Local Government Property Rules,2003 1f3m1m
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Local Governments (Property) Rules, 2003
344
GOVERNMENT OF THE PUNJAB LOCAL GOVERNMENT & RURAL DEVELOPMENT DEPARTMENT Dated Lahore, the 21st October, 2002. NOTIFICATION No.SOV(LG)5-54/03.In exercise of the powers conferred upon him under Section 191(1) of the Punjab Local Government Ordinance, 2001 (XIII of 2001), the Governor of the Punjab is pleased to make the following Rules:-
CHAPTER-I PRELIMINARY 1. Short title and commencement.- (1) These Rules may be called the Punjab Local Government (Property) Rules, 2003. (2)
They shall come into force at once.
2. Definitions.- (1) In these rules unless the subject or context otherwise requires (i)
“Committee” means the Committee constituted under rule 8 for the purposes of identification and auction of Redundant/ Encroached Property;
(ii)
“Manager” means a person prescribed in the Rules of Business of the Tehsil/Town Municipal istration and District Government responsible for the istration, control, management and maintenance of the Property: Provided that in case of Union istration, Union Nazim shall be the Manager of the Property;
(iii) “Ordinance” means the Punjab Local Government Ordinance, 2001 (XIII of 2001). (iv)
“Property” means the Property as specified in Chapter-XIII of the Ordinance; and
(v)
“Redundant/Encroached Property” means the Property declared by the Government as Redundant/Encroached.
(2) Words and expressions used herein, but not defined in these Rules shall have the same meanings as are assigned to them in the Ordinance.
Local Governments (Property) Rules, 2003
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CHAPTER-II MANAGEMENT AND MAINTENANCE OF PROPERTY 3. Management of Property.- The Local Government concerned, with approval of its Council, shall take such steps as may be necessary to ensure that the Property vested in the District Government, Tehsil/Town and Union istration respectively is managed and maintained in the best interest of the public for the purposes of the Ordinance. 4.
Responsibilities of the Manager.- The Manager shall (a)
take as much care of the Property entrusted to him as a man of ordinary prudence would, under similar circumstances, take of his own property of like nature;
(b)
ister the property as a trust used to the maximum benefit of the public;
(c)
take steps to ensure that Property meant for use of public is actually
(d)
ensure that the rented Property fetches the maximum rent;
(e)
prevent the impairment of the value and utility of the rented Property;
(f)
prevent the use of Property for any purpose and in any manner other than specified;
(g)
take necessary steps for repair of all buildings under his management and control;
(h)
keep all title deeds and other documents, relating to the Property with duplicate copies of such title deeds and other documents, in safe custody;
(i)
have the boundaries of lands of the Local Government demarcated;
(j)
ensure the maintenance of prescribed s;
(k)
be vigilant about and to check encroachments or wrongful occupations on Property and in case there is any encroachment or wrongful occupation take necessary steps for the removal thereof; and
(1)
prevent the Property against nuisance, damage or misuse;
(2) The Manager shall be responsible to the Local Government for any loss, destruction or deterioration of the Property, if such a loss, destruction or
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Local Governments (Property) Rules, 2003
deterioration occurs as a result of his default or negligence in discharge of his responsibility. (3) Notwithstanding any thing contained in sub rule (1), the overall responsibility for the proper management and maintenance of the property shall remain with the concerned Local Government. 5. Maintenance of Property.- (1) In case any difficulty arises in the maintenance of Property, the Manager shall immediately report the matter to the concerned Council. The Authority concerned of the Council shall within a week of the receipt of such intimation call the meeting of the Council and place the matter before it for further decision. (2) The following s shall be maintained in prescribed form by the concerned officer of the Local Government. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28)
of Immovable Property. of Nazul Property. Rent Demand and Collection . Arrears Demand and Collection . of Public Roads and Streets. of Encroachments. of unauthorized occupants of land or building(s) Building maintenance . Roads and streets maintenance . Agricultural lands . of road side trees. of trees and land of local council. of fruit bearing trees. of movable Property. of furniture. of vehicles. Sale of goods . District . of light points and lamp posts. of water stand posts. Library containing the detail of books. Library books issue . Newspapers . Postage stamp . Purchase of goods . of all kinds machinery. of animals.
P-I P-II P-III P-IV P-V P-VI P-VII P-VIII P-IX P-X P-XI P-XII P-XIII P-XIV P-XV P-XVI P-XVIl P-XVIII P-XIX P-XX P-XXI P-XXII P-XXIII P-XXIV P-XXV P-XXVI P-XXVII P-XXVIII
Local Governments (Property) Rules, 2003
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(29) of parks and play grounds. P-XXIX (30) of Community Centers and other public places. P-XXX (31) Any other prescribed by the Government or specified by the concerned Local Government. 6. Map of the Local Area.- (1) The Local Government may maintain a map or maps of its local area showing, among other things, the immovable Property vested in it. (2) A copy of each map or maps may be kept at the office of the Local Government for inspection by the Public during office hours. 7. Verification and Stock Taking of Property.- (1) The Manager, in the month of July each year shall (a)
take stock of the movable Property under his charge;
(b)
the immovable Property under his charge;
(c)
submit a report to the concerned Council showing the result of such stock taking and verification including: (i) particulars of unserviceable articles; (ii)
losses and wastage if any;
(iii) cases of defalcation of s or misappropriation of Property, if any; and (iv)
proposal for development and improvement, if any.
