COORDINATION AND CONFLICT MANAGEMENT
Chapter – XXVII) Punjab Local Government Commission #
154. Establishment of Punjab Local Government Commission.–The Government shall constitute Punjab Local Government Commission to perform such functions as are conferred upon it by or 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. |
| 122 | 237 | 154 | 155 | 154 |
155. Chairperson and members of the Commission.–
(1) The Commission shall comprise of eleven members including the Chairperson as under:
(a) Minister in charge of the Department, who shall also be the Chairperson of the Commission;
(b) four members of Provincial Assembly of the Punjab, of whom two shall be appointed by the leader of the house and the other two by the leader of the opposition in the Assembly;
(c) the Secretary of the Department who shall also be the Secretary of the Commission;
(d) Secretary to the Government, Law and Parliamentary Affairs Department;
(e) Four expert members including one woman, to be appointed by the Chief Minister, in terms of section 158 of this Act.
(2) In the case of absence of the Minister for any reason, the members shall elect one of the members present at the meeting to be the Chairperson for that particular meeting.
(3) The Commission may co-opt any other person for advice or assistance in relation to a particular matter under its consideration; however, the co-opted members shall have no right of vote.
(4) No proceedings or act of the Commission shall be invalid merely on the ground of existence of a vacancy or defect in composition of the Commission.
(5) The members of the Commission shall be paid such remuneration as the Government may, from time to time, determine and the honorarium of a member shall not be varied to his disadvantage during his term in office.
| 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. |
| – | 238 | 155 | – | 155 |
156. Term of office and premature removal of certain members.–
(1) The Minister and Secretaries referred to in section 155 shall hold office on ex officio basis.
(2) A member of the Commission mentioned under clause (e) of subsection (1) of section 155 shall hold office for four years and may, at any time, resign from office under his hand to the Chairperson of the Commission.
(3) The Chief Minister may, after due notice and inquiry, remove any member of the Commission, not being the Minister or a Secretary referred to in section 155 of this Act, during the tenure of his office on the grounds of inefficiency, misconduct, misuse of office or inability to perform functions due to bad health or physical or mental incapacity.
(4) A person shall not be eligible for appointment as a member of the Commission if he has previously been removed from his office under subsection (3).
| 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. |
| – | 239 | 156 | 156 | 156 |
157. Casual vacancy.–
(1) Where the position of a member, not being the Minister or a Secretary to the Government, becomes vacant on account of his resignation, removal, death or for any other cause, the Government shall appoint a person to fill this vacancy in the same manner as was applicable for the selection of that member.
(2) A person appointed under subsection (1) shall hold office for the remainder of the term of office of the member whom he replaces.
| 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. |
| – | 240 | 157 | 157 | 157 |
158. Eligibility for appointment of expert members.–
(1) A person shall be eligible for appointment as an expert member under section 155 of this Act, only if:
(a) he has at least sixteen years education from an institution recognized by the Higher Education Commission of Pakistan, in a discipline related to one or more functions of the Commission, possesses special knowledge of local government and their work with at least ten years relevant experience in municipal services and finance, public administration and local governance, law and dispensation of justice, community development or any other related areas relevant for the purposes of this Act; and
(b) he is not in the service of Pakistan or any office or body which is set up, or owned or controlled by the Government, or a local government in the Punjab, or in which the Government or a local government has a controlling share or interest.
(2) A person who has previously remained as an expert member shall be eligible for re-appointment as a member of the Commission.
| 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. |
| – | 241 | 158 | 158 | 158 |
159. Oath of office of members of the Commission.– #
Before assuming the charge of office, every member of the Commission shall make an oath in the form set out in the Fourth Schedule before the Governor of the Punjab.
