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ACT V OF 2010 ACT V OF 2010 BALOCHISTAN LOCAL GOVERNMENT ACT, 2010 An Act to provide for the constitution and continuance of Local Government Institutions in Balochistan, and to consolidate law relating to the Local Government and to provide for the matters connected therewith and ancillary thereto. [Gazette of Balochistan, Extraordinary, 13th May, 2010] No. PAB/Legis: V(8)/2010, dated 13-5-2010.---The Balochistan Local Government Bill, 2010 having been passed by the Provincial. Assembly of Balochistan on 10th May, 2010 and assented to by the Governor, Balochistan on 11th May, 2010 is hereby published as an Act of the Provincial Assembly. Preamble.---Whereas the Constitution of Islamic Republic of Pakistan under Article 32 requires the State to encourage Local Government Institutions composed of elected representatives of the areas concerned and having special representation of peasants workers and women: Whereas the Constitution requires the provincial, government to decentralize the government administration under Article 140-A so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public: And Whereas it is expedient to consolidate the law relating to Local Government Institutions so as to the obligation in line with the requirements of the Constitution: Now therefore, it is enacted as under: CHAPTER I PRELIMINARY 2. Definition.--(1) In this Act, unless the context otherwise requires. (i) "Annual Rental Value" means the gross annual rent at which a building or land may be let from year to year; (ii) "Annual Letting Value" means the annual rent which a building or land exclusive of furniture or machinery contained or situated therein or thereon, may reasonably be expected to be let from year to year and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation taxes, insurance or other charges incidental to the occupancy; (iii) "Body Corporate" means a body having perpetual succession and a common seal, with power to acquire and hold movable and immovable property, and transfer any property held by it, and enter into any contract and may sue and be sued in its name; (iv) "Budget" means an official statement of income and expenditure of a Local Council for a financial year; (v) "Building" includes any shop, house, hut, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth, ramp, stair-case and steps; (vi) "Building Line" means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed; (vii) "Bye-laws" means bye-laws made under this Act; (viii)"Chairman" means the Chairman of a Local Council; (ix) "Chief Officer" means the officer in charge of the administration of a District Council, Municipal Corporation and Municipal Committee; (x) "Cattle" means cows, buffaloes, bulls, oxen, bullocks, heifers, calves, camels, sheep and goats; (xi) "City" means an 'urban area declared to be a city under this Act; (xii) "Collector" means the Collector appointed under the Balochistan Land Revenue Act, 1967; (xiii) "Constitution" means the Constitution of Islamic Republic of Pakistan, 1973; (xiv) "Conservancy" means the collection, treatment, removal and disposal of refuse; (xv) "Consumption" means utilization of an article by causing change in its existing position and nature, which may include conversion of a ship or and other floating structure into its pieces, scrap and other article of similar nature, commonly known and styled as ship breaking; (xvi) "Dairy" includes any farm, cattle-shed, cow-house, milk store, milk shop or other place from where milk or milk products are supplied or stored; (xvii) "Dealer" means any person who within a market area sets up, establishes, or allows any place to be used for the purchase or sale of form produce or any other marketable commodity; (xviii) "District" means a District notified under the Balochistan Land Revenue Act, 1967; (xix) "Drain" includes a sewer, a house drain, a drain of any other description a tunnel, a culvert, a ditch, a channel or any other device for carrying sullage or rain water; (xx) "Drug" means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use; (xxi) "Dwelling House" means any building used substantially for human habitation; (xxii) "Local Council" means Local Council constituted under Section 7 of this Act; (xxiii) "Divisional Coordination . Committee" means Committee constituted under section 130 of this Act; (xxiv) "Election Commission" means the Election Commission of Pakistan constituted under Article 218 of the Constitution of Islamic Republic of Pakistan, 1973; (xxv) "Elected Member" means a Member who has been elected under the provisions of this Act; (xxvi) "Erect or Re-erect a Building" means the construction of a new building and includes such material alterations of building as enlargement of any wall, verandah, fixed platform, plinth or a part of the building; structural conversion of two or more places of a building for human habitation not originally meant for the purpose, structural conversion of two or more places of a building into a greater number of such places; addition of one or more rooms; building substance or other structure of a. building; re-construction of a whole or