129

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 - XIII SUPERVISION OF LOCAL COUNCILS 129. Dissolution and Suspension.---(1) Government may by notification in the official Gazette dissolve or suspend a Local Council for a period specified in such notification and appoint any person as Administrator if there are reasons to believe that a Local Council: (a) Is unable to discharge or persistently fails to discharge its duties; or (b) Is unable to administer its affairs for meeting its financial obligations; or (c) Generally acts in a manner contrary to public interest; or (d) Otherwise exceeds or abuses its powers. (2) On publication of a notification under subsection (1); (a) Person holding offices as Chairman/Vice-Chairman, or Mayor/Deputy Mayor as the case may be, and members of the Local Council shall cease to hold offices; (b) all functions of the Local Council shall, during the period of suspension, be performed by such person or authority as Government may appoint in this behalf; and (c) all funds and property belonging to the Local Council shall, during the period of suspension, vest in Government. (3) Government shall hold or cause to be, held an inquiry into charges on which a Local Council is suspended and if, within a period of two months, from the date of the suspension of the Local Council, the inquiry is not completed, the Local Council shall stand re-instated. (4) If, as a result of the inquiry, the charges against the Local Council are proved, Government may dissolve the Local Council. (5) When a Local Council is dissolved- (a) Government shall order fresh elections, for the remaining term of the Local Council, if the remaining term is not less than six months; and (b) If the remaining term of the Local Council is less than six months, the person or authority referred to in subsections (2)(b) shall continue to perform the functions of the Local Council and its funds shall continue to vest in the Government till the re-constituted Local Council assumes office.