Functions
In every town in a City District, there shall be a Town Municipal Administration (TMA) which shall be a body corporate and shall consist of a Town Nazim, Town Municipal Officer, Town Officers and other officers of the Local Council Service and officials of the offices entrusted to the TMA. The TMA will be responsible for spatial planning (land use planning and zoning), development facilitation/control (site development and building control) and municipal services (water, sanitation, solid waste, roads and streets, street lights, graveyards, fire fighting, traffic engineering, abattoirs, parks and open spaces) in a town of the City District, except those functions which for technical or other reasons are retained with the City District Government. The TMA will be responsible for planning, capital investments and operation and maintenance of municipal services.

Composition
The provincial line departments and defunct local councils which will comprise the TMA are as follows:

• All defunct ULCs (including DMCs in Karachi ), excluding such functions and associated officers, staff and assets which under the Local Government Ordinance 2001 are not assigned to it.
• The defunct District Council (with the associated officers, staff and assets), in as far as these relate to functions assigned to TMA under the Ordinance.
• Provincial Government Departments decentralised to the TMA:
• Local Government and Rural Development Department.
• Public Health Engineering Department.
• Housing and Town Planning/ Physical Planning Department.

Offices
The Local Government Ordinance 2001 describes a broad organisational structure for the TMA. This includes four Town Officers (Planning; Infrastructure and Services; Regulation; and, Finance).

Town Municipal Administration

In every tehsil there shall be a Tehsil Municipal Administration which shall be a body corporate and consist of a Tehsil Nazim, Tehsil Municipal Officer, Tehsil Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Tehsil Municipal Administration. Whereas in every town in a City District there is a Town Municipal Administration which is a body corporate and consist of the Town Nazim, Town Municipal Officer, Town Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Town Municipal Administration.

On commencement of The Local Government Ordinance,2001,the functions, administration and financial management of the offices of Local Government and Rural Development, Public Health Engineering and Housing and Physical Planning Departments at the regional, zonal, circle, divisional, district, tehsil and lower levels stand entrusted to the Tehsil Municipal Administration alongwith the employees working in these offices shall stand entrusted to the Tehsil Municipal Administration . Provincial Government may direct for retention of a nucleus office of Housing and Physical Planning Department with the District Government for intra-district coordination of tehsil spatial plan. Water and Sanitation Agencies coming under the control of District Government under the provisions of the Local Government Ordinance, 2001 functioning in a Tehsil, shall further be decentralized to the concerned Tehsil Municipal Administration. Water and Sanitation Agency or similar agencies functioning in a City District and coming under the control of City District may further be decentralized to the City District Administration or according to requirements of service delivery, may be decentralized to towns in a City District.

The Tehsil Nazim is head of the Tehsil Municipal Administration (See organogram). The Tehsil Municipal Administration includes the offices and sub-offices of the Urban Local Councils established under the SBNP Local Government Ordinance, 1979. Offices and sub-offices of Local Government and Rural Development, Public Health Engineering and Housing & Physical Planning Departments entrusted to it for administrative and financial management and sub-offices and other offices set-up by it under the SBNP Local Government Ordinance, 2001 and grouped under the Tehsil Municipal Officer. The Tehsil Municipal Officer shall act as co-ordinating and administrative officer in-charge of the following Tehsil Officers:

• Tehsil Officer (Municipal Regulations) is responsible for licensing, management of municipal lands, estates, properties, facilities and enterprises and enforcement of relevant municipal laws, rules and bye-laws etc.
• Tehsil Officer (Infrastructure and Services) is responsible for water, sewerage, drainage, sanitation, roads, other than provincial and district roads, streets and street lighting; fire fighting, park services.
• Tehsil Officer (Planning) is responsible for spatial planning and land use control; building control; and coordination of development plans and projects with Union Administration, Village Councils and other local governments.
• Tehsil Officer (Finance) is responsible for budget, revenue and accounts.

The Tehsil Municipal Administration (TMA) is responsible for spatial planning and municipal services, exclusively working closely with the Union Councils, Village/Neighborhood Councils and other civil society and private organizations.

The "Guidelines for Tehsil Transition Teams and Transition Report on Tehsil Municipal Administration" (June 2001) issued by the National Reconstruction Bureau provide that the operation and management of municipal services (water, sewerage, sanitation, roads, streets, surface drains, street lights, parks and playgrounds) in the areas under the territorial jurisdiction of the dissolved Town Committee (TC), Municipal Committee (MC) or Municipal Corporation (MCorp) shall be the responsibility of the Chief Officer (CO). This will ensure continued delivery of services in these areas without any breakdown.

