RULE

Balochistan Local Government Commission Rules 2004 Balochistan Local Government Commission Rules 2004 [Gazette of Balochistan, Extraordinary, 3rd August, 2004] No.1-104/2004(BLGB)/AO-IV, dated 3-8-2004.---In exercise of the powers conferred by section 191 read with section 131 of the Balochistan Local Government Ordinance, 2001 (XVIII of 2001) the Government of Balochistan is pleased to make and promulgate the following rules, namely:-‑ CHAPTER - I PRELIMINARY 1. Short title and commencement.--(1) These rules may be called the Balochistan Local Government Commission Rules, 2004. (2) These Rules shall come into force at once. 2. Definitions.--(1) In these rules unless there is anything repugnant to the subject or context the following expressions shall have the meanings hereby assigned to them:-‑ (a) "Audit Officer" means a qualified officer nominated by the Director General Audit for District and/Director Local Fund Audit of Balochistan Province for Tehsil Municipal Administration and Union Administration or the successor of the said authorities. (b) "Annual Report" means the consolidated report regarding all activities of the Local Governments, inspections, audit, inquiries and recommendations to be submitted to the Chief Executive by the Commission after close of financial year; (c) "Business" means all work done by the Commission as envisaged under the Ordinance; (d) "Chairman" means the Provincial Minister for Local Government or in his absence any member of the Commission nominated by the Chairman; (e) "Commission" means the Balochistan Local Government Commission constituted in accordance with the provisions of section 131 of the Ordinance; (f) "Inspection" means the inspection of all records, works and offices of the Local Governments in accordance with these rules; (g) "Inspecting Officer" means Chairman or any member of the Commission or any officer not below the status of the concerned District Coordination Officer, Tehsil Municipal Officer or Secretary Union Administration or any other Officer as the case may be whose office has to be inspected notified by the Commission to conduct inspections; (h) "Institution" means the City/District Government, Town/Tehsil Municipal Administration and Union Administration and may include the Citizen Community Boards and the Village Councils as defined and constituted in accordance with the provisions of the Ordinance. (i) "Meeting" means an ordinary or special meeting of the Commission; (j) "Member" means the Chairman or any member of the Commission notified in accordance with the provisions of section 131 of the Ordinance. (k) "Ordinance" means the Balochistan Local Government Ordinance, 2001; (l) "Province" means the Province of Balochistan; (m) "Rules" means rules of the of Local Government Commission. (n) "Secretary" means the Secretary Local .Government of Balochistan or in his absence any authorized Officer who is assigned the task to facilitate carrying out the day to day secretariat activities of the Commission. (o) "Special audit" means an audit of a Local Government or a public office ordered by the Commission at any stage during the financial year; (p) "Technocrat" means a person who possesses at least a Masters "degree in related field (Public Administration, Economics, Finance or Law) with practical experience of at least 10 years in public sector; (2) Words and expressions used herein but not defined in these rules shall have the same meanings as are assigned to them in the Balochistan Local Government Ordinance, 2001. CHAPTER ? II 3. Pay and Privileges of Commission members.--The members of the Commission shall be entitled for pay and privileges as may be determined by the Government. CHAPTER ? III CONDUCT OF BUSINESS 4. Quorum of the Commission.---(1) The Quorum of the Commission shall be at least fifty per cent. of its total membership including the Chairman. (2) Each member of the Commission including the Chairman shall have one vote on the decisions. (3) If any member after casting his/her vote still feels the majority has been mislead or the decision does not meet the ends of justice, he may furnish his dissenting note. (4) in case of a tie, the Chairman shall have a casting vote. 5. Conduct of Meetings.