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LG amendment bill tabled in PA

* Draft suggests government appoint independent ‘election authority’ for conducting LG elections for four-year term

Staff Report

LAHORE: The Punjab Local Government (Amendment) Bill 2010 was tabled in the Punjab Assembly on Thursday, seeking legislation to make way for the appointment of administrators in place of district and tehsil nazims in the province.

Punjab Law Minister Rana Sanaullah tabled the amendment bill before the House, in which the provincial government has proposed six major amendments to the LG Ordinance. The government has proposed amendments to sections 150, 159, 164 and insertion of a new provision, section 179-A, after Section 179.

Election authority: The government proposed substitution of Section 150, with the proposed sub-section stating, “The government shall appoint an election authority for conducting elections of local governments for a term of four years.”

Sub-section 2 proposes, “The election authority shall consist of a chairman and not less than two other members.” Sub-section 3 recommends, “No person shall be appointed chairman unless he has been or is qualified to be a judge of a High Court.”

Sub-section 4 says, “A member of the election authority shall be a person who is or has been in the service of Pakistan in BS-20 or above.” It adds, “The government shall determine the terms and conditions of service of the chairman and members.”

Sub-section 6 says, “The election authority shall exercise such powers and perform such functions as may be prescribed.”

Sub-section 7 says, “The election authority shall, subject to the provisions of the ordinance and the rules, regulate its own procedure.”

Sub-section 8 suggests, “The election authority may appoint officers and servants on such terms and conditions as may be prescribed.

Sub-section 9 recommends, “It shall be the duty of all executive authorities in the province and all local authorities under the administrative control of the government to assist the election authority in performance of its functions.”

The government also proposed an amendment to Sub-section 1 of Section 159, saying a colon shall be substituted by a full stop and the proviso shall be omitted. The amendment bill has inserted section 179-A with six sub-sections.

According to sub-section 1, “this section shall have effect notwithstanding anything contained in this ordinance or in any other law”. Sub-section 2 says “for the purposes of holding next elections for local governments, all zila councils, tehsil councils, town councils, and union councils shall stand dissolved with immediate effect.”

Sub-section 3 suggests, “Consequent upon the dissolution of the councils under sub-section (2), all nazims, naib nazims and member of the councils shall cease to hold their respective offices.”

Sub-section 4 says, “The government shall appoint a person as administrator for a local government to perform the functions and exercise the powers of the nazim, naib nazim and council under the ordinance or any other law.”

Sub-section 5 says, “The government may issue general or special directions to an administrator in the performance of his functions or exercise of powers under sub-section 4.”

Sub-section 6 recommends that “as soon as may be but not later than one hundred and eighty days, the government shall notify a date for holding of election of the local governments”. The proposed draft also sates that in the said ordinance, the words “chief election commissioner” and the words “election commission”, shall be substituted by the words “election authority”.

Speaker Rana Iqbal Ahmad Khan referred the bill to the relevant standing committee for further deliberations.

Law Minister Sanaullah assured the House that the government would not amend the rules to bypass the bill’s submission before the House and would present the draft for an open debate. The Punjab Assembly also took up the Punjab Technical Education and Vocational Training Authority Bill 2010.

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