Punjab Tehsil Town Administration Rules of Business

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    38. Ch!!el o& #orre'-o!"e!#e%

    TE4T

    5SO67L.89:;

    [15thMarch, 2002]

    PART A:.ENERAL

    =% Short title !" #o$$e!#e$e!t%: (1)These rules may be called the Punjab Tehsil/TownMunicipal Administration Rules of Business !""!#

    (!) They shall come into force at once#

    2% De&i!itio!'%: (1) $n these rules unless the subject or conte%t otherwise re&uires#'

    (i) b)'i!e'' means all wor* done by the Tehsil/Town Municipal Administration inpursuance of the pro+isions of the Punjab ,ocal -o+ernment .rdinance !""1 ($$$

    of !""1) and these rules0(ii) be:l' mean the bye'laws made by Tehsil/Town ouncil under section 12! of

    the Punjab ,ocal -o+ernment .rdinance !""1 ($$$ of !""1)0

    (iii) #'e means a particular matter under consideration and includes all papersrelatin3 to it and necessary to enable the matter to be disposed of +i4#correspondence and notes and also any pre+ious papers on the subject or subjectsco+ered by it or connected therewith0

    (i+) Chie& O&&i#er means the officer inchar3e of the establishments pro+idin3municipal ser+ices in a former municipal corporation municipal committee or towncommittee area under the repealed Punjab ,ocal -o+ernment .rdinance 12520

    (+) Chie& O&&i#er1' U!it or Co U!it means a defunct Tehsil/ Town ommittee orMunicipal orporation established under the repealed Punjab ,ocal -o+ernment.rdinance 1252 whose administrati+e set up has been *ept intact under thepro+isions of the Punjab ,ocal -o+ernment .rdinance !""1 ($$$ of !""1)0

    (+i) Co)!#il means the Tehsil/Town ouncil of the Tehsil/Town concerned0

    (+ii) De#e!trli+e or ?De#e!trli+e" means conferment by the -o+ernment under thePunjab ,ocal -o+ernment .rdinance# !""1 ($$$ of !""1) of its administrati+e andfinancial authority for the mana3ement of specified offices of the Pro+incial-o+ernment to the local 3o+ernments0

    (+iii) Di'tri#t .oer!$e!t means a district 3o+ernment consistin3 of 6ila 7a4im and8istrict Administration as pro+ided in 9ection 1: of the Punjab ,ocal -o+ernment.rdinance !""1 ($$$ of !""1) and includes ity 8istrict -o+ernment0

    (i%) .oer!$e!t means the -o+ernment of the Punjab 1,-;R8 8epartment0

    (%) Lo#l F)!" means a fund established under 9ection 1"5 of the Punjab ,ocal-o+ernment .rdinance !""1 ($$$ of !""1)0

    (%i) Lo#l T means a ta% le+ied by Tehsil/Town ouncil under section 11< of thePunjab ,ocal -o+ernment .rdinance0 !""1 ($$$ of !""1)0

    (%ii) Or"i!!#e means the Punjab ,ocal -o+ernment .rdinance !""1 ($$$ of !""1)0

    (%iii) Proi!#il Lo#l .oer!$e!t Co$$i''io! means a ommission appointed bythe -o+ernment under section 1:1 of the Punjab ,ocal -o+ernment .rdinance!""1 ($$$ of !""1)0

    (%i+) P)(li# re-re'e!ttie means an elected person to a political office0

    (%+) Teh'il/To! O&&i#e' mean offices mentioned in 9chedule'$ to these rules0

    (%+i) Teh'il/To! Co)!#il shall ha+e the same meanin3 as is assi3ned to it in section

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    .fficers hief .fficers and other officials of ,ocal ouncil 9er+ice and officials ofthe offices entrusted to the Tehsil/Town Municipal Administration as defined insections >2 and =" of the Punjab ,ocal -o+ernments .rdinance !""1 ($$$ of!""1)0

    (%+iii) Teh'il/To! M)!i#i-l O&&i#er means an .fficer inchar3e Tehsil/Town offices

    appointed under the Punjab ,ocal -o+ernment .rdinance !""1($$$ of !""1)0 and

    (%i%) Teh'il/To! N+i$ shall ha+e the same meanin3 as is assi3ned to it in hapter'?of the Punjab ,ocal -o+ernment .rdinance !""1 ($$$ of !""1)#

