1

International Conference

on

Participatory federalism and De-centerlization

Status of Local Government Law in

Punjab

2

26th September, 2013

Sequence of the Presentation

Key features of the PLGA, 2013

Instruments of effective service delivery under PLGA, 2013

Interface between elected and non-elected officials of Local

Governments under PLGA, 2013

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PLGA, 2013 – Key Features

Rural Urban Divide, except District Lahore

Term of Local Governments 5 years

Age for contesting the election of local governments 25 years

Election on non-party basis

Elections to be conducted by the Election Commission of Pakistan

Special representation of Women, Peasants / Workers, Technocrats,

Youth and Minorities; also eligible to contest on general seats

4

Detai

l

Independent local fund of each local government

Service cadre for local governments at district/divisional

level

Comprehensive enforcement mechanism for municipal

offences

May establish an authority, agency or company

5Continued….

Local government may entrust any of its functions to the

Government or to any other local government

Government may decentralize or entrust any of its

functions to the local government with fiscal resources

Local government may assign its functions to a

public/private organization or enter into public-private

partnership

6Continued….

Pre-audit by the Local Fund Audit

Post audit by the Auditor General of Pakistan

Annual and special inspections by the Punjab Local

Government Commission

Special Audit on the direction of Government and PLGC

Citizens’ right to information

7Continued….

Instruments of Effective Service Delivery Urban Local Governments

Metropolitan Corporation Lahore

Municipal Corporations( five hundred thousand)

Municipal Committees (thirty thousand )

Union Councils (City Councils)

Rural Local Governments

District Councils

Union Councils (Village Councils)

District Authorities

District Education Authorities

District Health Authorities

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Composition

Detail

Punjab Finance Commission

Punjab Local Government Commission

Panchayat for rural areas and Musalihat Anjuman for urban areas

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Detail

Detail

Detail

Continued….

Financial Resources

Own Source Revenue

Punjab Finance Commission Award

Provincial Grants

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Detail

Interface between elected and non-

elected officials of local governments

Executive authority of a local government shall vest in and be

exercised by its Mayor or Chairman

Performance evaluation of officers and officials of the local

government to be made by elected head of the local government

Elected head of the local government to evaluate progress against

the key performance indicators

Social and performance audit

Local Government to publish information about staffing and its

performance on quarterly basis for general information of public

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THANKS

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Own Source Revenue

UIPT (Urban local governments)

TTIP (Both Urban & Rural local

governments)

Tax on sale of animals (Both)

Rent of Property (Both)

Building Plan Approval fee (Both)

Change of land use fee (Both)

Fee for licenses (Both)

Tax on BTS towers (Both)

Fee on trade & Profession (Both)

Fee for registration of births and

deaths (Both)

Parking and bus stand fee (Urban

local governments)

Slaughtering fee (Urban local

governments)

Fee on services (Both)

Water conservancy charge s(Both)

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Mode of

Election

Membership

Indirect Mayor and Deputy Mayors

DirectAll Chairmen of Union Councils in Metropolitan Corporation shall

be ex-officio member of Metropolitan Corporation

indirect Twenty five women members

indirect Five worker members

indirect Three technocrat members

indirect Two youth members

indirect Ten persons from amongst the minority communities

Composition of Metropolitan

Corporation Lahore

There shall be a Metropolitan Corporation for Lahore District

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Mode of Election Membership

Indirect Mayor and Deputy Mayor (s)

DirectAll Chairmen of Union Councils in Municipal Corporation shall

be ex-officio members of Municipal Corporation

indirect Not more than fifteen women members

indirect Two worker members

indirect Two technocrat members

indirect One youth member

IndirectNot more than five persons from amongst the minority

communities

Composition of Municipal Corporation

An integrated urban area having a population of more than

five hundred thousand and all the Divisional HQs shall have

a Municipal Corporation

16

Number of Deputy

Mayors Metropolitan/ Municipal Corporation

09 Metropolitan Corporation Lahore

02

Where population of Municipal Corporation exceeds

one million

01

One additional Deputy Mayor on the population of each one

million of additional population

Deputy Mayors in Metropolitan and Municipal

Corporations

The Government may, on the recommendations of the PLGC, delegate any

function of Mayor to Deputy Mayor

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Mode

of ElectionMembership

IndirectChairman and Vice Chairman as joint candidates

Direct

A Municipal Committee shall consist of the directly elected members

from the wards of the Municipal Committee- not less than eleven or

more than fifty members

IndirectNot more than five women members

IndirectNot more than two worker members

Indirect One youth member

Indirect Not more than three persons from amongst the minority

communities

Composition of Municipal Committee

An integrated urban area having a population between thirty thousand and

five hundred thousand shall be a Municipal Committee

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Mode

of ElectionMembership

Indirect Chairman and Vice Chairman as joint candidates.

