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Punjab Union Councils (Conduct of Business) Rules 2017

GOVERNMENT OF THE PUNJAB

LOCAL GOVERNMENT & COMMUNITY DEVELOPMENT DEPARTMENT

February 07,2017

NOTIFICATION

No.SOR(LG)18-13/2016

                                                                        .-In exercise of 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 Union Councils (Conduct of Business) Rules 2017.

(2)        These shall come into force at once.

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

  • “Act” means the Punjab Local Government Act 2013 (XVIII of 2013);
  • “case means a particular matter under consideration and includes all papers relating to it or are necessary for the disposal of the matter and includes the relevant correspondence, office notes and previous papers, if any;
  • “Chairman” means the Chairman of a Union Council;
  • “Secretary” means the Secretary of Union Council;
  • “Government” means Government of the Punjab;
  • “House” means the elected body of a Union Council;
  • “Punjab Local Government Commission” means a section 122 of the Act; and
  • “Vice Chairman” means the Vice Chairman of a Union Council.

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

3.         Executive authority and conduct of business.- (1) The Chairman shall be executive head of the Union Council.

(2)        All executive actions of a Union Council shall be expressed to be taken in the name of Union Council

(3)        The Chairman shall:

  • Provide leadership for union-wide development and preparation of budget and annual development plan;
  • ensure that the business of the Union council is carried out strictly in accordance with the Act and the rules and bye-laws;
  • maintain administrative and financial discipline of the Union Council; and
  • sign the notification on behalf of Union Council for publication in the official Gazette.

(4)        Subject to the provisions of the Act and the rules, every order, instrument, agreement or contract of the Union Council shall be made in the name of the Union Council and shall be executed by the Chairman.

(5)        In case the Chairman is unable to perform his functions for any reasons, the Vice Chairman shall perform the functions of the Chairman.

4.         Organization of a Union Council.- (1) A rural Union Council (Village Council) shall be provided the services of the following employees:

1.Secretary (Community Development)BS-11
2.Secretary (Municipal Services)BS-11
3.Naib QasidBS-01
4.ChowkidarBS-01

            (2)        An urban union Council (City Council, in addition to the employees mentioned in sub-rule (1), shall also be provided the services of Secretary (Union Committee) in BS-07.

5.         Distribution of work.- (1) The distribution of work amongst the Secretaries shall be as under:

  • Secretary (Community Development) shall be responsible for maintenance of the accounts of Union Council, preparation of estimates of receipt and expenditure for the annual budget of the Union Council and community mobilization.
  • Secretary (Municipal Services) shall be responsible for municipal services provided by the Union Council.
  • Secretary (Union Committees) shall be responsible for the work relating to the meaning of the House and other committees of the urban Union Council.

            (2)                    The Chairman or the Government may assign any other function relating to the Union Council to any of the above employees.

6.         Disposal of business.- (1) The Chairman shal issue the instruction as to the manner of disposal of the business of the Union Council.

            (2)        All orders shall be made in writing by the Chairman but in case of verbal order, the Secretary receiving the order shall immediately reduce it into writing and submit it to the Chairman for confirmation.   

            (3)        If any order contravenes any law, rules or policy decision of the Government, the concerned Secretary shall point out such contravention to the Chairman and if the Chairman does not agree to the views of the Secretary, he shall refer the case to House for appropriate decision.

7.         Manner of submission of cases.- The Secretary, before submitting a case to the Chairman, shall ensure that all relevant papers, references and extracts of the laws and rules are appended with the case for quick disposal.

8.         Processing of fresh receipts.- The Secretary shall process fresh receipts or cases promptly.

9.         Meetings.- The Chairman shall convene weekly meetings of all the Secretaries to discuss:

  • Important pending cases; and
  • Questions of general interests concerning the Union Council.

10.       Protection and communication of official information.- The Chairman shall issue detailed instruction for the treatment and custody of official documents, computer data and information of a confidential character in line with the Government Policy.

11.       Bye-laws.-       (1) Subject to the Act and the rules, a Union Council may, and if required by the Government shall, notify bye-laws after approval of the House to give effect to the provisions of the Act.

            (2) The bye-laws approved by the Union Council shall come into force on and from the date the bye-laws are published in the Punjab Gazette.

12.       Performance evaluation.- The annual performance evaluation reports of the employees of the Union Council shall be written in such form and by such officers as the Government may, by notification, determine.

13.       Disciplinary action.- The disciplinary action against the employees of the Union Council shall be taken according to the law and rules applicable to such category of employees.

14.       Financial Powers.- (1) The Chairman shall have full financial powers for sanctioning and incurring contingent expenditure out of local fund for items duly provided in the sanctioned budget.

            (2)        The powers to accord sanction for payment shall be exercised subject to the provision of the Act, rules or policy instructions of the Government and availability of appropriations under the relevant detailed object.

            (3)        The powers for sanction are ante-factum or prospective Union Council, after recording justification, shall submit the matter to the Government for decision.

            (4)        In case where ex post facto sanction is required, the Union Council, after recording justification, shall submit the matter to the Government for decision.

15.       Financial Loss.- (1) The Government , after affording an opportunity of personal hearing, may direct to recover the loss caused due to the negligence of the Chairman or the Secretary concerned and duly verified by the audit authority.

            (2)        In case the verified amount of loss is not paid within the stipulated time, it shall be recoverable as arrears of Land Revenue under the Land Revenue Act, 1967.

16.       Maintenance of records.- The Secretary concerned shall maintain record pertaining to his functions and the record of permanent nature shall also be computerized and preserved properly.

17.       Inspection by the Chairman.- (1)The Chairman shall periodically inspect the working of the Secretaries of the Union Council.

(2)        The Chairman shall ensure:

  • The observance of the law, rules bye-laws, standing instruction, orders and directives of the Government;
  • the timely registration of births, deaths, marriages and divorces;
  • the effective management of the finances of the Union Council;
  • good office management, discipline and functioning of the Union Council;
  • proper maintenance and management of immovable and movable property of the Union Council; and
  • prompt redress of the public complaints.

            (3)        The Secretary concerned shall take immediate remedial measures.

18.       Inspection by the Punjab Local Government Commission.- (1) The Chairman shall provide all the necessary support to the inspection teams deputed by the Punjab Local Government Commission while conducting annual and special inspections of the Union Council.

19.       Dissemination of information.- The Union Council shall, on quarterly basis, display at prominent places information about the employees and the performance over the preceding three months.

20.       Complaint Cell.- The Union Council, shall set up a complaint cell for efficient resolution of grievances of residents within the ambit of its jurisdiction.

21.       Capacity building.-    The Chairman shall arrange periodical training of the Secretaries in collaboration with the training institutions of the Government.

22.       Channel of correspondence.- All correspondence of the Union Council shall be conducted through the Chairman.

23.       Repeal.- The Punjab Union Administration Rules of Business, 2002 is hereby replaced.

Secretary

Government of the Punjab

Local Government and Community

Development Department

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