An. Act to amend the Punjab Local Government Act Whereas it is expedient to amend the Punjab Local Government Act (XVIII of. further to amend the Punjab Local Government Act (XVIII of ), for brevity cited as the said Act', after section 7, the following. Gazette of the Punjab (Extraordinary) dated November 08, ) An. Act further to amend the Punjab Local Government Aci
|Language:||English, Spanish, French|
|ePub File Size:||17.37 MB|
|PDF File Size:||20.61 MB|
|Distribution:||Free* [*Register to download]|
Local Government Act (2) It extends to the whole of the Punjab except the Cantonment areas or any other area excluded by the Government by notification . P U N J AB L O CAL G O VE R N M E N T ACT 2 0 13 (A CR I T I CAL AN AL YSI S) Amjad N azeer I nstitute of D evelopment R esear ch and Cor r esponding. District Mushavirat Committee. THE PUNJAB LOCAL GOVERNMENT ORDINANCE, ronaldweinland.info 5 of
Responsibilities[ edit ] According to the Functions of Municipal Corporation under Punjab Local Government Act the Mayor shall:  Provide vision for long term development, leadership and direction for efficient functioning of the Metropolitan Corporation in consultation and coordination with Cantonment Board, housing authorities and federal agencies. Identify the needs of the urban area and evaluate and priorities them in the light of integrated development plans and the estimates of revenue and expenditure, in addition to any applicable national and provincial policies, programs and projects. Recommend to the Metropolitan Corporation strategies, programs and services to address prioritized needs. Recommend or determine the best way to implement those strategies, programs and services through partnerships, delegations, contracts and other means for the maximum benefit of the community. Maintain administrative and financial discipline of the local government. Present tax proposals to the local government. Issue executive orders to the municipal offices for discharge of the functions of the local government.
Ironically, the Act seems is going to strengthen it further at the cost of the powers of elected representatives. But hardly any resources are either indicated or readily vested at the hands of Local Government to materialize opportunity. Obviously, the chances of a-prior or on job improvement sound bleak. I ssue s a nd Conc e rns: When and how local government elections will be held is yet not clear. Extrapolating from certain statements, media reports assume the elections to be held sometimes in December this year or January next year.
But one thing is now clearer, that the Punjab Government is going to hold LG elections on non-party basis. So much so the opposition parties quit the assembly session as a token of protest but the Bill went through, anyway. Interestingly enough, 13 amendment proposals extended by a group of treasury benches were also defeatedi. The element of party based-elections was part of the draft Bill but the clause was removed later.
Save, affixing a few things here and there, that we shall further go into details hereunder, over all structure and substance of the PLG Act has been promulgated upon the template of Local Bodies Ordinance — a highly centralized system of local governance which hardly moves beyond a certain degree of de-concentration or delegation at max. Presenting its report the Special Committee on Local Government presented the key features of the would be Local Government as under One youth member and one non-Muslim member on reserved seat where at least non-Muslim voters were registered were also suggested.
Metropolitan Corporations shall consist of all the chairmen of union councils in the district and shall include indirectly elected on reserve seats by the chairman and the members of the rural union councils present and by voting. Municipal Corporations would consist of all the chairmen of union councils in the area and shall include indirectly elected on reserve seats by the chairman and the members of the rural union councils present and by voting.
Two worker members, two technocrat members, one youth member and five non-Muslim members would also be included. Criticizing the law, opposition politicians argue that all the powers of removing local representatives rest at the hands of the chief minister.
The power by some of the critics in opposition benches are being termed as the like of 58 2 B, where the president had an authority to dismiss the elected prime ministeriv.
Even the appointment of health and education authorities is vests with the provincial chief. Contrary to the provision of the CoP Article 18 Election Commission is responsible to hold elections but the law seems delegating that powers to the provincial government.
Further the opposition representatives believe that it is a violation of the Article A of the CoP which transfers political, administrative and financial controls to the local authorities.
Further weakening the Local Governments, they argue, planning, community development, literacy, law, information technology and taxation authorities have been transferred to the provincial governmentsv.
In that case terming it devolved democracy will fly back in the face of democracy itself. Nevertheless, a deeper look suggests that in certain instances, it is worse than the one installed by decades old dictatorial era.
