MISCELLANEOUS
Chapter – XXXII) Officers and Servants of Local Governments #
185. Chief Officer, other officers and servants of local governments.–
(1) Every local government shall have such number of Chief Officers from amongst the officers of prescribed service and such number and description of other officers and servants as the Secretary may from time to time determine.
(2) All officers of a local government shall be appointed by the Secretary in the prescribed manner.
(3) All servants of a local government shall be appointed by that local government in the prescribed manner and subject to such general directions and conditions as the Secretary may, from time to time, consider appropriate.
| 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. | |
| – | 294 | 185 | 183 | 185 | |
| RELEVANT RULES | |||||
| 1. | The Punjab Local Governments (Appoint and Conditions) Rules, 2018. | ||||
| 2. | Amendments – The Punjab Local Government Service (Appointment and Conditions of Service) Rules, 2018. | ||||
| 3. | The Punjab Local Councils Servants (Service) Rules, 1997 | ||||
| 4. | The Punjab Local Governments (Appoint and Conditions) Rules, 2018. | ||||
186. Security of tenure for the Chief Officer and other officers.–All Chief Officers and such other officers of the local governments that may be specified by the Secretary from time to time, shall ordinarily hold office for a period of not less than two years.
| 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. |
| – | 295 | 186 | 185 | 186 |
Comments
Security of tenure to hold office for a period not less than two years has been provided in this section to the Chief Officer and such other offices of the local governments specified by the Secretary. It has been made sure that no officer once posted to an office of the local government shall be transferred in the ordinary course of business except on compelling administrative ground in writing. The Hon’ble Lahore High Court in the judgment dated 17.05.2023 passed in writ petition No.27705/2023 titled “Ashfaq Ahmad v. Government of the Punjab, etc.” held that:
14. In all afore-noted judgments, the law settled by the august Supreme Court of Pakistan as well as by various High Courts is that postings and transfers exclusively fall under the domain of competent authority and in the exigencies of service, transfer and posting can be made but such discretion must not be exercised in arbitrary or fanciful manner rather same should be exercised judiciously, with equity and fair play. Therefore, when ordinary tenure for posting has been specified in law then such tenure cannot be varied except for compelling reasons, which should be recorded in writing and must be justiciable. Ordinary tenure of two years for employees of local government in above mentioned laws apparently is in line with Article 140A of the Constitution, which envisages establishment of local government system to promote good governance, effective delivery of services through institutionalized participation of the people at low level through local governments and its employees.
15. In the present case, perusal of the impugned transfer orders shows that total 193 local government employees, including the petitioners, have been transferred with one stroke of pen without adhering to the security of tenure, prescribed under Section 186 of the Act XXXIII of 2022, or giving any compelling reasons in writing for such transfers before expiry of two years’ ordinary tenure. The argument of learned Law Officer as well as learned counsel for private respondents that some of the officials are stationed at one place for many years and only got transfer out of district for a few days by backdoor influence and again got their transfer back to same district and now abusing the protection of tenure provided under Section 186 of the Act XXXIII of 2022, may have substance but none of these grounds or reasons has been recorded in their impugned transfer orders rather on face of it no judicious mind was applied at all before passing of the impugned transfer orders, whereby 193 local government officers have been transferred without any determination that how many employees have completed their tenure of two years or what are the compelling reasons to transfer those employees, who have not yet completed their tenure prescribed under the law.”
187. Punjab Local Government Service.–
(1) The local government service continued under the Punjab Local Government Act, 2019 (XIII of 2019) shall continue, and be called the Punjab Local Government Service and the terms and conditions of the service shall be governed under the respective laws and rules made thereunder.
(2) The employees of the Punjab Local Government Service shall be appointed through Punjab Public Service Commission.
(3) The employees of the Punjab Local Government Service shall be liable to serve anywhere within the province for the purposes of the Act.
