Tenure of local govts to vary between three and five years

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ISLAMABAD, Oct 18: The tenure of local governments in all the four provinces will vary between three and five years, with Sindh and Balochistan choosing the period in between the two.

A perusal of local governments’ laws passed by three provincial governments and a draft law yet to be passed by the Khyber Pakhtunkhwa Assembly shows that KP has proposed a term of three years for local governments while the tenure in Punjab will be five years.

The term of office of all local governments will commence on the date when the first meeting is held.

Punjab and Sindh have set a maximum of one month for holding the first meeting after notification, while KP proposes it to be done within 15 days.

The local government law of Balochistan does not specify the period within which the first meeting is to be held. The clause about the term in the Balochistan local government act reads: “The term of office of a local council shall be four years, or such other period as the government may specify, commencing on the day on which it assumes office….”

Different sets of qualification and disqualification have been designed by provinces for local governments. In three provinces, candidates for local bodies should not be less than 21 years of age on the last date fixed for filing nomination papers. In Punjab the requirement is not less than 24 years of age, except for youth representatives.

Under Sindh’s local government law, a person would not be eligible for election as a member of the council if he or she had worked against the integrity of the country or opposed the ideology of Pakistan.

Under Balochistan’s act and the proposed law in KP, a person possessing assets inconsistent with his declaration of assets or justifiable means of income would be disqualified for an elective office.

Those who have been adjudged as wilful defaulters of any tax or other financial dues owed to the federal, a provincial, or a local government or any financial institution, including utility bills outstanding for six months or more, will also be disqualified to contest local government elections in the two provinces.

A person having been convicted by a court of competent jurisdiction for a term exceeding two years for an offence involving moral turpitude or misuse of power or authority under any law unless a period of three years has elapsed since his release is disqualified under the law in Sindh. The same provision is there in the law in Punjab, but a period of five years is required after release.

The proposed law in KP does not specify any minimum timeline for disqualification on account of conviction on the same charge, but gives clean chit to those who complete five years after their release, while the law in Balochistan neither mentions the minimum time of sentence for disqualification on the basis of same charge, and closes the doors permanently on convicts.

Under the laws in Sindh and Punjab, those convicted for an offence involving activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan are allowed to contest elections for the local government after completing three and five years respectively after the release.

DECLARATION OF ASSETS: The public office holders in all the provinces will be required to declare their assets, but Balochistan is the only province where chairmen, vice chairmen and members of local councils will be required to submit the same before entering office.

Section 27 of the Balochistan local government act reads: “Every chairman or vice chairman or member of local council, shall before he enters in office, submit to the prescribed authority in such manner as the government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Pakistan, which he or any member of family owns, or which he has in his possession or under his control, or in which he or any member of his family has any pecuniary interest.”

The law has explained that members of family include spouse, parents, legitimate or adopted children, servants and relatives residing and fully dependent on him.

The local government law in Sindh requires that every mayor, deputy mayor, chairman, vice chairman and member of every council to submit within 30 days of making oath a declaration of his assets and liabilities.

Sindh is the only province to have prescribed suspension of those who will fail to do it within the deadline for filing of the declaration. Laws of all other provinces are silent over the matter and do not specify what is to be done in case of default.

Under the local government law in Punjab and the proposed law in KP, the elected representatives are required to declare their assets after taking oath of their office, but no deadline has been mentioned.

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