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24

Internal recall of a Zila Nazim

Act: Balochistan Local Government Ordinance 2001

Section Provisions

ORDINANCE XVIII OF 2001 ORDINANCE XVIII OF 2001 BALOCHISTAN LOCAL GOVERNMENT ORDINANCE, 2001 An Ordinance to establish, reconstruct and regulate the Local Governments in the Province of Balochistan [Gazette of Balochistan, Extraordinary, 9th August, 2001] No. Legis:I‑122/Law/2000‑111, dated 9‑8‑2001.‑‑‑The following Ordinance made by the Governor of Balochistan on 8th August, 2001 is hereby published for general information: Whereas it is expedient to devolve political power and decentralize administrative and financial authority to accountable Local Governments for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grass‑root level; And whereas the Provincial Assembly of Balochistan is dissolved, the Governor is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in pursuance of Article 4 of the Provisional Constitution (Amendment) Order, 1999 (Chief Executive's Order No.9 of 1999 and in exercise of all powers enabling in that behalf, the Governor of Balochistan is pleased to make and promulgate the following Ordinance:‑‑ CHAPTER III DISTRICT GOVERNMENT 24. Internal recall of a Zila Nazim.‑‑‑(1) If in the opinion of a member of the Zila Council, there is a reason to believe that the Zila Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity for improvement in governance and service delivery to the people within the ambit of his responsibilities, he .may, seconded by another member of the Council; give notice to move a motion in the Zila Council through Naib Zila Nazim for recall of the Zila Nazim. (2) On receipt of notice referred to in subsection (1), the Naib Zila Nazim .shall summon a session of Zila Council not earlier than three days but not later than seven days, if the Zila Council is not already in session. (3) Where the Zila Council is already in session, the motion referred to in subsection (1) shall be taken up for deliberations on the next day from its receipt by the Naib Zila Nazim. (4) If the motion referred to in subsection (1) is approved by majority of the votes of its total membership through a secret ballot, the Election Authority shall cause a vote to be cast by the members of Union Councils in the district. (5) Where the motion is approved by simple majority of the total number of members of the Union Councils in the district, the Zila Nazim shall cease to hold office from the date of notification issued in this behalf by the Election Authority. (6) Where the motion fails in the Zila Council, the proposer and seconder of such motion shall lose their seats both as Union Nazims and members of Zila Council. (7) The Zila Nazim shall have the right to appear before the Zila Council and address it in his defence before approval or rejection of motion referred to in subsection (5). (8) No motion for recall of Zila Nazim shall be moved during the first six months of assumption of office of Zila Nazim nor shall such motion be repeated before the expiry of twelve months from the rejection of previous motion. Explanation.‑‑for the purpose of this section and other provisions of the Ordinance, the expression "Election Authority" shall mean the authority nominated by Government for causing voting of the members of Union Councils, Village Councils, Neighbourhood Councils, whenever so required for recall of Zila Nazim, Tehsil Nazim, Town Nazim or, as the case may be Union Nazim.