PUNJAB LOCAL COUNCIL (PROPERTY) RULES, 1981
5th February, 1981
No. S. O. (L) 1 (38) 80. —In exercise of the powers conferred on him by sub-section (3) section134 read with section 167, of the Punjab local Government Ordinance, 1979 (VI of 1979), hereinafter called the Ordinance the Governor of the Punjab is pleased to make the following rules, namely: —
1. Short title and commencement. –
1. These rules may be called the Punjab Local Council (Property) Rules, 1981.
2. They shall come into force at once.
2. Management and maintenance of property. —
1. The Chairman of a Local Council shall take such steps as may be necessary to ensure that the property vested in the Local Council is managed and maintained in the best interest of the public for the Ordinance, the Rules and the bye-laws made thereunder.
2. The Chairman may, from time to time, specify the property that shall be placed under the management of the head of Department of a Local Council or any officer of the Local Council and in such a case the head of the Department or the Officer of the Local Council, as the case may be, shall be the manager with regard to the Property placed under his management.
3. Notwithstanding the provision contained in the sub-rule (2) the over all responsibility for the proper management and maintenance of the property shall continue to be that of the Chairman.
3. Responsibility of the Manager. – The manager or if there is no manager, the Chairman shall. –
a. take as much care of the Local council’s property entrusted to him as a man of ordinary prudence would, under similar circumstances, take of his own property of like nature.
b. Administer the property as a trust;
c. Take steps to ensure that property meant for use of fhte public in actually used to the maximum benefit of the public;
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 the property for a purpose and in a manner other that specified;
g. Take necessary steps for repairs of all buildings;
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 all lands of the Local Council demarcated;
j. Ensure the maintenance of prescribed registers;
k. Be vigilant about and check encroachments or wrongful occupation on Local Council’s property and in case there is any encroachment or wrongful occupation take necessary steps for the removal thereof;
l. Prevent the property against nuisance, damage or misuser; and
m. Be responsible to the Local Council f or any loss destruction or deterioration ahs occurred because of his default.
4. Maintenance of Registers. –
1. The various registers mentioned in the Schedule shall be maintained in the Schedule shall be maintained in the prescribed form in respect of all the property of Local Council.
2. The instructions Given in the foot-notes in every form shall be followed meticulously.
5. Map of the Local area. —
1. The Local Council shall maintain a map of the Local area showing, among other things, the immovable property wasting the Local Council.
2. A copy of the map shall be kept at the office of the Local Council for inspection by the public during office hours.
6. Verification and stock taking of property. — The manner or if there is no manager, the Chairman, in the month of July each year shall;
a. take stock of the movable property under his charge;
b. verify the immovable property under his charge; and
c. submit are port to the Local Council showing the result of such stock taking and verification, and also including –
i. particulars of unserviceable articles;
ii. losses and wastage if any;
iii. cases of defalcation of accounts of misappropriation of property, if any;
iv. proposal for development and improvement, if any.
7. Unserviceable articles. –
1. The Chairman may declare any property or articles as unserviceable and the articles so declared may be written off in the manner and to the extent mentioned din sub-rule (2).
2. Any loss of property or any articles which have been declared as unserviceable under sub-rule (1) may be written off –
a. by the Chairman of a –
i. Municipal Corporation and Zila Council, if the amount involved does not exceed five thousand rupees;
ii. Municipal Committee, with an annual estimated income of more than rupees one crore, if the amount involved does not exceed rupees three thousand;
iii. Municipal Committee with an annual estimated income of rupees one crore or if the amount involved does not exceed rupees two thousand;
iv. Town Committee, if the amount involved does not exceed rupees one thousand;
iv-a Markaz Council if the amount involved does not exceed rupees one thousand only.
v. Union Council, if the amount involved does not exceed rupees five hundred;
b. By the Local Council –
i. In the case of a Municipal Corporation or a Zila Council, if the amount involved does not exceed rupees one lac;
ii. In the case of a Municipal Committee with an estimated income or more than rupees one crore if the amount involved does not exceed rupees fifty thousand;
iii. In the case of a Municipal Committee w9ith an annual estimated income of rupees one crore or less if the amount involved does not exceed rupees thirty thousand;
iv. In the case of a Town Committee, if the amount involved does not exceed rupees twenty thousand;
iv-a In case of Markaz Council of the amount involved does not exceed rupees twenty thousand; and
v. In the case of a Union Council, if the amount involved does not exceed rupees ten thousand; and
c. By the Government, in any other case.
