Chapter XXIV) Internal Controls

ACCOUNTABILITY, TRANSPARENCY, OVERSIGHT AND RESPONSIVENESS

Chapter XXIV) Internal Controls #

133.     Power of the Council to remove a Head of the local government, Deputy Mayor, Vice Chairperson and Speaker.– #

(1) A Head of the local government, Deputy Mayor, a Vice Chairperson or a speaker shall, in the prescribed manner, stand removed from his office if the respective Council, through a resolution passed by two-third majority of the Councillors for the time being holding office, decide to remove him on the ground of misconduct under this Act or if, in their opinion, his removal appears to have become necessary for effective performance of functions by the local government.

(2) Without prejudice to any other provision of this Act, where a resolution for the removal of a Head of the local government, Deputy Mayor, Vice Chairman or a Speaker succeeds, he shall stand removed and the vacancy shall be filled in the manner provided under section 69 and 70 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.
–	202	133	142	133

RELEVANT RULES
1.	The Punjab Local Governments (Vote of No Confidence) Rules, 2018.

134.     Certain limitations to apply in bringing a resolution for removal of a Head of local government and Speaker.– #

No resolution for the removal of a Head of the local government, Deputy Mayor, Vice Chairman, or a Speaker shall be proposed or approved by the Council unless a period of twelve months has elapsed after the assumption of office by him or where a period of twelve months is remaining in completion of the term of the Council.

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.
–	203	134	–	134

135.     Oversight through committees of the Council.– #

(1) A Council may constitute such monitoring committees as it deems appropriate to oversee and report upon the performance of local government in its various functions and ancillary matters.

(2)       Among other things, such committees shall report upon:

(a)        achievement of any targets set out by the Head of the local government or the Council;

(b)       degree of responsiveness of the local government to citizens needs; and

(c)        access to and quality of public services delivered by the local government.

(3)       Upon consideration of report submitted by a committee, the Council may, through a resolution passed with simple majority of votes of Councillors present and voting, require the Head of the local government to take such action as it considers appropriate to effect improvement or remedy a defect or irregularity.

(4)       During its work, a monitoring committee shall not intrude or interfere in or control the work of any officer of the local government.

(5)       A member of the monitoring committee involved in violation of any provision of subsection (4) shall be removed from the monitoring committee by the respective Council.

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.
–	204	135	143	135

136.     Internal inspections.– #

(1) A Head of the local government may, through a written order, require the Chief Officer to conduct inspections to examine and report upon the performance of the local government either personally or through such other officer of the local government as the Head of the local government considers appropriate.

(2)       Nothing in subsection (1) shall be construed to curtail the authority of the Head of the local government to inspect various offices and performance of the local government personally.

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.
–	205	136	144	136

137.     Internal inquiries.– #

The Head of the local government may, by an order in writing, require the Chief Officer to inquire into any matter concerning the local government either personally or through any other officer of the local government and submit a report along with the proceedings of the inquiry to him within such period as he may direct.

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.
–	206	137	145	137

138.  Complaint Cell.– #

Every local government shall set up a complaint cell for redressal of grievances within the ambit of their responsibilities under 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.
–	–	138	146	138

139.     Right to information.– #

(1) Every resident may seek any information which is in the possession of the respective local government.

(2)       It shall be the duty of the local government to provide full and correct information referred to in subsection (1) within fourteen days of receipt of every request.

(3)       Such information, which the Secretary may from time to time direct, shall as far as possible, be displayed at a prominent place within the premises of the office of the local government for access by the citizens.

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.
140	–	139	147	139

Comments

This Chapter provides certain procedures / modes for internal control within the local government. The Council under section 133 of the Act is empowered to remove head of the local government, Deputy Mayor, a Vice Chairperson or a speaker, in the prescribed manner, from his office through a resolution passed by two-third majority of the Councillors for the time being holding office, on the ground of misconduct only if in their opinion, his removal appears to have become necessary for effective performance of functions by the local government. The Government shall make rules for the said purpose. Section 134 provides an exception to action of the council under section 133 that no such resolution shall be proposed and approved unless a period of twelve months has elapsed after the assumption of office the elected official proposed to be removed.

Section 135 envisages constitution of monitoring committees to oversee and report upon the performance of local government in its various functions, whereupon the Council after consideration of the report may, through a resolution passed with simple majority of votes of Councillors present and voting, require the Head of the local government to take such action as it considers appropriate to effect improvement or remedy a defect or irregularity.

The Head of the local government may through a written order cause the internal inspections and inquiries to be conducted either through the Chief Officer or any other officer and report upon the upon performance of the local government or any other matter relating thereto. Moreover, section 139 of the Act ensures right of resident to seek any information which is in the possession of the respective local government. It is important to state that as discussed earlier by virtue of section 15 of the Act, a local government is bound to perform its functions in accordance with the provincial and federal laws. With respect to the matters pertaining to right of information to the residents, respective local government is bound to adhere to and implement the Punjab Transparency and Right to Information Act 2013.