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Punjab Local Governments (Resignation) Rules, 2016

GOVERNMENT OF THE PUNJAB

LOCAL GOVERNMENT & COMMUNITY DEVELOPMENT DEPARTMENT

Dated Lahore, the 04th August, 2016

NOTIFICATION

No.SOR(LG)38-5/2016. In exercise of the powers conferred under section 144 of the Punjab Local Government Act 2013 (XVIII of 2013) and after previous publication, Governor of the Punjab is pleased to make the following rules:

1.         Short title and commencement.– (1) These rules may be cited as the Punjab Local Governments (Resignation) Rules, 2016.

(2)        They shall come into force at once.

2.         Definitions.– (1) In these rules:

  • Act” means the Punjab Local Government Act, 2013 (XVlll of 2013);
  • “Government” means Government of Punjab;
  • “local government” means a local government, except District Education Authority and District Health Authority, established under the Act; and
  • “rules” means the Punjab Local Governments (Resignation) Rules 2016.

(2)        An expression used but not defined in the rules shall have the same meanings as is assigned to it under the Act.

3.         Resignation.– (1) A Mayor, Deputy Mayor, Chairman, Vice-Chairman or a member of local government may resign from his office by tendering resignation  in writing under his hand to the local government of which he is the Mayor, Deputy Mayor, Chairman, Vice Chairman or member.

            (2)        A Mayor, Deputy Mayor, Chairman, Vice-Chairman or a member of local government shall submit his resignation in person to the Chief Officer or the Secretary of the local government.

            (3)        If the Chief Officer or the Secretary of the local government, is not available in his office, the resignation shall be delivered to the person next incharge of the office of the local government.

            (4)        The officer or official, receiving the resignation under sub-rule (2) or (3), shall make an endorsement on the resignation certifying the fact of the resignation having been delivered to him in person with free will, date and time of such delivery, and shall cause the particulars of such resignation entered in a register maintained for the purpose.

4.         Intimation of resignation.– (1) The Chief Officer or the Secretary of the local government shall, within seven days of receipt of resignation, forward the copies of resignation to the Election Commission and the Government with the approval of the House of local government.

(2)        If a meeting of the House of a local government is not possible due to any reason, the Chief Officer or the Secretary of the local shall place the resignation before the Mayor or Chairman for approval to forward the copies of resignation to the election Commission and the Government

(3)        If the Mayor or Chairman has submitted resignation, the Chief Officer or the Secretary of the local government shall obtain approval of the Deputy Mayor or Vice Chairman under sub-rule (2).

(4)        When the resignation is forwarded under sub-rule (2) or (3), the Chief Officer or the Secretary of the local government shall inform the House of local government in its next meeting.

(5)        The Government shall notify the vacation of office owning to resignation under subsection (2) of section 37 of the Act.

(6)        Notwithstanding the resignation of Mayor, Deputy Mayor, Chairman, Vice Chairman or a member of a local government, any proceeding under section 33 of the Act, if already initiated, shall not abate.

6.         Date of acceptance.- The resignation, tendered under rule 3 shall be deemed to have been accepted and effective from the date the resignation is tendered.

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