The scope of work of the office of the CO will be limited to operation and maintenance (O&M) of water, sewerage, sanitation, roads, streets, surface drains, street lights, parks and playgrounds. The CO, reporting directly to the Tehsil Municipal Officer (TMO), and working with the four Tehsil Officers (TOs), will be responsible for O&M of services in the areas under the territorial jurisdiction of the dissolved TC/MC/MCorp. All service delivery staff working for the provision of these services before August 14, 2001 in the dissolved TC/MC/MCorp shall work in the CO Unit under the administrative control of the CO.

• In Tehsil Headquarters urban place, where the TMA offices are located, only the service delivery staff will comprise the CO Unit. This includes staff working on water, sewerage, sanitation, roads, streets, surface drains, street lights and parks and playgrounds. (See Fig. 1).
• In non-Tehsil Headquarters urban place, the CO Unit will comprise the service delivery staff (as in 'a'); and in addition the CO Unit functions will also include fire fighting. TO Finance will attach supporting staff to this CO. Staff from TO Regulations and TO Planning may also, where required, will be placed under the administrative control of the CO. (See Fig. 2).

Until new procedures are established, the procedures as were in practice before August 14, 2001 may continue for service delivery.

The direct expenditure on service delivery (i.e. budget for delivering municipal services in the dissolved TC/MC/MCorp area) shall, after adjustment in salary and cost escalations, inflation and increasing needs, be provided to the CO Unit to avoid any possibility of a dip in the level of municipal service provision.

While TMA has the exclusive responsibility for municipal services, the SBNP Local Government Ordinance 2001 provides an enabling mechanism under which TMA functions can be performed by Union Administration or Village Council/Neighbourhood Council. Section 54(2)(b) provides that:

"The Tehsil Municipal Administration may on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council; Provided that no function or responsibility shall be transferred without allocation of corresponding resources and funds; Provided further that the responsibility to regulate and monitor such functions and services shall remain with the Tehsil Municipal Administration."

According to this Section, a municipal function of the TMA can be transferred to a UA or VC/NC on the basis of a Mutual Agreement. Guidelines to assist in such transfers have been prepared and issued by NRB.

Click here to see organogram

Power Functions of Town Municipal Administration:

The functions and powers of the Town Municipal Administration include:-

• to prepare spatial plans for the tehsil in collaboration with Union Councils, including plans for land use, zoning and functions for which the Tehsil Municipal Administration is responsible;
• to seek approval of the Tehsil Council to the spatial plans prepared by it after due process of dissemination and public enquiry, incorporating modifications on the basis of such inquiry;
• to execute and manage development plans;
• to exercise control over land-use, land-subdivision, land development and zoning by public and private sectors for any purpose, including for agriculture, industry, commerce, markets, shopping and other employment centres; residential, recreation, parks, entertainment; passenger and freight transport and transit stations;
• to enforce all municipal laws, rules and bye-laws governing its functioning. Tehsil Municipal Administration may, with the approval of Tehsil Council, exempt any Union from application of any specific provision of the bye-laws made by the Tehsil Council under Local Government Ordinance, 2001.

Provincial Government may, on the recommendations of Tehsil Municipal Administration through District Government, exempt any Union or a part thereof from the application of rules relating to land use, building control, tax on property or in any other matter dealing with municipal services. Such exemption shall not extend to any organised housing schemes, zoning of industrial and commercial areas, and matters concerning environmental protection;

• to prevent encroachments;
• to regulate affixing of sign-boards and advertisements;
• to provide, manage, operate, maintain and improve the municipal infrastructure and services, including-
• water supply and control and development of water sources, other than systems maintained by the Union and Village Councils;
• sewerage, sewage and sewage treatment and disposal;
• storm water drainage;
• sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital wastes;
• roads and streets, other than roads falling under the jurisdiction of, and maintained by, the District Government or Provincial Government and streets maintained by the Union Administration or Village Council;
• traffic planning, engineering and management including traffic signaling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals;
• street lighting;
• fire fighting;
• parks, playgrounds, open spaces and arboriculture; and
• slaughter houses;
• to compile information provided by Union and Village Councils of prioritised projects in the tehsils;
• to prepare budget, long term and annual municipal development programmes in collaboration with the Union Councils, under the directions of the Tehsil Nazim;
• to maintain, with the assistance of the District Government, Union and Village Councils, a comprehensive data base and information system for Tehsil Municipal Administration and provide public access to it on nominal charges;
• to propose taxes, cess, user fees, rates, rents, tolls, charges, levies, fines and penalties under Part III of the Second Schedule of Local Government Ordinance 2001 for approval of the Tehsil Council and notify the same after such approval;
• to collect approved taxes, cess, user fees, rates, rents, tolls, charges, fines and penalties;
• to organize sports, cultural, recreational events, fairs and shows;
• to organize cattle fairs and cattle markets;
• to co-ordinate and support municipal functions amongst Unions and Villages;
• to regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violation thereof as and where applicable;
• to manage properties, assets and funds vested in the Tehsil Municipal Administration and Tehsil Council;
• to develop and manage schemes, including site development in collaboration with District Government and Union Administration;
• to authorise an officer or officers to issue notice to a person committing any municipal offence and initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice;
• to prosecute, sue and follow up criminal, civil and recovery proceedings against violators of municipal laws in the courts of competent jurisdiction;
• to maintain municipal records and archives; and
• to prepare financial statements and present them for internal and external audit.