(2) Every Zila Nazim, Tehsil Nazim/Town Nazim and Union Nazim shall, on assumption of his office and thereafter, once in every year on a date fixed by him, take the physical stock of movable and immovable Property of the concerned Local Government and submit a report to the concerned Council, in accordance with Section 123 of the Ordinance.
CHAPTER-III ENCROACHMENTS AND REDUNDANT PROPERTY 8. Committee for Identification of Redundant/Encroached Property.- (1) The following Committee shall be constituted to identify, prepare and send report to the Government and dispose of the Redundant/Encroached Property. Sr. No. 1. 2. 3. 4. 5.
Designation Zila Nazim. Executive District Officer (Revenue). Executive District Officer (F&P). Deputy District Officer (Revenue) concerned. Tehsil/Town Nazim concerned.
Status Chairman Secretary Member Member Member
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Local Governments (Property) Rules, 2003 6.
Tehsil Municipal Officer concerned.
Member
(2) The Committee shall send its report to the Government in the form of Schedule-l, requesting the Government to declare the Property as Redundant or Encroached, as the case may be, and grant of permission for its disposal. (3) The Government may declare the Property as Redundant/ Encroached, as the case may be, and accord permission for its disposal: Provided that the Government shall give due regard to the master plan of the concerned city or town, as the case may be, while declaring Property as Redundant/ Encroached 9. Procedure for auction of Redundant/Encroached Property.- (1) The Property shall be auctioned only after its having been declared Redundant/ Encroached Property and grant of permission for its disposal. (2)
The following procedure shall be adopted for its auction:(a) the auction shall be made only through open auction; (b)
for the conduct of an auction, besides local means, a public notice in not less than two national daily newspapers and at least seven days before the date fixed for auction shall be given by the Local Government, through the office of Director General, Public Relations, Punjab;
(c)
the notice shall contain the date, time and place of auction and specify the and conditions for participation in the auction;
(d)
the public notice shall reflect the Khasra numbers of the Property to avoid any complication;
(e)
the plots or portions carved out for the purpose of auction shall be of appropriate size and shall be demarcated at site before auction in such a way that the bidders are aware of the actual position of the plots or portions;
(f)
the auction shall be held as far as possible at the place of the situation of the Redundant/Encroached Property or at the place nearest to it;
(g)
the auction price shall not be less than the price assessed by the District Price Assessment Committee, constituted under relevant rules/procedure prescribed by Board of Revenue, Punjab;
(h)
before the start of auction, all bidders shall deposit two percent as earnest money of the official reserve price;
Local Governments (Property) Rules, 2003
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(i)
the earnest money deposited shall be refunded forthwith to the person depositing it, if the Government does not accept the bid. Where the bid is accepted the deposit shall be adjusted against the bid price of the Property. In case of successful bid, the bidder shall deposit the balance bid price within a period of fourteen days starting from date of confirmation of bid otherwise the earnest money shall stand forfeited and a fresh auction shall take place;
(j)
the plots shall be d for auction only after clearance of all encumbrances; and
(k)
the auction shall be subject to the concurrence of the Council and final approval of the Government.
(3) No immovable Property of a Local Government, other than declared Encroached/Redundant as herein before provided, shall be sold. 10. Right of Legal Occupants.- The legal occupant shall be allowed the right of first refusal of the highest bid. 11. Approval of Auction.- The recommendations of Committee shall be placed before the concerned Council and in case of its concurrence, the same shall be forwarded along with resolution of the Council to the Government for its final approval: Provided that the Government may approve the bid, cancel it or order fresh auction. 12. Utilization of proceeds of auction.- (1) Funds accruing from such auction shall be kept in a separate in accordance with the provisions of the Ordinance relevant rules and instructions of Government. (2) The amount received from such auction/sale shall be utilized exclusively for development projects by the concerned Local Government and no part thereof shall be apportioned for non-development expenditures like salary, or purchase of vehicles or office equipments, etc.
CHAPTER-IV DISPOSAL OF MOVABLE PROPERTY 13. Unserviceable articles.- (1) The District Nazim, Tehsil/Town Nazim and Union Nazim, as the case may be, may declare any movable Property, including stationery, furniture and fixture and the utensils, vesting in the concerned Council, as unserviceable: Provided, that the vehicles, machinery, electric utensils can only be declared as unserviceable upon the recommendation of a duly approved Government engineer or engineering concern.
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Local Governments (Property) Rules, 2003
(2) Any movable Property which has been declared as unserviceable shall be disposed of by the concerned Local Government through open auction in the manner and to the extent as prescribed in Schedule-II. (3) A list of the Property sold or disposed of under sub-rule (2) shall be placed before the Local Government concerned, from time to time for information. 14. Writing off the unserviceable articles and losses.- All the articles declared unserviceable under sub -rule (1) of rule 13 and the loss of Property reported by the Nazim concerned shall be written off by the authority as mentioned in Schedule-II 15. Acquisition of Property.- (1) Whenever any land or other immovable Property is required by a Local Government for any purpose mentioned in the Ordinance, the concerned District Nazim, Tehsil/Town Nazim and Union Nazim, as the case may be, may take such steps as may be necessary to acquire the same by an agreement with the owner on behalf of the council after inviting quotations through the Press and subject to other conditions as provided in the Punjab Local Government (Contract) Rules, 2003. (2) If any land or other immovable Property cannot be acquired by an agreement under sub-rule (1) the Local Government may move for the acquisition of such property under the relevant law.