    (!) @ords and e%pressions used but not defined in these rules shall ha+e the samemeanin3s as are assi3ned to them under the Punjab ,ocal -o+ernment .rdinance !""1 ($$$ of!""1)#

    ) The duty lists shall be re+iewed by the Tehsil/Town .fficer and the hief .fficer onyearly basis for identifyin3 redundant Cobs in the office concerned and issue re+ised lists ifdeemed necessary# The Tehsil/Town .fficer or the hief .fficer on the basis of the re+iew carriedout under sub'rule (>) may recommend reduction of posts or otherwise in the annual bud3et ofhis office#

    (=) $f in the opinion of the Tehsil/Town .fficer or the hief .fficer new posts arere&uired in an office under his jurisdiction he shall submit a detailed justification for creation ofsuch new posts alon3 with the bud3et proposal#

    (

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    post of the Tehsil/Town .fficer or the hief .fficer to any other Tehsil/Town .fficer or the hief.fficer as the case may be#

    9% F)!#tio!' !" Poer' o& the Teh'il/To! N+i$%: (1) The Tehsil/Town 7a4im shall'

    (a) be the head of Tehsil/Town Municipal Administration and shall perform such

    functions and e%ercise such powers as ha+e been assi3ned to him under the.rdinance and these rules0

    (b) be responsible for co'ordination of all policy matters0

    (c) ha+e the powers to call for any case or information from any Tehsil/Town .ffice0

    (d) *eep informed the 8istrict -o+ernment on matters related to local ta%ation0

    (e) furnish such information relatin3 to administration of affairs of Tehsil/Town as the-o+ernment and 8istrict -o+ernment may call for0

    (f) communicate to the -o+ernment all important issues includin3 administrationde+elopment plannin3 and ta%ation0 and

    (3) enforce the policies of the -o+ernment#

    (!) 7o order shall be issued without the appro+al of the Tehsil/Town 7a4im in casesenumerated in 9chedule'$$#

    (:) The cases enumerated in 9chedule'$$$ shall be submitted to the Tehsil/Town7a4im for his information# The Tehsil/Town 7a4im may re&uire any other case to be submitted tohim for information#

    (>) 8ecisions ta*en by the Tehsil/Town 7a4im shall not be +aried re+ersed orinfrin3ed without consultin3 him#

    (=) The Tehsil/Town 7a4im shall ensure that the business of the Tehsil/Town

    Municipal Administration is carried out in accordance with the pro+isions of the .rdinance andother laws for the time bein3 in force#

    (

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    (d) submit all proposals for ta%ation find the bye'laws to the Tehsil/Town ouncilthrou3h the Tehsil/Town Municipal .fficer and Tehsil/Town 7a4im0 pro+ided theta%ation proposals shall be scrutini4ed by the Tehsil/Town .fficer (Einance) beforesubmission to Tehsil/Town Municipal .fficer and Tehsil/Town 7a4im0

    (e) be responsible to the Tehsil/Town Municipal .fficer for the proper conduct of the

    business of the Tehsil/Town .fficeD

    (f) subject to any 3eneral or special order of -o+ernment in this behalf issue standin3orders specifyin3 the cases or other classes of cases which may be disposed of byan officer subordinate to the Tehsil/Town .fficer0 and

    (3) be responsible for the careful obser+ance of these rules in Tehsil/Town .fficesunder his control#

    (!) @hile submittin3 a case for the orders of the Tehsil/Town 7a4im or Tehsil/TownMunicipal .fficer it shall be duty of the Telisil/Town .fficer to su33est a definite line of action#

    % .e!erl -ro#e")re &or "i'-o'l o& ()'i!e''%: (1) $nstructions as to the manner of

    disposal of the business of the Tehsil/Town Administration shall be issued by the Tehsil/TownMunicipal .fficer with the appro+al of Tehsil/Town 7a4im#

    (!) $f any doubt arises as to the Tehsil/Town .ffice to which a case properly pertainsthe matter shall be referred to the Tehsil/Town Municipal .fficer who with the appro+al of theTehsil/Town 7a4im shall refer the case to the -o+ernment and the orders thus passed shall befinal#