The Tehsil Municipal Administration may:-

• assign or contract out, on such terms and conditions as are approved by the Tehsil Council and after inviting public objections, any of its functions to any public-private, public or private organization. But the responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration.
• on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council. No function or responsibility shall be transferred without allocation of corresponding resources and funds. The responsibility to regulate and monitor such functions and services shall remain with the Tehsil Municipal Administration.
• by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the District Government;
• with funds raised through voluntary contributions or external grant, but without recourse to additional enhanced taxation, user charges or fees or recourse to any other sources of public funds and without incurring debt of any nature, undertake any development project;
• with the approval of the Provincial Government and concerned regulatory authorities of the Federal Government and Provincial Government, set-up, acquire, manage and operate any commercial activity on a self-financing basis with no liability to the public exchequer; and
• set-up a corporate body to perform any of its functions, singly or jointly with other public or private bodies. The responsibility for discharge of such functions shall continue to vest with the Tehsil Municipal Administration.

Town Councils

There shall be a Tehsil Council in a tehsil and a Town Council in a town in a City District. It shall consist of Naib Nazims of all Union Councils in the tehsil or town, as the case may be, and the following members elected on reserved seats, namely:-

• such number of women as represents thirty-three percent of the total number of the Unions in the tehsil or, as the case may be, the town;
• such number of peasants and workers as represent five percent of the total number of the Unions in the tehsil or, as the case may be, the town; and
• such number of persons from minority communities as represent five percent of the total number of the Unions in the tehsil or, as the case may be, the town.

The Naib Tehsil Nazim or Naib Town Nazim shall be the Convener of the Tehsil Council or, the Town Council, as the case may be.

The Tehsil Council and Town Council shall have their offices under the Naib Tehsil Nazim or Naib Town Nazim, as the case may be, and shall have separate budget allocations.

The provisions relating to Tehsil Council shall, mutatis mutandis, apply to Town Council and any reference in these provisions to Tehsil Nazim, Naib Tehsil Nazim or Tehsil Municipal Administration shall subject to section 40, respectively, be read as reference to Town Nazim, Naib Town Nazim and Town Municipal Administration.

Functions and powers of the Town Council

The functions and powers of the Tehsil Council shall be:-

• to approve taxes, cess, rates, rents, fees, user-charges, tolls, levies, fines and penalties proposed by Tehsil Municipal Administration specified in Part-III of the Second Schedule of the Local Government Ordinance 2001;
• to approve bye-laws for delivery of municipal services;
• to approve annual budget and appropriations for the Tehsil Municipal Administration;
• to approve long and short term development plans;
• to approve posts of personal staff for the office of Tehsil Nazim and the terms and conditions of their service. No post of advisor, special assistant, press or political secretary to the Tehsil Nazim shall be sanctioned or approved;
• to approve land use, zoning and master plan of the tehsil development and maintenance programmes or projects proposed by the Tehsil Municipal Administration;
• to elect Monitoring Committees of the Tehsil Council to monitor the working of the Tehsil Municipal Administration and the provision of municipal services;
• to ensure that the Monitoring Committees perform their functions in a non-intrusive manner without interfering in the day to day working of the relevant offices of the Tehsil Municipal Administration and do not assume a command and control role;
• to review the reports of the Monitoring Committees and make appropriate recommendations to the Tehsil Nazim;
• to elect an Ethics Committee which shall be responsible for enforcing the code of ethics for regulating the conduct of the members of the Tehsil Council; to elect an Insaaf Committee for interacting with the Insaaf Committee of the Zila Council.
• to elect Tehsil Accounts Committee to review the audit reports of the accounts of Tehsil Municipal Administration;
• to review the performance of Tehsil Municipal Administration presented by the Tehsil Nazim;
• to authorise the Tehsil Municipal Administration, subject to applicable laws and with the prior permission of the Government through District Government, for floating municipal bonds for raising funds for financing municipal projects; and
• to require, by resolution, the Tehsil Municipal Administration to undertake measures for improvement in the delivery of municipal services.

