Essay preview
to rationalize and reorganize the local government system in the Province of Sindh. Preamble.– Whereas it is expedient to establish an elected local government system to devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments; to promote good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at local level; and, to deal with ancillary matters; It is enacted as follows:
CHAPTER - I INTRODUCTION
1. SHORT TITLE, EXTENT AND COMMENCEMENT.(1) (2) (3) This Act may be called as the Sindh Local Government Act, 2013 It extends to the whole of the Province of Sindh. It shall come into force at once.
2. EXCEPTION.- Should the circumstances of any area be such that, in the opinion of the Government, any of the provisions of this Act are unsuited there-to, the Government may, by notification in the Official Gazette, except that area or any part thereof from the operation of such provisions and make alternate provisions for such area by rules as may be deemed appropriate. 3. Definitions.– (1) In the Act, unless the context otherwise requiresi. ii. iii. iv. v. ‘Act’ means the Sindh Local Government Act, 2013; ‘Annual rental value’ means the gross annual rent at which a building or land may be let from year to year; “Board” means the Sindh Local Government Board constituted under this Act; ‘Budget’ means an official statement of the income and expenditure of a council for a financial year; ‘Building’ includes any shop, house, hut, out-house, shed, stable, enclosure, wall, well, verandah, platform, plinth, ramp, staircase and steps;
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vi.
vii. viii. ix. x.
xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. xxi. xxii. xxiii. xxiv. xxv. xxvi.
xxvii.
xxviii. xxix. xxx. xxxi.
“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; “Bye-laws” means bye-laws made under this Act; ‘Cattle’ means cows, buffalows, bulls, oxen, bullocks, heifers, calves, camels, sheep and goats; “Cantonment Board” means a Cantonment Board constituted under the Cantonment Act, 1924 (II of 1924); ‘Chairman’ means the chairman and include chairperson of Council constituted under the Act but in the case of a Municipal Corporation or a Metropolitan Corporation, the Chairman may be called the Mayor. “Chief Executive” means the Municipal Commissioner, Chief Municipal Officer Chief Officer, Town Officer or Secretary, as the case may be; “Chief Municipal Officer” means the Officer Incharge of the Administration of a Municipal Committee; “Chief Officer” means the Officer Incharge of the Administration of a District Council; “City” means an area declared to be city under the Act; “Conservancy” means the collection, treatment, removal and disposal of refuse; “Corporation” means a Metropolitan Corporation, District Municipal Corporation or Municipal Corporation; “Council” means a Corporation, Municipal Committee, Town Committee, District Council or Union Council, as the case may be; “Councils Unified Grades” means the service constituted under this Act; “Council” includes Corporation, Municipal Committee, Town Committee, Union Committee and Union Council, constituted under this Act; “Dairy” includes any farm, cattle shed, cow house, milk shop, milk store or other place from where milk products are supplied for sale; “Deputy Mayor” means the Deputy Mayor of the Corporation; “District” means a Revenue District; “District Municipal Corporation” mean a District Municipal Corporation constituted in a City under this Act; “District Council” means a District Council constituted under this Act; “Division” means a Revenue Division; “Drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any device for carrying sullage or rain water; “Drain” includes sewer, a house drain, a drain of any other description, a tunner, a culvert, a ditch, a channel and any other device for carrying off sullage; “Dwelling house” means any building used substantially for human habitation; ‘Elected member’ means a member who has been elected under the provisions of the Act; ‘Electoral unit’ means a portion of a local area from which one or more than one members shall be elected; ‘Erect or re-erect a building’ means the construction of a new building and includes such material alternations of a building as enlargement of any wall, verandah, fixed platform, plinth or part of the building, structural conversion 2
xxxii. xxxiii.
xxxiv. xxxv. xxxvi. xxxvii. xxxviii.
xxxix.
xl.
xli.
xlii. xliii. xliv. xlv. xlvi. xlvii.
xlviii. xlix.
