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FOURTH SCHEDULE

Schedule

Act: Balochistan Local Government Ordinance 2001

Section Provisions

ORDINANCE XVIII OF 2001 ORDINANCE XVIII OF 2001 BALOCHISTAN LOCAL GOVERNMENT ORDINANCE, 2001 An Ordinance to establish, reconstruct and regulate the Local Governments in the Province of Balochistan [Gazette of Balochistan, Extraordinary, 9th August, 2001] No. Legis:I‑122/Law/2000‑111, dated 9‑8‑2001.‑‑‑The following Ordinance made by the Governor of Balochistan on 8th August, 2001 is hereby published for general information: Whereas it is expedient to devolve political power and decentralize administrative and financial authority to accountable Local Governments for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grass‑root level; And whereas the Provincial Assembly of Balochistan is dissolved, the Governor is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in pursuance of Article 4 of the Provisional Constitution (Amendment) Order, 1999 (Chief Executive's Order No.9 of 1999 and in exercise of all powers enabling in that behalf, the Governor of Balochistan is pleased to make and promulgate the following Ordinance:‑‑ FOURTH SCHEDULE [See sections 141, 144 and 145] Part‑I 1. Immovable encroachment in or on or under any property or any open space or land vested in or managed, maintained or controlled by a Local Government. . 2. Without license from relevant authority manufacturing, storing, trading or carrying fire crackers, tire balloons or detonators or any dangerous chemical, inflammable, hazardous or offensive article or material. 3. Discharging any dangerous chemical, inflammable, hazardous or offensive article in any drain; or public watercourse or public land in such manner as causes or is likely to cause danger to persons passing by or living or working in neighbourhood, or risk or injury to property. 4. Overcharging or illegally charging any tax, fee, tine, charge or rate by an employee of a Local Government or a contractor or his staff without the authority of a Local Government. 5. Preparing or using counterfeit or prescribed forms of the Local Government for recovery of taxes. . 6. Erection of re‑erection of building over setback area or parking area or building line area required to be left open under the rules for using such space for any purpose which is not approved. 7. Changing or converting into any other use any portion of a commercial building or area specified or earmarked for public parking. 8. Failure to demolish or otherwise secure a building declared by the Local Government to be dangerous building. 9. Failure of industrial or commercial concerns to provide adequate and safe disposal of affluent or prevention of their mixing up with the water supply or sewerage system. 10. Establishing any parking stand on any property or on any open space and public park or land vested in or managed, maintained or controlled by a Local Government on or under a street, road, graveyard or a drain without the sanction of the relevant Local Government. 11. Supplying or marketing drinking water for human consumption in any form, from any source which is contaminated or suspected to be dangerous to public, health, or its use has been prohibited by a Local Government on the ground of being unsafe for human consumption, or whose quality and suitability for' human consumption has not been ascertained and certified by a laboratory authorized by the Government. 12. Cultivation of agriculture produce or crop, for supply or sale to public using such manure, or irrigating it with sewer water or any such liquid as may be injurious to public health or offensive to ,the neighbourhood. 13. Quarrying, blasting, cutting timber or carrying building operation in such manner as causes or is likely to cause danger to persons passing by or living or working in the neighbourhood. . 14. Erection or re‑erection of a building without the sanction required under this Ordinance or using a building for a purpose which may endanger the security of people. 15. Dyeing or tanning skins within such distance of any commercial or residential areas as may be specified by the Government. 16. Violation of the prohibitions provided in the Master Plan, the sanctioned Site Development Schemes under this Ordinance, Cities Acts, or any other law for the time being in force including the plans and schemes sanctioned under the repealed enactments. 17. Adulteration of any eatable or drinkable or consumable item sold or supplied to the public. 18. Neglect in safe storage of eatable, drinkable and other consumable items sold or supplied to the public. 19. Manufacturing, trading, storing or supplying any eatable or drinkable item and other items unsafe for human consumption or public health. 20. Contravention of the prohibition or attempt or abetment of any of the offences in this part. Part‑II 21. Willfully obstructing any officer or servant of a Local Government or any person authorized the exercise of power conferred under 22. Establishing any cattle market or bakarmandi without permission of the Local Government. 23. Failure to deliver back possession of property to the Local Government on cancellation and expiration of lease. 24. Establishing any bus, wagon, taxi or other commercial motorized or non‑motorized vehicle ‑stand for the purpose of plying them on different routes on any road, street, footpath, public place or any other property vested or managed or controlled or maintained by a Local Government without its permission. 25. Establishing or running any restaurant or vending stalls for eatables on any road, street, footpath, public place, over a drain, or any other property vesting in or managed or controlled or maintained by .a Local Government without its permission. 26‑. Fixing of wooden khokhas, plying of handcarts for the sale of goods and temporary shops or extension thereof on footpaths or beyond the street line. 27. Establishing a brick kiln and limekiln within such distance of a residential area as may be specified by the Local Government. 28. Failure by the owner or occupier of any land to clear away and remove any vegetation declared by a Local Government to be injurious to health or offensive to neighbourhoods. 29 Slaughtering of animals for the sale of meat at a place other than the place set apart for the purpose. 30. Cutting down of any tree, or cutting, of a branch of any tree, or erection or demolition of any building or part of a' building where such action is declared under this Ordinance to be a cause of danger or annoyance to the public. 31. Stocking or collecting timber, wood, dry grass, straw or other inflammable material or fuels, adjacent to commercial buildings or residential houses. 32. Without the permission of the Local Governments causing or knowingly or negligently allowing the contents of any sinks, sewer or cesspool or any other offensive matter to flow, or drain or to be put upon any street, or public place, or into irrigation channel or any sewer or drain not set apart for the purpose. 