any part of the external walls of a building or the renewal of the parts of a wooden building; construction of a wall adjoining any street or land not belonging to the owner of the wall or opening of a door to such street or land; such alteration of the internal arrangements of a building as affects its drainage, ventilation or other sanitary arrangements or its security or stability; (xxvii) "Factory" has the meaning assigned to it under the Factories Act, 1934 (XXV of 1934); (xxviii) "Farm Produce" means all agricultural crops/produces including, livestock produces and hides, skins, woolen and ghee or any other product derived from any one of these or any other commodity that may be declared by Notification to be farm produce; (xxix) "Food" includes all edibles used for food or drink by human beings but does not include drugs or water; (xxx) "Government" means the Government of Balochistan: (xxxi) "Grower" means a person who grows farm produce personally or through tenant or otherwise; (xxxii) "Infectious disease" means cholera, plague, smallpox, tuberculosis, AIDS, dengue fever, hepatitis, yellow fever, bacterial meningitis, gonorrhea, syphilis, typhoid fever, Malaria, Scabies, and includes such other disease as Government may, by notification, declare to be an infectious disease for the purpose of this Act; (xxxiii) "Land" includes land which is being built up or is built up or is covered with water or is under cultivation or is fallow, and in relation to Town Improvement Committee includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894; (xxxiv) "Local Area" means an area under the jurisdiction of a Local Council; (xxxv)"Local Council Grant" means monies declared as such for distribution among local governments in accordance with the provisions of this Act;?? (xxxvi) "Local Fund" means the fund of a Local Council; (xxxvii) "Mal-administration" means- (a) an act of omission or commission, a decision, process or recommendation, which; (i) is contrary to the law, rules, or regulations or is a departure from established practice or procedure; or (ii) is arbitrary, biased, discriminatory, oppressive, perverse, unjust or unreasonable; or (iii) is based on irrelevant grounds; or (iv) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as administrative excess, bribery, favoritism, jobbery and nepotism; (b) delay, inaction, incompetence, inefficiency, ineptitude or neglect in the administration or, discharge of duties and responsibilities; (c) repeated notices, prolonged hearings or unnecessary attendance while deciding, cases; or (d) avoidance of disciplinary action against an officer or official whose action is held by a competent authority to be biased, capricious, patently illegal or vindictive; (xxxviii) "Market" means a place where persons assemble for the sale and purchase of meat, fish, fruit, poultry, vegetables or any other eatable food or other commodities or for the sale and purchase of livestock or animals and includes any place which may, from time to time be notified as Market; (xxxix) "Mauza" means a revenue estate declared under the Balochistan, Land Revenue Act, 1967 (XVII of 1967); (xl) "Member" means a Member of Local Council; (xli) "Member of Minority Community" means a person other than a Muslim as defined in the Constitution of Islamic Republic of Pakistan: (xlii) "Metropolitan Corporation" means a Metropolitan Corporation constituted under this Act; (xliii) "Misconduct" means transgression of prescribed Code of Conduct or dereliction from duty or deliberate unlawful behaviour or violation of law or rules or lawful behaviour or violation of law or rules or lawful directions or orders of Government and includes:- (a) gross negligence in performance of duties with manifest wrongful intent or evil design; (b) an act that results in wrongful gain to any person by wrongful application of law; or (c) making or managing appointment promotion or transfer of an officer or official in violation of law or rules or for extraneous consideration; (xliv) "Municipality" means an area declared to be a Municipality under this Act; (xlv) "Municipal Committee" means a Municipal Committee constituted under this Act; (xlvi) "Municipal Corporation" means a Municipal Corporation constituted under this Act; (xlvii) "Municipal Services" means the services performed by a Local Council under this Act and include laying and maintaining intra-city network of water supply and sanitation; conservancy; garbage, sewer or storm water, solid or liquid waste, drainage, public toilets, express ways bridges, flyovers, public roads, 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 or reclassification of commercial or residential areas, markets, hou0ing, urban or rural infrastructure, environment and construction, maintenance or development thereof and enforcement of any law or rule relating thereto; (xlviii) "Musalihat Anjuman" means a Musalihat Anjuman constituted under section 81 of this Act; (xlix) "Nuisence" includes an act omission place or 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; (1) "Occupier" means a person in actual possession of land or building whether as an owner or otherwise; (Ii) "Owner" includes