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Transcript of Islamabad Local Government
Islamabad Capital Territory Local
Government Act,2015
M.Waseem Sajjad (MWS)
M.Phil. Public Policy
PIDE School of Public Policy
15 April 2016
Page 2
Table of Content
ICT Profile 1
Historical Perspective 2
Legal Framework under ICT 3
Local Government Election and Administration 4
Local Government finance and Taxation 5
1st and 2nd generation theory and ICT LG 2015 6
7 Critical Analysis
8 Conclusion
Page 3
ICT Profile and Historical Perspective
Page 4
Historical Perspective
New capital established at Islamabad on Feb 24th, 1960
Part of Rawalpindi administration till June 1980
Administrative functions assumed by Federal Government vide Presidential
Order 18 of 1980 promulgated on January 1st, 1980.
Administrator (later re-designated as Chief Commissioner) created.
CDA operating under CDA Ordinance, 1960
Page 5
EXISTING MUNICIPAL DIVISION
Municipal Area under
CDA Area under 12 Ucs
under ICT LGO 1979
4/19/2016 5
Islamabad Capital Territory
Rural Area: 44% of Total ICT Area (=906 Sq.Km)
Area of ICT: Total 906 sq Km
Population: Total 1.4 M (Estimated)
1998 Census: 805,235
Existing UCs (in Rural ICT only)
under LGO 1979 : 12
Total Villages in ICT : 133
Page 6
LEGAL FRAMEWORK FOR ESTABLISHMENT
OF LOCAL GOVERNMENT SYSTEM UNDER PROPOSED ICT LG BILL 2015
Page 7
LEGAL FRAMEWORK UNDER ICT LG
There shall be no Rural-Urban Divide and the operations shall extend to whole
of ICT
A two-tier system with a Metropolitan Corporation and Union Councils
Bill envisages party based elections – S.26 (I)(k) states as follows:
26. Disqualifications for candidates and elected members. — (1) A
person shall be disqualified from being elected or chosen as, and from being, an elected member
of a local government, if he-
…
(k) has used for his election the platform, flag, symbol, affiliation and financial
or material resources or support of a political, religious, ethnic or sectarian party or
organization.
Page 8
LEGAL FRAMEWORK UNDER ICT LG BILL
Election Commission of Pakistan has delimited Union Councils in line with the
directions of Honorable Supreme Court of its order dated 20.03.2014.
Section 6 of the ICT LG Bill, 2015 as passed by National Assembly and pending
assent of Senate of Pakistan, requires the Government* to determine the
number of Union Councils in Islamabad Capital Territory.
Section 15-A of the CDA Ordinance shall be repealed thus devolving municipal
functions, exercised by CDA, to the local governments
* Government means Federal Government under section 2(s) of ICT LG Bill, 2015
Page 9
LG ADMINISTRATION
Local Governments shall not exercise the executive authority of
the F.G.
Overall Master plan (planning function) of ICT will be held only
with by CDA.
Anything not covered under this act shall be done by LG or
otherwise Government.
Page 10
Jurisdictions between two UC’s could be requested to F.G.
Required two-third majority of total membership of each UC to change.
Not quitting revenue estate functions in each UC.
There shall be no Rural-Urban Divide and the operations shall extend to whole of ICT.
A two-tier system with a Metropolitan Corporation and Union Councils
A UC shall be a:
– Territorial area.
– Shall not cross boundaries of Metropolitan Corporation.
– Uniform population.
There shall be a LG Consisting of:
– Metropolitan Corporation for ICT and;
– Union Councils for ICT.
Page 11
A two-tier system with a Metropolitan Corporation and Union Councils
A UC shall be a:
– Territorial area.
– Shall not cross boundaries of Metropolitan Corporation.
– Uniform population.
There shall be a LG Consisting of:
– Metropolitan Corporation for ICT and;
– Union Councils for ICT.
Page 12
LEGAL FRAMEWORK UNDER ICT LG BILL
Election Commission of Pakistan to delimit Union Councils in line
with the directions of Honorable Supreme Court of its order
dated 20.03.2014.
Section 15-A of the CDA Ordinance shall be repealed thus
devolving municipal functions, exercised by CDA, to the local
governments.
