PROVINCIAL LOCAL GOVERNMENT COMMISSION
- Provincial Local Government Commission.- (1) Government shall appoint a
Provincial Local Government Commission which shall comprise of the following members
–
(a) the Minister for Local Government, who shall be the Chairman;
(b) two members of the Provincial Assembly of Sindh each to be
nominated by the leader of the House and Leader of the Opposition;
(c) [two eminent, qualified and experienced technocrat members
nominated by the Government;]
(d) Secretary, Law Department;
(e) Secretary, Local Government Department, shall be ex-officio member
and Secretary of the Commission.
(2) The Provincial Local Government Commission may, for the performance of its
functions, co-opt any official of the Government for any specific assignment.
(3) The tenure of the members of the Provincial Local Government Commission,
other than Secretaries of Local Government and Law Department, shall be four years.
(4) The Local Government Department, shall provide secretariat support to the
Local Government Commission and the Department shall render assistance in the
functioning of the Commission by establishing a separate Secretariat of the Commission
with sections for each level of council.
(5) No act or proceedings of the Provincial Local Government Commission shall be
invalid by reason of existence of any vacancy in, or defect in, the constitution of the
Commission.
(6) The Government shall provide a separate budget for Local Government
Commission in the Annual Budget.
(7) The Government shall notify the organogram and schedule of establishment of
the Provincial Local Government Commission.
(8) The Secretary of Local Government Department, shall be the Principal
Accounting Officer and the Commission shall have its own Drawing and Disbursing
Officer.
- Functions of the Provincial Local Government Commission.– (1) The functions of the
Provincial Local Government Commission shall be as, otherwise, provided in this Act
and, in particular, it shall –
(a) conduct special inspections of the Councils and submit reports to the
Chief Minister Sindh;
(b) conduct, on its own initiative or, whenever, so directed by the Chief
Minister Sindh, an inquiry by itself or through Council into any matter
concerning a Council;
(c) cause, on its own initiative or, whenever, so directed by the Chief
Minister Sindh, a special audit by itself or direct a Council to arrange a special
audit, of any Council;
(d) resolve disputes between any Department of Government of Sindh and
Council or between two Councils;
Provided that if the Local Government Commission fails to settle the disputes,
the aggrieved party may move the Chief Minister Sindh for resolution thereof;
(a) enquire into the matters referred to it by the Chief Officer under the
provisions of this Act and give its decision thereon or, as the case may be, make
report to the competent authority;
(b) submit to the Chief Minister Sindh an Annual Report on the overall
performance of the Council;
(c) take cognizance of violations of laws and rules by a Council in
performance of its functions;
(d) organize consultative planning meetings of National and Provincial
legislators, Mayors, Deputy Mayors, Chairmen and Vice Chairmen of Councils on
a periodic basis to provide their participation in development activities of the
district with regard to –
(i) the consultative process of the Annual Development Plan of the
Council;
(ii) formulating procedure for utilization of the Legislators
development grant;
(iii) assessing implementation of decision of these meetings; and
(iv) carrying out review of development schemes;
(2) The directions and orders of the Provincial Local Government Commission
arising out of its inspections and inquiries under this Act shall be binding upon the
concerned Council failing which the Commission shall report the matter with specific
recommendations to the Chief Minister Sindh for decision and appropriate action. (3) Where the Provincial Local Government Commission is of opinion that
suspension of a Mayor, Deputy Mayor, Chairman or Vice Chairman of Council is
necessary for the fair conduct of the enquiry under this Act or preventing the Mayor,
Deputy Mayor, Chairman or Vice Chairman of Council from continuing with any
unlawful activity during the pendency of enquiry, it may recommend to the Chief
Minister Sindh for making appropriate order for suspension of such Mayor, Deputy
Mayor, Chairman or Vice Chairman of Council for a maximum period of ninety days.
(4) Where, on any enquiry under this Act, a Mayor, Deputy Mayor, Chairman,
Vice Chairman or a member of a Council is found guilty or misconduct by the Provincial
Local Government Commission, it shall recommend appropriate action, to the Chief
Minister Sindh.
(5) The Provincial Local Government Commission shall have the same powers as
are vested in a civil court under the Code of Civil Procedures, 1908 (Act V of 1908), in
respect of the following matters, namely –
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) compelling the production of documents;
(c) receiving evidence on affidavits; and
(d) issuing commission for the examination of witnesses.