CHAPTER-V MISCELLANEOUS 16. Lease of immovable property.- (1) The immovable Property may be leased out in a manner prescribed as under (a) the immovable Property shall be given on lease through competitive bidding. The procedure prescribed in sub rule (2) of rule 9, shall be followed, mutatus mutandis, in case of lease of the Property: Provided that for the lease of Nazul lands vesting in the Local Government, policy of the Government for leasing of these lands shall be followed; (b)
the period of such lease shall be up to five years at a time; and
(c) the legal occupant shall be allowed the right of first refusal of the highest bid. 17. Repeal.- The Punjab Local Councils (Property) Rules, 1981 are hereby repealed. ---------------
Local Governments (Property) Rules, 2003
346
SCHEDULE – I (See Rule – 8) LIST OF REDUNDANT / ENCROACHED PROPERTIES TO BE SOLD OUT BY THE LOCAL GOVERNMENT Sr. No
Description of the property
Location of the property
Total area of the Property (K-M-Ft.)
Name & Address of the occupant
Nature of usecommercial/ Residential
Litigation if any, with present position
Whether the ownership is disputed, if so, give details
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SCHEDULE – II (See rule – 14) POWERS OF LOCAL GOVERNMENT FOR THE DISPOSAL / WRITING OFF PROPERTIES DECLARED AS UNSERVICEABLE S. #
Category of Local Government
Value of the unserviceable articles / losses which can be allowed to be auctioned On his own authority
With the approval of the Council
1.
Zila Nazim (City District Govt.)
Rs. 20,000/-
Unlimited
2.
Zila Nazim (Distt: District Govt.)
Rs. 15,000/-
Unlimited
3.
Tehsil/Town Nazim (TMA)
Rs. 10,000/-
Unlimited
4.
Union Nazim (Union istration)
Rs. 5,000/-
Unlimited
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Local Governments (Property) Rules, 2003
FORM P-I of Immovable Property Sr. No.
Description and situation of property
Date & Mode of acquisition
Price paid
Additions made
Purpose for which used
Present valuation
Initials of Manager or Nazim
FORM P-II of Nazul Property Sr. No.
Description and situation of property
Area
Government order transferring the property to the Local Council
Purpose for which transferred
Purpose for which utilized
Present valuation
Initials of Manager or Nazim
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349
FORM P-III Rent Demand and Collection S. #
Description and situation of property
Name and address of the lessee
Name and Date of the agreement with lease the lessee
Period of lease
Total demand Dated _____________ Amount
Recipt
Balance
Amount received
FORM P-IV Arrears Demand and Collection S. #
Description and situation of property
Name and address of the person against whom the arrear is declared
Amount declared as arrear
Other charges
Total demand to recover as arrears
Date
Amnt
Rec.
Bal.
Action taken
Amount recovered
Date
Amnt
Rec.
Bal.
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Local Governments (Property) Rules, 2003
FORM P-V for Public Roads and Streets
S. #
Name of the Street
Description and situation of the street
Date and declara tion as public street
Length of the street
Widt h of the street
Expendiutre on maintenance No. of trees
No. of light points
Filth deposits
Water stand posts
Nature of work exeuted
Date
Amount
FORM P-VI for Encroachments S. #
Description and situation of the encroachments
Name and address of the person making the encroachment
Area encroached upon
Action taken
If the encroachment is regularized No. and date fo the licence and fee levied
If the encroachment is not regularized action taken for its removable
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351
FORM P-VII Reoitter of Unauthorized Occupanyts of Land or Buildinhgs S. #
Description and situation of the property under unauthorized occupation
Nature of authorized occupation
Name and address of the person in unauthorized occupation
Action taken to regularize or vacate the unauthorized occuption
FORM P-VIII Buildings Maintenance S. #
Description and situation of the building
Staff employed for maintenance with their cost
Nature of the repair works executed
Amount
Date
General condition of the building
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Local Governments (Property) Rules, 2003
FORM P-IX Roads and Streets Maintenance S. #
Particulars of the road of public street
Length of the road
Staff employed for maintenance with their cost
Nature of the repair works executed
Amount
Date
General condition of the road
FORM P-X Agricultural Land S. #
Description and situration of the agricultural land
Area and other particulars
If leased the name and address of the lessee
Nature of Cultivation
Expenditure
Income
Remakrs
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353
FORM P-XI of Roadside Trees S. #
Name of the road and street
No. of the trees
Situation of the tree
Nature of the tree
Girth of th tree
Age of the tree
Remakrs
FORM P-XII of Trees Land of Local Council S. #
Description of the land and building
No. of the trees
Situation of the tree
Nature of the tree
Girth of th tree
Age of the tree
Other particulars
Remarks
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Local Governments (Property) Rules, 2003
FORM P-XIII Fruit Bearing Trees S. #
Location of the tree
Number
Girth
Age
Nature of the fruit
Fruit bearing capacity of the tree
Fruit how disposed
Income realized
Remarks
FORM P-XIV of Movable Property S. #
Description of Property
Number
Date of purchase
Price
Manner of use
Disposal
Date of disposal
Priced fetched if sold
Remakrs
Local Governments (Property) Rules, 2003
355
FORM P-XV of Furniture S. #
Name of the Department
Branch
Section
Type of furniture
Date of purchase
Price
No. of pieces
Official responsible for custody
Remakrs
FORM P-XVI of Vehicles S. #
Description of vehicles
Date of purchase
Price
Use to which it is put
Official responsibility for custody
Repairs Date
Changes
Movemnets Date
Distance
Covered
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Local Governments (Property) Rules, 2003
FORM P-XVII Sale of Goods S. #
Goods sold
Date
To whom sold
Sale price
Receipt No.