| 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. |
| – | 243 | 159 | 159 | 159 |
160. Functions of the Commission.–
(1) Without prejudice to other provisions of this Act, the Commission shall carry out the following functions:
(a) steer the implementation of the Act and its transition;
(b) remove hindrances for the local government to discharge its functions under the Act;
(c) ensure prescription of subordinate legislations;
(d) recommend amendments in the legislations and subordinate legislations;
(e) conduct annual and special inspections of the local governments and submit its reports to the Chief Minister;
(f) conduct an inquiry by itself or through any other Government entity about any matter concerning a local government or a defunct local government;
(g) resolve the dispute between any Department of the Government and a local government or between two or more local governments;
(h) probe into the matters referred to it by the Chief Minster, Minister or Secretary and give its decision on such matter;
(i) submit an annual report on the over-all performance of the local governments to the Chief Minster and Provincial Assembly of the Punjab; and
(j) take cognizance of violations of laws and rules by a local government or a defunct local government; and
(k) conduct annual and special inspections of the local governments and submit its reports to the Chief Minister;
(l) if so directed by the Chief Minster or the Government, conduct an inquiry by itself or through any other agency including office of the Secretary, about any matter concerning a local government or a defunct local government;
(m) resolve the disputes between any Department of the Government and a local government or between two or more local governments and if the Commission fails to settle the dispute, the aggrieved party may move the Chief Minister for resolution of the dispute;
(n) enquire into the matters referred to it by the Chief Minster, Minister, Secretary or a Chief Officer and give its decision on such matter;
(o) conduct social and performance audit of a category of the local governments or a defunct local government on the basis of specific performance indicators through a third party and publish the report of such audit;
(p) submit to the Chief Minster an annual report on the over-all performance of the local governments;
(q) take cognizance of violations of laws and rules by a local government or a defunct local government in the performance of its functions; and
(r) organize consultative planning meetings of National and Provincial legislators, the Mayors and the Chairpersons on a periodic basis to provide their participation in development activities with regard to-
(i) consultative process of the annual development plan;
(ii) formulating procedures for utilization of the Legislators’ development grant;
(iii) assessing implementation of decision of these meetings;
(iv) reviewing development schemes; and
(v) facilitation in the performance of Provincial departmental functions of the decentralized offices and authorities, relating to policy analysis, oversight, checks and balances, capacity building and coordination through the Commission.
(2) The decision of the Commission shall be binding on the local government, failing which, the Commission may report the matter with specific recommendations to the Chief Minister for appropriate action.
(3) The Chief Minster may, on the recommendation of the Commission, suspend an elected official for a maximum period of ninety days for fair conduct of inquiry under subsection (1) or for preventing such elected official from continuing with any unlawful activity during the pendency of the inquiry.
(4) Where, on an inquiry under subsection (1), the elected official is found guilty of misconduct by the Commission, the Commission shall recommend to the Chief Minister any appropriate action including removal of such elected official, and the Chief Minister may pass appropriate orders including the removal of such elected official.
(5) The Government or Chief Minister shall, during the exercise of its powers under this Act, have regards to the reports of the Commission submitted in relation to the matters mentioned under subsection (1).
| 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. |
| 123 | 244 | 160 | 160 | 160 |
| RELEVANT RULES | |
| 1. | The Punjab Local Government Commission (Conduct of Business) Rules, 2003. |
161. Certain powers of a court to vest upon the Commission.–
(1) The Commission shall have the powers of a civil court under the Code of Civil Procedure, 1908 (V of 1908) in respect of:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commission for the examination of witnesses.
(2) The Commission shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).
| 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. |
| – | 245 | 161 | 162 | 161 |
162. Procedure of the Commission.–
(1) The Commission shall, subject to this Act and the rules, regulate its own procedure.
(2) All decisions of the Commission shall be made through a simple majority vote of the members present and voting.
(3) A meeting of the Commission shall be open to public unless the members present, by a simple majority vote, consider that public information of the proceedings of the meeting shall be prejudicial to public interest by reason of confidential nature of business to be transacted in 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. |
| – | 246 | 162 | 163 | 162 |
163. Duty of the Government, local governments etc. to cooperate with the Commission.–
(1) The Commission may require the Government, a local government, or any person, office or authority in the Punjab to render such assistance or to make available such information or records which it reasonably requires for the purposes of this Act.
(2) It shall be the duty of the Government, every local government, person, office or authority in the Punjab to render assistance or to make available such information or record as is required by the Commission under subsection (1).
| 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. |
| – | 247 | 163 | 164 | 163 |
164. Secretariat of the Commission.–
(1) The Commission shall have a secretariat comprising such number of officers and staff as the Government may from time to time determine.
(2) There shall be a separate budget for the Commission in the annual budget of the Punjab.
(3) The secretariat of the Commission shall be Headed by the Secretary who shall also be the Principal Accounting Officer of the Commission.
(4) The Directorate General (Inspections & Monitoring), if so required, shall assist the Commission in conduct of inspection, inquiries, monitoring and implementation of the directions of the Commission.
| 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. |
| – | 248 | 164 | 165 | 164 |
165. Responsibility of the Commission.– The Punjab Local Government Commission shall be responsible to the Chief Minister and the 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. |
| 124 | – | 165 | – | 165 |
