any; CHAPTER –IX- LOCAL COUNCIL TAXATION and (d) plans for utilization, development and improvement 74. Rating Areas and Property Tax.- during the following year. (1) On commencement of this Regulation, every town shall72. Use and disposal of properties of Local Council.--- be a rating area.(1) Properties of Local Council shall be used only for public (2) The Municipal Committee shall determine the rate ofpurposes. property tax in its area:(2) Immovable properties of Local Council shall not be sold Provided that in the areas within a town where rate has notor permanently alienated: been determined, the areas shall be deemed to be exemptedProvided that such properties may be given on lease through from property tax till determination of the rate.competitive bidding in public auction for a period notexceeding five years at a time. (3) Unless varied under sub-article(2), the existing rates in the areas within a town shall remain in force.Provided further that no such property under or near a fly-over bridge shall be leased or otherwise given to any person 75. Imposition, notification and enforcement of taxes.-for private, commercial or non-commercial use, and anyorder, licence, permission, tehbazari ticket, handcart passes (1) A Local Council subject to the provisions of any otheror certificate issued by any authority at any time in this law may, and if directed by the Governor shall, levy all orrespect shall stand withdrawn and shall be deemed cancelled. any of the taxes, cesses, fees, rates, rents, tolls, charge, surcharges and levies specified in the Second Schedule.(3) The movable property of a Local Council which isrequired to be disposed of and all articles declared (2) No tax shall be levied without previous publication of theunserviceable shall be sold through competitive bidding in tax proposal and without inviting, considering and hearingpublic auction. public objections. (3) A Local Council may reduce, suspend or abolish a tax.FATA Local Government Regulation 2012 Page 18 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  19. 19. (4) Where a tax is levied or modified, the Local Council shall 79. Deduction of taxes from salaries.-specify the date for the enforcement thereof, and such tax orthe modification shall come into force on such date. If a Local Council levies a tax on professions, trades or callings, it may require the employer of the person liable to(5) The Governor shall have power to direct a local council such tax to deduct the tax from the salary or wages payable toto: such person, and on such requisition the amount of the tax due shall be deducted from the salary or wages of the persons (a) levy any tax; concerned and credited to the Local Fund of the Council. (b) increase or reduce any such tax or the assessment thereof; and 80. Petitions against valuation, assessment, etc.- (c) suspend or abolish the levy of any tax. No assessment of a tax under this Regulation or valuation thereof, or the liability of a person to be so taxed, shall be76. Model Tax Schedule.- called in question except by a petition presented to such authority, in such manner and within such period as may beThe Governor may cause Model Tax Schedules to be framed prescribed.and when such Schedules have been framed a Local Councilshall be guided by them in levying a tax, rate, toll or fee. 81. Taxation rules. -77. Collection and recovery of taxes, etc.- (1) All taxes and other charges levied by a Local Council(1) Failure to pay any tax and other money claimable under shall be imposed, assessed, leased, compounded,this Regulation shall be an offence. administered and regulated in such manner as may be provided by rules.(2) The Governor may empower any Local Council torecover arrears of taxes or any other moneys claimable by the (2) Rules framed under this article may, among other matters,Local Council under this Regulation by distress and sale of provide for the obligation of the tax payer and the duties andthe movable property belonging to the person concerned or powers of the officials and other agencies responsible for theby attachment and sale of the immovable property belonging assessment and collection of him.(3) The Governor may, by rules, specify the officials or CHAPTER –X- LOCAL COUNCILS FINANCEclasses of officials by whom the power under sub-article (2) COMMITTEE FOR FISCAL TRANSFERSshall be exercised and prescribe the manner in which it shall AND SUPERVISION OF LOCAL COUNCILSbe exercised. 82. Constitution of Local Councils Finance Committee.-78. Liability on account of taxes.- (1) The Governor may constitute a committee to examine(1) A Local Council may by notification, call upon any demand and apportion, on rational basis, share of eachperson to furnish such information, produce such record or municipal committee from public funds, as well as fromaccounts or to present such goods or animals liable to any tax other may be necessary for the purpose of determining the (2) The committee shall submit its recommendations to theliability of such person, goods or animals to a tax. Governor for his approval.