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