WHEREAS it is expedient to devolve political power and decentralize administrative and financial authority to accountable local governments for goods governance, effective delivery of services and transparent decision making through institutionalised participation of the people at grass roof level;
AND WHEREAS the Provincial Assembly stand dissolved in pursuance of the Proclamation of the fourteenth day of October, 1999 and the Provisional Constitution Order No.1 of 1999;
AND WHEREAS the Governor of Sindh is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the aforesaid Proclamation and the Provisional Constitution Order read with Provisional Constitutional (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the Sindh is pleased to make and promulgate the following Ordinance.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. (1) This Ordinance may be called the Sindh Local Government Ordinance, 2001.
(2) It extends to the whole of the Province of Sindh other than the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), in relation to the matters covered under said Act.
(3) It shall come into force on the fourteenth day
of August, 2001, except the provisions as contained in section 39 (k), Chapter
XVII and section 196 (1) (ii) of Chapter XIX which shall come into force on
such date or dates as the Government may, be notification in the official
Gazette, appoint:
provided that the provisions as contained in Chapter XII shall be applicable
only for the financial year 2001-2002.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context.
(i) body corporate means a body having perpetual succession and a common seal, with power to acquire and hold movable and immovable property, and transfer any property held by it, and enter into any contract and may sue and be used in its name;
(ii) budget means an official statement of income and expenditure for a financial year;
(iii) building includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes wall, well, veranda, platform, plinth, ramp and steps;
(iv) building line means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed;
(v) bye-laws means the bye-laws made under this Ordinance;
(vi) Council means a Zila Council, Taluka Council. Town Council, Union Council, Village Council and Neighbourhood Council;
(vii) decentralise or decentralised means conferment by the Government under this Ordinance of its administrative and financial authority for the management of specified offices of the Provincial Government to the local governments;
(viii) dependent means wholly or partially dependent parents, spouse, guardians, children, step and adopted children;
(ix) disaster includes famine, flood, cyclone, fire, earthquake, drought, and damages caused by force mejeure;
(x) district means a district notified under the Sindh Land Revenue Act, 1967 (W.P. XVII of 1967), and includes a largely urban district or districts declared to be City District under this Ordinance,
(xi) drain includes a sever, a house drain or a drain of any other description, used for carrying sullage or rain water;
(xii) elector means a person whose name appears on the electoral rolls prepared under the Sindh Local Government Election Ordinance, 2000 (X of 2000)
(xiii) Government means the Government of the Sindh;
(xiv) land includes vacant land or on which any structure has been raised or is being raised or is covered with water or is under cultivation or is fallow or is barren and, in relation to a town improvement scheme, includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894 (IV of 1894);
(xv) local area means an area specified in Chapter II;
(xvi) local government includes.
(a) a District Government or a City District Government and Zila Council;
(b) a Taluka Municipal Administration and Taluka Council;
(c) a Town Municipal Administration and Town Council; and
(d) a Union Administration and Union Council;
(xvii) mal-administration means-
(a) a decision, process, recommendation, act of omission or commission which is-
i. contrary to the law, rules or regulations or is a departure from established practice or procedure; or
ii. perverse, arbitrary or unreasonable, unjust, biased, oppressive, or discriminatory; or
iii. based on irrelevant grounds
(b) neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities or delivery of civic and municipal services under this Ordinance or any other law for the time being in force;
(xviii) market means a place notified as market under this Ordinance or any other law for the time being in force;
(xix) member means an elected member of a Council;
(xx) Deh means a revenue estate declared under the Sindh Land Revenue Act, 1967 (W.P Act XVII of 1967);
(xxi) municipal offences means the offences specified in the Fifth Schedule or any other law for the time being in force;
(xxii) municipal services include, but not limited to intra city or intra or inter town or Taluka network of water supply, sanitation, conservancy, removal and disposal of sullage, refuse, garbage, sewer or storm water, solid or liquid waste, drainage, public toilets, express ways, bridges, flyovers, public roads, streets, footpaths, traffic signals, pavements and lighting thereof, public parks, gardens, arboriculture, landscaping, billboards, hoardings, fire fighting, land use control, zoning, master planning, classification, declassification or reclassification of commercial or residential areas, markets, housing, urban or rural infrastructure, environment and construction, maintenance or development thereof and enforcement of any law or rule relating thereto;
(xxiii) Naib Nazim means Naib Zila Nazim, Naib Taluka Nazim, Naib Town Nazim, or, as the case may be, Naib Union Nazim;
(xxiv) Nazim denotes Zila Nazim, Taluka Nazim, Town Nazim or, as the case may be, Union Nazim;
(xxv) Neighbourhood means a Mohallah, a group of streets, lanes or roads, designated by Taluka Municipal Administration or Town Municipal Administration to be the Neighbourhood;
(xxvi) peasant means a person who is a landless farm worker or one who during the period of five years preceding the year in which election is held, has been the owner of not more than five acres of land and depends directly on it for subsistence living,
(xxvii) prescribed means prescribed by rules made under this Ordinance;
(xxviii) public place means any building, premise or place to which the public have access;
(xxix) rent means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land;
(xxx) street line means a line dividing the land and forming part of a street from adjoining land;
(xxxi) tax includes any cess, fee, rate, toll or other impost leviable under this Ordinance;
(xxxii) Taluka means a Taluka notified under the Sindh Land Revenue Act, 1967 (W.P. Act XVII of 1967);
(xxxiii) Taluka Municipal Administration includes the Taluka Nazim and the officials and employees of the Taluka Municipal Administration specified in section 49;
(xxxiv) town means an area notified by the Government under section 9 to be a town in a City District;
(xxxv) Town Municipal Administration includes the Town Nazim and the officials and employees of the Town Municipal administration specified in section 50;
(xxxvi) Union means a local area notified under section 6 to be a union under this Ordinance;
(xxxvii) Union Administration includes the Union Nazim, Union Naib Nazim, the Union Secretaries, and other Union employees;
(xxviii) Village means an integrated and contiguous human habitation commonly identified by a name and includes a dhok, chak, killi, goth, gaown, basti or any other comparable habitation;
(xxxix) water reservoir includes a spring, well, tube well, pond, tank, water course, culvert, and any channel used for supplying water other than canal, river, lake or stream;
(xi) work includes a survey, whether incidental to any other work or not and
(xli) worker means a person directly engaged in work, or is dependent on personal labour, for subsistence living and includes a worker as defined in the Industrial Relations Ordinance, 1969 (XXIII of 1969).
3. Ordinance to over ride other laws: - The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
4. Local Governments to work within Provincial framework.
(1) The local governments established under this Ordinance shall function within the Provincial framework and adhere to the Federal and Provincial laws.
(2) In performance of their functions, the local governments shall not impede or prejudice the exercise of the executive authority of the Government.
CHAPTER II
LOCAL AREAS AND LOCAL GOVERNMENTS
5. Composition of local areas: - For the purpose of this Ordinance, the following shall be the local areas, namely: -
(i) Union;
(ii) Taluka;
(iii) Town and
(iv) District and City District.
6. Delimitation of Unions: - A Union shall be an area comprising one or more dehs or, in the case of an area where revision of settlement under the law has not been taken, one or more census villages or, in the case of an area with urban characteristics, a whole number of population census blocks as delimited for the purpose of last preceding census or a combination of whole number of census blocks and a whole number of dehs, notified as such by the Government:
Provided that, as far as may be: -
(a) the area of a Union shall be a territorial unity;
(b) the boundaries of a Union shall not cross the limits of a Taluka, or a town in a city district;
(c) the area of a union in a Taluka shall comprise a whole number of tapedari circles, or a tapedari circle may contain a number of whole Unions;
(d) the area of a Union in a City District, or a Union with urban characteristics shall comprise a whole number of census blocks as delinuted for the purpose of the preceding population census or a whole number of dehs or a combination of a whole number of census blocks and dehs; and
(e) the population of Unions within a district shall, more or less, be uniform:
Provided further that in a specific case, the Government may, for the reasons to be recorded, waive the aforesaid conditions.
7. Delimitation of Talukas and districts:- The Government shall, by notification in the official Gazette, declare Talukas and districts notified under the Sindh Land Revenue Act, 1967 (W.P. Act XVII of 1967), to be Talukas or, as the case may be, districts under this Ordinance.
8. Creation of a City District:- In addition to the Provincial headquarters notified by the Government as City District of Karachi, the Government may, by notification in the official Gazette, declare a Taluka or Talukas within one or more adjoining districts as a City District if
(a) the population of urban settlement therein or of proximate settlement exceeds one million people;
(b) the economy thereof is largely oriented to commercial, industrial, and services sectors, and according to the last preceding census, the labour force employed in such sectors or in non agricultural sectors is more than sixty six percent; and
(c) the existing administrative and municipal infrastructure therein have become inadequate for efficient service delivery and require integrated development and management.
9. Setting up of a town:- (1) The Government may, by notification in the official Gazette, declare a whole number of contiguous Unions to be a town in the City District under this Ordinance.
(2) On notification referred to in sub section (1), the Government may, by notification in the official Gazette, declare every town referred to in that sub section to be a Taluka or subdivision for the purpose of this Ordinance.
10. Local areas under previous law to continue:- Unless varied under this Ordinance, any local area declared or notified by the Government under the Sindh Local Government Election Ordinance, 2000 (X of 2000), as union, Taluka, town, district or City District shall continue to retain such status and shall be deemed to have been notified as such under this Ordinance.
