Chapter – XII) Conduct of Business #
39. Conduct of business.– #
(1) The business of a local government shall be conducted in the prescribed manner.
(2) Any proceedings or decision of a local government shall not be invalid merely because of a vacancy or defect in the membership of the local government.
(3) A local government may appoint committees consisting of such number of its members and other persons to perform such functions and in such manner as may be prescribed.
(4) One half of the existing membership of the House shall constitute quorum for a meeting and a decision shall be taken by the majority of the votes of the members.
| 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. |
| 67 | – | 39 | 51 | 39 |
Comments
This section provides that the local government shall conduct its business in the prescribed manner i.e. under the Rules made by the Government under the Act. At present, the Punjab Local Governments (Conduct of Business) Rules, 2017 made and notified under the Punjab Local Government Act, 2013 is in force. The said Rules provide in detail the business of the local government allocated to its Chief Officer (Officer in-charge of the municipal offices) and those allocated to its Municipal Offices i.e. Planning, Finance, Regulations, Municipal Infrastructure and Municipal Services. The term “Business” in fact relates to grouping of identical functions into one category of business and its assignment to the Chief Officer and respective Municipal Office. Functions of the local governments have been specifically given in section 21 which have already been discussed in detail.
This Section also enables the local government to appoint committees including its elected members and other persons for performance of its functions, in the manner provided under the Rules made by the Government. It is clarified that under this section, extent and scope of performance of functions by the Committee is different from the Joint Committee constituted under section 31 of the Act because the former shall function within one local government appointing it, whereas the latter will functions with the local areas of two or more local governments constituting it.
| RELEVANT RULES | |
| 1. | The Punjab Local Governments (Conduct of Business) Rules, 2017. |
| 2. | The Punjab Local Government (Committees) Rules, 2018. |
| 3. | The Punjab Union Councils (Conduct of Business) Rules, 2017. |
| RELEVANT NOTIFICATION | |
| 1. | Notification No.SOR(LG)38-13/2016 dated 19.04.2018 regarding “Punjab Union Councils (Conduct of Business) Rules 2017”. |
40. Meetings of the House.– #
(1) A local government shall, within three months of the assumption of office, frame bye-laws for the conduct of its meetings.
(2) A meeting of a local government shall be presided over by its Speaker.
(3) A local government shall hold at least one meeting during a month.
(4) A meeting of a local government shall be open to general public, except when a local government, by simple majority, decides to consider any matter in a session attended exclusively by its Councillors, officers and officials.
(5) The Chief Officer or an officer authorised by him shall record minutes of every meeting of the House and submit the same to the person who presided the meeting for approval.
(6) The Chief Officer shall, after approval, issue the minutes of a meeting under his signatures.
(7) The Speaker may, grant observer status to teachers, physically disadvantaged persons, or any other category of individuals or organizations to represent stakeholders, to enable them to attend the proceedings of the House:
provided that such observer shall have no right to vote or interfere in the proceedings of the House.
provided further that such observer shall have no right to speak except with the prior permission granted by the Speaker before commencement of the meeting.
| 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. |
| 68 | 53-67 | 40 | 52 | 40 |
Comments
This section enables a local government to make its bye-laws for conduct of its business. It is now mandatory that meetings shall be open to general public unless simple majority of the elected house of the local governments decide to consider any matter in a session attended exclusively by its Councillors, officers and officials. Another important development in that the Speaker may if feels appropriate grant observer status to teachers, physically disadvantaged persons, or any other category of individuals or organizations to represent stakeholders to enable them to attend the proceedings of the House and to speak with the permission of the Speaker, however, the observer has not been granted right to vote.
41. Contracts.–
(1) All contracts made by or on behalf of a local government shall be:
(a) in writing and expressed to be made in the name of the local government;
(b) executed in such manner as may be prescribed; and
(c) reported to the local government by the Head of the local government in the meeting next following the execution of the contract.
(2) A local government may assign any of its functions to a public or private organization on such terms and conditions as may be prescribed or enter into public-private partnership for efficient performance of any of its functions.
| 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. |
| 69 | 49-52 | 41 | 53 | 41 |
Comments
All contract made by the local government or on its behalf shall be executed in accordance with the procedure prescribed under the Rules made by the Government. At present, the Punjab Local Governments (Contract) Rules, 2003 framed under the Punjab Local Government Act Ordinance, 2001 are in force. Moreover, for contract to award collection rights there are the Punjab Local Governments (Auctioning of Collection Rights) Rules, 2016 and for execution of development schemes / works / services, there are the Punjab Local Governments (Works) Rules, 2017. Needless to say that the Punjab Procurement Rues 2014 has general applicability on all public procurements made by a local government. The Head of the local government shall be responsible to report execution of the contract to the local government in its meeting next following the said execution. Provisions of sub-section (2) of this section are identical to the provisions of clause (a), sub-section (2) of section 21 of the Act.
| RELEVANT RULES | |
| 1. | The Punjab Local Governments (Contract) Rules, 2017. |
| 2. | The Punjab Local Government (Contract) Rules, 2003. |
| 3. | The Punjab Local Governments (Auction of Collection of Rights) Rules, 2016. |
| RELEVANT NOTIFICATION | |
| 1. | Letter No. SO.ADMN.III(LG)MISC/2015(P)* dated 24.08.2017 regarding “Hiring of Janitorial Staff”. |
| RELEVANT INSTRUCTIONS / ADVICE | |
| 1. | Letter No. SOTAX (LG) 2-7/2020, Govt. of the Punjab, LG&CD Department dated 05.10.2020 regarding “Request for Relief in Deferment of Monthly Installments Regarding Contract of General Bus Stand / Rickshaw Parking / Chingchi Parking / Slaughter House/Advertisement Fee of F.Y 2019-20 on Account of Covid-19”. |
| 2. | Letter No. SOTAX (LG) 2-25/2019, Govt. of the Punjab, LG&CD Department dated 17.10.2019 regarding “(i) Overcharging of Adda Fee by Contractors and various Local Governments RTAs; and (ii) Inquiry into Extortion of Money by Secretary RTA, Traffic Police and various Groups at Bus Stands/Goods Adda in D.G Khan Division (Special Branch)”. |
| 3. | Letter No. SOTAX (LG) 2-4/2017, Govt. of the Punjab, LG&CD Department dated 15.05.2017 regarding “Registration of Contractors under Punjab Local Government (Auctioning of Collection Rights) 2016” |
| 4. | Letter No. SOTAX (LG) 2-46/08(P), Govt. of the Punjab, LG&CD Department dated 30.06.2010 regarding “Collecting Tax on Transfer of Immovable Property through Departmental Mode Instead of Auctioning the Collection Rights, 2010-11” |