---The business of the Commission shall be conducted in its ordinary meeting, which shall be held at least once in every month. (a) The Chairman shall convene the meeting of the Commission in its secretariat or any other place in the Province with the consent of members during, the office working hours of the Government with seven days prior notice which shall mention agenda of the meeting. (b) The majority of members may requisition the Commission to meet, in a written request bearing the signatures of' the members, addressed to the Chairman. (c) If the Chairman in spite of receiving a request does not convene the meeting within fifteen days, then the members may refer the matter to the Chief Executive of the Province. (d) If the Chairman is of the considered opinion that circumstances exist or he receives requisition from the majority members, which necessitates to convene an emergency meeting, he may do so with at least two days notice, in the manner specified in sub-rule (a). (e) Provided that after communicating the reasons, the Chairman may not convene an ordinary meeting of the Commission in a particular month, but the Commission has to meet in the subsequent month. (f) The Commission shall hold at least ten ordinary meetings in a year. (g) the proceedings of the meeting shall be recorded by the Secretary Local Government or in his absence by any officer nominated for the purpose. (h) All the executive authority, vests with the Chairman to execute the decisions of the Commission, and the administrative orders shall be issued by the Secretary with the prior approval of the Chairman. (i) The members may distribute the work of the Commission amongst themselves, through consensus or voting. (j) the issues shall be discussed in accordance with the order of agenda, until the majority of the members decide that there is any matter more important, which needs to be discussed urgently. (k) The minutes of each meeting shall be confirmed in the subsequent meeting. 6. Removal/Resignation of the Members.--(1) Any member of the Commission may submit his resignation to the Chairman, recording the reasons thereof; (2) A member may be recommended for removal, if in the opinion of the Commission his continuation in office is against the public interest for approval of the Chief Executive of the Province. 7. Filling of a vacant position.--In case of death of a member or reasons mentioned in rule 6 or any other reason a member seizes to function, the Chairman shall communicate the matter to the Chief Executive of the Province, and the position shall be filled immediately in the same manner as the incumbent was selected as member. CHAPTER ? IV FNCTIONS OF THE COMMISSION 8. Functions.--The Commission shall devise ways and means and shall develop mechanisms to monitor the activities of the Local Governments and other grass root institutions; for implementation of the said purpose the Commission shall conduct inter alia the following acts: (a) Develop a data base to record the activities of the Local Government Institutions at all levels to ensure that the councils hold their respective sessions, the monitoring committees are functionalized and their reports are furnished within the stipulated time period. (b) For the above purpose all the Local Government Institutions shall furnish to the "Commission, the required information in the prescribed manner within the stipulated period. (c) The authorized members or officers may conduct inspection of any Local Government. (d) Conduct the special audit of a Local Government institution. (e) The Commission may order inquiry in the affairs of any Local Institution or public office. (f) Resolve disputes between any department of the Government and District Government or between two District Governments/Town/ Tehsil and Union Administrations. 9. Executive Authority.---Executive authority of the Commission shall be exercised by the Chairman through the Secretary. CHAPTER ? V POWERS OF THE COMMISSION 10. Powers.---(1) The Commission, any of its authorized member, any authorized inquiry or inspecting officer, while holding an inquiry or inspection shall have the powers of a civil Court in the following matters. (a) Summoning and enforcing the attendance of any person and examining him on oath. (b) Requiring the recovery and production of any document. (c) Receiving evidence on affidavit. (2) The Commission, any of its members, any inquiry officer, or inspecting officer duly authorized by the Commission shall have the power to require any person to furnish such information as may be useful for the subject-mater of the inquiry or inspection. (3) Any authorized Member or officer may enter into any building for inspection, survey of immovable property, in work in progress under the supervision of Local Government or place where there is reason to believe that any article, books of accounts relating to subject-matter of inspection or inquiry may be found and such officer or member may take into custody or seal such article, documents, books of accounts, documents or take extracts from such books or documents. (4) The proceedings under these rules shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (XLV of 1860). 11. Finances.--The annual budget duly approved by the Commission shall be within the authorized appropriation and control of the Secretary who shall, for this purpose exercise all the financial and administrative powers as are delegated to an administrative ,Secretary or Principal Accounting Officer of a department. The Secretary, Local Government Department shall appoint Drawing and Disbursing Officer from amongst the officers of the Local Government Department to operate the accounts of the Commission as per provisions of the General Financial Rules. 