Original cost price
Remakrs
FORM P-XVIII Distraint S. #
Description of the property attched or detrained
Particlars of the demand against which the property has been attached or detrained
Amount of the demand
Name and address of the owner of the property, the property attached or detrained
Manner of disposal of property
Amount fetched
Refund to the owner
Local Governments (Property) Rules, 2003
357
FORM P-XIX of Light Points and Lamp Post S. #
Description of the light point or lamp
Location
Power
House of Light Date
Hours
Cost of maintenance
Repair and replacement
Expendiutre
Remakrs
FORM P-XX of Water Stand Points S. #
Description of the water stand point or water connection
Location
Capacity
Consumption of water
Cost
Repairs and replacement
Expenditure
Remarks
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Local Governments (Property) Rules, 2003
FORM P-XXI Stock for Expenditure Stores Stock Date
Stock
Price
ISSUE Voucher No.
Dated
To whom issued
BALANCE
Purpose for which issued , initla of the officials receiving the stock
Date
Balance
Initials of the officials issuing stock
FORM P-XXII Library S. #
Name of the book
Name of the author
Date of purchase
From whom purchased
Price
Voucher No.
Remarks
Local Governments (Property) Rules, 2003
359
FORM P-XXIII Library Books Issue S. #
Name of the Book and Author
Whom issued
Library Order No. of the person to whom issued
Date of issue
Date of return
If lost, the amount recovered
Remarks
Is sold price fetched
Date and Receipt No.
FORM P-XXIV Library Books Issue S. #
Name of the Newspaper
No. of copies
From whom purchased
Cost
Voucher No. & Date
Purpose for which used
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Local Governments (Property) Rules, 2003
FORM P-XXV Postage Stamp S. #
Stock Date
Denomination of stamps
No.
Use value
Date
Manner of use
Initials of the official
Balance Date
Bal.
Remarks
FORM P-XXVI Purchase of Goods Sr. #
Data
Quantity purchased
From whom purchasd
Price aid
Voucher No.
Distribution of goods
Remarks
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361
FORM P-XXVII of Machinery S. #
Description of machinery
Date of purchase
Price
Use to which it is put
Official responsible Date
Remarks
Charges
FORM P-XXVIII of Animals S. #
Description of the animal
Date of purchase
Price
Age
Cost of Mainatenance Date
Amount
Disposal Date
Amount
Remakrs
362
Local Governments (Property) Rules, 2003
FORM P-XXIX of Losses Sr. #
Particulars of the loss
Amount of the loss
Person responsible for the loss
Action taken to recover the loss
Amount recovered with Receipt No.
,GOVERNMENT OF THE PUNJAB LOCAL GOVERN MEN"'" & RURAL DEVELOPMENT DEPAR"rMENT
Dated lahore, the 26" 1 August, 2005.
NOTIFICATION
)5-54/2003. In exercise of the powers conferred upon him under '(1) of section 191 of the Punjab Local Government Ordinance,
or 2001), the Governor of the Punjab is pleased to direct that in the I Government (Properly) Rules, 2003, the following amendments' e, namely-
AMENDMENTS ,In rule 15, in sub-rule (1), the words "after inviting Quotations
·~~through
the Press and" occurring after the word "council" and
.l before the word "subject" shall be omitted.
..
~
.
In rule 16, in sub-rule (1)in clause (a), at the .end, the word "and" shall be inserted; Clause (b) shall be omitted; and the existlnq clause (c) shall be re-Ietteredas (b).
NAGUIB ULLAH MALIK SECRETARY LG&RD DEPARTMENT
"~copy is forwarded for information and necessary action to: etarv, Prime Minister's Secretariat, National Reconstruction .... dU, Islamabad. .:The Principal Secretary to Governor Punjab. Principal Secretary to Chief" Minister, Punjab. Chief Secretary/Additional Chief Secretarv, Punjab. istrative Secretaries in the Punjab. District Coordination Officers in the Punjab. TehsiljTown Municipal Officers in the Punjab.. Director General (Inspection), LG&RD Department. Director General, Rural Development Department. Provincial Director, Local Fund Audit, Lahore. . Secretary, Punjab Local Government Board, Lahore. "';J'he Director, Punjab Local Government Academy, tala Mousa. u erintendent Government Printin Press Pun "ab Lahore for i ali n ill the next extra ordinatv gazette and supply 200 copies tor offi "a use. . j
344
GOVERNMENT OF THE PUNJAB LOCAL GOVERNMENT & RURAL DEVELOPMENT DEPARTMENT Dated Lahore, the 21st October, 2002. NOTIFICATION No.SOV(LG)5-54/03.In exercise of the powers conferred upon him under Section 191(1) of the Punjab Local Government Ordinance, 2001 (XIII of 2001), the Governor of the Punjab is pleased to make the following Rules:-
CHAPTER-I PRELIMINARY 1. Short title and commencement.- (1) These Rules may be called the Punjab Local Government (Property) Rules, 2003. (2)
They shall come into force at once.
