Chapter – XI) Duties of Certain Functionaries

Chapter – XI) Duties of Certain Functionaries #

33.       Duties and powers of a Head of the local government.– #

(a)        ensuring that the business of the local government is carried out strictly in accordance with this Act and all other relevant laws for the time being in force;

(b)        efficient, effective and transparent functioning of the local government;

(c)        accomplishment of operational, developmental and fiscal objectives set out by the Council or as the case may be by the Government;

(d)       presenting annual report on the performance of local government to the Council during each financial year;

(e)        representation of the local government at civic or ceremonial functions;

(f)        any other duty, as the Council may, by a general or special resolution direct;

(g)       any other duty as may be assigned to him by the Government; and

(h)       general supervision and control over officers of the local government for the above purposes.

(2)       At the end of each calendar year or at such other appointed interval, the Head of the local government shall evaluate the work done and results obtained by the Chief Officer as against his duties and the manner in which he exercised his powers under this Act and submit a report to the House and in case of unsatisfactory performance, House may send its recommendation to the Secretary for appropriate action.

(3)       A Head of the local government shall have the right to be present and participate in the proceedings of the House and exercise the right to address the House, its committees or a sub-committees, but he shall not vote.

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.
71,74,83,89	42	33	45	33

34.       Duties and powers of a Speaker.– #

(a)        convene meetings of the Council as required under this Act;

(b)       preside over, and ensure orderly conduct of meetings of the Council at which he is present;

(c)        maintain record of meetings of the Council; and

(d)       constitute committees of the Council under this Act and oversee their working.

(2)       A Speaker shall, in relation to the above duties, exercise such powers as are conferred upon him under this Act or any other law for the time being in force.

(3)       Without prejudice to the provisions of subsection (2), a Speaker may, in relation to above duties, direct a Councillor to abstain from or withdraw immediately from a meeting, where in his opinion:

(a)        the attendance of meeting by that Councillor would constitute conflict of interest under this Act; or

(b)        if the Councilor’s conduct, during the meeting, is grossly disorderly.

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.
–	43	34	46	34

35.       Duties of a Councillor.– #

(a)        serve the overall interest of the local area which he represents; and

(b)       ensure that there is no conflict, or possible conflict between his private interest and honest performance of his role of serving public interest.

(c)        ensure timely, effective and efficient implementation of local government policy and decisions;

36.       Duties and powers of Chief Officer.– #

(a)        work as the principal accounting officer of the local government;

(b)       assist and advise the Head of a local government, Speaker, committees and sub-committees of the Council in proper discharge of their duties under this Act;

(d)       supervise and control officers and servants of the local government and coordinate and synergize the work of all offices of the local government;

(e)        maintain financial and administrative discipline and ensure that the business of the local government is carried out strictly in accordance with the provisions of this Act and other laws for the time being in force;

(f)        enter into and manage all contracts on behalf of a local government, with the approval of the Head of a local government;

(g)       undertake all procurements on behalf of a local government;

(h)       maintain records pertaining to the functions of a local government;

(i)        act for and on behalf of a local government, in every action or other legal proceedings whether instituted by or against the local government;

(j)        assist relevant authorities in the circumstances of emergency; and

(k)       perform such other duties as are assigned to him by the Government, Secretary, Head of a local government, Council or a committee or sub-committee of the Council.

(2)       A Chief Officer shall, in relation to the above duties, exercise: #

(a)        such powers as are conferred upon him under this Act or any other law for the time being in force;

(b)       such powers of the local government as are delegated upon him by the Council through a resolution; and

(c)        such powers of the Head of the local government as are delegated upon him by the Head of the local government.

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.
–	44	35	47	35

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.
79,84,90	45	36	48	36

37.       Attendance of Council meetings by Chief Officer.– #

The Chief Officer shall, when required by the Speaker, attend a meeting of the Council or a committee or sub-committee of the Council and render such advice or provide such assistance as may reasonably be required of him.

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.
–	46	37	49	37

38.       Personal responsibility for acts done and expenditure incurred without lawful authority.– #

Every person exercising any authority for the purposes of this Act, shall be personally responsible for:

(a)        any act done by him personally or done under his direction; or any loss, financial or otherwise, suffered by a local government due to a decision made by him personally or under his direction;

(b)        any expenditure incurred by him personally or incurred under his direction, if such action, direction, or decision is taken or expenditure is incurred, without lawful authority or in violation of any provision of this Act or any other law for the time being in force.

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.
–	48	38	50	38

Comments

Every person competent to exercise authority under the Act is personally responsible for doing any act personally or done under his direction, or any loss financial or otherwise suffered by the local government due to a decision made by him personally or under his direction. Similarly, such person shall also be responsible for incurrence of any expenditure personally without any lawful authority on in violation of the Act or any other law for the time being in force. In order to ensure effective, transparent and efficient undertaking of functions by a local government, section 146 enables the Secretary to exercise supervision and general control over the local governments to ensure that they always act in the public interest and perform their functions strictly in accordance with the provisions of this Act and all other relevant laws for the time being in force. The Secretary has been conferred with discretionary power to direct Director General (Inspection and Monitoring) to probe into any matter relating to the functions of the local government or conduct of elected Officials, Officers and officials of the local governments and submit a fact finding report with specific recommendations to deal with the matter. On receipt of the complaint, the Secretary may refer the matter relating to elected officials to the Punjab Local Government Commission and take action against other officials under the law. 

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