KARACHI, Feb 24 The broad principle enunciated by Chief Minister Syed Qaim Ali Shah at a press conference on Wednesday — that district coordination officers (DCOs) across Sindh would be made administrators in their respective districts — has sparked a controversy over the legality of handing over two separate but highly powerful posts to one bureaucrat.

The Sindh Local Government Ordinance, 2001 envisaged separate functions for the nazim, the naib nazim, the zila council and the DCO.

However, the recently-promulgated Sindh Local Government (second amendment) Ordinance, 2010 allows the provincial government to appoint civil servants and other officials administrators “who shall perform the functions and exercise the powers of the Nazims of respective local governments, till the newly elected Nazims take oath of their offices”.

However, both the Sindh Local Government Bill, 2010 — which was unanimously passed by the Sindh Assembly — and the ordinance which subsequently amended it remain silent about the role of DCOs in the interim set-up, which is likely to function for at least four months.

The chief minister's announcement clearly indicated that the provincial government is unwilling to appoint two officers to the coveted posts of administrator and DCO for a district.

Analysts familiar with the local government laws told Dawn that the amalgamation of the post of DCO and nazim in one administrator would cause serious problems in the functioning of the local governments.

They elaborated that under the SLGO, 2001 the role of nazims was to provide vision for district-wide development, leadership and direction for efficient functioning of the district government whereas the DCO was responsible for the implementation of the nazim's policy and directives.

Under the SLGO, 1979, the analysts said, the mayor of a city worked independently and he was assisted by a municipal commissioner who headed the district hierarchy and continued to function even when the government replaced the mayor with an administrator.

Sources said that in 2005 DCOs were made 'caretakers' in place of nazims through an amendment in Section 179 of the SLGO, 2001.

“It was mentioned in Section 179-A of the amended ordinance that the appointment of caretakers in place of nazims was only for the local government elections of 2005. Although the appointment of caretakers was also in contravention with the spirit of the SLGO, 2001, their powers were limited to an extent that they could not transfer or post any official without the prior approval of the chief election commissioner,” said a source.

“However, the present-day administrators are more powerful than even elected nazims since they not only have the powers of nazims, but also the powers of naib nazims, the zila council as well as the administrative authority of the DCO.”

“This is an administrative fault delegating powers of DCO to the administrators is absolutely wrong and tantamount to ruining the concept of decentralisation of powers,” he observed.

The Feb 23 gubernatorial ordinance that allows the provincial government to appoint officers of grade 19 or above administrators for the district governments has also came under criticism since it is seen in contravention with the SLGO, 2001.

The provincial government did not bring an amendment or omit the relevant provision of the SLGO-2001, which deals with the appointment of the DCO, in its local government bill, 2010.

Section 28 of the SLGO, 2001, which still holds the field, states “In every district, the Government shall appoint a District Coordination Officer who shall be a civil servant of the Federation or of the Province, as far as possible in Basic Scale 20 Provided that in a City District, the District Coordination Officer may be a civil servant of the Federation or Province in Basic Scale 21”.

The sources said that if a Grade-20 officer is required to hold the post of DCO in a district, then how a Grade-19 officer could be made the administrator of a district.