2. Definitions.- (1) In these rules unless the subject or context otherwise requires (i)
“Committee” means the Committee constituted under rule 8 for the purposes of identification and auction of Redundant/ Encroached Property;
(ii)
“Manager” means a person prescribed in the Rules of Business of the Tehsil/Town Municipal istration and District Government responsible for the istration, control, management and maintenance of the Property: Provided that in case of Union istration, Union Nazim shall be the Manager of the Property;
(iii) “Ordinance” means the Punjab Local Government Ordinance, 2001 (XIII of 2001). (iv)
“Property” means the Property as specified in Chapter-XIII of the Ordinance; and
(v)
“Redundant/Encroached Property” means the Property declared by the Government as Redundant/Encroached.
(2) Words and expressions used herein, but not defined in these Rules shall have the same meanings as are assigned to them in the Ordinance.
Local Governments (Property) Rules, 2003
345
CHAPTER-II MANAGEMENT AND MAINTENANCE OF PROPERTY 3. Management of Property.- The Local Government concerned, with approval of its Council, shall take such steps as may be necessary to ensure that the Property vested in the District Government, Tehsil/Town and Union istration respectively is managed and maintained in the best interest of the public for the purposes of the Ordinance. 4.
Responsibilities of the Manager.- The Manager shall (a)
take as much care of the Property entrusted to him as a man of ordinary prudence would, under similar circumstances, take of his own property of like nature;
(b)
ister the property as a trust used to the maximum benefit of the public;
(c)
take steps to ensure that Property meant for use of public is actually
(d)
ensure that the rented Property fetches the maximum rent;
(e)
prevent the impairment of the value and utility of the rented Property;
(f)
prevent the use of Property for any purpose and in any manner other than specified;
(g)
take necessary steps for repair of all buildings under his management and control;
(h)
keep all title deeds and other documents, relating to the Property with duplicate copies of such title deeds and other documents, in safe custody;
(i)
have the boundaries of lands of the Local Government demarcated;
(j)
ensure the maintenance of prescribed s;
(k)
be vigilant about and to check encroachments or wrongful occupations on Property and in case there is any encroachment or wrongful occupation take necessary steps for the removal thereof; and
(1)
prevent the Property against nuisance, damage or misuse;
(2) The Manager shall be responsible to the Local Government for any loss, destruction or deterioration of the Property, if such a loss, destruction or
346
Local Governments (Property) Rules, 2003
deterioration occurs as a result of his default or negligence in discharge of his responsibility. (3) Notwithstanding any thing contained in sub rule (1), the overall responsibility for the proper management and maintenance of the property shall remain with the concerned Local Government. 5. Maintenance of Property.- (1) In case any difficulty arises in the maintenance of Property, the Manager shall immediately report the matter to the concerned Council. The Authority concerned of the Council shall within a week of the receipt of such intimation call the meeting of the Council and place the matter before it for further decision. (2) The following s shall be maintained in prescribed form by the concerned officer of the Local Government. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28)
of Immovable Property. of Nazul Property. Rent Demand and Collection . Arrears Demand and Collection . of Public Roads and Streets. of Encroachments. of unauthorized occupants of land or building(s) Building maintenance . Roads and streets maintenance . Agricultural lands . of road side trees. of trees and land of local council. of fruit bearing trees. of movable Property. of furniture. of vehicles. Sale of goods . District . of light points and lamp posts. of water stand posts. Library containing the detail of books. Library books issue . Newspapers . Postage stamp . Purchase of goods . of all kinds machinery. of animals.
P-I P-II P-III P-IV P-V P-VI P-VII P-VIII P-IX P-X P-XI P-XII P-XIII P-XIV P-XV P-XVI P-XVIl P-XVIII P-XIX P-XX P-XXI P-XXII P-XXIII P-XXIV P-XXV P-XXVI P-XXVII P-XXVIII
Local Governments (Property) Rules, 2003
347
(29) of parks and play grounds. P-XXIX (30) of Community Centers and other public places. P-XXX (31) Any other prescribed by the Government or specified by the concerned Local Government. 6. Map of the Local Area.- (1) The Local Government may maintain a map or maps of its local area showing, among other things, the immovable Property vested in it. (2) A copy of each map or maps may be kept at the office of the Local Government for inspection by the Public during office hours. 7. Verification and Stock Taking of Property.- (1) The Manager, in the month of July each year shall (a)
take stock of the movable Property under his charge;
(b)
the immovable Property under his charge;
(c)
submit a report to the concerned Council showing the result of such stock taking and verification including: (i) particulars of unserviceable articles; (ii)
losses and wastage if any;
(iii) cases of defalcation of s or misappropriation of Property, if any; and (iv)
proposal for development and improvement, if any.
