2

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:‑‑ CHAPTER I PRELIMINARY 2. Definitions.‑‑‑In this Ordinance, unless there is anything repugnant in the subject or context,‑‑ (i) body corporate means a body having perpetual succession and a common seal. with power to acquire and hold movable and immovable property, and transfer and property held by it and enter into any contract and may sue and be sued in its name; (ii) 'budget' means an official statement of income and expenditure ,for a financial year; (iii) 'building' includes any shop, house, hut, out‑house, shed, stable or enclosure built of any material and used for any purpose, and also includes wall, well, veranda, platform, plinth, ramp and steps; (iv) '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; (v) 'bye‑laws' means the bye‑laws made under this Ordinance; (vi) 'Council' means a Zila Council, Tehsil Council, Town Council, Union Council, Village Council and Neighbourhood Council; (vii) 'decentralise' or 'decentralised' means conferment by .the Government under this Ordinance of its administrative and financial authority for the management of specified offices of the Provincial Government to the Local Governments; (viii) 'dependent' means wholly or partially dependent parents, spouse,, guardians, children,. step and adopted children; (ix) 'disaster' includes famine, flood, cyclone, fire, earthquake, drought, and damages caused by force majeure; (x) 'district' means a district notified under the Balochistan Land Revenue Act, 1967 (W.P. XVII of 1967), and includes a largely urban district or districts declared to be City District under this Ordinance; (xi) 'drain' includes a sewer, a house drain or a drain of any other description, used for carrying sullage or rain water; (xii) 'elector' means a person whose name appears on the electoral rolls prepared under the Balochistan Local Government Election Ordinance, 2000 (VI of 2000); (xiii) 'Government' means the Government of the Balochistan (xiv) 'land' includes vacant land or on which any structure has been raised or is being raised or is‑covered with water or is under cultivation or‑ is fallow or is barren and, in relation to a town improvement scheme, includes land as defined in clause (a) of section 3 of the Land. Acquisition Act, 1894 (IV of 1894); (xv) 'local area' means an area specified in Chapter II; (xvi) 'Local Government' includes‑ (a) a District Government or a City District Government and Zila Council (b) a Tehsil Municipal Administration and Tehsil Council; (c) a Town Municipal Administration and Town Council; and (d) a Union. Administration and Union Council; (xvii) mal‑administration means (a) a decision, process, recommendation, act of omission or commission which is‑‑ (i) contrary to the law, rules or regulations or is a departure from established practice or procedure; or (ii) perverse, arbitrary or unreasonable, unjust, biased, oppressive, or discriminatory; or (iii) based on irrelevant grounds, (b) neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities or delivery of civic and municipal services under this Ordinance or any other law for the tune being in force; (xviii) 'market' means a place notified as market tinder this Ordinance or any other law for the time being in force; (xix) 'member' means an elected member of., Council; (xx) 'mauza' means a revenue estate declared under the Balochistan Land Revenue Act, 1967 (W.P. Act XVII of 1967); (xxi) 'municipal offences' means the offences specified in the Fifth Schedule or any other law for the time being in force; (xxii) 'municipal services' includes, but not limited to infra‑city or intra or inter‑town or tehsil network of water supply, sanitation, conservancy, removal and disposal of sullage, refuse, garbage, were or storm water, solid or liquid waste, drainage, public toilets, express ways bridges, flyovers, public roads, streets, foot paths, taffic 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 area, markets, housing, urban or rural infrastructure, environment and construction, maintenance or development thereof and ,enforcement of., any law or rule relating thereto; (xxiii) Naib‑Nazim means Naib Zila Nazim, Naib Tehsil Nazim Naib Town Nazint or, as the case may be, Niab Union Nazim; (xxiv) ' Nazim' denotes Zila Nazim, Tehsil Nazim, Town Nazim or, as the case may be, Union Nazim. . (xxv) "Neighbourhood" means a Mohallah, a group of streets, lanes or roads, designated by Tehsil Municipal Administration, Town Municipal Administration to be the Neighbourhood; (xxvi) 'peasant' means. a person who is a landless farm worker or, one who during the period of live years preceding the year in which election is held, has been the owner of not more than five acres of land and depends directly on it for subsistence living; (xxvii) 'prescribed' means prescribed by rules made under this Ordinance; (xxviii) 'public place' means any building, premise or place to which the public have accesss; (xxix) 'rent' means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land; (xxx) 'street line' means a line dividing the land and forming part of a street from adjoining land; (xxxi) 'tax' includes any cess, fee, rate toll or other impost leviable under this Ordinance; (xxxii) 'tehsil' means a tehsil notified under the Balochistan Land Revenue Act; 1967 (W.P. Act XVII of 1967); (xxxiii) 'Tehsil Municipal Administration' includes the Tehsil Nazim and the officials and employees of the Tehsil Municipal Administration specified in section 49; (xxxiv) "town' means an area notified by the Government under section 9 to be a town in a City District; (xxxv) 'Town Municipal Administration' includes the Town Nazim and the officials and employees of the Town Municipal. Administration specified in section 50; (xxxvi) 'Union' means a local area notified under section 6 to be a union under this Ordinance; (xxxvii) Union Administration' includes the Union Nazim, Union Naib Nazim, the Union Secretaries, and other Union employees; (xxxviii) 'Village' means an integrated and contiguous human habitation commoply identified by a name and includes a dhok, chak, killi, goth, gaown, basti or any other comparable habitation; (xxxix) 'water reservoir' includes a spring, well, tube-well, pond tank, watercourse,, culvert, and any channel used for supplying water other than anal, river, lake or stream; (xl) 'work' includes a survey, whether incidental to any other work or not; and (xli) '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, 1969 (XXIII of 1969).