FIFTH SCHEDULE

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: THE FIFTH SCHEDULE (See Section 78) 1. URBAN COUNCILS COMPULSORY FUNCTIONS An Urban Council may and if the Government so directs shall undertake all or any of the functions as follows:-- (a) Public Health 1. Maintenance of sanitation. 2. Removal, collection and disposal of refuse. 3. Provision and maintenance of private and public latrines and urinals. 4. Prevention and cure of infectious disease. 5. Registration of Births and Deaths. 6. Reservation of places for digging pits for storing and preservation of composite and farm yard manure. (b) Water supply 7. Regulate water supply. 8. Regulate, inspection and control of private sources of water supply within Municipal limits. (c) Drains. 9. Regulate private drainage and sewerage and for commercial and industrial area(s) for the adequate drainage and disposal of their waste. (d) Articles of Food and Drinks 10. Regulate private markets established for the sale of articles of food or drink or animals. 11. Provision and maintenance of slaughter house. (e) Animals and Cattle 12. Prohibition on picketing or tethering of animals in streets. 13. Regulate keeping and maintaining animals. 14. Control over dangerous animals. 15. Regulate disposal of carcasses. (f) Education 16. To establish, maintain and manage for promotion of education such educational institutions as may be required and approved by the Government. 17. Enforcement of compulsory primary education. (g) Public Safety 18. Maintenance of Fire-fighting. 19. Civil Defence. 20. Relief measures in the event of fire, flood, famine, hail storm or other natural calamities. 21. Control over dangerous and offensive trades. (h) Town Planning 22. Master planning for development expansion and improvement of any area. (i) Building Control 23. Regulate erection and re-erection of buildings. 24. Regulate construction of buildings and development of sites. (j) Streets 25. Provision and maintenance of public streets and other means of public communication. 26. Regulation of private streets. 27. Measures for the prevention of encroachments. 28. Proper lighting of streets and roads. 29. To adopt measures for the watering 'of public streets for the comfort and convenience of public. 30. Regulation of traffic and public vehicles. (k) Arboriculture 31. Plantation and protection of trees. OPTIONAL FUNCTIONS (a) Public Health 1. To establish, maintain or manage or contribute towards the health centres, maternity centres for the welfare of women, infants and children. 2. The measures for promoting the public health. 3. To establish, maintain and manage hospitals and dispensaries as may be necessary. 4. Provision, maintenance and management of- (a) first aid centres: (b) mobile medical aid units; (c) grants to institutions for medical relief; (d) the medical inspection of school children; and (c) the encouragement of societies for the provision of medical aid. 5. Preparation and implementation of schemes for the prevention of the pollution of air, water, land gases, dust or other substances exhausted or emitted by automobiles, engines, factories, brick or lime kilns, crushing machines for grains, stone, salt or other materials and such other sources of air pollution. (b) Dhobi Ghats 6. Regulate, provide and maintain bathing and washing places; 7. Maintain and provision, maintenance and management of public fisheries. (c) Articles of Food and Drinks 8. Through bye-laws:-- (a) prohibit the manufacture, sale or preparation or the exposure for sale of any specified articles of food or drink in any place or premises not licensed by the Municipal Committee. (b) Prohibit the import into the Municipality for sale or the hawking for sale, of any specified article of food or drink by person not so licensed. (c) Prohibit the hawking of specified articles of food or drink in such parts of the Municipality as may be specified. (d) Regulate the time and manner of transport within the Municipality of any specified articles of food or drink. (e) Regulate the grant and withdrawal of license under this section and the levying of the fees thereon; or (f) Provide for the seizure and disposal of any animals, poultry or fish intended for food which is diseased or any articles of food or drink which is noxious. 9. Regulate import of milk for sale, manufacture of butter, ghee, or any other in milch of dairy product and milk supply scheme including milkmen's colonies, the prohibition of the keeping of milch cattle in the municipal area or any part thereof. 10. Measures, as may be necessary to ensure an adequate supply of pure milk to the public. 11. Establishment and maintenance of public markets. (d) Animal Husbandry 12. Prevention of contagious diseases amongst animals and compulsory inoculation of animals. 13. Maintenance and management of animal homes. 14. Maintenance and management of cattle and poultry farms. 15. Registration of sale of cattle. 16. Frame and execute a livestock scheme, and to regulate keeping of such animals unless castrated to be fit for breeding. 17. Holding of cattle shows and fairs. 18. Contribution towards the maintenance of Zoological gardens. 19. Natural calamities. 20. Provision and maintenance of burial and burning places. (e) Trees, Parks, Gardens and Forests 21. Maintenance of public gardens for the recreation and convenience of the public: 22. Provision and maintenance of open spaces, as may be necessary, for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities, in the prescribed manner. 23. Prevention of nuisances pertaining to trees and plantations. (f) Education 24. Promotion of adult education. 25. Construct and maintain buildings to be used for schools and hostels for students. (g) Culture 26. Maintenance of information centers for the furtherance of civic education and dissemination of information on matters of community development and other public interests. 27. Maintenance of radio and television sets at public institutions and places of public interest. 28. Organize museums, exhibitions and arts galleries. 29. Provision and maintenance of public halls and community centres. 30. Provide for the reception of distinguished visitors visiting the Municipal Committees. 31. Encouragement of national and regional languages. 