The members of Metropolitan Corporation shall elect as joint
candidates from amongst the members of Metropolitan
Corporation, the Mayor and Deputy Mayor. (For first session)
Bill envisages party based elections.
Page 13
STRUCTURE OF LOCAL GOVERNMENT
The Union Council shall consist of Chairman and members:
– Six general members
– Two women
– One peasant/worker
– One youth member
– One Non-muslim
The entire Union Council shall be the constituency for the election of all members
(including reserved seats).
Chairman would provide leadership for budgeting, annual dev. plans, issue executive
order to Union Secretaries etc.
Page 14
STRUCTURE OF LOCAL GOVERNMENT
The Metropolitan Corporation shall consist of Chairmen of all Union
Councils and shall include members on following reserved seats:
– Women
– Peasants / Workers
– Non-Muslims
– Youth
– Technocrats
The number of women should not be less than 33 percent, peasants/workers not less
than 5 per cent, non-Muslims not less than 5 per cent, youth not less 5 per cent
each and technocrat not less than 2 per cent. ”
Page 15
LOCAL GOVERNMENT ELECTIONS
The elections shall be based on Adult franchise, through a secret ballot in the
prescribed manner, whereby the electoral rolls shall be provided by the
Election Commission which is responsible for conduct of elections
The requirements for a candidate include 25 years of age, citizen of Pakistan
and enrolled as voter in the electoral rolls of the respective Union Council
The term of the Local Government shall be FIVE years from the date of its first
meeting and the Mayor or Deputy Mayor may be removed from office by Two-
Third majority of the members
Page 16
A Mayor, or Deputy Mayor shall cease the office if vote of no
confidence is passed against them with two third majority.
– Shall not be moved before one year the date of assumption of charge.
– If unachieved, shall not be re-moved before one year.
Every election or removal of a member shall be notified by the
ECP.
Page 17
FUNCTIONS UNION COUNCILS
Chief officer shall ensure coordination between M.C and UC’s in the ICT.
For U.C, the Chairman of the Union Council shall be the C.A.O.
CAO shall assure that M.C is adhered to laws.
The Govt. may further devolve any of its functions.
A LG shall hold at least one meeting during a month.
Page 18
Metropolitan Corporation
Page 19
Islamabad Metropolitan Corporation
Page 20
Page 21
FUNCTIONS OF METROPOLITAN CORPORATION
Functions of Metropolitan Corporation are subject to the provisions of CDA
Ordinance 1960 and ICT Zoning Regulations 1992
The Government may assign any of the functions, of Metropolitan Corporation,
to any authority constituted under a statute or to any public or private company
The Deputy Mayor, and in case there are more than one Deputy Mayor, the
Deputy Mayor who is senior in age, shall perform the functions of the Mayor if
the Mayor is unable to perform his functions on account of absence or for any
other reason.
Page 22
The Mayor Shall
Present budget and tax proposal
Recommend implementation way
Provide Vision and Direction
Develop criteria---KPI
Devise mechanism for accountability
Recommend Strategies and
program to address prioritized need
Page 23
The Mayor Duties
Review the performance of MC in order to
improve
Economy, effeciency and effectiveness
Efficiency of revenue collection services
Implementation of the bye-laws Oversee formulation and execution Of the annual development plan
Page 24
Chief officer: roles and responsibilities
Chief Officer, appointed by Government, shall be the Principal Accounting Officer and shall ensure adherence to all laws, rules, regulations and policies and shall be responsible for
Coordination
internal audit
human resource management
public relations
legal affairs
emergency services
Page 25
Local Government Finance
A local government shall establish a Local fund to which taxes, tolls, fees, rates,
grants by Government, rents and profits, fines/penalties and proceeds from
investments shall be credited and expenditure shall be incurred for repayment
of loan, to satisfy a judgment, for conduct of elections or any other charge as
specified shall be charged upon the local fund
The Auditor-General shall audit the accounts of local government and the Audit
report of the Auditor-General shall be considered by the Public Accounts
Committee of the National Assembly
Page 26
Local Government Finance
Charged expenditure.— (1) The following expenditure shall be charged
upon the Local Fund:
(a) the money required for repayment of loans;
(b) the money required to satisfy any judgment, decree or award against
the local government;
(c) the money that the local government may be required by the
Government to contribute towards the conduct of local government
elections and other deferred liabilities of the local government.
