LAHORE, June 6: Governor Khalid Maqbool promulgated on Monday the amended Punjab Local Government Ordinance. Talking to reporters, Punjab Law Minister Basharat Raja said a bill in this respect would be presented in the assembly after the budget session for approval. However, the date for local bodies election would be announced soon after the budget, he added.
Under the promulgated law, a candidate for the office of district, tehsil or town nazim, securing highest number of votes against other candidates shall be declared elected.
Similarly, a union nazim and naib nazim as joint candidates securing highest number of votes against other’s joint candidates shall be declared elected.
Under the amended law, after the date of dissolution of the councils, the provincial chief secretary shall appoint officers as caretakers.
They shall exercise powers of the nazim of the respective local governments till the newly-elected nazims take oath of their offices.
If a nazim deliberately avoids or abstains wilfully or fails to comply with the directions given by the chief executive of a province under section 128, he may be suspended for 90 days.
During the suspension period, an inquiry shall be conducted by the provincial local government commission which shall provide an opportunity to him for personal hearing.
In case a law and order situation arises and the district nazim wilfully abstains from the district, the government may authorize the naib district nazim and where the naib district nazim is also not available, the senior-most presiding officer of the district council will act as officiating district nazim.
According to the amended law, the government may review approved budget of the local government and if found contrary to the budget rules, may require the concerned local governments for rectification.
The budget document shall be prepared in accordance with the chart of classification of accounts notified by the auditor-general from time to time. It has also been proposed that a union council shall comprise 13 instead of 21 members.
In case, the naib district nazim fails to convene the meeting for election of officiating district nazim from amongst the members of the council within 10 days, the naib district nazim shall be liable to misconduct, and the senior-most presiding officer shall convene the meeting of the council. Under the promulgated law, the directions and orders of the Provincial Local Government Commission shall be binding on the local governments, failing which the commission shall report the matter to the chief executive of the province for decision and action.
Where the commission is of the opinion that suspension of a nazim is necessary in the light of an inquiry against him, it shall recommend the suspension of the nazim for 90 days.
If a nazim, naib nazim or a council member is found guilty of misconduct by the commission, it shall recommend action, including his removal, to the chief executive of the province.
In case a resolution of the district nazim is not in conformity with law or is against the interest of the people, it may be suspended by the chief executive of the province and matter shall be referred to the commission.
Under the amended law, the nazims and naib nazims shall be empowered to take disciplinary action against the local government functionaries of their respective establishments and be responsible for effective implementation of all efficiency and disciplinary rules by Dec 31, 2005.
The provincial government calls for information and reports from the local governments through TMOs.
The district nazim shall cease to hold office if a two-third majority of the council gives vote against him through a secret ballot.
A district nazim shall nominate a deputy district officer at tehsil level to develop liaison with the provincial government.
A clause of misconduct has been included in the ordinance. Misconduct means transgression of prescribed code of conduct or dereliction from duty or deliberate unlawful behaviour or violation of law or rules or orders of the government.