Law: Punjab District Government and Tehsil Municipal Administration (Budget) Rules, 2003

Section: 57,59,58(3)

Law: Punjab District Government and Tehsil Municipal Administration (Budget) Rules, 2003

Section: 57,59,58(3)

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 42,112(8),111(4),132,2(vii),28(3),30(4)

(a) Punjab Local Government Ordinance (XIII of 2001)------Ss. 111(4) & 112(8)---Provisions of Ss.111(4) & 112(8) of Punjab Local Government Ordinance, 2001---Scope---Such provisions were mandatory in nature---Without having financial independence and sovereignty, no institution of Local Government or Federal/Provincial Government could function---To approve a budget or to have budgetary powers would reflect sovereignty of an institution. (b) Punjab Local Government Ordinance (XIII of 2001)--- ---Ss. 42, 111(4), 112(8) &' 132---District Government and Tehsil Municipal Administration (Budget) Rules, 2003, Rr.57, 58(3) & 59---Constitution of Pakistan (1973), Art.199---Constitutional petition---Annual Budget of Zila Council, approval of---Naib Nazim, though removed from his office by decision of High Court, presided over Budget Meeting, .which, on objection being raised by members, was presided over by senior member of council---Approval of budget by majority of Council---Letter by Nazim addressed to District Coordination Officer requesting him to incorporate amendments in current development Budget Books as per proceedings of Council and submit same for authentication to Nazim---Placing of budget by District Coordination Officer, before Provincial Local Government Commission---Demands of grant rejecting by Nazim submitted by same Naib Nazim in subsequent meeting of Council --Validity---After approval of Budget by Council, subsequent meeting on same subject could not have legally taken place---Functions of Provincial Local Government Commission as given in S.132 of the Ordinance, being of general nature would not include to decide issues relating to Annual Budget---To approve a budget or to have budgetary powers would reflect sovereignty of an institution---Whole scheme of Punjab Local Government Ordinance, 2001 was based on devolution of powers including financial powers from Provincial Government to District Government---Budget could not be placed before the Commission---Impugned action of authority impinged upon such idea or ran counter to the whole philosophy of the Punjab Local Government Ordinance, 2001---High Court declared budget approved by…

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