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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 V TEHSIL AND TOWN MUNlCIPAL ADMINISTRATION 54. Functions and powers of the Tehsil Municipal Administration.‑‑ (1) The functions and powers of the Tehsil Municipal Administration shall be to (a) prepare spatial plans for the tehsil in collaboration with. Union Councils, including plans for land use, zoning and functions for which the Tehsil Municipal Administration is responsible; (b) seek approval of the Tehsil Council to the spatial plans prepared by it after due process of dissemination and public enquiry, incorporating modifications on the basis of such inquiry; (c) execute and manage development plans; (d) exercise control over land‑use, land subdivision, land development and zoning by public and. private sectors for any purpose, including for agriculture, industry, commerce markets, shopping and other employment centres; residential recreation, parks, entertainment; passenger and freight transport and transit stations; (e) enforce all municipal ‑ laws, rules, and. bye‑laws governing its functioning: Provided that the. Tehsil Municipal Administration may, with the approval of Tehsil Council, exempt any Union from application of any specific provision of the bye‑laws made by the Tehsil Council under this Ordinance: Provided further that the Government may, on the recommendations of Tehsil Municipal Administration through District Government, exempt any Union or a part thereof from the application of rules relating to land use, building control, tax on property or in any other matter dealing with municipal services: Provided also that such exemption shall not extend to any organised housing schemes, zoning of industrial and commercial areas, and matters concerning environmental protection; (f) prevent encroachments; (g) regulate affixing of sign‑boards and advertisements; (h) provide, manage, operate, maintain and improve the municipal infrastructure and services, including‑ (i) water supply and control and development of water sources, other than systems maintained by the Union and Village Councils; (ii) sewerage, sewage and sewage treatment and disposal; (iii) storm water drainage; (iv) sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital wastes; (v) roads and streets, other than roads falling under the jurisdiction of, and maintained by, the District Government or Government and streets maintained by the Union Administration or Village Council; (vi) traffic planning engineering and management including traffic signaling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals; . (vii) street lighting (viii) fire fighting; (ix) parks, playgrounds, open spaces and arboriculture, and (x) slaughter houses; (i) compile information provided by Union and Village Councils of prioritised projects in the tehsils; (j) prepare budget, long term and annual municipal development programmes in collaboration with the Union Councils, under the directions of Tehsil Nazim; . (k) maintain, with the assistance of the District Government, Union and Village Councils, a comprehensive data base and information system for Tehsil Municipal Administration and provide public access to it on nominal charges; (l) propose taxes, cess, user fees, rates, rents, tools, charges, levies, tines and penalties under Part II of the Second Schedule for approval of the Tehsil Council and notify the same after such approval; (m) collect approved taxes, cess, user fees, rates, rents, tools, charges, fines and penalties; (n) Organize sports, cultural, recreational events, fair and shows; (o) coordinate and supports municipal functions amongst Unions and Villages; (p) regulate markets and‑ services and issue licenses, permits, grant permissions and impose penalties for violation thereof‑ as and where applicable; (q) manage properties, assets and funds vested in the Tehsil Municipal Administration and Tehsil Council; (r) develop and manage schemes, including site development in collaboration with District Government and Union Administration; (s) authorise an officer or officers to issue notice to a person committing any municipal offences and, initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice; (t) prosecute, sue and follow up criminal, civil and recovery proceedings against violators of municipal laws in the Courts of competent jurisdiction (u) maintain municipal records and archives; and (v) prepare financial statements and present, them for internal and external audit in the manner as may be prescribed. (2) The Tehsil Municipal Administration may, (a) assign or contract out, on such terms and conditions as are approved by the Tehsil Council and after inviting public objections, any of its functions to any public‑private, public or private organization; Provided that responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration. (b) on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council: Provided that no function or responsibility shall be transferred without allocation of corresponding resources and funds: Provided further that the responsibility to regulate and monitor such functions and services shall remain with the Tehsil Municipal Administration. (c) by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the District Government; (d) with funds raised through voluntary contributions or external grant, but without recourse to additional enhanced taxation, user charges or fees or recourse to any other sources of public funds and without incurring debt of any nature, undertake any development project; (e) with the approval of the Government and concerned regulatory authorities of the Federal Government and Provincial Government, set‑up, acquire, manage and operate any commercial activity on a self‑financing basis with no liability to the public exchequer; and (f) set‑up a corporate body to perform any of its functions, singly or jointly with other public or private bodies: Provided that responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration.