CHAPTER – XXIII) Community Based Organizations #
129. Composition of Community Based Organizations.– #
(1) In every local area, groups of non-elected citizens may, through voluntary, proactive and self-help initiatives, set up any number of Community Based Organizations, and such Community Based Organizations shall be set up for the purposes of, inter alia, energizing the community for development and improvement in service delivery, development and management of a new or existing public facility, identification of development and municipal needs, mobilization of stakeholders for community involvement in the improvement and maintenance of facilities, welfare of the handicapped, destitute, widows and families in extreme poverty, establishment of farming, marketing and consumers cooperatives; provided that grants shall be available subject to the provisions of section 78.
(2) Notwithstanding anything to the contrary contained in subsection (1), no person shall be eligible to set up a Community Based Organization or become its member or hold the office of the President or General Secretary of a Community Based Organization, if such person-
(a) is a minor; or
(b) is of unsound mind; or
(c) has applied to be adjudicated as an insolvent and his application is pending; or
(d) is an undischarged insolvent; or
(e) is a defaulter under law and his name has been published as such.
(3) In carrying out its purposes, a Community Based Organization may interact with voluntary organizations for community welfare.
(4) A Community Based Organization shall be registered with the registration authority and shall carry on its functions and activities in such manner and subject to such rules as may be prescribed.
(5) A Community Based Organization shall have a general body of its members who shall elect a President, Executive Committee and a General Secretary of the Organization for carrying out its functions.
(6) The term of office of the President, Executive Committee and a General Secretary of a Community Based Organization shall be two years extendable through election for a similar term or terms by the general body.
(7) The liability of the Executive Committee of a Community Based Organization, its officers and members shall be as prescribed.
| 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. |
| – | – | 129 | 138 | 129 |
| RELEVANT RULES | |
| 1. | The Punjab Local Government (Citizen Community Boards) Rules, 2003. |
130. Conduct of Business.– #
(1) All business of the Community Based Organization shall be disposed of in its meetings which shall be presided over by the President.
(2) The Executive Committee of the Community Based Organization shall hold its meetings at least once in every three months.
(3) The quorum of the meetings of the Executive Committee of the Community Based Organizations shall be forty per centum of the total membership of the Executive Committee.
(4) The quorum of the meetings of the general body of the Community Based Organization shall be one fourth of its total membership.
(5) The General Secretary of the Community Based Organizations shall be responsible for recording the proceedings of the meetings and maintaining financial and accounting records.
(6) The General Secretary shall present the annual statement of accounts in the annual meeting of the Community Based Organization and after its approval the statement shall be submitted to the registration authority or, such other authority as may be prescribed, within thirty days or such other period specified in this behalf.
(7) The Community Based Organization may, in its general meeting, remove any office bearer or member by a resolution on account of unsatisfactory performance or misconduct.
(8) The President and General Secretary shall be responsible for safe custody and management of property and assets of the Community Based Organization.
(9) All funds of the Community Based Organization shall be kept in a bank or post office and all transactions shall be made through cheques.
(10) The accounts of the Community Based Organization shall be operated jointly by the President and the General Secretary.
(11) The accounts of the Community Based Organization shall be maintained by the Secretary.
| 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. |
| – | – | 130 | 139 | 130 |
| RELEVANT INSTRUCTIONS / ADVICE | |
| 1. | Letter No. SO.D-II(LG)14-10/2003, Govt. of the Punjab, LG&RD Department dated 05.11.2004 regarding “Construction of Water Courses by Citizen Community Boards”. |
| 2. | Letter No. SO.D-II(LG) 14-10/2003, Govt. of the Punjab, LG&RD Department dated 12.10.2004 regarding “Establishment of C.C.Bs”. |
| 3. | Letter No. SO-D-II(LG)14-10/2003, Govt. of the Punjab, LG&RD Department dated 22.09.2004 regarding “Citizen Community Boards — Electrification”. |
| 4. | Letter No. SO-D-II(LG)14-10/2003, Govt. of the Punjab, LG&RD Department dated 13.07.2004 regarding “Establishment of Citizen Community Boards-Exemption for District Attock”. |
| 5. | Letter No. SO.(D-II)(LG)14-10/2003, Govt. of the Punjab, LG&RD Department dated 07.07.2004 regarding “Processing of Project Proposal of the Citizen Community Board”. |
| 6. | Letter No. SO.D-II(LG)14-10/-2003, Govt. of the Punjab, LG&RD Department dated 26.06.2004 regarding: “(i) Purchase of Medicines Under CCB Rules; and (ii) Financing of Development Projects Under CCB”. |
| 7. | Letter No. SO.IV(LG)14-10/2003-C.C.B., Govt. of the Punjab, LG&RD Department dated 23.12.2003 regarding “Execution of CCB Project for the Provision of Sui Gas”. |
131. Raising of funds by Community Based Organization.– #
(1) TheCommunity Based Organizations may raise funds through voluntary contributions, gifts, donations, grants and endowments for its declared purposes without compromising the larger interest of the community.
(2) A Community Based Organization may also receive project-based cost-sharing support from any local government in accordance with the provisions of this Act.
| 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. |
| – | – | 131 | 140 | 131 |
132. Community Based Organization to be a non-profit organization.– #
(1) The Community Based Organization shall be a non-profit organization and its income and assets shall be used solely for the attainment of its objectives.
(2) The properties and income of a Community Based Organization shall vest, and be held, in the name of its Executive Committee and shall sue and be sued in the name of its Executive Committee. No portion of its income shall be paid by way of salary, dividend, profit or bonus or otherwise be distributed to any of its members or contributors.
(3) If a Community Based Organization is not carrying on its functions and activities in accordance with this Act, the registration authority may appoint an administrator, with such powers and functions as the registration authority deems appropriate for running its affairs, taking over its assets, dissolving it, holding fresh elections or for the disposal of any other matter.
(4) Where a local government has contributed towards creation of any assets or funds of a Community Based Organization, in case of dissolution or de-registration, its assets shall pass on to such local government and the assets shall continue to be used for community welfare by the local government through any of its agencies or any other Community Based Organization designated by such local government in this behalf.
(5) The accounts of the Community Based Organization shall be subject to audit as may be prescribed.
| 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. |
| – | – | 132 | 141 | 132 |
Comments
The concept of Community Based Organization is a replica of Citizen Community Boards provided to be set up under section 98 of the Punjab Local Government Ordinance, 2001. The provisions relating to composition of Community Based organization, conduct of business, fund raising and it being non-profit organization have been borrowed from the provision of section 98 to 101 of the Punjab Local Government Ordinance, 2001.
