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ACT V OF 2010 ACT V OF 2010 BALOCHISTAN LOCAL GOVERNMENT ACT, 2010 An Act to provide for the constitution and continuance of Local Government Institutions in Balochistan, and to consolidate law relating to the Local Government and to provide for the matters connected therewith and ancillary thereto. [Gazette of Balochistan, Extraordinary, 13th May, 2010] No. PAB/Legis: V(8)/2010, dated 13-5-2010.---The Balochistan Local Government Bill, 2010 having been passed by the Provincial. Assembly of Balochistan on 10th May, 2010 and assented to by the Governor, Balochistan on 11th May, 2010 is hereby published as an Act of the Provincial Assembly. Preamble.---Whereas the Constitution of Islamic Republic of Pakistan under Article 32 requires the State to encourage Local Government Institutions composed of elected representatives of the areas concerned and having special representation of peasants workers and women: Whereas the Constitution requires the provincial, government to decentralize the government administration under Article 140-A so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public: And Whereas it is expedient to consolidate the law relating to Local Government Institutions so as to the obligation in line with the requirements of the Constitution: Now therefore, it is enacted as under: CHAPTER- IV LOCAL COUNCIL ELECTIONS 24. Qualifications for candidates and elected members.---(1) A person shall qualify to be elected or to hold an elective office or membership of a local council, if he- (a) is a citizen of Pakistan; (b) is not less than twenty one years of age on the last day fixed for filing the nomination form; (c) is enrolled as a voter in the electoral roll of the relevant ward; (d) is of good character and is not commonly known as one who violates Islamic injunctions: Provided that the condition at (d) shall not apply to a person who is a Non-Muslim, but such a person shall have a good reputation: (e) has not been declared by a competent court to be of unsound mind; (f) is not in the service of the Federal Government, a Provincial Government or a local council or any statutory body or a body which is controlled by any such government or council or, in which any of such government or council has a controlling share or interest, except the holders of elected public office and part-time officials remunerated either by salary or fee: Provided that in case of a person who has resigned or retired from such service, a period of not less than six months has elapsed since his retirement; (g) is not under contract for work to be done or goods to be supplied to the Local Council concerned or has otherwise any pecuniary interest in its affairs; (h) has not been dismissed, removed or compulsorily retired from public service on the grounds of moral turpitude; (i) does not possess assets which are inconsistent with his declaration of assets or justifiable means, whether held in his own name or of the dependents or any other person or corporate body in whose name assets are held in trust or under any other formal or informal arrangement whereby the de facto control of such assets including their sale transfer or pecuniary interest is retained by him; (j) has not been adjudged a willful defaulter of any tax or other financial dues owed to the federal government, a provincial government, or a local council or any financial institution, including utility bills outstanding for six months or more; (k) has not been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; (1) has not been sentenced to imprisonment for more than three months for an offence under any law unless a period of not less than five years has elapsed since his release; and in case of a member or a holder of a public office, has not been sentenced to imprisonment; (m) has not failed to file the required return of election expenses or is not convicted for exceeding the prescribed limits of election expenses: (n) has not been declared an un-discharged insolvent by any court; (o) does not engage in and transaction involving pecuniary interest with the local council of which he is a member; (p) does not absent himself without reasonable cause from three consecutive meetings of the council of which he is a member: Provided that a member shall not be disqualified if the absence was necessitated by an emergency or force majeure; and (q) has not been, and is not, involved, in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society. (2) Whoever-- (a) is found by the Election Commission to have contravened the provisions of subsection (1) shall stand disqualified from being a candidate for election to any office of the local council for a period of four years; or (b) having been elected as a member of a local council or being a holder of an elective office of the local council is found by the Election Commission to have contravened the provisions of subsection (1) shall cease forthwith to be an elected member or to hold the office of such Local Council and shall also stand disqualified from being a candidate for election to a local council for a period of four years.