Status of Local Government Law in Punjab

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2 2 International Conference on Participatory federalism and De-centerlization Status of Local Government Law in Punjab 26 th September, 2013

3 Sequence of the Presentation 3 Key features of the PLGA, 2013 Instruments of effective service delivery under PLGA, 2013 Interface between elected and non-elected officials of Local Governments under PLGA, 2013

4 Detai l PLGA, 2013 Key Features 4 Rural Urban Divide, except District Lahore Term of Local Governments 5 years Age for contesting the election of local governments 25 years Election on non-party basis Elections to be conducted by the Election Commission of Pakistan Special representation of Women, Peasants / Workers, Technocrats, Youth and Minorities; also eligible to contest on general seats

5 Independent local fund of each local government Service cadre for local governments at district/divisional level Comprehensive enforcement mechanism for municipal offences May establish an authority, agency or company 5 Continued.

6 6 Continued. Local government may entrust any of its functions to the Government or to any other local government Government may decentralize or entrust any of its functions to the local government with fiscal resources Local government may assign its functions to a public/private organization or enter into public-private partnership

7 Continued. 7 Pre-audit by the Local Fund Audit Post audit by the Auditor General of Pakistan Annual and special inspections by the Punjab Local Government Commission Special Audit on the direction of Government and PLGC Citizens right to information

8 Instruments of Effective Service Delivery Urban Local Governments Metropolitan Corporation Lahore Municipal Corporations( five hundred thousand) 8 Municipal Committees (thirty thousand ) Union Councils (City Councils) Composition Rural Local Governments District Councils Union Councils (Village Councils) District Authorities District Education Authorities Detail

9 Continued. 9 Punjab Finance Commission Punjab Local Government Commission Detail Detail Panchayat for rural areas and Musalihat Anjuman for urban areas Detail

10 Financial Resources 10 Own Source Revenue Detail Punjab Finance Commission Award Provincial Grants

11 Interface between elected and nonelected officials of local 11 governments Executive authority of a local government shall vest in and be exercised by its Mayor or Chairman Performance evaluation of officers and officials of the local government to be made by elected head of the local government Elected head of the local government to evaluate progress against the key performance indicators Social and performance audit Local Government to publish information about staffing and its performance on quarterly basis for general information of public

12 THANKS 12

13 Own Source Revenue 13 UIPT (Urban local governments) TTIP (Both Urban & Rural local governments) Tax on sale of animals (Both) Rent of Property (Both) Building Plan Approval fee (Both) Change of land use fee (Both) Fee for licenses (Both) Tax on BTS towers (Both) Fee on trade & Profession (Both) Fee for registration of births and deaths (Both) Parking and bus stand fee (Urban local governments) Slaughtering fee (Urban local governments) Fee on services (Both) Water conservancy charge s(both) Back

14 Composition of Metropolitan Corporation Lahore 14 There shall be a Metropolitan Corporation for Lahore District Mode of Election Indirect Direct indirect indirect indirect indirect indirect Mayor and Deputy Mayors Membership All Chairmen of Union Councils in Metropolitan Corporation shall be ex-officio member of Metropolitan Corporation Twenty five women members Five worker members Three technocrat members Two youth members Ten persons from amongst the minority communities

15 Composition of Municipal Corporation 15 An integrated urban area having a population of more than five hundred thousand and all the Divisional HQs shall have a Municipal Corporation Mode of Election Indirect Direct indirect indirect indirect indirect Indirect Mayor and Deputy Mayor (s) Membership All Chairmen of Union Councils in Municipal Corporation shall be ex-officio members of Municipal Corporation Not more than fifteen women members Two worker members Two technocrat members One youth member Not more than five persons from amongst the minority communities

16 Deputy Mayors in Metropolitan and Municipal 16 Corporations Number of Deputy Mayors Metropolitan/ Municipal Corporation 09 Metropolitan Corporation Lahore 02 Where population of Municipal Corporation exceeds one million 01 One additional Deputy Mayor on the population of each one million of additional population The Government may, on the recommendations of the PLGC, delegate any function of Mayor to Deputy Mayor

17 Composition of Municipal Committee 17 An integrated urban area having a population between thirty thousand and five hundred thousand shall be a Municipal Committee Mode of Election Indirect Direct Indirect Indirect Indirect Indirect Membership Chairman and Vice Chairman as joint candidates A Municipal Committee shall consist of the directly elected members from the wards of the Municipal Committee- not less than eleven or more than fifty members Not more than five women members Not more than two worker members One youth member Not more than three persons from amongst the minority communities

18 Composition of District Councils 18 District Council in each District other than Lahore shall consist of the Chairmen of all Union Councils in the District Mode of Election Indirect Direct Indirect Indirect Indirect Indirect Indirect Membership Chairman and Vice Chairman as joint candidates. All Chairmen of Union Councils in the District excluding the area of the Metropolitan Corporation, a Municipal Corporation and Municipal Committee shall be the ex-officio members of District Council Not more than fifteen women members Not more than five peasants members One technocrat member One youth member Not more than five persons from amongst the minority communities

19 Vice Chairmen in District Council 19 Number of Vice Chairman Population of the District Council 02 Where population of District Council exceeds one million 01 One additional Vice Chairman on the population of each one million of additional population The Government may, on the recommendations of the PLGC, delegate any function of Chairman to Vice Chairman