12. Secretariat.---The Local Government and Rural Development Department of the Province shall be the Secretariat of the Commission and shall render assistance in the proper functioning of the Commission. Without prejudice to the generality of this provision, the Secretariat shall be responsible for:-‑ (a) The proper functioning of the Commission and shall provide all assistance to the members and Chairman of the Commission. (b) Preparation of working paper and its circulation amongst the members and recording minutes of the meetings of the Commission. (c) Monitoring and implementation of the decisions of the Commission. (d) Preparation of annual reports about the performance of the Local Government at District, Tehsil and Union level as well as the Local Government Commission itself. (e) Preparation of drafts, reports or summaries and other assignments to be presented to the Chief Executive of the Province with the approval of the Chairman. (f) Any other assignment given by the Chairman or Secretary of the Commission or by the Chief Executive of the Province. CHAPTER - VI INSPECTIONS 13. Regular annual inspection of Local Government.--The working of the Local Government shall be inspected at least once in every financial year by the authorized inspecting member or the officer of the Commission. 14. Special inspection.---The inspection of Local Government may be undertaken by the Commission when the Commission considers and decides it to be necessary, or it receives a direction from the Chief Executive of the Province for doing so. 15. Manner of Inspection.---(1) The Commission shall draw and approve a schedule of regular annual inspection for each month. (2) The dates of inspection shall be communicated by the respective inspecting officer appointed by the Commission to the concerned Local Government in shape of letter or memo. at least fifteen days before inspection. (3) As soon as the letter of inspection issued under sub-rule (2) is received by the respective Local Government, the concerned Nazim shall circulate the letter so received to all officers responsible for keeping the record. (4) A notice shall also be affixed on conspicuous places by the concerned Nazim for information of general public that the inspecting officer named in this behalf is undertaking inspection of Local Government on given dates, so that any citizen, registered voter or tax payer of Local Government may make complaint or representation to the inspecting officer during inspection. 16. Inspection Report.---(1) The inspection report shall be discussed by the inspecting officer with the Nazim concerned in a meeting and both of them shall affix their signature on the report as a token of discussion. The inspection report shall be submitted by the inspecting officer to the Commission within thirty days after inspection of a Local Government. (2) Provided that if the concerned Nazim refuses to sign the inspection report in the manner specified in sub-rule (1) then he may send a dissenting note to the Commission, within fifteen days after the inspection took place, stating thereby the detail grounds for doing so. (3) The inspection report so received shall be examined and evaluated by the members of Commission in the ensuing meeting of the Commission. (4) A copy of the inspection report shall be sent to the Local Government concerned with the recommendations and orders of the Commission, if any, for immediate and necessary action. 17. Action on inspection report.---(1) On receipt of inspection report from the Commission, the concerned Nazim of Local Government shall take immediate steps to act upon the recommendations of the Commission. (2) After attending to the observation of the inspection report and implementing the recommendations of the Commission, the Nazim of the respective Local Government shall send compliance report to the Commission within thirty days. CHAPTER ? VII DISPUTES AND INQUIRIES 18. Settlement of dispute.---The Commission shall be responsible for the settlement of disputes between any Department of the Government and the District Government and between two District Governments. 19. Manner of settling the dispute.---(1) When two or more District Governments are unable to settle their dispute amicably the aggrieved District Government shall refer the matter of dispute to the Commission for settlement. (a) The formal request to the Commission by a District Government shall be made in writing in shape of memorandum containing the detail of dispute and the matter containing the claim of District Government. (b) On receipt of memorandum or requests of settlement of claim or dispute, the Commission shall discuss the matter in its meeting and may appoint an officer or committee for inquiring into the dispute, if deemed necessary. (2) The Commission, inquiry officer or the inquiry committee, as the case may be, shall examine the record and hear the representatives of concerned District Governments and may also make such inspection as are considered necessary to settle the dispute. (3) After completion of hearing and inspection, the inquiry officer or the inquiry committee shall send the inquiry report along with recommendations to the Commission within thirty days of the orders of such inquiry. (4) The Commission shall discuss the inquiry report and pass an appropriate order which shall be binding on the parties in dispute. 