Chapter – XXV) Transparency #
140. General rules of conduct.– #
(1) While performing any duty or exercising any power under this Act, it shall be the duty of every elected official, Chief Officer, officer, and servant of the local government to:
(a) act honestly, fairly and transparently;
(b) exercise due care and diligence; and
(c) not to make improper use of his office or information acquired by him because of his being in such office to gain or attempt to gain, directly or indirectly, an advantage for himself or for any other person; or cause or attempt to cause any detriment to a 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. |
| – | 215 | 140 | 148 | 140 |
141. Conflict of interest.– #
(1) For the purpose of this Chapter, an elected official, Chief Officer, officer or servant of the local government or any other person shall be deemed to have a conflict of interest in respect of a contract, proposed contract or any other matter to be discussed or decided by that local government, Council or any of its committee or sub-committee, as the case may be, of which he is a member, if:
(a) he or any of his immediate relatives, or his employer or employee in relation to that contract, proposed contract or any other matter:
(i) would receive or have a reasonable expectation of receiving, a direct or indirect pecuniary or some other benefit, share or interest; or
(ii) would suffer or have a reasonable expectation of suffering, a direct or indirect pecuniary or some other detriment; or
(iii) could be reasonably perceived as receiving a direct or indirect pecuniary or some other benefit, share or interest or suffering a direct or indirect pecuniary or some other detriment; or
(b) he has professionally acted in relation to that contract, proposed contract or any other matter on behalf of any person having therein such share or interest as aforesaid; or
(c) he is of the opinion or could be reasonably perceived to have such opinion that the nature of his interest in the contract, proposed contract or other matter is such that it may conflict with the proper performance of his public duties in respect of that contract, proposed contract or other matter.
(2) No person shall be deemed to have a conflict of interest in a contract, proposed contract or any other matter for the purposes of this section if his interest arises solely due to his being a voter, local resident or tax payer to the local government and is held in common with other voters, local residents and tax payers.
| 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. |
| – | 216 | 141 | 149 | 141 |
142. Duty to abstain from proceedings in case of conflict of interest.– #
(1) When any contract, proposed contract or any other matter is to be, or is likely to be considered or discussed at a meeting of a local government, Council or any of its committee or sub-committee, the elected official, officer or servant of that local government or any other relevant person, who has a conflict of interest in respect of such contract, proposed contract or any other matter shall:
(a) if he is present at the meeting, forthwith disclose the nature of his conflict of interest and leave the meeting after notifying the Speaker or the person presiding the meeting or the chairperson of the committee or sub-committee, as the case may;
(b) if he has a prior knowledge of the consideration or discussion as aforesaid, disclose the nature of his conflict of interest to the Speaker or the chairperson of the committee or sub-committee as the case may be and abstain from the meeting.
(2) A person who has a conflict of interest shall not preside over, take part in the proceedings or vote on any question with respect to the contract, proposed contract or any other matter in respect of which his conflict of interest exists.
Explanation:
For the purpose of this section “gain” means and includes any form of enrichment, benefit or advantage whatsoever which may have accrued to or been acquired by or which may accrue to or be acquired by the person or his immediate relatives, or an employer or employee.
| 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. |
| – | 217 | 142 | 150 | 142 |
143. Code of Conduct for elected officials and officers etc.– #
(1) The Government shall prescribe a Code of Conduct for the elected officials, officers and servants of the local government.
(2) In addition to any other matter considered appropriate by the Government, the Code of Conduct shall address the following matters:
(a) standards for ethical conduct;
(b) procedures for resolution of disputes between the elected officials; and
(c) procedure for dealing or interacting with Chief Officer, officers and servants of the local government and officers and servants of the Government.