of one or more places for human habitation of a building not originally meant for the purpose, structural conversion one or more places for human habitation into a greater number of such places, addition of any room, building substance or other structure to a building, reconstruction of whole or any part of the external walls of a building or the renewal of the parts or wooden building; construction in a wall adjoining any street or land not; belonging to the owner of the wall, of a door opening to such street or land, such alterations of the internal arrangements of a building as effects its drainage, ventilation or other sanitary arrangements or its security or stability; “Election Commission” means the Election Commission of Pakistan; “Encroachment” means unauthorized occupation of or undue interference with a street, building, land, place or premises vesting in or under the management or control of a Council; “Employee of the Council” means the person holding a post in the Schedule of Establishment; “Factory” has the meaning assigned to it under the Factories Act, 1934 (Act XXV of 1934); “Food” has the meaning assigned to it under the Sindh Pure Food Ordinance, 1960 (West Pakistan Ordinance VII of 1960); “Government” means Government of Sindh; “Infectious disease” means cholera, plague, small pox and tuberculosis and includes such other disease as Government may, by notification in the official Gazette declare to be an infectious disease for the purposes of this Act; “Labourer” includes any person employed in a factory as defined in the Factories Act, 1934 or in an industrial or commercial establishment as defined in the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, at clerical labour for hire or reward or under the Sindh Industrial Relations Act, 2013. “Land” has the same meaning as is assigned to it under the Land Acquisition Act, 1894 (Act 1 of 1894) and includes the land covered with water; “Land revenue” has the same meaning as is assigned to it under the Sindh Land Revenue Act, 1967 (West Pakistan Act XVII of 1967) and includes charges levied for grazing under any law for the time being in force; “Local Area” means an area, which lies within the jurisdiction or limits. of a Council; “Local Fund” means the Fund of a Council; “Local Government Commission” means the Sindh Local Government Commission constituted this Act; ‘Member’ means a member of a council; ‘Municipality’ means an area declared to be a municipality under the Act; “Market” means a place where persons assemble for the sale and purchase of meat, fish, fruit, vegetables or any other articles or goods, or for the sale and, purchase of livestock or animals and includes a shopping centre, a commercial office or premises and any place which may be notified as a market in accordance with the rules; “Mayor” means the Mayor of a Corporation; “Member” means a Member of a Council; 3
l. li. lii. liii. liv.
lv.
lvi.
lvii. lviii. lix. lx. lxi. lxii. lxiii. lxiv. lxv. lxvi. lxvii. lxviii. lxix. lxx. lxxi. lxxii.
lxxiii.
lxxiv.
“Metropolitan Corporation” includes Metropolitan Corporation constituted under this Act or any other area declared as such by the Government; “Municipal Commissioner” means the Officer Incharge of the Administration of a Corporation; “Municipal Committee” means a Municipal Committee constituted under this Act; “Municipality” means an urban area declared as a Municipality under this Act; “Nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property; “Occupier” includes an owner in actual occupation of his own building or land or is liable to pay to the owner the rent or any portion of the rent of the land or building; “Owner” includes the person for the time being receiving the rent of a building or land, whether on his own account or as an agent or trustee for any person or society or for any religious or charitable purpose; “Peasant” means the person who owns not more than sixteen acres of agricultural land and engages himself personally in cultivation of the land; “Prescribed” means prescribed by rules; “Public graveyard” means a place for the burial of dead which is not a private property and is open to public; “Public place” means any building, premises or place to which the public have access; “Public vehicle” means any vehicle which ordinarily plies for hire; “Public way” means a way maintained by Government or by a Council or other Local Authority; ‘Population’ means the population in accordance with the last preceding census officially published; ‘Primary education’ means education pertaining to all or any of the classes I to VIII in any school other than a high school; ‘Prohibited zone’ means any part of the local area of an urban council declared as such under section 65 of the Act; ‘Province’ means the province of the Sindh; ‘Public road’ means a road maintained by Government or by a council or a local authority; ‘Public street’ means a street maintained by Government or by a council or a local authority; ‘Relative’ means parents, guardians, children and adopted children; ‘Road’ includes a road which is not a thoroughfare; ‘Rural council’ means a union council, or a zila council. “Rate” means an impost levied for the purpose of recovering expenses incurred on providing a service facility to the residents of any area or on any work of public utility; “Refuse” includes rubbish, broken bricks, mortar, broken glass, offal, night soil, sweepings, carcasses of animals, deposit of sewerage, waste blood, horn, hoofs, bones and meat waste and any other offensive matter; “Remuneration” includes salary, allowances and pension;
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lxxv. lxxvi. lxxvii. lxxviii. lxxix. lxxx. lxxxi. lxxxii. lxxxiii. lxxxiv. lxxxv. lxxxvi. lxxxvii. lxxxviii.
lxxxix. xc. xci. xcii. xciii. xciv. xcv. xcvi. xcvii. xcviii. xcix. c. ci. cii. ciii.
civ.
“Rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of occupation of any building or land; “Repealed enactment” means the Sindh Peoples Local Government Act2012, repealed by this Act; “Rules” means rules made under this Act; “Rural Area” 'means any area which is not an Urban Area; “Schedule” means a Schedule to this Act; “Schedule of Establishment” means the Schedule of Establishment prepared under Section 108; “Secretary” means the Secretary of a Union Council and Town Committee; “Street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land; “Sullage” includes sewerage, polluted water, rain water and any other offensive matter carried by a drain; ‘Specify’ means specified by an order of the Government; ‘Street’ includes a street which is not a thoroughfare; “Tannery” means any building, place or premises where hides and skins are dyed or tanned; “Tax” includes any levy, toll, rate, cess, fee, or other impost leviable under this Act; “Tenant” means a· person who cultivates agricultural land not exceeding sixteen acres and is liable to give batai of such land to the Zamindar but does not own agricultural land; “Town” means an urban area declared as Town under this Act; “Town Committee” means a Town Committee constituted under this Act; “Town Officer” means the Officer Incharge of the Administration of a Town Committee; ‘Tribunal’ means a Tribunal constituted under the Act; ‘Urban council’ means a town committee, a municipal committee, a municipal corporation or a metropolitan corporation; “Union” means a rural area declared as Union under this Act; “Union Council” means Union Council constituted under this Act; “Urban Area” means an Urban Area recognized or declared as such under this Act; “Union Committee” corresponding to the wards as determined by the Government. ‘Village’ means the area comprising of a revenue estate within the meaning of the Sindh Land Revenue Act, 1967; ‘Voter’ means a person whose name for the time being appears on the electoral rolls prepared or adopted for the purposes of the Act; “Vehicle” means a wheeled conveyance capable of being used on a street; “Vice-Chairman” means the Vice-Chairman of a Union Council, District Council, Town Committee or a Municipal Committee; “Ward” means a basic electoral unit under this Act; “Water works” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, engine or other appliance, and anything for supplying or used for supplying water, “Way” means a road, footpath, square, alley or passage leading to a public way or not;
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4. SUCCESSION.- The Councils established under this Act shall succeed the rights, assets and liabilities of the Councils established under the Local Government Laws in the province. 5. COUNCILS TO WORK WITHIN THE PROVINCIAL FRAMEWORK.- (1) The Councils established under this Act shall function within the provincial framework and shall faithfully observe the Federal and Provincial Laws. (2) In the performance of their functions, the Councils shall not impede or prejudice the exercise of the executive authority of the Government. 6. CERTAIN MATTERS TO BE PRESCRIBED.- Where the Act makes any provision for anything to be done but has not made any provision or any sufficient provision, as to the authority by whom, or the manner in which it shall be done, then it shall be done by such authority and in such manner as may be prescribed. 7. COUNCILS TO BE BODY CORPORATE.- (1) A Council shall be a body corporate, having perpetual succession and a common seal with power, subject to the provisions of this Act and the rules, to acquire, hold and alienate property, both movable and immovable and shall by its name sue and be sued. (2) The seal shall be in accordance with the description approved by the Council and shall remain in the custody of the Chief Executive who shall be responsible for its proper use.
CHAPTER - II COUNCILS
8. LOCAL AREAS.- (1) The Government shall, by notification in the official Gazette, categorize a District into urban area and rural area. (2) For purposes of this Act, the Government shall, by notification, declare a local area consisting of: (a) urban area in a District, as a Metropolitan Corporation, District Municipal Corporation, Municipal Corporation, Municipal Committee, Town Committee and Union Committee. (b) rural area in a District, as a District Council and Union Council; (3) The Government may, by notification in the official Gazette, after inviting public objections and suggestions, alter the limits of a local area and declare that any area shall cease to be a Union Council, District Council, Municipal Committee, Municipal Corporation and Town Committee. (4) Any two or more adjoining councils within a District may, after inviting public objections through a resolution passed by two-third majority of the total 6
membership of each of the councils, make a proposal to the Government for a change in their respective boundaries subject to the condition that no revenue boundary shall be divided and the size of population in the relevant local area shall, as far as possible, be close to the average population of similar local areas in the District. 9. DIVISION AND RECONSTITUTION OF A COUNCIL.- (1) The Government may, by notification in the official Gazette, divide a council into two or more councils or reconstitute two or more councils as one council or alter the limits of a council and may specify in the notification the consequences which shall ensue upon the publication of such notification. (2) When, as a result of such division or reconstitution, any new council is constituted, in accordance with the provisions of this Act in the manner specified in the notification: (a) the existing members of any council so divided or reconstituted shall become the members of such council as the Government may, by notification, specify as if each such member had been elected to that council; and (b) such council t shall, to the extent and in the manner specified in the notification, be the successor of the council so divided or reconstituted. 10. DELIMITATION OF UNION COUNCILS.- (1) Subject to subsection (2), a Union Council shall be an area comprising one or more revenue deh(s), notified as such by the Government. (2) As far as possible: (a) the area of a Union Council shall be a territorial unity; (b) the population of the Union Councils in a District shall be uniform; (c) the boundaries of a Union Council shall not cross the limits of a Revenue Taluka in a District; and (d) the area of a Union Council shall consist of entire Tappa. 11. DELIMITATION OF WARDS.- (1) The Government shall, in the prescribed manner, delimit wards in Union Councils, Municipal Committees, Town Committees, Municipal Corporations and Metropolitan Corporation. (2) For the purposes of delimitation of an urban area, a ward shall, as far as possible, consist of a census block or adjoining census blocks. (3) For the purpose of delimitation of a Union Council, a ward shall, as far as possible, consist of a whole or part of a deh, a census block or combination of adjoining villages or census blocks. 12. CHARACTERISTICS OF A LOCAL AREA.- (1) Any area declared as Union, Town, Municipality, Corporation or Metropolitan Corporation shall, as far as possible be compact, and contiguous with territorial unity.