(4) All the employees of the Punjab Local Government Service appointed through Punjab Public Service Commission against sanctioned posts on contract basis, prior to commencement of the Act, shall stand regularized in the Punjab Local Government Service on completion of their contract period.
| 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. |
| – | 296 | 187 | 186 | 187 |
188. Service cadre for servants of the local governments.–
(1) There shall be a separate service cadre for the servants of the local governments called the Local Council Service.
(2) For the sake of uniformity, the Secretary may specify functional groups within the Local Council Service in view of qualifications, experience and skills required for effective undertaking of various functions assigned to the local governments under this Act, and may also specify the method for their recruitment and general terms and conditions of their service.
(3) No local government shall employ servants in excess of the number specified under section 185 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. |
| – | 297 | 188 | 187 | 188 |
| RELEVANT RULES | |
| 1. | The Punjab Local Government District Service (TMA) Cadre Rules, 2005. |
| RELEVANT NOTIFICATION | |
| 1. | Notification No. SO-ADMN-II(LG)4-98/2007 dated 18.05.2016 regarding “Issues Related to Recruitment of Sanitary Workers in the City District Governments and Tehsil/Town Municipal Administrations in the Punjab”. |
| RELEVANT INSTRUCTIONS / ADVICE | |
| 1. | Letter No. SO.V(LG) 5-26/2001, Govt. of the Punjab, LG&RD Department dated 27.12.2003 regarding “Advice about Disciplinary Action Against the Employees of (Defunct) Local Councils Governed under the Punjab Local Councils Servants (Service) Rules, 1997”. |
| 2. | Letter No. SO.IV(LG) 1-10/2003, Govt. of the Punjab, LG&RD Department dated 05.01.2004 regarding “Promotions in New Local Government System”. |
189. Continuation of the Punjab Local Government Board.–
(1) The Punjab Local Government Board, hereinafter called the Board, continued under section 298 of the Punjab Local Government Act, 2022 (XIII of 2022) shall continue.
(2) The Board shall continue to be a body corporate with perpetual succession and a common seal with power to acquire, hold and transfer property, and by its name, sue or be sued.
(3) Directorate General (Inspections & Monitoring) shall continue and consist of a Director General (Inspections & Monitoring) who shall be an officer of the prescribed services not below the rank of BS-20.
(4) The Board shall consist of such number of officers and officials as may be notified 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. |
| 125 | 298 | 189 | 188 | 189 |
190. Composition of the Board.–
(1) The Board shall consist of following ex-officio members:
(a) The Secretary as Chairperson;
(b) An officer of the Pakistan Administrative Service or the Provincial Management Service appointed by the Chief Minister as Secretary of the Board;
(c) A representative of Finance Department not below the rank of Additional Secretary;
(d) A representative of Regulations Wing of Services and General Administration Department, not below the rank of Additional Secretary;
(e) A representative of Law Department, not below the rank of Additional 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. |
| 125 | 299 | 190 | 189 | 190 |
191. Functions of the Board and method for conduct of business.–
(1) In addition to any other function or duty assigned to it under any other law for the time being in force, the Board shall, among any other things:
(a) deal with service matters of the officers and servants of the Board, Local Government Service and such servants of the Local Council Service as may be prescribed;
(b) set up and maintain common services for all the local governments, including those relating to the training of officers and servants of local governments;
(c) undertake research and policy work relating to any aspect of the local governments;
(d) support the Government and local governments in adherence to this Act and other relevant laws; and in fair, just and transparent working of the local governments;
(e) set up and operate an employee’s fund for the receipt of contributions in respect of pension and other post-retirement benefits of officers and staff of the Board, Local Government Service, investment of such receipts and payment of pension and other post-retirement benefits;
(f) set up and operate one or more other funds as may be required in relation to its work; and
(g) perform such other functions as may be prescribed.
(2) All expenditures of the Board shall be contributed by local governments in the Punjab in accordance with their share apportioned by the Government from time to time.
(3) The business of the Board shall be conducted in the prescribed manner.
| NOTES: 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. |
| 125 | 300 | 191 | 190 | 191 |