(2) Any official of a Local Council authorized in this behalf, 83. Supervision of Local Councils.-may after due notice, enter upon any building or premises forthe purposes of assessing the liability of such building or (1) The Governor shall exercise general supervision, andpremises to any tax, or inspecting any goods or animals control over the Local Councils in order to ensure that theirtherein liable to any tax. activities conform to the provisions of this Regulation.(3) Any official of a Local Council authorized in this behalf (2) In performance of their functions, the Local Councilsmay, in the prescribed manner, seize and dispose of any shall not impede or prejudice the exercise of the executivegoods or animals on which any tax is due and is not paid. authority of the Governor.FATA Local Government Regulation 2012 Page 19 of 25Announced August 14, downloaded October 25 from FATA Secretariat website
  20. 20. 84. Inspections of Local Council.- 86. Suspension of orders and resolutions.-(1) The working of the Local Councils shall be inspected at Where in the opinion of the Governor anything done orleast once in each financial year by the inspecting officer or intended to be done by or on behalf of a Local Council is notofficers to be notified by the Governor. in conformity with law, the Governor for reasons to be recorded, may-(2) The Inspecting Officer shall have the power– (a) quash the proceedings; (a) to enter upon, inspect and survey any immovable (b) suspend the execution of any resolution passed property occupied by a Local Council or any institution or order made by the Local Council; maintained by or any work in progress under the (c) prohibit the doing of anything proposed to be directions of Local Council; done; and (b) to call for or inspect files, registers, books or (d) require the Local Council to take such action as documents in the possession or under the control of a may be specified. Local Council; 87. Power to give directions.- (c) to require the production of such statements, accounts, reports, documents and copies of documents (1) The Governor may direct any Local Council or any relating to the proceedings of a Local Council as he may person or authority responsible thereto to take within such think fit; period as may be specified such action as may be necessary for carrying out the purposes of this Regulation. (d) to observe meetings of Local Council; and (2) Whereafter due enquiry, The Governor is satisfied that a (e) to inquire generally into the affairs of a Local Local Council or person or authority has failed to comply Council. with any direction made under sub-article (1), he may appoint a person or persons to give effect to such directions85. Inspection reports and action thereon.- and may further direct that the expenses incurred in connection therewith shall be borne by the Local Council.(1) The inspection reports shall be prepared in such form asmay be specified by the Governor and the inspection reports (3) Should the expenses be not so paid, the Governor mayso prepared shall be forwarded to the Local Council make an order directing the person having the custody of theconcerned within thirty days of balance of the Local Fund of the Local Council to pay thethe completion of inspection. expenses or so much thereof as may, from time to time, be possible.(2) As soon as may be, the inspection reports prepared undersub-article (1) shall be placed before a meeting of the Local 88. Inquiries.-Council for information and compliance. (1) The Governor may, for reasons to be recorded and(3) The Chairman shall take such action on the inspection communicated to the concerned Chairman cause an inquiryreport as may be required. to be made by such person as may be authorized by him in this behalf, into the affairs of a Local Council, generally or(4) Within thirty days of the receipt of an inspection report, into any particular matter concerning a Local Council andLocal Council shall annotate the inspection report and take such remedial measures as may be warranted by theforward it to the Inspection Officer who may issue such findings of such inquiry.further directions and advice to the Local Council as may benecessary. (2) Such person shall, for the purposes of the inquiry, have the powers of a court under the Code of Civil Procedure,(5) If there is any dispute or difference of opinion between 1908 (Act V of 1908), to take evidence and to compel thethe Inspecting Officer and the Local Council, such dispute or attendance of witnesses and the production of documents.matter shall be decided by the Governor.FATA Local Government Regulation 2012 Page 20 of 25Announced August 14, downloaded October 25 from FATA Secretariat website