20 Union Council Number of Seats in Union Councils There shall be a Union Council in rural as well as urban areas of a District except in Municipal Committees Mode of Election Membership 20 Direct Direct Direct Direct Direct Direct Chairman and Vice Chairman, as joint candidates Six general members to be elected on multimember ward basis Two woman member One peasant/worker member One youth member One member the minority communities Union Council in rural areas shall be called as Village Council and in urban area as City Council

21 Functions of Local Governments 21 Provide, manage, operate, maintain and improve the municipal infrastructure and services Sanitation and solid waste management Control over land-use, land-subdivision and land development Manage properties and assets vested in the local governments Enforcement municipal laws and regulations Back

22 22 Composition of Punjab Finance Commission The Punjab Finance Commission shall consist of the following members: Minister for Finance Chairperson Minister for Local Government Co-Chairperson five members of the Provincial Assembly of the Punjab, three nominated by the leader of the house and two nominated by the leader of the opposition in the Provincial Assembly Secretary to the Government, Finance Department Secretary to the Government, Planning and Development Department Secretary to the Government, Local Government and Community Development Department two professional members from the private sector to be nominated by the Government on such terms and conditions as may be prescribed by the Government.

23 Functions of the Punjab Finance Commission 23 The Punjab Finance Commission shall make recommendations to the Government on: a formula for resource distribution including distribution of provincial allocable amount amongst the local governments as share of each local government distribution of amounts received by the Government in lieu of Octroi and Zila Tax amongst the local governments matters relating to local government finance referred to the Provincial Finance Commission by the Government or by a local government Back

24 Composition Punjab Local Government Commission The Commission shall consist of the following: 24 Minister for Local Government Chairman Three members of the Provincial Assembly of the Punjab, two nominated by the leader of the house and one nominated by the leader of the opposition in the Provincial Assembly two eminent, qualified and experienced technocrat members, including at least one woman, selected by the Government Secretary, L G&CD Department as ex-officio member and Secretary of the Commission

25 Functions of the Commission 25 Conduct annual and special inspections of local governments Conduct an inquiry by itself or through any other agency about any matter concerning a local government Conduct a special audit by itself or direct any other agency to conduct a special audit of any local government; Resolve the disputes between any Department of the Government and a local government or between two or more local governments Conduct social and performance audit of a category of the local governments on the basis of specific performance indicators through a third party and publish the report of such audit Take cognizance of violations of laws and rules by a local government in the performance of its functions Back

26 Composition District Education and Health Authorities 26 Government shall separately establish and determine the composition of the District Education Authority and District Health Authority for each District District Education Authority and District Health Authority shall consist of the elected and other technocrat members as may be prescribed on the basis of proportion of population of the District. However, elected members shall be in majority Government shall appoint the Chairman and the Vice Chairman of each Authority Government shall appoint the Chief Executive Officer of each Authority who shall be the Principal Accounting Officer of the Authority Chairman and the Chief Executive Officer of the Authority shall be personally responsible to ensure that the business of the authority is conducted proficiently, in accordance with law and to promote the

27 27 Functions of District Education Authority establish, manage and supervise the primary, elementary, secondary and higher secondary schools, adult literacy and nonformal basic education, special education institutions of the Government in the district approve the budget of the Authority and allocate funds to educational institutions implement policies and directions of the Government including achievement of targets set by the Government from time to time for education ensure free and compulsory education for children of the age from five to sixteen years as required under Article 25-A of the Constitution ensure teaching standards, infrastructure standards, student safety and hygiene standards and minimum education standards for quality education as may be prescribed

28 Functions of District Health Authority establish, manage and supervise primary, and secondary health care facilities and institutions approve the budget of the Authority and allocate funds to health institutions provide stewardship, ownership and oversight of health service delivery at primary and secondary levels within the policy framework given by the Government coordinate planning and allocate finances for provision of service delivery at district level develop referral and technical support linkages between primary and secondary levels of health care on one hand and tertiary level health facilities and medical education institutions on the other 28 Back

29 Panchayat/ Musalihat Anjuman 29 Each rural Union Council shall constitute a Panchayat for amicable settlement of disputes in the prescribed manner Each Municipal Committee and urban Union Council shall constitute a Musalihat Anjuman for amicable settlement of disputes in the prescribed manner Each Panchayat or Musalihat Anjuman shall consist of a panel of nine members, including at least two women, to be nominated by the local governments within thirty days of the first meeting, from amongst residents of the Union Council and each Ward but the members of the local government shall not be appointed as members of Panchayat or Musalihat Anjuman Back

30 Number of Reserved Seats 30 Local Government Union Council District Council Metropolitan Corporation Lahore Municipal Corporation Municipal Committee Reserved Seats 2 women members, 1 peasant/ worker member,1 youth member and 1 member from minority communities (through direct election) 15 women members, 3 peasant members,1 technocrat member, 1 youth member and 5 members from minority communities (through indirect election) 25 women members, 5 worker members, 3 technocrat members, 2 youth members and 10 members from minority communities (through indirect election) 15 women members, 2 worker members,2 technocrat members, 1 youth member and 5 members from minority communities (through indirect election) 5 women members, 2 worker members, 1 youth member and 3 members from minority communities (through indirect election) Back