8. Acquisition of Property. –
1. Whenever any land or other immovable property is required by a Local Council for any of the purposes of the Ordinance, the Chairman may take such steps as may be necessary to acquire the same by an agreement with the owner in the manner provided in the Punjab Local Councils (Contract) Rules, 1981.
2. If any land or other immovable property cannot be acquired by an agreement under sub-rule (1) the Local Council may move for the acquisition of such land or immovable property under the relevant law.
9. Disposal of movable Property. —
1. Whenever any land or other immovable property is required by a Local Council may be disposed of by sale or otherwise by the authority competent to do so under the Punjab Local Council (Contract) Rules, 1981.
2. A list of the property sold or disposed of under sub-rule (1) shall be laid before the Local Council, from time to time, for information.
10. Alienation of immovable property. – No immovable property of a Local Council shall be alienated by way of a sale or otherwise except through an open action and with the sanction of the Local Council and subject to such conditions as the Local Council may impose relating to consideration or other matters.
11. Lease of immovable Property. — Any immovable property may be leased out by the Chairman subject to the provisions of the Punjab Local Councils ( Contract) Rules, 1981-
a. On his own authority, if the period of lease does not exceed one year; and
b. With the sanction of the Local Council, if the period of lease exceeds one year.
12. Use of Local Government Property. – A local Council may specify —
a. The properties, movable or immovable, the use whereof may be permitted to the public or which may be let on hire; and
b. The terms and conditions including the charges to believed for such use or hire.
13. Property Development Schemes. — A Local Council may prepare property Development scheme which may amount other matters contain—
a. particulars of property;
b. proposals for development;
c. proposals for improvement in the organization for management of property;
d. proposals for development of land not constructed upon;
e. proposals for construction of shops and other commercial buildings;
f. the financial implications of the proposals; the manner in which the scheme shall be financed;
g. acquisition of land and other immovable property; and
h. such other particulars as may be necessary.
SCHEDULE
1. Register of immovable property in Form P-1
2. Register of Nazule Property in Form P-II
3. Rent Demand and collection Register in Form P- III
4. Arrears demand and collection register In Form P-IV
5. Register of public roads and streets in Form P-V
6. Register of encroachments on public roads and public streets in Form P-VI.
7. Register of un-authorized occupants of land or building of a Local Council in Form P-VII.
8. Buildings maintenance Register in Form P-VIII
9. Roads and streets maintenance Register in Form P-IX.
10. Register of agriculture Land in Form P-XI.
11. Register of road side-trees, in Form P-XI.
12. Register of trees on Land of the Local Council in Form P_XII.
13. Register of fruit bearing trees in Form P-XIII.
14. Register of movable property in Form P-XIV.
15. Register of furniture, in Form P-XV.
16. Register of vehicles in Form P-XVI.
17. Register of Machinery in Form P-XVII.
18. Register of animals in Form P-XVIII.
19. Register of lam posts and light points in Form P-XIX.
20. Register of water stand posts in Form P-XX.
21. Stock register for expendable stores in Form P-XXI.
22. Library Register in Form P-XXII.
23. Library books issue Register in Form P-XXIII.
24. Newspaper Register in Form P-XXIV.
25. Postage stamp Register in Form P-XXV.
26. Purchase of goods Register in Form P-XXVI.
27. Sale of goods Register in Form P-XXVII.
28. Distrait Register in Form P-XXVIII.
29. Register of losses in Form P-XXIX.