Direct

All Chairmen of Union Councils in the District excluding the area of

the Metropolitan Corporation, a Municipal Corporation and

Municipal Committee shall be the ex-officio members of District

Council

Indirect Not more than fifteen women members

Indirect Not more than five peasants members

Indirect One technocrat member

Indirect One youth member

IndirectNot more than five persons from amongst the minority

communities

Composition of District Councils

District Council in each District other than Lahore shall consist of the

Chairmen of all Union Councils in the District

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Number of Vice

ChairmanPopulation of the District Council

02Where population of District Council exceeds one million

01

One additional Vice Chairman on the population of each one

million of additional population

Vice Chairmen in District Council

The Government may, on the recommendations of the PLGC, delegate any

function of Chairman to Vice Chairman

20Number of Seats in Union Councils

Union

Council

Mode of

Election

Membership

DirectChairman and Vice Chairman, as joint

candidates

DirectSix general members to be elected on multi-

member ward basis

Direct Two woman member

DirectOne peasant/worker member

Direct One youth member

Direct One member the minority communities

There shall be a Union Council in rural as well as urban areas of a

District except in Municipal Committees

Union Council in rural areas shall be called as Village Council

and in urban area as City Council

Functions of Local Governments

Provide, manage, operate, maintain and improve the

municipal infrastructure and services

Sanitation and solid waste management

Control over land-use, land-subdivision and land

development

Manage properties and assets vested in the local

governments

Enforcement municipal laws and regulations

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Composition of Punjab Finance Commission

The Punjab Finance Commission shall consist of the following members:

Minister for Finance Chairperson

Minister for Local Government Co-Chairperson

five members of the Provincial Assembly of the Punjab, three nominated by the leader of

the house and two nominated by the leader of the opposition in the Provincial Assembly

Secretary to the Government, Finance Department

Secretary to the Government, Planning and Development Department

Secretary to the Government, Local Government and Community Development

Department

two professional members from the private sector to be nominated by the Government on

such terms and conditions as may be prescribed by the Government.

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Functions of the Punjab Finance Commission

The Punjab Finance Commission shall make

recommendations to the Government on:

a formula for resource distribution including distribution of

provincial allocable amount amongst the local

governments as share of each local government

distribution of amounts received by the Government in lieu

of Octroi and Zila Tax amongst the local governments

matters relating to local government finance referred to

the Provincial Finance Commission by the Government or

by a local government

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Composition Punjab Local Government Commission

The Commission shall consist of the following:

Minister for Local Government Chairman

Three members of the Provincial Assembly of the Punjab,

two nominated by the leader of the house and one

nominated by the leader of the opposition in the Provincial

Assembly

two eminent, qualified and experienced technocrat members, including at least one woman, selected by the Government

Secretary, L G&CD Department as ex-officio member and Secretary of the Commission

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Functions of the Commission

Conduct annual and special inspections of local governments

Conduct an inquiry by itself or through any other agencyabout any matter concerning a local government

Conduct a special audit by itself or direct any other agency toconduct a special audit of any local government;

Resolve the disputes between any Department of theGovernment and a local government or between two or morelocal governments

Conduct social and performance audit of a category of thelocal governments on the basis of specific performanceindicators through a third party and publish the report of suchaudit

Take cognizance of violations of laws and rules by a localgovernment in the performance of its functions

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Composition District Education and

Health Authorities

Government shall separately establish and determine the composition ofthe District Education Authority and District Health Authority for eachDistrict

District Education Authority and District Health Authority shall consist ofthe elected and other technocrat members as may be prescribed on thebasis of proportion of population of the District. However, electedmembers shall be in majority

Government shall appoint the Chairman and the Vice Chairman of eachAuthority

Government shall appoint the Chief Executive Officer of each Authoritywho shall be the Principal Accounting Officer of the Authority

Chairman and the Chief Executive Officer of the Authority shall bepersonally responsible to ensure that the business of the authority isconducted proficiently, in accordance with law and to promote theobjectives of the Authority

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Functions of District Education Authority

establish, manage and supervise the primary, elementary,

secondary and higher secondary schools, adult literacy and non-

formal basic education, special education institutions of the

Government in the district

approve the budget of the Authority and allocate funds to

educational institutions

implement policies and directions of the Government including

achievement of targets set by the Government from time to time for

education

ensure free and compulsory education for children of the age from

five to sixteen years as required under Article 25-A of the

Constitution

ensure teaching standards, infrastructure standards, student safety

and hygiene standards and minimum education standards for quality

education as may be prescribed

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Functions of District Health Authority

establish, manage and supervise primary, and secondary

health care facilities and institutions

approve the budget of the Authority and allocate funds to

health institutions

provide stewardship, ownership and oversight of health

service delivery at primary and secondary levels within the

policy framework given by the Government

coordinate planning and allocate finances for provision of

service delivery at district level

develop referral and technical support linkages between

primary and secondary levels of health care on one hand

and tertiary level health facilities and medical education

institutions on the other

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Panchayat/ Musalihat Anjuman

Each rural Union Council shall constitute a Panchayat for

amicable settlement of disputes in the prescribed manner

Each Municipal Committee and urban Union Council shall

constitute a Musalihat Anjuman for amicable settlement of

disputes in the prescribed manner

Each Panchayat or Musalihat Anjuman shall consist of a

panel of nine members, including at least two women, to be

nominated by the local governments within thirty days of the

first meeting, from amongst residents of the Union Council

and each Ward but the members of the local government

shall not be appointed as members of Panchayat or Musalihat

Anjuman

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30Number of Reserved Seats

Local Government Reserved Seats

Union Council

2 women members, 1 peasant/ worker member,1 youth

member and 1 member from minority communities

(through direct election)

District Council

15 women members, 3 peasant members,1 technocrat

member, 1 youth member and 5 members from minority

communities (through indirect election)

Metropolitan

Corporation Lahore

25 women members, 5 worker members, 3 technocrat

members, 2 youth members and 10 members from

minority communities (through indirect election)

Municipal Corporation

15 women members, 2 worker members,2 technocrat

members, 1 youth member and 5 members from minority

communities (through indirect election)

Municipal Committee

5 women members, 2 worker members, 1 youth member

and 3 members from minority communities (through

indirect election)Back