Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 112(7),39,111,112,22,42(5),112(11),119,1 11(6),42A,112(1)

Law: Constitution of Pakistan, 1973

Section: 32,140(A)

(a) Punjab Local Government Ordinance (XIII of 2001)--- ----Ss. 112 & 111---Constitution of Pakistan (1973), Arts.32 & 140-A---Where the council failed to pass the budget within the time provided by law, the situation warranted the exercise of authority by the Government in terms of S.112(7), Punjab Local Government Ordinance, 2001 and while adopting the extraordinary course, Government was not required to follow the prescribed procedure---Principles. Section 111 of the Punjab Local Government Ordinance, 2001, in general, enunciates the principles to be followed while preparing the budget of the LG, whereas subsection (6) thereof specifies that before the commencement of a financial year each Local Government shall, from its funds, prepare in the "prescribed manner" a budget in conformity with the provisions of section 119, obviously meaning thereby strict adherence to the Ordinance and the Rules. The mechanism of the presentation of the budget and its approval or otherwise by the Council (except subsection (7)) and its authentication by the Nazim as given in sections 111 and 112. From the object and the spirit of the provisions of Articles 32 and 140-A of the Constitution and the Ordinance a considerable autonomy and authority should be construed to have been conferred upon the Local Government and the Council in preparing and approving the annual budget, and this is the "ordinary course" for the budget. However, section 112(7) is an exception to this "ordinary course" and shall automatically come into play, when for whatever reasons the Council fails to approve its budget within the prescribed time. The Government under this authority, which can be termed analogous to its statutory duty, with a view to meet an emergency situation caused and created due to the default of the Council itself in approving the budget, comes into motion, and under the command of the law steps in to prevent the catastrophic, financial impasse and the standstill of the Council; this undoubtedly is a rescuing measure, which the government imperatively is required to take in order to bailout the Council for a chaos. When the Government undertakes the responsibility of enforcing…

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