Opposition benches even dub it to be the colonial replica of Under what powers and how the Election Commission will make it a binding remains questionable.
How will the people of the area, a voter or a citizen be able to petition for the declaration of assets or a misconduct or report overspending is also not delineated. The cases of inquiry risk becoming more a political controversy than of misappropriating funds. It asks for a clear and transparent judicial system to put in place at the local level. Adm inist ra t ive St ruc t ure a nd Syst e m: In terms of role and designation, what is substantially changed is the would be Chairmen, Vice Chairmen, Mayors and Deputy Mayors heading the Municipal Corporations, Municipal Committees, Councils and Metropolitan Corporations instead of Nazims and Naib Nazims as was the case with the former structure of local governance.
Discrimination in terms of development schemes and implementation is feared to become a structural outcome. Constitutionally speaking the powers lie with the election commission, not with the provincial government. The Government may, in the absence of broad based political consensus, face difficulties in notifying or de-notifying the boundaries of a Local Council as Union Council, a Municipal Corporation, Municipal Committee, or a Metropolis Corporation.
Not entirely the case but there are the chances of political maneuvering and influences to serve party interests, strongholds of one or the other political parties or traditional constituencies of a feudal lord or some local influential. Demarcation of Local Councils will rarely be based on population, as should be the case, particularly when all political parties are not at one page.
In case of revenue, in certain instances, it might become a serious problem of declaring or dismissing an area to be or not to be a Local Council, as the said Act has readily been qualified in Chapter II, The Constitution of Local Councils under the Clause 3, 4 and 6. Subsequently, it also states that when, as a result of such division or reconstitution, any new local government is constituted, in accordance with the provisions of this Act in the manner specified in the notification: However under the PLGA , these participatory spaces are either restricted or their scope has been highly truncated.
In that reference, given the stand-off and political expediency among three leading political parties Peoples Party, Pakistan Therik-e-Insaf and Muslim League, the demarcation and re-demarcation will remain controversial even blurred. The said powers are readily provided by the law, though the technical justifications is already outlined but the decisions, one has reason to afraid, will be done on the basis of political interests and preferences.
Every province has drafted the local government law to suit its own political considerations. The Sindh Assembly witnessed the same uproar, as was experienced in the PA, when the Sindh Local Government Act, was passed, ignoring the concerns of the opposition.
Two provinces are holding party-based elections while the largest province Punjab is going for non-party elections. Government of each party incumbent in the province will bend upon dismantling and manufacturing constituencies suiting to their voting probabilities and chances of success.
Feudal lords will be further keen on it in rural areas. To maintain centralized control, the Local Government Boards constituted under Punjab Local Government Ordinance are still allowed to administer offices and officials of the Local Council Service. The process of making sarpunches as members of the Local Councils is opaque and undemocratic.
Elected members ratio gets even thinner in other tiers of Local Councils. Say, in a Local Council, the Government shall have an authority to nominate government officials as its members. How many of them are going to be the Civil Servants is however not clear. The very act conflicts with the Section 27 2-d of the same Bill that disqualifies any government official to become the member of a Local Council Intikhab Hanif Not stopping here the Rural Councils are required to submit their regular progress reports of the implementation of the development projects to the Planning and Development Departments.
The idea of independent planning and development receives a big blow here. Contrary to the spirit of local democracy and autonomy the Government retains the suspension or dissolutions of a Councilor with itself. In not cleared from an enquiry, the Government shall hold fresh elections within three months from the date of dissolutions and so on. Under the situation drawn above, the Government may plot cases on the ground of political grievances against an individual or a party while the Government decisions are already described to be unchallengeable and final.
Rapidly transferred from place to place their term in a particular office hardly exceeds a couple of years on average. The towns could be demarcated as the central units of urban local governments while municipalities could be formed through agglomerates of towns formed into municipalities. Even larger settlements could be huddled together to form metropolises, giving way to the federating governing structures. Towns being the extension of rural society and economy and functioning as the hub of agriculture produce, marketing and exchange could be made the part of Union Councils.