(2) Every Zila Nazim, Tehsil Nazim/Town Nazim and Union Nazim shall, on assumption of his office and thereafter, once in every year on a date fixed by him, take the physical stock of movable and immovable Property of the concerned Local Government and submit a report to the concerned Council, in accordance with Section 123 of the Ordinance.
CHAPTER-III ENCROACHMENTS AND REDUNDANT PROPERTY 8. Committee for Identification of Redundant/Encroached Property.- (1) The following Committee shall be constituted to identify, prepare and send report to the Government and dispose of the Redundant/Encroached Property. Sr. No. 1. 2. 3. 4. 5.
Designation Zila Nazim. Executive District Officer (Revenue). Executive District Officer (F&P). Deputy District Officer (Revenue) concerned. Tehsil/Town Nazim concerned.
Status Chairman Secretary Member Member Member
348
Local Governments (Property) Rules, 2003 6.
Tehsil Municipal Officer concerned.
Member
(2) The Committee shall send its report to the Government in the form of Schedule-l, requesting the Government to declare the Property as Redundant or Encroached, as the case may be, and grant of permission for its disposal. (3) The Government may declare the Property as Redundant/ Encroached, as the case may be, and accord permission for its disposal: Provided that the Government shall give due regard to the master plan of the concerned city or town, as the case may be, while declaring Property as Redundant/ Encroached 9. Procedure for auction of Redundant/Encroached Property.- (1) The Property shall be auctioned only after its having been declared Redundant/ Encroached Property and grant of permission for its disposal. (2)
The following procedure shall be adopted for its auction:(a) the auction shall be made only through open auction; (b)
for the conduct of an auction, besides local means, a public notice in not less than two national daily newspapers and at least seven days before the date fixed for auction shall be given by the Local Government, through the office of Director General, Public Relations, Punjab;
(c)
the notice shall contain the date, time and place of auction and specify the and conditions for participation in the auction;
(d)
the public notice shall reflect the Khasra numbers of the Property to avoid any complication;
(e)
the plots or portions carved out for the purpose of auction shall be of appropriate size and shall be demarcated at site before auction in such a way that the bidders are aware of the actual position of the plots or portions;
(f)
the auction shall be held as far as possible at the place of the situation of the Redundant/Encroached Property or at the place nearest to it;
(g)
the auction price shall not be less than the price assessed by the District Price Assessment Committee, constituted under relevant rules/procedure prescribed by Board of Revenue, Punjab;
(h)
before the start of auction, all bidders shall deposit two percent as earnest money of the official reserve price;
Local Governments (Property) Rules, 2003
349
(i)
the earnest money deposited shall be refunded forthwith to the person depositing it, if the Government does not accept the bid. Where the bid is accepted the deposit shall be adjusted against the bid price of the Property. In case of successful bid, the bidder shall deposit the balance bid price within a period of fourteen days starting from date of confirmation of bid otherwise the earnest money shall stand forfeited and a fresh auction shall take place;
(j)
the plots shall be d for auction only after clearance of all encumbrances; and
(k)
the auction shall be subject to the concurrence of the Council and final approval of the Government.
(3) No immovable Property of a Local Government, other than declared Encroached/Redundant as herein before provided, shall be sold. 10. Right of Legal Occupants.- The legal occupant shall be allowed the right of first refusal of the highest bid. 11. Approval of Auction.- The recommendations of Committee shall be placed before the concerned Council and in case of its concurrence, the same shall be forwarded along with resolution of the Council to the Government for its final approval: Provided that the Government may approve the bid, cancel it or order fresh auction. 12. Utilization of proceeds of auction.- (1) Funds accruing from such auction shall be kept in a separate in accordance with the provisions of the Ordinance relevant rules and instructions of Government. (2) The amount received from such auction/sale shall be utilized exclusively for development projects by the concerned Local Government and no part thereof shall be apportioned for non-development expenditures like salary, or purchase of vehicles or office equipments, etc.
CHAPTER-IV DISPOSAL OF MOVABLE PROPERTY 13. Unserviceable articles.- (1) The District Nazim, Tehsil/Town Nazim and Union Nazim, as the case may be, may declare any movable Property, including stationery, furniture and fixture and the utensils, vesting in the concerned Council, as unserviceable: Provided, that the vehicles, machinery, electric utensils can only be declared as unserviceable upon the recommendation of a duly approved Government engineer or engineering concern.
350
Local Governments (Property) Rules, 2003
(2) Any movable Property which has been declared as unserviceable shall be disposed of by the concerned Local Government through open auction in the manner and to the extent as prescribed in Schedule-II. (3) A list of the Property sold or disposed of under sub-rule (2) shall be placed before the Local Government concerned, from time to time for information. 14. Writing off the unserviceable articles and losses.- All the articles declared unserviceable under sub -rule (1) of rule 13 and the loss of Property reported by the Nazim concerned shall be written off by the authority as mentioned in Schedule-II 15. Acquisition of Property.- (1) Whenever any land or other immovable Property is required by a Local Government for any purpose mentioned in the Ordinance, the concerned District Nazim, Tehsil/Town Nazim and Union Nazim, as the case may be, may take such steps as may be necessary to acquire the same by an agreement with the owner on behalf of the council after inviting quotations through the Press and subject to other conditions as provided in the Punjab Local Government (Contract) Rules, 2003. (2) If any land or other immovable Property cannot be acquired by an agreement under sub-rule (1) the Local Government may move for the acquisition of such property under the relevant law.