Page 27
Local Government Budget
Budget.— (1) The annual budget for a local government shall contain estimates of:
(a) grants from the Government;
(b) amounts available in the Local Fund
(c) receipts for the next year
(d)expenditure to be incurred for the next year.
(2) The Government shall notify the provisional share
(3) The functionaries of a local government may re-appropriate budget and revised budget shall be submitted to the local government for approval.
Page 28
Local Government Budget
(4) A demand for a grant shall not be made except on the recommendation of the
Mayor or the Chairman.
(5) Conditional grants shown separately in the budget and shall be governed by
the conditions on which such grants were made.
(6) A local government shall prepare the budget in the prescribed manner and in
accordance with the chart of accounts notified by the Auditor-General of Pakistan.
Honoraria and allowances.— A local government may, subject to the prescribed
limitations, make budgetary provisions for honoraria and allowances of the
Mayor, Chairman, Deputy Mayor, Vice Chairman or a member of the local
government.
Page 29
Audit and LG Debts
Audit.— The Auditor-General shall audit the accounts of a local government in the form and manner as may be deemed appropriate.
Local government debt.— (1) A local government shall not incur any debt without previous approval of the Government. (2) A local government may invest surplus funds, if any, in such securities and financial institutions, as may be approved by the Government.
Page 30
LOCAL GOVERNMENT TAXATION
Taxes to be levied.— (1) Subject to this Act, a local government may, by notification, levy any tax, fee, rate, rent, toll, charge or surcharge specified in Fourth Schedule.
A local government shall not levy a tax without previous publication of the tax proposal and inviting and hearing public objections.
A local government may, subject to provision of subsection (1), increase, reduce, suspend, abolish or exempt any tax. Property tax.— The property tax, under this Act, shall be collected by Metropolitan Corporation.
The Tax collected under this section shall be distributed amongst the Metropolitan Corporation and Union Councils in such a ratio as the Government may, by notification, specify.
Page 31
LOCAL GOVERNMENT TAXATION
Collection of taxes.—A tax or fee levied shall be collected in the prescribed manner. (2) The Government may prescribe the mode of collection of a tax or a fee levied under this Act. (3) requested by the local government, the Government shall recover the tax, fee or other money as arrears of land revenue. (4) The recovery of tax, fee or other money under sub-section (3) shall not absolve the person from prosecution of any offence under this Act or any other law.
Additional powers of the Government.— the Government may, by rules, determine the minimum rate of a tax or fee to be levied and collected by a local government. (2) The Government may, exempt the levy of any tax or fee of a local government for a specified period of not more than fifteen days on any special occasion or in order to alleviate the specific hardship suffered by people at large or a section of people.
Page 32
General Power of Local government
No.
Responsibility
No.
Responsibility
1 Animal 9 Development Planning
2 Boundaries and trees 10 Public Health and Sanitation
3 Burial Places/Graveyard and Cremation 11 Public Safety
4 Culture 12 Registration of Births, Deaths, Marriage and
Divorce
5 Dangerous and Offensive Articles and
Trade
13 Social Welfare and Community Development
6 Drainage and Sewerage 14 Streets and streets lighting
7 Food and Market 15 Trades and occupations
8 Licensing 16 Public Vehicles and Parking
17 Water Supply
Page 33
Taxes and Levies
N0. Metropolitan corporation Union Council
1 Water Rate Taxes
2 Drainage rate Entertainment tax
3 conservancy rate Birth and Marriage registration fee
4 fee of construction fee on UC service
5 land changing fee Fee of Public utility i.e. drainage, water etc.
6 licenses fee community tax
7 slaughter house fee fee for licensing of professions and vocation
8 tax on profession, trade any other tax/levy authorized by the government
9 market fee
10 tax on sale of animal
11 toll tax
12 fair and industrial show fee
13 parking fee
Page 34
Core 1st Generation Approaches to FD and ICT LG Act. 2015
Service delivery
responsibility
• Pure Public Goods provided by national govt.
