The NWFP Local Government (Fourth Amendment) Ordinance, 2001


NOTIFICATION.
5th December, 2001

.
No. Legis: I (18)/70-IX/8016-21—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:


THE NORTH-WEST FRONTIER PROVINCE LOCAL GOVERNMENT (FOURTH AMENDMENT) ORDINANCE, 2001.
N.-W.F.P. ORDINANCE NO. XXXV OF 2001.
AN
ORDINANCE

further to amend the North-West Frontier Province Local Government Ordinance, 2001.
WHEREAS it is expedient further to amend the North-West Frontier Province Local Government Ordinance 2001 (N. -W.F. P.  Ord.  No. XIV of 2001), for the purposes hereinafter appearing;
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to lake immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, as amended up-to-date, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1.               Short title and commencement. (1) This Ordinance may be called the North-West Frontier Province Local Government (Fourth Amendment) Ordinance, 2001.
(2)        It shall come into force at once.

  1. Amendment of sections 2 and 9 of N.-W.F.P.  Ord. No. XIV of 2001.— In the North-West Frontier Province Local Government Ordinance, 2001 (N.-W.F.P. Ord. XIV of 2001), hereinafter referred to as the said Ordinance, in section 2, in clause (xxxv) , and in section 9, in sub-section (1), after the words "City District", the words "or in a single Tehsil District" shall be inserted.
  2. Amendment of section 12 of N.-W.F.P. Ord. No. XIV of 2001.— In the said Ordinance, in section 12, in sub-section (2), the full-stop appearing at the end shall be replaced by a colon and thereafter the following proviso shall be inserted, namely:

"Provided that-
(i)         Government may, for a group of Union Councils, in a single Tehsil District, so notified in the Official Gazette, constitute a Town Council of the Union Councils so grouped lo perform the function of the Tehsil Council in the area within the jurisdiction of the group of the Union Councils;
(ii)        the Zilla Council shall set apart a portion of the Tehsil Local Fund, which shall not be less than 90% of the total share of the amount in lieu of octroi of the defunct Municipal Committees/Town Committees in the area, and 90% of the share of the Union Councils in the groups in the Tehsil Provincial Account liable to be allocated to the Tehsil Municipal Administration, for the notified group of Union Councils;
(iii)       one elected representative of the Naib Nazimeen shall perform, the functions of the Town Nazim for the area within the jurisdiction ofthegroup of the Union Councils as provided in Chapter V of this Ordinance, and the other-elected representative of Naib Nazimeen, out of a team of Naib Nazimeen, shall perform the functions of the Naib Tehsil Nazim as provided in Chapter VI of this Ordinance;
(iv)     whenever a Town Council is constituted and notified under (i) above, the Naib Nazimeen, in a meeting to be presided over by the Naib Nazim who is the eldest amongst such Naib Nazimeen, shall elect, by majority of votes, from amongst themselves, one Naib Nazim to act as Town Nazim, and another Naib Nazim to act as Convenor of the Council, and the Town Nazim so elected shall act as such, while the Convenor shall preside over at meetings of the Council; and
(v)      notwithstanding anything to the contrary contained in this Ordinance, all the rules and bye-laws applicable to Town Municipal Administration or a Town Council in a City District or to a Tehsil Municipal Administration or Tehsil Council, shall, mutatis mutandis, apply to the Town Municipal Administration and Town Council in a single Tehsil District.".
4.         Amendment of section 54 of N.-W.F.P. Ord. XIV of 2001.—In the said Ordinance, in section 54,—
                         (a)       in sub-section (1), for the word "The" occurring in the beginning, the words, bracket, figure and comma "Subject to sub-section (3), the" shall be substituted; and
                         (b)       after sub-section (2), the following new sub-section shall be added,
namely:
                         "(3) Notwithstanding anything contained in sub-sections (1) and (2), section 54 and 182, or any other provisions of any law for the time being in force, Government may, for the purposes of better co-­ordination, more organized management of developmental works, and more effective administrative and financial control of development authorities, water and sanitation agencies or boards, and solid waste management bodies, by notification in the Official Gazette, constitute a City Development and Municipal Department in a City District to undertake such functions and powers of the District Government or, as the case may be, Town Municipal Administration, as Government may, by notification in the Official Gazette, determine.".
5.         Amendment of section 109 of N.-W.F.P. Ord. XIV f 2001— In the said Ordinance, in section 109, for sub-section (4), (he following shall be substituted, namely:
                        "(4) The District Government shall transfer, by monthly instalments, from itsDistrict Provincial Account to the Local Fund of each Union Administration in its local area, an amount equivalent to 90% of the total Zilla tax grant for that District and the remaining 10% of the total Zilla tax grant for that District shall be transferred to the Local Fund of the Zilla Council of the District concerned.".
6.         Amendment of section 112 of N.-W.F.P. Ord, XIV of 2001. —In the said Ordinance, in section 112, in sub-section (2), between the words "ten weeks" and the words "present", the commas and words ",by such date as may be notified by Government which ever is later," shall be inserted and shall always be deemed to have been so inserted.
7.         Amendment of section 196 of N.-W.F.P. Ord. XIV of 2001.—In the said Ordinance, in section 196, for sub-section (2), the following shall be substituted, namely:
            "(2) Notwithstanding the repeal of the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. IV of 1979), and the North-West Frontier Province Local Government Elections Ordinance, 2000 (N.-W.F.P. Ord. VI of 2000), and dissolution of all Metropolitan Corporations, Municipal Corporations, District Councils, Municipal Committees and Union Council created under the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. No. IV of 1979), repealed under sub-section (1), subject to sections 4 and 23 of the West Pakistan General Clauses Act, 1956 (.W.P. Act VI of 1956),—

  1. all rules, regulations and bye-laws made under the said repealed Ordinance of 1979; and
  2. the rules made under the said repealed Ordinance of 2000,

so far those are not inconsistent with the provisions of this Ordinance, shall continue to be in force in the former case and shall stand revived and be deemed to have been so revived with effect from the 13th day of August, 2000, in the latter case, and shall continue in force, until amended or varied by the competent authority:
Provided that until otherwise decided by the Government, the Local Government Boards established under the North-West Frontier Province Local Government Ordinance, 1979 (N.-W.F.P. Ord. IV of 1979), for the administration of officers and officials of the Local Council service shall continue to function.".
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