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13. WAIVER OF CONDITIONS.- The Government may, in a specific case and for
reasons to be recorded in writing, waive the conditions of delimitation mentioned in Sections 10 and 11. 14. DECLARATION OF URBAN AND RURAL AREAS. (1) The Government may, after inviting objections from the residents of an area and hearing those from amongst them who wish to be heard, declare by Notification such area, to be an Urban Area or Rural Area, as the case may be. (2) For the purposes of this Act, all areas which are urban areas or rural areas, as the case may be, at the time of commencement of this Act shall be deemed to be urban areas or rural areas, as the case may be. 15. DECLARATION OF TOWN, MUNICIPALITY, MUNICIPAL CORPORATION AND METROPOLITAN CORPORATION. (1) The Government may, by notification, declare any Urban Area other than the area of a Cantonment Board as:(a) a Union Committee; (b) a Town; (b) a Municipality; (c) a Municipal Corporation (d) a Metropolitan Corporation (2) The Government may, after inviting objections from the residents of any Town, Municipality, Municipal Corporation or Metropolitan Corporation and hearing those from amongst them who wish to be heard in person, declare by notification such Town as Municipality and such Municipality as Metropolitan Corporation, as the case may be. (3) When the declaration has been made under sub-section (2), the Members, Chairman and Vice-Chairman or, Mayor and Deputy Mayor, as the case may be, of the Council existing immediately before the declaration, shall be deemed to be the Members, Chairman and Vice-Chairman or, Mayor or Deputy Mayor, or as the case may be, of the Council to be constituted for the local area after the declaration, until elections are held to such Council.
CHAPTER- III
CONSTITUTION AND COMPOSITION OF COUNCILS 16. CONSTITUTION OF COUNCIL. (1) As soon as may be, the following Councils shall be constituted:(a) in urban area (i) (ii) (iii) a Union Committee for each ward in the Corporation; a Town Committee for each Town comprising of Union Committees as prescribed by the Government; a Municipal Committee for each Municipality comprising of Union Committees as prescribed by the Government; 8
(iv) (v) (vi) (b)
a Municipal Corporation for each City comprising of Union Committees as prescribed by the Government; a District Municipal Corporation for each district of the Metropolitan city; and a Metropolitan Corporation for each Metropolitan city;
in rural area (i) (ii) a Union Council for each Union; and a District Council for each District;
Provided that for the districts in the Karachi Division, there shall be one District Council comprising of the rural areas of the said districts. 17. NAME OF THE COUNCIL. A Council shall, unless Government notifies otherwise, be known as the Council of the place where its office is situated. 18. EXTENSION OR ALTERATION OF AREA OF A COUNCIL.- The Government may, after inviting objections from the residents of any Union, Town, Municipality, Corporation or Metropolitan Corporation and hearing those from amongst the who wish to be heard, by notification after consulting concerned Council, extend, curtail or alter the limits of such Union, Town, Municipality, Corporation or Metropolitan Corporation or declare that any such Union, Town, Municipality, Corporation or Metropolitan Corporation shall, from a specified date, cease to be Union, Town, Municipality, Corporation or Metropolitan Corporation. 19. COMPOSITION OF COUNCILS. (1) Subject to Schedule-I, a Council shall consist of such number of directly or indirectly elected members as s may, from time to time, be determined by the Government; (2) Union Committees. There shall be such number of Union Committees in urban areas, as may be determined by the Government. Each Union Committee shall comprise of the following members to be directly elected on the basis of adult franchise by the electors falling within the respective Union Committee:(a) a Chairman and a Vice Chairman as joint candidates, (b) Four general members, (c) one woman member, (d) one labourer/peasant member and (e) one non-Muslim member (3) District Municipal Corporation. There shall be District Municipal Corporations for each one of the districts of Karachi and shall comprise of the following members :(a) all the elected Vice Chairmen of the Union Committees,
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reserved seats to the extent of 22% for women members, 5% for non-Muslim members and 5% for labourer / peasants members, to be indirectly elected by the members elected in terms of sub clause (a) in the manner as may be prescribed. (c) the District Municipal Corporations so constituted shall elect a Chairman and a Vice Chairman respectively from amongst its members elected under sub clause (a). (b)
(4) Metropolitan Corporation. There shall be a Metropolitan Corporation for Karachi Division and shall comprise of the following members :(a) all the elected Chairmen of the Union Committees of the districts of Karachi, (b) reserved seats to the extent of 22% for women members, 5% for non-Muslim members and 5% for labourer / peasants members, to be indirectly elected by the members elected in terms of sub clause (a) in the manner as may be prescribed. (c) the Metropolitan Corporation so constituted shall elect a Mayor and a Deputy Mayor from amongst its members elected under sub clause (a).
(5) Union Council. There shall be such number of Union Councils in the rural areas, as may be determined by the Government. The Union Councils shall comprise of the following members to be directly elected on the basis of adult franchise by the electors falling within the respective Union Council:(a) a Chairman and a Vice Chairman as joint candidates, (b) Four general members, (c) one woman member, (d) one labourer / peasant member and (e) one non-Muslim member (6) District Council. There shall be a District Council which shall comprise of the following members :(a) all the elected Chairmen of the Union Councils falling within the district; (b) reserved seats to the extent of 22% for women members, 5% for non-Muslim members and 5% for labourer / peasants members, to be indirectly elected by the members elected in terms of sub clause (a) in the manner as may be prescribed. (c) the District Council so constituted shall elect a Chairman and a Vice Chairman from amongst its members elected under sub clause (a). (7) Composition of Municipal Corporations, Municipal Committees and Town Committees. There shall be as many Municipal Corporations as may be determined by the Government and shall comprise of the following members :(a) all the elected Chairmen of the Union Committees, 10
reserved seats to the extent of 22% for women members, 5% for non-Muslim members and 5% for labourer / peasants members, to be indirectly elected by the members elected in terms of sub clause (a) in the manner as may be prescribed. (c) the Municipal Corporations so constituted shall elect a Chairman and a Vice Chairman respectively from amongst its members elected under sub clause (a). (b)
(8) Municipal Committees. There shall be as many Municipal Committees as may be determined by the Government and shall comprise of the single member wards falling within that Municipal Committee. The Municipal Committee shall comprise of the following members :(a) each member elected from respective Wards, (b) reserved seats to the extent of 22% for women members, 5% for non-Muslim members and 5% for labourer / peasants members, to be indirectly elected by the members elected in terms of sub clause (a) in the manner as may be prescribed. (c) the Municipal Committees so constituted shall elect a Chairman and a Vice Chairman respectively from amongst its members elected under sub clause (a). (9) Town Committees. There shall be as many Town Committees as may be determined by the Government and shall comprise of the single member wards falling within that Town Committee. The Town Committee shall comprise of the following members :(a) each member elected from respective Wards, (b) reserved seats to the extent of 22% for women members, 5% for non-Muslim members and 5% for labourer / peasants members, to be indirectly elected by the members elected in terms of sub clause (a) in the manner as may be prescribed. (c) the Town Committees so constituted shall elect a Chairman and a Vice Chairman respectively from amongst its members elected under sub clause (a).
20. SAVING.- Nothing contained in this Chapter shall be construed to prevent a woman, labourer/peasant or a non-Muslim from being a candidate or elected to a general seat in any Council. 21. TERM OF THE COUNCIL AND FIRST MEETING.- (1) Subject to the provisions of this Act, the term of office of a Council shall be four years commencing on the date on which it holds its first meeting. (2) The first meeting of a Council shall be held not later than thirty days from the day on which the names of its members are notified.
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CHAPTER- IV
MEMBERS AND OFFICE BEARERS OF THE COUNCIL 22. ELECTION OF OFFICE BEARERS AND NOMINATED MEMBERS OF THE COUNCIL.- (1) Subject to the provisions of this Act, a Council, other than a Union Council and Union Committee shall, after indirect election of women, minority and labourer/peasant members, in terms of Section-19, elect the Mayor and Deputy Mayor, Chairman and Vice Chairman, as the case may be. (2) That office bearers and the members of the Council shall hold office for the period of four years or the residue of his term as a member whichever is less. (3) On the expiry of the term of office of a Council, the Government may appoint an administrator to perform the functions of the Council until the elected council assumes office. 23. OATH OF OFFICE.- (1) A member shall, before taking his seat in a Council make and subscribe to an oath in such form as may be prescribed. (2) The Mayor, Deputy Mayor, Chairman and Vice Chairman, shall assume office by making and subscribing to an oath in such form as may be prescribed. 24. DECLARATION OF ASSETS.- (1) Every Mayor, Deputy Mayor, Chairman, Vice Chairman, and Member of the Council shall within thirty days of making oath shall file a declaration of his assets and liabilities before such authority and in such form and manner as may be prescribed. (2) Where a Mayor, Deputy Mayor, Chairman, Vice Chairman, and Member has failed to file the declaration referred to in sub-section (1), his membership shall be suspended and shall remain so till he files the declaration.
25. CASUAL VACANCY.- (1) If the office of a Mayor, Deputy Mayor, Chairman or a Vice Chairman or member of the Council, other than the office of Chairman or Vice Chairman or member of a Union Council or Union Committee, for any reason, falls vacant during the term of office of a Council, the new Mayor, Deputy Mayor, Chairman or Vice Chairman or the member shall be elected or nominated, as the case may be in the prescribed manner within thirty days from the date when such vacancy is notified and he shall, subject to this Act, hold office for the remaining term of the Council. (2) If the office of a Chairman of a Union Council or Union Committee or its members for any reason, falls vacant during the term of office of the Council, the new Chairman or Vice Chairman of the Union Council or its member shall be elected in the prescribed manner within sixty days from the date such vacancy is notified and he shall, subject to this Act, hold office for the remaining term of the Council. (3) If the vacancy in the office of a member of a Council occurs within six months of the expiry of the term of a Council, the vacancy shall not be filled. 12
26.
REMOVAL FROM MEMBERSHIP.- (1) A Member shall be removed if he:(a) has been found to be not qualified or disqualified from being elected or chosen or from being a member under this Act; or (b) has acted or is acting in contravention of the provisions of this Act, rules or bye-laws, or (c) has absented himself without reasonable cause from three consecutive ordinary meetings of the Council, or (d) is guilty of misconduct, or (d) refuses to take oath of office. Explanation:-; misconduct includes bribery, corruption, jobbery, favouritsm, nepotism or willful diversion of fund of the Council or any attempt at or abetment of such misconduct.
(2) That no member shall be removed unless he is provided an opportunity of hearing and presenting his explanation before any action is taken under subsection (1). (3) The Government shall issue notification of removal of the member and henceforth he shall cease to be a member of the Council.
27. RESIGNATION.- (1) A Mayor, Deputy Mayor, Chairman, Vice Chairman or a member of Council may resign his office by tendering resignation in writing under his hand to the Council of which he is the Mayor, Deputy Mayor, Chairman, Vice Chairman or a member. (2) The resignation tendered under subsection (1) shall be deemed to have been accepted and effective forthwith and the Council shall forward copies of the resignation to the Election Commission and the Government.
28. VOTE OF NO CONFIDENCE AGAINST OFFICE BEARERS. (1) A Mayor, Deputy Mayor, Chairman or Vice-Chairman, shall be removed from office if a vote of no confidence is passed against him in the prescribed manner by two-third majority of the total number of the Members of the Council concerned. Explanation- A motion of no confidence shall be deemed to have failed, if, at the meeting to consider the motion, it did not secure the requisite majority of votes in its favour or was not moved for want of quorum or for any other reason. (2) No person against whom a vote of no confidence has been passed shall be eligible for re-election as a Mayor, Deputy Mayor, Chairman or ViceChairman, as the case may be, during the residue of the term of the Council concerned.
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29. ELECTION, RESIGNATION, ETC. TO BE NOTIFIED.- Every election, resignation or removal under this Act shall be notified within thirty days of such election, resignation or removal, as the case may be. 30. CONSEQUENCES OF REMOVAL. No person, who has been removed from membership under any provision of this Act, shall, during the unexpired period of the term of the Council, be eligible for election to any Council. 31. APPEAL TO ELECTION COMMISSION OF PAKISTAN. (1) Any person being aggrieved by his removal under this Act, may within thirty days of such removal prefer an appeal to the Election Commission of Pakistan. 32. HONORARIA AND PRIVILEGES.- The Mayor or Chairman and Deputy Mayor or Vice-Chairman may be paid such honoraria or allowed such other privileges as may be prescribed and the honorarium and other privileges prescribed for the first time after coming into force of this Act shall be admissible, from the date on which such Mayor or Chairman or Deputy Mayor or Vice-Chairman has assumed office.