32. Promote physical culture and encouragement of public games and sports and organize rallies and tournaments. 33. Promote tours to the Municipal Committees and adopt measures for the preservation of the historical and indigenous characteristics of the Municipal Committees. 34. Provide, promote or subsidies facilities for the recreation of the public. 35. To establish and maintain public libraries, reading rooms and circulation libraries. 36. Arrangements on the occasion of any fairs, shows, or public festivals. (h) Social Welfare 37. To establish, manage and maintain welfare homes and other institutions for the relief of distressed. 38. Provide for the burial and burning of paupers found dead within municipal limits. 39. Prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption' of alcoholic liquor, Juvenile delinquency and social evils. 40. Organize voluntary services. 41. To adopt such measures as may be prescribed for the promotion of welfare of backward classes, families of the persons serving in Armed Forces and Women and children. 42. Assistance to Social Welfare Organization. (i) Municipal Police 43. Maintenance of municipal police. (j) Additional Functions Nothing contained in this schedule shall preclude a municipal committee to perform such functions as may be assigned to it by or under any other law or by the Government. II. RURAL COUNCILS A. Functions of Union Councils 1. The Union Council may and if the District Council or the Government so direct shall perform all or any of the functions enumerated at 'a', 'c', 'd', `f' and ' I' . of the Fifth Schedule showing functions of District Council; and 2. Under Rural Development (i) To formulate ADP and act as construction and maintenance agency following sub-sectors:-- Primary Education, Rural health clinics, family welfare clinics, Basic health units, piped water supply, potable water storage tanks, Handpumps wells and Tube wells. Karez. Sanitation Farm to market road. Note.--In pursuance of the above, the Union Councils shall be responsible for site selection, project preparation, land acquisition where necessary, construction and maintenance of new buildings as well as the maintenance of already completed projects. (ii) Monitor the, implementation of development projects of the line departments by regular review meetings, inspections and review of periodical progress reports; (iii) Make recommendations about the location of various facilities to the District Council; (iv) Identify gaps in various sectors in the Union Council areas and to take steps to remove, these gaps with the available resources in accordance with the priorities laid down by District Council: (v) Circulate widely the information 'on the projects, allocations and physical programmes to be executed by various line departments and the Union Council within the Union Council area to enlist the voluntary financial and material support to the local development programmes and to stimulate better community supervision. B. Function of District Councils Local Government Rural Development and Local Council function.---A District Council may and if the Government so directs shall undertake all or any of the following functions: (a) Public Works (1) provision, maintenance, improvement and management of itspublic roads, public streets and public ways, culverts bridges, public buildings, wells, water pumps, tanks, ponds and other works of water supply; (2) provision, maintenance and management of sarais, dak bungalows, rest houses and other buildings for the convenience of travelers; (3) plantation and preservation of trees on road sides, public ways, public places and public buildings; (4) provision and maintenance of public garden, public playgrounds and public places. (b) Public Health (5) prevention and cure of infectious diseases and enforcement of vaccination; (6) establishment, maintenance and management of hospitals and rural health centres; (7) establishment, maintenance and management of First Aid Centres; (8) provision and maintenance of Medical Aid Units; (9) establishment, management and visiting of health centres, maternity centres, and centres for the welfare of infants and children, training of Dais and adoption of other measures likely to promote health and welfare of women, infant and children; (10) payment of grants to medical aid societies and institutions; (11) establishment, management, maintenance and the visiting, of Unani, Ayurvedic and Homocopathic dispensaries; anc: (12) promotion of sanitation, public health and educating people in public health. (c) Education (13) provision, maintenance and management of primary Schools; (14) construction and maintenance of building as hostels of students; (15) payment of grants and subsidies to institutions and organizations engaged in the promotion of education; (16) promotion of adult education; (d) Agricultural Development and Economic Welfare (17) agricultural, industrial and community development promotion of national reconstruction, promotion and development of co-operative movement and village industry; (18) adoption of measures for increased agricultural production; (19) establishment and maintenance of model agricultural farms; (20) popularization of improved methods of agriculture maintenance of improved agricultural implements and machinery and lending of such implements and machinery to cultivators and adoption of measures for(sic). (21) promotion of agricultural credit, agricultural education and adoption of other measures likely to promote agricultural development; (22) promotion and co-ordination with Agrovilles; (23) provision, regulation and maintenance of markets; (24) popularization of co-operative movement and the promotion of education in co-ordination. ?