Local Government Property Rules,2003

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 Administration and District Government responsible for the administration, control, management and maintenance of the Property:

Provided that in case of Union Administration, 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.


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 Administration 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) administer 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 registers;

(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 registers shall be maintained in prescribed form by the concerned officer of the Local Government.

(1) Register of Immovable Property. P-I (2) Register of Nazul Property. P-II (3) Rent Demand and Collection Register. P-III (4) Arrears Demand and Collection Register. P-IV (5) Register of Public Roads and Streets. P-V (6) Register of Encroachments. P-VI (7) Register of unauthorized occupants of land P-VII or building(s) (8) Building maintenance register. P-VIII (9) Roads and streets maintenance register. P-IX (10) Agricultural lands register. P-X (11) Register of road side trees. P-XI (12) Register of trees and land of local council. P-XII (13) Register of fruit bearing trees. P-XIII (14) Register of movable Property. P-XIV (15) Register of furniture. P-XV (16) Register of vehicles. P-XVI (17) Sale of goods register. P-XVIl (18) District Register. P-XVIII (19) Register of light points and lamp posts. P-XIX (20) Register of water stand posts. P-XX (21) P-XXI (22) Library register containing the detail of books. P-XXII (23) Library books issue register. P-XXIII (24) Newspapers register. P-XXIV (25) Postage stamp register. P-XXV (26) Purchase of goods register. P-XXVI (27) Register of all kinds machinery. P-XXVII (28) Register of animals. P-XXVIII


(29) Register of parks and play grounds. P-XXIX (30) Register of Community Centers and other public places. P-XXX (31) Any other register 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) verify 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 accounts 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. Designation Status 1. Zila Nazim. Chairman 2. Executive District Officer (Revenue). Secretary 3. Executive District Officer (F&P). Member 4. Deputy District Officer (Revenue) concerned. Member 5. Tehsil/Town Nazim concerned. Member


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 terms 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;


(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 advertised 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 account 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.


(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.

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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 use- commercial/ Residential

Litigation if any, with present position

Whether the ownership is disputed, if

so, give details


SCHEDULE – II (See rule – 14)

POWERS OF LOCAL GOVERNMENT FOR THE DISPOSAL / WRITING OFF

PROPERTIES DECLARED AS UNSERVICEABLE

Value of the unserviceable articles / losses which can be allowed to be auctioned S. # Category of Local Government

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 Administration) Rs. 5,000/- Unlimited


FORM P-I Register 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 Register of Nazul Property

Sr. No.


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


FORM P-III Rent Demand and Collection Register

Total demand Dated _____________ S. #


property

Name and address of the

lessee

Name and Date of the agreement

with lease the lessee

Period of lease

Amount Recipt Balance

Amount received

FORM P-IV Arrears Demand and Collection Register

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

Action taken

Amount recovered

Date Amnt Rec. Bal. Date Amnt Rec. Bal.


FORM P-V Register for Public Roads and Streets

Expendiutre on maintenance

S. #

Name of the Street

Description and

situation of the street

Date and

declaration as public street

Length of the street

Width of the

street

No. of trees

No. of light

points

Filth deposits

Water stand posts

Nature of work exe-uted

Date Amount

FORM P-VI Register 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


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 Register

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


FORM P-IX Roads and Streets Maintenance Register

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 Register

S. # Description and situration of the agricultural land

Area and other particulars

If leased the name and address of the lessee

Nature of Cultivation

Expendi-ture

Income Remakrs


FORM P-XI Register 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 Register 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


FORM P-XIII Register 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 Register of Movable Property

S. # Description of Property

Number Date of purchase

Price Manner of use

Disposal Date of disposal

Priced fetched if sold

Remakrs


FORM P-XV Register 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 Register of Vehicles

Repairs Movemnets S. # Description

of vehicles Date of

purchase Price Use to which it is put

Official responsibility for custody Date Changes Date Distance Covered


FORM P-XVII Sale of Goods Register

S. # Goods sold Date To whom sold Sale price Receipt No. Original cost price Remakrs

FORM P-XVIII Distraint Register

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


FORM P-XIX Register of Light Points and Lamp Post

House of Light S. # Description of the

light point or lamp Location Power Date Hours

Cost of maintenance

Repair and replacement Expendiutre Remakrs

FORM P-XX

Register 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


FORM P-XXI Stock Register for Expenditure Stores

Stock ISSUE BALANCE Date Stock Price Voucher

No. Dated To

whom issued

Purpose for which issued , initla of the officials receiving the stock

Date Balance Initials of the officials issuing

stock

FORM P-XXII Library Register

S. # Name of the book Name of the author

Date of purchase

From whom purchased

Price Voucher No. Remarks


FORM P-XXIII Library Books Issue Register

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

FORM P-XXIV Library Books Issue Register

S. # Name of the Newspaper

No. of copies

From whom purchased

Cost Voucher No. & Date

Purpose for which used

Is sold price fetched

Date and Receipt No.


FORM P-XXV Postage Stamp Register

Balance S. # Stock

Date Denomination

of stamps No. Use value Date Manner of use

Initials of the official Date Bal.

Remarks

FORM P-XXVI

Purchase of Goods Register

Sr. # Data Quantity purchased

From whom purchasd Price aid

Voucher No. Distribution of goods Remarks


FORM P-XXVII Register of Machinery

S. # Description of machinery Date of purchase

Price Use to which it is put

Official responsible Remarks

Date Charges

FORM P-XXVIII Register of Animals

Cost of Mainatenance Disposal S. # Description of the

animal Date of

purchase Price Age Date Amount Date Amount

Remakrs


FORM P-XXIX Register 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 PUNJABLOCAL 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 MALIKSECRETARY LG&RD DEPARTMENT

"~copy is forwarded for information and necessary action to:

j 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.

Administrative 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 fori ali n ill the next extra ordinatv gazette and supply 200 copies

tor offi "a use. .

Documents

Local Government Property Rules,2003