11. Alteration of local areas:- (1) Any two or more adjoining Union within a Taluka or adjoining Talukas within a district may, after having invited public objections through a resolution, during the third year of their being in office, passed by two third majority of the total membership of each of the relevant Union Councils, or as the case may be, Taluka Councils, make a proposal to the Government for a change in their respective boundaries subject to the conditions that no revenue estate shall be divided and the size of population in the Unions shall, as far a$ possible, be dose to the average population of Unions within a district.
(2) The Government may, subject to previous publication,
notify the change in the boundaries of the Unions, Talukas or towns:
Provided that such change shall come into force on the announcement of next
local governments elections.
12. Local governments for local areas:- (1) For each local area, there shall be a local government comprising.
(a) District Government and Zila Council in a district
or a City District;;
(b) Taluka Municipal Administration and Taluka Council in a Taluka;
(c) Town Municipal Administration and Town Council in a town; and
(d) Union Administration and Union Council in a Union.
(2) In case of a district consisting of a single Taluka, the Government may dispense with setting up of Taluka Council and holding of election of Taluka Nazim and Naib Taluka Nazim in such Taluka and in that case the Taluka Municipal Administration shall function directly under Zila Nazim and the functions of Taluka Council shall be performed by the Zila Council.
(3) In case of a Taluka consisting of a single Union, the Government may dispense with setting up of Taluka Council and holding of election of Taluka Nazim and Taluka Naib Nazim in such Taluka and in that case the functions of the Taluka Municipal Administration shall be performed by the Union Administration.
CHAPTER III
DISTRICT GOVERNMENT
13. Composition of District Government:- (1) The District Government shall consist of Zila Nazim and District Administration.
(2) The District Government shall be competent to acquire, hold or transfer any property, movable and immovable, to enter into contract and to sue or be sued in its name, through District Coordination Officer.
14. Decentralized offices and grouping of offices: - (1) On the commencement of this Ordinance, the administrative and financial authority for the management of the offices of the Government specified in Part A of the First Schedule set up in a district shall stand decentralized to the District Government of that district:
Provided that where there is no office of the Government in a district specified in Part-A of the First Schedule and the Government sets up an office on a subsequent date, such office shall be decentralized to the District Government from that date.
(2) Where in a district, there is no office specified in Part B of the First Schedule, the Government shall set up such offices and post officers and staff in such offices.
(3) The offices decentralized to the District Government and offices set up the Government shall be grouped in various groups specified in Part C of the First Schedule:
Provided that the Government may, for the reason of
non-existence of any office or offices specified in the First Schedule in
a district, in consultation with the District Government of such district,
vary or amalgamate the grouping of offices for efficiency and effectiveness
by notification in the official Gazette:
Provided further that the number of groups of offices shall not exceed the
number of groups specified in Part C of the First Schedule.
15. Entrustment of certain decentralised offices to Taluka Municipal Administration: - Subject to section 14 and section 5 2, on the commencement of this Ordinance, the administrative and financial management of the offices of the Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department which were providing services at the regional, zonal, circle, divisional, district and Taluka levels shall stand entrusted to respective Taluka Municipal Administration or Town Municipal Administration, as the case may be, alongwith the employees working in such offices:
Provided that the Government may direct for retention of certain components of Housing and Physical Planning Department with the District Government alongwith the officers and members of staff working therein.
16. Authority and responsibility of District Government. (1) The authority of the District Government shall comprise the management and control of offices of the departments which are decentralised to it or may be set up under this Ordinance; provided that the District Government shall exercise such authority within the district in accordance with the general policy of the Government.
(2) Every order in the District Government shall be expressed to be made in the name of the District Government and shall be executed by an officer or authority of the District Government duly authorised.
(3) The District Government shall be responsible to the people and the Government for improvement of governance and delivery of services within the ambit of the authority decentralised to it under this Ordinance.
17. Zila Nazim. (1) The Zila Nazim shall head the District Government and perform such functions and exercise such powers as have been assigned to him under this Ordinance and be assisted by the District Coordination Officer.
(2) The Zila Nazim shall ensure that the business of the District Government is carried out in accordance with the provisions of this Ordinance and other laws for the time being in force.
18. Functions and powers of the Zila Nazim. (1) The functions and powers of the Zila Nazim shall be to
(a) provide vision for the district wide development, leadership and direction for efficient functioning of the District Government;
(b) develop with the assistance of the District Administration strategies and timeframe for accomplishment of the relevant goals approved by the Zila Council;
(c) perform functions relating to law and order in the district;
(d) ensure implementation of the functions decentralised
to the District Government;
(e) oversee formulation and execution of the annual development plan, delivery
of services and functioning of the District Government;
(f) present proposal to the Zila Council for approval
of budget for the District Government, Zila Council and infra district fiscal
transfers;
(g) maintain administrative and financial discipline in the
District Government.
(h) present tax proposals to the Zila Council; (i) present report on the performance of the District Government in person to the Zila Council at least twice a year;
(j) preside over the meetings of the Zila Mushawarat Committee;
(k) take charge, organise and prepare for relief activities in disasters or natural calamities;
(l) authorise officers of the District Government to sign documents on its behalf;
(m) initiate inspections of Taluka Municipal Administration, Town Municipal Administration and Union Administration in the district pursuant to section 135;
(n) establish and supervise the working of the internal
Audit Office;
(o) issue executive orders to the District Coordination Officer and Executive
District Officers for discharge of the functions decentralised to the District
Government;
(p) to represent the District Government on public
and ceremonial occasions; and
(q) perform any other function as may be assigned to him
by the Government.
(2) The Zila Nazim shall not employ any advisor, special assistant or a political secretary other than support staff allocated to his office from amongst the officials available in the district.
19. Right of the Zila Nazim to take part in Council's meetings. The Zila Nazim shall have the right to speak and otherwise take part in the proceedings of the Zila Council, but shall not be entitled to vote.
20. Personal responsibility of the Zila Nazim. The Zila Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.
21. Resignation of the Zila Nazim. The Zila Nazim may resign a from office by tendering resignation in writing addressed to the Chief Executive of the Province.
22. Vacancy in the Office of Zila Nazim. (1) In case the office of Zila Nazim falls vacant for reason of his death, resignation, removal or suspension or, where in the opinion of the Zila Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Zila Nazim shall act as Zila Nazim till an officiating Nazim is appointed under sub section (6) of section 156 or a new Zila Nazim is elected under subsection (5) of that section:
Provided that the officiating Zila Nazim shall not
be a candidate in the election for Zila Nazim.
(2) Where a Zila Nazim is unable to perform his functions for reason of his
temporary absence, he may authorise Naib Zila Nazim, in writing to act on
his behalf till he resumes his duties.
23. External recall of Zila Nazim. (1) If in the opinion of the Chief Executive of the Province, the continuance in office of a Zila Nazim is against the public policy or interest of the people or he is guilty of misconduct, the Chief Executive of the Province may move a motion in the Provincial Assembly stating the grounds for the recall of Zila Nazim.
(2) Where the motion referred to in sub section (1) is approved through a resolution passed by a simple majority of total membership of the Provincial Assembly, the Zila Nazim shall cease to hold office immediately on passing of such resolution:
Provided that the Zila Nazim shall be provided an opportunity of being heard by the Provincial Assembly.
(3) The result of the approval of the resolution of the Provincial Assembly referred to in sub section (1) shall be notified by the Government in the official Gazette.
(4) Nothing contained in sub sections (1) and (2) shall affect the provisions of section 161 in respect of removal of Zila Nazim by the Chief Election Commissioner.
24. Internal recall of a Zila Nazim. (1) If in the opinion of a member of the Zila Council, there is a reason to believe that the Zila Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity for improvement in governance and service delivery to the people within the ambit of his responsibilities, he may, seconded by another member of the Council, give notice to move a motion in the Zila Council through the Naib Zila Nazim for recall of the Zila Nazim.
(2) On receipt of notice referred to in sub section
(1), the Naib Zila Nazim shall summon a session of Zila Council not earlier
than three days but not later than seven days, if the Zila Council is not
already in session.
(3) Where the Zila Council is already in session, the motion referred to in
sub section (1) shall be taken up for deliberations on the next day from its
receipt by the Naib Zila Nazim;
(4) If the motion referred to in sub section (1) is approved by majority of the votes of its total membership through a secret ballot, the Election Authority shall cause a vote to be cast by the members of Union Councils in the district.
(5) Where the motion is approved by simple majority of the total number of members of the Union Councils is the district, the Zila Nazim shall cease to hold office from the date of notification issued in this behalf by the Election Authority.
(6) Where the motion fails in the Zila Council, the proposer and seconder of such motion shall lose their seats both as Union Nazims and members of Zila Council.
(7) The Zila Nazim shall have the right to appeal before the Zila Council and address it in his defence before approval or rejection of motion referred to in subsection (5).
(8) No motion for recall of Zila Nazim shall be moved during the first six months of assumption of office of Zila Nazim nor shall such motion be repeated before the expiry of twelve months from the rejection of previous motion.
Explanation: For the purpose of this section and other provisions of the Ordinance, the expression "Election Authority" shall mean the authority nominated by Government for causing voting of the members of Union Councils, Village Councils Neighbourhood Councils, whenever so required for recall of Zila Nazim, Taluka Nazim, Town Nazim or as the case may be, Union Nazim.
25. Setting aside an order of Zila Nazim by Chief Executive of the Province. (1) The Local Government Commission may, on its own accord or on receipt of an information or on an application, take notice of an order or decision of general application passed by a Zila Nazim and recommend to the Chief Executive of the Province for its quashment, if in the opinion of the Commission such order or decision of the Zila Nazim is against the public policy or interest of the people:
Provided that the Zila Nazim may be given an opportunity of being heard before making recommendation to the Chief Executive of the Province.
(2) The quashment of the order or decision referred to in subsection (1) shall be notified by the Local Government Commission in the official Gazette.
26. Structure of District Administration. The District Administration shall comprise the district offices, including sub offices of the Departments of the Government decentralised to the District Government and other offices set up by the District Government and grouped under the Executive District Officers and coordinated by the District Coordination Officer.
27. Heads of the offices and groups. (1) The District
Coordination Group of Offices shall be headed by the District Coordination
Officer.
(2) A group of offices, other than the District Coordination
Group of Offices, shall be headed by an Executive District Officer.
(3) The District Officers shall head the district offices.
(4) The Government shall setup sub offices of the offices decentralised to
district government in every Taluka or town in a city district depending upon
the needs of such Taluka or as the case may be town for such sub office;
Provided that where any sub office exists or is set up in a Taluka or town in a City district the Deputy district Officer shall head such sub office.
28. District Coordination Officer. In every district,
the Government shall appoint a District Coordination Officer who shall be
a civil servant of the Federation or of the Province, as far as possible in
Basic Scale 20:
Provided that in a City District, the District Coordination Officer may be
a civil servant of the Federation or Province in Basic Scale 21.
(2) The District Coordination Officer shall be coordinating head of the District Administration and shall
(a) ensure that the business of the District Coordination Group of Offices is carried out in accordance with the laws for the time being in force;
(b) co ordinate the activities of the groups of offices for coherent planning, synergistic development, effective and efficient functioning of the District Administration;
(c) exercise general supervision over programmes, projects, services and activities of the District Administration;
(d) coordinate flow of information required by the Zila Council for performance of its functions under this Ordinance;
(e) act as Principal Accounting Officer of the District Government and be responsible to the Public Accounts Committee of the Provincial Assembly;
(f) act and perform functions of Collector under sections 54, 68, 70(2), 71, 72, 92, 93, rule 18 of the Order XXI, Order XL and for similar other provisions of the Code of Civil Procedure, 1908 (Act V of 1908);
(g) assist the Zila Nazim in accomplishment of administrative and financial discipline and efficiency in the discharge of the functions assigned to District Administration;
(h) prepare a report on the implementation of development plans of the District government for presentation to the Zila Council in its annual budget session; and
(i) initiate the performance evaluation reports of the Executive District Officers and shall be countersigning officer of such reports of the District Officers initiated by the Executive District Officers.
Explanation:- For the purpose of this section, the expression coordinating head means the authority to call for review and assess the performance of the groups of offices, individually or collectively, and give directions for taking actions or measures for improving efficiency, service delivery and achievement of goals assigned in the approved plans of the District Government.
(3) Where in the opinion of a District Coordination Officer an order of the Zila Nazim is motivated or unlawful, he may seek recourse in writing to the Local Government Commission with a copy thereof to the Zila Nazim, and the decision of the Commission in the matter shall be final and binding.
29. Functions and powers of Executive District Officer: The functions and powers of the Executive District Officer shall be to
(a) ensure that the business of the group of offices under his administrative control is carried out in accordance with law and the rules and the human and material resources placed at his disposal are optimally utilised to improve governance;
(b) co ordinate and supervise the activities of the offices and ensure efficient service delivery by the functionaries under his administrative control;
(c) supply information to the Monitoring Committees of the Zila Council and Union Councils;
(d) take appropriate corrective actions based on the information received from Monitoring Committees;
(e) enforce relevant Federal, Provincial laws and rules, including tax laws;
(f) prepare development plans and propose budgetary allocations for their execution;
(g) implement approval plans and policies;
(h) authorise disbursement of performance bonuses to the employees;
(i) prepare proposals for expenditures necessary for the proper conduct of programmes, projects, services, and other activities;
(j) propose relevant bye laws on service delivery to the District Coordination Officer; and
(k) act as Departmental Accounting Officer for his respective group of offices and be responsible to the District Accounts Committee of the Zila Council.
30. District administration working: (1) In matters of policy and important decisions, the District Coordination Officer shall obtain approval of Zila Nazim before communicating such matters and decisions to the Government.
(2) The Government shall appoint all officers and officials to the district offices, groups of offices or other offices in the district specified in the First Schedule.
(3) The tenure of posting of an officer of official of the Government to a District Government shall, ordinarily, be three years.
(4) Where the performance of a district co-ordination Officer is not satisfactory, the Zila Nazim may request the Government for his transfer in writing, with a copy to the District Coordination Officer, stating reasons therefore and the Government shall accede to the request of the Zila Nazim within seven days and the Government may refer the matter to the Local Government Commission.
(5) The Local Government Commission shall inquire
into the matter referred to in sub-section (40 and place the findings and
recommendations before the Chief Executive of the Province for such action
as he may deem necessary.
(6) Where the performance of an Executive District Officer is not satisfactory,
the Zila Nazim may, in consultation with the District Coordination Officer,
request the Government to transfer such officer from the district stating
reasons therefore.
31. Rules of Business for disposal of work: For smooth and efficient disposal of official work, the Government shall make District Government Rules of Business.
32. Assignment of work to Taluka Municipal Administration: A District Government may assign any of its functions to a Taluka Municipal Administration or Union Administration, on such terms and conditions as may mutually be agreed:
Provided that responsibility for discharge of such function shall continue to vest with the Taluka Municipal Administration:
Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.
33. Disposal of Government's work: The District Government may, subject to provision of funds by the Government, but without recourse to additional or enhanced taxation, charge, fees or any other source of public funds and without incurring any debt undertake any of the functions of the Government as may be mutually agreed.
34. Performance evaluation: The annual performance reports of the officers posted in the district shall be initiated by
(a) the Zila Nazim in respect of the District Co ordination
Officer:
Provided that the first countersigning officer shall be the Chief Secretary
and the Chief Minister shall be the second countersigning authority;
(b) the Zila Nazim in respect of the officer in charge of district police concerning the maintenance of law and order in the district:
Provided that the first countersigning officer shall be the Inspector General of Police and chief Executive of the Province shall be the second countersigning officer;
(c) the District Co ordination Officer in respect of the Executive District Officers and Zila Nazim shall be the countersigning officer;
(d) the Executive District Officer in respect of the District Officers:
Provided that the District Coordination Officer shall be the countersigning Officer and head of the concerned department of the Government shall be the Technical Reporting Officer; and
(e) the District Officer in respect of the Deputy district Officers and the Executive District Officers shall be the countersigning officer.
35. Offices of the City District: Subject to any variation, the Government may, in addition to the offices specified in section 14, set up other offices and groups of offices specified in Part D of the First Schedule in a City District.
36. Integrated management of services in City District. On creation of a City district under section 8, the organizations and authorities providing municipal services and facilities and the offices decentralised or set up in a Taluka or Talukas or districts notified to be City District shall come under the administrative and financial control of the City District Government.
CHAPTER IV
ZILA COUNCIL
37. Composition of Zila Council: (1) A Zila council shall consist of all Union Nazims in the district and following members elected on the reserved seats namely:
(i) such number of women so as to represent thirty three percent of the total number of the Unions in the district;
(ii) such number of peasants and workers so as to represent five percent of the total number of the Unions in the district, subject to a minimum of one seat; and
(iii) such number of persons from minority communities so as to represent five percent of the total number of the Unions in the district, subject to a minimum of one seat.
(2) If, in calculating a percentage for the purposes of subsection (1), the number of reserved seats does not come out to be a whole number and such number is-
(a) less than one half, the number shall be rounded down to the next lower number; or
(b) one half or more, the number shall be rounded up to the next higher number.
38. Secretariat of the Council: THE Zila Council shall have its Secretariat under the Naib Zila Nazim and shall have a separate budget allocation.
39. Functions and powers of Zila Council: The functions and powers of a Zila Council shall be to:
(a) approve bye laws proposed by the District Government under this Ordinance;
(b) approve taxes proposed by the District government on the subjects specified in Part I of the Second Schedule;
(c) approve long term and short term development plants, annual and supplementary budgetary proposals of the District Government and, where required, intra district fiscal transfers;
(d) approve annual budget of the Zila Council;
(e) elect committees of the Zila Council for monitoring the performance of the District Government;
(f) ensure the Monitoring Committees of the Zila Council perform their functions in a non-intrusive manner without interfering in the day to day working of the relevant offices of the District Government and do not assume a command and control role;
(g) review the Monitoring Committees quarterly reports on the performance of the District Government;
(h) elect an Ethics Committee (Code of Conduct Committee) which shall be responsible for enforcing the code of ethics for regulating the conduct of the members of the Zila Council;
(i) elect an Insaf Committee which shall facilitate access of the people to the Member Inspection Team of the High Court for redressing their grievances;
(j) elect a Sports and Culture Committee which shall promote sports and cultural events in the district and youth participation in healthy pursuits;
(k) elect the members of Zila Council for representation in the District Public Safety Commission;
(l) elect a Zila Accounts Committee;
(m) constituted Farm Produce Market Committee under the relevant law;
(n) approve the proposal of the District Government for changes in the number of posts of officials and employees of the decentralised offices of District Administration and Taluka Municipal Administration and Town Municipal Administration as part of the budget statement;
(o) approve posts for the office staff of Zila Nazim and staff of Zila Council subject to. the restriction imposed under sub section (11) of section 109:
Provided that no post of advisor, special assistant, press or political secretary to the Zila Nazim shall be sanctioned or approved:
(p) make recommendations to the District Government for enhancement of the care of disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependants, abused children, needy and disadvantaged persons;
(q) authorise Zila Nazim, Naib Zila Nazim, Taluka Nazim, Naib Taluka Nazim, Town Nazim, Naib Town Nazim, Union Nazim, Naib Union Nazim and members of the Councils to receive honorarium, travelling and daily allowances from respective local funds:
Provided that the honorarium and rates of travelling and daily allowances shall be fixed with the approval of the Government and any change thereof authorised by the Zila Council shall be applicable to the succeeding Nazims, Naib Nazims and members of the Councils:
Provided further that the claims for travelling and daily allowances of Naib Zila Nazims shall be sanctioned by the Zia Nazim;
(r) review the performance reports of the District Government presented by Zila Nazim;
(s) review the audit reports of the Zila Accounts Committee;
(t) review measures for flood relief, and storm water drainage; and
(u) require the District Government to undertake measures for good governance and improvement in the delivery of services.
40. Functions of Zila Council in a City District: In addition to the functions specified in section 39, the Zila Council in a City District shall perform the following functions, namely:
(a) approve master plans, zoning, land use plans, including classification and reclassification of land, environment control, urban design, urban renewal and ecological balances;
(b) review implementation of rules and bye laws government land use, housing, markets, zoning, environment, roads, traffic, tax, infrastructure and public utilities;
(c) approve proposals of the District Government for public transport and mass transit systems, construction of express ways, fly overs, bridges, roads, under passes, and inter town streets;
(d) approve development schemes for beautification of areas along rivers, beaches and sea sides; and
(e) review development of integrated system of water reservoirs, water sources, treatment plants, drainage, liquid and solid waste disposal, sanitation and other municipal services.
41. Zila Council to approve certain plans for towns. In the case of a town in a City District, the Zila Council shall perform the functions of approval of such macro municipal plans as may be notified by the City District Government.
42. Conduct of the business of Zila Council. (1) The Zila Council shall regulate its business in accordance with the by laws made by it.
(2) The Zila Council shall meet at least once in every month and shall be in session for at least fifty accumulated days in a year.
(3) Save as otherwise provided, decisions of the Zila Council shall be taken by resolutions passed by a simple majority of the members present and voting and a copy of each resolution shall be transmitted to the Local Government Commission.
(4) The Naib Zila Nazim shall be the Convenor of the Zila Council and shall preside its meetings.
(5) In its first session, the Zila Council shall elect a panel of presiding officers, in order of precedence, of not less than three members who shall, in the absence of, or in the case where a motion for recall of Naib Zila Nazim has been moved, preside over the meetings of the Zila Council.
(6) The quorum of the meetings of the Zila Council shall be fifty one percent of its total membership.
(7) The meeting of the Zila Council shall be open to
public, unles the Council, by a resolution, decides to hold any meeting in
camera.
(8) The minutes of the meetings of Zila Council shall be recorded and maintained
by the Secretariat of the Zila Council.
43. Address of Zila Nazim. (1) At the commencement of first session of the Zila Council after its election and on commencement of first session of every year, the Zila Nazim shall address the Zila Council and shall inform the Council of his plans and programmes for the said year and, as the case may be, the performance of the District Government during the preceding year.
(2) Notwithstanding anything contained in sub section (1), the Zila Nazim may address the Zila Council, whenever he may deem necessary, to associate the Zila Council in the functioning of the District Government.
44. Joint Committee of Councils: The Zila Council may,
with the
consent of Taluka Councils or Union Councils set up joint committees of the
Councils for deliberation of matters in which such Councils may be jointly
interested and may delegate to such joint committees any power which may be
exercised by them, including the power to make bye laws for their functioning.
45. Setting aside a resolution of Zila Council: (1) On a motion initiated by the Government, the Provincial Assembly may, by a resolution stating the grounds thereof passed by simple majority of its total membership, set aside a resolution of the Zila Council, if it considers the same to be against the interest of the people or public policy.
(2) The result of the resolution of the Provincial Assembly referred to in sub section (1) shall be notified by the Government in the official Gazette.
46. Resignation of Naib Zila Nazim: The Naib Zila Nazim may resign from office by tendering resignation in writing addressed to the Zila Nazim.
47. Recall of a Naib Zila Nazim. (1) If in the opinion of a member of Zila Council, there is a reason to believe that the Naib Zila Nazim is acting against the public policy or the interest of the people, or for any other reason, he may, seconded by another member of the Council, give a notice to move a motion in the Zila Council through its senior most presiding officer for recall of Naib Zila Nazim.
(2) On receipt of notice referred to in sub section (1) the senior most presiding officer in the panel referred to in subsection (5) of section 42 shall summon a session of Zila Council not earlier than three days or not later than seven days, if the Zila Council is not already in session.
(3) Where the Zila Council is already in session, the motion referred to in sub section (1) shall be taken up for deliberations on the next day from its receipt in the Zila Council Secretariat.
(4) If the motion referred to in sub section (1) is approved by majority of the votes of its total membership through a secret ballot, the Election Authority shall cause a vote to be cast by the members of Union Councils in the district.
(5) Where the motion is approved by simple majority of the members of the Union Councils in the district present and voting, the Naib Zila Nazim shall cease to hold office from the date of notification to be issued in this behalf by the Election Authority.
(6) Where the motion fails in the Zila Council, the proposer and seconder of such motion shall lose their seats both as Union Nazims and members of Zila Council.
(7) The Naib Zila Nazim shall have the right to appear before the Zila Council and address it in his defence.
(8) No motion for recall of Naib Zila Nazim shall be moved during the first six months of assumption of office of Naib Zila Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.
48. Power of Zila Council to elect officiating Zila Nazim. (1) In case the office of Zila Nazim falls vacant by reason of his death, resignation or removal, the Zila Council shall elect one of its members to be the officiating Zila Nazim till a new Zila Nazim is elected under the provisions of section 156:
Provided that Naib Zila Nazim shall convene the meeting of the Zila Council for the election of officiating Zila Nazim within ten days from the death, resignation or removal of Zila Nazim, as the case may be:
Provided further that the officiating Nazim shall not be a candidate for the office of Zila Nazim in the election for Zila Nazim.
CHAPTER V
TALUKA AND TOWN MUNCIIPAL ADMINISTRATION
49. Composition of Taluka Municipal Administration. In every Taluka there shall be a Taluka Municipal Administration which shall be a body corporate and consist of a Taluka Nazim, Taluka Municipal Officer, Taluka Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Taluka Municipal Administration.
50. Town Municipal Administration. In every town in a City District there shall be a Town Municipal Administration which shall be a body corporate and consist of the Town Nazim, Town Municipal Officer, Town Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Taluka Municipal Administration.
EXPLANATION. For the purpose of sections 49 and 50, the expression `Chief Officers' refers to Chief Officers of the dissolved Local Councils established under Sindh Local Government Ordinance, 1979 (XII of 1979).
51. Provisions relating to Talukas apply to towns.
The provisions relating to Taluka Municipal Administration shall, mutatis
mutandis, apply to Town Municipal Administration and, in their application
to the town in a City District, shall have effect as if references therein
to the Taluka Municipal Administration, Taluka Nazim, Taluka Council, Village
Council and Village were references, respectively, to the Town Municipal Administration,
Town Nazim, Town Council, Neighbourhood Council and
Neighbourhood under this Ordinance.
52. Entrustment of certain decentralised offices to Taluka Municipal Administration. On commencement of this Ordinance, the functions, administration and financial management of the offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department at the regional, zonal, circle, divisional, district, Taluka and lower levels shall stand entrusted to the Taluka Municipal Administration, alongwith the employees working in these offices:
Provided that the Government may direct for retention of a nucleus office of Housing and Physical Planning Department with the District Government for intra-district coordination of Taluka spatial plan:
Provided further that Water and Sanitation Agencies coming under the control of District Government under sub-section (3) of section 182 functioning in a Taluka shall further be decentralized to the concerned Taluka Municipal Administration.
Provided also that Water and Sanitation Agency or similar agencies functioning in a City District and coming under the control of City District under sub-section (3) of section 182 may further be decentralised to the City District Administration or, according to requirements of service delivery, may be decentralised to towns in a City District.
53. Structure of the Taluka Municipal Administration. (1) The Taluka Nazim shall head the Taluka Municipal Administration.
(2) The Taluka Municipal Administration shall include the offices and sub-offices of the Urban Local Councils established under the Sindh Local Government Ordinance, 1979 (XII of 1979), offices and sub-offices of Local Government and Rural Development Department, Public Health Engineering Department and Housing and Physical Planning Department entrusted to it under section 52 for administrative and financial management thereof and sub offices and other offices set up by it under this Ordinance and grouped under the Taluka Municipal Officer.
(3) The Taluka Municipal Officer shall act as co coordinating
and administrative officer in charge of the following Taluka Officers, namely:
(i) Taluka Officer (Municipal Regulations) who shall be responsible for licensing,
management of municipal lands, estates, properties, facilities and enterprises
and enforcement of relevant municipal laws, rules and bye laws.
(ii) Taluka Officer (Infrastructure and Services) who shall be responsible for water, sewerage, drainage, sanitation, roads, other than Provincial and district roads, streets and street lighting; fire fighting, park services.
(iii) Taluka Officer (Planning) who shall be responsible for spatial planning and land use control; building control, and coordination of development plans and projects with Union Administration, Village Councils and other local governments.
(iv) Taluka Officer (Finance) who shall be responsible for budget, revenue and accounts.
(4) The staff of the Taluka Officers referred to in sub section (3) shall be appointed from amongst the officials of the decentralised offices entrusted to Taluka Municipal Administration, Local Council Service and servants of Local Councils established under the Sindh Local Government Ordinance, 1979 (XII of 1979), by the Government keeping in view the requirements of every Taluka Municipal Administration.
(5) Notwithstanding the dissolution of Town Committees, Municipal Committees and Municipal Corporations under this Ordinance, and until any contrary order is made by the Government or the service structure of the members of Local Council Service or the servants of Local Councils is altered, the administrative set up of such Committees and Corporations shall remain in tact and continue providing municipal services and the officers and staff working therein shall come under the executive control of the Taluka Nazim through the Taluka Municipal Officer:
(6) The officers and staff working in the dissolved Zila Councils and Union Councils shall be posted in the offices of such local governments as may be determined by the Government.
54. Functions and powers of the Taluka Municipal Administration. (1) The functions and powers of the Taluka Municipal Administration shall be to-
(a) prepare spatial plans for the Taluka in collaboration
with Union Councils, including plans for land use, zoning and functions for
which the Taluka Municipal Administration is responsible;
(b) seek approval of the Taluka Council to the spatial plans prepared by it
after due process of dissemination and public enquiry, incorporating modifications
on the basis of such inquiry;
(c) execute and manage development plans;
(d) exercise control over land use, land subdivision, land development and zoning by public and private sectors for any purpose, including for agriculture, industry, commerce, markets, shopping and other employment centres; residential, recreation, parks, entertainment; passenger and freight transport and transit stations;
(e) enforce all municipal laws, rules and bye laws governing its functioning:
Provided that the Taluka Municipal Administration may, with the approval of Taluka Council, exempt any Union from application of any specific provision of the bye laws made by the Taluka Council under this Ordinance:
Provided further that the Government may, on the recommendations of Taluka Municipal Administration through District Government, exempt any Union or a part thereof from the application of rules relating to land use, building control, tax on property or in any other matter dealing with municipal services:
Provided also that such exemption shall not extend to any organised housing schemes, zoning of industrial and commercial areas, and matters concerning environmental protection;
(f) prevent encroachments;
(g) regulate affixing of sign boards and advertisements;
(h) provide, manage, operate, maintain and improve the municipal infrastructure and services, including
(i) water supply and control and development of water sources, other than systems maintained by the Union and Village Councils;
(ii) sewerage, sewage and sewage treatment and disposal;
(ii) storm water drainage;
(iv) sanitation and solid waste collection and sanitary disposal of solid, liquid, industrial and hospital wastes;
(v) roads and streets, other than roads falling, under the jurisdiction of, and maintained by, the District Government or Government and streets maintained by the Union Administration or Village Council;
(vi) traffic planning, engineering and management including traffic signaling systems, signs on roads, street markings, parking places, transport stations, stops, stands and terminals;
(vii) street lighting
(viii) fire fighting;
(ix) parks, playgrounds, open spaces and arboriculture; and
(x) slaughter houses;
(i) compile information provided by Union and Village Councils of prioritised projects in the Talukas; (j) prepare budget, long term and annual municipal development programmes in collaboration with the Union Councils, under the directions of Taluka Nazim;
(k) maintain, with the assistance of the District Government, Union and Village Councils, a comprehensive data base and information system for Taluka Municipal Administration and provide public access to it on nominal charges;
(1) propose taxes, cess, user fees, rates, rents, tolls, charges, levies, fines and penalties, under Part II of the Second Schedule for approval of the Taluka Council and notify the same after such approval;
(m) collect approval taxes, cess, user fees, rates, rents, tolls, charges, fines and penalties;
(n) organize sports, cultural, recreational events, fairs and shows;
(o) co ordinate and support municipal functions amongst Unions and Villages;
(p) regulate markets and services and issue licenses, permits, grant permissions and impose penalties for violation thereof as and where applicable;
(q) manage properties, assets and funds vested in the Taluka Municipal Administration and Taluka Council;
(r) develop and manage schemes, including site development in collaboration with District Government and Union Administration;
(s) authorise an officer or officers to issue notice to a person committing any municipal offence and initiate legal proceedings for continuance of commission of such offence or for failure to comply with the directions contained in such notice;
(t) prosecute, sue and follow up criminal, civil and recovery proceedings against violators of municipal laws in the courts of competent jurisdiction;
(u) maintain municipal records and archieves; and
(v) prepare financial statements and present them for internal and external audit in the manner as may be prescribed.
(2) The Taluka Municipal Administration may;
(a) assign or contract out, on such terms and conditions as are approved by the Taluka Council and after inviting public objections, any of its functions to any public private, public or private organization:
Provided that responsibility for discharge of such functions shall continue to vest with the Taluka Municipal Administration.
(b) on such terms and conditions as are mutually agreed, transfer its functions or responsibilities with regard to providing municipal services to the Union Administration or Village Council;
Provided that no function or responsibility shall e transferred without allocation of corresponding resources and funds;
Provided further that the responsibility to regulate and monitor such functions and services shall remain with the Taluka Municipal Administration.
(c) by an agreement and on such terms and conditions as may be mutually agreed, perform any function of the District Government;
(d) with funds raised through voluntary contributions or external grant, but without recourse to additional n enhanced taxation, user charges or fees or recourse to any other sources of public funds and without incurring debt of any nature, undertake any development project;
(e) with the approval of the Government and concerned regulatory authorities of the Federal Government and Provincial Government, set up, acquire, manage and operate any commercial activity on a self financing basis with no liability to the public exchequer; and
(f) set up a corporate body to perform any of its functions, singly or jointly with other public or private bodies;
Provided that responsibility for discharge of such functions shall continue to vest with the Taluka Municipal Administration.
55. Fiscal transfers to Taluka Municipal Administration. The Taluka Municipal Administration shall receive fiscal transfers from the District Government in the manner as may be prescribed.
56. Taluka Nazim (1) The Taluka Nazim shall head the Taluka Municipal Administration and shall. exercise such functions and powers as have been assigned to him tinder this Ordinance.
(2) The Taluka Nazim shall be assisted by Taluka Municipal Officer.
(3) The Taluka Nazim shall be responsible to ensure that the business of the Taluka Municipal Administration is carried out in accordance with the provisions of this Ordinance and the laws relating to the municipal services for the time being in force.
57. Functions of Taluka Nazim. The functions of Taluka Nazim shall be:
(a) to provide vision and direction for efficient functioning of the municipal administration;
(b) to formulate strategies for development of municipal infrastructure and improvement of delivery of the municipal services of the Taluka;
(c) to oversee formulation and implementation of long term and annual municipal development programmes;
(d) to oversee the delivery of services by the Taluka Municipal Administration and implementation of the laws governing the municipal services;
(e) to present the budget proposal to the Taluka Council for approval;
(f) to present a report in person on the performance to the Taluka Council at least once in six months;
(g) to supervise the utilization of the funds allocated to the Taluka Municipal Administration and to ensure their proper accounting;
(h) to establish and supervise the working of the Internal Audit Office; and
(i) to represent Taluka Municipal Administration on public and ceremonial occasions.
58. Taluka Municipal Officer: (1) The Government shall appoint the Taluka Municipal Officer who shall be the Principal Accounting Officer of the Taluka Municipal Administration and hall be the focal person:
(a) for redressing public complaints relating to Taluka Municipal Administration; and
(b) for liaising with the District Government and the Local Government Commission, through the District Government, for resolution of disputes relating to Taluka Municipal Administration.
(2) The Taluka Municipal Officer shall:
(a) ensure that the business of the Taluka Municipal Administration is carried out in accordance with this Ordinance and any other law relating to municipal services for the time being in force;
(b) co ordinate the municipal activities of the Taluka Municipal Administration and Union Administrations within the Taluka for coherent planning and development of municipal infrastructure and for effective and efficient functioning of the Taluka Municipal Administration;
(c) exercise general supervision over programmes, projects, services, and activities of the Taluka Municipal Administration; and
(d) provide information required by the Taluka Council for the performance of their functions:
Provided that while dealing with the Government; District Government and Local Government Commission, the Taluka Municipal Officer shall not bypass the Taluka Nazim.
59. Personal responsibility of Taluka Nazim: The Taluka Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.
60. Resignation of Taluka Nazim: The Taluka Nazim may resign from office by tendering resignation in writing addressed to the Chief Executive of the Province.
61. Vacancy of the Office of Taluka Nazim: (1) In case the office of Taluka Nazim falls vacant for reason of his death, resignation or removal or, where in the opinion of the Taluka Council, he has become incapable to perform his functions on account of mental or physical incapacity, the Naib Taluka Nazim shall act as Taluka Nazim till an officiating Nazim is appointed sub section (6) of section 156 or a new Taluk Nazim is elected under sub-section (5) of that section:
Provided that the officiating Taluka Nazim shall not be a candidate in the election for Taluka Nazim.
(2) Where a Taluka Nazim is unable to perform his functions for reason of his temporary absence, he may authorise Naib Taluka Nazim, in writing, to act on is behalf till he resumes his duties.
62. External recall of Taluka Nazim: (1) If in the opinion of the Zila Nazim, the continuance in office of a Taluka Nazim is against the public policy or interest of the people or he is guilty of misconduct, the Zila Nazim may move a motion in the Zila Council stating the grounds for the recall of Taluka Nazim.
(2) Where the motion referred to in sub section (1) is approved through a resolution passed by a simple majority of the total membership of the Zila Council, the Election Authority shall because such resolution to be voted upon by the members of the Union Councils in the Taluka.
(3) Where the motion referred to in sub section (1) is approved by a simple majority of the total membership of the Union Councils in the Taluka, the Taluka Nazim shall cease to hold office from the date of the notification issued by the District Government under sub section (4).
(4) The result of the approval of the resolution of the Zila Council referred to in sub section (1) shall be notified by the District Government in the official Gazette.
(5) Nothing contained in sub sections (1) and (2) shall affect the provisions of section 161 in respect of removal of Taluka Nazim by the Chief Election Commissioner.
63. Internal recall of a Taluka Nazim: (1) If in the opinion of a member of the Taluka Council, there is a reason to believe that the Taluka Nazim is acting against the public policy or the interest of the people or is negligent or is responsible for loss of opportunity to improve governance and the delivery of services, he may, seconded by another member of the Council, give a notice to move a motion in the Taluka Council through Naib Taluka Nazim for recall of Taluka Nazim,
(2) On receipt of notice referred to in sub section (1), the Naib Taluka Nazim shall summon a session of the Taluka Council not earlier than three days but not later than seven days, if the Taluka Council is not already in session.
(3) Where the Taluka Council is already in session, the motion referred to in sub section (1) shall be taken. up for deliberations on the next day from its receipt by the Naib Taluka Nazim;
(4) If the motion referred to in sub section (1) is approved by majority of the votes of its total membership through a secret ballot, the Election Authority shall cause a vote to be cast by the members of Union Councils in the district.
(5) Where the motion is approved by a simple majority of the members of Union Councils of the Taluka present and voting, the Taluka Nazim shall cease to hold office from the date of notification to be issued in this behalf by the Election Authority.
(6) Where the motion fails in the Taluka Council, the proposer and seconder of such motion shall lose their seats both as Union Nazims and members of Taluka Council.
(7) The Taluka Nazim shall have the right to appear before the Taluka Council and address it in his defence.
(8) No motion for recall of Taluka Nazim shall be moved during the first six months of assumption of office of Taluka Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.
64. Setting aside an order of Taluka Nazim: (1) On a motion initiated by the District Government, the Zila Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside an order or decision of general application taken by Taluka Nazim, if it considers the same to be against the interest of the people or public policy.
(2) The result of the approval of the resolution of the Zila Council referred to in sub section (1) shall be notified by the District Government.
CHAPTER VI
TALUKA AND TOWN COUNCILS
65. Composition of Taluka and Town Councils: (1) There shall be a Taluka Council in a Taluka and a Town Council in a town in a City District and shall consist of Naib Nazims of all Union Councils in the Taluka or town, as the case may be, and the following members elected on reserved seats, namely:
(a) such number of women as represents thirty three per cent of the total number of the Unions in the Taluka or, as the case may be, the town;
(b) such number of peasants and workers as represent five per cent of the total number of the Unions in the Taluka or, as the case may be, the town; and
(c) such number of persons from minority communities
as represent five per cent of the total number of the Unions in the Taluka
or, as the case may be, the town.
(2) If, in calculating a percentage for the purposes of subsection (1), the
number of reserved seats does not come out to be a whole number and such number
is:
(a) less than. a half, the number shall be rounded down to the next lower number; or
(b) a half or more, the number shall be rounded up to the next higher number;
(3) The Naib Taluka Nazim or Naib Town Nazim shall be the Convener of the Taluka Council or, the Town Council as the case may be.
(4) The Taluka Council and Town Council shall have their offices under the Naib Taluka Nazim or Naib Town Nazim, as the case may be, and shall have separate budget allocations.
66. Provisions of Taluka Council apply to Town Council: The provisions relating to Taluka Council shall, mutatis mutandis, apply to Town Council and any reference to in these provisions Taluka Nazim, Naib Taluka Nazim or Taluka Municipal Administration shall, respectively, be read as reference to Town Nazim, Naib Town Nazim and Town Municipal Administration.
67. Function and powers of the Taluka Council The functions and powers of the Taluka Council shall be:
(i) to approve taxes, cess, rates, rents, fees, user charges, tolls, levies, fines and penalties proposed by Taluka Municipal Administration specified in Part II of the Second Schedule;
(ii) to approve bye laws for delivery of municipal services;
(iii) to approve annual budget and appropriations for the Taluka Municipal Administration;
(iv) to approve long and short term development plans;
(v) to approve posts of personal staff for the office of Taluka Nazim and the terms and conditions of their service:
Provided that no post of advisor, special assistant, press or political secretary to the Taluka Nazim shall be sanctioned or approved:
(vi) to approve land use, zoning and master plan of the Taluka development and maintenance programmes or projects proposed by the Taluka Municipal Administration;
(vii) to elect Monitoring Committees of the Taluka Council to monitor the working of the Taluka Municipal Administration and the provision of municipal services;
(viii) to ensure that the Monitoring Committees perform their functions in a non intrusive manner without interfering in the day to day working of the relevant offices of the Taluka Municipal Administration and do not assume a command and control role;
(ix) to review the reports of the Monitoring Committees and make appropriate recommendations to the Taluka Nazim;
(x) to elect an Ethics Committee which shall be responsible for enforcing the code of ethics for regulating the conduct of the members of the Taluka Council;
(xi) to elect an Insaaf Committee for interacting with the Insaaf Committee of the Zila Council;
(xii) to election Taluka Accounts Committee to review the audit reports of the accounts of Taluka Municipal Administration;
(xiii) to review the performance of Taluka Municipal Administration presented by the Taluka Nazim;
(xiv) to authorise the Taluka Municipal Administration, subject to applicable laws and with the prior permission of the Government through District Government, for floating municipal bonds for raising funds for financing municipal projects; and
(xv) to require, by resolution, the Taluka Municipal Administration to undertake measures for improvement in the delivery of municipal services.
68. Power to appoint officiating Taluka Nazim: Where the office of Taluka Nazim falls vacant by reason of his death, resignation or removal, the Taluka Council shall, from amongst its members, elect an officiating Taluka Nazim, till a new Taluka Nazim is elected under the provisions of sub section (5) of section 156:
Provided that Naib Taluka Nazim shall convene the meeting of the Taluka Council for the election of officiating Taluka Nazim within ten days from the death, resignation or removal of Taluka Nazim, as the case may be:
Provided further that the officiating Taluka Nazim shall not be a candidate for the office of Taluka Nazim in election for Taluka Nazim.
69. Conduct of the business of Taluka Council: (1) The Taluka Council shall regulate its business in accordance with the byelaws made by it.
(2) The Taluka Council shall meet at least once in every month.
(3) Save as otherwise provided, decisions of the Taluka Council shall be taken by resolutions passed by a simple majority of the members present and voting and a copy of each resolution shall be transmitted to the Local Government Commission.
(4) All meetings of the Taluka Council shall be presided over by the Naib Taluka Nazim.
(5) In its first session, the Taluka Council shall elect a panel of presiding officers, in order of precedence, of not less than three members who shall, in the absence, of or in the case where a motion for recall of Naib Taluka Nazim has been moved, preside over the meetings of the Taluka Council.
(6) The quorum of the meetings of the Taluka Council shall be fifty one per cent of its total membership.
(7) The meetings of the Taluka Council shall be open to public, unless the Council, by a resolution, decides to hold any meeting in camera.
(8) The minutes of the meetings of Taluka Council shall be recorded and maintained by an officer authorized by the Taluka Council.
70. Address of Taluka Nazim: (1) At the commencement of first session of the Taluka Council after its election and on commencement of first session of every year the Taluka Nazirn shall address the Taluka Council and shall inform the Council of his plans and programmes for the said year and the performance of the Taluka Administration during the preceding year.
(2) Notwithstanding anything contained in sub section (1), the Taluka Nazim may address the Taluka Council whenever he deems necessary to associate the Taluka Council in functioning of the Taluka Municipal Administration.
71. Resignation of Naib Taluka Nazim: The Naib Taluka Nazim may resign from office by tendering resignation in writing addressed to the Taluka Nazim.
72. Recall of a Naib Taluka Nazim: (1) If in the opinion of a member of Taluka Council, there is a reason to believe that the Naib Taluka Nazim is acting against the public policy or the interest of the people or for any other reason be may, seconded by another member of the Council, give a notice to the Taluka Council for moving a motion for recall of Naib Taluka Nazim.
(2) On receipt of notice referred to in sub section
(1), the senior most presiding officer in the panel referred to in sub section
(5), of section 69 shall summon a session of, Taluka Council not earlier than
three days but not later than seven days, if the Taluka Council is not already
in session.
(3) Where the Taluka Council is already in session, the motion referred to
in sub section (1) shall be taken up for deliberations on the next day from
its receipt in the Taluka Council.
(4) If the motion referred to in sub section (1) is approved by majority of the votes of its total membership through a secret ballot, the Election Authority shall cause a vote to be cast by the members of Union Councils in the Taluka.
(5) Where the motion is approved by a simple majority of the members of the Union Councils of the Taluka present and voting, the Naib Taluka Nazim shall cease to hold office from the date of notification to be issued in this behalf by the Election Authority.
(6) Where the motion fails in the Taluka Council, the proposer and seconder of such motion shall lose their seats both as Naib Union Nazims of respective Union Councils and as members of Taluka Council.
(7) The Naib Taluka Nazim shall have the right to appear before the Taluka Council and address it in his defence.
(8) No motion for recall of Naib Taluka Nazim shall be moved during the first six months of assumption of office of Naib Taluka Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.
73. Joint Committees of Councils: The Taluka Council may, with the consent of the Zila Council or adjoining Taluka Councils or Union Councils, set up joint Committee of the Councils for any purpose in which such Councils may be jointly interested and may delegate to such joint committees any power which may be exercised by them, including the power to make bye laws for their functioning.
Chapter VII
UNION ADMINISTRATION
74. Composition of Union Administration There shall be constituted a Union Administration for every Union which shall be a body corporate and consist of Union Nazim, Naib Nazim and not more than three Union Secretaries and, where required, the members of ancillary staff.
75. Structure of Union Administration (1) The Union Nazim shall be the head of the Union Administration.
(2) The Union Secretaries shall coordinate and facilitate in community development, functioning of the Union Committees and delivery of municipal services under the supervision of Union Nazim:
Provided that functions of the Union may be assigned to one or more Secretaries.
76. Functions of the Union administration The functions of Union Administration shall be
(a) to collect and maintain statistical information for socio economic surveys;
(b) to consolidate village and neighbourhood development needs and prioritise them into union wide development proposals with the approval of the Union Council and make recommendations thereof to the District Government or Taluka Municipal Administration, as the case may be;
(c) to identify deficiencies in the delivery of services and make recommendations for improvement thereof to the Taluka Municipal Administration;
(d) to register births, deaths and marriages and issue certificates thereof;
(e) to make proposals to the Union Council for levy of rates and fees specified in the Second schedule and to collect such rates and fees within the Union;
(f) to establish and maintain libraries;
(g) to organize inter Village or Neighbourhood sports tournaments, fairs, shows and other cultural and recreational activities;
(h) to organize cattle fairs and cattle markets;
(i) to disseminate information on matters of public interest;
(j) to improve and maintain public open spaces, public gardens and playgrounds;
(k) to provide and maintain public sources of drinking water, including wells, water pumps, tanks, ponds and other works for the supply of water;
(1) to maintain the lighting of streets, public ways and public places through mutual agreement with the Taluka Municipal Administration;
(m) to arrange facilities for the handicapped, destitute and poor;
(n) to provide protection against stay animals and animal trespass, and to establish cattle pounds;
(o) to regulate grazing areas;
(p) to assist the relevant authorities in disasters and natural calamities, and assist in relief activities, including de silting of canals;
(q) to cooperate with the public, private or voluntary organisations, engaged in activities similar to those of the Union;
(r) to execute the projects of the approved Union Annual
Development Plan by contracting out to the private sector in the manner as
may be prescribed and to obtain support of the Taluka Municipal Administration
or District Government for such execution; and
(s) to assist the Village Councils or, as the case may be, Neighbourhood Councils
in the Union to execute development projects.
77. Assignment of functions to Village Council The Union Administration may, subject to such terms and conditions as may be mutually agreed, assign any of its functions to Village Council:
Provided that responsibility for discharge of such functions 'R shall continue to vest with the Union Administration:
Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.
78. Entrustment of functions by District Government, etc (1) The District Government or, as the case may be, the Taluka Municipal administration may entrust any of its functions to the Union Administration with mutual agreement:
Provided that resources required for carrying out such functions shall be made available to the Union Administration.
(2) The Union Administration may, with the mutual agreement and the funds raised by it through voluntary contributions, undertake development projects or functions of the Taluka Municipal Administration or the District Government.
Provided that no additional user charges or fees shall be collected from the population benefiting from such projects and functions:
Provided further that for carrying out such functions or completion of such projects, the Union Administration shall not have recourse to public funds or incur any debt.
79. Government to prescribe powers of Union Administration. The administrative, financial and regulatory powers of the Union Administration shall be prescribed by the Government.
80. Functions of Union Nazim: A Union Nazim shall
(a) provide leadership for Union wide development and preparation of budget
and the annual development plan;
(b) organise the management of inter villages municipal infrastructure
(c) assist the Taluka Municipal Administration in spatial pig process;
(d) constitute Musalihat Anjuman;
(e) dispose of the business of Union Administration; and
(f) report to the concerned authorities in respect of
(i) encroachment on State and local government property and violation of land use and building laws, rules and bye laws.
(ii) sale and trade of dangerous and offensive articles;
(iii) environmental and health hazards
(iv) adulteration of articles of food; and
(v) breach of public watercourses, within the area of the union.
81. Personal responsibility of Union Nazim: The Union Nazim shall be personally responsible for any loss, financial or otherwise, flowing from the decisions made by him personally or under his directions in violation of any provisions of this Ordinance or any other law for the time being in force and for any expenditure incurred without lawful authority.
82. Setting aside decisions of Union Nazim: (1) On a motion initiated by the Taluka Nazim or Town Nazim, Taluka Council or, as the case may be, Town Council may, by a resolution stating the grounds thereof, passed by a simple majority of its total membership, set aside an order or decision taken by Union Nazim, if it considers the same to be against the interest of the people or public policy.
(2) The result of the resolution referred to in sub section (1) shall be notified by the Taluka Council or Town Council, as the case may be.
83. Resignation by Union Nazim. The Union Nazim may resign from his office by tendering resignation in writing addressed to Naib Zila Nazim.
84. External Recall of Union Nazim. (1) If there is reason to believe that a Union Nazim is working against the public policy or the interest of the people, the Taluka Nazim or Town Nazim may move a resolution in the Taluka Council or, as the case may be, Town Council to recall the Union Nazim.
(2) If a resolution is passed by majority of the total membership of the Taluka Council or, as the case be, Town Council, such resolution shall be voted upon by the members of the Union Councils, Village Councils and Neighbourhood Councils in that Taluka or town.
(3) Where the Union Councils, Village Councils and Neighbourhood Councils approve the resolution referred to in subsection (2) by a simple majority of their local membership, the Union Nazim against whom the resolution is approved shall cease to hold office from the date of approval of such resolution.
(4) Nothing contained in sub-section (1) and (2) shall affect the provisions of section 161 in respect of recall of Union Nazim.
85. Internal recall of Union Nazim. (1) If in the opinion of a member of Union Council, there is a reason to believe that the Union Nazim is acting against the public policy or the interest of the people or on the ground of inaction or neglect to serve the needs of the people, he may, seconded by another member of the Council, give a notice to move a motion in the Union Council for recall of Union Nazim.
(2) On receipt to notice referred to in sub-section (1), the Naib Union Nazim shall summon a session of Union Council within three days if the Union Council is not already in session.
(3) Where the Union Council is already in session, the motion referred to in sub-section (1) shall be taken up for deliberations on the next day from its receipts in the Union Council.
(4) If the motion referred to in sub-section (1) is approved by a majority of the votes of its total membership through a secret ballot, the Union Nazim shall cease to hold office on approval of the motion by the Union Council.
(5) Where the motion fails in the Union Council, the proposer and seconder of such motion shall lose their seats as members of the Union Council.
(6) The District Government shall notify the result of the approval of the motion.
(7) The Union Nazim shall have the right to appear before the Union Council and address it in his defence.
(8) No motion for recall of Union Nazim shall be moved
during the first six months of assumption of office of Union Nazim nor shall
such motion be repeated before the expiry of one year from the rejection of
previous motion.
86. Joint Committee of Councils. The Union Council may, with the consent
of the Zila Council or a Taluka Council or Town Council or adjoining Union
Councils may be jointly interested and may delegate to such joint committee
any power which may be exercised by them, including the power to make bye-laws
for their functioning.
CHAPTER VIII
UNION COUNCIL
87. Composition of the Union Council: There shall a Union Council in each Union comprising twenty one following members elected directly in accordance with section 148.
(a) twelve Muslim members, elected to general seats, including four reserved for women;
(b) six members, elected to seats reserved for peasants and workers, including two reserved for women;
(c) one member elected to a seat reserved for minority communities; and
(d) Union Nazim and Naib Union Nazim elected as joint candidates:
Provided that in a Union where the population of minorities is in excess of ten percent of the total population of the Union, reserved seats for minorities communities mentioned in clause (c) shall be allocated in the manner prescribed by the Government.
88. Functions of the Union Council. The functions of the Union Council shall be to
(a) approve the annual development plan and bud getary proposals of the Union Administration;
(b) approve rates and fees for services specified in Part III of the second schedule proposed by the Union Administration;
(c) facilitate the formation and functioning of Citizen Community Boards;
(d) assist the Taluka Council and Town Council in creation
of Village and Neighborhood Councils;
(e) facilitate the formation of co operatives for improving economic returns
and reduction of interstitial poverty;
(f) mobilise the community involvement in maintenance of public ways, public streets, culverts, bridges and public buildings, de silting of canals and other development pursuits;
(g) promote plantation of trees, landscaping and beautification of public places in the Union;
(h) assist Taluka Municipal Administration in establishment and maintenance of burial and cremation places;
(i) approve the terms and conditions of the employment
of Village or Neighbourhood guards and oversee their functioning;
(j) adopt appropriate measures and provide support to the District Government,
Taluka Municipal Administration and Town Municipal Administration for achievement
of socio economic development and improvement of services;
(k) elect Monitoring Committees of the Union, each for municipal services, finance, public safety, health, education, literacy, works and services;
(1) elect an Ethics Committee of the Union Council
which shall
be responsible for enforcing the code of ethics to regulate the conduct of
the members of the Council;
(m) elect a Union Accounts Committee which shall be responsible for examination of the audit reports;
(n) elect an Insaaf Committee which shall be responsible for the selection of the panel of Conciliators of Musalihat Anjuman for out of court amicable settlement of disputes;
(o) review the performance of Union Administration
and Union Monitoring Committees; and
(p) review the annual statement of accounts and external or special audit
reports in respect of the Union Administration.