(25) construction and repair of embankment supply, storage and control of water for agricultural purposes; and (26) promotion of cottage industry; (e) Articles of Food and Drink (28) protection of food stuff and prevention of adulteration. (f) Drainage (28) provision and maintenance of adequate system of public drains and regulation of the disposal of industrial wastes. (g) Livestock and Dairy Development (29) voluntary registration of the sale of cattle and other animals; (30) prevention of cruelty to animals and measures to combat ordinary and contagious diseases of birds and animals; (31) provision, maintenance and improvement of pastures and grazing grounds; (32) regulation of milk supply; (33) establishment and maintenance of cattle colonies; (h) Culture (34) holding of fairs and shows; (35) promotion of public games and sports.; (36) provisions, organization and maintenance of museums, exhibitions and arts galleries; (37) provision and maintenance of public halls, public meeting places and community centres; (38) celebration of national occasions; (39) establishment management and maintenance of welfare Homes and other institutions for the relief of the destitutes; (40) suppression of beggary, prostitution, gambling, taking of injurious drugs, consumption of alcoholic drink and other social evils; (41) establishment and maintenance of information Centres;' (42) encouragement of national and regional languages; and (43) receipt of distinguished visitors. (i) Public Safety (44) relief measures in the event of any fire, flood, hail storm, earth quake, famine and other natural calamities. (j) Other Functions (45) provision and maintenance of libraries and reading rooms; (46) prevention and abatement of nuisance and encroachment; and (47) regulation of traffic, licensing of vehicles and the establishment and maintenance of public stands for vehicles in Rural areas. (k) Rural Development (48) Aggregation of the financial allocation and physical programmes and targets received from the Provincial Government in different sectors and to draw up a District Development Programmes. In this work the Council will take into account Federal Projects, their allocations and the physical targets falling in or benefiting the districts (Generally the organization may develop and 'take on complete planning functions); (49) To proposal submit, if necessary, to the Local Government and Rural Development Department for modifications in the aggregate District programmes after identifying the (a) gaps, (b) internal inconsistence (c) compatibility of the programme with capacity available in the District implementation, maintenance and supervision and (d) evaluating it in the light of local priorities; (50) To facilitate the formation of associations for the performance of tasks that can be done/performed collectively, for example, consumer association for distribution of electricity, farmers association for water courses management, associations for distribution of agriculture inputs, cooperative marketing associations, etc. (51) To discharge the overall responsibility for the identification appraisal of projects and approval of projects prepared and to be constructed by Rural Local Councils in the following sub-sectors: (52) Primary schools, Basic health units, Family welfare clinics, piped Water supply, potable water/storage tanks Hand pumps/Sanitation Rural roads. (53) To propose disbursement of ADP funds for the approved projects to various Local Councils mentioned in (51) above inclusive of Municipal Committees if necessary. (54) To take appropriate measures for the development of skills, crafts and cottage industries. Development of skills would include promotion of industrial homes, domestic and cottage level crafts and trades, modest repairs of agricultural and other machinery, training of un-skilled labour etc. (55) To review the implementation of the District Development programmes (as an extension of the function of Government and as their agent) by holding review meetings within the District as well as through periodic inspections and progress reports from the lower tiers etc.; (56) To supervise and submit to the Government regular progress reports on the implementation of Development projects and different levels within the District; (57) To evolve standard designs and specifications to the extent possible and desirable in harmony with the general conditions obtaining in the District and use appropriate technology to execute its development projects on a more economic basis. (58) To monitor the supply of agricultural inputs and to make appropriate recommendations to the concerned authorities; (59) To formulate Tehsil Markaz development programmes derived from the District Development programmes in consultation with the respective Local Councils in Tehsil and to review periodically its imple?mentation. Disseminate information about the projects and allocations of funds for the District to keep the people fully informed about the projects for the District Development Programmes throughout the District to keep the people fully informed about the project, to be executed in the district. This will not only mobilize the interest of the people in the development work, for the District but also make them more watchful about the use of development funds by the better community supervision. (60) Improvement of breeding of cattle, horses and other animals; (61) Establishment and maintenance of Cattle colonies; (62) Establishment and maintenance of cattle and dairies; (63) Initiation, promotion, undertaking individually or on co-operative basis of commercial schemes, like the establishment of cattle, poultry, fish and agricultural farms, installation, of wells/tube wells, construction of tanks for the storage of irrigation water, establishment of workshops for manufacture and repair of agricultural implements and machinery, provision and maintenance of transportation services, construction of shops, establishment of markets and other commercial enterprises for which funds are available. (1) Through Bye-Laws Regulate (1) the collection and removal of manure and street sweepings; (2) disposal of industrial waste; (3) offensive and dangerous trades; (4) disposal of carcasses; (5) slaughter of animals; (6) erection and re-erection of buildings; (7) removal of dangerous buildings and structures; (8) prohibition of watering of cattle, bathing or washing near wells, ponds and other sources of water reserved for drinking purposes; (9) prohibition of steeping of hemp or other plants in or near ponds or other sources of water supply; (10) prohibition of dyeing or tanning of skins within residential areas; (11) prohibition of the establishment of brick kilns, lime kilns, potteries and other kilns within the residential areas; (12) destruction of weeds and pests of crops; (13) preservation of useful wildlife; (14) registration of birth, death and marriage; (15) registration of safe of-cattle and other animals.