MISCELLANEOUS
Chapter – XXXV) Miscellaneous #
195. General powers of local governments, etc.
Notwithstanding any specific provision of this Act, every local government shall perform their functions conferred by or under this Act and in performance of their respective functions, shall exercise such powers and follow such procedures as are enumerated in the Seventh Schedule.
| 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. |
| 148 | – | 206 | 203 | 195 |
Comments
Besides the substantive provisions in the Act, procedural provisions have also been provided under the Seventh Schedule elaborating the procedure to be followed by the local governments to perform their assigned functions and as such exercise powers, accordingly.
196. Delegation of powers by the Government.
The Government may, by order published in the official Gazette, delegate any of its powers under this Act, or the rules, to any officer subordinate to it, any elected official, or any officer or Authority 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. |
| 146 | 307 | 207 | – | 196 |
197. Delegation of Powers by the Head of local government.
A Head of local government may delegate any of his powers under this Act or rules or bye-laws to any Deputy Mayor or Vice Chairperson, Member of Head’s Cabinet, Speaker, Councillor, Chief Officer or any other officers of the local government, partly or fully, and subject to such restrictions or conditions as he may deem fit, after approval by the Council concerned.
| 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. |
| – | – | 208 | 204 | 197 |
Comments
It is a settled principle of law that a delegatee cannot further delegate the power unless it is authorized by law. The Government and Head of local government exercise powers delegated under the Act. Section 196 of the Act allows the Government to delegate its power conferred by or under the Act to the any officer subordinate to it, any elected official, or any officer or Authority under the Act, while section 197 allows the Head of the local government to delegate any of his power conferred by or under the Act to any Deputy Mayor or Vice Chairperson, Member of Head’s Cabinet, Speaker, Councillor, Chief Officer or any other officers of the local government, partly or fully, and subject to such restrictions or conditions as he may deem fit, after approval by the Council concerned.
198. All Heads of the local governments, Deputy Mayors, Vice Chairpersons, Speakers, Councillors, officer and servants of the local governments to be public servants.
All elected officials, Chief officers, other officers and servants of the local government and any other person authorized to act under this Act, shall be deemed to be a public servant within the meanings of section 21 of the Pakistan Penal Code (XLV of 1860).
| 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. |
| 149 | 302 | 209 | 205 | 198 |
199. Remuneration etc. for elected officials.–With the previous approval of the Government, a Council may, with a simple majority of vote, allow such remuneration, honoraria, allowance and other benefits to the elected officials and technocrat members of the Head’s cabinet, within the approved limit notified by 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. |
| – | 303 | 210 | 206 | 199 |
200. Training of functionaries of local governments.
(1) A local government shall, in annual budget, allocate funds for the training of various elected officials and non-elected functionaries of the local government.
(2) The training shall be attended virtually or otherwise at the place and for the duration, as the Secretary 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. |
| – | 305 | 211 | 207 | 200 |
201. Bar against employment of the elected officials in the local government.
No elected official of a local government shall be employed by or under that local government unless a period of three years has lapsed since he ceased to hold such elected 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. |
| 150 | 309 | 212 | 208 | 201 |