CHAPTER-V
LOCAL GOVERNMENT ELECTIONS 33. FRANCHISE AND WARDS.- Save as otherwise provided under this Act; (a) election of members of all Councils, shall be held through secret ballot on the basis of adult franchise in such manner as may be prescribed. (b) The Government may for the purpose of election divide a local area into such number of Union Councils or Wards having a definite boundary as it may determine. (c) The Union Councils or Wards may be multi members or single members as the case may be. (d) Every voter within the Union Councils or Ward shall have only one vote irrespective of the number of members to be elected from the Union Councils or Ward. 34. ELECTION ON PARTY BASIS.- The elections to the Councils under this Act shall be held on party basis. Provided that any candidate may contest election independent. as
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35. ELECTION COMMISSION TO CONDUCT ELECTIONS.- (1) The Election Commission shall conduct the council election. (2) The Government shall, in consultation with the Election Commission, make an announcement of the date or dates on which the election for the Councils shall be conducted in the province of Sindh or part thereof; Provided that the date or dates of such elections shall not be less that sixty days and more than hundred and twenty days from the date of such announcement. (3) Upon announcement of the date or dates of election of the Council under sub section(2), the Election Commission shall organize and conduct the election and make arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and the corrupt practices are guarded against. 36. QUALIFICATIONS FOR CANDIDATES AS MEMBERS.- (1) A person shall not be qualified to be elected or chosen as a member of the Council unless -(a) he is a citizen of Pakistan; and (b) he is not less than twenty one years of age on the last day fixed for filing the nomination papers; and (c) he is enrolled as a voter in the electoral rolls of the Union Council or ward. (d) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of the Pakistan. 37. DISQUALIFICATIONS FOR CANDIDATES AS MEMBERS.- (1) A person shall disqualified from being elected or chosen as and from being a member of the Council, if – (a) he is of unsound mind and has been so declared by a competent court; or (b) he is an un-discharged insolvent; (c) he ceases to be citizen of Pakistan; or acquires the citizenship of foreign state; (d) he is declared by a competent court to be of unsound mind; (e) he holds an office of profit in the service of Pakistan, or Province of Sindh or a Council; (f) he is in the service of any statutory body or a body which is owned or controlled by the Government or the Federal Government or, in which any of such Government has a controlling share or interest, except the holders of elected public office; provided that in case of a person who has resigned or retired from any such service, a period of not less than six months has elapsed since his resignation or retirement; or (g) he has been convicted by a court of competent jurisdiction for a term exceeding two years for an offence involving moral turpitude or misuse of power or authority under any law unless a period of three years has elapsed since his release; or
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(i) he has been convicted of an offence involving activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan unless a period of three years has elapsed since his release. (h) he has been dismissed, removed or compulsorily retired from public service on the grounds of misconduct unless a period of three years has elapsed since his dismissal, removal or compulsory retirement; (i) he is under contract for work to be done or goods to be supplied to a council or has otherwise any direct pecuniary interest in its affairs; (j) he is the for the time being disqualified for being chosen or elected as a member of Provincial Assembly under any law for the time being in force.
38. PROHIBITION ON DUAL MEMBERSHIP. (1) No person shall at the same time be a member of more than one Council. (2) Nothing in sub-section (1) shall prevent a person from being a candidate for two or more seats whether in the same Council or different Councils but if he is elected to more than one seat he shall within a period of fifteen days of the declaration of the result of the last such seat resign all but one of his seats by addressing a letter to the Election Commission of Pakistan and if he does not so resign he shall be deemed to have retained the seat, to which he was elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was last filed. (3) Where a person has been elected to more than one seat in the same Council or different Councils, he shall not sit in any such Council until he resigns all but one of his seats. (4) Where an election for membership of a Union Council and a District Council is not held at the same time, nothing contained in sub-section (1) shall prevent a member of a union council from being a candidate of a seat in a District Council and vice-versa but the seat held by him shall stand vacated as soon as he is elected to the new seat. (5) If a member of a council is elected as a member of the Parliament or Provincial Assembly, his seat as member of the council shall stand vacated on his taking oath as a member of the Parliament or Provincial Assembly, as the case may be. (6) A member of Parliament or Provincial Assembly on being elected as a member of Council shall have to resign as a Member of Parliament or Provincial Assembly, within a period of five weeks after the notification as a Member of Council.
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39. EXECUTIVE AUTHORITY TO ASSIST THE ELECTION COMMISSION.- It shall be the duty of all executive authorities in the Province to assist the Election Commission in the discharge of its functions. 40. ELECTORAL ROLLS.- (1) A person shall be entitled to be enrolled as a voter if he: (a) is a citizen of Pakistan; (b) is not less than eighteen years of age; and (c) fulfills such other conditions as the Election Commission may specify. (2) The electoral rolls for the Councils elections shall be prepared by the Election Commission in such manner as it may deem appropriate and the electoral rolls shall not be invalid by reason of any erroneous description in the electoral rolls of any person listed or of an omission of the name of any person entitled to be enrolled or of inclusion of the name of any person not so entitled. (3) Every person whose name is entered in the electoral roll shall be entitled to cast a vote in the elections of the Council. 41. APPOINTMENT OF RETURNING OFFICER ETC.