Where the office of Tehsil Nazim falls vacant by reason of his death, resignation or removal, the Tehsil Council shall, from amongst its members, elect an officiating Tehsil Nazim, till a new Tehsil Nazim is elected under the provisions of Local Government Ordinance 2001.

The Naib Tehsil Nazim shall convene the meeting of the Tehsil Council for the election of officiating Tehsil Nazim within ten days from the death, resignation or removal of Tehsil Nazim, as the case may be. The officiating Tehsil Nazim shall not be a candidate for the office of Tehsil Nazim in election for Tehsil Nazim.

Conduct of the business of Town Council

• The Tehsil Council shall regulate its business in accordance with the bye-laws made by it.
• The Tehsil Council shall meet at least once in every month.
• Decisions of the Tehsil Council shall be taken by resolutions passed by a simple majority of the members present and voting and a copy of each resolution shall be transmitted to the Provincial Local Government Commission. The member presiding the meeting shall not vote except in the case of equality of votes.
• In the first meeting of the Council to be convened and presided over by the Returning Officer nominated by the Chief Election Commissioner, the members of the Tehsil Council shall elect from amongst themselves a Naib Tehsil Nazim securing majority votes of total membership of the Council through a secret ballot.The Naib Tehsil Nazim so elected, shall be the Convener of the Tehsil Council and shall preside its meetings and shall perform such other functions as are assigned to him by the Tehsil Nazim.
• After the election of Naib Tehsil Nazim, the Tehsil Council shall, in order of precedence elect a panel of not less than three members as presiding officers securing highest number of votes who shall, in the absence of,or in case of the suspension of, Naib Tehsil Nazim, or where a no confidence motion has been moved against him, convene and preside over the meetings of the Tehsil Council.
• The quorum of the meetings of the Tehsil Council shall be fifty-one percent of its total membership.
• The meetings of the Tehsil Council shall be open to public, unless the Council, by a resolution, decides to hold any meeting in camera.
• The minutes of the meetings of Tehsil Council shall be recorded and maintained by an officer authorized by the Tehsil Council.

Address of Town Nazim

At the commencement of first session of the Tehsil Council after its election and on commencement of first session of every year the Tehsil Nazim shall address the Tehsil Council and shall inform the Council of his plans and programmes for the said year and the performance of the Tehsil/Municipal Administration during the preceding year.

The Tehsil Nazim may address the Tehsil Council whenever he deems necessary to associate the Tehsil Council in functioning of the Tehsil Municipal Administration.

Functions of Town Nazim

The Tehsil Nazim shall head the Tehsil Municipal Administration and exercise such functions and powers as have been assigned to him under Local Government Ordinance 2001 and Tehsil Municipal Administration Rules of Business, 2001. He shall be assisted by a Tehsil Municipal Officer. The Tehsil Nazim shall be responsible to ensure that the business of the Tehsil Municipal Administration is carried out in accordance with the provisions of Local Government Ordinance 2001 and the Rules made thereunder and the laws relating to the municipal services for the time being in force.

The functions of Town Nazim shall:-

• to provide vision and direction for efficient functioning of the municipal administration;
• to formulate strategies for development of municipal infrastructure and improvement of delivery of the municipal services of the tehsil;
• to oversee formulation and implementation of long term and annual municipal development programmes;
• to oversee the delivery of services by the Tehsil Municipal Administration and implementation of the laws governing the municipal services;
• to present the budget proposal to the Tehsil Council for approval;
• to present a report in person on the performance to the Tehsil Council at least once in six months; to supervise the utilisation of the funds allocated to the Tehsil Municipal Administration and to ensure their proper accounting;
• to establish and supervise the working of the Internal Audit Office; and
• to represent Tehsil Municipal Administration on public and ceremonial occasions.

Personal responsibility of Town Nazim

The Tehsil Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of Local Government Ordinance, 2001 or any other law for the time being in force and for any expenditure incurred without lawful authority.

Duties of Town Municipal Officer

The Provincial Government shall appoint the Tehsil Municipal Officer who shall be the Principal Accounting Officer of the Tehsil Municipal Administration and shall be the focal person-

• for redressing public complaints relating to Tehsil Municipal Administration; and
• for liaising with the District Government and the Local Government Commission, through the District Government, for resolution of disputes relating to Tehsil Municipal Administration.

The Town Municipal Officer shall:-

• ensure that the business of the Tehsil Municipal Administration is carried out in accordance with Local Government Ordinance 2001 and the Rules made thereunder and any other law relating to municipal services for the time being in force;
• co-ordinate the municipal activities of the Tehsil Municipal Administration and Union Administrations within the Tehsil for coherent planning and development of municipal infrastructure and for effective and efficient functioning of the Tehsil Municipal Administration;
• exercise general supervision over programmes, projects, services, and activities of the Tehsil Municipal Administration; and