Smaller municipalities, currently known as committees could be awarded the status of Union Councils. Financial autonomy is the litmus test for the degree of devolution and autonomy of collecting taxes, planning development and independently managing the affairs of local needs and services on ground. The Act appears to retain almost all such authorities with herself.
Looking through clause Chapter XVI , which states, The Government shall appoint a Provincial Local Government Commission which shall consist of persons of integrity and good track record of public service. Local Board Fund shall also be constituted under the complete jurisdiction of Punjab Government, surely managing and controlling all the local government servants, development, planning and management too.
Councils are supposed to seek approval of their development plans from Planning and Development Department.
Although, all Local Councils shall be contributing financially to ply through the affairs of the Board but they are not going to possess any authority over its governance. Revenue, receipts, rents and service charges are there but still it is evident that the Government of Punjab is controlling, dispensing, prioritizing and auditing all funds.
Financial control, what is clear, thoroughly remains in the hands of Provincial Government. However, certain inadequacies still appear to be considered further. The requirement of directly elected Councilors electing special representatives might promote favouritism or discriminiation.
Being mindful of the problems and concerns faced by minorities in every sphere of life, their effective representation and inclusiveness demand further care and consciousness at each step and all areas of concern. In addition, there are certain clauses of religious offense that readily exclude religious minorities or minoritized groups from participating in elections.
Under the circumstances, it is quite common to bring false charges against a minority person, which will suffice to disenfranchise an already marginalized group Peter Jackob 2. His view s w ere sought t hrough phone and em ail exchange. Pluralism and inclusiveness needs more proactive actions than reservation of seats alone.
It is the right of equal citizenry and respect in each area of local governance.
Though it assumes and does not specify of providing such services to majority alone but categorical reference to their specific needs is missing, which I personally think is important given the present state of discrimination and other institutions generally being oblivious to the religion, culture, traditions and values of religious minorities.
The total reserved seats, however, do approach to half the elected representatives. National Commission on the Status of Women offered an elaborate analysis and policy recommendations against Devolution Plan On reserved seats women should need to be elected directly, based on the constituencies and the seats be filled through joint electorate. Gender mainstreaming, missing in the said act, needs to be adopted as an official strategy. Gender budgeting and gender audit should be incorporated as a legislative requirement at the local level.
A certain percentage of women-specific projects be made mandatory. Management of Public Health and Public Education: Primary education and basic health, already devolved to the provinces, should have further been devolved to the Local Councils as is the case in developed countries.
But in violation to the Article A of the Constitution, it has still been retained by the province and simultaneously there are several overlaps and lack of clarities surrounding the bill.
The law provides, among other things, for the constitution of district education and health authorities. The law was supposed to devolve the two functions to the local government. In addition: Responsibility of primary education still falls within the purview of Provincial Government but several areas are yet not clear.
The provincial government is to appoint the chief executive officer of the authority: But as was seen in , general members do ask for honorarium of which The Act is silent. Without honorarium, members rarely take their responsibility seriously and do not participate in meetings for complaints, planning or implementation issues of developments at the local level. Conclusion and Policy Recommendations: The enhancement in salaries case will be presented before the cabinet committee on finance.
Meanwhile, special audit reports of Auditor General of Pakistan about the Punjab government accounts were also presented before the cabinet. After the approval of the cabinet, these reports would be presented before the Punjab Assembly. On the occasion, approval was accorded to give the status of tehsil Koh-e-Suleman to the tribal area of D. Khan and decision was also made to allocate five seats for the students belonging to the tribal areas of D.
The Cabinet also approved the financing of population welfare program Punjab through public sector development program and funds were also approved for devolved vertical programs of health and population welfare sectors.
The meeting approved temporary regulations under regulatory steps for immediate eradication of dengue disease.
The Cabinet also accorded approval to Punjab Animal Health Bill and amendments in benevolent fund rules were approved as well for reconsideration of eligibility criteria of monthly grants and increase in grant money. The meeting approved to transfer land for megawatt Karot Power Project and affairs pertaining to the royalty of liquid petroleum gas according to the market value of LPG were also approved. Under this act, a water resources commission will be set up with Chief Minister as its chairman and pumping out of the water without a license would be banned.