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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 II CONSTITUTION OF LOCAL COUNCILS 7. Constitution of Local Councils.---(1) As soon as may be, the following local councils shall be constituted: (a) A Union Council for each Union; (b) A District Council for each District; (c) A Municipal Committee for each Municipality; (d) A Municipal Corporation for each City; (e) A Metropolitan Corporation for the Capital City. (2) Government may, by notification, declare an area:-- (a) comprising a village or a number of villages having, as far as possible, an aggregate population between 7000 and 15000, excluding its urban areas and the cantonment areas, to be a Union Council; (b) comprising the area of a revenue district, excluding its urban areas and the cantonment areas, to be a District Council; (c) comprising an urban area having a population exceeding 15000 but not exceeding one lac to be a Municipal Committee; (d) comprising an urban area having a population exceeding one lac but not exceeding five lac to be a Municipal Corporation; and (e) comprising an urban area having population exceeding five lac to be a Metropolitan Corporation. (3) The notification issued under subsection (2) shall also specify the extent and limits of the areas comprising in each local council. (4) The local area comprising a local council shall, as far as possible, be compact, contiguous and constitute a territorial unity. (5) Government may, by notification, extend, curtail or otherwise alter the limits of a local council or declare that any local council shall cease to be a local council with the following consequences and such other consequences as may be enumerated in the declaration:-- (6) in cases where the whole local area comprising a local council ceases to be a local council: ?(i) if the control of the local area is placed under any other local authority, the balance of the local council fund and other property vesting in the local council shall vest in such local authority and the liabilities of the local council shall stand transferred to such local authority; and (ii) if the control of the local area is not placed under any other local authority, the balance of the local council fund and other property vesting in the local council shall vest in Government and the liabilities of the local council shall stand transferred to the Government; (b) in cases where any local area forming part of a local council ceases to be a part of that local council: (i) if the control of that part of the local area is placed under some other local authority, such portion of the local council fund and other property vesting in the local council and such portion of the liabilities of the local council, as the Government may, by general or special order, direct shall e transferred to other local authority; and (ii) if the control of that part of a local area is not placed under some other local authority, such portion of the local council fund, and other property vesting in the local council shall vest in Government and such portion of the liabilities ?f the local council shall be transferred to the Government, as the Government may, by general or special order, direct. (6) Any local council fund or portion of a local council fund or other property of the local council transferred to Government or, as the case may be, to any other local authority, under the provision of subsection (5) shall be applied in the first place to satisfy any liabilities of the local council or part of the local council and in the second place for the benefit of the inhabitants of the local area which has ceased to be a local council or as the case may be, part of a local council. (7) Subject to the provisions of the Act and the rules, a local council shall be a body corporate having a perpetual succession and common seal with power to acquire, hold and transfer property, movable and immovable, and may, by its name, sue and be sued. (8) Government may, by notification, specify the name by which a local council shall be known and unless the name of local council is so specified, it shall be known as the local council of the place where its office is situated.