CHAPTER-V MISCELLANEOUS 16. Lease of immovable property.- (1) The immovable Property may be leased out in a manner prescribed as under (a) the immovable Property shall be given on lease through competitive bidding. The procedure prescribed in sub rule (2) of rule 9, shall be followed, mutatus mutandis, in case of lease of the Property: Provided that for the lease of Nazul lands vesting in the Local Government, policy of the Government for leasing of these lands shall be followed; (b)
the period of such lease shall be up to five years at a time; and
(c) the legal occupant shall be allowed the right of first refusal of the highest bid. 17. Repeal.- The Punjab Local Councils (Property) Rules, 1981 are hereby repealed. ---------------
Local Governments (Property) Rules, 2003
346
SCHEDULE – I (See Rule – 8) LIST OF REDUNDANT / ENCROACHED PROPERTIES TO BE SOLD OUT BY THE LOCAL GOVERNMENT Sr. No
Description of the property
Location of the property
Total area of the Property (K-M-Ft.)
Name & Address of the occupant
Nature of usecommercial/ Residential
Litigation if any, with present position
Whether the ownership is disputed, if so, give details
Local Governments (Property) Rules, 2003
347
SCHEDULE – II (See rule – 14) POWERS OF LOCAL GOVERNMENT FOR THE DISPOSAL / WRITING OFF PROPERTIES DECLARED AS UNSERVICEABLE S. #
Category of Local Government
Value of the unserviceable articles / losses which can be allowed to be auctioned On his own authority
With the approval of the Council
1.
Zila Nazim (City District Govt.)
Rs. 20,000/-
Unlimited
2.
Zila Nazim (Distt: District Govt.)
Rs. 15,000/-
Unlimited
3.
Tehsil/Town Nazim (TMA)
Rs. 10,000/-
Unlimited
4.
Union Nazim (Union istration)
Rs. 5,000/-
Unlimited
348
Local Governments (Property) Rules, 2003
FORM P-I of Immovable Property Sr. No.
Description and situation of property
Date & Mode of acquisition
Price paid
Additions made
Purpose for which used
Present valuation
Initials of Manager or Nazim
FORM P-II of Nazul Property Sr. No.
Description and situation of property
Area
Government order transferring the property to the Local Council
Purpose for which transferred
Purpose for which utilized
Present valuation
Initials of Manager or Nazim
Local Governments (Property) Rules, 2003
349
FORM P-III Rent Demand and Collection S. #
Description and situation of property
Name and address of the lessee
Name and Date of the agreement with lease the lessee
Period of lease
Total demand Dated _____________ Amount
Recipt
Balance
Amount received
FORM P-IV Arrears Demand and Collection S. #
Description and situation of property
Name and address of the person against whom the arrear is declared
Amount declared as arrear
Other charges
Total demand to recover as arrears
Date
Amnt
Rec.
Bal.
Action taken
Amount recovered
Date
Amnt
Rec.
Bal.
350
Local Governments (Property) Rules, 2003
FORM P-V for Public Roads and Streets
S. #
Name of the Street
Description and situation of the street
Date and declara tion as public street
Length of the street
Widt h of the street
Expendiutre on maintenance No. of trees
No. of light points
Filth deposits
Water stand posts
Nature of work exeuted
Date
Amount
FORM P-VI for Encroachments S. #
Description and situation of the encroachments
Name and address of the person making the encroachment
Area encroached upon
Action taken
If the encroachment is regularized No. and date fo the licence and fee levied
If the encroachment is not regularized action taken for its removable
Local Governments (Property) Rules, 2003
351
FORM P-VII Reoitter of Unauthorized Occupanyts of Land or Buildinhgs S. #
Description and situation of the property under unauthorized occupation
Nature of authorized occupation
Name and address of the person in unauthorized occupation
Action taken to regularize or vacate the unauthorized occuption
FORM P-VIII Buildings Maintenance S. #
Description and situation of the building
Staff employed for maintenance with their cost
Nature of the repair works executed
Amount
Date
General condition of the building
352
Local Governments (Property) Rules, 2003
FORM P-IX Roads and Streets Maintenance S. #
Particulars of the road of public street
Length of the road
Staff employed for maintenance with their cost
Nature of the repair works executed
Amount
Date
General condition of the road
FORM P-X Agricultural Land S. #
Description and situration of the agricultural land
Area and other particulars
If leased the name and address of the lessee
Nature of Cultivation
Expenditure
Income
Remakrs
Local Governments (Property) Rules, 2003
353
FORM P-XI of Roadside Trees S. #
Name of the road and street
No. of the trees
Situation of the tree
Nature of the tree
Girth of th tree
Age of the tree
Remakrs
FORM P-XII of Trees Land of Local Council S. #
Description of the land and building
No. of the trees
Situation of the tree
Nature of the tree
Girth of th tree
Age of the tree
Other particulars
Remarks
354
Local Governments (Property) Rules, 2003
FORM P-XIII Fruit Bearing Trees S. #
Location of the tree
Number
Girth
Age
Nature of the fruit
Fruit bearing capacity of the tree
Fruit how disposed
Income realized
Remarks
FORM P-XIV of Movable Property S. #
Description of Property
Number
Date of purchase
Price
Manner of use
Disposal
Date of disposal
Priced fetched if sold
Remakrs
Local Governments (Property) Rules, 2003
355
FORM P-XV of Furniture S. #
Name of the Department
Branch
Section
Type of furniture
Date of purchase
Price
No. of pieces
Official responsible for custody
Remakrs
FORM P-XVI of Vehicles S. #
Description of vehicles
Date of purchase
Price
Use to which it is put
Official responsibility for custody
Repairs Date
Changes
Movemnets Date
Distance
Covered
356
Local Governments (Property) Rules, 2003
FORM P-XVII Sale of Goods S. #
Goods sold
Date
To whom sold
Sale price
Receipt No.
