THE PUNJAB LOCAL GOVERNMENT
COMMISSION (CONDUCT OF
BUSINESS)RULES, 2003
[SOV(LG)5-50/2002(P)]
[8th May, 2003]
CHAPTER - I
PRELIMINARY
1.
Short title
and commencement.- (1)These rules may be called the Punjab Local Government
Commission (Conduct of Business)Rules, 2003.
(2)
They shall come into force at once.
2.
Definitions.-
(1)In these rules, unless the subject or context otherwise requires-
(i)
“audit officer” means a person appointed by the
Commission to conduct special audit of a local government;
(ii)
“business” means all work done by the Commission in
pursuance of the provisions of the Ordinance and the rules framed there under;
(iii)
“Chairman” means the Chairman of the Commission;
(iv)
“Commission”, means the Punjab Local Government
Commission;
(v)
“inspection” means the inspection of all the local
governments conducted under these rules;
(vi)
“inspecting officer” means the Chairman, the member or
the Secretary of the Commission or any officer authorized or appointed by the
Commission for the purpose of inspection of local government;
(vii)
“member” means the member of the Commission;
(viii)
“Ordinance” means the Punjab Local Government
Ordinance, 2001 (XIII of 2001);
(ix)
“province” means the province of the Punjab;
(x)
“Secretary” means the Secretary of the Commission; and
(xi)
“Special audit” means the special audit of the local
governments - ordered by the Commission.
(2)
Words and expressions used herein but not defined in
these rules shall have the same meanings as are assigned to them in the
Ordinance. CHAPTER - II
CONDUCT OF BUSINESS OF THE COMMISSION
3.
Conduct of
business of the Commission.- (1)The business of the Commission shall be
conducted in its ordinary meeting.Provided that the Chairman may call a special
meeting to consider any urgent matter or special items.
(2)
An ordinary meeting of the Commission shall be held at
least once in every month on the date and time fixed by the Chairman: Provided
that, after recording reasons, the Chairman may not hold an ordinary meeting
for a particular month.
(3)
The meeting shall be presided over by the Chairman and
in his absence by a member chosen for that purpose by the members present in
the meeting.
(4)
Intimation for the date and time of an ordinary meeting
and a special meeting shall be sent to the members of the Commission at least
seven days before an ordinary meeting and three days before a special meeting.
(5)
The Commission shall not be restrained from holding
meeting and transacting its business merely because of a vacancy in the
membership of the Commission: Provided that at least one half of the existing
members are present in the meeting.
(6)
All decisions shall be taken by the majority of votes
of the members present and voting: Provided that in case of equality of votes
the Chairman shall have a casting vote.
(7)
The minutes of a meeting shall be confirmed by the
Commission in the subsequent meeting.
4.
Agenda.- (1)The
agenda of the meeting shall be issued by the Secretary with the approval of the
Chairman.
(2)
The disposal of business shall be undertaken by the
Commission in order as given in the agenda.
(3)
Any member desirous of bringing any matter before the
Commission for its consideration may, subject to approval by the Chairman, get
such matter included in the agenda by giving a prior notice of at least three
days in case of an ordinary meeting and two days in case of a special meeting.
5.
Division of
business.- The Chairman may distribute the business of the Commission
regarding inspections, special audits and inquiries among the members of the
Commission with regard to territorial or functional jurisdiction.
6.
Executive
authority.- (1)The executive authority of the Commission shall be exercised
by the Chairman through the Secretary.
(2)
The correspondence on behalf of the Commission shall be
authenticated under the signature of the Secretary of the Commission or an
officer authorized by him.
7.
Powers of the
Commission.- (1)The Commission, any of its members, an inquiry officer or
an inspecting officer duly appointed by the Commission while conducting an
inspection or holding an inquiry shall have the powers of civil court under the
Code of Civil Procedure, 1908
(Act V of 1908)in respect of the following matters: -
(i)
summoning and enforcing the attendance of any person
and examining him on oath;
(ii)
requiring the discovery and production of any document;
(iii)
receiving evidence on affidavits; and
(iv)
issuing commissions for the examination of witnesses or documents.