89. Conduct of the business of Union Council. (1) The Union Council shall regulate its business in accordance with the by laws made by it.
(2) The Union Council shall meet at least once in every month.
(3) All decisions of the Union Council shall be taken by resolutions passed by a simple majority of its total membership.
(4) All meetings of the Union Council shall be presided over by Union Nazim and, in his absence, by the Naib Union Nazim or, in absence of both Union Nazim and Naib Nazim or where a motion for recall of Union Nazim or Naib Union Nazim has been moved, by a member elected by the Union Council from amongst its members present in the meeting.
(5) The quorum of the meetings of the Union Council shall be fifty one percent of its total membership.
(6) The meetings of the Union Council shall be open to public, unless the Union Council, by a resolution, decides to hold any meeting in camera.
(7) The minutes of the meetings of Union Council shall be recorded and maintained by an officer authorized by the Union Council.
90. Address of Union Nazim: (1) At the commencement of first session of the Union Council after its election and on commencement of first session of every year the Union Nazim shall address the Union Council and shall inform the Council his plans and programmes for the said year and the performance of the Union administration during the preceding year.
(2) Notwithstanding anything contained in sub section (1), the Union Nazim may address the Union Council whenever he deems necessary to associate or consult the Union Council in functioning of the Union Administration.
91. Resignation by Naib Union Nazim. The Naib Union Nazim may resign from his office by tendering resignation in writing addressed to Zila Nazim.
92. Recall of Naib Union Nazim (1) If in the opinion
of a member of Union Council, there is a reason to believe that the Naib Union
Nazim is acting against the public policy or the interest of the people or
for any other reason, he may, seconded by another member of the Council, move
a motion in the Union Council for recall of Naib Union Nazim.
(2) On receipt of notice referred to in sub section (1), the Union Nazim shall
summon a session of Union Council within three days, if the Union Council
is not already in session.
(2) On receipt of notice referred to in sub-section (1), the Union Nazim shall summon a session of Union Council within three days, if the Union Council is not already in session.
(3) Where the Union Council is already in session, the motion referred to in sub section (1) shall be taken up for deliberations immediately on its receipt in the Union Council.
(4) If the motion referred to in sub section (1) is approved by a majority of the votes of its total membership through a secret ballot, the Naib Union Nazim shall cease to hold office on approval of the motion by the Union Council.
(5) Where the motion fails in the Union Council, the proposer and seconder of such motion shall lose their seats as members of the Union Council.
(6) The District Government shall notify the result of the approval of the motion by the Union Council.
(7) The Naib Union Nazim shall have the right to appear before the Union Council and address it in his defence.
(8) No motion for recall of Naib Union Nazim shall be moved during the first year of assumption of office of Naib Union Nazim nor shall such motion be repeated before the expiry of one year from the rejection of previous motion.
CHAPTER IX
VILLAGE AND NEIGHBOURHOOD COUNCILS
93. Declaration of Village and Neighbourhood Councils: Within ninety days of the assumption of office, upon a proposal of the Taluka Municipal Administration or Town Municipal Administration, as the case may be:
(i) the Taluka Council may determine and declare by notification a Village or a Neighbourhood in urban areas in the Taluka, to have a Village council or, as the case may be, Neighbourhood Council, and number of members to be elected for such Councils; and
(ii) the Town Council may determine and declare by notification a Neighbourhood
or a Village in the rural areas in the town, to have a Neighbourhood Council
or, as the case may be, Village Council, and number of members to be elected
for such Councils;
94. Composition of Village Council and Neighbourhood council: (1) The number of members of Village Council and Neighbourhood Council shall be five to eleven members each:
Provident that for each Council one seat shall be reserved for women and one seat for peasants and workers:
(2) The Village Council and Neighbourhood Council shall each be headed by a Chairman who shall be the person securing highest number of votes in the election of Village Council or, as the case may be, Neighbourhood Council.
(3) The Union Nazim shall allocate the work relating to the Village Councils and Neighbourhood Councils in the Union amongst the secretaries posted in the Union Administration.
(4) Every Village Council and Neighbourhood Council shall be a body corporate.
95. Election of Village Council and Neighbourhood Council: (1) The Taluka Municipal Administration and Town Municipal Administration shall, within ninety days after declaration of Villages and Neighbourhoods conduct the elections of Village Councils and Neighbourhood Councils as may be prescribed.
(2) District Government shall facilitate and provide necessary support to the Taluka Municipal Administration and Town Municipal Administration in the election of Village and Neighbourhood Councils.
(3) Where a Taluka Council or Town Council does not make declaration referred to in section 93 or where a Taluka Municipal Administration or, as the case may be, Town Municipal Administration fails to conduct elections of Village Councils or Neighbourhood Councils within ninety days referred to in sub section (1), the District government shall make such declaration or, as the case may be, conduct the elections of the Village Councils and Neighbourhood Councils within thirty days from the declaration made by it.
(4) The vacancies of the members of the Village Council or, as the case may be, Neighbourhood Council referred to in section 93 shall be filled in by the persons securing highest number of votes.
(5) The term of office of the Village Council and Neighbourhood Council shall correspond to the term of office of the Union Council concerned provided that the Village Council and Neighbourhood Council shall continue in office until replaced by a new Village Council or, a Neighbourhood Council, as the case may be.
96. Functions of Village Council and Neighbourhood Council. (1) The functions of, the Village and Neighbourhood Councils shall be to
(a) develop and improve water supply sources;
(b) make arrangements for sanitation, cleanliness and disposal of garbage and carcasses;
(c) develop sites for drinking and bathing of cattle;
(d) take measures to prevent contamination of water;
(e) prevent and abate nuisances in public ways, public streets and public places;
(f) organise watch and ward in the Village and Neighbourhood
through unarmed Village or Neighbourhood guards;
(g) organise Village and Neighbourhood sports teams, cultural and recreational
activities;
(h) mobilise voluntary resources, including physical labour, property and cash contributions for municipal activities in the Village and Neighbourhood;
(i) facilitate the formation of co operatives for improving economic returns and reduction of interstitial poverty and consumer protection;
(j) report cases of handicapped, destitute, and of extreme poverty to the Union Administration;
(k) mobilise the community involvement in maintenance of public streets, play grounds, parks, culverts and public buildings, de silting of canals and watercourses; and
(l) promote plantation of trees, landscaping and beautification of the Village and Neighbourhood.
(2) The Village Council and Neighbourhood Council shall assist Union Administration in
(a) conducting surveys in the Village and Neighbourhood
and collecting socio economic data;
(b) selecting sites for providing municipal facilities and services to the
Village or Neighbourhood;
(c) identifying encroachments;
(d) managing burial places and cremation grounds of
the village;
(e) managing and lighting of Village or Neighbourhood roads, streets, and
paths; and
(f) collecting land revenue and other taxes.
(3) A Village Council or Neighbourhood Council may, subject such terms and conditions as may be mutually agreed, entrust any of its functions to the Union Administration:
Provided that responsibility for discharge of such functions all continue to vest with the Village Council or, as the case may be, Neighbourhood Council:
Provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.
97. Village Council and Neighbourhood Council to develop facilities. (1) The Village Council and Neighbourhood Council may, with funds raised through voluntary contributions or on self help basis, develop and maintain municipal and community welfare facilities.
(2) Village Council and Neighbourhood Council shall facilitate creation of the Citizen Community Boards for development and maintenance of municipal and community welfare facilities.
CHAPTER X
CITTZEN COMMUNITY BOARD
98. Composition of Citizen Community Board. (1) In every local area, a group of non elected citizens may, for energizing the community for development and improvement in service delivery, set up a Citizen Community Board and through voluntary, proactive and self help initiatives take up
(a) improvement of delivery of service by a public facility;
(b) development and management of a new public facility;
(c) welfare of the handicapped, destitute, widows and families extreme poverty;
(d) establishment of farming, marketing and consumers cooperatives;
(e) identification of development and municipal needs and mobilization of resources;
(f) formation of stakeholder associations for community involvement in the improvement and maintenance of specific facilities; and
(g) reinforcing the capacity of a specific Monitoring Committee at the behest of the concerned Council.
Explanation: For the purpose of this section, the expression stakeholder association means voluntary association, such as parent teacher association, patient hospital management association, school management association or farm water associations citizen police liaison association.
(2) In carrying out its purposes, a Citizen Community Board may interact with voluntary organizations for community welfare.
(3) The Citizen Community Board shall be registered with the registration authority as may be prescribed.
(4) The Citizen Community Board shall have a general body of its members who shall elect a Chairman, Executive Committee and a Secretary of the Board for carrying out its functions.
(5) The term of off