    (:) All orders shall be made in writin3# @here a +erbal order is made the officerrecei+in3 the order shall reduce it in writin3 and as soon as may be show it to the authorityma*in3 the order#

    (>) $f any order contra+enes any law rule or policy decision it shall be the duty of the

    officer ne%t below the officer ma*in3 such order to point it out to the officer ma*in3 the order andthe latter shall refer the case to the ne%t hi3her authority#

    (=) $f any doubt or dispute arises as to the interpretation of these rules the case shallbe referred to the -o+ernment whose decision thereon shall be final#

    % Or"er', I!'tr)$e!t', A*ree$e!t' !" Co!tr#t'%: (1) All e%ecuti+e actions of theTehsil/Town Municipal Administration shall be e%pressed to be ta*en in the name of theTehsil/Town Municipal Administration#

    (!) 9ubject to the pro+isions of the .rdinance and the rules framed thereunder e+eryorder instrument a3reement or contract of the Tehsil/Town Municipal Administration shall bee%pressed to be made in the name of the Tehsil/Town Municipal Administration and shall be

    e%ecuted by the Tehsil/Town 7a4im or an officer duly authori4ed by him for this purpose#

    (:) The Tehsil/Town Municipal .fficer shall si3n the notifications on behalf of theTehsil/Town Municipal Administration for publication in the official -a4ette

    PART B:OFFICE PROCEDURE

    =0% Co!')lttio! $o!* o&&i#e'%: (1) @hen the subject of a case concerns more than oneoffice'

    (a) the Tehsil/Town .fficer concerned or the hief .fficer shall be responsible forconsultin3 the other offices0 and

    (b) no orders shall be issued nor shall the case be submitted to the Tehsil/Town 7a4imuntil it has been considered by all the offices concernedD

    Pro+ided that in cases of ur3ency and with the appro+al of the Tehsil/Town 7a4imthis re&uirement may be dispensed with but the case shall at the earliestopportunity thereafter be brou3ht to the notice of the other office concerned inwritin3#

    (!) @hen a case is referred by one office to another office for consultation all rele+antfacts and the points necessitatin3 the reference shall be clearly brou3ht out#

    (:) $n the e+ent of difference of opinion amon3st the offices the Tehsil/Town .fficer orthe hief .fficer primarily concerned shall refer the case to the %ecuti+e ommittee constituted

    under rule 1>#

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    (=) $n the e+ent of a difference of opinion on any issue amon3st the members of the%ecuti+e ommittee the case shall be submitted to the Tehsil/Town 7a4im throu3h the Tehsil/Town Municipal .fficer#

    =9% M!!er o& ')($i''io! o& #'e'%: (1) @hen a case is re&uired to be submitted to theTehsil/Town Municipal .fficer it shall be the responsibility of the Tehsil/Town .fficer or the hief

    .fficer concerned to ensure that all rele+ant papers references and e%tracts of the laws and rulesare submitted alon3 with the case for &uic* disposal#

    (!) $n his note the Tehsil/Town .fficer or the hief .fficer concerned shall certify thatall the rele+ant papers re&uired for the disposal of the case ha+e been submitted#

    (:) All files and records shall be *ept and maintained by the Tehsil .ffice or hief.fficer unit concerned in the prescribed manner#

    (>) Any officer who notices that tamperin3 of records has been made by his staff orcollea3ue he shall brin3 it to the notice of the Tehsil/Town Municipal .fficer for an appropriateaction a3ainst the accused#

    (=) 7o pa3e of the file either of the note portion or of the correspondence portion shallbe remo+ed#

    () The Tehsil/Town .fficer and the hief .fficer shall be responsible to ensure thatciti4ens do not face any incon+enience#

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    Cte*or o& o&&i#er'/o&&i#il' A)thorit

    (i) B9'2 and abo+e Tehsil/ Town 7a4im

    (e%cept T.s/.s)

    (ii) B9'F and below Tehsil/Town Municipal

    (e%cept T.s/.s) .fficer

    (!) The Tehsil/Town 7a4im or the Tehsil/Town Municipal .fficer may by order inwritin3 dele3ate the powers +estin3 in him under this rule to any officer of the Tehsil/TownMunicipal Administration to the e%tent and subject to such terms and conditions as may bespecified in such order and may in the same manner alter modify or withdraw such dele3atedpowers#