(2)
The Commission, any of its members, an inquiry officer
or inspecting officer duly appointed by the Commission shall have the power to
require any person to furnish such information as may be useful for the subject
matter of the inquiry or inspection.
(3)
Any member, any officer authorized by the Commission,
an inquiry officer or inspecting officer duly appointed by the Commission, may
enter into any building for inspection, survey of immovable property, any work
in progress under the supervision of local government or place where there is
reason to believe that any article, books of accounts or other documents
relating to subject matter of inspection or inquiry may be found and such
officer or member may take into custody or seal such article, things, books of
accounts, documents or take extracts or copies from such books or documents.
(4)
The proceedings under these rules shall be deemed to be
judicial proceedings within the meaning of section 193 and 228 of the Pakistan
Penal Code, 1860 (XLV of 1860).
8.
Finances.- The
annual budget of the Commission shall be within the authorized appropriation
and control of the Secretary who shall, for this purpose exercise all the
financial and administrative powers as are delegated to an Administrative
Secretary or Principal Accounting Officer of a department.
9.
Secretariat-
The Local Government and Rural Development Department shall be the
secretariat of the Commission and shall render assistance in the proper
functioning of the Commission.Without prejudice to the generality of this
provision, the Secretariat shall be responsible for-
(i)
the proper functioning of the Commission and shall
provide all assistance to the members and Chairman of the Commission;
(ii)
preparation of working paper and its circulation
amongst the member and recording minutes of the meeting of the Commission;
(iii)
implementation and monitoring of the decision of the
Commission.
(iv)
preparation of annual reports about the performance of
the local government at district and Tehsil level;
(v)
preparation of drafts, reports or summaries and other
assignments to be presented to the Chief Executive of the Province with the
approval of the Chairman; and
(vi)
any other assignment given by the Chairman of the
Commission or by the Chief Executive of
the province.
CHAPTER - III
INSPECTIONS
10.
Regular
annual inspection of local governments.- The working of the local
government shall be inspected at least once every financial year by the
inspecting officer or such other officers as may be appointed by the Commission
for this purpose.
11.
Special
inspection.- The special inspection of a local government may be undertaken
by the Commission when the Commission considers it necessary or when a
direction is received from Chief Executive of the Province.
12.
Manner of
inspection.- (1)The Commission shall draw and approve a schedule of regular
annual inspection for each month.
(2)
The dates of inspection shall be communicated by the
respective inspecting officer appointed by the Commission to the concerned
local government in shape of letter or memo at least fifteen days before the
inspection.
(3)
As soon as the letter of inspection issued under sub
rule (2)is received by the respective local government, the concerned Nazim
shall circulate the letter so received to all officers responsible for keeping
the record.
(4)
A notice shall also be affixed on conspicuous places by
the concerned Nazim for information of general public that the inspecting
officer named in this behalf is undertaking inspection of local government on
given dates, so that any citizen, registered voter or tax-payer of local
government may make complaint or representation to the inspecting officer
during inspection.
13.
Inspection
report.- (1)The inspection report shall be discussed by the inspecting
officer with the Nazim concerned in a meeting and both of them shall affix
their signature on the report as a token of discussion.The inspection report
shall be submitted by the inspecting officer to the Commission within thirty
days after inspection of a local government.
(2)
The inspection report so received shall be examined and
evaluated by the members of Commission in the ensuing meeting of the
Commission.
(3)
A copy of the inspection report shall be sent to the
local government concerned with the recommendations and orders of the Commission,
if any, for immediate and necessary action.
14.Action on
inspection report.- (1 )On receipt of inspection report from the
Commission, the concerned Nazim of local government shall take immediate steps
to act upon the recommendations of the Commission.
(2) After
attending to the observation of the inspection report and implementing the
recommendations of the Commission, the Nazim of the respective local government
shall send compliance report to the Commission within thirty days.
CHAPTER - IV
DISPUTE AND INQUIRIES
15.
Settlement
of dispute.- The Commission shall be responsible for the settlement of
disputes between any department of the Government and the District Government
and between two District Governments.
16.