the person for the time being receiving the rent of land and buildings or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant; (lii)"Peasant" means a person who is a landless tenant or who for a continuous period of five years preceding the year in which election is held is or has been the owner of not more than five acres of land and engages himself personally in cultivation for his maintenance; , (liii)"Prescribed" means prescribed by rules or bye-laws; (liv) "Presiding Officer" means a person presiding over the session of a Local Council, and for the purpose of election, a person appointed as such under section 20; (Iv) "Prohibited Zone" means any area or areas within a municipality or a City declared as prohibited Zone by a public notice by Local Council concerned; (Ivi) "Province" means the Province of Balochistan; (Ivii) "Provincial Consolidated Fund" means the Fund referred in Article 118 of the Constitution of Islamic Republic of Pakistan; (lviii) "Public Road" means a road maintained by Government or by a Local Council or other Local Authority; (lix) "Public Street" means a street maintained by Government or by a Local Council or other Local Authority; (lx) "Public Place" means any building, premises or place to which the public have access; (lxi) "Rate" means an impost levied for the purpose of recovering expenses incurred on providing a service facility to the residents of any area or on any work of public utility; (lxii) "Relative" means parents, guardians, wife, husband, children, adopted children, brother and sister; (lxiii)"Refuse" includes rubbish, offal, night-soil, carcasses of animals, deposits of sewerage, waste and any other offensive matter; (lxiv) "Regulations" means regulations made under this Act; (lxv) "Rent" means whatever is by law payable in money or kind by a tenant or lessee on account of the use or occupation of any building or land; (lxvi) "Road" includes also a road which is not a thoroughfare; (lxvii) "Rules" means rules made under this Act; (Ixviii) "Rural Area" means any area which is not an urban area; (lxix) "Secretary" means an officer in charge of the administration of Local Council established under this Act, provided that the Secretary of the District Council, Municipal Committee and Municipal Corporation shall be designated as Chief Officer and the Secretary of the Metropolitan Corporation shall be designated as Chief Metropolitan Officer; (lxx) "Schedule" means a Schedule to this Act; (lxxi) "Specified" means specified by Standing Orders of Government; (lxxii) "Special interests" include worker, peasant, tenant, women and such other interest as government may specify; (lxxiii) "Street" includes also a street which is not a thoroughfare; (lxxiv) "Streets Line" means a line dividing the land comprised in, and forming part of a street from the adjoining land; (lxxv) "Sullage" includes sewerage, polluted water, rain water, industrial waste and any other offensive carried by a drain; (lxxvi) "Tax" includes any cess, fee, rate, toll or other impost leviable under this Act; (lxxvii) "Trade allowance" includes such allowances as have the sanction of custom? (riwaj) in a Market area: (lxxviii) "Tribunal" means an Election Tribunal constituted under section 38 of this Act; (lxxix) "Union" means Union declared under this Act; (lxxx) "Union Council" means a Union Council constituted under this Act; (lxxxi) "Urban Area" means an area within the' jurisdiction of a Municipal Committee or a Municipal Corporation or a Metropolitan Corporation and includes any other area which Government may, by notification, declare to be an urban area for the purposes of this Act; (lxxxii) "Vehicle" means a wheeled conveyance capable of being used on a street; (Ixxxiii) ""Vice-Chairman" means the Vice Chairman of a Local Council; (lxxxiv) "Village" means the area comprising of a revenue estate under the Balochistan Land Revenue Act, 1967; (Ixxxv) "Voter" means a person, whose name for the time being appears on the electoral rolls prepared or adopted for the purposes of election under this Act; (lxxxvi) "Ware-Houseman" includes a person who stores any farm produce not belonging to himself and charges rent there for in any form, from the person at whose instance the said produce is so stored; (lxxxvii) "Water works" includes a lake, stream, spring well, pump. reservoir, karez, cistern, tank, duct, sluice, pipe, culverts, engine and other appliances and any thing used for supply of water; (lxxxviii)"Worker" means a person directly engaged in work, or is dependent on personal labour, for subsistence living and includes a worker as defined in the Industrial Relations Ordinance, 2002 (XCI of 2002); (2) unless the context otherwise requires:- (a) the words and expressions complaint, cognizable offence, Officer, In charge of a Police Station and Police Section shall have the same meaning as are respectively assigned to them in section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898); and (b) the words and expressions decree and Movable property shall have the same meanings as are respectively assigned to them in section 2 of the Code of Civil Procedure, 1908 (Act V 1908).