(3) The Chief Officer shall cause a copy of the Code of Conduct to be made available to the public for inspection at the office of the local government during usual office hours.
| 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. |
| – | 219 | 143 | – | 143 |
144. Misconduct.– #
For the purpose of this Act, an elected official, Chief Officer, any other officer or servant of the local government, or any other person shall be guilty of misconduct if he:
(a) violates any provision of the Code of Conduct prescribed under this Act;
(b) derelicts from duty or shows gross negligence in performance of duties with manifest wrongful intent;
(c) knowingly violates any provision of this Act or lawful directions or orders of the Government;
(d) involves in an act that results in wrongful gain to himself or to any other person;
(e) exercises powers or authority vested in him under this Act or any other law for the time being in force or fails to or refuses to exercise such powers or authority, for corrupt, unlawful or improper motives; and
(f) attempts at, or abets any act which constitutes misconduct under this section.
| 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. |
| – | 220 | 144 | 151 | 144 |
145. Certain orders to be in writing or to be reduced to writing.– #
(1) A Head, Deputy Mayor, Vice Chairman, Speaker, committee or sub-committee of the Council, and all officers and servants of the local government shall act through or under a written order, if:
(a) this Act or any other law for the time being in force requires that the act shall be done through a written order;
(b) the act pertains to exercise of any authority under this Act or any other law for the time being in force;
(c) the act is, in view of the Head of the local government or the Chief Officer, of sufficient importance; and
(d) it has been required as such by the Government for the purposes of this section.
(2) A verbal instruction which in view of the officer or servant of the local government receiving it:
(a) requires a written order in terms of subsection (1) above, shall be referred back by him to the authority giving such instruction for obtaining a written order;
(b) is lawful and otherwise appropriate and requires immediate action, shall be acted upon and thereafter reduced to writing and submitted by him to the authority giving such instruction for confirmation;
(c) is unlawful or otherwise inappropriate, shall forthwith be reduced in writing and submitted by him to the authority giving such instruction with the reasons for considering the instruction unlawful or, as the case may be, inappropriate; or
(d) is lawful and otherwise appropriate but does not require immediate action, shall be reduced in writing and submitted by him to the authority giving such instruction for approval before acting upon.
| 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. |
| – | 221 | 145 | 152 | 145 |
Comments
Provisions of this Chapter monitor and regulate the conduct of the elected officials, officers and servants of the local governments in order to ensure that corrupt practices in performance of functions and exercise of powers are eliminated. Resultantly, there is transparent decision making at the level of the local government and the people of its local area are benefitted from effective delivery of public services in fair and transparent manner. There shall be no conflict of interest of the elected official, officer and servant of the local government who has direct or indirect interest in respect of a contract, proposed contract or any other matter to be discussed or decided by that local government, Council or any of its committee or sub-committee, of which he is a member. Certain instances of the Conflict of interest have been provided in section 141 with an exception that there is no conflict of interest in a contract, proposed contract or any other matter for the purposes of this section if his interest arises solely due to his being a voter, local resident or tax payer to the local government and is held in common with other voters, local residents and tax payers.
This Chapter also casts duty upon elected official, officer or servant of the local government to abstain from proceedings in case of conflict of interest by either disclosing such interest to the Speaker or the chairperson of the committee or sub-committee, if he is present in the meeting and leave the meeting, or if such conflict of interest is in his prior knowledge, disclose the nature of the interest to the Speaker or the chairperson of the committee or sub-committee and abstain from the meeting. The Government is bound to make rules for monitoring and regulating the conduct of the elected officials, officer and servants of the local government, containing the standards for ethical conduct; procedures for resolution of disputes between the elected officials; and procedure for dealing or interacting with Chief Officer, officers and servants of the local government and officers and servants of the Government. Moreover, in order to ensure transparency, provisions of this Chapter bind the elected officials, officers and servants of the local government to act through or under a written order if the Act or any other law for the time being in force requires that the act shall be done through a written order; the act pertains to exercise of any authority under this Act or any other law for the time being in force; the act is, in view of the Head of the local government or the Chief Officer, of sufficient importance; and it has been required as such by the Government for the purposes of this section. The verbal instruction which requires a written order shall be referred back to the authority giving such instruction for obtaining a written order under the circumstances given in sub-section (2) of section 145.