Original cost price
Remakrs
FORM P-XVIII Distraint S. #
Description of the property attched or detrained
Particlars of the demand against which the property has been attached or detrained
Amount of the demand
Name and address of the owner of the property, the property attached or detrained
Manner of disposal of property
Amount fetched
Refund to the owner
Local Governments (Property) Rules, 2003
357
FORM P-XIX of Light Points and Lamp Post S. #
Description of the light point or lamp
Location
Power
House of Light Date
Hours
Cost of maintenance
Repair and replacement
Expendiutre
Remakrs
FORM P-XX of Water Stand Points S. #
Description of the water stand point or water connection
Location
Capacity
Consumption of water
Cost
Repairs and replacement
Expenditure
Remarks
358
Local Governments (Property) Rules, 2003
FORM P-XXI Stock for Expenditure Stores Stock Date
Stock
Price
ISSUE Voucher No.
Dated
To whom issued
BALANCE
Purpose for which issued , initla of the officials receiving the stock
Date
Balance
Initials of the officials issuing stock
FORM P-XXII Library S. #
Name of the book
Name of the author
Date of purchase
From whom purchased
Price
Voucher No.
Remarks
Local Governments (Property) Rules, 2003
359
FORM P-XXIII Library Books Issue S. #
Name of the Book and Author
Whom issued
Library Order No. of the person to whom issued
Date of issue
Date of return
If lost, the amount recovered
Remarks
Is sold price fetched
Date and Receipt No.
FORM P-XXIV Library Books Issue S. #
Name of the Newspaper
No. of copies
From whom purchased
Cost
Voucher No. & Date
Purpose for which used
360
Local Governments (Property) Rules, 2003
FORM P-XXV Postage Stamp S. #
Stock Date
Denomination of stamps
No.
Use value
Date
Manner of use
Initials of the official
Balance Date
Bal.
Remarks
FORM P-XXVI Purchase of Goods Sr. #
Data
Quantity purchased
From whom purchasd
Price aid
Voucher No.
Distribution of goods
Remarks
Local Governments (Property) Rules, 2003
361
FORM P-XXVII of Machinery S. #
Description of machinery
Date of purchase
Price
Use to which it is put
Official responsible Date
Remarks
Charges
FORM P-XXVIII of Animals S. #
Description of the animal
Date of purchase
Price
Age
Cost of Mainatenance Date
Amount
Disposal Date
Amount
Remakrs
362
Local Governments (Property) Rules, 2003
FORM P-XXIX of Losses Sr. #
Particulars of the loss
Amount of the loss
Person responsible for the loss
Action taken to recover the loss
Amount recovered with Receipt No.
,GOVERNMENT OF THE PUNJAB LOCAL GOVERN MEN"'" & RURAL DEVELOPMENT DEPAR"rMENT
Dated lahore, the 26" 1 August, 2005.
NOTIFICATION
)5-54/2003. In exercise of the powers conferred upon him under '(1) of section 191 of the Punjab Local Government Ordinance,
or 2001), the Governor of the Punjab is pleased to direct that in the I Government (Properly) Rules, 2003, the following amendments' e, namely-
AMENDMENTS ,In rule 15, in sub-rule (1), the words "after inviting Quotations
·~~through
the Press and" occurring after the word "council" and
.l before the word "subject" shall be omitted.
..
~
.
In rule 16, in sub-rule (1)in clause (a), at the .end, the word "and" shall be inserted; Clause (b) shall be omitted; and the existlnq clause (c) shall be re-Ietteredas (b).
NAGUIB ULLAH MALIK SECRETARY LG&RD DEPARTMENT
"~copy is forwarded for information and necessary action to: etarv, Prime Minister's Secretariat, National Reconstruction .... dU, Islamabad. .:The Principal Secretary to Governor Punjab. Principal Secretary to Chief" Minister, Punjab. Chief Secretary/Additional Chief Secretarv, Punjab. istrative Secretaries in the Punjab. District Coordination Officers in the Punjab. TehsiljTown Municipal Officers in the Punjab.. Director General (Inspection), LG&RD Department. Director General, Rural Development Department. Provincial Director, Local Fund Audit, Lahore. . Secretary, Punjab Local Government Board, Lahore. "';J'he Director, Punjab Local Government Academy, tala Mousa. u erintendent Government Printin Press Pun "ab Lahore for i ali n ill the next extra ordinatv gazette and supply 200 copies tor offi "a use. . j
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