33. Doing an act without licence or permission when the doing of such act requires a licence or permission under any of the provisions of the Ordinance or the rules or bye‑laws. 34. Manufacturing, keeping, storing or selling wire thread or any other material meant for kite‑flying or in the manner causing danger to the human life or the electric installations or disruption in electric supply. 35. Keeping or maintaining any cattle in any part of the prohibited zone or failure to remove the cattle from the prohibited zone within the specified time when an order to this effect has been made under section 65. 36. Keeping ferocious dogs or other animals in residential areas or taking such animals to public places without leash. 37 Obstructing or tampering with any road, street drain or pavement. 38. Obstructing or tampering with any main pipe, meter or any apparatus or appliance for the supply of water or sewerage system. 39. Evasion of payment of tax or other impost lawfully levied by a local council. 40. Preparation and sale of article or articles of food or drink by a person apparently suffering froth any infectious or contagious disease that may endanger the health of people. 41. Attempts and abetments of any of the offences as aforesaid. 42: Contravention of the prohibition or attempt or abetment of any of the offences in this part. PART‑III 43. Laying out a drain or alternating any drain in a street or road without the‑ sanction required under this Ordinance. 44. Connecting any house drain with, a drain in a public street without the permission required under this Ordinance. 45. Excavation of earth, stone or any other material within such distance of the residential area as specified by the Local Government. 46. Burying or burning a dead body at a place which is not a public or registered burial or burning place, except with the sanction of .the Local Government. 47. Failure to furnish, on requisition, information in respect of any matter which a Local Government is authorised to call for under any of the provisions of the Ordinance, rules or bye‑laws or furnishing wrong information. 48. Obstructing lawful seizure of animals liable to be impounded on the ground of violations of rules or bye-laws governing the picketing, tethering, keeping, milching or slaughter of .animals or their trespass of private or public property. 49. Picketing, parking animals or collecting carts or vehicles on any street, using any street as a halting place for vehicle or animals or as a place encampment without the permission of the local council concerned. 50. Causing or permitting animals to stray or keeping, tethering, stalling, feeding or gazing any cattle on any road, street or thoroughfare or in any public place or damaging or causing of permitting to be damaged any road, street or thoroughfare by allowing cattle to move thereon: 51. Disposal of carcasses of animals within prohibited distance. 52. Failure to dispose of offal, fat or any organ or part of a dead animal in a place set apart for the purpose by the Local Government. 53. Throwing or placing any refuse, litter of garbage on any street, or in any place, not provided or appointed for the purpose .by a Local Government. 54. Failure to provide for disposal of litter or garbage inside or outside a shop by its owner. 55. Failure to maintain clean premises of the area in front of a shop, office or factory up to the public street or road serving this facility. 56. Watering cattle or animals, or bathing or washing at or near a well or other source of drinking water for the public. 57. Steeping hemp, jute or any other plant in or ‑near a pond or any other excavation within such distance of the residential area as tray be specified by a Local Government. 58. Drawing off, diverting or taking any water except with the permission required under this Ordinance. 59. Failure to provide, close, remove, alter, repair, clean, disinfect or put in proper order any latrine, urinal drain, cesspool or other receptacle for filth, sullage, water or ‑refuse by an owner of a house, shop, office, industry or premises. 60. Failure to clean the premises, houses, shops and cultivated lands of plastic bags and other non‑perishable materials. 61. Damaging or polluting physical environment, inside or outside private of public premises, in a manner to endanger public health. 62. Failure by the owner or occupier of any land to cut or trim the hedges growing thereon which overhang any well, tank or other source from which water is derived for public use. 63. Failure by the owner or occupier off any land or building to lean, repair, cover, fill up or drain off any private well, tank or other source of water supply, which is declared under this Ordinance to be injurious to health or offensive to the neighbourhood. 64. Failure to stop leakages of water pipes, faucets and sanitary fittings resulting in dirty water pools affecting physical environments and breedings of mosquitoes. 65. Failure of an owner or occupier of any building or land to put up and keep in good condition trough and pipes for receiving or carrying water or sullage water. 66. Feeding or allowing to be fed an animal meant for dairy or meat purposes, on deleterious substance, filth or refuse of any kind which is dangerous to health of consumers: 67. Defacing or disturbing any direction post, map post or lamp extinguishing or any light arranged by a Local Government without due authority. 68. Fixing any bill, notice, play-card, poster or other paper or means of advertisement against or upon any private or public building or place other than the places fixed for the purpose by a Local Government. 69. Exhibiting any obscene advertisement. 70. Loud playing of music or radio, beating of drum or tom‑tom, blowing a horn or beating or sounding any brass or other instruments or utensils in contravention of any general or special, prohibition issued by a Local Government or a hospital or an educational institution. 71. Loud shouting in abusive language causing distress to the inhabitants of a neighbourhood or village or any other public place. 72. Using or allowing the use for human habitation of a building declared by a Local Government to be unfit for human habitation. 73. Failure to lime‑wash or repair a building if so required by Local Government. 74. Begging importunately for alms by exposing any deformity or disease or any offensive sore or wound to solicit charity. 75. Failure of the head of family to report the birth or death to a Local Government or a person appointment in his behalf within a reasonable time. 76. Causing or permitting to be caused by any owner or keeper of an animal who through neglect or otherwise damage of any land or crop or produce of land, or any public road, by allowing such animals to trespass thereon. 77. Selling cattle and animals in contravention of any law, rule or bye‑laws of a Local Government. 78. Kite‑flying in contravention of any general or specific prohibition issued by Local Governments. 79. Keeping pigeon or other birds in a manner causing danger to air traffic. 80. Contravention of the prohibition or attempt or abetment of any of the offences in this part.