KARACHI, June 6: Sindh Governor Dr Ishratul Ibad Khan on Monday issued an ordinance effecting amendments in the Local Government Ordinance-2001 — paving the way for the appointment of caretakers of city and district governments before the local bodies elections.
The National Reconstruction Bureau vide its letter No 1(6)/2004-Ops/NRB dated June 2, 2005, had communicated the previous sanction of the president to amend the Sindh Local Government Ordinance, 2001 in terms of Article 268(2) of the constitution read with 6th Schedule thereof.
The NRB had further desired that the provincial laws are added to the 10th Schedule of the Draft Ordinance and promulgated in its entirety.
The amendments were placed before the governor for his approval for promulgation of the ordinance with immediate effect.
The ordinance provides that a local government, notwithstanding the expiry of its term of office, shall continue to hold office until the successor local government assumes office.
The government shall notify the assumption of offices by nazims, naib nazims and members of the councils.
A zila nazim, taluka nazim, town nazim, union nazim and naib union nazim shall not hold the same office for more than two consecutive terms.
Omission of section 163, Ordinance XXVII of 2001.- In the said Ordinance, section 163 shall be omitted.
Insertion of new section 179A, Ordinance XXVII of 2001.- In the said Ordinance, after section 179, the following new section shall be inserted:
“179A. Conduct of elections.- (1) Notwithstanding anything contained in this Ordinance, for the elections to be held in the year two thousand and five, immediately on notification of the schedule for elections in district or districts by the chief election commissioner, the zila council, taluka councils, town councils and union councils in such district or districts shall stand dissolved and all nazims, naib nazims and members of the councils shall cease to hold their respective offices.
“Within 24 hours of the announcement of the schedule for local government elections by the chief election commissioner, the provincial chief secretary shall appoint government officers as caretakers to perform the functions and exercise the power of the nazims of the respective local governments till the newly elected nazims take oath of their offices.
“The elected members of zila councils, taluka councils, town councils, union councils and zila nazims, taluka nazims, town nazims and union nazims shall assume the charge of their respective offices within seven days of the notification of the result of district and taluka level elections by the chief election commissioner under Section 164 of this ordinance.
“During the election period the caretakers provided in sub- section (2) are looking after the affairs of the local governments, no new development scheme shall be initiated nor shall the government or the caretakers or any other officer of a local government make posting and transfer of any officer or official of the local government without the prior approval of the chief election commissioner.
“This section shall only be for the local government elections held in 2005 and shall cease to have any effect and be deemed to be omitted from this Ordinance forthwith on the completion of assumption of offices referred to in sub- section (3).”
Substitution of sections 195, Ordinance XXVII of 2001.- In the said ordinance, for section 195 the following shall be substituted:
“195. General powers of local governments, etc.- Notwithstanding any specific provision of this Ordinance, every local government, village council and neighbourhood council shall perform their functions conferred by or under this Ordinance and in performance of their respective functions shall exercise such powers and follow such procedures as are enumerated in the Sixth Schedule.”
Addition of New section 198, Ordinance XXVII of 2001.-In the said ordinance, after section 197, the following new section shall be added:
“198. Amendment of Schedules.- The government may, by notification in the official gazette, amend or vary the fines specified in the Eighth Schedule or add or exclude any offence from the Fourth and Eighth schedules.”
Amendment in the Second Schedule, Ordinance XXVII of 2001.- In the said ordinance, in the Second Schedule.