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72

Recall of a Naib Tehsil 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 VI TEHSIL AND TOWN COUNCILS 72. Recall of a Naib Tehsil Nazim.‑‑‑(1) If in the opinion of a member of Tehsil Council, there is a reason to believe that the Naib Tehsil Nazim is acting against the public policy or the interest of the people or for any other reason, he may, seconded by another member of the Council, give a notice to the Tehsil Council for moving a motion for recall of Naib Tehsil Nazim. (2) On receipt of notice referred to in subsection (1), the senior- most presiding officer in the panel referred to in subsection. (5) of section 69 shall summon a session of Tehsil Council not earlier than three days but not later than seven days, if the Tehsil Council is not already in session. (3) Where the Tehsil 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 in the Tehsil Council. (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 tehsil. (5) Where the motion is approved by a simple majority of the members of the Union Councils of the tehsil present and voting, the Naib Tehsil Nazim shall cease to hold office from, the date of notification to be issued in this behalf by the Election Authority. (6) Where the motion fails in the Tehsil Council, the proposer and seconder of such motion shall lose their seats both as Naib Union Nazims of respective Union Councils and as members of Tehsil Council. (7) The Naib Tehsil Nazim shall have the right to appear before the Tehsil Council and address it in his defence. (8) No motion for recall of Naib Tehsil Nazim shall be moved during the first six months of assumption of office of Naib Tehsil Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.