Manner of
settling the dispute.- (1)When two or more District Governments are unable
to settle their dispute amicably the aggrieved District Government shall refer
the matter of dispute to the Commission for settlement.
(2)
The formal request to the Commission by a District
Government shall be made in writing in shape of memorandum containing the
detail of dispute and the matter containing the claim of District Government.
(3)
On receipt of memorandum or request of settlement of
claim or dispute, the Commission shall discuss the matter in its meeting and may
appoint an officer or committee for inquiring into the dispute, if deemed
necessary.
(4)
The Commission, inquiry officer or the inquiry
committee, as the case may be, shall examine the record and hear the
representatives of concerned District Governments and may also make such
inspections as are considered necessary in settling the disputes.
(5)
After completion of hearing and inspection, the inquiry
officer or the inquiry committee shall send the inquiry report along with
recommendations, to the Commission within thirty days of the orders of such
inquiry.
(6)
The Commission shall discuss the inquiry report on the
dispute and pass an appropriate order which shall be binding on the parties in
dispute.
17.
Inquiries.- The
Commission may conduct inquiry into any matter concerning a local government on
its own initiative or whenever it is directed by the Chief Executive of the
Province.
18.
Instances of
inquiries.- The inquiries may be initiated by the Commission in the
following instances:-
(i)
on receipt of direction from the Chief Executive of the
Province or on such other grounds upon which the Commission itself comes to the
conclusion that an inquiry is necessary into the affairs of a local government;
(ii)
on the directions of the Government under Section
30(4)of the Ordinance, where the performance of a District Coordination Officer
of a District Government is reported by the concerned Nazim to be
unsatisfactory, and the Government considers that an inquiry into the matter is
necessary;
(iii)
on the report of District Co-ordination Officer under
section 28(3)of the Ordinance, where in the opinion of the District
Co-Ordination Officer an order of Zila Nazim is motivated or unlawful, and he
seeks recourse in writing to the Commission; and
(iv)
in case of dispute between two or more District Governments
and a department of the Government, when recourse is sought to the Commission
in writing for settling the dispute.
19.Procedure and
manner of inquiry.- (1)The Commission shall look into the material
available to it for the purpose of initiating inquiry proceedings into the
affairs of a local government and frame the issues containing points to be
determined and shall decide whether the inquiry is to be conducted by the
Commission itself or through any administrative department of the Government.
(2)
In case the Commission decides to refer the matter to
the administrative department of Government for inquiry, the issues framed
under sub rule (1)shall be sent to the Secretary to Government of an
administrative department concerned for initiating inquiry proceedings and
sending his report within thirty days.
(3)
Where the Commission decides to hold the inquiry by
itself, it may appoint inquiry officer or inquiry committee to proceed further
into the matter.
(4)
The inquiry officer or inquiry committee shall complete
the inquiry within thirty days.In case the inquiry is not completed within the
prescribed time the inquiry officer or the inquiry committee, as the case may
be, may seek the extension of time by giving reasons in writing to the
Commission.
(5)
The inquiry officer or the inquiry committee, as the
case may be, shall inquire into the charges and may examine such oral and
documentary evidence as may be necessary.
(6)
The inquiry officer or inquiry committee, as the case
may be, shall send the inquiry report with recommendations, within seven days
of the completion of inquiry, to the Commission.
20.Action on the
inquiry report.- (1)On receipt of inquiry report by the Commission from the
inquiry officer or inquiry committee, it shall be examined by the Commission or
member concerned who shall evaluate it and send the matter for discussion in
the meeting of the Commission.
(2)
The inquiry report along-with recommendations of the
members of the Commission shall be reviewed in the meeting of the Commission
and final recommendations shall be prepared and approved by the Commission for
onward transmission to the quarter concerned as mentioned under rule 18 which
ordered or requested the inquiry for further necessary action.
(3)
The findings, recommendations and orders of the
Commission related to the disputes or other matters concerning the local
government shall be sent to the parties concerned and the respective
administrative department.
21. Acts done in good faith.- No suit,
prosecution or other legal proceedings shall lie against any member of the
Commission for any thing done or action taken under these rules in good faith.
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