20. Inquiries.---The Commission may conduct inquiry into any matter concerning a Local Government on its own initiative or whenever it is directed by the Chief Executive of the Province. 21. Instances of inquiries.--The inquiries may be initiated by the Commission in the following instances: (a) On receipt of direction from the Chief Executive of the Province or on such other grounds upon which the Commission itself comes to the conclusion that an inquiry is necessary into the affairs of a Local Government. (b) On the direction of the Government under subsection (4) of section 30 of the Ordinance, where the performance of a District Coordination Officer of a District Government is reported by the concerned Nazim to be unsatisfactory, and the Government considers that an inquiry into the matter is necessary. (c) On the report of District Coordination Officer under section 28(3) of the Ordinance, where in the opinion of the District Coordination Officer an order of Zila Nazim is motivated or unlawful, and he seeks recourse in writing to the Commission, and (d) In case of dispute between two or more District Governments and a department of the Government, when recourse is sought to the Commission in writing for settling the dispute. (e) On the complaint of any citizen or public servant living in the jurisdiction of the Local Council, whose life is negatively affected by any act of the concerned Local Government. 22. Procedure and manner of inquiry.---(1) The Commission shall look into the material available to it for the purpose of initiating inquiry proceedings into the affairs of a Local Government and frame the issues containing points to be determined and shall decide whether the inquiry is to be conducted by the Commission itself or through any administrative department of the Government. (2) In the case the Commission decides to refer the matter to the administrative department of Government for inquiry, the issues framed under sub-rule (1) shall be sent to the Secretary to Government of an administrative department concerned for initiating inquiry proceedings and sending his report within thirty days. Where the Commission decides to hold the inquiry by itself, it may appoint inquiry officer or preferably inquiry committee to proceed further into the matter. (3) The inquiry officer or inquiry committee shall complete the inquiry within thirty days. In case the inquiry is not completed within the prescribed time the inquiry officer or the inquiry committee, as the case may be, may seek the extension of time by giving reasons in writing to the Commission. (4) The inquiry officer or the inquiry committee as the case may be shall inquire into the charges and may examine such oral and documentary evidence as may be necessary. (5) The inquiry officer or inquiry committee, as the case may be, shall send the inquiry report with recommendations, within seven days of the completion of inquiry, to the Commission. 23. Action on the inquiry report.---(1) On receipt of inquiry report by the Commission from the inquiry officer or inquiry committee, it shall be examined by the Commission or member concerned who shall evaluate it and send the matter for discussion in the meeting of the Commission. (2) The inquiry report along with recommendations of the members or the Commission shall be reviewed in the meeting of the Commission and that recommendations shall be prepared and approved by the Commission for onward transmission to the quarter concerned. (3) The findings, recommendations and orders of the Commission related to the disputes or other matters concerning the Local Government shall be sent to the parties concerned and the respective administrative department. CHAPTER ? VIII REWARDS AND INCENTIVES 24. Rewards for best performance.---(1) Based on monitoring, inquiry, inspection and audit reports the Commission may recommend the best District, Tehsil, Union Councils, Village/neighbourhood Councils, District Public Safety Commissions or monitoring committees, Citizens Community Boards for reward to the Chief Executive of the Province, which shall be in the shape of certificates, cash, souvenir etc. (2) The Commission shall make recommendations for rewards in the annual report. 25. Acts done in good faith.---No suit, prosecution or other legal proceedings shall lie against any member of the Commission or inquiry/inspecting officer appointed by it for any thing done or action taken under these rules in good faith. ***