• Fiscal Decentralization and decentralization theorem
• Benefit matching and transparent delivery
• Economies of scale, financial and admin issues consider
Revenue raising power
• Following assignment of revenue raising power show decreasing level of LG fiscal autonomy
• SNG Sets tax rate & base
• SNG sets only tax rate
• SNG set only tax base
Page 35
Core 1st Generation Approaches to FD and ICT LG Act. 2015
Inter-governmental Fiscal Transfer
• Service delivery and taxing power is first level (constitutional level) issue in 1st generation.
• Fiscal transfer is second order (or non-constitutional level) issue
• Imbalance: vertical and horizontal imbalances
• Its best tool for removing imbalances
Subnational borrowing
• SNG borrowing is a controversial issues due to SNGs’ capacities
• investment expenditure and future generation
• Mismatch b/w revenue and expenditure prompt borrowing
• Borrowing increase accountability
• Budget constraints in borrowing
Page 36
2nd Generation Approaches to FD and ICT LG Act. 2015
Two main consideration in 2nd generation theory
i. Political process and behavior of political agent
ii. Asymmetric information and political agent
Weingast: Market Preserving federalism (competition)
Seabright: Incomplete contract (centralization more prefer)
Petchey and Levtchenkova: equalization grants are not determined exogenously
Page 37
RELATIONS WITH GOVERNMENT
The Government may issue directions to a local government BOUNDING the LG.
– Or direct the officer authorized to take any necessary action.
Govt. may direct LG to collect taxes.
Govt. to provide necessary resources to LG (budgetary provisions) for its directions.
The Government shall appoint a LOCAL GOVERNMENT COMMISSION to
conduct inspections, inquiries, audit, resolve disputes with government,
enquire into matters referred, submit annual report on performance, take
cognizance of violation of laws/rules.
The Commission shall be responsible to the Government
Page 38
LOCAL GOVERNMENT COMMISSION
The Commission shall consist of:
A Chairman, who shall be an eminent citizen of integrity and good track record or a
retired civil servant, to be appointed by the Government for a term not exceeding
FIVE years;
two members from general public, one each nominated by the leader of the House
and leader of the Opposition in the National Assembly;
Two eminent, qualified and experienced technocrat members selected by the
Government;
Representative of Chief Commissioner ICT
Director, Development & Finance, ICT.
Page 39
LOCAL GOVERNMENT BOARD
A LG Board shall be constituted.
Headed by a Chairman.
Not less than 3 and not more than five members.
All appointed by the Govt.
– It will be a corporate body.
– Power to acquire, hold and transfer property in its name.
– Chief Commissioner is Ex-officio member.
– Makes appointments, transfers, disciplinary actions.
Page 40
DISSOLUTION OF LOCAL GOVERNMENT
The Govt. may dissolve LG before elections or expiry of their term.
Powers and functions being exercised by LG shall vest in Govt. (Board, funds and
properties)
Offences have been provided in Schedules V and VI. Schedule V offences carry
imprisonment and fines as punishments while Schedule VI offences carry only fines as
punishment by issuing tickets
In order to enforce the municipal bye-laws and other provisions of the Act, Mayor or
the Chairman, with approval of Metropolitan Corporation or Union Council respectively,
shall authorize the officials of local government as Inspectors for enforcement of
offences
Page 41
TRANSITIONAL PROVISIONS
Except as provided by this Act, all existing by-laws, rules, regulations,
notifications or any other legal instrument shall, subject to the Act, continue in
force, so far as applicable and with the necessary adaptations, until altered,
repealed or amended by the Government
The Government shall bring all bye-laws, rules, regulations, notifications or
any other legal instrument, issued under any law in force on the date of
commencement of this Act, in conformity with this Act within a period of two
years from the date of commencement of this Act
Page 42
MISCELLANEOUS
Any question or doubt as to the interpretation of any provision of this Act or of any
order made thereunder shall be resolved by a decision of the President and such
decision shall be final.
The Government or an officer designated by the Government shall, within one hundred
and eighty days of the commencement of this Act, divide rights, assets and liabilities of
the local governments or the Authority amongst the local governments and the
Government or the Authority, and the decision of the Government or of the designated
officer shall be final
Page 43
Critical Analysis
Capacity Issues
Political Affiliation
Overlapping and Coordination failure
Dependency on federal/ provincial transfer
Capacity issues in tax collection
Audit Issues:
Page 44
Any Question