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PUNJAB DEVELOPMENT OF CITIES (AMENDMENT) ORDINANCE, 2002

(Pb Ord XLII of 2002)

[8th August, 2002]

An ordinance further to amend the Punjab Development of Cities Act, 1976.

Whereas it is expedient further to amend the Punjab Development of Cities Act, 1976 (XIX of 1976), for the purposes hereinafter appearing;

 

And whereas the Provincial Assembly of the Punjab is dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

 

And whereas under Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999 as amended by the Chief Executive Order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;

 

Now, therefore, in exercise of the aforesaid powers and all other powres enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

 

1.         Short title and commencement.- (1) This Ordinance may be called the Punjab Development of Cities (Amendment) Ordinance, 2002.

 

(2)        It shall come into force at once.

 

2.         Amendment in section 2 of Act XIX of 1976.- In the said Act, in section 2-

 

(i)         in clause (g) the words “Deputy Commissioner” wherever occurring shall be substituted by the words “District Coordination Officer”;

(ii)        after clause (g) the following new clause (gg) shall be inserted:-

“(gg) “District Government” means District Government consisting of Zila Nazim and District Administration as provided in section 13 of the Punjab Local Government Ordinance, 2001 (XIII of 2001);”;

           (iii)          sub-clause (ii) of clause (i) shall be substituted by the following:-

“(ii) a local government as defined in the Punjab Local Government Ordinance, 2001 (XIII of 2001); and”;

(iv)       in sub-clause (iii) of clause (i) the words “municipal body” shall be substituted by the words “local government”;

(v)        after clause (k) the following new clause (kk) shall be inserted:-

“(kk) “Nazim” means Zila Nazim or Tehsil Nazim, as the case may be;”

(vi)       in clause (l) the word “and” at the end shall be omitted;

           (vii)      in clause (m) for the full stop at the end a semi colon shall be substituted and thereafter the word “and” shall be added; and

           (viii)       after clause (m) the following new clause (n) shall be aded:-

“(n) “Tehsil Municipal Officer” means Tehsil Municipal Officer of the Tehsil Municipal Administration concerned.“.

 

3. Amendment in section 4 of Act XIX of 1976.- In the said Act, in section 4- 
 

 

 

(i)         sub-section (4) shall be substituted by the following:-

“(4) The Authority shall consist of-

a.         Tehsil Nazim of the Tehsil Municipal Administration (TMA) in which maximum area falling within the jurisdiction of the Authority is located

 

Member/Chairman

 

b.         Tehsil Municipal Officers of TMAs whose areas fall within the jurisdictin of the Authority.

 

Members

 

c.         Director General of the Authority.

 

Member

 

d.         Representative of the Planning and Development Board Punjab.

 

Member

 

e.         Representative of the Finance Department.

 

Member

 

f.          Representative of the Housing, Urban Development and Public Health Engineering Department.

 

Member

 

g.         Representative of the Local Government and Rural Development Department.

 

Member

 

h.         Representative of the District Government concerned.

 

Member

 

i.          Managing Director of the Water and Sanitation Agency (WASA) concerned.

 

Member

 

 (ii)       sub-section (5) shall be substituted by the following:-

“(5) The membership of the Authority may be altered, increased or decreased by the Tehsil Municipal Administration, in which maximum area falling within the jurisdiction of the Authority is located, with the approval of Government.”; and

(iii)        sub-section (6) shall be deleted.

 

 4.        Amendment in section 12 of Act XIX of 1976.- In the said Act, in sub-section (5) of section 12, the words, comma and figure “local council as defined in the Punjab Local Government Act, 1975” shall be substituted by the words, comma and figure “local government as defined in the Punjab Local Government Ordinance, 2001 (XIII of 2001)”.

 

 5.        Amendment in section 18 of Act XIX of 1976.- In the said Act, in section 18 the word “council” shall be substituted by the word “government”, and the word, comma and figure “Act, 1975” shall be substituted by the words, comma, figure and brackets “Ordinance, 2001 (XIII of 2001)”.

 

 6.        Amendment in section 27 of Act XIX of 1976.- In the said Act, in section 27 sub-section (1), after the word “the” occurring for the second time and before the word “Government” the following shall be inserted:-

 “Tehsil Municipal Administration, in whose jurisdiction the shceme is located, and the Provincial”.

 

 7.        Amendment in section 30 of Act XIX of 1976.- In the said Act, section 30 shall be substituted by the following:-

“30. The Authority shall prepare every year and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and each of its Agencies and shall submit the same through the Tehsil Municipal Administration, in which the maximum area under the jurisdiction of the Authority falls, to the concerned Tehsil Council for approval. On approval, the budget of the Authority shall be reflected in the budget of the said Tehsil Municipal Administration. If the Tehsil Council does not approve or modify the budget within sixty days of its submission to the Council, the budget as prepared by the Authority shall be deemed to be the approved budget.”

 

8.         Amendment in section 35 of Act XIX of 1976.- In the said Act, in section 35 sub-section (1), after the word “the” occurring for th third time and before the word “Government” the following shall be inserted:- 

“Tehsil Municipal Administration, in which the maximum area under the jurisdiction of the Authority falls, and the Provincial.”

 

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