- (1) Subject to subsection (2), the Election Commission shall appoint from amongst the officers of the Election Commission, the Government, a body or entity controlled by the Government, or any other authority, a Returning Officer and an Assistant Returning Officer for each constituency for purposes of elections under this Act. (2) The Election Commission may appoint a person as Returning Officer or Assistant Returning Officer for two or more constituencies. (3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Act and may, subject to such conditions as may be imposed by the Election Commission, exercise and perform, under the control of the Returning Officer, the powers and functions of the Returning Officer. (4) It shall be the duty of a Returning Officer to do all such acts as may be necessary for effectively conducting an election in accordance with the provisions of this Act and the rules. 42. POLLING STATION.- (1) The Returning Officer shall, before such time as the Election Commission may fix, propose to the Election Commission a list of polling stations for the constituency. (2) The Election Commission may make such alterations in the list of polling stations submitted under subsection (1) as it deems necessary and shall forward to the Returning Officer the final list of the polling stations one week before the Polling day. (3) The Returning Officer shall establish in each constituency polling stations according to the final list sent by the Election Commission specifying the electoral area and the voters of the electoral area who shall be entitled to vote at each polling station, and shall, at least three days before the polling day, give wide publicity, in such manner as he may deem fit, to the polling stations. (4) A polling station shall not be located in any premises which belong to or are under the control of any candidate. 17
43. PRESIDING OFFICER AND POLLING OFFICER.- (1) A Returning Officer shall appoint for each polling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers to assist the Presiding Officer as the Returning Officer may consider necessary. (2) A person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer. (3) The Returning Officer shall submit a list of Presiding Officers and Polling Officers to the Election Commission at least fifteen days before the polling day for approval and no change in the personnel shall be made except with the approval of the Election Commission. (4) A Presiding Officer shall conduct the poll in accordance with the provisions of this Act and the rules and shall be responsible for maintaining order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll. (5) The Returning Officer shall authorize one of the Assistant Presiding Officers to act in place of the Presiding Officer if the Presiding Officer is at any time during the poll, by reason of illness or other cause, not present at the polling station, or is unable to perform his functions. (6) The Returning Officer may, at any time during the poll, for reasons to be recorded in writing, suspend any Presiding Officer, Assistant Presiding Officer or Polling Officer and make such arrangements as he may consider necessary for the performance of the functions of the Officer so suspended. 44. SUPPLY OF ELECTORAL ROLLS.- (1) The Election Commission shall provide the electoral rolls of the constituency to the Returning Officer. (2) The Returning Officer shall provide the electoral rolls, containing the names of the voters entitled to vote at a polling station, to the Presiding Officer. 45. OTHER POWERS AND FUNCTIONS OF THE ELECTION COMMISSION.- In addition to the powers and functions of the Election Commission under this Act, the Election Commission shall, in relation to local government elections, exercise such other powers and perform such other functions as may be prescribed. 46. NOTIFICATION OF ELECTION, RESIGNATION AND REMOVAL.- (1) Every election, resignation or removal of a member shall be notified by the Election Commission. (2) The Government shall notify: (a) vacation of office owing to resignation or death of a member; and (b) election, appointment or vacation of office, owing to any cause, of the Mayor, Deputy Mayor, Chairman or Vice Chairman or a Member.
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47. ELECTION PETITION.- (1) Subject to this Act, an election to an office of a council shall not be called in question except by an election petition. (2) A candidate may, in the prescribed manner, file an election petition before the Election Tribunal challenging an election under this Act. 48. ELECTION TRIBUNAL.- (1) The Election Commission shall, by notification, appoint an Election Tribunal for such local area as may be specified in the notification. (2) The Election Commission may transfer an election petition from one Election Tribunal to another Election Tribunal. (3) Subject to the rules, the Election Commission may, by notification, issue instructions for presentation, hearing and trial of an election petition. (4) The Election Tribunal shall decide an election petition within one hundred and twenty days from the date of filing of the election petition. 49. POWERS OF ELECTION TRIBUNAL.- The Election Tribunal may exercise powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (V of 1908) and shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code. 50. DECISION OF THE ELECTION TRIBUNAL.- (1) The Election Tribunal may, on the conclusion of trial of an election petition, make an order :(a) dismissing the petition; (b) declaring the election of the returned candidate to be void; (c) declaring the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected; or (d) declaring the election as a whole to be void. (2) The decision of the Election Tribunal shall take effect from the date on which it is made and shall be communicated to the Election Commission. 51. GROUND FOR DECLARING ELECTION OF RETURNED CANDIDATE VOID.(1) The Election Tribunal shall declare the election of the returned candidate to be void if it is satisfied that : (a) the nomination of the returned candidate was invalid; or (b) the returned candidate was not, on the nomination day, qualified for or was disqualified from, being elected as a member; or (c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or (d) corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent. (2) The election of a returned candidate shall not be declared void if the Election Tribunal is satisfied that any corrupt or illegal practice was committed without the consent, connivance or knowledge of that candidate or his election agent and that the candidate and the election agent took all reasonable precaution to prevent its commission. 19
52. GROUND FOR DECLARING A PERSON OTHER THAN A RETURNED CANDIDATE ELECTED.- The Election Tribunal shall declare the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected, if it is so claimed by the petitioner or any of the candidates and the Election Tribunal is satisfied that the petitioner or such contesting candidate was entitled to be declared elected. 53. GROUND FOR DECLARING ELECTIONS AS A WHOLE VOID.- The Election Tribunal shall declare the election as a whole to be void if it is satisfied th...