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    PART D:M=SCELLANEOUS PRO6ISIONS

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    SCHEDULE I

    7See R)le # nforcement of all municipal laws rules and byelaws 3o+ernin3 thefunctionin3 of Tehsil/Town Municipal Administration0

    =# Pre+ention of encroachments on public lands and places0

    # oordinate and support municipal functions amon3st nions and?illa3es#

    Plannin3 1# Prepare spatial plans for the tehsil/town in collaboration with nion

    Administrations includin3 plans for land use 4onin3 and functions

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    for which tehsil/town administration is responsible0

    !# %ercise control o+er land use land sub'di+ision land de+elopmentand 4onin3 by public and pri+ate sectors for any purpose includin3a3riculture industry commerce mar*ets shoppin3 and other

    employment centers residential recreation par*s entertainmentpassen3er and transport frei3ht and transit stations0

    :# Buildin3 control0

    ># %ecute and mana3e de+elopment plans0

    =# 8e+elop and mana3e schemes includin3 site de+elopment incollaboration with 8istrict -o+ernment and nion Administrations0

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    SCHEDULE II

    7Se#% R)le 97288

    ,ist of cases to be submitted to the Tehsil/Town 7a4im for his appro+al before issuance of orders#

    1# Annual Bud3et 9tatement#

    !# ,ayin3 of 9upplementary 9tatement of e%penditure before the Tehsil/Town ouncil#

    :# ases in which Pro+incial -o+ernment has issued directions#

    ># omplaints to the Pro+incial ,ocal -o+ernment ommission about dispute betweenany department of the -o+ernment 8istrict -o+ernment/ity 8istrict -o+ernmentand Tehsil/Town Municipal Administration or between two Tehsil/Town Municipal

    Administrations#

    =# All cases which are liable to in+ol+e Tehsil/Town Municipal Administration intocontro+ersy with Pro+incial -o+ernment 8istrict -o+ernment/ity 8istrict-o+ernment or with another Tehsil/Town Municipal Administration#

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    SCHEDULE III

    See R)le 9 7

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    THE PUNJAB TEHSIL/TOWN MUNICIPAL ADMINISTRATION RULESOF BUSINESS, 2002

    5SO67L.89:;

    [5th

    December, 2005]

    CONTENTS

    =% A$e!"$e!t

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    TE4T

    THE PUNJAB TEHSIL/TOWN MUNICIPAL ADMINISTRATION RULES OF BUSINESS, 2002

    AMENDMENT@

    1# $n clause ($) of sub'rule () of rule I ! after the word Punjab the words $n,-;R8 8epartment shall be inserted#

    !# lause (d) of rule < shall be substituted by the followin3#'

    where the Tehsil/Town 7a4imGs orders appear to in+ol+e a departure from rulesre3ulations or -o+ernment policy refer the case to the -o+ernment for decision0 and#

    3. $n sub'rule (=) of rule'1" the word he shall resubmit the case to the Tehsil/Town 7a4improposin3 proper line of action and for reconsideration shall be substituted by the words he shallrefer the case to the -o+ernment for decision#

    4. $n sub'rule (!) of rule I := the words Accounts .fficer shall be substituted by thewords Tehsil/Town .fficer (Einance)#

    =# 9ub'rule (1) of rule I :F shall be substituted by the followin3D'

    orrespondence with the 8istrict/ity 8istrict -o+ernment or any other Tehsil /TownMunicipal Administration shall be conducted by the Tehsil/Town Municipal .fficer and it shall beaddressed to the 8istrict oordination .fficer or the Tehsil/Town Municipal .fficer as the casemay be# The correspondence with the Pro+incial 8epartments shall be routed thou3h the-o+ernment#

    6. After rule I :5 followin3 new rule I :F shall be inserted and e%istin3 rule':F shall be re'numbered as rule':2D'

    $n case of any financial loss duly +erified by the Audit authorities the concerned .fficerGs /.fficialGs shall be held responsible and the -o+ernment shall pass an order to reco+er suchamount# $n case of failure to deposit the amount the -o+ernment shall pass an order to reco+ersuch amount as arrears of land under ,and Re+enue Act 12