Chapter – V) Composition and Structure of Local Governments #
13. Local government structure.– #
(1) A local government of a Metropolitan Corporation and a District Council shall consist of:
(a) Head of a local government;
(b) two Deputy Mayors in Metropolitan Corporations;
(c) one Deputy Mayor of each Tehsil in each District Council;
(d) a nominated Head’s cabinet comprising of such Councillors and technocrats as provided in section 14 of this Act except for a Union Council;
(e) a Council comprising of such number and description of Councillors, including the Speaker, as is given in First Schedule of this Act; and
(f) an administration comprising of officers and servants in a local government.
(2) The Secretary with the approval of Minister, may establish one or more municipal units in a local government for performance of its functions.
(3) The local governments of Union Councils shall consist of:
(a) Chairperson and Vice Chairperson;
(b) five Councillors elected on general seats;
(c) one seat reserved for workers in an urban Union Council or for peasants in a rural Union Council;
(d) one seat reserved for religious minorities;
(e) two seats reserved for women;
(f) one seat reserved for youth; and
(g) an administration comprising a Secretary Union Council and the members of ancillary staff, as may be determined by the Secretary;
provided that in case there is no candidate in an electoral unit to contest election against the seat reserved for religious minority, such seat shall be deemed to be an additional seat reserved for worker or peasant, as the case may be.
(4) The Vice-Chairperson of a Union Council shall act as the Speaker of the Council.
(5) Every local government, so constituted, shall be a body corporate having perpetual succession and a common seal, and subject to the provisions of this Act, shall have power to acquire, hold and transfer property, both movable and immovable, to contract and to do all other things necessary for the purposes of its constitution; and shall by its name sue and be sued.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 12-15 | 18 | 13 | 14-21 | 13 |
Comments
Unlike the local government systems provided in the Punjab Local Government Act, 2013 and the Punjab Local Government Act, 2019, the present Act introduces a quite different local government system containing a Metropolitan Corporation and a District Council as higher independent parallel tiers in a District and Union Councils as an independent lower tier within the local areas of the Metropolitan Corporation and a District Council. There is no Municipal Committee or Town Committee as an independent urban local government. Instead the local areas of the defunct Municipal Committees and Town Committees have become part of the respective District Councils but in order to retain their urban characteristics, provision of sub-section (2) of Section 13 has been inserted empowering the Secretary LG&CD Department to establish with the approval of the Minister, one or more municipal unit i.e. sub-office of a local government administration established for performance of its functions in an urban area. Since the Metropolitan Corporations and District Councils are constituted of relatively large urban and rural areas, respectively, two Deputy Mayors have been provided for Metropolitan Corporation and one Deputy Mayor of each Tehsil in each District Council in order to assist the head of the local government in administration of the local government in more effective manner. There is also Head’s Cabinet comments on working thereon has been given below to the Section 14. The Section when read with First Schedule also provides number and description of Councillors in each council of a local government except Union Council. Sub-section (3) of Section 13 separately provides composition of a Union Council.
| RELEVANT NOTIFICATIONS | |
| 1. | Notification No. SOR(LG)1-16/2022 dated 15.12.2022 – Corrigendum – regarding “Seats of Councillors on General and general and Reserved Seats of Metropolitan Corporations and District Councils”. |
| 2. | Notification No. SOR(LG)1-16/2022 dated 18.11.2022 regarding “Seats of Councillors on General and general and Reserved Seats of Metropolitan Corporations and District Councils”. |
14. Head’s Cabinet.– #
(1) There shall be a Head’s Cabinet of a local government, except Union Councils, to aid and advise the Head in exercise of his functions, to be appointed by the head, not later than forty five days from taking of his oath:
provided that the Cabinet Members shall hold the office during the pleasure of the Head:
provided further that with the removal of the Head or on expiry of his term, the Head’s Cabinet shall also be dissolved forthwith.
(2) The Head’s Cabinet, for local governments shall comprise of such number of Councillors and Technocrats nominated by the Head of a local government, as mentioned in the Second Schedule.
(3) No person shall be appointed as a Technocrat in the Head’s Cabinet, unless he is a technocrat holding a degree requiring conclusion of at least sixteen years of education, recognized by the Higher Education Commission and has a professional experience of not less than five years in public or municipal administration, public finance, law, education, public health, Commerce and Industry, Information Technology, Mass Communication or any other area relating to functions of the local government:
provided that no person shall be appointed as a Technocrat member of the Head’s Cabinet, unless he is otherwise eligible to be a candidate for the office of Head of a local government, Speaker or Councillor.
(4) Before entering upon office, a Head’s Cabinet member shall make before the Head of the local government, oath in the form set out in the Fourth Schedule.
(5) The Head’s Cabinet shall be responsible to the Head of the local government.
(6) A Head’s Cabinet member may, by writing under his hand addressed to the Head of the local government, resign his office.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | 19 | 14 | 22 | 14 |
Comments
An advisory body in the name of Head’s Cabinet has been first time in the local government law. Head Cabinet is to be appointed by the Head of a local government for the purpose of aiding and advising him in performance of functions of a local government. There is no statutory term of the Head’s Cabinet instead it shall be appointed by the Head and hold office during the pleasure of the Head and as such it shall stand dissolved forthwith upon removal of the Head or on expiry of his term. Number of elected Councillors and technocrats constituting the Head’s Cabinet has been provided in the Second Schedule of the Act. A technocrat is non-elected members of the Head’s Cabinet. Possession of higher qualification and five year experience in certain disciplines has been specified for his eligibility to be appointed as Technocrat. Technocrats having experience in the field of public or municipal administration, public finance, law, education, public health, Commerce and Industry, Information Technology, Mass Communication or any other area relating to functions of the local governments, shall of course effectively assist the Head in deciding making related to performance of municipal functions, enforcement of relevant law and rules, budget making and other ancillary matters.
